HomeMy WebLinkAboutMay 15, 2012 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
May 15, 2012
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, May 15, 2012 at 3:00 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each
speaker will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for May 15, 2012.
3. Receive a report and hold a discussion regarding an economic development project
consisting of a full-service hotel and convention center to be located on property owned
by the University of North Texas.
4. Receive a report, hold a discussion, and provide staff with direction regarding funding for
City Council initiatives that were included in the FY 2011-12 Adopted Budget.
5. Receive a report, hold a discussion, and provide staff with direction regarding a
recommendation by the Citizens Bond Advisory Committee to incorporate public art into
the proposed November 2012 bond election.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
CLOSED MEETING
1.Closed Meeting:
A.Consultation with Attorneys – Under Texas Government Code Section 551.071.
1.Consult with City’s attorneys regarding litigation strategy and the status of
litigation styled Zavo v. City of Denton, Cause No. 2010-40410-362,
nd
currently pending in the 362 District Court of Denton County.
B.Consultation with Attorneys – Under Texas Government Code, Section 552.071;
and Deliberations Regarding Real Property – Under Texas Government Code,
Section 552.072.
City of Denton City Council Agenda
May 15, 2012
Page 2
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the M.E.P. & P. Railroad Survey, Abstract No. 1473,
Denton County, Texas, and located generally in the 2800 block of Paisley
Street, west of Pace Drive, within the City of Denton, Texas. Consultation
with the City’s attorneys regarding legal issues associated with the
potential acquisition of the real property described above where a public
discussion of these legal matters would conflict with the duty of the City’s
attorneys to the City of Denton and the PUB under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City’s legal position in any administrative proceeding or
potential litigation.
2. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the William Roark Survey, Abstract No. 1087, Denton
County, Texas, and located generally at the northeast and southeast
corners of intersection of Vintage Boulevard and Bonnie Brae Street,
within the City of Denton, Texas. Consultation with the City’s attorneys
regarding legal issues associated with the potential acquisition of the real
property described above where a public discussion of these legal matters
would conflict with the duty of the City’s attorneys to the City of Denton
and the PUB under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas, or would jeopardize the City’s legal position in
any administrative proceeding or potential litigation.
3. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the M.E.P. & P. Railroad Survey, Abstract No. 927,
Denton County, Texas, and located generally along the west side of
Mayhill Road, between Gayla Drive and Spencer Road, within the City of
Denton, Texas. Consultation with the City’s attorneys regarding legal
issues associated with the potential acquisition of the real property
described above where a public discussion of these legal matters would
conflict with the duty of the City’s attorneys to the City of Denton and the
PUB under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas, or would jeopardize the City’s legal position in any
administrative proceeding or potential litigation.
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
May 15, 2012
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
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Robert Donnelly regarding streets.
4. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A – S). 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 – S below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A. Consider a request for an exception to the Noise Ordinance for the purpose of
playing music and operating a public address system during the Juneteenth
Celebration. The event will be located in the Fred Moore Park on Friday, June 15,
2012, beginning at 5:00 p.m. and concluding at 11:00 p.m.; and on Saturday, June
16, 2012, beginning at 10:00 a.m. and concluding at midnight. This request is for an
exception to the hours of operation and for an increase in sound decibels from 70 to
75 decibels for the amplified sound. Staff recommends approving the requests.
B. Consider approval of the minutes of:
April 2, 2012
April 3, 2012
April 10, 2012
City of Denton City Council Agenda
May 15, 2012
Page 4
April 17, 2012
C. Consider approval of a resolution approving the 2011 Annual Report for the Tax
Increment Finance Zone No.1 (Downtown TIF). The TIF Board recommends
approval (6-0).
D. Consider adoption of an ordinance of the City of Denton, Texas accepting
competitive bids and awarding a best value contract for street milling services for
the City of Denton Street department; authorizing the expenditure of funds
therefor; and providing an effective date (Bid 4936–Best Value Bid for Street
Milling Services awarded to Dustrol, Inc. in the annual estimated amount of
$300,000).
E. Consider adoption of an ordinance authorizing the City Manager to execute a
professional services agreement (PSA) with Freese and Nichols, Inc. for design
services for the new Pecan Creek Water Reclamation Plant Operations Building,
and providing for an effective date (File 4893–Design of Pecan Creek Water
Reclamation Operations Building awarded to Freese and Nichols, Inc. in the
amount of $192,057). The Public Utilities Board recommends approval (5-0).
F. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of two dry
pit submersible pumps from DXP Enterprises, Inc., which are available from only
one source and in accordance with the pertinent provisions of Chapter 252.022 of
the Texas Local Government Code such purchases are exempt from the
requirements of competitive bidding; and providing an effective date (File 4929–
Purchase of Two Submersible Pumps for Pecan Creek Water Reclamation Plant
in the amount of $115,000). The Public Utilities Board recommends approval
(5-0).
G. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 0.1413 acre tract located in the M.E.P. & P.
Railroad Survey, Abstract Number 1473, known as Lot 23, Block A, of Bellaire
Crossing, in the City of Denton, Denton County, Texas, according to the plat
thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas,
located generally along the north line of Paisley Street, west of Pace Drive (the
“Property Interests”), for the public use of expanding, and improving the Denton
Municipal Electric Distribution and Transmission System; authorizing the City
Manager or his designee to make an offer to Marilyn Kaye Newland and William
Edgar Summers and Edna Auline Summers, Co-Trustees of the William Edgar
Summers Family Living Trust to purchase the Property Interests for the purchase
price of One Hundred and Ten Thousand Dollars and No Cents ($110,000.00),
and other consideration, as prescribed in the Contract of Sale, attached to the
ordinance and made a part thereof as Exhibit “A”; authorizing the expenditure of
funds therefor; authorizing relocation expenditures; and providing an effective
date.
H. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 0.2159 acre tract located in the M.E.P. & P.
City of Denton City Council Agenda
May 15, 2012
Page 5
Railroad Survey, Abstract Number 1473, known as Lot 24, Block A, of Bellaire
Crossing, in the City of Denton, Denton County, Texas, according to the plat
thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas,
located generally along the north line of Paisley Street, west of Pace Drive (the
“Property Interests”), for the public use of expanding, and improving the Denton
Municipal Electric Distribution and Transmission System; authorizing the City
Manager or his designee to make an offer to Dewitt S. Davenport to purchase the
Property Interests for the purchase price of One Hundred and Seventeen
Thousand Dollars and No Cents ($117,000.00), and other consideration, as
prescribed in the Contract of Sale, attached to the ordinance and made a part
thereof as Exhibit “A”; authorizing the expenditure of funds therefor; authorizing
relocation expenditures; and providing an effective date.
I. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.398 acre tract located in the M.E.P. & P.R.R. Co.
Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more
particularly described on Exhibit “A”, attached to the ordinance, located generally
in the 1100 block of South Mayhill Road (the “Property Interests”), for the public
use of expanding and improving Mayhill Road, a municipal street and roadway;
authorizing the City Manager or his designee to make an offer to Leroy Barber
and Lucy I. Barber, Trustees of the Leroy Barber and Lucy I. Barber Family
Trust, dated May 18, 1994 to purchase the Property Interests for the purchase
price of Fifty Five Thousand Dollars and No Cents ($55,000.00), and other
consideration, as prescribed in the Purchase Agreement, attached to the ordinance
and made a part thereof as Exhibit “B”; authorizing the expenditure of funds
therefor; authorizing relocation expenditures; and providing an effective date.
J. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 1.198 acre tract located in the M.E.P. & P.R.R. Co.
Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more
particularly described on Exhibit “A”, attached to the ordinance, located generally
in the 1100 block of South Mayhill Road (the “Property Interests”), for the public
use of expanding and improving Mayhill Road, a municipal street and roadway;
authorizing the City Manager or his designee to make an offer to Shirley F. Moon,
Individually and as Trustee of the Moon Family Living Revocable Trust to
purchase the Property Interests for the purchase price of One Hundred Five
Thousand Dollars and No Cents ($105,000.00), and other consideration, as
prescribed in the Contract of Sale, attached to the ordinance and made a part
thereof as Exhibit “B”; authorizing the expenditure of funds therefor; authorizing
relocation expenditures; and providing an effective date.
K. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 1.068 acre tract located in the M.E.P. & P.R.R. Co.
Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more
particularly described on Exhibit “A”, attached to the ordinance, located generally
in the 1200 block of South Mayhill Road (the “Property Interests”), for the public
use of expanding and improving Mayhill Road, a municipal street and roadway;
authorizing the City Manager or his designee to make an offer to Jackie Lee
Bridges to purchase the Property Interests for the purchase price of Ninety Five
City of Denton City Council Agenda
May 15, 2012
Page 6
Thousand Dollars and No Cents ($95,000.00), and other consideration, as
prescribed in the Contract of Sale, attached to the ordinance and made a part
thereof as Exhibit “B”; authorizing the expenditure of funds therefor; authorizing
relocation expenditures; and providing an effective date.
L. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.997 acre tract located in the M.E.P. & P.R.R. Co.
Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more
particularly described on Exhibit “A”, attached to the ordinance, located generally
in the 1200 block of South Mayhill Road (the “Property Interests”), for the public
use of expanding and improving Mayhill Road, a municipal street and roadway;
authorizing the City Manager or his designee to make an offer to William A.
Elliott and wife, Marilyn M. Elliott to purchase the Property Interests for the
purchase price of Ninety Five Thousand Dollars and No Cents ($95,000.00), and
other consideration, as prescribed in the Contract of Sale, attached to the
ordinance and made a part thereof as Exhibit “B”; authorizing the expenditure of
funds therefor; authorizing relocation expenditures; and providing an effective
date.
M. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 1.968 acre tract in the M.E.P. & P.R.R. Co. Survey,
Abstract Number 927, City of Denton, Denton County, Texas, as more
particularly described on Exhibit “A”, attached to the ordinance, located generally
in the 1200 block of South Mayhill Road (the “Property Interests”), for the public
use of expanding and improving Mayhill Road, a municipal street and roadway;
authorizing the City Manager or his designee to make an offer to Haeussler
Properties, LP to purchase the Property Interests for the purchase price of Two
Hundred Eleven Thousand Five Hundred Dollars and No Cents ($211,500.00), as
prescribed in the Contract of Sale, attached to the ordinance and made a part
thereof as Exhibit “B”; authorizing the expenditure of funds therefor; authorizing
relocation expenditures; and providing an effective date.
N. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.58 acre tract situated in the William Roark Survey,
Abstract No. 1087, located in the City of Denton, Denton County, Texas, as more
particularly described on Exhibit “A”, attached to the ordinance, located generally
northeast of the intersection of South Bonnie Brae Street and Vintage Parkway
(the “Property Interests”), for the public use of expanding and improving Bonnie
Brae Street, a municipal street and roadway; authorizing the City Manager or his
designee to make an offer to JOAB Partners, L.P., a Texas limited partnership to
purchase the Property Interests for the purchase price of Seventy Four Thousand
Six Hundred Twenty Seven Dollars and No Cents ($74,627.00), and other
consideration, as prescribed in the Purchase Agreement, attached to the ordinance
and made a part thereof as Exhibit “B”; authorizing the expenditure of funds
therefor; and providing an effective date.
O. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.73 acre tract, situated in the William Roark Survey,
Abstract No. 1087, located in the City of Denton, Denton County, Texas, as more
City of Denton City Council Agenda
May 15, 2012
Page 7
particularly described on Exhibit “A”, attached to the ordinance, located generally
southeast of the intersection of South Bonnie Brae Street and Vintage Parkway
(the “Property Interests”), for the public use of expanding and improving Bonnie
Brae Street, a municipal street and roadway; authorizing the City Manager or his
designee to make an offer to JOAB Partners, L.P., a Texas limited partnership to
purchase the Property Interests for the purchase price of Thirty Eight Thousand
Three Hundred Eighty Seven Dollars and No Cents ($38,387.00), and other
consideration, as prescribed in the Purchase Agreement, attached to the ordinance
and made a part thereof as Exhibit “B”; authorizing the expenditure of funds
therefor; and providing an effective date.
P. Consider adoption of an ordinance of the City of Denton, Texas approving an
Estoppel Certificate to Hangars Plus, LLC and Justin State Bank for hangars
located at 4846 Lockheed and 4888 Lockheed at Denton Airport; and, providing
an effective date. The Council Airport Committee recommends approval (3-0).
Q. Consider adoption of an ordinance approving a First Amendment to a
Commercial Operator Airport Lease Agreement between the City of Denton,
Texas and GCBSXX LLC for assignment to Sykes-Vaughan Investments, LLC of
property located at 4700 Spartan Drive at Denton Airport; and, providing an
effective date. The Council Airport Committee recommends approval (3-0).
R. Consider adoption of an ordinance approving a Second Amendment to a
Commercial Operator Airport Lease Agreement between the City of Denton,
Texas and GCBSXX LLC for assignment to Sykes-Vaughan Investments, LLC of
property located at 4780 Spartan Drive at Denton Airport; and, providing an
effective date. The Council Airport Committee recommends approval (3-0).
S. Consider approval of a resolution allowing Michaels Memories Organization to
be the sole participant allowed to sell alcoholic beverages at the Denton Rugby
tournament held in North Lakes Park on May 26, 2012, upon certain conditions;
authorizing the City Manager or his designee to execute an agreement in
conformity with this resolution; and providing for an effective date. Parks,
Recreation and Beautification Board recommends approval (5-0). Staff
recommends approval of the request.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton, Texas, providing for a
zoning change from a Neighborhood Residential 3 (NR-3) zoning district to a
Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district
classification and use designation subject to a restrictive overlay on approximately
3.3 acres. The property is located east of Bell Avenue, approximately 500 feet
north of the northeast intersection of Sherman Drive and Bell Avenue and is
approximately 185 feet south of Sunrise Cove within the City of Denton, Denton
County, Texas; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof, severability and an effective date. (Z11-0026) The Planning
This item was continued
and Zoning Commission recommends approval (7-0).
from the April 17, 2012 City Council meeting.
City of Denton City Council Agenda
May 15, 2012
Page 8
B. Consider approval of a resolution naming the Rail Trail pedestrian bridge over
Loop 288 after Dr. Martin Luther King, Jr.
C. Consider adoption of an ordinance accepting proposals and awarding a public
works contract for the construction of the Denton Branch Rail Trail at Loop 288
Pedestrian Bridge; providing for the expenditure of funds therefor; and providing
an effective date (Bid 4868–awarded to Massana Construction, Inc. in the amount
of $1,718,138.40).
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.
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 ___________________, 2012 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:
May 15, 2012
DEPARTMENT:
Economic Development Department
ACM:
Jon Fortune
SUBJECT
Receive a report and hold a discussion regarding an economic development project
consisting of a full-service hotel and convention center to be located on property owned
by the University of North Texas.
BACKGROUND
This item has been placed on the agenda to provide a brief history of community
discussions, City goals and other activity relating to the development of a hotel and
conference center project. Staff will provide an outline of the roles of the partnership
structure between the City, University of North Texas,
Management and the status of the project to date.
You will also be given an opportunity
Hospitality Management, who will provide details of the proposed facility. Dr. Lane
Rawlins, President of the University of North Texas, will also be present to discuss the
U involvement in the project.
Respectfully submitted:
_______________________________
Linda Ratliff, Director
Economic Development Department
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Receive a report, hold a discussion, and provide staff with direction regarding funding for City
Council initiatives that were included in the FY 2011-12 Adopted Budget.
BACKGROUND
During the development of the FY 2011-12 Budget, funding in the amount of $283,676 was
identified for a variety of City Council initiatives. While not comprehensive, the below list of
items were identified as possible candidates for funding:
Additional street maintenance funding
Implementation of various elements of the bike plan
Additional traffic signals
DCTA downtown shuttle capital and operating costs
Neighborhood improvement incentives
Again, the above list is not intended to be an all inclusive list of possible initiatives. Rather, it is
intended to be a representation of the most common City Council and/or staff initiatives that
have been discussed. As such, the listing of possible projects can be expanded to include other
items not identified.
Since exact cost and project information was not known at the time of budget adoption, the City
Council did not allocate funding to any specific project. Accordingly, no expenditures have been
recorded for any of these activities in connection with the identified funds. The purpose of this
item, therefore, is to discuss the possible allocation of these funds.
The PowerPoint presentation will be used to facilitate a discussion of the above described issues.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
In August and September 2011, the City Council discussed the funds reserved for Council
priorities and the FY 2011-12 Proposed Budget on a number of occasions.
On September 20, 2011, the City Council approved the FY 2011-12 Budget.
Agenda Information Sheet
May 15, 2012
Page 2
EXHIBITS
Exhibit 1: PowerPoint Presentation
Respectfully submitted:
Bryan Langley
CFO and Director of Strategic Services
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Receive a report, hold a discussion, and provide staff with direction regarding a recommendation
by the Citizens Bond Advisory Committee to incorporate public art into the proposed November
2012 Bond Election.
BACKGROUND
As discussed previously, the City is contemplating a $20 million street infrastructure bond
program to reconstruct existing streets in the community. The program assumes no tax rate
increase, and it is expected that voters would be requested to approve the program in the
November 2012 election.
In 2006, the City Council approved a Public Art Policy (see Exhibit 1) which stated The City of
Denton shall include a base of 2% for the arts from all future Capital Improvement Programs,
with the option and flexibility to increase to a 4% maximum, based on needs and economic
conditio According to the definition contained in this policy, public art
Under this policy, $400,000 to
$800,000 of the Proposed $20 million bond program for street reconstruction would need to be
reserved for public art funding. The City Council appointed a Citizens Bond Advisory
Committee to 1) identify appropriate projects for consideration and 2) determine whether the
Public Art Policy should be applied to the upcoming bond program.
During the May 7 meeting, the Citizens Bond Advisory Committee voted (11 in favor and 8
opposed) to recommend that public art be incorporated into the bond program which will be
considered by the voters in November 2012. While the Committee did have an extensive
discussion on the appropriate level of funding for public art, no formal recommendation has been
made by the Committee to the City Council. As such, if public art is funded as recommended,
staff requests that the City Council determine what percentage of the bond program should be
dedicated to public art. As discussed above, the Public Art Policy contemplated that 2-4% of
total capital improvement program expenses would be dedicated to public art.
In addition to the level of public art funding, staff also requests that the City Council determine
how public art projects should be selected. The City Council can select the projects, or the
selection of projects can be assigned to the Citizens Bond Advisory Committee, Public Art
Committee, or another committee altogether.
Agenda Information Sheet
May 15, 2012
Page 2
Finally, the Citizens Bond Advisory Committee also discussed how individual bond propositions
are determined and whether public art is required to be a separate proposition on the ballot for
voters. The answer depends largely on whether public art is considered a part of the street
improvements that will also be on the ballot for consideration. As such, staff requests that the
City Council provide direction to staff on whether the proposed public art improvements should
be part of the street improvements, and how these items should be presented to the public on the
ballots in November. To explain the issues associated with this decision further, I have attached
counsel, Greg Schaecher.
The attached PowerPoint presentation (Exhibit 3) will be used to facilitate a discussion of the
above described issues.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
At the January 31, 2012, retreat, staff briefed the City Council on the Proposed 2012 Bond
Election priorities and schedule.
On February 6, 2012, the City Council discussed the proposed bond election and indicated a
preference for a twenty-one (21) member Citizen Bond Advisory Committee (3 appointments for
each City Council member).
On February 21, 2012, the City Council discussed the proposed bond election, calendar of
events, and Advisory Committee appointment process.
On March 6, 2012, the City Council appointed members of the public to the Citizen Advisory
Committee for the proposed 2012 Bond Election.
On April 3, 2012, the City Council formally approved the creation of a Citizens Bond Advisory
Committee and appointed additional members of the public to serve on the committee.
On May 7, 2012, the Citizens Bond Advisory Committee recommended that public art should be
incorporated into the proposed bond election.
EXHIBITS
Exhibit 1: Public Art Policy
Exhibit 2: Letter from Greg Schaecher to Bryan Langley regarding bond propositions
Exhibit 3: PowerPoint Presentation
Respectfully submitted:
Bryan Langley
CFO and Director of Strategic Services
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 2
MEMORANDUM
TO: Mr. Bryan Langley City of Denton
FROM: McCall, Parkhurst & Horton L.L.P.
DATE: May 2, 2012
SUBJECT: Bond Propositions to Authorize Bonds for Public Art Projects Relating to
Street Improvements
As bond attorneys for the City of Denton, Texas (the “City”), you have asked us to
provide advice regarding the rules and restrictions on the use single versus multiple bond
propositions that would authorize the use of bond proceeds to finance public art projects within
the City.
OVERVIEW
It is a well established principal of Texas law that the ballot language used to describe
each bond proposition to voters creates a legally binding contract between the City and the voters
as to the purposes for which the City will use the bond money. Thus, if the ballot language states
that the bonds will be issued to finance the construction of a new City Hall building, the City
cannot later use such bond money to finance street improvements. However, the City could use
such bond money for projects that are directly related to the purpose for which the bonds were
voted, so long as the project qualifies as a “capital expenditure.” In the City Hall example above,
the City could use the bond money to construct a new City Hall building that includes a mosaic
or mural in the main lobby that is a permanent feature of the building. However, the City could
not use such money to build the exact same mosaic or mural at a different City building.
THE SINGLE-PURPOSE BOND PROPOSITION
Another well established principle of Texas law is that each bond proposition may only
cover a single subject, or a single purpose. Thus, a single bond proposition could not authorize
bonds to finance street improvements and the construction of an animal shelter. This rule is
intended to prevent governments from bundling multiple items together in a single all-or-nothing
bond proposition. The word “single”, however, does not mean that each separate project must
have its own, separate ballot proposition. Rather, each ballot proposition can only cover a single
subject, such as street improvements, park improvements, or public art. For example, a single
proposition could authorize the “construction, acquisition and equipment of new municipal
buildings in the City, and the purchase of sites therefor” and the City could use such bond money
1
to buy multiple tracts of land and construct new buildings at multiple locations in the City.
Similarly, a single bond proposition could authorize the “construction, acquisition and equipment
1
Note that in this example, the City could only use the bond money to build new buildings, and those buildings
would have to be located in the City. Thus, the City could not use the bond money to renovate or expand existing
buildings or to construct new buildings outside of City limits.
1
EXHIBIT 2
of public art projects in the City,” and the City could use such bond money to finance multiple
public art projects at multiple locations.
BONDING FOR PUBLIC ART PROJECTS
FOR STREET IMPROVEMENTS
Option 1: Single Proposition for Street Improvements with No Reference to Related Public Art
Projects
The City could use a single bond proposition to authorize the issuance of bonds to
finance street improvements, making no reference to public art projects, and the City could
nonetheless use some bond money voted for street improvements to finance related art projects.
If no bonds are specifically voted for public art, however, the public art financed must be directly
and closely related to the street improvement approved by the voters, and it must be some form
of permanent improvement related to such purpose. For example, the art could not take the form
of a small sculpture or a large canvass painting that could easily be removed from the street
improvement. Rather, the art must become a permanent part of the street improvement, such as
tile pieces formed into a mosaic that also provides flooring for a sidewalk, a mural painted on the
side of a concrete overpass, custom ironwork used as fencing or railings, or a sculpture that
serves some structural purpose, such as a support column for a bridge or a light pole or is
otherwise an integral part of the street improvement.
Option 2: Single Proposition for Street Improvements with Specific Reference to Related Public
Art Projects
The City could draft a proposition asking voters to approve the issuance of bonds “for
street improvements and related public art projects.” This would make the intended use of the
bonds clearer to the City’s voters. However, the City would be subject to the same general
restrictions (public art must be related to street improvements) as if no reference to art projects
were made.
Option 3: Separate Propositions for Street Improvements and Public Art Projects
Finally, the City could use two separate propositions. Proposition 1 could authorize the
issuance of bonds “for street improvements” and Proposition 2 could authorize the issuance of
bonds for “public art projects related to street improvements.” As in Options 1 and 2 above, the
City would still be restricted to use any monies approved under Proposition 2 to finance art
projects that are directly related to street improvements.
2
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Parks and Recreation
ACM:
Fred Greene
_____________________________________________________________________________
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of playing music and
operating a public address system during the Juneteenth Celebration. The event will be located in
the Fred Moore Park on Friday, June 15, 2012, beginning at 5:00 p.m. and concluding at 11:00
p.m.; and on Saturday, June 16, 2012, beginning at 10:00 a.m. and concluding at midnight. This
request is for an exception to the hours of operation and for an increase in sound decibels from 70
to 75 decibels for the amplified sound. Staff recommends approving the requests.
BACKGROUND
The Juneteenth Celebration committee has submitted a request to allow the use of amplified sound
for live musical performances after 10:00 p.m. and for an increase in decibels from 70 decibels to
75 decibels. This event commemorates the day, June 19, 1865, when General Gordon Granger
informed the slaves of Texas that the Emancipation Proclamation had been signed to make all
slaves free. The event will be held in the Fred Moore Park on Friday, June 15, 2012, beginning at
5:00 p.m. and concluding at 11:00 p.m.; and on Saturday, June 16, 2012, beginning at 10:00 a.m.
and concluding at midnight.
The activities on Friday night will include gospel music performed by local churches. Saturday
activities will feature live bands, food vendors, choirs and entertainment, and children activities.
PRIOR ACTION/REVIEW
City Council has approved the exception to the noise ordinance for the Juneteenth Celebration in
the past.
EXHIBITS
1.Letter of Request
Respectfully submitted:
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Janie McLeod
Community Events Coordinator
P.O. Box 51291, Denton, Texas 76205
(940) 465-4321
________________________________________________________________________
April 17, 2012
Janie McLeod, Community Event Coordinator
City of Denton
Parks & Recreation Department
601 E. Hickory, Suite
Denton, Texas 76205
Dear Mrs. McLeod,
The Denton Juneteenth Celebration Committee requesting an exception to the noise
ordinance. The exception to the ordinance is for 75 decibels for the following events and
times.
Juneteenth Gospel Extravaganza Juneteenth Annual Celebration
Friday, June 15, 2012
Saturday, June 16, 2012
- 11:00 p.m.
0:00 a.m. - 12:00 Midnight
We thank you for your support.
Sincerely,
Willie Hudspeth
Chair - Juneteenth Celebration Committee
CITY OF DENTON CITY COUNCIL MINUTES
April 2, 2012
After determining that a quorum was present, the City Council convened in a Work Session on
Monday, April 2, 2012 at 11:30 a.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht,
Council Member Roden, Mayor Pro Tem Kamp, and Mayor Burroughs
ABSENT: Council Member King
1. Receive a report and hold a discussion regarding the Texas Department of Transportation
Comprehensive Development Agreement process for the Interstate 35 East Managed Lane
Project and the SB 1420 Committee.
Mark Nelson, Transportation Director, stated that this discussion would be a follow up to the
final SB 1420 Committee deliberations.
John Polster, ITS and member of the SB 1420 Committee, stated that the SB 1420 Committee
was formed for the purpose of making determinations with respect to the delivery method of the
IH 35E Managed Lanes Project in Dallas and Denton Counties and to allocate the risk and set the
tolling policy for the project. The baseline option for the project would provide two reversible
Managed Lanes between IH 635 and Loop 288. General purpose and frontage roads would re-
use existing pavement where possible, and add one general purpose lane from IH 635 to US 380.
Lake Lewisville lanes would have pedestrian and service road lanes for full access. Some areas
such as bridges would require the purchase of right-of-way; some areas would not require the
purchase of right-of-way unless absolutely necessary.
Polster indicated that approximately $1.1 billion was available for the project with the baseline
project currently estimated at $1.5 billion utilizing the design-build methods. If costs added up
over that, some options would be removed. A design build method would be used instead of a
concession method. He reviewed the funding options in terms of design build versus concession
methods. The current scenario was to have the project under procurement by the end of the year
and open to traffic in 2017. The revenue stream on the managed lanes would go forward.
Mayor Pro Tem Kamp stated that the Committee reserved the right on Phase 2 to have
concession management if necessary.
Polster reviewed Segment 14 of the project which was from Post Oak Drive to Loop 288. That
segment was proposing to add a third lane in each direction and a reversible lane in each
direction. The intent was to minimize the purchase of right-of-way as much as possible. Phase
Two would include four managed lanes.
Council Member Gregory asked about lane distance in Phase 1.
Polster stated that it would be a constrained minimal design with smaller lanes in the same area.
Council Member Gregory asked about Phase 2 separation.
Polster stated there would be proper distance between the lanes with proper shoulders.
City of Denton City Council Minutes
April 2, 2012
Page 2
Council Member Gregory asked about the timing of Phase 2.
Mayor Pro Tem Kamp stated that upon completion of Phase 1 and as revenue on the managed
lanes allowed, Phase 2 would be done.
Polster discussed Segment 15 which was Loop 288 to IH 35W. There would be four general
purpose lanes and four frontage lanes with substandard ramping. The proposal also included
adding a sixth general purpose lane and fixing the ramps. Segment 16 from IH 35W to US 380
was proposed to go from four general purpose lanes to six general purpose lanes plus working on
the ramping which was a key to development in the area. He indicated that the project could not
go any further north of US 380 as the environmental study was not approved any further north
and no project was cleared past US 380.
Council Member Engelbrecht stated that there might be problems coming around curve and the
bottle neck between IH 35W and US 380.
Polster replied that braided ramps would help with the impact to get some traffic off the main
road to the service road quicker. He indicated that the committee had completed its work and
voted for a design build. It was silent on Phase 2 at this time and included a description of the
project. Five firms were interested in a design build project and four for a concession build. The
intent was to short list those in April and get a request for proposal drafted in May. A final
request for proposal would be completed in July with the proposals due October and the
Commission to act in November.
Mayor Burroughs questioned if the Committee would be reconstituted when Phase 2 was being
considered.
Polster stated that might be a possibility but that in April 2015 the concession authority would
sunset so there would be the necessity to continue to keep the Legislature going on that tool to be
able to use it in 2017.
Council Member Roden asked about the toll rate.
Polster stated that $.75 was the fixed rate for the toll lane. The price for the managed lanes
would change as the congestion changed. The soft cap at was at $.75 but on off peak periods
would be about $.14 per mile.
2. Receive a report, hold a discussion, and give staff direction regarding the development of a
Local Preference Purchasing Policy.
Tony Puente, Assistant Director of Finance, stated that an internal working group of staff was
created to review local preference for procurement. The current policy was based on Local
Government Code, Chapter 271 and involved competitive bid contracts of less than $100,000. It
provided a local preference was (1) the local bidder was within 5% of the low bidder, and (2) the
local bidder offered the best combination of price and economic development opportunities.
Local bidders must meet all specifications and minimum requirements in the bids. It did not
apply to requests for quotes, requests for proposals or bids involving Federal funds.
City of Denton City Council Minutes
April 2, 2012
Page 3
The proposed policy applied only to two types of competitive bids. The first was the lowest
responsible bid where price was the single determinant factor. The second was the best value bid
where price was one of several weighted factors. Local bidders had to meet all specifications and
minimum requirements in the bids. The policy also proposed the implementation of a local
bidder reference consideration application.
Mayor Burroughs asked if the location of a local office was used as a factor in the weighted
valuation.
Puente stated that geography was not allowed and was limited to just competitive bids.
Mayor Burroughs questioned if the city's process, independent of the State process, could
provide for a geographical location.
City Attorney Burgess stated that a qualifier might be rapid responsiveness to needs or proximity
to the service provider. The proximity of the provider and rapid service provider was allowed.
Mayor Burroughs stated that in the past, the city worked with providers with a principle office
within 50 miles of city and weighted for those responses.
City Attorney Burgess stated that in that regard, care was needed as the statute was dealing with
the bid process. There was a need to look at the difference between the bid process and the
contract process. The request for proposal process was soft as the city could weigh the proposal.
Puente stated that Sections 271.9051 and 271.905 of the Local Government Code contained
provisions dealing with local preference. Section 271.9051 provided for a 5% price differential
on construction bids less than $100,000 and all other bids, including services, less than $500,000.
Section 271.905 provided for a 3% differential on all other bids, excluding construction and
services greater than $500,000. Best value bids included weighted factors of 5% or 3% based on
the above criteria.
Council Member Roden questioned why not go with the local bidder as a matter of policy.
Puente stated that the working group discussed evaluating on a bid by bid basis in situations with
a low bid and a local bid. If the using department went with the low bid versus the local bid, it
would have to show why.
Puente stated the proposal included an application and that there might be a situation where there
were minimal economic opportunities and the bid might be rejected.
Council Member Engelbrecht asked if the application would be kept on file or if a bidder would
have to complete one for each bid.
Puente stated that it would have to be done with each bid as it would be part of the specific bid
process.
City Attorney Burgess stated that the application would assist the bidders in regards to those
provisions regarding economic analysis.
City of Denton City Council Minutes
April 2, 2012
Page 4
Puente continued that with the proposed policy, the City could award a competitively bid
contract to the lowest responsible bidder, the local bidder or reject all bids. For cooperative
programs and interlocal agreements, staff would periodically complete a pricing comparison of
select purchases to verify that the best price was being obtained. Vendor education was
important with this process and staff was proposing prospective vendor information on the city
website, coordination with Denton County Purchasing Department on their annual vendor
information seminar, periodic participation with the Chamber of Commerce, and the
implementation of a vendor registration system to provide notice of bids/proposals.
Council Member Gregory suggesting finding out how bidders learned about an upcoming bid.
Puente stated that staff would be bringing forward an ordinance adopting this proposal for
Council consideration.
Following the completion of the Work Session, the City Council convened in a Closed Session at
12:45 p.m. to consider the following:
A. Consultation with Attorney - Under Texas Government Code, Section 551.071.
1. Consultation, discussion, deliberation, and receipt of legal information and
legal advice from the City’s attorneys regarding a Local Preference
Purchasing Policy, where 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 clearly conflicts with Chapter 551 of the Texas Government Code.
This item was not discussed.
B. Consultation with Attorney - Under Texas Government Code Section 551.071,
Deliberations regarding Economic Development Negotiations - Under Texas
Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues on matters
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 where such
discussion presents a conflict between the duty of the City’s attorneys to the
governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas and 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, including financial information related to such activities from a
business prospect.
Council ended the Closed Session at 1:50 p.m., went back into Open Session and with no further
business, the meeting was adjourned.
City of Denton City Council Minutes
April 2, 2012
Page 5
__________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
April 3, 2012
After determining that a quorum was present, the City Council of the City of Denton, Texas
.
convened in a Work Session on Tuesday, April 3, 2012 at 4:00 p.m in the City Council Work
Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden, Mayor Pro Tem Kamp,
and Mayor Burroughs.
ABSENT: None
1. Citizen Comments on Consent Agenda Items
There were no requests from citizens to speak on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for April 3, 2012.
Council Member Watts noted that the backup for Consent Agenda Item 3H indicated that there
were 136 units but that the number of bedrooms was much larger. He suggested that in the
future the number of bedrooms be looked at as opposed to the number of units and that staff
consider a definition of "unit" to include the number of bedrooms with the number of units.
Council Member Roden indicated that he did not know about the summer food program
associated with Consent Agenda Item 3G and noted that the backup indicated that it was started
in 1992. He questioned if it had been a continuous program since then.
City Manager Campbell stated that it had been a yearly program since the start in 1992.
Council Member Gregory stated that he was glad to see with Consent Agenda Item 3D that the
amount of money for the utility assistance program was sufficient. He questioned if there were
provisions in place for Interfaith Ministries to come back to the City or staff back to Council for
additional funding if funds became short.
City Manger Campbell stated that staff would continue to monitor and identify funds if the
amount was not sufficient.
Council Member Gregory noted that the informal staff report on this issue was very informative.
Mayor Burroughs stated that the funding was a set amount per month. He questioned if there
were any months when the funds were not enough and were made up with other months when
there were overages.
Ethan Cox, Customer Services Manager, stated that there were some stressful months in the
summer but there were enough reserves to carry through. To date, 85% of the funds had been
used which should allow for an amount available for next year.
City Manager Campbell questioned if Council would like to discuss Item 4B regarding the Street
Bond Committee and the appointment of a chair. Staff could modify the resolution before
consideration at the formal meeting.
City of Denton City Council Minutes
April 3, 2012
Page 2
City Attorney Burgess stated that if Council did not make an appointment, then at the first
meeting the members would elect their own chair and vice chair.
Mayor Burroughs stated that in the past Council had chosen the chair and felt that it might not be
a bad idea for Council to do so for this committee.
Mayor Pro Tem Kamp asked if there had been any suggestions from the nominees.
City Manger Campbell stated that the chair could be from the 21 members or Council could
appoint one additional person to be the chair.
Mayor Burroughs noted that Council had not talked about adding another person.
Council Member Gregory stated that he could see several possibilities from the list but would
have to talk to someone first.
Mayor Burroughs stated that he had talked with Marty Rivers who agreed to do that.
Council Member Watts questioned what Mr. Rivers was currently chairing.
Mayor Burroughs stated he was the chair of the Economic Development Partnership Board.
Council Member Watts asked if Tim Crouch was currently chairing any committees.
Council Member Gregory suggested appointing a char and co-chair.
Council Member Watts proposed charging the committee with these two people and let them
decide from the two suggested people who would be chair and vice chair.
City Attorney Burgess stated that wording would be added to the resolution for consideration
during the regular meeting.
3. Receive a report, hold a discussion and give staff direction regarding the 2012 Tax
Abatement Policy for the City of Denton to establish guidelines and criteria governing
tax abatement agreements.
Erica Sullivan, Economic Development Analyst, stated that the original policy was adopted in
1989. The abatement policies were valid for two years and must be readopted or replaced at the
end of the term. The last Tax Abatement Policy was adopted on April 20, 2010. The 2012
policy was modified to include the following considerations for granting tax incentives: local
contractor preference, community support and involvement, an expansion of the environmentally
sustainable practices category.
Local Contractor Preference – under the factors that the city may consider for granting an
additional 5% abatement the following was added – a minimum of 25% local contractors and
local subcontractors would be utilized during construction of the project. The minimum
requirements of 25% would be based on the estimated construction valuation of the project.
City of Denton City Council Minutes
April 3, 2012
Page 3
Community Support and Involvement was further defined to include that the applicant was
committed to actively support the community. That might include monetary or active investment
in local non-profits, public institutions or community organizations. It could also include
membership and participation in a Denton chamber of commerce. The Economic Development
Partnership Board would consider the criteria proposed by the applicant and make a
recommendation as to whether the additional 5% would be added to the overall incentive
package.
Environmentally Sustainable Practices – the additional 5% abatement might be considered if the
project incorporated significant environmentally sustainable practices that included Leadership
in Energy and Environmental Design certification, recycling initiatives, the manufacture of
sustainable materials or products that support sustainable industries in the incorporation of clean
technology.
Council Member Watts stated that on page 2 of the proposed policy there was an incentive factor
that stated “create high-skilled, high paying jobs”. He indicated that past abatements had jobs
and salaries listed but he did not see in the policy a definition of high paying job as a minimum
base line. He also did not see a process whereby the incentive would be verified throughout the
life of the project and questioned if an audit would be done to confirm that.
Sullivan indicated that past agreements had to provide documentation or an agreement to go on
site and inspect to verify the incentive.
Council Member Watts questioned the wording regarding actively supporting the Denton
community. He felt it was out of place in an economic development policy and that there were
no real requirements or parameters and was vague with no details.
Sullivan indicated that there were many potential businesses who indicated that they would have
a significant community involvement but then never did. The EDP Board discussed how to keep
the wording broad for the projects.
Mayor Burroughs stated that defining of the issue was hard for the Board. It could either be way
too specific or identifying organizations. If a project received the 5% the person wanting the
incentive would have to provide that information and the EDP Board or Council would then
approve it.
Council Member Watts stated if an incentive were granted and the project was up and running, a
follow-up to community involvement would be difficult to monitor. He asked what in the policy
provided for follow-up.
Linda Ratliff, Director of Economic Development, stated that each year the project would have
to document what was done. If the involvement were not met, there would be a reduction in the
abatement for the next year.
Council Member Gregory stated that it would provide flexibility to the applicant but have a
baseline on the amount of involvement.
City of Denton City Council Minutes
April 3, 2012
Page 4
Council Member Engelbrecht suggested being specific on what a "significant relationship with
the community” meant. He questioned what would happen if the abatements were reviewed
each year and the standards were not met.
Sullivan replied that it depended on the agreement. Some agreements were terminated if the
standards were not met.
Council Member Engelbrecht stated that he would rather have the 5% terminated if the
thresholds were not met.
Mayor Pro Tem Kamp questioned why the incentive would be terminated in future years if in
one year it was not met. She was in favor of encouraging it for future years.
Council Member Engelbrecht stated that the project would have already demonstrated it could
not do it so why keep it on.
Mayor Pro Tem Kamp stated that she would like to keep the flexibility but not punish for the
first time.
Mayor Burroughs stated that the EDP Board did not discuss a permanent loss of the 5% as there
might be some extenuating circumstances for a particular year.
Consensus of the Council was to receive yearly reports on how the incentives were doing.
4. Receive a report, hold a discussion, and give staff direction regarding an ordinance to
repeal the current Chapter 13 Food and Food Service Establishments of the Denton Code
of Ordinances with a new Chapter 13 Food and Food Service Establishments ordinance.
Kurt Hansen, Building Official, stated that the current version of the Food Ordinance was
adopted in 2004. The Texas Food Establishment Rules set the minimum standard for the city’s
ordinance. There were approximately 600 food establishments in Denton and last November a
third inspector was hired. The proposed ordinance made changes and added: mobile food units,
temporary food establishments, Farmer's Markets/Community Markets. He reviewed the
number of public meetings that were held regarding the proposed ordinance including a March
thnd
20 meeting with food establishment owners and a March 22 presentation to the Health &
Building Standards Commission
Amendments to the current ordinance were detailed as follows:
(1) Section 13-3 Personnel was amended to include that a food employee may drink from a
beverage container that had a tight fitting lid with a straw and would wear disposable gloves
when handling ready-to-eat foods or provide the documentation required under Texas Food
Establishment rules for double hand washing.
(2) Section 13-4 Food Manager Certification indicated that at least one person per shift shall
have a valid “Food Protection Management Training Certificate”.
City of Denton City Council Minutes
April 3, 2012
Page 5
Council Member Gregory questioned if an extremely small establishment with only one or two
employees would have to have one per shift.
Hansen stated correct according to the staff recommendation.
Council Member Gregory asked if that certificate was more significant than a food handler
permit.
Hansen stated that the certificate covered much more information.
Council Member Roden asked if a coffee shop would have to have one person on staff with this
certificate or if it just applied to some type of food service.
Hansen stated if the business required a health permit then someone on site during open hours
would have to have certification.
Jackie Kilz, Health Inspector, stated that when the business was open there must be someone in
charge with that certification. This was a common requirement that many area cities had
implemented.
Mayor Burroughs asked if there was a demonstrated pattern of abuse to show need this.
Gary Chambers, Health Inspector, stated that the premise was that people who know better, do
better. It might be possible to attach the requirement to the size of an establishment as currently
it was done per square footage.
Council Member Gregory suggested either by square footage, number of employees or type of
items sold. He could see a situation such as a snow cone stand with a young employee where
this could be overkill.
City Attorney Burgess questioned if the ordinance was referencing the State Health and Safety
Code and the Texas Administrative Code and whether the provisions were mandatory or
discretionary. Staff would research that provision and provide Council with more information.
Council Member Engelbrecht asked for information from other cities that had or did not have
that provision or some that had modified provisions.
(3) Section 13-8 Duration of Food Handler Card – the proposed change would be to extend the
food handler card for two years at a cost of $25.00. Cards would be displayed where they could
be easily seen by the Health Inspector.
(4) 13-20 Dogs Permitted in Outdoor Dining Area – proposed amendments would allow dogs in
an outdoor dining area when the dogs were on a leash at all times and the customer and dog had
access to the outdoor dining area directly from the exterior of the food service establishment.
(5) Section 13-21 Mobile Food Units – two classes of mobile food units were proposed. Class 1
would be non-PHF, pre-packaged food that provided hot and cold holding units from which
City of Denton City Council Minutes
April 3, 2012
Page 6
packaged food were displayed and sold. Class II would be able to serve a full menu as approved
by the Consumer Health Division.
(6) Mobile Unit Permits – would include a permit application with a plan review of the floor
plan; a Certificate of Occupancy for zoning districts; an itinerary or route; background checks for
owners and workers in terms of conviction of a sexual offence or related offense against a child;
provide documentation of agreements regarding parking on private property; and restroom
facility use within 500 feet.
Council Member King asked if there were background checks for employees in a food
establishment.
Hansen stated not in Denton but many cities did.
Council Member Gregory questioned if restaurants that target children did background checks.
City Attorney Burgess stated that staff would look more into this provision. There were sections
in the Texas Occupations Code where certain individuals may not receive certain permits.
Council Member Roden questioned the itinerary or route provision and whether it was tied to
getting a permit and how far out the routes would need to be determined.
Hansen stated that the provision was to level the playing field for those units that wanted to be in
zoning districts that allowed restaurants. Some units would want to move, some would stay in
one location. A route was necessary to make sure that where the unit parked was in a zoned
district and so that they could be found during the day when necessary.
Council Member Roden questioned how far out to make the itinerary which was tied to the
health permit.
Hansen stated that a preliminary itinerary could be provided for the permit and if that itinerary
was not working, a new one could be submitted.
Council Member Roden suggested allowing the health permit first and then provide the route so
as to separate the two.
Hansen stated that the intent was to manage where the units were going to park.
Council Member Gregory stated that some units would be mobile while some would be
permanent. He suggested the possibility of electronic notification of moving to a different
location.
Mayor Burroughs questioned if there was a situation such as a Homeowner’s Association
wanting to have a food cart next to their community pool and if that would be allowed.
Hansen stated no.
Mayor Burroughs suggested finding a way to make that happen to allow for that flexibility.
City of Denton City Council Minutes
April 3, 2012
Page 7
(7) Section 13-21 Mobile Units – mobile units would meet the requirements of a food service
established as listed in the State Health Services TFER and Chapter 13 of the Denton Code of
Ordinances. The interior of the mobile units would be professionally manufactured in
accordance with Section 13-28 Plans and Permits. The vehicle would be completely enclosed
and servicing records would be required to be kept on the unit and at the commissary and shall
be available for inspection.
Council Member Gregory questioned why the interior had to be professionally built.
Hansen stated that the commercial equipment was part of the rules for refrigeration and stoves
but as long they could be properly cleaned and washed and kept sanitary, it would be in
compliance.
Council Member Gregory stated that he was concerned with the wording “professionally built”.
Mayor Pro Tem Kamp stated that the unit did not have to be built by a contractor but had to be
done professionally and not haphazard.
Council Member King suggested using wording that would state the unit had to meet specs but
did not have to be done by a professional.
Hansen continued with commissary requirements. A commissary would be required for all
mobile units. The definition of a commissary was that it was a central preparation facility; a base
of operations; a site at which food preparation, storage, and cleaning or servicing of the vehicle
occurred. It would be a place to wash down, restock and get rid of used grease. The commissary
could not be a private residence or a warehouse and would have a health permit. The mobile
units would report to their approved commissary at least once every week to be cleaned and
serviced. A Class I vehicle could use a permitted restaurant as commissary.
(8) Section 13-21 Mobile Units restrictions – mobile units could not park within 1500 feet of a
public school between the hours of 7:00 a.m. and 5:00 p.m.; could not park within 300 feet of a
city permitted food establishment unless written permission was given by all food establishment
owners involved; could not be cleaned at the location of an existing food establishment as all
cleaning would be done at the approved commissary; could not dispose of wastewater or cooking
grease at an existing food establishment and could not be located closer than 12 feet from a
structure or another mobile food unit.
Council Member Roden stated that an established restaurant with a mobile food unit could not
service its own unit at the restaurant.
Hansen replied correct as the established restaurant would not be equipped to handle the
wastewater or the grease from the mobile unit.
Council Member Engelbrecht suggested receiving input from the schools on locating near a
school.
City of Denton City Council Minutes
April 3, 2012
Page 8
Mayor Burroughs suggested considering alternatives when schools were not in session such as in
the summer or weekends. If the school were closed the restrictions would be not relevant.
Council Member Watts asked about the zoning requirement. The purpose was to be in an area
where people wanted food and the permission requirement would regulate that aspect.
City Attorney Burgess presented information concerning cases of litigation with provisions of
locating near permanent restaurants.
Council Member Roden asked how sales tax would be collected.
Jon Fortune, Assistant City Manager, stated that typically the address for the permit was where
the money was collected.
Council Member Gregory asked about open air units such as the one in front of the Lowes Store
in terms of being completely enclosed or having an approved air curtain.
Hansen stated that after passage of the ordinance, it would have to come into compliance.
Council Member Gregory stated that lots of cities had those types of facilities so there may a
need for another class to address those types of units.
(9) Section 13-24 Temporary Food Service Establishments- a temporary permit would be
required if serving from a location other than a permitted establishment location. Temporary
event applications were due at least 2 working days prior to the event. On event day, all
requirements of the food booth would be in place before a temporary food permit would be
issued. Single use gloves would be worn over clean hands, barehanded contact with ready-to-eat
food would be prohibited and food handler cards would be required.
Council Member Gregory asked about a non-profit organization with a celebration serving food
to the public and whether in that situation, an application would be required.
Hansen stated it would depend on whether the food had to be kept fresh.
(10) Section 13-25 Farmer’s Market – proposed provisions included all animals would be in a
carrier or on a leash and kept at least 10 feet away from food booths. The requirements for food
booths at a Farmer’s Market would be the same as for temporary food service establishments per
the TFER, and requests for menu changes would be in writing and only permitted after approval
of a Consumer Health Officer. This did not apply to uncut fruits and vegetables.
Mayor Pro Tem Kamp stated that these provisions dealt with only the preparation of food.
Hansen stated correct.
Council Member Engelbrecht asked where in the process a baked good wrapped in an approved
kitchen would fall.
City of Denton City Council Minutes
April 3, 2012
Page 9
Hansen that it would be allowed if done in a permitted kitchen. However, if someone wanted to
make a baked good at home to sell for extra money, it would not be allowed.
(11) Section 13-29 Outdoor Bars – the provisions would only apply to established bars. Outdoor
bars would be held to the same requirements as an indoor kitchen. No potentially hazardous
food would be prepared outside. Doors from the established bar to the open patio would not be
left open without an air curtain, or screen door and vector control screening would be readily
available.
(12) Section 13-33 Expiration and renewal of permits – permits would become void unless the
applicable permit fee was received before the expiration date of the existing permit. A $35
administrative fee would be charged for renewal of health and beer/wine permits if not received
by the expiration date.
(13) Section 13-40 Report of Inspections – the proposed ordinance indicated that the inspection
score shall be posted by the Health Officer near the primary entrance of the establishment. The
posted inspection score would be a letter grade. Any food service establishment owner or
manager could request a re-inspection if a score was determined to be unacceptable.
Council discussed posting restaurant scores in windows of establishments with the general
consensus that the provision was not acceptable.
Council Member Gregory asked for an analysis of city's fees as opposed to the cost for
inspections to be sure an appropriate amount was being charged to cover the costs.
Mayor Pro Tem Kamp requested a side by side comparison of the Austin regulations with the
proposed Denton regulations.
Council Member Gregory suggested including Fort Worth and Dallas.
5.Receive a report, hold a discussion and give staff direction regarding the placement of
accessory structures in side and front yard setbacks.
Mark Cunningham, Director of Planning and Development, reviewed the background
information on the request by the Denton City County Day School. The school wanted to
construct a canopy over an existing concrete slab that was located at the northeast corner of the
property. This location was considered as the property’s side yard, and the proposed canopy was
considered an accessory structure. The Denton Development Code did not allow accessory
structures in front or side yards.
Council Member Watts stated that the definition of a side yard was based on the placement of the
structure.
Cunningham stated correct that it was based on the primary structure. Council options included
maintaining the existing provisions or revising the Code to allow accessory structures in side
and/or front yards with or without conditions.
City of Denton City Council Minutes
April 3, 2012
Page 10
Mayor Burroughs stated that there was no consideration for front yards at this time as this was
about side structures only.
Council Member Roden stated that a third option was a variance process.
Cunningham stated that a variance was not allowed in the case of a prohibition.
Mayor Burroughs suggest considering a variance procedure or specific use permit procedure for
the allowance of accessory structures for institutional uses.
Cunningham cautioned about restricting uses in various zoning categories.
Mayor Burroughs stated it would be an institutional use with a specific use permit.
Council Member Watts felt that some development process items had a clear need to be flexible
but the Code did not always allow that. There was also a need to look at the process when trying
to create potential flexibility at the staff level and not compromise standards.
Cunningham stated that staff would work on the suggestions from Council in terms of side yard
regulations for institutional uses.
Following the completion of the Work Session, the Council convened in a Closed Session at 6:18
p.m.
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1.Consult with City's attorneys regarding litigation strategy and the status of
litigation styled Jones v. City of Denton, Cause No. 2011-50255-367, currently
pending in the 367th District Court of Denton County.
This item was not considered in Closed Session.
Consultation, discussion and deliberation with City's attorneys regarding legal
2.
issues relating to Item #5 of the April 3, 2012 Work Session Agenda under both
existing and proposed or potential Denton Development Code regulations where
such discussion presents a conflict between the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas and the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code.
3.Consultation with the City's attorneys regarding legal issues associated with the
potential acquisition of certain real property interests located in the Francis
Batson Survey, Abstract No. 43, also known as Lot 1, Rayzor Ranch North, an
addition to the City of Denton, Texas, according to the plat recorded in Cabinet
Y, Page 740, Plat Records, Denton County, Texas, 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
City of Denton City Council Minutes
April 3, 2012
Page 11
legal position in any administrative proceeding or potential litigation.
Regular meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall.
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. National Community Development Week
Mayor Burroughs presented the proclamation for National Community Development Week.
2. Friends of the Denton Public Libraries Day
Mayor Burroughs presented the proclamation for Friends of the Denton Public Libraries Day,
3. Child Abuse Prevention Month and the Year of CASA
Mayor Burroughs presented the proclamation for Child Abuse Prevention Month and Year of
CASA.
3. CONSENT AGENDA
Council Member King motioned, Council Member Gregory seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote: Council Member King,
Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro
Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Approved the Noise Exception request listed below.
A. Consider a request for an exception to the Noise Ordinance for the purpose of performing
music during the 2012 Relay for Life to be held at the University of North Texas Fouts
Field beginning at 3:00 p.m. on Saturday April 21, 2012, until 6:00 a.m. on Sunday,
April 22, 2012. The request is for a variance in decibels, from 70 to 75 decibels, for an
outdoor concert and for amplified sound on Sunday until 6:00 a.m. Staff recommends
approving the request.
Resolution R2012-007
B. Consider approval of a resolution establishing Naming Policy Guidelines for City
Buildings, Facilities, Land, or any portion thereof; repealing Resolution No. R2007-035;
and declaring an effective date.
City of Denton City Council Minutes
April 3, 2012
Page 12
Approved the minutes listed below.
C. Consider approval of the minutes of:
February 14, 2012
February 21, 2012
February 22, 2012
March 5, 2012
March 6, 2012
Ordinance No. 2012-065
D. Consider adoption of an ordinance of the Council of the City of Denton, Texas accepting
a proposal and awarding a contract for a Utility Assistance Program for low-income
households to Interfaith Ministries in an amount not to exceed $85,000 annually;
providing for the expenditure of funds therefor; and providing an effective date. The
Public Utilities Board recommends approval (7-0).
Ordinance No. 2012-066
E. 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 4933-Adjusted Fiscal Year
1999 Electrical Energy Transmission Fees in the total amount of $645,941). The Public
Utilities Board recommends approval (7-0).
Ordinance No. 2012-067
F. Consider adoption of an ordinance rejecting any and all competitive bids for a contract
for Street Milling Services for the City of Denton; and providing an effective date. (Bid
4909-Two Year Contract for Street Milling Services).
Ordinance No. 2012-068
G. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City
Manager to execute a contract with the Denton Independent School District for the 2012
Summer Food Service Program; authorizing the expenditure of funds to administer the
program; and providing an effective date.
Ordinance No. 2012-069
H. 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 Creekwood Centre Denton, LLC and the
City, contemplating the (I) partial abandonment of that certain easement and right of
way, dated on or about July 30, 1927, from Mrs. S. A. Bayless, et al to the Texas Power
& Light Company, recorded in Volume 216, Page 231, Real Property Records, Denton
County, Texas, being further referenced in an assignment of easements, dated on or
about May 21, 1975, from Texas Power & Light Company to the City of Denton,
recorded in Volume 756, Page 669, Real Property Records, Denton County, Texas, as
more particularly described in the ordinance; and (II) partial abandonment of that certain
City of Denton City Council Minutes
April 3, 2012
Page 13
utility easement, dated on or about May 6, 1955, from J. A. McLeod, and wife Florence
McLeod to the City of Denton, Texas recorded in Volume 419, Page 25, Real Property
Records, Denton County, Texas, as more particularly described in the ordinance, and
affecting lands located in the A. Hill Survey, Abstract No. 623, Denton County, Texas
and particularly described as Lot 1, Block A of Denton Station, Phase One, an addition to
the City of Denton, Denton County, Texas according to the plat recorded in Cabinet Y,
Page 740, Plat Records, Denton County, Texas, and Lot 2, Block A of Denton Station,
Phase One, an addition to the City of Denton, Denton County, Texas, according to the
plat recorded in Cabinet W, Page 463, Plat Records, Denton County Texas and located
approximately within the 1400 block of Centre Place Drive, Denton, Texas upon the
terms and conditions provided in the Agreement; authorizing the City Manager to
execute an Abandonment and Release of Easements ("The Release"), upon the terms and
conditions provided by the Agreement; and declaring an effective date.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointment of board members for Tax Increment Financing Zone
Number One (Downtown TIF).
Linda Ratliff, Director of Economic Development, stated that seven members were appointed to
the Tax Increment Financing Zone Number One in February of last year. Members drew lots at
their first meeting to determine who would have one and two year terms. Three positions were
currently eligible for reappointment; Pete Kamp, Bob Moses and Marty Rivers. All had agreed
to serve another term.
Council Member Watts motioned, Council Member Roden seconded to approve the nominations
of Pete Kamp, Bob Moses and Marty Rivers. On roll call vote: Council Member King, Council
Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem
Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Resolution R2012-008
B. Consider approval of a resolution creating a special Citizens Bond Advisory
Committee for the proposed 2012 street bond election; establishing a charge for
the Committee; and declaring an effective date.
Bryan Langley, Chief Finance Officer, stated that he would be presenting Items B and C
together. He reviewed the reason for the formation of the Bond Committee and the need for the
bond program for street maintenance. The resolution would create the committee and establish
the charge of the committee. It would also charge the committee regarding the public art
provision for the bond issuance. Council had been provided a revised resolution regarding the
committee selecting a chair from either Marty Rivers or Tim Crouch.
Council Member Watts questioned if the charge for the art provision would be just for this
issuance of bonds.
Langley stated correct.
City of Denton City Council Minutes
April 3, 2012
Page 14
Council Member Gregory motioned, Council Member King seconded to approve the resolution
as amended. On roll call vote: Council Member King, Council Member Watts, Council Member
Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council
Member Roden – “aye”. Motion carried unanimously.
C. Consider appointments to the Citizen Advisory Committee for the proposed
2012 Bond Election.
Bryan Langley, Chief Finance Officer, stated that the Council had been provided a list of
committee appointments.
Council Member Watts appointed Jo Williams to the committee.
Council Member Roden questioned if someone had to leave the committee would there be a
substitute for that member or just have a vacancy.
Langley stated the committee would discuss that if the situation came up.
Council Member King motioned, Council Member Watts seconded to approve the appointments
with the addition of Ms. Williams. On roll call vote: Council Member King, Council Member
Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor
Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Ordinance No. 2012-070
D. Consider adoption of an ordinance considering all matters incident and related to
the issuance, sale and delivery of up to $49,325,000 in principal amount of "City
of Denton Certificates of Obligation, Series 2012" (including up to $4,900,000
for General Government activities, up to $6,070,000 for Solid Waste Fund
activities, and up to $38,355,000 for Electric, Water, and Wastewater Fund
activities); authorizing the issuance of the Certificates; delegating the authority
to certain City officials to execute certain documents relating to the sale of the
Certificates; approving and authorizing instruments and procedures relating to
said Certificates; and enacting other provisions relating to the subject.
Bryan Langley, Chief Finance Officer, presented information for Items D and E. He indicated
that on February 21, 2012, Council adopted Ordinance No. 2012-042 and 2012-043 directing the
publication of a Notice of Intention to issue Certificates of Obligation for General Government,
Solid Waste, Water, Wastewater, and Electric System projects. Staff was recommending the
selling of Certificates of Obligation instead of utility refunding bonds as it would save $2.5
million over the life of the debt.
Item 4E dealt with General Obligation Refunding and Improvement bonds. The funded items
represented the projects approved by the voters in the 2005 Bond Election and to refund existing
debt. This would provide significant savings over the life of the debt.
City of Denton City Council Minutes
April 3, 2012
Page 15
Staff was requesting a negotiated parameter sale. City staff would be authorized to execute the
sale without additional Council approval provided that the net effective interest rate on the bond
was less than 4%. Four underwriting firms had been selected to assist in the sale of the
securities. Exact pricing would be provided at a future meeting.
Mayor Burroughs noted that one item for the Certificates of Obligation was automated meter
reading. Council had a prior discussion regarding the automated readers and he questioned the
future capacity that would allow for the $2.5 million.
Phil Williams, General Manager-DME, stated that currently 10,000 meters had been replaced
and it would take the next year and a half to replace the rest of the meters.
Council Member Watts motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On
roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member
Roden – “aye”. Motion carried unanimously.
Ordinance No. 2012-071
E. Consider adoption of an ordinance considering all matters incident and related to
the issuance, sale and delivery of up to $42,000,000 in principal amount of "City
of Denton General Obligation Refunding and Improvement Bonds, Series 2012";
authorizing the issuance of the Bonds; delegating the authority to certain City
officials to execute certain documents relating to the sale of the Bonds;
approving and authorizing instruments and procedures relating to said Bonds;
and enacting other provisions relating to the subject.
This item was discussed with Item D.
Council Member King motioned, Council Member Roden seconded to adopt the ordinance. On
roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member
Roden – “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 City Elections (2nd Edition).
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
City of Denton City Council Minutes
April 3, 2012
Page 16
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 suggested a Work Session item regarding a dialog for a type of structure
for development issues for better efficiency in the development process and flexibility in the
process.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Mayor Burroughs noted that Council would be continuing 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 Closed Session items.
Council went into back into Closed Session at 7:32 p.m. to discuss the following:
B. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
1. Receive a briefing from staff, discuss, deliberate and provide staff with
direction regarding the established route for the Denton Municipal Electric
Northeast Denton Transmission Line Re-Build Project in the City of
Denton, Texas specifically running from the King's Row Substation to the
Denton North Interchange pertaining to the value, location, acquisition or
condemnation of tracts of real property situated in the D. Culp Survey,
Abstract No. 287; the J. Coltart Survey, Abstract No. 288; the H. Williams
Survey, Abstract No. 1417; the S. McCracken Survey, Abstract No. 817;
the V. Gailor Survey, Abstract No. 452; and the T. Toby Survey, Abstract
No. 1288; receive a consultation from the City's attorneys regarding the
same, 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 Rules
City of Denton City Council Minutes
April 3, 2012
Page 17
of Professional Conduct of the State Bar of Texas.
2. Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the M.E.P. & P.R.R. Co. Survey, Abstract No. 927,
Denton County, Texas, and located generally in the 300 Block of North
Mayhill Road, the 1000 Block South Mayhill Road, and the 1300 Block
South Mayhill Road, all within the City of Denton, Texas. Consultation
with the City's attorneys regarding legal issues associated with the
potential acquisition of the real property described above where a public
discussion of these legal matters would conflict with the duty of the City's
attorneys to the City of Denton and the Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas, or would jeopardize the City's legal position in any administrative
proceeding or potential litigation.
The Council went back into Open Session at 8:30 p.m. and with no further business the meeting
was adjourned.
_____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
April 10, 2012
After determining that a quorum was present, the City Council of the City of Denton, Texas
nd
.
convened in a 2 Tuesday Session on Tuesday, April 10, 2012 at 4:00 p.m in the City Council
Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Mayor Pro Tem Kamp, Council Member King, Council Member Roden, and
Council Member Watts.
ABSENT: None.
1.Receive a report, hold a discussion, and give staff direction regarding alternate plans for
the Joint Public Safety Training Facility.
Police Chief Lee Howell stated that they would be presenting a proposal for an alternative, more
affordable option for the Joint Public Safety Training Facility. This proposal would not
accommodate all the needs of the original concept of the Vintage training facility. This facility
was not intended to be a permanent solution or a substitution for the Vintage training facility but
this would fill a gap between today’s immediate needs and the timeframe to complete the
Vintage facility which realistically could be ten years out. He stated that staff had identified an
area on the east side of the current City Hall East for use as a training facility. The City already
owned the space and it would provide just over 20,000 square feet for a training facility.
Lieutenant Mike Beutner reviewed details of the original Joint Public Safety Training Facility.
The total cost was $14,281,485. The original design included a 21,000 sq. ft. administration
building, which included eight staff offices, four classrooms, a 100 seat lecture hall, a defensive
tactics room, and a physical fitness room. The facility would also include a firing range complex
and several multi-floor burn tower structures. Future plans included a swift water rescue training
area, an emergency vehicle operations course, and other similar hands-on training structures.
Beutner reviewed details of the alternative option. Staff had identified an area on the east side of
City Hall East to use as a training facility. He stated it would provide just over 20,000 square
feet that would include four classrooms, five offices, a meeting area, a break room, a law library,
a room for driving simulators, a defensive tactics room, a cardio/fitness room, a weight room, a
locker room with restrooms and shower facilities, and adequate storage space. Staff estimated
that approximately $1.6 million dollars would be required to design and finish out the unused
space. Staff had identified $500,000 from currently available CIP funding, and $1.0 million
dollars could be acquired through the issuance of Certificates of Obligation after October 1.
Beutner stated that prior to the decision to delay construction on the new training facility, the
Police Department had applied for and received three federal grants. The first grant was for
computers and audio/visual equipment in the amount of $344,960. The second grant was for
furniture and driving simulators in the amount of $500,000. The third grant was for a use of
force simulator, moveable wall system, and various training equipment in the amount of
$1,000,000. These grants were limited to the purchase or lease of law enforcement training
equipment. Each of these grants had a specific deadline and they could meet the specifications
of the grants with this facility.
Mayor Burroughs asked if this space was designated for any other use.
City Manager Campbell stated it was not.
City of Denton City Council Minutes
April 10, 2012
Page 2
Beutner stated that they had contacted the grant coordinators in Washington to find out if they
could still use the grants if nothing had changed except the site. The grant coordinators did not
think this would be a problem.
Beutner said that the Denton County Sheriff’s Office was about to undertake a renovation of
their pre-trial intake facility this summer. The renovation of the facility would result in the loss
of a large training room. While the Sheriff’s Office has long term plans to replace the lost
training space in the next several years, they would need a classroom and office space for their
training staff in the interim. The Sheriff’s Office had verbally committed to provide Texas Law
Enforcement Officer Standards and Education funds allocated to the Sheriff’s Office. Staff
would work out the details of the partnership with the Sheriff’s Office.
Council Member Roden asked if there were other partnerships that were worth pursuing, such as
the TWU police department or UNT police department or other cities where there might be a
potential revenue source from rental of the facility.
Chief Howell stated that revenue was always a possibility depending on the use of it. There
might be potential revenue through the training consortium which included Denton County,
Lewisville, UNT, The Colony, Coppell, Farmers Branch, Carrollton, Frisco, and Flower Mound.
They currently traded and rotated on instructors, classes and where the classes would be held.
Council Member Gregory asked if any of this funding was from the last bond election.
Chief Howell stated it was not.
Council Member Engelbrecht questioned whether there was enough parking to accommodate
100 plus vehicles.
Chief Howell stated that the parking lot at Hickory and Railroad had 70 parking spaces. There
were other spaces around the Police Department that were not dedicated parking spots. There
were additional spaces on the north side of the building.
General consensus of the Council was that it was a good plan and to move forward with this
alternative option.
With no further business, the meeting was adjourned at 4:40 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JANE RICHARDSON
ASST. CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
April 17, 2012
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, April 17, 2012 at 3:00 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, Mayor Burroughs, Council
Member Roden
ABSENT: None
1. Citizen Comments on Consent Agenda Items
There were no Citizen Comments on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for April 17, 2012.
Mayor Burroughs noted that there were substitute ordinances for Items D and I on the Consent
Agenda. Item I would be pulled for separate consideration.
City Attorney Burgess stated that Item D had a new ordinance due to added language from the
consultant. It would be discussed during the topic at the Work Session. Item I had a change in
the amount and reference to the relocation ordinance. The item was properly posted and Council
should be able to move forward with the corrected amount.
Council Member Roden noted that Consent Agenda Item P regarding the signage and the fact
that there was a sign with a date on it. He questioned if the date would be changed or the sign
updated.
Mark Nelson, Director of Transportation, stated that the sign would be updated and changed out.
Council Member Watts stated that minor changes were in Consent Agenda Item B and
questioned how the amount for the salaries for high skill paying jobs was determined.
Erica Sullivan, Economic Development Analyst, stated that staff pulled recent incentive salaries
from several companies to determine the amount.
Council Member Watts stated that his idea of a high paying job was not $37,000. A salary of
$37,000 per year for a single person was appropriate but not for a family. He felt it was a low
bar for a tax incentive when coupled with the term high paying job. He would rather leave that
out than consider that a definition of a high paying job.
Sullivan stated that the range was $31,000-$50,000 from the low to the high. The current
salaries were coming in lower than the 2.5 multiplier.
Mayor Burroughs asked what other cities did for criteria.
City of Denton City Council Minutes
April 17, 2012
Page 2
Sullivan stated that they did not spell out a dollar amount; it was just one of their subjective
determinations.
Council Member Watts felt that if that was going to be a policy it needed to be more open ended
and necessarily have that determination.
Mayor Burroughs noted that the item would be pulled for separate consideration.
3. Receive a funding recommendation report from the Community Development Advisory
Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a
discussion regarding the proposed 2012 Action Plan for Housing and Community
Development and give staff direction.
Barbara Ross, Community Development Administrator, stated the two committee chairs would
be presenting the committee recommendations to Council. There was a public hearing scheduled
for the regular meeting.
Gerard Hudspeth, Chair-Community Development Advisory Committee, presented the
committee recommendations. He indicated that there were a number of non-profit organizations
where the assistance had decreased somewhat with the allocated funds. He noted that Council
had been provided a list of projects funded for the past five years. He presented the
recommendations of the Committee for allocation of the funds.
Council Member Gregory questioned if the schools were not able to fund the entire request
would they be able to get additional funding or seek other funding.
Hudspeth stated they may have to reduce the scope of project but the Committee hoped the gap
would be closed with future funding.
Council Member Roden noted that the final vote was 5-3 for the budget and questioned why
three members did not approve the recommendations.
Hudspeth stated that each of the requestors had itemized their request from most to least
pressing. That was where the discussion came in and the difference in the vote.
Sheryl English, Chair-Human Services Advisory Committee, presented the committee
recommendations. She stated that need for human services in the City continued to grow. This
year some new non-profits had applied for funding with 17 total applications. She reviewed the
process for determining the priority of service needs.
Council Member Roden asked how Pedi Place, which was a Lewisville location and outside the
city limits, could be funded.
English stated that the Committee looked at the number of people from Denton going to the
Lewisville location.
City of Denton City Council Minutes
April 17, 2012
Page 3
Council Member Gregory asked about the budget process as CASA already had their fair share
amount approved.
English stated that was the child advocacy program.
4. Receive a report, hold a discussion and give staff direction regarding the establishment of
a program to provide relocation advisory services and relocation financial assistance to
eligible persons or parties affected by City of Denton, Texas, real property interest
acquisitions related to street, roadway, utility and/or other public works construction,
improvement or expansion projects, as required by Senate Bill 18 entitled an "Act
Relating to the Use of Eminent Domain Authority".
Paul Williamson, Real Estate Manager, stated that as a result of Senate Bill 18, the City was
required to provide relocation assistance in accordance with the Federal Uniform Relocation
Assistance and Real Property Acquisitions Policy Act. An element of the law required that the
City formally adopt rules relating to the administration of its relocation assistance program.
Matt Lance, HDR Engineering, provided details on the program. He indicated that Senate Bill
18 required all governmental entities and political subdivisions to participate in this program. He
reviewed the history of the Act of 1970, the purposes of the Uniform Act and the definition of a
displaced person. Required notices included a general information notice, notice of relocation
eligibility, a 90 day notice and a 30 day vacate note. The notice had to be written in plain
understandable language, must be translated if an individual could not read or understand the
language, must indicate a contact name and phone number plus must be personally delivered or
sent by certified mail, return receipt requested.
Entitlement Program - elements in this program included meeting eligibility requirements; would
be in addition to the proceeds of acquisition; reimbursement would be for actual, reasonable and
necessary expenses; and would have to spend to get.
Potential Residential Relocation Issues – these issues included non-decent, safe and sanitary
residences; low income households; poor credit issues; multifamily occupancy of the displaced
dwelling; large numbers of residents occupying displaced dwelling; disabled or special needs
occupants; and language and cultural barriers.
Basic entitlements of residential displacements – these services included advisory services,
monetary assistance which included moving expenses and replacement of housing payments.
Types of residential moving options included the actual cost of a commercial move, the actual
cost of a self move, a fixed room count schedule or a combination of types.
Replacement housing payments for owner-occupants of 180 days or more included price
differential, increased mortgage interest costs, incidental expenses for replacement housing or a
rental assistance option. A combined total of these amounts could not exceed $22,500.
Price Differential – this provision provided the displaced person with financial assistance to
purchase and occupy a comparable replacement dwelling and site without involuntarily incurring
additional financial expense. The price differential payment was the amount by which the cost
City of Denton City Council Minutes
April 17, 2012
Page 4
of a comparable replacement dwelling exceeded the acquisition cost of the displacement
dwelling.
Adjustments could be made for major exterior attributes such as swimming pools, greenhouses,
storage sheds, patios, decks, fences, or significantly smaller lots. There were also eligibility
provisions for 180 day owner/occupants. Provisions for increased mortgage interest costs
included reimbursement of increased mortgage costs if the interest rate on the new mortgage
exceeded the amount of the present mortgage. Incidental expenses for replacement housing were
also included in the provisions.
Rental assistance option – if the displaced owner elected to rent a replacement dwelling, he may
be eligible for a rental assistance payment not to exceed what he would have received under the
price differential option. Provisions for the rental assistance payment were reviewed along with
the provisions for down payment assistance.
Eligibility of 90-day occupants included the displaced person must have occupied the property to
be acquired for at least 90 days prior to the initiation of negotiations and the displaced person
must rent or purchase by a down payment and occupy a decent, safe and sanitary dwelling within
one year of the date of move from the acquired property and must file a claim for payment within
18 months of the date of the move.
Last resort housing methods included providing additional or alternative assistance under the
provisions of last resort housing. Any decision to provide last resort housing assistance must be
adequately justified.
Business displacements benefits included advisory services, monetary benefits in terms of actual
moving and related expenses, and the re-establishment expenses or a fixed payment. The types
of business move options included actual cost of the commercial move, a negotiated self-move,
actual cost of a self-move or a combination of types. Lance reviewed actual moving and related
expenses, ineligible moving expenses, re-establishment expenses and ineligible re-establishment
expenses. Fixed move expenses could not be less than $1,000 or more than $20,000; was based
on business yearly net average earnings for the two years prior to displacement and had to meet
certain eligibility requirements. Filing claims for relocation benefits included specific
requirements for time of filing, deductions from payments, and documentation. Lance reviewed
the tax status of relocation benefits, rights of appeal and helpful relocation web links.
Mayor Burroughs asked if there were any elements that could have local amendments attached.
Lance replied no.
Mayor Burroughs stated that as time went by, the City could look at unique circumstances and
look at possible future modifications. Right now the city was required to go by the minimums.
He questioned who the head of the agency was.
Williamson stated that the ordinance indicated that the city of Denton was the agency and the
head of agency was Howard Martin or any designee.
City of Denton City Council Minutes
April 17, 2012
Page 5
Mayor Pro Tem Kamp questioned at what point these expenses were considered in the budget
and where the funding would come from.
Williamson stated that any project working for schematics would have an effect on the base line
numbers and those numbers would affect the total project.
Council discussed hypothetical situations for residents and businesses and what the City might
be responsible for in terms of the provisions of the program.
Frank Payne, City Engineer, stated that these relocation expenses were unaccounted and
unanticipated expenditures. Staff was working with the consultant in designing costs for
relocation expenditures. The City might have to become creative in bidding the project or the
final attributes of the project.
Council Member Roden questioned if the City offered relocation services before for this program
and what the policy guidance was before.
Williamson stated that prior to this program; the City got appraisals and went into contract terms
with the individuals. There was always the spirit of the relocation process but now there would
be a formal process to follow.
Council discussed any potential local options and how the program was a standard set of
regulations so everyone was treated the same.
Following the completion of the Work Session, the Council convened into a Closed Session to
discuss the following:
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1.Consult with City's attorneys regarding litigation strategy and the status of
litigation styled Jones v. City of Denton, Cause No. 2011-50255-367,
currently pending in the 367th District Court of Denton County.
2.Receive a briefing from the City's attorneys regarding an offer of
settlement received from the Texas Commission on Environmental
Quality, regarding Docket No. 2012-0092 MLM-E, Enforcement Case
43278 regarding the spill incident at the Lake Ray Roberts Water
Treatment Plant facility; and discuss, deliberate and provide the City's
attorneys with direction and 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.
City of Denton City Council Minutes
April 17, 2012
Page 6
B.Deliberations Regarding Real Property - Under Texas Government Code, Section
551.072; Consultation with Attorneys - Under Texas Government Code, Section
551.071.
1.Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the M.E.P. & P. Railroad Survey, Abstract No. 1473,
M.E.P. & P.R.R. Survey, Abstract Number 1475, and the R.B.
Longbottom Survey, Abstract Number 775, Denton County, Texas, and
located generally in the 2500 block of McKinney Street, along the north
line of Paisley Street, east of Pace Drive, and along the south line of
Virginia Circle, just south of University Drive, all within the City of
Denton, Texas. Consultation with the City's attorneys regarding legal
issues associated with the potential acquisition of the real property
described above where a public discussion of these legal matters would
conflict with the duty of the City's attorneys to the City of Denton and the
Denton City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas, or would jeopardize the City's legal
position in any administrative proceeding or potential litigation.
C.Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code, Section 551.086; and Consultation with
Attorneys - Under Texas Government Code, Section 551.071.
1.Receive a briefing and presentation from staff, discuss and deliberate
regarding public power competitive and financial matters pertaining to
available power purchase alternatives and generation resources concerning
the City of Denton/Denton Municipal Electric; consult with the City's
attorneys regarding legal issues involved in said briefing and
presentation, 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.
The Council convened into a Regular Meeting at 6:30 p.m. in the Council Chambers of City
Hall.
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
April 17, 2012
Page 7
1. Denton Redbud Festival Day
Mayor Burroughs presented the proclamation for Denton Redbud Festival.
2. Presentation of Tree City USA Re-Certification
Courtney Blevens presented a Tree City USA re-certification to the city of Denton.
3. CONSENT AGENDA
Mayor Burroughs noted that Items 3B and 3I would be pulled for separate consideration and
there was an alternate ordinance for 3D for consideration.
Council Member King motioned, Council Member Watts seconded to approve the Consent
Agenda with the substitute ordinance for Item D and with the exception of Item B and I. On roll
call vote: Council Member King, Council Member Watts, Council Member Gregory, Council
Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden –
“aye”. Motion carried unanimously.
Approved the Noise Ordinance request listed below.
A.Consider a request for an exception to the Noise Ordinance for the purpose of the fifth
Annual Beanstock Music Festival, sponsored by Cool Bean's Bar and Grill. The event
will be held at Cool Beans Bar and Grill located at 1210 W. Hickory Street on Saturday,
April 21, 2012, beginning at noon and concluding at 1:00 a.m. The exception is
requested for extension of the hours of operation for amplified sound. Staff recommends
approving the requested exception to the noise ordinance.
Ordinance No. 2012-072
C.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
execution of a Second Amendment to Right of Entry and possession, by and between the
City of Denton ("City") and the Denton County Transportation Authority ("DCTA"),
amending that certain right of entry and possession, between the City and DCTA, dated
May 3, 2011, granting DCTA access to the Downtown Denton Transit Center ("DDTC")
and certain lands surrounding the DDTC, located in the Hiram Sisco Survey, Abstract
Number 1184, to conduct public transportation related operations; and providing an
effective date.
Ordinance No. 2012-073
D.Consider adoption of an ordinance establishing a program to provide relocation advisory
services and relocation financial assistance to eligible persons or parties affected by City
of Denton, Texas real property interest acquisitions related to street, roadway, utility
and/or other public works construction, improvement or expansion projects (a "project");
authorizing the expenditure of funds therefor; and providing an effective date.
City of Denton City Council Minutes
April 17, 2012
Page 8
Ordinance No. 2012-074
E.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 0.424 acre tract; and (II) a temporary construction, grading and
access easement, encumbering a 0.241 acre tract, all tracts located in the M.E.P. &
P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as
more particularly described on Exhibit "A", attached to the ordinance, located generally
in the 300 block of North Mayhill Road (the "Property Interests"), for the public use of
expanding and improving Mayhill Road, a municipal street and roadway, authorizing the
City Manager or his designee to make an offer to George A. Calhoun and wife, Jannet D.
Calhoun to purchase the Property Interests for the purchase price of Eighty Three
Thousand One Hundred Eighty Two Dollars and No Cents ($83,182.00), and other
consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and
made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and
providing an effective date. (Mayhill Road Widening and Improvements project)
Ordinance No. 2012-075
F.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 0.406 acre tract; and (II) a temporary construction, grading and
access easement, encumbering a 0.235 acre tract, all tracts located in the M.E.P. &
P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as
more particularly described on Exhibit "A", attached to the ordinance, located generally
in the 300 block of North Mayhill Road (the "Property Interests"), for the public use of
expanding and improving Mayhill Road, a municipal street and roadway; authorizing the
City Manager or his designee to make an offer to Charles David Nelson and wife, Janet
L. Nelson to purchase the Property Interests for the purchase price of Eighty Four
Thousand Three Hundred Ninety Nine Dollars and No Cents ($84,399.00), and other
consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and
made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and
providing an effective date. (Mayhill Road Widening and Improvements project)
Ordinance No. 2012-076
G.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 0.215 acre tract; and (II) a temporary construction, grading and
access easement, encumbering a 0.195 acre tract, all tracts located in the M.E.P. &
P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as
more particularly described on Exhibit "A", attached to the ordinance, located generally
in the 1000 block of South Mayhill Road (the "Property Interests"), for the public use of
expanding and improving Mayhill Road, a municipal street and roadway; authorizing the
City Manager or his designee to make an offer to Carl Kenneth Clay to purchase the
Property Interests for the purchase price of Sixty Eight Thousand Four Hundred Sixty
One Dollars and No Cents ($68,461.00), and other consideration, as prescribed in the
Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit
"B"; authorizing the expenditure of funds therefor; and providing an effective date.
(Mayhill Road Widening and Improvements project)
City of Denton City Council Minutes
April 17, 2012
Page 9
Ordinance No. 2012-077
H.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.996 acre tract in the M.E.P. & P.R.R. CO. Survey, Abstract
Number 927, City of Denton, Denton County, Texas, as more particularly described on
Exhibit "A", attached to the ordinance, located generally in the 1300 block of South
Mayhill Road (the "Property Interests"), for the public use of expanding and improving
Mayhill Road, a municipal street and roadway; authorizing the City Manager or his
designee to make an offer to Lee Ann Phillips to purchase the Property Interests for the
purchase price of Ninety Five Thousand Dollars and No Cents ($95,000.00), as
prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as
Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective
date. (Mayhill Road Widening and Improvements project)
Ordinance No. 2012-079
J.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire an easement encumbering an approximate 0.911 acre tract located in the M.E.P.
& P.R.R. Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as
more particularly described on Exhibit "A", attached to the ordinance, located generally
in the 2500 block of McKinney Street (the "Property Interests"), for the public use of
expanding and improving the Denton Municipal Electric distribution and transmission
system; authorizing the City Manager or his designee to make an offer to Gary Dennis
Dillard to purchase the Property Interests for the purchase price of One Hundred Thirty
Two Thousand Nine Hundred Eighty Three Dollars and No Cents ($132,983.00), and
other consideration, as prescribed in the Easement Purchase Agreement, as attached to
the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-080
K.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 0.2431 acre tract located in the M.E.P. & P.
Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known
as Lot 20, Block A, of Bellaire Crossing, according to the plat thereof recorded in
Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the
north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public
use of expanding and improving the Denton Municipal Electric distribution and
transmission system; authorizing the City Manager or his designee to make an offer to
Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase
price of Thirty One Thousand Seven Hundred Seventy Three Dollars and No Cents
($31,773.00), and other consideration, as prescribed in the Contract of Sale, as attached
to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
City of Denton City Council Minutes
April 17, 2012
Page 10
Ordinance No. 2012-081
L.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 0.2135 acre tract located in the M.E.P. & P.
Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known
as Lot 21, Block A, of Bellaire Crossing, according to the plat thereof recorded in
Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the
north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public
use of expanding and improving the Denton Municipal Electric distribution and
transmission system; authorizing the City Manager or his designee to make an offer to
Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase
price of Thirty Thousand Two Hundred Twenty Eight Dollars and No Cents
($30,228.00), and other consideration, as prescribed in the Contract of Sale, as attached
to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-082
M.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 0.1905 acre tract located in the M.E.P. & P.
Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas known
as Lot 22, Block A, of Bellaire Crossing, according to the plat thereof recorded in
Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the
north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public
use of expanding and improving the Denton Municipal Electric distribution and
transmission system; authorizing the City Manager or his designee to make an offer to
Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase
price of Twenty Six Thousand Nine Hundred Sixty Nine Dollars and No Cents
($26,969.00), and other consideration, as prescribed in the Contract of Sale, as attached
to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-083
N.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 0.2025 acre tract located in the M.E.P. & P.
Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known
as Lot 25, Block A, of Bellaire Crossing, according to the Amending Plat thereof
recorded in Cabinet X, Page 111, Plat Records, Denton County, Texas, located generally
along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the
public use of expanding and improving the Denton Municipal Electric distribution and
transmission system; authorizing the City Manager or his designee to make an offer to
Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase
price of Twenty Eight Thousand Six Hundred Seventy Two Dollars and No Cents
($28,672.00), and other consideration, as prescribed in the Contract of Sale, as attached
to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
City of Denton City Council Minutes
April 17, 2012
Page 11
Ordinance No. 2012-084
O.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 1.91 acre tract located in the R.B. Longbottom
Survey, Abstract Number 775, City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to the ordinance, located generally along
the south line of Virginia Circle, just south of University Drive (the "Property Interests"),
for the public use of expanding and improving the Denton Municipal Electric distribution
and transmission system; authorizing the City Manager or his designee to make an offer
to C.S. Residential, Inc. to purchase the Property Interests for the purchase price of Two
Hundred Twenty Eight Thousand Six Hundred Fifty Two Dollars and No Cents
($228,652.00), and other consideration, as prescribed in the Contract of Sale, as attached
to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-085
P.Consider adoption of an ordinance accepting competitive bids and awarding a public
works contract for the construction of the Hickory Street Sidewalk and Enhancements
Project for the Downtown area; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4800-awarded to the lowest responsible bidder meeting
specification, 2L Construction LLC, in the amount of $404,269.15).
Resolution R2012-010
Q.Consider approval of a resolution allowing Metzler's Food & Beverage, Inc. to be the
sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on
May 5, 2012, upon certain conditions; authorizing the City Manager or his designee to
execute an agreement in conformity with this resolution; and providing for an effective
date. Parks, Recreation and Beautification Board recommend approval with a vote of 6-0.
Staff recommends approval of the request.
Council considered Item B.
Resolution No. R2012-009
B. Consider approval of a resolution of the City Council of the City of Denton, Texas,
replacing a Policy for Tax Abatement for the City of Denton to establish guidelines and
criteria governing Tax Abatement Agreements; and declaring an effective date. The
Economic Development Partnership Board recommends approval (5-0).
Council Member Watts stated that the criteria in the current policy for the abatement were 2 1/2
times the Federal minimum wage for the State of Texas.
Erica Sullivan, Economic Development Analyst, stated that was correct.
Council Member Watts asked if prior tax abatements looked for this figure.
Sullivan stated that the figure would be $31,000 - $50,000.
City of Denton City Council Minutes
April 17, 2012
Page 12
Council Member Watts questioned if the Economic Development Partnership Board had seen the
new language.
Sullivan stated that only the two members who sit on the Council saw the change.
Council Member Watts felt there was a large difference in the salary range and was not sure
there was a need for that particular criteria in the policy as it would be on a case by case basis.
He recommended removing the high skill, high paying jobs wording from the policy.
Mayor Burroughs clarified that the recommendation was to remove the definition of high paying
job.
Council Member Watts replied correct.
Mayor Burroughs felt that the concept of having a higher paying job was an important
consideration although the dollar amount was not. He agreed with the aspect of the amount but
the concept was important and that over time the amount would change. He felt deleting the
definition would be appropriate or to leave the wording in for a high paying job with subjectivity
on what that was.
Council Member Watts motioned, Council Member King seconded to approve the resolution
with an amendment to remove the minimum wage wording. On roll call vote: Council Member
King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor
Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried
unanimously.
Item I was considered.
Ordinance No. 2012-078
I. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 0.286 acre tract located in the M.E.P. & P.R.R.
Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to the ordinance, located generally in the
2500 block of McKinney Street (the "Property Interests"), for the public use of
expanding and improving the Denton Municipal Electric distribution and transmission
system; authorizing the City Manager or his designee to make an offer to Bobbie R.
Mitchell and wife, Corine Mitchell to purchase the Property Interests for the purchase
price of Sixty Eight Thousand One Hundred Ninety Five Dollars and No Cents
($68,195.00), and other consideration, as prescribed in the Contract of Sale, as attached
to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; and providing an effective date. (69kV Transmission Line Re-build
Project). The Public Utilities Board recommends approval (5-0).
City Attorney Burgess stated that an amended ordinance had been provided to Council revising
the language to tie it back to the relocation ordinance. There also was a change in the amount of
the purchase from what was listed on the agenda. It should read $69,631.00. The ordinance
City of Denton City Council Minutes
April 17, 2012
Page 13
listed the correct amount. Any motion should include approval of the substitute ordinance with
the amended language.
Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the substitute
ordinance with the amended language. On roll call vote: Council Member King, Council
Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem
Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Mayor Burroughs left the meeting.
4. PUBLIC HEARINGS
A. Hold a public hearing inviting citizens to comment on the City of Denton's 2012
Action Plan for Housing and Community Development.
Barbara Ross, Community Development Administrator, stated that this was the annual public
hearing to invite citizen comments on 2012-13 Action Plan.
The Mayor Pro Tem opened the public hearing.
Comment Cards were submitted by the following individuals:
Zarian Presley-Boone, 601 Crescent, Denton, 76201 – requested sidewalks on Crescent
Rebecca Appling, 1410 Manten, Denton, 76208 - support
Andrea Schreiber, 308 Marietta, Denton, 76201 – requested sidewalks on Crescent
David Kaplan, 308 Marietta, Denton, 76201 – requested sidewalks on Crescent
Wendy McGee spoke in support of El Paseo Street.
Rebecca Appling spoke in support of the funding.
The Mayor Pro Tem closed the public hearing.
No action was required by Council at this time.
Ordinance No. 2012-086
B. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, adopting Standards of Care for Youth/Teen Programs administered by
Denton's Parks and Recreation Department pursuant to Texas Human Resources
Code Section 42.041 (b)(14); and providing an effective date. The Parks,
Recreation and Beautification Board recommends approval (6-0).
Kathy Schaeffer, Program Area Manager, stated that these were the operating procedures for
their summer programs. The Standards had to either meet or exceed the current State Day Care
requirements and were intended to be minimum standards by which the city of Denton Parks and
Recreation Department operated the city’s Youth/Teen programs. The programs operated by the
City of Denton City Council Minutes
April 17, 2012
Page 14
City under the Standards of Care were recreational in nature and were not day care programs.
Changes made since October 2010 included adding a Recreation Specialist position, training
specifics for the staff, booster seat regulations and removed the parent guide from the standards
as they were different at each recreation center due to different emergency exits at the different
centers.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
Council Member Watts motioned, Council Member Engelbrecht seconded to adopt the
ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member
Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”.
Motion carried unanimously.
C. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a zoning change from a Neighborhood Residential
3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-
12) zoning district classification and use designation subject to a restrictive
overlay on approximately 3.3 acres. The property is located east of Bell
Avenue, approximately 500 feet north of the northeast intersection of Sherman
Drive and Bell Avenue and is approximately 185 feet south of Sunrise Cove
within the City of Denton, Denton County, Texas; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, severability and an
effective date. (Z11-0026) The Planning and Zoning Commission recommends
approval (7-0).
Mayor Pro Tem Kamp reviewed the procedures for public hearings.
Mark Cunningham, Director of Planning and Development, stated that the applicant proposed to
rezone the property from Neighborhood Residential 3 to Neighborhood Residential Mixed Use
12 with the intent to rehabilitate the existing structures and allow for Assisted Living, a form of
Elderly Housing per Subchapter 23 of the Development Code. He reviewed the zoning
surrounding the property and indicated that the applicant was requesting to rezone the site to be
consistent with the property to the south. Staff and the Planning and Zoning Commission
recommended approval of the rezoning with a restrictive overlay. The NR-3 zoning did not
allow elderly housing thus the need for the NRMU-12 zoning district.
The Mayor Pro Tem opened the public hearing.
Larry Reichhart spoke for the applicant. He indicated that the developers sought to redevelop the
property for assisted living uses. NRMU-12 was the lowest zoning that allowed for assisted
living. The zoning overlay would allow them to rehabilitate the building with no problems.
Council Member Roden asked about communications with the neighbors.
City of Denton City Council Minutes
April 17, 2012
Page 15
Reichhart indicated that a neighborhood meeting had been held at North Lakes Recreation
Center and was attended by 12-15 people. The main issue with the majority of those who
attended was with the historic value of the building. His research had found that the building
was not an O’Neill Ford building. Another concern expressed was about the commercial use of
the property but he indicated that it was not going to be developed in that category.
Council Member King stated that the intent was to put something similar to what had been there
before.
Reichhart replied correct.
Council Member Engelbrecht asked if the architect was one from the O’Neill Ford firm.
Reichhart stated that the architect was Art Swank. The previous director of the facility had
communication with that architect. There was no direct documentation from O’Neill Ford.
Council Member Gregory questioned the use chart which was being displayed as being different
than what was in the backup.
Cunningham stated that the chart was reflected in the wording of the ordinance. The chart in the
backup showed the existing ordinance while the one on display reflected the recommendation
from the Planning and Zoning Commission.
Council Member Watts stated that the applicant asking to allow elderly housing with some of the
other changes.
Cunningham stated that the neighborhood community did not want to see high intensity
development in the neighborhood. The Planning and Zoning Commission’s recommendation
allowed elderly housing and those uses otherwise allowed would be modified by a specific use
permit.
Council Member Watts stated that these types of circumstances had happened before where there
was rezoning with specific intentions. In this case elderly housing could not be done in NR-3.
He questioned why the option would be given to come back with other uses in the future via a
specific use permit and felt that other uses should be restricted. He also noted that questions had
been raised regarding the credibility of statements of who owns the property and what they were
going to do with it.
Cunningham stated that those uses were already permitted in that zoning district so it was felt
that there was no harm to keep those in.
Council Member Roden asked Reichhart to clarify his position regarding the decision by the
Planning and Zoning Commission in terms of the use of the overlay.
Reichhart indicated he was not opposed to the overlay.
City of Denton City Council Minutes
April 17, 2012
Page 16
Council Member Roden stated that the developer’s website was advertising the sale of the
property.
Reichhart indicated that was a condition of lender who was going to foreclose on the property.
The agreement not to foreclose included a condition that the property would be for sale if the
rezoning did not go through.
Council Member Watts stated that with the overlay the applicant had the right to tear down the
building and rebuild. Major renovations could change the current status of the building.
Reichhart stated that was correct.
The following individuals spoke during the public hearing:
Steven Ambuehl, 2007 N. Bell, Denton, 76209 - opposed
Gary Hayden, 2106 North Bell, Denton, 76209 - opposed
DiAnna Hynds, 504 Sunrise, Denton, 76209 - opposed
Deborah Conte, 2106 N. Bell, Denton, 76209 - opposed
Comment cards were received from the following individuals:
Richard Smith, 1920 N. Bell, Denton, 76209 - opposed
Victoria Hodge, 1823 N. Bell, Denton, 76209 - opposed
Brandt Davis, 1902 N. Bell, Denton, 76209 - opposed
Brian Wheeler, 1823 N. Bell, Denton, 76209 - opposed
Mr. Reichhart was allowed a rebuttal. He indicated that other zoning uses that would be allowed
based on the overlay included agriculture, single-family, community homes for the disabled,
home occupations, outdoor recreation, parks, churches and elderly housing. The developer’s
website was only four months old and they just finished a business plan. Staff had examples of
the construction plans and O’Neill Ford being copied on two memos, but this was not an O’Neill
Ford structure. The interior of the building needed a lot of work especially if the intent was to
preserve the structure.
Council Member Roden asked about the process for a historical structure.
Cunningham stated that the State and Federal mark was 50 years but that there was no policy in
Denton. Denton followed the State and Federal limits.
Council Member Roden stated that a historical designation could be done without the property
being 50 years old.
Cunningham stated correct.
Council Member Roden asked who could request that designation.
City of Denton City Council Minutes
April 17, 2012
Page 17
Cunningham stated that the property owner could request it or there could be a comprehensive
plan amendment.
Council Member Roden asked if the owner of the property thought about turning the building
into a historic landmark.
Reichhart stated that they had not discussed that but probably would not want to do that as it
might hinder redevelopment.
Mayor Pro Tem Kamp stated that a concern of the neighbors was a possible multifamily use of
the property.
Cunningham stated multifamily was not permitted.
Council Member Gregory asked if someone could apply for a historical marker without the
owner's permission.
Cunningham stated that if a request were made, it would go through the process and the property
owner notified. If he did not respond, the designation might be made.
Council Member Gregory stated that the designation would restrict what could be done to the
property.
Cunningham replied correct.
Council Member Gregory questioned if a zoning change could be requested by someone not
owning the property.
Cunningham stated that the City Manager could authorize a rezoning request.
Reichhart questioned that if the building was not an O’Neill Ford building, what was its historic
significance.
Council Member Watts stated that the developer probably wanted the freedom to do whatever he
wanted with the building. He felt that the developer was not going to leave the building as it was
but probably tear it down and redo the site. He stated that NRMU-12 with an overlay restriction
to elderly care did not have restrictions of preservation. He asked if representatives of the
owners were present at the meeting.
Reichhart replied no.
Council Member Watts stated that given the concerns expressed by the neighbors and the nature
of the conflict, he was surprised that they were not present. He questioned why the process did
not go to the Zoning Board of Adjustment for a reinstatement of the variance.
City of Denton City Council Minutes
April 17, 2012
Page 18
Reichhart stated that the property would then again become a non-conforming use which could
be lost again in the future. The zoning could not be changed. The re-establishing of the non-
conforming use was a concern with lenders.
Council Member Watts stated that at the original Planning and Zoning Commission meeting, the
motion was to deny with a 3-3 tie vote. That motion failed. The backup materials indicated that
the original zoning was NR-3 with a specific use permit for elderly care and that when the
facility closed and was vacant for a long time, that zoning designation was lost.
Cunningham stated that there was never a specific use permit for the property.
Mayor Pro Tem Kamp stated the property was a nonconforming use and not a specific use
permit.
Council Member Watts stated that an alternative method would be to go to the Zoning Board of
Adjustment to ask for an elderly variance.
Cunningham stated that a request could be made for the non-conforming use to continue.
Council Member Roden asked if Council could go through the list of permitted uses and remove
those with a “SUP” and replace with an “N”.
Cunningham stated correct.
Council Member Roden asked if that could be done even with the gas well category.
City Attorney Burgess stated staff would have to research that as it was not known at this time
about the mineral rights on the property.
Council Member Roden suggested having the Historic Landmark Commission investigate the
issue regarding a historic designation and request that they plan for a future agenda to deal with
this question.
Council Member King stated that a solution would be to remove the specific use permit uses,
restrict the square footage to 5500 square feet, restrict the use to elderly care and protect the
neighborhood similar to what was there.
City Attorney Burgess followed up on a previous question by Council Member Roden regarding
the restriction of a gas well. A specific use permit was allowed for gas wells in NR-3 and would
continue in NRMU-12.
Council Member Engelbrecht asked if the protection of the building could be added to the
overlay.
Aaron Leal, Deputy City Attorney, stated that could not be done as rezoning regulated the uses
and did not look at structures.
City of Denton City Council Minutes
April 17, 2012
Page 19
Council Member Engelbrecht stated that zoning was for the land and that the Denton
Development Code would have to be amended to address the structures or improvements to the
property.
Mayor Pro Tem Kamp closed the public hearing.
Council Member Watts stated that the desire was to potentially preserve the building if it was of
historic significance to the City and if not an O’Neill Ford building, he would not oppose the
removal of the building. If the building was not an O’Neill Ford building, it would be hard to
deny the developer an opportunity to develop the property. If it was an O’Neill Ford building, he
felt it should be preserved. He was in favor of postponing consideration to allow the Historic
Landmark Commission investigate the issue and return to Council with a recommendation.
Council Member Engelbrecht stated that there would be limitations on the structure under a
historic designation because every structure was unique and if Council moved in that direction,
he would be concerned about the interior of the structure as the inside was not up to standards.
He suggested a report by the Historic Landmark Commission on what could be done with the
building so as to be economically viable.
Council Member Roden stated that the historic designation was only on the exterior of the
building and not the interior of the building.
Council Member King stated that with a historic designation, the developer might abandon the
project and the building would remain empty. If the zoning were restricted too much it might not
be possible to develop the property.
Reichhart suggested a condition that the developer would not alter the street facing facade
without City Council approval or without the designation that it was not a historical building.
Go through the process with the Historic Landmark Commission and if the building was not
deemed historic, the developer could do what he wanted with the building. If it was deemed
historic, the front facade would be maintained unless the developer came to Council for
approval.
Mayor Pro Tem Kamp questioned if it would be better for Council to give staff time to do
research regarding the possible historic nature of the building or to craft that in language for a
motion.
City Attorney Burgess stated that Council could word a motion to give staff time to clarify the
issue on the historic nature of the building and whether to send the item to the Historic Landmark
Commission.
Council Member Engelbrecht stated that he would prefer to have Legal look at the issue rather
than trying to draft wording for a motion on the spot.
Council Member King motioned to approve the ordinance with an amendment to remove the
specific use permit listing in the overlay, to maintain the façade of the building unless it was
proven that it was not an O’Neill Ford building in a presentation at a City Council meeting.
City of Denton City Council Minutes
April 17, 2012
Page 20
Motion died for lack of a second.
Council Member Roden suggested postponing consideration until the Historic Landmark
Commission was able to investigate the question of the historic nature of the building in
conjunction with staff.
City Attorney Burgess suggested a motion wording could be “completion of a study by the
Historic Landmark Commission on the historic nature of the building and the information
presented to the Council”.
Council Member Roden motioned to postpone consideration until the completion of an event but
th
no later than June 19 with the Historic Landmark Commission investigating the historic nature
of the property.
Motion died for lack of a second.
Council Member Gregory suggested postponing the item in order to craft correct wording on the
deletion of the specific use permits and staff researching the architectural source of the structure
rather than going to the Historic Landmark Commission.
Council Member King stated that he was in agreement with Council Member Gregory’s
th
comments. He felt a motion could be to postpone consideration until the May 15 meeting for
staff to rework the wording, to remove the specific use permits for permitted uses and have staff
determine the architectural source of the building.
Council Member Watts stated that the Historic Landmark Commission could call a special
meeting to take a look at this issue but there was a need to move forward as soon as possible.
Council Member Engelbrecht questioned who would be the staff point of contact to do the
analysis.
Acting City Manager Martin stated that Mark Cunningham would be the point of contact.
Council Member Roden stated that even though the item would not be a public hearing,
interested citizens could still speak on the issue under Items for Individual Consideration.
Council Member King motioned, Council Member Gregory seconded to postpone consideration
th
until the May 15 meeting for staff to rework the wording to remove the specific use permits for
permitted uses and have staff determine the architectural source of the building. On roll call
vote: Council Member King, Council Member Watts, Council Member Gregory, Council
Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion carried
unanimously.
Ordinance No. 2012-087
D. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving a 2,725 acre Detailed Plan to amend Ordinance 2011-
City of Denton City Council Minutes
April 17, 2012
Page 21
124 to allow signs within the Robson Ranch Planned Development District (PD-
173). The subject site is located north of Crawford Road, south of H. Lively
Road, east of Florence Road, and west of Hunter Ranch Master Planned
Community (AMPC10-0001); and providing for a penalty in the maximum
amount of $2,000.00 for violations, thereof, severability and an effective date.
(PDA11-0003) The Planning and Zoning Commission recommends approval
(7-0).
Mark Cunningham, Director of Planning and Development, stated that the applicant was
requesting to amend Ordinance No. 2011-124 to add a detailed signage plan. The detailed
signage plan would include such signs as monument sign and directional signs. Approval of the
plan would allow the City to issue building permits for the signs; nine of which had already been
constructed. The Development Review Committee and the Planning and Zoning Commission
had recommended approval with conditions. Those conditions included all original conditions of
approval and subsequent modifications associated with PD 173 would remain valid, unless
specified herein, and to the extent not shown on the Detailed Signage Plan, the City Codes would
govern; and the Detailed Signage Plan as submitted would guide the development of the signs
within the PD.
The Mayor Pro Tem opened the public hearing.
Carson Carter, representing the applicant, spoke in favor.
The Mayor Pro Tem closed the public hearing.
Council Member Roden questioned the boundaries for the public notification.
Cunningham stated that it was the entire planned development.
Council Member Roden questioned how only 39 public notices were sent out and how the 200
foot notice determination was made.
Council Member Gregory stated that the backup showed a map of the entire subdivision and with
different types of signs and many homes where the signs would be located.
Council Member Watts questioned if this was a sign district or each individual sign. If it was a
sign district, then the rules would be for the entire development.
Cunningham stated that the sign district applied to all of the acreage and not each individual sign
location.
Aaron Leal, Deputy City Attorney, stated that the notification would be within 200 feet of the
perimeter of the property so notifications would go to locations outside the development.
Council Member Engelbrecht motioned, Council Member King seconded to adopt the ordinance.
On roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
City of Denton City Council Minutes
April 17, 2012
Page 22
Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion
carried unanimously.
Ordinance No. 2012-088
E. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for an initial zoning district and use classification of
Community Mixed Use General (CM-G) and Neighborhood Residential Mixed
Use 12 (NRMU-12) on approximately 33.1 acres of land and the rezoning of
approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6)
zoning district and use classification to a NRMU-12 zoning district and use
classification; located at the southeast corner of McKinney Street and Mayhill
Road; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof, severability and an effective date. (Z11-0025) The Planning
and Zoning Commission recommends approval (5-1).
Mark Cunningham, Director of Planning and Development, stated that the subject property
included approximately 40 acres. Approximately 10.6 acres were comprised of three zoning
districts (CM-G, NRMU-12 and RD-5) and the remaining 28.1 acres were Rural District 5. The
applicant was requesting an initial zoning district of Community Mixed Use General and
Neighborhood Residential Mixed Use 12 on approximately 33.1 acres of land and the rezoning
of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district to a
NRMU-12 zoning district. The request was in compliance with the future land use for the
property. Staff and the Planning and Zoning Commission recommend approval of the request.
Mayor Pro Tem Kamp opened the public hearing.
The following individuals spoke during the public hearing:
Larry Reichhart, representing the applicant, spoke in favor.
Jimmy Wagner, 298 Carpenter Road, Denton, 76209 - opposed due to the traffic situation
JC Hughes, 5300 E McKinney, Denton, 76208-opposed to multi-family
Darrell Hayslip, 5300 E. McKinney, Denton, 76208 – opposed to multi-family
Mr. Reichhart was allowed a five minute rebuttal. He indicated that any type of multi-family
would have to be part of the master plan or a specific use permit so the neighborhood would be
protected against multi-family. Multi-family could be restricted if Council desired. In terms of
traffic, the developer would have to do an impact analysis. It was felt that non-residential uses
would be better for the area than residential. They did not have a neighborhood meeting but sent
letters to property owners within 500 feet to have an individual meeting or respond via email.
He had received no responses.
Council Member Watts questioned if Reichhart would oppose to restricting multi-family or a
straight specific use permit for multi-family.
Reichhart indicated that he would be ok with a restriction on multi-family.
City of Denton City Council Minutes
April 17, 2012
Page 23
Laura Sanders, 5212 Whiting Way, Denton, 76208 spoke in opposition regarding multi-family
uses and also problems with the DISD.
Mayor Pro Tem Kamp stated that there would be no multi-family on the project and if Ms.
Sanders had issues with the DISD, she needed to present them to the DISD and not Council.
The Mayor Pro Tem closed the public hearing.
Council Member Roden stated that East McKinney was scheduled for widening and questioned
if it included this area.
Acting City Manager Martin stated that McKinney would be widened from Woodrow past the
high school but he didn’t know when that would be as TxDOT had not given it a priority rating.
Council Member Watts motioned, Council Member King seconded to adopt the ordinance with a
restriction of prohibiting multi-family development on the site. On roll call vote: Council
Member King, Council Member Watts, Council Member Gregory, Council Member
Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion carried
unanimously.
5. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual 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 requested an update on the pedestrian bridge over Loop 288.
Mayor Pro Tem Kamp noted a fund raiser Friday night at the Center for the Visual Arts for
Frenchy.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
April 17, 2012
Page 24
There was no continuation of 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 9:31 p.m.
_____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Economic Development
ACM:
Jon Fortune
SUBJECT
Consider approval of a resolution approving the 2011 Annual Report for the Tax Increment
Finance Zone No.1 (Downtown TIF).
BACKGROUND
On December 7, 2010, City Council adopted an ordinance creating the Tax Increment Financing
Reinvestment Zone Number One (Downtown TIF). An annual report is required to be submitted
afted a report
(attached) for consideration by the Council.
As you know, 2011 was the first year to accrue TIF revenues. A total of $15,871 was allocated
to the TIF Fund. No project costs or expenditures were incurred.
PRIOR ACTION/REVIEW
The TIF Board reviewed the 2011 Annual Report on March 30, 2012 and recommends approval
(6-0)
EXHIBITS
2011 Tax Increment Financing Reinvestment Zone Number 1 Annual Report
Respectfully submitted:
Julie Glover
Economic Development Program Administrator
Tax Increment Financing Reinvestment Zone Number One
(Downtown TIF)
2011Annual Report
City of Denton
Economic Development Office
215 E. McKinney Street
Denton, Texas 76201
940-349-7775
www.dentonedp.com
January 1, 2011 to December 31, 2011
Table of Contents
3. Map
4. Mission Statement
4. District Accomplishments
4. Value and Increment Summary
4-5. Summary of TIF Board meetings
5. Budget and Spending Status
5. 2011 Work Program
Reinvestment Zone Number One
Downtown Tax Increment Financing District
Mission Statement
The mission of the
Tax Increment Financing Reinvestment Zone Number One (Downtown TIF) is to
provide a source of funding for public infrastructure improvements to encourage and accelerate necessary
development and redevelopment within the Downtown TIF District area.
The Downtown TIF took effect on January 1, 2011 and will terminate on December 31, 2041 or when the
budget of $24.8 million has been collected. The City of Denton is the sole participating jurisdiction. The
Years 1-5 100%
Years 6-10 95%
Years 11-20 90%
Years 21-30 85%
District Accomplishments
During calendar year 2011, $15,871 was collected; no funds were distributed.
Value and Increment Summary
The City of Denton created Texas Increment Financing Reinvestment Zone Number One (known
as the Downtown TIF) in 2010. The 2011 taxable assessed valuation increase for the Downtown
TIF was $2,300,954 and resulted in approximately $15,871 in ad valorem revenue, which is
Tax Increment Financing Fund for the 2011-12 adopted budget.
1 value was $81,657,808.
Summary of TIF Board meetings
The Downtown TIF Board met three times in 2011, March 25, June 29 and September 30.
Board Member List and attendance
Pete Kamp City Council Member (Attended 2 of 3 meetings)
James King City Council Member (Attended 2 of 3 meetings)
Bob Moses Property Owner (Attended 3 of 3 meetings)
Virgil Strange Property Owner (Attended 3 of 3 meetings)
Marty Rivers Chamber of Commerce Member (Attended 3 of 3 meetings)
Hank Dickenson Chamber of Commerce member (Attended 3 of 3 meetings)
Harold Strong Qualified Voter of the City of Denton (Attended 3 of 3 meetings)
During 2011, the TIF Board took the following action on items:
1.Developed and recommended by-laws to City Council
2.Reviewed, amended and recommended the Finance Plan to City Council
3.Reviewed, amended and recommended the Project Plan to City Council
4.Received briefings on: Catalyst projects, Downtown Implementation Plan, Form Based
Code, and preliminary property tax revenue for 2011
Budget and Spending Status
The Downtown TIF District has established in its Project and Finance Plans a budget for public
improvement expenditures necessary to support private investment in the district.
In 2011, $15,871 was collected; no expenditures were made.
2011 Work Program
No projects were initiated in 2011; no funds were expended.
EXHIBIT A
Tax Increment Financing Reinvestment Zone Number One
(Downtown TIF)
2011Annual Report
City of Denton
Economic Development Office
215 E. McKinney Street
Denton, Texas 76201
940-349-7775
www.dentonedp.com
January 1, 2011 to December 31, 2011
Table of Contents
3. Map
4. Mission Statement
4. District Accomplishments
4. Value and Increment Summary
4-5. Summary of TIF Board meetings
5. Budget and Spending Status
5. 2011 Work Program
Reinvestment Zone Number One
Downtown Tax Increment Financing District
Mission Statement
The mission of the
Tax Increment Financing Reinvestment Zone Number One (Downtown TIF) is to
provide a source of funding for public infrastructure improvements to encourage and accelerate necessary
development and redevelopment within the Downtown TIF District area.
The Downtown TIF took effect on January 1, 2011 and will terminate on December 31, 2041 or when the
budget of $24.8 million has been collected. The City of Denton is the sole participating jurisdiction. The
Years 1-5 100%
Years 6-10 95%
Years 11-20 90%
Years 21-30 85%
District Accomplishments
During calendar year 2011, $15,871 was collected; no funds were distributed.
Value and Increment Summary
The City of Denton created Texas Increment Financing Reinvestment Zone Number One (known
as the Downtown TIF) in 2010. The 2011 taxable assessed valuation increase for the Downtown
TIF was $2,300,954 and resulted in approximately $15,871 in ad valorem revenue, which is
Tax Increment Financing Fund for the 2011-12 adopted budget.
1 value was $81,657,808.
Summary of TIF Board meetings
The Downtown TIF Board met three times in 2011, March 25, June 29 and September 30.
Board Member List and attendance
Pete Kamp City Council Member (Attended 2 of 3 meetings)
James King City Council Member (Attended 2 of 3 meetings)
Bob Moses Property Owner (Attended 3 of 3 meetings)
Virgil Strange Property Owner (Attended 3 of 3 meetings)
Marty Rivers Chamber of Commerce Member (Attended 3 of 3 meetings)
Hank Dickenson Chamber of Commerce member (Attended 3 of 3 meetings)
Harold Strong Qualified Voter of the City of Denton (Attended 3 of 3 meetings)
During 2011, the TIF Board took the following action on items:
1.Developed and recommended by-laws to City Council
2.Reviewed, amended and recommended the Finance Plan to City Council
3.Reviewed, amended and recommended the Project Plan to City Council
4.Received briefings on: Catalyst projects, Downtown Implementation Plan, Form Based
Code, and preliminary property tax revenue for 2011
Budget and Spending Status
The Downtown TIF District has established in its Project and Finance Plans a budget for public
improvement expenditures necessary to support private investment in the district.
In 2011, $15,871 was collected; no expenditures were made.
2011 Work Program
No projects were initiated in 2011; no funds were expended.
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012 Questions concerning this
Acquisition may be directed
DEPARTMENT:
Materials Management to Keith Gabbard at 349-7146
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas accepting competitive bids and
awarding a best value contract for Street Milling Services for the City of Denton Street
Department; authorizing the expenditure of funds therefor; and providing an effective date (Bid
4936-Best Value Bid for Street Milling Services awarded to Dustrol, Inc. in the annual estimated
amount of $300,000).
BID INFORMATION
This bid is for an annual contract for Street Milling Services. This service consists of cutting
existing street asphalt pavement to the proper lines, grade, and depth. The machine grinds and
loads the recyclable material into trucks for future use. The City of Denton furnishes support
services such as supervision and traffic control.
The bid was a best value bid, in which criteria are used to evaluate the bid proposals. The criteria
listed below were used to evaluate and rank the bids:
1.Indicators of Probable Performance under contract 20%
2.Delivery Timeframe 20%
3.Price, Total Cost of Ownership 60%
A committee consisting of representatives from the Streets, Drainage, and Purchasing
Departments evaluated the proposals. The committee ranked each firm as shown in Exhibit 2.
Dustrol, Inc. was ranked the highest based on the evaluation criteria.
Invitation for bids (IFB) were advertised in the local newspaper in accordance with Local
Government Code 252.041sent to 67 vendors on April 4,
2012.
RECOMMENDATION
Staff recommends awarding to the annual contract for Street Milling Services to Dustrol, Inc. in
the annual estimated amount of $300,000.
Agenda Information Sheet
May 15, 2012
Page 2
PRINCIPAL PLACE OF BUSINESS
Dustrol, Inc.
Roanoke, TX
ESTIMATED SCHEDULE OF PROJECT
The specifications for this bid are for a one year contract with the option to renew for two (2)
additional one year periods with all terms remaining the same.
FISCAL INFORMATION
Individual projects will be funded as needed from the General Fund account designated for street
milling projects.
EXHIBITS
Exhibit 1: Bid Tabulation
Exhibit 2: Evaluation
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-Bid 4936
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE BIDS
AND AWARDING A BEST VALUE CONTRACT FOR STREET MILLING SERVICES FOR
THE CITY OF DENTON STREET DEPARTMENT; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4936-BEST VALUE
BID FOR STREET MILLING SERVICES AWARDED TO DUSTROL, INC. IN THE ANNUAL
ESTIMATED AMOUNT OF $300,000).
WHEREAS, the City has solicited, received, and tabulated competitive best value bids, for
the purchase of necessary materials, equipment, supplies or services in accordance with the
procedures of State law and City ordinances based on the best value as determined by using the
selection criteria set forth in the request for bids; and
ection committee has reviewed and recommended that the herein
described bids are the best value based on the selection criteria for the materials, equipment,
ng Agent has determined that the best value bid process
provides the best value to the City for this procurement; 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 findings and conclusions set forth in the preamble of this ordinance are
incorporated within the body of the ordinance.
SECTION 2. The options in the following numbered bids for materials, equipment,
Agent, is hereby accepted and approved as being the best value based on the selection criteria
contained in the request for bids for such items:
BID
NUMBER VENDOR AMOUNT
4936 Dustrol, Inc. Exhibit A
SECTION 3. By the acceptance and approval of the above items of the submitted bids, the
City accepts the offer of the persons submitting the bids 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 Bid Invitations, Bid Proposals, and related
documents.
SECTION 4. The City Manager is hereby authorized to execute any and all necessary
written contracts for the performance of the services in accordance with the bids accepted and
approved herein, provided that such contracts are made in accordance with and relating to the items
specified in Section 1, which written contract(s) shall be attached hereto; provided that the written
contract is in accordance with the above Request to Submit Bids, Bid Proposals, and documents
relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and
specified sums contained therein.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under Bid 4936 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. 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 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this_______day of _____________________________, 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
4-ORD-Bid 4936
Exhibit A
BID # 4936
DATE: 4/24/12
Best Value Bid for Annual Contract for Street Milling Services
ITEM #QTYUOMDESCRIPTIONVENDOR
Dustrol, Inc.
Principle Place of Business:
Roanoke, TX
Milling Machine - Track Type $0.19/
1732,300SY
Caterpiller 450 or equal$139,137
Mobilization charge to include
delivery, pick up, loading and $200 /
1A22EA
unloading as required. One time $4,400
charge per activation.
$50 /
22HRPick-up Broom - Mobil TE3 or equal
$100
Mobilization charge to include
$100 /
2A2EA
delivery, pick up, loading & unloading
$200
as required.
Trucking services per hour per truck
$45 /
33,465HRfor disposal at City of Denton supplied
$155,925
site.
Total Estimated Amount
$299,762.00
Shipment can be made in ______ days from receipt of order.1
*Prices shall include a qualified operator or crew with each piece of equipment.
**In case of calculation error, unit price will prevail.
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012 Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Jim Coulter at 349-7194
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute a Professional
Services Agreement (PSA) with Freese and Nichols, Inc. for Design Services for the new Pecan
Creek Water Reclamation Plant Operations Building, and providing for an effective date (File
4893Design of Pecan Creek Water Reclamation Operations Building awarded to Freese and
Nichols, Inc. in the amount of $192,057). The Public Utilities Board recommends approval (5-0).
FILE INFORMATION
This item is for the design and construction phases, for a 6,500 square foot operations building to
be located at the Pecan Creek Water Reclamation Plant (PCWRP) at 1100 Mayhill Road. The
existing administration building at the PCWRP has very limited space for operations due to the
Texas Commission on Environmental Quality (TCEQ) requirements regarding access to the
Municipal Laboratory which is located in the same building. Pretreatment staff is currently
officed in trailers due to the lack of space. Funding for the design of a new operations building
was approved in the 2011-2012 Fiscal Year Budget. A more detailed description of this project is
included in the attached Public Utilities Board agenda information sheet (Exhibit 1).
RECOMMENDATION
Approve a Professional Services Agreement with Freese and Nichols, Inc. in the amount of
$192,057.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On April 23, 2012, the Public Utilities Board recommended approval to forward this item to the
City Council for consideration.
PRINCIPAL PLACE OF BUSINESS
Freese and Nichols, Inc.
Fort Worth, TX
Agenda Information Sheet
May 15, 2012
Page 2
ESTIMATED SCHEDULE OF PROJECT
The contract will remain in effect through the construction phase of the project. Construction is
anticipated to be completed in eight months from the time the contract is awarded.
FISCAL INFORMATION
The services will be funded from Capital Improvements Project account
6402025402.1360.40100. Requisition #108025 has been entered in the Purchasing software
system.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Information Sheet without Exhibits
Exhibit 2: Public Utilities Board Draft Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-File 4893
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #4
AGENDA INFORMATION SHEET
AGENDA DATE
: April 23, 2012
DEPARTMENT
: Utility Administration
ACM:
Howard Martin, 349-8232
SUBJECT
Consider a recommendation of an approval of the engineering services proposal from Freese &
Nichols, Inc for the survey, architectural and structural design, geotechnical investigations,
landscaping, and professional services during bidding and construction of the Pecan Creek Water
Reclamation Plant Operations Building for the amount of $192,057.
BACKGROUND
Due to TCEQ regulations requiring stringent access control to the laboratory thereby limiting the
space availability in the existing administration building at the Pecan Creek Water Reclamation
Plant (PCWRP, Map-Exhibit 1), and use of dilapidated trailers currently used by the
Pretreatment personnel for office space, the PUB in the FY2011 authorized construction of a
new operations building for the PCWRP personnel. Funding for the design of this proposed
building was included in the FY2012 budget in the amount of $300,000. Staff has worked with
the Purchasing and Facilities Management departments to select the local engineering firm
Freese & Nichols, Inc. (FNI) for the design of the project. FNI is fully versed in design of these
buildings for water and wastewater plants and have architects and engineers on staff to provide
the full scope of services for the project. FNI was the engineer who originally designed the
existing administration building at the PCWRP in 1982.
Staff from the Water Reclamation, Pretreatment and the Watershed groups did a comprehensive
needs assessment working with FNI to determine space requirement for offices, conference
room, washrooms, lockers, storage space, and parking to develop a consensus on the size of the
operations building. Based on this analysis the proposed building is to be designed as a single
story structure with 6,500 square foot of usable space. FNI has done a Rough Order of
Magnitude cost estimate for the proposed building and parking at $1.6 million.
FNI services for the project will include the following phases;
Schematic Design Phase
Design Development Phase
Final Design Phase
Procurement Phase
Construction Phase
AIS PUB Agenda Item #4
April 23, 2012
Page 2 of 2
In addition, FNI will provide site survey, landscape architect services, and geotechnical
investigation to support foundation design. The total engineering services cost including the
architectural services, preliminary design, final design, landscape architect, construction phase
engineering services, survey and geotechnical investigations is estimated at $192,057. This
amounts to a total of 12 percent of the estimated construction cost. Staff has reviewed this cost
and finds it reasonable.
The draft professional services agreement and the cost proposal from the consultant are included
in Exhibit 2. Staff has worked diligently on managing the cost and refining the scope of work
over several on-site and office meetings and negotiations with the consultant.
OPTIONS
1.Approve the engineering services proposal
2.Deny the engineering services proposal
RECOMMENDATION
Staff recommends approval of the engineering services proposal.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
March 14, 2011: Staff presented a report and held a discussion to obtain direction from PUB on
the need to construct a new operations building at the Pecan Creek Water Reclamation Plant.
DATE SCHEDULED FOR COUNCIL APPROVAL
May 8, 2012
FISCAL INFORMATION
Funds established in the Water Reclamation FY2012 budget will be used for the design of the
proposed building (Exhibit 3).
EXHIBITS
1.Map
2.FNI Draft Professional Services Agreement and Cost Proposal
3.FY2012 Detail Sheet
Respectfully submitted:
P. S. Arora, P.E.
Assistant Director Wastewater
Exhibit 2
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 April 23, 2012
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, April 23, 2012 at 9:02 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Phil Gallivan, Leonard Herring, John Baines, and
11 Barbara Russell, and Randy Robinson (present after vote on Items 2-4)
12
13 Absent Excused: Billy Cheek
14
15 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities
16
17
OPEN MEETING
18
19
CONSENT AGENDA
20
21
22 4)Consider a recommendation of an approval of the engineering services proposal from Freese
23 & Nichols, Inc for the survey, architectural and structural design, geotechnical investigations,
24 landscaping, and professional services during bidding and construction of the Pecan Creek
25 Water Reclamation Plant Operations Building for the amount of $192,057.
26
Motion to approve Item 4 by Board Member Baines, seconded by Board Member
27
Russell. Vote 5-0.
28
29
30
31 Adjournment at 9:48 am
32
33
ORDINANCE NO. ________________
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WITH FREESE AND NICHOLS, INC. FOR DESIGN
SERVICES FOR THE NEW PECAN CREEK WATER RECLAMATION PLANT OPERATIONS
BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE (FILE 4893DESIGN OF PECAN
CREEK WATER RECLAMATION OPERATIONS BUILDING AWARDED TO FREESE AND
NICHOLS, INC. IN THE AMOUNT OF $192,057).
WHEREAS, this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with Freese and Nichols, Inc. to provide professional engineering and related services for the
design of the new Pecan Creek Water Reclamation Operations Building, a copy of which is attached
hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under File 4893 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:_________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
4-ORD-File 4893
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012 Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Jim Coulter at 349-7194
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 Two Dry Pit Submersible Pumps from
DXP Enterprises, Inc., which are available from only one source and in accordance with the
pertinent provisions of Chapter 252.022 of the Texas Local Government Code such purchases
are exempt from the requirements of competitive bidding; and providing an effective date (File
4929-Purchase of Two Submersible Pumps for Pecan Creek Water Reclamation Plant in the
amount of $115,000). The Public Utilities Board recommends approval (5-0).
FILE INFORMATION
This item is for the purchase of two ABBA Model FMA1431Dry Pit Submersible
non-clog Pumps for the Pecan Creek Water Reclamation Plant (PCWRP). The Raw Sewage
Pump Station No. 2 at PCWRP was constructed in 1982. The pumps originally installed in 1982
are still in use and have been used well beyond their service life. The expected life of a
wastewater pump is generally 20 years. The plant maintenance staff has been able to extend the
service life to almost 30 years. Funds have been budgeted to begin replacing these pumps in the
current fiscal year.
The existing pumps are shaft driven where the pump sits at a lower level below the level of the
electric motor coupled to the shaft. This type of pump and motor arrangement requires more
maintenance due to the long shaft and the bearings. As part of a PCWRP expansion in 2001, staff
migrated to using close coupled dry pit submersible type pumps for the Raw Sewage Pump
Station No. 1 construction. Now that the pumps need to be replaced at the No. 2 Pump Station,
similar pumps are proposed to be installed.
Only the -pit submersible non-clog pump will satisfy
the dimensional and operating requirements necessary to match the existing space in the No. 2
Pump Station and also match the required hydraulic operating conditions. Therefore, staff
requested a quote from the exclusive vendor for this pump, DXP Enterprise, Inc. (Exhibit 1).
The total amount for the purchase of the two required pumps is $115,000.
DXP Enterprises, Inc. is the exclusive representative for ABBA Pump Parts and Service.
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.
Agenda Information Sheet
May 15, 2012
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On April 23, 2012, the Public Utilities Board recommended approval to forward this item to the
City Council for consideration.
RECOMMENDATION
Approve the purchase of Two Submersible Pumps for Pecan Creek Water Reclamation Plant
from DXP Enterprises, Inc. in the amount of $115,000.
PRINCIPAL PLACE OF BUSINESS
DXP Enterprises, Inc.
Grand Prairie, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery and installation of the pumps is estimated to be 15 weeks from receipt of the order.
FISCAL INFORMATION
This purchase will be funded from Bond account 640181539.1350.40100 in the amount of
$50,000 and Revenue account 640181541.1350.40100 in the amount of $65,000. Requisition
#108023 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: DXP Enterprises, Inc. Quote
Exhibit 2: Sole Source Letter
Exhibit 3: Public Utilities Board Draft Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-Bid 4929
The Industrial Distribution Experts
The Industrial Distribution Experts
Exhibit 1
City of Denton April 9, 2012
1100 S. Mayhill Rd.
Denton, Texas 76208
Attn: Mark Ronje
Ref: Pump Quote- Main Lift
We are pleased to offer the following for your consideration,
1- -pit submersible non-clog rotating assembly to fit existing
volute. Rotating assembly to consist of 125HP, 1200RPM, 3ph, 460V close loop cooling, dry pit type
submersible motor, impeller, and volute adapter flange. Motor suitable to run continuously in air or
submerged. power cables and separate moisture detection control / alarm panel
LOT NET 57,500.00
K3E1-060083-0/1/2
Note: There was a price increase on the motor on March 1, 2012.
Order for must be placed by May 20, for 2 units, in order hold the above pricing.
Note: Pricing includes freight to Denton.
Prepared by:
Randy Key
DXP Enterprises, Inc.
1515 Avenue s, suite 206, Grand Prairie, Tx, 75050 (972) 602-2043 fax (866) 916-1905
Exhibit 2
ABBA PUMP PARTS & SERVICE
Div. of Dracay Management Inc.
May 8, 2012
Mr. Rusty Willard
City of Denton
1100 Mayhill Rd.
Denton, TX 76208
Dear Rusty,
Thank you for using ABBA Parts. DXP Enterprises Inc. is the sole authorized
distributor of ABBA Parts in the territory of North Texas. Because the City of Denton
is in the territory of North Texas, the City of Denton would be
ABBA Parts from any source other than DXP Enterprises Inc. Plea
orders for ABBA Parts to DXP.
As you know, the good people at DXP have demonstrated excellent
and are equipped to carry out local service as well as provide t
genuine ABBA replacement parts & pumps.
Contact:
Randy Key
DXP Enterprises Inc.
1515 Avenue S, Suite 206
Grand Prairie, TX 75050
T: 972-602-2043
Kind Regards,
Wendy Jamison
Sales & Marketing Manager
800-268-5142 Ext 112
ABBA Parts & Service, 5370 Munro Court Burlington Ontario
Tel: 905-333-2720, 1-800-268-5142 Fax: 905-333-0973 Email: info@abbaparts.com www.abbaparts.com
Exhibit 3
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 April 23, 2012
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, April 23, 2012 at 9:02 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Phil Gallivan, Leonard Herring, John Baines, and
11 Barbara Russell, and Randy Robinson (present after vote on Items 2-4)
12
13 Absent Excused: Billy Cheek
14
15 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities
16
17
OPEN MEETING
18
19
CONSENT AGENDA
20
21
22 3)Consider a recommendation of an approval of the purchase of two dry pit submersible pumps
23 for the Raw Sewage Pump Station Number 2 at the Pecan Creek Water Reclamation Plant
24 from DXP Enterprises for the amount of $115,000.
25
Motion to approve Item 3 by Board Member Baines, seconded by Board Member
26
Russell. Vote 5-0.
27
28
29
30 Adjournment at 9:48 am
31
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF TWO DRY PIT SUBMERSIBLE PUMPS FROM DXP ENTERPRISES, INC.,
WHICH ARE AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH
THE PERTINENT PROVISIONS OF CHAPTER 252.022 OF THE TEXAS LOCAL
GOVERNMENT CODE, SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS
OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4929-
PURCHASE OF TWO SUBMERSIBLE PUMPS FOR PECAN CREEK WATER
RECLAMATION PLANT IN THE AMOUNT OF $115,000).
WHEREAS, Section 252.022 of the Local Government Code provides that procurement
of items that are only available from one source, including; items that are only available from
one source because of patents, copyrights, secret processes or natural monopolies; films,
manuscripts or books; electricity, gas, water and other utility purchases; captive replacement
parts or components for equipment; and library materials for a public library that are available
only from the persons holding exclusive distribution rights to the materials; and need not be
submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as described
approved:
FILE
NUMBER VENDOR AMOUNT
4929 DXP Enterprises, Inc. $115,000
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 4929 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 ____________, 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ______________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
5-ORD-File 4929
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Denton Municipal Electric
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to an approximate 0.1413 acre tract located in the M.E.P. & P. Railroad Survey, Abstract
Number 1473, known as Lot 23, Block A, of Bellaire Crossing, in the City of Denton, Denton
County, Texas, according to the plat thereof recorded in Cabinet W, Page 667, Plat Records,
Denton County, Texas, located generally along the north line of Paisley Street, west of Pace
Drive (the “Property Interests”), for the public use of expanding, and improving the Denton
Municipal Electric distribution and transmission system; authorizing the City Manager or his
designee to make an offer to Marilyn Kaye Newland and William Edgar Summers and Edna
Auline Summers, co-trustees of The William Edgar Summers Family Living Trust (the
“Owner”) to purchase the property interests for the purchase price of One Hundred and Ten
00
Thousand Dollars and No Cents ($110,000.), and other consideration, as prescribed in the
Contract of Sale (the “Agreement”), as attached hereto and made a part hereof as Exhibit “A”;
authorizing the expenditure of funds therefore; authorizing relocation expenditures; and
providing an effective date. (69kV Transmission Line Re-build Project) The Public Utility Board
recommends approval (6-0).
BACKGROUND
In accord with the current 69kV Transmission Line Re-build project initiative, staff is
undertaking the identification of the additional land rights necessary to accommodate the
construction and operation of the improved electric transmission and distribution system.
AR\WS Appraisals, LP has been engaged to provide real estate appraisal services in regard to the
subject tracts that will be directly impacted by the project.
In respect to the tract owned by the William Edgar Summers Family Living Trust, the project
requires the acquisition of the fee simple estate of the entirety of the 0.1413 acre tract that makes
up Lot 23, to accommodate the placement, operation and maintenance of the contemplated
electric utility infrastructure. Lot 23 is improved with a single family residential structure and
the associated peripheral improvements of concrete paving, wooden fencing, landscaping and a
storage building.
AR\WS Appraisals, LP has provided a real estate appraisal report in regard to the William Edgar
Summers Family Living Trust’s property tract. Their findings constitute the present offer to
purchase.
As per state statute changes precipitated by the passage of Senate Bill 18, the occupants of the
home, Mr. and Mrs. Summers, are entitled to a Residential Relocation Assistance benefit
package, separate and apart from the land rights acquisition initiative. An element to the change
in state law requires condemning authorities to formally establish a relocation assistance program
in conformance with the Federal Uniform Relocation Assistance and Real Property Acquisitions
Policy Act of 1970, 42 U.C.S.A. 4601 et. seq., and regulations promulgated pursuant thereto (49
CFR §§24.1-24.603), as each may be amended from time to time (the “Federal Act”). The
Denton City Council, at the meeting of April 17, 2012, adopted Ordinance 2012-073 to satisfy
that requirement.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This tract is within the alignment previously recommended by the Public Utility Board and
approved by the City Council.
May 7, 2012 – The Public Utility Board recommends approval (6-0).
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General
Obligation Bonds which will be paid by Transmission Revenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase
00
offer price of $110,000. plus closing costs as prescribed in the Agreement are to be funded
through these funding sources, as well as any Relocation Assistance entitlements.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
3.PUB Minutes
Phillip Williams
General Manager
Electric Administration
Prepared by, Denton Municipal Electric
Paul Williamson,
Real Estate Manager
EXHIBIT 1 attachment to AIS
LOCATION MAP
PAISLEY
Denton Municipal Electric
Proposed Acquisition
The William Edgar Summers
Family Living Trust - .1413 Acres
LEGEND
SITE
PARCELS
TM LINE
TM LINE
EASEMENT
Denton Municipal Electric Proposed Acquisition
The William Edgar Summers Family Living Trust - P14
Lot 23 .1413 Acres
10050100200
FEET
0
EXHIBIT 2 attachment to AIS
EXHIBIT 3 attachment to AIS
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3May 7, 2012
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7Monday, May 7, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8Center, 901-A Texas Street, Denton, Texas.
9
10Present: Billy Cheek, Phil Gallivan, Leonard Herring, John Baines, Barbara
11Russell, and Randy Robinson
12
13Absent – Excused: Chairman Dick Smith
14
15Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20
21Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
22designee, to implement each item in accordance with the staff recommendations. The Public
23Utilities Board has received background information, staff’s recommendations, and has had an
24opportunity to raise questions regarding these items prior to consideration.
25
261)Consider a recommendation for City Council to adopt an Ordinance finding that a public
27use and necessity exists to acquire in fee simple an approximate 0.1413 acre tract located
28in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton
29County, Texas, known as Lot 23, Block A, of Bellaire Crossing, in the City of Denton,
30Denton County, Texas, according to the plat thereof recorded in Cabinet W, Page 667,
31Plat Records, Denton County, Texas, located generally along the north line of Paisley
32Street, west of Pace Drive (the “Property Interests”), for the public use of expanding, and
33improving the Denton Municipal Electric distribution and transmission system;
34authorizing the City Manager or his designee to make an offer to The William Edgar
35Summers Family Living Trust (the “Owner”) to purchase the property interests for the
36purchase price of One Hundred and Ten Thousand Dollars and No Cents ($110,000), and
37other consideration, as prescribed in the Contract of Sale (the “Agreement”), as attached
38hereto and made a part hereof as Exhibit “A”; authorizing the expenditure of funds
39therefore; and providing an effective date. (69kV Transmission Line Re-build Project).
40
Board Member Robinson made the motion to approve Item 1, seconded by Board Member
41
Russell. Vote 6-0
42
43
44Adjournment at 11:45 a.m
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Denton Municipal Electric
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to an approximate 0.2159 acre tract located in the M.E.P. & P. Railroad Survey, Abstract
Number 1473, known as Lot 24, Block A, of Bellaire Crossing, in the City of Denton, Denton
County, Texas, according to the plat thereof recorded in Cabinet W, Page 667, Plat Records,
Denton County, Texas, located generally along the north line of Paisley Street, west of Pace
Drive (the “Property Interests”), for the public use of expanding, and improving the Denton
Municipal Electric distribution and transmission system; authorizing the City Manager or his
designee to make an offer to DeWitt S. Davenport (the “Owner”) to purchase the property
interests for the purchase price of One Hundred and Seventeen Thousand Dollars and No Cents
00
($117,000.), and other consideration, as prescribed in the Contract of Sale (the “Agreement”),
as attached hereto and made a part hereof as Exhibit “A”; authorizing the expenditure of funds
therefore; authorizing relocation expenditures; and providing an effective date. (69kV
Transmission Line Re-build Project) The Public Utility Board recommends approval (6-0).
BACKGROUND
In accord with the current 69kV Transmission Line Re-build project initiative, staff is
undertaking the identification of the additional land rights necessary to accommodate the
construction and operation of the improved electric transmission and distribution system.
AR\WS Appraisals, LP has been engaged to provide real estate appraisal services in regard to the
subject tracts that will be directly impacted by the project.
In respect to the tract owned by the DeWitt S. Davenport, the project requires the acquisition of
the fee simple estate of the entirety of the 0.2159 acre tract that makes up Lot 24, to
accommodate the placement, operation and maintenance of the contemplated electric utility
infrastructure. Lot 24 is improved with a single family residential structure and the associated
peripheral improvements of concrete paving, wooden fencing, chain-link fencing, and
landscaping. Mr. Davenport currently has the property tract leased, i.e. tenant occupancy.
AR\WS Appraisals, LP has provided a real estate appraisal report in regard to the DeWitt S.
Davenport’s property tract. Their findings constitute the present offer to purchase.
As per state statute changes precipitated by the passage of Senate Bill 18, the tenant of the
property tract is entitled to a Residential Relocation Assistance benefit package, separate and
apart from the land rights acquisition initiative. An element to the change in state law requires
condemning authorities to formally establish a relocation assistance program in conformance
with the Federal Uniform Relocation Assistance and Real Property Acquisitions Policy Act of
1970, 42 U.C.S.A. 4601 et. seq., and regulations promulgated pursuant thereto (49 CFR §§24.1-
24.603), as each may be amended from time to time (the “Federal Act”). The Denton City
Council, at the meeting of April 17, 2012, adopted Ordinance 2012-073 to satisfy that
requirement.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This tract is within the alignment previously recommended by the Public Utility Board and
approved by the City Council.
May 7, 2012 – The Public Utility Board recommends approval (6-0).
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General
Obligation Bonds which will be paid by Transmission Revenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase
00
offer price of $117,000. plus closing costs as prescribed in the Agreement are to be funded
through these funding sources, as well as any Relocation Assistance entitlements.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
3.PUB Minutes
Phillip Williams
General Manager
Electric Administration
Prepared by, Denton Municipal Electric
Paul Williamson,
Real Estate Manager
EXHIBIT 1 attachment to AIS
LOCATION MAP
PAISLEY
Denton Municipal Electric
Proposed Acquisition
Dewitt Davenport - .2159 Acres
LEGEND
SITE
PARCELS
TM LINE
TM LINE
EASEMENT
Denton Municipal Electric Proposed Acquisition
Dewitt Davenport - P13
Lot 24 .2159 Acres
10050100200
FEET
0
EXHIBIT 2 attachment to AIS
EXHIBIT 3 attachment to AIS
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3May 7, 2012
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7Monday, May 7, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8Center, 901-A Texas Street, Denton, Texas.
9
10Present: Billy Cheek, Phil Gallivan, Leonard Herring, John Baines, Barbara
11Russell, and Randy Robinson
12
13Absent – Excused: Chairman Dick Smith
14
15Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20
21Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
22designee, to implement each item in accordance with the staff recommendations. The Public
23Utilities Board has received background information, staff’s recommendations, and has had an
24opportunity to raise questions regarding these items prior to consideration.
25
26
272)Consider a recommendation for City Council to adopt an Ordinance finding that a public
28use and necessity exists to acquire in fee simple an approximate 0.2159 acre tract located
29in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton
30County, Texas, known as Lot 24, Block A, of Bellaire Crossing, in the City of Denton,
31Denton County, Texas, according to the plat thereof recorded in Cabinet W, Page 667,
32Plat Records, Denton County, Texas, located generally along the north line of Paisley
33Street, west of Pace Drive (the “Property Interests”), for the public use of expanding, and
34improving the Denton Municipal Electric distribution and transmission system;
35authorizing the City Manager or his designee to make an offer to DeWitt S. Davenport
36(the “Owner”) to purchase the property interests for the purchase price of One Hundred
37and Seventeen Thousand Dollars and No Cents ($117,000), and other consideration, as
38prescribed in the Contract of Sale (the “Agreement”), as attached hereto and made a part
39hereof as Exhibit “A”; authorizing the expenditure of funds therefore; and providing an
40effective date. (69kV Transmission Line Re-build Project).
41
Board Member Robinson made the motion to approve Item 2, seconded by Board Member
42
Russell. Vote 6-0
43
44
45Adjournment at 11:45 a.m
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 0.398 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927,
City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached
hereto and made a part hereof, located generally in the 1100 block of South Mayhill Road (the
“Property Interests”), for the public use of expanding and improving Mayhill Road, a municipal
street and roadway; authorizing the City Manager or his designee to make an offer to Leroy
Barber and Lucy I. Barber, Trustees of the Leroy Barber and Lucy I. Barber Family Trust, dated
May 18, 1994 (the “Owner”) to purchase the Property Interests for the Purchase Price of Fifty
00
Five Thousand Dollars and No Cents ($55,000.), and other consideration, as prescribed in the
Purchase Agreement (the “Agreement”), as attached hereto and made a apart hereof as Exhibit
“B”; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and
providing an effective date. (Mayhill Road Widening and Improvements project)
BACKGROUND
In accord with the current Mayhill Road Widening and Improvements project initiative (the
Project), staff is undertaking the identification of the additional land rights necessary to
accommodate the construction and operation of the improved roadway. Pyles-Whatley
Corporation has been engaged to provide real estate appraisal services in regard to those
identified tracts that will be directly impacted by the project.
In respect to the tract owned by The Leroy Barber and Lucy I. Barber Family Trust, the Project
requires the partial acquisition of a Fee Tract for street and drainage purposes.
Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the Barber
property tract and the land rights necessary for the Project. Their findings constitute the present
offer to purchase. Situated within the Fee Tract acquisition area is a mobile home, presently
under residential lease. The Project requires removal of the mobile home and consequently
displacement of the occupying tenants.
As per state statute changes precipitated by the passage of Senate Bill 18, the occupants of the
mobile home situated within the subject acquisition tract are entitled to a Residential Relocation
Assistance benefit package, separate and apart from the land rights acquisition initiative. An
element to the change in state law requires condemning authorities to formally establish a
relocation assistance program in conformance with the Federal Uniform Relocation Assistance
and Real Property Acquisitions Policy Act of 1970, 42 U.C.S.A. 4601 et. seq., and regulations
promulgated pursuant thereto (49 CFR §§24.1-24.603), as each may be amended from time to
time (the “Federal Act”). The Denton City Council, at the meeting of April 17, 2012, adopted
Ordinance 2012-073 to satisfy that requirement.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract affecting property owned by The
Leroy Barber and Lucy I. Barber Family Trust.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase
00
offer price of $55,000. plus closing costs, as prescribed in the Agreement, and any eligible
relocation assistance benefits are to be funded through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
EXHIBIT 2 attachment to AIS
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 1.198 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927,
City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached
hereto and made a part hereof, located generally in the 1100 block of South Mayhill Road (the
“Property Interests”), for the public use of expanding and improving Mayhill Road, a municipal
street and roadway; authorizing the City Manager or his designee to make an offer to Shirley F.
Moon, individually and as Trustee of The Moon Family Living Revocable Trust (collectively the
“Owner”) to purchase the Property Interests for the Purchase Price of One Hundred Five
00
Thousand Dollars and No Cents ($105,000.), and other consideration, as prescribed in the
Purchase Agreement (the “Agreement”), as attached hereto and made a apart hereof as Exhibit
“B”; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and
providing an effective date. (Mayhill Road Widening and Improvements project)
BACKGROUND
In accord with the current Mayhill Road Widening and Improvements project initiative (the
Project), staff is undertaking the identification of the additional land rights necessary to
accommodate the construction and operation of the improved roadway. Pyles-Whatley
Corporation has been engaged to provide real estate appraisal services in regard to those
identified tracts that will be directly impacted by the project.
In respect to the tract owned by Shirley F. Moon, individually and as Trustee of The Moon
Family Living Revocable Trust (collectively the “Owner”), the Project requires the acquisition of
the entirety of Owner’s tract for street and drainage purposes.
Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the Owner’s
property tract. Their findings constitute the present offer to purchase. Situated within the Fee
Tract acquisition area is an owner occupied residential structure. The Project requires removal
of the residential structure and consequently displacement of Mrs. Moon.
As per state statute changes precipitated by the passage of Senate Bill 18, Mrs. Moon is entitled
to a Residential Relocation Assistance benefit package, separate and apart from the land rights
acquisition initiative. An element to the change in state law requires condemning authorities to
formally establish a relocation assistance program in conformance with the Federal Uniform
Relocation Assistance and Real Property Acquisitions Policy Act of 1970, 42 U.C.S.A. 4601 et.
seq., and regulations promulgated pursuant thereto (49 CFR §§24.1-24.603), as each may be
amended from time to time (the “Federal Act”). The Denton City Council, at the meeting of
April 17, 2012, adopted Ordinance 2012-073 to satisfy that requirement.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract affecting property owned by Shirley
F. Moon, individually and as Trustee of The Moon Family Living Revocable Trust.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase
00
offer price of $105,000. plus closing costs, as prescribed in the Agreement, and any eligible
relocation assistance benefits are to be funded through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 1.068 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927,
City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached
hereto and made a part hereof, located generally in the 1200 block of South Mayhill Road (the
“Property Interests”), for the public use of expanding and improving Mayhill Road, a municipal
street and roadway; authorizing the City Manager or his designee to make an offer to Jackie Lee
Bridges (the “Owner”) to purchase the Property Interests for the Purchase Price of Ninety Five
00
Thousand Dollars and No Cents ($95,000.), and other consideration, as prescribed in the
Purchase Agreement (the “Agreement”), as attached hereto and made a apart hereof as Exhibit
“B”; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and
providing an effective date. (Mayhill Road Widening and Improvements project)
BACKGROUND
In accord with the current Mayhill Road Widening and Improvements project initiative (the
Project), staff is undertaking the identification of the additional land rights necessary to
accommodate the construction and operation of the improved roadway. Pyles-Whatley
Corporation has been engaged to provide real estate appraisal services in regard to those
identified tracts that will be directly impacted by the project.
In respect to the tract owned by Jackie Lee Bridges, the Project requires the acquisition of the
entirety of Owner’s tract for street and drainage purposes.
Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the Owner’s
property tract. Their findings constitute the present offer to purchase. Situated within the Fee
Tract acquisition area is a residential structure presently under lease. The Project requires
removal of the residential structure and consequently displacement of the occupying tenant.
As per state statute changes precipitated by the passage of Senate Bill 18, the occupying tenant is
entitled to a Residential Relocation Assistance benefit package, separate and apart from the land
rights acquisition initiative. An element to the change in state law requires condemning
authorities to formally establish a relocation assistance program in conformance with the Federal
Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970, 42 U.C.S.A.
4601 et. seq., and regulations promulgated pursuant thereto (49 CFR §§24.1-24.603), as each
may be amended from time to time (the “Federal Act”). The Denton City Council, at the
meeting of April 17, 2012, adopted Ordinance 2012-073 to satisfy that requirement.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract affecting property owned by Jackie
Lee Bridges.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase
00
offer price of $95,000. plus closing costs, as prescribed in the Agreement, and any eligible
relocation assistance benefits are to be funded through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
EXHIBIT 2 attachment to AIS
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 0.997 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927,
City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached
hereto and made a part hereof, located generally in the 1200 block of South Mayhill Road (the
“Property Interests”), for the public use of expanding and improving Mayhill Road, a municipal
street and roadway; authorizing the City Manager or his designee to make an offer to William A.
Elliott and wife, Marilyn M. Elliott (collectively the “Owner”) to purchase the Property Interests
00
for the Purchase Price of Ninety Five Thousand Dollars and No Cents ($95,000.), and other
consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached hereto
and made a apart hereof as Exhibit “B”; authorizing the expenditure of funds therefor;
authorizing relocation expenditures; and providing an effective date. (Mayhill Road Widening
and Improvements project)
BACKGROUND
In accord with the current Mayhill Road Widening and Improvements project initiative (the
Project), staff is undertaking the identification of the additional land rights necessary to
accommodate the construction and operation of the improved roadway. Pyles-Whatley
Corporation has been engaged to provide real estate appraisal services in regard to those
identified tracts that will be directly impacted by the project.
In respect to the tract owned by Mr. and Mrs. Elliott, the Project requires the acquisition of the
entirety of their tract for street and drainage purposes.
Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the Owner’s
property tract. Their findings constitute the present offer to purchase. Situated within the Fee
Tract acquisition area is an owner occupied residential structure. The Project requires removal
of the residential structure and consequently displacement of the Owners.
As per state statute changes precipitated by the passage of Senate Bill 18, the Owners are entitled
to a Residential Relocation Assistance benefit package, separate and apart from the land rights
acquisition initiative. An element to the change in state law requires condemning authorities to
formally establish a relocation assistance program in conformance with the Federal Uniform
Relocation Assistance and Real Property Acquisitions Policy Act of 1970, 42 U.C.S.A. 4601 et.
seq., and regulations promulgated pursuant thereto (49 CFR §§24.1-24.603), as each may be
amended from time to time (the “Federal Act”). The Denton City Council, at the meeting of
April 17, 2012, adopted Ordinance 2012-073 to satisfy that requirement.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract affecting property owned Mr. and
Mrs. Elliott.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase
00
offer price of $95,000. plus closing costs, as prescribed in the Agreement, and any eligible
relocation assistance benefits are to be funded through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
EXHIBIT 2 attachment to AIS
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 1.968 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927,
City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached
hereto and made a part hereof, located generally in the 1200 block of South Mayhill Road (the
“Property Interests”), for the public use of expanding and improving Mayhill Road, a municipal
street and roadway; authorizing the City Manager or his designee to make an offer to Haeussler
Properties, LP (the “Owner”) to purchase the Property Interests for the Purchase Price of Two
00
Hundred Eleven Thousand Five Hundred Dollars and No Cents ($211,500.), and other
consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached hereto
and made a apart hereof as Exhibit “B”; authorizing the expenditure of funds therefor;
authorizing relocation expenditures; and providing an effective date. (Mayhill Road Widening
and Improvements project)
BACKGROUND
In accord with the current Mayhill Road Widening and Improvements project initiative (the
Project), staff is undertaking the identification of the additional land rights necessary to
accommodate the construction and operation of the improved roadway. Pyles-Whatley
Corporation has been engaged to provide real estate appraisal services in regard to those
identified tracts that will be directly impacted by the project.
In respect to the tract owned by Haeussler Properties, LP, the Project requires the acquisition of
the entirety of Owner’s tract for street and drainage purposes.
Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the Owner’s
property tract. Their findings constitute the present offer to purchase. Situated within the Fee
Tract acquisition area is a residential structure, presently unoccupied. The Project requires
removal of the residential structure.
As per state statute changes precipitated by the passage of Senate Bill 18, future occupancy of
the residential structure may accrue entitlements in respect to a Residential Relocation
Assistance benefit package, separate and apart from the land rights acquisition initiative. An
element to the change in state law requires condemning authorities to formally establish a
relocation assistance program in conformance with the Federal Uniform Relocation Assistance
and Real Property Acquisitions Policy Act of 1970, 42 U.C.S.A. 4601 et. seq., and regulations
promulgated pursuant thereto (49 CFR §§24.1-24.603), as each may be amended from time to
time (the “Federal Act”). The Denton City Council, at the meeting of April 17, 2012, adopted
Ordinance 2012-073 to satisfy that requirement.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract affecting property owned by
Haeussler Properties, LP.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase
00
offer price of $211,500. plus closing costs, as prescribed in the Agreement, and any eligible
relocation assistance benefits are to be funded through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
EXHIBIT 2 attachment to AIS
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 0.58 acre tract situated in the William Roark Survey, Abstract No. 1087, located in
the City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”,
attached hereto and made a part hereof, located generally northeast of the intersection of South
Bonnie Brae Street and Vintage Parkway (The “Property Interests”), for the public use of
expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the
City Manager or his designee to make an offer to Joab Partners, L.P., a Texas limited partnership
(The “Owner”) to purchase the property interests for the purchase price of Seventy Four
Thousand Six Hundred Twenty Seven Dollars and No Cents ($74,627.00), and other
consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached hereto
and made a part hereof as Exhibit “B”; authorizing the expenditure of funds therefore; and
providing an effective date. (Bonnie Brae Widening and Improvements project)
BACKGROUND
In accord with the current Bonnie Brae Widening and Improvements project initiative, staff is
undertaking the identification of the additional land rights necessary to accommodate the
construction and operation of the improved roadway. Integra Realty Resources has been engaged
to provide real estate appraisal services in regard to those identified tracts that will be directly
impacted by the project.
In respect to the tract owned by the Joab Partners, L.P., the project requires the acquisition of a
Fee Tract for street and drainage purposes.
Integra Realty Resources has provided a real estate appraisal report in regard to the Joab
Partners, L.P.’s property tract and the land rights necessary for the Project. Their findings
constitute the present offer to purchase.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract affecting property owned by Joab
Partners, L.P.
FISCAL INFORMATION
The overall Bonnie Brae Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase
00
offer price of $74,627. plus closing costs as prescribed in the Agreement are to be funded
through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
EXHIBIT 2 attachment to AIS
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 0.73 acre tract situated in the William Roark Survey, Abstract No. 1087, located in
the City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”,
attached hereto and made a part hereof, located generally southeast of the intersection of South
Bonnie Brae Street and Vintage Parkway (The “Property Interests”), for the public use of
expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the
City Manager or his designee to make an offer to Joab Partners, L.P., a Texas limited partnership
(The “Owner”) to purchase the property interests for the purchase price of Thirty Eight Thousand
Three Hundred Eighty Seven Dollars and No Cents ($38,387.00), and other consideration, as
prescribed in the Purchase Agreement (the “Agreement”), as attached hereto and made a part
hereof as Exhibit “B”; authorizing the expenditure of funds therefore; and providing an effective
date. (Bonnie Brae Widening and Improvements project)
BACKGROUND
In accord with the current Bonnie Brae Widening and Improvements project initiative, staff is
undertaking the identification of the additional land rights necessary to accommodate the
construction and operation of the improved roadway. Integra Realty Resources has been
engaged to provide real estate appraisal services in regard to those identified tracts that will be
directly impacted by the project.
In respect to the tract owned by the Joab Partners, L.P., the project requires the acquisition of a
Fee Tract for street and drainage purposes.
Integra Realty Resources has provided a real estate appraisal report in regard to the Joab
Partners, L.P.’s property tract and the land rights necessary for the Project. Their findings
constitute the present offer to purchase.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract affecting property owned by Joab
Partners, L.P.
FISCAL INFORMATION
The overall Bonnie Brae Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase
00
offer price of $38,387. plus closing costs as prescribed in the Agreement are to be funded
through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
EXHIBIT 2 attachment to AIS
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Airport
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving an Estoppel
Certificate to Hangars Plus, LLC and Justin State Bank for hangars located at 4846 Lockheed
and 4888 Lockheed at Denton Airport; and, providing an effective date. Council Airport
Committee recommends approval (3-0).
BACKGROUND
Justin State Bank (JSB) and Hangars Plus has requested that the City of Denton enter into a
Lease Estoppel Agreement that allows JSB to assume ownership of hangars constructed at 4846
Lockheed and 4888 Lockheed at Denton Airport in the event of a default on a mortgage loan
secured by the hangar owner, Hangars Plus L.L.C.
Section IX of the original lease provides the terms and conditions under which the lessee may
collaterally assign a Lease to secure a mortgage loan. This section of the lease follows:
IX. COLLATERAL ASSIGNMENT
A. CONSENT TO ENCUMBER. Lessee shall not collaterally assign this Lease or
otherwise encumber the estate created by this Lease Agreement without the written
consent of Lessor, which such consent shall be at Lessor's sole discretion. As conditions
to such consent, Lessor may require from Lessee and/or the Secured Party (herein so
called) any commitment, condition or requirement deemed necessary or advisable by
Lessor, including without limitation, provision for:
1. Express agreement that the Lessee shall in no way be released from any of its
obligations under this Lease Agreement, including without limitation, the obligation to
pay rent;
2. The Secured Party to promptly provide Lessor notice of any default by Lessee in
any obligation to Secured Party;
3. The Secured Party to provide notice to Lessor at least fifteen (15) days prior to (i)
accelerating any indebtedness owed by Lessee to Secured Party; (ii) initiation of any
foreclosure proceedings; and/or (iii) any other actions to enforce any financial
obligation of Lessee to Secured Party.
Agenda Information Sheet
May 15, 2012
Page 2
B. USE OF LOAN PROCEEDS.
Any funds borrowed by Lessee in which this Lease Agreement or the estate created by
this Lease Agreement are utilized as security or collateral, in whole or in part, may be
used only for (i) obtaining funds for the construction of the Lease Improvements, as
described in Section II.D. and Article VIII hereof; (ii) for acquisition of the leasehold
estate created by this Lease; or (iii) any other purpose which may be approved from time
to time by Lessor, in writing, in its sole discretion.
C.LIEN.
indebtedness secured by a lien against or on the estate created by this Lease Agreement
or this Lease shall at all times be and remain inferior and subordinate to conditions,
Lease Agreement.
PRIOR ACTION/REVIEW
June 6, 2006, the City Council adopted Ordinance 2006-153 approving a Commercial Operator
Airport Lease Agreement between the City of Denton and Hangars Plus, LLC.
February 16, 2010, the City Council adopted Ordinance 2010-055 approving the issuance of an
Estoppel Certificate to Hangars Plus, LLC and Justin State Bank.
March 6, 2012, the City Council adopted Ordinances 2012-053 and 2012-054 authorizing the
and Hangars Plus, LLC
for the property located on 4846 Lockheed and 4888 Lockheed at the Denton Municipal Airport.
On May 8, 2012, the Council Airport Committee unanimously agreed to recommend the
approval of the Estoppel Certificate with Hangars Plus, LLC and JSB for the property located on
4846 Lockheed and 4888 Lockheed at the Denton Airport.
RECOMMENDATIONS
The ordinance and Lease Estoppel have been reviewed by the Legal Department and approved as
to form. Staff recommends approval of the requested Estoppel for Justin State Bank as lender to
Hangars Plus, L.L.C.
Respectfully submitted:
Quentin Hix
Director of Aviation
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN ESTOPPEL
CERTIFICATE TO HANGARS PLUS, LLC AND JUSTIN STATE BANK FOR HANGARS
LOCATED AT 4846 LOCKHEED AND 4888 LOCKHEED AT DENTON AIRPORT; AND,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 15, 2012
entered into that certain Airport Lease Agreement with Hangars Plus Hangars Plusfor
property located at 4846 and 4888 Lockheed at Denton Airport
WHEREAS, Hangars Plus has requested the City to enter into a Lease Estoppel
Justin State Bank JSB
a mortgage loan to Hangars Plus under the Lease; and
WHEREAS, at its meeting of May 8, 2012 the City of Denton Council Airport
Committee recommended that the City Council approve the Lease Estoppel; and
WHEREAS, the City Council deems it in the public interest to enter into a Lease
Estoppel with Hangars Plus and JSB, which will amend the Lease and will further facilitate the
financing of a mortgage loan to Hangars Plus under the Lease; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute a Lease
Estoppel between the City of Denton, Hangars Plus and JSB in substantially the form of the
Lease Estoppel, Exhibit A, which is attached hereto and made a part of this Ordinance for all
purposes.
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _______ day of _______________________, 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
EXHIBIT A
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Airport
ACM:
Jon Fortune
________________________________________________________________________________
SUBJECT
Consider adoption of an ordinance approving a First Amendment to a Commercial Operator Airport
Lease Agreement between the City of Denton, Texas and GCBSXX LLC for assignment to Sykes-
Vaughan Investments, LLC of property located at 4700 Spartan Drive at Denton Airport; and,
providing an effective date. Council Airport Committee recommends approval (3-0).
BACKGROUND
Denton Airport entered into a ground lease with GCBSXX LLC for the property located at 4700
Spartan Drive in January 2005. Ordinance 2005-020 authorized the lease of the 34,000 square foot
lot for the construction of a 10,000 square foot hangar. GCBSXX LLC subsequently constructed a
12,600 square foot hangar on this lot. GCBSXX LLC is under contract to sell this hanger to Sykes-
Vaughan Investments, LLC and has requested that the City transfer the ground lease to Sykes-
Vaughan.
Sykes-Vaughan has asked to operate this hanger as a part of their Fixed Base Operator (FBO)
service. In order to accommodate the request of GCBSXX LLC and Sykes-Vaughan Investments,
LLC, Airport staff has prepared a lease amendment which contains the following provisions:
1.GCBSXX LLC assigns all rights and responsibilities under their ground lease to Sykes-
Vaughan Investments, LLC;
2.Sykes-Vaughan Investments, LLC assumes sole responsibility for performance of terms and
conditions of the ground lease;
3.Sykes-Vaughan Investments, LLC accepts amendments to the lease which require similar
terms as their FBO lease, such as commission payments for renting hangar space; and,
4.The reversion of property improvements terms contained in Section VIII. Leasehold
Improvements is changed to the provision contained in new Airport leases which allows the
City to negotiate a new lease and extend reversion to the end of the new lease period. This
provision allows the City to establish a future ground lease rate to include the value of the
property that would have reverted to City ownership into the new ground lease rate
Agenda Information Sheet
May 15, 2012
Page 2
RECOMMENDATION
Airport management recommends approval of this lease assignment for the property at 4700
Spartan Drive. The remaining lease period is twenty-three (23) years with two (2) options to renew
for ten (10) years each.
PRIOR ACTION
Denton Airport entered into a ground lease with GCBSXX LLC in January 2005, under Ordinance
2005-020.
On May 8, 2012, the Council Airport Committee recommended approval of a First Amendment to a
Commercial Airport Lease Agreement between the City of Denton and GCBSXX LLC for
assignment to Sykes-Vaughan Investments, LLC.
FISCAL INFORMATION
The current annualized property lease for 4700 Lockheed is $6,432.48 ($0.189/square foot). The
lease also includes an eleven percent (11%) commission due on any rental of hangar space to FBO
clients.
Respectfully submitted,
Quentin Hix
Director of Aviation
Airport Lease Agreement Amendment for 4700 Spartan Drive
ORDINANCE NO. ________________
AN ORDINANCE APPROVING A FIRST AMENDMENT TO A COMMERCIAL
OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND GCBSXX LLC FOR ASSIGNMENT TO SYKES-VAUGHAN INVESTMENTS, LLC
OF PROPERTY LOCATED AT 4700 SPARTAN DRIVE AT DENTON AIRPORT; AND,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 18, 2005
entered into that certain Airport Lease Agreement with GCBSXX
LLC to lease property located at 4700 Spartan Drive, Denton, Texas as approved by Ordinance
2005-020; and,
WHEREAS, on March 14, 2012, the City received a request from GCBSXX LLC to
consider a Lease Assignment of Pad Site At Denton Airport to Sykes-Vaughan Investments,
LLC; and,
WHEREAS, certain amendments to the Airport Lease Agreement in substantially the
effect a transfer to the Sykes-Vaughan Investments, LLC Fixed Base Operator Lease; and,
WHEREAS, at a meeting on May 8, 2012 the City of Denton Council Airport Committee
recommended approval of said Amendment; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute an
Amendment of the Airport Lease Agreement between the City and GCBSXX LLC to assign the
Agreement to Sykes-Vaughan Investments, LLC in substantially the form of the Amendment
which is attached to and made a part of this ordinance for all purposes.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _________ day of ___________________, 2012.
__________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
EXHIBIT A
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Airport
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance approving a Second Amendment to a Commercial Operator
Airport Lease Agreement between the City of Denton, Texas and GCBSXX LLC for assignment to
Sykes-Vaughan Investments, LLC of property located at 4780 Spartan Drive at Denton Airport;
and, providing an effective date. Council Airport Committee recommends approval (3-0).
BACKGROUND
Denton Airport entered into a ground lease with GCBSXX LLC for the property located at 4780
Spartan Drive in October 2005. Ordinance 2005-311 authorized the lease of the 34,000 square
foot lot for the construction of a 10,000 square foot hangar. A subsequent First Amendment to
this lease was approved administratively in October 2005 to correct the written reference to the
monthly lease rate approved in Ordinance 2005-311. GCBSXX LLC is under contract to sell
this hanger to Sykes-Vaughan Investments, LLC and has requested the City to transfer the
ground lease to Sykes-Vaughan.
Sykes-Vaughan has asked to operate this hanger as a part of their Fixed Base Operator (FBO)
service. In order to accommodate the request of GCBSXX LLC and Sykes-Vaughan
Investments, LLC, Airport staff has prepared a lease amendment which contains the following
provisions:
1.GCBSXX LLC assigns all rights and responsibilities under their ground lease to Sykes-
Vaughan Investments, LLC;
2.Sykes-Vaughan Investments, LLC assumes sole responsibility for performance of terms
and conditions of the ground lease;
3.Sykes-Vaughan Investments, LLC accepts amendments to the lease which require similar
terms as their FBO lease, such as commission payments for rental of hangar space; and,
4.The reversion of property improvements terms contained in Section VIII. Leasehold
Improvements is changed to the provision contained in new Airport leases which allows
the City to negotiate a new lease and extend reversion to the end of the new lease period.
This provision allows the City to establish a future ground lease rate to include the value
of the property that would have reverted to City ownership into the new ground lease rate
Agenda Information Sheet
May 15, 2012
Page 2
RECOMMENDATION
Airport on-site management recommends approval of the lease assignment for the property at
4780 Spartan Drive. The remaining lease period is twenty-three (23) years with two (2) options
to renew for ten (10) years each.
PRIOR ACTION
In October of 2005, Denton Airport entered into a ground lease with GCBSXX LLC for the
property located at 4780 Spartan Drive under Ordinance 2005-311.
On May 8, 2012, The Council Airport Committee recommended approval of a Second
Amendment to a Commercial Operator Airport Lease Agreement between the City of Denton,
Texas and GCBSXX LLC for assignment to Sykes-Vaughan Investments, LLC.
FISCAL INFORMATION
The current annualized property lease for 4780 Lockheed is $6,671.28 ($0.196/square foot). The
lease also includes an eleven percent (11%) commission due on any rental of hangar space to
FBO clients.
Respectfully submitted,
Quentin Hix
Director of Aviation
Airport Lease Agreement Amendment for 4780 Spartan Drive
ORDINANCE NO. ________________
AN ORDINANCE APPROVING A SECOND AMENDMENT TO A COMMERCIAL
OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND GCBSXX LLC FOR ASSIGNMENT TO SYKES-VAUGHAN INVESTMENTS, LLC
OF PROPERTY LOCATED AT 4780 SPARTAN DRIVE AT DENTON AIRPORT; AND,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 1, 2005
entered into that certain Airport Lease Agreement with GCBSXX
LLC to lease property located at 4780 Spartan Drive, Denton, Texas as approved by Ordinance
2005-311; and,
WHEREAS, on March 14, 2012, the City received a request from GCBSXX LLC to
consider a Lease Assignment of Pad Site At Denton Airport to Sykes-Vaughan Investments,
LLC; and,
WHEREAS, certain amendments to the Airport Lease Agreement in substantially the
effect a transfer to the Sykes-Vaughan Investments, LLC Fixed Base Operator Lease; and,
WHEREAS, at a meeting on May 8, 2012 the City of Denton Council Airport Committee
recommended approval of said Amendment; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute an
Amendment of the Airport Lease Agreement between the City and GCBSXX LLC to assign the
Agreement to Sykes-Vaughan Investments, LLC in substantially the form of the Amendment
which is attached to and made a part of this ordinance for all purposes.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _________ day of ___________________, 2012.
__________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
EXHIBIT A
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Parks and Recreation
ACM:
Fred Greene
SUBJECT
Consider approval of a resolution allowing Michaels Memories to be the sole participant allowed
to sell alcoholic beverages at the Denton Rugby Tournament held in North Lakes Park on May
26, 2012, upon certain conditions; authorizing the City Manager or his designee to execute an
agreement in conformity with this resolution; and providing for an effective date. Parks,
Recreation and Beautification Board recommend approval with a vote of 5-0. Staff recommends
approval of the request.
BACKGROUND
The change to allow the sale of alcoholic beverages in North Lakes Park was made to help attract
adult athletic tournaments and would follow the same process currently used for Quakertown
Park, which includes the following:
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 general public to consume alcohol; only a TABC licensed
vendor will be able to sell alcoholic beverages during approved events.
This is the first request from an athletic organization to sell alcohol at North Lakes Park. In
previous years, the Association was not able to sell or consume alcohol on park premises.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
On December 6, 2011, City Council approved an ordinance to allow the possession and
consumption of alcohol in North Lakes Park, excluding North Lakes Recreation Center and the
North Lakes Annex building.
RECOMMENDATION
Staff recommends approving the request for the sale of alcohol at North Lakes Park during the
Denton Rugby Tournament. Parks, Recreation and Beautification Board approved with a vote of
5-0.
Agenda Information Sheet
May 15, 2012
Page 2
EXHIBITS
1.Letter of Request
2.Parks, Recreation and Beautification Board Minutes of May 7, 2012
3.Resolution
4.North Lakes Park Agreement
Respectfully submitted by:
Emerson Vorel, Director
Parks and Recreation
Prepared by:
Janie McLeod
Community Events Coordinator
DRAFT
Parks, Recreation and Beautification Board
Minutes
May 7, 2012
Civic Center Community Room
Members present
: Carol Brantley, Alex Lieban, Derrick Murray, Dave Rowley; Janet Shelton
Members absent:
Vicki Byrd, Russ Stukel
Staff present:
Emerson Vorel, Jim Mays, Janie McLeod, Mary Aukerman, Becky Guthrie,
Engineering Department
REGULAR MEETING
1.CALL TO ORDER
Chairman Murray called the meeting to order at 6:02 p.m.
2.APPROVAL OF MINUTES OF April 2, 2011 MEETING:
With no changes to the minutes,
Rowley made a motionto approve the minutes as written, Lieban seconded and the motion carried
with a vote of 5-0.
3.AWARDS AND RECOGNITIONS:
None
4.ACTION ITEMS:
A.
Consider a Request from Denton Rugby Club to Sell Alcoholic Beverages in North Lakes
Park Benjamin Outland, President of the Denton Rugby Club, told the Board that this
annual one-
ent will
bring in spectators. When asked how many he anticipated, he said that typically they get no
more than 250 but would guess that this year there should be about 400. Gayla Hooten
explained -profit organization that will
be responsible for the insurance, TABC certification and sale of the beer. The proceeds will
McLeod explained that this is the first request to sell alcoholic beverages in North Lakes
Park since December 6, 2011, when City Council approved an ordinance to allow possession
and consumption of alcohol in North Lakes Park, excluding North Lakes Recreation Center
and the North Lakes Annex building.
MOTION:
Shelton made a motion to make recommendation to Council to allow the Denton
Memories Organization to sell alcoholic beverages in
North Lakes Park. Brantley seconded the motion and it carried with a vote of 5-0.
B.
Chapter 26: Proposed Sewer Line Easement at Nette Shultz and Avondale Parks Becky
Guthrie, City of Denton Engineering Department, presented to the Board a proposed sewer
line that will cross Avondale and Nette Shultz Parks. The City is changing out the existing
as part of the CIP program. After walking the proposed route with
PARD staff, Guthrie chose a route that will have minimal impact on existing trees. PARD
will be compensated for the use of the land. Since that portion of the park property will be
an easement, no permanent structures can be placed on it. Guthrie anticipates the
construction part of the project will take 90 to 180 days for completion.
MOTION:
Rowley made the motion to recommend approving the request from the City of
Denton Engineering Department to place a sewer line across property at Avondale and Nette
Shultz Parks. Shelton seconded the motion and it carried with a vote of 5-0.
DISCUSSION ITEMS:
5.
A.
Tree Mitigation Fund Committee Vorel explained to the Board that the City is looking to
set up a committee that will review requests for use of the Tree Mitigation Funds and he is
asking if the Park Board would like to act in that capacity. Vorel explained that this fund
comes from developers that pay a fee when they take down trees to build structures. At
present, there is no board or body to oversee the use of those funds. The guidelines for use
of the funds are for education, acquisition of property and the planting and maintenance of
trees. Currently, there is almost one million dollars in the fund.
After some discussion, Shelton felt that a sub-committee should be formed under the
auspices of the Park Board, much like the Public Art Committee, that would evaluate and
give advice on the use of those funds. Lieban stated that the Ci
committee. Shelton also thought that the use of the funds should be more defined so that the
money is being used to beautify the city and not just sitting in a fund.
OTHER BUSINESS:
6.
A.Parks Department Projects Status Report
Mays updated the Board on various projects on the list, including:
Quakertown Park
Participants in the Arts and Jazzfest gave a lot of positive comments on
the new sidewalks in Quakertown Park.
Mack Park
week.
Denton Branch Rail Trail Bridge Project
Project funding has been located and the
construction contract is on the May 15, 2012 Council agenda for approval.
McKamy-Evers-Cooper Creek Trail Bridge
The department is considering additional
routes to connect pedestrian traffic in these areas and is negotiating to facilitate this need.
Owsley Park
Soil has been brought in to raise the elevation of the park and the forms are
set for the sidewalks, shelter and playground area.
North Lakes Adult Soccer Field Development Project
We are still $250,000 short of the
purchase price for the 26 acre parcel to construct the new soccer fields. We are still waiting
for word from PACCAR to see if they will provide any funding.
Public Art Committee Meeting Minutes Draft for April 12, 2012 Status of the Book
B.
McLeod has a copy of the printed book of poems and pictures that she passed around for the
board to look at. The consensus was that it is of high quality and very professional looking.
McLeod advised the Board that, in September, a Poet Laureate Conference will be held at the
Visual Arts Center, at which time the book will be dedicated and the artists and poets featured
in the book will be on hand for a book signing.
McLeod explained that the printing of the book was not as expensive as estimated, so the rest
of those funds have been reallocated to get metal name plates for all of the pieces of art in the
City and to reframe a donation of Rob Erdle for the South Branch Library.
A question was raised as to what type of art will be put on the overpasses during the I35-E
reconstruction. Vorel stated that it will not be painted on but will be part of the structure.
7.FUTURE AGENDA ITEMS:
NONE
Vorel wanted to clarify some statements made during last months meeting regarding the
-reemphasized that the state
periodically inspects our licensed camps, but clarified that they will only inspect our non-
licensed camps if they receive a complaint by someone, usually a parent. If we are found to not
be complying with our own Standards of Care, these camps would not be closed down, but the
State could sanction us and require us to be licensed.
Also, regarding the question of volunteers at our camps, this summer we will be using
volunteers for the first time but they are not considered in the staff to student ratios. The
Foster Grandparents group will be helping with our camps and we already have 20
grandpas and grandmas signed up; all are receiving background checks.
Finally, regarding the question of assistance for special needs kids, while we
written set of guidelines for special needs children, we do have a discussion with parents,
and sometimes their school case worker, to make sure our programs are a good fit and we
can accommodate their needs. We have allowed the caretakers (nurse) of special needs
children to attend camp with the children but they must complete background checks.
Children who need one on one care must provide a caretaker in order for them to be in the
camp.
With no further items on the agenda, Chairperson Murray asked for a motion to adjourn the meeting.
Shelton made the motion to adjourn, Brantley seconded and the meeting was adjourned at 7:16 p.m.
AGENDA INFORMATION SHEET
AGENDA DATE: May 15, 2012
DEPARTMENT: Planning and Development
ACM: Fred Greene
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district to a
Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district subject to a restrictive
overlay on approximately 3.3 acres. The property is located east of Bell Avenue, approximately
500 feet north of the northeast intersection of Sherman Drive and Bell Avenue and is
approximately 185 feet south of Sunrise Cove. The Planning and Zoning Commission
recommends approval, subject to a restrictive overlay district (7-0).
BACKGROUND
The applicant, GreatVine Ministries, proposes to rezone the subject property with the intent to
rehabilitate the existing structures and allow for Assisted Living, a form of Elderly Housing per
Subchapter 23 of the Denton Development Code (DDC). The current zoning district for the
property is Neighborhood Residential 3 (NR-3), which does not permit Elderly Housing. The
zoning district sought is Neighborhood Residential Mixed-Use 12 (NRMU-12) subject to a
restrictive overlay.
The subject property is unplatted and was originally developed between 1963-1965 as the
Fairhaven nursing home. The subject facility operated as a nursing home from its opening in
1965 until use of the facility was discontinued in 2009 and the Department of Housing and
Urban Development (HUD) foreclosed on the property. GreatVine Ministries purchased the
property from HUD in May 2011.
The zoning designation of the subject property at the time it was originally developed is
unknown as the City has no zoning map of that time. However, City records indicate that in
1969, the property was zoned as both Multiple Family District Restricted (MF-1), and Single
Family Dwelling District (SF-7). Neither of these zoning districts permitted nursing homes.
Nonetheless, a Certificate of Occupancy (CO) was issued by the City in 1970 for the use of the
structure as a nursing home. Based upon the issuance of this CO, and lacking any evidence to
the contrary, staff is treating the nursing home as a nonconforming use.
In February 2002, with adoption of the DDC, the property was rezoned NR-3 as part of a City-
wide rezoning, which does not permit Elderly Housing or nursing homes. The nursing home use
on the subject property discontinued around June 19, 2009 after defaulting on loan payments to
HUD, and HUD took action to relocate tenants. A foreclosure recommendation was sent
Agenda Information Sheet
May 15, 2012
Page 2
internally by HUD on October 14, 2009 and notices were sent to the owner of the violations and
default on December 17, 2009.
DDC Section 35.11.5.1.A.1 states:
use is discontinued for six (6) months or more, all
nonconforming rights shall cease, and the use of the premises shall be in conformance
with this Subchapter and all applicable codes of the City.
mean that the property or structure is vacant and no attempt to market the property is
observable on the property or from the exterior of any structure, or that the property or
structure is vacant and City taxes owned on property are delinquent. The Board may
grant a special exception to this provision only if the owner can show there was a clear
intent not to abandon the use even through the use may have been discontinued for six (6)
The nursing home was vacant for over six (6) months, and staff has no evidence of any attempts
to observably market the property during the foreclosure proceedings. In May 2011, GreatVine
Ministries purchased the subject property with the intent of operating an Assisted Living facility.
The applicant has chosen to move forward with a rezoning of the property to NRMU-12 to
accommodate the proposed Elderly Housing use.
It is noteworthy to mention that the subject buildings on the property were designed by Arch
Swank, who oland Laney. The subject property,
2400 N. Bell Avenue, and its structures do not have a local, state or national historic designation.
At the public hearing on February 22, 2012, the P&Z approved a motion to postpone
consideration of the rezoning request (6-0) to a date certain of March 14, 2012. After closing the
public hearing and the motion, Commissioner Lyke suggested the applicant hold another
neighborhood meeting, and prepare any overlay conditions and present those conditions at the
March 14, 2012 P&Z meeting. The applicant chose not to hold a subsequent public meeting and
did not provide staff with any overlay restrictions on behalf of their applicant.
At their public hearing on March 14, 2012, the P&Z recommended approval of the rezoning
request subject to a restrictive overlay, restricting uses. The restrictions on the proposed uses
were further restricted by the City Council at their meeting on April 17, 2012.
At the City Council meeting on April 17, 2012, the Council directed staff to further restrict the
overlay district; to remove all uses that could potentially be permitted with an SUP within the
proposed NRMU-12 zoning district and for staff to research the attributed architect of the
Fairhaven structures. The restrictive overlay, as requested by Council, is provided below in chart
format and the requested research is provided in Exhibit 11.
Agenda Information Sheet
May 15, 2012
Page 3
NRMU-
NR-3
Residential Land Use Categories 12
Agriculture P P
Livestock L(7) L(7)
Single Family Dwellings P P
SUP
Accessory Dwelling Units L(1) N
L(1)
Attached Single Family Dwellings SUP P N
Dwellings Above Businesses N P N
P N
Live/Work Units N
P N
Duplexes N
Community Homes For the Disabled P P
SUP N
Group Homes N
L(4) N
Multi-Family Dwellings N
Manufactured Housing Developments N N
P= Permitted, N=not permitted, SUP= Specific Use
Permit Required, L(X) = Limited as defined in
Section 35.5.8
Agenda Information Sheet
May 15, 2012
Page 4
NRMU-
NR-3
Commercial Land Use Categories 12
Home Occupation P P
Sale of Products Grown on Site N N
Hotels N N
Motels N N
Bed and Breakfast N L(10) N
Retail Sales and Service N L(15)N
Movie Theaters N N
Restaurant or Private Club N N
Drive-through Facility N N
L(14)N
Professional Services and Offices N
Quick Vehicle Servicing N N
Vehicle Repair N N
Auto and RV Sales N N
Laundry Facilities N P N
Equestrian Facilities N N
Outdoor Recreation P SUP N
Indoor Recreation N N
Major Event Entertainment N N
Commercial Parking Lots N N
Administrative or Research Facilities N N
Broadcasting of Production Studio N N
Sexually Oriented Business N N
L(38) N
Temporary Uses L(38)
P= Permitted, N=not permitted, SUP= Specific Use
Permit Required, L(X) = Limited as defined in
Section 35.5.8
Agenda Information Sheet
May 15, 2012
Page 5
NRMU-
NR-3
Industrial Land Use Categories
12
Printing / Publishing N N
Bakeries N N
Manufacture of Non-odoriferous Foods N N
Feed Lots N N
Food Processing N N
Light Manufacturing N N
Heavy Manufacturing N N
Wholesale Sales N N
Wholesale Nurseries N N
Distribution Center N N
Wholesale Storage and Distribution N N
Self-service Storage N N
Construction Materials Sales N N
Junk Yards and Auto Wrecking N N
Wrecker Services and Impound Lots N N
Kennels N N
Veterinary Clinics N N
Sanitary Landfills, Commercial
N N
Incinerators, Transfer Stations
SUP SUP
Gas Wells
L(27) L(27) N
P= Permitted, N=not permitted, SUP= Specific Use
Permit Required, L(X) = Limited as defined in
Section 35.5.8
Agenda Information Sheet
May 15, 2012
Page 6
NRMU-
NR-3
Institutional Land Use Categories 12
Basic Utilities L(25) L(25)
Community Service N P N
Parks and Open Space P P
Churches P P
Semi-public, Halls, Clubs, and Lodges SUP L(15) N
Business / Trade School N N
P N
Adult or Child Day Care SUP
P N
Kindergarten, Elementary School SUP
P N
Middle School N
High School N N
Colleges N N
Hospital N N
Elderly Housing N L(13)
Medical Centers N N
Cemeteries N N
Mortuaries N N
WECS (Free-standing Monopole Support
SUP SUP N
Structure)
WECS (Building-mounted) SUP SUP N
P= Permitted, N=not permitted, SUP= Specific Use
Permit Required, L(X) = Limited as defined in
Section 35.5.8
The following define the limitations to zoning uses when the zoning
permitted, but limited
L(1) = Accessory dwelling units are permitted, subject to the followi
1.The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
Agenda Information Sheet
May 15, 2012
Page 7
2.
The maximum number of accessory dwelling units shall not exceed 1 per lot.
3.The maximum gross habitable floor area (GHFA) of the accessory residential structure
shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not
exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5.
4.One additional parking space shall be provided that conforms to the off-street parking
provisions of this Chapter.
5.The maximum gross habitable floor area (GHFA) of the accessory residential structure
shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size
is equal to or greater than ten acres in size. An SUP is not required for such an accessory
residential structure where the lot size is equal to or greater than ten acres.
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 (13)
= Uses are limited to no more than 55,000 square feet of gross floor area per lot.
L(25) = If proposed use is within 200 feet of a residential zone, appr
Permit.
L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Produc
OPTIONS
1.Recommend approval as submitted.
2.Recommend approval subject to conditions.
3.Recommend denial.
4.Postpone consideration.
5.Table item.
RECOMMENDATION
APPROVAL
The Planning and Zoning Commission recommends of this rezoning request,
subject to a restrictive overlay district (7-0).
APPROVAL
The Development Review Committee recommends of this rezoning request.
Agenda Information Sheet
May 15, 2012
Page 8
PRIOR ACTION/REVIEW
1.City Council April 17, 2012
2.Planning and Zoning Commission March 14, 2012
3.Planning and Zoning Commission February 22, 2012
EXHIBITS
1.
2.Site/Location Map
3.Existing Site Plan
4.Existing Zoning Map
5.Proposed Zoning Map
6.Future Land Use Map
7.Notification Information
8.Site Photographs
9.Letter From Applicant
10.Notice of Public Hearing Responses
11.Requested Research (Provided under Separate Cover)
12.Planning and Zoning Commission, February 22, 2012, Meeting Minutes
13.Planning and Zoning Commission, March 14, 2012, Meeting Minutes
14.Ordinance
Prepared by:
Erica Marohnic, AICP
Senior Planner
Respectfully submitted:
Mark Cunningham, AICP, CPM
Director of Planning and Development
EXHIBIT 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEEE
STAFF REPORT
P&Z Date: February 22, 2012 & March 14, 2012 Type: Rezoning
CC Date: April 17, 2012 & May 15, 2012 Project #: Z11-0026
Project Number: Z11-0026
Request: Rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a
Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district on
approximately 3.3 acres.
Applicant: Spring Brook Planning Group
Larry Reichhart
2405 Mustang Drive
Grapevine, TX 76051
Property Owner: GreatVine Ministries
729 Grapevine Highway
Hurst, TX 76054
Location: The property is located east of Bell Avenue, approximately 500 feet
north of the northeast intersection of Sherman Drive and Bell Avenue
and is approximately 185 feet south of Sunrise Cove.
Size: 3.3 acres
Zoning Designation: Neighborhood Residential 3 (NR-3)
Future Land Use: Existing Land Use
Case Planner: Erica Marohnic, AICP
DRC Recommendation: The Development Review Committee recommends APPROVAL of this
rezoning request.
Summary of Analysis:
The subject property is currently developed with two one-story brick structures totaling
approximately 29,317 sq. ft., a parking area adjacent to Bell Avenue, concrete walkways through
the property and several wood decks. The property is also unplatted. GreatVine Ministries
proposes to rezone the subject property with the intent to rehabilitate the existing structures for
an Assisted Living Facility, a form of Elderly Housing. The requested NRMU-12 zoning district
would permit Elderly Housing with an L (13) limitation:
L (13) = Uses are limited to no more than fifty-five thousand (55,000) square feet of
gross floor area per square lot.
The existing conditions of the property are in compliance with the L (13) limitation as well as the
density, bulk, dimensional and setback requirements for NRMU-12 (Exhibit 3).
The zoning district sought would allow the historical use for Elderly Housing to be reinstated
and for rehabilitation and possible future expansion. The potential for other uses of the property
would occur with rezoning to an NRMU-12 district including: attached single-family dwelling
units, dwelling above businesses, live/work units, duplexes, a bed and breakfast, retail sales and
services, professional service and offices, laundry facilities, semi-public halls, clubs and lodges,
adult or child day cares, kindergarten or elementary schools or a middle school. The following
uses would be permitted if a Specific Use Permit (SUP) were sought, group homes, multifamily
dwellings and outdoor recreation.
The proposed rezoning is compatible with the underlying future land use category and DDC.
Future platting and construction may be anticipated with approval of the rezoning and
rehabilitation of the site.
The following is a comparison of permitted uses between the NR-3 and NRMU-12 zoning
districts:
NRMU-
NR-3
Residential Land Use Categories 12
Agriculture P P
Livestock L(7) L(7)
Single Family Dwellings P P
SUP
Accessory Dwelling Units L(1)
L(1)
Attached Single Family Dwellings SUP P
Dwellings Above Businesses N P
Live/Work Units N P
Duplexes N P
Community Homes For the Disabled P P
Group Homes N SUP
Multi-Family Dwellings N L(4)
Manufactured Housing Developments N N
NRMU-
NR-3
Commercial Land Use Categories 12
Home Occupation P P
Sale of Products Grown on Site N N
Hotels N N
Motels N N
Bed and Breakfast N L(10)
Retail Sales and Service N L(15)
Movie Theaters N N
Restaurant or Private Club N N
Drive-through Facility N N
Professional Services and Offices N L(14)
Quick Vehicle Servicing N N
Vehicle Repair N N
Auto and RV Sales N N
Laundry Facilities N P
Equestrian Facilities N N
Outdoor Recreation P SUP
Indoor Recreation N N
Major Event Entertainment N N
Commercial Parking Lots N N
Administrative or Research Facilities N N
Broadcasting of Production Studio N N
Sexually Oriented Business N N
Temporary Uses L(38) L(38)
NRMU-
NR-3
Industrial Land Use Categories
12
Printing / Publishing N N
Bakeries N N
Manufacture of Non-odoriferous Foods N N
Feed Lots N N
Food Processing N N
Light Manufacturing N N
Heavy Manufacturing N N
Wholesale Sales N N
Wholesale Nurseries N N
Distribution Center N N
Wholesale Storage and Distribution N N
Self-service Storage N N
Construction Materials Sales N N
Junk Yards and Auto Wrecking N N
Wrecker Services and Impound Lots N N
Kennels N N
Veterinary Clinics N N
Sanitary Landfills, Commercial
N N
Incinerators, Transfer Stations
SUP SUP
Gas Wells
L(27) L(27)
NRMU-
NR-3
Institutional Land Use Categories
12
Basic Utilities L(25) L(25)
Community Service N P
Parks and Open Space P P
Churches P P
Semi-public, Halls, Clubs, and Lodges SUP L(15)
Business / Trade School N N
Adult or Child Day Care SUP P
Kindergarten, Elementary School SUP P
Middle School N P
High School N N
Colleges N N
Hospital N N
Elderly Housing N L(13)
Medical Centers N N
Cemeteries N N
Mortuaries N N
WECS (Free-standing Monopole Support
SUP SUP
Structure)
WECS (Building-mounted) SUP SUP
The following define the limitations to zoning uses when the zoning matrix identify a use as
permitted, but limited
L (1)
= Accessory dwelling units are permitted, subject to the following additional criteria:
1.The proposal must conform to the overall maximum lot coverage and setback
requirements of the underlying zone.
2.
The maximum number of accessory dwelling units shall not exceed 1 per lot.
3.The maximum gross habitable floor area (GHFA) of the accessory residential structure
shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not
exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5.
4.One additional parking space shall be provided that conforms to the off-street parking
provisions of this Chapter.
The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not
exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or
greater than ten acres in size. An SUP is not required for such an accessory residential (13)
L (4)
= Multi-family is permitted only:
1.With a Specific Use Permit; or
2.As part of a Mixed-Use Development; or
3.As part of a Master Plan Development, Existing; or
4.If the development received zoning approval allowing multi-family use within one year
prior to the effective date of Ordinance No. _2005-224; or
5.If allowed by a City Council approved neighborhood (small area) plan.
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 (13)
= Uses are limited to no more than 55,000 square feet of gross floor area per lot.
L (14)
= Uses are limited to no more than 10,000 square feet of gross floor area.
L (15)
= Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP
is required for additional square footage for Semi-Public Halls, Clubs and Lodges.
L (27)
= Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production.
L (38)
= Must meet the requirements of Section 35.12.9.
35.5.2.3 General Regulations.
General regulations of the Residential Neighborhood land use zon
The following limits apply to subdivision of 2 acres or less:
NRMU-
NR-3
General Regulations 12
Minimum lot area (square feet) 10,000 3,500
Minimum lot width 60 feet 30 feet
Minimum lot depth 80 feet 80 feet
15 feet
Minimum front yard setback 10 feet
L(2)
Minimum side yard 6 feet 6 feet
Minimum side yard adjacent to a street 10 feet 10 feet
Minimum rear yard 10 feet 10 feet
The following limits apply to subdivision of more than 2 acres in lieu of minimum lot
NRMU-
NR-3
General Regulations
12
Maximum density, dwelling units per acre 3.5 12
Minimum side yard for non-attached
6 feet 10 feet
buildings
The following limits apply to all buildings:
NRMU-
NR-3
General Regulations
12
Maximum lot coverage 50% 60%
Minimum landscaped area 55% 40%
Maximum building height 40 feet 40 feet
Maximum WECS height 55 feet 55 feet
10 feet 15 feet
plus 1 plus 1
foot for foot for
each each
Minimum yard when abutting a single-
foot of foot of
family use or district
building building
height height
above above
20 feet 20 feet
Recreational
Center on Thursday, January 19, 2012. There were approximately nine persons in attendance
consultant included a presentation of the history of the property and why the applicant was
seeking a rezoning. Issues asked and discussed by meeting attendees included maintenance of
the property specific to the ditch between Fairhaven and the subdivision to the north, questions
related to why TWU had not purchased the property for student housing, the appeal option for
the applicant to the Zoning Board of Adjustment for a Special Exception, neighborhood
protection, purview of the Historic Landmark Commission over the property/structures,
architecture to the Denton community, support from the Bell Avenue
Conservation Historic District for a Special Exception but not for a blanket rezoning and the
possibility of the property redeveloping for multifamily student housing.
A second neighborhood meeting was not held by the applicant after the February 22, 2012 P&Z
hearing.
Findings of Fact
1.The applicant is requesting to rezone approximately 3.3 acres from a Neighborhood
residential 3 (NR-3) to a Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning
district. The subject property is located within the Existing Land Use future land use
category.
2.The property is unplatted. There are two structures, the most western structure is
approximately 14,927 sq. ft. and the second structure behind it is approximately 14,390
sq. ft. Each building is one story in height. The property has been historically utilized as
a nursing home.
3.Prior to the adoption of the DDC in 2002, the subject site had a split zoning of Multiple
Family District Restricted (MF-1) and Single Family Dwelling District (SF-7).
4.The purpose of the Existing Land Use Districts is defined by the Denton Plan as, Within
established residential areas, new development should respond to existing development
with compatible land uses, patterns, and design standards. The plan recommends that
existing neighborhoods within the city be vigorously protected and preserved. Housing
that is compatible with the existing density, neighborhood service, and commercial land
uses is allowed.
5.Land Use categories within the Neighborhood/Residential districts include Neighborhood
Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3
(NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6),
Neighborhood Residential Mixed-Use 12 (NRMU-12) and Neighborhood Residential
Mixed-Use (NRMU).
6.Adequate public facilities shall be a criterion by which zoning is granted.
7.The subject site is not located within an Overlay, Historic or Conservation District.
8.There is one planned public improvement for sanitary sewer within the subject property
boundaries The Capital Improvements Plan, currently in the design stage, involves the
replacement of the existing gravity sewer that goes through the southern portion of this
property. This existing pipe is 6-inches and the proposed pipe will be 8-inches.
9.There are no identified environmentally sensitive areas located on site.
10.Bell Avenue is classified as an improved perimeter street.
11.Additional right-of-way will be required to serve future development.
12.An existing 12-inch potable water main is along Bell Avenue and will continue to serve
the property.
13.An existing 6-inch gravity sewer line is available along and
eastern property line and will continue to serve the property.
14.Anticipated water demand is approximately 46 gallons per minute (GPM).
15.Anticipated wastewater demand is approximately 29 GPM.
16.Anticipated storm water demand is approximately 23 cubic feet per second (CFS).
17.Anticipated transportation demand is approximately 277 trips per day.
18.Expansion of existing facilities will not be required for rehabilitation of the subject
property. Off-site improvements and/or right-of-way dedication may be required if
intensity of proposed future uses necessitates.
Planning and Zoning Commission Recommendation
APPROVAL
The Planning and Zoning Commission recommends of this rezoning request,
subject to a restrictive overlay district.
APPROVAL
The Development Review Committee recommends of this rezoning request.
Development Review Committee
Based upon the information provided by the applicant, staff analysis and a recent site visit, the
IS
Development Review Committee finds that with the recommended conditions the request
CONSISTENT IS
with the surrounding land uses and general character of the area,
CONSISTENT IS CONSISTENT
with the Denton Plan, and with the Denton Development
Code.
Based upon the findings-of-fact, the Development Review Committee (DRC) recommends
APPROVAL
of this rezoning request.
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:
Neighborhood Residential Mixed-Neighborhood Residential 4 (NR-4) Neighborhood Residential 3 (NR-3)
Use 12 (NRMU-12) Sunrise Cove Addition Calvary United Pentecost
Fox Fire Apartments (Single-family) (Religious)
(Multifamily)
West: Subject Property East:
Neighborhood Residential 3 (NR-3) Neighborhood Residential 3 (NR-3) Neighborhood Residential Mixed-
and Neighborhood Residential Former Fairhaven Use (NRMU)
Mixed-Use 12 (NRMU-12) (formerly Elderly Housing) Undeveloped and former Piggly
Gateway United Baptist Church and Wiggly Grocery Store
Pinecrest Apartments (Vacant and Commercial)
(Religious and Multifamily)
Southwest: South: Southeast:
Neighborhood Residential Mixed-Neighborhood Residential Mixed-Neighborhood Residential Mixed-
Use 12 (NRMU-12) Use 12 (NRMU-12) Use (NRMU)
Gardenview Garden Apartments Trinity Presbyterian Church Former Piggly Wiggly Grocery
(Vacant and Multifamily ) (Religious) Store
(Commercial)
Source: City of Denton Geographical Information System and site visit by City staff
Summary of Surrounding Zoning Designations and Current Land Use Activity:
The area within a ¼ mile radius of the property is comprised of approximately 149 acres. Within
this ¼ mile radius of the property are a range of uses from each land use category of the DDC,
such as commercial, government, religious, single-family, multifamily and undeveloped
property. There are approximately 7.058 acres of commercial land; approximately 0.063 acres
classified as government; approximately 10.743 acres classified as religious; approximately
5.621 acres classified as undeveloped, approximately 90.459 acres classified as single-family;
and approximately 35.400 acres classified as multifamily.
Comprehensive Plan:
A.Consistency with Goals, Objectives and Strategies
The Denton Development Code states the purpose of the Existing Land Use/Infill Compatibility
is to,
ment should respond to existing
development with compatible land uses, patterns, and design standards. The plan
recommends that existing neighborhoods within the city be vigorously protected and
preserved. Housing that is compatible with the existing density, neighborhood service,
The historical and proposed use of the property and the existing and proposed zoning districts are
consistent with the Goals, Objectives and Strategies of the Denton Plan.
Zoning Allocation:
The site includes approximately 3.3 acres zoned NR-3. The rezoning case would affect the
zoning allocation of the NR-3 and NRMU-12 zoning districts within the City. Currently, there is
approximately 3,806.768 acres of land within the city that is zoned NR-
proposal is approved, the NR-3 allocation within the city will decrease to 3,803.468 acres. The
NRMU-12 allocation within the city will increase from 1,179.547 acres to approximately
1,182.847 acres.
Zoning Allocation
Current Allocation Proposed Allocation
Zoning District
(acres) (acres)
NR-3
3,806.768 3,803.468
(Existing and Proposed)
NRMU-12
1,179.547 1,182.847
(Existing and Proposed)
Nearest Elementary, Middle, and High School
If future development of the site was not age restricted, according to the Denton Independent
School District (DISD), Ginnings Elementary School, Strickland Middle School and Denton
High School are the schools that school-aged children would attend. The functional capacity for
Denton High School is unknown at this time.
Name of School Approximate Distance
From Subject Property
Ginnings Elementary 1.5± miles
School
Strickland Middle
0.6 ± miles
School
Denton High School
1.6± miles
Nearest Fire and EMS Station
Approximate Distance From
Name of Station
Subject Property
Fire/EMS Fire Station # 4 (2110 E. Sherman Drive) 1.48 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
3.3 ± acres Proposed Demand
or No)
Permitted Density 12 du/acre for NRMU-12 Yes
Potable Water
Consumption (GPM 46 (peak hour) Yes
at peak hour)
Wastewater
Generation (GPM at 29 (peak hour) Yes
peak hour)
B. Available Capacity:
The anticipated water demand for this development is approximately 46 GPM at peak hour.
Water is currently available from the existing 12-inch main along Bell Avenue. The existing 16-
inch main along portion of the western property line
is not available for service taps.
Sewer is available from existing gravity 6-
property line and a portion of the eastern property line.
The existing water and sewer mains to serve this property have adequate capacity.
C. Capital Improvements Projects (CIP) Planned Improvements:
There is a CIP currently in the design stage involving the replacement of the existing gravity
sewer that goes through the southern proportion of this site. The existing pipe size is 6-inches
and the proposed pipe size is 8-inches.
Roadways/Transportation Network:
A. Estimated Demand:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
3.3 ± acres Proposed Demand
or No)
Permitted Density 12 units/AC for NRMU-12 Yes
Average Annual
277 Yes
Daily Trips (AADT)
PM Peak Hour Trips 28 Yes
B. Available Capacity:
Bell Avenue has available capacity to accommodate the proposed rezoning.
C. Roadway Conditions:
Bell Avenue is classified as an improved perimeter street.
D. CIP Planned Improvements:
There are no planned CIP projects for Bell Avenue in this area.
Environmental Conditions:
Surface Water:
There is no surface water on site.
B. Environmentally Sensitive Areas:
There are no environmentally sensitive areas on site.
Wells (Public/Private):
There are no wells, public or private on site. Any future development would be served by City
potable water.
Airports:
Electric:
The electrical provider in the area is Denton Municipal Electric (DME).
Comments from other Departments:
None.
EXHIBIT 2
SITE/LOCATION MAP
Subject
Site
EXHIBIT 3
EXISTING SITE PLAN
EXHIBIT 4
EXISTING ZONING MAP
NR-3
EXHIBIT 5
PROPOSED ZONING MAP
NRMU-12
EXHIBIT 6
FUTURE LAND USE MAP
Existing
Land
Use
EXHIBIT 7
NOTIFICATION MAP
Public Notification Date: February 12, 2012
19
62
In Opposition: 0
In Favor: 1 (3.04%)
Neutral: 1 (3.80%)
EXHIBIT 8
SITE PHOTOS
East Towards Property
Northeast Towards Property
Southeast Towards Property
East Towards Property
Northeast Towards Property Southeast Towards Property
EXHIBIT 9
LETTER FROM APPLICANT
EXHIBIT 10
NOTICE OF PUBLIC HEARING RESPONSES
EXHIBIT 11
(Provided under Separate Cover)
EXHIBIT 12
PLANNING AND ZONING COMMISSION, FEBRUARY 22, 2012, MEETING
MINUTES
EXHIBIT 13
PLANNING AND ZONING COMMISSION, MARCH 14, 2012, MEETING MINUTES
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012
DEPARTMENT:
Parks and Recreation
ACM:
Fred Greene
______________________________________________________________________________
SUBJECT
Consider approval of a resolution naming the Rail Trail pedestrian bridge over Loop 288 after
Dr. Martin Luther King, Jr.
BACKGROUND
At the May 8, 2012 Council discussed the request from former Council Member Charlye Heggins
to name the Denton Branch Rail Trail pedestrian bridge the Dr. Martin Luther King, Jr. Bridge.
In accordance with the revised naming policy, which Council approved on April 3, 2012, Council
directed staff to bring this action forward as a resolution for consideration at the May 15, 2012 City
Council meeting.
Construction on the bridge is expected to begin late June 2012.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On October 19, 2010, a Professional Services Agreement was approved with the engineering
consulting firm of Lockwood, Andrews & Newnam, Inc. for the design and specifications for the
construction of a Pedestrian and Bicycle Bridge over Loop 288 as part of the Denton Branch Rail
Trail project. The contract to construct the bridge is scheduled to be included on the May 15, 2012
consent agenda.
FISCAL INFORMATION
The policy states that the party requesting the naming is responsible for all costs associated with
signage unless City Council waives this requirement.
EXHIBITS
1.Resolution
Respectfully submitted:
Emerson Vorel, Director
Parks and Recreation Department
AGENDA INFORMATION SHEET
AGENDA DATE:
May 15, 2012 Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Emerson Vorel at 349-7460
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting proposals and awarding a public works contract for
the construction of the Denton Branch Rail Trail at Loop 288 Pedestrian Bridge; providing for
the expenditure of funds therefor; and providing an effective date (Bid 4868-awarded to Massana
Construction, Inc. in the amount of $1,718,138.40).
BID INFORMATION
The Denton Branch Rail Trail parallels the new Denton County Transit Authority (DCTA)
commuter rail line for eight miles from downtown Denton to Lake Dallas. A grant for a
pedestrian bridge over the multi lane Loop 288 highway was submitted and received in 2008 to
provide for a safe and efficient crossing for pedestrians and bicyclists using the trail for
recreation and access to the train stations. Public meetings were held and a design was
engineered for solicitation of bids for the construction of the 900 linear foot pedestrian bridge
over Loop 288 on the Denton Branch Rail Trail. Invitation for bids (IFB) were advertised in the
local newspaper in accordance with Local Government Code 252.041 and sent to twenty area
vendors on December 20, 2011. Firms located in Denton were included, but no local responses
were received.
RECOMMENDATION
Staff recommends awarding to the lowest responsible bidder meeting specification, Massana
Construction, Inc., in the amount of $1,718,138.40.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
Council approved a Professional Services Agreement on October 19, 2010, with the engineering
consulting firm of Lockwood, Andrews & Newnam, Inc. for the design and specifications for the
construction of a Pedestrian and Bicycle Bridge over Loop 288 as part of the Denton Branch Rail
Trail project in the amount of $134,067.00.
Agenda Information Sheet
May 15, 2012
Page 2
PRINCIPAL PLACE OF BUSINESS
Massana Construction, Inc.
Tyrone, GA
ESTIMATED SCHEDULE OF PROJECT
Construction is expected to begin July 2012 with completion in 147 working days. The
construction will require coordination with DCTA operations and the Texas Department of
Transportation (TxDOT).
FISCAL INFORMATION
The City of Denton applied for Regional Toll Revenue (RTR) grant funding from State Highway
121 tolling proceeds for several major transportation projects in August 2007. In August 2008,
the City was notified that the Denton Branch Rail Trail Pedestrian Bridge project (trail bridges
over Pecan Creek near MP 722 and over Loop 288 near MP 724) was selected for the RTR
funding.
TxDOT notified the City on July 12, 2010, of approval of the advanced funding contract
agreements and transferred 80% funding to the City of Denton ($1,165,145.00 State;
$291,286.00 Local) for a total project cost contribution of $1,456,431.00. Additional funding
will be provided from Park Department Gas Well Revenues, completed Capital Improvement
Project revenues and interest, and a Developer Grant in Construction. The funds will be
deposited into account #40008444.1365.40100. Requisition #108052 has been entered in the
Purchasing software system.
EXHIBITS
Exhibit 1: Tabulation sheet
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-Bid 4868
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING PROPOSALS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE DENTON BRANCH RAIL TRAIL AT LOOP
288 PEDESTRIAN BRIDGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (BID 4868-AWARDED TO MASSANA
CONSTRUCTION, INC. IN THE AMOUNT OF $1,718,138.40).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
4868 Massana Construction, Inc. $1,718,138.40
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
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 Bid 4868 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-Bid 4868