HomeMy WebLinkAboutJune 19, 2012 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
June 19, 2012
After determining that a quorum is present, the City Council of the City of Denton, Texas will
4:00 p.m.
convene in a Work Session on Tuesday, June 19, 2012 at in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each
speaker will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for June 19, 2012.
3. Receive a report, hold a discussion and give staff direction regarding project
recommendations from the Citizens Bond Advisory Committee and the Public Art
Committee for the November 2012 Bond Election.
4. Receive a report, hold a discussion, and give staff direction regarding amending the
Denton Development Code by adding Fraternity or Sorority House, Dormitory,
Conference/Convention Center, Distribution Center/Warehouse (General) and
Warehouse (Retail) as land uses in Subchapter 35.5, by removing Distribution Center and
Warehouse Storage and Distribution as land uses in Subchapter 35.5, by removing
language regarding minimum residential lot size and adding language regarding
maximum persons occupying a dwelling in Subchapter 35.12, by amending the parking
requirements for fraternity or sorority houses, and dormitories in Subchapter 35.14, by
adding definitions for Conference/Convention Center, Distribution Center/Warehouse
(General), Warehouse (Retail), Fraternity, and Sorority in Subchapter 35.23, and by
revising the existing definitions of Family, Dormitory, Accessory Dwelling, Duplex,
Manufactured Home, Mobile Home, Multi-Family Dwelling, Single-Family Detached
Dwelling, Single-Family Attached Dwelling, Dwelling/Dwelling Unit, Efficiency
Dwelling Unit, and Fraternity or Sorority House in Subchapter 35.23. The Planning and
Zoning Commission recommends approval (6-0).
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
CLOSED MEETING
1.Closed Meeting:
City of Denton City Council Agenda
June 19, 2012
Page 2
A. Consultation with Attorneys – Under Texas Government Code, Sec. 551.071.
Deliberations Regarding Real Property – Under Texas Government Code, Sec.
551.072.
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. 927,
Denton County, Texas, and located generally along the west side of
Mayhill Road, within the 200 block and the 600 to 800 block range of
North Mayhill 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 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.
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.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
“Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and
indivisible.”
2. PROCLAMATIONS/PRESENTATIONS
A.Proclamations/Awards
1. Parks and Recreation Month
City of Denton City Council Agenda
June 19, 2012
Page 3
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A – I). 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 – I below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A.Consider approval of a resolution nominating a member to the Board of Managers
of the Denco Area 9-1-1 District; and declaring an effective date.
B.Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of Neptune
Water Meters from HD Supply Waterworks, LTD, 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
4857–Purchase of Neptune Water Meters for the City of Denton in the five year
estimated amount of $125,000).
C.Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of BIOXIDE
Products from Siemens Industry, 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 4962–Purchase of
BIOXIDE for Wastewater Department in the annual estimated amount of $95,000
with a not to exceed amount of $475,000 over a five year period). The Public
Utilities Board recommends approval (5-0).
D.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 2.613 acre tract; (ii) a slope easement, encumbering a
0.270 acre tract; and (iii) a temporary construction grading and access easement,
encumbering a 0.161 acre tract, all tracts situated in the M.E.P. & P.R.R.
Company Survey, Abstract No. 927, located in the City of Denton, Denton
County, Texas, as more particularly described on Exhibit “A”, attached to the
ordinance, located generally at the northwest corner of Mayhill Road and Russell
Newman Boulevard (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 Martino Realty Limited
Partnership, a Texas limited partnership, to purchase the Property Interests for the
purchase price of Two Hundred Ninety Seven Thousand One Hundred Forty
Dollars and No Cents ($297,140.00), and other consideration, as prescribed in the
City of Denton City Council Agenda
June 19, 2012
Page 4
Purchase Agreement, as 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.
E.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 0.851 acre tract; and (ii) a slope easement, encumbering
a 0.362 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 at the
southwest corner of Mayhill Road and Russell Newman Boulevard (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 Martino Realty Limited Partnership, a Texas limited partnership,
to purchase the Property Interests for the purchase price of One Hundred Five
Thousand Three Hundred Twenty Three Dollars and No Cents ($105,323.00), 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.
F.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.360 acre tract situated in the M.E.P. & P.R.R. Company
Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas,
as more particularly described on Exhibit “A”, attached to the ordinance, located
generally in the 200 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
Vonnie George to purchase the Property Interests for the purchase price of Thirty
Eight Thousand One Hundred Thirty Five Dollars and No Cents ($38,135.00),
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.
G.Consider adoption of an ordinance authorizing the City Manager or his designee
to execute on behalf of the City of Denton, Texas a Memorandum of Agreement
(“MOA”) contemplating a real estate conveyance from the City of Denton to the
State of Texas, of a 2,174 square foot tract of real property, being a portion of the
tract conveyed by deed to the City of Denton, recorded in Volume 2978, Page
909, Real Property Records, Denton County, Texas, and being a portion of Lot A,
Block 1 of the R.N.W. Addition, an addition to Denton County, Texas, recorded
in Cabinet H, Page 338, Plat Records, Denton County, Texas and generally
located at 3228 Teasley Lane, Denton, Texas (the “Land”); authorizing execution
of a deed without warranty (herein so called) conditionally effectuating such real
estate conveyance; and providing an effective date.
H.Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a temporary license agreement (the “Agreement”), by and between the
City of Denton, Texas and Atmos Energy Corporation, a Texas Corporation
(“Atmos”), granting a license to Atmos to temporarily access certain City owned
lands located in the Gideon Walker Survey, Abstract Number 1330, located
City of Denton City Council Agenda
June 19, 2012
Page 5
generally 2000 feet south of the 6000 block of East McKinney Street, City of
Denton, Denton County, Texas, in connection with Atmos’ Lake Dallas Natural
Gas Storage Facility; and providing an effective date.
I.Consider approval of the minutes of:
May 15, 2012
May 22, 2012
June 4, 2012
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointing a nominating committee to recommend appointees to serve
on the Economic Development Partnership Board.
5.PUBLIC HEARINGS
A.Hold a public hearing and consider adoption of an ordinance granting approval of
a sub-surface use of a portion of Nette Schultz Park and Avondale Park for the
purpose of a sewer line easement in accordance with Chapter 26 of the Texas
Parks and Wildlife Code; providing for the issuance of a sewer easement; and
providing an effective date. The Parks, Recreation and Beautification Board
recommends approval (5-0).
6. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Bob Clifton regarding a Convention Center/Hotel on UNT property.
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
City of Denton City Council Agenda
June 19, 2012
Page 6
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:
June 19, 2012
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Receive a report, hold a discussion, and provide direction regarding project recommendations
from the Citizens Bond Advisory Committee and the Public Art Committee for the November
2012 Bond Election.
BACKGROUND
Over the last several years, the quality of the streets in the City of Denton has deteriorated. As a
result, the Citizens Bond Advisory Committee is proposing a $20.4 million bond program that is
primarily focused on improving street infrastructure. The program assumes no tax rate increase,
and it is expected that voters would be requested to approve the program in the November 6,
2012, election.
On April 3, 2012, the City Council formally created a Citizens Bond Advisory Committee to
provide recommendations on projects to be financed with General Obligation bonds.
Additionally, the City Council appointed twenty-one (21) members of the public to serve on the
Committee, and Mr. Tim Crouch and Mr. Marty Rivers were appointed as Co-Chairpersons of
the Committee.
The Committee met on April 23, May 7, May 21, June 4, and June 11 to discuss the condition of
existing streets in the community. In addition, the Committee also conducted a tour of various
streets on May 26, and on June 6, the Committee presented their preliminary project
recommendations to the Planning and Zoning Commission, as required by City Charter.
The Committee focused their attention on streets which have an Overall Condition Index (OCI)
value of 40 or less (on a 100 point scale). Streets with this value are considered to be poor
streets, and as such, the Committee expressed an interest in focusing on the worst streets in the
community.
The Committee also initiated a public information campaign in May. The purpose of this
campaign was to request bond project recommendations from citizens. To this end, the
Committee received a number of recommendations from the public, and each citizen proposal
was discussed specifically by the Committee to determine whether it should be recommended in
the upcoming bond package. Most notably, Scripture Street from Ector to Malone was added to
the list of recommended projects due to the feedback received from the public.
Agenda Information Sheet
June 19, 2012
Page 2
In 2006, the City Council approved a Public Art Policy which stated The City of Denton shall
include a base of 2% for the arts from all future Capital Improvement Programs, with the option
definition of visual art including all artistic di
$800,000 of the proposed $20 million bond program for street reconstruction would need to be
reserved for public art funding.
Since a single issue bond program for street infrastructure had not been anticipated when this
policy was drafted, the City Council also asked the Citizens Bond Advisory Committee to
provide a recommendation on whether the policy should be applied in the upcoming bond
program. On May 7, the Citizens Bond Advisory Committee formally recommended to the City
Council that public art be included in the upcoming bond program. On May 15, the City Council
directed staff to include 2% of the upcoming bond program for public art. Further, the City
Council asked the Public Art Committee to provide project recommendations.
To this end, the Public Art Committee met on May 24 and May 30 to consider recommendations
to the City Council. On June 1, the Public Art Committee formally voted to recommend that
public art be included for the Interstate 35 (I-35) Corridor in the upcoming bond program. It is
anticipated that artistic designs will be constructed in the concrete retaining walls which
accompany the expansion of I-35.
After reviewing citizen recommendations, Planning and Zoning Commission feedback,
recommendations from the Public Art Committee, and other information, the Committee voted
on June 11 to formally recommend projects to the City Council for consideration. As part of this
recommendation, the Committee voted in favor of the Public Art Committee recommendations
as well.
The purpose of this item is to provide an opportunity for the Citizens Bond Advisory Committee
to present their project recommendations to the City Council including the recommendations
from the Public Art Committee. Exhibit 1 provides a detailed summary of the street segments
that are recommended for reconstruction, and Exhibit 2 provides a PowerPoint presentation
which summarizes the recommendations of both Committees. The minutes from the Citizens
Bond Advisory Committee meeting on June 11 are attached as Exhibit 3.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
At the January 31, 2012, Annual Planning Session, 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).
Agenda Information Sheet
June 19, 2012
Page 3
On February 21, 2012, the City Council discussed the proposed bond election, calendar of
events, and Citizens Bond Advisory Committee appointment process.
On March 6, 2012, the City Council appointed members of the public to the Citizen Bond
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 April 23, 2012, the Citizens Bond Advisory Committee met to discuss developing
recommendations for the upcoming bond program.
On May 7, 2012, the Citizens Bond Advisory Committee met to discuss developing
recommendations for the upcoming bond program. The Committee also recommended that
public art be included in the upcoming bond program.
On May 15, 2012, the City Council indicated that 2% of the upcoming bond program should be
devoted to public art.
On May 21, 2012, the Citizens Bond Advisory Committee met to discuss developing
recommendations for the upcoming bond program.
On May 24, 2012, the Public Art Committee discussed the upcoming bond program and potential
projects.
On May 26, 2012, the Citizens Bond Advisory Committee conducted a tour of various streets in
City.
On May 30, 2012, the Public Art Committee discussed the upcoming bond program and potential
projects.
On June 1, 2012, the Public Art Committee recommended that public art in the I-35 Corridor be
included in the upcoming bond program.
On June 4, 2012, the Citizens Bond Advisory Committee met to discuss developing
recommendations for the upcoming bond program.
On June 6, 2012, the Citizens Bond Advisory Committee discussed their preliminary
recommendations with the Planning and Zoning Commission to receive their feedback.
On June 11, 2012, the Citizens Bond Advisory Committee formally voted to forward their
recommendations to the City Council for consideration.
Agenda Information Sheet
June 19, 2012
Page 4
EXHIBITS
Exhibit 1: Summary of Streets Recommended for Upcoming Bond Program
Exhibit 2: PowerPoint Presentation
Exhibit 3: Minutes from June 11 Citizens Bond Advisory Committee meeting
Respectfully submitted:
Bryan Langley
CFO and Director of Strategic Services
EXHIBIT 3
Citizens Bond Advisory Committee
Monday, June 11, 2012
Meeting Minutes
The Citizens Bond Advisory Committee convened in a regular meeting on Monday, June 11,
2012, at 6:05 p.m. in the Facilities Management Training Room, 869 South Woodrow, Denton,
Texas.
PRESENT:
Committee Co-Chairs: Tim Crouch and Marty Rivers;
Committee Members:Randall Boyd, Amber Briggle, Michael
Gibson, Gerard Hudspeth, Ron Johnson, Raina Joines, Rhonda Love,
,
Randy RobinsonDavid Sanchez, Gus Seligmann, Kurt Staller,
Michael Thomas, and Jo Williams
STAFF PRESENT:
Jon Fortune, Assistant City Manager; Jim Coulter, General Manager
of Water Administration; Tim Fisher, Division Manager of Water
Administration; Keith Gabbard, Streets and Drainage
Superintendent; and Theresa Jaworski, Recording Secretary
OPEN MEETING
1) Consider approval of the June 4, 2012, Citizens Bond Advisory Committee meeting
minutes.
Committee Member Raina Joines motioned to approve the June 4, 2012, Citizens Advisory
Committee meeting minutes. Committee Member Michael Gibson seconded the motion.
Motion passed unanimously.
2) Receive a report, hold a discussion, and provide staff with direction regarding street
project recommendations received from citizens.
Jon Fortune, Assistant City Manager, introduced the combined street project
recommendations received from the public to-date as well as the additional information on
Mockingbird Lane and Scripture that the Committee had requested during the June 4
Meeting.
Tim Fisher, Division Manager of Water Administration, provided summaries on the
Mockingbird Street information. Tim reviewed the three options of 1) staying with the
original recommended street reconstruction plan 2) add Mockingbird and delete Oak Park
and Diane or Northwood and 3) add Mockingbird McKinney to Paisley, and delete various
other street projects. He also shared the maps showing streets that may be added with the
corresponding streets that would be removed from the list.
The Committee discussed the similarity in street conditions, the surrounding neighborhoods,
and traffic involved.
1
Committee Member Gerard Hudspeth motioned to go with Option 2 and add Mockingbird
but only the initial segment. Committee Member Jo Williams seconded the motion.
The Committee discussed the traffic in the Mockingbird and McKinney area and the OCI
condition of the streets that would be omitted from the list, if Mockingbird is added.
On the vote for the motion to go with Option 2, add Mockingbird but only the initial
segment, Committee voted seven in favor and eight opposed. Motion failed.
Committee Member Kurt Staller motioned that the Committee go with Option 1 and stay
inal street reconstruction plan. Committee Member Randall Boyd seconded
the motion. Vote was nine in favor of staying with Option 1 and six opposed. Motion to go
with Option 1 to passed.
Fisher reviewed the information on Scripture Street, and discussed 1) adding Scripture and
deleting Hillcrest and Emory or 2) adding Scripture and deleting Linden, Wolftrap and
Oakhurst. Fisher added that these are some of the worst scored streets on the recommended
list and a scattered segment. There is also a high probability that reconstruction of Scripture
from Jagoe to Ector would include a wastewater replacement line due to the age and
deteriorated condition. This would result in an additional cost for the street reconstruction.
The Committee discussed the additional cost for the wastewater line replacement work and
coordinating with Wastewater and Streets going forward with the repair, prior to the street
reconstruction, if Scripture is included in the recommended streets for reconstruction.
Committee Member Hudspeth motioned to leave the recommendations as they are. Randall
Boyd seconded the motion.
The Committee considered the offset road locations and conditions and the traffic conditions
on Scripture.
On the motion to leave the recommendations as they are and not include Scripture, vote
count is six in favor and nine against. The motion failed.
Committee Member Gus Seligmann motioned to add Scripture Street from Ector to Malone
to the staff recommended street list for reconstruction and remove Hillcrest and Emory.
Michael Gibson seconded the motion. Vote was nine in favor and six opposed. Motion
passed
Co-Chair Crouch directed the attention of the Committee to the remaining streets
recommended by citizens: Alice, Bernard, Morse, and Robertson.
Tim Fisher shared OCI and street conditions and some upcoming utility projects for the
remaining streets.
Committee Member Seligmann motioned to approve the amended list to include Scripture
Street and seconded by Michael Gibson. Motion carried unanimously.
2
3) Receive a report, hold a discussion, and consider a formal recommendation to the City
Council regarding proposed general obligation bond projects for the November 2012
Bond Election.
Co Chair Crouch briefed the Committee on the presentation he, Co-Chair Marty Rivers, and
Jo Williams made to the Planning and Zoning Committee on June 6, drawing particular
attention to the copies of the proposed art projects provided in the meeting backup materials
Committee Member Jo Williams explained the panel designs that have been suggested for
the public art piece of the bond program. Williams explained that the panel designs are
currently used in the Arlington area and preliminary renderings of the designs that are being
considered that would relate to Denton. TxDot will help with the funding as the public art is
incorporated into the I-35 Corridor and constructed as the project is completed. The exact
design elements will be determined by the Public Art Committee.
Committee Member Boyd, motioned to recommend to the City Council a $20,400,000 single
proposition package; $20,000,000 for streets and $400,000 for public art. Motion was
seconded by Committee Member David Sanchez. Motion carried unanimously.
Next meeting will be in July to determine a plan to educate the public on the bond program.
4) Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the
Citizens Bond Advisory Committee 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.
With no further business to address, the meeting adjourned at 7:07 p.m.
3
AGENDA INFORMATION SHEET
AGENDA DATE:
June 19, 2012
DEPARTMENT:
Planning & Development
ACM:
Fred Greene
SUBJECT DCA11-0006 Subchapter 35.5 and 35.23
Receive a report, hold a discussion, and give staff direction regardingamending the Denton
Development Code by adding Fraternity or Sorority House, Dormitory, Conference/Convention
Center, Distribution Center/Warehouse (General) and Warehouse (Retail) as land uses in
Subchapter 35.5, by removing Distribution Center and Warehouse Storage and Distribution as
land uses in Subchapter 35.5, by removing language regarding minimum residential lot size and
adding language regarding maximum persons occupying a dwelling in Subchapter 35.12, by
amending the parking requirements for fraternity or sorority houses, and dormitories in
Subchapter 35.14, by adding definitions for Conference/Convention Center, Distribution
Center/Warehouse (General), Warehouse (Retail), Fraternity, and Sorority in Subchapter 35.23,
and by revising the existing definitions of Family, Dormitory, Accessory Dwelling, Duplex,
Manufactured Home, Mobile Home, Multi-Family Dwelling, Single-Family Detached Dwelling,
Single-Family Attached Dwelling, Dwelling/Dwelling Unit, Efficiency Dwelling Unit, and
Fraternity or Sorority House in Subchapter 35.23.; providing for severability; and establishing an
effective date. The Planning and Zoning Commission recommends approval 6-0.
BACKGROUND
Subchapter 35.5 of the Denton Development Code (DDC) Zoning Districts and Limitations,
provides a list of land uses by zoning districts. While the DDC currently provides definitions for
fraternity or sorority house, and dormitory, these uses are not included on the list of land uses in
35.5, and are therefore not allowed within any zoning district. Additionally, the DDC does not
currently provide a definition for Conference/Convention Center, Distribution Center/Warehouse
(General) or Warehouse (Retail), nor are these uses currently allowed.
PROPOSAL
Staff is recommending making provision for the aforementioned uses in subchapter 35.5 of the
DDC and adding definitions for the uses in subchapter 35.23 of the DDC, as indicated in Exhibit
A of the Draft Ordinance.
Fraternity or Sorority House, and Dormitory
although currently defined by the DDC,
they are not listed in the Land Use Section of the Code.
Conference/Convention Center,Distribution Center/Warehouse, General, and
Warehouse, Retail
are new uses that will be defined by the DDC and placed in the
Land Use Section of the Code.
Agenda Information Sheet
June 19, 2012
Page 2
On January 25, 2012, staff presented the subject Code amendment to the Planning and Zoning
Commission (P&Z) during a work session. At the work session, the P&Z directed staff to make
the following revisions:
Provide clarification for the definition of Warehouse (Retail). The definition of
Warehouse (Retail) was modified to provide clarity regarding the allowable range of
merchandise to be kept within the use.
Address fraternity or sorority house and dormitory.
Staff revised the definition of Warehouse (Retail). On March 14, 2012, staff presented these
revisions to the P&Z and received further direction to conduct further research regarding the
following items:
Foster Homes;
Minimum residential lot size requirement; and
Bulk storage of materials that are flammable or explosive.
recommendations accordingly, see Exhibit A of the Draft Ordinance. Please note that language
added are shown in blue and language deleted are shown in red.
PRIOR ACTION/REVIEW
January 25, 2012 Planning and Zoning Commission Work Session
March 14, 2012 Planning and Zoning Commission Work Session
March 28, 2012 Planning and Zoning Commission Work Session
April 11, 2012 Planning and Zoning Commission Public Hearing
OPTIONS
1.Direct staff to continue with the proposed Code Amendment as submitted.
2.Recommend amendments to the proposed Code Amendment.
RECOMMENDATION
approval
The Planning and Zoning Commission recommends 6-0.
approval
Staff recommends of the proposed Code amendment.
Agenda Information Sheet
June 19, 2012
Page 3
EXHIBITS
1.Draft Ordinance
2.Family Definitions
3.Conference/Convention Center Definitions
4.Warehouse Definitions
5.Distribution Center Definitions
6.Parking Requirements for Boarding House, Fraternity or Sorority House, and Dormitory
7.Clean Version of Exhibit A of the Draft Ordinance
8.Planning and Zoning Commission April 11, 2012 Meeting Minutes
Prepared by:
Ron Menguita, AICP
Development Review Liaison
Respectfully submitted:
Mark Cunningham, AICP, CPM
Director, Planning and Development Department
EXHIBIT 1
ORDINANCE 2012-XXX
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DENTON
DEVELOPMENT CODE BY ADDING FRATERNITY OR SORORITY HOUSE,
DORMITORY, CONFERENCE/CONVENTION CENTER, DISTRIBUTION
CENTER/WAREHOUSE (GENERAL) AND WAREHOUSE (RETAIL) AS LAND USES IN
SUBCHAPTER 35.5, BY REMOVING DISTRIBUTION CENTER AND WAREHOUSE
STORAGE AND DISTRIBUTION AS LAND USES IN SUBCHAPTER 35.5, BY
REMOVING LANGUAGE REGARDING MINIMUM RESIDENTIAL LOT SIZE AND
ADDING LANGUAGE REGARDING MAXIMUM PERSONS OCCUPYING A DWELLING
IN SUBCHAPTER 35.12, BY AMENDING THE PARKING REQUIREMENTS FOR
FRATERNITY OR SORORITY HOUSES, AND DORMITORIES IN SUBCHAPTER 35.14,
BY ADDING DEFINITIONS FOR CONFERENCE/CONVENTION CENTER,
DISTRIBUTION CENTER/WAREHOUSE (GENERAL) AND WAREHOUSE (RETAIL),
FRATERNITY, AND SORORITYIN SUBCHAPTER 35.23, AND BY REVISING THE
EXISTING DEFINITIONS OF FAMILY, DORMITORY, ACCESSORY DWELLING,
DUPLEX, MANUFACTURED HOME, MOBILE HOME, MULTI-FAMILY DWELLING,
SINGLE-FAMILY DWELLING, SINGLE-FAMILY ATTACHED, DWELLING/DWELLING
UNIT, EFFICIENCY DWELLING UNIT, AND FRATERNITY OR SORORITY HOUSE IN
SUBCHAPTER 35.23.; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the “Development Code”) and
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the Planning and Zoning Commission recommended approval of certain changes to
Subchapters 35.5 and 35.23 of the Denton Development Code.
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the City Council finds that the subject changes to the Development Code are consistent with
the Comprehensive Plan and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1.
The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true.
SECTION 2.
Subchapters 35.5 and 35.23 are amended to reflect the changes outlined in
Exhibit “A”; all provisions not changed herein to remain as written.
SECTION 3.
Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 4.
If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5.
This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _____ 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
Staff recommends that Section 35.23.2 of the DDC be amended to revise the following definition
of Family with:
Family:
Any number ofpersons related by blood, adoption, or marriage.
Staff recommends that Section 35.23.2 of the DDC be amended to add the following definitions:
Conference/Convention Centers:
A facility designed to be used for conferences,
conventions, seminars, sports and entertainment functions.
Distribution Center/Warehouse, General:
A facility where goods or products that are
manufactured or assembled off-site are received and stored in bulk, and are then
distributed to customers.
Warehouse, Retail
: A Distribution Center/Warehouseexceeding 25,000 square feet of
gross floor area, and devoting up to thirty percent (30%) of the gross floor area for
display andretail sale of merchandise.
Agenda Information Sheet
June 19, 2012
Page 8
Staff recommends that Subchapter 35.5 of the DDC be amended to remove Distribution Center
and Warehouse Storage and Distribution from the list of land uses in the Industrial Land Use
Categories.
Staff recommends that Section 35.7.5.3.C.4 of the DDC be amended to read as follows:
4.
Fraternity or sorority houses and boarding and lodging houses. One (1) space for each bedroom
Staff recommends that Section 35.12.6 of the DDC be amended to read as follows:
35.12.6 Minimum Residential Lot SizeMaximum Persons Occupying a Dwelling.
Minimum Residential Lot Size
Each residential unit, whether attached or detached, must be built on a lot that is at least 2 times the square footage
of the unit constructed on the lot. The lot must be at least 1.ed on the lot.
No single dwelling unit shall have more than four (4) unrelated persons residing therein, nor shall any ÑfamilyÒ
have, additionally, more than four (4) unrelated persons residing with such family. Hotels, Motels, Bed and
Breakfast establishments, Boarding Houses, Fraternity or Sorority Houses, and Dormitories are excepted from this
requirement. Additionally, any organization or institutional group that receives federal or state funding for the care
of individuals is excepted from this requirement.
Staff recommends that Section 35.13.13.2 of the DDC be amended to read as follows:
35.13.13.2Multiple Unit Residential Dwellings and Multi Family Developments
Staff recommends that Section 35.13.13.2.A.1.b of the DDC be amended to read as follows:
Within the front façade (front adjoining a public or private right-of-way where the entrance/address is
any multi-family development and multiple unit residential dwellings, except for structures that are part of a non-
residential and mixed use building in a Pedestrian Oriented District, windows or doors (excluding garage doors)
shall comprise at least 25% of the wall area. All other facades that face a public or private street or right-of-way
(excluding alleys) this minimum percentage of wall area for windows and doors may be reduced to 10%, or may
provide one window or door per sleeping area (as defined by the Building Code), whichever method provides for
the greater coverage of windows and doors. Shutters, trims, or false windows shall not count toward the minimum
requirement.
Staff recommends that Section 35.14.4.A.3 of the DDC be amended to read as follows:
3.Clubs, Fraternity and or sorority houses, rooming and boarding houses, and dormitories. One (1)
space for each bedroom. Two (2) spaces for each three (3) guest rooms; in dormitories, one hundred (100)
square feet shall be equivalent to a guest room.
Staff recommends that Section 35.14.4.C.1 and 2 of the DDC be amended to read as follows:
1.Industrial uses, except Distributions Centers/Warehouse warehousing. One (1) space per seven
hundred (700) square feet of gross floor area or for each two (2) employees on the largest shift, whichever is
less.
2.Distributions Centers/Warehouse Warehousing. One (1) space per one thousand (1,000) square feet of
gross floor area or for each two (2) employees, whichever is less.
Agenda Information Sheet
June 19, 2012
Page 9
Staff recommends that Section 35.22.2 of the DDC be amended to read as follows:
Residence. A home, abode, or place where an individual is actually living at a specific point in time. A structure or
part of a structure containing dwelling units or rooming units, including single-family or two-family houses, multi-
family dwellings, boarding or rooming houses, elderly living facilities, apartments, fraternity or sorority houses, or
dormitories.
Staff recommends that Section 35.23.2 of the DDC be amended to read as follows:
Distribution Center: A use where goods are received and/or stored for delivery to the ultimate customer at
remote locations.
Dormitory: A dwelling unit structure occupied or designed to be occupied by at least fifty (50) students or
residents of a school, college, university, or similar institution, with sleeping accommodations, common gathering
rooms, and may include group cooking and dining facilities designed to service the entire residency of the dorm or
dormitory complex.
Dwelling: A structure or portion which is designed or used exclusively for residential purposes, including single-
family, two-family, attached dwellings, multifamily dwellings, rooming and boardinghouses, fraternities, sororities,
dormitories, manufactured homes, and modular dwellings, but not including hotels or motels.
Dwelling, Accessory: A detached or attached residential unit structure, other than a manufactured home, that
contains a dwelling that is subordinate to a primary single-family detached dwelling designed for and occupied by
one family only. The structure shall be accessory dwelling shall be on the same lot as the primary to a single-family
dwelling (see definition of ÑDwelling, Single-Family DetachedÒ), and shall conform to the standards outlined in this
Chapter. Accessory dwellings shall not be included in the calculated in net or gross density calculations for a lot,
parcel or development.
Dwelling, Duplex: A structure that contains two (2) attached dwellings that are separated by a fire-rated wall.
detached residential structure containing two dwelling units, designed for occupancy by not more than two families
living independent of each other.
Dwelling, HUD-Code Manufactured Home: A structure constructed on or after June 15, 1976, according to
the rules of the United States Department of Housing and Urban Development, transportable in one or more
sections, which, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in
length, or, when erected on site, is three hundred twenty (320) four hundred (400) or more square feet, and which is
built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. The
term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g).
Dwelling, Mobile Home: A structure that was constructed before June 15, 1976, transportable in one (1) or more
sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in
length or, when erected on site, is three hundred twenty (320)four hundred (400) or more square feet and which is
built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems.
Dwelling, Multi-Family: A structure or portion designed for that contains three (3) or more dwellings and any
ancillary uses. units or for occupancy by members of a fraternity or sorority, or by three or more boarders or
roomers.
Dwelling, Multiple Unit Residential: A structure designed for three or more dwelling units. This includes, but is
not limited to, triplexes, fourplexes, and multi-family units.
Agenda Information Sheet
June 19, 2012
Page 10
Dwelling, Single-Family Detached: An independent structure that is used for the purpose of one (1) dwelling
only. A detached residential unit other than a manufactured home, hotel or motel, designed for and occupied by
one family only.
Dwelling, Single-Family Attached (aka Townhomes): A single-family dwelling that is a part of a singleA
structure containing at least three (3), but not more than eight (8) attached dwellings, and complies with the
following: such dwellings, and each dwelling:
1.Is one or more stories in height;
2.Has an outside individual front and rear entrance access on the ground floor of each dwelling;
Is separated from the other dwellings in the structure by fire-rated common walls;
3.Each dwelling shall be
Has an individual meter for each utilities;
4.Each dwelling shall be serviced by
5.Each dwelling shall Has have direct access to a public street or alley; and
6.Has frontage on a public street;
7.Each dwelling shall be located on Occupies its own individual platted lot and each lot must have frontage
on a public or private street.
Dwelling/Dwelling Unit: A single unit providing structure or portion thereof that provides complete
independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating,
.
cooking, and sanitation accommodations
Dwelling Unit, Efficiency (aka Studio Unit): A dwelling unit that has only one (1) combined living and sleeping
room, but may also have separate kitchen and sanitary facilities within the same unit. Also known as a studio
apartment.
Fraternity: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or
religious interests, where involvement requires regular meetings and formal written membership requir
Memberships are limited exclusively to male members of the said organization.
Sorority: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or
religious interests, where involvement requires regular meetings and formal written membership requir
Memberships are limited exclusively to female members of the sai
Fraternity or Sorority House: A dwelling unit in which members of a fraternity or sorority assemble or reside.
The structure in which a student or professional organization formed chiefly to pursue common interests, be it
cultural, religious, entertainment or social, and which has regular meetings, rituals, and formal membership
requirements is housed. These structures also may provide housing to its members.
Wholesale Storage and Distribution: The storage and distribution of goods and merchandise produced or
manufactured off-premises for later shipment to retail or wholesale distributors.
EXHIBIT 7
Clean Version of Exhibit A
Staff recommends that Section 35.23.2 of the DDC be amended to revise the following definition
of Family with:
Family:
Any number of persons related by blood, adoption, or marriage.
Staff recommends that Section 35.23.2 of the DDC be amended to add the following definitions:
Conference/Convention Centers:
A facility designed to be used for conferences,
conventions, seminars, sports and entertainment functions.
Distribution Center/Warehouse, General:
A facility where goods or products that are
manufactured or assembled off-site are received and stored in bulk, and are then
distributed to customers.
Warehouse, Retail
: A Distribution Center/Warehouse exceeding 25,000 square feet of
gross floor area, and devoting up to thirty percent (30%) of the gross floor area for
display and retail sale of merchandise.
Staff recommends that Subchapter 35.5 of the DDC be amended to remove Distribution Center
and Warehouse Storage and Distribution from the list of land uses in the Industrial Land Use
Categories.
Staff recommends that Section 35.7.5.3.C.4 of the DDC be amended to read as follows:
4.
Fraternity or sorority houses and boarding houses. One (1) space for each bedroom
Staff recommends that Section 35.12.6 of the DDC be amended to read as follows:
35.12.6 Maximum Persons Occupying a Dwelling.
No single dwelling unit
have, additionally, more than four (4) unrelated persons residin Hotels, Motels, Bed and
Breakfast establishments, Boarding Houses, Fraternity or Sorority Houses, and Dormitories are excepted from this
requirement. Additionally, any organization or institutional gr
of individuals is excepted from this requirement.
Staff recommends that Section 35.13.13.2 of the DDC be amended to read as follows:
35.13.13.2 Multi Family Developments
Staff recommends that Section 35.13.13.2.A.1.b of the DDC be amended to read as follows:
Within the front façade (front adjoining a public or private rig-of-way where the entrance/address is located) of
any multi-family development, except for structures that are part of a non-residential and mixed use building in a
Pedestrian Oriented District, windows or doors (excluding garage of the wall
area. All other facades that face a public or private street or -of-way (excluding alleys) this minimum percentage
of wall area for windows and doors may be reduced to 10%, or may
(as defined by the Building Code), whichever method provides for the greater
Shutters, trims, or false windows shall not count toward the min
Staff recommends that Section 35.14.4.A.3 of the DDC be amended to read as follows:
3.Fraternity or sorority houses, boarding houses, and dormitories. One (1) space for each bedroom.
Staff recommends that Section 35.14.4.C.1 and 2 of the DDC be amended to read as follows:
1.Industrial uses, except Distributions Centers/Warehouse. One (1) space per seven hundred (700) square
feet of gross floor area or for each two (2) employees on the la
2.Distributions Centers/Warehouse. One (1) space per one thousand (1,000) square feet of gross floo
or for each two (2) employees, whichever is less.
Staff recommends that Section 35.22.2 of the DDC be amended to read as follows:
Residence. A home, abode, or place where an individual is actually living a
part of a structure containing dwelling units or rooming units, -family or two-family houses, multi-
family dwellings, boarding houses, elderly living facilities, fraternity or sorority houses, or
Staff recommends that Section 35.23.2 of the DDC be amended to read as follows:
Distribution Center: A use where goods are received and/or stored for delivery to thecustomer at
remote locations.
Dormitory: A dwelling unit designed to be occupied by at least 50 students
college, university, or similar institution, with sleeping accom
group cooking and dining facilities designed to service the enti
Dwelling: A structure or portion which is designed or used exclusively for-
family, two-family, attached dwellings, multifamily dwellings, rooming and b
dormitories, manufactured homes, and modular dwellings, but not including hotels or motels.
Dwelling, Accessory: A detached structure, other than a manufactured home, that conta
subordinate to a primary single-family detached dwelling. The accessory dwelling shall be on the same lot as the
primary single--
standards outlined in this Chapter. Accessory dwellings shall nr
development.
Dwelling, Duplex: A structure that contains two (2) attached dwellings that are se-rated wall.
Dwelling, HUD-Code Manufactured Home: A structure constructed on or after June 15, 1976, according to
the rules of the United States Department of Housing and Urban Development, transporta
sections, which, in the traveling mode, is eight (8) body feet o
length, or, when erected on site, is four hundred (400) or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a
required utilities, and includes the plumbing, heating, air cond. The term does not
include a recreational vehicle as that term is defined by 24 C.F
Dwelling, Mobile Home: A structure that was constructed before June 15, 1976, transport
sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body
length or, when erected on site, is four hundred (400) or more s
and designed to be used as a dwelling with or without a permanent foundation when connected to the required
utilities and includes the plumbing, heating, air conditioning a
Dwelling, Multi-Family: A structure that contains three (3) or more dwellings and any an
Dwelling, Multiple Unit Residential: A structure designed for three or more dwelling units. This inc
not limited to, triplexes, fourplexes, and multi-family units.
Dwelling, Single-Family Detached: An independent structure that is used for the purpose of one (1) dwelling
only.
Dwelling, Single-Family Attached (aka Townhomes): A structure containing at least three (3), but not more
than eight (8) attached dwellings, and complies with the followi
1.Has individual front and rear access on the ground floor of each dwelling;
2.Each dwelling shall be separated by fire-rated walls;
3.Each dwelling shall be serviced by an individual meter for each
4.Each dwelling shall have direct access to a street or alley; and
5.Each dwelling shall be located on its own individual platted lot and each lot must have frontage on a
public or private street.
Dwelling/Dwelling Unit: A structure or portion thereof that provides living, sleeping, e
sanitation accommodations.
Dwelling Unit, Efficiency (aka Studio Unit): A dwelling unit that has only one (1) combined living and sleepi
room, but may also have separate kitchen and sanitary facilities
Fraternity: A local or national organization organized for the purpose of shg social, cultural, scholarly, or
religious interests, where involvement requires regular meetings
Memberships are limited exclusively to male members of the said
Sorority: A local or national organization organized for the purpose of sharing social, cultural,
religious interests, where involvement requires regular meetings
Memberships are limited exclusively to female members of the saiganization.
Fraternity or Sorority House: A dwelling unit in which members of a fraternity or sorority ass
Wholesale Storage and Distribution: The storage and distribution of goods and merchandise produced o
manufactured off-premises for later shipment to retail or wholesale distributors.
EXHIBIT 8
April 11, 2012
Planning & Zoning Commission Minutes
B. Hold a public hearing and consider making a recommendation to City Council regarding
amending the Denton Development Code by adding Boarding House, Fraternity or Sorority
House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse
(General) and Warehouse (Retail) as land uses in Subchapter 35.5, by removing
Distribution Center and Warehouse Storage and Distribution as land uses in Subchapter
35.5, by removing language regarding minimum residential lot size and adding language
regarding maximum persons occupying a dwelling in Subchapter 35.12, by amending the
parking requirements for fraternity or sorority houses, boarding houses, and dormitories in
Subchapter 35.14, by adding definitions for Conference/Convention Center, Distribution
Center/Warehouse (General) and Warehouse (Retail), Fraternity, and Sorority in Subchapter
35.23, and by revising the existing definitions of Boarding House, Family, Dormitory,
Accessory Dwelling, Duplex, Manufactured Home, Mobile Home, Multi-Family Dwelling,
Single-Family Dwelling, Single-Family Attached, Dwelling/Dwelling Unit, Efficiency
Dwelling Unit, and Fraternity or Sorority House in Subchapter 35.23. (DCA11-0006,
Subchapter 35.5 and 35.23, Ron Menguita)
Menguita stated there have been three previous Work Sessions to discuss boarding houses and
what staff proposes. Menguita provided a brief background and stated these are defined in the
Denton Development Code (DDC); however, they do not have a use in the DDC. In addition,
staff is proposing to add the following items to be placed in the land use section of the DDC:
Conference/Convention Center, Distribution Center/Warehouse, Warehouse General and Retail.
Menguita stated staff is proposing amending the DDC by adding the following land uses to
Subchapter 35.5: Boarding House, Fraternity or Sorority House, Dormitory,
Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse
(Retail). The last two are just rewording the naming, and the first four are new uses to be added
to the Subchapter 35.5. Menguita stated staff is also proposing to amend the DDC by revising the
following existing definitions: Boarding House, and Family; in addition, staff will be adding the
following definitions: Conference/Convention Center, Distribution Center/Warehouse,
Warehouse General and Retail.
Menguita provided the definition for Boarding House as: A single-family detached dwelling
(other than a bed and breakfast establishment) in which rooms are rented individually, and where
all occupants therein are permitted access to a common area for cooking and eating. Menguita
provided the zoning districts that this would be allowed in or permitted in, along with the zoning
districts that have limitations. The following zoning districts are permitted: Neighborhood
Residential Mixed Use-12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU), and the
Downtown Residential-1 (DR-1) zoning district are allowed with a Special Use Permit (SUP),
and the Limitation 12 (L12). The Limitation 12 states Boarding Houses shall have no more than
six (6) bedrooms. The following zoning districts are permitted by right: Downtown Residential-
2, Downtown Commercial Neighborhood, and Downtown Commercial General.
Menguita provided the definition for Distribution Center/Warehouse, General:A facility where
goods or products that are manufactured or assembled off-site are received and stored in bulk,
and are then distributed to customers. Menguita provided the zoning districts this use would not
be allowed in, the following districts the use would be allowed: Employment Center Industrial
(EC-I) with the Limitation 34, which states it is permitted with no more than 150,000 gross
square feet and eight (8) truck docks. All docks or loading bays shall be to the rear or side of the
structure and not viewable from the street. The buffering standards for outdoor storage shall
apply, both to any outdoor storage activity and to the loading docks. This use is also allowed in
the Industrial Center Employment (IC-E) and the Industrial Center General (IC-G).
Menguita also provided the definition for Warehouse, Retail: A Distribution Center/ Warehouse
exceeding 25,000 square feet of gross floor area, and devoting up to thirty percent (30%) of the
gross floor area for display and retail sale of merchandise. This use is allowed in the following
zoning districts with the following limitations: Regional Center Commercial Neighborhood
(RCC-N) and Regional Center Commercial Downtown (RCC-D) are both allowed with the
Limitation 13, which states the uses are limited to no more than 55,000 square feet of gross floor
area per lot. This use is also allowed in the EC-I and EC-C zoning districts with the Limitation
34, which states it is permitted with no more than 150,000 gross square feet and eight (8) truck
docks. All docks or loading bays shall be to the rear or side of the structure and not viewable
from the street. The buffering standards for outdoor storage shall apply, both to any outdoor
storage activity and to the loading docks.
Menguita stated staff is proposing to add the following definition to the DDC:
Conference/Convention Centers: A facility designed to be used for conferences, conventions,
seminars, sports and entertainment functions. The definition for Family that staff is proposing is:
Any number of persons related by blood, adoption, or marriage. Menguita provided the
recommended amendments to the Subchapter 35.12.6 for the Maximum Persons Occupying a
Dwelling. That section should be amended to read as follows: No single dwelling unit shall have
more than
more than four (4) unrelated persons residing with such family. Hotels, Motels, Bed and
Breakfast establishments, Boarding Houses, Fraternity or Sorority Houses, and Dormitories are
excepted from this requirement. Additionally, any organization or institutional group that
receives federal or state funding for the care of individuals is excepted from this requirement.
Menguita stated that staff recommends that Subchapter 35.14.4.A.3 of the DDC be amended to
read as follows: Fraternity or Sorority houses, Boarding houses, and dormitories require one (1)
parking space for each bedroom. Menguita stated the following definitions: Distribution Center,
Dwelling, Multiple-unit Residential, and Wholesale Storage and Distribution will be deleted
from the DDC for the reasoning that staff is proposing new definitions.
Menguita stated at the last Work Session staff was directed to update the definitions Fraternity,
and Sorority to remove the wording that directs these definitions towards a college use
definition. Those definitions are now as follows: Fraternity: A local or national organization
organized for the purpose of sharing social, cultural, scholarly, or religious interests, where
involvement requires regular meetings and formal written membership requirements.
Memberships are limited exclusively to male members of the said organization. Sorority: A
local or national organization organized for the purpose of sharing social, cultural, scholarly, or
religious interests, where involvement requires regular meetings and formal written membership
requirements. Memberships are limited exclusively to female members of the said organization.
Menguita stated staff recommends approval to all of the items discussed for additions or
amendments to the DDC. Bentley questioned the terminology used in the definition Dwelling
Duplex, Bentley questioned if those units can stand alone or if the three of the structures have to
be connected. Menguita stated after reviewing what Commissioner Bentley mentioned he could
propose moving the term separate and the definition should be clearer at that point. Menguita
stated the intent is to have three or more units in a development. Cunningham stated the
terminology for Duplex could be changed to Multi-Family; the same language could be used to
keep this consistent. Cunningham stated this is something that staff will review and revisit.
Alfred Sanchez, 2520 Yellowstone Place, Denton
Sanchez stated his concerns are in regards to the Boarding Houses; Sanchez stated a majority of
the people that reside in Boarding Houses have a lower income. Sanchez stated he believes the
downtown area is more expensive for these people to afford this type of living. Some of the
people that reside in these are homeless but are getting back on their feet and have started
working again, and many of them do not have cars. Sanchez stated the downtown areas are very
congested, and to place some of these residents in those areas would be a bigger impact on those
areas.
Prudence Sanchez, 2520 Yellowstone Place, Denton
Prudence Sanchez stated they also have concerns about the number of bedrooms allowed,
unrelated person, and would like to know how many people are allowed per bedroom. Prudence
Sanchez also questioned the common areas, laundry, and toiletries.
Menguita stated there were discussions in the previous Work Sessions in regards to this use
being allowed by a Special Use Permit or by right. Menguita stated staff reviewed the impact
that Boarding Houses would have on these residential neighborhoods. The parking requirements
would be per bedroom, if there are six (6) bedrooms there would be six (6) parking spaces
required. This number was determined from research developed within other municipalities.
There is no maximum number of persons allowed in Boarding Houses; Menguita stated we do
not have a ratio per the number allowed in each bedroom. That would be determined by the
International Building Code and the International Fire Code. Prudence Sanchez stated those that
are interested in purchasing property for a Boarding House would have a hard time affording the
properties in the downtown areas. Chairman Thomas stated he understands the citizens concerns,
but these recommendations were determined after the number of Work Sessions that were held to
leave Boarding Houses in commercial use areas. Prudence Sanchez stated this is not theoretical,
it is a commercial use; however code allows it, but they do not allow for transportation.
Rick Baria 5138 Edwards Road, Denton
Baria questioned if the definition for single-family has been addressed or changed, Menguita
stated there has been no changes to that definition.
Chairman Thomas closed the Public Hearing.
Cunningham stated the term dwelling duplex would be changed to dwelling multi-family, which
is a structure containing three (3) or more that are separated by a fire rated wall.
Commissioner Brian Bentley motioned, Commissioner Thom Reece seconded to approve this
item. Motion approved (6-0).
AGENDA INFORMATION SHEET
AGENDA DATE:
June 19, 2012
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider approval of a Resolution nominating a member to the Board of Managers of the
Denco Area 9-1-1 District; and declaring an effective date.
BACKGROUND
The Denco Area 9-1-1 District, created in 1987, is governed by a board of managers.
The board is appointed by the county, participating cities and the Denton County Fire
Chief's Association. Board members serve staggered two-year terms and are eligible for
reappointment. The Emergency Telephone Number Act states:
"the board shall manage, control and administer the district. The board
may adopt rules for the operation of the district."
On May 18, 2012, Denco Area 9-1-1 sent a memo (attached) requesting nominations to
serve on the Board of Managers, which was provided to Council June 8, 2012, as an
Informal Staff Report.
Last year, the City nominated Olive Stephens, to serve another term on the Board. This
year, the term of, Harlan Jefferson, Flower Mound Town Manager, expires on September
30, 2012. Mr. Jefferson has expressed his desire to serve another term if appointed. The
City has nominated Mr. Jefferson to serve on the board since 1998.
The current Board of Managers is comprised of the following individuals:
Board MemberAppointed By Term Expires
Jack Miller, Chair Denton County Commissioners Court 9/30/2012
Olive Stephens, Vice Chair Denton County Participating City 9/30/2013
Chief Terry McGrath, Secretary Denton County Fire Chiefs Association 9/30/2013
Harlan Jefferson Denton County Participating City 9/30/2012
Bill Lawrence Denton County Commissioners Court 9/30/2012
Keith Stephens Largest Telephone Service Provider Rep. Non-voting
Agenda Information Sheet
June 19, 2012
Page 2
RECOMMENDATION
Staff recommends nomination of Mr. Harlan Jefferson since he has expressed a desire to
serve another term.
ESTIMATED SCHEDULE OF PROJECT
Nominations are due to Denco on or before July 15, 2012. On July 16, 2012, the District
will send copies of nominations to each city for consideration, requesting the city to vote
for one of the nominees. The Denco Board of Managers will count the votes from the
responding cities. The candidate with the most votes will be the municipalities'
representative to the Denco Area 9-1-1 District Board of Managers for the two-year term
beginning October 1, 2012.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Mr. Jefferson has served on the Board since 1998.
FISCAL INFORMATION
This resolution has no fiscal impact.
EXHIBITS
1. Memo from Denco
2. Resolution
Respectfully submitted:
Bryan Langley
CFO and Director of Strategic Services
AGENDA INFORMATION SHEET
AGENDA DATE:
June 19, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Elton Brock at 349-7133
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 Neptune Water Meters from HD Supply
Waterworks, LTD, 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
4857-Purchase of Neptune Water Meters for the City of Denton in the five year estimated
amount of $125,000).
FILE INFORMATION
This item is for the purchase of Neptune Water Meters that can be read electronically and are
Metering
Department to use their Neptune reading guns to read remote Pro-Read registers that are located
in confined spaces or vaults. Previously, these meters were included in the bid for water and
sewer inventory materials. The City desires to establish a long term contract to provide
continuity of supply for the meters.
HD supply Waterworks, LTD, is the sole authorized distributor for the Neptune meters in the
State of Texas. Section 252.022 of the Local Government Code provides that procurement of
items that are only available from one source are exempt from competitive bidding.
RECOMMENDATION
Approve the purchase of Neptune Water Meters from HD Supply Waterworks, LTD in the unit
price amounts shown on Exhibit D of the attached contract for a five year estimated expenditure
of $125,000.
PRINCIPAL PLACE OF BUSINESS
HD Supply Waterworks, LTD
Dallas, TX
Agenda Information Sheet
June 19, 2012
Page 2
ESTIMATED SCHEDULE OF PROJECT
The contract term will be five years with an option to renew for two additional one year periods
with all terms and conditions remaining the same.
FISCAL INFORMATION
The meters will be carried in the Warehouse inventory and purchased on an as needed basis.
They will be funded out of the Warehouse Working Capital account and charged back to the
using department.
EXHIBITS
Exhibit 1: Contract with Pricing (Exhibit D)
Exhibit 2: Sole Source Letter
Respectfully submitted:
Elton Brock, 349-7133
Purchasing Manager
1-AIS-RFP 4857
Exhibit 1
Exhibit 2
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF NEPTUNE WATER METERS FROM HD SUPPLY WATERWORKS,
LTD, 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 4857-PURCHASE OF NEPTUNE WATER METERS
FOR THE CITY OF DENTON IN THE FIVE YEAR ESTIMATED AMOUNT OF
$125,000).
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
hereby approved:
FILE
NUMBER VENDOR AMOUNT
4857 HD Supply Waterworks, LTD Exhibit A
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 4857 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: _________________________________
4-ORD-File 4857
AGENDA INFORMATION SHEET
AGENDA DATE:
June 19, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Elton Brock at 349-7133
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 BIOXIDE products from Siemens
Industry, 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 4962-
Purchase of BIOXIDE for Wastewater Department in the annual estimated amount of $95,000
with a not to exceed amount of $475,000 over a five year period). The Public Utilities Board
recommends approval (5-0).
FILE INFORMATION
BIOXIDE is used by the Wastewater Department to retard the generation of odors in the
collection system from the operation of the Hickory Creek, Denton West, and Hobson
Wastewater Pumping Stations. A purchase order was issued to Siemens Industry, Inc. (Siemens)
in the amount of $50,000 for supplying the BIOXIDE on an as needed basis. Through May
2012, the Wastewater Department had purchased $49,260 worth of BIOXIDE. Due to some
continuing odor issues in the vicinity of State School Road and to maintain the requisite
inventory levels, additional BIOXIDE will need to be purchased. Staff estimates that an
additional $45,000 needs to be allocated for this material through the end of the current fiscal
year. Wastewater staff indicates that this product will continue to be utilized over the next five
year period. Pricing is obtained on a yearly basis as the sole source provider elects not to
establish long term pricing.
BIOXIDE is a proprietary process developed by Siemens and a license to use the product is
included with the product sale (Exhibit 1). Therefore Siemens is the sole source supplier of this
product. Section 252.022 of the Local Government Code provides that procurement of items that
are only available from one source do not have to be competitively bid.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 11, 2012, the Public Utilities Board recommended approval to forward this item to the
City Council or consideration.
Agenda Information Sheet
June 19, 2012
Page 2
RECOMMENDATION
Approve the purchase of BIOXIDE products from Siemens Industry, Inc. in the annual estimated
amount of $95,000.
PRINCIPAL PLACE OF BUSINESS
Siemens Industry, Inc.
Sarasota, FL
ESTIMATED SCHEDULE OF PROJECT
This request is for the approval of the purchase of additional BIOXIDE in an amount not to
exceed $475,000 over a five year period.
FISCAL INFORMATION
Purchases of BIOXIDE are funded from operating account 640100.6334. An additional line will
be added to Purchase Order 155210 for purchases as needed, upon approval by Council.
EXHIBITS
Exhibit 1: Sole Source Letter from Siemens Industry, Inc.
Exhibit 2: Public Utility Board Minutes
Respectfully submitted:
Elton Brock, 349-7133
Purchasing Manager
1-AIS-RFP 4962
Exhibit 1
Industry
City of Denton September 12, 2011
Rusty Willard - Water Reclamation Superintendent
1100 Mayhill Rd
Denton, TX 76208
Phone: 940-349-8601
Fax: 940-349-8613
Email: rusty.willard@cityofdenton.com
®
Re: BIOXIDE 2012 Pricing
City of Denton, TX
Dear Mr. Willard:
Siemens Industry, Inc. would like to thank you for your business over the years and we look forward to
serving your odor control needs in the years to come.
Due to the recent increase in the cost of transportation (fuel), there will be a slight price increase for the
®
$2.16 per gallon
upcoming year. The delivered price for BIOXIDE will be . This price will take effect on
October 1, 2011 and will remain firm through September 30, 2012.
The above price includes freight, all fuel surcharges and assistance with feed rate optimization and system
maintenance on an as needed basis.
As you know BIOXIDE®, BIOXIDE®-AQ and BIOXIDE AE are proprietary processes developed by
Siemens Industry, Inc. A license to use Bioxide products is included with the product sale. Patents that
cover aspects of the use of Bioxide products include, but are not necessarily limited to, United States
Patent Nos. 5,500,368, 6,309,597, 7,087,172 and 7,553,420 B2. Bioxide, Bioxide-AQ, Bioxide AE,
AQUIT and Full Service Odor Control are trademarks of Siemens Industry, Inc.
Thanks again for your business and we look forward to working with you in the years to come. If you
have any questions or comments, or if I can ever be of service to you in anyway, please contact me at 512-
581-2097 or via e-mail at joseph.robertson@siemens.com
Sincerely,
Joseph W. Robertson
Joseph W. Robertson
Technical Sales Representative
Siemens Industry, Inc. 2650 Tallevast Road Tel: +1 941-355-2971
Sarasota, FL 34243 Fax: +1 941 359-7985
USA www.siemens.com/water
Page 1 of 2
Siemens Industry, Inc., Water Technologies Business Unit
Terms and Conditions
1. Applicable Terms. These terms, together with any quotation, purchase order or acknowledgement issued or signed by Seller (the “Seller’s
Documentation”), comprise the complete and exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms
contained in Customer's documents, unless separately signed by Seller. Whether the terms set forth herein are included in an offer, acceptance or
acknowledgment by Seller, such offer, acceptance or acknowledgment is conditioned on Customer's assent to these terms. Seller rejects all additional
or different terms in any of Customer's forms or documents. The Agreement governs the scope of work set forth in Seller's Documentation. For the
purposes of this Agreement, goods shall include equipment, leased equipment and media goods (collectively, the “Goods”).
2. Payment. Customer shall pay Seller the full fee as set forth in Seller’s Documentation. Seller’s price does not include, and Seller shall not
be responsible for, any taxes, permits, tariffs, duties or fees (or any incremental increases to such taxes, permits, tariffs, duties or fees enacted by
governmental agencies) unless specifically agreed in Seller’s Documentation or otherwise by Seller in writing. If Seller is required to pay any such
charges, Customer shall immediately reimburse Seller. All payments are due within 30 days after receipt of invoice. Customer shall be charged the
lower of 1 ½% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller’s reasonable costs
(including attorneys' fees) of collecting amounts due but unpaid. All orders are subject to credit approval.
3. Scope of Services. Seller shall provide the Goods and services specifically described in Seller's Documentation during normal business
hours, unless otherwise specified in Seller’s Documentation. Performance by Seller that is requested or required by the Customer outside of these
hours will be charged at Seller's then current schedule of rates and will be in addition to the charges outlined in Seller’s Documentation. Where the
Customer requests additional Goods or services which are outside of the scope of work itemized in Seller’s Documentation, Seller may provide those
Goods and services at standard time and material rates and conditions then in effect.
4. Ownership of Materials. All devices, equipment, designs (including drawings, plans and specifications), estimates, prices, notes, electronic
data and other documents or information prepared or disclosed by Seller in connection with the provision of Goods and services hereunder, and all
related intellectual property rights, shall remain Seller’s property. Seller grants Customer a non-exclusive, non-transferable license to facilitate
Customer's use thereof. Customer shall not disclose any such material to third parties without Seller’s prior written consent.
5. Changes. Seller shall not implement any changes in the scope described in Seller’s Documentation unless Customer and Seller agree in
writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a
change in applicable law.
6. Warranty. Seller warrants to Customer that the Goods shall materially conform to the description in Seller’s Documentation and shall be free
from defects in material and workmanship and services shall be performed in a good and workmanlike manner. The foregoing warranty shall not apply
to any Goods that are specified or otherwise demanded by Customer and are not manufactured or selected by Seller, as to which (i) Seller hereby
assigns to Customer, to the extent assignable, any warranties made to Seller and (ii) Seller shall have no other liability to Customer under warranty, tort
or any other legal theory. Customer's service warranty is ninety days from the date of the service provided. If Customer is purchasing Goods from Seller
then Seller’s warranty period for Goods (except for media goods) is the earlier of one year from acceptance or eighteen months from delivery. In the
event of a warranty claim, Seller shall, at its sole option and as Customer's sole and exclusive remedy, repeat the service at its own expense, repair or
replace the affected parts or refund the price paid to Seller therefor. If Seller determines that any warranty claim is not, in fact, covered by this warranty,
Customer shall pay Seller its then customary charges for any additionally required Goods or service. Seller’s warranty is conditioned on Customer (a)
operating and maintaining the Goods in accordance with Seller’s instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in
default of any payment obligation to Seller. Seller’s warranty does not cover (a) media goods (such as, but not limited to, granular activated carbon
media) once such media goods are installed and testing proves material conformance to Seller’s Documentation; (b) damage caused by chemical action
or abrasive material or misuse which has damaged the equipment serviced; and (c) improper installation (unless installed by Seller). THE
WARRANTIES AND REMEDIES SET FORTH IN THIS SECTION ARE SELLER’S SOLE AND EXCLUSIVE WARRANTIES THEREFOR. SELLER
MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PURPOSE.
7. Indemnity. Seller shall indemnify, defend and hold Customer harmless from any claim, cause of action or liability incurred by Customer as a
result of third party claims for personal injury, death or damage to tangible property to the extent caused by Seller’s negligence. Seller shall have the
sole authority to direct the defense of and settle any indemnified claim. Seller’s indemnification is conditioned on Customer (a) promptly, within the
warranty period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim.
8. Force Majeure. Under no circumstances shall either Seller or Customer have any liability for any breach (except for payment obligations)
caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers,
failure of normal sources of supply, change in law or other act of government or any other cause beyond such party's reasonable control.
9. Cancellation. Either party may terminate the scope of work specified in Seller’s Documentation by providing reasonable notice sufficient to
avoid costs incurred by the other party. If Customer cancels or suspends any such scope of work for any reason other than Seller’s breach, Customer
shall pay Seller for work performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or
suspension.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER’S TOTAL LIABILITY ARISING AT ANY
TIME FROM THE SALE OR USE OF THE GOODS AND/OR SERVICES SHALL NOT EXCEED THE PRICE PAID TO SELLER THERFOR. THESE
LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
11. Leased Equipment. Any leased equipment (“Leased Equipment”) provided by Seller shall at all times be the property of Seller with the
exception of certain miscellaneous installation materials purchased by the Customer, and no right or property interest is transferred to the Customer
hereunder, except the right to use any such Leased Equipment as provided herein. Customer agrees that it shall not pledge, lend, or create a security
interest in, part with possession of, or relocate the equipment. Customer shall be responsible to maintain the Leased Equipment in good and efficient
working order. Upon the expiration or termination of this Agreement, Customer shall promptly make any Leased Equipment available to Seller for
removal. Customer hereby agrees that it shall grant Seller access to the Leased Equipment location and shall permit Seller to take possession of and
remove the Leased Equipment without resort to legal process and hereby releases Seller from any claim or right of action for trespass or damages
caused by reason of such entry and removal.
12. Miscellaneous. If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition
regulations that are required by law to be included. No part of the Agreement may be changed or cancelled except by a written document signed by
Seller and Customer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. If any
of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full
force and effect. Customer may not assign or permit any other transfer of the Agreement without Seller’s prior written consent. The Agreement shall be
governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
Page 2 of 2
Municipal Services_SII_04-01-11
Exhibit 2
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 June 11, 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, June 11, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Phil Gallivan (arrived at 9:35), Leonard Herring,
11 Barbara Russell, John Baines and Randy Robinson
12
13 Absent Excused: Billy Cheek
14
15 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities
16
CONSENT AGENDA:
17
18
19 Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
20 designee, to implement each item in accordance with the staff recommendations. The Public
21
22 opportunity to raise questions regarding these items prior to consideration.
23
24 1)Consider a recommendation of an approval of the expenditure of funds for the purchase
25 of Bioxide, which is available from only one source in accordance with the pertinent
26 provisions of Chapter 252 of the Texas Local Government Code exempting such
27 purchases from the requirements of competitive bidding to Siemens Water Technologies
28 Corp. for an annual estimated amount of $95,000.
29
Board Member Baines made the motion to approve Item 1, second by Board Member
30
Russell. Vote 5-0
31
32
33
34 Adjournment 10:05am
35
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF BIOXIDE PRODUCTS FROM SIEMENS INDUSTRY, 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 4962-PURCHASE OF BIOXIDE FOR WASTEWATER
DEPARTMENT IN THE ANNUAL ESTIMATED AMOUNT OF $95,000 WITH A
NOT TO EXCEED AMOUNT OF $475,000 OVER A FIVE YEAR PERIOD).
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
g Agent, are
hereby approved:
FILE
NUMBER VENDOR AMOUNT
4962 Siemens Industry, Inc. $475,000
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 4962 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: _________________________________
3-ORD-File 4962
AGENDA INFORMATION SHEET
June 19, 2012
AGENDA DATE:
Utilities
DEPARTMENT:
Howard Martin, 349-8232
ACM:
________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and
simple to a 2.613 acre tract; (II) a slope easement encumbering
temporary construction grading and access easement, encumbering
situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927,
Denton County, Texas, as more particularly described on Exhibit
apart hereof, located generally at the northwest corner of Mayhil
Boulevard (the ÐProperty InterestsÑ), for the public use of expa
Road, a municipal street and roadway; authorizing the City Manag
offer to Martino Realty Limited Partnership, a Texas limited par
purchase the Property Interests for the Purchase Price of Two Hu
00
One Hundred Forty Dollars and No Cents ($297,140.), and other consideration, as prescribed in
the Purchase Agreement (the ÐAgreementÑ), as attached hereto and
ÐBÑ; authorizing the expenditure of funds therefor; authorizing
providing an effective date. (Mayhill Road Widening and Improvem
&M053)
BACKGROUND
In accord with the current Mayhill Road Widening and Improvement
Project), staff is undertaking the identification of the additio
accommodate the construction and operation of the improved roadw
Corporation has been engaged to provide real estate appraisal se
identified tracts that will be directly impacted by the project.
In respect to the affected property tract owned by Martino Realt
Project requires the partial acquisition of a Fee Tract for stre
Easement for lateral support slope for the makeup of the road it
Construction, Grading and Access Easement to provide for removal
Project.
Pyles-Whatley Corporation has provided a real estate appraisal r
Realty Limited Partnership property tract and the land rights ne
findings constitute the present offer to purchase. Situated with
tenant occupied residential structures. The Project requires r
and consequently displacement of the respective occupants.
As per state statute changes precipitated by the passage of Sena
residences situated within the subject acquisition tracts may be
Relocation Assistance benefit package, separate and apart from t
initiative. An element to the change in state law requires cond
establish a relocation assistance program in conformance with th
Assistance and Real Property Acquisitions Policy Act of 1970, 42
regulations promulgated pursuant thereto (49 CFR §§24.1-24.603),
from time to time (the ÐFederal ActÑ). The Denton City Council,
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 acquisition t
Martino Realty Limited Partnership.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is be
combination of Regional Toll Revenue (RTR) funds, Denton County
Improvement Program (TRIP Ò08) funds and City of Denton local ma
00
offer price of $297,140. plus closing costs, as prescribed in the Agreement.
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:
June 19, 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 0.851 acre tract; and (II) a slope easement, encumbering a 0.362 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 hereto and made a part
hereof, located generally at the northeast corner of Mayhill Road and Russell Newman
Boulevard (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 Martino Realty Limited Partnership, a Texas limited partnership (the “Owner”) to
purchase the Property Interests for the Purchase Price of One Hundred Five Thousand Three
00
Hundred Twenty Three Dollars and No Cents ($105,323.), 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 therefor; and providing an effective
date. (Mayhill Road Widening and Improvements project – Parcel M069)
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 affected property tract owned by Martino Realty Limited Partnership, the
Project requires the partial acquisition of a Fee Tract for street and drainage purposes and a Slope
Easement for lateral support slope for the makeup of the road itself.
Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the Martino
Realty Limited Partnership property tract and the land rights necessary for the Project. Their
findings constitute the present offer to purchase. There are no improvements situated within
neither the Fee Tract nor the Slope Easement tract.
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 acquisition tracts affecting property owned by
Martino Realty Limited Partnership.
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 $105,323. plus closing costs, as prescribed in the Agreement.
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
June 19, 2012
AGENDA DATE:
Utilities
DEPARTMENT:
Howard Martin, 349-8232
ACM:
________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and
simple to a 0.360 acre tract situated in the M.E.P. & P.R.R. Com
Located in the City of Denton, Denton County, Texas, as more par
ÐAÑ, attached hereto and made a part hereof, located generally i
Road (the ÐProperty InterestsÑ), for the public use of expanding
municipal street and roadway; authorizing the City Manager or hi
Vonnie George (the ÐOwnerÑ) to purchase the Property Interests f
Eight Thousand One Hundred Thirty Five Dollars and No Cents ($38
consideration, as prescribed in the Purchase Agreement (the ÐAgr
and made a part hereof as Exhibit ÐBÑ; authorizing the expenditu
providing an effective date. (Mayhill Road Widening and Improvem
BACKGROUND
In accord with the current Mayhill Road Widening and Improvement
Project), staff is undertaking the identification of the additio
accommodate the construction and operation of the improved roadw
Corporation has been engaged to provide real estate appraisal se
identified tracts that will be directly impacted by the project.
In respect to the affected property tract owned by Mrs. Vonnie G
partial acquisition of a Fee Tract for street and drainage purpo
Pyles-Whatley Corporation has provided a real estate appraisal r
property tract and the land rights necessary for the Project. T
offer to purchase. The only improvements situated within the pr
wooden fence and metal gate, which have been accounted for in th
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 aff
George.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is be
combination of Regional Toll Revenue (RTR) funds, Denton County
Improvement Program (TRIP Ò08) funds and City of Denton local ma
00
offer price of $38,135. plus closing costs, as prescribed in the Agreement.
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 1 attachment to AIS
EXHIBIT 2 attachment to AIS
AGENDA INFORMATION SHEET
AGENDA DATE:
June 19, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to execute on
behalf of the City of Denton, Texas a Memorandum of Agreement (“MOA”) contemplating a
real estate conveyance from the City of Denton to the State of Texas, of a 2,174 square foot tract
of real property, being a portion of the tract conveyed by deed to the City of Denton, recorded in
Volume 2978, Page 909, Real Property records, Denton County, Texas, and being a portion of
Lot A, Block 1 of the R.N.W. Addition, an addition to Denton County, Texas, recorded in
Cabinet H, Page 338, Plat Records, Denton County, Texas, generally located at 3228 Teasley
Lane, Denton, Texas (the "Land"); authorizing execution of a deed without warranty (herein so
called) conditionally effectuating such real estate conveyance; and providing an effective date.
BACKGROUND
The Texas Department of Transportation is undertaking the widening and improvements for that
section of F.M. Road 2181 (Teasley Lane) classified as CSJ: 2054-02-017. The widening
project limits being from Lillian Miller Parkway to Hickory Creek Road.
The widening project requires an approximate 8’ wide strip of additional right-of-way along the
frontage of a City of Denton owned 2.8 acre property tract, in which the South Branch Library
and Fire Station Number 6 are situated.
The Texas Department of Transportation has made a formal request to acquire the subject 0.0499
acre tract from the City of Denton for highway widening use (TxDOT Parcel No. 6).
Original considerations were to explore a donation of the subject right-of-way tract from the City
of Denton to TxDOT, as a supportive measure for the road project. After several forays and
overtures in respect to the statutory requirements associated with a donation of real property to
the State of Texas, staff has come to the realization that the most expeditious way to effectuate
the matter at hand is to follow the course of a typical TxDOT right-of-way purchase transaction.
.00
Staff recommends acceptance of $42,755, as per the findings of the current real estate
appraisal, in exchange for the conveyance of the subject 0.0499 acre tract.
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)
February 7, 2012 – City Council executive session consultation.
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
GREAT BEAR
ABBOT'S
LOCATION
NTS
EL CIELITO
MONTEVIDEO
FM 2181 (TEASLEY LANE)
LOCATION MAP
TxDOT PARCEL 6
AGENDA INFORMATION SHEET
AGENDA DATE:
June 19, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance authorizing the City Manager of his designee to execute a
temporary license agreement (the “Agreement”), by and between the City of Denton, Texas and
Atmos Energy Corporation, a Texas corporation (“Atmos”), granting a license to Atmos to
temporarily access certain City owned lands located in the Gideon Walker Survey, Abstract
Number 1330, located generally 2000 feet south of the 6000 block of East McKinney Street, City
of Denton, Denton County, Texas, in connection with the Atmos’ Lake Dallas Natural Gas
Storage Facility; and providing an effective date.
BACKGROUND
In the 1930’s, Lone Star Gas Company did find and deplete a natural gas formation, situated in
geographical area proximate to East McKinney Street and Mayhill Road, within a sub-surface
strata known as the “Strawn Sands”.
In the early 1960’s, Lone Star Gas Company (now Atmos Energy Corp.) developed a natural gas
storage field within the depleted “Strawn Sands” formation (Lake Dallas Natural Gas Storage
Facility). It is commonplace practice by the natural gas industry to store produced natural gas
within depleted gas reservoirs so that the commodity is readily available to sufficiently supply
the needs of customers during periods of peak demand.
In 1997, the City of Denton purchased a 240 acre tract of land from the Callahan family, for
complement uses associated the adjacent City owned tracts to the southwest (Pecan Creek
Wastewater Reclamation Plant). The 240 acre tract was purchased by the City subject to the
numerous existing leases held by Lone Star Gas Company. Those existing leases include several
2.0 acre well site tracts and a 6.89 acre tract that provides ground space for all operations
associated with underground mass storage of natural gas, inclusive on multiple vertical well
installations, compression systems and appurtenances.
Atmos Energy is presently upgrading to achieve higher operational efficiencies at its Lake Dallas
Storage Facility. As part of that plant upgrade, Atmos will be establishing an additional injection
well within one of its existing 2.0 acre well tract lease areas, so as to increase their ability to
withdraw stored gas during periods of peak demand. In order to have optimal access and
working room for the establishment of the contemplated injection well, Atmos Energy desires to
obtain a temporary license from the City, adjacent to their 2.0 acre well lease tract area (Exhibit
1 & Exhibit 2).
Staff is agreeable to the proposed injection well in the existing Atmos leased property. Based on
the lease terms Atmos can establish additional injection well within the existing Atmos lease
area. Staff has evaluated the current market values of surrounding properties and recommends a
00
one-time license fee of $21,805., being representative of present rental rates for the market
area.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Staff recommends approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
EXHIBITS
1.Location Map
2.Site Map
3.Ordinance
Respectfully submitted,
P. S. Arora, P.E.
Assistant Director Wastewater
Prepared by,
Paul Williamson, Real Estate Manager
Pecan Creek Wastewater
Reclamation Plant
LOCATION
Denton Municipal Landfill
LOCATION MAP
ATMOS LICENSE
EXHIBIT 3 attachment to AIS
CITY OF DENTON CITY COUNCIL MINUTES
May 15, 2012
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 15, 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, Council Member Roden, Mayor Pro Tem Kamp,
and Mayor Burroughs.
ABSENT: None
1. Citizen Comments on Consent Agenda Items
There were no comment cards submitted for this item.
2. Requests for clarification of agenda items listed on the agenda for May 15, 2012.
Council Member Gregory asked if Consent Agenda Item S automatically triggered the overtime
for the police department to supervise the event which was paid for by the organization.
Emerson Vorel, Director of Parks and Recreation, stated that it did and that it was the same
requirements as for Quakertown Park.
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.
Jon Fortune, Assistant City Manager, reviewed the history of the convention center, dating back
to 1994-95. The City's goals for the convention center were to encourage the convention and
tourism industry, resulting in positive economic impact to Denton retail, restaurant, and hotel
business; expand the tax base through construction of new retail and restaurants; provide a
facility in Denton to serve citizens, businesses, educational institutions, and organizations, that
created opportunities for meetings, expositions, events/celebrations.
Partnerships for the project included the University of North Texas, the city of Denton, and
O'Reilly Hospitality Management (OHM) who were developing a proposal based on the
principals established by the three partners in January 2012.
Project concepts - UNT previously purchased the remaining years on the Radisson agreement,
demolished the Radisson and prepared the site for construction. UNT would lease land to OHM
and to the City. The City would build and own the convention center. It would lease the
convention center to OHM for management and operation. OHM would build and own the hotel
and restaurant and would manage the convention center.
Proposed Financing of the Convention Center – the City would sell Certificates of Obligation to
fund the construction of the convention center. The city’s revenues from property, sales and
lodging taxes that were generated by this property would be dedicated to retiring the debt.
City of Denton City Council Minutes
May 15, 2012
Page 2
OHM's lease payment to the City for the convention center would equal the balance needed to
pay the debt. The goal of the project was to be self-supporting.
Tim O'Reilly, CEO - O'Reilly Hospitality Management, presented information on their company.
It was a full service hotel and restaurant management company that developed, designed, built
and operated upper upscale hotels, conference centers and restaurants. In 2012 their revenues
were $35 million with 800 employees. OHM was a licensed owner and operator by Marriott
Hotels International, Hilton Hotels, Holiday Inns, Wyndham Hotels and Houlihan's Restaurants.
In January 2011 OHM hired a development team that had designed, built and managed over 80
hotels, convention centers and restaurants over the past 25 years. Information on OHM’s
development team experience was presented.
Project Overview – the project would consist of an Embassy Suites Hotel, Denton Convention
Center and Houlihan's Restaurant and Bar. It would be a 13.5 acre site with 745 parking spaces
and 414,000 total square feet. Total projected project costs were at $85 million. The schedule of
next steps included approval of the development agreement with the City and UNT, construction
to start in January 2013 and open in the summer of 2014.
Projected Impact – the economic impact was estimated to be $47 million annually with an
employment impact of 508 and a construction impact for two years at $50 million with 480 jobs.
OHM’s private investment was $4,150,000 payroll and marketing.
Hotel overview – the hotel would be an Embassy Suites hotel with 318 suites, 12 stories,
250,000 square feet, complimentary breakfast and beverage, indoor pool and fitness center, and
would be LEED certified.
The Convention Center overview was 120,000 total square feet with an 18,000 foot banquet
room, 20 small meeting rooms and would be LEED certified.
The restaurant would be a Houlihan's Restaurant and Bar that was 8000 square feet with 290
seats, an outdoor patio with a fire pit overlooking Apogee Stadium and LEED certified.
Dr .Lane Rawlins, President-UNT, stated that they were excited for the project. The University
was striving to reach more people in north Texas and to become the educational regional center
of the area. With this project they would be able to host and attract conferences that they were
currently not able to do.
Council Member Gregory asked if the business model in terms of the hotel was to get the
convention center built and then sell the hotel to someone else.
O’Reilly stated that to date they had not sold any of the hotels that they had built.
Council Member Roden questioned how the three entities would be involved in the marketing of
the facility.
City of Denton City Council Minutes
May 15, 2012
Page 3
O’Reilly stated that all three had the same vested interest in bringing business to the facility.
O'Reilly would bring the expertise for the hotel aspect while the Convention and Visitors Bureau
would bring events to the conference center.
Mayor Pro Tem Kamp stated that she would encourage UNT and the City to have strong
sustainable goals and to do everything possible for sustainability.
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.
Bryan Langley, presented information on Council Priority Funds.
The 2011-12 adopted budget identified $283,676 in possible funding for the following Council
initiatives; (1) additional street maintenance funding, (2) implementation of various elements of
the bike plan, (3) additional traffic signals, (4) DCTA Downtown shuttle capital and operating
costs, and (5) neighborhood improvement incentives.
During the budget process, Council did not allocate funding to specific items since the exact cost
and project information was not known. Langley provided information on individual project cost
information.
Funding Options were (1) Option 1 - allocate the entire $283,676 according to Council priorities,
(2) Option 2 - allocate a portion of the 283,676 to Council priorities and allow the remaining
funds to accrue to fund balance; or (3) Option 3 - do not allocate any funds at this time and
determine funding priorities in the FY 2012-2013 budget process. Preliminary figures would be
presented in June.
Council Member Roden asked if it was anticipated that there would be a similar allocation of
money for Council initiatives in next budget cycle.
Langley stated that the five year forecast indicated that $283,000 would be spent on Council
projects.
Council Member King asked about $300,000 less than a deficit last year.
Langley stated that the budget accounts had $920,000 to draw down to transfer to the street
improvement fund which increased the amount in the street maintenance fund and was part of
that funding.
Council Member Gregory asked how the sales tax figures were at this point.
Langley stated that there were strong collections at this point in time.
Mayor Burroughs felt that it did not make any sense to allocate the funds at this time.
Council Member Roden stated that he would like to hear more about the neighborhood incentive
program during the upcoming budget cycle.
City of Denton City Council Minutes
May 15, 2012
Page 4
Council Member Engelbrecht asked staff to find out if there were funds available to help with
other grants for the area.
Consensus of the Council was to bring the incentive issue back for discussion during the budget
process.
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.
Bryan Langley, Chief Finance Officer, stated that a $20 million bond program was proposed for
the reconstruction of existing streets which included all costs associated with engineering, right-
of-way acquisition and construction activities. Funding was intended to complement increased
street maintenance funding but would not replace the need to increase maintenance funding over
time. The bond program assumed no tax rate increase.
In 2006, the Council approved a Public Art Policy which stated that 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 conditions would be included. Based on this policy,
$400,000 to $800,000 would be needed to be reserved from the proposed $20 million street bond
program for public art. To address this issue, Council asked the Citizens Bond Advisory
Committee to provide a recommendation on whether the Public Art policy should be
implemented.
th
On May 7 the Citizens Bond Advisory Committee voted to recommend that the public art
policy be applied to the upcoming bond program. The Committee did not make a formal
recommendation on the level of funding. As such, staff needed direction from Council on what
percentage of the bond program should be dedicated to public art. The charge of the Committee
was only to determine whether the public art policy should be applied. Since that was
recommended, staff needed direction from Council on how public art projects should be selected.
Council could select projects, or ask for project recommendations from the Bond Advisory
Committee, Public Art Committee, or another committee.
The Committee also discussed how individual bond propositions were determined and whether
public art was required to be a separate ballot proposition. If public art was closely related to
street improvements, one ballot proposition could be considered. Even if art was related, the
Council may require a separate ballot proposition. Standalone public art projects, however,
would require a separate ballot proposition. Staff was requesting Council direction on whether
the proposed public art should be a part of the street improvements and how these items should
be presented to the public as a bond proposition in November.
Langley stated that in summary, staff requested direction on what percentage of the bond
program should be dedicated to public art, how should public art projects be selected, and how
should public art items be presented on the ballots in November.
Consensus of the Council was that 2% should be dedicated to public art.
City of Denton City Council Minutes
May 15, 2012
Page 5
Council Member Roden asked if the public art had to be street related.
Langley stated that was an option and could be community wide but did not have to be related to
streets.
Council Member Watts stated that it was his understanding that if any of the money was to go for
a public art project, it had to be two separate bond positions. If combined to one language or left
out it would have to be interrelated. Given the resolution was approved by Council he felt it
would hinder the fund for whatever public art was wanted if it were tied directly to the streets. If
money were being allocated for public art, the voters should be allowed to decide for the street
improvements and for public art. It would be cleaner and provide more opportunity for public
art in the community. In future bond elections with multiple subjects, he felt it should be a
separate component. He felt it would be best to have two separate ballots because if they passed,
then there would be unrestricted money for the arts.
Council Member King asked if there might be a way to have it all in one but used separately.
Langley stated that the proposition had to be very clear on what was to be voted on.
Council Member King stated that he did not want it embedded in the streets.
Langley stated that there could be two bond propositions with one for street improvement and
one for public art. The voters could vote up or down vote on everything.
Mayor Burroughs asked if entrance markers to the City on major roads would be related to
streets.
Langley stated that he would have to check with bond counsel but felt it would be separate.
Council Member Gregory stated that there had been discussions about art related to bridges and
overpasses with TxDot and discussed local participation with encouragement to have that happen
at high caliber. The city needed to find money for that project and questioned if that could be a
potential use of the funds.
Mayor Burroughs asked about the timing of the selection of the projects and whether it would
have to be done before the public vote or allocate the funding later.
Langley stated that specific categories such as types of things looking at would have to be
identified. The project may not have to be designed but there would have to be some detail.
Council Member Watts stated that the resolution indicated that public art was to be with every
bond program with 2% of the total allocated to public art. To not tie the funding to specific
projects, there would have to be two propositions to vote on. There was always the risk to vote
for streets and not for the art.
Council Member Gregory stated that he had a citizen say if public art was included in the street
project, he would vote it down.He was curious of the sentiment of the people on the committee.
City of Denton City Council Minutes
May 15, 2012
Page 6
Langley stated that there had been a lot of discussion regarding the issue and there were people
on both sides of the fence. Some had concern with public art while others were very passionate
about public art.
Council Member Roden asked if examples of the concept of public art were provided.
Langley stated that Jo Williams gave a presentation of projects done over the past several years.
The Committee had discussions on entranceway signage, pavement designs and traffic calming
devises in intersections to slow traffic down.
Mayor Pro Tem Kamp stated that in 2006 the intent of the Council was to fund public art but it
was not to tie public art to specific projects. She felt that the decision on what the projects
should be would come from the Public Art Committee.
Mayor Burroughs stated that Council had provided direction on a 2% funding but needed to
determine a single ballot proposition or two ballot propositions.
Council Member King asked if the Committee knew about the legal recommendation.
Langley stated that the Committee had the wording from the bond counsel.
Mayor Burroughs noted that the Committee did not formally adopt a position on one or two
propositions. That was a decision for Council to make. He stated that the option was either
street related art or two propositions for public art with a general sense for use.
Council Member Gregory felt that the Public Art Committee should select the public art.
Council Member Roden suggested hearing what the Public Art Committee felt on the issue. If
the propositions were separate, it would not restrict the use of the funds. Another consideration
was to have a neighborhood work on a neighborhood incentive project.
Mayor Burroughs asked about the timing to establish which way to go.
Langley stated that Council would receive a recommendation from the Public Art Committee
and Bond Committee at the June 19th meeting.
Mayor Pro Tem Kamp asked why one proposition clearly stated was not feasible.
City Attorney Burgess stated that the concept dealt with how the propositions were crafted.
Generally there was a single notion of street improvements and related issues to include art
associated with street improvements. One thought was to separate the propositions out to be sure
there was a clear contract with the voters on how the money would be used.
Council Member Engelbrecht stated that it appeared there should be two separate ballot issues to
be sure the public was aware of what the street funding would be for. At this point it was not
sure what public art was. A problem with people’s perceptions of public art was that without a
clear distinction of public art there would be a problem.
City of Denton City Council Minutes
May 15, 2012
Page 7
Langley stated that the consensus of Council was 2% on public art based on a recommendation
for projects from the Public Art Committee.
Following the completion of the Work Session, the Council convened into a Closed Session to
consider 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 Zavo v. City of Denton, Cause No. 2010-40410-362,
currently pending in the 362nd District Court of Denton County.
Item A. 1. was not considered.
B. Consultation with Attorneys - Under Texas Government Code, Section 552.071;
and Deliberations Regarding Real Property - Under Texas Government Code,
Section 552.072.
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.
City of Denton City Council Minutes
May 15, 2012
Page 8
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.
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
There were no proclamations/awards for this meeting.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Robert Donnelly regarding streets.
Mr. Donnelly expressed a concern regarding the expansion of Mayhill Road. He was trying to
find out what kind of landscaping would be done when the bridge was installed. The Denton
Development Code indicated unless exempt from Subsection C, the landscaping requirements
would apply to undeveloped land. Exemptions were capital improvement projects awarded prior
to the passage of the regulation which did not apply to this project. He questioned where the
exception was regarding the code regulations for landscaping and why the City was not
following its own regulations.
Mayor Burroughs questioned what kind of mitigation Mr. Donnelly felt would be appropriate.
City of Denton City Council Minutes
May 15, 2012
Page 9
Donnelly stated that perhaps some type tree that would be tall enough to hide the wall.
4. CONSENT AGENDA
Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt 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 Ordinance exception listed below.
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.
Approved the minutes listed below.
B.Consider approval of the minutes of:
April 2, 2012
April 3, 2012
April 10, 2012
April 17, 2012
Resolution No. 2012-013
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).
Ordinance No. 2012-098
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).
Ordinance No. 2012-100
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).
City of Denton City Council Minutes
May 15, 2012
Page 10
Ordinance No. 2012-101
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).
Ordinance No. 2012-102
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.
Ordinance No. 2012-103
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.
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.
Ordinance No. 2012-103
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
City of Denton City Council Minutes
May 15, 2012
Page 11
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.
Ordinance No. 2012-104
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.
Ordinance No. 2012-105
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 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.
Ordinance No. 2012-106
Consider adoption of an ordinance finding that a public use and necessity exists to
L.
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.
City of Denton City Council Minutes
May 15, 2012
Page 12
Ordinance No. 2012-107
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.
Ordinance No. 2012-108
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.
Ordinance No. 2012-109
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 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.
Ordinance No. 2012-110
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).
City of Denton City Council Minutes
May 15, 2012
Page 13
Ordinance No. 2012-111
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).
Ordinance No. 2012-112
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).
Resolution No. R2012-014
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 and Zoning Commission recommends approval (7-0).
This item was continued from the April 17, 2012 City Council meeting.
Mark Cunningham, Director of Planning and Development, stated that one of the Council
discussion points at their last meeting regarding this item centered on who designed the structure
and whether it was O’Neill Ford. Staff was able to determine that the architect signature block
was signed by Arch Swank, who was an associate of O’Neill Ford and Roland Laney. There was
no determination of who did the work and staff could only say that the signature block was
signed by Arch Swank from the O’Neill Ford firm. The Historic Landmark Commission was
considering requesting that the property be preserved as a historic landmark of O’Neill Ford.
Council Member Roden asked about the conclusion of the Historic Landmark Commission after
studying the issue.
City of Denton City Council Minutes
May 15, 2012
Page 14
Cunningham stated that the Historic Landmark Commission concluded that regardless of who
the actual architect was, they felt the building was worthy of historical preservation.
Mayor Burroughs indicated that Speaker Cards has been submitted for the item.
Larry Reichhart, representing the property owner, stated that they had two issues for
consideration. One was to further restrict the overlay district by removing all uses that could
potentially be permitted with a specific use permit which had been accomplished. That zoning
issue had been resolved. The other issue was whether the building was an O’Neill Ford building.
Bob Laney, Roland Laney’s son, had submitted an email concerning the request. In his email he
stated that he felt his father would want what was best for current residents of Denton. If it
would be best to have a new building in place of the existing one, then that was the way it should
be. He also felt that the three architects would agree that the building had served its purpose.
The intent was to rehabilitate the building but given cost that might be involved, it may be more
economical to build a new facility.
Council Member Roden asked for a sense of the time line involved.
Reichhart stated that before he was hired, the owners had a common thread which was their faith.
It was not a formal type of religion but the idea was that they had parents getting older and the
cost of retirement homes was high. They felt they could run such a facility for others in the same
situation. Based on their research they determined that rehabilitating the building was the only
thing necessary and came to Denton to work on the building. However, they did not have the
proper permits and had to stop. It was at that point that the owners hired him to assist with the
process. He felt the procedure was to rezone the property. As the lender was going to foreclose
on the property, the lender wanted to list the property for sale if the rezoning did not go through.
From that point, a neighborhood meeting was held and it was agreed to limit the number of uses,
eliminate retail and only have an assisted living facility. NRMU-12 zoning was the lowest
zoning that allowed assisted living.
Council Member Roden stated that the original zoning was NR-3 and that the requested zoning
was NRMU-12. The zoning category between those two had been skipped and questioned why.
Reichhart stated that staff had proposed the NRMU-12 due to the larger square footage allowed.
Council Member Roden stated that there was an option to get the non-conforming use reinstated
and questioned why what was not requested.
Reichhart stated that there was the possibility to lose a non-conforming use and based on
research, it was also harder to get construction loans on non-conforming uses rather than on
proper zoning.
Council Member Gregory asked about the recreational trailer on the property.
Reichhart stated that one of owners had started to rehabilitate the building and left the truck there
when he received the cease work order. That owner had temporary power reestablished and was
looking through the building to see what would have to be done.
City of Denton City Council Minutes
May 15, 2012
Page 15
Council Member Gregory asked what would happen to the property if the zoning request for
NRMU-12 with restrictions was denied and the property remained NR-3.
Reichhart stated that he did not know. He was not sure if the owners would want to continue
with another process to re-establish the special exception. The owners were discouraged by the
process and did not know if they would sell the property or try to get the use back.
Mayor Pro Tem Kamp asked if the client would be willing, if possible, to save the facade and
rehabilitate the facility for assisted living.
Reichhart stated that they would be willing to look at that option.
Mayor Pro Tem Kamp asked that when the owners started to redo the project, did they have
plans to save the façade.
Richhart stated that they really did not have any formal plans. They were going to do a room at a
time. They were lay people who did not know the development process. Since that time, they
have hired a marketing person.
Mayor Pro Tem Kamp asked if they would be willing to save the facade as many people felt it
was historic.
Richhart indicated that he did not know at this point in time.
Mayor Burroughs asked about the possibility of a special exception to allow for the opportunity
to initiate a rehabilitation plan. It would allow time for the owners to go through and determine
if rehabilitation would be possible and then if there was a problem that rehabilitation could not
be done, provide the ability for the owners to come back to pursue other alternatives.
Richhart stated that if the owners had an unlimited source of funding that might be possible but
that scenario was asking them to spend a lot of money not knowing what the outcome would be.
Council Member Watts asked if a representative of the owners group was present to answer
questions.
Reichhart replied no.
Council Member Watts asked if the Internet ad for the sale of the property was done because of
the bank.
Reichhart stated that it was a negotiation between the lending institution and owners to not
foreclose on the property.
Council Member Watts stated it was his understanding that the property was bought out of
foreclose.
Reichhart stated that the bank could take back the property for non-performance.
City of Denton City Council Minutes
May 15, 2012
Page 16
Council Member Roden asked if there were any representatives at any of the meetings that
discussed this proposal.
Reichhart stated that there were no local representatives. They were located all throughout the
country. The idea was to build the facility and then have an office on the property.
Council Member Roden asked for the names and locations of the owners. The neighborhood
wanted to know who they were dealing with.
Reichhart indicated that he only dealt with an attorney from New York.
Mayor Burroughs stated that this zoning request did not contain a requirement to list names and
locations of the property owners. There were a lot of entities where it was hard to identify
ownership. The status of the ownership should not reflect one way or another on the request.
Council Member King asked what would happen if the proposal was not approved and the
property received a historic designation.
Richhart stated that adding a historic designation to the property would probably cause the cost
to increase so much more to rehabilitate the property that the owners might walk from the
development.
Council Member Gregory stated that some time back the former owners of Fairhaven had
applied for human services funds at Collin County to rehabilitate the property. He asked why the
facility did not have enough tenants and clients to remain open.
Reichhart stated that he heard that the building was not maintained properly over the years.
When inspectors gave a list of items to repair, the cost was so much that the owner left the
property and HUD took over. The building had been neglected for a long time.
Mike Cochran, 610 W. Oak Street, Denton, spoke in opposition.
Council Member Roden stated that the seals on the drawings of the property were signed by
Arch Swank and some felt that made it not an O’Neill Ford building.
Cochran felt that was not the case and that it was an O’Neill Ford building.
Council Member Watts stated that Cochran’s presentation was primarily centered on the
rezoning classification of the property and the neighborhood concerns with rezoning in terms of
the owners giving assurance that what they said would be done with the property would happen.
He felt that, in the end, the objection was to the lack of a plan and the lack of a use with the
potential of demolishing the structure.
Cochran stated that there were two distinct issues and that he had only addressed the zoning
issues because that was what was on the agenda. Neighborhood preservation was a real issue.
City of Denton City Council Minutes
May 15, 2012
Page 17
Council Member Engelbrecht stated that in this case, the neighbors had a fear of what might
happen in their neighborhood. From a preservation standpoint, the issue was the dwindling
supply of historic structures in the City.
Council Member Gregory stated that he saw both sides of the equation of historic preservation
and ownership of property to not be overly encumbered with what could be done with the
property.
Mayor Burroughs stated that his difficulty was that if the NR-3 zoning was maintained, the
owners could bulldoze the property. The property should not remain NR-3 if it was desired to
keep the structure. The best case was to rehabilitate the outside elements and restore the inside
to a usable facility.
Council Member Engelbrecht asked about the condition of the property when it went into
receivership.
Cochran stated that for a period of time, it still operated as Fairhaven. Around 2006 the manager
left and the facility was turned over to Plano Homes and closed in 2009. He had heard that the
facility had been vandalized.
Council Member Engelbrecht stated that he had heard of structure foundation problems and
asked if anyone knew about the condition of the structure.
Cochran replied that no one to his knowledge knew about the structure condition.
Council Member Engelbrecht stated that this was a unique situation where a prominent architect
designed the structure but 50 years later, people were trying to figure out what to do with it. He
questioned if it could not be a senior facility due to codes, would the market place want it.
Cochran felt that was not true. The previous director had spoken to him about the viability of the
building and how the arrangement was suitable due to the location of doors, etc. for the residents.
Robert Troy, 9612 Whitehurst Drive, Dallas, 75243, spoke on the proposal. He stated that he
was a licensed architect and was not associated with Plano Community Homes. His research
indicated that HUD had asked Plano Homes to take over the facility and that there were
structural foundation problems when they took over. He found in his research about Fairhaven
that Ford spent 18.5 hours on Fairhaven and that he did not design the building in that amount of
time. This was confirmed by Mr. Laney that Ford was the front man to obtain the commission
for the funding. The architect for the construction was Roland Laney. He felt it was not an
architecturally significant building due to Ford. He had checked with many departments and the
design architect was Arch Swank. He felt that the Council should be mindful of what Bob Laney
said that if the citizens would be better served by allowing the owners to construct a new
building, then that was the way it should be. He felt that three architects would agree with that.
Mayor Burroughs stated that the architect information on City Hall and the Library were not
stamped by Ford but were actually designed by him and asked Mr. Troy to explain that situation.
City of Denton City Council Minutes
May 15, 2012
Page 18
Troy stated that he could only speak on Fairhaven.
Council Member Gregory stated that he had backup minutes from Fairhaven where in 1961 there
was a bill for 15 hours from Ford and another bill later with Ford having more hours.
Troy stated that he had been through the owners file and did not see that. Mr. Ford was the front
man who helped secure the project for Swank and Laney.
Mayor Pro Tem Kamp asked if Troy had recommended in 2006 that the facility be gutted.
Troy stated that the Plano Community Board had asked him for an evaluation which he did.
Council Member Roden asked Mr. Troy if he had had a chance to speak with the current owners
relating to building.
Troy stated that they were not his client and he had nothing to do with them.
Comment cards were received from the following individuals:
Gary Hayden, 2106 N. Bell, Denton, 76209 - opposed
Brian Wheeler, 1823 N. Bell, Denton, 76209 - opposed
Brandt Davis, 1902 N. Bell, Denton, 76209 - opposed
Carrie Ettredge, 606 Woodland, Denton, 76209 - opposed
Council Member Roden stated that it appeared that the original intent was to rehabilitate the
building. They had heard from Mr. Troy that the building was known to have significant
structure problems. He asked Mr. Reichhart if he was aware of the condition of the building.
Reichhart stated he did not have any contact with the owners prior to them purchasing the
property so he did not know the answer to that.
Council Member Roden asked when, during the discussions with the owner’s attorney, the
hesitation to not rehabilitate the existing building came up.
Reichhart stated that they did not say that. It was an option but their intent was to rehab the
property if possible. They would still have to gut the interior.
Council Member King stated that the NRMU-12 zoning might be the closest zoning to what was
there without having to do a specific use permit.
Reichhart stated that it was not a specific use permit; the zoning was considered a non-
conforming use. They would have to go back to the Zoning Board of Appeals to get the zoning
reinstated.
Council Member King felt that the project might have been related to Ford but was not
architecturally significant Ford project. The Little Chapel in the Woods was a significant project
of Ford’s but not Fairhaven. He was not opposed to the NRMU-12 zoning and felt that too many
City of Denton City Council Minutes
May 15, 2012
Page 19
restrictions on the property might make it undevelopable and it would remain vacant for many
more years.
Reichhart stated that the zoning would be for single family or assisted living, based on the
restrictions of the overlay district.
Council Member Roden stated that at this meeting, Council was not deciding historic
preservation but rather strictly the zoning issue.
Council Member King motioned to approve.
Council Member Watts stated that there was an overlay for elder care only or for single family.
He asked if the motion was for assisted care only under the NRMU-12 designation or single
family.
Council Member King stated that the reason for this meeting was to determine the historical
significance of the facility. His motion would include the uses from the previous meeting.
Mayor Burroughs stated that the overlay restriction was only for elderly assisted living or single
family or agriculture. He asked if Council had the ability to impose a special exception or extend
the prior grandfathered use to allow for the rehabilitation of the existing building without having
to rezone to that.
Cunningham stated that a special exception was a designation for uses that were legally
permitted prior to the adoption of the Development Code. Council could not apply for a special
exception to be applied after the fact.
Mayor Burroughs asked if Council had the ability to supersede the waiver for lack of use as a
special exception did exist.
City Attorney Burges stated that the applicant would come forward with the request and the
burden of proof was on applicant to show that there was not a lapse of the use. The applicant
must make a showing that there not a lapse.
Mayor Burroughs questioned if Council could waive that lapse.
City Attorney Burgess stated that it would have to go to the Zoning Board of Adjustment for a
determination.
Council Member Roden stated that the backup indicated that there were two options; one to
rezone or to apply to the Zoning Board of Adjustment to establish the non-conforming use.
There was a possibility to re-establish that use by showing that there had been no lapse of use.
City Attorney Burgess stated that it would be a question of fact that the applicant would have to
prove.
City of Denton City Council Minutes
May 15, 2012
Page 20
Council Member Gregory stated that the neighbors would like the facility to continue as a
retirement center or assisted living and if in the current building to look as it did now. They did
not want retail or multi-family. He felt the proposal satisfied most of neighborhood as it did not
allow retail or multi-family and was the path more likely to allow the applicant to provide a
nursing home. The proposal dealt with zoning questions and not historical designation. He was
not sure that NR-3 was a path that allowed the neighborhood to seek what it wanted. He felt NR-
3 was a more likely path for the building to go away and single-family to replace it.
Council Member Watts stated that this was not a historical preservation action; it was a zoning
discussion. If the property were going to be rezoned, there needed to be a way to allow the
property to be developed within the restrictions including tearing down the building. If the
building could not be developed, it would attract vandalism. There was a church on the south
side, apartments across the street and single family on the north side. His personal problem with
the rezoning was not whether to tear down the building; it was the lack of ability of the owners to
give a comfort level. He would vote to approve the proposal except for the lack of information
and transparency from the owners. Because of this fear he would probably vote to table the issue
again until there was buy in from the applicant or have to vote to deny on that basis.
Council Member Engelbrecht asked about the provisions for a special exception.
City Attorney Burgess stated that the Code indicated that if the use was discontinued for six
months the exception would no longer be in effect but that there was an opportunity to show that
there was not intent to abandon the use.
Council Member Engelbrecht stated that a special exception in this circumstance would be hard
to prove. The owners purchased the property without being sure of the zoning and city
regulations. The property originally had NR-3 zoning with a special exception that was no
longer in effect and the owners were asking for NRMU-12 so they could have more density. He
did not feel he could vote in favor of the motion.
Mayor Pro Tem Kamp stated that she was uncomfortable with the request. This was a zoning
case and only a zoning case and she could not support the way it was presented to Council.
Mayor Burroughs questioned what were the differences in height and other restrictions versus
what was currently there. He asked what more could be done if the current facility was
bulldozed and a new center built. He felt there were three choices. One was to table the request,
one was to deny which would condemn the building, and one was to approve the overlay with
the overlay only allowing the existing use in the existing footprint. If the overlay limited just to
what was there or single-family, then he felt it was accomplishing what were unforeseen
consequences in the overlay.
Council Member King stated that he did not know owners but that they probably were not the
only people who bought property without knowledge of the zoning. There had been many times
when Council had zoning cases and the applicant was not present. He felt the owners maybe did
not understand how difficult this would be as on the surface it seemed easy. He did not know
them but it appeared that some assumed they had an evil intent.
City of Denton City Council Minutes
May 15, 2012
Page 21
Mayor Pro Tem Kamp felt that the neighborhood had a legitimate concern but also wanted to see
the facility rehabilitated with assisted living. She felt the owners needed to meet with the
neighborhood.
Mayor Pro Tem Kamp motioned to postpone consideration to a date certain of July 17, 2012.
Motion by Council Member King was overridden by the motion to postpone.
Council Member Watts asked Mr. Reichhart why none of the owners were present.
Reichhart stated that every use for NRMU-12 had been eliminated except for assisted living. It
was very straight forward that they wanted to do assisted living. The purpose of this meeting
was over the controversy of the historic nature of the building and they did not have any
knowledge of that.
Council Member Watts stated that the neighborhood wanted to see that there was a partner with
the development.
Mayor Burroughs felt that it was clear that the Council was heading in the same direction to
preserve and protect the neighborhood but not close out the use of the property. He did not feel
leaving the zoning at NR-3 was the best result. If the priority was to preserve and protect what
was there NR-3 did not do that.
Mayor Pro Tem Kamp motioned, Council Member King seconded to postpone consideration to
the date certain of July 17, 2012. On roll call vote: Council Member King, Council Member
Watts, Council Member Gregory, Mayor Pro Tem Kamp, Mayor Burroughs – “aye”. Motion
carried.
Resolution No. R2012-015
B. Consider approval of a resolution naming the Rail Trail pedestrian bridge over
Loop 288 after Dr. Martin Luther King, Jr.
th
Emerson Vorel, Director of Planning and Development, stated that at the May 8 meeting,
Council asked staff to bring forward a resolution naming the Rail Trail pedestrian bridge over
Loop 288 after Dr. Martin Luther King, Jr. Staff had been researching an appropriate project for
several years for such a naming.
Mayor Pro Tem Kamp motioned, Council Member Roden seconded to approve the resolution.
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. 2012-113
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
City of Denton City Council Minutes
May 15, 2012
Page 22
providing an effective date (Bid 4868-awarded to Massana Construction, Inc. in
the amount of $1,718,138.40).
Emerson Vorel, Director of Parks and Recreation, reviewed the history of the development of the
bridge. He stated that funding for the bridge would come from regional toll road funds and other
sources.
Council Member Gregory 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.
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.
Mayor Burroughs asked for an update on the mitigation question on roadway improvements.
Council Member Engelbrecht stated that the Fairhaven issue in terms of the historical aspect
raised the issue that it seemed that the City was always behind the issue rather than ahead. He
suggested a joint meeting with the Historic Landmark Commission to charge them with the task
of looking at what facilities the City might want to consider historical and need to be save or
neighborhoods that Council needed to be concerned about.
Mayor Pro Tem Kamp stated that Saturday from 10-3 there would be an auto show at the
Williams Trade Square for benefiting the Combat Tracker Team of Viet Nam.
Council Member King stated that next Wednesday would be the graduate reception at the ATC
Center.
Council Member Roden asked for an update on form base zoning in the downtown area.
City of Denton City Council Minutes
May 15, 2012
Page 23
Council Member Roden asked for an update on the neighborhood concerns with TWU.
Mayor Pro Tem Kamp asked for an update on the outcome of the COG meeting with DISD and
the sidewalk project.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
C.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 9:05 p.m.
_____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 22, 2012
After determining in Open Session that a quorum was present, the City Council convened in a
.
Special Called Closed Session on Tuesday, May 22, 2012 at 5:30 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. Closed Session
A. Consultation with Attorneys – Under Texas Government Code Section 551.071;
Deliberations regarding Real Property – Under Texas Government Code Section
551.072.
1.Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of a 2.0 acre tract, more
or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton
County, Texas, and located generally at the corner of McKinney Street
and Oakland Street, City of Denton, Texas. Consultation with the City’s
attorneys regarding legal issues associated with the potential acquisition of
the real property described above where a public discussion of these legal
matters would conflict with the duty of the City’s attorneys to the City of
Denton and the Denton City Council under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas, or would jeopardize the
City’s legal position in any administrative proceeding or potential
litigation.
Following the completion of the Closed Session, the Council convened in a Special Called
Session in the Council Work Session Room to consider the following:
Ordinance 2012-114
1. Consider adoption of an ordinance delegating authority to the City Manager of the City of
Denton, or his designee, to take any actions that are to be, or may be, taken by the City of
Denton under that certain Contract for Sale of Real Estate (“Contract”), by and between
the City of Denton, Texas, as Purchaser and Denton County, Texas, as Seller, dated
March 6, 2012, City of Denton Ordinance No. 2012-063, contemplating the sale to and
purchase by the City of Denton of an approximate 2.0 acre tract of real property in the
Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas, located generally at the
corner of McKinney Street and Oakland Street, City of Denton, Texas; authorizing the
City Manager of the City of Denton, or his designee, to negotiate and amend the
Contract, for and on behalf of the City of Denton; and providing for an effective date.
Mayor Pro Tem Kamp motioned, Council Member King 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. 2012-115
2. Consider adoption of an ordinance of the City of Denton, Texas approving an Estoppel
Certificate to 4736 Lockheed Associates, Ltd. and AccessBank Texas for hangars located
City of Denton City Council Minutes
May 22, 2012
Page 2
at 4650 Lockheed and 4736 Lockheed at Denton Airport; and, providing an effective
date.
Mayor Pro Tem Kamp left the meeting with a conflict of interest.
City Manager Campbell stated that this was a request from AccessBank and was consistent with
the original lease agreement.
Council Member Watts stated that the estoppel was the same as the other ones the Council had
recently done.
Council Member Engelbrecht motioned, Council Member Watts seconded to adopt the
ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member
Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”.
Motion carried unanimously.
Mayor Pro Tem Kamp returned to the meeting.
Special Called 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.
Ordinance No. 2012-116
2. Consider adoption of an ordinance canvassing the returns and declaring the results of the
Regular Municipal Election to elect two City Council Members to Places 5 and 6 and a
Mayor to Place 7 held in the City of Denton on May 12, 2012; declaring that no candidate
received the majority of votes cast for Place 5 and Place 7 and that a runoff election is
ordered to be held on Saturday, June 23, 2012; and providing an effective date.
City Secretary Walters presented the final vote totals in each race. She indicated that no
candidate received the majority of votes cast in Place 5 and Place 7 and that a runoff election
would be held on June 23, 2012.
Council Member Engelbrecht motioned, Council Member Watts 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
3. Oath of Office administered to newly elected Council Member.
City Secretary Walters administered the Oath of Office to James King, Place 6.
With no further business, the meeting was adjourned at 6:42 p.m.
City of Denton City Council Minutes
May 22, 2012
Page 3
_________________________________ ____________________________
MARK A BURROUGHS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
June 4, 2012
After determining in Open Session that a quorum was present, the City Council convened in a
Closed Session on Monday, June 4, 2012 at 11:30 a.m. in the Council Work Session Room.
PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht,
Council Member Roden, and Mayor Burroughs.
ABSENT: Mayor Pro Tem Kamp; Council Member King
1. Closed Session
A. Consultation with Attorneys – Under Texas Government Code Section 551.071.
1. Consultation with the City’s attorneys regarding legal issues associated
with the potential acquisition of certain real property interests, and duties
related to same, 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 legal position in any administrative proceeding or potential
litigation
2. Consult with City’s attorneys regarding legal strategies and options for
enforcement of unmet development obligations associated with the
Villages of Carmel subdivision (part of PD-132), generally located on
either side of Pockrus Page Road, and west of Post Oak Road, including
those obligations and requirements generally contained within City codes
and criteria manuals, as well as zoning ordinances, development
agreements and permits specifically applicable to the development or its
component parts.
3. Consult with City’s attorneys regarding legal strategies, status, and
potential settlement of pending litigation styled Love’s Travel Stops &
Country Stores v. City of Denton, Cause No. 2010-50304-367, currently
th
pending in the 367 District Court of Denton County
Following the completion of the Closed Session at 1:02 p.m., the Council convened in a Special
Called Session.
Ordinance No. 2012-117
1. Consider adoption of an ordinance abandoning and vacating (i) a Storm Water Drainage
Easement, from J. Newton Rayzor to the City of Denton, Texas, recorded in Volume 598,
Page 560, Real Property Records, Denton County, Texas; (ii) a Storm Water Drainage
Easement, from Suderman and Young Towing Company, Inc. to the City of Denton,
Texas, recorded in Volume 598, Page 562, Real Property Records, Denton County,
Texas; (iii) a Flowage Easement, from Suderman and Young Towing Company, Inc. to
the City of Denton, Texas, recorded in Volume 697, Page 219, Real Property Records,
City of Denton City Council Minutes
June 4, 2012
Page 2
Denton County, Texas; (iv) a Dam Construction and Flowage Easement, from Suderman
and Young Towing Company, Inc. to the City of Denton, Texas, recorded in Volume
697, Page 222, Real Property Records, Denton County, Texas; and (v) a Drainage
Channel Easement, awarded to Denton County, Texas, by and through that certain
condemnation, Cause Number 3664, styled Denton County v. J.A. Gladish, et al., County
Court of Denton County, Texas, and referenced in that certain Deed from Rayzor
Investments, Ltd. to Rayzor Hillview, L.P., recorded in County Clerk File No. 2005-
127449, Real Property Records, Denton County, Texas, all said easements being located
in the Francis Batson Survey, Abstract No. 43, Denton County, Texas and being located
within that certain 55.292 acre tract of land, being described in that certain Special
Warranty Assumption Deed, dated on or about December 18, 2008 and recorded as
County Clerk File No. 2008-134210, Real Property Records, Denton County, Texas,
located generally at or near the northwest corner of the intersection of Bonnie Brae Street
and U.S. Highway 380; and declaring an effective date.
Council Member Gregory motioned, Council Member Watts seconded to adopt the ordinance.
On roll call vote: Council Member Watts, Council Member Gregory, Council Member
Engelbrecht, Council Member Roden, and Mayor Burroughs – “aye”. Motion carried
unanimously
Ordinance No. 2012-118
2. Consider adoption of an ordinance authorizing the City Manager or his designee to
execute a Stormwater Management Facilities Maintenance Agreement and Perpetual
Easement Grant, by and between the City of Denton, Texas and RR Marketplace LP, a
Delaware limited partnership, related to drainage facilities located in Lot 1, Rayzor
Ranch Addition, an addition to the City of Denton, according to the plat thereof recorded
in Cabinet Y, Page 740, Plat Records, Denton County, Texas, located generally at or near
the northwest corner of the intersection of Bonnie Brae Street and U.S. Highway 380; and
providing an effective date.
Council Member Roden motioned, Council Member Gregory seconded to adopt the ordinance.
On roll call vote: Council Member Watts, Council Member Gregory, Council Member
Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously
With no further business, the meeting was adjourned at 1:04 p.m.
_________________________
MARK A BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
June 19, 2012
DEPARTMENT:
Economic Development
ACM:
Jon Fortune
SUBJECT
Consider appointing a nominating committee to recommend appointees to serve on the
Economic Development Partnership Board.
BACKGROUND
Economic Development Partnership Board (EDPB) members serve two-year terms and may
serve as many as three terms. The ordinance establishing the EDPB requires that the City
Council appoint three persons to serve as a nominating committee, to include two City Council
members and one person who is a member of the Chamber of Commerce. The nominating
committee members who appointed EDPB members in July 2011 were Mayor Pro-Tem Pete
Kamp, Council Member James King, and Chamber of Commerce member Hank Dickenson.
The committee is asked to confirm with each potential nominee his/her willingness to serve. The
nominating committee will then make its recommendation to the City Council for appointment to
the EDP Board at a future meeting.
The ordinance requires that EDPB members must fall into specific categories when they are
originally appointed to the Board (see chart below). City Council members and Chamber of
Commerce Board members may be reappointed to two additional consecutive terms even if they
no longer serve on the City Council or Chamber Board. The City Manager, George Campbell,
and President of the Chamber of Commerce, Chuck Carpenter, serve as ex-officio members and
have no defined terms of service.
Current EDPB members are:
EDP Board Member Category Term Expires
Marty Rivers, Chair Chamber of Commerce 2012 (Not Eligible)
Virgil Strange, Vice-Chair Chamber of Commerce 2013
Mark Burroughs City Council 2012 (Eligible)
Dalton Gregory City Council 2013
Denny Aldridge Top 20 Taxpayer 2013
Top 20 Taxpayer 2012 (Eligible)
Lane Rawlins University of North Texas 2012 (Eligible)
Cleve Breedlove Aviation 2013
Carrell Ann Simmons At Large 2012 (Eligible)
Marty Rivers has now served three two-year terms and is not eligible for reappointment this year.
Mark Burroughs, Lane Rawlins and Carrell Ann Simmons terms have expired but
are all eligible for reappointment.
ESTIMATED SCHEDULE OF PROJECT
The Nominating Committee is respectfully asked to report on their recommendations at the July
17, 2012 meeting so that newly appointed or reappointed EDP Board members may begin their
terms in August.
EXHIBITS
EDPB Ordinance
Respectfully submitted:
__________________________
Linda Ratliff, Director
Economic Development Department
AGENDA INFORMATION SHEET
AGENDA DATE:
June 19, 2012
DEPARTMENT:
Parks and Recreation Department
ACM:
Fred Greene
______________________________________________________________________________
SUBJECT
Hold a public hearing and consider adoption of an ordinance granting approval of a sub-surface
use of a portion of Nette Schultz Park and Avondale Park for the purpose of a sewer line
easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a
sewer easement; and providing an effective date. (Parks, Recreation and Beautification Board
recommend approval with a vote of 5-0.)
BACKGROUND
The City of Denton Municipal Utilities has requested the use of parkland for the purpose stated,
in order to relocate utilities across Nette Schultz Park and Avondale Park.
State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the
Texas Parks and Wildlife Code requires that:
(a) a municipality of this state may not approve any program or project that requires the use
or taking of any public land designated and used prior to the arrangement of the
program or project as a park unless the municipality, acting through its duly authorized
governing body or officer, determines that:
(1)there is no feasible and prudent alternative to the use or taking of such land;
and
(2)the program or project includes all reasonable planning to minimize harm to
the land, as a park, resulting from the use or taking.
(b) A finding may be made only after notice and a hearing as required by this chapter."
If the proposed utility easement is allowed, a value of $11,597.85 has been assigned to the 0.355
acre section at Avondale Park and a value of $1,960.20 that has been assigned to the 0.060 acre
section at Nette Schultz Park. An amount of $13,558.05 will be charged to the City of Denton
Municipal Utilities upon the granting of this easement. In addition, land disturbed in the park
will be returned to its original condition.
Parks and Recreation Department and the City of Denton Engineering staff have reviewed all
other possible alternatives. These alternatives included:
Select another route through the city that would by-pass the park area. A routing study was
conducted. A normal gravity flow line currently exists across the park area. There may not be
another gravity flow route.
Permit the proposed routing of the sewer easement across the park area to connect with an
existing easement passing through the park areas. After review of options, it appears this is
the most prudent and cost effective way to provide a major gravity sewer line to this part of
the city.
Agenda Information Sheet
June 19, 2012
Page 2
OPTIONS
Because alternatives to the easement are not feasible or prudent, the best option is to approve the
easement use as proposed.
RECOMMENDATION
After reviewing all alternatives, staff recommends approval of the use of Nette Schultz Park for
the sewer line easement. There will be no major impact on current park operations or programs.
The Parks and Recreation Department confirms that the City of Denton has investigated all other
alternatives and has used reasonable planning to minimize harm to the land.
ESTIMATED SCHEDULE OF PROJECT
Construction is projected to begin in the fall of 2012.
PRIOR ACTION/REVIEW
The Parks, Recreation and Beautification Board recommended approval of this sewer line
easement at a meeting on May 7, 2012.
FISCAL INFORMATION
Compensation related to this use is $13,558.05 from Denton Municipal Utilities. It is reasonable
to expect that improvements directly related to programs and/or facilities in Avondale Park and
Nette Schultz Park will be provided.
BID INFORMATION
Not applicable
EXHIBITS
1.Parks, Recreation and Beautification Board Minutes of May 7, 2012
2.Map
3.Ordinance
Respectfully Submitted:
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
James M. Mays, Superintendent
Parks and Recreation Department
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.
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E�I�IBIT $
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H: Carter Survep, Ab:st. No: 281 Professional Larrd Surveyors-
City af D�nton s�azl-�a �� mz-�s-as�rs :
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