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August 21, 2012 Agenda
AGENDA CITY OF DENTON CITY COUNCIL August 21, 2012 After determining that a quorum is present, the City Council of the City of Denton, Texas will 3:00 p.m. convene in a Work Session on Tuesday, August 21, 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 shoul returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for August 21, 2012. 3. Receive a report, hold a discussion, and give staff direction to develop a legal process for Tree Trusts as a mitigation option for the Denton Development Co 35.13.7, and the creation of a Tree Fund advisory committee to make recommendations on the criteria used to purchase properties, and suggest guideli expenditures for community education, as well as planting new trees to increase Dentons tree canopy. 4. Receive a report, hold a discussion, and give staff direction regarding an ordinance to repeal the current Chapter 13 Food and Food Service Establishments of the Denton Code of Ordinances with a new Chapter 13 Food and Food Service Establishments ordinance. 5. Receive a report, hold a discussion and give staff direction regarding the creation of a Public Improvement District within the Rayzor Ranch Town Center development. 6. Receive a report, hold a discussion, and give staff direction regarding the FY 2012-2013 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. 7. Hold a discussion and give staff direction regarding the establishment of a standing committee of the City Council of the City of Denton, Texas to be known as the Committee on Citizen Engagement. Following the completion of the Work Session, the City Council w Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. 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, or as otherwise allowed by law. CLOSED MEETING 1.Closed Meeting: City of Denton City Council Agenda August 21, 2012 Page 2 A.Deliberations Regarding Certain Public Power Utilities: Competitive Matters Under Texas Government Code Section 551.086. 1.Receive competitive public power information from staff in the f proposed operating budget for Denton Municipal Electric (DME) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. B.Deliberations Regarding Real Property Under Texas Government Code Section 551.072; Consultation with Attorneys Under Texas Government Code Section 551.071. 1.Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition and value of easement lands for public purposes situated in the Gideon Walker Survey, Abstract Number 1330, situated in the City of Denton, Denton County, Texas; and Consultation with the Citys attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matter conflict with the duty of the Citys attorneys to the City of De City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the Citys legal position in any administrative proceeding or potential litigation. C.Deliberation Regarding Personnel Matters Under Texas Government Code Section 551.074. 1.Review and discuss the evaluation, duties and status of goals established for the City Manager. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN CO WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SU ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCO THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE PU EXCEPTION). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INT MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING A OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE C MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEE ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING City of Denton City Council Agenda August 21, 2012 Page 3 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. Fall Prevention Awareness Month 2.United Way of Denton County Month 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Jerry Vela regarding the naming of a new soccer field compl 2. Rudy Rodriguez regarding the naming of a new soccer field complex. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval th the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance wit The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A V). 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 V below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A.Consider a request for an exception to the Noise Ordinance for the purpose of the 35 Denton Presents: Hot Wet Mess music festival. The event will North Texas State Fairgrounds on Saturday, September 1, 2012, fr 10:00 p.m. The exception is specifically requested to increase decibels for amplified sound from 70 to 75 decibels. B.Consider approval of a resolution approving the issuance of Revenue Bonds by the Housing Finance Development Corporation (HFDC) of Central Texas, Inc. (Lutheran Social Services Of The South Obligated Group Project), Series 2012 in an estimated aggregate principal amount not to exceed $24,000,000; recognizing that the City Of Denton is not responsible for issuing the bonds financial obligation to pay any principal or interest on the bonds; making certain findings in connection therewith; and providing an effective date. City of Denton City Council Agenda August 21, 2012 Page 4 C.Consider adoption of an ordinance accepting competitive bids and four year contract for the purchase of Fiber Optic Cable for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4937Four Year Contract for Supply of Fiber Optic Cable awarded to the overall lowest responsible bidder meeting specification Stuart C. Irby Company for an annual estimated expenditure of $57,500 and a four year estimated total of $230,000). D.Consider approval of the Parks, Recreation and Beautification Boards recommendation to purchase a cast stone sculpture, Ecce Homo, by Octavio Medellin from the Russell Tether Fine Art Galley as public art for the City of Denton. The sculpture will cost $5,000 and is pursuant to the Ci Public Art policy approved by Ordinance 2006-105, and funded wit revenues previously authorized and encumbered for expenditure to such purposes; and declaring an effective date. The Parks, Recreation and Beaut recommends approval (5-0). E.Consider approval of the Parks, Recreation and Beautification Boards recommendation to purchase a drawing by Coreen Mary Spellman from the Beuhler Fine Art Galley as public art for the City of Denton. The drawing, which will cost $900, is pursuant to the City of Denton Public Art policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues previously authorized and encumbered for expenditure to such purposes; and declaring a The Parks, Recreation and Beautification Board recommends approval (5-0). F.Consider approval of the Parks, Recreation and Beautification Boards recommendation to purchase a lithograph, The Slide, by Coreen Mary Spellman from the David Dike Fine Arts Galley as public art for the City lithograph, which will cost $750, is pursuant to the City of Denton Public Art policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues previously authorized and encumbered for expenditure to such purposes; and declaring an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0). G.Consider approving the acceptance of copies of art by Martha Robbins donated by Amanda Addington as public art; pursuant to the City of Dentons Donation of Public Art policy. The Parks, Recreation and Beautification Board recommends approval (5-0). H.Consider approving the acceptance of six watercolor paintings by Erdle, donated by Millie Giles, as public art; pursuant to the City of Denton Criteria to Accept Public Art policy. The Parks, Recreation and Beautification Board recommends approval (5-0). I. Consider approval of the minutes of: July 16, 2012 July 17, 2012 August 2, 2012 City of Denton City Council Agenda August 21, 2012 Page 5 J. Consider adoption of an ordinance of the City of Denton, Texas, approving an Interlocal Agreement by and between the City of Denton, Texas, and the City of Highland Village, Texas, for the City of Denton Municipal Court to provide a teen court program for the City of Highland Village; providing a clause; and providing an effective date. The Audit/Finance Comm recommends approval (2-0). K. Consider adoption of an ordinance of the City of Denton, Texas, revising the fats, oils and grease control provisions contained in Chapter 26 of the Denton Code of Ordinances, relating to utilities, and hereby repealing Sections 26-190 and 26- 191 of the Denton Code of Ordinances; and hereby adopting Article XII Liquid Waste, Divisions 1, 2, 3 and 4; providing for the purpose and policy of the ordinance; providing for the incorporation by reference of the provisions and recitations contained in the preamble of the ordinance into the ordinance; providing for the applicability and prohibitions of the ordinance; providing for definitions promulgated in Section 26-153 of this chapter; providing for other definitions; providing for installations of grease traps for new existing facilities; providing for responsibilities of persons subject to the ordinance; providing for the requirement of a permit; providing for manifest requirements for persons who generate, collect, and transport grease interceptor and grit trap/oil waste; providing for responsibilities for each grease interceptor or grit-trap/oil separator that is pumped; providing for abatement of violations; providing that the City Manager or his designee may seek any and all enforcement remedies necessary to ensure continued compliance; p savings clause; providing a misdemeanor punishment of not-to-exceed $2,000 per day for violations of this ordinance for any provision of the ordinance that governs the public health and sanitation, or fails to comply therewith or with any requirements thereof, or a permit or certificate issued thereund penalty not-to-exceed $5,000 per day for violations of this ordinance that relates to point source effluent limitations, or the discharge of pollutant, other than a non- point source, into a sewer system, including a sanitary or storm water sewer system owned by the city; providing that any person or entity violating this ordinance shall be deemed guilty of a separate offense for each portion thereof during which any violation of this ordinance is committed, or continued; together with other designated legal and equitable remedies that are available to the city; providing for publication thereof; and providing for an effective date. L. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a .07 acre tract; (II) a utility and slope easement encumbering a 0.07 acre tract; (III) a utility and drainage easement encumbering a .01 acre tract; (IV) a drainage easement encumbering a .03 acre tract; (V) a slope easement encumbering a 213 square foot tract; and (VI) a temporary construction, grading and access easement encumbering a 0.08 acre tract, all tracts located in the City of Denton, Denton County, Texas, and situated in the O.S. Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described on Exhibit A , attached to the ordinance, located generally in the 2200 block of South Bonnie Brae Street (the Property Interests ), for the public use of expanding and improving Bonnie Brae Street, a municipal street and City of Denton City Council Agenda August 21, 2012 Page 6 roadway; authorizing the City manager or his designee to make an offer the Christopher M. Watts (the Owner ) to purchase the Property Interests for the purchase price of Nine Thousand Three Hundred Twenty Two Dollars Cents ($9,322.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the Ordinance as Exhibit B ; authorizing the expenditure of funds therefore; and providing an effective date. M. Consider adoption of an ordinance authorizing the execution o Agreement (herein so called), as attached to the ordinance as Exhibit A , by and between the Marvin Henderson Estate trust, as Owner, and the City of Denton, Texas, as Buyer, regarding the sale and purchase of (I) fee simp tract situated in the James Edmonson Survey, Abstract No. 400 and the S. Pritchett Survey, Abstract No. 1004; and (II) a drainage easement encumbering a 0.42 acre tract situated in the James Edmonson Survey, Abstract No. 400, all tracts located in the City of Denton, Denton County, Texas, as more particularly described in the Purchase Agreement, located generally in the 3400 block of South Bonnie Brae Street (the Property Interests ), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway for the purchase price of Three Hundred Fourteen Thousand, Eight Hundred Sixty Nine Dollars and No Cents ($314,869.00), and other consideration, as prescribed in the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date. N. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 1.364 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 1000 block of South Mayhill Road (the Property Interests ), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to J.G. Duncan and wife, Frances Duncan to purchase the Property Interests for the purchase price of Eighty Three Thousand Six Hundred Eighty Dollars and No Cents ($83,680.00), and other consideration, as prescribed in the Purchase Agreement (the 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. O. Consider adoption of an ordinance authorizing the execution o Agreement (herein so called) attached to the ordinance as Exhibit A , by and between Youvonne Matzinger and the Estate of Philip Hardy Matzin deceased, as owner, and the City of Denton, Texas, as Buyer, regarding the sale and purchase of fee simple to a 0.019 acre tract situated in the Company Survey, Abstract No. 927, located in the City of Denton, Texas, located generally in the 1000 block of South Mayhill Road (the Property Interests ), for the public use of expanding and improving Mayhill Road, a municipal street and roadway, for the purchase price of Three Thousand Six Hundred Do Cents ($3,600.00), and other consideration, as prescribed in the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Agenda August 21, 2012 Page 7 P. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.398 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit A , attached to the ordinance, located generally in the 1100 block of South Mayhill Road (the Property Interests ), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Leroy Barber and Lucy I. Barber, Trustees of the Leroy Barber and Lucy I. Barber Family Trust, dated May 18, 1994 (the Owner ) to purchase the Property Interests for 00 the purchase price of Fifty Five Thousand Dollars and No Cents ($55,000.), and other consideration, as prescribed in the Purchase Agreement (the 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. Q. 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 (the Owner ) to purchase the property interests for the purchase price of Two Hundred Eleven Thousand Five Hundred Dollars and No Cents 00 ($211,500.), as prescribed in the Contract of Sale (the 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. R. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) a sanitary sewer easement encumbering a 0.438 acre t temporary construction, grading and access easement, encumbering a 0.134 acre tract, all tracts located in the Gideon Walker Survey, Abstract Number 1330, City of Denton, Denton County, Texas as more particularly described on Exhibit A , attached to the ordinance, located generally in the 3900 block of South Interstate Highway 35 East (the Property Interests ), for the public use of expanding and improving the municipal sanitary sewer system; authorizing the his designee to make an offer to Mahogany Run Investments, L.P., limited partnership (the Owner ) to purchase the property interests for the Purchase Price of Two Hundred Ninety One Thousand Three Hundred Forty Four Dollars and No Cents ($291,344.00), and other consideration, as prescribed in the Easement Purchase Agreement (the 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. S. Consider adoption of an ordinance of the City of Denton, Texa execution of a first amendment of right-of-way use and license a between the City of Denton ( City ) and Wells Fargo Bank Texas, N.A. ( Wells Fargo ), amending that certain right-of-way use and license agreement, between City of Denton City Council Agenda August 21, 2012 Page 8 the City and Wells Fargo, dated April 4, 2006, granting Wells Fargo rights to utilize certain City rights-of-way located generally at the southwest corner of the intersection of East Walnut Street and South Austin Street, as more particularly described therein; and providing an effective date. T. Consider adoption of an ordinance of the City of Denton, Texa execution of a Contract for Sale of Real Estate ( Contract ), by and between the City of Denton, Texas ( City ) and Denton County, Texas ( County ) contemplating the purchase by the City from the County 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 southeast corner of the intersection of East McKinney Street and Oakland Street, as more particularly described therein, for the purchase price of Seven Hundred Seventy Nine Thousand Eight Hundred Ninety Five and No/100 Dollars (779,895.00); and providing an effective date. U. Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal Year 2011-12 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Health Insurance Fund of one million four hundred twenty eight thousand, two hundred fifty one dollars ($1,428,251) from the original budget amount of eighteen million, five hundred twenty four thousand, eight hundred sixty two dollars ($18,524,862) to ninet hundred fifty three thousand, one hundred thirteen dollars ($19,953,113) to provide for additional expenditure authority related to health care claims and fees; declaring a municipal purpose, providing a severability clause; meetings clause; and providing an effective date. The Audit Fina recommends approval (2-0). V. Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal Year 2011-12 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Traffic Safety Fund of four hundred sixty thousand, eight hundred eighty four dollars ($460,884) from the original budget amount of three hundred seventy seven thousand dollars ($377,000) to eight hundred thirty seven thousand, eight hundred eighty four dollars ($837,884) to provide for additional expenditure authority related to red light camera contract costs; declaring a municipal purpose, providing a severability clause; providing an open meetings clause; and providing an effective date. The Audit Finance Committee recommends approval (2-0). 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 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 postponed from the July 17, 2012 City Council meeting. City of Denton City Council Agenda August 21, 2012 Page 9 B.Consider nominations/appointments to the Citys Boards & Commissions. 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee 4. Health & Building Standards Commission 5. Library Board 6. Parks, Recreation and Beautification Board 7. Planning and Zoning Commission 8. Public Art Committee 9. Traffic Safety Commission 10. Zoning Board of Adjustment 6.PUBLIC HEARINGS A.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating the property located at 903 W. Oak Street as a historic landmark under Section 35.7.6 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (HL12-0002) The Planning and Zoning Commission recommends approval (6-0). B.Hold a public hearing and receive citizen input on the 2012-13 Proposed Budget. C.Hold a public hearing on a proposal to adopt a tax rate of $0.68 valuation, which will exceed the lower of the rollback rate or t 7. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Dorothy Damico regarding the naming of a new soccer field c 2. Don Smith regarding the naming of a new soccer field comple 3. Popo Gonzalez regarding the naming of a new soccer field complex. 8. 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 City of Denton City Council Agenda August 21, 2012 Page 10 governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 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 CITYSECRETARYSOFFICE. AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT Receive process for Tree Trusts as a mitigation option for the Denton Development Code, Subchapter 35.13.7, and the creation of a Tree Fund advisory committee to make recommendations on the criteria used to purchase properties, and suggest guidelines for Tree Fund expenditures for community education, as well as plan PROPOSAL Staff is requesting to establish the legal process for a fourth tree mitigation option currently stipulated in the Denton Development Code (DDC) 35.13.7.A.7.f - Tree Trusts, and that a second party be contracted to work closely with staff in creating the criteria for tree mitigation within the city of Denton. Staff is recommending a Tree Fund advisory committee composed of qualified City staff, employees who possess the expertise to make recommendations on Tree Fund expenditures. The committee will make recommendations to the Committee on the Environment and the Committee on the Environment will make recommendations to the City Council. BACKGROUND In 2004, the City of Denton approved DDC, Section 35.13.7 - Tree Preservation and Landscape Requirements. As part of the newly adopted ordinance, a section referred to as Tree Trusts, 35.13.7.A.7.f, was approved as a fourth option for tree removal mitigation to developers. The other three options being, payment into the Tree Mitigation Fund or Tree Fund, replanting the number of inches required for mitigation back on the site after development or getting approval for an Alternative Tree Preservation Plan through the Planning and Zoning Commission. The Tree Trusts section states: i.Areas of a minimum one acre that have the characteristics of Cross Timber Forests are eligible to be classified as a Tree Trust. ii.Designation of a Tree Trust and transfer of tree credits shall be approved by the Denton Review Committee (DRC) Chairman. iii.Tree Trusts shall be preserved with a permanent easement that shall limit any future land disturbing activity or construction that would impact and/or damage the tree(s) and shall Agenda Information Sheet August 21, 2012 Work Session Page 2 run with the land and be binding upon all successors and assigns of the current owner. Methods for the long-term conservation of said trees may include permanent conservation easements, restrictive covenants, or other such legal mechanisms. iv.Only portions of a Tree Trust not designated towards tree credit may be used for mitigation as identified on this Subsection. v.Trees that are required to be preserved in compliance with other development regulations shall not be credited towards the Tree Trust. vi.Areas that are un-developable, including but not limited to undeveloped floodplain, wetlands and riparian areas, shall not be designated as Tree Trusts. meeting the tree preservation section requirements. It allows for a transfer in tree credits from one property to another equivalent in value and places an easement on the future development rights in perpetuity. This can be accomplished through a conservation easement placed on the property either through an outside party or within the City through the Parks Department. To date, the Tree Trust option has not been utilized by staff or developers; due to the lack of a specific process being approved to ensure proper legal procedures are met. Council has recently requested that a committee be put together to make recommendations regarding properties that would be ideal to purchase using Tree Fund monies. Please refer to Exhibit A: City Council Minutes from January 20, 2004 and Exhibit B: City Council Minutes from October 19, 2004 for initial thoughts on a citizen committee to evaluate the tree ordinance during the first 6 months after adoption in 2004. Exhibit C provides lists the to-date expenditures and deposits in the Tree Fund. The Tree Fund section states, 35.13.7.A.7.e: i.The City shall administer the Tree Fund. Tree funds shall be used to purchase plant and maintain trees on public property, to preserve wooded property that remains in a naturalistic state in perpetuity, to perform and maintain a city-wide tree inventory and to educate citizens and developers on the benefits and value of trees. ii.The applicant shall pay the fees established by City Council and published in the Development Review Fee Schedule in the Application Criteria Manual. The fee shall be based on the fair market value of materials and labor at the time of planting and the reasonable estimated cost for maintenance and irrigation for a period of (3) years. Fees contributed to the Tree Fund shall be paid prior to the issuance of a Clearing and iii. Grading Permit on all Commercial, Industrial, or Multi-Family Residential developments, prior to final approval of a Gas Well Development Plat and prior to filing a Final Plat in -family Residential Subdivisions. Agenda Information Sheet August 21, 2012 Work Session Page 3 OPTIONS 1.Authorize staff to proceed with Tree Trust criteria development through an outside source and approve a City staff governed Tree Fund advisory committee. 2.Recommend no actions at this time. EXHIBITS 1.Exhibit A: January 20, 2004, City Council Meeting Minutes 2.Exhibit B: October 19, 2004, City Council Meeting Minutes Exhibit C: Tree Preservation Fund Expenditures versus Revenue 3. Prepared by: Angie Kralik Urban Forester Respectfully submitted: Mark Cunningham, AICP, CPM Director, Planning and Development Department Fund 224Tree Preservation Fund BU224101Expenditures Revenue2240.4136Revenue REVENUE VS EXPENDITURES 9/30/2011 REVENUE DepositsDateDeveloperAmount 03/11/0584 Lumber10,250.00$ 06/16/052,750.00 FY 2004-05 deposits13,000.00 03/02/06Quail Creek South60,750.00 06/20/068,625.00 08/08/0634,031.25 08/15/0619,218.75 08/17/0613,500.00 FY 2005-06 deposits136,125.00 10/06/064,500.00 11/14/0617,125.00 11/21/0633,125.00 12/12/0621,343.75 12/15/063,750.00 12/15/0654,515.00 02/26/07Payment to Dune Operating Co(21,343.75) 03/30/0734,312.50 05/01/073,625.00 07/17/0727,750.00 07/25/0710,687.50 08/23/07550000,. 08/23/07550000 FY 2006-07 deposits194,890.00 10/04/072,750.00 10/29/0752,375.00 12/18/0711,250.00 03/10/0820,500.00 03/31/084,271.88 05/29/0816,000.00 06/10/08100,609.38 07/21/087,085.94 FY 2007-08 deposits214,842.20 10/21/0810,343.75 12/02/081,812.50 04/02/09750.00 04/13/095,937.50 04/30/09April 2009 Invest. Interest Income238.42 05/31/09Investment income transfer from GF51,997.90 05/31/09May 2009 Invest. Interest Income1,087.69 06/17/091,062.50 06/30/09June 2009 Invest. Interest Income981.88 07/22/0917,000.00 07/31/09July 2009 Invest. Interest Income954.77 08/04/095,721.88 08/31/09August 2009 Invest. Interest Income907.27 09/30/09September 2009 Invest. Interest Income874.46 09/30/09Year-End Invest. FMV Adjustment3,206.77 FY 2008-09 deposits102,877.29 Fund 224Tree Preservation Fund BU224101Expenditures Revenue2240.4136Revenue REVENUE VS EXPENDITURES 9/30/2011 10/31/09October 2009 Invest. Interest Income851.00 11/27/091,687.50 11/27/093,375.00 11/30/09November 2009 Invest. Interest Income734.52 12/08/0918,093.75 12/31/09December 2009 Invest. Interest Income770.32 01/31/10January 2010 Invest. Interest Income700.19 02/26/102,250.00 02/28/10February 2010 Invest. Interest Income618.04 03/12/103,375.00 03/23/10750.00 03/31/10March 2010 Invest. Interest Income604.68 04/27/109,000.00 04/30/10April 2010 Invest. Interest Income609.63 05/31/10May 2010 Invest. Interest Income583.46 06/30/10June 2010 Invest. Interest Income528.36 07/14/107,437.50 07/31/10July 2010 Invest. Interest Income489.31 08/04/101,375.00 08/31/10August 2010 Invest. Interest Income377.77 09/28/1039,843.75 09/29/10September 2010 Invest. Interest Income343.29 09/30/10Y-E FMV adjustments(1,746.59) FY200910deposits:-9265148,. (8718750),. FY200910deposits:9265148(8718750) 10/07/1012,000.00 10/31/10October 2010 Invest. Interest Income360.72 11/30/10November 2010 Invest. Interest Income369.23 12/31/10December 2010 Invest. Interest Income382.46 01/31/11January 2011 Invest. Interest Income388.17 02/28/11Deposit7,906.24 02/28/11February 2011 Invest. Interest Income363.73 03/16/11Tree Migigation ordinance63,812.50 03/31/11March 2011 Invest. Interest Income421.51 04/30/11April 2011 Invest. Interest Income424.81 05/31/11May 2011 Invest. Interest Income420.92 06/30/11June 2011 Invest. Interest Income423.17 07/18/11Deposit6,937.50 07/31/11July 2011 Invest. Interest Income430.04 08/31/11August 2011 Invest. Interest Income425.17 09/21/11Deposit17,125.00 09/29/11September 2011 Invest. Interest Income409.97 09/30/11Year end reallocation investment income(217.39) FY 2010-11 deposits:112,383.75 10/31/11October 2011 Invest. Interest Income387.12 11/23/11Depoist33,562.50 11/30/11November 2011 Invest. Interest Income432.35 12/06/11Depoist2,500.00 12/31/11December 2011 Invest. Interest Income448.41 01/31/12January 2012 Invest. Interest Income434.62 02/20/12Depoist6,750.00 02/29/12February 2012 Invest. Interest Income463.50 03/31/12March 2012 Invest. Interest Income495.71 Fund 224Tree Preservation Fund BU224101Expenditures Revenue2240.4136Revenue REVENUE VS EXPENDITURES 9/30/2011 04/20/12Depoist11,062.50 04/30/12April 2012 Invest. Interest Income534.18 05/02/12Depoist74,000.00 05/23/12Depoist115,625.00 05/31/12May 2012 Invest. Interest Income615.41 06/05/12Depoist9,000.00 06/30/12June 2012 Invest. Interest Income665.30 FY 2011-12 deposits:256,976.60 Total Deposits1,123,746.32$ Fund 224Tree Preservation Fund BU224101Expenditures Revenue2240.4136Revenue REVENUE VS EXPENDITURES 9/30/2011 EXPENDITURES PaymentsDateVendorAmountPO 03/08/10Razortek9,906.50 147706 06/09/10American Forest695.00 147695 06/14/10University of N Texas6,324.21 147753 08/09/10University of N Texas1,909.95 147753 08/24/10Razortek9,906.60 147231 09/08/10University of N Texas3,752.06 147753 FY 2009-10 Expenditures:32,494.32 11/01/10University of N Texas1,861.11 01/05/11University of N Texas1,035.00 FY 2010-11 Expenditures:2,896.11 FY 2011-12 Expenditures:- Total expenditures35,390.43 Fund Balance as of 7/31/20121,$ 088,355.89 AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT Receive a report; hold a discussion, and give staff direction regarding an ordinance to repeal the current Chapter 13 Food and Food Service Establishments of the Denton Code of Ordinances with a new Chapter 13 Food and Food Service Establishments ordinance. BACKGROUND The current version of Chapter 13 of the Denton Code of Ordinances Food and Food Service Establishments was adopted by the City Council on March 23, 2004. This ordinance is based on the Texas Food Establishment Rules (TFER) published by the Texas Department of State Health Services. The TFER is the minimum standard for all food establishments in the state of Texas. A city may adopt rules that are more stringent than the TFER, but not less stringent. Currently in the City of Denton there are approximately 600 food establishments. These establishments include restaurants, daycare center kitchens, hospital cafeterias, school cafeterias, nursing home kitchens, concession stands, etc. The current ordinance also covers temporary food will include amended regulations for all of the above mentioned establishments, and it will also make wholesale changes to a couple of existing categories, namely, Mobile Food Units, s Markets/Community Markets. Last April 3, 2012 staff presented a new Food and Food Service Establishment ordinance to Council and received direction to modify specific points of the proposed ordinance. These modifications are as follows: Delete the requirement for background checks; Eliminate the requirement for a mobile food establishment to be located more than 1,500 feet from a school; Elimination of the requirement for a mobile food establishment owner to obtain written permission from a property owner to park and sell food from his or her property; Modify the requirement that a mobile food establishment visit its commissary a minimum of one time each day; Ease the requirement prohibiting mobile food establishment owners from setting out tables, chairs, awning, etc.; Eliminate the requirement that food preparation equipment at ANSI approved; Eliminate the requirement to post the latest inspection scores by the entrance of a food establishment; Let Council know if any of these regulations will require existing food establishments to close; Verify that food establishment fees cover the cost of City services; Agenda Information Sheet August 21, 2012 Page 2 Ease the requirements for having a Certified Food Manager on site during hours of operation; Change the number of Temporary Food Establishment permits issued each year to a vendor; Present a comparison of our proposed code with the Dallas and Fort Worth Mobile Food Establishment codes; Establish a definition establishments; Ease the requirements for an itinerary or route of vending locations for mobile food establishments; Allow mobile food establishments in residential zoning districts with permission from HOAs; Present requirements for a food establishment to serve as a commissary for a mobile food establishment; and, Investigate the possibility of accepting mobile food establishments if they have existing permits from Dallas or Fort Worth. Each of these directions will be addressed during the Work Session presentation. OPTIONS 1.Accept the proposed Food and Food Service Establishments ordinance as presented; or, 2.Direct the Building Inspection Division to amend the proposed Food and Food Service Establishments ordinance, and provide suggested amendments. PRIOR ACTION/REVIEW A presentation of the proposed food ordinance was made at a work session of the City Council on April 3, 2012. A presentation regarding amending the mobile food vendor section of the City food ordinance was made by the Building Inspections division to the City Council on September 20, 2011. A public meeting regarding a proposed City food ordinance was held on March 20, 2012; and, a presentation of the newly proposed City food ordinance was made to the HaBSCo on March 22, 2012. EXHIBITS Current Food and Food Service Establishments ordinance from 2004 2012 proposed Food and Food Service Establishments ordinance Prepared by: Kurt S. Hansen Building Official Respectfully submitted: Mark A. Cunningham, AICP, CPM Director of Planning and Development AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Economic Development Department ACM: Jon Fortune SUBJECT Receive a report, hold a discussion and give staff direction regarding the creation of a Public Improvement District for the Rayzor Ranch Phase II development, located on the southeast corner of I-35 and Highway 380. BACKGROUND A Public Improvement District (PID) is a defined area where public improvements may be financed through the use of special assessments. Under Chapter 372 of the Local Government code, a public improvement district may be formed to accomplish any of the following improvements: Water, wastewater, health and sanitation, or drainage improvements (including acquisition, construction, or improvements of water, wastewater or drainage improvements); Street and sidewalk improvements (acquiring, constructing, improving, widening, narrowing, closing or rerouting sidewalks, streets or any other roadways or their rights-of-way); Mass transit improvements (acquisition, construction, improvement or rerouting of mass transportation facilities); Parking improvements (acquisition, construction or improvement of off-street parking facilities); Library improvements (acquisition, construction or improvement of libraries); Park, recreation and cultural improvements (the establishment or improvement of parks); Landscaping and other aesthetic improvements (erection of fountains, distinctive lighting and signs); Art installation (acquisition and installation of pieces of art); Creation of pedestrian malls (construction or improvement of pedestrian malls); Similar improvements (projects similar to those listed above); Supplemental safety services for the improvement of the district, including public safety and security services; or Agenda Information Sheet Rayzor Ranch PID Request August 21, 2012 Page 2 Supplemental business-related services for the improvement of the district, including advertising and business recruitment and development. PID Guidelines. In 2007, a developer considering a very large residential development approached the City requesting the ability to form a PID to construct streets and utilities for a 3,000 acre project. The Economic Development Partnership Board (EDPB) and City Council reviewed PID legislation information and developed guidelines for the creation of PIDs in Denton (attached) at that time. To date, no PIDs have been formed in Denton. Desirable Projects. The PID Guidelines describe the quality and types of projects for which PIDs would be considered: The development should exceed Denton Development Code standards, such as park land/development, architectural design, high quality of building materials, lot sizes that exceed the average lot size in Denton, and a higher quality of amenities not provided in other developments in Denton. The development provides significant impact in the quality of residential units on the community. PIDs may also be considered for redevelopment areas, such as downtown. Developments of significant size should have a commercial component that provides services and products that serve the needs of the neighborhood, i.e., cleaners, pharmacy, bank, etc. The development must have a cohesive theme throughout that identifies the unique nature of the project. Amenities or characteristics that describe the project as unique must be clearly definable and measurable as the developer will be required to demonstrate the project has been completed as proposed. Ongoing operation and maintenance costs for amenities or public facilities where the costs are borne by the City of Denton (i.e., library, dedicated parks) may eliminate a project from consideration. Funding/Reimbursement of Costs . The EDP Board and City Council reviewed three options for PID funding: Bond sales to construct the improvements Pay-as-you-go reimbursement to the developer Revenue bond sales after construction of the improvements The pay-as-you-go reimbursement option was most favored by the City Council. The City Council was not in favor of approving the sale of bonds to construct the improvements for several reasons. The source of the revenue to repay the bonds would have been derived from the homes to be built in the development. At the time Agenda Information Sheet Rayzor Ranch PID Request August 21, 2012 Page 3 it was questionable if the housing market would remain strong enough to support the bond debt. The cost for the needed infrastructure for the project was several hundred million dollars. The Council was also concerned that home owners within the development would see the PID assessment as an additional tax on their property a cost that other homeowners in Denton did not pay. However, the Council indicated they would consider the sale of bonds for reimbursement after the improvements were constructed and a sufficient stream of PID revenue was being generated. An assessment cap of $0.40 per $100 was established in the guidelines. RED Development Request. Recently, RED Development, retail developers of Rayzor Ranch, approached the City of Denton regarding establishing a PID. Their request differs from the 2007 project in that: The majority of the development at Rayzor Ranch is commercial/retail. A significant investment in infrastructure (over $24 million) has already been made by the developer. Phase I has reached its construction threshold of over 400,000 square feet of commercial/retail buildings. The requested amount of PID bonds to be sold is approximately $10 million, much less than the previous project. The proposed assessment is higher than the cap in the guidelines. They are requesting an assessment of $1.00 per $100 valuation. However, no residential homeowners will be assessed only commercial properties. RED Development is requesting bonds be sold to fund the construction of streets, utilities and drainage improvements for a portion of Phase II, which was not an option the Council included in the guidelines. PID and Chapter 380 Reimbursement. In 2006, the City Council approved the original Chapter 380 agreement with Allegiance Hillview, developers of Rayzor Ranch. The agreement was established to reimburse the developer for public improvements streets, utilities, and drainage through a sharing of the sales tax generated by the project. The agreement has been amended several times, including an amendment in 2010 that established RED Development as the partner responsible for the retail development. The purpose for the request for the creation of the PID and sale of bonds at this time is to infuse funding for jumpstarting the public improvements for Phase II. Since the developer already has a Chapter 380 agreement with the City for the purpose of reimbursing them for some of the public improvements in Phase II, the developer suggests the revenues from the PID be deducted from the total Eligible Costs identified in the agreement. The Chapter 380 agreement provides a maximum reimbursement of Eligible Costs through sales tax revenues of $42 million for Phase II. A sale of $10 million in PID Agenda Information Sheet Rayzor Ranch PID Request August 21, 2012 Page 4 bonds would net approximately $8 million for infrastructure costs. If Phase II Eligible Costs were $42 million, the developer would receive $8 million from PID bonds and $34 million from sale8 million. The developer requests that if they spend more than $42 million in Eligible Costs that the PID bonds would be applied to the total first, and the City would be responsible for the balance, not to exceed the original $42 million. For example, if the developer spent $46 million in Eligible Costs, the $8 million from PID bonds would be applied first, leaving the City with an obligation of up to $38 million through sales tax sharing. The City Council would appoint an advisory board to develop the assessment plan, which would be included in the annual service plan. The City would be reimbursed each year for any costs incurred in the administration of the PID. ESTIMATED SCHEDULE OF PROJECT RED Development plans to begin construction on Phase II infrastructure in the fourth quarter of 2012, with construction of buildings to begin in 2013, and a grand opening of the Town Center in 2014. PRIOR ACTION/REVI EW The Economic Development Partnership Board discussed the proposed proposal at their August 7, 2012 meeting and recommends the Council consider the PID request for Rayzor Ranch 5-0. FISCAL INFORMATION If the Council supports the creation of a PID and the sale of bonds, the property owners within the PID (RED Development and businesses who purchase tracts) will be responsible for the bond debt and all costs associated with the sale of bonds and administration of the PID. EXHIBITS 2007 PID Guidelines Respectfully submitted: _______________________________ Linda Ratliff, Director Economic Development Department AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion, and give staff direction regarding the FY 2012-13 Proposed Budget, Capital Improvement Program and Five-Year Financial Forecast. BACKGROUND The FY 2012-13 7. Staff provided the City Council with a comprehensive overview of the proposed budget at a Budget Work Session on August 2, 2012. In addition, the City Council also discussed the proposed budget on August 7 and August 14. The purpose of this agenda item is to provide the City Council with an additional opportunity for questions and dialogue. During the above mentioned meetings, the City Council asked a number of questions and requested a variety of information concerning the budget proposal. In response to the questions, staff provided a memorandum to the City Council on August 14 to detail the questions and answers that staff had compiled. In Exhibit 1, an additional memorandum is provided to summarize the remaining questions and answers that had not been previously provided to the City Council. Below is the schedule we will follow to adopt the budget and tax rate: August 28 Work Session on the Proposed Budget nd 2 Public Hearing on Tax Rate September 11 City Council Adopts Budget and Tax Rate I look forward to discussing the budget materials in detail with you. If you have any questions, or need additional information, please let me know. EXHIBIT Question and Answer Memorandum Respectfully Submitted By: Bryan Langley CFO and Director of Strategic Services Finance Department * 215 E. McKinney * Denton, TX 76201 (940) 3498224 * DFW Metro (972) 434-2259 * Fax (940) 349-7206 MEMORANDUM DATE: August 21, 2012 TO: Honorable Mayor and Members of the City Council FROM: Bryan Langley, CFO and Director of Strategic Services SUBJECT: CityCouncil Budget Workshop Questionsand Responses Information regarding the FY 2012-13 Proposed Budget and Five Year Forecast was presented to the City Council on August 2, August 7, and August 14.Below is a summary of the outstanding questions that I have received and the answers that we have been able to compile. 1.Provide a list of all administrative transfers for all funds (not just general fund) and the purpose of the transfers. The City of Denton uses cost allocation plans to 1) calculate costs for services provided across various funds and 2) charge these costs to the funds in the organization that utilize these services. For example, the General Fund provides support services to other funds within the City. These services include departments such as Human Resources, Legal, among others. Once it is determined what portion of the costs are attributable to other funds, a transfer is budgeted between funds to recover this cost. The last full cost allocation plan was conducted in 2008. Since that time, the General Fund has charged a 3% annual increase from the base 2008 model. Since changes have occurred in the organization and its operations, a new full cost allocation plan was recently completed by J. Stowe & Company. As a result of this new study, cost allocation transfers to the General Fund increased by approximately $1.3 million (net) in FY 2012-13. While the General Fund cost allocation plan is the largest such plan in the City, there are other cost allocation plans which are used to assign costs to various funds. Examples of these include the allocation plans for Technology Services, Fleet Services, and Customer Service. Attachment 1 provides a summary of transfers between funds. Question and Answer Memorandum August 21, 2012 Page 2 of 5 2.How have the neighborhood incentive grant funds been used on an annual basis? Since the inception of the neighborhood incentive grant funds program in FY 2009-10, the City has held neighborhood empowerment summits annually. First year program attendance was 80 citizens. Since FY 2009-10, the neighborhood empowerment summits have included workshops for homeowner associations (HOAs) and neighborhood associations, dealing with topics ranging from foreclosures to Texas legislative updates. In addition, the staff has created neighborhood development brochures (please see Attachment 2) and a neighborhood association guidebook for this program. In January 2013, we plan to launch a citizen forester program, which is a partnership with the Town of Flower Mound and the Urban Foresting Council. The City would pay for citizens to become certified urban foresters, with the intention of helping the City identify areas and neighborhoods throughout the City in need of tree canopy. Our goal is to increase the tree canopy from 19% to 30% in the City of Denton. 3.How many neighborhood incentive grant projects were staff initiated versus neighborhood initiated? The City views its role in the neighborhood incentive program as a conduit for assisting neighborhoods with their own projects. We provide suggestions for how to implement neighborhood improvement ideas. As such, all of the incentive projects have been initiated by neighborhood groups. The neighborhood incentive grant matching program provides $2,500 to a qualifying neighborhood associations interested in the grant matching program. Due to matching requirements, no neighborhood association has successfully raised their share of the funds as of today. An additional project that staff is currently working on is a special project for a neighborhood garden in cooperation with the residents of Township II. The City has earmarked $5,000 to pay for impact fees associated with the garden development. However, this is not a grant match project. 4.What is the decision process for making neighborhood incentive grants? Who makes the decision? We need a formal protocol. Please see Attachment 3 for a draft of the neighborhood incentive grant protocol. Question and Answer Memorandum August 21, 2012 Page 3 of 5 5.How is the vehicle requested related to replacing the tree spade? The proposed pickup would replace the current 1989 model tree spade. The pickup will be used to transport trees from nurseries in the Metroplex to the City of Denton. We are recommending to purchase a vehicle over a new tree spade replacement for several reasons. First, the operation and maintenance costs for the tree spade are higher than the proposed vehicle. In addition, the maintenance of an in-house nursery and labor to move trees is also cost prohibitive with a tree spade. We will continue to utilize trees from City- owned farms as they become viable, while gradually phasing this program out. The City will need to contract with private firms for any future tree spade services, but this will be much less costly than requiring a new tree spade. This piece of equipment costs in excess of $150,000. Provide a clear financial picture of the full cost and revenues associated with the gas 6. well inspections program to make sure we are fully recovering the cost of the program. The gas well inspections program was initiated in FY 2010-11. Provided below is a summary of the revenues and expenses for the program. FY 2010-11FY 2011-12FY 2012-13 ActualBudget EstimateProposed Direct Revenues Gas Well Permits$41,100$155,530$160,196 Gas Well Inspections$106,620$350,000$350,000 Subtotal$147,720$505,530$510,196 Direct Expenditures$174,250$387,068$452,660 1 Variance($26,530)$118,462$57,536 1 Does not include any indirect costs (e.g. administrative overhead in other departments). The Gas Well Inspectionsdivision currently has four staff members. New gas well sites are initially subject to either a gas well development site plan at $3,900 or gas well development plat at $2,600 depending whether the site is located in the City of Denton or Question and Answer Memorandum August 21, 2012 Page 4 of 5 its ETJ area, respectively. In addition, wells located in the City are subject to a gas well permit fee, at $500, plus an initial inspection fee of $1,200. Well operators are also charged $360 to process change in operatorship requests. For wells already in operation, the City of Denton charges an annual inspection fee of $850 for wells within the city limits and $580 for wells located in the extra territorial jurisdiction (ETJ). The annual inspection fees are invoiced once annually for the entire amount; however, the fee covers the administration costs associated with conducting two inspections per year. These fees were determined through a cost of service analysis prepared by J. Stowe & Company. As such, the fees are intended to recover both direct and indirect costs associated with the gas well program. Since these costs were only an estimated amount at the time of the study, staff recommends that an additional analysis ts. 7.What are the staff and ancillary issues associated with restoring the Council contingency funds? Each request for use of Council contingency funds is reviewed by the Legal department. The criteria used for this review is to determine if the funds being requested will be used for a public purpose. The public purpose is determined if the funds will aid the public and are being used in the interest of the public. In FY 2009-10, 90 separate requests were submitted for funding of 19 agencies. Each request was processed through the multiple levels and then consolidated for a contract and payment. Each contract was taken to Council for formal approval. The proposal for the FY 2012-13 Budget will designate $17,500 in funding from the City . The following process is recommended: 1)Council Member makes request for funding to the City Manager. 2)As has been the practice in the past, the City Manager requests Legal review to determine that funding is for a public purpose and Finance confirms that funding is available. 3)City Manager notifies entire Council that a request has been made and reviewed by Legal and Finance and determined to meet the criteria set forth for funding for a public purpose. Any Council member may object to the proposed allocation of funds and request to have the matter placed on a future agenda for discussion and a determination as to whether the funds should be allocated as proposed. 4)A contract will be prepared by Legal for the specific funding purpose and the notifications and signatures will be gathered. 5)Contracts will be paid upon submittal of the appropriate invoices. Question and Answer Memorandum August 21, 2012 Page 5 of 5 This process will eliminate the multiple requests that have to be processed individually. Additionally, the City Manager can approve the contract without having to place individual contracts on an agenda for formal approval. This will greatly reduce the time to process the payments. Attachments: 1.Transfers Summary 2.Neighborhood Development Brochures 3.Neighborhood Grant Guidelines Attachment 1 Summary of Internal Administrative Cost Transfers Proposed FY12-13 Transfers to General Fund Electric Fund$ 1,614,375 Water Fund 1,631,715 Solid Waste Fund 888,373 Wastewater Fund 969,706 Airport Fund 294,997 Materials Management Fund 709,589 Fleet Management Fund 371,303 Technology Services Fund 469,274 Health Insurance Fund 19,473 Risk Retention Fund 183,520 Recreation Fund 80,668 $ 7,232,993 Transfers out of General Fund Electric Fund$ 113,089 Water Fund 332,289 Wastewater Fund 269,962 Solid Waste Fund 7,966 Materials Management Fund 448,590 Technology Services Fund 4,902,771 Risk Retention Fund 1,302,807 Fleet Management Fund 115,272 $ 7,492,746 Transfers to Electric Fund Water Fund$ 676,339 Wastewater Fund 366,690 Solid Waste Fund 86,892 General Fund 113,089 Airport Fund 160 $ 1,243,170 Transfers out of Electric Fund Water Fund$ 2,512,886 General Fund 1,614,375 Materials Management Fund 262,400 Technology Services Fund 1,411,517 Risk Retention Fund 334,998 Fleet Management Fund 49,578 $ 6,185,754 1 Attachment 1 Summary of Internal Administrative Cost Transfers Proposed FY12-13 Transfers to Water Fund Electric Fund$ 2,512,886 Wastewater Fund 877,788 Solid Waste Fund 817,243 General Fund 332,289 Risk Retention Fund 4,692 Airport Fund 4,692 Materials Management Fund 4,692 Fleet Management Fund 4,692 Technology Services Fund 4,692 $ 4,563,666 Transfers out of Water Fund Electric Fund$ 676,339 Wastewater Fund 123,929 General Fund 1,631,715 Materials Management Fund 167,601 Technology Services Fund 882,670 Risk Retention Fund 274,309 Fleet Management Fund 26,208 $ 3,782,771 Transfers to Wastewater Fund Water Fund$ 123,929 General Fund 269,962 Risk Retention Fund 5,050 Airport Fund 5,050 Materials Management Fund 5,050 Fleet Management Fund 5,050 Technology Services Fund 5,050 $ 419,141 Transfers out of Wastewater Fund Electric Fund$ 366,690 Water Fund 877,788 General Fund 969,706 Materials Management Fund 161,012 Technology Services Fund 312,434 Risk Retention Fund 177,135 Fleet Management Fund 35,256 $ 2,900,021 2 Attachment 1 Summary of Internal Administrative Cost Transfers Proposed FY12-13 Transfer to Solid Waste Fund General Fund$ 7,966 Transfers out of Solid Waste Fund Electric Fund$ 86,892 Water Fund 817,243 General Fund 888,373 Materials Management Fund 71,185 Technology Services Fund 301,450 Risk Retention Fund 275,780 Fleet Management Fund 43,056 $ 2,483,979 Transfers out of Airport Fund Electric Fund$ 160 Water Fund 4,692 Wastewater Fund 5,050 General Fund 294,997 Materials Management Fund 7,054 Technology Services Fund 54,417 Risk Retention Fund 18,574 Fleet Management Fund 1,872 $ 386,816 Transfers to Technology Services Fund Electric Fund$ 1,411,517 Water Fund 882,670 Wastewater Fund 312,434 Solid Waste Fund 301,450 General Fund 4,902,771 Risk Retention Fund 29,153 Street Improvement Fund 65,790 Aquatic Center Fund 87,252 Airport Fund 54,417 Miscellaneous Funds 57,037 Materials Management Fund 75,982 Fleet Management Fund 98,110 Risk Retention Fund 27,787 $ 8,306,370 3 Attachment 1 Summary of Internal Administrative Cost Transfers Proposed FY12-13 Transfers out of Technology Services Fund Water Fund$ 4,692 Wastewater Fund 5,050 General Fund 469,274 Materials Management Fund 55,576 Risk Retention Fund 28,866 Fleet Management Fund 936 $ 564,394 Transfers to Materials Management Fund Electric Fund$ 262,400 Water Fund 167,601 Wastewater Fund 161,012 Solid Waste Fund 71,185 General Fund 448,590 Risk Retention Fund 3,617 Recreation Fund 31,163 Airport Fund 7,054 Fleet Management Fund 82,653 Technology Services Fund 55,576 $ 1,290,851 Transfers out of Materials Management Fund Water Fund 4,692 Wastewater Fund 5,050 General Fund 709,589 Technology Services Fund 75,982 Risk Retention Fund 17,358 Fleet Management Fund 1,872 $ 814,543 Transfers to Fleet Management Fund Electric Fund$ 49,578 Water Fund 26,208 Wastewater Fund 35,256 Solid Waste Fund 43,056 General Fund 115,272 Street Improvement Fund 17,010 Airport Fund 1,872 Materials Management Fund 1,872 Technology Services Fund 936 $ 291,060 4 Attachment 1 Summary of Internal Administrative Cost Transfers Proposed FY12-13 Transfers out of Fleet Management Fund Water Fund 4,692 Wastewater Fund 5,050 General Fund 371,303 Materials Management Fund 82,653 Risk Retention Fund 66,814 Technology Services Fund 98,110 $ 628,622 Transfers to Risk Retention Fund Electric Fund$ 334,998 Water Fund 274,309 Wastewater Fund 177,135 Solid Waste Fund 275,780 General Fund 1,302,807 Street Improvement Fund 64,315 Recreation Fund 20,434 Airport Fund 18,574 Materials Management Fund 17,358 Fleet Management Fund 66,814 Technology Services Fund 28,866 $ 2,581,390 Transfers out of Risk Retention Fund Water Fund 4,692 Wastewater Fund 5,050 General Fund 183,520 Materials Management Fund 3,617 Technology Services Fund 29,153 $ 226,032 Transfers out of Health Insurance Fund General Fund 19,473 Transfers out of Street Improvement Fund Fleet Management Fund 17,010 Risk Retention Fund 64,315 Technology Services Fund 65,790 $ 147,115 Transfers out of Recreation Fund Materials Management Fund 31,163 General Fund 80,668 Risk Retention Fund 20,434 Technology Services Fund 27,787 $ 160,052 5 Attachment 2 Attachment 3 NEIGHBORHOOD PARTNERSHIP MATCHING GRANT DRAFT NEIGHBORHOOD PARTNERSHIP MATCHING GRANT PURPOSE The purpose of the Neighborhood Partnership Matching Grant is to enhance the overall quality of life of their neighborhood throug partnerships. This grant program provides registered neighborhoo $2,500 to implement projects that provide a neighborhood-wide benefit. This is a reimbursement grant. Funding will not be released unt proper documentation is submitted to the City of Denton Neighbor (CDNPP), 221 North Elm Street Denton, Texas 76201. PROGRAM DESCRIPTION Eligible neighborhood groups may apply for the maximum amount of contingent upon the following: Project appropriateness Funding availability The ability of the applicant to match the award 100% through fi donations and/or volunteer hours The project that qualifies for funding must take place within th provide a communal benefit to the neighborhood, as determined by and fall within one (1) or more of the categories listed below a QUALIFYING PROJECTS Physical improvements to neighborhood entryways, perimeter areas, street borders and medians, parks, playgrounds, tot lots, and other neighborhood am improvements may include landscaping, tree plantings, signage, e structures, and similar beautification or enhancement projects. projects must be performed in a public right-of-way or on public property. Projects on property owned by a neighborhood or homeowners association will be considered on a case by case basis, if it is shown to provide a communal benefit Public safety programs or initiatives, such as safety training, crime or fire prevention programs, traffic deterrent or calming projects or studies. 2 Cultural, educational, and recreation programs including literacy programs, leadership training, computer labs, after-school enrichment programs, cultu summer camps. Neighborhood master plan or comparable studies that focus on enhancing the neighborhood. These must not contain plans currently being devel Projects must take place within the boundaries of the neighborho for donated space that is outside the neighborhood, when suffici neighborhood is lacking or not available. Improvement projects that are targeted under the City of Denton not be funded under this grant program. APPLICANT ELIGIBILITY Those eligible to apply for the matching grant program are assoc purpose is neighborhood revitalization and must: as an organized public neighborhood association with a governing body; Be located within the City of Denton city limits; and Federal Tax Identification number. CRITERIA FOR FUNDING APPROVAL To be considered for funding approval, eligible neighborhood gro must: Successfully complete the grant application process; Provide evidence the project qualifies for this funding program Provide evidence the requested grant and project was favored by neighborhood association members and the governing body; Assume the lead role and responsibility for the project. Partne individuals or groups such as businesses, religious, fraternal o educational institutions, political groups and non-eligible neig Provide advance notice of all other funding sources, both publi project; and Contribute to and ensure resident involvement in all phases of significant neighborhood donation in dollars, goods, or in-kind At least one quarter (25%) of the neighborhood match must come f For example, 25% of a $2,500 matching grant is $625, and at the per hour, 62.50 volunteer hours would be required. 3 Note: Association officers or members who may provide project consulting or planning services are not entitled to receive a salary or payment for project-related services or operating expenses. Requests for salaries or operating expenses will only be considered for project- related contracted, professional service providers. CRITERIA FOR DISQUALIFICATION OR FUNDING DENIAL Applicants may be disqualified or denied grant funding if one (1 applies: A grant application is submitted after the deadline; A grant application is incomplete or missing a budget, voluntee etc.; The matching labor funds and other donations is not equal to or amount of the matching grant; The mandatory technical grant workshop is not attended; The association has no bank account or Federal Tax ID number; o Funding under this matching grant program was previously provid association has not successfully completed the funded project. APPLICATION PROCEDURES AND TRAINING Step 1: Obtain a grant application by contacting the CDNPP at (940) 34 the application from the City website at www.cityofdenton.com/neighborhoodplanning. (NOTE: A copy of the application form is attached hereto as ) Step 2: Complete the application in detail and submit to CDNPP at City Street Denton, Texas 76201. Step 3: Schedule to attend a grant training workshop. The CDNPP can be training workshop date(s), time(s) and location(s) information. For your convenience, multiple training workshops will be scheduled. Each session will address how to complete the Neighborhood Partnership Matching Grant application, how to increase your opportunities to receive funding, and how to implement a project. Additional information will include an explanation of grant requirements and examples of technical needs assistance. SELECTING PROJECTS FOR GRANT FUNDING A Grant Review Team consisting of representatives from various d of Denton will be formed to screen each application and determin criteria for funding approval. Funding requests for projects inv 4 parks or City owned and/or maintained property will also be revi that Division. A (). The highest ranked project will be approved by the Grant Re funding. The second highest ranked application meeting the crite considered for approval, etc., subject to the availability of bu selected will be notified of the decision. The City reserves the right to deny any grant request for a proj inappropriate, offensive, or discriminatory, o discretion. GRANT PROGRAM CONDITIONS Once the City awards a grant, a contract and hold harmless agree must be signed (Attachments ). After the contract is executed, a check may be prepared and disb materials or supplies included in the approved application/budge and in-kind donations, or project services identified in the bud after such service is rendered and verified by the City. Checks associations only. Grant funding recipients must submit a monthly project status re description of completed portions of the project, and financial contracts, vouchers etc. No later than thirty-days (30) after completion of the project, documentation shall be submitted to the CDNPP, by mail or hand d Projects are to be completed within the period specified in the progress has been made after six (6 Grant Review Team will assess the status of the project and dete continued or terminated. Any project scheduled for completion b (ending September 30) must be completed and approved for reimbur September 1 of that year, and may not be continued unless a new approved. If the deadline for reporting and completing the project is not denied the opportunity to receive future grant funds under this 5 The grant program recipient or the association as a whole is res public or privately owned fixtures, sidewalks, vegetation or oth damaged during the course of implementing the project. Grant recipients and the association must comply with all applic regulations, as well as obtain all required permits for signs, sof-way work, etc. Unless the City agrees to other arrangements in advance, the Cit level of maintenance in and around the project site after the pr ce remains the responsibility of the grant recipients. Exceptions to this will be considered on a Manager or his designee, and approval will be rendered on the ba For additional information, please call CDNPP at (940) 349-7274. 6 NEIGHBORHOOD PARTNERSHIP MATCHING GRANT PROGRAM GLOSSARY OF TERMS Budget estimate: projected expenses for project materials, applicant match, volun in-kind donations, cash, etc. Cost-share : in-kind services or funds set aside specifically for the proj Deadline: a specified time or date after which completed applications will considered. Donations: goods or services with a measurable value given to an associatio applicant. In-kind: a value placed on materials, supplies, and/or professional servi be counted toward the grant match. For example, a donation of la for $100 would count as a $100 match. Maintenance: median area) of the project and surrounding area. Match: applicant provided cash, goods, services, and volunteer hours th grant request (volunteer hours are valued at $10/hour). Public benefit: positive effects of a project or program upon the community/cityat-large. Public property: any City-owned land, facility or structure (i.e., recreation cen public rights-of-ways, etc.). Right-of-way: any street, avenue, boulevard, highway, sidewalk, alley or simil dedicated for vehicular and/or pedestrian use which is controlle Government. 7 NEIGHBORHOOD PARTNERSHIP MATCHING GRANT APPLICATION FORM Use this application to describe the proposed project in detail, expected benefits and include a budget that clearly shows cost-s type. Complete this application in full. If any questions do not apply type not applicable or N/A, in the slotted area. Do not leave any part of the application blank (with exception to extended lines not required for descrip may be used as necessary. Submit the original application and five (5) copies in a manila be received in the Planning Division office located at 221 N. El than 5:00 p.m. on the day set by the City as the deadline date. If representatives of organizations have questions concerning th call Neighborhood Services at (940) 349-7274. GENERAL INFORMATION 1. Name of Organization _________________________________________ 2. Federal Tax I.D. Number _______________________________________ 3. Bank Name and Account Number __________________________________ 4. Name, address, and phone numbers of responsible person(s) a. Name___________________________________________________ b. Mailing Address ___________________________________________ c. City and Zip Code _________________________________________ d. Phone Number Day _____________ Evening __________________ e. Fax Number______________ E-mail __________________________ 5. Has the applicant received previous grant assistance from the C Yes____ No____ Project Name ___________________ Date________ Amount _________ Department/Division _____________ 8 6. Project Title And Description a. Project title_______________________________________________ ___________________________________________________________ b. Project description (describe needs, location, partnerships, ex and benefits to neighborhood/community/city-at-large) ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 8. Provide a project schedule that specifically details how your a accomplish the proposed project/plan. ___________________________________________________________ 9 ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 10 9. Budget Information a. Total amount of money requested $ ___________________________ b. Total project expense $ ____________________________________ c. Total amount of donations: volunteer labor, in-kind donations services $ ______________________________________________________ d. Estimated project time-frame _________________________________ 10. Provide an itemized budget showing cost of product(s) and expen ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 11 Describe what type of maintenance will be required for the proje maintenance, and how often. (Note that maintenance of the project area over and above the will be the responsibility of the grant recipient, unless specified herein. The City of Denton will continue its current level of maintenance, where applicable.) ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ A volunteer signup sheet is attached to this application. Make c pages as needed. 12 VOLUNTEER HOURS PLEDGE SHEET Project Title and Name of Association: ___________________________________________ NAMESADDRESSPHONE #HOURS PLEDGED 13 Frequently Asked Questions How many times may my association apply for funding? Associations may apply for funding once in a fiscal year. The C stth October 1 to September 30. How do I access funds allocated to my project? Grants recipients may access funds in the following ways: Check. 1. Upon prior approval of the Grant Team, neighborhood organizatio have a Federal Tax ID number and have proof of being in existenc year may receive a check in the amount of the grant for deposit organizational bank account. Purchase order. 2. The City can issue purchase orders to vendors who are willing t the items needed. The estimate must be provided to the CDNPP sta have the City Finance Office provide a purchase order to the ven person(s) from your organization authorized to pick up items on organizations. The vendor will have a copy of the purchase orde you to acquire the items listed. Allow at least 14 business day request. Reimbursement. 3. Purchase the item(s) yourself and submit the original receipts the CDNPP staff for reimbursement. You may deliver or mail the r during the course of the project. Allow at least 14 business days to process this request. City procurement. 4. purchase the item(s) 940-349-7274, for an appointment. To use this option, a purchase ma $500.00 including tax. Vendor check. 5. Vendor check may be issued if a vendor does not accept a purchase order or procurement card. Allow 15 business days to p request. What if my application is not approved? You may request feedback on your application and are welcome to time. The CDNPP can assist you with your application. Eligible Projects Below are examples of eligible projects. This is not an all-inc submit creative ideas for matching grants. Community gardens and landscaping Educational program such as lawn care and property maintenance Neighborhood signage Neighborhood parks and related improvements Right-of-way improvements Youth programs Youth membership dues Programs to engage seniors and people with disabilities or tran costs for participation in neighborhood project. Community health fair Community Festivals Food cost may not exceed ten (10) Ineligible Projects Motor vehicles of any kind for any purpose Employment of individuals or companies to provide services that Denton Purchase of real property in the name of the association or any organization Mobile phones or services or similar electronic devices or asso Money for individuals, organizations or groups for their privat benefit the neighborhood at large. This includes payment for ser utilities, and internet Social, political or fraternal organization memberships Field trips or admissions Cash prizes Yard equipment, chainsaws, weed-eaters, lawnmowers and similar of an approved community tool shed. Rental of equipment is permi 1 EVALUATION CRITERIA RANKING SHEET Neighborhood Partnership Matching Grant Each bullet is to be evaluated on a scale of one to five using the key below. 1 Does not meet criteria. 2 Does not meet criteria yet attempt was made to. 3 Minimally meets the criteria with some inaccurate or missing information. 4 Meets the criteria with minimal information. 5 Meets the criteria with added and complete information. POINTS SUB- EVALUATION FACTOR ASSIGNED TOTALS A. Project Description And Statement Of Qualifications The description identifies the needs to be addressed. The description clearly outlines how the needs will be met. The description clearly states how this will benefit the neighborhood area. A detailed listing is provided that includes the amount of the grant request. The project benefits the community by improving the quality of life in the neighborhood through beautification, education, and enhancement. The project benefits the community by infrastructure repair and/or improvements. The requested project is in an area designated by the Census Track as a low and moderate-income area. Subtotal (Maximum 40 Points) B. Implementation Tasks And Schedule The proposal provides a complete implementation plan and schedule. The proposal provides a feasible implementation plan and schedule. The proposal demonstrates the applicant has the neighborhood support to carry out the project.Should include discussion and approved neighborhood meeting minutes. The proposal demonstrates the applicant has the capacityto carry out the project. Proof that requested funds are sufficient to complete the project within the contracted period or proof of additional funding source to complete the project. The proposal includes an itemized listing of expenditures. The proposal includes a detailed list of costs. Subtotal (Maximum 35 Points) C. Volunteers, Participation, And Donations Proof of attendance at grant program training workshop. A listing of in-kind donations such as supplies, equipment, space or professional services. An estimated listing with names and addresses of the volunteers that meet or exceed the matching dollar amount ($625). Proof of a secured maintenance plan for the project once improvements are made. (If no physical improvements are proposed and no maintenance component can be substantiated for this proposal, this section will not penalize the application). Subtotal (Maximum 20 Points) TOTAL POINTS (Maximum 95Points) 2 Evaluation Signature ______________________________________________________________________ Date____________________ Neighborhood ___________________________________________________ 3 NEIGHBORHOOD PARTNERSHIP MATCHING GRANT AGREEMENT Denton, Texas, on the _______ day of ____________, 2______, between THE CITY OF DENTON, TEXAS, a municipal corporation existing by and under the laws of the State of Texas Entity _________________________________________________________ WITNESSETH WHEREAS, the City desires to improve the appearance, organizatio by providing grants to neighborhoods to identify, design, implem WHEREAS, The grantee is a volunteer and incorporated neighborhoo WHEREAS, the City recognizes that the Grantee has proposed a nei been reviewed and approved by City. The project is identified b _______________________________________________________ (Project Name) WHEREAS, the Grantee has requested assistance from the City to NOW, THEREFORE, THE CITY AND GRANTEE DO MUTUALLY AGREE AS FOLLOW 1. This Agreement shall constitute an offer by the City to grant terms and conditions of this Agreement. If this offer is not ac ______________________, 2______, then this offer shall terminate revert to the City for reallocation to other Grantees. Acceptan the Agreement by Grantee and delivery thereof to the City. 2. Project Scope of Work and Project Budget: The Grantee agrees to abide by all the terms and conditions of t placed on the Project or Budget by the City. The Grantee may re may approve or deny the request. Both the request and approval 3. Project Managers: The project manager for the City shall be the City Manager or hi be by telephone to (940) 349-7274, and in writing addressed to t Planning Program, 221 N. Elm Street Denton, Texas 76201. The Ma be _________________________________. Notice to the Grantee sha _________________________________ and in writing addressed to th _____________________________________________________________________________. If for any reason the name changes in writing. If Grantee fails to notify City of such cha notification to Grantee. 4. Records, Reports, and Inspection: a. The Grantee shall maintain financial records, accounting, and p the match as specified in the Project and Budget. These books, general accounting procedures and be available for review by the and shall be retained and provided as required by law. Grantees 4 b. All costs shall be supported by properly executed time records, other accounting documents pertaining in whole or in part to thi clearly identified and accessible. c. The Grantee will submit to the City periodic reports detailing t requested. d. The Grantee shall submit to the City a written final report upon report shall be submitted to the City no later than thirty-days include, at minimum, a one-page summary of the work completed du photographs, not including the two (2) referenced in section (f) d of any educational programs, or other activity funded by the Project, o request of the City, the Grantee shall make available the negati photographs provided. The photographs shall become the property e. A This information may include, but is not limited to, volunteer sign-in sheets for each activity day used for the matc f. The Grantee shall submit to the City photographs taken of the s Agreement prior to any work being conducted. A minimum of two ( different angles, shall be submitted. At the request of the Cit media recording devices for the photographs provided. The photo and will not be returned. Grantee should take care to obtain ap photographs provided to the City, as they will become public rec in any way it deems appropriate including in printed material di of adequate releases if so requested. g. The Grantee shall also furnish to the City, such time and in s records reports, data, and information as the City may request. 5. Funding and Expenditures: a. The City will fund the Grantee in accordance with this Agreemen Budget. b. (1) Any reimbursements will be made only a documentation that will evidence payment of allowed expenditures Grantee shall provide all documentation required by the City. F shall result in denial of the reimbursement request. In order f or bank name and account number. (2) The City of Denton is exempt from all state taxation including sal (3) The total amount of City funds disbursed for this project sh otherwise specifically provided herein. (4) The Grantee agrees to provide the amount of $______________ materials, and/or cash) towards the total cost of this Project. y may adequately ensure itself that the match has been provided. Failure to adequately document the match shall disqua the match. 5 (5) Such funds shall be expended as outlined in this Agreement, (6) Funds may be withheld at any time during the term of this Ag the terms or conditions of this Agreement or is in violation of other local laws. If funds are withheld, the Grantee may be ine c. The Grantee agrees not to expend funds received under this Agre Budget, and shall not expend funds in a total amount that exceed d. If requested by the association and upon availability, of up to two hundred fifty dollars ($250.00) or ten percent (10%) of t is lesser to complete the project. These additional funds may o be used to fund activities or pay expenses contemplated by this 6. Grant Period a. The term of this Agreement is from ____________ ___, 2_____ through ___________ ___, 2_____. The Project Manager may authorize the extension of this Agreement fo completed but the Grantee is in compliance with the Agreement an Project in a timely manner. Requests for extensions and decisio b. Funds shall be disbursed by the City in accordance with Paragra only for those expenditures made during the approved period and budget. c. Funds not expended by the expiration of the grant period or any City. 7. Maintenance a. By accepting this award, the Grantee agrees to maintain, if app Grant. Maintenance shall include but not be limited to the rout mowing, and pruning of plant material, and the routine cleaning, equipment or structures. b. The Grantee agrees that the City shall not be responsible for, replacement of any plant, sign, equipment or structure purchased some point due to accident, natural disaster, normal wear or oth any project. c. If in the event the Grantee fails to maintain the Project in ac right to remove any and all improvements associated with the Pro 8. Non-Expendable Property: a. - property that will not be consumed and has a life expectancy in shall not be construed to mean any physical improvement construc material after it has been appropriately planted. b. The Grantee shall provide the City a list of any non-expendable should identify the non-expendable property by description, mode 6 Non-expendable property shall be owned by the City. The Grantee property purchased with these funds subject to the following con (1) The Grantee shall use the non-expendable property for the pu (2) The Grantee shall not sell or dispose of any non-expendable the City in writing. (3) Unless otherwise specifically identified, the Grantee shall of the non-expendable property, including routine cleaning, repa excessive wear. This does not preclude the use of City funds to identified in the Project. (4) Upon expiration or termination of this Agreement, the City s control and all other ownership rights of the non-expendable pro non-expendable property to the City. (5) The City shall have the right to take exclusive possession, expendable property at any time prior to the expiration of this condition of this Agreement or the Project or Budget. 9. Compliance with Federal, State, and Local Laws: The Grantee shall comply with all Federal, State, Cou local laws, regulations and ordinances at all times. 10. Reservation of Rights: The City reserves the right to visit, at any reasonable time, an Agreement, and to review and analyze the financial or service re inspections pertaining to this Agreement. 11. Termination of Agreement: If, through any cause, the Grantee shall fail to fulfill in a ti obligations under this Agreement, or if the Grantee shall violat Agreement, the City will thereupon have the right to immediately of such termination. Further, if the Grantee uses any funds pro than authorized under this Agreement, the grantee shall repay su of receiving additional funds under this Agreement. The City may terminate this Agreement for any reason and without notice. Notice of such termination will have been given when the Notwithstanding the above, the Grantee shall not be relieved of breach of Agreement by the Grantee and the City may withhold any 7 Grantee equal to the amount of damages until such time as the ex from the Grantee is determined. or to the operation of a program provided by these funds shall b of this Agreement. If the City for any reason terminates this Agreement, then the C eligible to receive funds through this or other similar programs 12. Indemnification: The Grantee will defend, indemnify and hold harmless the City f claims, demands, suits or damages for any form of negligence or personal injury or bodily or property damages, in connection wit to this Agreement, including, but not limited to, matters arisin referred to in Paragraph 8 above. All persons performing any a must execute a release and hold harmless agreement in the form a and hold harmless agreements shall be delivered to the City. An hold harmless agreement shall not be allowed to perform any acti 13. Discrimination: No person shall, on the grounds of race, color, national origin preference, age, marital status or disability, be excluded from be subject to discrimination under any program or activity funde Agreement. The Grantee agrees not to violate this provision. 14. Special requirements for projects in city-owned rights-of-way: The following additional requirements shall apply to projects which involve temporary or permanent wor placement of vegetation, signs, benches, lights, decorative stat a. The Grantee is responsible for repair of any fixture, sidewalk, of-way or adjacent private property that may be damaged through im b. The City at some future time may require use of the right of wa case, any improvements in the City right-of-way shall be removed by the Grantee, the City shall not be responsible for replacement of the Project. c. The Grantee must obtain the appropriate consent from the City f right-of-way for any project which involves placement of vegetat the right- of-way shall comply with all regulations including obtaining buildof-way or other permits and inspections as necessary. 15. City as owner of property in city-owned rights of way: For any project which involves the placement or installation of any property or structure, including but not lim within a right of way or on City-owned property, such property o of the City. 16. Governing law: This Agreement shall be construed under and covered by the laws Texas. IN WITNESS WHEREOF, the City and Grantee have executed this Agr above written. CITY OF DENTON, TEXAS ATTEST: ____________________________ BY:_____________________ City Clerk WITNESS: ___________________________ GRANTEE BY:____________ _____________________________________ TITLE:_________________________________ CITY OF DENTON RELEASE AND WAIVER OF CLAIMS, HOLD HARMLESS AND INDEMNITY AGREEMENT This City of Denton Release and Waiver of Claims, Hold Harmless Agreement, and 2_____, d Partnership Matching Grant for the City of Denton, Texas WHEREAS, City has entered into an agreement to allow the ______________________ to improve the neighborhood through the neighborhood grant which assistance. NOW, THEREFORE, for good and valuable consideration the receipt hereby acknowledge, and in order to fulfill the obligations unde Grantee agrees as follows: 1. The undersigned Grantee does hereby RELEASE AND FOREVER WAIVE ANY AND ALL PRESENT AND FUTRUE CLAIMS, COVENANT NOT TO SUE and HOLD the City of Denton, its City Council, any City Departme its employees, servants, representatives, officers, agents, succ from and against any and all claims, damages, liabilities, actions, costs or expenses, including but not limited resulting in death of the undersigned whether arising out of or caused by the negligence of any or all of the releasees or otherwise, or whether arising out of or caused by any defect, or presence or absence of any condition of, or in or on any real property, premised, City property or thoroughfare, or any City vehicle while the undersigned is participation in any aspect of the Neighborhood Grant Program. 2. The undersigned Grantee agrees to indemnify and hold and save t harmless from any and all damages, loss or liability occurring b any person or property which may occur as a result of satisfying agreement or occasioned by an act or omission, neglect, or wrong and Grantee will, at his/her own cost and expense, defend and pr any and all such claims or demands which may be claimed to have or in connection with satisfying the obligations of the agreemen 3. The undersigned expressly agrees that this City of Denton Relea Waiver of Claims, Hold Harmless Agreement, and Indemnity Agreeme be as broad and inclusive as is permitted by the law of the Stat portion thereof is held to be invalid, it is agreed that the bal, continue in full legal force and effect. 1 4. The undersigned Grantee has read and voluntarily signs the City Denton Release and Waiver of Claims, Hold Harmless Agreement, an Agreement, and further agrees that no oral representations, stat apart from the foregoing written Agreement have been made. 5. The undersigned Grantee agrees that he/she has been hereby encouraged to seek the advise of his/her own attorney prior to s Denton Release and Waiver of Claims, Hold Harmless Agreement, an Agreement and has been given the opportunity to seek such counse 6. The undersigned Grantee acknowledges the fact that this release including his or her address and phone number will become a publ available to members of the public upon their request. GRANTEE: Sign: ________________________________________ Print: ________________________________________ Address: _______________________________________________________ ______________________________________________________________ Phone: ______________________________________ 2 AGENDA INFORMATION SHEET AGENDA DATE: August 14, 2012 DEPARTMENT: City Managers Office CM/DCM/ACM: George Campbell, City Manager SUBJECT: Hold a discussion and give staff direction regarding the establishment of a standing committee of the City Council of the City of Denton, Texas to be known as the Committee on Citizen Engagement. BACKGROUND: Pursuant to Council Member Rodens request at the council meeting of August 7, 2012, that a standing Council Committee be established regarding citizen enga resolution is being brought forth for Council discussion and feedback. The purpose of the committee shall be to provide advice to both the City Council and/or staff regarding timely distribution of accurate and complete information to Denton citizens and to devise methods of engaging Denton citizens in the various processes of city government. The committee shall be composed of three members of the City Council and allow for the City Manager, or his designee, to provide guidance and assistance and ensure that proper records are maintained. Respectfully submitted: George C. Campbell City Manager Prepared by: Betty Williams Director of Administrative Services Attachments: Draft Resolution Resolution No. R2009-015 AGENDA INFORMATION SHEET AGENDA DATE: August 21,2012 DEPARTMENT: Parks and Recreation ACM: Fred Greene ______________________________________________________________________________ SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the 35 Denton Presents: Hot Wet Mess music festival. The event will be held in the North Texas State Fairgrounds on Saturday, September 1, 2012, from noon to 10:00 p.m. The exception is specifically requested to increase decibels for amplified sound from 70 to 75 decibels. BACKGROUND This will be the first time that 35 Denton has sponsored this event and anticipates about 5,000 attendees to the music festival. The one-day event has a water park themed atmosphere and will have one of t inflatable waterslides with other smaller water features. There will be one stage with six bands providing music to entertain the guests. RECOMMENDATION Staff recommends approving the noise exception request. PRIOR ACTION/REVIEW At the March 2, 2010, City Council meeting, a request for an increase of decibels was approved for up to 75 decibels for the NX35 Music Conferette concert held at the North Texas Fairgrounds. The same event organizers are coordinating this new event, Hot Wet Mess. EXHIBITS 1.Letters of Request Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider approval of a resolution approving the issuance of Revenue Bonds by the Housing Finance Development Corporation (HFDC) of Central Texas, Inc. (Lutheran Social Services of The South Obligated Group Project), Series 2012 in an estimated aggregate principal amount not to exceed $24,000,000; recognizing that the City of Denton is not responsible for issuing the bonds and has no financial obligation to pay any principal or interest on the bonds; making certain findings in connection therewith; and providing an effective date. BACKGROUND 221, Texas Health and Safety health facilities in Denton consisting of a 65 bed residential treatment facility known as the at n Social Services of several others in Texas, including Brenham, Canyon Lake, Corpus Christi, Katy and Victoria. Lutheran Social Services is a Texas nonprofit corporation exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986. to obtain a consent to the financing from a governmental unit within which such health facilities are located. The Project is being financed with bond proceeds and is located within the jurisdiction of the City of Denton, Texas. Therefore, pursuant to the and to enable the Issuer to proceed with the proposed financing of the Project with tax exempt bonds. In accordance with the Code, a Notice of Public Hearing was published in the Denton Record Chronicle on August 4, 2012. The Public Hearing will be held within the City of Denton at 4601 Interstate 35 North, Denton, Texas, 76201, 2:00 p.m. on August 21, 2012. PRIOR ACTION/REVIEW (Council, Boards, Commission) On August 3, 2004, the City Council approved Resolution 2004-037 approving the original financing by the HRDC of Central Texas, Inc. of a health facility located within the City of Denton, Texas. Agenda Information Sheet August 21, 2012 Page 2 FICAL INFORMATION The Bonds will be payable solely from the refinancing loan agreement, and, the City of Denton will have no obligation whatsoever for payment of the Bonds, nor shall any of its assets be pledged for payment for the Bonds. RECOMMENDATION Staff recommends approval of the resolution. EXHIBITS 1. Memo from Naman Howell Smith & Lee, Attorneys at Law 2. 2004 AIS & Resolution 3. Copy of Notice of Public Hearing 4. Resolution Respectfully Submitted By: Bryan Langley CFO and Director of Strategic Services EXHIBIT 1 MEMORANDUM from Cliff Blount (512) 807-2454 Fax (512) 474-1901 E-mail: blount@namanhowell.com TO: Charleta Gilbreath City of Denton DATE: July 25, 2012 RE: Lutheran Social Services of the South, Inc./r, Denton, Texas The purpose of this memo is to request the approval by Denton of a tax exempt bond or the ) for in Denton. The bonds are proposed to be issued by HFDC of Central Texas, Inc. to refinance facilities of Lutheran Social Services in 7 locations around Texas (the other locations are Austin, Brenham, Canyon Lake, Corpus Christi, Katy and Victoria).The bonds will not constitute a liability of Denton and the city will not be responsible for any expenses related to the bond issue, but an approval is required under the Internal Revenue Code for the transaction to go forward.Denton approved the original bond issuance in 2004 and a copy of that resolution is enclosed. The Borrower: Lutheran Social Services is a Texas nonprofit corporation exempt from federal income taxes. This allows the Borrower to refinance the enter as well as , with tax exempt bonds (lowering the interest rate on its borrowing). The Financing: The Borrower proposes to finance the Project through the issuance of up to $24,000,000 of HFDC of Central Texas, Inc. Revenue Bonds (Lutheran Social Services of the South Obligated Group Project), Series 2012. Under the terms of the financing documents, all liability to repay the bonds falls on the Borrower. The Issuer has limited liability in regard to the bonds, with that liability being limited solely to payments first furnished to the Issuer by the Borrower. {01963332.DOC / } - 1- EXHIBIT 1 The Borrower anticipates an interest rate savings through the use of tax exempt bonds that will allow it to borrow at a substantially lower rate of interest than if it borrowed through a conventional bank loan. Approval by City of Denton: The City 147(f). That section of the Code requires that a public hearing be held in connection with the issuance of the bonds both in Hubbard (where the bonds will be issued) and in all of the locations where the financed facilities are located. After the hearing, the bond issue must be approved by the mayor and/or city council of Hubbard and Denton, as well as the other jurisdictions which contain facilities. Notice of the public hearing must be published in a newspaper at least 14 days before the hearing is conducted. The public hearing can be conducted by anyone designated by the Issuer. There is wide flexibility on how the public hearing is conducted so long as it occurs before the Ciapproval is given.I am happy to schedule and hold a hearing in Denton on the Ci behalf and report the results or the City may hold the hearing.In several jurisdictions, I am holding a hearing at the facility and in several, the governmental entity is holding the hearing. With regard to the public approval, the law requires that approval be given by both the Hubbard) and by tDenton, for this facility). The law these jurisdictions, being either the mayor if elected at large; or the full city council. We are at your discretion as to how this is handled. While not required by state law for this financing as there will be no new construction for the facilities in Denton, we are also asking that the financing be approved pursuant to the Health Facilities Development Act. Impact on Denton: The bonds will have no effect on Denton. The bonds are not a liability of the City but only of Lutheran Social Services and, to a limited extent, the Issuer. The documents prepared in connection with the issuance of the bonds will make that expressly clear. I would be happy to speak with you about this memo and begin to schedule the public hearing and the further approval of the City at your convenience. Enclosed with this memo is a form of Notice for the public hearing which we will need to publish at least 14 days prior to the hearing. Also attached is a form of Resolution for the City and a copy of the resolution adopted in 2004. Thank you very much for your assistance. {01963332.DOC / } - 2- EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 3 AGENDA INFORMATION SHEET AGENDA DATE: August 21, 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 accepting competitive bids and awarding a four year contract for the purchase of Fiber Optic Cable for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4937-Four Year Contract for Supply of Fiber Optic Cable awarded to the overall lowest responsible bidder meeting specification Stuart C. Irby Company for an annual estimated expenditure of $57,500 and a four year estimated total of $230,000). BID INFORMATION The City of Denton currently maintains over 300 kilometers of fiber optic cable network that provides data and voice communications to over 50 City facilities. Fiber optics cable is a flexible fiber made of glass, (silica) or plastic, slightly thicker than a human hair. It functions as a waveguidelight pipe widely used in fiber-optic communications, which permits transmission over longer distances and at higher bandwidths (data rates) than other forms of communication. Fibers are used instead of metal wires because signals travel along them with less loss and are also immune to electromagnetic interference. Fiber communications is used to provide internet services to all City facilities and provide communications from all of Denton Municipal Electric and facilities. The cable specified in this bid will be used for upcoming projects and the replacement of existing fiber as needed. City of Denton formal procurement procedures were utilized. Invitation for Bid (IFB) 4937 was posted on the internet, advertised in the local newspaper, and emailed to 579 prospective bidders. Seven bids were received with Stuart C. Irby Company submitting the overall lowest responsible bid meeting specifications. Bids were also specifically sent to four local firms, but no bids were received from those firms. RECOMMENDATION Approve a four year contract with Stuart C. Irby Company. for the supply of fiber optic cable in the four year estimated amount of $230,000. Agenda Information Sheet August 21, 2012 Page 2 PRINCIPAL PLACE OF BUSINESS Stuart C. Irby Company Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This is a four year contract with the option to renew for two additional one year periods if agreed upon by both parties. FISCAL INFORMATION The items in this bid will be funded out of the Warehouse Working Capital account and charged back to the using department. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-Bid 4937 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A FOUR YEAR CONTRACT FOR THE PURCHASE OF FIBER OPTIC CABLE FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4937-FOUR YEAR CONTRACT FOR SUPPLY OF FIBER OPTIC CABLE AWARDED TO THE OVERALL LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION STUART C. IRBY COMPANY FOR AN ANNUAL ESTIMATED EXPENDITURE OF $57,500 AND A FOUR YEAR ESTIMATED TOTAL OF $230,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 4937 1-22 Stuart C. Irby Company Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 4937 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-BID 4937 IFB # 4937 Exhibit A Opening Date: 6/12/12 Description: Four Year Contract for Fiber Optic Type of Product ITEMUOMVendor Requested Stuart C. Irby Company Principal Place of Business Fort Worth, TX $1.244 1FT72- Fiber ADSS Cable 2-Manufacturer:AFL 3-Part NumberDNA-31033 See Attached Quote 4FTMinimum Reel Length Detail See Attached Quote 5FTMaximum Reel Length Detail See Attached Quote 6FTReel Length Proposed Detail See Attached Quote 7-Fiber Core Detail See Attached Quote 8-Maximum Space Potential Detail See Attached Quote 9-Maximum Span Detail See Attached Quote 10-Heavy Sag Vertical Detail See Attached Quote 11-Heavy Sag Horizontal Detail See Attached Quote 12-Heavy Sag Percentage Detail Typical Tension, pounds See Attached Quote 13- @ 1% sagDetail Tention Heavy, pounds @ See Attached Quote 14- 4% sagDetail See Attached Quote 15MPHWind Detail See Attached Quote 16-Wind Pressure Detail See Attached Quote 17-Breaking Load Detail See Attached Quote 18-Maximum Cable Load Detail See Attached Quote 19-Cable Diameter Detail See Attached Quote 20-Cable Weight lb/ft Detail IFB # 4937 Exhibit A Opening Date: 6/12/12 Description: Four Year Contract for Fiber Optic Type of Product ITEMUOMVendor Requested Stuart C. Irby Company Principal Place of Business Fort Worth, TX See Attached Quote 21-Attenuation 1300nm Detail See Attached Quote 22-Attenuation 1500nm Detail Estimated delivery after 23weeks20-22 weeks receipt of order Specify all approved 24-options for supports and Attach on separate sheet dead-end hardware Payment Term Discounts Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice that is Invoice Paid in 20 days 0.00% Invoice Paid in 15 days 0.00% Invoice Paid in 10 days 0.00% *Prices shall be bid FOB Destination *In case of calculation error, unit pricing shall prevail AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT purchase a cast stone sculpture, Ecce Homo, by Octavio Medellin from the Russell Tether Fine Art Galley as public art for the City of Denton. The sculpture will cost $5,000 and is pursuant to the City of Denton Public Art policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues previously authorized and encumbered for expenditure to such purposes; and declaring an effective date. The Parks, Recreation and Beautification Board recommend approval with a vote of 5-0. BACKGROUND On April 18, 2006, City Council established and appointed a Public Art Committee that serves in an advisory capacity to the Parks, Recreation and Beautification Board. This Public Art Committee, established by separate ordinance, will make recommendations on the: Commissioning, placing, and installing of public art Implementation of funding mechanism(s) for public art Effective and efficient management of public art Ongoing maintenance of public art Accessioning, deaccessioning and resiting of public art The Medellin piece is a cast stone sculpture and haEcce Homo on the facility at the University of North Texas. He completed his sculpture in 1940. The cost of the sculpture is $5,000 which will be paid with the 2011-12 Hotel Motel Occupancy Tax (HOT) funds. RECOMMENDATION Staff recommends City Council approve artist sculpture Ecce Homo as the most recent public art sculpture for the City of Denton. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Art Committee made recommendation of artist selection on August 2, 2012. Parks, Recreation and Beautification Board made recommendation of artist selection on August 6, 2012. Agenda Information Sheet August 21, 2012 Page 2 FISCAL INFORMATION The Ecce Homo sculpture will cost $5,000 and is funded from 2011-12 HOT Funds. EXHIBITS 1.Public Art Committee Meeting Minutes of August 2, 2012 2.Parks, Recreation and Beautification Board Meeting Minutes of August 6, 2012 3. Respectfully submitted: Emerson Vorel Director Submitted by: Janie McLeod Community Events Coordinator DRAFT PUBLIC ART COMMITTEE MINUTES AUGUST 2, 2012 CALLED MEETING Members present: Joy Siegmund, Jack Davis, Robyn Lee, Carol Phillips and Carol Collins Members absent: Jo Williams, Nancy Walkup and Billie Mohair Ex Officio present: Margaret Chalfant Staff present: Janie McLeod CALL TO ORDER . Vice Chair Davis called the meeting to order at 4:30 p.m. CONSIDER APPROVAL OF THE PUBLIC ART COMMITTEE MINUTES FOR: July 23, 2012. Lee made a motion to approve the minutes and Phillips seconded the motion. The motion passed 5-0. ACTION ITEMS: Purchase Historical Pieces of Art Pertinent to Denton with HOT Funds. Davis said the subcommittee met and recommended three pieces of historical art pertinent to Denton be purchased. The pieces are: a figure drawing by Coreen Mary Spellman from the Beuhler Fine Art Gallery, a lithograph by Spellman, and a cast stone sculpture by artist Octavio Medellin from the Russell Tether Fine Art Gallery. The figure drawing by Spellman would cost $900 and Paul Beuhler, the art dealer, said the art is in excellent condition and is framed. The art measures hler will pay for the shipping of the artwork from San Antonio. The Slide lithography was valued $1,200 but the David Dike Fine Art Gallery offered the piece at a reduced price of $750 after negotiations with Davis. is archival matted. artists from Denton. The cast stone sculpture by Medellin is valued at $8,500 but offered to the City of Denton art collection for $5,000. Medellin came to the United States from Mexico and was on the UNT faculty. Medellin completed the sculpture in 1940. The scu McLeod said there are funds available to purchase a base to display the sculpture. Lighting for the sculpture will not be needed. The sculpture will be purchased from the Russell Tether Fine Art Gallery in Dallas. The dealer will deliver the art and work with staff on securing an appropriate pedestal for the sculpture. Davis commented that some artists that the PAC might want to consider for the city collection are: Ethel Brizac, Tony LaSalle and Marie Delaney. ACTION: Collins made a motion to approve the three purchases and Phillips seconded the motion. The motion passed with a vote of 5-0. DISCUSSION ITEMS: Public Art Dedication andBook Sale. McLeod said the book will not be sold at the city libraries as originally anticipated. The books will be available at The Center for Visual Arts during the th. th book signing and until Sept. 10 After Sept 10, the book(s) can be purchased on-line through ooks can be picked up at the warehouse. McLeod said plans for the book signing event are progressing and that the artists not be able to attend the book signing have come by and signed copies of the books. Chalfant brought some posters promoting the exhibit and book signing to share with the committee. There being no further business, the meeting adjourned at 4:55 p.m. DRAFT Parks, Recreation and Beautification Board Minutes August 6, 2012 Civic Center Community Room Members present : Carol Brantley, Vicki Byrd, Dave Rowley; Janet Shelton, Russ Stukel Members absent: Alex Lieban, Derrick Murray Staff present: Emerson Vorel, Mary Aukerman, Jim Mays, Janie McLeod REGULAR MEETING 1.CALL TO ORDER Vice Chairman Brantley called the meeting to order at 6:01 p.m. 2.APPROVAL OF MINUTES OF July 2, 2012 MEETING: Rowley made a motionto approve the minutes as written, Shelton seconded and the motion carried with a vote of 5-0. 3.AWARDS AND RECOGNITIONS: Vorel presented a plaque to Carol Brantley for her dedicated service on the Parks, Recreation and Beautification Board from 2006 thru 2012, the maximum that a member can serve consecutively. Carol will continue to serve until a new member is appointed. 4.ACTION ITEMS: Public Art Project: Select Artist for the Outdoor Art at the Entranceway to the Denton A. Municipal Airport McLeod told the Board that the Public Art Committee sought proposals for a sculpture at the new entrance to the Denton Municipal Airport. The era pilot gripping a propeller that will be cast in bronze. When asked how many proposals were submitted, McLeod said there were 7 or 8 but not all seemed to meet the criteria that -military person with an impressive history and pieces of art in many galleries throughout the country. MOTION: Stukel made the motion to recommend to Council that the Board approve the constructed entrance to the Denton Municipal Airport. Byrd seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Sculpture of Octavio Medellin B. McLeod told the Board that the Public Art Committee is requesting approval to purchase a sculpture by Mr. Octavio Medellin, a former faculty member of UNT, with part of the remainder of 2011-2012 HOT Funds. Mr. Medellin was recommended by Dr. D. Jack Davis, a Public Art Committee member and a former dean of the UNT School of Visual Arts, who is well acquainted with his work and its significance to the Denton community. Mr. Medellin came to the United States, during World War II when a UNT teacher recruited students from Mexico to attend UNT. Mr. Medellin died in 1999. Although the exact location for the sculpture has not as yet been determined, the committee would like to see it placed in the foyer of City Hall. A base or pedestal for the sculpture will also be purchased with HOT Funds. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the sculpture by Octavio Medellin for $5,000. Byrd seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Framed Lithograph by Coreen Spellman C. McLeod told the Board that the Public Art Committee is requesting approval to use some of the remaining 2011-2012 HOT Funds to purchase a lithograph of children playing on a slide by Coreen of the Public Art Committee, was able to get the original sale price of $1,200 reduced to $750. Ms. Spellman is a well known artist from the Denton area. McLeod stated that the piece is framed but the glass will have to be replaced with UV glass. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the lithograph by Coreen Spellman for $750 using 2011-2012 HOT Funds. Stukel seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Framed Drawing by Coreen Spellman D. McLeod told the Board that the Public Art Committee is requesting approval to use some of the remaining 2011- 2012 HOT Funds to purchase a drawing of a female figure reading a book by Coreen Denton art community. The cost of the piece is $900. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the framed drawing by Coreen Spellman for $900 using 2011-2012 HOT Funds. Stukel seconded the motion and it carried with a vote of 5-0. E. offered to donate to the City of Denton six additional watercolors by Mr. Erdle valued at $4,080, with the stipulation that they be displayed with the other two watercolors she previously donated, which now hang in the South Branch Library, and never be sold individually or as a group. McLeod explained that the watercolors will have to be custom framed at an unknown cost. Brass tags identifying Mr. Erdle as the artist will be ordered and placed next to each painting. Vorel explained that, before acceptance of the donation, an agreement would be written to memorialize Ms. Giles stipulations. MOTION: Shelton made the motion to recommend to Council that the Board accept the donation from Ms. Giles of the six watercolors by Rob Erdle. Rowley seconded the motion and it carried with a vote of 5-0. Public Art: Donation of Artwork F. Amanda Addington, a Denton citizen, has offered to donate to the City of Denton several copies of artwork by the late Martha Robbins, an artist from the Denton area. McLeod brought the pieces to the meeting so the Board could see what was being offered, which are mainly drawings of various historic Denton buildings. Each piece will have to be framed but there was no stipulation put on the use of them. MOTION: Rowley made the motion to recommend to Council that the Board accept the donation from Ms. Addington of artwork by Martha Robbins. Shelton seconded the motion and it carried with a vote of 5-0. DISCUSSION ITEMS: 5. A.Update on the 2012- Vorel went to a budget meeting last Thursday, August 2, and wanted the Board to be aware of what has been proposed, although it does not have the final approval yet. Vorel thinks the Parks Department has done well with the things they requested for the next fiscal year, including: $50,000 for the Water Park/Natatorium needs. The structures are aging and additional funds are needed to make repairs. Additional staff hours were approved at the Water Park but they will be used to staff fee based programs so the revenue should cover their costs. $26,000 was allocated for Point of Sale hardware and software at the Water Works Park for next season. All the recreation centers will eventually be on this system which is more efficient and secure. A Recreation Specialist has been approved for hire at the Senior Center, effective January 1, 2013. The seniors petitioned for this position which is sorely needed due to the expansion and addition of a fitness area. We put in a request for all of the positions in Leisure Services that were cut in the 2005- 2006 fiscal year. It has been very difficult to function without enough personnel. We reallocated some funding to put a full-time manager at Denia. Park Maintenance asked for $136,000 in contract money to maintain mowing standards and received $75,000. TXDOT has backed away from some of the level of agreement to maintain highways, like Elm Street and Teasley. Park Maintenance will not mow airport property in the new fiscal year. We asked for temp/seasonal money to put a lifeguard at the top of the new slide at Civic Center Pool. It would cost $150,000 to replace the City owned tree spade. Since we are phasing out the City nursery, it will be sent to auction and a pick-up truck has been requested to offset the loss. The City will buy trees from nurseries rather than grow their own and any tree transplanting will be contracted. Gas well money was not used for the irrigation planned for this year due to rethinking and reengineering the plans, so we have requested to reallocate those funds: $85,000 For the TCEQ Phase III Dam Study at Lake Forest Park o The following are the recommended allocations for the 2012-2013 Parks Gas Well fund: $200,000 To upgrade the Golf Driving Range that the City will now operate o $100,000 Will be added to the funds to construct the soccer fields at North o Lakes $500,000 To purchase additional property at North Lakes Park o Vorel anticipates that the gas well revenue will be approximately $250,000 for fiscal year 2012-2013. OTHER BUSINESS: 6. A.Parks Department Projects Status Report Mays updated the Board on various projects on the list, including: Quakertown Park At Quakertown Park, they are working on the punch list items to complete the project. Mack Park The new picnic shelter is completed and we have been granted permission to remove the old structure. Denton Branch Rail Trail Bridge Project At the ground breaking ceremony held on June 28, 2012, the bridge was officially named the Dr. Martin Luther King, Jr. Pedestrian Crossing Bridge. McKamy-Evers-Cooper Creek Trail Bridge Parks is working with the rainage department to work out a problem with the location of the bridge. It was engineered to be in the drainage easement but it will need to be moved out of the easement. No further progress was made on this project. Owsley Park The shelter was built in time for the first week of the summer food program. The multipurpose court is finished, the concrete has been poured and the playground is almost complete. Wheeler Ridge The stone seating areas are completed and the granite chat is installed. The HOA would like to have an official opening for the park. North Lakes Adult Soccer Field Development Project Funding is now in place and a contract has been sent to the Razor representatives. Public Art Committee Meeting Minutes Draft for July 23, 2012 B.Vorel told the Board that most of the items have been covered as action items, but he will answer any additional concerns. Shade Structures Over Large Playgrounds C. Stukel said that he was contacted by CDBG to submit a grant proposal and wanted to know how much it would cost to put shade structures over the playgrounds, especially at Owsley Park. He also wanted to know the criteria for obtaining the grant and was told it was based on the socio-economic levels of the citizens living around the park, so Owsley and Quakertown Parks would probably qualify. When asked how long the umbrella would be expected to last, Vorel said a good quality umbrella could be expected to last 15-20 years. Mays pointed out that the seams are usually the first things to fail. Vorel said that there may be the opportunity to use CIP funding for those parks G grant money. 7.FUTURE AGENDA ITEMS: NONE With no further items on the agenda, Vice Chairperson Brantley asked for a motion to adjourn the meeting. Shelton made the motion to adjourn, Stukel seconded and the meeting adjourned at 7:18 p.m. AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT purchase a drawing by Coreen Mary Spellman from the Beuhler Fine Art Galley as public art for the City of Denton. The drawing, which will cost $900, is pursuant to the City of Denton Public Art policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues previously authorized and encumbered for expenditure to such purposes; and declaring an effective date. The Parks, Recreation and Beautification Board recommend approval with a vote of 5-0. BACKGROUND On April 18, 2006, City Council established and appointed a Public Art Committee that serves in an advisory capacity to the Parks, Recreation and Beautification Board. This Public Art Committee, established by separate ordinance, will make recommendations on the: Commissioning, placing, and installing of public art Implementation of funding mechanism(s) for public art Effective and efficient management of public art Ongoing maintenance of public art Accessioning, deaccessioning and resiting of public art The Spellman drawing is of a female figure sitting in a chair reading a book. Ms. Spellman attended and was on the faculty. She is considered to be one of the most popular artists from Denton. The Public Art Committee intends to continue to add historical pieces of art pertinent to Denton ection. RECOMMENDATION Staff recommends City Council approve artist female figure as public art for the City of Denton. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Art Committee made recommendation of artist selection on August 2, 2012. Parks, Recreation and Beautification Board made recommendation of artist selection on August 6, 2012. Agenda Information Sheet August 21, 2012 Page 2 FISCAL INFORMATION The Spellman drawing is to be purchased from the Beuhler Fine Arts Galley at the cost of $900 and is funded from 2011-12 HOT Funds. EXHIBITS 1.Public Art Committee Meeting Minutes of August 2, 2012 2.Parks, Recreation and Beautification Board Meeting Minutes of August 6, 2012 3.Illustration of the Spellman drawing Respectfully submitted: Emerson Vorel Director Submitted by: Janie McLeod Community Events Coordinator DRAFT PUBLIC ART COMMITTEE MINUTES AUGUST 2, 2012 CALLED MEETING Members present: Joy Siegmund, Jack Davis, Robyn Lee, Carol Phillips and Carol Collins Members absent: Jo Williams, Nancy Walkup and Billie Mohair Ex Officio present: Margaret Chalfant Staff present: Janie McLeod CALL TO ORDER . Vice Chair Davis called the meeting to order at 4:30 p.m. CONSIDER APPROVAL OF THE PUBLIC ART COMMITTEE MINUTES FOR: July 23, 2012. Lee made a motion to approve the minutes and Phillips seconded the motion. The motion passed 5-0. ACTION ITEMS: Purchase Historical Pieces of Art Pertinent to Denton with HOT Funds. Davis said the subcommittee met and recommended three pieces of historical art pertinent to Denton be purchased. The pieces are: a figure drawing by Coreen Mary Spellman from the Beuhler Fine Art Gallery, a lithograph by Spellman, and a cast stone sculpture by artist Octavio Medellin from the Russell Tether Fine Art Gallery. The figure drawing by Spellman would cost $900 and Paul Beuhler, the art dealer, said the art is in excellent condition and is framed. The art measures hler will pay for the shipping of the artwork from San Antonio. The Slide lithography was valued $1,200 but the David Dike Fine Art Gallery offered the piece at a reduced price of $750 after negotiations with Davis. is archival matted. artists from Denton. The cast stone sculpture by Medellin is valued at $8,500 but offered to the City of Denton art collection for $5,000. Medellin came to the United States from Mexico and was on the UNT faculty. Medellin completed the sculpture in 1940. The scu McLeod said there are funds available to purchase a base to display the sculpture. Lighting for the sculpture will not be needed. The sculpture will be purchased from the Russell Tether Fine Art Gallery in Dallas. The dealer will deliver the art and work with staff on securing an appropriate pedestal for the sculpture. Davis commented that some artists that the PAC might want to consider for the city collection are: Ethel Brizac, Tony LaSalle and Marie Delaney. ACTION: Collins made a motion to approve the three purchases and Phillips seconded the motion. The motion passed with a vote of 5-0. DISCUSSION ITEMS: Public Art Dedication andBook Sale. McLeod said the book will not be sold at the city libraries as originally anticipated. The books will be available at The Center for Visual Arts during the th. th book signing and until Sept. 10 After Sept 10, the book(s) can be purchased on-line through ooks can be picked up at the warehouse. McLeod said plans for the book signing event are progressing and that the artists not be able to attend the book signing have come by and signed copies of the books. Chalfant brought some posters promoting the exhibit and book signing to share with the committee. There being no further business, the meeting adjourned at 4:55 p.m. DRAFT Parks, Recreation and Beautification Board Minutes August 6, 2012 Civic Center Community Room Members present : Carol Brantley, Vicki Byrd, Dave Rowley; Janet Shelton, Russ Stukel Members absent: Alex Lieban, Derrick Murray Staff present: Emerson Vorel, Mary Aukerman, Jim Mays, Janie McLeod REGULAR MEETING 1.CALL TO ORDER Vice Chairman Brantley called the meeting to order at 6:01 p.m. 2.APPROVAL OF MINUTES OF July 2, 2012 MEETING: Rowley made a motionto approve the minutes as written, Shelton seconded and the motion carried with a vote of 5-0. 3.AWARDS AND RECOGNITIONS: Vorel presented a plaque to Carol Brantley for her dedicated service on the Parks, Recreation and Beautification Board from 2006 thru 2012, the maximum that a member can serve consecutively. Carol will continue to serve until a new member is appointed. 4.ACTION ITEMS: Public Art Project: Select Artist for the Outdoor Art at the Entranceway to the Denton A. Municipal Airport McLeod told the Board that the Public Art Committee sought proposals for a sculpture at the new entrance to the Denton Municipal Airport. The era pilot gripping a propeller that will be cast in bronze. When asked how many proposals were submitted, McLeod said there were 7 or 8 but not all seemed to meet the criteria that -military person with an impressive history and pieces of art in many galleries throughout the country. MOTION: Stukel made the motion to recommend to Council that the Board approve the constructed entrance to the Denton Municipal Airport. Byrd seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Sculpture of Octavio Medellin B. McLeod told the Board that the Public Art Committee is requesting approval to purchase a sculpture by Mr. Octavio Medellin, a former faculty member of UNT, with part of the remainder of 2011-2012 HOT Funds. Mr. Medellin was recommended by Dr. D. Jack Davis, a Public Art Committee member and a former dean of the UNT School of Visual Arts, who is well acquainted with his work and its significance to the Denton community. Mr. Medellin came to the United States, during World War II when a UNT teacher recruited students from Mexico to attend UNT. Mr. Medellin died in 1999. Although the exact location for the sculpture has not as yet been determined, the committee would like to see it placed in the foyer of City Hall. A base or pedestal for the sculpture will also be purchased with HOT Funds. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the sculpture by Octavio Medellin for $5,000. Byrd seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Framed Lithograph by Coreen Spellman C. McLeod told the Board that the Public Art Committee is requesting approval to use some of the remaining 2011-2012 HOT Funds to purchase a lithograph of children playing on a slide by Coreen of the Public Art Committee, was able to get the original sale price of $1,200 reduced to $750. Ms. Spellman is a well known artist from the Denton area. McLeod stated that the piece is framed but the glass will have to be replaced with UV glass. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the lithograph by Coreen Spellman for $750 using 2011-2012 HOT Funds. Stukel seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Framed Drawing by Coreen Spellman D. McLeod told the Board that the Public Art Committee is requesting approval to use some of the remaining 2011- 2012 HOT Funds to purchase a drawing of a female figure reading a book by Coreen Denton art community. The cost of the piece is $900. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the framed drawing by Coreen Spellman for $900 using 2011-2012 HOT Funds. Stukel seconded the motion and it carried with a vote of 5-0. E. offered to donate to the City of Denton six additional watercolors by Mr. Erdle valued at $4,080, with the stipulation that they be displayed with the other two watercolors she previously donated, which now hang in the South Branch Library, and never be sold individually or as a group. McLeod explained that the watercolors will have to be custom framed at an unknown cost. Brass tags identifying Mr. Erdle as the artist will be ordered and placed next to each painting. Vorel explained that, before acceptance of the donation, an agreement would be written to memorialize Ms. Giles stipulations. MOTION: Shelton made the motion to recommend to Council that the Board accept the donation from Ms. Giles of the six watercolors by Rob Erdle. Rowley seconded the motion and it carried with a vote of 5-0. Public Art: Donation of Artwork F. Amanda Addington, a Denton citizen, has offered to donate to the City of Denton several copies of artwork by the late Martha Robbins, an artist from the Denton area. McLeod brought the pieces to the meeting so the Board could see what was being offered, which are mainly drawings of various historic Denton buildings. Each piece will have to be framed but there was no stipulation put on the use of them. MOTION: Rowley made the motion to recommend to Council that the Board accept the donation from Ms. Addington of artwork by Martha Robbins. Shelton seconded the motion and it carried with a vote of 5-0. DISCUSSION ITEMS: 5. A.Update on the 2012- Vorel went to a budget meeting last Thursday, August 2, and wanted the Board to be aware of what has been proposed, although it does not have the final approval yet. Vorel thinks the Parks Department has done well with the things they requested for the next fiscal year, including: $50,000 for the Water Park/Natatorium needs. The structures are aging and additional funds are needed to make repairs. Additional staff hours were approved at the Water Park but they will be used to staff fee based programs so the revenue should cover their costs. $26,000 was allocated for Point of Sale hardware and software at the Water Works Park for next season. All the recreation centers will eventually be on this system which is more efficient and secure. A Recreation Specialist has been approved for hire at the Senior Center, effective January 1, 2013. The seniors petitioned for this position which is sorely needed due to the expansion and addition of a fitness area. We put in a request for all of the positions in Leisure Services that were cut in the 2005- 2006 fiscal year. It has been very difficult to function without enough personnel. We reallocated some funding to put a full-time manager at Denia. Park Maintenance asked for $136,000 in contract money to maintain mowing standards and received $75,000. TXDOT has backed away from some of the level of agreement to maintain highways, like Elm Street and Teasley. Park Maintenance will not mow airport property in the new fiscal year. We asked for temp/seasonal money to put a lifeguard at the top of the new slide at Civic Center Pool. It would cost $150,000 to replace the City owned tree spade. Since we are phasing out the City nursery, it will be sent to auction and a pick-up truck has been requested to offset the loss. The City will buy trees from nurseries rather than grow their own and any tree transplanting will be contracted. Gas well money was not used for the irrigation planned for this year due to rethinking and reengineering the plans, so we have requested to reallocate those funds: $85,000 For the TCEQ Phase III Dam Study at Lake Forest Park o The following are the recommended allocations for the 2012-2013 Parks Gas Well fund: $200,000 To upgrade the Golf Driving Range that the City will now operate o $100,000 Will be added to the funds to construct the soccer fields at North o Lakes $500,000 To purchase additional property at North Lakes Park o Vorel anticipates that the gas well revenue will be approximately $250,000 for fiscal year 2012-2013. OTHER BUSINESS: 6. A.Parks Department Projects Status Report Mays updated the Board on various projects on the list, including: Quakertown Park At Quakertown Park, they are working on the punch list items to complete the project. Mack Park The new picnic shelter is completed and we have been granted permission to remove the old structure. Denton Branch Rail Trail Bridge Project At the ground breaking ceremony held on June 28, 2012, the bridge was officially named the Dr. Martin Luther King, Jr. Pedestrian Crossing Bridge. McKamy-Evers-Cooper Creek Trail Bridge Parks is working with the rainage department to work out a problem with the location of the bridge. It was engineered to be in the drainage easement but it will need to be moved out of the easement. No further progress was made on this project. Owsley Park The shelter was built in time for the first week of the summer food program. The multipurpose court is finished, the concrete has been poured and the playground is almost complete. Wheeler Ridge The stone seating areas are completed and the granite chat is installed. The HOA would like to have an official opening for the park. North Lakes Adult Soccer Field Development Project Funding is now in place and a contract has been sent to the Razor representatives. Public Art Committee Meeting Minutes Draft for July 23, 2012 B.Vorel told the Board that most of the items have been covered as action items, but he will answer any additional concerns. Shade Structures Over Large Playgrounds C. Stukel said that he was contacted by CDBG to submit a grant proposal and wanted to know how much it would cost to put shade structures over the playgrounds, especially at Owsley Park. He also wanted to know the criteria for obtaining the grant and was told it was based on the socio-economic levels of the citizens living around the park, so Owsley and Quakertown Parks would probably qualify. When asked how long the umbrella would be expected to last, Vorel said a good quality umbrella could be expected to last 15-20 years. Mays pointed out that the seams are usually the first things to fail. Vorel said that there may be the opportunity to use CIP funding for those parks G grant money. 7.FUTURE AGENDA ITEMS: NONE With no further items on the agenda, Vice Chairperson Brantley asked for a motion to adjourn the meeting. Shelton made the motion to adjourn, Stukel seconded and the meeting adjourned at 7:18 p.m. Drawing by Coreen Spellman AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT purchase a lithograph, The Slide, by Coreen Mary Spellman from the David Dike Fine Arts Galley as public art for the City of Denton. The lithograph, which will cost $750, is pursuant to the City of Denton Public Art policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues previously authorized and encumbered for expenditure to such purposes; and declaring an effective date. The Parks, Recreation and Beautification Board recommend approval with a vote of 5-0. BACKGROUND On April 18, 2006, City Council established and appointed a Public Art Committee that serves in an advisory capacity to the Parks, Recreation and Beautification Board. This Public Art Committee, established by separate ordinance, will make recommendations on the: Commissioning, placing, and installing of public art Implementation of funding mechanism(s) for public art Effective and efficient management of public art Ongoing maintenance of public art Accessioning, deaccessioning and resiting of public art The Spellman lithograph is of children playing on a slide. Ms. Spellman attended and was a faculty member of , and is considered to be one of the most popular artists from Denton. A lithograph is a method for printing using a stone or a metal plate with a completely smooth surface and can be used to print text or artwork onto paper or other suitable material. Lithography originally used an image drawn (etched) into a coating of wax or an oily substance applied to a plate of lithographic stone as the medium to transfer ink to a blank paper sheet, and so produce a printed page. Each produced piece of art is considered to be an original. The Public Art Committee intends to continue to add historical pieces of art pertinent to Denton RECOMMENDATION Staff recommends City Council approve of children playing on a slide as public art for the City of Denton. Agenda Information Sheet August 21, 2012 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Art Committee made recommendation of artist selection on August 2, 2012. Parks, Recreation and Beautification Board made recommendation of artist selection on August 6, 2012. FISCAL INFORMATION The Spellman drawing purchased from the Beuhler Fine Arts Galley will cost $750 and is funded from 2011-12 HOT Funds. EXHIBITS 1.Public Art Committee Meeting Minutes of August 2, 2012 2.Parks, Recreation and Beautification Board Meeting Minutes of August 6, 2012 3.Illustration of The Slide Respectfully submitted: Emerson Vorel Director Submitted by: Janie McLeod Community Events Coordinator DRAFT PUBLIC ART COMMITTEE MINUTES AUGUST 2, 2012 CALLED MEETING Members present: Joy Siegmund, Jack Davis, Robyn Lee, Carol Phillips and Carol Collins Members absent: Jo Williams, Nancy Walkup and Billie Mohair Ex Officio present: Margaret Chalfant Staff present: Janie McLeod CALL TO ORDER . Vice Chair Davis called the meeting to order at 4:30 p.m. CONSIDER APPROVAL OF THE PUBLIC ART COMMITTEE MINUTES FOR: July 23, 2012. Lee made a motion to approve the minutes and Phillips seconded the motion. The motion passed 5-0. ACTION ITEMS: Purchase Historical Pieces of Art Pertinent to Denton with HOT Funds. Davis said the subcommittee met and recommended three pieces of historical art pertinent to Denton be purchased. The pieces are: a figure drawing by Coreen Mary Spellman from the Beuhler Fine Art Gallery, a lithograph by Spellman, and a cast stone sculpture by artist Octavio Medellin from the Russell Tether Fine Art Gallery. The figure drawing by Spellman would cost $900 and Paul Beuhler, the art dealer, said the art is in excellent condition and is framed. The art measures hler will pay for the shipping of the artwork from San Antonio. The Slide lithography was valued $1,200 but the David Dike Fine Art Gallery offered the piece at a reduced price of $750 after negotiations with Davis. is archival matted. artists from Denton. The cast stone sculpture by Medellin is valued at $8,500 but offered to the City of Denton art collection for $5,000. Medellin came to the United States from Mexico and was on the UNT faculty. Medellin completed the sculpture in 1940. The scu McLeod said there are funds available to purchase a base to display the sculpture. Lighting for the sculpture will not be needed. The sculpture will be purchased from the Russell Tether Fine Art Gallery in Dallas. The dealer will deliver the art and work with staff on securing an appropriate pedestal for the sculpture. Davis commented that some artists that the PAC might want to consider for the city collection are: Ethel Brizac, Tony LaSalle and Marie Delaney. ACTION: Collins made a motion to approve the three purchases and Phillips seconded the motion. The motion passed with a vote of 5-0. DISCUSSION ITEMS: Public Art Dedication andBook Sale. McLeod said the book will not be sold at the city libraries as originally anticipated. The books will be available at The Center for Visual Arts during the th. th book signing and until Sept. 10 After Sept 10, the book(s) can be purchased on-line through ooks can be picked up at the warehouse. McLeod said plans for the book signing event are progressing and that the artists not be able to attend the book signing have come by and signed copies of the books. Chalfant brought some posters promoting the exhibit and book signing to share with the committee. There being no further business, the meeting adjourned at 4:55 p.m. DRAFT Parks, Recreation and Beautification Board Minutes August 6, 2012 Civic Center Community Room Members present : Carol Brantley, Vicki Byrd, Dave Rowley; Janet Shelton, Russ Stukel Members absent: Alex Lieban, Derrick Murray Staff present: Emerson Vorel, Mary Aukerman, Jim Mays, Janie McLeod REGULAR MEETING 1.CALL TO ORDER Vice Chairman Brantley called the meeting to order at 6:01 p.m. 2.APPROVAL OF MINUTES OF July 2, 2012 MEETING: Rowley made a motionto approve the minutes as written, Shelton seconded and the motion carried with a vote of 5-0. 3.AWARDS AND RECOGNITIONS: Vorel presented a plaque to Carol Brantley for her dedicated service on the Parks, Recreation and Beautification Board from 2006 thru 2012, the maximum that a member can serve consecutively. Carol will continue to serve until a new member is appointed. 4.ACTION ITEMS: Public Art Project: Select Artist for the Outdoor Art at the Entranceway to the Denton A. Municipal Airport McLeod told the Board that the Public Art Committee sought proposals for a sculpture at the new entrance to the Denton Municipal Airport. The era pilot gripping a propeller that will be cast in bronze. When asked how many proposals were submitted, McLeod said there were 7 or 8 but not all seemed to meet the criteria that -military person with an impressive history and pieces of art in many galleries throughout the country. MOTION: Stukel made the motion to recommend to Council that the Board approve the constructed entrance to the Denton Municipal Airport. Byrd seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Sculpture of Octavio Medellin B. McLeod told the Board that the Public Art Committee is requesting approval to purchase a sculpture by Mr. Octavio Medellin, a former faculty member of UNT, with part of the remainder of 2011-2012 HOT Funds. Mr. Medellin was recommended by Dr. D. Jack Davis, a Public Art Committee member and a former dean of the UNT School of Visual Arts, who is well acquainted with his work and its significance to the Denton community. Mr. Medellin came to the United States, during World War II when a UNT teacher recruited students from Mexico to attend UNT. Mr. Medellin died in 1999. Although the exact location for the sculpture has not as yet been determined, the committee would like to see it placed in the foyer of City Hall. A base or pedestal for the sculpture will also be purchased with HOT Funds. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the sculpture by Octavio Medellin for $5,000. Byrd seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Framed Lithograph by Coreen Spellman C. McLeod told the Board that the Public Art Committee is requesting approval to use some of the remaining 2011-2012 HOT Funds to purchase a lithograph of children playing on a slide by Coreen of the Public Art Committee, was able to get the original sale price of $1,200 reduced to $750. Ms. Spellman is a well known artist from the Denton area. McLeod stated that the piece is framed but the glass will have to be replaced with UV glass. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the lithograph by Coreen Spellman for $750 using 2011-2012 HOT Funds. Stukel seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Framed Drawing by Coreen Spellman D. McLeod told the Board that the Public Art Committee is requesting approval to use some of the remaining 2011- 2012 HOT Funds to purchase a drawing of a female figure reading a book by Coreen Denton art community. The cost of the piece is $900. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the framed drawing by Coreen Spellman for $900 using 2011-2012 HOT Funds. Stukel seconded the motion and it carried with a vote of 5-0. E. offered to donate to the City of Denton six additional watercolors by Mr. Erdle valued at $4,080, with the stipulation that they be displayed with the other two watercolors she previously donated, which now hang in the South Branch Library, and never be sold individually or as a group. McLeod explained that the watercolors will have to be custom framed at an unknown cost. Brass tags identifying Mr. Erdle as the artist will be ordered and placed next to each painting. Vorel explained that, before acceptance of the donation, an agreement would be written to memorialize Ms. Giles stipulations. MOTION: Shelton made the motion to recommend to Council that the Board accept the donation from Ms. Giles of the six watercolors by Rob Erdle. Rowley seconded the motion and it carried with a vote of 5-0. Public Art: Donation of Artwork F. Amanda Addington, a Denton citizen, has offered to donate to the City of Denton several copies of artwork by the late Martha Robbins, an artist from the Denton area. McLeod brought the pieces to the meeting so the Board could see what was being offered, which are mainly drawings of various historic Denton buildings. Each piece will have to be framed but there was no stipulation put on the use of them. MOTION: Rowley made the motion to recommend to Council that the Board accept the donation from Ms. Addington of artwork by Martha Robbins. Shelton seconded the motion and it carried with a vote of 5-0. DISCUSSION ITEMS: 5. A.Update on the 2012- Vorel went to a budget meeting last Thursday, August 2, and wanted the Board to be aware of what has been proposed, although it does not have the final approval yet. Vorel thinks the Parks Department has done well with the things they requested for the next fiscal year, including: $50,000 for the Water Park/Natatorium needs. The structures are aging and additional funds are needed to make repairs. Additional staff hours were approved at the Water Park but they will be used to staff fee based programs so the revenue should cover their costs. $26,000 was allocated for Point of Sale hardware and software at the Water Works Park for next season. All the recreation centers will eventually be on this system which is more efficient and secure. A Recreation Specialist has been approved for hire at the Senior Center, effective January 1, 2013. The seniors petitioned for this position which is sorely needed due to the expansion and addition of a fitness area. We put in a request for all of the positions in Leisure Services that were cut in the 2005- 2006 fiscal year. It has been very difficult to function without enough personnel. We reallocated some funding to put a full-time manager at Denia. Park Maintenance asked for $136,000 in contract money to maintain mowing standards and received $75,000. TXDOT has backed away from some of the level of agreement to maintain highways, like Elm Street and Teasley. Park Maintenance will not mow airport property in the new fiscal year. We asked for temp/seasonal money to put a lifeguard at the top of the new slide at Civic Center Pool. It would cost $150,000 to replace the City owned tree spade. Since we are phasing out the City nursery, it will be sent to auction and a pick-up truck has been requested to offset the loss. The City will buy trees from nurseries rather than grow their own and any tree transplanting will be contracted. Gas well money was not used for the irrigation planned for this year due to rethinking and reengineering the plans, so we have requested to reallocate those funds: $85,000 For the TCEQ Phase III Dam Study at Lake Forest Park o The following are the recommended allocations for the 2012-2013 Parks Gas Well fund: $200,000 To upgrade the Golf Driving Range that the City will now operate o $100,000 Will be added to the funds to construct the soccer fields at North o Lakes $500,000 To purchase additional property at North Lakes Park o Vorel anticipates that the gas well revenue will be approximately $250,000 for fiscal year 2012-2013. OTHER BUSINESS: 6. A.Parks Department Projects Status Report Mays updated the Board on various projects on the list, including: Quakertown Park At Quakertown Park, they are working on the punch list items to complete the project. Mack Park The new picnic shelter is completed and we have been granted permission to remove the old structure. Denton Branch Rail Trail Bridge Project At the ground breaking ceremony held on June 28, 2012, the bridge was officially named the Dr. Martin Luther King, Jr. Pedestrian Crossing Bridge. McKamy-Evers-Cooper Creek Trail Bridge Parks is working with the rainage department to work out a problem with the location of the bridge. It was engineered to be in the drainage easement but it will need to be moved out of the easement. No further progress was made on this project. Owsley Park The shelter was built in time for the first week of the summer food program. The multipurpose court is finished, the concrete has been poured and the playground is almost complete. Wheeler Ridge The stone seating areas are completed and the granite chat is installed. The HOA would like to have an official opening for the park. North Lakes Adult Soccer Field Development Project Funding is now in place and a contract has been sent to the Razor representatives. Public Art Committee Meeting Minutes Draft for July 23, 2012 B.Vorel told the Board that most of the items have been covered as action items, but he will answer any additional concerns. Shade Structures Over Large Playgrounds C. Stukel said that he was contacted by CDBG to submit a grant proposal and wanted to know how much it would cost to put shade structures over the playgrounds, especially at Owsley Park. He also wanted to know the criteria for obtaining the grant and was told it was based on the socio-economic levels of the citizens living around the park, so Owsley and Quakertown Parks would probably qualify. When asked how long the umbrella would be expected to last, Vorel said a good quality umbrella could be expected to last 15-20 years. Mays pointed out that the seams are usually the first things to fail. Vorel said that there may be the opportunity to use CIP funding for those parks G grant money. 7.FUTURE AGENDA ITEMS: NONE With no further items on the agenda, Vice Chairperson Brantley asked for a motion to adjourn the meeting. Shelton made the motion to adjourn, Stukel seconded and the meeting adjourned at 7:18 p.m. AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider approving the acceptance of copies of art by Martha Robbins donated by Amanda Addington as public art; pursuant to the City of The Parks, Recreation and Beautification Board recommend approval with a vote of 5-0. BACKGROUND Ms. Addington has offered to donate several copies of artwork by the late Martha Robbins. The art, to be displayed in the Civic Center and other city facilities, is of historical buildings and homes located in Denton, such as: the Wright Opera House, the Old Police Administration building, Evers the Denton skyline, and the County Courthouse. RECOMMENDATION Staff recommends that City Council approve to accept donation of public art to the City of Denton. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Art Committee made recommendation to accept the donation on March 8, 2012. Parks, Recreation and Beautification Board made recommendation to accept the donation on August 6, 2012. EXHIBITS 1.Public Art Committee Meeting Minutes of March 8, 2012 2.Parks, Recreation and Beautification Board Meeting Minutes of August 6, 2012 3.Photographs of Martha Robbins artwork Respectfully submitted: Emerson Vorel, Director Submitted by: Janie McLeod Community Events Coordinator DRAFT PUBLIC ART COMMITTEE MINUTES March 8, 2012 Members present: Jo Williams, Carol Collins, Joy Siegmund, Billie Mohair, Robyn Lee and Nancy Walkup. Members absent: Jack Davis and Carol Phillips. Ex Officio present: Margaret Chalfant. Staff present: Janie McLeod and Emerson Vorel. Chair Williams called the meeting to order at 4:11 p.m. at the Denton Civic Center. OATH OF OFFICE The oath of office was given to Nancy Walkup. CONSIDER APPROVAL OF THE PUBLIC ART COMMITTEE MINUTES FOR: JANUARY 12 AND FEBRUARY 9, 2012. Lee made a motion to approve the January 12 minutes and Siegmund seconded the motion. It was passed by a unanimous vote. Lee made a motion to approve the February 9th minutes and was seconded by Mohair. The motion was passed by a unanimous vote. ACTION ITEMS Donation of Art Walkup made a motion to accept several prints of art works by Martha Robbins donated by Amanda Addington. The art is to be hung in the Civic Center and other city buildings. Collins seconded the motion and it was approved by a unanimous vote of 5-0. Expenditure of HOT Funds McLeod reviewed the balance of the remaining 2010-11 HOT Funds. Siegmund made a motion that the following recommendations be made to the HOT Fund Committee and Walkup seconded the motion. It passed with a 5-0 vote. $6,300 Estimated cost to purchase frames for donated art works for the South Branch Library, by local artist Rob Erdle, and art donated for the Civic Center and other city buildings. $5,000 Estimated cost for info and placed on the City website. $1,500 Estimated cost for 100 name plates to identify the public art on display in city facilities. $ 310 Estimated cost to purchase a pedestal and cover to properly display a bronze sculpture by George Cadell. The City owned sculpture is currently located on a coffee table in the Utilities Administration office. The art would be showcased similar to other art work in City Hall. $1,100 Outdoor lights for the newly commissioned mural on the side of the Center for Visual Arts. $1,500 Increase marketing budget to promote the public art book in the Texas Highways Magazine. This will increase the marketing budget from $1,000 to $2,500. $ 360 Emily Fowler Library staff has requested a plaque to identify an outdoor sculpture located in front of the Library. Balance Used to purchase historical pieces of art pertinent to Denton similar to the black and white photographs that were purchased in the past. Marketing of Public Art Book McLeod said that an increase in the marketing funds would allow for advertising in the Texas Highways Magazine for three months prior to the dedication of the book. The book dedication will coincide with the Greater Denton Arts Laureate Conference. The total cost for the three 1/6 page ads is $5,217. The Greater Denton Arts Council has agreed to partner with the PAC and pay for ½ of the advertising costs if HOT funds are reallocated to cover the PAC portion of the total costs. DISCUSSION ITEMS: Status of Public Art Book McLeod said the book was on the final proof and would be sent to the printers in the next few days. Bond Election Committee Chalfant said she had been approached by individuals and council members regarding 2 - 4% of the CIP Bond Funds to be allocated to Public Art. She told the Committee that 24 cities where surveyed when the policy was developed and the percentage averaged between 2 - 4% for capital improvement projects to be allocated to art. She said the funds could be used in conjunction with the street projects for beautification of the roadways and entranceways to the city. Vorel said that if 2% of the bond funds were applied to public art it could total approximately $400,000 over a five-year time period of the bonds. Vorel said it is possible that a recommendation could be made for the percentage of the bond funds are to reduce to 1% rather than the 2 - 4% for public art. promote Denton and increase economic development and tourism. Chalfant was asked to develop some talking points for the committee to share with others. She reminded the PAC that HOT Funds are not always guaranteed funds. Vorel said that the City Council members are recruiting members for the CIP Bond Committee and if anyone was interested they should contact the City Secretary or their council member. Williams said she would contact the City Secretary and express her interest in serving. There being no further business, the meeting adjourned at 5:38 p.m. DRAFT Parks, Recreation and Beautification Board Minutes August 6, 2012 Civic Center Community Room Members present : Carol Brantley, Vicki Byrd, Dave Rowley; Janet Shelton, Russ Stukel Members absent: Alex Lieban, Derrick Murray Staff present: Emerson Vorel, Mary Aukerman, Jim Mays, Janie McLeod REGULAR MEETING 1.CALL TO ORDER Vice Chairman Brantley called the meeting to order at 6:01 p.m. 2.APPROVAL OF MINUTES OF July 2, 2012 MEETING: Rowley made a motionto approve the minutes as written, Shelton seconded and the motion carried with a vote of 5-0. 3.AWARDS AND RECOGNITIONS: Vorel presented a plaque to Carol Brantley for her dedicated service on the Parks, Recreation and Beautification Board from 2006 thru 2012, the maximum that a member can serve consecutively. Carol will continue to serve until a new member is appointed. 4.ACTION ITEMS: Public Art Project: Select Artist for the Outdoor Art at the Entranceway to the Denton A. Municipal Airport McLeod told the Board that the Public Art Committee sought proposals for a sculpture at the new entrance to the Denton Municipal Airport. The era pilot gripping a propeller that will be cast in bronze. When asked how many proposals were submitted, McLeod said there were 7 or 8 but not all seemed to meet the criteria that -military person with an impressive history and pieces of art in many galleries throughout the country. MOTION: Stukel made the motion to recommend to Council that the Board approve the constructed entrance to the Denton Municipal Airport. Byrd seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Sculpture of Octavio Medellin B. McLeod told the Board that the Public Art Committee is requesting approval to purchase a sculpture by Mr. Octavio Medellin, a former faculty member of UNT, with part of the remainder of 2011-2012 HOT Funds. Mr. Medellin was recommended by Dr. D. Jack Davis, a Public Art Committee member and a former dean of the UNT School of Visual Arts, who is well acquainted with his work and its significance to the Denton community. Mr. Medellin came to the United States, during World War II when a UNT teacher recruited students from Mexico to attend UNT. Mr. Medellin died in 1999. Although the exact location for the sculpture has not as yet been determined, the committee would like to see it placed in the foyer of City Hall. A base or pedestal for the sculpture will also be purchased with HOT Funds. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the sculpture by Octavio Medellin for $5,000. Byrd seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Framed Lithograph by Coreen Spellman C. McLeod told the Board that the Public Art Committee is requesting approval to use some of the remaining 2011-2012 HOT Funds to purchase a lithograph of children playing on a slide by Coreen of the Public Art Committee, was able to get the original sale price of $1,200 reduced to $750. Ms. Spellman is a well known artist from the Denton area. McLeod stated that the piece is framed but the glass will have to be replaced with UV glass. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the lithograph by Coreen Spellman for $750 using 2011-2012 HOT Funds. Stukel seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Framed Drawing by Coreen Spellman D. McLeod told the Board that the Public Art Committee is requesting approval to use some of the remaining 2011- 2012 HOT Funds to purchase a drawing of a female figure reading a book by Coreen Denton art community. The cost of the piece is $900. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the framed drawing by Coreen Spellman for $900 using 2011-2012 HOT Funds. Stukel seconded the motion and it carried with a vote of 5-0. E. offered to donate to the City of Denton six additional watercolors by Mr. Erdle valued at $4,080, with the stipulation that they be displayed with the other two watercolors she previously donated, which now hang in the South Branch Library, and never be sold individually or as a group. McLeod explained that the watercolors will have to be custom framed at an unknown cost. Brass tags identifying Mr. Erdle as the artist will be ordered and placed next to each painting. Vorel explained that, before acceptance of the donation, an agreement would be written to memorialize Ms. Giles stipulations. MOTION: Shelton made the motion to recommend to Council that the Board accept the donation from Ms. Giles of the six watercolors by Rob Erdle. Rowley seconded the motion and it carried with a vote of 5-0. Public Art: Donation of Artwork F. Amanda Addington, a Denton citizen, has offered to donate to the City of Denton several copies of artwork by the late Martha Robbins, an artist from the Denton area. McLeod brought the pieces to the meeting so the Board could see what was being offered, which are mainly drawings of various historic Denton buildings. Each piece will have to be framed but there was no stipulation put on the use of them. MOTION: Rowley made the motion to recommend to Council that the Board accept the donation from Ms. Addington of artwork by Martha Robbins. Shelton seconded the motion and it carried with a vote of 5-0. DISCUSSION ITEMS: 5. A.Update on the 2012- Vorel went to a budget meeting last Thursday, August 2, and wanted the Board to be aware of what has been proposed, although it does not have the final approval yet. Vorel thinks the Parks Department has done well with the things they requested for the next fiscal year, including: $50,000 for the Water Park/Natatorium needs. The structures are aging and additional funds are needed to make repairs. Additional staff hours were approved at the Water Park but they will be used to staff fee based programs so the revenue should cover their costs. $26,000 was allocated for Point of Sale hardware and software at the Water Works Park for next season. All the recreation centers will eventually be on this system which is more efficient and secure. A Recreation Specialist has been approved for hire at the Senior Center, effective January 1, 2013. The seniors petitioned for this position which is sorely needed due to the expansion and addition of a fitness area. We put in a request for all of the positions in Leisure Services that were cut in the 2005- 2006 fiscal year. It has been very difficult to function without enough personnel. We reallocated some funding to put a full-time manager at Denia. Park Maintenance asked for $136,000 in contract money to maintain mowing standards and received $75,000. TXDOT has backed away from some of the level of agreement to maintain highways, like Elm Street and Teasley. Park Maintenance will not mow airport property in the new fiscal year. We asked for temp/seasonal money to put a lifeguard at the top of the new slide at Civic Center Pool. It would cost $150,000 to replace the City owned tree spade. Since we are phasing out the City nursery, it will be sent to auction and a pick-up truck has been requested to offset the loss. The City will buy trees from nurseries rather than grow their own and any tree transplanting will be contracted. Gas well money was not used for the irrigation planned for this year due to rethinking and reengineering the plans, so we have requested to reallocate those funds: $85,000 For the TCEQ Phase III Dam Study at Lake Forest Park o The following are the recommended allocations for the 2012-2013 Parks Gas Well fund: $200,000 To upgrade the Golf Driving Range that the City will now operate o $100,000 Will be added to the funds to construct the soccer fields at North o Lakes $500,000 To purchase additional property at North Lakes Park o Vorel anticipates that the gas well revenue will be approximately $250,000 for fiscal year 2012-2013. OTHER BUSINESS: 6. A.Parks Department Projects Status Report Mays updated the Board on various projects on the list, including: Quakertown Park At Quakertown Park, they are working on the punch list items to complete the project. Mack Park The new picnic shelter is completed and we have been granted permission to remove the old structure. Denton Branch Rail Trail Bridge Project At the ground breaking ceremony held on June 28, 2012, the bridge was officially named the Dr. Martin Luther King, Jr. Pedestrian Crossing Bridge. McKamy-Evers-Cooper Creek Trail Bridge Parks is working with the rainage department to work out a problem with the location of the bridge. It was engineered to be in the drainage easement but it will need to be moved out of the easement. No further progress was made on this project. Owsley Park The shelter was built in time for the first week of the summer food program. The multipurpose court is finished, the concrete has been poured and the playground is almost complete. Wheeler Ridge The stone seating areas are completed and the granite chat is installed. The HOA would like to have an official opening for the park. North Lakes Adult Soccer Field Development Project Funding is now in place and a contract has been sent to the Razor representatives. Public Art Committee Meeting Minutes Draft for July 23, 2012 B.Vorel told the Board that most of the items have been covered as action items, but he will answer any additional concerns. Shade Structures Over Large Playgrounds C. Stukel said that he was contacted by CDBG to submit a grant proposal and wanted to know how much it would cost to put shade structures over the playgrounds, especially at Owsley Park. He also wanted to know the criteria for obtaining the grant and was told it was based on the socio-economic levels of the citizens living around the park, so Owsley and Quakertown Parks would probably qualify. When asked how long the umbrella would be expected to last, Vorel said a good quality umbrella could be expected to last 15-20 years. Mays pointed out that the seams are usually the first things to fail. Vorel said that there may be the opportunity to use CIP funding for those parks G grant money. 7.FUTURE AGENDA ITEMS: NONE With no further items on the agenda, Vice Chairperson Brantley asked for a motion to adjourn the meeting. Shelton made the motion to adjourn, Stukel seconded and the meeting adjourned at 7:18 p.m. AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider approving the acceptance of six watercolor paintings by the late Rob Erdle, donated by Millie Giles, as public art; pursuant to the City of Denton Criteria to Accept Public Art policy. The Parks, Recreation and Beautification Board recommend approval with a vote of 5-0. BACKGROUND Ms. Giles has offered to donate six watercolor paintings by Rob Erdle, her late husband. The paintings are to be displayed in the South Branch Library with his Summer Haze painting and two others that were donated to the City in 2009. Ms. Giles requested that all the paintings always be kept together in the same location. The six paintings are valued at $680 each. RECOMMENDATION Staff recommends that City Council approve to accept the public art donation from Ms. Giles for the City of Denton. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Art Committee made recommendation to accept the donation on July 23, 2012. Parks, Recreation and Beautification Board made recommendation to accept the donation on August 6, 2012. EXHIBITS 1.Public Art Committee Meeting Minutes of July 23, 2012 2.Parks, Recreation and Beautification Board Meeting Minutes of August 6, 2012 3. Respectfully submitted: Emerson Vorel Director Submitted by: Janie McLeod Community Events Coordinator PUBLIC ART COMMITTEE MINUTES JULY 23, 2012 Members present: Jo Williams, Robyn Lee, Joy Siegmund and Nancy Walkup Members absent: Jack Davis, Billie Mohair, Carol Collins and Carol Phillips Ex Officio present: Margaret Chalfant Staff present: Janie McLeod CALL TO ORDER. Chair Williams called the meeting to order at 4:08 p.m. CONSIDER APPROVAL OF THE PUBLIC ART COMMITTEE MINUTES FOR: June 14, 2012 . Siegmund made a motion to accept the minutes with the addition of Robyn Lee listed as not present. Walkup seconded the motion and it was approved by a 4-0 vote. ACTION ITEMS Selection of Artist for Airport Project. Williams and Chalfant discussed the notes from the subcommittee meeting. The subcommittee recommended Michael Boyett as the artist for the municipal area. She contacted him to request that the figure include the waist area and he agreed to extend the sculpture to include the waist area in the sculpture. ACTION as the artist for the 2012-13 HOT fund project at the municipal airport. She added that the bust will be extended to include the waist area on the sculpture. Lee seconded the motion and it was approved with a 4-0 vote. Acceptance of Donation of Art. Williams reported that she had met with Millie Giles about her donation of six watercolors by Rob Erdle to the City of Denton. The value of each painting is $680. The PAC collection. ACTION : Walkup made a motion to accept the donation from Millie Giles of the six watercolors by Rob Erdle. Siegmund seconded the motion and it was approved with a 4-0 vote. Note to minutes: Ms. Giles stipulated that the watercolors she had previously donated and the current donation remain displayed together and not separated nor ever be sold individually or as a group. HOT Funds to Purchase Historical Pieces of Art Pertinent to Denton. McLeod reported that there is a $7,500 balance in the 2011-12 HOT Funds for public art to be used for the purchase of historical art. She reminded the PAC that time is a factor since the purchase would need to approved by the PAC, Parks, Recreation and Beautification Board and finally by City Council. All approvals would be required before the middle of September in order to meet City budget timeframes. The PAC selected a subcommittee to make recommendations for artwork to be purchased. The committee members are: Jack Davis, Joy Siegmund, Robyn Lee and Nancy Walkup. The committee will meet in the next few days and make a recommendation. Some artists the PAC suggested are: David Dike, Dorothy Bertine, Coreen Mary Spellman, and from the UNT Texas Arts on the Square. The PAC recommended that if possible, to purchase artwork that is already framed to save on time. Book Sales. McLeod discussed that the PAC had recommended that the public art book be offered at a wholesale price to merchants for resale after the book dedication. The original date discussed was nt would like to purchase at least 100 books at the wholesale rate of $10 from their current year budget that ends September. th ACTION: Lee made a motion to revise the wholesale sale date to September 10 and for the book to be sold at $10. Siegmund seconded the motion and it was passed with a 4-0 vote. DISCUSSION ITEMS Update on Bond Election Committee public art with the street improvements on the ballot and have it listed as one item rather than two. th. Chalfant reminded the PAC to attend the next Council meeting scheduled for August 7 The meeting will be a public hearing and will be open for public input on the bond election items. There being no further business, the meeting was adjourned at 4:55 p.m. DRAFT Parks, Recreation and Beautification Board Minutes August 6, 2012 Civic Center Community Room Members present : Carol Brantley, Vicki Byrd, Dave Rowley; Janet Shelton, Russ Stukel Members absent: Alex Lieban, Derrick Murray Staff present: Emerson Vorel, Mary Aukerman, Jim Mays, Janie McLeod REGULAR MEETING 1.CALL TO ORDER Vice Chairman Brantley called the meeting to order at 6:01 p.m. 2.APPROVAL OF MINUTES OF July 2, 2012 MEETING: Rowley made a motionto approve the minutes as written, Shelton seconded and the motion carried with a vote of 5-0. 3.AWARDS AND RECOGNITIONS: Vorel presented a plaque to Carol Brantley for her dedicated service on the Parks, Recreation and Beautification Board from 2006 thru 2012, the maximum that a member can serve consecutively. Carol will continue to serve until a new member is appointed. 4.ACTION ITEMS: Public Art Project: Select Artist for the Outdoor Art at the Entranceway to the Denton A. Municipal Airport McLeod told the Board that the Public Art Committee sought proposals for a sculpture at the new entrance to the Denton Municipal Airport. The era pilot gripping a propeller that will be cast in bronze. When asked how many proposals were submitted, McLeod said there were 7 or 8 but not all seemed to meet the criteria that -military person with an impressive history and pieces of art in many galleries throughout the country. MOTION: Stukel made the motion to recommend to Council that the Board approve the constructed entrance to the Denton Municipal Airport. Byrd seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Sculpture of Octavio Medellin B. McLeod told the Board that the Public Art Committee is requesting approval to purchase a sculpture by Mr. Octavio Medellin, a former faculty member of UNT, with part of the remainder of 2011-2012 HOT Funds. Mr. Medellin was recommended by Dr. D. Jack Davis, a Public Art Committee member and a former dean of the UNT School of Visual Arts, who is well acquainted with his work and its significance to the Denton community. Mr. Medellin came to the United States, during World War II when a UNT teacher recruited students from Mexico to attend UNT. Mr. Medellin died in 1999. Although the exact location for the sculpture has not as yet been determined, the committee would like to see it placed in the foyer of City Hall. A base or pedestal for the sculpture will also be purchased with HOT Funds. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the sculpture by Octavio Medellin for $5,000. Byrd seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Framed Lithograph by Coreen Spellman C. McLeod told the Board that the Public Art Committee is requesting approval to use some of the remaining 2011-2012 HOT Funds to purchase a lithograph of children playing on a slide by Coreen of the Public Art Committee, was able to get the original sale price of $1,200 reduced to $750. Ms. Spellman is a well known artist from the Denton area. McLeod stated that the piece is framed but the glass will have to be replaced with UV glass. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the lithograph by Coreen Spellman for $750 using 2011-2012 HOT Funds. Stukel seconded the motion and it carried with a vote of 5-0. Public Art: Purchase of Framed Drawing by Coreen Spellman D. McLeod told the Board that the Public Art Committee is requesting approval to use some of the remaining 2011- 2012 HOT Funds to purchase a drawing of a female figure reading a book by Coreen Denton art community. The cost of the piece is $900. MOTION: Shelton made the motion to recommend to Council that the Board approves the purchase of the framed drawing by Coreen Spellman for $900 using 2011-2012 HOT Funds. Stukel seconded the motion and it carried with a vote of 5-0. E. offered to donate to the City of Denton six additional watercolors by Mr. Erdle valued at $4,080, with the stipulation that they be displayed with the other two watercolors she previously donated, which now hang in the South Branch Library, and never be sold individually or as a group. McLeod explained that the watercolors will have to be custom framed at an unknown cost. Brass tags identifying Mr. Erdle as the artist will be ordered and placed next to each painting. Vorel explained that, before acceptance of the donation, an agreement would be written to memorialize Ms. Giles stipulations. MOTION: Shelton made the motion to recommend to Council that the Board accept the donation from Ms. Giles of the six watercolors by Rob Erdle. Rowley seconded the motion and it carried with a vote of 5-0. Public Art: Donation of Artwork F. Amanda Addington, a Denton citizen, has offered to donate to the City of Denton several copies of artwork by the late Martha Robbins, an artist from the Denton area. McLeod brought the pieces to the meeting so the Board could see what was being offered, which are mainly drawings of various historic Denton buildings. Each piece will have to be framed but there was no stipulation put on the use of them. MOTION: Rowley made the motion to recommend to Council that the Board accept the donation from Ms. Addington of artwork by Martha Robbins. Shelton seconded the motion and it carried with a vote of 5-0. DISCUSSION ITEMS: 5. A.Update on the 2012- Vorel went to a budget meeting last Thursday, August 2, and wanted the Board to be aware of what has been proposed, although it does not have the final approval yet. Vorel thinks the Parks Department has done well with the things they requested for the next fiscal year, including: $50,000 for the Water Park/Natatorium needs. The structures are aging and additional funds are needed to make repairs. Additional staff hours were approved at the Water Park but they will be used to staff fee based programs so the revenue should cover their costs. $26,000 was allocated for Point of Sale hardware and software at the Water Works Park for next season. All the recreation centers will eventually be on this system which is more efficient and secure. A Recreation Specialist has been approved for hire at the Senior Center, effective January 1, 2013. The seniors petitioned for this position which is sorely needed due to the expansion and addition of a fitness area. We put in a request for all of the positions in Leisure Services that were cut in the 2005- 2006 fiscal year. It has been very difficult to function without enough personnel. We reallocated some funding to put a full-time manager at Denia. Park Maintenance asked for $136,000 in contract money to maintain mowing standards and received $75,000. TXDOT has backed away from some of the level of agreement to maintain highways, like Elm Street and Teasley. Park Maintenance will not mow airport property in the new fiscal year. We asked for temp/seasonal money to put a lifeguard at the top of the new slide at Civic Center Pool. It would cost $150,000 to replace the City owned tree spade. Since we are phasing out the City nursery, it will be sent to auction and a pick-up truck has been requested to offset the loss. The City will buy trees from nurseries rather than grow their own and any tree transplanting will be contracted. Gas well money was not used for the irrigation planned for this year due to rethinking and reengineering the plans, so we have requested to reallocate those funds: $85,000 For the TCEQ Phase III Dam Study at Lake Forest Park o The following are the recommended allocations for the 2012-2013 Parks Gas Well fund: $200,000 To upgrade the Golf Driving Range that the City will now operate o $100,000 Will be added to the funds to construct the soccer fields at North o Lakes $500,000 To purchase additional property at North Lakes Park o Vorel anticipates that the gas well revenue will be approximately $250,000 for fiscal year 2012-2013. OTHER BUSINESS: 6. A.Parks Department Projects Status Report Mays updated the Board on various projects on the list, including: Quakertown Park At Quakertown Park, they are working on the punch list items to complete the project. Mack Park The new picnic shelter is completed and we have been granted permission to remove the old structure. Denton Branch Rail Trail Bridge Project At the ground breaking ceremony held on June 28, 2012, the bridge was officially named the Dr. Martin Luther King, Jr. Pedestrian Crossing Bridge. McKamy-Evers-Cooper Creek Trail Bridge Parks is working with the rainage department to work out a problem with the location of the bridge. It was engineered to be in the drainage easement but it will need to be moved out of the easement. No further progress was made on this project. Owsley Park The shelter was built in time for the first week of the summer food program. The multipurpose court is finished, the concrete has been poured and the playground is almost complete. Wheeler Ridge The stone seating areas are completed and the granite chat is installed. The HOA would like to have an official opening for the park. North Lakes Adult Soccer Field Development Project Funding is now in place and a contract has been sent to the Razor representatives. Public Art Committee Meeting Minutes Draft for July 23, 2012 B.Vorel told the Board that most of the items have been covered as action items, but he will answer any additional concerns. Shade Structures Over Large Playgrounds C. Stukel said that he was contacted by CDBG to submit a grant proposal and wanted to know how much it would cost to put shade structures over the playgrounds, especially at Owsley Park. He also wanted to know the criteria for obtaining the grant and was told it was based on the socio-economic levels of the citizens living around the park, so Owsley and Quakertown Parks would probably qualify. When asked how long the umbrella would be expected to last, Vorel said a good quality umbrella could be expected to last 15-20 years. Mays pointed out that the seams are usually the first things to fail. Vorel said that there may be the opportunity to use CIP funding for those parks G grant money. 7.FUTURE AGENDA ITEMS: NONE With no further items on the agenda, Vice Chairperson Brantley asked for a motion to adjourn the meeting. Shelton made the motion to adjourn, Stukel seconded and the meeting adjourned at 7:18 p.m. Rob Erdle Watercolors Western United States Lake Dumot, Colorado Oia, Greece Portugal Spain de la Rhue, France CITY OF DENTON CITY COUNCIL MINUTES July 16, 2012 Special Called Joint Meeting of the City of Denton City Council and the Public Utilities Board on Monday, July 16, 2012 at 11:30 a.m. at DME Engineering Operations, 1685 Spencer Road, Denton, Texas. PRESENT: Council Member King, Council Member Roden; Council Member Watts; Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: Council Member Engelbrecht; Council Member Gregory All Public Utilities Board members were presented with the exception of Board Member Baines and Board Member Herring. 1. Call to order; announce quorum, introductions. Mayor Burroughs called the City Council to order and announced that a quorum was present. Chairman Dick Smith called the Public Utilities Board to order and announced that a quorum was present. 2. Receive a report; hold a discussion and give staff direction regarding the proposed Denton Municipal Electric (DME) FY 2013-2017 Capital Improvement Program (CIP). Phil Williams, General Manager-DME, stated that reliability of service to rate payers was very important and that there were three main factors that affected that reliability of service. Those were disruption, generation and transmission, and substations. Disruption to service was the most common factor in preventing reliability to service. Several years ago staff had worked on how to improve distribution. Two ways were a tree trimming program and pole maintenance. Both of these programs resulted in a reduction in the number of outages. Another impact on reliability was generation. There was a statewide concern on generation during the summer. Transmission and substations also played a factor in reliability. There had been an increased amount of work on transmission in the past four years but there still needed to be more work. Budget highlights included the fact that there was no base rate increase; the discussion included a lot of capital which would be over the course of 5 years with financing over 20-30 years; and the average residential customer would realize less than a $2 per month increase. Council Member Watts stated that there would be no base rate increase this year. Williams stated that there was no increase in the projections al Key factors included growth, regulation, aging infrastructure, succession planning, and a dynamic wholesale market. Growth and the associated workload was impacting employees who were working excessive hours and not taking vacation. Regulation was affected in terms of NERC/TRE regulations of electric utility reliability that had increased tremendously over the past five years. DME was highly dependent on 40+ year old infrastructure. Age deterioration and growth had resulted in DME having used up much of its old infrastructure over the past 40+ years. DME was also highly dependent on a few key employees who might retire any time. Building bench strength was critically important at this time. The wholesale market was City of Denton City Council Minutes July 16, 2012 Page 2 dynamic at this time due to nodal and record low gas market. DME had experienced steady growth, had no downturn in activity and was masked by the overall economic downturn. Williams reviewed the DME annual peak loads and trends from 1986-2011; the number of customers; megawatt hour sold; peak load; and the base rate reve concern in distribution substation loading. The thought was to have a substation only at 50% of capacity. Denton North, Industrial and Woodrow Substations were above that 50% level. John Moore, Executive Manager of Energy Delivery, presented information on the Electric FY 2013-2017 CIP. He reviewed last summer with the long days of intensive heat versus this summer which was not as hot thus far. A large CIP had been known for several years. It had been delayed because of uncertainty about the economy but could no longer be delayed. Now was the time to begin making a new investment in Dentons future. There was a 25 year cycle for large electric infrastructure investment by Denton. Fifty years ago the 69 KV transmission system was done; 39 years ago the Spencer Power Plant was done and 25 years ago the 138 KV transmission Loop around Denton was done. There were aging infrastructures that needed upgrading and replacement now. The steady forces of growth and aging combined to cause the need now for a large investment to upgrade Dentons electric utility transmission and distribution system. Chuck Sears, Engineering Division Manager, discussed what DME was going to do and provided facts about how to do it. He stated that there was a need to think about the time it took to bring concepts from the concept phase to reality and the time to process that concept. Sooner or later there was going to be an outage and there was a need to plan for it. He reviewed the 69 KV line and the fact that much of it was over 20 years old. Challenges included right-of-way challenges as there were not many options in the update. The normal process to build a substation took two years when the land was already owned. What took the longest time was dealing with the city development process and getting the city permits. Mayor Burroughs presented a scenario where a project category for CIP expenditure was 43% reliability/improvement which was different than aging, etc. If were not done, for whatever reason, it would save 43% of the bond program. He questioned the impact of doing such a scenario. Sears stated that growth was different from reliability. Moore stated that growth was hooking up new customers while reliability was keeping it working. Council Member Roden asked about the process going forward for new transmission lines. Williams indicated that DME would be using a system that was use Council Member Watts questioned the statement that part of the delay in building the substations was going through the development process. He questioned if DME government tract for development. There were challenges in that area which were being worked on to resolve. He wondered if there was a need for another briefing for those issues. City of Denton City Council Minutes July 16, 2012 Page 3 Sears stated that the Pockrus Substation was presented as government project. Landscaping and tree coverage became an issue on how to proceed as there was not enough room for 20% tree coverage. Brent Heath, Engineering Division Manager, presented new residential and commercial development coming in the near future. There was a need to support existing customers and new customers coming on line in the future. There were 31 anticipated projects for next year. He reviewed the feeder extension and improvements by project category. Williams stated that the feeder projects would tie the system to transformer failed, the others would keep the system working. Chairman Smith stated that the PUB had seen this presentation an convinced as to why these projects had to be done. The next issue was the monetary question how to get the projects done money-wise and work through the Development Code. Council Member Watts questioned what type of revenue sharing would be realized on the transmission projects. Williams stated revenue sharing would apply. Council Member King stated that the hard decisions with the Development Code needed to be made and to keep moving forward. It was vital to keep the infrastructure running and to not let things pass the city by. Williams stated that this was the time to borrow money for neede Council Member Watts questioned if there might be a different financing mechanism. With this magnitude of numbers what affect would there be if the right-of-way costs were Certificates of Obligation. Bryan Langley, Chief Finance Officer, stated that there would be no effect on the citys financial rating as the city would be able to show that this was self- supporting debt. Mayor Burroughs stated that only a certain percentage of the debt would be issued in a particular year. City Manager Campbell stated that staff wanted Council to be aware of the issue and the magnitude of the dollars involved but would continue to move ahead with the budget and CIP planning. No specific direction was needed. 3. 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 City of Denton City Council Minutes July 16, 2012 Page 4 honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. There were no items presented. The Public Utilities Board meeting was adjourned. Following the completion of the Special Called Session, the Council convened in a Closed Meeting to consider the following: 1. Closed Meeting A.Deliberations Regarding Certain Public Power Utilities: Competit Under Texas Government Code Section 551.086 1. Receive competitive public power competitive and financial in from staff regarding a proposed FY 2012-2013 operating budget for Denton Municipal Electric ( DME ), including without limitation, expected revenues, expenses, commodity volumes, commitments, and financial direction of DME; discuss, deliberate and provide staff with direction regarding this matter. No action was taken on Closed Meeting items. With no further business, the meeting reconvened in Open Session and was adjourned at 2:00 p.m. _________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS __________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES July 17, 2012 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 17, 2012 at 3:00 p.m. in the Council Work Session PRESENT: Council Member King, Council Member Watts, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden ABSENT: Council Member Gregory, Council Member Engelbrecht 1. Citizen Comments on Consent Agenda Items There were no citizen comments on the Consent Agenda items. 2. Requests for clarification of agenda items listed on the agen City Attorney Burgess indicated that the Council had received a delivery from the Attorneys Office regarding documents pertaining to the trust associated with 4F. City Manager Campbell stated that Items 5A and 5B had been postponed from a previous meeting and with 2 council members absent, Council could decide postpone them until the entire Council was present. City Attorney Burgess stated that staff was completing a substitute ordinance for Council consideration for Work Session Items 4 and 6A. 3. Receive a report, hold a discussion, and provide staff with direction regarding projects recommended by the Citizens Bond Advisory Committee and bond pro for the upcoming November 2012 bond election. Bryan Langley, Chief Finance Officer, presented the details of the item. The Overview and Purpose of the discussion was to (1) review the Citizens Bond Advisory Committee (CBAC) process and bond program recommendations; (2) discuss bond proposition and ballot options; (3) briefly discuss future bond program projects; and (4) review the upcoming bond program calendar. The CBAC was formed on April 3, 2012 to provide project recommendations for the November 2012 bond election. The bond program assumes no tax rate increase. The focus had been to improve the worst streets in the community. A public informatio May to solicit feedback from the community. The CBAC presented a preliminary recommendation to the Planning and Zoning Commission on th June 6th. On June 11 the CBAC voted to formally submit a $20.4 million bond program recommendation to the City Council. $20 million would be for street reconstruction and $0.4 million was proposed for I-35 public art improvements. The CBAC ballot and bond proposition. Council Member Roden questioned the recommendation for the single ballot and bond proposition from the CBAC. City of Denton City Council Minutes July 17, 2012 Page 2 th Langley stated that at the June 11meeting, part of the motion to the City Council was for one bond proposition. Council Member Roden stated that last October, Council had talked about public art and approved going ahead with the I35 project at that time. He questioned what the recommended funding source for the project was at that time. Langley stated that there no funding source identified at that time in October. Staff had provided information on the intersections but not how the project would be funded. Council Member Roden stated that in October possible partnerships for the North Texas Blvd. area was mentioned and asked about the status of those discussions and possible funding from Rayzor Ranch. Langley stated that there were no options at this time from Rayzor Ranch or UNT. Mayor Pro Tem Kamp stated that the Mobility Committee had looked at funding with TxDOT. The Rayzor Ranch people were interested but she did not know anything about UNT. Currently there was no funding for the citys match for the improvements along I35. Mayor Burroughs questioned if partners came into the projects that enhanced or provided alternative funding and the City would not have to spend those funds, what would happen to them. Langley stated that the funding would not be issued until there was a project ready to use them with an exact cost. One option would be to not issue the bonds Another option would be to construct other art improvements on different streets other than I35. Mayor Burroughs stated that the concept was a balance between the ordinance and allocation of the percentage and applying that to a situation with limited use. Langley stated that the proposition options were public art related to street improvements. Another option would be a separate proposition and ballot option that would not be tied to street improvements. There was the possibility of another bond program portion of the dollars were spent and the rest combined with a project in a future bond program. The bonds would not be issued until a project was ready to go. Council Member Roden questioned if the Public Art Committee knew that the funds could be used for other items if not tied to streets. Langley replied correct that it had been discussed with the Committee and the bond counsel. Langley continued with information regarding the bond ordinance. He stated that on August th 14, Council would be asked to approve a bond ordinance which would formally set the bond election on November 6, 2012 and establish specific bond proposition and ballot language. The bond proposition language would be used in official city notices and the ballot language would be provided in the voting booth. There were three bond proposition and ballot options. City of Denton City Council Minutes July 17, 2012 Page 3 Option 1 - the bond proposition language would state that the bond proceeds would be used for street improvements and related public art. Alternate 1 for the ballot language would state the issuance of $20,400,000 of public securities for street improvements. Alternate 2 for the ballot language would state the issuance of $20,400,000 of public securities for street improvements and related public art improvements. Option 2 the bond proposition language would state that the bond proceeds would be used for street improvement projects. The ballot language would indicate that the funds would be for the issuance $20 million of public securities for street improvements and the bond ordinance would have language that the bond proceeds would be used to fund up to $400,000 in public art related to street improvements. Option 3 the bond proposition would have language with separate bond propositions which would state that the bond proceeds would be used for street improvements and public art projects that may be related to street improvements. The ballot language would indicate the issuance of $20 million of pubic securities for street improvements and the issuance of $400,000 of public securities for public art improvements. Council Member Watts questioned the wording related to street improvements" and what were the parameters of that language. Greg Schaecher, Bond Counsel, stated that Option 1 or 2 indicated that public art would be part of a street improvement and not part of a new street or specific improvement on an existing street such as landscaping or retaining wall art. It had to be a capital improvement but beyond that just related to a street improvement in some manner. Council Member Watts stated that it could not be a specific street project but tied with a street such as a statue placed on a street just for aesthetics. Schaecher stated that it could be a statue if it were part of a streetscape. Council Member Watts stated that was fairly broad language. Schaecher stated that the finding by Council when a project was approved would be that it was part of a street improvement. Council Member Watts questioned who could challenge that finding as to what was an appropriate use of the funds. Schaecher stated that a citizen could challenge the use of the funds. Council Member Roden questioned what wording the voter would see when voting. Schaecher stated that the voter would only see the ballot wording and not the wording in the ordinance. City of Denton City Council Minutes July 17, 2012 Page 4 Council Member Roden questioned that when there was a larger bond program, how was that divided and how specific was the wording. Schaecher stated that each proposition had to have a single purpose but it could be a broad purpose with a single bond proposition for each program. Mayor Pro Tem Kamp felt that Option 2 was not acceptable. She questioned if the public art could be used on the I35 project rather than on specific streets. Schaecher stated that was correct. Mayor Burroughs stated that he would not consider Option 2 or the Alternate 1 for Option 1. Alternate 2 for Option 1 or Option 3 were acceptable. He questi was related to transportation. Schaecher stated that language could be added to Option 3 but the intent was to have it as broad a proposition as possible. Mayor Burroughs asked why there was no allocation of funds for the two alternates for Option 1. Schaecher stated that under the proposed language $20.4 million could be spent on anything including public art. It would be up to the Council to determine how much would be spent on each improvement. However, the wording could be clarified that $20 million would only be for streets and $400,000 would only be for public art. Mayor Burroughs asked if Council wanted to clarify how much for each, would that have to be put in the language. Schaecher stated that was correct or put it in a resolution listing the amounts to be designated. That would then be contracted with the voters Council Member King stated that he was not in favor Option 2. He was in favor of Option 1, Alternate 2 as it would allow flexibility for cost sharing. Council Member Roden stated that there would be official election notices with the public which meant on some level it would be trying to sell a vision of the public art. He questioned if the inclusion of an example of the panel to be considered on I35 would be considered a part of the contract with the public and would the project then be locked into that design. Schaecher stated that the notices would have to make it clear that it would be one thing being considered. It would be worded as an example and not a definite project. Council Member Roden stated that assuming this was a larger more comprehensive bond project and public art were going to be included, would Schaecher recommend a separate proposition to be voted on for public art or tie it into one of the projects. Schaecher stated that would depend on what type of flexibility the Council would want on how to spend the funding. City of Denton City Council Minutes July 17, 2012 Page 5 Langley stated that the next bond program would be much broader and could possibly have six propositions on the ballot. Public art would have to be a component of each area or a separate area. He stated that there would be a public information campaign with meetings to show what was proposed with the public art and the streets to be reconstructed. Different groups in town would be contacted for presentations about the proposals. Council Member Watts stated that Council would have to decide on a general level how much flexibility was wanted in the program. There was an underlying possibility that the public art might not be approved with Option 3. By putting the propositions together it was forcing people to make a decision for street and art if they were not in favor of art. His first thought was Option 3 so as to not disenfranchise people. He was not in favor of leaving Option 1 open ended. The wording should be up to the $400,000 amount and made as tight as possible so that future councils could not change it. His struggle was whether to have one ballot proposition or not. He questioned if there was a way to break it down and give parameters in the language to define the dollars for each one and still have one proposition. Schaecher stated that wording such as $20.4 million with no more than $400,000 for related public art could be used. Council Member Watts stated that if the Council wanted flexibility Option 3 should be used but if less flexibility was wanted, then use Option 1. He stated that he would want to give as much information to the voters and as many choices to voters so his preference would be with Option 3. It was the cleanest ballot proposition and did not force a v might or might not agree with. Mayor Pro Tem Kamp stated that the Bond Committee had these types of discussions. She felt the intent of the funding resolution for public art was to provide money on public art and allow Council to determine the funding mechanism. She was in favor of Option 1, Alternate 2. The Bond Committee had a unanimous vote for one proposition. Langley stated that the Committee did not look at these specific three options. They had generic Options 1 or 2. Council Member Watts stated that the intent was to provide a mechanism for funding and he was hearing that the intent was to guarantee in a bond proposition funding for public art or to get as close as possible to provide funding for public art and to find a mechanism to do that. The intent was to not put before the voters but to have it a part of a bond election. Mayor Pro Tem Kamp felt that the intent of the funding resolution would need to be vetted after this election was completed. Council needed to come up with a way for the funding but something that was not an absolute. There was always the intent to have it in front of the public. She questioned if Alternate 2 could have more specific language be clear that it was for public art. Langley stated that wording might be the issuance of $20.4 million of public securities for street improvements with up to $400,000 for public art . City of Denton City Council Minutes July 17, 2012 Page 6 Mayor Burroughs suggested with the public art component not to exceed $400,000. Tim Crouch, Chair of the Citizens Bond Advisory Committee, stated that the wording of the proposition was a Council decision. The intent of the Committee was for a single proposition that combined a street component with the public art. Council Member Roden felt that there was one member of the Committee against keeping the propositions together and asked what was the last vote. Crouch stated that he did not remember any adamant opposition and did not remember a vote against the wording. Mayor Burroughs stated that he was in favor of Option 1, Alternate 2 with the revised wording as he felt that was what the Committee recommended. Council Member King stated that he was in favor of Option 1 with the Alternate 2 wording. Council Member Roden stated that he was in favor of Option 1, Alternate 2 because of the Committee. Mayor Pro Tem Kamp stated that there would be public hearings, public meetings and a lot of public education on the issue. Langley confirmed that Council wanted to proceed with Option 1 with Alternate 2 language to state $20.4 million for street improvements and a related public art component with the public art component not to exceed $400,000. Langley presented information on future bond program projects. The next voter approved bond program was planned for 2015-16 and would assume no tax rate increase. However, there were more immediate needs identified which may require a tax increase. Fire Station 4 required a substantial building modification to store a new piece of apparatus. Other significant building issues had been identified at Stations 2 and 3. An additional b in 2013. Further details on these potential projects would be presented in future work session items. 4.Receive a report, hold a discussion, and give staff direction regarding amending the Denton Development Code by adding Fraternity or Sorority House, 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, 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, Dormi Dwelling, Duplex, Manufactured Home, Mobile Home, Multi-Family Dwelling, Single- Family Detached Dwelling, Single-Family Attached Dwelling, Dwell City of Denton City Council Minutes July 17, 2012 Page 7 Efficiency Dwelling Unit, and Fraternity or Sorority House in Subchapter 35.23. The Planning and Zoning Commission recommends approval (6-0). Ron Menguita, Development Review Liaison, presented the proposed changes. Subchapter 35.5 of the Denton Development Code (DDC) provided a list of land uses by zoning district. While the DDC provided definitions for fraternity or sorority house, and dormitory, these were not included on the list of land uses in 35.5 and therefore were not allowed within any zoning district. The DDC also did not provide a definition for Conference/Convention Center, Distribution Center/Warehouse (General) or Warehouse (Retail) nor were these uses currently allowed. th Following the Councils direction from the June 20 meeting, staff was recommending the following amendments: Conference/Convention Center definition would state a facility with a capacity of greater than 1,000 seats used for conferences, conventions, seminars or similar functions . Mayor Burroughs asked if there were any zoning districts where these facilities would not be allowed. Menguita stated that DC-G had been designated as a location. They were also permitted in regional centers and in EC-C. There were opportunities for placement in various areas. Mayor Burroughs questioned what would have to be done if a facility wanted to build on the edge of the city and what would have to be done to get in a different zoning area. Menguita stated that if it were in an area where the use was not permitted, a comprehensive plan amendment and a zoning change amendment would have to be done. With the upcoming comprehensive plan update, staff could look at those areas where a change might be made to allow these facilities. Menguita continued with Warehouse (Retail) changes. IC-3 and IC-G zoning categories were added to allow these with a specific use permit in these categories. Prior to the proposed change it was not permitted in those zoning categories. Menguita stated that the definition of family was amended to read one or more persons related by blood, marriage or legal adoption. He listed the uses that were exempted from the requirement of no more than 4 unrelated persons residing in a location. Council Member Watts questioned which would be controlling for 4 or family which could be 5. Jerry Drake, Deputy City Attorney, stated that the prosecutor would have to figure out how to charge the offence. It might be different for different circumstances. Mayor Burroughs asked the definition for boarding house. Menguita stated that definition would be brought to Council at a later date. He noted that the definition of fraternity was changed to delete the last sentence amendments would include specific institutional uses, manufacturing and retail. City of Denton City Council Minutes July 17, 2012 Page 8 Council Member Watts questioned if the definition of duplex would only apply to new construction. Menguita stated that it was for new construction and that current duplexes would be grandfathered. 5.Receive a report, hold a discussion and give staff direction with regard to possible route and scoping adjustments to the Bonnie Brae Road Widening and Improvements project. Frank Payne, City Engineer, presented the current layout of the project per the Advanced Funding Agreement (AFA) with the State and the funding amounts per source by fiscal year. The AFA included roughly $48.7 million for construction of the entire project and $57.7 million overall. The most current cost estimate for improvements from Vintage Blvd. to IH35E was $38 million. Right-of-way costs, construction through UNT and other factors for the project were expected to exceed the preliminary amounts. Not all of the resultant costs were known to date. Residents south of Vintage opposed the roadway widening. Denton County Precinct 4 Commissioner Andy Eads was also opposed to the removal of the existing road improved by the County between Vintage and U. S. Highway 377. The Mobility Committee endorsed the current route at its December 14, 2010 meeting. They also discussed the possible inclusion of Vintage Blvd. into the project with a possible removal of the expansion of Bonnie Brae south of Vintage if the project could not support the initial scope and the inclusion of Vintage. The most current estimate for construction cost on Vintage from IH35W to U. S. Highway 377 was approximately $8.7 million. Denton County Trip 08 program included a project Vintage at $7.5 million with half provided by the City and half by Denton County Precinct 2. The citys share in the overall project costs for Vintage expansion was equal to the total costs minus Denton County contribution, or approximately $5 million. A key factor affecting construction of the roadway through UNT was the hydraulic constraints of the railroad bridge which caused flooding on campus. The only way to get adequate capacity to achieve a 100 year design on the roadway was to pay $1-2 million would directly benefit UNT Eagle Point campus. The City should be able to cover these costs with interest income and other savings on the project. Staff had looked at the possibility of improving Bonnie Brae north of IH35E to U. S. Highway 380 with the remaining funds. A preliminary opinion of probable costs for the widening of Bonnie Brae over this stretch was approximately $27.2 million which far exceeded the $14.7 million available. Options were to (1) authorize the use of remaining funds to offset City funding on Vintage widening, to widen Bonnie Brae from U. S. Highway 380 to just north of Scripture and to purchase all right-of-way needed for widening between IH35E and just north of Scripture or (2) decline to authorize the use of the funds as recommended. The staff recommended the use of the remaining funds to offset City funding on Vintage widening, to widen Bonnie Brae from U. S. Highway 380 to just north of Scripture and to purchase all right-of-way needed for widening between IH35E and just north of Scripture. The next steps in the process were reviewed. Mayor Burroughs suggested qualifying the direction by adding public input regarding the proposal before the City was obligated to spend the funds. City of Denton City Council Minutes July 17, 2012 Page 9 Consensus of the Council was to proceed with the application for change per the staff recommendation. 6.Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for approximately 700 acres of land located north of Airport Road in the City's industrially zoned area. Linda Ratliff, Director of Economic Development, stated that Rayzor Investments, property owners of approximately 700 acres of industrially zoned land north of Airport Road, requested the City consider forming a Tax Increment Reinvestment Zone (TIR infrastructure. The Westpark Industrial Park was approximately 700 acres of developable industrial land that was included in the City's CH-EDD area located near the Denton Airport and was under one property ownership. The following infrastructure was needed in the area: (1) all existing sites required some form of infrastructure improvement, (2) Western Blvd was two lanes, (3) Jim Christal was two lanes, (4) Precision Drive needed to be extended to two lanes, (5) all utilities along Western Blvd., Jim Christal, and Precision needed water, sewer and drainage. The property owners were proposing a partnership of four lanes on Western Blvd., additional two lanes on Jim Christal and extend two lanes on Precision to go to Oak Street. A TIRZ was a district where public infrastructure was needed. Incremental increases in property tax revenue were allocated to pay for the infrastructure. Taxing entities may contribute all or a portion of the incremental revenue to the TIRZ. The proposed TIRZ was for a 20-25 year term with 40-45% City and County participation. There would be an additional incentive to the land owner for the location of large CHP customers. There was an impact of tax incentives to locating companies shared by the property owner and the taxing entities. A review of the revenues of a 40% of the TIRZ and the cumulative totals at 20 years was presented. The next steps necessary were Council direction on whether or not to move forward, a discussion with the County, a recommendation from the Economic Development Partnership Board and the creation of the TIRZ by December 2012. Mayor Pro Tem Kamp stated that Council was not making a decision at this time but was just making an initial contact for a contract. Consensus of the Council was to bring back a formal recommendation. 7.Receive a report, hold a discussion and give staff direction regarding adoption of an ordinance of the city of Denton, Texas, revising the fats, oils, and grease control provisions contained in Chapter 26 of the Denton Code of Ordinances, relating to "Utilities," and hereby repealing Sections 26-190 and 26-191 of the Denton Code of Ordinances; and hereby adopting Article XII - Liquid Waste, Divisions 1, 2, 3, and 4. City of Denton City Council Minutes July 17, 2012 Page 10 PS Arora, Assistant Director of Wastewater, stated that fats, oils and grease (FOG) were a major contributor to Sanitary Sewer Overflows during dry weather conditions and contributed to preventive maintenance costs for the City. The proposed requirements were focused on the generators and transporters of the FOG. The main focus of a FOG control program was to prevent the pollutants from entering the sanitary sewer. Prevention of FOG entering the sanitary sewer reduced the need to employ costly reactive approaches. Heather Goins, Pretreatment Program Manager, reviewed the FOG program elements of inspections, plan review and design criteria, information management, legal authority and public education. Staff presented to the Public Utilities Board the draft proposed changes in January. PUB recommended a public meeting with a focus group prior to a public meeting and bring comments to them from both meetings. Two public meeting were conducted and were advertised by various methods. She reviewed the attendees of the meetings and the questions that were raised. The car wash owners requested to revisit the maintenance frequency for car washes and staff agreed to do a sampling at the car washes. Mayor Burroughs suggested looking at 26-308(3) and 26-308(5) to make sure that #5 did not preempt #3 when dealing with the 180 day requirement for cleaning. He also asked about the criminal element and the effective date being 15 days from the d concerned about the time frame and felt it should have a longer time period until the effective date. Goins stated that staff was expecting 6 months to educate the owners. The enforcement response plan was already in place. Council asked clarifying questions regarding fees, renovations of a facility, enforcement on a federal level, sanitary sewer overflows and changes in ownership of a facility. Consensus of the Council was to proceed with the draft ordinance. Following the completion of the Work Session, the Council convened into a Closed Session to discuss the following: 1. Closed Meeting: A. Deliberations regarding Certain Public Power Utilities: Competitive Matters Under Texas Government Code Section 551.086. 1. Receive a report from Denton Municipal Electric staff regarding certain public power competitive and financial matters related to the Re Proposals No. 4859 issued by the City soliciting proposals for a solar- generated energy facility or facilities for the City of Denton, Texas; and a presentation on solar-generation facilities; discuss, deliberate and provide staff with direction regarding such matters. City of Denton City Council Minutes July 17, 2012 Page 11 B.Consultation with Attorneys Under Texas Government Code Section 551.071; Deliberations regarding Real Property Under Texas Government Code Section 551.072. 1.Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 2.0 acre tract, more or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton, County, Texas, and located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas. Consultation with the Citys attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of t matters would conflict with the duty of the Citys attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the Citys legal 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 (1) in the A. Tompkins Survey, Abstract No. 1246, located generally in the 1800 block of South Bonnie Brae Street and the 2100 block of South Bonnie Brae Street; and (2) in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, located generally in the 3100 Block of Roselawn Street, all property interests within the City of Denton, Texas. Consultation with the Citys attorneys regarding legal issues associated with the potential acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the Citys 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 Citys legal position in any administrative proceeding or potential litigation. C. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1.Consult with the City's attorneys with regard to Item 5 A. on the City Council's Agenda for July 17, 2012 as it concerns legal issues associated with that item. 2.Consult with the City's attorneys regarding the present status of pending litigation styled Linda Marie Casias Roth, et al v. City of Denton, Texas, Cause No. 2012-60839-393, now pending before the 393rd Judicial District Court of Denton County, Texas; and discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. A public discussion of this legal matter would conflict with the duty of the City's Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Ba Texas. City of Denton City Council Minutes July 17, 2012 Page 12 3.Consultation with Attorney for advice regarding the negotiation and execution of a First Amendment to the Meet and Confer Agreement between the City of Denton and Denton Police Officers Association with a term of October 1, 2009 through September 30, 2014 that addresse wages, hours and conditions of employment with uniformed officers of the Denton Police Department; consultation with Attorney for adv regarding meet and confer matters between the City of Denton and Denton Fire Fighters Association, IAFF Local 1291. D.Deliberation Regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for approximately acres of land located north of Airport Road in the City's industrially zoned area; discuss or deliberate regarding commercial or financial information that the City of Denton body has received from a business prospect that the City of Denton body seeks to have locate, stay, or expand in or near the territory of the City of Denton and with which the City of Denton is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect; where a pub discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Rules of Professional Conduct of the State Bar of Texas. Regular meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 1. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Fred Douglass/Fred Moore Days Mayor Burroughs presented the proclamation for Fred Douglass/Fred Moore Days. City of Denton City Council Minutes July 17, 2012 Page 13 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Megan Storie regarding Denton - beyond the coal. Ms. Storie presented information on moving from fossil fuels to 100% clean energy. She urged the City to become sustainable and provide for clean air. Council Member Roden questioned Ms. Storie for a date for 100% clean air. Ms. Storie stated that she wanted Council to come up with a date. Council Member Roden requested Ms. Storie provide Council with more data to assist them with that decision. 2.Hatice Salih regarding lawsuits, certificates of obligation, and other indebtedness. Ms. Salih presented information on lawsuits, Certificates of Obligation and other indebtedness. She mentioned the property owners who had filed a lawsuit against the City for utility work along Bonnie Brae. She felt Certificates of Obligation should not be issued by DME and instead should be issuing Revenue Bonds. She also spoke on indebtedness with TMPA and the amount of money still owed. 4. CONSENT AGENDA Mayor Burroughs noted that Consent Agenda Item K was pulled and would be considered at a later meeting. Mayor Pro Tem Kamp motioned, Council Member King seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item K. On roll call vote: Council Member King, Council Member Watts, Mayor Pro Tem Kamp, Mayor Burroughs, and Council Member Roden aye . Motion carried unanimously. Ordinance No. 2012-146 A. Consider adoption of an ordinance authorizing the City Manager, or his designee, to submit a letter to the Texas Comptroller pursuant to the requ Section 2206.101 of the Texas Government Code by informing the Comptroller that the City of Denton is authorized by the state to exercise the power of eminent domain and further stating each provision of law that grants the domain authority; and providing an effective date. Approved the minutes listed below. B. Consider approval of the minutes of: City of Denton City Council Minutes July 17, 2012 Page 14 June 5, 2012 June 19, 2012 June 25, 2012 July 2, 2012 Resolution No. R2012-020 C. Consider approval of a resolution reappointing a member to the Board of Directors of the Texas Municipal Power Agency, a joint powers ag representing the City of Denton, Texas; and declaring an effective date. Ordinance No. 2012-147 D. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with Freese and Nichols, Inc, for Engineering Services relating to the North-South Water and III project; and providing for an effective date (File 4978-awarded to Freese and Nichols, Inc. in the amount of $435,701). The Public Utiliti recommends approval (6-0). Ordinance No. 2012-148 E. Consider adoption of an ordinance accepting bids and awarding a public works contract for the construction of the FM 2499 Utility Relocation project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4957- awarded to SMB Enterprises, Inc. in the amount of $192,989). The Public Utilities Board recommends approval (6-0). Ordinance No. 2012-149 F. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a First Amendment of Contract of Sale, by and between the City of Denton ("City") and Marilyn Kaye Newland and William Edgar Summers and Edna Auline Summers, Co-Trustees of the William Edgar Summers Family Living Trust ("Sellers"), amending a Contract of Sale (herein so called) contemplating the sale and purchase of 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"); and providing an effective date. Ordinance No. 2012-150 G. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Contract of Sale, by and between the City of Denton, Texas, as Buyer, and Dewitt S. Davenport, as Seller (herein so called), regarding the sale and purchase of 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 purchase price of One Hundred and Seventeen Thousand Dollars and No Cents ($117,000.00), and other City of Denton City Council Minutes July 17, 2012 Page 15 consideration, as prescribed in the Contract of Sale (the "Contract"), as attached hereto and made a part hereof as Exhibit "A"; authorizing the expenditure of funds therefore; authorizing relocation expenditures; and providing an effective date. Ordinance No. 2012-151 H. Consider adoption of an ordinance of the City of Denton, Texas approving a First Amendment to the Meet and Confer Agreement between the City of Denton and the Denton Police Officers Association and providing an effective date. Ordinance No. 2012-152 I. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 1.52 acre tract; (ii) a utility and slope easement, encumbering a 0.13 acre tract; (iii) a drainage easement, encumbering a 0.67 acre tract; and (iv) a temporary construction, grading and access easement, encumbering a 0.14 acre tract, all tracts located in the A.N.B. Tompkins Survey, Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 2100 block of South Bonnie Brae Street (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 Milton B. Clearman and wife, Anita A. Clearman to purchase the Property Interests for the purchase price of Two Hundred Twenty Three Thousand Nine Hundred Six Dollars and No Cents ($223,906.00), 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. Ordinance No. 2012-153 J. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.08 acre tract; (ii) a utility slope easement, encumbering a 0.03 acre tract; (iii) a slope easement, encumbering a 0.01 acre tract; and (iv) a temporary construction, grading and access easement, encumbering a 0.01 acre tract, all tracts located in the A. Tomp Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 1900 block of South Bonnie Brae Street (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 Oren R. Thomas and Ruth A. Thomas, to purchase the Property Interests for the purchase price of Twenty Thousand Six Dollars and No Cents ($20,006.00), 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. THIS ITEM WAS NOT CONSIDERED AND NOT APPROVED. K. Consider adoption of an ordinance of the City of Denton, Texas, revising the fats, oils and grease control provisions contained in Chapter 26 of the Denton Code of City of Denton City Council Minutes July 17, 2012 Page 16 Ordinances, relating to "Utilities," and hereby repealing Sectio 191 of the Denton Code of Ordinances; and hereby adopting Article XII - Liquid Waste, Divisions 1, 2, 3 and 4; providing for the purpose and po ordinance; providing for the applicability and prohibitions of the ordinance; providing for definitions promulgated in Section 26-153 of this chapter; providing for other definitions; providing for installations of grease tra and existing facilities; providing for responsibilities of persons subject to the ordinance; providing for the requirement of a permit; providing requirements for persons who generate, collect, and transport grease interceptor and grit trap/oil waste; providing for responsibilities for each grease interceptor or grit-trap/oil separator that is pumped; providing for abatement of violations; providing that the Assistant City Manager of Utilities may seek any and all enforcement remedies necessary to ensure continued compliance; providing a savings clause; providing a misdemeanor penalty not to exceed $2,000 per day for violations of this ordinance; providing a civil penalty not to exceed $5,000 per day for violations of this ordinance, together with other designated legal and equitable remedies that are available to the City; and providing for an effective date. The Public Utilities Board recommends approval (5-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2012-154 A. Consider adoption of an ordinance providing for an initial zoning district and use classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) to approximately 33.1 acres of land and the rezoning of approximately 3.7 acres o from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z11-0025) The Planning and Zoning Commission recommends approval (5-1). This item was postponed from the June 5, 2012 City Council meeting. Brian Lockley, DRC Administrator, presented the status of the site and reviewed the proposed zoning request. The current property had four zoning districts and the proposed zoning was for two zoning districts. The proposed zoning met the future land use map. The Planning and Zoning Commission recommended approval as did staff. Council Member Watts asked if multi-family would be allowed. Lockley stated it would be allowed with a specific use permit. Jimmy Wagner, 298 Carpenter Road, Denton, 76208 stated that he was opposed to the situation with the traffic instead of opposition to possible apartments. Traffic was horrible in the area. City of Denton City Council Minutes July 17, 2012 Page 17 Larry Reichhart, representing the landowner, stated that a specific use permit provided another layer of protection for multi-family should the property be developed with multi-family. NRMU-12 had four different categories which allowed multi-family and they were in agreement to make a specific use permit required for all four categories. Council Member King stated that a traffic study was part of the specific use permit process and if multi-family was desired, the traffic study would allow for that. He had a comfort level to do traffic study and do adjustments for that. Council Member Roden questioned when the traffic study was triggered in the process and when it would be given a closer look. Lockley stated that whenever an application was made on the property the specific use permit would have to demonstrate that it would meet all of the requirements. It would also include density if capacity did not exist for the number of requested units and could be lowered. Council Member Roden asked when the proposal could be denied before coming to Council due to transportation. Lockley stated that would occur at the Development Review Committee level. That was when the first recommendation was done and would be a possible recommendation for denial. Council Member Roden stated that if staff already said it was appropriate, why it would change. Lockley stated that at this point, it was not known what would be submitted for the final usage. Staff would look at the most intense use and combinations but that did not mean staff could not change the recommendation. Staff would look at the impact on traffic and the ability to serve water and sewer. Council Member Watts stated that the staff report indicated that a Traffic Impact Analysis would be required to determine current available capacity of both roadways. At this point in time, it was not known if capacity was adequate until a specific project was proposed. The current traffic situation was very difficult at certain times of the day use permit and traffic impact analysis how much emphasis the tim analysis. Lockley stated that the traffic study would consider a.m. and p.m. and the highest amount of traffic at that time. Peak times were used for the analysis and those numbers would be used to determine the level of service. A specific analysis of traffic would be done before consideration of the specific use permit. The initial application would provide density and basic layout and traffic would include number of bedrooms, layout, etc. for traffic. Mayor Burroughs expressed a concern about ingress/egress on McKinney and asked about a condition for a right in/right out only on McKinney to prevent traffic on McKinney until McKinney expanded. Lockley stated that a condition would be appropriate at the specific use permit level and not at this zoning level. City of Denton City Council Minutes July 17, 2012 Page 18 Council Member King motioned to adopt the ordinance. Council Member Watts seconded the motioned with a friendly amendment that a specific use permit would be required for all multi-family under the conditions within the L (4) limitation. Council Member King indicated he would accept that amendment. Council Member King motioned, Council Member Watts seconded to adopt the ordinance with the amendment that a specific use permit would be required for a conditions within the L (4) limitation. On roll call vote: Council Member King, Council Member Watts, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden aye . Motion carried unanimously. B. 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 postponed from the May 15, 2012 City Council meeti Erica Marohnic, Senior Planner, reviewed the background of the proposal. This proposal had been before Council on several occasions. On April 17, 2012 Council directed staff to further restrict the overlay district to remove all uses that could potentially be permitted with a specific use permit within the proposed NRMU-12 zoning district and for staff to research the attributed architect of the Fairhaven structures. The proposal was postponed to the May 15, 2012 Council meeting. At that meeting the Council directed the applicant to meet with residents to reach a common ground regarding the potential preservation of the Fairhaven Retirement Home as it currently existed and the proposal was postponed to the July 17, 2012 meeting. The applicant declined to hold another neighborhood meeting and instead proffered two additional conditions of approval to address area resident concerns. The proposed conditions were that (1) the exterior appearance of the structure would not be altered, excepting maintenance (including window replacement) without Council approval; and (2) the height and exterior appearance of the structure would not be altered, excepting maintenance (including window replacement) without Council approval. Council Member Roden asked about the mechanics of the latest conditions and if they would come to Council as a Certificate of Appropriateness. Marohnic stated that it would be an amendment to the restrictive overlay district. Council Member Roden stated that the conditions were similar to conditions placed on a historic landmark in terms of the exterior of the facility and questioned if that needed to come to Council. City of Denton City Council Minutes July 17, 2012 Page 19 Council Member Watts questioned if the property had changed hands again and if there were different owners. He appreciated the recommendations made by the applicant. Mayor Burroughs stated that he had concerns about the process and was trying to find another option for the proposal. Currently if the zoning were denied, the zoning would remain RN-3. The applicant could come back for another type of zoning or could bulldoze the property and rebuild with single family homes. If the upzoning was approved, even though it was highly restrictive, it could look like Council was giving something they might be opposed to. A third option would be a tool to amend the Denton Development Code to allow Council another alternative in situations where there were special exception uses. This situation was not foreseen with the exception waived for six months because it was not used in that time frame so it could not go to the Zoning Board of Adjustment. The current rules did not allow for such an option. He had previously suggested the formation of a code amendment to allow Council the ability, under certain circumstances, to extend the special exception. He asked where staff was in that process and questioned if it would be worthwhile postponing the proposal further until that option was available. City Attorney Burgess stated staff was looking at the issue but at this point there was no tool do that. Mayor Burroughs stated that it was a timing issue if a mechanism could be created to allow for the continued use of Fairhaven or the NR-3 zoning. Sean Thomas, 3708 Lakewood, Chicago, Illinois 60613, stated that he was one of the investors in Greatvine Ministries. This was a group of 47 individuals who sought an investment and a place for their parents and members to retire. Mayor Burroughs asked if this was a time sensitive issue. Thomas stated yes that delaying it again would put the investors in a bad predicament. Larry Reichhart, representing the applicant, stated that the iss architecture of the building which now was addressed with the use limitations and the proposed conditions for the exterior. It was felt that the plans for the proposal would be brought forward to Council if needed to be changed on the outside of the building. He felt that they had addressed every issue stated at earlier meetings. Council Member Roden felt that the additional conditions addressed the preservation issue and the use issue had already been solved. He questioned if the conditions applied to all of the structures on the property as he thought there were at least two structures on the property. Reichhart stated that there was only one building on the property. Council Member Roden asked if the conditions would apply to any exterior of the building, City of Denton City Council Minutes July 17, 2012 Page 20 Reichhart replied that it would apply to any portion of the exterior. He mentioned that another alternative would be a planned development with a site plan but planned developments were not an option at this time. Dr. Rynell Novak, Chair of the Denton County Historical Commission, stated that as a representative of the Denton County Historical Commission, their support related to the historical value of the property. The conditions presented concerning the exterior and height of the building sounded good and would preserve the historical nature of the facility. Mayor Burroughs noted that Dr. Novak had marked her speaker card in opposition. If she opposed the zoning request, no other use was allowed and the bui bulldozed. Dr. Novak asked that her card be changed to show support for the proposal. Council Member Watts asked if the property was still a Greatvine property. Thomas stated that it was still in the same name. Council Member Watts asked Thomas if he had held a neighborhood meeting in the time he was here. Thomas stated that he did not as he was living in Chicago. He did not think they would have such a problem with the use. Council Member Roden stated that past website postings indicated that the property was for sale and that raised concerns about the real intentions of the investors. Thomas stated that the lender required them to work to get the certificate of occupancy and also to put the property on the market if that did not work. It was their intention was to go forward and with Council approval have an assisted living facility for their members and for the Denton community. Comment cards were received from: Beth Stribbling, 2018 Briar Hill Lane, Argyle, 76226 in oppos Carrie Ettredge, 606 Woodland, Denton, 76209 in opposition Brandt Davis, 1902 N. Bell, Denton, 76209 in opposition Gary Hayden, 2106 N. Bell, Denton, 76209 in opposition Council Member Roden stated that he was not sure that the neighborhood knew that the two conditions were going to be presented. He was interested if Council would allow a representative of the neighborhood to speak about the added cond Mayor Burroughs stated that there was a very real concern of the neighborhood about removing the overlay district which could possibly allow for a more intense use. Mayor Pro Tem Kamp stated that the neighborhood and applicant wanted the same thing and that everyone agreed about the use. City of Denton City Council Minutes July 17, 2012 Page 21 City Attorney Burgess stated that the Council, applicant and neighborhood desired not to destroy the facility but rather preserve it and allow it to be used as it had been in the past. City Manager Campbell suggested working with the City Attorneys office to get to a resolution. Council Member King stated that he was encouraged with the restriction of height and exterior as proposed by the applicant. If there was a motion to postpone it would be a charge to maintaining the agreement made regarding the keeping exterior and height the same and the use the same. It would a very limited charge. He would support a postponement only with that specific issue. Council Member Roden stated that right now, on the table, there were the most restrictive conditions that would provide for the preservation of the building. He was not sure that with a new tool those conditions would be the same and he did not want to lose what they had already gained. There were two distinct issues - preservation and use. The historic community and what was offered the neighborhood seemed to be in agreement about what was on the table. Something else might not have the same conditions. Mayor Burroughs stated that the only condition to consider was the tool to provide what was being proposed except in a form for future cases. Council Member Watts stated that the next time the Council met on this issue, a method would have been devised to retain the NR-3 zoning, restore the permitt conditions and the only reason Council would be looking at it again was because of some fear to untie the knot on NRMU zoning instead of staying in a legal non-conforming use. Mayor Burroughs stated that staff might not have a better answer than what was in front of them. Council Member Watts questioned if there was an opportunity to go to the Zoning Board of Adjustment to restore the use. Mayor Burroughs replied yes but under the circumstance there was no wavier in the use. Council Member Watts questioned if there was a way Council could alter the procedure for people requesting to speak and allow the neighborhood to speak at this meeting. Mayor Burroughs stated that someone could motion to suspend the rules. Council Member Watts stated that it was his understanding that t communicated to either someone in a formal position or informal position to the neighbors. Reichhart stated that there was the intent to do that but he had to have bypass surgery and could not schedule a neighborhood meeting. He thought the conditions addressed very specifically what they were going to do with exterior. Mayor Pro Tem Kamp motioned, Council Member King seconded to postpone the proposal to the August 21, 2012 Council meeting with a limited scope of preservation of the façade and the City of Denton City Council Minutes July 17, 2012 Page 22 use as noted in the comments by Council Member Watts. On roll call vote: Council Member King, Council Member Watts, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden aye . Motion carried unanimously. Council Member Watts encourage dialog between the applicant and the people interested in the proposal. Resolution No. R2012-021 C. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a primary and alternate member as an official voting representative to the Regional Transportation Council (RTC) of the North Central Texas Council of Governments; and providing an effective date. Bryan Langley, Chief Finance Officer, stated Mayor Pro Tem Kamp had served as the city of Denton representative on the RTC for more than eight years and had indicated a desire to continue serving through 2014. Newly elected Mayor Patrick Davis of Highland Village contacted Mayor Burroughs requesting the opportunity to serve as the RTC Alternate representing Denton urbanized area and the grouped cities. The resolution in the Council materials reflected these appointments. Council Member Watts motioned, Council Member King seconded to approve the resolution. On roll call vote: Council Member King, Council Member Watts, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden aye . Motion carried unanimously. D. Consider nominations/appointments to the City's Economic Development Partnership Board. Linda Ratliff, Director of Economic Development, presented the nominations. The nominating committee was recommending the following appointments: Council seat Mark Burroughs; Top 20 taxpayer Caleb ORear; University of North Texas Lane Rawlins; At-Large - Carrell Ann Simmons; and Chamber of Commerce Greg Johnson. Mayor Pro Tem Kamp motioned, Council Member King seconded to approve the nominations. On roll call vote: Council Member King, Council Member Watts, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden aye . Motion carried unanimously. 6. PUBLIC HEARINGS Ordinance No. 2012-155 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, 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 City of Denton City Council Minutes July 17, 2012 Page 23 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), 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-F Attached Dwelling, Dwelling/Dwelling Unit, Efficiency Dwelling U Fraternity or Sorority House in Subchapter 35.23; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (6- 0). Mayor Burroughs noted that there was a substitute ordinance for consideration. Ron Menguita, Development Review Liaison, presented the proposed changes. Subchapter 35.5 of the Denton Development Code (DDC) provided a list of land uses by zoning district. While the DDC provided definitions for fraternity or sorority house, and dormitory, these were not included on the list of land uses in 35.5 and therefore were not allowed within any zoning district. The DDC also did not provide a definition for Conference/Convention Center, Distribution Center/Warehouse (General) or Warehouse (Retail) nor were these uses currently allowed. Revised definition categories included fraternity and sorority house and dormitory and added definitions for Convention Center/Conference Center; Distribution Center/Warehouse (General), and Warehouse (Retail). He noted that Council had been briefed on this item during the Work Session. The Mayor opened the public hearing. No one spoke during the public hearing The Mayor closed the public hearing. Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden aye . Motion carried unanimously. Ordinance No. 2012-156 B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending an overlay district and approving an am the Quail Creek Special Sign District for 7.1-acres of land within a larger 35.5 acre District located at the southeastern corner of Brinker Road Boulevard and is also known as Lots 1R and 2, Block A of the Signature Senior Living Addition, within the City of Denton, Denton Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (SD11-0006, Signature Senior Living) The Planning and Zoning Commission recommends approval (7-0). Brian Lockley, Development Review Committee Administrator, state proposing to amend the approved Special Sign District to allow for an increase in the size of a City of Denton City Council Minutes July 17, 2012 Page 24 permitted sign at the southeast corner of Quail Creek Drive and feet. The current owner desired to construct a sign that would that was more visible from the intersection of the roadways serving the site. The Special Sign District must be amended to facilitate a larger sign. No other amendments were sought at this time. The Development Review Committee and the Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. Jim Swartz, 5323 Spring Valley Road, Dallas, 75254 indicated he would answer any questions Council had regarding the proposal. The Mayor closed the public hearing. Mayor Pro Tem Kamp motioned, Council Member King seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden aye . Motion carried unanimously. 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter o upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide r items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Roden thanked the City Secretarys Office for the work done to have boards and commissions information on the Citys website. Council Member Roden requested consideration of the formation of a Council committee dedicated to look at citizen engagement. City of Denton City Council Minutes July 17, 2012 Page 25 Council Member Roden noted that on August 8th Southeast Denton would be holding their back to school event. Council Member Watts requested a work session to discuss the public art policy clarity on the intent of the policy. Council Member Watts requested consideration of an ad hoc commit process-similar to the property maintenance code and the appointment of a Council committee to craft something in that direction. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs announced that Council would be returning to Close Session to complete a discussion of the items listed on the agenda. Following the completion of the second Closed Session at 10:30 p.m., the Council returned to Open Session and with no further business, the meeting was adjourned. _____________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 2, 2012 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Thursday, August 2, 2012 at 8:30 a.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Gregory, Council Member Engelbrecht, Council Member Roden, Council Member Watts, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: None 1.Receive a report, hold a discussion, and give staff direction regarding the FY 2012-13 City Managers Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. City Manager Campbell stated that the proposed budget represented the City Manager and staff Program of Services for the next fiscal year. It also represented Council priorities and what was felt that the citizens wanted. Bryan Langley, Chief Finance Officer, presented the details of the proposed budget. Overview and Purpose Review key elements of strategic plan Discuss key assumptions in the General Fund Present General Fund supplemental packages recommended for approval by City Manager Review 2012-13 proposed five year financial forecast for the General Fund Discuss 5 year CIP plan and future GO/CO bond issuances Discuss budget recommendations for utility funds Review other funds and information Outline next steps Strategic considerations Langley reviewed the Strategic Plan in terms of intent of the plan, crafting the budget to achieve the goals and objectives outlined in the approved strategic plan, and key focus areas. General Fund the discussion centered on revenue characteristics, sales tax, appraised values and property taxes, and other key revenues. A review was presented of the General Fund revenue components, changes in monthly sales tax collections, sales tax collection history, sales tax projections, and appraised values. It was noted that to provide a clear picture of the cost and benefits of sale tax rebate agreements, incentive payments were included in the expenditure budget. A 3% increase in base sales tax revenue was forecaste Council Member Watts questioned what percentage of the change of sales tax projects did not include net and if that net would track the same percentage. Langley stated that he would have to look at it but it would probably be very close and might be a bit lower. City of Denton City Council Agenda August 2, 2012 Page 2 Council Member Watts stated that he would like an informal memo similar to the chart for sales tax collections. Langley continued with appraised values. The certified appraised value was $6.716 billion for 2012 which was a 4.75% increase compared to the 2011 value. A 3% increase had previously been forecasted in June. The appraised value distribution by tax year was presented. In 2009 the Council endorsed a plan to increase the over 65 property tax exemption in $5,000 increments. The goal was to achieve a $50,000 exemption level by 2013-14. The proposed budget included a $5,000 increase in the over 65 exemption level to $45,000 for 2012-13. Downtown TIF- the Downtown TIF was established in 2010 for the purpose of improving development in the Downtown area. The 2010 base value was $79,3 was $89.6 million. Based on this increase in value, the TIF would receive $70,691 in property tax revenue for 2012-13. No expenditures had been established at this time by the TIF Board. Property Tax rate the tax rate was comprised of two components of operation and maintenance; and GO debt service. No tax rate increase was proposed for 2012-13. The average residential property taxes were reviewed. Truth in Taxation Information Texas Property Tax Code mandated the calculation and publication of effective and rollback rates. If the proposed tax rate exceeded the effective rate, th the Council would have to vote to consider a proposal for a tax increase on August 7 and a stth public hearing would be held on the tax rate on August 21 and August 28. The 2012-13 effective tax rate was estimated to be $0.68045 and the estimated rollback tax rate was $0.73217. As the proposed tax rate exceeded the effective tax rate, a separate vote and hearing was required by Council. If Council elected to adopt the effective rate, approximately $624,000 in property taxes would be lost. Other Key Revenues General Fund franchise fees were proposed to decline primarily due to additional revenue transferred to the Street Improvement Fund. Administrative Cost Transfers to the General Fund were proposed to increase due to a recent cost allocation plan study. Interest income was expected to remain extremely low due to unusually low interest rates. Council Member Gregory requested a list of departments that had administrative cost transfers to and from the General Fund. Council Member Roden requested a GIS map of the property values compared to areas of the City. General Fund Expenditures discussion centered on expenditure characteristics; cost containment strategy; compensation plan; expenditure enhancements; fund balance; and proposed 2012-13 General Fund Five Year Forecast. Langley reviewed General Fund Expenditure components and General Fund budget by department. Prior Reductions in 2009-10 approximately $1.2 million in reductions were included in the adopted budget. In 2011-12 the majority of these cost saving measures were retained. In the 2012-13 proposed budget most of the prior reductions made in 2010-11 and 2009-10 were maintained. City of Denton City Council Agenda August 2, 2012 Page 3 Vacancy Management Plan The equivalent of 22 positions were not funded in 2010-11 and the equivalent of 14 positions were not funded in 2011-12. While a specific group of vacant positions was initially targeted, the purpose of the plan was to manage to a total savings amount rather than a set of positions. The Vacancy Management Program was proposed again for 2012- 13 and a savings of approximately $0.9 million was expected. Compensation 2010-11 did not include any merit increases for employees while 2011-12 included a 2% merit increase for employees. 2011 and 2012 budgets also included normal Step increases for Police/Fire Civil Service employees. For 2012-13 a 3% merit increase for non-civil service employees was planned. A large percentage of employees were below midpoint of their salary range and as a result, equity pay adjustments for employees below their market average was also recommended if they had satisfactory performance. Council discussed the reasons employees left the city, market ranges, and pay adjustments. Texas Municipal Retirement System in 2008 Council discussed the TMRS pension plan and the need to change from the unit credit to projected unit credit actuarial cost method. A number of options were discussed and Council elected to maintain benefits and phase in to a higher contribution rate over a period of up to 8 years. Due to changes related to SB 350 passed in 2011, and better than expected financial performance, the full rate was now proposed for 2012- 13. Early implementation would improve funding ratios and reduce future actuarial rates. Firemens Relief and Retirement Fund in addition to TMRS, the Relief and Retirement fund for Civil Service employees in the Fire Department. While not subject to the same actuarial changes as TMRS, the Council elected to contribute the same rate to the FRRF in 2008. Accordingly, the 2012-13 contribution to the FRRF had been increased to match the full TMRS rate mentioned previously. General Fund Supplemental Packages Recommended - $9.9 million an employees in supplemental packages were submitted to the City Manager for consideration in the General Fund. Departments included in the supplemental packages included Fire, Police, Animal Control, Municipal Court, Traffic, Library, Building Inspections, Planning, Parks, Facilities Management, Public Communications, Economic Development and Finance. Langley detailed the packages requested by each department. Langley reviewed the proposed funding for the Downtown Grant Reinvestment Program which would put an additional $50,000 into the existing funding of $50,000. Council Member Roden stated that there were still funds in this years budget for the bike program and asked how those funds could be maintained for use in future years. Langley stated that the funds were transferred from the General Fund to a project account which was a multiple year account. Council Member Roden stated that as the bike plan was updated, he would like to see what the funds were spent on this year. City of Denton City Council Agenda August 2, 2012 Page 4 Council Member Gregory questioned if all of the funding was not going to be spent for next year would there be the possibility of creating a position, even if part-time, to oversee the implementation of the bike plan. Mayor Pro Tem Kamp asked about the Downtown Circulator. Langley stated that the Circulator was not recommended as part of the City Manager budget. Council Member Roden requested a breakdown on how the funds in the Neighborhood Grant Program had been used. Council Member Watts requested more information on how the determination was made for funding of the projects and the structure of the program. Council Member Watts indicated that he was not in favor of increasing the funding in the Downtown Grant Reinvestment Program. It did not make sense to give the TIF funding and other incentives for the Downtown area. Council Member King stated that the Downtown was a big drawing factor and drew people here to visit and move here. He felt the funding was appropriate. Mayor Burroughs stated that the original funding was at such a low level that it was not bringing large scale projects to the Downtown. The funds were used for smaller projects. The Economic Development Partnership Board felt it was hard to have significant redevelopment in the Downtown due to the low funding in the program. His opinion was that these were redevelopment/green field development issues and should not be required to complete some of the improvements that were currently triggered by the way the current Development Code was written. He did not object to some additional flexibility to fund some major infrastructure improvements. Mayor Pro Tem Kamp agreed with the Mayor and Council Member King. She was in support of the fund and felt it had done some good things for the Downtown area. TIF projects were for much larger projects and the grant program was for smaller projects. Council Member Roden questioned if there was a sense for projects done in last two years which would have not been done if the program was not available. Mayor Burroughs stated that the funding had been so low that it eliminated the amount of funding to be substantial enough to do projects. Council Member Roden questioned if there was a need to revisit the policy of how to give out the money to achieve the attraction of significant development that was needed. Council Member Watts stated that it was a good observation that the money was so small that larger projects could not be done. It was not so much the money but the principle and policy that drove the policy of putting money where it was not needed. Redevelopment in the Downtown was happening. It was his understanding that the grant funds were limited to certain projects. City of Denton City Council Agenda August 2, 2012 Page 5 Mayor Pro Tem Kamp stated that there were smaller projects that did not happen but not larger projects that did not happen. Council Member Watts stated that he would like to see those projects that were turned down. Council Member Gregory stated that he had requested to increase the fund but also to expand the program to other parts of the City to be able to use the funds and not just the Downtown area. Currently there was nothing in place to allow for that other than in the Downtown area. He did not want to abandon the Downtown area as that was what made Denton unique. Council Member King stated that buying a building was easier to get funding. A tenant had a harder time getting financing and the program might help those types of projects. Council Member Engelbrecht stated that he could see both positions but in the future he would be looking to see if the grants were for business/services not already in the Downtown area. There was a need to look at what parts the Downtown community was missing and not support the same type of business that were already there. Mayor Burroughs stated that the general direction from Council was if the increased funding were kept in the budget, footnotes be given to the Economic Development Partnership Board about seeing novelty in projects and see some projects not currently available because of the small dollars that were now available. Council Member Roden also requested that the policy be looked at to include different areas of the City and not just the Downtown. Other General Fund expenditures In addition to the supplemental packages, $396,329 was recommended to be funded from 2011-12 resources. Projects in that category included an engineering study of the Lake Forest Dam as required by the State of Texas; vehicles and equipment related to the Gas Well Review and Code Enforcement Divisions, remodel Municipal Court front counter area to provide better access and increased security; a salary survey and compensation analysis; Laserfiche imaging system update; equipment related to the Aircraft Rescue and Firefighting vehicle; hazardous materials contract and no parking markings in neighborhoods near TWU and UNT. Council Member Roden stated that some Council requests had not been discussed such as the community market and restoring Council contingency funds. Mayor Pro Tem Kamp also requested more information as to why the Downtown Circulator and Council contingency funds were not included in budget. City Manager Campbell stated that in the past budget, the Council contingency was $17,500. To use the funds, the program item had to come to Council and a formal contract completed with the agency that would be receiving the funding. It was his intent that if Council wanted to have a contingency fund, it might be better to keep the funds in a general contingency account and bring each project forward to Council rather than parcel out individual amounts. City of Denton City Council Agenda August 2, 2012 Page 6 Mayor Burroughs stated that in the past the program was very inefficient. There was a need for microgrants that the standard process did not accommodate. His request to the City Manager would be to not to have same structure but if projects came up, a limited City participation would be of help. The requests could be put through the City Manager to consider individually. City Manager Campbell responded to the question regarding the Downtown Circulator. His budget did not recommend it as there were many other projects that needed to be put in the budget. It was not highest priority at this point in time. Mayor Pro Kamp agreed that the improvements on Hickory Street should be done first and then consider the Downtown Circulator project. Council Member Gregory requested a financial statement on the operation of Gas Well Division in terms of actual costs for equipment replacements so as to revise fees to cover the costs of the program if necessary. Council Member Roden questioned the original process and what were the benefits of the Council contingency program. Mayor Pro Tem Kamp stated that each Council Member had a specific amount of money to designate to different projects. Requests were received from various organizations or people for the funding as small amounts of funding could make a difference to some organizations. There were specific guidelines for spending the funds. Mayor Burroughs stated that the concept was to be able to reach out to the community to provide funding for smaller projects that created good will throughout the City. Council Member Engelbrecht stated the other side was that there was a large amount of staff work involved to provide these funds. Council Member Roden stated that he would like to explore further Council having these funds. It seemed like the funds were eliminated in the past due to budget issues. He also requested a further discussion on community market enhancements. Council Member Engelbrecht stated that other cities had amazing community markets and he would like to have a discussion on further enhancements for the market. Council Member Engelbrecht questioned if the no parking signs that were proposed in the budget also included the West Oak area. Langley indicated that he would find out that information and would provide a response to the Council. Fred Greene, Assistant City Manager, stated that a majority of the signs were planned to be around UNT where people were parking too close to driveways. Council Member Watts questioned if some of these other General fund expenditures were one- time costs and some were ongoing. City of Denton City Council Agenda August 2, 2012 Page 7 Langley stated that all were one-time costs out of 2011-12 resources. Summary of Assumptions Langley reviewed the summary of assumption for 2013-2017, fund balance reserves, and the proposed 2012-13 General Fund Long Term Plan. The Fund Balance reserves were expected to remain above the target level over the next several years. The target for the fund balance was revised in 2011-12 in response to conversations with bond rating agencies. The revised target was approved as part of the 2011-12 budget. Council Member Watts questioned if a health insurance budget amendment might be required for this fiscal year. Langley stated that a health insurance budget amendment was needed for the current year and staff was bringing it to the Audit/Finance Committee next week. Street Improvement Fund Langley reviewed street maintenance funding challenges and the 2012-13 proposed funding. Street maintenance funding one of the main street maintenance issues was that the OCI rating of streets showed that the streets were deteriorating over the past several years. The current level of street maintenance was insufficient to maintain current OCI rating. To address these issues a Street Improvement Fund was created to separately account for street maintenance activities. The funding was increased by transferring increases in franchise fee revenue and transferring interest cost savings from utility funds as a result of the issuance of Certificates of Obligation instead of Utility System Revenue Bonds. Street impact fees might also be considered in the future. Langley reviewed planned increases in funding for street maintenance. GO Debt Service fund the discussion included a review of the proposed 2012-13 debt issuances and a planned future bond sales and potential issues. The GO debt service fund assumed no tax rate increase. The appraisal growth assumptions mirrored those in the General Fund. Staff recommended issuing $11.2 million in Certificates of Obligation in 2012-13 for the vehicle replacements and facility improvement; the Animal Care and Adoption Center; property acquisition at the Denton Airport; new traffic signals; and the Public Safety Training Facility at City Hall East. GO Debt Service Fund 2012-13 and beyond a $20.4 million bond program for street reconstruction was proposed in 2012-13 which would be sold over 5 years. $9.0 million in Certificates of Obligation were also planned to be issued for the required match on Bonnie Brae and Mayhill projects in 2013-14. Future size and timing of additional GO bond elections would be dependent on economic factors, however, a $50-60 million 5 year program may be possible in 2014-15 or 2015-16 Future bond program projects the next voter approved bond program was planned for 2014-15 or 2015-16. This bond program timeline assumed no tax rate increase. However, more immediate needs were identified which might require a tax increase. Langley reviewed the needs at the various fire stations. City of Denton City Council Agenda August 2, 2012 Page 8 Fire Station Improvements a fire station location study was currently underway with expected results by the end of summer or early fall. Based on the outcome of the study, stations may be recommended to be relocated. If so, property would need to be acquired and there was an unknown cost for property acquisition, design and construction of a new station. If current locations were sufficient, stations could be replaced for approximately $4.0 million each. Staff would brief Council and provide a recommendation on how to proceed. Other Major Funds Langley presented information on other major funds including the electric, water, wastewater, solid waste, health insurance and other miscellaneous funds. Utility funds the Public Utilities Board recommended utility budgets to the Council on June th 25. Major impacts on the 2012-13 operating budget, CIP and five year financial forecasts included the replacement of a larger percentage of aging infrastructure with revenue and a significantly larger 5 year CIP program than anticipated last fiscal year. The proposed budgets were subject to the following risks that might affect financial performance: inflation of materials, chemicals and fuel; aging infrastructure; water supply; reserve targets; and debt coverage ratios. Strategies and objectives were developed to strengthen the financial integrity of each utility: (1) phase-in replacement of aging infrastructure with current revenue funding and reduce reliance on debt financing; (2) reach and maintain sufficient reserve fund, (3) maintain water and wastewater impact fee reserve balances at $1 million for each utility, (4) maintain water and wastewater Development Plan Line reserve balances at $1 million, (5) create a $1 million drainage reserve in the Wastewater Fund and (6) maintain debt coverage ratio of 1.25 Electric fund the proposed budget included no base rate increase for electric utility customers, an accelerate CIP program that would have a significant impact on operations for the foreseeable future, and 11.5 new full time employees. Major CIP projects were reviewed as well as the five- year CIP debt issuance. Water fund the proposed budget included 3 full time employees. originally considered with an 8.0% rate increase recommended by the Public Utilities Board which represented approximately a $3.25 monthly increase to the average residential customer. Major 2012-13 CIP projects were reviewed along with the water five year financial forecast. Council Member Gregory requested a listing of the justification for the rate increase. Council Member Engelbrecht requested a comparison with other cities in terms of utility rates. Wastewater fund the proposed budget recommended the addition of 2.88 new full time employees. A 12.0% rate increase was originally contemplated but the Public Utilities Board recommended a 9.0% increase. That rate increase represented approximately $2.50 monthly increase to the average residential customer. Major 2012-13 CIP projects were reviewed along with the five year wastewater financial forecast. Solid Waste Fund the curbside recycling services were brought in-house in 2012 which resulted in a net lower cost than the private services. Five new full time employees were recommended. Residential and commercial rate increases were proposed for 2012-13. This represented a $0.85 monthly increase in standard cart refuse container. No recycling fee City of Denton City Council Agenda August 2, 2012 Page 9 increases were proposed. Major 2012-13 CIP projects were reviewed along with the five year financial forecast for solid waste. Health Insurance Fund A $1.4 million budget amendment was needed in 2011-12 due to the discovery of previously undiagnosed conditions from the clinic Health Risk Assessments and significantly more claims over $25K than in the prior year. This issue would be discussed with th the Audit/Finance Committee on August 7. Currently staff was working on evaluating employee/retiree rates and plan design. Details would be presented in the near future to Council. A 6% increase in city contributions was included in 2012-13 proposed budget. Parks Gas Well Fund - $800,000 in expenditures of Parks Gas Well funds were proposed to be used for (1) $500,000 for property acquisition at North Lakes Park; (2) $200,000 for construction at the golf driving range and (3) $100,000 for adult soccer field construction. Other funds the Hotel Occupancy Tax Committee had provided a recommendation for Tourism and Convention funds to include $100k for contingency purposes for potential expenses associated with a planned convention center. Capital improvement program budget and grant funds budget also included. Summary Information discussion included a full time employee summary, total expenditure budget by fund, proposed budget by fund, and Next Steps. The Council did not go into Closed Session following the completion of the budget discussion. With no further business the meeting was adjourned at 1:20 p.m. _________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, approving an Interlocal Agreement by and between the City of Denton, Texas and the City of Highland Village, Texas, for the City of Denton Municipal Court to provide a teen court program for the City of Highland Village; providing a ratification clause; and providing an effective date. BACKGROUND The City of Denton has operated a teen court program through a contract with Juvenile Diversionary Services, with Roland Jones administering the program. This has been in place since 2005. The purpose of the teen court program is to provide an outlet for youth who are charged with misdemeanor offenses to correct their behavior. The most common juvenile misdemeanor offenses referred to the program are truancy cases, alcohol and tobacco possession, and traffic citations. Upon successful completion of the teen court program, the misdemeanor offense In March 2012, Mr. Jones was hired as a full-time employee of the City of Denton, serving as the Teen Court and Community Services Coordinator. This change in employment status affects an interlocal agreement in place with the City of Highland Village since their contract was with Juvenile Diversionary Services, not the City of Denton. The City of Highland Village has a contract with Juvenile Diversionary Services (through Mr. Jones) to accept eligiThrough this contract, the City of Denton received $40 per case referral from Highland Village in FY 2011- 12, with 33 teens participating. rt program was 430. Due to the employment change mentioned above, it is now necessary to have a separate standalone interlocal agreement between the City of Highland Village and City of Denton for the teen court program. There are other municipalities that offer teen court programs through their Municipal Courts. Through research, it was determined that we are charging the lowest per case fee for teen court services as shown on the following chart. Agenda Information Sheet August 21, 2012 Page 2 Municipality Cost Per Case Referral City of Southlake $65 City of Lewisville $65 City of North Richland Hills $74 City of Denton $40 In addition, as shown below, the cost of the program on a per case basis is significantly higher than the $40 rate charged to Highland Village. City of Denton Teen Court Program Cost $87,713 Annually Attendance (FY 2011-12) 430 total 33 from Highland Village Cost per case to administer program $204 75% cost recovery $153 50% cost recovery $102 35% cost recovery $71 25% cost recovery $51 While the cost per case is significant, it is important to note that the majority of these costs would still be required if the City of Highland Village did not participate in the program. Further, the fee charged by the City of Denton needs to be competitive with surrounding cities if we hope to retain the City of Highland Village as a partner. As a result, staff recommends a fee of $71 per case referred by the City of Highland Village. PRIOR ACTION/ REVIEW The City Council Audit/Finance Committee considered this item at the August 7, 2012, meeting and recommended approval (2-0). RECOMMENDATION Staff recommends that the revised interlocal agreement between the City of Denton and the City of Highland Village be approved. If approved, the agreement will be effective October 1, 2012. Prepared by: Michelle McCallum Budget and Municipal Court Manager Respectfully Submitted By: Bryan Langley CFO and Director of Strategic Services AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, revising the fats, oils and grease control provisions contained in Chapter 26 of the Denton Code of Ordinances, relating to Utilities, and hereby repealing Sections 26-190 and 26-191 of the Denton Code of Ordinances; and hereby adopting Article xii liquid waste, divisions 1, 2, 3 and 4; providing for the purpose and policy of the ordinance; providing for the incorporation by reference of the provisions and recitations contained in the preamble of the ordinance into the ordinance; providing for the applicability and prohibitions of the ordinance; providing for definitions promulgated in Section 26-153 of this chapter; providing for other definitions; providing for installations of grease traps for new facilities and existing facilities; providing for responsibilities of persons subject to the ordinance; providing for the requirement of a permit; providing persons who generate, collect, and transport grease interceptor and grit trap/oil waste; providing for responsibilities for each grease interceptor or grit-trap/oil separator that is pumped; providing for abatement of violations; providing that the City Manager may seek any and all enforcement remedies necessary to ensure continued compliance; providing a savings clause; providing a misdemeanor punishment of not-to-exceed $2,000 per day for viola any provision of the ordinance that governs the public health and sanitation, or fails to comply therewith or with any requirements thereof, or a permit or certificate issued thereunder; providing a civil penalty not-to-exceed $5,000 per day for violations of this ordinance that relates to point source effluent limitations, or the discharge of pollutant, other than a non-point source, into a sewer system, including a sanitary or storm water sewer system owned by the City; providing that any person or entity violating this ordinance shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued; together with other designated legal and equitable remedies that are available to the City; providing for publication thereof; and providing for an effective date. BACKGROUND Fats, oils, and grease (FOG) are a major contributor to Sanitary Sewer Overflows (SSOs) during the dry weather conditions and thus contribute to preventive maintenance costs for the City of Denton. Over the last four years, 24% of SSOs that occurred within the City from 2007 through 2010 were caused by grease blockages. Additionally, numerous grease chokes require maintenance to clear in order to prevent a SSO from occurring. Implementing a FOG Control Program serves to reduce both the number of SSOs within the service area and the annual preventive maintenance costs due to FOG. The main focus of a Fats Oils and Grease (FOG) Control Program is to prevent the pollutants from entering the sanitary sewer thereby reducing the need to employ costly reactive approaches. In order to achieve the desired results, a FOG Control Program should be comprehensive in nature. This means controlling commercial sources, such as food service establishments (FSEs), car washes, auto repair shops, but also tracking all disposals by liquid waste hauling companies, and incorporating outreach for citizens and commercial facilities. At this time, Dentons Code of Ordinances contains very few requirements for the control of FOG discharges, and the provisions are distributed throughout the Code. For this reason, several Departments within the City of Denton oversee one or more component(s) identified as an integral part of controlling FOG discharges to the sanitary sewer. We propose to consolidate the majority of local requirements for generators and transporters into Chapter 26. Specifically, it is recommended to repeal Sec. 26-190 that includes the requirements for grease trap installation and maintenance, and Sec. 26-191 that includes the requirements for transport and disposal of grease laden wastes, into Article XII of Chapter 26. In addition the Article XII establishes the responsibilities of the generator and transporter, and provides for enforcement actions in case of a violation of the ordinance by the generator or transporter. The City of Denton currently tracks grease trap maintenance at food facilities on a volunteer basis. Information is gathered from both waste haulers and restaurants when they agree to do so. The current Code of Ordinances, Sec. 26-190 requires treatment units for all wastewater containing FOG, and that the treatment units are properly maintained. There is no definition for properly maintained; therefore, the current program only allows for enforcement of maintenance requirements after a facility has caused interference in the collection system. There is currently no requirement for frequency of trap maintenance, and only about 50% of traps are being pumped once per year according to voluntary reporting. After researching several municipal FOG control programs and looking over literature, the industry consensus accepts use of what is known as the 25% rule. This allows that a trap or interceptor works efficiently to control grease discharges to the sanitary sewer until the effluent side of the trap contains 25% or more solids of the wetted height of the trap. If a trap contains more than 25% solids in the effluent chamber, efficiency is grea increased FOG discharges to the sewer. Staff presented to the PUB the draft proposed changes to the Fats, Oils and Grease (FOG) provisions on January 9, 2012. Based on the discussions with staff, the PUB recommended that staff first present the proposed changes to a focus group comprising of restaurant, car wash, and auto repair shop owners. Then conduct the proposed public meeting with all grease trap and grit trap owners. Gather all of the comments received from the focus group and the public meeting and bring it back to PUB for further discussion. As such, a small focus group meeting and two public meetings were organized. The focus group meeting was held on February 16, 2012, and the two public meetings were conducted on March 22, 2012, one at 9 a.m. and one at 2 p.m. Announcements for the focus group were made through direct contact by phone and hand-delivered letters. The two subsequent public meetings were advertised in several ways, including an announcement slide that was prepared and distributed to DTV, DCTV and El Matador; a news item posted to the citys websi sent to notice subscribers; posts made to both facebook and twitter; a robocall sent to grease and grit trap owners; and a direct-mail postcard delivered to grease and grit trap owners. Six businesses attended the focus group meeting in February, and a total of 15 businesses attended one of the two public meetings held in March. The majority of questions and concerns focused on the sizing and installation requirements related to the Building Code. Staff explained that this Ordinance does not affect those items, but that Industrial Pretreatment Program staff will work closely with Building Inspections as part of the proactive program. A few additional questions were posed regarding how staff will conduct education, administration, and enforcement, and the answers provided by City staff appeared to adequately resolve these questions. The main concern raised during the public meetings that required further attention and a modification to the draft Ordinance involved the provisions for grit trap maintenance frequency. A sampling study that was conducted at car washes by City staff concentrations of solids and metals being discharged into the sanitary sewer collection system. Car wash owners expressed that during the past several years, the chemicals used at car washes have changed substantially, and that the volume of water used varies greatly by season and weather. Additionally, car wash owners were not aware of any incidents where car wash discharges caused blockages in the sanitary sewer system. Thus, a request was made to revisit the maintenance frequency for car washes. In response, the Industrial Pretreatment Program conducted a sampling study at nine local car washes. The sampling results did show substantial improvement in the quality of the wastewater over the 2007 study. Using the sampling data, information about operations at the car washes and the grit trap performance, the draft Ordinance was revised to include an on demand pumping frequency for grit traps when businesses employ best management practices to ensure compliance with all local discharge requirements. This revision was communicated to the concerned parties, and they were all in agreement with the changes. These comments and the amended FOG ordinance were then presented 2012, and the PUB recommended approval of the FOG ordinance. The FOG ordinance was presented to City Council on July 17, 2012. Staff was asked to make revisions to the ordinance to eliminate an inconsistency. The requested changes were made, and a summary of the modified proposed provisions to Article XII of Chapter 26 are as follows: For Liquid Waste Generators: Must meet all Pretreatment Standards and Requirements in Chapter 26, Article V 200 mg/L oil and grease o 5.0 to 12.5 pH o No interference or pass through o Requirement to service grease traps on a specified schedule At a minimum of once every 90 days o Increased frequency as necessary to meet all discharge requirements o Includes a waiver provision to decrease pumping frequency to 180 days o Requirement to service grit traps by one of two options Once every 180 days; o Or as necessary to meet all discharge requirements as long as the stated best o management practices are conducted Application of the 25% rule At any time the percent solids in the effluent side of a treatment unit cannot o exceed 25% of the wetted height. Record keeping Manifests must be obtained each time a trap is serviced o Manifests must be kept on site for a minimum of three years o Right of entry for inspections Sec. 26-161 o Grease disposal practices Grease must be removed by a licensed and permitted hauler and di o accordance with all state requirements Traps must be completely evacuated o Washwater disposal practices Must contain, collect, and dispose of washwater by approved means o Protect the storm sewer system o Use approved methods for treatment o Accurately measure the volume disposed o Prohibition of using additives in lieu of treatment/maintenance unless authorized in writing Enforcement actions to remedy noncompliance For Liquid Waste Transporters: Requirement to obtain a permit for each vehicle Usage of City of Dentons manifest Reporting requirements for each serviced trap Five part manifest established through septic hauler program o One part will be returned to Pollution Control Abatement Officer o Prohibition of disposing of liquid waste at unauthorized locations Will allow for future disposal of grease wastes at PCWRP Enforcement actions to remedy noncompliance Staff values the suggestions and input received during the various meetings with business owners and believes that the draft Ordinance, as presented, reflects the concerns of the affected business community, as well as the best approach to reduce sanitary sewer overflows and public health concerns caused by FOG. RECOMMENDATION Staff recommends approval of the recommendation to adopt the updates to the FOG ordinance PRIOR ACTION/REVIEW (Council, Boards, Commissions) January 9, 2012: Staff presented the draft proposed changes to the FOG program provisions to the PUB for discussion. June 11, 2012: PUB recommended approval of the amended FOG ordinance to the City Council (5-0) July 17, 2012: Staff presented the amended draft FOG ordinance to City Council. A closed meeting presentation was made to the Council on August FISCAL INFORMATION No additional fiscal impacts beyond the funding established for current fiscal year operations are anticipated. BID INFORMATION None EXHIBITS 1.FOG Ordinance Respectfully submitted: Assistant Director Wastewater Prepared by: Heather Goins Pretreatment Program Manager EXHIBIT1 ORDINANCE NO. 2012-________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REVISING THE FATS, OILS AND GREASE CONTROL PROVISIONS CONTAINED IN CHAPTER 26 OF THE DENTON CODE OF ORDINANCES, RELATING TO UTILITIES, AND HEREBY REPEALING SECTIONS 26-190 AND 26-191 OF THE DENTON CODE OF ORDINANCES; AND HEREBY ADOPTING ARTICLE XII LIQUID WASTE, DIVISIONS 1, 2, 3 AND 4; PROVIDING FOR THE PURPOSE AND POLICY OF THE ORDINANCE; PROVIDING FOR THE INCORPORATION BY REFERENCE OF THE PROVISIONS AND RECITATIONS CONTAINED IN THE PREAMBLE OF THE ORDINANCE INTO THE ORDINANCE; PROVIDING FOR THE APPLICABILITY AND PROHIBITIONS OF THE ORDINANC PROVIDING FOR DEFINITIONS PROMULGATED IN SECTION 26-153 OF THIS CHAPTER; PROVIDING FOR OTHER DEFINITIONS; PROVIDING FOR INSTALLATIONS OF GREASE TRAPS FOR NEW FACILITIES AND EXISTING FACILITIES; PROVIDING FOR RESPONSIBILITIES OF PERSONS SUBJECT TO THE ORDINANCE; PROVIDING FOR THE REQUIREMENT OF A PERMIT; PROVIDING FOR MANIFEST REQUIREMENTS FOR PERSONS WHO GENERATE, COLLECT, AND TRANSPORT GREASE INTERCEPTOR AND GRIT TRAP/OIL WASTE; PROVIDING FOR RESPONSIBILITIES FOR EACH GREASE INTERCEPTOR OR GRIT-TRAP/OIL SEPARATOR THAT IS PUMPED; PROVIDING FOR ABATEMENT OF VIOLATIONS; PROVIDING THAT THE CITY MANAGER OR HIS DESIGNEE MAY SEEK ANY AND ALL ENFORCEMENT REMEDIES NECESSARY TO ENSURE CONTINUED COMPLIANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A MISDEMEANOR PUNISHMENT OF NOT-TO-EXCEED $2,000 PER DAY FOR VIOLATIONS OF THIS ORDINANCE FOR ANY PROVISION OF THE ORDINANCE THAT GOVERNS THE PUBLIC HEALTH AND SANITATION, OR FAILS TO COMPLY THEREWITH OR WITH ANY REQUIREMENTS THEREOF, OR A PERMIT OR CERTIFICATE ISSUED THEREUNDER; PROVIDING A CIVIL PENALTY NOT-TO-EXCEED $5,000 PER DAY FOR VIOLATIONS OF THIS ORDINANCE THAT RELATES TO POINT SOURCE EFFLUENT LIMITATIONS, OR THE DISCHARGE OF POLLUTANT, OTHER THAN NON-POINT SOURCE, INTO A SEWER SYSTEM, INCLUDING A SANITARY OR STORM WATER SEWER SYSTEM OWNED BY THE CITY; PROVIDING THAT ANY PERSON OR ENTITY VIOLATING THIS ORDINANCE SHALL BE DEEMED GUILTY OF A SEPARATE OFFENSE FOR EACH AND EVERY DAY OR PORTION THEREOF DURING WHICH ANY VIOLATION OF THIS ORDINANCE IS COMMITTED, OR CONTINUED; TOGETHER WITH OTHER DESIGNATED LEGAL AND EQUITABLE REMEDIES THAT ARE AVAILABLE TO THE CITY; PROVIDING FOR PUBLICATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore recently enacted Ordinance No. 2011-103 on st the 21 day of June, 2011 relating to the discharge of wastewater to the publicly-owned treatment works as prescribed in Article V of Chapter 26 of the Denton Code of Ordinances; and the City Council, by this ordinance, is revising the Fats, Oil and Grease control provisions which Page 1 of 18 are included in the Denton Code of Ordinances to create a Fats, Oil and Grease ( FOG ) Control Program, and WHEREAS, the main focus of a FOG Control Program is to prevent the pollutants from entering the sanitary sewer, thereby reducing the need to employ costly reactive approaches; said program is designed to control commercial sources, such as food service establishments, track all disposals by liquid waste hauling companies, and conduct outreach for citizens and commercial facilities; and WHEREAS, effectively identifying and characterizing the major sources of fats, oil and grease in the City will result in a more effective utilization of municipal resources; and help diminish the likelihood of Sanitary Sewer Overflows ( SSO ); and WHEREAS, this ordinance provides for the 25% rule which is the industry consensus; said 25% rule is also found in the Texas Commission on Environmental Quality - Model Ordinance as well as the Plumbing and Drainage Institutes Model Ordinance; said 25% rule states that a trap or interceptor works efficiently to control grease discharges to the sanitary sewer until the effluent side of the trap contains 25% or more s trap; if a trap contains more than 25% solids in the effluent chamber, efficiency is greatly decreased, thus allowing for increased FOG discharges into the sewer; and WHEREAS, the Texas Water Code, Section 26.176(a) provides that cities owning a disposal system are empowered, and shall, enact and enforce rules, ordinances, orders, or regulations to control and regulate the type, character, and quality of waste to be discharged into the sewer disposal system, in order to protect the health and safety of personnel who maintain and operate the disposal system, and to prevent unreasonable adverse effects on the disposal system; and WHEREAS, the Public Utilities Board of the City of Denton, Texas has considered this proposed ordinance at an open meeting on the 11th day of June, 2012 and recommended approval of the ordinance by a vote of five members for approval, and none against; and WHEREAS, the Staff has previously conducted a public meeting on this proposed ordinance on the 22nd day of March, 2012 to obtain the input of residents and to answer any questions or concerns about said proposed ordinance, after notice was duly posted for the same; and WHEREAS, the City Council hereby finds that this ordinance provides for reasonable measures which prevent or minimize sanitary sewer overflows, and is necessary and appropriate for the public health and welfare; and WHEREAS, the City Council of the City of Denton, Texas finds that the proposed amendments to Article XII. of Chapter 26, of the Code of Ordinances to be in the best interest of the residents of the City of Denton, Texas; NOW, THEREFORE, Page 2 of 18 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The provisions and recitations stated in the preamble herein ar incorporated by reference herewith as a part of this ordinance. SECTION 2. Section 26-190 Wastewater discharges requiring traps and Section 26- 191, Wastewater discharge from transport trucks of Division 3, Use of Public Sewers, Article V, Indirect Discharge Into Sanitary Wastewater System, Chapter 26 Utilities , of the Code of Ordinances, City of Denton, Texas, are hereby repealed. SECTION 3. Article XII, entitled Liquid Waste of Chapter 26, Utilities, of the Denton Code of Ordinances, is hereby enacted by the Denton City Council, which provisions provide for the following: Article XII. LIQUID WASTE DIVISION I. GENERALLY 26-304 Purpose and Policy. 1)This ordinance sets forth uniform requirements for liquid waste generators and liquid waste transporters operating in the City of Denton, Texas and enables the city to comply with all applicable State and Federal laws and regulations, including the Clean Water Act (33 United States Code § 1251 et seq.) 2)The objectives of this Article are: a)To aid in the prevention of sanitary sewer overflows resulting from blockages and obstructions due to the accumulation of fats, oils, and greases from commercial and industrial facilities, b)To promote the proper maintenance of grease interceptors and grit traps; and, c)To ensure the proper handling, disposal, transport and tracking of trap waste and other liquid waste. 26-305. Applicability and Prohibitions. 1)This ordinance shall apply to all Users of the Publicly Owned Treatment Works (POTW), as defined in Section 26-153 of this Chapter. 2)Grease traps or grease interceptors shall not be required for residential users. 3)Facilities generating fats, oils, or grease as a result of food manufacturing, processing, preparation, or food service shall install, use, and maintain appropriate grease traps as required in Section 26-307 of this Chapter. These facilities include but are not limited to restaurants, food manufacturers, food processors, hospitals, hotels, motels, schools, nursing Page 3 of 18 homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption. 4)It shall be unlawful for a user to intentionally or unintentiona petroleum oil, non-biodegradable cutting oil, mineral oil, or any fats, oils, or grease of animal or vegetable origin into the POTW in concentrations greater than those promulgated in Article V, Chapter 26, of the City of Denton Code of Ordinances. 5)It shall be unlawful to discharge trucked or hauled pollutants, except as deemed suitable and at discharge points designated by the City Manager. 6)It shall be unlawful for a person to create a public nuisance. 26-306. Definitions. 1)The definitions promulgated in Section 26-153 of this Chapter are hereto applicable. Approved - 2) means accepted as satisfactory under the terms of this article and given formal and official sanction by the City of Denton. Assistant City Manager - Utilities - means the chief executive officer of the utility department of the City of Denton or his/her authorized deputy, agent or representative. Car Wash means establishments primarily engaged in cleaning, washing, and automotive vehicles, such as passenger cars, trucks, vans, and trailers and are categorized by North American Industry Classification System number 811192 and by Standard Industrial Classification number 7542. Chemical Oxygen Demand (COD) - means the value of the test for Chemical Oxygen Demand, as analyzed in accordance with 40 CFR §136.3. City Manager means the chief executive officer of the City of Denton, or his/ authorized assistant city manager, deputy, agent or representative. Director - means the Director of Water Utilities of the City of Denton, which may include a person appointed by the Director of Water Utilities or his autho representative. Disposal The discharge, deposit, release, injection, dumping, spilling, leaking, or placing of any liquid waste into or on any land or water so that such waste or any constituent thereof may enter the environment, be emitted into the air or discharged to any sewers or waters, including ground waters. Disposal Site A permitted site or part of a site at which liquid waste is processed, treated, and/or intentionally placed into or on any land and at which the closure. Disposer A person who receives, stores, retains, processes, or disposes of liquid waste. Page 4 of 18 Fat, Oil, and Grease (FOG) - means organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as grease or greases. Food Service Facility - means every food preparation and food service establishment including, but not limited to bakeries, bars, butcher shops, cafes, clubhouses, delicatessens, ice cream parlors, hospitals, hotels, restaurants, schools, or similar places where meat, poultry, seafood, dairy products, or fried foods are prepared, served, or offered for sale, but shall not apply to any single-family residence or dwelling not used for the commercial preparation and sale of food items. Generator - means any person who causes, creates, generates, or otherwise produces liquid waste, or a person who for any reason has a liquid waste removed from his property by a transporter of liquid waste. Grease Interceptor (or Grease Trap ) - means a device designed to use differences in specific gravities to separate and retain light density liquids, waterborne fats, oils, and greases prior to the wastewater entering the sanitary sewer collection system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection system. Grease Interceptor Waste - means any organic, inorganic, greasy or fatty liquid, semi- liquid, and/or solid wastes collected by and removed from a grease trap. Grit Trap/Oil Separatoror Grit Trap ) ( means a watertight receptacle designed and constructed to intercept and prevent the passage of petroleum based oil, grease wastes and solids into the sanitary sewer system to which the receptacle is directly or indirectly connected. Grit Trap Waste - means oil and grease waste, inorganic solids generated by a commercial facility that are collected by and removed from a grit trap. Liquid Waste means water-borne solids and liquids containing dissolved or suspended waste material including but not limited to septage and wastes from grease traps and grit traps. Hazardous Waste means any liquid, semi-liquid or solid waste (or combination of wastes), which because of its quantity, concentration, physical, chemical or infectious characteristics may: a.Have any of the following characteristics; toxic, corrosive, and irritant, a strong sensitizer, flammable or combustible, explosive or otherwise capable of causing substantial personal injury or illness; Page 5 of 18 b.Pose a substantial hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the administrator, U.S. Environmental Protection Agency (EPA) pursuant to the Federal Solid Waste Disposal Act , as amended by the: Resource Conserva Act of 1976 (RCRA), and as it may be amended in the future. Manifest means the written multi-part documentation required to be in the transporter enabling disposal of hauled grit trap waste, grease trap waste, and septage at a permitted or registered disposal site. Manifest System - means a system consisting of a five-part trip ticket used to do generation, transportation and disposal of liquid waste. Person - means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. Public Nuisance - means the discharge or exposure of grease, sewage or other organic waste in such a way as to be a potential instrument or medium in disease transmission to a person or between persons. Septage means liquid waste and sludge containing sufficient liquid content, which is removed from a portable toilet, chemical toilet, septic tank, or cesspool. Septage does not include non-domestic wastes from commercial or industrial facilities. TCEQ means the Texas Commission on Environmental Quality, and its predecessor and successor agencies. Transporter any person who is registered with and authorized by the TCEQ to transport sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap waste, or grease trap waste in accordance with 30 Texas Administrative Code, Chapter 312, Subchapter G, Section 312.42. Trip Ticket means the shipping document originated and signed by the transporter that contains the information required by the approving authority. Washwater means the water-borne solids, liquids, gaseous substances or other residue and debris resulting from a washing or cleaning process. Washwater shall not be discharged to the storm sewer, and may require pretreatment before being discharged to the sanitary sewer. Washwater operation means any cleaning process generally conducted outdoors, such as washing vehicles, equipment, structures, or paved surfaces for maintenance, safety, aesthetic or stormwater pollution prevention purposes, and which generates washwater. Examples would include cleaning of petroleum products from parking lots or service station drives, mobile washing operations or equipment/vehicle washing, which does not drain to a grit trap. Page 6 of 18 DIVISION 2. LIQUID WASTE GENERATORS 26-307. Installations. 1)New Facilities. a)Food processing facilities or food service facilities which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist, shall be required to design, install, operate and maintain a grease trap in accordance with locally adopted plumbing codes or other applicable ordinances. Grease traps shall be installed and inspected prior to issuance of a certificate of occupancy. b)Facilities which perform washing, cleaning, or servicing of automobiles, trucks, buses, or similar equipment which are newly proposed or constructed with floor drains in areas of operation, shall be required to design, install, operate and maintain a grit trap/oil separator in accordance with locally adopted plumbing codes or other applicable ordinances and guidelines as required by the City Manager. Grit traps/oil separators shall be installed and inspected prior to issuance of certificate of occupancy. 2)Existing Facilities. a)Existing grease traps or grit traps/oil separators must be opera accordance with the manufacturers recommendations and in accordance with these standards referenced herein, unless specified in writing and approved by the POTW. Other commercial users may be required by the City Manager to install an approved grease trap, grit trap/oil separator when the concentration of oil, grease waste or suspended solids is greater than concentrations promulgated in A the City of Denton Code of Ordinances or when discharges may cause blockages in the wastewater collection system. b)Existing food processing or food service facilities that change in ownership, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist or where there is an inadequately sized grease interceptor, shall be required to design, install, operate and maintain a grease interceptor in accordance with locally adopted plumbing codes, or other applicable ordinances. Grease interceptors shall be installed and inspected prior to the issuance of a certificate of occupancy and a health permit. c)Existing facilities which perform washing, cleaning, or servicing of automobiles, trucks, buses, or similar equipment with floor drains in the areas of operation that change in ownership, or are expanded or renovated to include floor drains in areas of operation shall be required to design, install, operate and maintain a grit trap/oil separator in accordance with locally adopted plumbing codes, or other applicable ordinances. Grit traps/oil separators shall be installed and inspected prior to the issuance of a certificate of occupancy. Page 7 of 18 3)A generator shall install a sample port to allow access to sample the wastestream as close as possible to the connection with the city sanitary sewer main within the bounds of the facility property. The port shall be installed according to the specifications of the City Manager. The port shall be installed and maintained at the users expense. The port shall be installed perpendicular to the effluent flow to allow visual observation and sampling. 4)Grease interceptors and grit traps/oil separators shall be insta certificate of occupancy. No person or persons shall allow the use of a single interceptor or trap by more than one business as defined by a certificate of occupancy without prior written approval. 26-308. Responsibilities. 1)A generator of liquid waste shall have all liquid waste material picked up from his premis by a liquid waste transporter who holds a valid permit from the city, and the liquid waste shall be transported to an approved site for disposal. 2)Cleaning Schedule. a)Grease interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of that the discharge is in compliance with local wastewater discharge limits; and, to ensure that no visible grease is observed in the discharge. b)Grease interceptors shall be completely evacuated at a minimum of every ninety (90) days, or more frequently when: i)Twenty-five percent (25%) or more of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases; ii)The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant established by the City Manager; or, iii)If there is a history of noncompliance. 3)Grit traps/oil separators shall be completely evacuated based on one of the two following schedules: a)At a minimum of every 180 days, or b)At a frequency determined by the owner/operator if all of the fo practices are employed: i)At a minimum of once per week, all facilities with a grit trap must routinely check and perform preventive maintenance as required on all connections, valves, hoses, chemical storage containers, drains, and other equipment necessary to prevent an accidental release or slug discharge of chemicals. Page 8 of 18 ii)At a minimum of once per month, all facilities with a grit trap must routinely check the level of sediment in each grit trap in order to determine a maintenance schedule that will facilitate consistent compliance with all discharge limits and requirements. iii)All self-service and coin-operated car wash facilities must post an area that is clearly visible to the public, directing customers not to dispose of oils or chemical wastes at the facility. iv)All facilities must document the best management practices, including routine checks, preventive maintenance and repair logs, and maintain grit trap maintenance records for a minimum of three years. v)If at any time, the above practices are not being employed or the required documentation is not available for review, the owner/operator will be required to perform maintenance on the grit trap(s) immediately and once every 180 days thereafter. 4)Any person who owns or operates a grease interceptor may submit to the City Manager a request in writing for an exception to the required pumping freq interceptor. The City Manager may grant an extension for required cleaning frequency on a case-by-case basis when: a)The grease interceptor owner/operator has demonstrated the specific interceptor will produce an effluent with no visible grease, and based on defensible analytical results, can demonstrate consistent compliance with established local discharge limits such as BOD, TSS, FOG, or other parameters as determined by the POTW; and, b)Less than 25 percent of the wetted height of the grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases. 5)The City Manager may also require traps to be serviced on a single-event basis or scheduled basis if deemed necessary for the proper operation of the grease interceptor or grit trap/oil separator. 6)In the event that the establishment ceases operation, the establishment is required to pump the interceptor or trap before abandoning the property. If the owner of the business fails to empty the interceptor or trap, it shall become the responsibility of the property owner. 7)A generator of liquid waste shall not have hazardous waste or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a city permit. 8)A generator shall verify the accuracy of the trip ticket from the transporter and then legibly complete and sign the trip ticket, to certify the statements on picked up by the transporter. The generator shall keep a copy of all trip tickets for a period of Page 9 of 18 three years at the site of generation, unless otherwise approved. The City Manager may inspect and copy these records at any time. 9)A generator shall: a)Provide equipment and facilities of a type and capacity approved by the city; b)Locate the interceptor or trap in a manner that provides ready and easy accessibility for cleaning and inspection; and c)Maintain the trap in effective operating condition. d)Not install or utilize any system, process or pretreatment involving the use of enzymes, bacteria, or other additives, nor alter the design or function of the grease interceptor or grit trap/oil separator unless approved in writing by the City Manager. e)Supervise proper cleaning and complete removal of the contents of the trap. 10)A generator shall maintain the grease interceptor or grit trap/oil separator and its surrounding areas in sanitary conditions, free of litter and odors. 11)A generator shall immediately report spills and accidents involving liquid waste to the City Manager. 12)A generator shall clean up all spills and abate all unsanitary c have material used for abatement, such as absorbent materials, disposed of by approved means and in a timely manner. 13)A generator of washwater or other liquid waste shall: a)Contain, collect and dispose of liquid waste by approved means; b)Protect the storm sewer system and the environment from discharges of liquid waste or other contaminants; c)Use approved methods for on-site or mobile treatment of liquid waste; and, d)Accurately measure, by approved means, the volume of liquid waste collected and disposed of by the transporter. 14)Rates for sampling and/or analysis. Should any sampling and/or analysis be required by City Staff pursuant to any provision in this ordinance provided for generators, then the published rate for Sampling/Analysis Charges that is contained in the annual City of Denton Wastewater Rate Ordinance, Schedule SEE ( Equipment Services Facilities and Restaurants & Food Services Establishments Wastewater Service ) is applicable and will be charged and shall be paid by the generator. Page 10 of 18 DIVISION 3. LIQUID WASTE TRANSPORTERS 26-309. Permit Required. 1)Permit Required. All persons owning or operating a vacuum truck, cesspool pump truck, liquid waste transport truck or other vehicle shall not service any septic tank, seepage pit, grease interceptor, grit trap/oil separator, or cesspool without first having received a valid transport truck discharge (TTD) permit or as required in Section 24-69 of this Code, whichever is applicable. 2)Permit Fee. TTD permits shall be issued by the City Manager upon proper application and payment of a fee established by the city council and on file in the office of the City Secretary. All TTD permits shall be valid for one (1) year. 3)Unloading or discharge of waste or wastewater. It shall be unlawful for any person to unload or discharge waste or wastewater except in a manner and at a place as specified by the City Manager. Before discharging under a TTD permit, the City Manager may require the person holding such permit to furnish a sample of the contents of the material to be discharged as a prerequisite to discharging into the wastewater system. The City Manager may refuse permission to discharge abnormal strength wastewater into the wastewater system. 4)Rates for discharge. Any person discharging waste under a TTD permit under the provisions of this section or under section 24-69 of this Code, will be charged and shall pay disposal fees based on the applicable published rate for disposal contained in the current City of Denton Wastewater Rate Ordinance in Schedule SCH (Schedule for Septage & Chemical Toilet Disposal at the Pecan Creek Water Reclamation Plant Septage Transfer Facility), or under the current City of Denton Solid Waste Rate Ordinance in Schedule SWP (Collection and Transportation Services Permit). 5)Rates for sampling and/or analysis. Should any sampling and/or analysis be required by City Staff for any service provided for in a TTD permit, then the published rate for Sampling/Analysis Charges that is contained in the annual City of Denton Wastewater Rate Ordinance, Schedule SEE (Equipment Services Facilities and Restaurants & Food Services Establishments Wastewater Service ) is applicable and will be charged and shall be paid by the holder of the TTD permit. 26-310. Manifest Requirements. 1)Persons who generate, collect, and transport grease interceptor and grit trap/oil separator waste shall maintain a record of each individual collection and deposit. Such records shall be in the form of a manifest. The manifest shall include: a)Name, address, telephone, and TCEQ registration number of transporter; b)Name, signature, address, and telephone of the person who generated the waste and the date collected; c)Type and amount(s) of waste collected or transported; Page 11 of 18 d)Name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste; e)Date and place where the waste was deposited; f)Identification (permit or site registration number, location, and operator) of the facility where the waste was deposited; g)Name and signature of the facility on-site representative acknowledging receipt of the waste; h)The volume of the waste received; i)A consecutive numerical tracking number to assist transporters, waste generators, and regulating authorities in tracking the volume of grease transported. 2)Transporters shall obtain manifests from the City of Denton. 3)Manifests shall be divided into five parts and records shall be maintained as follows. a)One part of the manifest shall have the generator and transporter information completed and is given to the generator at the time of waste pickup. b)The remaining four parts of the manifest shall have all required information completely filled out and signed by the appropriate party before distribution of the manifest. One part of the manifest shall go to the receiving facility. One part shall go to the transporter, who shall retain a copy of all manifests showing the collection and disposition of waste. One part of the manifest shall be returned by the transporter to the person who generated the wastes within fifteen (15) days after the waste is received at the disposal or processing facility. One part of the manifest shall go to the City of Denton Pollution Control Abatement Officer. Copies of manifests returned to the waste generator shall be retained for three years and be 4) readily available for review. 26-311. Responsibilities. 1)Each grease interceptor or grit trap/oil separator that is pumpe unless the trap volume is greater than the tank capacity on the vacuum truck in which case the transporter shall arrange for additional transportation capa evacuated within a twenty four (24) hour period, in accordance with 30 Texas Administrative Code, Chapter 312, Section 312.143. DIVISION 4. Abatement of Violations 26-312. Enforcement actions. Page 12 of 18 1)Notice of Violation. When the City Manager finds that a generator or transporter has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City Managermay serve upon that generator or transporter a written notice of violation. Within the timeframe specified in this notice, which is usually but not explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the City Manager. Submission of this plan in no way relieves the generator or transporter of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the City Manager to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. 2) Administrative Orders. a)Compliance Orders. When the City Manager finds that a generator or transporter has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City Manager may issue an order to the generator or transporter responsible for the discharge directing that the generator or transporter come into specified time. If the generator or transporter does not come into compliance within the time provided, sewer service may be discontinued or a permit issued pursuant to this Chapter may be revoked. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the generator or transporter of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the generator or transporter. b)Cease and Desist Orders. When the City Manager finds that a generator or transporter has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the generator's or transporters past violations are likely may issue an order to the generator or transporter directing it to cease and desist all such violations and: i)Immediately comply with all requirements; and ii)Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. 3)Service of notice or order. Any notice or order issued under this article shall be in writing and served in person or by registered or certified mail on the generator or transporter of the liquid waste or other persons determined to be responsible for such violation. Issuance of a cease Page 13 of 18 and desist order shall not be a bar against, or a prerequisite for, taking any other action against the generator or transporter. 4)Appeals. Any person may appeal an order of the City Manager by f appeal with the City Manager on forms provided by the City of Denton Utilities Administration Office. Such notice of appeal shall be filed with the City Secretary within (10) days of service of the order. 5)Termination of service and revocation of permit. If no timely appeal is filed, the City Manager may, if a violation is continuing or reoccurring or may reoccur, terminate wastewater service or revoke the permit of the person ordered to correct or abate such violation if such violation has not been corrected or abated within the time specified in such order. 6)Emergency suspension of service. a)Suspension. The City Manager may, without prior notice, suspend water service, sanitary sewer service and/or storm sewer access to a user or to a person discharging to the sanitary sewer or storm sewer when such suspension is necessary in the opinion of the City Manager to stop an actual or threatened discharge which: i)Presents or may present imminent substantial danger to the envir provided by the health or welfare of persons; ii)Presents or may present imminent substantial danger to the POTW, storm sewer or waters of the state; or iii)Will cause pass through or interference of the POTW. b)Notice of suspension. As soon as is practicable after the suspension of service, the City Manager shall notify the user or the person discharging to the wastewater or storm sewer of the suspension, and order such person to cease the discharge immediately. c)Reinstating service. The City Manager shall reinstate suspended wastewater user or to the person discharging to the storm sewer: i)Upon proof by such person that the non-complying discharge has been eliminated; ii)Upon payment by such person of its outstanding water, sewer and stormwater utility charges; iii)Upon payment by such person of all costs incurred by the city in responding to the discharge or threatened discharge; and iv)Upon payment by such person of all costs incurred by the city in reconnecting service. Page 14 of 18 d)Written statement. Within five (5) days of the day of suspension wastewater user or the person discharging to the storm sewer shall submit to the City Manager a detailed written statement describing the cause of the discharge and the measures taken to prevent any future occurrence. 7)Right to hearing. A person whose service has been suspended under this section may apply to the department which suspended service for a hearing on the issue of the suspension. The hearing shall be conducted in accordance with subsection (9) of this section. 8)Other steps. If a person fails to comply with a notice or order issued under this section, the City Manager shall take such steps as it deems necessary to prevent or minimize damage to the storm sewer, POTW or waters of the state, or to minimize danger to persons. Such steps may include immediate severance of a person's sanitary sewer connection. 9)Hearing and determination. a)An environmental appeals committee is hereby established and authorized to hear and decide appeals from any order issued by the City Manager pursuant to this article. The committee shall be composed of three (3) members appointed by the City Manager. No individual appointed to the committee shall be employed in the chain of command of the Assistant City Manager - Utilities. b)The committee may call and hold hearings, administer oaths, rece hearing, and make findings of fact and decisions with respect to administering its powers in this chapter. c)Upon the hearing, the committee shall determine if there is substantial evidence to support the City Managers determination and order. The decision of the committee shall be in writing and contain findings of fact. If the committee, determines that there is substantial evidence to support the determination and order of the City Manager, the committee shall, in addition to its decision, issue an order: i)Requiring discontinuance of such violation or condition; ii)Requiring compliance with any requirement to correct or prevent any condition or violation; or iii)Suspending or revoking any permit issued under this article. iv)In any decision and order issued by the committee, the order shall specify the time in which the compliance with the order must be taken. A copy of the decision and order shall be delivered to the appellant or person to whom the order is directed in person or sent to him by registered or certified mail. d)Should the appellant fail to comply with the order of the committee within the time specified therein, if any, the City Manager, in addition to any other remedy provided for in this article, may terminate sewer service to the appellant. Page 15 of 18 26-313. Penalties. 1)A person who violates any provision of this article shall, upon conviction by the municipal court, be punished as provided in section 1-12 of the "General Provisions" chapter of this Code. 2)The City Attorney is authorized to commence an action for appropriate legal or equitable relief in a court of competent jurisdiction. Such relief may include, without limitation: a)An injunction to prevent a violation of this chapter; b)Recovery for damages to the POTW or storm sewer resulting from a violation of this chapter; c)Recovery for expenses incurred by the city in responding to a violation of this chapter; d)A daily civil fine of up to the maximum provided by Texas Local Government Code 54.017(b) for a violation of sections 26-304 through 26-311; and all other damages, costs and remedies to which the city may be entitled. Page 16 of 18 SECTION 4. It is hereby declared to be the intention of the City Council of the City of Denton, Texas, that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portion despite any such invalidity. SECTION 5. Any person or entity who shall violate any provision of this ordinance that governs the public health and sanitation, or fails to comply therewith or with any requirements thereof, or a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a daily fine of not-to-exceed two thousand dollars ($2,000) per day, as provided by Section 54.001(b) of the Texas Local Government Code; and SECTION 6. Any person or entity who shall violate any provision of this ordinance that relates to point source effluent limitations, or the discharge of a pollutant, other than from a non- point source, into a sewer system, including a sanitary or storm sewer system owned by the City, shall be guilty of and subject to a daily civil penalty not to exceed the sum of five thousand dollars ($5,000) per day, as provided by Section 54.017(b) of the Texas Local Government Code; and SECTION 7. Each such person or entity shall be deemed guilty of a separate each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction or adjudication of any such violations such person shall be punished within the limits provided for herein. SECTION 8. This ordinance shall become effective fourteen (14) days from the date of its passage. The City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this ____ day of ______________, 2012. ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: Page 17 of 18 JENNIFER WALTERS, CITY SECRETARY By: ___________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________ Page 18 of 18 AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a .07 acre tract; (II) a utility and slope easement encumbering a 0.07 acre tract; (III) a utility and drainage easement encumbering a 0.01 acre tract; (IV) a drainage easement encumbering a .03 acre tract; (V) a slope easement encumbering a a temporary construction, grading and access easement encumbering a 0.08 acre tract, all tracts located in the City of Denton, Denton County, Texas, and situated in the O.S. Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described on Exhibit A , attached hereto and made a part hereof, located generally in the 2200 block of South Bonnie Brae Street (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 Christopher M. Watts (the Owner ) to purchase the Property interests for the Purchase Price of Nine Thousand Three Hundred Twenty Two Dollars and No Cents ($9,322.00), and other consideration, as prescribed in the Purchase Agreement (the Agreement ), as attached hereto and made a part hereof as Exhibit B ; authorizing the expenditure of funds therefore; and providing an effective date. (Parcel 24 - Bonnie Brae Widening and Improvements project) BACKGROUND The City Council considered and approved an initial offer to purchase the captioned land rights 00 on March 6, 2012 for the purchase price of $9,322.. That initial offer to purchase land rights was extended to Mr. Watts on March 13, 2012 via certified mail. There has been ongoing dialogue and correspondence with Mr. Watts, however, there is a variance of beliefs in respect to the appraisers opinion of value and ostensible affect of roadway expansion upon the parent tract. Integra Realty Resources has provided a real estate appraisal report in regard to Mr. Watts property tracts and the land rights necessary for the Project. recommended final offer to purchase. Approval of the ordinance under consideration authorizes staff to extend a Final Offer to Mr. Watts for the captioned land rights necessary for the road widening project. 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) March 6, 2012 (initial offer to purchase Ordinance 2012-061) FISCAL INFORMATION The overall Bonnie Brae Widening and Improvements project is bei 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 $9,322. plus closing costs as prescribed in the Agreement are to be funded through a combination of these funding sources. BID INFORMATION Not applicable EXHIBITS 1.Location Map Respectfully submitted, 2.Ordinance Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager EXHIBIT 2 attachment to AIS AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an ordinance authorizing the execution of a Purchase Agreement (herein so called), as attached hereto and made a part hereof as Exhibit A , by and between the Marvin Henderson Estate Trust, as Owner, and the City of Denton, Texas, as Buyer, regarding the sale and purchase of (I) fee simple to a 34.92 acre tract situated in the James Edmonson Survey, Abstract No. 400 and the S. Pritchett Survey, Abstract No. 1004; and (II) a drainage easement encumbering a 0.42 acre tract situated in the James Edmonson Survey, Abstract No. 400, all tracts located in the City of Denton, Denton County, Texas, as more particularly described in the Purchase Agreement, located generally in the 3400 block of South Bonnie Brae Street (the Property Interests ), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway for the purchase price of Three Hundred Fourteen Thousand Eight Hundred Sixty Nine Dollars and No Cents ($314,869.00), and other consideration, as prescribed in the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date. (Bonnie Brae Widening and Improvements project BACKGROUND The City Council considered and approved an initial offer to purchase the captioned land rights 00 on May 1, 2012, for the purchase price of $314,869.. Offer to purchase was made to the Owner thereafter and the Owner has requested some changes to the language within the Purchase Agreement. The Owner does not possess the executive rights for the development of minerals regarding the 34.92 acre tract. Purchase Agreement terms were modified in this respect. Also, Owner requested language specific to the disposition of roll- back taxes and a hard closing date of November 7, 2012, which we has agreed to purchase price. Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase transaction with the property owner. 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) City Council May 1, 2012 (initial offer to purchase Ordinance 2012-095) FISCAL INFORMATION The overall Bonnie Brae Widening and Improvements project is bei 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 $314,869. plus closing costs as prescribed in the Agreement are to be funded through a combination of these funding sources. BID INFORMATION Not applicable EXHIBITS 1.Location Map Respectfully submitted, 2.Ordinance Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager EXHIBIT 2 attachment to AIS AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 1.364 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 hereto and made a part hereof, located generally in the 1000 block of South Mayhill Road (the Property Interests ), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to J.G. Duncan and wife, Frances Duncan (collectively , th property interests for the purchase price of Eighty Three Thousand Six Hundred Eighty Dollars and No Cents ($83,680.00), and other consideration, as prescribed in the Purchase Agreement (the Agreement ), as attached hereto and made a part hereof as Exhibit B ; authorizing the expenditure of funds therefor; and providing an effective date. (Parcel M100 Mayhill Road Widening and Improvements project) BACKGROUND The City Council considered and approved an initial offer to purchase the captioned land rights 00 on June 5, 2012 for the purchase price of $83,680.. That initial offer to purchase land rights was extended to Mr. and Mrs. Duncan on July 10, 2012 via certified mail. There has been dialogue and correspondence with Mr. and Mrs. Duncan, however, there is a variance of beliefs in respect to the appraisers opinion of value. Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the Duncan property tract and the land rights necessary for the Project. Their findings constitute the present offer to purchase. There are no major improvements located within the proposed acquisition tract, only fencing and driveway paving materials. Approval of the ordinance under consideration authorizes staff to extend a Final Offer to Mr. and Mrs. Duncan for the captioned land rights necessary for the road widening project. 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) June 5, 2012 (initial offer to purchase Ordinance 2012-127) 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 $83,680. 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 AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an ordinance authorizing the execution of a Purchase Agreement (herein so called) attached hereto and made a part hereof as Exhibit A , by and between Youvonne Matzinger and the Estate of Philip Hardy Matzinger, deceased, as owner, and the City of Denton, Texas, as Buyer, regarding the sale and purchase of fee simple to a 0.019 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the City of Denton, Texas, located generally in the 1000 block of South Mayhill Road (the Property Interests ), for the public use of expanding and improving Mayhill Road, a municipal street and roadway, for the purchase price of Three Thousand Six Hundred Dollars and No Cent consideration, as prescribed in the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project Parcel 102) BACKGROUND The City Council considered and approved an initial offer to purchase the captioned land rights 00 on June 5, 2012, for the purchase price of $2,418.. Offer to purchase was made to owner thereafter and Owner has countered with the captioned purchase amount as settlement of the matter. Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase transaction with the property owner. 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) City Council June 5, 2012 (initial offer to purchase Ordinance 2012-128) 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 $3,600. 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 AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.398 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit A , attached hereto and made a part hereof, located generally in the 1100 block of South Mayhill Road (the Property Interests ), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Leroy Barber and Lucy I. Barber, Trustees of the Leroy Barber and Lucy I. Barber Family Trust, dated May 18, 1994 (the Owner ) to purchase the Property Interests for the purchase price of Fifty 00 Five Thousand Dollars and No Cents ($55,000.), and other consideration, as prescribed in the Purchase Agreement (the Agreement ), as attached hereto and made a part hereof as Exhibit B ; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Parcel M115 Mayhill Road Widening and Improvements project) BACKGROUND The City Council considered and approved an initial offer to purchase the captioned land rights 00 on May 15, 2012 for the purchase price of $55,000.. That initial offer to purchase land rights was extended to the Leroy Barber and Lucy I. Barber Family Trust on May 24, 2012 via certified mail. There has been dialogue and correspondence with family members of Mrs. Lucy Barber, however, there is a variance of beliefs in respect to the appraisers opinion of value. Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the Barber Family Trust property tract and the land rights necessary for the Project. Their findings constitute the present offer to purchase. Situated within the Fee Tract acquisition area is a mobile home, presently under residential lease. The Project requires removal of the mobile home and consequently displacement of the occupying tenants. As per state statute changes precipitated by the passage of Senate Bill 18, the occupants of the mobile home situated within the subject acquisition tract are entitled to a Residential Relocation Assistance benefit package, separate and apart from the land rights acquisition initiative. An element to the change in state law requires condemning authorities to formally establish a relocation assistance program in conformance with the Federal Un and Real Property Acquisitions Policy Act of 1970, 42 U.C.S.A. 4601 et. seq., and regulations promulgated pursuant thereto (49 CFR §§24.1-24.603), as each may be amended from time to time (the Federal Act ). The Denton City Council, at the meeting of April 17, 2012, adopted Ordinance 2012-073 to satisfy that requirement. Approval of the ordinance under consideration authorizes staff to extend a Final Offer to Leroy Barber and Lucy I. Barber Family Trust for the captioned land rights necessary for the road widening project. 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) May 15, 2012 (initial offer to purchase Ordinance 2012-103) FISCAL INFORMATION The overall Mayhill Road Widening and Improvements project is being funded with a combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP 08) funds and City of Denton local match funds. The purchase 00 offer price of $55,000. plus closing costs, as prescribed in the Agreement. BID INFORMATION Not applicable EXHIBITS 1.Location Map Respectfully submitted, 2.Ordinance Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an Ordinance finding that a public use and necessity exists to acquire fee simple to a 1.968 acre tract in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit A , attached hereto and made a part hereof, located generally in the 1200 block of South Mayhill Road (the Property Interests ), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Haeussler Properties, LP (the Owner ) to purchase the property interests for the purchase price of Two 00 Hundred Eleven Thousand Five Hundred Dollars and No Cents ($211,500.), as prescribed in the Contract of Sale (the Agreement ), as attached hereto and made a part hereof as Exhibit B ; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Parcel M120 Mayhill Road Widening and Improvements project) BACKGROUND The City Council considered and approved an initial offer to purchase the captioned land rights 00 on May 15, 2012 for the purchase price of $211,500.. That initial offer to purchase land rights was extended to Haeussler Properties, LP on June 28, 2012 via certified mail. There has been dialogue and correspondence with Haeussler Properties, LP, however, there is a variance of beliefs in respect to the appraisers opinion of value. Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the Haeussler Properties, LP property tract and the land rights necessary for the Project. Their findings constitute the present offer to purchase. Situated within the Fee Tract acquisition area is a residential structure, presently unoccupied. The Project requires removal of the residential structure. As per state statute changes precipitated by the passage of Senate Bill 18, future occupancy of the residential structure may accrue entitlements in respect to a Residential Relocation Assistance benefit package, separate and apart from the land rights acquisition initiative. An element to the change in state law requires condemning authorities to formally establish a relocation assistance program in conformance with the Federal Un and Real Property Acquisitions Policy Act of 1970, 42 U.C.S.A. 4601 et. seq., and regulations promulgated pursuant thereto (49 CFR §§24.1-24.603), as each may be amended from time to time (the Federal Act ). The Denton City Council, at the meeting of April 17, 2012, adopted Ordinance 2012-073 to satisfy that requirement. Approval of the ordinance under consideration authorizes staff to extend a Final Offer to Haeussler Properties, LP for the captioned land rights necessary for the road widening project. 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) May 15, 2012 (initial offer to purchase Ordinance 2012-107) FISCAL INFORMATION The overall Mayhill Road Widening and Improvements project is being funded with a combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP 08) funds and City of Denton local match funds. The purchase 00 offer price of $211,500. plus closing costs, as prescribed in the Agreement. BID INFORMATION Not applicable EXHIBITS 1.Location Map Respectfully submitted, 2.Ordinance Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) a sanitary sewer easement encumbering a 0.438 acre tract, and (II) a temporary construction, grading and access easement, encumbering a 0.134 acre tract, all tracts located in the Gideon Walker Survey, Abstract Number 1330, City of Denton, Denton County, Texas as more particularly described on Exhibit A , attached hereto and made a part hereof, located generally in the 3900 block of South Interstate Highway 35 East (the Property Interests ), for the public use of expanding and improving the municipal sanitary sewer system; authorizing the City Manager or his designee to make an offer to Mahogany Run Investments, L.P., a Texas limited partnership (the Owner ) to purchase the property interests for the Purchase Price of Two Hundred Ninety One Thousand Three Hundred Forty Four Dollars and No Cents ($291,344.00), and other consideration, as prescribed in the Easement 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. (State School Sanitary Sewer Interceptor Project Phase II - Parcel 4). BACKGROUND In accord with the current State School Sanitary Sewer Interceptor Project Phase II, staff is undertaking the identification of the additional land rights nec construction and operation of the proposed sanitary sewer system improvements. AR\WS Appraisal LP 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 tracts owned by Mahogany Run Investments, L.P., the project requires the acquisition of permanent Sanitary Sewer Easement to accommodate the installation of the proposed sanitary sewer facilities, and also a Temporary Construction, Grading and Access Easement is necessary to provide work space for the utility cont construction. AR\WS Appraisal LP has provided a real estate appraisal report in regard to property owned by Mahogany Run Investments and the land rights necessary for the Project. Their findings constitute the present offer to purchase. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) August 13, 2012 - Public Utility Board recommends approval (4-0). FISCAL INFORMATION The funding allocated for the State School Sanitary Sewer Interceptor Project is included in 00 Bond Funds outlined within the Exhibit 3 attachment. The purchase offer price of $291,344. plus closing costs as prescribed in the Agreement are to be funded through the sources identified. BID INFORMATION Not applicable EXHIBITS 1.Location Map 2.Site Map 3.CIP Detail Sheet-State School Interceptor II 4.PUB minutes August 13, 2012 5. Ordinance Respectfully submitted, Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager EXHIBIT 1-Attachment to AIS CITY OF DENTON LANDFILL DENTON REGIONAL MEDICAL CENTER LOCATION MAP STATE SCHOOL SAN. SEWER PHASE II MAHOGANY RUN TRACT EXHIBIT 2-Attachment to AIS TEMP. CONST. EASEMENT SAN. SEWER EASEMENT SITE MAP STATE SCHOOL SAN. SEWER PHASE II MAHOGANY RUN TRACT EXHIBIT 3-Attachment to AIS DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 August 13, 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, August 13, 2012 at 9:03 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, Billy Cheek, Barbara Russell, and Randy Robinson 11 12 Absent Excused: John Baines, Phil Gallivan, and Leonard Herring 13 14 Ex Officio Members: Howard Martin, ACM Utilities, George Campbell, City Manager 15 CONSENT AGENDA: 16 17 18 5)Consider a recommendation for City Council to adopt an Ordinance finding that a public use 19 and necessity exists to acquire (I) a sanitary sewer easement encumbering a 0.438 acre tract, 20 and (II) a temporary construction, grading and access easement, encumbering a 0.134 acre 21 tract, all tracts located in the Gideon Walker Survey, Abstract Number 1330, City of Denton, 22 Denton County, Texas as more particularly described on Exhibit A , attached hereto and 23 made a part hereof, located generally in the 3900 block of South Interstate Highway 35 East 24 (the Property Interests ), for the public use of expanding and improving the municipal 25 sanitary sewer system; authorizing the City Manager or his designee to make an offer to 26 Mahogany Run Investments, L.P., a Texas limited partnership (the Owner ) to purchase the 27 property interests for the Purchase price of two hundred ninety one thousand three hundred 28 forty four Dollars and No Cents ($291,344.00), and other consideration, as prescribed in the 29 Easement Purchase Agreement (the Agreement ), as attached hereto and made a part hereof 30 as Exhibit B ; authorizing the expenditure of funds therefor; and providing an effective 31 date. (State School Sanitary Sewer Interceptor Project Phase I 32 A motion to approve item 5 was made by Board Member Robinson with a second by Board 33 Member Cheek. The vote was 4-0. 34 35 36 Adjournment 12:07pm EXHIBIT 5 attachment to AIS EXHIBIT "A" - to Ordinance (Property Interests) EXHIBIT "A" - to Ordinance (Property Interests) EXHIBIT "B" - to Sanitary Sewer Easement EXHIBIT "B" - to Temporary Construction, Grading and Access Easement AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a first amendment of right-of-way use and license agreement, by and between the City of Denton ( City ) and Wells Fargo Bank Texas, N.A. ( Wells Fargo ), amending that certain right-of-way use and license agreement, between the City and Wells Fargo, dated April 4, 2006, granting Wells Fargo rights to utilize certain City rights-of-way located generally at the southwest corner of the intersection of East Walnut Street and South Austin Street, as more particularly described therein; and providing an effective date. BACKGROUND Wells Fargo Bank has made a formal request for authorization to install additional private electric facilities within public street right-of-way, by way of amending existing License th Agreement, dated on April 4, 2006, Ordinance 2006-083. Wells Fargo Bank is plans to install a new ATM drive-thru at 117 E. Walnut Street. Their planned improvements require new electrical service. The electrical improvements will be privately owned and maintained by Wells Fargo Bank. OPTIONS 1. Recommend approval of the Ordinance 2. Do not recommend approval RECOMMENDATION Staff endorses approval of the Ordinance. ESTIMATED PROJECT SCHEDULE September 2012 PRIOR ACTION/REVIEW Development Review Committee FISCAL INFORMATION Wells Fargo shall be responsible for all costs related to their activities, including restoration of the street pavement, as stipulated in the Agreement. Exhibits 1. Location Map 2. Request letter from Wells Fargo Bank 3. Ordinance Respectfully submitted, ___________________________________________ Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by: ____________________________________________ Mark A. Laird Right-of-way Agent Real Estate and Capital Support DENTON DOWNTOWN SUBJECT AREA NTS EXHIBIT 1 LOCATION MAP attachment to AIS EXHIBIT 2 attachment to AIS EXHIBIT 3 attachment to AIS AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Contract for Sale of Real Estate (Contract), by and between the City of Denton, Texas 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 southeast corner of the intersection of East McKinney Street and Oakland Street, as more particularly described therein, for the purchase price of Seven Hundred Seventy Nine Thousand Eight Hundred Ninety Five and No/100 Dollars (779,895.00); and providing an effective date. BACKGROUND In spring of 2011, Denton County offered for public sale the subject 2.00 acre tract and solicited bids via public auction method, the City Denton being the sole bidder. Denton County officials thereafter have been evaluating the disposition of the subject 2.00 acre tract, in respect to the timing of when a Purchase and Sale contract would be effected, given their ongoing need to use a portion of buildings situated on the 2.0 acre tract for storage, pending the completion of new buildings at their State Highway Loop 288 campus. Thereafter, the City has performed reasonably extensive environmental review and testing regarding the subject 2.00 acre tract and has developed a better understanding of what measures will be in play to mitigate the traditional historical uses associated with downtown property tracts in well established cities. The property tract is located in close proximity to City of Denton lands and an acquisition of the tract by the City would complement the programming and operations of Main City Hall, the Civic Center and Quakertown Park. Also, a purchase would also provide space to accommodate ancillary municipal purposes and/or serve as a catalyst for future transit oriented development. Denton County desires to enter into a Contract for Sale for the subject 2.0 acre tract with the City of Denton and agree to the terms outlined in the Contract for Sale of Real Estate referenced herein. OPTIONS 1.Recommend approval of the Ordinance 2.Do not recommend approval RECOMMENDATION Staff endorses approval of the Ordinance. Agenda Information Sheet August 21, 2012 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Closed Session Briefing on March 8, 2011. City Council Closed Session Briefing on April 5, 2011. City Council Closed Session Briefing on April 19, 2011. Resolution 2011-013 Offer to Purchase Contract. City Council Closed Session Briefing on July 19, 2011. City Council Closed Session Briefing on August 2, 2011. City Council Closed Session Briefing on February 7, 2012. Ordinance 2012-063 on March 6, 2012 added provisions for environmental review and timing of closing and funding event. Ordinance 2012-114 on May 22, 2012, extension of environmental review period to August 31, 2012 and authorize City Manager to negotiate terms. City Council Closed Session Briefing on August 14, 2012. FISCAL INFORMATION 00 Purchase Price is $779,895. EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted, Paul Williamson Real Estate Manager Luster to Denton County Coleman to Denton County Volume 695, Page 371 Volume 651, Page 569 Deed Records, Denton County, Texas Deed Records, Denton County, Texas Operations Building 1,800 sq. ft. Old County Tax Office 1 Story Bldg. Approx. 6,800 sq. ft. Storage 800 sq. ft. Stone to Denton County Volume 666, Page 504 Mays to Denton County Deed Records, Denton County, Texas Volume 705, Page 438 Deed Records, Denton County, Texas 400 sq. ft. Evers to Denton County Volume 690, Page 704 520 sq. ft. Deed Records, Denton County, Texas Bldg. House Kerley to Denton County 1,800 Volume 685, Page 234 1,500 sq. ft. sq. ft. Deed Records, Denton County, Texas AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal Year 2011- 12 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Health Insurance Fund of one million four hundred twenty eight thousand, two hundred fifty one dollars ($1,428,251) from the original budget amount of eighteen million, five hundred twenty four thousand, eight hundred sixty two dollars ($18,524,862) to nineteen million, nine hundred fifty three thousand, one hundred thirteen dollars ($19,953,113) to provide for additional expenditure authority related to health care claims and fees; declaring a municipal purpose, providing a severability clause; providing an open meetings clause; and providing an effective date. The Audit Finance Committee recommends approval (2-0). BACKGROUND The most significant expenditures in the Health Insurance Fund are related to providing health In Fiscal Year 2011-12, the budgeted amount for health benefit costs will not be sufficient to cover the anticipated expenses. Health benefit costs are higher than projected due to a variety of reasons. The City of Denton has a self-funded health plan which is administered by United Healthcare (UHC). UHC increased their per employee per month (PEPM) administration fee by four percent (4%). This was an unexpected increase by UHC going into the last year of their contract with the City. Secondly, the City opened the Employee Health Center (clinic) in December of 2011. The clinic provides primary medical care at no cost to those employees, retirees, and dependents that are 8, 2012, approximately 3,400 patient appointments have been provided at the clinic and 753 employees have completed a Health Risk Assessment (HRA). The HRA includes a comprehensive blood draw and 40 minute follow-up appointment with the clinic. As a result of the clinic making health care more accessible, Program (HIP) incentivizing employees to get the HRA done, many employees are discovering health conditions (high blood pressure, high cholesterol, heart disease, diabetes, cancer, thyroid issues, etc.) that had been previously undiagnosed. While this translates into more health plan members seeking medical and pharmaceutical treatment, this short term increase in cost will be much less than if these conditions continued to go undiagnosed and untreated and resulted in a catastrophic medical event and/or led to chronic health problems. Agenda Information Sheet August 21, 2012 Page 2 through June 30, 2012. During this time the City has had fewer catastrophic claims (claim costs over $175,000) in Fiscal Year 11/12 (0) than we did in Fiscal Year 10/11 (3). However, the City has seen an increase in the number of claims between $25,000 and $125,000. From January 1 through June 30, 2011, the City had 33 plan members with claims cost in this range, totaling $1,619,860. For this same period in 2012, the City has 48 plan members with claims cost in this range, totaling $3,019,890; an increase of $1,400,030. Additionally the City added a benefit for bariatric surgery beginning January 2012. To date, 23 patients have applied for the program with 18 qualifying for some form of surgical intervention. The total cost through June for the bariatric surgery benefit has been $73,582. This Budget Amendment will allow the Health Insurance Fund additional expenditure authority to provide for these costs. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) This information was presented to the Council Audit and Finance Committee during their meeting on August 7, 2012. The Committee agreed (2-0) to recommend approval of this Budget Amendment to the full Council. FISCAL INFORMATION Staff requests that the Health Insurance Fund expenditure budget be increased by $1,428,251 from $18,524,862 to $19,953,113. With this increased expense and other revenue increases, fund balance is expected to decline by $1,065,183 from $4,536,722 to $3,471,539 in the Health Insurance Fund for Fiscal Year 2011-12. For the Fiscal Year 2012- Budget, a six percent (6%) increase in City contributions to the Health Insurance Fund is proposed. Additionally, staff is currently evaluating employee/retiree rate and plan design changes for the coming year. These changes and their associated financial impact will be provided to the City Council in the near future. EXHIBITS 1.Total Health Claims Cost Comparison Fiscal Year 10/11 Versus Fiscal Year 11/12 2.Ordinance Respectfully submitted: Bryan Langley CFO and Director of Strategic Services 9ãwz,z· · I; ·w / z /· /¦ ©z a·w· I; ·w / z /· FY 10/11FY 11/12Difference October$1,038,370$1,306,506$268,136 November$974,202$1,045,182$70,980 December$1,008,939$1,748,302$739,363 January$1,060,428$1,329,095$268,667 February$1,064,995$1,216,732$151,737 March$1,335,763$1,614,786$279,023 April$1,287,784$1,230,161-$57,623 May$990,902$1,516,010$525,108 June$1,277,963$1,488,055$210,092 TOTAL Å Å Å r r AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal Year 2011- 12 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Traffic Safety Fund of four hundred sixty thousand eight hundred eighty four dollars ($460,884) from the original budget amount of three hundred seventy seven thousand dollars ($377,000) to eight hundred thirty seven thousand eight hundred eighty four dollars ($837,884) to provide for additional expenditure authority related to red light camera costs; declaring a municipal purpose, providing a severability clause; providing an open meetings clause; and providing an effective date. The Audit/Finance Committee recommends approval (2-0). BACKGROUND Traffic Safety Fund revenue consists of all the red light camera violations that are paid each month. Expenditures from the Traffic Safety Fund are established by the City contract with the Red Light Camera vendor (Redflex) and Chapter 707 of the Texas Transportation Code. Under the contract, a flat monthly fee is paid to the vendor for each individual camera. Under Chapter 707, the City pays for the actual costs of the operation of the system (contract and employee expenses). After subtracting these costs, the remaining revenue after expenses must be split between the City of Denton and the State of Texas. The remaining 50% retained by the City is deposited into the Traffic Safety Fund. The vendor contract contains otects the City in the event that monthly revenues are less than the monthly fees for the cameras. In the event of such a shortage, the unpaid balance is carried over each month by the vendor until the revenues are sufficient to generate a payment. Beginning in 2007, the red light program went into cost neutrality. At the time the FY 2011-12 Budget was prepared, the program was operating under the cost neutrality clause. In 2011, the City installed and activated three additional cameras. The vendor also retrofitted the detection equipment on the existing cameras. The result was an increased ability to capture violations, and thus an increase in paid violations. By early 2012, the red light camera program had repaid the cost neutrality balance. FY 2011-12 projections now indicate a significant increase in revenue over the initial budget, and a related increase in expenditures to pay the camera contract and the 50% portion to the State of Texas. Agenda Information Sheet August 21, 2012 Page 2 PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Audit/Finance Committee reviewed this item on August 7, 2012, and recommended approval (2-0). FISCAL INFORMATION Staff requests that the Traffic Safety Fund expenditure budget be increased by $460,884 from $377,000 to $837,884. Respectfully submitted: Bryan Langley CFO and Director of Strategic Services AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT 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 penalty in the maximum amount of $2000.00 for violations thereof severability and an effective date. (Z11-0026) The Planning and Zoning Commission recommends approval (7-0). This item was postponed from the July 17, 2012 City Council meeting. BACKGROUND The applicant, GreatVine Ministries, proposes to rezone the subject property with the intent to rehabilitate the existing structures and allow for Assisted Living, a form of Elderly Housing per Subchapter 23 of the Denton Development Code (DDC). The current zoning district for the property is Neighborhood Residential 3 (NR-3), which does not permit Elderly Housing. The zoning district sought is Neighborhood Residential Mixed-Use 12 (NRMU-12) subject to a restrictive overlay. The subject property is unplatted and was originally developed between 1963-1965 as the Fairhaven nursing home. The subject facility operated as a nursing home from its opening in 1965 until use of the facility was discontinued in 2009 and the Department of Housing and Urban Development (HUD) foreclosed on the property. GreatVine Ministries purchased the property from HUD in May 2011. The zoning designation of the subject property at the time it was originally developed is unknown as the City has no zoning map of that time. However, City records indicate that in 1969, the property was zoned as both Multiple Family District Restricted (MF-1), and Single Family Dwelling District (SF-7). Neither of these zoning districts permitted nursing homes. Nonetheless, a Certificate of Occupancy (CO) was issued by the City in 1970 for the use of the structure as a nursing home. Based upon the issuance of this CO, and lacking any evidence to the contrary, staff is treating the nursing home as a nonconforming use. Agenda Information Sheet August 21, 2012 Page 2 In February 2002, with adoption of the DDC, the property was rezoned NR-3 as part of a City- wide rezoning, which does not permit Elderly Housing or nursing homes. The nursing home use on the subject property discontinued around June 19, 2009 after defaulting on loan payments to HUD, and HUD took action to relocate tenants. A foreclosure recommendation was sent internally by HUD on October 14, 2009 and notices were sent to the owner of the violations and default on December 17, 2009. DDC Section 35.11.5.1.A.1 states: use is discontinued for six (6) months or more, all nonconforming rights shall cease, and the use of the premises shall be in conformance with this Subchapter and all applicable codes of the City. mean that the property or structure is vacant and no attempt to market the property is observable on the property or from the exterior of any structure, or that the property or structure is vacant and City taxes owned on property are delinquent. The Board may grant a special exception to this provision only if the owner can show there was a clear intent not to abandon the use even through the use may have been discontinued for six (6) The nursing home was vacant for over six (6) months, and staff has no evidence of any attempts to observably market the property during the foreclosure proceedings. In May 2011, GreatVine Ministries purchased the subject property with the intent of operating an Assisted Living facility. The applicant has chosen to move forward with a rezoning of the property to NRMU-12 to accommodate the proposed Elderly Housing use. It is noteworthy to mention that the subject buildings on the property were designed by Arch Swank, who . The subject property, 2400 N. Bell Avenue, and its structures do not have a local, state or national historic designation. At the public hearing on February 22, 2012, the P&Z approved a motion to postpone consideration of the rezoning request (6-0) to a date certain of March 14, 2012. After closing the public hearing and the motion, Commissioner Lyke suggested the applicant hold another neighborhood meeting, and prepare any overlay conditions and present those conditions at the March 14, 2012 P&Z meeting. The applicant chose not to hold a subsequent public meeting and did not provide staff with any overlay restrictions on behalf of their applicant. At their public hearing on March 14, 2012, the P&Z recommended approval of the rezoning request subject to a restrictive overlay, restricting uses. The restrictions on the proposed uses were further restricted by the City Council at their meeting on April 17, 2012. At the City Council meeting on April 17, 2012, the Council directed staff to further restrict the overlay district; to remove all uses that could potentially be permitted with an SUP within the proposed NRMU-12 zoning district and for staff to research the attributed architect of the Fairhaven structures. The restrictive overlay, as requested by Council, is provided below in chart format and the requested research is provided in Exhibit 11. Agenda Information Sheet August 21, 2012 Page 3 At the City Council meeting on May 15, 2012, the Council directed the applicant to meet with residents to reach common ground regarding the potential preservation of the Fairhaven Retirement Home as it exists today. The applicant has declined to hold another neighborhood meeting and has instead proffered two additional conditions of approval to address area resident concerns. The proposed conditions are as follows: 1.The exterior appearance of the structure shall not be altered, excepting maintenance (including window replacement), without City Council approval. 2.The height and exterior appearance of the structure shall not be altered, excepting maintenance (including window replacement), without City Council approval. Additionally, a letter of support to the City of Denton Planning and Zoning Commission was sent by the Denton County Historical Commission urging preservation of the Fairhaven Retirement Home is included as Exhibit 12. At the City Council meeting on July 17, 2012, the Council directed Legal and Planning staff to draft language that would allow the proposed Elderly Housing use to continue on the subject property and ensured that preservation of the façade. Staff offers the following conditions along with the use restrictions provided in table form below: 1. The exterior façade of the tructure shall not be altered, except for maintenance, without City Council approval. 2. The height of the Structure shall not be altered, except for maintenance, without City Council approval. 3. In connection with the restoration, rehabilitation or improvements to the Structure, the property owner shall submit a site plan and building elevations for any proposed alterations or maintenance to the exterior façade and height of Structure. The site plan and building elevations shall be reviewed by Staff in accordance with the Staff Review Procedure outlined in Section 35.3.7 of the Denton Development Code (DDC). After the Structure has been restored, rehabilitated or improved, any future maintenance, as defined in Paragraph 5, will not require a site plan and building elevations. The property owner will only need to advise Staff of the maintenance activity proposed so that Staff may verify that the activity is not an alteration. 4. Staff shall have the authority to approve a site plan and building elevations, as described in Paragraph 3, that propose only maintenance to the exterior façade or to the height of the structure. Any proposed alteration to the exterior Agenda Information Sheet August 21, 2012 Page 4 façade or height of the Structure shall be approved by City Council at a public meeting. Staff shall review and make recommendations to the City Council. 5. - The repair, replacement, or stabilization of deteriorated or damaged architectural features to the following functional exterior components of the Structure: doors, windows, color, roof, brick and trim, and includes any work that does not change the design, material color or outward appearance of the Structure. Also included as maintenance are alterations necessary to meet applicability accessibility standards, or to otherwise facilitate use by the elderly, or other persons with impaired mobility. All such maintenance, to the extent practicable with modern materials, methods, components, shall endeavor to preserve the appearance of the original façade 6. - Any construction, renovation or improvement that changes the NRMU- NR-3 Residential Land Use Categories 12 Agriculture P P Livestock L(7) L(7) Single Family Dwellings P P SUP Accessory Dwelling Units N L(1) Attached Single Family Dwellings SUP N Dwellings Above Businesses N N Live/Work Units N N N Duplexes N Community Homes For the Disabled P P N Group Homes N N Multi-Family Dwellings N Manufactured Housing Developments N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Agenda Information Sheet August 21, 2012 Page 5 NRMU- NR-3 Commercial Land Use Categories 12 Home Occupation P P Sale of Products Grown on Site N N Hotels N N Motels N N Bed and Breakfast N N Retail Sales and Service N N Movie Theaters N N Restaurant or Private Club N N Drive-through Facility N N N Professional Services and Offices N Quick Vehicle Servicing N N Vehicle Repair N N Auto and RV Sales N N Laundry Facilities N N Equestrian Facilities N N Outdoor Recreation P N Indoor Recreation N N Major Event Entertainment N N Commercial Parking Lots N N Administrative or Research Facilities N N Broadcasting of Production Studio N N Sexually Oriented Business N N N Temporary Uses L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Agenda Information Sheet August 21, 2012 Page 6 NRMU- NR-3 Industrial Land Use Categories 12 Printing / Publishing N N Bakeries N N Manufacture of Non-odoriferous Foods N N Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial N N Incinerators, Transfer Stations SUP Gas Wells N L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Agenda Information Sheet August 21, 2012 Page 7 NRMU- NR-3 Institutional Land Use Categories 12 Basic Utilities L(25) L(25) Community Service N N Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges SUP N Business / Trade School N N N Adult or Child Day Care SUP N Kindergarten, Elementary School SUP N Middle School N High School N N Colleges N N Hospital N N Elderly Housing N L(13) Medical Centers N N Cemeteries N N Mortuaries N N WECS (Free-standing Monopole Support SUP N Structure) WECS (Building-mounted) SUP N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 The following define the limitations to zoning uses when the zon permitted, but limited L(7) = Limited to two (2) animals on parcels one (1) to three (3) ac may be added at a rate of one per each acre over three. L (13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. Agenda Information Sheet August 21, 2012 Page 8 L(25) = If proposed use is within 200 feet of a residential zone, appr Permit. Agenda Information Sheet August 21, 2012 Page 9 OPTIONS 1.Recommend approval as submitted. 2.Recommend approval subject to conditions. 3.Recommend denial. 4.Postpone consideration. 5.Table item. RECOMMENDATION APPROVAL The Planning and Zoning Commission recommends of this rezoning request, subject to a restrictive overlay district (7-0). APPROVAL The Development Review Committee recommends of this rezoning request. PRIOR ACTION/REVIEW 1.City Council July 17, 2012 2.City Council May 15, 2012 3.City Council April 17, 2012 4.Planning and Zoning Commission March 14, 2012 5.Planning and Zoning Commission February 22, 2012 Agenda Information Sheet August 21, 2012 Page 10 EXHIBITS 1. 2.Site/Location Map 3.Existing Site Plan 4.Existing Zoning Map 5.Proposed Zoning Map 6.Future Land Use Map 7.Notification Information 8.Site Photographs 9.Letter From Applicant 10.Notice of Public Hearing Responses 11.Requested Research 12.Letter from the Denton County Historical Commission, June 8, 2012 13.Planning and Zoning Commission, February 22, 2012, Meeting Minutes 14.Planning and Zoning Commission, March 14, 2012, Meeting Minutes 15.City Council, April 17, 2012, Meeting Minutes 16. City Council, May 15, 2012 Meeting Minutes 17.Ordinance Prepared by: Erica Marohnic, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP, CPM Director of Planning and Development EXHIBIT 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEEE STAFF REPORT P&Z Date: February 22, 2012 & Type: Rezoning March 14, 2012 CC Date: April 17, 2012, May 15, 2012, Project #: Z11-0026 July 17, 2012 & August 21, 2012 Project Number: Z11-0026 Request: Rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district on approximately 3.3 acres. Applicant: Spring Brook Planning Group Larry Reichhart 2405 Mustang Drive Grapevine, TX 76051 Property Owner: GreatVine Ministries 729 Grapevine Highway Hurst, TX 76054 Location: The property is located east of Bell Avenue, approximately 500 feet north of the northeast intersection of Sherman Drive and Bell Avenue and is approximately 185 feet south of Sunrise Cove. Size: 3.3 acres Zoning Designation: Neighborhood Residential 3 (NR-3) Future Land Use: Existing Land Use Case Planner: Erica Marohnic, AICP APPROVAL DRC The Development Review Committee recommends of Recommendation: this rezoning request. P&Z Recommendation APPROVAL The Planning and Zoning Commission recommends of this rezoning request, subject to a restrictive overlay district. Summary of Analysis: The subject property is currently developed with two one-story brick structures totaling approximately 29,317 sq. ft., a parking area adjacent to Bell Avenue, concrete walkways through the property and several wood decks. The property is also unplatted. GreatVine Ministries proposes to rezone the subject property with the intent to rehabilitate the existing structures for an Assisted Living Facility, a form of Elderly Housing. The requested NRMU-12 zoning district would permit Elderly Housing with an L (13) limitation: L (13) = Uses are limited to no more than fifty-five thousand (55,000) square feet of gross floor area per square lot. The existing conditions of the property are in compliance with the L (13) limitation as well as the density, bulk, dimensional and setback requirements for NRMU-12 (Exhibit 3). The zoning district sought would allow the historical use for Elderly Housing to be reinstated and for rehabilitation and possible future expansion. The potential for other uses of the property would occur with rezoning to an NRMU-12 district including: attached single-family dwelling units, dwelling above businesses, live/work units, duplexes, a bed and breakfast, retail sales and services, professional service and offices, laundry facilities, semi-public halls, clubs and lodges, adult or child day cares, kindergarten or elementary schools or a middle school. The following uses would be permitted if a Specific Use Permit (SUP) were sought, group homes, multifamily dwellings and outdoor recreation. The proposed rezoning is compatible with the underlying future land use category and DDC. Future platting and construction may be anticipated with approval of the rezoning and rehabilitation of the site. The following is a comparison of permitted uses between the NR-3 and NRMU-12 zoning districts: NRMU- NR-3 Residential Land Use Categories 12 Agriculture P P Livestock L(7) L(7) Single Family Dwellings P P SUP Accessory Dwelling Units L(1) L(1) Attached Single Family Dwellings SUP P Dwellings Above Businesses N P Live/Work Units N P Duplexes N P Community Homes For the Disabled P P Group Homes N SUP Multi-Family Dwellings N L(4) Manufactured Housing Developments N N NRMU- NR-3 Commercial Land Use Categories 12 Home Occupation P P Sale of Products Grown on Site N N Hotels N N Motels N N Bed and Breakfast N L(10) Retail Sales and Service N L(15) Movie Theaters N N Restaurant or Private Club N N Drive-through Facility N N Professional Services and Offices N L(14) Quick Vehicle Servicing N N Vehicle Repair N N Auto and RV Sales N N Laundry Facilities N P Equestrian Facilities N N Outdoor Recreation P SUP Indoor Recreation N N Major Event Entertainment N N Commercial Parking Lots N N Administrative or Research Facilities N N Broadcasting of Production Studio N N Sexually Oriented Business N N Temporary Uses L(38) L(38) NRMU- NR-3 Industrial Land Use Categories 12 Printing / Publishing N N Bakeries N N Manufacture of Non-odoriferous Foods N N Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial N N Incinerators, Transfer Stations SUP SUP Gas Wells L(27) L(27) NRMU- NR-3 Institutional Land Use Categories 12 Basic Utilities L(25) L(25) Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges SUP L(15) Business / Trade School N N Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P High School N N Colleges N N Hospital N N Elderly Housing N L(13) Medical Centers N N Cemeteries N N Mortuaries N N WECS (Free-standing Monopole Support SUP SUP Structure) WECS (Building-mounted) SUP SUP The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L (1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1.The proposal must conform to the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4.One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential (13) L (4) = Multi-family is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or 5.If allowed by a City Council approved neighborhood (small area) plan. L (7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L (10) = All restrictions of L (8), but limited to no more than 5 guest units. L (13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L (14) = Uses are limited to no more than 10,000 square feet of gross floor area. L (15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L (27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L (38) = Must meet the requirements of Section 35.12.9. 35.5.2.3 General Regulations. General regulations of the Residential Neighborhood land use zon The following limits apply to subdivision of 2 acres or less: NRMU- NR-3 General Regulations 12 Minimum lot area (square feet) 10,000 3,500 Minimum lot width 60 feet 30 feet Minimum lot depth 80 feet 80 feet 15 feet Minimum front yard setback 10 feet L(2) Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet Minimum rear yard 10 feet 10 feet The following limits apply to subdivision of more than 2 acres in lieu of mini NRMU- NR-3 General Regulations 12 Maximum density, dwelling units per acre 3.5 12 Minimum side yard for non-attached 6 feet 10 feet buildings The following limits apply to all buildings: NRMU- NR-3 General Regulations 12 Maximum lot coverage 50% 60% Minimum landscaped area 55% 40% Maximum building height 40 feet 40 feet Maximum WECS height 55 feet 55 feet 10 feet 15 feet plus 1 plus 1 foot for foot for each each Minimum yard when abutting a single- foot of foot of family use or district building building height height above above 20 feet 20 feet Recreational Center on Thursday, January 19, 2012. There were approximately nine persons in attendance consultant included a presentation of the history of the property and why the applicant was seeking a rezoning. Issues asked and discussed by meeting attendees included maintenance of the property specific to the ditch between Fairhaven and the subdivision to the north, questions related to why TWU had not purchased the property for student housing, the appeal option for the applicant to the Zoning Board of Adjustment for a Special Exception, neighborhood protection, purview of the Historic Landmark Commission over the property/structures, architecture to the Denton community, support from the Bell Avenue Conservation Historic District for a Special Exception but not for a blanket rezoning and the possibility of the property redeveloping for multifamily student housing. A second neighborhood meeting was not held by the applicant after the February 22, 2012 P&Z hearing. Findings of Fact 1.The applicant is requesting to rezone approximately 3.3 acres from a Neighborhood residential 3 (NR-3) to a Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district. The subject property is located within the Existing Land Use future land use category. 2.The property is unplatted. There are two structures, the most western structure is approximately 14,927 sq. ft. and the second structure behind it is approximately 14,390 sq. ft. Each building is one story in height. The property has been historically utilized as a nursing home. 3.Prior to the adoption of the DDC in 2002, the subject site had a split zoning of Multiple Family District Restricted (MF-1) and Single Family Dwelling District (SF-7). 4.The purpose of the Existing Land Use Districts is defined by the Denton Plan as, Within established residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. 5.Land Use categories within the Neighborhood/Residential districts include Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12) and Neighborhood Residential Mixed-Use (NRMU). 6.Adequate public facilities shall be a criterion by which zoning is granted. 7.The subject site is not located within an Overlay, Historic or Conservation District. 8.There is one planned public improvement for sanitary sewer within the subject property boundaries The Capital Improvements Plan, currently in the design stage, involves the replacement of the existing gravity sewer that goes through the southern portion of this property. This existing pipe is 6-inches and the proposed pipe will be 8-inches. 9.There are no identified environmentally sensitive areas located on site. 10.Bell Avenue is classified as an improved perimeter street. 11.Additional right-of-way will be required to serve future development. 12.An existing 12-inch potable water main is along Bell Avenue and will continue to serve the property. 13.An existing 6-inch gravity sewer line is available along and eastern property line and will continue to serve the property. 14.Anticipated water demand is approximately 46 gallons per minute (GPM). 15.Anticipated wastewater demand is approximately 29 GPM. 16.Anticipated storm water demand is approximately 23 cubic feet per second (CFS). 17.Anticipated transportation demand is approximately 277 trips per day. 18.Expansion of existing facilities will not be required for rehabilitation of the subject property. Off-site improvements and/or right-of-way dedication may be required if intensity of proposed future uses necessitates. Planning and Zoning Commission Recommendation APPROVAL The Planning and Zoning Commission recommends of this rezoning request, subject to a restrictive overlay district. APPROVAL The Development Review Committee recommends of this rezoning request. Development Review Committee Based upon the information provided by the applicant, staff analysis and a recent site visit, the IS Development Review Committee finds that with the recommended conditions the request CONSISTENT IS with the surrounding land uses and general character of the area, CONSISTENT IS CONSISTENT with the Denton Plan, and with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of this rezoning request. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Neighborhood Residential Mixed-Neighborhood Residential 4 (NR-4) Neighborhood Residential 3 (NR-3) Use 12 (NRMU-12) Sunrise Cove Addition Calvary United Pentecost Fox Fire Apartments (Single-family) (Religious) (Multifamily) West: Subject Property East: Neighborhood Residential 3 (NR-3) Neighborhood Residential 3 (NR-3) Neighborhood Residential Mixed- and Neighborhood Residential Former Fairhaven Use (NRMU) Mixed-Use 12 (NRMU-12) (formerly Elderly Housing) Undeveloped and former Piggly Gateway United Baptist Church and Wiggly Grocery Store Pinecrest Apartments (Vacant and Commercial) (Religious and Multifamily) Southwest: South: Southeast: Neighborhood Residential Mixed-Neighborhood Residential Mixed-Neighborhood Residential Mixed- Use 12 (NRMU-12) Use 12 (NRMU-12) Use (NRMU) Gardenview Garden Apartments Trinity Presbyterian Church Former Piggly Wiggly Grocery (Vacant and Multifamily ) (Religious) Store (Commercial) Source: City of Denton Geographical Information System and site visit by City staff Summary of Surrounding Zoning Designations and Current Land Use Activity: The area within a ¼ mile radius of the property is comprised of approximately 149 acres. Within this ¼ mile radius of the property are a range of uses from each land use category of the DDC, such as commercial, government, religious, single-family, multifamily and undeveloped property. There are approximately 7.058 acres of commercial land; approximately 0.063 acres classified as government; approximately 10.743 acres classified as religious; approximately 5.621 acres classified as undeveloped, approximately 90.459 acres classified as single-family; and approximately 35.400 acres classified as multifamily. Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies The Denton Development Code states the purpose of the Existing Land Use/Infill Compatibility is to, development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and The historical and proposed use of the property and the existing and proposed zoning districts are consistent with the Goals, Objectives and Strategies of the Denton Plan. Zoning Allocation: The site includes approximately 3.3 acres zoned NR-3. The rezoning case would affect the zoning allocation of the NR-3 and NRMU-12 zoning districts within the City. Currently, there is approximately 3,806.768 acres of land within the city that is zoned NR-3. If the appli proposal is approved, the NR-3 allocation within the city will decrease to 3,803.468 acres. The NRMU-12 allocation within the city will increase from 1,179.547 acres to approximately 1,182.847 acres. Zoning Allocation Current Allocation Proposed Allocation Zoning District (acres) (acres) NR-3 3,806.768 3,803.468 (Existing and Proposed) NRMU-12 1,179.547 1,182.847 (Existing and Proposed) Nearest Elementary, Middle, and High School If future development of the site was not age restricted, according to the Denton Independent School District (DISD), Ginnings Elementary School, Strickland Middle School and Denton High School are the schools that school-aged children would attend. The functional capacity for Denton High School is unknown at this time. Name of School Approximate Distance From Subject Property Ginnings Elementary 1.5± miles School Strickland Middle 0.6 ± miles School Denton High School 1.6± miles Nearest Fire and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMS Fire Station # 4 (2110 E. Sherman Drive) 1.48 miles ± Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 3.3 ± acres Proposed Demand or No) Permitted Density 12 du/acre for NRMU-12 Yes Potable Water Consumption (GPM 46 (peak hour) Yes at peak hour) Wastewater Generation (GPM at 29 (peak hour) Yes peak hour) B. Available Capacity: The anticipated water demand for this development is approximately 46 GPM at peak hour. Water is currently available from the existing 12-inch main along Bell Avenue. The existing 16- inch main along portion of the western property line is not available for service taps. Sewer is available from existing gravity 6- property line and a portion of the eastern property line. The existing water and sewer mains to serve this property have adequate capacity. C. Capital Improvements Projects (CIP) Planned Improvements: There is a CIP currently in the design stage involving the replacement of the existing gravity sewer that goes through the southern proportion of this site. The existing pipe size is 6-inches and the proposed pipe size is 8-inches. Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 3.3 ± acres Proposed Demand or No) Permitted Density 12 units/AC for NRMU-12 Yes Average Annual 277 Yes Daily Trips (AADT) PM Peak Hour Trips 28 Yes B. Available Capacity: Bell Avenue has available capacity to accommodate the proposed rezoning. C. Roadway Conditions: Bell Avenue is classified as an improved perimeter street. D. CIP Planned Improvements: There are no planned CIP projects for Bell Avenue in this area. Environmental Conditions: Surface Water: There is no surface water on site. B. Environmentally Sensitive Areas: There are no environmentally sensitive areas on site. Wells (Public/Private): There are no wells, public or private on site. Any future development would be served by City potable water. Airports: Electric: The electrical provider in the area is Denton Municipal Electric (DME). Comments from other Departments: None. EXHIBIT 2 SITE/LOCATION MAP Subject Site EXHIBIT 3 EXISTING SITE PLAN EXHIBIT 4 EXISTING ZONING MAP NR-3 EXHIBIT 5 PROPOSED ZONING MAP NRMU-12 EXHIBIT 6 FUTURE LAND USE MAP Existing Land Use EXHIBIT 7 NOTIFICATION MAP Public Notification Date: February 12, 2012 19 62 In Opposition: 0 In Favor:1 (3.04%) Neutral:1 (3.80%) EXHIBIT 8 SITE PHOTOS East Towards Property Northeast Towards Property Southeast Towards Property East Towards Property Northeast Towards PropertySoutheast Towards Property EXHIBIT 9 LETTER FROM APPLICANT EXHIBIT 10 NOTICE OF PUBLIC HEARING RESPONSES EXHIBIT 13 PLANNING AND ZONING COMMISSION, FEBRUARY 22, 2012, MEETING MINUTES EXHIBIT 14 PLANNING AND ZONING COMMISSION, MARCH 14, 2012, MEETING MINUTES CITY OF DENTON CITY COUNCIL MINUTES April 17, 2012 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, April 17, 2012 at 3:00 p. Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Member Roden ABSENT: None 1. Citizen Comments on Consent Agenda Items There were no Citizen Comments on Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for April 17, 2012. Mayor Burroughs noted that there were substitute ordinances for Items D and I on the Consent Agenda. Item I would be pulled for separate consideration. City Attorney Burgess stated that Item D had a new ordinance due to added language from the consultant. It would be discussed during the topic at the Work Session. Item I had a change in the amount and reference to the relocation ordinance. The item was properly posted and Council should be able to move forward with the corrected amount. Council Member Roden noted that Consent Agenda Item P regarding the signage and the fact that there was a sign with a date on it. He questioned if the date would be changed or the sign updated. Mark Nelson, Director of Transportation, stated that the sign would be updated and changed out. Council Member Watts stated that minor changes were in Consent Agenda Item B and questioned how the amount for the salaries for high skill paying Erica Sullivan, Economic Development Analyst, stated that staff pulled recent incentive salaries from several companies to determine the amount. Council Member Watts stated that his idea of a high paying job was not $37,000. A salary of $37,000 per year for a single person was appropriate but not for a family. He felt it was a low bar for a tax incentive when coupled with the term high paying job. He would rather leave that out than consider that a definition of a high paying job. Sullivan stated that the range was $31,000-$50,000 from the low salaries were coming in lower than the 2.5 multiplier. Mayor Burroughs asked what other cities did for criteria. City of Denton City Council Minutes April 17, 2012 Page 2 Sullivan stated that they did not spell out a dollar amount; it was just one of their subjective determinations. Council Member Watts felt that if that was going to be a policy it needed to be more open ended and necessarily have that determination. Mayor Burroughs noted that the item would be pulled for separate consideration. 3. Receive a funding recommendation report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion regarding the proposed 2012 Action Plan for Housing and Community Development and give staff direction. Barbara Ross, Community Development Administrator, stated the two committee chairs would be presenting the committee recommendations to Council. There was a public hearing scheduled for the regular meeting. Gerard Hudspeth, Chair-Community Development Advisory Committee, presented the committee recommendations. He indicated that there were a number of non-profit organizations where the assistance had decreased somewhat with the allocated funds. He noted that Council had been provided a list of projects funded for the past five years. He presented the recommendations of the Committee for allocation of the funds. Council Member Gregory questioned if the schools were not able to fund the entire request would they be able to get additional funding or seek other funding. Hudspeth stated they may have to reduce the scope of project but would be closed with future funding. Council Member Roden noted that the final vote was 5-3 for the budget and questioned why three members did not approve the recommendations. Hudspeth stated that each of the requestors had itemized their request from most to least pressing. That was where the discussion came in and the difference in the vote. Sheryl English, Chair-Human Services Advisory Committee, presented the committee recommendations. She stated that need for human services in the City continued to grow. This year some new non-profits had applied for funding with 17 total applications. She reviewed the process for determining the priority of service needs. Council Member Roden asked how Pedi Place, which was a Lewisville location and outside the city limits, could be funded. English stated that the Committee looked at the number of people from Denton going to the Lewisville location. City of Denton City Council Minutes April 17, 2012 Page 3 Council Member Gregory asked about the budget process as CASA already had their fair share amount approved. English stated that was the child advocacy program. 4. Receive a report, hold a discussion and give staff direction regarding the establishment of a program to provide relocation advisory services and relocation financial assistance to eligible persons or parties affected by City of Denton, Texas, real property interest acquisitions related to street, roadway, utility and/or other public works construction, improvement or expansion projects, as required by Senate Bill 18 Relating to the Use of Eminent Domain Authority". Paul Williamson, Real Estate Manager, stated that as a result of Senate Bill 18, the City was required to provide relocation assistance in accordance with the Federal Uniform Relocation Assistance and Real Property Acquisitions Policy Act. An element of the law required that the City formally adopt rules relating to the administration of its relocation assistance program. Matt Lance, HDR Engineering, provided details on the program. He indicated that Senate Bill 18 required all governmental entities and political subdivisions to participate in this program. He reviewed the history of the Act of 1970, the purposes of the Uniform Act and the definition of a displaced person. Required notices included a general information notice, notice of relocation eligibility, a 90 day notice and a 30 day vacate note. The noti understandable language, must be translated if an individual could not read or understand the language, must indicate a contact name and phone number plus must be personally delivered or sent by certified mail, return receipt requested. Entitlement Program - elements in this program included meeting be in addition to the proceeds of acquisition; reimbursement would be for actual, reasonable and necessary expenses; and would have to spend to get. Potential Residential Relocation Issues these issues included non-decent, safe and sanitary residences; low income households; poor credit issues; multifamily occupancy of the displaced dwelling; large numbers of residents occupying displaced dwelling; disabled or special needs occupants; and language and cultural barriers. Basic entitlements of residential displacements these services included advisory services, monetary assistance which included moving expenses and replacement of housing payments. Types of residential moving options included the actual cost of a commercial move, the actual cost of a self move, a fixed room count schedule or a combination of types. Replacement housing payments for owner-occupants of 180 days or more included price differential, increased mortgage interest costs, incidental expenses for replacement housing or a rental assistance option. A combined total of these amounts cou Price Differential this provision provided the displaced person with financial assistance to purchase and occupy a comparable replacement dwelling and site without involuntarily incurring additional financial expense. The price differential payment was the amount by which the cost City of Denton City Council Minutes April 17, 2012 Page 4 of a comparable replacement dwelling exceeded the acquisition cost of the displacement dwelling. Adjustments could be made for major exterior attributes such as swimming pools, greenhouses, storage sheds, patios, decks, fences, or significantly smaller l provisions for 180 day owner/occupants. Provisions for increased mortgage interest costs included reimbursement of increased mortgage costs if the interest rate on the new mortgage exceeded the amount of the present mortgage. Incidental expenses for replacement housing were also included in the provisions. Rental assistance option if the displaced owner elected to rent a replacement dwelling, he may be eligible for a rental assistance payment not to exceed what he would have received under the price differential option. Provisions for the rental assistance payment were reviewed along with the provisions for down payment assistance. Eligibility of 90-day occupants included the displaced person must have occupied the property to be acquired for at least 90 days prior to the initiation of negotiations and the displaced person must rent or purchase by a down payment and occupy a decent, safe and sanitary dwelling within one year of the date of move from the acquired property and must file a claim for payment within 18 months of the date of the move. Last resort housing methods included providing additional or alternative assistance under the provisions of last resort housing. Any decision to provide last resort housing assistance must be adequately justified. Business displacements benefits included advisory services, monetary benefits in terms of actual moving and related expenses, and the re-establishment expenses or a fixed payment. The types of business move options included actual cost of the commercial move, a negotiated self-move, actual cost of a self-move or a combination of types. Lance reviewed actual moving and related expenses, ineligible moving expenses, re-establishment expenses and ineligible re-establishment expenses. Fixed move expenses could not be less than $1,000 or more than $20,000; was based on business yearly net average earnings for the two years prior to displacement and had to meet certain eligibility requirements. Filing claims for relocation benefits included specific requirements for time of filing, deductions from payments, and documentation. Lance reviewed the tax status of relocation benefits, rights of appeal and helpful relocation web links. Mayor Burroughs asked if there were any elements that could have local amendments attached. Lance replied no. Mayor Burroughs stated that as time went by, the City could look at unique circumstances and look at possible future modifications. Right now the city was required to go by the minimums. He questioned who the head of the agency was. Williamson stated that the ordinance indicated that the city of Denton was the agency and the head of agency was Howard Martin or any designee. City of Denton City Council Minutes April 17, 2012 Page 5 Mayor Pro Tem Kamp questioned at what point these expenses were considered in the budget and where the funding would come from. Williamson stated that any project working for schematics would numbers and those numbers would affect the total project. Council discussed hypothetical situations for residents and businesses and what the City might be responsible for in terms of the provisions of the program. Frank Payne, City Engineer, stated that these relocation expenses were unaccounted and unanticipated expenditures. Staff was working with the consultant in designing costs for relocation expenditures. The City might have to become creative in bidding the project or the final attributes of the project. Council Member Roden questioned if the City offered relocation services before for this program and what the policy guidance was before. Williamson stated that prior to this program; the City got appraisals and went into contract terms with the individuals. There was always the spirit of the relocation process but now there would be a formal process to follow. Council discussed any potential local options and how the program was a standard set of regulations so everyone was treated the same. Following the completion of the Work Session, the Council convened into a Closed Session to discuss the following: 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1.Consult with City's attorneys regarding litigation strategy and litigation styled Jones v. City of Denton, Cause No. 2011-50255-367, currently pending in the 367th District Court of Denton County. 2.Receive a briefing from the City's attorneys regarding an offer settlement received from the Texas Commission on Environmental Quality, regarding Docket No. 2012-0092 MLM-E, Enforcement Case 43278 regarding the spill incident at the Lake Ray Roberts Water Treatment Plant facility; and discuss, deliberate and provide the City's attorneys with direction and recommendations regarding such legal matter. A public discussion of this legal matter would conflict duty of the City's Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Minutes April 17, 2012 Page 6 B.Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P. Railroad Survey, Abstract N M.E.P. & P.R.R. Survey, Abstract Number 1475, and the R.B. Longbottom Survey, Abstract Number 775, Denton County, Texas, and located generally in the 2500 block of McKinney Street, along the north line of Paisley Street, east of Pace Drive, and along the south line of Virginia Circle, just south of University Drive, all within the City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Profes Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. C.Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1.Receive a briefing and presentation from staff, discuss and deli regarding public power competitive and financial matters pertain available power purchase alternatives and generation resources concerning the City of Denton/Denton Municipal Electric; consult with the C attorneys regarding legal issues involved in said briefing and presentation, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Ba Texas. The Council convened into a Regular Meeting at 6:30 p.m. in the Council Chambers of City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards City of Denton City Council Minutes April 17, 2012 Page 7 1. Denton Redbud Festival Day Mayor Burroughs presented the proclamation for Denton Redbud Festival. 2. Presentation of Tree City USA Re-Certification Courtney Blevens presented a Tree City USA re-certification to the city of Denton. 3. CONSENT AGENDA Mayor Burroughs noted that Items 3B and 3I would be pulled for separate consideration and there was an alternate ordinance for 3D for consideration. Council Member King motioned, Council Member Watts seconded to approve the Consent Agenda with the substitute ordinance for Item D and with the exception of Item B and I. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden aye . Motion carried unanimously. Approved the Noise Ordinance request listed below. A.Consider a request for an exception to the Noise Ordinance for the purpose of the fifth Annual Beanstock Music Festival, sponsored by Cool Bean's Bar and Grill. The event will be held at Cool Beans Bar and Grill located at 1210 W. Hickory Street on Saturday, April 21, 2012, beginning at noon and concluding at 1:00 a.m. Th requested for extension of the hours of operation for amplified sound. Staff recommends approving the requested exception to the noise ordinance. Ordinance No. 2012-072 C.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Second Amendment to Right of Entry and possession, by and between the City of Denton ("City") and the Denton County Transportation Authority ("DCTA"), amending that certain right of entry and possession, between the City and DCTA, dated May 3, 2011, granting DCTA access to the Downtown Denton Transit Center ("DDTC") and certain lands surrounding the DDTC, located in the Hiram Sis Number 1184, to conduct public transportation related operations; and providing an effective date. Ordinance No. 2012-073 D.Consider adoption of an ordinance establishing a program to provide relocation advisory services and relocation financial assistance to eligible persons or parties affected by City of Denton, Texas real property interest acquisitions related to street, roadway, utility and/or other public works construction, improvement or expansion projects (a "project"); authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes April 17, 2012 Page 8 Ordinance No. 2012-074 E.Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.424 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.241 acre tract, all tracts located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 300 block of North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway, authorizing the City Manager or his designee to make an offer to George A. Calhoun and wife, Jannet D. Calhoun to purchase the Property Interests for the purchase price of Eighty Three Thousand One Hundred Eighty Two Dollars and No Cents ($83,182.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project) Ordinance No. 2012-075 F.Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.406 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.235 acre tract, all tracts located in the M.E.P. & P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 300 block of North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Charles David N L. Nelson to purchase the Property Interests for the purchase price of Eighty Four Thousand Three Hundred Ninety Nine Dollars and No Cents ($84,399.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project) Ordinance No. 2012-076 G.Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.215 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.195 acre tract, all tracts located in the M.E.P. & P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1000 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Carl Kenneth Clay to purchase the Property Interests for the purchase price of Sixty Eight Thousand Four Hundred Sixty One Dollars and No Cents ($68,461.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project) City of Denton City Council Minutes April 17, 2012 Page 9 Ordinance No. 2012-077 H.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.996 acre tract in the M.E.P. & P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1300 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Lee Ann Phillips to purchase the Property Interests for the purchase price of Ninety Five Thousand Dollars and No Cents ($95,000.00), as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project) Ordinance No. 2012-079 J.Consider adoption of an ordinance finding that a public use and necessity exists to acquire an easement encumbering an approximate 0.911 acre tract located in the M.E.P. & P.R.R. Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 2500 block of McKinney Street (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Gary Dennis Dillard to purchase the Property Interests for the purchase price of One Hundred Thirty Two Thousand Nine Hundred Eighty Three Dollars and No Cents ($132,983.00), and other consideration, as prescribed in the Easement Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-080 K.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.2431 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known as Lot 20, Block A, of Bellaire Crossing, according to the plat Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase price of Thirty One Thousand Seven Hundred Seventy Three Dollars and No Cents ($31,773.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes April 17, 2012 Page 10 Ordinance No. 2012-081 L.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.2135 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known as Lot 21, Block A, of Bellaire Crossing, according to the plat Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase price of Thirty Thousand Two Hundred Twenty Eight Dollars and No Cents ($30,228.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-082 M.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.1905 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas known as Lot 22, Block A, of Bellaire Crossing, according to the plat Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase price of Twenty Six Thousand Nine Hundred Sixty Nine Dollars and No Cents ($26,969.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-083 N.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.2025 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known as Lot 25, Block A, of Bellaire Crossing, according to the Amending Plat thereof recorded in Cabinet X, Page 111, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, east of Pace Drive (the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase price of Twenty Eight Thousand Six Hundred Seventy Two Dollars and No Cents ($28,672.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes April 17, 2012 Page 11 Ordinance No. 2012-084 O.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 1.91 acre tract located in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally along the south line of Virginia Circle, just south of University Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to C.S. Residential, Inc. to purchase the Property Interests for the purchase price of Two Hundred Twenty Eight Thousand Six Hundred Fifty Two Dollars and No Cents ($228,652.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-085 P.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Hickory Street Sidewalk and Enhancements Project for the Downtown area; providing for the expenditure of funds therefor; and providing an effective date (Bid 4800-awarded to the lowest responsible bidder meeting specification, 2L Construction LLC, in the amount of $404,269.15 Resolution R2012-010 Q.Consider approval of a resolution allowing Metzler's Food & Beverage, Inc. to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 5, 2012, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Parks, Recreation and Beautification Board recommend approval with a vote of 6-0. Staff recommends approval of the request. Council considered Item B. Resolution No. R2012-009 B. Consider approval of a resolution of the City Council of the City of Denton, Texas, replacing a Policy for Tax Abatement for the City of Denton to establish guidelines and criteria governing Tax Abatement Agreements; and declaring an effective date. The Economic Development Partnership Board recommends approval (5-0). Council Member Watts stated that the criteria in the current policy for the abatement were 2 1/2 times the Federal minimum wage for the State of Texas. Erica Sullivan, Economic Development Analyst, stated that was correct. Council Member Watts asked if prior tax abatements looked for this figure. Sullivan stated that the figure would be $31,000 - $50,000. City of Denton City Council Minutes April 17, 2012 Page 12 Council Member Watts questioned if the Economic Development Partnership Board had seen the new language. Sullivan stated that only the two members who sit on the Council saw the change. Council Member Watts felt there was a large difference in the salary range and was not sure there was a need for that particular criteria in the policy as it would be on a case by case basis. He recommended removing the high skill, high paying jobs wording from the policy. Mayor Burroughs clarified that the recommendation was to remove the definition of high paying job. Council Member Watts replied correct. Mayor Burroughs felt that the concept of having a higher paying job was an important consideration although the dollar amount was not. He agreed with the aspect of the amount but the concept was important and that over time the amount would change. He felt deleting the definition would be appropriate or to leave the wording in for a high paying job with subjectivity on what that was. Council Member Watts motioned, Council Member King seconded to approve the resolution with an amendment to remove the minimum wage wording. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden aye . Motion carried unanimously. Item I was considered. Ordinance No. 2012-078 I. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.286 acre tract located in the M.E.P. & P.R.R. Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 2500 block of McKinney Street (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Bobbie R. Mitchell and wife, Corine Mitchell to purchase the Property Interests for the purchase price of Sixty Eight Thousand One Hundred Ninety Five Dollars and No Cents ($68,195.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). City Attorney Burgess stated that an amended ordinance had been provided to Council revising the language to tie it back to the relocation ordinance. There also was a change in the amount of the purchase from what was listed on the agenda. It should read $69,631.00. The ordinance City of Denton City Council Minutes April 17, 2012 Page 13 listed the correct amount. Any motion should include approval of the substitute ordinance with the amended language. Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the substitute ordinance with the amended language. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden aye . Motion carried unanimously. Mayor Burroughs left the meeting. 4. PUBLIC HEARINGS A. Hold a public hearing inviting citizens to comment on the City of Denton's 2012 Action Plan for Housing and Community Development. Barbara Ross, Community Development Administrator, stated that this was the annual public hearing to invite citizen comments on 2012-13 Action Plan. The Mayor Pro Tem opened the public hearing. Comment Cards were submitted by the following individuals: Zarian Presley-Boone, 601 Crescent, Denton, 76201 requested sidewalks on Crescent Rebecca Appling, 1410 Manten, Denton, 76208 - support Andrea Schreiber, 308 Marietta, Denton, 76201 requested sidewalks on Crescent David Kaplan, 308 Marietta, Denton, 76201 requested sidewalks on Crescent Wendy McGee spoke in support of El Paseo Street. Rebecca Appling spoke in support of the funding. The Mayor Pro Tem closed the public hearing. No action was required by Council at this time. Ordinance No. 2012-086 B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton's Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b)(14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Kathy Schaeffer, Program Area Manager, stated that these were the operating procedures for their summer programs. The Standards had to either meet or exceed the current State Day Care requirements and were intended to be minimum standards by which the city of Denton Parks and Recreation Department operated the citys Youth/Teen programs. The programs operated by the City of Denton City Council Minutes April 17, 2012 Page 14 City under the Standards of Care were recreational in nature and were not day care programs. Changes made since October 2010 included adding a Recreation Specialist position, training specifics for the staff, booster seat regulations and removed the parent guide from the standards as they were different at each recreation center due to different emergency exits at the different centers. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. Council Member Watts motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden aye . Motion carried unanimously. C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU- 12) zoning district classification and use designation subject to a restrictive overlay on approximately 3.3 acres. The property is located east of Bell Avenue, approximately 500 feet north of the northeast intersection of Sherman Drive and Bell Avenue and is approximately 185 feet south of Sunrise Cove within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z11-0026) The Planning and Zoning Commission recommends approval (7-0). Mayor Pro Tem Kamp reviewed the procedures for public hearings. Mark Cunningham, Director of Planning and Development, stated that the applicant proposed to rezone the property from Neighborhood Residential 3 to Neighborhood Residential Mixed Use 12 with the intent to rehabilitate the existing structures and allow for Assisted Living, a form of Elderly Housing per Subchapter 23 of the Development Code. He reviewed the zoning surrounding the property and indicated that the applicant was requesting to rezone the site to be consistent with the property to the south. Staff and the Planning and Zoning Commission recommended approval of the rezoning with a restrictive overlay. The NR-3 zoning did not allow elderly housing thus the need for the NRMU-12 zoning district. The Mayor Pro Tem opened the public hearing. Larry Reichhart spoke for the applicant. He indicated that the developers sought to redevelop the property for assisted living uses. NRMU-12 was the lowest zoning that allowed for assisted living. The zoning overlay would allow them to rehabilitate the building with no problems. Council Member Roden asked about communications with the neighbors. City of Denton City Council Minutes April 17, 2012 Page 15 Reichhart indicated that a neighborhood meeting had been held at North Lakes Recreation Center and was attended by 12-15 people. The main issue with the majority of those who attended was with the historic value of the building. His research had found that the building was not an ONeill Ford building. Another concern expressed was about the commercial use of the property but he indicated that it was not going to be developed in that category. Council Member King stated that the intent was to put something similar to what had been there before. Reichhart replied correct. Council Member Engelbrecht asked if the architect was one from the ONeill Ford firm. Reichhart stated that the architect was Art Swank. The previous director of the facility had communication with that architect. There was no direct documentation from ONeill Ford. Council Member Gregory questioned the use chart which was being displayed as being different than what was in the backup. Cunningham stated that the chart was reflected in the wording of the ordinance. The chart in the backup showed the existing ordinance while the one on display reflected the recommendation from the Planning and Zoning Commission. Council Member Watts stated that the applicant asking to allow elderly housing with some of the other changes. Cunningham stated that the neighborhood community did not want to see high intensity development in the neighborhood. The Planning and Zoning Commissions recommendation allowed elderly housing and those uses otherwise allowed would be modified by a specific use permit. Council Member Watts stated that these types of circumstances had happened before where there was rezoning with specific intentions. In this case elderly housing could not be done in NR-3. He questioned why the option would be given to come back with other uses in the future via a specific use permit and felt that other uses should be restricted. He also noted that questions had been raised regarding the credibility of statements of who owns the property and what they were going to do with it. Cunningham stated that those uses were already permitted in that zoning district so it was felt that there was no harm to keep those in. Council Member Roden asked Reichhart to clarify his position regarding the decision by the Planning and Zoning Commission in terms of the use of the overla Reichhart indicated he was not opposed to the overlay. City of Denton City Council Minutes April 17, 2012 Page 16 Council Member Roden stated that the developers website was advertising the sale of the property. Reichhart indicated that was a condition of lender who was going to foreclose on the property. The agreement not to foreclose included a condition that the property would be for sale if the rezoning did not go through. Council Member Watts stated that with the overlay the applicant had the right to tear down the building and rebuild. Major renovations could change the current status of the building. Reichhart stated that was correct. The following individuals spoke during the public hearing: Steven Ambuehl, 2007 N. Bell, Denton, 76209 - opposed Gary Hayden, 2106 North Bell, Denton, 76209 - opposed DiAnna Hynds, 504 Sunrise, Denton, 76209 - opposed Deborah Conte, 2106 N. Bell, Denton, 76209 - opposed Comment cards were received from the following individuals: Richard Smith, 1920 N. Bell, Denton, 76209 - opposed Victoria Hodge, 1823 N. Bell, Denton, 76209 - opposed Brandt Davis, 1902 N. Bell, Denton, 76209 - opposed Brian Wheeler, 1823 N. Bell, Denton, 76209 - opposed Mr. Reichhart was allowed a rebuttal. He indicated that other zoning uses that would be allowed based on the overlay included agriculture, single-family, community homes for the disabled, home occupations, outdoor recreation, parks, churches and elderly housing. The developers website was only four months old and they just finished a business plan. Staff had examples of the construction plans and ONeill Ford being copied on two memo Ford structure. The interior of the building needed a lot of work especially if the intent was to preserve the structure. Council Member Roden asked about the process for a historical structure. Cunningham stated that the State and Federal mark was 50 years but that there was no policy in Denton. Denton followed the State and Federal limits. Council Member Roden stated that a historical designation could be done without the property being 50 years old. Cunningham stated correct. Council Member Roden asked who could request that designation. City of Denton City Council Minutes April 17, 2012 Page 17 Cunningham stated that the property owner could request it or there could be a comprehensive plan amendment. Council Member Roden asked if the owner of the property thought about turning the building into a historic landmark. Reichhart stated that they had not discussed that but probably would not want to do that as it might hinder redevelopment. Mayor Pro Tem Kamp stated that a concern of the neighbors was a possible multifamily use of the property. Cunningham stated multifamily was not permitted. Council Member Gregory asked if someone could apply for a historical marker without the owner's permission. Cunningham stated that if a request were made, it would go through the process and the property owner notified. If he did not respond, the designation might be Council Member Gregory stated that the designation would restrict what could be done to the property. Cunningham replied correct. Council Member Gregory questioned if a zoning change could be requested by someone not owning the property. Cunningham stated that the City Manager could authorize a rezoning request. Reichhart questioned that if the building was not an ONeill Ford building, what was its historic significance. Council Member Watts stated that the developer probably wanted the freedom to do whatever he wanted with the building. He felt that the developer was not going to leave the building as it was but probably tear it down and redo the site. He stated that NRMU-12 with an overlay restriction to elderly care did not have restrictions of preservation. He asked if representatives of the owners were present at the meeting. Reichhart replied no. Council Member Watts stated that given the concerns expressed by the neighbors and the nature of the conflict, he was surprised that they were not present. He questioned why the process did not go to the Zoning Board of Adjustment for a reinstatement of City of Denton City Council Minutes April 17, 2012 Page 18 Reichhart stated that the property would then again become a non-conforming use which could be lost again in the future. The zoning could not be changed. The re-establishing of the non- conforming use was a concern with lenders. Council Member Watts stated that at the original Planning and Zoning Commission meeting, the motion was to deny with a 3-3 tie vote. That motion failed. The backup materials indicated that the original zoning was NR-3 with a specific use permit for elderly care and that when the facility closed and was vacant for a long time, that zoning designation was lost. Cunningham stated that there was never a specific use permit for the property. Mayor Pro Tem Kamp stated the property was a nonconforming use and not a specific use permit. Council Member Watts stated that an alternative method would be to go to the Zoning Board of Adjustment to ask for an elderly variance. Cunningham stated that a request could be made for the non-conforming use to continue. Council Member Roden asked if Council could go through the list of permitted uses and remove those with a SUP and replace with an N . Cunningham stated correct. Council Member Roden asked if that could be done even with the gas well category. City Attorney Burgess stated staff would have to research that as it was not known at this time about the mineral rights on the property. Council Member Roden suggested having the Historic Landmark Commission investigate the issue regarding a historic designation and request that they plan for a future agenda to deal with this question. Council Member King stated that a solution would be to remove the specific use permit uses, restrict the square footage to 5500 square feet, restrict the use to elderly care and protect the neighborhood similar to what was there. City Attorney Burgess followed up on a previous question by Council Member Roden regarding the restriction of a gas well. A specific use permit was allowed for gas wells in NR-3 and would continue in NRMU-12. Council Member Engelbrecht asked if the protection of the building could be added to the overlay. Aaron Leal, Deputy City Attorney, stated that could not be done as rezoning regulated the uses and did not look at structures. City of Denton City Council Minutes April 17, 2012 Page 19 Council Member Engelbrecht stated that zoning was for the land and that the Denton Development Code would have to be amended to address the structures or improvements to the property. Mayor Pro Tem Kamp closed the public hearing. Council Member Watts stated that the desire was to potentially preserve the building if it was of historic significance to the City and if not an ONeill Ford building, he would not oppose the removal of the building. If the building was not an ONeill Ford building, it would be hard to deny the developer an opportunity to develop the property. If it was an ONeill Ford building, he felt it should be preserved. He was in favor of postponing consideration to allow the Historic Landmark Commission investigate the issue and return to Council with a recommendation. Council Member Engelbrecht stated that there would be limitations on the structure under a historic designation because every structure was unique and if Council moved in that direction, he would be concerned about the interior of the structure as the inside was not up to standards. He suggested a report by the Historic Landmark Commission on what could be done with the building so as to be economically viable. Council Member Roden stated that the historic designation was only on the exterior of the building and not the interior of the building. Council Member King stated that with a historic designation, the developer might abandon the project and the building would remain empty. If the zoning were restricted too much it might not be possible to develop the property. Reichhart suggested a condition that the developer would not alter the street facing facade without City Council approval or without the designation that it was not a historical building. Go through the process with the Historic Landmark Commission and if the building was not deemed historic, the developer could do what he wanted with the building. If it was deemed historic, the front facade would be maintained unless the developer came to Council for approval. Mayor Pro Tem Kamp questioned if it would be better for Council to give staff time to do research regarding the possible historic nature of the building or to craft that in language for a motion. City Attorney Burgess stated that Council could word a motion to give staff time to clarify the issue on the historic nature of the building and whether to send the item to the Historic Landmark Commission. Council Member Engelbrecht stated that he would prefer to have Legal look at the issue rather than trying to draft wording for a motion on the spot. Council Member King motioned to approve the ordinance with an amendment to remove the specific use permit listing in the overlay, to maintain the façade of the building unless it was proven that it was not an ONeill Ford building in a presentation at a City Council meeting. City of Denton City Council Minutes April 17, 2012 Page 20 Motion died for lack of a second. Council Member Roden suggested postponing consideration until the Historic Landmark Commission was able to investigate the question of the historic nature of the building in conjunction with staff. City Attorney Burgess suggested a motion wording could be completion of a study by the Historic Landmark Commission on the historic nature of the building and the information presented to the Council . Council Member Roden motioned to postpone consideration until the completion of an event but th no later than June 19 with the Historic Landmark Commission investigating the historic nature of the property. Motion died for lack of a second. Council Member Gregory suggested postponing the item in order to craft correct wording on the deletion of the specific use permits and staff researching the architectural source of the structure rather than going to the Historic Landmark Commission. Council Member King stated that he was in agreement with Council Member Gregorys th comments. He felt a motion could be to postpone consideration until the May 15 meeting for staff to rework the wording, to remove the specific use permits for permitted uses and have staff determine the architectural source of the building. Council Member Watts stated that the Historic Landmark Commission could call a special meeting to take a look at this issue but there was a need to move forward as soon as possible. Council Member Engelbrecht questioned who would be the staff point of contact to do the analysis. Acting City Manager Martin stated that Mark Cunningham would be the point of contact. Council Member Roden stated that even though the item would not be a public hearing, interested citizens could still speak on the issue under Items for Individual Consideration. Council Member King motioned, Council Member Gregory seconded to postpone consideration th until the May 15 meeting for staff to rework the wording to remove the specific permitted uses and have staff determine the architectural source of the building. On roll call vote: Council Member King, Council Member Watts, Council Member Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden aye . Motion carried unanimously. Ordinance No. 2012-087 D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a 2,725 acre Detailed Plan to amend Ordinance 2011- City of Denton City Council Minutes April 17, 2012 Page 21 124 to allow signs within the Robson Ranch Planned Development D 173). The subject site is located north of Crawford Road, south of H. Lively Road, east of Florence Road, and west of Hunter Ranch Master Planned Community (AMPC10-0001); and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (PDA11-0003) The Planning and Zoning Commission recommends approval (7-0). Mark Cunningham, Director of Planning and Development, stated that the applicant was requesting to amend Ordinance No. 2011-124 to add a detailed signage plan. The detailed signage plan would include such signs as monument sign and directional signs. Approval of the plan would allow the City to issue building permits for the signs; nine of which had already been constructed. The Development Review Committee and the Planning and Zoning Commission had recommended approval with conditions. Those conditions included all original conditions of approval and subsequent modifications associated with PD 173 would remain valid, unless specified herein, and to the extent not shown on the Detailed Signage Plan, the City Codes would govern; and the Detailed Signage Plan as submitted would guide the development of the signs within the PD. The Mayor Pro Tem opened the public hearing. Carson Carter, representing the applicant, spoke in favor. The Mayor Pro Tem closed the public hearing. Council Member Roden questioned the boundaries for the public notification. Cunningham stated that it was the entire planned development. Council Member Roden questioned how only 39 public notices were sent out and how the 200 foot notice determination was made. Council Member Gregory stated that the backup showed a map of the entire subdivision and with different types of signs and many homes where the signs would be located. Council Member Watts questioned if this was a sign district or each individual sign. If it was a sign district, then the rules would be for the entire development. Cunningham stated that the sign district applied to all of the acreage and not each individual sign location. Aaron Leal, Deputy City Attorney, stated that the notification would be within 200 feet of the perimeter of the property so notifications would go to locations outside the development. Council Member Engelbrecht motioned, Council Member King seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, City of Denton City Council Minutes April 17, 2012 Page 22 Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden aye . Motion carried unanimously. Ordinance No. 2012-088 E. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for an initial zoning district and use classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) on approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z11-0025) The Planning and Zoning Commission recommends approval (5-1). Mark Cunningham, Director of Planning and Development, stated that the subject property included approximately 40 acres. Approximately 10.6 acres were comprised of three zoning districts (CM-G, NRMU-12 and RD-5) and the remaining 28.1 acres were Rural District 5. The applicant was requesting an initial zoning district of Community Mixed Use General and Neighborhood Residential Mixed Use 12 on approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district to a NRMU-12 zoning district. The request was in compliance with the future land use for the property. Staff and the Planning and Zoning Commission recommend approval of the request. Mayor Pro Tem Kamp opened the public hearing. The following individuals spoke during the public hearing: Larry Reichhart, representing the applicant, spoke in favor. Jimmy Wagner, 298 Carpenter Road, Denton, 76209 - opposed due to the traffic situation JC Hughes, 5300 E McKinney, Denton, 76208-opposed to multi-fami Darrell Hayslip, 5300 E. McKinney, Denton, 76208 opposed to multi-family Mr. Reichhart was allowed a five minute rebuttal. He indicated that any type of multi-family would have to be part of the master plan or a specific use permit so the neighborhood would be protected against multi-family. Multi-family could be restricted if Council desired. In terms of traffic, the developer would have to do an impact analysis. It was felt that non-residential uses would be better for the area than residential. They did not have a neighborhood meeting but sent letters to property owners within 500 feet to have an individual meeting or respond via email. He had received no responses. Council Member Watts questioned if Reichhart would oppose to restricting multi-family or a straight specific use permit for multi-family. Reichhart indicated that he would be ok with a restriction on multi-family. City of Denton City Council Minutes April 17, 2012 Page 23 Laura Sanders, 5212 Whiting Way, Denton, 76208 spoke in opposition regarding multi-family uses and also problems with the DISD. Mayor Pro Tem Kamp stated that there would be no multi-family on the project and if Ms. Sanders had issues with the DISD, she needed to present them to the DISD and not Council. The Mayor Pro Tem closed the public hearing. Council Member Roden stated that East McKinney was scheduled for widening and questioned if it included this area. Acting City Manager Martin stated that McKinney would be widened from Woodrow past the high school but he didnt know when that would be as TxDOT had not given it a priority rating. Council Member Watts motioned, Council Member King seconded to adopt the ordinance with a restriction of prohibiting multi-family development on the site. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Counc Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden aye . Motion carried unanimously. 5. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter o upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide r items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Watts requested an update on the pedestrian bridge over Loop 288. Mayor Pro Tem Kamp noted a fund raiser Friday night at the Center for the Visual Arts for Frenchy. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes April 17, 2012 Page 24 There was no continuation of Closed Meeting. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 9:31 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 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 R PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Council Member Roden, Mayor Pro Tem 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 agen 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 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 citys revenues from property, sales and lodging taxes that were generated by this property would be dedicated to retiring the debt. 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. City of Denton City Council Minutes May 15, 2012 Page 2 Tim O'Reilly, CEO - O'Reilly Hospitality Management, presented i It was a full service hotel and restaurant management company th 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 OHMs 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. OHMs 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. OReilly 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. OReilly 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. City of Denton City Council Minutes May 15, 2012 Page 3 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. Council Member Engelbrecht asked staff to find out if there were funds available to help with other grants for the area. City of Denton City Council Minutes May 15, 2012 Page 4 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 th 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. 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. Council Member Roden asked if the public art had to be street related. City of Denton City Council Minutes May 15, 2012 Page 5 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 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 Langley stated that the Committee had the wording from the bond counsel. Mayor Burroughs noted that the Committee did not formally adopt 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 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 peoples 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 N 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 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 C 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 positio 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 recom (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 Build 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 Chapte 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, 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 pur 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, 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, 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 th 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 th 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 ONeill Ford. Staff was able to determine that the architect signature block was signed by Arch Swank, who was an associate of ONeill 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 ONeill Ford firm. The Historic L considering requesting that the property be preserved as a histo 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 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 ONeill Ford building. Bob Laney, Roland Laneys 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 opti 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 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 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 ONeill Ford buildi Cochran felt that was not the case and that it was an ONeill Fo Council Member Watts stated that Cochrans 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 F 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 owners 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 Fords 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- 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 po 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 from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter o upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide r 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 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 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 EXHIBIT 17 AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: City Managers Office CM: George Campbell,City Manager SUBJECT Consider nominations/appointments to the Citys Boards and Commissions. BACKGROUND Attached is a list of outstanding nominations for board and commission positions. Nominations made at this meeting could be voted on with the provision that the individuals meet all required qualifications. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary 08/21/2012 BOARD AND COMMISSION NOMINATIONS BoardCouncil MemberNomination Airport Advisory Board Engelbrecht Kamp Animal Shelter Advisory Committee King Community Development Advisory Cmte. Engelbrecht Health & Building Standards Commission All All Library Board Engelbrecht Parks, Recreation & Beautification Board Engelbrecht Planning and Zoning Commission Engelbrecht Kamp King Public Art Committee Watts King Traffic Safety Commission King Burroughs Patrice Lyke Zoning Board of Adjustment Gregory Burroughs Connie Baker R Ï Reappointment N Ï New Nomination AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT 903 W. Oak Street, Historic Landmark Designation Request Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating the property located at 903 W. Oak Street as a historic landmark under Section 35.7.6 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (HL12-0002) The Planning and Zoning Commission recommends approval (6-0). BACKGROUND On May 14, 2012, via a favorable 6-0 vote, the Historic Landmark Commission (HLC) reviewed, deliberated and subsequently recommended that this application be forwarded to the Planning and Zoning Commission (P&Z) and City Council for consideration and designation as a Historic Landmark. On June 20, 2012, the P&Z considered the request and recommended approval of the granting of the Historic Landmark Designation for the subject property (6-0). However due to a notice error, this case was re-noticed and re-heard at the August 8, 2012 P&Z meeting, and recommended approval of the request (6-0). Pursuant to Section 35.7.6.5 of the Denton Development Code (DDC), the Historic Landmark Commission shall first make a recommendation to the P&Z to consider any proposed historic landmark designation. The P&Z, after conducting a public hearing, shall make its recommendation to the City Council for final approval and adoption of an ordinance to designate the property as a historic landmark. The guideline and criteria for Historic Landmark Designations are provided in Section 35.7.6.4 of the Denton Development Code: Per 35.7.6.4. A of the DDC, the City Council may designate buildings, structures, sites, districts, areas and lands in the City as historic landmarks and define, amend and delineate the boundaries ning designation of those buildings, structures, sites, districts, areas and lands which the City Council designates as historic landmarks. Such designation shall be in addition to any other use designation established in this Section. The zoning map sha any other use designation established by this Section. Per Section 35.7.6.4. B this section (provided above), the City Council shall consider but shall not be limited to one (1) or more of the following criteria: Agenda Information Sheet August 21, 2012 Page 2 1.Character, interest or value as part of the development, heritage or cultural characteristics of the city, state or the United States; 2.Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; 3.Embodiment of distinguishing characteristics of an architectural type or specimen; 4.Identification as the work of an architect or master builder whose individual work has influenced the development of the city; 5.Embodiment of elements of architectural design, detail, material or craftsmanship which represent a significant architectural innovation; 6.Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif; 7.Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style; 8.Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; 9.Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state, or United States; 10.Location as the site of a significant historic event; 11.Identification with a person who significantly contributed to the culture and development of the city, state or United States; 12.A building or structure that because of its location has become of value to a neighborhood, community area or the city; 13.Value as an aspect of community sentiment or public pride. The Applicant has provided documentation (Exhibit 5) which includes their assessment of the importance and benefit of the subject property to the community, and how they believe the property meets the above criteria. STAFF ANALYSIS Staff has reviewed the application and the assessment provided by the applicant, and finds that it meets several of the criteria for Historic Landmark Designations, including: 1.Character, interest, or value as part of the development, heritage or cultural characteristics of the City. Information provided by the applicant demonstrates that the property has contributed to, and continues to contribute to, the heritage and culture of the City, through its previous use as residential home for the Blewett family who were the Agenda Information Sheet August 21, 2012 Page 3 first owners of the Denton Mill. According to the applicant, the property was also the first building in Denton to have a central heating system . 2.Embodiment of distinguishing characteristics of an architectural type or specimen. The house on the property consists of Victorian style architecture. The applicant has stated that the wood and glass used to construct the building was hand carved and brought in from Italy by the Blewett family. 3.Identification with a person who significantly contributed to the culture and development of the city, state or United States; The applicant has identified previous owners of the property. According to the application submitted, the Blewett family who owned and operated the Denton Mill constructed the property in 1900. RECOMMENDATION approval The Planning and Zoning Commission recommends of the requested Historic Landmark Designation for the property at 903 W. Oak Street (6-0). approval The Historic Landmark Commission recommends of the requested Historic Landmark Designation for the property at 903 W. Oak Street (6-0). approval Staff recommends of the requested Historic Landmark Designation for the property located at 903 W. Oak Street. OPTIONS 1.Approve as submitted. 2.Approve with conditions. 3.Deny. 4.Postpone consideration. 5.Table item. EXHIBITS 1.Location Map 2.Zoning Map 3.Historic District Map 4.Photos 5.Application 6.Historic Landmark Commission, May 14, 2012, Meeting Minutes 7.Planning and Zoning Commission, June 20, 2012, Meeting Minutes 8.Planning and Zoning Commission, August 8, 2012, Meeting Minutes 9.Ordinance Agenda Information Sheet August 21, 2012 Page 4 Prepared by: Nana Appiah, AICP Senior Planner Respectfully Submitted by: Mark Cunningham, AICP, CPM Director of Planning and Development Exhibit 1 Location Map Oak Street Site Hickory Street Exhibit 2 Zoning Map Oak Street Site Hickory Street Exhibit 3 Historic District Map k r OaSteet Site Hickory Street Exhibit 4 Photos Minutes Historic Landmark Commission May 14, 2012 The Historic Landmark Commission of the City of Denton held its regular meeting on Monday, May 14, 2012 at 5:30 p.m., in the City Council Work Session Room at City Hall, located at 215 E. McKinney Street, Denton, Texas, 76201. Present: Michelle Lynn, Pati Haworth, Karen DeVinney, Eric Pulido, Laura Mauelshagen and Lindsey Keffer. Absent: Deb Conte,John Shelton and Murray Ricks. Staff: Athenia Green, Cindy Jackson, Johnna Matthews, Abra Nusser, Nana Appiah, Aaron Leal and Kurt Hansen. 1.Call to order. DeVinney called the meeting to order at 5:37 p.m. 2. CONSIDER APPROVAL OF THE HISTORIC LANDMARK COMMISSION MINUTES OF: A. March 12, 2012 DeVinney stated the motion for approval under item 3A should read approved (8-0). Commissioner Michelle Lynn motioned, Commissioner Lindsey Keffer seconded to approve the minutes with the corrected amendment. Motion approved (7-0). B. April 30, 2012 DeVinney stated the minutes should be listed as a Special Called meeting, not as a Regular Meeting. Commissioner Michelle Lynn motioned, Commissioner Laura Mauelshagen seconded to approve the minutes with the corrected amendment. Motion approved (7-0). 3. PUBLIC HEARINGS: A.Consider a preliminary and final application for a Historic Landmark Designation for the property located at 903 W. Oak Street, and provide a recommendation regarding the appropriateness of the property to receive this designation to the Planning and Zoning Commission and City Council. (HL12-0002, 903 W. Oak Street, Nana Appiah) Appiah provided a brief background on this request, which included the ownership history. Appiah stated staff recommends approval of this request. Pulido questioned which other houses on the Historic District map are designated historic landmarks. Appiah stated the entire map is the Historic District; however, he is unaware which ones are designated historic landmarks. Jackson referred to Oak-Hickory Historic District ordinance in the Historical Landmark Commission notebook that indicates all the properties that have been historically designated. Appiah stated the applicant is not present. Peggy Capps, 915 West Oak Street, Denton, Texas Capps stated she and her husband purchased their home approximately 20 years ago, which is located adjacent to the subject site. Capps stated a younger couple purchased the subject site, and that has taken longer than expected to make repairs to the house. Capps stated she is in favor of this request. No further discussion, DeVinney closed the Public Hearing. Commissioner Lindsey Keffer motioned, Commissioner Pati Haworth seconded to approve this request. Motion approved (6-0). B. Consider approval of a Certificate of Appropriateness for removal of existing overhead doors. The property is located within a Downtown Commercial General (DC-G) zoning district and is designated as a historic landmark (COA12-0007, 421 E. Hickory, Johnna Matthews). Matthews provided a brief background on this request; Matthews indicated which doors would be replaced with glass. Matthews stated staff recommends denial of the Certificate of Appropriateness (COA), as it does not meet the criteria established by the United States Department of the Interiors Standards for Rehabilitation. Pulido questioned if this was a Historic Landmark or a if COA was approved when the doors were installed, Matthews stated she has been unsuccessful determining that information. Mauelshagen questioned the use of the building at this time; Matthews stated it is an office building. Ma recommend approval due to the applicant not wanting to replace with doors, Matthews stated that is correct. DeVinney questioned if the property could go back to being an industrial use, Matthews stated no that would not be allowed. Tim Beaty, Tim Beaty Builders 421 East Hickory Street, Denton, Texas Beaty provided the Commissioners with a brief history on this structure stating that the warehouse building burned in 1996. Beaty stated he purchased the building post fire and contacted the State Historic Landmark Commission in Austin, Texas to determine what could be done with the structure. The State of Texas had the state preservation architect and local architect work together to make the building useable. Beaty stated he has received a historic recognition with the windows, the windows were painted green. The doors installed were for security purposes during the time the building was purchased, a few have already been replaced with windows. The current tenants downstairs would like to replace the doors with windows for a proposed expansion. Beaty stated currently there are nine businesses that occupy this 72 year old 1 2 Commissioner Thom Reece motioned, Commissioner Frank Conner seconded to approve the 3 Consent Agenda. Motion approved (6-0). 4 4. PUBLIC HEARINGS: 5 A. Hold a Public Hearing and consider approval of an application for a Historic Landmark Designation for the property located at 903 W. Oak Street, and provide a recommendation regarding the appropriateness of the property to receive this designation to the City Council (HL12-0002, 903 West Oak Street, Nana Appiah) 6 7 Appiah provided a brief background on the request including the history of the house. Appiah 8 stated this was the first house in Denton to receive central air conditioning system. The Historic 9 Landmark Commission recommends approval of this request (6-0). Appiah stated staff 10 recommends approval of this request. 11 12 Keri Evans, property owner, 903 West Oak Street, Denton, Texas 13 14 Evans provided a brief history on the house including previous ownership. Evans stated there are 15 many fixtures to the house that are still original. Chairman Thomas closed the Public Hearing. 16 17 Commissioner Thom Reece motioned, Commissioner Patrice Lyke seconded to approve this 18 request. Motion approved (6-0). 19 5. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. 20 21 There were no future agenda items discussed. Chairman Thomas adjourned the meeting at 7 p.m. 5. PUBLIC HEARINGS: A. Consider an application for a Historic Landmark Designation for the property located at 903 W. Oak Street, and provide a recommendation regarding the appropriateness of the property to receive this designation to the City Council (HL12-0002, 903 West Oak Street, Nana Appiah) Appiah informed the Commissioners this item was presented previously on June 20, 2012 and was recommended approval (6-0). However, there was a notifcation error. Appiah stated nothing has changed with this item, the application and all the document submitted and approved. Appiah stated the applicant who is also however, she does not wish to speak. Chairman Thomas closed the Public Hearing. Commissioner Frank Conner motioned, Commissioner Patrice Lyke seconded to approve this Public Hearing item. Motion approved (6-0). AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Hold a public hearing and receive citizen input on the FY 2012-13 Proposed Budget. BACKGROUND The City Charter and State Law require that prior to budget adoption, a public hearing be conducted to allow citizens the opportunity to provide input on the Proposed Budget. The required notice of the public hearing was published August 12, 2012, in the Denton Record Chronicle. http://www.cityofdenton.com and on the public access channel. A copy of the published notice is provided for reference. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The FY 2012-13 Proposed Budget was submitted to the City Council on July 27, 2012. A City Council Budget Workshop was held on August 2, 2012, and the City Council also discussed the Proposed Budget at their August 7 and August 14 meetings. Copies of the Proposed Budget are available to the public at any City of Denton library branch, and an electronic copy of the document is available on-line site, http://www.cityofdenton.com. FISCAL INFORMATION The 2011-13 Proposed Budget totals $746,049,215 in estimated resources and $744,993,033 in estimated expenditures. EXHIBITS Notice of Public Hearing on Budget Respectfully submitted: Bryan Langley CFO and Director of Strategic Services AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Hold a public hearing on a proposal to adopt a tax rate of $0.68975 per $100 valuation, which will exceed the lower of the rollback rate or the effective rate. BACKGROUND The Texas Constitution and Texas Property Tax Code require taxing units to comply with specific guidelines in adopting tax rates. The guidelines are related to a concept known as truth- in-taxation. This concept is a way to make taxpayers aware of tax rate proposals and allow tax payers in certain circumstances, to roll back or limit a tax increase. The truth-in-taxation guidelines require taxing entities to calculate and publish their effective and rollback tax rates. The effective rate is the calculated rate that would provide the taxing unit approximately the same amount of revenue it received in the previous year on properties taxed in both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes $0.68046/$100 valuation. The rollback rate divides the total property tax revenue into support for maintenance and operations (M&O) taxes and debt service taxes. It provides approximately the same amount of revenue as in the previous year for maintenance and operations expenses, plus an extra eight percent. If a taxing unit adopts a tax rate higher than the rollback rate, the voters have the option rate is $0.73218/$100 valuation. In compliance with state law, staff published the effective and rollback rate calculation in the Sunday, August 5, 2012, issue of the Denton Record Chronicle. -13 Proposed Budget recommends a tax rate of $0.68975 per $100 of valuation, and this rate is $0.00929 above the effective rate. It is important to note that the recommended for FY 2012- tax rate exceeds the effective tax rate, two public hearings are required to take place prior to the budget For the two public hearings that are required, staff published a quarter-page notice in the Sunday, thth August 12 and August 19 editions of Denton Record Chronicle (Exhibit 1). The attached Agenda Information Sheet August 21, 2012 Page 2 nd Denton Record Chronicle (Exhibit 2). In addition to the media publications, all notices will be posted on http://www.cityofdenton.com and the public access channel. ESTIMATED SCHEDULE August 28, 2012 Hold Second Required Public Hearing on Tax Rate September 11, 2012 Adopt Tax Rate and Approve FY 2012-13 Budget PRIOR ACTION/REVIEW -13 Proposed Budget was provided to the City Council. On August 2, 2012, the City Council was provided with detailed information regarding the proposed FY 2012-13 Proposed Budget, including the proposed tax rate. On August 7, 2012, the City Council discussed the proposed budget and voted to place a proposal on the September 11, 2012, City Council agenda to approve a tax rate above the effective rate. On August 14, 2012, the City Council discussed the proposed budget. FISCAL INFORMATION In the FY 2012-13 Proposed Budget, a tax rate of $0.68975 per $100 valuation is recommended. EXHIBITS 1: Notice of Public Hearing on Tax Increase 2: Notice of Tax Revenue Increase Respectfully submitted: Bryan Langley CFO and Director of Strategic Services b·z-; E tÒ,z- I; ©zm ã L-©; ; The City of Denton, Texas, will hold two public hearings on a proposal to increase total ta properties on the tax roll in the preceding tax year by 1.4 percent (percentage by which proposed tax rate exceeds lower of rollback rate or effective tax rate calculated under Ch increase at a greater or lesser rate, or even decrease, dependinxable value of your property in relation to the change in taxable value of all other property The first public hearing will be held on August 21, 2012 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas 76201. The second public hearing will be on August 28, 2012 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas 76201. The members of the governing body voted on the proposal to consitax increase as follows: FOR: Mark A. Burroughs, Mayor, Pete Kamp, Mayor Pro Tem and Council M Council Member District 1, Dalton Gregory, Council Member Distri AGAINST: None. PRESENT and not voting: None. ABSENT: Chris Watts, Council Member District 4 and James King, Council M The average taxable value of a residence homestead in Denton, Texas last year was $154,378 (average taxable value of a residence homestead in the taxing unit for the preceding tax year, disr $0.68975 (preceding er $100 of taxable value, the amount of taxes imposed last year the average home was $1,064.82 (tax on average taxable value of a residence homestead in the ta preceding tax year, disregarding residence homestead exemptions ly to disabled persons or persons 65 years of age or older). The average taxable value of a residence homestead in Denton, Texas this year is $154,354 (average taxable value of a residence homestead in the taxing unit for the current tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or tax rate this year of $0.68046 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $1,050.32 (tax on average taxable value of a residence homestead in the tacurrent tax year, disregarding residence homestead exemptions available age or older). If the governing body adopts the proposed tax rate of $0.68975 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $1,064.65 (tax on average taxable value of a residence homestead in the taxing unit for the current tax year, disregarding residence homestead exemptions available to disabled persons or persons 65 years of age or older). Members of the public are encouraged to attend the hearings and Publish in September 2, 2012 Denton Record Chronicle Notice of Tax Revenue Increase The City of Denton, Texas, conducted public hearings on August 21, 2012 and August 28, 2012 on a proposal to increase the total tax revenues of the City of Denton, Texas from properties on the tax roll in the preceding year by 1.4 percent. The total tax revenue raised last year at last year's tax rate of $0.68975 for each $100 of taxable value was $44,707,202. The total tax revenue proposed to be raised this year at the proposed tax rate of $0.68975 for each $100 of taxable value, excluding tax revenue to be raised from new property added to the tax roll this year, is $45,410,077. The total tax revenue proposed to be raised this year at the proposed tax rate of $0.68975 for each $100 of taxable value, including tax revenue to be raised from new property added to the tax roll this year, is $46,328,517. The City Council of the City of Denton, Texas, is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held on September 11, 2012 at the City Council Chambers in City Hall, 215 E. McKinney Street, Denton, Texas, 76201 at 6:30 p.m.