HomeMy WebLinkAboutSeptember 18, 2012 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
September 18, 2012
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, September 18, 2012 at 3:00 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each
speaker will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for September 18, 2012.
3. Receive a report, hold a discussion, and provide staff with direction regarding a proposed
ordinance which imposes liens on non-homestead and non-rental properties for the
collection of delinquent municipal utility bills.
4. Receive a report, hold a discussion, and give staff direction regarding on-site recycling
service for multi-family residential communities.
5. Receive a report, hold a discussion, and give staff direction on the selection process and
composition of the Citizen Advisory Committee to the update of the Denton Plan.
6. Receive a report, hold a discussion, and give staff direction regarding the creation of an
ad-hoc citizen advisory committee to advise Council and staff on the development of an
ordinance regulating smoking and the composition of such a citizen committee.
7. Receive a report, hold a discussion and give staff direction regarding the CHP-Economic
Development District business development plan. (DME)
8. Receive a report, hold a discussion and give staff direction regarding DME entering into
a License Agreement with ECOtality, Inc., for the construction and placement of Electric
Vehicle Charging Stations (EV) as part of the Department of Energy’s (DOE) “The EV
Project” (Project).
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. 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
September 18, 2012
Page 2
A.Consultation with Attorneys – Under Texas Government Code Section 551.071.
1. Consult with City’s attorneys regarding legal issues and strategies related
to the demolition of substandard buildings, along with discussion of
recommended code amendments to clarify and refine the procedures
applicable to hearings and appeals of such cases.
B. Deliberations Regarding Real Property – Under Texas Government Code Section
551.072; and 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 a tract of land,
located in the M.E.P. & P.R.R. Company, Abstract Number 927, in the
City of Denton, Denton County, Texas, and generally located on the
southwest corner of north Loop 288 and Audra Lane. Consultation with
the City’s attorneys regarding legal issues associated with the potential
acquisition of the real property described above, where a public discussion
of these legal matters would conflict with the duty of the City’s attorneys
to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or
would jeopardize the City’s legal position in any 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 presentation from Denton Municipal Electric (“DME”) staff
regarding public power competitive and financial matters pertaining to
plans, strategies, opportunities, and developments for generation
improvements to the DME system; discuss and deliberate strategies
relating to selecting and acquiring generation resources for the City;
discuss and deliberate opportunities and strategies for the City to acquire
purchased power, enter into fuel transportation arrangements, and enter
into agreements regarding the same in light of the possible resource
shortage in ERCOT in order to meet its future energy needs. Discuss,
deliberate and provide Staff with direction.
2. Receive a presentation from DME staff regarding certain public power
competitive and financial issues regarding purchased power pricing
information including the First Amendment to Full Requirements
Wholesale Electric Power Service Agreement between the City of Denton,
Texas and NRG Power Marketing, LLC (First Amendment); discuss,
deliberate, consider approval of and take final action on the said First
Amendment.
3. Receive a report and a presentation from Denton Municipal Electric staff
regarding certain public power competitive and financial matters regarding
ongoing negotiations regarding the Request for Proposals No. 4859 issued
City of Denton City Council Agenda
September 18, 2012
Page 3
by the City soliciting proposals for a solar-generated energy facility or
facilities for the City of Denton, Texas, and a proposed Non-Binding
Letter of Intent by and between the City of Denton, Texas and the
proposed successful bidder; discuss, deliberate, provide staff with
direction, consider and take final action regarding such matters.
Consultation with the City’s attorneys regarding legal advice regarding
such matters referenced above. A public discussion of this legal matter
would conflict with the duty of the City’s Attorneys to the City of Denton,
Texas under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER
EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
“Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and
indivisible.”
2. PROCLAMATIONS/PRESENTATIONS
A.Proclamations/Awards
1. UNT Mean Green Pride Proclamation
2. Presentation of the Government Finance Officers Association
Distinguished Budget Award
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Richard Rogers regarding Greenfest on the Greenbelt, Sept. 29, 2012.
City of Denton City Council Agenda
September 18, 2012
Page 4
4. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A – T). 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 – T below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A.Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager or his designee to execute a Contract of Sale (herein so called)
between the City of Denton, as Buyer and G. Brad Grant, Becky J. Grant, and
Charles A. Grant, Jr., collectively, as Seller, contemplating the sale and purchase
of an approximate 26.464 acre tract of land, being located in the M.E.P. & P.R.R.
Company Survey, Abstract Number 927, City and County of Denton, Texas,
(“Real Property”), for a purchase price of Two Million and No/100 Dollars
00
($2,000,000.); authorizing the City Manager, or his designee, to execute and
deliver the Contract of Sale, and all other documents necessary to accomplish
closing of the transaction contemplated by the Contract of Sale; authorizing the
expenditure of funds therefore; and providing an effective date. The Public
Utilities Board recommends approval (5-0).
B.Consider adoption of an ordinance authorizing the City Manager, or his designee,
to execute on behalf of the City of Denton a fifth Amendment to an Airport Lease
Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended
by Ordinance 2009-323 dated December 15, 2009 and amended by Ordinance
2010-193 dated August 7, 2010 and amended by Ordinance 2012-056 dated
March 6, 2012 and amended by Ordinance 2012-057 dated March 6, 2012
between the City of Denton, Texas and Sykes-Vaughn Investments, LLC, which
includes among other provisions the right to sell aviation fuel to the public for a
fuel flowage fee and to provide commercial hanger and tie-down service at the
Denton Municipal Airport for real property located at 4600 Taxilane “H”; and,
providing an effective date. The Council Airport Committee recommends
approval (3-0).
C.Consider adoption of an ordinance authorizing the City Manager, or his designee,
to execute on behalf of the City of Denton a Commercial Operator Lease
Agreement between the City of Denton, Texas and HTA Aviation for
approximately 26,055 square feet of land located at 4910 Lockheed Lane at the
Denton Airport; and, providing an effective date. The Council Airport Committee
recommends approval (3-0).
City of Denton City Council Agenda
September 18, 2012
Page 5
D.Consider the adoption of an ordinance of the City of Denton, Texas, approving a
Fourth Amendment to an Economic Development Program Grant Agreement
dated September 9, 2008 between the City of Denton and DCTIRZ, a Texas
Limited Liability Company, to assign all rights and title, to and under the
Agreement to Amarillo National Bank.
E.Consider adoption of an ordinance of the City of Denton, Texas, Nunc Pro Tunc,
correcting an inadvertent mistake in Ordinance No. 2012-188, specifically its
amendment of a rezoning from a Neighborhood Residential 3 (NR-3) zoning
district and land use classification to a Neighborhood Residential Mixed Use 12
(NRMU-12) zoning district and land use classification with a restrictive overlay
on 3.3 acres of land 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; providing for a penalty in the
maximum amount of $2,000.00 for violation thereof; providing for severability,
savings and supersedure; and providing for an effective date.
F.Consider adoption of an ordinance of the City of Denton, Texas approving an
Interagency Cooperation Contract by and between the University of Texas at
Arlington and the City of Denton, Texas for a term of three years to provide
landfill field testing and monitoring services, enhanced leachate recirculation
modeling, efficiency analyses, research, development of a mining methodology
and materials characterization in order to support ongoing studies of several
landfill parameters for the City of Denton Landfill in an amount not-to-exceed
$344,415; providing for retroactive approval, confirmation and ratification
thereof; authorizing the City Manager or his designee to execute said contract on
behalf of the City of Denton; providing for the expenditure of funds; and
providing an effective date (File 4816). The Public Utilities Board recommends
approval (5-0).
G.Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a Thirty-Six Month Lease Agreement with
Ricoh USA, Inc. for production printing equipment for the City of Denton
Reprographics Division through the Buy Board Cooperative Purchasing Network
(Contract # 349-11); and providing an effective date. (File 5029–Lease of
Production Printing Equipment awarded to Ricoh USA, Inc. in the annual lease
amount of $87,738.96 for a thirty-six month total of $263,216.88).
H.Consider adoption of an ordinance accepting sealed proposals and awarding a
Two Year Contract for Maintenance Services for the City of Denton Vehicle
Wash Facility located at 1251 South Mayhill Road and providing an effective date
(RFP 4837–Vehicle Wash Facility Services awarded to Pro-Tech Service
Company, L.L.C. in the annual estimated amount of $75,000 for a two year total
of $150,000). The Public Utilities Board recommends approval (5-0).
I.Consider adoption of an ordinance accepting sealed proposals and awarding a
Public Works Contract for the Installation of a Belanger Condor Vehicle Wash
System at the City of Denton’s Vehicle Wash Facility; providing for the
FP 4837–
expenditure of funds therefor; and providing an effective date (R
awarded to Pro Tech Service Company, L.L.C. in the amount of $86,590.04).
The Public Utilities Board recommends approval (5-0).
City of Denton City Council Agenda
September 18, 2012
Page 6
J.Consider adoption of an ordinance approving the expenditure of funds for Red
Light Citation Verification Services for the City of Denton Automated Traffic
Signal Enforcement program available from only one source in accordance with
Texas Local Government Code 252.022, exempting such purchases from
requirements of competitive bids; providing for the expenditure of funds therefor;
and providing an effective date (File 4984–Red Light Citation Collection Contract
awarded to Redflex Traffic Systems, Inc., in the five year not to exceed amount of
$150,000).
K.Consider adoption of an ordinance accepting competitive proposals and awarding
a Two Year Contract for Administrative Services Only (ASO) for Medical and
Pharmacy Benefits and Employee Assistance Program (EAP) for the City of
Denton; providing for the expenditure of funds therefor; and providing an
effective date (RFP 4956–Administrative Services Only (ASO) for Medical and
Pharmacy Benefits and Employee Assistance Program (EAP) awarded to United
Healthcare Services, Inc. in the annual estimated amount of $601,779.36 for ASO
and $27,074.40 for the EAP for a total annual estimated amount of $628,853.76
and for a two year estimated expenditure of $1,257,707.52).
L. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas authorizing the City Manager to execute a License Agreement by and
between the City of Denton, Texas, as Licensee and Electric Transportation
Engineering Corporation d/b/a/ ECOtality North America, a Corporation, as
Licensor, for Electric Vehicle Supply Equipment and Software for the ECOtality
Project for Electric Vehicle Refueling Stations; approving the expenditure of
funds therefore; and providing an effective date. (DME)
M. Consider adoption of an ordinance approving the “National Highway System
(NHS) program project agreement for state-contracted traffic signal construction
(with municipality providing limited materials or labor)” regarding the City’s
participation in the procurement and installation of traffic signals on roadways
within the city limits of the City of Denton, Texas by and between the City of
Denton, Texas and the State of Texas, acting by and through its agency, the Texas
Department of Transportation; providing the City Manager with authority to carry
out the rights and duties of the city regarding said agreement; and providing an
effective date.
N. Consider approval of a resolution creating an ad-hoc citizen advisory committee
to advise Council and staff on the development of an ordinance regulating
smoking and the composition of such a citizen committee.
O. Consider approval of the minutes of:
August 6, 2012
August 7, 2012
August 14, 2012
City of Denton City Council Agenda
September 18, 2012
Page 7
P. Consider approval of the Parks, Recreation and Beautification Board’s
recommendation to select artist Michael Boyett’s sculpture, The Legacy, as public
art for the City of Denton. The sculpture, which will cost $31,911, is pursuant to
the City of Denton Public Art policy approved by Resolution R2006-014 and will
be 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).
Q. Consider approval of a resolution amending Resolution No. R2011-036 regarding
the Denton Handbook for Boards, Commissions, and Council Committees to add
a process by which Boards and Commissions may communicate with the City
Council.
R. Consider adoption of an ordinance accepting competitive proposals and awarding
a Two Year Contract for Property, Boiler and Machinery Insurance Coverage for
the City of Denton; providing for the expenditure of funds therefor; and providing
an effective date (RFP 5017–Property, Boiler and Machinery Insurance Coverage
for the City of Denton awarded to Affiliated FM Insurance Company at a rate of
$0.0655 per $100 of insurable value).
S. Consider adoption of an ordinance for the City of Denton, Texas authorizing the
City Manager to execute a professional service agreement with Focused
Advocacy, LLC to assist the City in advancing its State Legislative Program,
assist council and staff in addressing proposed legislation, and make the City
aware of any legislative or administrative initiatives believed to be detrimental to
the interests of the City; authorizing the expenditure of funds therefore; and
providing an effective date (amount not to exceed $137,500 annually, or $275,000
for the total two-year contract).
T. Consider approval of a resolution expressing the intent of the City Council of the
City of Denton, Texas to seek reimbursement for the purchase price and any
remediation costs under certain circumstances for the property acquired pursuant
to Ordinance No. 2012-187, consisting of a 2.0 acre tract, more or less, and
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, and providing
an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.Consider appointments to the Ad-hoc Citizen Advisory Committee on the
Smoking Regulations.
B. Consider nominations/appointments to the City’s Boards & Commissions.
1. Community Development Advisory Committee
2. Health & Building Standards Commission
3. Human Services Advisory Committee
4. Parks, Recreation and Beautification Board
5. Public Utilities Board
City of Denton City Council Agenda
September 18, 2012
Page 8
C.Consider approval of a resolution of the City Council of the City of Denton,
Texas receiving and accepting the City of Denton, Texas capacity, management,
operation and maintenance (“CMOM”) self-audit report conducted by Pipeline
Analysis, L.L.C. dated July, 2012, regarding the Denton wastewater collection
system utilizing the Environmental Protection Agency’s “Region IV CMOM self-
audit/self disclosure program” and components of the Environmental Protection
Agency’s sanitary sewer overflow (“SSO”) draft rule, including the CMOM and
asset management (“AM”) business practices; and providing an effective date.
6.PUBLIC HEARINGS
A.Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a Comprehensive Plan amendment from an Existing
Land Use/Infill Compatibility future land use designation to a Downtown
University Core future land use designation for approximately 13.31 acres,
generally located on the south side of I-35E, approximately 500 feet west of North
Texas Boulevard and legally described as a tract of land situated in the Eugene
Puchalski Survey, Abstract No. 996, Denton County, Texas, and being a portion
of that certain tract of land as described in deed to the State of Texas, recorded in
Volume 294, Page 121, and Volume 291, Page 82 of the deed records of Denton
County, Texas, and being all of Lot 1, Block 1 of the Final Plat of Sheraton North
Texas Addition, an addition to the City of Denton, Denton County, Texas,
recorded in Cabinet C, Page 400, of the plat records of Denton County, Texas;
providing for a penalty in the maximum amount of $2,000.00 for violations
thereof; and providing for severability and an effective date. (CA12-0001) The
Planning and Zoning Commission recommends approval (6-0).
B.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 2
(NR-2) and Neighborhood Residential Mixed Use (NRMU) to a Downtown
Commercial General (DC-G) zoning district classification and use designation for
approximately 13.31 acres, generally located on the south side of I-35E,
approximately 500 feet west of North Texas Boulevard and legally described as a
tract of land situated in the Eugene Puchalski Survey, Abstract No. 996, Denton
County, Texas, and being a portion of that certain tract of land as described in
deed to the State of Texas, recorded in Volume 294, Page 121, and Volume 291,
Page 82 of the deed records of Denton County, Texas, and being all of Lot 1,
Block 1 of the Final Plat of Sheraton North Texas Addition, an addition to the
City of Denton, Denton County, Texas, recorded in Cabinet C, Page 400, of the
plat records of Denton County, Texas; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof; and providing for severability and an
effective date.(Z12-0002) The Planning and Zoning Commission recommends
approval (6-0).
C.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
Regional Center Commercial Downtown (RCC-D) on approximately 9.5 acres
and the rezoning of approximately 3.6 acres from Regional Center Residential 1
(RCR-1) zoning district and use classification to a RCC-D zoning district and use
City of Denton City Council Agenda
September 18, 2012
Page 9
classification; located on the west side of North I-35, south of Ganzer Road and
north of Barthold Road; and providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (Z12-0004)
The Planning and Zoning Commission recommends approval (7-0).
D.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 2
(NR-2) zoning district to a Neighborhood Residential 6 (NR-6) zoning district on
approximately 23.9 acres. The property is located south of Pockrus Page Road,
east of the Interstate 35 frontage road and west of Cattail Lane, within the City of
Denton, Denton County, Texas; providing for a penalty in the maximum of
$2,000.00 for violations thereof, severability and an effective date.(Z12-0006)
The Planning and Zoning Commission recommends approval (6-0).
E. Hold a public hearing and consider adoption of an ordinance of the City of
Denton regarding a Specific Use Permit to allow a beauty shop as a home
occupation within a single-family residence on a 0.137 acre property located
within a Neighborhood Residential 4 (NR-4) zoning district. The subject
property is generally located north of Terry Court and west of Mockingbird
Lane, within the City of Denton, Denton County, Texas; providing for a penalty
in the maximum of $2,000.00 for violations thereof, severability and an effective
date.(S12-0002) The Planning and Zoning Commission recommends approval
(7-0).
7. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Nell Yeldell regarding the Denton County Tax Office.
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
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
City of Denton City Council Agenda
September 18, 2012
Page 10
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
C
ERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the ________day of ___________________, 2012 at ________o'clock
(a.m.) (p.m.)
__________________________________________
CITYSECRETARY
NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN
ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL
PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF
REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING.
PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE
TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY-
TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE
CITYSECRETARY’SOFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE
: September 18, 2012
DEPARTMENT
: Finance
ACM:
Bryan Langley
SUBJECT
Receive a report, hold a discussion, and provide staff with direction regarding a proposed
ordinance which imposes liens on non-homestead and non-rental properties for the collection of
delinquent municipal utility bills.
BACKGROUND
On November 16, 2010, the City Council unanimously approved the implementation of
Ordinance No. 2010-292, which details the credit and collection practices utilized by Denton
Municipal Utilities. To date, the ordinance provisions have assisted in the reduction of customer
delinquencies and uncollectible debt through the use of credit screening, deposit assessment, and
collection procedures that encourage on time payment. Despite these successes, staff has
identified debts incurred by some segments
effectively addressed by Ordinance No. 2010-292.
While all utility customers are required to adhere to the provisions outlined in Ordinance No.
2010-292, staff is finding it challenging to collect on large unpaid debts incurred by customers
that are receiving services at an address other than their primary residence. These account types
include commercial and residential properties that do not qualify as homestead real property. In
many cases, risk assessment and service deposits are reducing the risk of these debts; however,
the size of the debts involved and the volatile nature of the economy can sometimes make risk
assessment challenging. As a result, the assessment of utility deposits does not fully insulate the
City from the risks presented by non-homestead utility debts. Over the last five and one-half
fiscal years, approximately $817,000 of the $5.2 million in uncollected debt was the
responsibility of the utility customers described above. To address the aforementioned
challenges, Customer Service and Legal staff have investigated the use of liens to secure future
debts incurred by non-homestead real property owners.
According to Texas state law, a municipality may, by ordinance, impose a lien against a property
condition that the property is non-homestead,
name, Imposing a lien
in these cases will allow the City to collect on all charges for utility service, penalty, interest, and
collection costs before the title is cleared by a title company for the transfer of real property to a
potential buyer of the property. Once a lien has been imposed, the City will release the lien upon
payment in full of the charges listed above. In the event that there are multiple encumbrances
recorded -fide mortgage lien, but
shall be superior in priority to previously recorded judgment liens as well as to any lien that is
recorded
Agenda Information Sheet
September 18, 2012
Page 2
It is the intent of this ordinance to reduce the impact of larger debts in which all other collection
attempts have failed. Should the addition of Section 26-12 be approved, staff recommends that
liens be imposed on non-homestead, non-rental accounts with delinquent utility debts exceeding
a total of $1,000. As such, it is important to note that properties owned by commercial entities
will be the primary properties affected. Customers that own or lease a property as their primary
residence will be exempted from this provision. Customer Service personnel will notify in
writing any customer whose property has a lien filed against it. In addition to the utility services
filing the lien, $14.00 for the first page and $5.00 for each additional page, to be paid prior to
releasing the lien.
In order to further reduce the impact of future uncollectible debt, staff recommends
implementing the aforementioned ordinance to impose liens on non-homestead properties to
secure payment of utility services rendered but delinquent. If the City Council is in agreement
with the proposed ordinance, staff will present the ordinance via consent agenda to the City
Council on October 2, 2012.
RECOMMENDATION
Staff recommends approval of the attached ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On November 16, 2010, the City Council approved Ordinance No. 2010-292.
On August 7, 2012, a utility lien ordinance was presented to the Audit/Finance Committee. The
Committee recommended that staff proceed to review the ordinance with the Public Utilities
Board and the City Council.
On August 27, 2012, the Public Utilities Board recommended that staff proceed to review the
proposed utility lien ordinance with the City Council.
FISCAL INFORMATION
Over the last five and one-half fiscal years, approximately $817,000 in uncollected utility debts
has been incurred by non-homestead property owners.
EXHIBITS
1.PowerPoint Presentation
2.Section 552.0025, Texas Local Government Code
3. Proposed Ordinance
Respectfully submitted:
Ethan Cox
Customer Service Manager
9IL.L
Sec. 552.0025. CONNECTION, DISCONNECTION, AND LIABILITY
FOR MUNICIPAL UTILITY SERVICES. (a) A municipality may not
require a customer to pay for utility service previously
furnished to another customer at the same service connection as
a condition of connecting or continuing service.
(b) A municipality may not require a customer's utility
bill to be guaranteed by a third party as a condition of
connecting or continuing service.
(c) A municipality may require varying utility deposits
for customers as it deems appropriate in each case.
(d) Except as provided in Subsections (e) and (f), a
municipality may by ordinance impose a lien against an owner's
property, unless it is a homestead as protected by the Texas
Constitution, for delinquent bills for municipal utility service
to the property.
(e) The municipality's lien shall not apply to bills for
service connected in a tenant's name after notice by the
property owner to the municipality that the property is rental
property.
(f) The municipality's lien shall not apply to bills for
service connected in a tenant's name prior to the effective date
of the ordinance imposing the lien. This subsection shall not
apply to ordinances adopted prior to the effective date of this
Act.
(g) The municipality's lien shall be perfected by
recording in the real property records of the county where the
property is located a notice of lien containing a legal
description of the property and the utility's account number for
the delinquent charges. The municipality's lien may include
penalties, interest, and collection costs.
(h) The municipality's lien is inferior to a bona fide
mortgage lien that is recorded before the recording of the
municipality's lien in the real property records of the county
where the property is located. The municipality's lien is
superior to all other liens, including previously recorded
9IL.L
judgment liens and any liens recorded after the municipality's
lien.
Added by Acts 1989, 71st Leg., ch. 304, Sec. 1, eff. Aug. 28,
1989.
Renumbered from Local Government Code, Section 402.0025 by Acts
2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1,
2009.
DRAFT #2 MSC 073012 EXHIBIT 3
ORDINANCE NO. 2012-________
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS BY ADDING SECTION 26-12 THERETO; PROVIDING FOR THE IM-
POSITION OF A LIEN ON REAL PROPERTY, OTHER THAN HOMESTEAD PROPERTY,
FOR DELINQUENT MUNICIPAL UTILITY BILLS FOR UTILITY SERVICE TO THE RE-
AL PROPERTY; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A SEVERA-
BILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 552.0025 of the Texas Local Government Code provides
municipality e-
stead as protected by the Texas Constitution, for delinquent bills for municipal service to the
WHEREAS, the City of Denton, Texas owns Denton Municipal Electric, which is a mu-
nicipally-owned public power utility of the City of Denton, Texas that provides retail electric
service within its certificated service area; and
WHEREAS, the City of Denton, Texas also provides water, wastewater, and drainage
utility service to properties within the municipal boundaries of the City of Denton, Texas; and
WHEREAS, the City of Denton, Texas experiences at times owners of real property who
fail to pay for electric, water, wastewater, and drainage utility service provided by the City of
Denton, Texas; and
WHEREAS, the Public Utilities Board of the City of Denton, Texas has reviewed this
proposed ordinance and deems it to be in the best interest of the City of Denton, Texas to im-
prove the efficiency and competitiveness of its municipally-provided utility service; that it fair
and equitable to all of the paying ratepayers of its utilities; and the Public Utilities Board unani-
mously recommends adoption of this ordinance by the City Council of the City of Denton, Tex-
as; and
WHEREAS, the City Council of the City of Denton, Texas deems it to be in the best in-
terest of its citizens and ratepayers to have the ability to impose a lien on eligible non-homestead
real properties as a further means of securing payment and collection of delinquent utility bills
for electric, water, wastewater, and drainage service; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby adopts and approves Section 26-12 of the Code of
Ordinances of the City of Denton, Texas which is hereby added;
Utility Lien for Delinquent Payments Owing for
as follows:
1
DRAFT #2 MSC 073012 EXHIBIT 3
Sec. 26-12. Municipal Utility Lien for Delinquent Payments Owing for Municipal Utility
Service.
(a) Subject to the provisions contained in this Section and pursuant to State law, the City
of Denton, Texas is authorized to impose a lien on real property owned by any customer of the
ectric, water, wastewater, and drainage utilities when such customer has failed to pay for
the utility service provided.
(b) Any lien authorized by this Section shall include all delinquent charges for utility
service, penalties, interest, and collection costs.
(c) Any lien authorized by this Section shall be perfected by recording it in the real
property records of Denton County, Texas on a Notice of Lien, in a form approved by the City At-
torney, and duly executed by the City Manager or his designee. The Notice of Lien shall contain a
legal de
(d) Provided however, any lien authorized by this Section shall not apply to the follow-
ing:
(1) Homestead real property; or
(2) iate City
of Denton utility department has received notice from the property owner that the proper-
ty is rental property; or
(3) Any bills for utility services effective
date of this ordinance.
(e) The lien authorized by this Section shall be inferior to a bona-fide mortgage lien that
Notice of Lien in the real property records of Denton
County, Texas. The lien authorized by this Section is superior to all other liens, including without
(f) The City Manager or his designate shall have the authority to release any lien im-
posed in accordance with this Section when all delinquent charges for utility service, penalties, in-
terest, and collection costs have been fully paid. The release shall be in a form approved by the City
Attorney and shall be duly executed by the City Manager or his designate, and recorded in the real
property records of Denton County, Texas.
(g) The authority and the rights granted in this Section are cumulative to any and all le-
gal rights and remedies, methods of collection and/or security available to the City of Denton, Texas
Code of Ordinances.
2
DRAFT #2 MSC 073012 EXHIBIT 3
SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of Denton, Texas, as amended, except when provisions of
this ordinance are in direct conflict with the provisions of such ordinances and such Code. All
conflicting provisions of such ordinances and such Code are hereby repealed to the extent of that
conflict only.
SECTION 3. It is hereby declared to be the intention of the City Council that the sec-
tions, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitution-
al by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionali-
ty shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of
this ordinance since the same would have been enacted by the City Council without the incorpo-
ration of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or sec-
tion.
SECTION 4. The City Council finds and declares that sufficient written notice of the
date, hour, place and subject of this City Council meeting was posted at a designated place con-
venient to the public in the Denton City Hall for the time required by law preceding this meeting;
that such place of posting was readily accessible at all times to the general public; and that all of
the foregoing was done as required by law at all times during which the ordinance and the sub-
ject matter thereof has been discussed, considered and formally acted upon.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton,
Texas, within ten days of the date of its passage.
PASSED AND APPROVED this the ______ day of ________________, 2012.
_________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: _________________________________
3
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Solid Waste/Recycling
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding on-site recycling service
for multi-family residential communities.
BACKGROUND
The Denton City Council has established a 40% overall diversion rate of waste from the Landfill
in its current Strategic Plan. The Sustainability Plan suggests a residential diversion rate of 60%,
for residential programs. In order to increase the access to recycling for multi-family residents,
some cities have adopted multifamily and/or commercial recycling ordinances that direct the
property owners or managers to implement on-site recycling programs. Staff can develop a
framework of recommendations goals to address Multi-Family
Residential properties.
Currently in the City of Denton, on-site single-stream recycling for multi-family properties is
offered by the Solid Waste and Recycling Department as an elective service, and usually
involves switching a current trash dumpster for a recycling dumpster to collect single-stream
(mixed) recycling- mixed paper, cardboard, boxboard, aluminum, steel, plastic and glass.
However, only a small number of properties offer recycling to their residents. Despite much
interest from apartment residents, there are physical barriers to on-site multi-family recycling:
right-of-way
Currently located trash dumpsters in the City or on the curb.
Space
- dumpsters are located in parking spaces, or on a landscaped area.
Enclosures
- not enough on the property, or they are too small, and properties built after
2006 should have all dumpsters in enclosures.
In February 2012, City Council directed staff to conduct a field study to determine the number of
dumpsters and their locations in multi-family communities. The results are as follows:
Location of Dumpsters Number of Dumpsters
Right-of-Way 185
Parking or landscape areas 203
Designated unscreened area 118
Single enclosure 92
Dual enclosure 37
Compactor only 10
Trash dumpster + recycling carts 5
Total 664
Agenda Information Sheet
September 18, 2012
Page 2
Screening trash dumpsters was established as a city priority in the 1999 Comprehensive Plan.
Subsequently, criteria for sighting and enclosing dumpsters in new commercial and multi-family
developments were created and implemented into the Denton Development Code. Additionally,
direction from the City Council in 2006 was to work to eliminate existing dumpsters located in
the right-of-way or on the curb. The Solid Waste Site Design Criteria Manual has been updated
to accommodate both trash and recycling infrastructure in new developments.
OPTIONS
In order to meet and exceed City of Denton recycling goals, City Council can consider the
following options:
Direct staff to continue voluntary recycling program with current container location
limitations.
Direct Staff to offer voluntary recycling at all multi-family locations; mirror current trash
locations if needed.
Direct Staff to develop requirement for recycling at all multi-family locations; mirror
current trash locations if needed.
Direct staff to design a requirement for on-site multi-family recycling service in
conjunction with a plan* to address collection container locations and screening to
compliment new development enclosure requirements.
RECOMMENDATION
Staff recommends moving forward to design a requirement for on-site multi-family recycling
service in conjunction with a plan* to address collection container locations and screening to
compliment new development enclosure requirements.
*The plan would be developed to consider input from stakeholder groups, site-specific
conditions, education and training, and have a staggered implementation timeline.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The City Council received a report on February 14, 2012 regarding issues and barriers to on-site
multi-family recycling.
The City Council received informal staff report 11-053 regarding Multi-Family Recycling on
July 28, 2011.
The City Council received a staff report regarding dumpsters located in the right-of-way and on
curbs on May 1, 2006.
EXHIBITS
1.PowerPoint Presentation
Respectfully submitted:
A. Vance Kemler
General Manager, Solid Waste Services
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Planning & Development
ACM:
John Cabrales
SUBJECT:
Receive a report, hold a discussion, and give staff direction on the selection process and
composition of the Citizen Advisory Committee, their duties and responsibilities in association
with the update to the Denton Plan.
BACKGROUND
On August 7, Wallace, Roberts, and Todd, LLC (WRT) the consultant hired to prepare the
update to the Denton Plan recommended to City Council, the formation of a 20-30 member
Citizen Advisory Committee (CAC). WRT proposed that the CAC be broad based and
representative of the community at large, and actively participate in the activities of the update
process for the duration of this effort. The primary responsibility of the CAC is:
To provide feedback to WRT on the goals, recommendations, and strategies that will be
developed throughout the update process.
Review technical reports and documents prepared by WRT and City staff.
o
Maintain consistent attendance at CAC meetings and other scheduled events.
o
Represent broad community interests.
o
Following their presentation, WRT presented options for City Council’s consideration
concerning the composition of the CAC which included:
1.Using existing Boards and Commissions to utilize their knowledge and experience;
2.Appointing members from the public, to introduce more of the community into the City’s
governmental process; or
3.Using a combination of the public and Board and Commission members.
The overall concern of the selection process is to avoid the Committee being heavily weighted
towards a single interest group or towards the existing Boards and Commissions membership to
avoid the public perception that the plan being catered to a specific interest group or is the
creation of the City and not the Denton community. An added benefit of the CAC is their service
in the review of recommendations of potential code amendments made by Clarion in their review
of the Denton Development Code. This committee could serve both functions as they are needed
in each instance.
Role of the Citizen Advisory Committee
The expressed role of the CAC will be to assume the following responsibilities:
•
Act in an advisory role to Council
•
Represent broad community interests
•
Model community consensus and encourage others to participate
•
Promote citizen ownership / ensure “buy-in”
•
Guide development of Vision Statement, Alternative Scenarios, and Strategic Directions
•
Champion the Comprehensive Plan
During the Denton Plan update process, there will be considerable input received from the public
which will be reviewed and synthesized into objective goals for City Council’s consideration.
The CAC will receive this input and offer their recommendations on which goals should move
forward and be included in the update to the Denton Plan.
Composition of the CAC
The committee should broadly represent the diverse constituencies within the community and
consist of a membership of between 20-30 members. It is recommended that the members of the
CAC be a resident, business, or land owner of the City of Denton or within the City’s
Extraterritorial Jurisdiction. Once formed, the CAC will be provided clearly defined
responsibilities and consent to a Chairperson and Vice Chairperson to make decisions and move
the process forward. The CAC will also be briefed on the Denton Plan, its importance, and how
it has and will continue to shape land-use decision making in the City. It is important that
members understand the “30,000-foot” perspective of the comprehensive plan.
The structure of the CAC would consist of up to seven (7) members from the existing
membership of any City Council appointed Board or Commission to utilize their knowledge and
experience, who would serve for the duration of the update process. The job description would
include attending 2-3 hour monthly or bi-monthly meetings, as well as reviewing extensive
technical reports and analyses prepared by the consultant team, and assisting as facilitators at
community forums and other outreach activities.
It is the experience of WRT, consistent with the comprehensive planning best practices
nationally, that the best way to ensure a successfully adopted and implemented comprehensive
plan is for citizens to take ownership of the plan and the planning process. This gives credibility
to the planning process and to the final plan document that it represents the best interests of all
citizens. This CAC will provide consensus-based direction at key decision points to ensure that
City Council remains current on the input being received, (adoption of a vision statement,
selection of a preferred growth scenario, and determination of action priorities) and staff will
present a quarterly update to City Council so the staff can change course as City Council may
direct.
Staff has prepared a draft membership of the CAC (Exhibit 1) based on community interest, the
use of existing Boards and Commissions and other entities germane to the Denton Plan update.
The composition of the CAC is diverse and is designed to represent the broad interest found in
the Denton community. Since the update to the Denton Plan was announced, there has been
considerable interest by the public, who are not currently engaged in any other civic activities, in
participating in this process. As such, there may be opportunities for these interested community
members to serve in some capacity in the update process.
EXHIBIT
1-City Advisory Committee Membership
Prepared by:
Brian Lockley
Interim Director Planning and Development
Submitted by:
John Cabrales
Assistant City Manager
City Advisory Committee
Members PerspectiveMembershipPotential Member
1.Existing Boards and Specific area of expertiseUp to 71.Airport Advisory Board
Commissions2.Community
Development Advisory
Committee
3.Denton Housing
Authority
4.Historic Landmark
Commission
5.Parks, Rec, and
Beautification Board
6.Planning and Zoning
Commission
7.Public Utility Board
2. Denton Plan (1999) Historic Knowledge 3 TBD
Members
3.DevelopmentDevelopment/Land Use 1TBD
Community
4. Chamber/Economic Economic Development 1 TBD
Development
Partnership
5.NeighborhoodNeighborhood Interests 4TBD
Associations*
6. Environmental Interests Environmental 2 TBD
Protection/Sustainability
7.Institutional Uses (DISD, Maintain existing programs 3DISD
UNT, TWU) and growthTWU
UNT
8. Denton County Transportation 1 TBD
Transportation Authority
9.Denton County County Government 1TBD
10. Lake Ray Roberts Land Use/Development 1 TBD
Planning Commission near Lake Ray Roberts
11.Sanger Local land use 1TBD
12. Krum Local land use 1 TBD
13.Large Landowner1TBD
14. Business Interests 1 TBD
(small)
15. Business Interest 1 TBD
(Large)
Total Members 23-29
*One member each from the four respective City Council Districts.
AGENDA INFORMATION SHEET
AGENDA DATE: September 18, 2012
DEPARTMENT: City Managers Office
CM/ ACM: George C. Campbell
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the creation of an ad-hoc
citizen advisory committee to advise Council and staff on the development of an ordinance
regulating smoking and the composition of such a citizen committee.
BACKGROUND
City Council received a report at the January 10, 2012 work session, regarding amendments to
the City of Denton smoking ordinance (86-069 as amended by ordinance 93-193). Council
directed staff to draft a resolution creating an ad-hoc citizen advisory committee that would
advise staff and Council regarding a comprehensive update to the current smoking ordinance,
with an objective of adopting amendments for implementation effective no later than January 1,
2013. Staff provided council with an Informal Staff Report on September 7, 2012, which
included a preliminary list of recommended committee members and background information on
the committee composition, similar to the information being provided herein.
Based on the January 10 discussion, staff recommends the following composition of a citizen
committee for council’s consideration:
Two (2) representatives of local restaurants;
And/or two (2) representatives of local stand-alone bars;
One (1) representative of the Denton Chamber of Commerce;
One (1) representative of the Denton Hispanic Chamber of Commerce;
One (1) local Medical Professional, defined as a current medical practitioner;
One (1) representative of the Denton County Health Department;
One (1) representative of Denton Regional Medical Center;
One (1) representative of Texas Health Resources Presbyterian;
Four (4) Denton citizens from the general public.
The resolution, attached as Exhibit 1, creating the ad-hoc citizen advisory committee will
become effective immediately upon approval of City Council. The special committee would be
dissolved following completion of the work as outlined in the resolution.
OPTIONS
1.Approve Resolution and appoint the members of the committee at the City Council
meeting on September 18.
2.Approve Resolution and appoint the members of the committee at the City Council
meeting on October 2.
3.Amend resolution for staff to bring back for approval and appointment of committee
members at the City Council meeting on October 2.
RECOMMENDATION
1.Staff recommends Option 1.
EXHIBITS
1.Draft Resolution creating an Ad-hoc Citizen Advisory Committee
2.Smoking Ordinance Ad-hoc Citizen Advisory Committee potential member list
3.Draft Schedule of Completion
4.City of Denton Ordinance 86-069, amended by Ordinance 93-193
Respectfully submitted:
______________________________
George C. Campbell
City Manager
Prepared by:
_______________________
Lindsey Baker
Assistant to the City Manager
Exhibit1
Exhibit4
Subpart A - CODE OF ORDINANCES
Chapter 14 - HEALTH AND HUMAN SERVICES
ARTICLE IV. - SMOKING
[35]
ARTICLE IV. - SMOKING
(35)
Cross reference
Fire prevention generally, Ch. 11; food establishments generally-26 et seq.
Sec. 14-86. - Definitions.
Sec. 14-87. - Smoking prohibited in certain public areas.
Sec. 14-88. - Written policy required.
Sec. 14-89. - Food establishments.
Sec. 14-90. - Penalties.
Sec. 14-86. - Definitions.
The following words, terms and phrases, when used in this articlascribed to
them in this section, except where the context clearly indicates
Administrative area means the area of an establishment not generally accessible to t
including but not limited to individual offices, stockrooms, employee lounges o
Director means the manager of the consumer health division of the city.
Food establishment means any operation defined as such in section 13-1 of this Code.
Hospital means any institution that provides medical, surgical and overnight fa
Public service area means any area, other than an administrative area, to which the
routinely has access for municipal services and which is designa public service area in a written
policy prepared in compliance with this article.
Retail establishment means any establishment which primarily sells goods to the gener
(Code 1966, § 13-50; Ord. No. 93-193, § I, 10-19-93; Ord. No. 97-114, § XI, 4-1-97)
Sec. 14-87. - Smoking prohibited in certain public areas.
(a) It is unlawful for any person to smoke or possess a burning toba
in any of the following indoor or enclosed areas:
(1) An elevator used by the public;
(2) A hospital or nursing home corridor providing direct access to p
(3) Any conference room, meeting room or public service area of any
managed by the city, but this does not include the Civic Center,
Center for Performing Arts;
(4) Any retail establishment serving the general public, including but not limited to any
Denton, Texas, Code of Ordinances
Page 1 of 4
Subpart A - CODE OF ORDINANCES
Chapter 14 - HEALTH AND HUMAN SERVICES
ARTICLE IV. - SMOKING
department store, grocery store or drugstore; or
(5) An area marked with a no smoking sign in accordance with subsect
the owner or person in control of a hospital, nursing home or retail establishment serving the
general public; or
(6) Any facility of a public primary or secondary school or an enclo
library or museum.
(b) The owner or person in control of an establishment in which smok subsection
(a) of this section shall post a conspicuous sign at the main en
or person in control of an establishment in which smoking is pro
conspicuous sign at the entrance to the area. The sign shall contain the words "No Smoking, City of
Denton Ordinance," the universal symbol for no smoking or other
smoking.
(c) Every hospital shall:
(1) Allow all patients, prior to elective admission, to choose to be in a no smoking patient room;
and
(2) Require that employees or visitors obtain express approval from
prior to smoking.
(d) The owner or person in control of an establishment or area descrr
(a)(6) of this section may designate an area, including but not
waiting room, as a smoking area; provided, that the designated s
(1) The entire establishment;
(2) Cashier areas or over-the-counter sales areas; or
(3) The viewing area of any theater or movie house.
(e) It is a defense to prosecution under this section if the person
(1) A designated smoking area of a facility or establishment describbsections (a)(4) or
(a)(6) of this section which is posted as a smoking area with ap
(2) An administrative area or office of an establishment described i
this section;
(3) A retail establishment serving the general public with less than five hundred (500) square feet
of a public showroom or service space or having only one (1) emp
a designated nonsmoking area in accordance with subsection (a)(5
(4) A retail establishment which is primarily engaged in the sale of tobacco,
smoking implements.
(f)The owner or person in control of an establishment exempted from
by subsection (e) of this section who chooses not to designate any such areas shall post a conspicuous
sign near the main entrance to the establishment with the words
Denton, Texas, Code of Ordinances
Page 2 of 4
Subpart A - CODE OF ORDINANCES
Chapter 14 - HEALTH AND HUMAN SERVICES
ARTICLE IV. - SMOKING
"Nonsmoking Areas Not Available" or similar language to indicate
provided.
(Code 1966, § 13-51; Ord. No. 93-193, §§ II, III, 10-19-93)
Sec. 14-88. - Written policy required.
The owner or person in control of any facility or area designate
14-87(a)(3) of this article shall:
(1) Have and implement a written policy on smoking which conforms to
(2) Make the policy available for inspection by the director.
(Code 1966, § 13-52; Ord. No. 93-193, § IV, 10-19-93)
Sec. 14-89. - Food establishments.
(a) A food establishment which has indoor or enclosed dining areas shall provide separate indoor or
enclosed dining areas for smoking and nonsmoking patrons.
(b) A nonsmoking area shall:
(1) Be separated, where feasible, from smoking areas by a minimum of
contiguous floor space;
(2) Be ventilated, where feasible, and situated so that air from the smoking area is n
or across the nonsmoking area;
(3) Be clearly designated by appropriate signs visible to patrons wi
that the area is designated nonsmoking; and
(4) Have ash trays or other suitable containers for extinguishing sm
perimeter of the nonsmoking area.
(c) Each food establishment which has a dining area shall:
(1) Have and implement a written policy on smoking which conforms toarticle;
(2) Make the policy available for inspection by the director; and
(3) Have signs at the establishment's entrance indicating that nonsm
(d) Nondining areas of any food establishment affected by this sectins have general
access, including but not limited to food order areas, food serv
shall be designated as nonsmoking areas.
(e) It is a defense to prosecution under this section that the food
(1)An establishment which has indoor seating arrangements for less
(2) An establishment in which more than seventy (70) percent of its
the sale of alcoholic beverages; or
Denton, Texas, Code of Ordinances
Page 3 of 4
Subpart A - CODE OF ORDINANCES
Chapter 14 - HEALTH AND HUMAN SERVICES
ARTICLE IV. - SMOKING
(3) A physically separated bar area of a food establishment otherwise regulated.
(f) The owner or person in control of an establishment exempted from
by subsection (e) of this section who chooses not to designate a
sign near the main entrance to the establishment with the words "Smoking P
"Nonsmoking Areas Not Available" or similar language to indicate
provided.
(g) It shall be unlawful for any person to smoke or possess a burning tobacco, weed or other plant
product in an area of a food establishment designated as nonsmok
(Code 1966, §§ 13-53, 13-54)
Sec. 14-90. - Penalties.
It shall be unlawful for any person to violate any provision of this article, and upon
person shall be punished as provided in section 1-12 of this Code.
(Code 1966, § 13-55)
(35)
State Law reference
Smoking in certain public places, V.T.C.A., Penal Code § 48.01. (Back)
Denton, Texas, Code of Ordinances
Page 4 of 4
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
________________________________________________________________________
SUBJECT:
Receive a report, hold a discussion, and give staff direction regarding the CHP-Economic
Development District business development plan.
BACKGROUND:
The Public Utilities Board has received numerous briefings from Staff regarding the benefits and
opportunities of a proposed combined heat and power (CHP) facility and a proposed natural gas
pipeline to be located within Denton’s CHP-Economic Development District (CHP-EDD).
During these briefings, DME has systematically identified the challenges and triumphs of these
projects. To link these projects together and promote economic growth, a business development
plan has been developed to identify potential industries and specific companies that will be
targeted for locating to Denton.
OPTIONS:
1. Direct staff to proceed with the implementation of Staff recommendations presented in the
presentation; or
2. Direct Staff with alternative direction
RECOMMENDATION:
Allow staff to proceed with the proposed recommendations and activities for CHP-EDD business
development.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
September 10, 2012 - The Public Utilities Board
FISCAL INFORMATION:
It is anticipated that the above activities can be accomplished within the existing DME budget.
EXHIBITS:
1. Power Point Presentation to be provided during the Council meeting.
Prepared by: Respectfully submitted,
Michael S. Grim Phil Williams
Executive Manager – Power, Regulatory & General Manager
Legislative Affairs Denton Municipal Electric
Denton Municipal Electric
1
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Denton Municipal Electric (DME)
ACM:
Howard Martin, 349-8232
________________________________________________________________________
SUBJECT:
Receive a report, hold a discussion, and give staff direction regarding DME entering into a
License Agreement with ECOtality, Inc., for the construction and placement of Electric Vehicle
Charging Stations (EV) as part of the Department of Energy’s (DOE) “The EV Project”
(Project).
BACKGROUND:
DME is proposing to install up to 10 Level 2 EV, which can fully charge an electric vehicle in
about three hours, at public facilities in Denton. If approved, DME plans to collaborate with the
Environmental Services and Sustainability Department to utilize the existing internal
sustainability committee, previously assembled to create the City of Denton Sustainability Plan,
to identify the appropriate City facilities to locate the EV. The anticipated total cost to DME is
estimated less than $30,000 depending upon any additional utility or site work that must be
performed for installation. Other municipalities that have already deployed EV through the
Project include Garland, Cedar Hill, Fairview, and Houston. Other entities in Denton that have
either installed or will be installing EV through the Project include Cupboard Natural Foods,
University of North Texas, and the Hickory Creek Plaza.
RECOMMENDATION:
Staff recommends that the City Council should approve this license agreement and move
forward with site selection for the EV.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
A briefing was previously provided to the PUB on August 27, 2012. The PUB suggested that
DME move forward with the Project to the City Council for a final determination.
FISCAL INFORMATION:
Funds for the deployment of the Project in Denton will come from the existing monies from the
DME budget.
EXHIBITS:
1. Electric Vehicle License Agreement
2. A Power Point Presentation will be provided during the City Council meeting
1
Respectfully submitted,
Phil Williams
General Manager
Denton Municipal Electric
Prepared by:
Lisa A. Lemons
Key Accounts, Energy Efficiency,
& Sustainability Manager
Denton Municipal Electric
2
THE EV PROJECT
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (this “Agreement”) is made effective as of August ______, 2012, between City of
Denton, a Texas municipal corporation (the “Licensor”), and Electric Transportation Engineering Corporation, dba
ECOtality North America, an Arizona corporation, and its successors and assigns (“Licensee”) (collectively the “Parties”).
RECITALS:
A.The Licensor is the fee owner of certain real properties more particularly described on the attached Exhibit
A (collectively “Licensor’s Properties”), specific portions of which will be licensed to Licensee pursuant
to this Agreement which licensed portions are described and depicted on the attached Exhibit B
(collectively the “Licensed Premises”).
B.Licensee is the owner of the Electric Vehicle Supply Equipment and Software (collectively the “EVSE”).
C.The United States Department of Energy (“DOE”) has provided funding through the American Recovery
and Reinvestment Act (“ARRA”) to accelerate the development and production of electric vehicles
(“EVs”) in order to reduce petroleum consumption in the United States.
D.The use and expansion of the EV market will require access to sufficient publicly available EVSE stations
that will provide for convenient re-charging of EVs in locations remote from the drivers’ homes.
E.To encourage the development and use of EVs, the DOE is supporting the development of a large publicly
available EV charging infrastructure in several cities in the United States, through a program known as the
“EV Project”, which will provide EVSE units at publicly available locations in the United States.
F.Pursuant to the EV Project, Licensee has received a grant from DOE (the “DOE Grant”) to install EVSEs
and to collect data relating to public use of the EVSEs. The data collected from publicly available EVSE
and EV Project participants will be analyzed to determine vehicle use and charging patterns in a variety of
topographies and climate conditions, evaluate the effectiveness of the charge infrastructure deployed under
the EV Project, and to support the future deployment of EV infrastructure in other regions.
G.Licensor has a long-standing commitment to resource conservation and been an active participant in the
deployment of renewable energy, energy conservation, energy efficiency, and environmental preservation
and is committed to protecting the environment and providing a sustainable future for its residents.
H.Licensor is interested in the outcome of the studies and other efforts being undertaken by Licensee as part
of the DOE Grant, including the extent to which EVSEs on the Licensed Premises would affect energy use
by Licensor and the use of EVs by members of the public.
I.Licensee desires to obtain from Licensor certain rights over, under, and across Licensor’s Property for the
purpose of installing, maintaining, operating, and removing the EVSE to facilitate Licensee’s
implementation of the DOE Grant.
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
1.The License. Licensor hereby grants to Licensee a revocable license to use and occupy the Licensed
Premises (the “License”), on the terms and conditions stated in this Agreement, to install, maintain, and
operate the EVSE for the purpose of implementing the DOE Grant.
1.1.Limited, Nonexclusive Rights. This License is a revocable, nonexclusive, and non-possessory
authorization for Licensee to enter upon and use the Licensed Premises solely for the purposes
described in § 1.3 on the terms and conditions stated herein. Licensee may not use the Licensed
Premises for any other purpose or in any other manner without Licensor’s prior written consent.
This License in no way restricts Licensor’s use or conveyance of the Licensed Premises, any
interest therein, or any improvements thereon, or Licensor’s use of the Licensed Premises in any
manner consistent with the License. This License is not intended to create or convey to Licensee
an interest in real property, and may not be recorded without Licensor’s prior written permission.
1.2.Rights of Others. Nothing in this License may be construed as Licensor’s representation,
warranty, approval, liability, or consent regarding rights in the Licensed Premises held by other
parties, and Licensee is responsible for ascertaining the rights of all third parties in the Licensed
Premises and obtaining their consent to the activities described in this License as necessary or
appropriate. Licensee agrees to obtain, at its sole expense, such other licenses, permits,
consents, and agreements as may be required to address the rights of others by other appropriate
agreements, easements, privileges, or other rights, whether recorded or unrecorded, and shall
make its own arrangements with holders of such prior rights.
1.3.Scope of License; Permitted Uses. During the term of this Agreement, Licensee shall have
reasonable access to the Licensed Premises for the limited purpose of installing, maintaining,
using, operating, repairing, and removing the EVSE. Licensee may not use the EVSE located on
the Licensed Premises for any purpose other than to provide for EV charging and to collect data
relating to the use of the EVSE.
1.4.Condition of Premises. Licensee agrees to accept the Licensed Premises “As Is” without
warranty of any kind, express, or implied. Licensee acknowledges that Licensor is not obligated
to construct or install any improvements or facilities of any kind on the Licensed Premises.
Licensee must use commercially reasonable efforts to maintain the Licensed Premises and any
EVSE installed on the Licensed Premises in a condition satisfactory to the Licensor including
the removal from the EVSE and from any areas within a 12-foot radius of the EVSE that pose
unsightly, dangerous, or offensive conditions or that cause or permit any generation of hazardous
waste. During the term of this Agreement, Licensor will cooperate with Licensee to implement
appropriate, mutually agreed upon procedures to assure that the Licensed Premises are
maintained in a condition that is satisfactory to both Licensor and Licensee.
1.5.Condition of Licensee’s EVSE. During the term of this Agreement, Licensee must maintain the
EVSE in a reasonable, safe, and operable condition at all times when the EVSE is installed on
Licensor’s Property. Licensor will have no right or responsibility to repair, maintain, or operate
the EVSE. Licensor will cooperate with Licensee to implement appropriate, mutually agreed
upon measures so that Licensee can ensure that the EVSE is maintained in operable condition
and that if the EVSE is damaged or becomes inoperable, that Licensee is promptly notified.
Licensee will repair or replace, at Licensee’s option and at Licensee’s sole expense, the EVSE or
parts or components thereof as Licensee deems necessary and appropriate. Licensee will not be
responsible for the condition of the EVSE after the expiration or termination of this Agreement.
1.6.Environmental Hazards. Licensee agrees not to use or store, or permit to be used stored, on the
Licensed Premises, gasoline or petroleum products, hazardous or toxic substances or
inflammable materials, herbicides, pesticides, fungicides, algaecides. Licensee may not engage
, treatment, discharge, disposal, or release
in the production, location, transportation, storage
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
upon or under the Licensed Premises of any substance regulated under any local, state, or federal
environmental protection law or regulation.
1.7.Waste, Nuisance. Licensee shall not commit or suffer to be committed any waste or impairment
of the Licensed Premises and covenants that it shall not do, nor permit to be done, on or about
the Licensor’s Properties any acts which may be a nuisance.
1.8.Compliance with Laws. In the exercise of any privilege granted by this License, Licensee must
comply with all applicable State, municipal and local laws, and the rules, orders, regulations, and
other legal requirements, including laws and regulations relating to occupational safety and
health and environmental protection, and all orders, writs, judgments, injunctions, decrees, or
awards of any court or governmental authority with jurisdiction over Licensee or the Licensed
Premises. Licensee must obtain promptly and maintain in effect throughout the term of the
License all licenses, permits, authorizations, registrations, rights, and franchises necessary to
conduct the actions required or permitted by the License. Furthermore, Licensee will not
encourage or permit any use in or upon the Licensed Premises, or any part thereof, in violation
of any applicable laws, statutes, rules, or regulations of any federal, state, or local authority.
1.9.Compliance with Licensor Requirements. Any use made of the Licensed Premises pursuant to
this License, and any construction, maintenance, repair, or other work performed thereon by the
Licensee, including the installation and removal of any article or thing, shall be accomplished in
a manner that is safe and satisfactory to the Licensor.
1.10.Structures. Licensee may not place or construct upon, over or under the Licensed Premises any
installation or structure of any kind or character, except such as are specifically authorized
herein or in writing signed by Licensor.
1.11.Alterations;Damage; Restoration. No alterations may be made by Licensee to the Licensed
Premises without first obtaining the prior written consent of Licensor and, if applicable, any
other person or entity having an interest in or right to use or occupy the Licensed Premises.
Licensee will bear the costs and expenses, up to a maximum of $2,250 per pedestal EVSE or
$1,500 per wall mount EVSE, associated with performing any such alterations, including,
without limitation, costs of construction and any increased operating costs resulting from such
alterations. Except as may be otherwise provided in this Agreement, Licensee may not alter,
destroy, displace, or damage any of Licensed Premises or any neighboring property in the
exercise of the privileges granted by this Agreement without the prior written consent of
Licensor and any other affected landowner, and the express agreement of Licensee promptly to
replace, return, repair and restore any such property to a condition satisfactory to Licensor and
any other affected landowner upon demand, and at Licensee’s sole cost and expense.
1.12.Operation and use of EVSE. Licensee must confine activities on the Licensed Premises strictly
to those necessary for the enjoyment of the privilege hereby licensed, and must refrain from
marring or impairing the appearance of the Licensed Premises, obstructing access thereto,
interfering with the transaction of Licensor’s business and the convenience of the public, or
jeopardizing the safety of persons or property, or causing justifiable public criticism.
1.13.Equipment/AccessRevenue. Licensor acknowledges that Licensee is providing the initial EVSE
to the site as part of a no-cost pilot program and Licensee ultimately intends to collect revenues
from the EVSE.
1.14.Expense. Except as provided in § 1.11, any cost, expense, or liability connected with or in any
manner incident to the granting, exercise, enjoyment, or relinquishment of this License will be
assumed and paid or discharged by the Licensee. Such costs shall include, but shall not be
limited to, costs to install or remove the EVSE, costs to install electricity or other power supplies
to serve and operate the EVSE, and costs to keep the EVSE free of graffiti and debris and
maintain the EVSE in good working order.
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
1.15.Assignment. Licensee may not assign this License nor sub-license all or any portion of the
Licensee’s right to use and occupy the Licensed Premises, and any purported assignment or sub-
license by Licensee is void. This License does not confer on or convey to Licensee any
possessory interest in the Licensed Premises, any right to exclusive possession or occupancy of
the Licensed Premises, or any right of quiet enjoyment. The privileges granted to Licensee by
this Agreement are personal to Licensee and may not be assigned or transferred to any other
person, firm, corporation, or other entity without the prior, express, and written consent of
Licensor.
1.16.Responsibility for Others. Licensee will be responsible and shall indemnify the City of Denton
and DME for the conduct and discipline of its employees, contractors, subcontractors, invitees,
licensees, and other persons entering upon or using the Licensed Premises pursuant to this
Agreement.
1.17.Subordination. This Agreement and the License granted herein is subject and subordinate to the
terms of all ground leases, superior leases, mortgages, deeds of trust, other security instruments,
and any other prior rights and matters of record now or hereafter affecting Licensor's interest in
Licensed Premises.
2.Term of License. The License and rights granted by this Agreement will become effective as of August
30, 2012 (the “Commencement Date”) and unless otherwise agreed in a writing signed by both Parties will
automatically expire and terminate on December 31, 2013 (“Expiration Date”).
3.Consideration for License. As consideration for the License and the use of electricity used for the
charging of EVs using EVSEs located on the Licensed Premises, Licensee agrees to pay the sum of $1.00
upon execution of this Agreement. In addition, Licensee will provide Licensor reports and other
information relating to the License and the use of the EVSEs, including data collected from or relating to
the use of EVSE’s on the Licensed Premises, provided, however, that Licensee will not be required to and
will not provide to Licensor any information that is proprietary or confidential.
4.Surrender;Removal of the EVSE. On the expiration or any earlier termination of this Agreement,
Licensee shall vacate the Licensed Premises and surrender possession of the Licensed Properties to
Licensor.
4.1 Licensor’s Option to Retain the EVSE upon Expiration of the Term. Upon the expiration of the
Term, Licensor, in its sole and absolute discretion, may elect to retain the EVSE. Licensor shall
notify Licensee in writing delivered to Licensee not less than thirty (30) days prior to the
expiration of this Agreement, whether Licensor desires to retain the EVSE on some or all of the
Licensed Premises. If Licensor fails to deliver such written notice within such thirty (30) day
period, Licensor will be deemed to have not elected to retain the EVSE at the Licensed Premises.
If Licensor elects to retain the EVSE installed at some or all of the Licensed Premises, Licensor
shall become entitled to acquire from Licensee all rights, title, and interest in and to such EVSE
at no additional cost, and Licensee agrees to execute and deliver to Licensor such documents as
Licensor may reasonably request to evidence the transfer of title.
4.2. Removal of the EVSE by Licensee upon Expiration of the Term. If Licensor elects not to retain
the EVSE at the Properties, Licensee shall remove (at Licensee’s sole cost and expense) any or
all of the EVSE, and must restore the Licensed Premises to a safe and reasonable condition, as
more specifically described in § 4.4 hereof. Should the Licensor elect to continue Ecotality’s
Blink Network and EVSE support, following the Term or earlier termination thereof, such
additional services shall be subject to a new written agreement to be entered into between the
Parties.
4.3. Removal of the EVSE by Licensor. If Licensor timely notifies Licensee of Licensor’s election to
have Licensee remove the EVSE from the Licensed Premises, Licensee will promptly remove
the EVSE and restore the condition of Licensed Premises as provided in § 4.4.
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
4.4. Restoration. Upon expiration or termination of the License and removal of the EVSE Licensee
will, at Licensee’s sole expense and to Licensor’s satisfaction, restore the affected portions of the
Licensed Premises (surface and subsurface) to a safe condition, with the electricity to the
Charger installation locations capped, the breakers turned off, and the Charger anchor/mounting
bolts cut flush/removed.
5.Termination.
5.1.Without Cause. This Agreement may be terminated by Licensee in writing to the Licensor,
without cause, at any time and for any reason, including the termination of the EV Project or a
reduction in EV Project funding, whereupon the Parties shall be fully released from their
respective duties, rights, obligations and liabilities under this Agreement except as provided
below.Upon such termination of this Agreement without cause, as its sole and exclusive
remedy, Licensee shall remove (at its sole cost and expense) any or all of the EVSE installed at
the Location and terminate services to Licensor. In the event that Licensee does not remove the
EVSE within thirty (30) days following such termination, the EVSE shall be deemed abandoned
by Licensee and Licensor shall possess all rights, title, and interest in and to the same.
5.2.With Cause. This Agreement may be terminated in writing by either party for cause if either
party violates any term of this Agreement and fails to cure the same within thirty (30) days of
receiving written notice of such default. Upon such termination of this Agreement for cause, as
its sole and exclusive remedy, Licensee shall disable or remove (at its sole cost and expense) any
or all of the EVSE installed at the Location and terminate services to Licensor. In the event that
Licensee does not elect to remove the EVSE within thirty (30) days following such termination,
the EVSE shall be deemed abandoned by Licensee and Licensor shall possess all rights, title and
interest in and to the same.
6.Use of the EVSE by Licensor.
6.1.Software License. During the term of this Agreement, Licensee grants to the Licensor a non-
exclusive and non-transferable license to use Licensee’s software in the form in which it is
embedded in the EVSE on the delivery date for use in conjunction with other parts of the EVSE
on the condition that the EVSE shall be used for its intended purpose only. Nothing contained in
this Section shall be construed as an assignment or transfer of any copyright, design right or
other intellectual property rights in such software, all of which rights are owned by the Licensee.
6.2.Limitation of Licensee’s Liability. Licensee represents that the products provided by Licensee
will be free from infringement or violation of any rights including intellectual property rights of
third parties.
6.3.Licensee agrees that it shall indemnify and hold Licensor harmless from any loss or liability that
may arise from any litigation relating to infringement, pertaining to the property being furnished
by Licensee to Licensor that is the subject of this Agreement.
7.Indemnification. Licensee shall indemnify, defend, save and hold harmless the Licensor and its officers,
officials, agents, and employees from and against any and all claims, actions, liabilities, damages, losses,
or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and
litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by
the negligent or willful acts or omissions of Licensee or any of its owners, officers, directors, agents,
employees or contractors, arising out of or related to Licensee’s occupancy and use of the Licensed
Premises. It is the specific intention of the Parties that the Licensor shall, in all instances, except for
Claims arising solely from the negligent or willful acts or omissions of the Licensor, be indemnified by
Licensee from and against any and all claims. It is agreed that Licensee will be responsible for primary
loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration
for the use and occupancy of the Licensed Premises, the Licensee agrees to waive all rights of subrogation
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
against the Licensor, its officers, officials, agents, and employees for losses arising from the use,
occupancy, or condition of the Licensed Premises.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY CLAIMS FOR DAMAGES
BY EITHER PARTY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL
BE LIMITED TO ACTUAL RECOVERIES UNDER SUCH PARTY’S INSURANCE POLICIES.
8.InsuranceRequirements. Licensee shall procure and maintain for the duration of the License, insurance
against claims for injury to persons or damage to property that may arise from or in connection with the
License. The insurance requirements herein are minimum requirements for the License and in no way
limit, the indemnity covenants contained in this Agreement. Licensee in no way warrants that the
minimum limits contained herein are sufficient to protect the Licensor from liabilities that might arise out
of the License. Licensor is free to purchase such additional insurance as Licensee determines necessary.
8.1.Minimum Scope and Limits of Insurance: Licensee shall provide coverage with limits of
liability not less than those stated below. An excess liability policy or umbrella liability policy
may be used to meet the minimum liability requirements provided the coverage is written on a
“following form” basis.
1.Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, and broad form contractual liability
coverage
General Aggregate $2,000,000
Products – Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,00
Fire Damage (Damage to Rented Premises) $100,000
The policy shall be endorsed to include the following additional insured language: "The
Licensor shall be named as an additional insured with respect to liability arising out of the use
and/or occupancy of the property subject to this License".
8.1.2. Additional Insurance Requirements. The policies shall include, or be endorsed to
include, the following provisions:
a.On insurance policies where the Licensor is named as an additional insured, the
Licensor shall be an additional insured to the full limits of liability purchased by
the Licensee even if those limits of liability are in excess of those required by this
Agreement.
b.The Licensee's insurance coverage shall be primary insurance and non-contributory
with respect to all other available sources.
8.1.3. Notice of Cancellation. For each insurance policy required by the insurance provisions
of this Agreement, the Licensee must provide to the Licensor, within two (2) business
days of receipt, a notice if a policy is suspended, voided, or cancelled for any reason.
8.1.4. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or
authorized to do business in the state and with an “A.M. Best” rating of not less than
A+ VI. The Licensor in no way warrants that the above-required minimum insurer
rating is sufficient to protect the Licensee from potential insurer insolvency.
8.1.5 Verification of Coverage. Licensee shall furnish the Licensor with certificates of
insurance (ACORD form or equivalent approved by the Licensor) as required by this
Agreement. The certificates for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf.
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
All certificates and any required endorsements are to be received and approved by the
Licensor before the License commences. Each insurance policy required by this Lease
must be in effect at or prior to commencement of this License and remain in effect for
the duration of the License. Failure to maintain the insurance policies as required by
this License or to provide evidence of renewal is a material breach of contract.
9.Notices. All notices or other communications required or permitted to be provided pursuant to this License
must be in writing and may be hand delivered, sent by United States Mail, postage prepaid, delivered by a
nationally recognized courier service, or via e-mail with return receipt requested. Any notice will be
deemed to have been given when delivered if hand delivered, when received if sent by courier, seventy-
two (72) hours following deposit in the United States Mail, or via e-mail. Notices shall be addressed as
follows:
To Licensee:
Company:
City of Denton
Attn:
George C. Campbell
Title:
City Manager
Address:
215 E. McKinney
City, State, Zip:
Denton, TX 76201
Fax Number:
(940) 349-8596
To Licensor:
Electric Transportation Engineering
Corporation dba ECOtality North America
Attn: Legal Department
nd
Address 430 S. 2 Avenue
City, State, Zip: Phoenix, AZ 85003-2418
Fax Number: 602-443-9007
10.Interpretation. The headings contained in this Agreement are for reference purposes only and shall not
affect in any way the meaning or interpretation of this Agreement. When a reference is made in this
Agreement to a Section, such reference shall be to a Section of this Agreement unless otherwise indicated.
11.Entire Agreement. This Agreement and the exhibits and schedules referenced or attached hereto constitute
the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all
prior agreements, understandings and negotiations, both written and oral, between the Parties with respect
to the subject matter hereof. This Agreement is not intended to confer upon any Person other than the
Parties hereto any rights or remedies hereunder.
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
Severability. If any terms or other provision of this Agreement or the schedules or exhibits hereto shall be
determined by a court, administrative agency or arbitrator to be invalid, illegal, or unenforceable, such
invalidity or unenforceability shall not render the entire Agreement invalid. Rather, this Agreement shall
be construed as if not containing the particular invalid, illegal, or unenforceable provision, and all other
provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or
legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to
either Party. Upon such determination that any term or other provision is invalid, illegal or unenforceable,
the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the
Parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby
are fulfilled to the fullest extent permitted under applicable law.
12.Information. Subject to applicable law and privileges, each Party hereto covenants with and agrees to
provide to the other Party all information regarding itself and transactions under this Agreement that the
other Party reasonably believes is required to comply with all applicable federal, state, county and local
laws, ordinances, regulations and codes.
13.Further Agreements. The Parties shall execute or cause their applicable affiliates to execute such
additional agreements between the Parties and/or their respective affiliates as may be reasonably necessary
to effectuate the intent of this Agreement.
14.Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and
their respective legal representatives and successors, and nothing in this Agreement, express or implied, is
intended to confer upon any other Person any rights or remedies of any nature whatsoever under or by
reason of this Agreement. This Agreement may be amended at any time by mutual consent of Licensor
and Licensee, evidenced by an instrument in writing signed on behalf of each of the Parties.
15.Amendment and Modification. This Agreement may be amended, modified, or supplemented only by a
written agreement signed by all of the Parties hereto.
16.Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of either Party
hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or
acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or
partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights
and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies
otherwise available.
17.Authority. Each of the Parties represent to the other Party that (a) it has the corporate or other requisite
power and authority to execute, deliver and perform this Agreement, (b) the execution, delivery and
performance of this Agreement by it have been duly authorized by all necessary corporate or other actions,
(c) it has duly and validly executed and delivered this Agreement and (d) this Agreement is its legal, valid
and binding obligation, enforceable against it in accordance with its terms, subject to applicable
bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights
generally and general equity principles.
18.Third Party Beneficiaries. None of the provisions of this Agreement shall be for the benefit of or
enforceable by any third party, including any creditor of any Person. No such third party shall obtain any
right under any provision of this Agreement or shall by reasons of any such provision make any claim in
respect of any liability (or otherwise) against either Party hereto. Notwithstanding the foregoing, it is
understood that the Licensee's rights hereunder shall inure to the benefit of Licensee's affiliates and their
officers, directors and employees.
19.Default; Remedies. The actual or prospective failure of either party to satisfy any material obligation
under this Agreement, and the breach of any material representation or warranty stated in this agreement,
will be an event of default. If a party’s default continues without cure for thirty (30) days after delivery of
a written notice of default in the manner provided in Section 9, the other party will be entitled to terminate
this Agreement for cause, and to all other remedies available at law or in equity, including damages and
specific performance. The rights and remedies set forth in this agreement are not intended to be
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
exhaustive and the exercise by either party of any right or remedy does not preclude the exercise of any
other rights or remedies that may now or subsequently exist in law or equity or by statute or otherwise.
Failure or delay by the Licensor to exercise any right, power, or privilege will not be deemed a waiver
thereof.
20.Attorney’s Fees. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in
connection with any controversy arising out of this Agreement or to interpret or enforce any rights under
this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses
incurred.
21.Confidentiality and Data Security. Personal identifying information, financial account information, or
restricted Licensor information, whether electronic format or hard copy, must be secured and protected at
all times to avoid unauthorized access. At a minimum, Licensee must encrypt and/or password-protect
electronic files. This includes data saved to laptop computers, computerized devices, or removable storage
devices.
When personal identifying information, financial account information, or restricted Licensor information,
regardless of its format, is no longer necessary, the information must be redacted or destroyed through
appropriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed.
In the event that data collected or obtained by the Licensee in connection with this Agreement is believed
to have been compromised, Licensee shall notify the Licensor immediately. Licensee agrees to reimburse
the Licensor for any costs incurred by the Licensor to investigate potential breaches of this data and, where
applicable, the cost of notifying individuals who may be impacted by the breach.
Licensee agrees that the requirements of this Section shall be incorporated into all
subcontractor/subconsultant agreements entered into by the Licensee. It is further agreed that a violation
of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A
violation of this Section may result in immediate termination of this Agreement without notice.
The obligations of Licensee under this Section shall survive the termination of this Agreement.
22.Data Collection for DOE Grant Purposes. During the Term of this Agreement, Licensor will allow
Licensee reasonable access to the EVSE, the Licensed Premises, and existing sources of electrical energy
as reasonably necessary to enable Licensee to collect and transmit data regarding public use of the EVSE
as may be required by the DOE Grant, except in the event of a power outage.
23.Miscellaneous. Time is of the essence with respect to the performance of every provision of this
Agreement in which time of performance is a factor. Except as expressly provided herein to the contrary,
when a Party is required to do something by this Agreement, it shall do so at its sole cost and expense
without right of reimbursement from the other Party. Whenever one Party's consent or approval is
required to be given as a condition to the other Party's right to take any action pursuant to this Agreement,
unless another standard is expressly set forth, such consent or approval shall not be unreasonably withheld,
conditioned, or delayed.
24.Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed
an original and all of which, when taken together, shall constitute one and the same agreement.
25.Governing Law. This Agreement was executed in the State of Texas and must in all respects be governed
by, interpreted, construed, and shall be exclusively enforced in accordance with the laws of the State of
Texas.
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
IN AGREEMENT, each of the Parties hereto has caused this Agreement to be duly executed as of the day and year first set
forth above.
LICENSOR: LICENSEE:
City of Denton, Texas, a municipal corporationElectric Transport
dba ECOtality North America
By: By:
Name: George Campbell Name: Dave Aasheim
Title: City Manager Title: Area Manager- Texas
Date: Date:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: __________________________________
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
EXHIBIT A: Description of Licensors Properties
NOTE: This Exhibit A may be amended from time to time to add or
Location No.
Property Address Assessors Parcel No.
New Denton Animal Shelter Construction Begins in September 2012
North Branch Library 3020 N. Locust Street
South Branch Library 3228 Teasley Lane
Emily Fowler Library 502 Oakland Street
DME Complex 1659 Spencer Road
Civic Center 321 East McKinney Street
Wiggly Field Dog Park 1760 East Ryan Road
North Lakes Park 2001 West Windsor Drive
DCTA Medpark Station 3220 Medpark Drive
South Lakes Park 556 Hobson Lane
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
EXHIBIT B: Description and/or Depiction of Licensed Premises
Location No. 1
[Insert metes and bounds or other narrative description, size, etc.]
See diagram attached as Exhibit B-1
Location No. 2
[Insert metes and bounds or other narrative description, size, etc.]
See diagram attached as Exhibit B-1
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
EXHIBIT C: Description of the EVSE and Software to be Installed
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Denton Municipal Electric
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or
his designee to execute a Contract of Sale (herein so called) as attached hereto and made a part
hereof as Exhibit “A”, by and between G. Brad Grant, Becky J. Grant and Charles A. Grant, Jr.
(collectively, The “Owner”), and the City of Denton (the “City”), regarding the sale by Owner
and purchase by the City of fee simple to a called 26.464 acre tract of land situated in the M.E.P.
& P.R.R. Company Survey, Abstract Number 927, City of Denton, Denton County, Texas, as
more particularly described in the Contract of Sale, located generally on the southwest corner of
north Loop 288 and Audra Lane, for the public use of expanding and improving the City’s
electric transmission and distribution system, for the purchase price of Two Million Dollars and
00
no cents ($2,000,000.), and certain costs, as prescribed in the contract of sale; authorizing the
expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-
Build and Sub Stations) The Public Utility Board recommends approval (5-0).
BACKGROUND
In accord with the current 69kV Transmission Line re-build and Sub Stations Projects, staff is
undertaking the identification of the additional land rights necessary to accommodate the
construction and operation of the proposed electric system improvements.
In respect to the tracts owned by G. Brad Grant, Becky J. Grant, and Charles A. Grant, Jr., the
project requires the acquisition of the land necessary to accommodate the installation of the
proposed electric distribution facilities, electric transmission facilities, the proposed Crossroads
Substation electric infrastructure, and to provide a future linkage of the Audra Lane realignment
to State Highway Loop 288.
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)
July 23, 2012 – Public Utility Board executive session.
August 7, 2012 – City Council executive session.
September 10, 2012 – The Public Utility Board recommended approval (5-0).
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General
Obligation Bonds which will be paid by Transmission Revenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase
00
offer price of $2,000,000. plus closing costs as prescribed in the Contract are to be funded
through these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Ordinance
2. Location Map
3. PUB Minutes
Respectfully submitted,
Phil Williams,
General Manager
Electric Administration
Prepared by,
Pamela England,
Real Estate Specialist
EXHIBIT 1
EXHIBIT2
LOCATION MAP
Denton Municipal Electric
Proposed Acquisition
P25 Brad Grant - 13.23 Acres
AUDRA
Denton Municipal Electric
Proposed Acquisition
P24 Brad Grant - 13.23 Acres
LEGEND
SITE
PARCELS
TM LINE
TM LINE
EASEMENT
Denton Municipal Electric Proposed Acquisition
Brad Grant - P24, P25 26.46 Acres
300150300600FEET
0
EXHIBIT3
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3September 10, 2012
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7Monday, September 10, 2012 at 9:03 a.m. in the Service Center Training Room, City of Denton
8Service Center, 901-A Texas Street, Denton, Texas.
9
10Present:Chairman Dick Smith, Vice Chair Billy Cheek, Randy Robinson, Phil
11Gallivan and Leonard Herring
12
13Absent – Excused: Barbara Russell
14
15Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, City Manager
16
OPEN MEETING
17:
18
CONSENT AGENDA:
19
20
211)Consider a recommendation of an approval of an ordinance of the City of Denton, Texas
22authorizing the City Manager or his designee to execute a Contract of Sale (herein so called)
23as attached hereto and made a part hereof as Exhibit “A”, by and between G. Brad Grant,
24Becky J. Grant and Charles A. Grant, Jr. (collectively, The “Owner”), and the City of Denton
25(the “City”), regarding the sale by Owner and purchase by the City of fee simple to a called
2626.464 acre tract of land situated in the M.E.P. & P.R.R. Company Survey, Abstract Number
27927, City of Denton, Denton County, Texas, as more particularly described in the Contract of
28Sale, located generally on the southwest corner of north Loop 288 and Audra Lane, for the
29public use of expanding and improving the City’s electric transmission and distribution
30system, for the purchase price of Two Million Dollars and no cents ($2,000,000), and certain
31costs, as prescribed in the contract of sale; authorizing the expenditure of funds therefor; and
32providing an effective date. (69kV Transmission Line Re-Build and Sub Stations).
33
A motion to approve item 1 was made by Board Member Robinson with a second by Board
34
Member Cheek. The vote was 5-0.
35
36
37Adjournment 11:03am
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Transportation
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on
behalf of the City of Denton a Fifth Amendment to an Airport Lease Agreement approved by
Ordinance 2009-018 dated January 6, 2009 and amended by Ordinance 2009-323 dated
December 15, 2009 and amended by Ordinance 2010-193 dated August 17, 2010 and amended
by Ordinance 2012-056 dated March 6, 2012 and amended by Ordinance 2012-057 dated March
6, 2012 between the City of Denton, Texas and Sykes-Vaughan Investments, LLC, which
includes among other provisions the right to sell aviation fuel to the public for a fuel flowage fee
and to provide commercial hangar and tie-down service at the Denton Municipal Airport for real
The Council Airport
Committee recommends approval (3 0).
BACKGROUND
Airport staff has previously negotiated to lease an improved lot at 4600 Taxilane -
Vaughan Investments, LLC for use as an aircraft ramp. The proposed improvement of a 30,000
square foot, concrete paved ramp with a connection to Taxilane constructed by the Airport
was recommended by the Council Airport Committee on February 28, 2012 and approved by the
City Council on March 6, 2012. Subsequent to this lease approval, Sykes-Vaughan Investments,
LLC requested to increase the leased lot to 41,400 square feet of improved ramp. The base
annual rate of $16,200 plus an 11% commission on all revenue received from storage of aircraft
for customers of the U.S. Aviation Group Fixed Base Operator (FBO) service is proposed to
increase to a base of $18,720.
This proposed lease is a fifth amendment to the FBO Lease approved between the City of Denton
and Sykes-Vaughan LLC. Ordinance 2009-018 dated January 6, 2009, approved the original
FBO lease. The fifth and prior amendments have added ground lease area for a total of 328,998
square feet of Airport ground leased to Sykes-Vaughn Investments, LLC. The balance of the
lease period for the Sykes-Vaughn, LLC FBO lease, to which this lease amendment applies, is
thirty-seven (37) years.
RECOMMENDATION
Airport on-site management recommends construction of the new ramp and approval of a new
lease for the improved property at
Agenda Information Sheet
September 18, 2012
Page 2
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
1.On February 28, 2012, the Council Airport Committee unanimously recommended
approval of the Third Amendment to an Airport Lease Agreement and the City Council
approved the lease of 30,000 square feet of improved ramp space to Sykes-Vaughan
Investments, LLC on March 6, 2012.
2.On September 5, 2012, the Council Airport Committee recommended approval of this
lease amendment (3 0).
FISCAL INFORMATION
The proposed property lease rate for is $18,720 annually. The annual lease
rate will be adjusted every second year of the lease period by any increase in the Consumer Price
Index. The estimated cost of additional improvements is $89,121, for a total improved property
cost of $284,066 to be funded from the 2012 Budget for the Airport.
Respectfully submitted,
Quentin Hix
Airport Manager
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Transportation
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on
behalf of the City of Denton a Commercial Operator Lease Agreement between the City of
Denton, Texas and HTA Aviation for approximately 26,055 square feet of land located at 4910
Lockheed Lane at the Denton Airport; and, providing an effective date.
BACKGROUND
Airport Staff has negotiated to lease an unimproved lot at 4910 Lockheed Lane to HTA Aviation
for construction of a 10,400 square foot hangar and aircraft ramp. The proposed improvement of
this 26,055 square foot lot will include the hangar, 11,700 square feet of concrete paved aircraft
ramp plus an approach to an Airport ramp ,and, a 2,990 square foot
paved parking area. The base annual rate for this ground lease is $7,035 ($586 per month) with a
CPI adjustment every two years beginning in 2016. Exhibit 2 depicts a location and layout for
this lot.
HTA Aviation is a small business providing specialized technical services in the aviation
industry through three integrated teams: Program/Project Management, Technical Publications
and Service Engineering. HTA is currently located in Roanoke, Texas adjacent to Alliance
Airport. In addition to housing their business headquarters, the new hangar at Denton Airport
will be used for storage of their personal aircraft and operation of their aircraft repair station.
Additional information regarding this new business at Denton Airport can be found on the
internet at http://htaaviation.com.
RECOMMENDATION
Airport management recommends approval of this ground lease and welcomes this new business
with four (4) initial employees and potential for expansion of their business at Denton Airport.
Agenda Information Sheet
September 18, 2012
Page 2
EXHIBITS
1.Development Plan for Lot Improvements.
2.Ordinance with Ground Lease
Respectfully submitted,
Quentin Hix
Airport Manager
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Economic Development
ACM:
John Cabrales
SUBJECT
Consider the adoption of an ordinance of the City of Denton, Texas, approving a Fourth
Amendment to an Economic Development Program Grant Agreement for the Denton Crossing
retail development dated September 9, 2008 between the City of Denton and DCTIRZ, a Texas
Limited Liability Company, to assign all rights and title, to and under the Agreement to Amarillo
National Bank.
BACKGROUND
The City of Denton originally entered into a Chapter 380 Economic Development Program Grant
Agreement with Hunt Properties, developer of the Denton Crossing retail development on Loop
288 in 2001. In return for the construction of public infrastructure, the developers of this 52
acre, $50 million project received a grant of one-half penny of the sales tax generated by the
development for a period of 20 years or a total amount of $7.25 million plus interest, whichever
comes first.
The agreement provides that upon completion of the required public infrastructure and 350,000
square feet of retail space, the grantee may sell the property and/or the rights to the grant without
consent of the City. This occurred when ORIZ/Hunt assigned the rights of the grant to DCTIRZ,
LLC in 2008. The following transactions and amendments have occurred since the
commencement of the agreement:
November 2001 Original contract approved with Hunt Properties for Denton Crossing Chapter
380 Economic Development Grant Program Agreement
January 2003 Hunt Properties assigned the grant agreement to ORIX/Hunt Denton Venture,
an Illinois limited general partnership. (Amendment 1)
October 2004 ORIX/Hunt sold the property to a retail management/development company,
Inland Western Denton Crossing Limited Partnership.
September 2006 A second amendment acknowledged the sale of the property to Inland
Western, confirmed that the Grantee had met all required thresholds of the
agreement and clarified certain definitions and conditions in the agreement.
(Amendment 2)
August 2008 ORIX/Hunt assigned all of its rights, title and interest to the grant to DCTIRZ,
LLC, a Texas Limited Liability Company.
The current Grantee has requested the fourth amendment be approved to allow the Grant to be
used as collateral in a loan from Amarillo National Bank. Amarillo National Bank will receive
the grant payments until such time as the loan has been paid.
Agenda Information Sheet
Economic Development Agreement Assignment
September 18, 2012
Page 2
FISCAL INFORMATION
There will be no fiscal impact as a result of this Amendment. The Amendment documents the
agreement between DCTIRZ and Amarillo National Bank and recognizes the designation and
rightAmarillo National Bank as security for loan proceeds.
EXHIBITS
Ordinance
Chapter 380 Economic Development Grant Agreement Amendment
Security and Assignment Agreement Document
Prepared by:
______________________________________
Erica Sullivan, Economic Development Analyst
Economic Development Department
Respectfully submitted,
_______________________________
Linda Ratliff, Director
Economic Development Department
\\Codad\global\Agendas\Strategic Services\2012 Agenda Items\September 2012\September 18 - 2012\4D - DCTIRZ Amarillo National Bank Assignment\2- Amd 4 Ordinance.doc
ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A FOURTH
AMENDMENT TO AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT
FOR THE DENTON CROSSING RETAIL DEVELOPMENT DATED SEPTEMBER 9, 2008
BETWEEN THE CITY OF DENTON AND DCTIRZ, WHICH WAS DULY ASSIGNED TO
AMARILLO NATIONAL BANK; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is herby authorized to execute a Fourth
Amendment to the Eco
substantially the form of the Amendment which is attached hereto and made a part of this
Ordinance for all purposes.
SECTION 2. The City Manager, or his designee, is hereby authorized to exercise the
City of Denton
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ________ day of ______________________, 2012.
_________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ________________________________
THE STATE OF TEXAS}
}
COUNTY OF DENTON}
AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT
This Amendment to Economic Development Grant Agreement ("Amendment") is made as of the
____ day of ______, 2012 between the City of Denton, a Texas municipal corporation ("City")
and DCTIRZ, a Texas Limited Liability Company (Assignor) and Amarillo National Bank
(Assignee).
WITNESSETH
WHEREAS, The City and DCTIRZ, LLC entered into that certain Economic Development
Program Grant Agreement, dated as September 9, 2008,(), which Agreement relates
to the Property legally described on Exhibit A attached hereto; and
WHEREAS, DCTIRZ, LLC has granted a lien on and security interest in certain of
its rights, title and interest in, to and under the Agreement as the Grantee therein to Amarillo
National Bank ; and
WHEREAS, as required by the Agreement, Amarillo National Bank provided written notice of
the Assignment to the City; and
WHEREAS, by virtue of the Assignment, Amarillo National Bank is entitled to receive any and
all amounts payable to the Assignor, as successor to DCTIRZ, LLC under the Agreement as the
"Grantee" therein; and
WHEREAS, Amarillo National Bank is not responsible for the public infrastructure
improvements and 350,000 of square feet of retail space as defined within the original
Agreement. The City accepted all of the required infrastructure improvements from Orix Hunt
Denton Venture on August 2, 2004.
WHEREAS, the Assignor and City agree to do all things necessary and appropriate to carry out
the terms of the Agreement and to assist each other in carrying out those terms; and
WHEREAS, Assignor, Assignee and City desire to formally document the agreements outlined in
the above recitals and make certain amendments under the Agreement.
NOW THEREFORE, in consideration of the covenants and agreements herein contained,
Assignor, Assignee and City hereby agree as follows:
1. Program Grant. Until all amounts owing by DCTIRZ, LLC to Amarillo National Bank
have been paid in full, all Program Grant Installment Payments will be made directly to
Amarillo National Bank.
2. Recitals/Defined Terms. That (a) the recitals set forth above are true and correct and are
incorporated herein by this reference, and (b) that any capitalized terms utilized in this
Amendment and not herein defined shall have the meanings ascribed to such terms in the
Agreement.
3. Full Force and effect; Authority to Execute. Assignor and City acknowledge and agree
that the Agreement, as amended hereby, is and remains in full force and effect between
them. Assignor and City, respectively, further represent and warrant to each other that
this Amendment has been approved by all necessary corporate or municipal authorities,
as the case may be, and that the person(s) executing the agreement their behalf have full
power and authority to bind them to the terms and provisions hereof.
4. Counterparts/Recording. This Amendment may be executed in multiple counterpart by
the parties, each of which shall be deemed an original and which, when taken together
shall constitute a single instrument. This Amendment may be filed for record with the
Clerk of Denton County Texas by either party hereto.
{Balance of this page intentionally blank;
Signature Page follows}
2
IN WITNESS WHEREOF, the parties have executed this Amendment to Economic Development Grant
Agreement effective as of the ___ day of _______, 2012.
CITY: CITY OF DENTON, TEXAS
By: _________________________________
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:_______________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: ______________________________
ASSIGNEE: Amarillo National Bank,
By: _________________________________
J. Gregg Jordan, Senior Vice President
ASSIGNOR: DCTIRZ, LLC,
A Texas Limited Liability Company
By: STERQUESLL PSF SETTLEMENT, L.C.
a Texas Limited Liability Company,
a Member
By: _______________________________
Robert L. Templeton, Manager
By: AHF LIQUIDATING TRUST, a Member
By:__________________________________
Cheskey, Trustee
3
Acknowledgements
CITY:
State of Texas )
County of Denton )
This instrument was acknowledged before me on the ___ day of ________, 2012 by
________________, the ______________ of the City of Denton, Texas, and attested to by
____________, the ___________ of such City, on behalf of such City.
___________________________________
Notary Public in and for the State of Texas
My Commission expires: ______________
Assignee:
State of Texas )
County of Denton )
This instrument was acknowledged before me on the ___ day of ________, 2012 by J. Gregg Jordan, a
Senior Vice President____________ of Amarillo National Bank, on behalf of such company.
___________________________________
Notary Public in and for the State of Texas
State of Texas
County of Potter
This instrument was acknowledged before me on the ___day of _____, 2012 by Robert L. Templeton, a
Manager of Sterquell PSF Settlement, L.C., a Texas limited liability company, a member of DCIRZ,
LLC, a Texas limited liability company, on behalf of DCTIRZ, LLC.
______________________________________
Notary Public in and for the State of Texas
State of Texas
County of Dallas
as Trustee of the AHF Liquidating Trust, on behalf of said trust.
___________________________________
Notary Public in and for the State of Texas
4
BEING all that certain tract or parcel of land situated in the Mary L. Austin Survey, Abstract No.
4, the John W. Cheek Survey, Abstract No. 324, and the J.S. Taft Survey, Abstract No. 1256, of
Denton County, Texas, being all of Lot 1, Block A, Lone Star Par 3 Addition, an addition to the
City of Denton filed of record in Cabinet I, Slide 277, Plat Records of said County, and being all
of that tract of land conveyed to Pacific Asset Management, Inc., Volume 5128, Page 538; Mark
A. Kuhn ,Volume 4163, Page 680; Roy Dean & Patsy Smith, Volume 489, Page 92; D. Schiflet
& W
Number 95R0080326; J. Hudspeth, Jr. & D. Shiflet Hudspeth, Volume 1708, Page 661; Shiflet
Financial Corp., W. Schweitzer, J. Hudspeth, Jr., & D. Hudspeth, Volume 1493, Page 129; The
Baptist Foundation of Texas, Volume 4163, Page 674, filed for record in the Public Records of
Denton County, Texas, said tract being more particularly described by metes and bounds as
follows:
h line of State Highway Loop 288, from which a
Addition, according to the plat filed of record in Cabinet I, Page 277, Plat Records of Denton
County, Texas, bears North 00 degrees 13 minutes 40 seconds West, a distance of 1.60 feet for
the Southwest corner of this tract;
THENCE North 00 degrees 13 minutes 40 seconds West, at 1
found, the Southwest corner of said Lone Star Par 3 Addition, in all a distance of 1681.35 feet to
of that certain tract of land conveyed to Charles E. Bailey according to the deed filed of record in
Volume 4083, Page 1299, Deed Records of Denton County, Texas, and the Northwest corner of
said Lone Star Par 3 Addition, for the Northwest corner of this tract;
THENCE South 88 degrees 03 minutes 04 seconds East, along the approximate South line of
found at the Northwest corner of that certain tract of land described in a lease to Lone Star Gas
Company according to the lease document filed of record in Volume 410, Page 455, and being
the remainder of that certain tract of land conveyed to M.M. Smith according to the deed filed of
record in Volume 305, Page 258, Public Records of Denton County, Texas, said iron rod also
being a corner of this tract;
THENCE South 02 degrees 10 minutes 48 seconds West, along the West line of said Lone Star
said tract, and being the most southerly Northwest corner of that certain tract of land conveyed to
Roy Dean and Patsy Smith according to the deed filed of record in Volume 489, Page 92, Deed
Records of Denton County, Texas, for a corner of this tract;
THENCE South 88 degrees 02 minutes 05 seconds East, along the South line of said lease tract
found for the Southeast corner of said lease tract, and being an inside ell corner of said Roy Dean
5
and Patsy Smith tract for an inside ell corner of this tract;
THENCE North 02 degrees 02 minutes 52 seconds East, along the East line of said lease tract
and the most northerly West line of said Smith tract, a distance o
found in the approximately South line of said Road, for the Northeast corner of said lease tract
and the most northerly Northwest corner of said Smith tract, for a corner of this tract;
THENCE South 88 degrees 35 minutes 31 seconds East, along the approximate South line of
said road and the North line of said Roy Dean & Patsy Smith tract, a distance of 259.72 feet to a
Schiflet & W. Schweitzer tract, for a corner of this tract;
THENCE North 00 degrees 26 minutes 30 seconds West, crossing said road, a distance of 51.63
of that certain tract of land conveyed to D. Schiflet & W. Schweitzer according to the deed filed
of record in Volume 1129, Page 61, Deed Records of Denton County, Texas, for a corner of this
tract;
THENCE along the approximate North line of Spencer Road the following courses and
distances;
South 88 degrees 33 minutes 38 seconds East, along the North line of said Schiflet & Schweitzer
South 88 degrees 01 minutes 39 seconds East, along the North line of that certain tract of land
conveyed to J. Hudspeth, Jr. & Schweitzer according to the deed filed of record under County
iron rod set at the Northwest corner of that certain tract of land conveyed to
J. Hudspeth, Jr. and D. Shiflet-Hudspeth according to the deed filed of record in Volume 1708,
Page 661, Deed Records of Denton County, Texas;
South 88 degrees 11 minutes 27 seconds East, along the North line of said tract, a distance of
South 86 degrees 53 minutes 08 seconds East, along the North line of that certain 2.5 acre tract
of land conveyed to Shiflet Financial Corporation, W. Schweitzer, J. Hudspeth, Jr. & D.
Hudspeth, according to the deed filed of record in Volume 1492, Page 129, Deed Records of
North line thereof;
South 74 degrees 36 minutes 30 seconds East, along said North line, a distance of 245.25 feet to
South 74 degrees 36 minutes 30 seconds East, a distance of 1.94 feet for the Northeast corner of
said 2.5 acre tract and the Northeast corner of this tract;
THENCE South 26 degrees 15 minutes 21 seconds West, crossing said Spencer Road and along
6
the West line of said Highway, and along the East line of said Shiflet Financial Corporation,
angle point in the West line of said Highway and said East line, for a corner of this tract;
THENCE South 19 degrees 12 minutes 47 seconds East, along the West line of said Highway
tract, said point being the beginning of a non-tangent curve to the right;
THENCE along said Highway and the South line of said Shiflet Financial Corporation,
Schweitzer, Hudspeth & Hudspeth tract and along the Southeast line of that certain tract of land,
a 3/4% interest which was conveyed to The Baptist Foundation of Texas according to the deed
filed of record in Volume 4163, Pages 674,677, Deed Records of Denton County, Texas, and of
which the remaining 1/4% interest was conveyed to Mark Kuhn according to the deed filed of
record in Volume 4163, Page 660, Deed Records of Denton County, Texas, and along said curve
to the right, having a radius of 2804.79 feet, and a central angle of 15 degrees 48 minutes 46
seconds, a chord bearing and distance of South 44 degrees 07 minutes 45 seconds West, 771.62
on rod set for a corner of this tract at an angle point
in the Northwest line of said Highway;
THENCE South 58 degrees 25 minutes 34 seconds West, along said Highway and the South line
iron rod set for the beginning
of a curve to the right and for a corner of this tract;
THENCE along said curve to the right and said Highway line, same being the South line of said
Baptist Foundation tract and said Mark A. Kuhn tract, said curve having a radius of 2789.79 feet,
and a central angle of 04 degrees 23 minutes 05 seconds, a chord bearing and distance of South
rod with TXDoT aluminum cap found for a corner of this tract at an angle point in the Northwest
line of said Highway;
THENCE South 60 degrees 25 minutes 13 seconds West, along said Highway and the South line
of said Baptist Foundation and Kuhn tract, and along that certain tract of land conveyed to
Pacific Asset Management, Inc. according to the deed filed of record in Volume 5128, Page 538,
Deed Records of Denton County, Texas, and along the South line of said Lone Star Par 3
Addition, a distance of 980.80 feet to an aluminum TXDoT cap found in concrete for an angle
point in the Northwest line of said Highway for a corner of this tract;
THENCE South 65 degrees 39 minutes 28 seconds West, along said Highway and the South line
of said Addition, a distance of 580.63 feet to the Place of Beginning, and containing 54.16 acres
of land.
7
SECURITY AGREEMENT AND ASSIGNMENT OF AGREEMENT
This Security Agreement and Assignment of Agreement (the Assignment) is entered and effective
DCTIRZ, LLC
as of August _______, 2012, by and between , a Texas limited liability company
Amarillo National Bank
(Borrower Bank.
Recitals
A. On or about November 27, 2001, The City of Denton, Texas and Den
Partners, Ltd. entered into that certain Economic Development Pr
Crossing Partners, Ltd. Original 380 Agreement, which was subsequently recorded in Volume
4989, at page 00274, Official Public Records of Denton County, T
B. The Original 380 Agreement was subsequently assigned by DCP to O
OHDV
Agreement, dated September 11, 2002, and recorded in Volume 5170, at page 84, Official Public Records
DCP Assignment.
C. On or about January 21, 2003, the Original 380 Agreement was ame
Amendment to Economic Development Program Grant Agreement, betwe
First Amendment
D. On or about September 26, 2006, the Original 380 Agreement was f
that certain Second Amendment to Economic Development Program Gr
of Denton Second Amendment.
E. On or about August 22, 2008, the Original 380 Agreement was assi
Borrower by that certain Assignment and Assumption of 380 Agreem
OHDV Assignment (the Original 380 Agreement, the DCP Assignment, the First Amen
Second Amendment, and the OHDV Assignment are collectively refer
380 Agreement).
F. Bank has extended (or will extend) a loan in the principal amoun
Borrower (the Loan).
G. The Loan is governed by an Amended and Restated Credit Agreement
herewith between Borrower and Bank (including any and all amendm
and/or restatements thereof, the Credit Agreement
H. As a condition to extending credit to Borrower under the Credit
required, among other things, that Borrower assign to Bank all o
hereafter created, in, under, and to the 380 Agreement.
Agreement
In consideration of the above recitals, and the mutual promises co
good and valuable consideration, the receipt and sufficiency of
hereto agree as follows:
1. Borrower pledges, assigns, transfers, and grants to Bank a lien
interest in all of Borrower's right, title, and interest, whethe
Security Agreement and Assignment of Agreement Page 1
0D1BBGv2
and under the 380 Agreement
and any amendment, modification, restatement, or supplement exec
Agreement, including, without limitation: (i) all rights of Borr
under or pursuant to the 380 Agreement; (ii) all rights of Borro
indemnity, warranty, or guaranty with respect to the 380 Agreeme
damages arising out of or for breach of or default under the 380; (iv) all rights of Borrower to
compel performance and otherwise exercise all remedies under the
not included in the foregoing, all proceeds, products, accession
additions, substitutions, replacements of and to any and all of
Collateral.
2. This Assignment is given to secure the Obligations (as used in t
Obligations). On payment in full of
the Obligations, this Assignment shall become void without furth
rights, interests and remedies granted or afforded Bank under th
Borrower.
3. Neither this Assignment nor any action by Bank will constitute a
any obligations under the 380 Agreement and Borrower will contin
Borrower under the 380 Agreement. Bank will not be obligated to
duty to be performed or discharged by Borrower arising out of or.
Bank does not assume any of Borrower's liabilities, duties, or o.
4. Bank may, but will not be required to, perform or cause performa
this Assignment or the 380 Agreement, and the expenses of Bank i
payable by Borrower upon demand of Bank. If any default by Borr
and Borrower fails to cure the default within ten business days,
will not be obligated) to remedy any such default by giving writ
the other parties to the 380 Agreement. Bank will have a reasonable opportunity to cure the
cure by Bank of Borrower's default under the 380 Agreement will
Bank of any obligations, covenants, or agreements of Borrower un380 Agreement, and Bank will not
incur any liability to Borrower to any other person as a result
attempting to cure any default. This Assignment will not be dee
obligations of Borrower under the 380 Agreement.
5. Borrower hereby irrevocably appoints Bank as Borrower's attorneyin-fact (which
appointment as attorney-in-fact is coupled with an interest), with full authority in the p
Borrower and in the name of Borrower, effective from time to tim
and to execute any instrument that Bank may reasonably deem nece
purposes of this Assignment, including to ask, demand, collect,
to become due under or in connection with the Collateral, to rec
instruments, documents, and chattel paper in connection therewit
or institute any proceeding that Bank may reasonably deem necess
or to enforce compliance with the terms and conditions of any or
Assignment. Notwithstanding the foregoing, Bank will not be obl
attorney-in-fact and will not have any duty to Borrower in connection there
6. Borrower may not amend or modify any material term of any of the, or do
or suffer to be done any act that would impair the security inte
prior written consent of Bank, which consent will not be unreaso.
Security Agreement and Assignment of Agreement Page 2
0D1BBGv2
7. All payments made under or in connection with the 380 Agreement
directly to Bank for Lock Box
Account and all amounts held
or received by Borrower in violation of this provision, will be
as soon as practicable and in the form received, and will consti
8. Borrower hereby represents, warrants, and agrees that:
(a) Borrower has the right, power, and capacity to make this Assignm
person, partnership, corporation, or other entity other than Bor
interest in or to Borrower's rights under the 380 Agreement.
(b) Borrower will, at Borrower's sole cost and expense, perform and
Borrower's obligations and undertakings under the 380 Agreement.
to enforce or secure the performance of each and every obligatio
Agreement and will appear in and prosecute or defend any action
manner connected with, the 380 Agreement or the obligations and
(c) Borrower will not, without the prior written consent of Bank, (i
mortgage, or otherwise encumber or assign any portion of the 380
under the 380 Agreement; (ii) waive or in any manner release any
Agreement; (iii) disaffirm, cancel, terminate, or consent to any
or alter any material terms of the 380 Agreement.
(d) Any default by Borrower in the performance of any obligation or
hereunder will constitute and be deemed to be an Event of Defaul
entitle Bank to exercise any and all of the rights and remedies
Loan Documents (as used in this Assignment, the t Loan DocumentsLoan Document
the meanings assigned to such terms in the Credit Agreement), in
immediately due and payable without notice or demand.
(e) There are no existing defaults under the 380 Agreement.
(f) correct, and
complete copies of the 380 Agreement.
(g) Borrower's interest in the 380 Agreement is not subject to any c
encumbrance.
9. The occurrence of a default or event of default under the 380 Ag
of a default or event of default under the Credit Agreement, wil
Event of Default.
10. Upon the occurrence of an Event of Default, Bank may exercise an
available to it under the Credit Agreement, at law or in equity,
remedies granted to a secured party under the UCC.
11. Anything contained herein to the contrary notwithstanding, Borro
Bank any award made hereafter to Borrower in any bankruptcy, ins
proceeding in any state or federal court involving the 380 Agree
Security Agreement and Assignment of Agreement Page 3
0D1BBGv2
12. The failure of Bank to enforce any of the terms, covenants, or c
construed or deemed to be a waiver of any rights or remedies her
power, and authority to enforce this Assignment, or any of the t
time or times that Bank will deem appropriate.
13. This Assignment will bind the parties hereto and their respectiv
14. This Assignment will be governed by and construed in accordance
State of Texas (without giving effect to the principles thereof
15. For the purposes of this Assignment, venue for any suit or cause
parties will lie in Potter County, Texas, unless and except a su
which case, venue will lie in the United States District Court f
Division.
16. This Assignment may be executed in any number of counterparts an
parties hereto on separate counterparts, each of which when so e
but all of which shall together constitute one and the same inst
17. In case any provision in or obligation under this Agreement shal
unenforceable in any jurisdiction, the validity, legality and en
obligations, or of such provision or obligation in any other jur
impaired thereby.
18. Neither this Agreement nor any of the terms hereof may be termin
supplemented, waived or modified except by an instrument in writ
19. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT
BETWEEN THE PARTIES CONCERNING THE SUBJECT MATTER HEREOF AND MAY
CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUEN
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENS
BETWEEN THE PARTIES.
(remainder of page intentionally left blank)
Security Agreement and Assignment of Agreement Page 4
0D1BBGv2
EXHIBIT A
Security Agreement and Assignment of Agreement Page 8
0D1BBGv2
AGENDA INFORMATION SHEET
AGENDA DATE: September 18, 2012
DEPARTMENT: Planning and Development
ACM: John Cabrales
SUBJECT
Consider approval of an ordinance of the City of Denton, Texas, Nunc Pro Tunc, correcting an
inadvertent mistake in ordinance No. 2012-188, specifically its amendment of a rezoning from a
Neighborhood Residential 3 (NR-3) zoning district and land use classification to a Neighborhood
Residential Mixed Use 12 (NRMU-12) zoning district and land use classification with a
restrictive overlay on 3.3 acres of land 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; providing for a penalty in the maximum amount of $2,000.00 for
violation thereof; providing for severability, savings and supersedure; and providing for an
effective date.
BACKGROUND
On August 21, 2012 the City Council adopted Ordinance 2012-188 that approved a rezoning
with a restrictive overlay. The ordinance incorrectly had two uses listed as both Permitted (P)
and Permitted with a Limitation 13 (L(13)) and Not Permitted (NP). These uses are Community
Homes for the Disabled and Elderly Housing. The intention was to have Community Homes for
the Disabled designated as permitted by-right, with a (P) and Elderly Housing to be permitted
with an L(13) limitation, restricting the use to no more than 55,000 sq. ft. The Ordinance
included as Exhibit 1 correctly lists the restricted uses within the NRMU-12 zoning district.
PRIOR ACTION/REVIEW
1.Planning and Zoning Commission February 22, 2012
2.Planning and Zoning Commission March 14, 2012
3.City Council April 17, 2012
4.City Council May 15, 2012
5.City Council July 17, 2012
6.City Council August 21, 2012
Agenda Information Sheet
September 18, 2012
Page 2
OPTIONS
1.Approve as submitted.
2.Approve subject to conditions.
3.Deny.
4.Postpone consideration.
5.Table item.
RECOMMENDATION
APPROVAL
The Development Review Committee recommends of this nunc pro tunc request.
EXHIBITS
1.Ordinance
Prepared by:
Erica Marohnic, AICP
Planning Supervisor
Respectfully submitted:
Brian Lockley, AICP, CPM
Interim Director, Planning and Development
Exhibit1
Ordinance
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Vance Kemler at 349-8044
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving an Interagency
Cooperation Contract by and between the University of Texas at Arlington and the City of
Denton, Texas for a term of three years to provide Landfill Field Testing and Monitoring
Services, enhanced leachate recirculation modeling, efficiency analyses, research, development
of a mining methodology and materials characterization in order to support ongoing studies of
several landfill parameters for the City of Denton Landfill in an amount not-to-exceed $344,415;
providing for retroactive approval, confirmation and ratification thereof; authorizing the City
Manager or his designee to execute said contract on behalf of the City of Denton; providing for
the expenditure of funds; and providing an effective date (File 4816). The Public Utilities Board
recommends approval (5-0).
FILE INFORMATION
Over the past three years, selected faculty and staff from the University of Texas at Arlington’s
Environmental Engineering Department (UTA) have been working with Denton’s Solid Waste
Department staff to develop best management practices for the City’s bioreactor landfill
operations. Several graduate students and their major professor have been providing testing,
analysis and research on projects that have assisted City staff in better managing bioreactor
operations in the areas of: compliance with the permitting requirements, improving process
management techniques, and determining the feasibility of mining and processing waste for its
resource value which will also extend the useful life of the facility. UTA has developed specific
information on the biological treatment and processing of the site’s municipal solid waste
(MSW) to achieve the best physical, chemical and biological stabilization of the waste and
enhance methane fuel production for its use as a fuel in the generation of green power for Denton
Municipal Electric customers.
The scope of services, included in the Interagency Cooperation Contract as Attachment A,
provides an overview of the tasks to be performed. In summary, UTA will provide ongoing
monitoring and efficiency testing to aid the Solid Waste Department in optimizing the landfill
site, and in developing future processes beneficial to the Department during disposal operations
and during the site post-closure period.
Agenda Information Sheet
September 18, 2012
Page 2
FILE INFORMATION(CONTINUED)
As a result of these projects, several presentations have been given at various state, national and
international conferences. These have included: The Solid Waste Association of North
America’s WASTECON-2010, Boston, Massachusetts; The International Solid Waste
Association’s Symposia 2010, Vienna, Austria; The International Conference on Solid Waste
Technology and Management March, 2012, Philadelphia, Pennsylvania; and the TXSWANA
Annual Technical Conference in Garland, Texas, June, 2012. Additionally, several technical
papers have been published on work performed by UTA and the City’s Solid Waste staff.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 10, 2012, the Public Utilities Board recommended approval to forward this item
to the City Council for consideration.
RECOMMENDATION
Approve an Interagency Cooperation Contract with the University of Texas at Arlington for
landfill testing and monitoring services in the not to exceed amount of $344,415.
PRINCIPAL PLACE OF BUSINESS
University of Texas at Arlington
Arlington, TX
ESTIMATED SCHEDULE OF PROJECT
This is a three year contract with a beginning date retroactive to May 1, 2012, and an ending date
of April 30, 2015.
FISCAL INFORMATION
Payment for the first year of the services will be funded from bond account
#660083592.1365.20100 in the amount of $63,125.50 and bond account # 60083593.1365.20100
in the amount of $63,125.50.
EXHIBITS
Exhibit 1: Public Utilities Board Draft Minutes
Agenda Information Sheet
September 18, 2012
Page 3
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-File 4816
Exhibit 1
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3September 10, 2012
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7Monday, September 10, 2012 at 9:03 a.m. in the Service Center Training Room, City of Denton
8Service Center, 901-A Texas Street, Denton, Texas.
9
10Present:Chairman Dick Smith, Vice Chair Billy Cheek, Randy Robinson, Phil
11Gallivan and Leonard Herring
12
13Absent – Excused: Barbara Russell
14
15Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, City Manager
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20
Agenda Item #3 was pulled by Board Member Gallivan and Chair Smith for further
21
questions.
22
23
ITEMS FOR INDIVIDUAL CONSIDERATION:
24
25
263) Consider a recommendation of an approval of a multi-year inter-local government agreement
27with the University of Texas at Arlington and the City of Denton Solid Waste Department to
28provide landfill field testing and monitoring, enhanced leachate recirculation modeling,
29efficiency analyses, research, and development of a mining methodology and materials
30characterization, to support on-going studies of several landfill parameters over a three year
31period in an amount not to exceed $344,414.
32
Board Member Gallivan asked what was paid in the previous contract and has there been
33
an increase
34. Scott Lebsack, Business Development & Admin Department Manager, stated that
35the work is actually conducted by UTA doctoral students. There are different elements of work
36that UTA is providing for us that staff could not get from consultants. The various consultant
37companies that Solid Waste uses do not have the equipment for permeability studies and
38moisture content studies. City of Denton is one of two bioreactor landfills in the State; the work
39that UTA provides staff has a variety of benefits. Some of the benefits that staff receives and
40over the three year periods is just over $300,000. The solid waste department requires moisture
41content monitoring to know how much water to add to the land fill and monitoring that moisture
42closely because there is a certain range that we need to be within. Staff also has to be conscience
43of the temperature; there are probes in the landfill that monitors that temperature. We also have
44to be aware of the gas generation as well. There is a lot of operational data that is being
45collected and report information that is being provided. Each quarter a report is received from
46the professor and students.
47
Draft Minutes of the Public Utilities Board Meeting
September 10, 2012
Page 2 of 2
Board Member Cheek asked if staff is getting a combined process of having the analytical,
1
theoretical, and civil by hiring the college
2. Lebsack stated that the work solid waste needs
Cheek clarified that Lebsack stated that consultants couldnt
3done is MSW permit required.
be used for this work; we are using UTA, what is the reason
4. Lebsack answered that the
5consultants that solid waste normally works with are generally not geared and set up and do not
6have staff to go into the field and do the long term monitoring and set up the program and
7manage and control that is required of this project.
8
9Campbell asked if this is someone at the University that some of our consultants would probably
10engage if we were in contract with them. Lebsack answered that our consultants would
11subcontract it out to UTA. There are approximately four universities in the United Stated that do
12this type of detailed landfill work. There is someone here on site weekly. Martin stated that over
13the last few years Solid Waste has been spending approximately $100,000 per year. Not sure of
14the exact numbers but it is in that area. UTA does work for solid waste that we couldn’t find
Gallivan believed this is a need, just asking about the money po
15anywhere else.
Robinson stated that there are only two landfills in the State, who is the other landfill
16.
17Lebsack stated it is the City of Dallas.
18
19Lebsack went on to say UTA gives a lot of data and this is the type of information that is needed
20in the landfill business to properly manage and maintain the landfill.
21
Gallivan stated that he isnt questioning the need at all. When we have opportunities to
22
look at extensions or renewals of contracts, it is seldom that the information of what was
23
spent in the previous period is in the backup information. Gallivan would suggest that
24
information be included going forward
25. Lebsack stated that he can send that information out.
26Martin suggested that it be placed on the matrix.
27
Gallivan asked if it is a situation where staff may spend up to the amount or is that amount
28
fixed
29. Lebsack stated that amount is actually spent. Martin added that in the past it is a situation
30where you get good knowledgeable work done for a reasonable price.
31
A motion to approve item 3 was made by Board Member Gallivan with a second by Board
32
Member Herring. The vote was 5-0.
33
34
35Adjournment 11:03am
ORDINANCE NO. 2012-_______
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERAGENCY
COOPERATION CONTRACT BY AND BETWEEN THE UNIVERSITY OF TEXAS AT
ARLINGTON AND THE CITY OF DENTON, TEXAS FOR A TERM OF THREE YEARS TO
PROVIDE LANDFILL FIELD TESTING AND MONITORING SERVICES, ENHANCED
LEACHATE RECIRCULATION MODELING, EFFICIENCY ANALYSES, RESEARCH,
DEVELOPMENT OF A MINING METHODOLOGY AND MATERIALS
CHARACTERIZATION IN ORDER TO SUPPORT ONGOING STUDIES OF SEVERAL
LANDFILL PARAMETERS FOR THE CITY OF DENTON LANDFILL IN AN AMOUNT
NOT-TO-EXCEED $344,415; PROVIDING FOR RETROACTIVE APPROVAL,
CONFIRMATION AND RATIFICATION THEREOF; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE SAID CONTRACT ON BEHALF OF THE
CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE (FILE 4816).
WHEREAS, the Interagency Cooperation Contract (the “Contract”) by and between the
City of Denton, Texas and The University of Texas at Arlington (“UTA”) referenced herein, was
presented to, reviewed by and considered by the Public Utilities Board (the “PUB”) at its
regularly called meeting of September 10, 2012; and the PUB recommended approval of the
Contract by a vote of 5 to 0; and
WHEREAS, the City Council finds that the Contract will benefit the City of Denton,
Texas and is in the public interest. WHEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the Interagency Cooperation Contract
by and between the City of Denton, Texas and The University of Texas at Arlington (“UTA”)
providing for a three-year engagement to provide for services pertaining to the City of Denton
landfill, substantially in accordance with the Interagency Cooperation Contract which is attached
hereto and incorporated herein by reference (the “Contract”).
SECTION 2. The City Manager, or his designee, is authorized to execute the Contract
on behalf of the City. The City Manager, or his designee, is authorized to carry out the City’s
rights and duties under the Contract.
SECTION 3. This Contract is hereby approved, confirmed and ratified retroactively.
SECTION 4. The City Manager is hereby authorized to expend funds as required by the
Contract.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
1
PASSED AND APPROVED this the ____ day of _______________, 2012.
________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: ___________________________________
2
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Tonya Demerson at 349-8129
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a Thirty-Six Month Lease Agreement with Ricoh USA, Inc. for Production
Printing Equipment for the City of Denton Reprographics department through the Buy Board
Cooperative Purchasing Network (Contract # 349-11); and providing an effective date. (File
5029-Lease of Production Printing Equipment awarded to Ricoh USA, Inc. in the annual lease
amount of $87,738.96 for a thirty-six month total of $263,216.88).
FILE INFORMATION
The current lease contract for production equipment in the Reprographics department
(Reprographics) expires September 2012. With this equipment, Reprographics will be able to
complete the types of projects requested by city departments and in accordance with the
managed services model. Reprographics currently uses the equipment listed below:
1 Ricoh Pro C900S (90 parts per million (ppm) color production copier/printer)
1 Ricoh MPC3300 (33 ppm color backup copier/printer)
1PCP1050 (105 ppm black &white production copier/printer)
Staff is recommending to replace this equipment with the equipment listed below which is
quoted by Ricoh USA, Inc. through the Buy Board Cooperative Purchasing Network:
1 Ricoh Pro C901C w/fiery (90 ppm color production copier/printer)
1 Ricoh MPC3300 (33 ppm color backup copier/printer)
1 1107EX (110 ppm black & white production copier/printer)
Replacing the existing equipment with the proposal from Ricoh USA, Inc. offers the following
benefits:
901C maintains current speed for production color printing
901C allows for cardstock and gloss paper stock to print directly from the tray, which
increases productivity
901C provides consistent color through job run
Booklet finishing and 2/3 hole punch
Current vendor relationship
Rapport with service technicians
Familiar with current technology
Agenda Information Sheet
September 18, 2012
Page 2
RECOMMENDATION
Approve a thirty-six month lease agreement with Ricoh USA, Inc. for production printing
equipment for the City of Denton Reprographics department through the Buy Board Cooperative
Purchasing Network (Contract # 349-11) in the annual lease amount of $87,738.96 for a thirty-
six month total of $263,216.88. This amount includes estimates for billable copies and overages
and includes hard drive security options on all equipment.
PRINCIPAL PLACE OF BUSINESS
Ricoh USA, Inc.
Malvern, PA
ESTIMATED SCHEDULE OF PROJECT
This is a thirty six month lease agreement which will become effective upon Council approval.
FISCAL INFORMATION
Funding for the contract is budgeted in Reprographics operating account 830100.6306.
EXHIBITS
Exhibit 1: Lease Agreement
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-File 5029
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A THIRTY-SIX MONTH LEASE AGREEMENT WITH
RICOH USA, INC. FOR PRODUCTION PRINTING EQUIPMENT FOR THE CITY OF
DENTON REPROGRAPHICS DEPARTMENT THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK (CONTRACT # 349-11); AND PROVIDING
AN EFFECTIVE DATE. (FILE 5029-LEASE OF PRODUCTION PRINTING EQUIPMENT
AWARDED TO RICOH USA, INC. IN THE ANNUAL LEASE AMOUNT OF $87,738.96
FOR A THIRTY-SIX MONTH TOTAL OF $263,216.88).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Buy Board Cooperative Purchasing Network programs at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items shown in the “File Number” referenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
5029 Ricoh USA, Inc. $263,216.88
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the
City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
City’s ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City
Manager or his designated representative is hereby authorized to execute the written contract
which shall be attached hereto; provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the Buy Board
Cooperative Purchasing Network, and related documents herein approved and accepted.
SECTION 4
. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5029 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5.
By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein
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: _________________________________
4-ORD-File 5029
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Vance Kemler at 349-8044
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting sealed proposals and awarding a Two Year
Contract for Maintenance Services for the City of Denton Vehicle Wash Facility located at 1251
South Mayhill Road and providing an effective date (RFP 4837–Vehicle Wash Facility Services
awarded to Pro-Tech Service Company, L.L.C. in the annual estimated amount of $75,000 for a
two year total of $150,000). The Public Utilities Board recommends approval (5-0).
RFP INFORMATION
This portion of RFP 4837 is for maintenance services for the City of Denton’s Vehicle Wash
Facility. This will include the existing bay which services large vehicles such as solid waste
refuse trucks and buses, and the new Belanger Condor wash system which will service
automobiles and light trucks such as pickup trucks. Maintenance services will also include
preventive maintenance and the supplying of the chemicals needed for the daily operations of the
car wash.
Request for Proposal 4783 was posted on the internet, advertised in the local newspaper, and
emailed to 88 prospective respondents. One responsive proposal from Pro-Tech Service Company,
L.L.C. (Pro-Tech) was received. Pro-Tech Service Company, L.L.C. has provided maintenance
services for the vehicle wash facility since it opened in October 2011.
The City of Denton requested a best and final pricing from Pro-Tech Service Company, L.L.C, and
the original pricing structure was revised to be in line with industry pricing. Pricing was requested
based upon per unit pricing, rather than ranges. In addition, a higher quantity of units was added to
ensure pricing was negotiated to handle higher volume.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 10, 2012, the Public Utilities Board recommended approval to forward this item
to the City Council for consideration.
Agenda Information Sheet
September 18, 2012
Page 2
RECOMMENDATION
Approve an initial two year contract with Pro-Tech Service Company L.L.C. for maintenance
services at the City of Denton Vehicle Wash Facility in the estimated amount of $150,000 with
options to renew the agreement for two (2) additional, two year terms for a potential term not to
exceed six years.
PRINCIPAL PLACE OF BUSINESS
Pro-Tech Service Company L.L.C.
Lewisville, TX
ESTIMATED SCHEDULE OF PROJECT
This contract is to provide services and supply chemicals for an initial two year period. The
contract may be renewed by mutual agreement for two (2) additional, two year periods for a
potential term not to exceed six years.
FISCAL INFORMATION
The maintenance services will be funded from operating account 660001.6512.
Requisition#109170 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Best and Final Offer
Exhibit 2: Public Utilities Board Draft Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-RFP 4837
Exhibit 1
Contractors Final Pricing Proposal
ITEM UOM Type of Product/Service Requested BAFO Pricing
ProvideTruckWashFacilityServiceOperationsBelangerVMaxfor0to
1MO500units/month.Monthlyratescoverprovidingallstandard
maintenanceservices.
$2,456.00
2EAAdderforcostpervehicle5011000$2.25
3EAAdderforcostpervehicle10012000
$2.17
4EAAddercostpervehicle20013000unitspermonth$2.09
5EAAddercostpervehicle30014000unitspermonth
$2.25
ProvideLightVehicleWashFacilityServiceOperationsBelangerCondor
6MOfor0to500units/month.Monthlyratescoverprovidingallstandard
$2,278.00
maintenanceservices.
7EAAdderforcostpervehicle5011000
$0.65
8EAAdderforcostpervehicle10012000
$0.63
9EAAddercostpervehicle20013000unitspermonth$0.61
10EAAddercostpervehicle30014000unitspermonth
$0.65
Cost of Additional Services:
Price
ITEM UOM DESCRIPTION
Providethemarkuppercentfor'ChargesForServicebyException'for
40%
11replacementofadditionalmaterials/equipmentpurchased.Thepercent
markupprovidedalsocoversfreight.
Providearangeofhourlylaborratesfortechnicianstoprovide'Charges
ForServicebyException'forreplacementoradditionalmaterials/
12
equipmentpurchased.Pleaseprovideanddiscussonaseparate
document.
$85
12AHRServiceTechnicianRegularTime(1HourMinimum)
$127.50
12BHRServiceTechnicianOvertime(2HourMinimum)
$120
12CHRTravel/TruckRegularTime(1HourMinimum)
$140
12DHRTravel/TruckOvertime(1HourMinimum)
Exhibit 1
Contractors Proposal Continued
Materials Proposal Pricing:
Mar
Total Price -
kup
Includes
Per
Manufacturer's
cent
Freight
UOM
ITEMQTY Description (%)
30gallonsofhighPHsoap.ProvideVendorpriceplusDenton's
1
13Barrelmarkuppercent.$418.0030%
30gallonsoflowPHsoap.ProvideVendorpriceplusDenton's
1
14Barrelmarkuppercent.$396.0030%
250350gallontoteofhighPHsoap.Vendorpriceplus
1
15ToteDenton'smarkuppercent.$4,196.0030%
250350gallontoteoflowPHsoap.VendorpriceplusDenton's
1
markuppercent.$4,196.0030%
16Tote
1
17EAOtherChemicalsrequiredforfacilityoperations.(Salt)$8.8030%
Normal Business Hours are Monday through Friday 8:00 AM to 5:00 PM
Overtime Hours are before 8:00 AM and after 5:00 PM, Monday through Friday, all
Saturdays, Sundays and legal or observed holidays.
Charges for services by exception (Line items 12) to include, but not limited to the
following:
Labor and parts claims resulting from misuse of equipment
o
Lack of operational training, neglect, improper installation by a third party (other
o
than Supplier)
Act of God, freezing, floods, fires or accident from damage caused by City.
o
Any damages resulting in third party will result in charges being billed to the City
o
and excluded from response time requirements
Incoming electrical fluctuations and deviations of power requirements and/or
o
single phasing plumber or other sub-contractors of the general contractor.
New or replacement equipment
o
Lack of utilities required for operation.
o
Costs to provide these services will be subdivided into labor, materials and freight
o
costs.
Supplier will not be responsible for maintenance of EJ Ward System for truck wash or
car wash.
Supplier Contact for Service is 972-221.1107
Exhibit 2
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3September 10, 2012
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7Monday, September 10, 2012 at 9:03 a.m. in the Service Center Training Room, City of Denton
8Service Center, 901-A Texas Street, Denton, Texas.
9
10Present:Chairman Dick Smith, Vice Chair Billy Cheek, Randy Robinson, Phil
11Gallivan and Leonard Herring
12
13Absent – Excused: Barbara Russell
14
15Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, City Manager
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20
212) Consider a recommendation of an approval to purchase car wash equipment and contract
22with Pro Tech Service Company LLC, Lewisville, Texas to provide vehicle wash facility
23maintenance services for a two year period with an option to renew for two additional two
24year periods. RFP #4837 is for the one time purchase and installation of the Kondor Car
25Wash System in the not to exceed amount of $86,590.04, and for the estimated annual
26services amount of $75,000, for a two year total of $150,000, to provide maintenance and
27operations services at the City of Denton’s automated truck and car wash facility.
28
A motion to approve item 2 was made by Board Member Gallivan with a second by Board
29
Member Herring. The vote was 5-0.
30
31
32Adjournment 11:03am
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A TWO YEAR
CONTRACT FOR MAINTENANCE SERVICES FOR THE CITY OF DENTON VEHICLE
WASH FACILITY LOCATED AT 1251 SOUTH MAYHILL ROAD AND PROVIDING AN
EFFECTIVE DATE (RFP 4837–VEHICLE WASH FACILITY SERVICES AWARDED TO PRO-
TECH SERVICE COMPANY, L.L.C. IN THE ANNUAL ESTIMATED AMOUNT OF $75,000
FOR A TWO YEAR TOTAL OF $150,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
maintenance services for a vehicle wash facility located at 1251 South Mayhill Road, Denton, Texas,
in accordance with the procedures of State law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1
. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the “Request Proposals” on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
4837 Pro-Tech Service Company, L.L.C. Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under RFP 4837 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of, 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:____________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
4-ORD-RFP 4837
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Vance Kemler at 349-8044
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting sealed proposals and awarding a Public Works
Contract for the Installation of a Belanger Condor Vehicle Wash System at the City of Denton’s
Vehicle Wash Facility; providing for the expenditure of funds therefor; and providing an
effective date (RFP 4837-awarded to Pro Tech Service Company, L.L.C. in the amount of
$86,590.04). The Public Utilities Board recommends approval (5-0).
RFP INFORMATION
This portion of RFP 4837 is for the first phase of the project, which is the turnkey installation of
a Belanger Condor Wash System in the second bay area of the City’s vehicle wash facility. The
Belanger Condor Wash System will service automobiles and light trucks such as pickup trucks.
This phase of the project is an addition to the existing bay, which was designed to service larger
vehicles.
The wash facility’s existing bay contains a Belanger V-Max Model LVW-45140 Public Works
45 foot vehicle wash system. This system is designed for large vehicles such as solid waste
refuse trucks and Denton County Transportation Authority buses.
Request for Proposal 4783 was posted on the internet and emailed to 88 prospective respondents.
One responsive proposal from Pro-Tech Service Company, L.L.C. (Pro-Tech) was received. Pro-
Tech has provided maintenance services for the vehicle wash facility since it opened in October
2011.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 10, 2012, the Public Utilities Board recommended approval to forward this item
to the City Council for consideration.
RECOMMENDATION
Approve a Public Works Contract for the Installation of a Belanger Condor Vehicle Wash
System at the City of Denton’s Vehicle Wash Facility with Pro Tech Service Company, L.L.C.
in the amount of $86,590.04. This amount includes the price shown on Exhibit 1 ($84,068) plus
an estimated three percent ($2,522.04) for bonding that is required.
Agenda Information Sheet
September 18, 2012
Page 2
PRINCIPAL PLACE OF BUSINESS
Pro-Tech Service Company, L.L.C.
Lewisville, TX
ESTIMATED SCHEDULE OF PROJECT
Estimated completion is 8-10 weeks after notice to proceed is issued.
FISCAL INFORMATION
The equipment and installation will be funded from account 660585591.1355.30100. Requisition
#109170 - line 2 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Pricing sheet including Best and Final Offer
Exhibit 2: Draft Public Utilities Board Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-RFP 4837
Exhibit 2
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3September 10, 2012
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7Monday, September 10, 2012 at 9:03 a.m. in the Service Center Training Room, City of Denton
8Service Center, 901-A Texas Street, Denton, Texas.
9
10Present:Chairman Dick Smith, Vice Chair Billy Cheek, Randy Robinson, Phil
11Gallivan and Leonard Herring
12
13Absent – Excused: Barbara Russell
14
15Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, City Manager
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20
212) Consider a recommendation of an approval to purchase car wash equipment and contract
22with Pro Tech Service Company LLC, Lewisville, Texas to provide vehicle wash facility
23maintenance services for a two year period with an option to renew for two additional two
24year periods. RFP #4837 is for the one time purchase and installation of the Kondor Car
25Wash System in the not to exceed amount of $86,590.04, and for the estimated annual
26services amount of $75,000, for a two year total of $150,000, to provide maintenance and
27operations services at the City of Denton’s automated truck and car wash facility.
28
A motion to approve item 2 was made by Board Member Gallivan with a second by Board
29
Member Herring. The vote was 5-0.
30
31
32Adjournment 11:03am
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE INSTALLATION OF A BELANGER CONDOR VEHICLE WASH
SYSTEM AT THE CITY OF DENTON’S VEHICLE WASH FACILITY; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP
4837-AWARDED TO PRO TECH SERVICE COMPANY, L.L.C. IN THE AMOUNT OF
$86,590.04).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the construction of public works or improvements in accordance with the procedures of State law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1
. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the “Request Proposals” on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
4837 Pro-Tech Service Company, L.L.C. $86,590.04
. By the acceptance and approval of the above numbered items of the submitted
SECTION 2
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 2. The acceptance and approval of the above competitive proposals shall not
constitute a contract between the City and the person submitting the proposal for construction of
such public works or improvements herein accepted and approved, until such person shall comply
with all requirements specified in Request for Proposal 4837 including the timely execution of a
written contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
SECTION 3
. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the proposal accepted and approved herein, provided that such contracts are made in
accordance with the Bid Proposals, and documents relating thereto specifying the terms, conditions,
plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under RFP 4837 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. Upon acceptance and approval of the above competitive proposal and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved proposal and authorized contracts executed pursuant thereto.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of, 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
4-ORD-RFP 4837
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012 Questions concerning this
acquisition may be directed to
DEPARTMENT:
Materials Management Captain Scott Fletcher 349-7939
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance approving the expenditure of funds for Red Light Citation
Verification Services for the City of Denton Automated Traffic Signal Enforcement program
available from only one source in accordance with Texas Local Government Code 252.022,
exempting such purchases from requirements of competitive bids; providing for the expenditure
of funds therefor; and providing an effective date (File 4984-Red Light Citation Collection
Contract awarded to Redflex Traffic Systems, Inc., in the five year not to exceed amount of
$150,000).
FILE INFORMATION
The City of Denton is currently under contract with Redflex Traffic Systems for the operation of
the Cgram. This contract was originally awarded
in 2005, and renewed again in 2009. This proposed contract is for the collection of outstanding
red light violation fees using the provisions outlined in Chapter 707 of the Texas Transportation
Code. These provisi
hold the registration of a vehicle that has outstanding red light camera fees. In order to utilize this
process, the City is required to process and collate appropriate data on the vehicles with
outstanding fees.
Under this contract, Redflex Traffic Systems will verify the data on any vehicle with outstanding
red light camera violations that meet the following conditions:
1)A violation fee total of $75 or more;
2)Delinquent for a period of more than 91 days; and
3)Issued to a vehicle that is currently registered in Texas
Redflex already retrieves the initial data on vehicles in order to issue the original violation
notice. It would not be cost effective to perform these same services as an internal operation.
Because of the contractual issues involved in the operation of the red light camera program, it is
not feasible for a third party to conduct this additional service. The Denton County Tax
this program.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
Informal Staff Report 2012-040 was presented to Council on April 19, 2012.
Agenda Information Sheet
September 18, 2012
Page 2
RECOMMENDATION
Award a contract for Red Light Citation Verification Services for the City of Denton Automated
Traffic Signal Enforcement program to Redflex Traffic Systems, Inc. in the five year not to
exceed amount of $150,000.
PRINCIPAL PLACE OF BUSINESS
Redflex Traffic Systems, Inc.
Phoenix, AZ
ESTIMATED SCHEDULE OF PROJECT
This is a one (1) year contract effective from the date of award or notice to proceed by the City
of Denton Police Department. The contract may be renewed for four (4) additional one-year
periods with all prices, terms, and conditions remaining the same.
FISCAL INFORMATION
As of July 1, 2012, there were 12,140 red light violations issued by the City of Denton that were
more than 90 days outstanding. The value of these outstanding violations totaled $1,152,000.50.
Of these violations, 9,995 (totaling $983,185) would be eligible for collection under the terms of
this contract. Performance of other municipalities using this provision indicates a 70% - 75%
collection rate. If this performance indicator holds, it is estimated that the City would collect
$680,000 - $730,000 of the outstanding fees.
Under the terms of the contract, the City would pay five dollars ($5.00) per violation for
violations, the financial cost for the initial filing would total $49,975. Subsequent filings would
be at a rate of $10 per violation.
The net return on the initial filing under this contract is estimated to be $630,000 - $680,000.
Under the revenue provisions for Automated Red Light Camera Enforcement in the Texas
Transportation Code, the City would split the net return with the State of Texas, yielding an
approximate $315,000 - $340,000 in revenue for the Traffic Safety Fund.
EXHIBITS
Exhibit 1: Redflex Contract Agreement
Agenda Information Sheet
September 18, 2012
Page 3
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-File 4984
Exhibit 1
ORDINANCE NO. ____________
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR RED LIGHT
CITATION VERIFICATION SERVICES FOR THE CITY OF DENTON
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT PROGRAM AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH TEXAS LOCAL
GOVERNMENT CODE 252.022, EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(FILE 4984-RED LIGHT CITATION COLLECTION CONTRACT AWARDED TO
REDFLEX TRAFFIC SYSTEMS, INC., IN THE FIVE YEAR NOT TO EXCEED
AMOUNT OF $150,000).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; and need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
hereby approved:
FILE
NUMBER VENDOR AMOUNT
4984 Redflex Traffic Systems, Inc. $150,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including,
items that are only available from one source because of patents, copyrights, secret
processes or natural monopolies; films, manuscripts or books; electricity, gas, water and
other utility purchases; captive replacement parts or components for equipment; and
library materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; and need not be submitted to competitive
bids.
SECTION 3. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 4. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly
delegates the authority to take any actions that may be required or permitted to be
performed by the City of Denton under File 4984 to the City Manager of the City of
Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the _________ day of ____________, 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ______________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-File 4984
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012 Questions concerning this
acquisition may be directed
DEPARTMENT:
Human Resources to Scott Payne at 349-7836
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a Two Year
Contract for Administrative Services Only (ASO) for Medical and Pharmacy Benefits and
Employee Assistance Program (EAP) for the City of Denton; providing for the expenditure of
funds therefor; and providing an effective date (RFP 4956-Administrative Services Only (ASO)
for Medical and Pharmacy Benefits and Employee Assistance Program (EAP) awarded to United
Healthcare Services, Inc. in the annual estimated amount of $601,779.36 for ASO and
$27,074.40 for the EAP for a total annual estimated amount of $628,853.76 and for a two year
estimated expenditure of $1,257,707.52).
RFP INFORMATION
Request for Proposal #4956 included solicitations for both administrative services only (ASO),
related to the City’s self-funded health plan, and provision of an Employee Assistance Program
(EAP) for employees of the City.
ASO
United Healthcare (UHC) has been providing plan administration for our self-funded health plan
since January 1, 2009. These administrative services include processing all medical and
pharmacy claims, provision of the medical provider and pharmacy networks, disease and case
management services, reporting and data management, and other services necessary to manage
the overall health plan. While the City and UHC have had a successful contractual relationship
since 2009, the current contract expires at the end of 2012, thus necessitating the RFP process.
The City received four (4) responses to RFP #4956 related to the ASO portion:
United Healthcare (incumbent)
Aetna
Blue Cross/Blue Shield
Cigna
The four (4) proposals were reviewed by an evaluation team comprised of benefits employees,
members of the Employee Insurance Committee (EIC), and the City’s benefits consultant,
McGriff, Seibels, & Williams (MSW), and ranked based on the following criteria:
Agenda Information Sheet
September 18, 2012
Page 2
RFP INFORMATION (CONTINUED)
50% - Cost of services, network discounts, multi-year rate guarantees, and provider disruption
20% - Ability to comply with the Scope of Services
20% - Customer service, professional competence, and references
10% - Identification and understanding of the City’s requirements and submission detail
An initial ranking of the responses was done to determine which companies would progress to
the second step of the evaluation, which involved a detail “re-pricing exercise” related to paid
health and pharmacy claims. Since all four of the responses we received were from major
healthcare companies with comparable monthly administrative costs, it was determined that all
four responders would be asked to participate in the re-pricing exercise.
The re-pricing exercise is a key factor in evaluating the overall cost of services. The monthly per
employee per month (PEPM) administrative fee only accounts for approximately 4% of the total
cost of the health plan so the vast majority of costs come from medical and pharmacy claims.
Because of this, the level of contracted discounts with the medical providers must be tested. In
order to test this, each provider was asked to “re-price” the actual medical and pharmacy claims
that the City paid between March 1, 2011, and March 1, 2012, to determine what the City would
have paid had each company’s network been in place at that time.
At the conclusion of the re-pricing exercise, the evaluation committee ranked UHC and Cigna
Healthcare as the top two finalists and proceeded to develop a questionnaire to submit to each
company requesting their Best and Final Offers (BAFO). As a result of the BAFO negotiations,
staff is recommending that the contract be awarded to UHC as the committee believes UHC
provides the best value for the City. Exhibit 1 shows the final evaluation and scoring while
Exhibit 2 illustrates the final BAFO pricing proposed by UHC and Cigna.
The UHC proposal is expected to save the City approximately 3.44% when compared with our
current costs. Additionally, UHC is providing an online open enrollment system to the City as
part of the monthly administrative fee, and a $20,000 budget to be used toward wellness
activities for City employees. By staying with UHC there will be no provider disruption, as the
provider network will be the same. The City has experienced no substantial service delivery
issues with UHC.
While the estimated savings projected by Cigna are approximately 4.9% higher than UHC, the
Cigna proposal includes a $50,000 fee to set up a data feed with our Employee Health Center,
while UHC includes that at no additional cost. Also, if the City were to move to Cigna we would
still have to continue to pay UHC to process those claims for medical services that occurred in
November and December, as well as other pending claims from earlier in the year. The
estimated additional “run-out” claims fees would be approximately $150,000. Additionally there
would be some network disruption by changing to Cigna as one major Denton medical facility is
not part of the Cigna network. And finally, under Cigna’s pharmacy network the City would
receive approximately $65,000 less in pharmaceutical rebates.
Agenda Information Sheet
September 18, 2012
Page 3
RFP INFORMATION (CONTINUED)
When these additional costs are factored in, Cigna’s total savings are only 3.5% more than the
savings under UHC. Given our favorable history with UHC and the disruption that employees
and providers experience when a large employer changes health care companies, it was
determined that it was most advantageous to remain with UHC.
EAP
The City has offered an EAP to our employees since 1999. Alliance Work Partners (AWP), and
other legally incorporated business filings of AWP, has served as the City’s EAP provider since
1999. Much like the City’s relationship with UHC, our contract with AWP expires on December
31, 2012.
The City’s EAP provides up to six face-to-face counseling sessions, at no cost, to employees and
their dependents. These sessions can address issues affecting the whole person, including mental
health, family issues, work issues, stress, substance abuse, financial, legal, and health concerns.
The EAP also provides many services to the City as an employer. Licensed consultants provide
assistance for supervisors and managers who are working with employee issues in the workplace.
Additionally, each year the City receives designated hours of on-site training that can be
provided to employees on a variety of topics. The EAP also provides unlimited critical incidence
response services, in the case of traumatic or catastrophic events (workplace violence, major
weather event, etc.).
The City received six (6) responses to RFP #4956 related to the EAP portion:
Alliance Work Partners (incumbent)
Deer Oaks
Aetna
Blue Cross/Blue Shield
Cigna
United Healthcare
The same review committee and evaluation criteria that were used for the health plan RFP
responses were also utilized for the EAP responses. The evaluation committee ranked AWP and
UHC as the top two finalists and proceeded to develop a questionnaire to submit to each
company requesting their BAFO. As a result of the BAFO negotiations, staff is recommending
that the contract be awarded to UHC as the committee believes UHC provides the best value for
the City. Exhibit 3 shows the final evaluation and scoring while Exhibit 4 illustrates the final
BAFO pricing proposed by AWP and UHC.
Agenda Information Sheet
September 18, 2012
Page 4
RFP INFORMATION (CONTINUED)
While moving to UHC will only save approximately $1,300 annually (5%), it is the coordination
of care within the UHC network that provides the biggest advantage. Currently very few of the
providers utilized by AWP are also part of UHC’s provider network under the health plan. As
mentioned above, the EAP offers our employees up to six face-to-face counseling sessions. If
the employee does not get resolution within those six visits, then the employee essentially has
two options:
1.Continue to see the current AWP provider. In most cases, since those providers are
not part of the UHC medical network, the employee would have to pay a higher cost
for seeing an “out-of-network” provider; or
2.Change to an in-network provider. This is not an ideal situation as the employee is
forced to establish a new relationship with a new provider.
Under UHC’s program all EAP providers are also part of the medical provider network so that
continuity of care is assured. UHC will also provide annual on-site training hours, management
consultation on policies and procedures, monitoring of mandatory referrals, educational
materials, online resources, and CIRS. UHC has guaranteed the per employee per month rate of
$1.45 for three (3) years.
RECOMMENDATION
Staff recommends awarding a two-year initial contract to United Healthcare for both the ASO
and EAP services.
PRINCIPAL PLACE OF BUSINESS
United Healthcare’s headquarters is in Minnetonka, Minnesota. However, the City’s account
will be managed out of the Plano, Texas office.
ESTIMATED SCHEDULE OF PROJECT
The services provided in relation to this RFP will begin January 1, 2013.
FISCAL INFORMATION
The medical claim costs are paid out of 850500.6706.0001 and pharmacy claim costs are paid
out of 850500.6706.0002. The monthly administrative costs related to the health plan are paid
out of 850500.6705.0001. The costs related to the EAP are paid out of 860002.7770.
Agenda Information Sheet
September 18, 2012
Page 5
EXHIBITS
Exhibit 1: Health ASO Evaluation/Scoring
Exhibit 2: Health ASO Best and Final Offer Pricing
Exhibit 3: EAP Evaluation/Scoring
Exhibit 4: EAP Best and Final Offer Pricing
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-RFP 4956
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A TWO
YEAR CONTRACT FOR ADMINISTRATIVE SERVICES ONLY (ASO) FOR MEDICAL AND
PHARMACY BENEFITS AND EMPLOYEE ASSISTANCE PROGRAM (EAP) FOR THE CITY
OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFP 4956-ADMINISTRATIVE SERVICES ONLY (ASO)
FOR MEDICAL AND PHARMACY BENEFITS AND EMPLOYEE ASSISTANCE PROGRAM
AWARDED TO UNITED HEALTHCARE SERVICES, INC. IN THE ANNUAL ESTIMATED
AMOUNT OF $601,779.36 FOR ASO AND $27,074.40 FOR THE EAP FOR A TOTAL ANNUAL
ESTIMATED AMOUNT OF $628,853.76 AND FOR A TWO YEAR ESTIMATED
EXPENDITURE OF $1,257,707.52).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of Insurance Consultant Services in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the “Request Proposals” on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
4956 United Healthcare Services, Inc. $1,257,707.52
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under RFP 4956 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of, 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:____________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
6-ORD-RFP 4956
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Denton Municipal Electric (DME)
ACM:
Howard Martin, 349-8232
________________________________________________________________________
SUBJECT:
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing
the City Manager to execute a license agreement by and between the City of Denton, Texas, as
Licensee and Electric Transportation Engineering Corporation d/b/a ECOtality North America, a
corporation, as licensor, for electric vehicle supply equipment and software for the ECOtality
project for electric vehicle fueling stations; approving the expenditure of funds therefor; and
providing an effective date.
BACKGROUND:
DME is proposing to install up to 10 Level 2 EV, which can fully charge an electric vehicle in
about three hours, at public facilities in Denton. If approved, DME plans to collaborate with the
Environmental Services and Sustainability Department to utilize the existing internal
sustainability committee, previously assembled to create the City of Denton Sustainability Plan,
to identify the appropriate City facilities to locate the EV. The anticipated total cost to DME is
estimated less than $30,000 depending upon any additional utility or site work that must be
performed for installation. Other municipalities that have already deployed EV through the
Project include Garland, Cedar Hill, Fairview, and Houston. Other entities in Denton that have
either installed or will be installing EV through the Project include Cupboard Natural Foods,
University of North Texas, and the Hickory Creek Plaza.
RECOMMENDATION:
Staff recommends that the City Council should approve this license agreement and move
forward with site selection for the EV.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
A briefing was previously provided to the Public Utilities Board on August 27, 2012. The Public
Utilities Board suggested that DME move forward with the Project to the City Council for a final
determination.
FISCAL INFORMATION:
Funds for the deployment of the Project in Denton will come from the existing monies from the
DME budget.
EXHIBITS:
1. Ordinance
2. Electric Vehicle License Agreement
3. A Power Point Presentation will be provided during the City Council meeting
1
Respectfully submitted,
Phil Williams
General Manager
Denton Municipal Electric
Prepared by:
Lisa A. Lemons
Key Accounts, Energy Efficiency,
& Sustainability Manager
Denton Municipal Electric
2
EXHIBIT1
ORDINANCE NO. 2012- _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BY
AND BETWEEN THE CITY OF DENTON, TEXAS, AS LICENSEE AND ELECTRIC
TRANSPORTATION ENGINEERING CORPORATION D/B/A ECOTALITY NORTH
AMERICA, A CORPORATION, AS LICENSOR, FOR ELECTRIC VEHICLE SUPPLY
EQUIPMENT AND SOFTWARE FOR THE ECOTALITY PROJECT FOR ELECTRIC
VEHICLE FUELING STATIONS; APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States Department of Energy (“DOE”) has provided funding
through the American Recovery and Reinvestment Act (“ARRA”) in order to accelerate the
development and production of electric vehicles (“EV’s”) in order to reduce petroleum
consumption in the United States; and
WHEREAS, the use and expansion of the EV market will require access to sufficient
publicly available Electric Vehicle Supply Equipment and Software (“EVSE”) stations that will
provide for convenient re-charging in locations that are remote from the driver’s homes; and
WHEREAS, to encourage the development and of EV’s, the DOE is supporting the
development of a large publicly available EV charging infrastructure in several cities across the
United States, through a program known as the “EV Project,” which will provide EVSE units at
publicly available locations in the United States; and
WHEREAS, pursuant to the “EV Project,” the Licensee has received a grant from DOE
(the “DOE Grant”) to install EVSE’s, and to collect data relating to public use of the EVSE’s.
The data collected from publicly available EVSE and EV Project participants will be analyzed to
determine vehicle use and charging patterns in a variety of topographical and climate conditions,
evaluate the effectiveness of the charge infrastructure deployed under the EV Project, and to
support expansion of the EV infrastructure in other regions; and
WHEREAS, Licensor has a long-standing commitment to resource conservation and has
been an active participant in the deployment of renewable energy, energy conservation, energy
efficiency, and environmental preservation and is committed to protecting the environment and
providing a sustainable future for its residents; and
WHEREAS, Licensor is interested in the outcome of the studies and other efforts being
undertaken by Licensee as part of the DOE Grant, including the extent to which EVSE’s on the
Licensed Premises would affect energy use by Licensor and the use of EV’s by members of the
public; and
WHEREAS, Licensee desires to obtain from Licensor certain rights over Licensor’s
property for the purpose of installing, maintaining, operating and removing the EVSE, to
facilitate Licensee’s implementation of the DOE Grant; and
WHEREAS, Licensee is the owner of certain real estate properties, specific portions of
which will be licensed to Licensee under the License Agreement, which real properties will be
subject to the terms of a revocable, non-exclusive, non-possessory right to use; and
WHEREAS, the Council finds that a public purpose is served by entering into this
License Agreement and that the same is in the best interests of its citizens; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations in the preamble are true and correct and are incorporated
herewith as part of this Ordinance.
SECTION 2
. The City Manager is hereby authorized to execute a License Agreement by
and between the City of Denton, Texas and Electric Transportation Engineering Corporation, an
Arizona Corporation for the ECOtality Project for Electric Vehicle Fueling Stations, which
Agreement is attached hereto and incorporated herein by reference.
SECTION 3. The City Manager, or his designee, is authorized to make the expenditures
as outlined in the attached Agreement and to exercise all rights and duties of the City of Denton,
Texas under the Agreement.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _________ day of ___________________, 2012.
__________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: __________________________________
2
EXHIBIT2
THE EV PROJECT
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (this “Agreement”) is made effective as of September ______, 2012, between City of
Denton, a Texas municipal corporation (the “Licensor”), and Electric Transportation Engineering Corporation, dba
ECOtality North America, an Arizona corporation, and its successors and assigns (“Licensee”) (collectively the “Parties”).
RECITALS:
A.The Licensor is the fee owner of certain real properties more particularly described on the attached Exhibit
A (collectively “Licensor’s Properties”), specific portions of which will be licensed to Licensee pursuant
to this Agreement which licensed portions are described and depicted on the attached Exhibit B
(collectively the “Licensed Premises”).
B.Licensee is the owner of the Electric Vehicle Supply Equipment and Software (collectively the “EVSE”).
C.The United States Department of Energy (“DOE”) has provided funding through the American Recovery
and Reinvestment Act (“ARRA”) to accelerate the development and production of electric vehicles
(“EVs”) in order to reduce petroleum consumption in the United States.
D.The use and expansion of the EV market will require access to sufficient publicly available EVSE stations
that will provide for convenient re-charging of EVs in locations remote from the drivers’ homes.
E.To encourage the development and use of EVs, the DOE is supporting the development of a large publicly
available EV charging infrastructure in several cities in the United States, through a program known as the
“EV Project”, which will provide EVSE units at publicly available locations in the United States.
F.Pursuant to the EV Project, Licensee has received a grant from DOE (the “DOE Grant”) to install EVSEs
and to collect data relating to public use of the EVSEs. The data collected from publicly available EVSE
and EV Project participants will be analyzed to determine vehicle use and charging patterns in a variety of
topographies and climate conditions, evaluate the effectiveness of the charge infrastructure deployed under
the EV Project, and to support the future deployment of EV infrastructure in other regions.
G.Licensor has a long-standing commitment to resource conservation and been an active participant in the
deployment of renewable energy, energy conservation, energy efficiency, and environmental preservation
and is committed to protecting the environment and providing a sustainable future for its residents.
H.Licensor is interested in the outcome of the studies and other efforts being undertaken by Licensee as part
of the DOE Grant, including the extent to which EVSEs on the Licensed Premises would affect energy use
by Licensor and the use of EVs by members of the public.
I.Licensee desires to obtain from Licensor certain rights over, under, and across Licensor’s Property for the
purpose of installing, maintaining, operating, and removing the EVSE to facilitate Licensee’s
implementation of the DOE Grant.
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
1.The License. Licensor hereby grants to Licensee a revocable license to use and occupy the Licensed
Premises (the “License”), on the terms and conditions stated in this Agreement, to install, maintain, and
operate the EVSE for the purpose of implementing the DOE Grant.
1.1.Limited, Nonexclusive Rights. This License is a revocable, nonexclusive, and non-possessory
authorization for Licensee to enter upon and use the Licensed Premises solely for the purposes
described in § 1.3 on the terms and conditions stated herein. Licensee may not use the Licensed
Premises for any other purpose or in any other manner without Licensor’s prior written consent.
This License in no way restricts Licensor’s use or conveyance of the Licensed Premises, any
interest therein, or any improvements thereon, or Licensor’s use of the Licensed Premises in any
manner consistent with the License. This License is not intended to create or convey to Licensee
an interest in real property, and may not be recorded without Licensor’s prior written permission.
1.2.Rights of Others. Nothing in this License may be construed as Licensor’s representation,
warranty, approval, liability, or consent regarding rights in the Licensed Premises held by other
parties, and Licensee is responsible for ascertaining the rights of all third parties in the Licensed
Premises and obtaining their consent to the activities described in this License as necessary or
appropriate. Licensee agrees to obtain, at its sole expense, such other licenses, permits,
consents, and agreements as may be required to address the rights of others by other appropriate
agreements, easements, privileges, or other rights, whether recorded or unrecorded, and shall
make its own arrangements with holders of such prior rights.
1.3.Scope of License; Permitted Uses. During the term of this Agreement, Licensee shall have
reasonable access to the Licensed Premises for the limited purpose of installing, maintaining,
using, operating, repairing, and removing the EVSE. Licensee may not use the EVSE located on
the Licensed Premises for any purpose other than to provide for EV charging and to collect data
relating to the use of the EVSE.
1.4.Condition of Premises. Licensee agrees to accept the Licensed Premises “As Is” without
warranty of any kind, express, or implied. Licensee acknowledges that Licensor is not obligated
to construct or install any improvements or facilities of any kind on the Licensed Premises.
Licensee must use commercially reasonable efforts to maintain the Licensed Premises and any
EVSE installed on the Licensed Premises in a condition satisfactory to the Licensor including
the removal from the EVSE and from any areas within a 12-foot radius of the EVSE that pose
unsightly, dangerous, or offensive conditions or that cause or permit any generation of hazardous
waste. During the term of this Agreement, Licensor will cooperate with Licensee to implement
appropriate, mutually agreed upon procedures to assure that the Licensed Premises are
maintained in a condition that is satisfactory to both Licensor and Licensee.
1.5.Condition of Licensee’s EVSE. During the term of this Agreement, Licensee must maintain the
EVSE in a reasonable, safe, and operable condition at all times when the EVSE is installed on
Licensor’s Property. Licensor will have no right or responsibility to repair, maintain, or operate
the EVSE. Licensor will cooperate with Licensee to implement appropriate, mutually agreed
upon measures so that Licensee can ensure that the EVSE is maintained in operable condition
and that if the EVSE is damaged or becomes inoperable, that Licensee is promptly notified.
Licensee will repair or replace, at Licensee’s option and at Licensee’s sole expense, the EVSE or
parts or components thereof as Licensee deems necessary and appropriate. Licensee will not be
responsible for the condition of the EVSE after the expiration or termination of this Agreement.
1.6.Environmental Hazards. Licensee agrees not to use or store, or permit to be used stored, on the
Licensed Premises, gasoline or petroleum products, hazardous or toxic substances or
inflammable materials, herbicides, pesticides, fungicides, algaecides. Licensee may not engage
in the production, location, transportation, storage, treatment, discharge, disposal, or release
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
upon or under the Licensed Premises of any substance regulated under any local, state, or federal
environmental protection law or regulation.
1.7.Waste, Nuisance. Licensee shall not commit or suffer to be committed any waste or impairment
of the Licensed Premises and covenants that it shall not do, nor permit to be done, on or about
the Licensor’s Properties any acts which may be a nuisance.
1.8.Compliance with Laws. In the exercise of any privilege granted by this License, Licensee must
comply with all applicable State, municipal and local laws, and the rules, orders, regulations, and
other legal requirements, including laws and regulations relating to occupational safety and
health and environmental protection, and all orders, writs, judgments, injunctions, decrees, or
awards of any court or governmental authority with jurisdiction over Licensee or the Licensed
Premises. Licensee must obtain promptly and maintain in effect throughout the term of the
License all licenses, permits, authorizations, registrations, rights, and franchises necessary to
conduct the actions required or permitted by the License. Furthermore, Licensee will not
encourage or permit any use in or upon the Licensed Premises, or any part thereof, in violation
of any applicable laws, statutes, rules, or regulations of any federal, state, or local authority.
1.9.Compliance with Licensor Requirements. Any use made of the Licensed Premises pursuant to
this License, and any construction, maintenance, repair, or other work performed thereon by the
Licensee, including the installation and removal of any article or thing, shall be accomplished in
a manner that is safe and satisfactory to the Licensor.
1.10.Structures. Licensee may not place or construct upon, over or under the Licensed Premises any
installation or structure of any kind or character, except such as are specifically authorized
herein or in writing signed by Licensor.
1.11.Alterations;Damage; Restoration. No alterations may be made by Licensee to the Licensed
Premises without first obtaining the prior written consent of Licensor and, if applicable, any
other person or entity having an interest in or right to use or occupy the Licensed Premises.
Licensee will bear the costs and expenses, up to a maximum of $2,250 per pedestal EVSE or
$1,500 per wall mount EVSE, associated with performing any such alterations, including,
without limitation, costs of construction and any increased operating costs resulting from such
alterations. Except as may be otherwise provided in this Agreement, Licensee may not alter,
destroy, displace, or damage any of Licensed Premises or any neighboring property in the
exercise of the privileges granted by this Agreement without the prior written consent of
Licensor and any other affected landowner, and the express agreement of Licensee promptly to
replace, return, repair and restore any such property to a condition satisfactory to Licensor and
any other affected landowner upon demand, and at Licensee’s sole cost and expense.
1.12.Operation and use of EVSE. Licensee must confine activities on the Licensed Premises strictly
to those necessary for the enjoyment of the privilege hereby licensed, and must refrain from
marring or impairing the appearance of the Licensed Premises, obstructing access thereto,
interfering with the transaction of Licensor’s business and the convenience of the public, or
jeopardizing the safety of persons or property, or causing justifiable public criticism.
1.13.Equipment/AccessRevenue. Licensor acknowledges that Licensee is providing the initial EVSE
to the site as part of a no-cost pilot program and Licensee ultimately intends to collect revenues
from the EVSE.
1.14.Expense. Except as provided in § 1.11, any cost, expense, or liability connected with or in any
manner incident to the granting, exercise, enjoyment, or relinquishment of this License will be
assumed and paid or discharged by the Licensee. Such costs shall include, but shall not be
limited to, costs to install or remove the EVSE, costs to install electricity or other power supplies
to serve and operate the EVSE, and costs to keep the EVSE free of graffiti and debris and
maintain the EVSE in good working order.
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
1.15.Assignment. Licensee may not assign this License nor sub-license all or any portion of the
Licensee’s right to use and occupy the Licensed Premises, and any purported assignment or sub-
license by Licensee is void. This License does not confer on or convey to Licensee any
possessory interest in the Licensed Premises, any right to exclusive possession or occupancy of
the Licensed Premises, or any right of quiet enjoyment. The privileges granted to Licensee by
this Agreement are personal to Licensee and may not be assigned or transferred to any other
person, firm, corporation, or other entity without the prior, express, and written consent of
Licensor.
1.16.Responsibility for Others. Licensee will be responsible and shall indemnify the City of Denton
and DME for the conduct and discipline of its employees, contractors, subcontractors, invitees,
licensees, and other persons entering upon or using the Licensed Premises pursuant to this
Agreement.
1.17.Subordination. This Agreement and the License granted herein is subject and subordinate to the
terms of all ground leases, superior leases, mortgages, deeds of trust, other security instruments,
and any other prior rights and matters of record now or hereafter affecting Licensor's interest in
Licensed Premises.
2.Term of License. The License and rights granted by this Agreement will become effective as of August
30, 2012 (the “Commencement Date”) and unless otherwise agreed in a writing signed by both Parties will
automatically expire and terminate on December 31, 2013 (“Expiration Date”).
3.Consideration for License. As consideration for the License and the use of electricity used for the
charging of EVs using EVSEs located on the Licensed Premises, Licensee agrees to pay the sum of $1.00
upon execution of this Agreement. In addition, Licensee will provide Licensor reports and other
information relating to the License and the use of the EVSEs, including data collected from or relating to
the use of EVSE’s on the Licensed Premises, provided, however, that Licensee will not be required to and
will not provide to Licensor any information that is proprietary or confidential.
4.Surrender;Removal of the EVSE. On the expiration or any earlier termination of this Agreement,
Licensee shall vacate the Licensed Premises and surrender possession of the Licensed Properties to
Licensor.
4.1 Licensor’s Option to Retain the EVSE upon Expiration of the Term. Upon the expiration of the
Term, Licensor, in its sole and absolute discretion, may elect to retain the EVSE. Licensor shall
notify Licensee in writing delivered to Licensee not less than thirty (30) days prior to the
expiration of this Agreement, whether Licensor desires to retain the EVSE on some or all of the
Licensed Premises. If Licensor fails to deliver such written notice within such thirty (30) day
period, Licensor will be deemed to have not elected to retain the EVSE at the Licensed Premises.
If Licensor elects to retain the EVSE installed at some or all of the Licensed Premises, Licensor
shall become entitled to acquire from Licensee all rights, title, and interest in and to such EVSE
at no additional cost, and Licensee agrees to execute and deliver to Licensor such documents as
Licensor may reasonably request to evidence the transfer of title.
4.2. Removal of the EVSE by Licensee upon Expiration of the Term. If Licensor elects not to retain
the EVSE at the Properties, Licensee shall remove (at Licensee’s sole cost and expense) any or
all of the EVSE, and must restore the Licensed Premises to a safe and reasonable condition, as
more specifically described in § 4.4 hereof. Should the Licensor elect to continue Ecotality’s
Blink Network and EVSE support, following the Term or earlier termination thereof, such
additional services shall be subject to a new written agreement to be entered into between the
Parties.
4.3. Removal of the EVSE by Licensor. If Licensor timely notifies Licensee of Licensor’s election to
have Licensee remove the EVSE from the Licensed Premises, Licensee will promptly remove
the EVSE and restore the condition of Licensed Premises as provided in § 4.4.
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
4.4. Restoration. Upon expiration or termination of the License and removal of the EVSE Licensee
will, at Licensee’s sole expense and to Licensor’s satisfaction, restore the affected portions of the
Licensed Premises (surface and subsurface) to a safe condition, with the electricity to the
Charger installation locations capped, the breakers turned off, and the Charger anchor/mounting
bolts cut flush/removed.
5.Termination.
5.1.Without Cause. This Agreement may be terminated by Licensee in writing to the Licensor,
without cause, at any time and for any reason, including the termination of the EV Project or a
reduction in EV Project funding, whereupon the Parties shall be fully released from their
respective duties, rights, obligations and liabilities under this Agreement except as provided
below.Upon such termination of this Agreement without cause, as its sole and exclusive
remedy, Licensee shall remove (at its sole cost and expense) any or all of the EVSE installed at
the Location and terminate services to Licensor. In the event that Licensee does not remove the
EVSE within thirty (30) days following such termination, the EVSE shall be deemed abandoned
by Licensee and Licensor shall possess all rights, title, and interest in and to the same.
5.2.With Cause. This Agreement may be terminated in writing by either party for cause if either
party violates any term of this Agreement and fails to cure the same within thirty (30) days of
receiving written notice of such default. Upon such termination of this Agreement for cause, as
its sole and exclusive remedy, Licensee shall disable or remove (at its sole cost and expense) any
or all of the EVSE installed at the Location and terminate services to Licensor. In the event that
Licensee does not elect to remove the EVSE within thirty (30) days following such termination,
the EVSE shall be deemed abandoned by Licensee and Licensor shall possess all rights, title and
interest in and to the same.
6.Use of the EVSE by Licensor.
6.1.Software License. During the term of this Agreement, Licensee grants to the Licensor a non-
exclusive and non-transferable license to use Licensee’s software in the form in which it is
embedded in the EVSE on the delivery date for use in conjunction with other parts of the EVSE
on the condition that the EVSE shall be used for its intended purpose only. Nothing contained in
this Section shall be construed as an assignment or transfer of any copyright, design right or
other intellectual property rights in such software, all of which rights are owned by the Licensee.
6.2.Limitation of Licensee’s Liability. Licensee represents that the products provided by Licensee
will be free from infringement or violation of any rights including intellectual property rights of
third parties.
6.3.Licensee agrees that it shall indemnify and hold Licensor harmless from any loss or liability that
may arise from any litigation relating to infringement, pertaining to the property being furnished
by Licensee to Licensor that is the subject of this Agreement.
7.Indemnification. Licensee shall indemnify, defend, save and hold harmless the Licensor and its officers,
officials, agents, and employees from and against any and all claims, actions, liabilities, damages, losses,
or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and
litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by
the negligent or willful acts or omissions of Licensee or any of its owners, officers, directors, agents,
employees or contractors, arising out of or related to Licensee’s occupancy and use of the Licensed
Premises. It is the specific intention of the Parties that the Licensor shall, in all instances, except for
Claims arising solely from the negligent or willful acts or omissions of the Licensor, be indemnified by
Licensee from and against any and all claims. It is agreed that Licensee will be responsible for primary
loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration
for the use and occupancy of the Licensed Premises, the Licensee agrees to waive all rights of subrogation
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
against the Licensor, its officers, officials, agents, and employees for losses arising from the use,
occupancy, or condition of the Licensed Premises.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY CLAIMS FOR DAMAGES
BY EITHER PARTY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL
BE LIMITED TO ACTUAL RECOVERIES UNDER SUCH PARTY’S INSURANCE POLICIES.
8.InsuranceRequirements. Licensee shall procure and maintain for the duration of the License, insurance
against claims for injury to persons or damage to property that may arise from or in connection with the
License. The insurance requirements herein are minimum requirements for the License and in no way
limit, the indemnity covenants contained in this Agreement. Licensee in no way warrants that the
minimum limits contained herein are sufficient to protect the Licensor from liabilities that might arise out
of the License. Licensor is free to purchase such additional insurance as Licensee determines necessary.
8.1.Minimum Scope and Limits of Insurance: Licensee shall provide coverage with limits of
liability not less than those stated below. An excess liability policy or umbrella liability policy
may be used to meet the minimum liability requirements provided the coverage is written on a
“following form” basis.
1.Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, and broad form contractual liability
coverage
General Aggregate $2,000,000
Products – Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,00
Fire Damage (Damage to Rented Premises) $100,000
The policy shall be endorsed to include the following additional insured language: "The
Licensor shall be named as an additional insured with respect to liability arising out of the use
and/or occupancy of the property subject to this License".
8.1.2. Additional Insurance Requirements. The policies shall include, or be endorsed to
include, the following provisions:
a.On insurance policies where the Licensor is named as an additional insured, the
Licensor shall be an additional insured to the full limits of liability purchased by
the Licensee even if those limits of liability are in excess of those required by this
Agreement.
b.The Licensee's insurance coverage shall be primary insurance and non-contributory
with respect to all other available sources.
8.1.3. Notice of Cancellation. For each insurance policy required by the insurance provisions
of this Agreement, the Licensee must provide to the Licensor, within two (2) business
days of receipt, a notice if a policy is suspended, voided, or cancelled for any reason.
8.1.4. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or
authorized to do business in the state and with an “A.M. Best” rating of not less than
A+ VI. The Licensor in no way warrants that the above-required minimum insurer
rating is sufficient to protect the Licensee from potential insurer insolvency.
8.1.5 Verification of Coverage. Licensee shall furnish the Licensor with certificates of
insurance (ACORD form or equivalent approved by the Licensor) as required by this
Agreement. The certificates for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf.
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
All certificates and any required endorsements are to be received and approved by the
Licensor before the License commences. Each insurance policy required by this Lease
must be in effect at or prior to commencement of this License and remain in effect for
the duration of the License. Failure to maintain the insurance policies as required by
this License or to provide evidence of renewal is a material breach of contract.
9.Notices. All notices or other communications required or permitted to be provided pursuant to this License
must be in writing and may be hand delivered, sent by United States Mail, postage prepaid, delivered by a
nationally recognized courier service, or via e-mail with return receipt requested. Any notice will be
deemed to have been given when delivered if hand delivered, when received if sent by courier, seventy-
two (72) hours following deposit in the United States Mail, or via e-mail. Notices shall be addressed as
follows:
To Licensee:
Company:
City of Denton
Attn:
George C. Campbell
Title:
City Manager
Address:
215 E. McKinney
City, State, Zip:
Denton, TX 76201
Fax Number:
(940) 349-8596
To Licensor:
Electric Transportation Engineering
Corporation dba ECOtality North America
Attn: Legal Department
nd
Address 430 S. 2 Avenue
City, State, Zip: Phoenix, AZ 85003-2418
Fax Number: 602-443-9007
10.Interpretation. The headings contained in this Agreement are for reference purposes only and shall not
affect in any way the meaning or interpretation of this Agreement. When a reference is made in this
Agreement to a Section, such reference shall be to a Section of this Agreement unless otherwise indicated.
11.Entire Agreement. This Agreement and the exhibits and schedules referenced or attached hereto constitute
the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all
prior agreements, understandings and negotiations, both written and oral, between the Parties with respect
to the subject matter hereof. This Agreement is not intended to confer upon any Person other than the
Parties hereto any rights or remedies hereunder.
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
Severability. If any terms or other provision of this Agreement or the schedules or exhibits hereto shall be
determined by a court, administrative agency or arbitrator to be invalid, illegal, or unenforceable, such
invalidity or unenforceability shall not render the entire Agreement invalid. Rather, this Agreement shall
be construed as if not containing the particular invalid, illegal, or unenforceable provision, and all other
provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or
legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to
either Party. Upon such determination that any term or other provision is invalid, illegal or unenforceable,
the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the
Parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby
are fulfilled to the fullest extent permitted under applicable law.
12.Information. Subject to applicable law and privileges, each Party hereto covenants with and agrees to
provide to the other Party all information regarding itself and transactions under this Agreement that the
other Party reasonably believes is required to comply with all applicable federal, state, county and local
laws, ordinances, regulations and codes.
13.Further Agreements. The Parties shall execute or cause their applicable affiliates to execute such
additional agreements between the Parties and/or their respective affiliates as may be reasonably necessary
to effectuate the intent of this Agreement.
14.Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and
their respective legal representatives and successors, and nothing in this Agreement, express or implied, is
intended to confer upon any other Person any rights or remedies of any nature whatsoever under or by
reason of this Agreement. This Agreement may be amended at any time by mutual consent of Licensor
and Licensee, evidenced by an instrument in writing signed on behalf of each of the Parties.
15.Amendment and Modification. This Agreement may be amended, modified, or supplemented only by a
written agreement signed by all of the Parties hereto.
16.Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of either Party
hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or
acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or
partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights
and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies
otherwise available.
17.Authority. Each of the Parties represent to the other Party that (a) it has the corporate or other requisite
power and authority to execute, deliver and perform this Agreement, (b) the execution, delivery and
performance of this Agreement by it have been duly authorized by all necessary corporate or other actions,
(c) it has duly and validly executed and delivered this Agreement and (d) this Agreement is its legal, valid
and binding obligation, enforceable against it in accordance with its terms, subject to applicable
bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights
generally and general equity principles.
18.Third Party Beneficiaries. None of the provisions of this Agreement shall be for the benefit of or
enforceable by any third party, including any creditor of any Person. No such third party shall obtain any
right under any provision of this Agreement or shall by reasons of any such provision make any claim in
respect of any liability (or otherwise) against either Party hereto. Notwithstanding the foregoing, it is
understood that the Licensee's rights hereunder shall inure to the benefit of Licensee's affiliates and their
officers, directors and employees.
19.Default; Remedies. The actual or prospective failure of either party to satisfy any material obligation
under this Agreement, and the breach of any material representation or warranty stated in this agreement,
will be an event of default. If a party’s default continues without cure for thirty (30) days after delivery of
a written notice of default in the manner provided in Section 9, the other party will be entitled to terminate
this Agreement for cause, and to all other remedies available at law or in equity, including damages and
specific performance. The rights and remedies set forth in this agreement are not intended to be
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
exhaustive and the exercise by either party of any right or remedy does not preclude the exercise of any
other rights or remedies that may now or subsequently exist in law or equity or by statute or otherwise.
Failure or delay by the Licensor to exercise any right, power, or privilege will not be deemed a waiver
thereof.
20.Attorney’s Fees. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in
connection with any controversy arising out of this Agreement or to interpret or enforce any rights under
this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses
incurred.
21.Confidentiality and Data Security. Personal identifying information, financial account information, or
restricted Licensor information, whether electronic format or hard copy, must be secured and protected at
all times to avoid unauthorized access. At a minimum, Licensee must encrypt and/or password-protect
electronic files. This includes data saved to laptop computers, computerized devices, or removable storage
devices.
When personal identifying information, financial account information, or restricted Licensor information,
regardless of its format, is no longer necessary, the information must be redacted or destroyed through
appropriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed.
In the event that data collected or obtained by the Licensee in connection with this Agreement is believed
to have been compromised, Licensee shall notify the Licensor immediately. Licensee agrees to reimburse
the Licensor for any costs incurred by the Licensor to investigate potential breaches of this data and, where
applicable, the cost of notifying individuals who may be impacted by the breach.
Licensee agrees that the requirements of this Section shall be incorporated into all
subcontractor/subconsultant agreements entered into by the Licensee. It is further agreed that a violation
of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A
violation of this Section may result in immediate termination of this Agreement without notice.
The obligations of Licensee under this Section shall survive the termination of this Agreement.
22.Data Collection for DOE Grant Purposes. During the Term of this Agreement, Licensor will allow
Licensee reasonable access to the EVSE, the Licensed Premises, and existing sources of electrical energy
as reasonably necessary to enable Licensee to collect and transmit data regarding public use of the EVSE
as may be required by the DOE Grant, except in the event of a power outage.
23.Miscellaneous. Time is of the essence with respect to the performance of every provision of this
Agreement in which time of performance is a factor. Except as expressly provided herein to the contrary,
when a Party is required to do something by this Agreement, it shall do so at its sole cost and expense
without right of reimbursement from the other Party. Whenever one Party's consent or approval is
required to be given as a condition to the other Party's right to take any action pursuant to this Agreement,
unless another standard is expressly set forth, such consent or approval shall not be unreasonably withheld,
conditioned, or delayed.
24.Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed
an original and all of which, when taken together, shall constitute one and the same agreement.
25.Governing Law. This Agreement was executed in the State of Texas and must in all respects be governed
by, interpreted, construed, and shall be exclusively enforced in accordance with the laws of the State of
Texas.
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
IN AGREEMENT, each of the Parties hereto has caused this Agreement to be duly executed as of the day and year first set
forth above.
LICENSOR: LICENSEE:
City of Denton, Texas, a municipal corporationElectric Transportation Engineering Corporation
dba ECOtality North America
By: By:
Name: George Campbell Name: Dave Aasheim
Title: City Manager Title: Area Manager- Texas
Date: Date:
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
EXHIBIT A: Description of Licensors Properties
NOTE: This Exhibit A may be amended from time to time to add or delete properties
Location No.
Property Address Assessors Parcel No.
New Denton Animal Shelter Construction Begins in September 2012
North Branch Library 3020 N. Locust Street
South Branch Library 3228 Teasley Lane
Emily Fowler Library 502 Oakland Street
DME Complex 1659 Spencer Road
Civic Center 321 East McKinney Street
Wiggly Field Dog Park 1760 East Ryan Road
North Lakes Park 2001 West Windsor Drive
DCTA Medpark Station 3220 Medpark Drive
South Lakes Park 556 Hobson Lane
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
EXHIBIT B: Description and/or Depiction of Licensed Premises
Location No. 1
[Insert metes and bounds or other narrative description, size, etc.]
See diagram attached as Exhibit B-1
Location No. 2
[Insert metes and bounds or other narrative description, size, etc.]
See diagram attached as Exhibit B-1
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
EXHIBIT C: Description of the EVSE and Software to be Installed on the Licensed Premises
This document and any attachments thereto may contain information that is confidential, commercially-sensitive,
proprietary, and/or public power utility competitive and financial information in accordance with the provisions of
Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public
disclosure.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance approving the “National Highway System (NHS) Program
Project Agreement for State-Contracted Traffic Signal Construction (With Municipality
Providing Limited Materials or Labor)” regarding the City’s participation in the procurement and
installation of traffic signals on roadways within the city limits of the City of Denton, Texas by
and between the City of Denton, Texas and the State of Texas, acting by and through its agency,
the Texas Department of Transportation; providing the City Manager with authority to carry out
the rights and duties of the City regarding said agreement; and providing an effective date.
BACKGROUND
On July 10, 2012, the Texas Department of Transportation (TxDOT) received bids for the
widening of 4.76 miles of U.S. Highway 380 from IH35 west to approximately 0.4 miles west of
FM 156. The low bid from Texas Sterling Construction Company was $39,346,679.00, which
was approximately 6% under the opinion of probable cost for the project.
Part of the project involves the installation of traffic signals at the intersections of U.S. Hwy. 380
with IH35 and Masch Branch Road. The cost of the design and construction of these signals is
included in the TxDOT project. However, the City of Denton uses a specific manufacturer’s
equipment for traffic signal control cabinets, advanced radar detection and video cameras at
traffic signals within the city limits for uniformity of software, parts and maintenance. For this
reason, the City will supply the desired equipment for installation by the State (listed in
Attachment F of the agreement) at these two intersections. The attached agreement provides for
the City to be reimbursed for these materials in the total projected amount of $102,210.60.
After approval at City Council and execution, the NHS Program Project Agreement will be
routed to TxDOT for further execution.
OPTIONS
1.Approve the National Highway System (NHS) Program Project Agreement for State-
Contracted Traffic Signal Construction (With Municipality Providing Limited Materials or
Labor).
2.Reject the National Highway System (NHS) Program Project Agreement for State-
Contracted Traffic Signal Construction (With Municipality Providing Limited Materials or
Labor).
RECOMMENDATION
Staff recommends approval of the NHS Program Project Agreement between the City of Denton
and the Texas Department of Transportation in the amount of $102,210.60.00 for the provision
of the desired traffic signal equipment at the intersections of U.S. Hwy. 380 with IH35 and
Masch Branch Road..
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable.
FISCAL INFORMATION
The source of funding for the City’s preferred equipment is the Traffic Operations department’s
operating budget.
BID INFORMATION
Not applicable.
EXHIBITS
1.Ordinance
2.National Highway System (NHS) Program Project Agreement for State-Contracted Traffic
Signal Construction (With Municipality Providing Limited Materials or Labor).
Respectfully submitted,
Frank G. Payne, P.E.
City Engineer
Revised 7/2004
EXHIBIT1
ORDINANCE NO. 2012-______
AN ORDINANCE APPROVING THE “NATIONAL HIGHWAY SYSTEM (NHS) PROGRAM
PROJECT AGREEMENT FOR STATE-CONTRACTED TRAFFIC SIGNAL CONSTRUCTION
(WITH MUNICIPALITY PROVIDING LIMITED MATERIALS OR LABOR)” REGARDING
THE CITY’S PARTICIPATION IN THE PROCUREMENT AND INSTALLATION OF TRAFFIC
SIGNALS ON ROADWAYS WITHIN THE CITY LIMITS OF THE CITY OF DENTON,
TEXAS BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS,
ACTING BY AND THROUGH ITS AGENCY, THE TEXAS DEPARTMENT OF
TRANSPORTATION; PROVIDING THE CITY MANAGER WITH AUTHORITY TO CARRY
OUT THE RIGHTS AND DUTIES OF THE CITY REGARDING SAID AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, 23 U.S.C. Sec. 103 establishes Federal aid for the National Highway System
(“NHS”); and
WHEREAS, 23 U.S.C. Sec. 104(b)(1) establishes that funds apportioned to a State under
Sec. 104(b)(1) for the National Highway System may be obligated for operational improvements for
segments of the National Highway System; and
WHEREAS, 23 U.S.C. Sec. 120 establishes the Federal share of funding for NHS programs
involving the procurement and installation of traffic signals; and
WHERRAS, the State of Texas (“State”) is empowered under existing laws to operate and
maintain a system of highways and roadways for the public use and benefit; and
WHEREAS, the City of Denton, Texas (“City”) has requested the State to reimburse the
Federal allowable percentage of the cost of installing traffic signals and other items directly related
to the operation of an intersection at the intersections established in the Agreement, hereinafter the
“Project;” and
WHEREAS, the Project has been designated as a Federal-aid project and thus, the
Agreement entered into herewith, shall be made in accordance with Federal Highway Administration
(“FHWA”) procedures and regulations; and
WHEREAS, the City has offered to participate in the development and the construction of
the Project; and it is in the best interest of the City and the State for the City to assist the State by
furnishing and installing traffic signal equipment on the Project;
WHEREAS, the State will secure the Federal cost share and shall reimburse the City for their
appropriate cost associated with the Project; and the State, by and through its Texas Transportation
Commission, passed Minute Order 113073 authorizing the Project through the State Transportation
Improvement Program; and
WHEREAS, the City Council has read the proposed “National Highway System (NHS)
Program Project Agreement for State-Contracted Traffic Signal Construction” (hereafter the
“Agreement”) by and between the State of Texas, by and through its agency, the Texas Department
of Transportation, and the City of Denton, Texas and finds that this Agreement is in the public
interest of the residents of Denton, Texas; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as if fully set forth herein.
SECTION 2. The “National Highway System (NHS) Program Project Agreement for State-
Contracted Traffic Signal Construction,” attached as Exhibit “A” hereto and incorporated by
reference herein, is hereby approved, and the Mayor or the Mayor Pro-Tempore is hereby authorized
to enter into that Agreement on behalf of the City of Denton, Texas.
SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of the
City under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012.
________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: __________________________________
EXHIBIT2
CSJ # 0134-09-063
District #18/DAL
Code Chart 64 # 11400
Project: US 380 at Masch
US 380 at IH35
Federal Highway Administration
CFDA # 20.205 _____________
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
NATIONAL HIGHWAY SYSTEM (NHS) PROGRAM PROJECT
AGREEMENT FOR STATE-CONTRACTED TRAFFIC SIGNAL CONSTRUCTION
(WITH A MUNICIPALITY PROVIDING LIMITED MATERIALS OR LABOR)
THIS AGREEMENT
is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the “State,” and North Central Texas Council of
Governments, a Metropolitan Planning Organization charted under the laws of the State of Texas,
acting through the City of Denton, called the “City,” acting through its duly authorized officers.
WITNESSETH
WHEREAS,
the Intermodal Surface Transportation Efficiency Act of 1991 (“ISTEA”), codified
under Title 23 USC Section 101 et seq., authorizes funding for Metropolitan Planning at 23 USC
subsection 104(f), which has been reauthorized under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (“SAFETEA–LU”); and
WHEREAS,
23 USC §103 establishes Federal aid for the National Highway System; and
WHEREAS,
23 USC §104(b)(1) establishes that funds apportioned to a State under 104(b)(1) for
the National Highway System may be obligated for operational improvements for segments of the
National Highway System; and
WHEREAS,
23 USC §120 establishes the Federal share of funding for NHS programs involving
the procurement and installation of traffic signals as defined elsewhere in this agreement; and
WHEREAS,
the State is empowered under existing laws to operate and maintain a system of
highways and roadways for public use and benefit; and
WHEREAS,
the City has requested the State to reimburse the Federal allowable percentage of
the cost of installing traffic signals and other items directly related to the operation of an
intersection at the intersections established in this agreement, called the “Project;” and
WHEREAS,
the Project has been designated as a federal-aid project and, thus, this agreement
shall be made in accordance with Federal Highway Administration (FHWA) procedures and
regulations; and
WHEREAS,
the City has offered to participate in the development and construction of the Project
as defined elsewhere in this agreement; and
Traffic-Traffic_TEA14 Page 1 of 14 Revised 08/31/2011
STP:FED STATE LETTING
CSJ # 0134-09-063
District #18/DAL
Code Chart 64 # 11400
Project: US 380 at Masch
US 380 at IH35
Federal Highway Administration
CFDA # 20.205 _____________
Not Research and Development
WHEREAS,
it is in the best interest of the City and the State for the City to assist the State by
furnishing and installing traffic signal equipment on the Project; and
WHEREAS,
the State will secure the federal cost share, and reimburse the City for their
appropriate cost associated with the Project as defined elsewhere in this agreement; and
WHEREAS,
the Texas Transportation Commission passed Minute Order No.113073 authorizing
the Project through the State Transportation Improvement Program; and
WHEREAS,
the Governing Body of the City has approved entering into this agreement by
resolution or ordinance dated _______________, 20__, labeled Attachment A, which is attached
to and made a part of this agreement; and
WHEREAS,
the State is authorized to enter into an agreement with the City for the Project
pursuant to Texas Transportation Code §221.002;
NOW THEREFORE,
the State and the City agree as follows:
AGREEMENT
Article 1. Period of this Agreement
This agreement becomes effective on final execution by both parties and shall remain in
effect as long as the traffic signal equipment furnished by the City is in operation at the
described location and the signal project is incomplete, or unless otherwise terminated or
modified as provided below.
Article 2. Scope of Work
A. Signal Warranting Data.
The City shall collect, prepare, and provide to the State the
required warranting and justification data for each signalized intersection contemplated in
this agreement. The City shall provide the data to the State in a format approved by the
State. Only those intersections that are warranted and approved by the State shall be
eligible for signalization under this agreement.
B. Intersection Locations.
1. All State-approved intersections which are on routes that are part of the State Highway
System are listed in Attachment B, which is attached to and made a part of this
agreement. These intersections are referred to as “on-system” intersections.
2. All State-approved intersections which are not on routes that are part of the State
Highway System are listed in Attachment C, which is attached to and made a part of
this agreement. These intersections are referred to as “off-system” intersections.
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C. Design and Construction Responsibilities.
1. The City shall develop the construction plans and specifications associated with the
installation of traffic signals at each intersection. The construction plans and
specification require final approval by the State.
2. If indicated in the plans and specifications, the furnishing or installing of a portion of the
traffic signal equipment may be part of the construction to be undertaken by the City.
3. The City’s plans and specifications shall conform to the requirements of the latest
edition of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and use
applicable Texas Department of Transportation standard specifications, special
specifications, special provisions, and standard sheets.
4. The State will advertise for construction bids, let the construction contract, or otherwise
provide for the construction and will supervise the construction as required by the
construction plans and specifications. The State will secure the City’s concurrence of
the construction plans and specifications prior to the award of the construction contract.
D. Implementation Plan
1. If the Project includes any traffic signal systems, the City shall attach to this agreement
an FHWA-approved Implementation Plan as Attachment D, which is made a part of this
agreement.
2. The Implementation Plan shall address the operation and maintenance of the traffic
signal systems after the Project is complete.
E.
Any variations to the Scope of Work are provided in Attachment E, which is attached to and
made a part of this agreement.
Article 3. Personnel, Equipment, and Material
A.
The City shall use labor and supervisory personnel employed directly by the City.
B.
All employees of the City assigned to this agreement shall have sufficient knowledge and
experience to enable them to perform the duties assigned to them.
C.
The State may require the City to remove any employee from the work authorized in this
agreement if, in the sole opinion of the State, the work of that employee does not comply
with this agreement or the conduct of that employee is detrimental to the Project.
D.
All materials used for the work shall be new and undepreciated.
E.
Reimbursement for the use of materials purchased by other than competitive bid
procedures will be made only if:
1. Those procedures are shown to be in the public interest; and
2. The State has given prior approval for the use of materials.
F.
The City shall use City-owned machinery, equipment, and vehicles for the work. In the
event that the City does not have the necessary machinery, equipment, and vehicles, they
may be rented or leased at the lowest bid price of those submitted by two or more
approved bidders.
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Article 4. Compensation
A.
The maximum amount reimbursable by the State to the City under this agreement without
$102,210.60
modification is
. A cost estimate of the traffic signal equipment furnished by
the City under this agreement, labeled Attachment F, is attached to and made part of this
agreement.
B. Reimbursement of Costs to City.
The State will reimburse the City for costs incurred
under this agreement, provided the City has paid from City funds those obligations
previously billed.
1. The State will reimburse the City up to 100% of the cost of furnishing or installing City
traffic signal equipment according at the locations described in Attachment B.
2. The State will pay up to 100%
of the construction costs at the locations described in
Attachment B.
3. The State will reimburse the City up to N/A% of the cost of furnishing or installing City
traffic signal equipment according at the locations described in Attachment C.
4. The State will pay up to N/A%
of the construction costs at the locations described in
Attachment C.
5. The State will reimburse the City for applicable labor, equipment use, materials,
supplies, travel expenses, and warehouse or material handling charges.
6. The State will not reimburse unsupported costs, costs incurred prior to the issuance of a
written work order by the State, and costs incurred after final acceptance by the State.
7. The State shall make payment to the City within thirty (30) days from the receipt of the
City’s request for payment contingent upon both:
a. The State’s:
1) Acceptance of the completed Project; or
2) Partial acceptance by letter, on a quarterly basis, wherever the work; and
materials provided have been found by the State to satisfy the requirements of
the plans and specifications; and
b. The City’s submission of an original and four copies of a request for payment:
To the following address: Texas Department of Transportation
Attn: Director of Operations
PO Box 133067
Dallas, TX 75313-3067
1) On the State’s Form 132 Billing Statement or other type of invoice acceptable to
the State; and
2) That documents the work performed and materials used through descriptions,
quantities, unit prices, and extensions.
C. City Payments to State.
1. Thirty (30) days prior to the date set for the State to receive construction bids, the City
shall remit payment to the state in the amount equal to:
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a. N/A% of the estimated bid items for locations described in Attachment C; and
b. N/A% of the estimated engineering and contingencies (State inspection costs) for
the bid items for locations described in Attachment C; and
c. N/A% of the estimated State inspection costs for City furnished and/or installed
traffic signal equipment for locations described in Attachment C; and
d. N/A
% of any federal non-participating costs.
2. It is estimated that the State inspection cost will be N/A% of construction cost.
3. The City check or warrant is $N/A
.
4. Payments to the State shall be by check or warrant made payable to "Texas
Department of Transportation Trust Fund." The check or warrant shall be deposited by
the State in an escrow account to be managed by the State. Funds in the escrow
account may only be applied by the State to the Project.
5. In the event it is determined by the State that the initial amount submitted by the City for
construction of the project is insufficient to cover the State’s costs, the City will within
thirty (30) days from the State’s written notification, make additional funding available to
the State.
6. Following completion and the State’s acceptance of the project, the State will make a
final audit of all costs associated with the project. Upon completion of the final audit,
any remaining funds due the City will be promptly returned.
D.
The City shall be responsible for any funds determined to be ineligible for federal
reimbursement, and shall reimburse the State the amount of those funds previously
provided to it by the State.
E.
If the City will perform any work under this agreement for which reimbursement will be
provided by or through the State, the City must complete training before federal spending
authority is obligated.Training is complete when at least one individual who is working
actively and directly on the Project successfully completes and receives a certificate for the
course entitled Local Government Project Procedures Qualification for the Texas
Department of Transportation. The City shall provide the certificate of qualification to the
State. The individual who receives the training certificate may be an employee of the City
or an employee of a firm that has been contracted by the City to perform oversight of the
Project. The State in its discretion may deny reimbursement if the City has not designated
a qualified individual to oversee the Project.
Article 5. Insurance
If this agreement authorizes the City or its contractor to perform any work on State right of
way, before beginning work the entity performing the work shall provide the State with a fully
executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of
coverage in the amounts and types specified on the Certificate of Insurance for all persons and
entities working on State right of way. This coverage shall be maintained until all work on the
State right of way is complete. If coverage is not maintained, all work on State right of way
shall cease immediately, and the State may recover damages and all costs of completing the
work.
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Article 6. Responsibilities of the Parties
The State and the City agree that neither party is an agent, servant, or employee of the other
party and each party agrees it is responsible for its individual acts and deeds as well as the
acts and deeds of its contractors, employees, representatives, and agents.
Article 7. Progress
A. Communications.
The City shall confer with the State during the progress of the Project.
The City shall prepare and present all information that is requested by the State or is
necessary for the State to evaluate the work performed by the City.
B. Reports.
The City shall promptly advise the State in writing of events that may have a
significant effect on the progress of the Project.
1. The City shall promptly advise the State in writing of any problems, delays, or adverse
conditions that will materially affect the ability to meet scheduled goals. This disclosure
will be accompanied by statement of the action taken or contemplated and any State or
federal assistance needed to resolve the situation.
2. The City shall also promptly advise the State in writing of favorable developments or
events that enable meeting goals sooner than anticipated.
Article 8. Inspection of Work
A.
The State shall make frequent and complete inspection of all materials, equipment, and
work to determine and permit certification that:
1. They are in suitable condition for operation and maintenance by the City after
completion; and
2. All applicable requirements of the plans and specifications are satisfied.
B.
The City shall provide opportunities, facilities, and representative samples, as required by
the State to perform the above inspections.
C.
The State will promptly notify the City of any deficiencies determined by the above
inspections and the City shall, without delay, take corrective action acceptable to the State.
Article 9. Maintenance, Retention, and Audit of Records
A. Retention Period.
The City shall maintain all books, documents, papers, computer-
generated files, accounting records, and all other evidence pertaining to costs incurred and
work performed under this agreement, and shall make those materials available at its office
during the time period covered and for four years from the date of final payment under this
agreement, until completion of all audits, or until pending litigation has been completely and
fully resolved, whichever occurs last.
B. Availability.
The State, FHWA, United States Department of Transportation and its Office
of the Inspector General, State Auditor’s Office, United States Comptroller General, and
any of their authorized representatives shall have access to the records for the purpose of
making audits, examinations, excerpts, and transcriptions.
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C. State Auditor.
The state auditor may conduct an audit or investigation of any entity
receiving funds from the State directly under this agreement or indirectly through a
subcontract under this agreement. Acceptance of funds directly under this agreement or
indirectly through a subcontract under this agreement acts as acceptance of the authority
of the state auditor, under the direction of the legislative audit committee, to conduct an
audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit.
D. Audit Timing.
The State will prepare an audit:
1. Upon completion of the work authorized or early termination of the agreement to
determine the amount of the work performed and materials furnished by the City at that
time; and
2. At any time it is deemed to be in the best interest of the State.
Article 10. Disputes
The State’s decision on disputes regarding the responsibilities and obligations set forth in this
agreement shall be final and binding.
Article 11. Non-collusion
The City shall warrant that it has not employed or retained any company or person, other than
a bona fide employee working for the City, to solicit or secure this agreement, and that it has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon or
resulting from the award or making of this agreement. If the City breaches or violates this
warranty, the State shall have the right to annul this agreement without liability or, in its
discretion, to deduct from the agreement price or consideration, or otherwise recover the full
amount of the fee, commission, brokerage fee, gift, or contingent fee.
Article 12. Termination and Remedies
A. Causes.
This agreement shall remain in effect until the project is completed and accepted
by all parties, unless the agreement is terminated by:
1. Written agreement of the parties;
2. Written notice from either party because the other party did not fulfill its contractual
obligations;
3. Written notice from the City, after the completion of preliminary engineering,
specifications, and estimates, that it elects not to provide funding;
4. The State if the Project is inactive for thirty-six months or longer and no expenditures
have been charged against federal funds; or
5. Thirty (30) days written notice from the State, with or without cause.
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B. Payments Due After Termination.
1. If the State terminates this agreement, the State shall not be liable for any costs other
than those due at the time of termination.
2. If this agreement is terminated under Article 12(A)(3) and the project does not proceed
because of insufficient funds, the City shall reimburse the State for its reasonable actual
costs incurred during the project.
3. If this agreement is terminated under Article 12(A)(5), the City shall not incur costs
during the thirty (30) days after notice is given if those costs are more than the costs
incurred during the preceding thirty (30) days.
C. Value of Completed Work.
The State shall determine the value of any work that has been
performed at the time of termination. In determining the compensation for partial work, the
State will consider
1. Actual costs incurred in performing the work to the date of termination;
2. The amount of work that was satisfactorily completed as of the date of termination;
3. The value of the work that is usable by the State;
4. The cost to the State of employing others to complete the required work;
5. The time required to employ others to complete the work; and
6. Any other factors that affect the value to the State of the work performed.
D. Payment of Additional Costs.
If this agreement is terminated under Article 12(A)(2), the
State may take over the project and complete the work. The City shall be liable to the
State for any additional costs to the State caused by the termination.
E. Excusable Delays.
Except with respect to subcontractors, the City will not be considered
in default for any failure that arises out of causes beyond the control and without the
negligence of the City. These include acts of God or the public enemy, acts of the
Government in its sovereign immunity or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and unusually severe weather.
F. Surviving Requirements.
Except for provisions that specifically establish responsibilities
that extend beyond the agreement period, termination and payment under this article
extinguish the rights, duties, and obligations of the State and the City under this agreement.
G. Remedies.
1. Any costs incurred by the State arising from the termination of this agreement under
Article 12(A)(2) or (3) shall be paid by the City.
2. This agreement shall not be considered as specifying the exclusive remedy for any
default, but all remedies existing at law and in equity may be pursued by either party
and shall be cumulative.
Article 13. Compliance with Laws
A. Compliance Requirement.
The parties shall comply with all applicable federal, state, and
local laws, statutes, ordinances, rules, and regulations, and the orders and decrees of any
courts or administrative bodies or tribunals in any manner affecting the performance of this
agreement, including worker’s compensation laws, minimum and maximum salary and
wage statutes and regulations, nondiscrimination laws, and licensing laws and regulations.
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B. Proof of Compliance
. At the request of the State, the City shall furnish satisfactory proof
of its compliance with this article.
Article 14. Gratuities
A. Employees Not To Benefit.
Employees of the State or the City shall not accept any
benefits, gifts, or favors from any person doing business with, or who reasonably speaking
may do business with the State or the City under this agreement.
B. Liabiliity.
The State may terminate this agreement if the City or any other person who is
doing business with or who reasonably speaking may do business with the State under this
agreement offers benefits, gifts, or favors to State employees in violation of this policy.
Article 15.Subcontracting
A. Prior Approval.
The City shall not assign, subcontract, or transfer services related to the
work under this agreement without the advance written approval of the State.
B. Required Provisions.
All subcontracts shall include the provisions contained in this
agreement and any other provisions required by law.
C. City Responsibilities.
A subcontract does not relieve the City of any responsibilities
under this agreement.
Article 16. Amendments to this Agreement
Any change to one or more of the terms and conditions of this agreement shall not be valid
unless made in writing and agreed to by the parties before the change is implemented.
Article 17. Legal Construction
If any provision in this agreement is for any reason held to be invalid, illegal, or unenforceable
in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision
of this agreement. In that case, this agreement shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained in it.
Article 18. Successors and Assigns
A.
The City and the State bind themselves and their successors and assigns to each other
party of this agreement and to the successors and assigns to each other party with regard
to all covenants of this agreement.
B.
The City shall not assign, subcontract, or otherwise transfer its interests in this agreement
without the written approval of the State.
Article 19. Sole Agreement
This agreement constitutes the sole agreement between the parties concerning the Project
and supersedes any prior understandings or written or oral agreements between the parties
respecting the subject matter of this agreement.
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Article 20. Debarment Certification
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, “Debarment and Suspension.” By executing this
agreement, the City certifies that it is not currently debarred, suspended, or otherwise
excluded from or ineligible for participation in Federal Assistance Programs under Executive
Order 12549 and further certifies that it will not do business with any party that is currently
debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549. The parties to this agreement shall
require any party to a subcontract or purchase order awarded under this agreement to certify
its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the
certification.
Article 21. Civil Rights Compliance
The City shall comply with the regulations of the United States Department of Transportation
as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive
Order 11246 titled “Equal Employment Opportunity,” as amended by Executive Order 11375
and supplemented in the Department of Labor Regulations (41 CFR Part 60).
Article 22. Disadvantaged Business Enterprise (DBE) Program Requirements
A.
The parties shall comply with the DBE Program requirements established in 49 CFR Part
26.
B.
The City shall adopt, in its totality, the State’s federally approved DBE program.
C.
The City shall set an appropriate DBE goal consistent with the State’s DBE guidelines and
in consideration of the local market, project size, and nature of the goods or services to be
acquired. The City shall have final decision-making authority regarding the DBE goal and
shall be responsible for documenting its actions.
D.
The City shall follow all other parts of the State’s DBE program referenced in TxDOT Form
2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of
Transportation’s Federally-Approved Disadvantaged Business Enterprise by Entity, and
attachments found at web address http://txdot.gov/business/business_outreach/mou.htm.
E.
The City shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any U.S. Department of Transportation (DOT)-assisted contract
or in the administration of its DBE program or the requirements of 49 CFR Part 26. The
City shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination in award and administration of DOT-assisted contracts. The State’s DBE
program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by
reference in this agreement.Implementation of this program is a legal obligation and
failure to carry out its terms shall be treated as a violation of this agreement. Upon
notification to the City of its failure to carry out its approved program, the State may impose
sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
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matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of
1986 (31 USC 3801 et seq.).
F.
Each contract the City signs with a contractor (and each subcontract the prime contractor
signs with a sub-contractor) must include the following assurance:The contractor, sub-
recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted
contracts. Failure by the contractor to carry out these requirements is a material breach of
this agreement, which may result in the termination of this agreement or such other remedy
as the recipient deems appropriate.
Article 23. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in 49 CFR § 18.36 and with
the property management standard established in 49 CFR § 18.32.
Article 24. Office of Management and Budget (OMB) Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in OMB Circular A-87 that specify that all reimbursed costs are allowable,
reasonable, and allocable to the Project.
Article 25. Lobbying Certification
In executing this agreement, each signatory certifies to the best of that signatory’s knowledge
and belief, that:
A.
No federal appropriated funds have been paid or will be paid by or on behalf of the parties
to any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
B.
If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with federal contracts, grants, loans, or cooperative agreements,
the signatory for the City shall complete and submit the Federal Standard Form-LLL,
“Disclosure Form to Report Lobbying,” in accordance with its instructions.
C.
The parties shall require that the language of this certification shall be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and all sub-recipients shall
certify and disclose accordingly. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the
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required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Article 26. Federal Funding Accountability and Transparency Act Requirements
A.
Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act and implementing regulations at 2 CFR Part 170,
including Appendix A. This agreement is subject to the following award terms:
http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and
http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf.
B.
The City agrees that it shall:
1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal
Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than
$25,000 in Federal funding. The CCR number may be obtained by visiting the CCR
web-site whose address is: https://www.bpn.gov/ccr/default.aspx
;
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine-character number that allows the Federal government to track the
distribution of federal money. The DUNS number may be requested free of charge for
all businesses and entities required to do so by visiting the Dun & Bradstreet on-line
registration website http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five executives to the State if:
a. More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $25,000,000; and
b. The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
Article 27. Single Audit Report
A.
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular
A-133.
B.
If threshold expenditures of $500,000 or more are met during the City's fiscal year, the City
must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit
Office, 125 E. 11th Street, Austin, TX78701 or contact TxDOT’s Audit Office at
http://www.txdot.gov/contact_us/audit.htm.
C.
If expenditures are less than $500,000 during the City's fiscal year, the City must submit a
statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure
threshold and therefore, are not required to have a single audit performed for FY ______."
D.
For each year the project remains open for federal funding expenditures, the City will be
responsible for filing a report or statement as described above. The required annual filing
shall extend throughout the life of the agreement, unless otherwise amended or the project
has been formally closed out and no charges have been incurred within the current fiscal
year.
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Article 28. Notices
All notices to either party by the other under this agreement shall be delivered personally or
sent by certified or U.S. mail, postage prepaid, addressed to the other party at the following
addresses:
City State
City of Denton Texas Department of Transportation
City Engineer Director of Operations
901-A Texas Street PO Box 133067
Denton, TX 76201 Dallas, TX 75313-3067
All notices shall be deemed given on the date delivered or deposited in the mail. Either party
may change the above address by sending written notice of the change to the other party.
Either party may request in writing that notices shall be delivered personally or by certified U.S.
mail, and the request shall be carried out by the other party.
Article 29. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
Traffic-Traffic_TEA14 Page 13 of 14 Revised 08/31/2011
STP:FED STATE LETTING
CSJ # 0134-09-063
District #18/DAL
Code Chart 64 # 11400
Project: US 380 at Masch
US 380 at IH35
Federal Highway Administration
CFDA # 20.205 _____________
Not Research and Development
THIS AGREEMENT IS EXECUTED
by the State and the City in duplicate.
THE CITY
Signature
Type or Printed Name
Title
Date
THE STATE OF TEXAS
Signature
William L. Hale, P.E.
Type or Printed Name
Dallas District Engineer
Title
Date
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
lllllllllllllllllllllllllll
Traffic-Traffic_TEA14 Page 14 of 14 Revised 08/31/2011
STP:FED STATE LETTING
CSJ # 0134-09-063
District #18/DAL
Code Chart 64 # 11400
Project: US 380 at Masch
US 380 at IH35
Federal Highway Administration
CFDA # 20.205 _____________
Not Research and Development
ATTACHMENT A
CITY RESOLUTION OR ORDINANCE
Traffic-Traffic_TEA14 Page 1 of 1 Attachment A
STP:FED STATE LETTING
CSJ # 0134-09-063
District #18/DAL
Code Chart 64 # 11400
Project: US 380 at Masch
US 380 at IH35
Federal Highway Administration
CFDA # 20.205 _____________
Not Research and Development
ATTACHMENT B
ON-SYSTEM INTERSECTIONS
US 380 at Masch Branch Road
US 380 at IH35
Traffic-Traffic_TEA14 Page 1 of 1 Attachment B
STP:FED STATE LETTING
CSJ # 0134-09-063
District #18/DAL
Code Chart 64 # 11400
Project: US 380 at Masch
US 380 at IH35
Federal Highway Administration
CFDA # 20.205 _____________
Not Research and Development
ATTACHMENT C
OFF-SYSTEM INTERSECTIONS
NONE
Traffic-Traffic_TEA14 Page 1 of 1 Attachment C
STP:FED STATE LETTING
CSJ # 0134-09-063
District #18/DAL
Code Chart 64 # 11400
Project: US 380 at Masch
US 380 at IH35
Federal Highway Administration
CFDA # 20.205 _____________
Not Research and Development
ATTACHMENT D
FHWA-APPROVED IMPLEMENTATION PLAN
NOT REQUIRED
Traffic-Traffic_TEA14 Page 1 of 1 Attachment D
STP:FED STATE LETTING
CSJ # 0134-09-063
District #18/DAL
Code Chart 64 # 11400
Project: US 380 at Masch
US 380 at IH35
Federal Highway Administration
CFDA # 20.205 _____________
Not Research and Development
ATTACHMENT E
VARIATIONS TO SCOPE OF WORK
STATE TO COLLECT AND PREPARE THE WARRANTING DATA
STATE TO PREPARE PLANS
Traffic-Traffic_TEA14 Page 1 of 1 Attachment E
STP:FED STATE LETTING
CSJ # 0134-09-063
District #18/DAL
Code Chart 64 # 11400
Project: US 380 at Masch
US 380 at IH35
Federal Highway Administration
CFDA # 20.205 _____________
Not Research and Development
ATTACHMENT F
COST ESTIMATE
The following table is an estimate of cost participation in the Project. This is only an estimate and
final participation amounts will be based on actual costs.
Work Performed by the City
FederalStateCity
Total
Participation Participation Participation
Description Estimated
Cost
% Cost % Cost % Cost
Engineering
On State System $0.00 0% $0.000% $0.00 0% $0.00
Off State System $0.00 0% $0.000% $0.00 0% $0.00
Construction
On State System $102,210.60 80% $81,768.4820% $20,442.12 0% $0.00
Off State System $0.00 0% $0.000% $0.00 0% $0.00
Work Performed by the State
FederalStateCity
Total
Participation Participation Participation
Description Estimated
Cost
% Cost % Cost % Cost
Engineering
On State System $0.00 0% $0.000% $0.00 0% $0.00
Off State System $0.00 0% $0.000% $0.00 0% $0.00
Construction
On State System $0.00 0% $0.000% $0.00 0% $0.00
Off State System $0.00 0% $0.000% $0.00 0% $0.00
State Costs for Review, Inspection, and Oversight of Work Performed by the City
FederalStateCity
Total
Participation Participation Participation
Description Estimated
Cost
% Cost % Cost % Cost
Direct State Costs
Engineering $0.00 0% $0.000% $0.00 0% $0.00
Construction $0.00 0% $0.000% $0.00 0% $0.00
Indirect State Costs $0.00 0% $0.000% $0.00 0% $0.00
0% $0.000% $0.00 0% $0.00
Traffic-Traffic_TEA14 Page 1 of 2 Attachment F
STP:FED STATE LETTING
CSJ # 0134-09-063
District #18/DAL
Code Chart 64 # 11400
Project: US 380 at Masch
US 380 at IH35
Federal Highway Administration
CFDA # 20.205 _____________
Not Research and Development
Location/equipment Unit Quantity Unit Price Total Cost
US 380 at Masch Branch Rd
Ethernet Radio EA13455 $3,455.00
Ethernet Switch EA11275 $1,275.00
Ethernet Radio Cables (.9 + .55) LF 150.00 1.45 $217.50
VIVDS Camera Assembly EA44375 $17,500.00
VIVDS CableLF 855 0.9$769.50
Radar Advance Detection Device EA25350 $10,700.00
Radar Cable LF 411.00 1.70 $698.70
Traffic Signal Controller and Cabinet EA1.00 11050.00 $11,050.00
US 380 at IH 35
Ethernet Radio EA13455 $3,455.00
Ethernet Switch EA11275 $1,275.00
Ethernet Radio Cables (.9 + .55) LF 150 1.45 $217.50
VIVDS Camera Assembly EA64100 $24,600.00
VIVDS CableLF 2081 0.9$1,872.90
Radar Advance Detection Device EA25350 $10,700.00
Radar Cable LF 1985 1.70 $3,374.50
Traffic Signal Controller and Cabinet EA1.00 11050.00 $11,050.00
Project Total $102,210.60
Traffic-Traffic_TEA14 Page 2 of 2 Attachment F
STP:FED STATE LETTING
AGENDA INFORMATION SHEET
AGENDA DATE: September 18, 2012
DEPARTMENT:
CM/ ACM: George C. Campbell
SUBJECT
Consider approval of a resolution creating an ad-hoc citizen advisory committee to advise the
City Council and staff on the development of an ordinance regulating smoking and the
composition of such a citizen committee; and providing an effective date.
BACKGROUND
City Council received a report at the January 10, 2012 work session, regarding amendments to
the City of Denton smoking ordinance (86-069 as amended by ordinance 93-193). Council
directed staff to draft a resolution creating an ad-hoc citizen advisory committee that would
advise staff and Council regarding a comprehensive update to the current smoking ordinance,
with an objective of adopting amendments for implementation effective no later than January 1,
2013. Staff provided council with an Informal Staff Report on September 7, 2012, which
included a preliminary list of recommended committee members and background information on
the committee composition, similar to the information being provided herein.
Based on the January 10 discussion, staff recommends the following composition of a citizen
ation:
Two (2) representatives of local restaurants;
And/or two (2) representatives of local stand-alone bars;
One (1) representative of the Denton Chamber of Commerce;
One (1) representative of the Denton Hispanic Chamber of Commerce;
One (1) local Medical Professional, defined as a current medical practitioner;
One (1) representative of the Denton County Health Department;
One (1) representative of Denton Regional Medical Center;
One (1) representative of Texas Health Resources Presbyterian;
Four (4) Denton citizens from the general public.
The resolution, attached as Exhibit 1, creating the ad-hoc citizen advisory committee will
become effective immediately upon approval of City Council. The special committee would be
dissolved following completion of the work as outlined in the resolution.
OPTIONS
1.Approve Resolution.
2.Amend resolution for staff to bring back for approval at the City Council meeting on
October 2.
RECOMMENDATION
1.Staff recommends Option 1.
EXHIBITS
1.Draft Resolution creating an Ad-hoc Citizen Advisory Committee
2.Smoking Ordinance Ad-hoc Citizen Advisory Committee potential member list
3.Draft Schedule of Completion
4.City of Denton Ordinance 86-069, amended by Ordinance 93-193
Respectfully submitted:
______________________________
George C. Campbell
City Manager
Prepared by:
_______________________
Lindsey Baker
Assistant to the City Manager
Exhibit1
Exhibit4
Subpart A - CODE OF ORDINANCES
Chapter 14 - HEALTH AND HUMAN SERVICES
ARTICLE IV. - SMOKING
[35]
ARTICLE IV. - SMOKING
(35)
Cross reference
Fire prevention generally, Ch. 11; food establishments generally-26 et seq.
Sec. 14-86. - Definitions.
Sec. 14-87. - Smoking prohibited in certain public areas.
Sec. 14-88. - Written policy required.
Sec. 14-89. - Food establishments.
Sec. 14-90. - Penalties.
Sec. 14-86. - Definitions.
The following words, terms and phrases, when used in this articlascribed to
them in this section, except where the context clearly indicates
Administrative area means the area of an establishment not generally accessible to t
including but not limited to individual offices, stockrooms, employee lounges o
Director means the manager of the consumer health division of the city.
Food establishment means any operation defined as such in section 13-1 of this Code.
Hospital means any institution that provides medical, surgical and overnight fa
Public service area means any area, other than an administrative area, to which the
routinely has access for municipal services and which is designa public service area in a written
policy prepared in compliance with this article.
Retail establishment means any establishment which primarily sells goods to the gener
(Code 1966, § 13-50; Ord. No. 93-193, § I, 10-19-93; Ord. No. 97-114, § XI, 4-1-97)
Sec. 14-87. - Smoking prohibited in certain public areas.
(a) It is unlawful for any person to smoke or possess a burning toba
in any of the following indoor or enclosed areas:
(1) An elevator used by the public;
(2) A hospital or nursing home corridor providing direct access to p
(3) Any conference room, meeting room or public service area of any
managed by the city, but this does not include the Civic Center,
Center for Performing Arts;
(4) Any retail establishment serving the general public, including but not limited to any
Denton, Texas, Code of Ordinances
Page 1 of 4
Subpart A - CODE OF ORDINANCES
Chapter 14 - HEALTH AND HUMAN SERVICES
ARTICLE IV. - SMOKING
department store, grocery store or drugstore; or
(5) An area marked with a no smoking sign in accordance with subsect
the owner or person in control of a hospital, nursing home or retail establishment serving the
general public; or
(6) Any facility of a public primary or secondary school or an enclo
library or museum.
(b) The owner or person in control of an establishment in which smok subsection
(a) of this section shall post a conspicuous sign at the main en
or person in control of an establishment in which smoking is pro
conspicuous sign at the entrance to the area. The sign shall contain the words "No Smoking, City of
Denton Ordinance," the universal symbol for no smoking or other
smoking.
(c) Every hospital shall:
(1) Allow all patients, prior to elective admission, to choose to be in a no smoking patient room;
and
(2) Require that employees or visitors obtain express approval from
prior to smoking.
(d) The owner or person in control of an establishment or area descrr
(a)(6) of this section may designate an area, including but not
waiting room, as a smoking area; provided, that the designated s
(1) The entire establishment;
(2) Cashier areas or over-the-counter sales areas; or
(3) The viewing area of any theater or movie house.
(e) It is a defense to prosecution under this section if the person
(1) A designated smoking area of a facility or establishment describbsections (a)(4) or
(a)(6) of this section which is posted as a smoking area with ap
(2) An administrative area or office of an establishment described i
this section;
(3) A retail establishment serving the general public with less than five hundred (500) square feet
of a public showroom or service space or having only one (1) emp
a designated nonsmoking area in accordance with subsection (a)(5
(4) A retail establishment which is primarily engaged in the sale of tobacco,
smoking implements.
(f)The owner or person in control of an establishment exempted from
by subsection (e) of this section who chooses not to designate any such areas shall post a conspicuous
sign near the main entrance to the establishment with the words
Denton, Texas, Code of Ordinances
Page 2 of 4
Subpart A - CODE OF ORDINANCES
Chapter 14 - HEALTH AND HUMAN SERVICES
ARTICLE IV. - SMOKING
"Nonsmoking Areas Not Available" or similar language to indicate
provided.
(Code 1966, § 13-51; Ord. No. 93-193, §§ II, III, 10-19-93)
Sec. 14-88. - Written policy required.
The owner or person in control of any facility or area designate
14-87(a)(3) of this article shall:
(1) Have and implement a written policy on smoking which conforms to
(2) Make the policy available for inspection by the director.
(Code 1966, § 13-52; Ord. No. 93-193, § IV, 10-19-93)
Sec. 14-89. - Food establishments.
(a) A food establishment which has indoor or enclosed dining areas shall provide separate indoor or
enclosed dining areas for smoking and nonsmoking patrons.
(b) A nonsmoking area shall:
(1) Be separated, where feasible, from smoking areas by a minimum of
contiguous floor space;
(2) Be ventilated, where feasible, and situated so that air from the smoking area is n
or across the nonsmoking area;
(3) Be clearly designated by appropriate signs visible to patrons wi
that the area is designated nonsmoking; and
(4) Have ash trays or other suitable containers for extinguishing sm
perimeter of the nonsmoking area.
(c) Each food establishment which has a dining area shall:
(1) Have and implement a written policy on smoking which conforms toarticle;
(2) Make the policy available for inspection by the director; and
(3) Have signs at the establishment's entrance indicating that nonsm
(d) Nondining areas of any food establishment affected by this sectins have general
access, including but not limited to food order areas, food serv
shall be designated as nonsmoking areas.
(e) It is a defense to prosecution under this section that the food
(1)An establishment which has indoor seating arrangements for less
(2) An establishment in which more than seventy (70) percent of its
the sale of alcoholic beverages; or
Denton, Texas, Code of Ordinances
Page 3 of 4
Subpart A - CODE OF ORDINANCES
Chapter 14 - HEALTH AND HUMAN SERVICES
ARTICLE IV. - SMOKING
(3) A physically separated bar area of a food establishment otherwise regulated.
(f) The owner or person in control of an establishment exempted from
by subsection (e) of this section who chooses not to designate a
sign near the main entrance to the establishment with the words "Smoking P
"Nonsmoking Areas Not Available" or similar language to indicate
provided.
(g) It shall be unlawful for any person to smoke or possess a burning tobacco, weed or other plant
product in an area of a food establishment designated as nonsmok
(Code 1966, §§ 13-53, 13-54)
Sec. 14-90. - Penalties.
It shall be unlawful for any person to violate any provision of this article, and upon
person shall be punished as provided in section 1-12 of this Code.
(Code 1966, § 13-55)
(35)
State Law reference
Smoking in certain public places, V.T.C.A., Penal Code § 48.01. (Back)
Denton, Texas, Code of Ordinances
Page 4 of 4
CITY OF DENTON CITY COUNCIL MINUTES
August 6, 2012
Joint Meeting of the City of Denton City Council and the Planning and Zoning Commission on
Monday, August 6, 2012 at 11:30 a.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Gregory, Council Member Engelbrecht, Council Member
Roden, Council Member Watts, Mayor Pro Tem Kamp, and Mayor Burroughs.
ABSENT: Council Member King
All Planning and Zoning Commission members were present with the exception of Thom Reece.
1.Call to order; announce quorum, introductions.
Mayor Burroughs called the City Council meeting to order and announced a quorum of the
member were present.
Chairman Thomas called the Planning and Zoning Commission to order and announced a
quorum of the members were present.
2.Receive a report, hold a discussion and give staff direction regarding an update on the
City’s development review process, including challenges to in-fill and redevelopment
projects.
City Manager Campbell stated that he appreciated everyone taking time to attend the meeting.
The intent was to talk about the development process, obstacles to address and how to define the
process.
Fred Greene, Assistant City Manager, stated that this was the next logical step to be taken for a
review of the development process. Complaints unique to Denton would be considered. The
process had been reviewed over and over again. A Developers Review Committee had been
operating for several years and had provided 33 recommendations to implement to improve the
process. Most of those recommendations had been implemented. Staff reviewed the 2002
Zucker Study that made 56 recommendations and those also had been implemented except for
three that were impractical. It was felt that there were not too much more that could be done
with the process. The question was “What then was the problem?” It was felt that it was
imbedded in the Denton Development Code itself. The Code had primarily been written for
greenfield development and did not accommodate infill and redevelopment. Denton was
currently experiencing infill and redevelopment more than greenfield development.
Mark Cunningham, Director of Planning and Development, presented the outline of the
discussion. Background would cover (1) DRC purpose and composition; (2) code and process
amendments; and (3) Zucker System Report and recommendations. The current issue would be
discussed in terms of (1) development difficulties in Denton, (2) infill development and proposed
improvements; (3) development fees, and (4) infill/redevelopment incentives. The final area of
discussion would be staff recommendations.
The Development Review Committee (DRC) was comprised of various representatives from
several city departments. DRC reviewed, evaluated and analyzed all development projects to
ensure consistency with the goals and objectives of the Denton Plan, the Denton Development
City of Denton City Council Minutes
August 6, 2012
Page 2
Code (DDC) and all other applicable codes, regulations, laws and policies that governed
subdivision platting and the development of real property within the City. Primary reviewers
evaluated and analyzed those elements of a proposed development plan that were standard and
rudimentary. Primary reviewers included representatives from DRC Engineering, Planning, Fire,
DME and Building Inspections. Secondary reviewers evaluated and analyzed those elements of
the proposed plan that were important, but did not occur on a regular basis. Representatives for
secondary reviewers included Denton Municipal Airport, Denton County, City Attorney’s
Office, Watershed Protection, Economic Development, Parks & Recreation, Real Estate, and the
Police Department.
Development Review Process Improvements – during recent years, several improvements had
been made to the City’s development plan intake, distribution and review process. Forty six of
these improvements were identified. Some of those improvements included staffing, DDC Code
amendments, ProjectDox and other software implementation, flow charts, Developer’s
Committee and reduction in review time. Cunningham reviewed the information from the
Zucker Systems Report.
Current Development Issues – the perception of the local developers was that it was more
difficult to develop in Denton than any other city. The main differences between Denton and
other cities were that many areas of the DDC were difficult to interpret or the wording was
ambiguous and unclear; and the DDC was difficult to apply to infill and redevelopment projects.
Infill Development – infill development tended to be more challenging than greenfield
development. There were four groups of these challenges:
1. Physical Barriers – physical site constraints often limited the feasibility of developing
infill sites.
2.Social barriers – opposition may be encountered with development of infill sites whether
or not it was justified.
3.Regulatory barriers – regulatory constraints often worked against good design, raised
roadblocks against innovation, or prevented projects that were otherwise consistent with
the character of existing communities.
4.Economic barriers – difficult sites and uncertain outcomes and time frames could reduce
developers’ economic interest in undertaking infill projects.
Infill Development Difficulties in Denton – these difficulties included: (1) Zoning, subdivision
and building codes could inadvertently preclude redevelopment or infill, (2) regulations for
parking, road design, rights-of-way, or stormwater management might prohibit or severely limit
development, (3) conflicting requirements often limited the ability to achieve permitted densities,
(4) the need for waivers or variances could slow the approval process and add cost to the
development, (5) various exactions take a toll on the cost of infill and redevelopment, especially
smaller projects and (6) the Mobility Plan and street improvement exactions were difficult to
apply in highly developed areas such as downtown.
Bryan Lockley, DRC Administrator, presented information on issues associated with Infill
Development. Some of those issues included zoning issues, specific subdivision issues; building
issues, and parking issues.
City of Denton City Council Minutes
August 6, 2012
Page 3
Lockley presented information on zoning issues associated with the Elm Street Lofts project.
Council Member Watts questioned that in a case similar to the loft issue, would a percentage of
the removal costs or price trigger the new codes to be applied or would they still be
grandfathered.
Lockley stated that if the exterior walls and roof were still there it would be a retrofit and would
not apply.
Mayor Burroughs noted that there was also a problem with a structure on two lots which was
permissible in the past but now could not do improvements because it would trigger platting.
Council Member Watts stated that parking sometimes had counterproductive policies. There
might be restrictions for non-preamble parking but not allow parking on the street. He
questioned where the parking standards came from.
Lockley stated that they were based on need. Actual users had their own standards already
during peak time which often did not meet city standards.
Chairman Thomas stated that other cities had minimums while Denton had a maximum.
Lockley stated that Denton’s code requirements had minimum and maximum. A developer had
to provide for the minimum but couldn’t exceed the maximum. Other cities typically had a
range rather than a minimum and a maximum and that range was within the market standard. A
balance was needed between the needs on the site and what the desires of the city might be.
Council Member Watts questioned if parking standards applied across the zoning classifications
or if different environments had different standards.
Lockley stated that it was applied as one size fit all.
Council Member Gregory stated that the standards would apply whether in the Downtown area
or a greenfield area.
Lockley replied correct. The standards usually were applied when platting but that may kick in
other exactions which the property owner might be required to provide the City such as right-of-
way dedication, etc.
Lockley presented information on building code issues such as the International Building Code
and International Fire Code requirements to redevelop older structures. Another building issue
was redevelopment of older commercial structures for a permitted use under the Denton
Development Code.
Mayor Burroughs felt that a problem was that the Code forced a structure to remain at the lowest
level but trying to improve it made it economically impossible to do.
City Manager Campbell stated that it could significantly reduce the uses; an expansion could be
done or do a different use that would not trigger those issues.
City of Denton City Council Minutes
August 6, 2012
Page 4
Cunningham stated that another issue raised by the developers was that the development fees
were too high to develop in Denton. He presented statistics on the fee comparison for various
area cities. Areas reviewed were pre-application, zoning, SUP, ZBA, variance, final plat,
preliminary plat, demolition permit, clearing and grading, and plan review.
Council Member Watts stated that with the plan review fees for other cities, those might have
separate fees for engineering fees, etc.
Cunningham stated that was correct and staff might not know what was included in those fees.
Council Member Gregory stated that staff prepared a gas well fees comparison to actual costs
and questioned if the same was done for the Planning fees.
Cunningham stated that this was not a cost for service analysis. It could be done but he felt that
in order to be competitive, cities tried to offer a competitive fee instead of a cost for service fee.
City Manager Campbell stated that some cities only do what the market might bear and in some
instances was lower than the actual cost of the service.
Cunningham continued with a comparison of utility fees which included water tap fee, water
impact fee, sewer tap fee and sewer impact fee for a ¾ inch, 1 inch, 4 inch, and 6 inch service
line.
Council Member Watts asked about the standard used to set the fees.
PS Arora, DRC Engineering Administrator, stated that they were full calculations and every five
years the study was done again.
The Council and Commission discussed infill projects and the related impact fees.
Cunningham continued with a comparison of park dedication fees.
Emerson Vorel, Director of Parks and Recreation, reviewed what was done with the park
dedication fees. The numbers that were established for the park development fee were based on
$208,000 to construct a park. That was a 1998 park which had not been updated and really did
not meet the cost.
Council Member Watts stated that there was a regulation on a park dedication fee and maybe on
a park development fee that those monies had to be used within a certain radius.
Vorel stated that they had to be used within a mile of where the fees were generated.
Mayor Pro Tem Kamp stated that with infill and redevelopment the money could be used for a
smaller park rather than a five acre park which was what they were trying to establish.
Council Member Gregory stated that there was a need to broaden the thinking about parks that
green space was still needed but consider where that was applied.
City of Denton City Council Minutes
August 6, 2012
Page 5
Commissioner Thomas felt that some of the city’s fees were high. In some cities a developer
could pay a fee and have a day to get their permits done. Different departments had criteria
manuals did not coincide and he felt that made for a difficult situation.
Cunningham presented infill/redevelopment incentives that could be considered and
implemented in Denton.
1. Amendment to the City’s infill overlay districts. The amendment would revise the City’s
Special Purpose District to encourage redevelopment and revitalization.
2. Flexible Code standards – this amendment would eliminate overly burdensome,
inflexible or restrictive design requirements that might serve as a deterrent to those considering
infill and redevelopment. This may be addressed through the use of a form-base code.
Mayor Burroughs stated that each property was so unique that there was a need to have that type
of flexibility.
Council and Commissioners discussed the aspects of neighborhood concerns relative to infill.
Council Member Watts stated that during the process, neighborhood concerns would have to be
worked out with these competing interests and have to have consensus among the differing
groups either via a neighborhood or small area groups.
Council Member Watts left the meeting.
Mayor Burroughs suggested mentioning the various incentives but not go through each one in
detail.
3.Land assembly – it was felt that this was not seen as a general policy and should not be
put in the incentives. The Council and Commissioners agreed to not include this incentive.
4. Density bonuses – Mayor Burroughs stated that this might work in limited places but not
in a residential area. It was a useful tool. Consensus was to include this incentive.
5. Sales tax rebates – consensus was to put this incentive in the proposal to look at and to
have staff provide examples.
6. Property tax abatement – consensus was to put this incentive in the proposal and to have
staff provide examples.
7. Reduced impact fees – consensus was to consider this as a goal.
8. Reduced fees – consensus was to consider this option.
9. Fast track permitting – Mayor Burroughs suggested having an engineer and planner who
just worked on redevelopment planning and not take away from other issues.
City of Denton City Council Minutes
August 6, 2012
Page 6
Mayor Pro Tem Kamp stated that she would like to look at both #9 and #10 for flexibility in the
program.
Council Member Engelbrecht stated that he would like to know what it would take for staff to do
both scenarios.
Council Member Roden questioned how the consultant would look at the Code combined with
the Denton Plan.
Cunningham stated that to ensure review of all regulations, staff would work together with the
consultant.
Council Member Roden requested a report relating to the Trakit system and what information
was available to the public.
Mayor Burroughs felt it was good to have an outside view of the procedures and an outside
perspective. He would encourage a creative element when reviewing the procedures.
Mayor Burroughs left the meeting.
Council Member Gregory suggested a follow up meeting with the consultant in the next three
months and have staff provide the backup materials beforehand so that Council could digest the
information and talk with the consultant about it.
Commissioner Thomas stated that he appreciated getting together with Council as the Planning
and Zoning Commission had looked at infill three other times and were now encouraged to see
Council involved
4.Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the
City Council or the public with specific factual information or recitation of policy, or
accept a proposal to place the matter on the agenda for an upcoming meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of
community interest regarding which no action will be taken, to include: expressions of
thanks, congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or other citizen; a
reminder about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or sponsored
by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the
municipality; or an announcement involving an imminent threat to the public health and
safety of people in the municipality that has arisen after the posting of the agenda.
There were no items suggested by Council.
With no further business, the Council and Planning and Zoning Commission meeting was
adjourned at 1:45 p.m.
City of Denton City Council Minutes
August 6, 2012
Page 7
_______________________________
MARK A BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
August 7, 2012
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, August 7, 2012 at 3:00 p.m. in the Council Work
Session Room at City Hall.
PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht,
Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden
ABSENT: Council Member King
1. Citizen Comments on Consent Agenda Items
There were no comments from citizens on the Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for August 7, 2012.
Mayor Burroughs pulled Consent Agenda Item 3G for separate consideration due to a conflict of
interest.
Council Member Roden questioned if the contract for Consent Agenda Item 3F was different
from the contract done last year. He felt this new contract dealt with the determination of
possible routes.
Phil Williams, DME General Manager, stated that the contract last year dealt with obtaining land
rights while this new contract dealt with determining a route.
Council Member Roden asked if the contract would remain open until all the processes were in
place.
Williams replied correct.
Council Member Gregory stated that only two public meetings were anticipated. Depending on
the route, could there be an amendment to the contract if more meetings were needed.
Williams stated that the contract could be amended if needed.
Council Member Gregory asked about the purchase of the property associated with Consent
Agenda Item K.
Williams stated that originally only an easement was wanted but staff determined that the entire
site could be used for a future substation site.
Mayor Pro Tem Kamp asked if Consent Agenda Item D was an amendment to the current
agreement.
City Manager Campbell stated that it was approval of the agreement discussed earlier.
3. Receive a report, hold a discussion, and give staff direction to commence the update of
the Denton Comprehensive Plan with the consultant, Wallace, Roberts, and Todd, LLC,
City of Denton City Council Minutes
August 7, 2012
Page 2
to perform the services and fulfill their contractual obligations, terms and conditions.
Brian Lockley, Development Review Committee Administrator, stated that Thursday night
would be the start of the comprehensive plan update. A public meeting would be held at the
Center for Visual Arts with the public invited to attend to find out information about the update.
It was thought that the activities would last about 18 months with the public invited to participate
all throughout the process. A citizen committee would be developed to assist with the process.
John Fernsler, Wallace, Roberts and Todd, presented information on the various aspects of the
team members. A comprehensive plan overview consisted of what was a comprehensive plan
and why was an update needed. The planning process had 5 distinct phases. The first phase was
project organization and mobilization. Phase 2 dealt with issues identification, existing
conditions and trends. Phase 3 dealt with framing the vision, Phase 4 dealt with the
comprehensive plan development and Phase 5 considered the draft and final plan review with
revisions for the final plan adoption. He indicated that the following were key players in the
involvement of the update: Denton citizens, Denton City Council, the Planning & Zoning
Commission, Denton Planning Department, other city Departments/Technical Advisory
Committee, community stakeholders, and the Planning Consultant Team.
Roles and Responsibilities included developing a community stakeholders/citizens advisory
committee that would act in an advisory role to Council, representing a broad community
interest, modeling community consensus, encouraging others to participate, promoting citizen
ownership to ensure buy-in. He also reviewed the qualities of an effective citizen advisory
committee as well as the consultant team’s roles and responsibilities.
In terms of getting to success and what was wanted to achieve with the Denton 2030 plan these
issues were important: a vision statement that reflected community's values, an economically
viable Preferred Growth Concept that could realize the visions, an effective implementation
strategy to guide decision making and performance measures to monitor implementation
programs.
Nancy Templeton, Wallace, Roberts and Todd, reviewed the public engagement objectives and
the strategies for public engagement. The next step would be to retain and build on the Denton
Plan Principles Vision Statement. She reviewed requisites for implementation which would
incorporate flexibility, monitoring and feedback. Measuring progress would be done with an
annual report, a five-year evaluation, and indicators for success and growth tracking.
Council Member Gregory questioned what measure would be used to measure success.
Fernsler stated that they would not be using a percentage number. The critical objective would
involve where people lived, what was their interest, etc.
Council Member Roden asked if the citizen committee would be using any of the city’s boards
and commissions to help with the recommendations.
Fernsler stated that they could be used as a sounding board to help with the assignments. Staff
would be bringing back in the near future, the criteria on selection of members, whether to use
board and commission members and the number of members.
City of Denton City Council Minutes
August 7, 2012
Page 3
Mayor Burroughs stated that he was interested in a preferred growth plan as there were differing
definitions on growth.
Lockley stated that they had already outreached to neighboring communities and regional places.
With the preferred growth model staff would look at existing assets, determine if there was a
need to make any changes and determine how much change was needed.
Mayor Pro Tem Kamp asked about sustainability and how it would look with this process.
Lockley stated that several items would be incorporated and sustainability would be an element
of the plan.
4. Receive a report, hold a discussion, and give staff direction regarding amending
Subchapter 35.12 of the Denton Development Code regarding allowing accessory
structures to be located in the side yards of kindergarten, elementary, middle and high
schools. The Planning and Zoning Commission recommends approval (7-0).
Mark Cunningham, Director of Planning and Development, stated that several months ago
Council discussed allowing an accessory structure for the Denton City County Day School. He
reviewed the current code requirements which prohibited accessory structures in front or side
yards. A proposed amendment to Code would allow such structures in the side yards to include
kindergarten, elementary, middle, and high schools. Staff was also proposing conditions that
were intended to mitigate potential negative impacts that may result from this amendment.
Mayor Burroughs asked about lot coverage usage and the effect if the structure was not
impervious. If nothing was underneath the structure such as a concrete slab would that disallow
the structure?
Cunningham stated that if the area were pervious, the regulations would not apply.
Council Member Watts left the meeting.
Cunningham stated that staff was recommending a cap on residential use so as to not allow a
structure was that too large for the lot. The cap would not apply for a residential lot with an
agriculture exemption use.
Mayor Burroughs felt that the lot size should be considered as some areas of city had significant
pieces of property that might want to put an accessory structure on it.
Cunningham stated that they recognized that and were trying to be mindful of where such an
amendment might create a violation of the Code. He felt there would be an allowance for some
type of variance as there was no way to encompass every scenario that might happen.
Council Member Engelbrecht stated that the Planning and Zoning Commission discussion felt
that an option to go to the Zoning Board of Adjustment was needed in the ordinance.
City of Denton City Council Minutes
August 7, 2012
Page 4
Cunningham stated that was not specifically called out in the proposed language but would be
placed in the ordinance later. The current proposed language was trying to get the Code
amendment completed for the City County Day School.
Council Member Engelbrecht stated that the agenda notice did not have any mention regarding
the residential areas.
Cunningham stated that #2 of the proposals could be excluded from the ordinance.
City Attorney Burgess stated that removing #2 would solve the problem regarding the notice and
would allow Council to proceed for the day school problem.
Council Member Roden stated that the wording did not address preschool.
City Attorney Burgess stated that language could be included for a preschool if desired.
Cunningham stated that currently there was no definition for preschool in the Denton
Development Code. It was felt that the definition was broad enough to that situation.
Consensus of the Council was to move forward with the ordinance removing #2 portion of the
proposal.
5. Receive a report, hold a discussion and give staff direction regarding Board and
Commission nominations, ad hoc committee nominations, and council committee
nominations.
Jennifer Walters, City Secretary, presented Council with the positions on the boards and
commissions that were eligible for nominations. She noted that the nominations presented at the
meeting would be considered at the Regular Meeting this evening.
Council provided the nominations they had ready for consideration at this meeting.
Council also discussed Council committees and any suggested changes to the membership of
those committees.
Council Member Roden noted that he would like to serve on the Committee on the Environment.
He had spoken with Council Member Watts who did not have any objections to the change.
Mayor Pro Tem Kamp indicated that Council Member Engelbrecht would like to serve on the
Convention and Visitors Bureau. She did not have an objection to the change.
6. 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.
Council did not have any questions or comments regarding the budget.
City of Denton City Council Minutes
August 7, 2012
Page 5
Following the completion of the Work Session, the Council convened in a Closed Session to
discuss the following:
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1.Consult with the City's attorneys regarding the present status of pending
litigation styled: The City of Denton, Texas v. The University of North
Texas, Cause No. 2008-20043-158, now pending before the 158th Judicial
District Court of Denton County, Texas, having been remanded to the trial
court by the Fort Worth Court of Appeals for further proceedings; 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 Bar of Texas.
2.Consult with the City's attorneys regarding the status and possible
resolution of pending litigation styled Steen v. Langford, et al., Cause No.
CV-2010-00528, now pending before the County Court at Law #2,
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 Bar of Texas.
B.Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071; Deliberations regarding Certain Public Power Utilities Competitive
Matters - Under Texas Government Code Section 551.086.
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition of fee lands for public purposes
situated in the T.M. Downing Survey, Abstract Number 346, the M.E.P. &
P.R.R. Company, Abstract Number 927, and the M.E.P. & P.R.R.
Company, Abstract Number 1475, all in the City of Denton, Denton
County, Texas; and consultation with the City's attorneys regarding legal
issues associated with the acquisition or condemnation of the tracts
referenced above where a public discussion of these legal matters would
conflict with the duty of the City's attorneys to the City of Denton and
Denton City Council under the Texas Rules of Disciplinary Conduct of
the State Bar of Texas, or would jeopardize the City's legal position in any
administrative proceedings or potential litigation.
C.Deliberations regarding Personnel Matters - Under Texas Government Code
Section 551.074.
City of Denton City Council Minutes
August 7, 2012
Page 6
1.Deliberate and discuss the appointment and duties of public officers to
boards or commissions exercising discretionary or rule making power as
opposed to purely advisory powers, which includes without limitation the
Health and Building Standards Commission, the Historic Landmark
Commission, the Planning and Zoning Commission, and the Zoning
Board of Adjustment.
D.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 form of a
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.
E.Consultation with Attorney - Under Texas Government Code Section 551.071;
Deliberations regarding Economic Development Negotiations - Under Texas
Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues on matters
regarding the leasing of land and financing of a City facility on University
of North Texas property located at I-35 and North Texas Boulevard where
such discussion presents a conflict between the duty of the City's attorneys
to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas and the provisions of the
Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
Also hold a discussion regarding the leasing of land and financing of a
City facility on University of North Texas property located at I-35 and
North Texas Boulevard, including financial information related to such
activities from a business prospect.
F.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 certain real property
interests located (1) in the O.S. Brewster Survey, Abstract No. 56, located
generally in the 1700 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 South Bonnie Brae Street, all
property interests within the City of Denton, Texas. Consultation with the
City's attorneys regarding legal issues associated with the potential
acquisition of the real property interests described above where a public
City of Denton City Council Minutes
August 7, 2012
Page 7
discussion of these legal matters would conflict with the duty of the City's
attorneys to the City of Denton and the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or
would jeopardize the City's legal position in any administrative
proceeding or potential litigation.
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 M.E.P. & P. R.R. Co. Survey, Abstract No.
1469, located generally in the 1500 block of North Mayhill Road; and (2)
in the M.E.P. & P. R.R. Co. Survey, Abstract No. 927, located generally
in the 1000, 1100 and 1200 blocks of South Mayhill Road, all property
interests within the City of Denton, Texas. Consultation with the City's
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 City's attorneys to
the City of Denton and the City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any administrative proceeding or
potential litigation.
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
There were no proclamations/presentations for this meeting.
3. CONSENT AGENDA
Mayor Burroughs noted that Item G would be pulled for separate consideration.
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item G. On roll call
vote: Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor
Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Approved the re-appointment as noted below.
A. Consider the re-appointment by the City Manager of Paul Abbott to the Civil
Service Commission.
City of Denton City Council Minutes
August 7, 2012
Page 8
Resolution No. 2012-022
B. Consider approval of a resolution allowing the Denton Black Chamber of
Commerce to be the sole participant allowed to sell alcoholic beverages at the
Blues Festival on September 15 - 16, 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. The Parks, Recreation and
Beautification Board recommends approval (4-0).
Approved the noise exception listed below.
C. Consider a request for an exception to the Noise Ordinance for the purpose of the
14th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of
Commerce. The event will be held in Quakertown Park on Saturday, September
15, 2012, from 1:00 p.m. to 10:30 p.m. and Sunday, September 16, 2012, from
1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of
operation for amplified sound on Saturday from 10:00 p.m. until 10:30 p.m. and
for amplified sound on Sunday. The amplified sound will not go above the
allowable 70 decibels for an outdoor concert.
Ordinance No. 2012-157
D. 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 Firefighters Association and providing an effective date.
Ordinance No. 2012-158
E.Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract with the Houston-Galveston Area
Council of Governments (H-GAC) Contract FS12-11 for the acquisition of a
Pierce Velocity Custom Pumper Truck EP/357 for the City of Denton Fire
Department; and providing an effective date (File 4992 - Pumper Truck for Fire
Department awarded to Siddons-Martin Emergency Group in the amount of
$543,503).
Ordinance No. 2012-159
F.Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement by and between the
City of Denton, Texas and POWER Engineers, Inc. for Electric Design and
Engineering Services pertaining to a Transmission Line Routing Study and
Environmental Assessment Study for Reconstruction of the Hickory Substation to
Locust Substation Transmission Line for Denton Municipal Electric; authorizing
the expenditure of funds therefor; and providing an effective date (File 4995 in an
amount not-to-exceed $215,515). The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2012-161
H.Consider adoption of an ordinance accepting competitive bids and awarding a
Four Year Contract for the purchase of Electric Polyvinyl Chloride (PVC)
Conduit, Fittings and Accessories for Denton Municipal Electric; providing for
the expenditure of funds therefor; and providing an effective date (Bid 4976 -
City of Denton City Council Minutes
August 7, 2012
Page 9
Four Year Contract for Electric PVC Conduit, Fittings and Accessories awarded
to the overall lowest responsible bidder meeting specification Techline, Inc. for
an annual estimated expenditure of $165,000 and a four year estimated total of
$660,000).
Ordinance No. 2012-162
I. Consider adoption of an ordinance accepting sealed proposals and awarding a
contract for Mowing Services for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (RFP 4942 -
Annual Contract for Mowing Services awarded to the best valued proposer for
each section for an annual estimated expenditure of $268,982.00).
Ordinance No. 2012-163
J. Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute a water main pro-rata reimbursement
agreement between the City of Denton, Texas and Mary Bess Miller for
reimbursement of the costs of building a water main, through pro-rata charges
paid to the city; authorizing the transfer of funds pursuant to the agreement; and
providing an effective date. The Public Utilities Board recommends approval (5-
0).
Ordinance No. 2012-164
K. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire fee simple to a 3.480 acre tract located in the M.E.P. and P.R.R. Co.
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 East McKinney Street (the "Property Interests"), for the
Public use of expanding and improving electric utilities; 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 Three Hundred Twenty Six Thousand,
Two Hundred Eight Dollars and No Cents ($326,208.00), and other
consideration, as prescribed in the Contract of Sale (the "Contract"), as attached
thereto and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; authorizing relocation expenditures; repealing prior ordinance
related to offer to purchase an easement from Owner (2012-079); and providing
an effective date. (69kV Transmission Line Rebuild Project - Parcel P7)
Ordinance No. 2012-165
L. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a professional services agreement (PSA) with Teague, Nall, and
Perkins, Inc. for engineering services relating to the Downtown Master Drainage
Plan; and providing for an effective date (RFQ 4935 - awarded to Teague, Nall,
and Perkins, Inc. in the amount of $103,900).
Ordinance No. 2012-166
M. Consider adoption of an ordinance authorizing the execution of a Purchase
Agreement (herein so called), by and between John Staples Shockley, as
Independent Executor of the Estate of Eliza T. Shockley, deceased, as owner, and
City of Denton City Council Minutes
August 7, 2012
Page 10
the City of Denton, Texas, as buyer, regarding the sale and purchase of (i) fee
simple to a 0.74 acre tract; (ii) a utility and slope easement encumbering a 0.13
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. Tompkins Survey, Abstract No. 1246, City of
Denton, Denton County, Texas, as more particularly described in the Purchase
Agreement, located generally in the 1800 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 One Hundred
Sixty One Thousand, Nine Hundred Seven Dollars and No Cents ($161,907.00),
and other consideration, as prescribed in the Purchase Agreement; authorizing the
expenditure of funds therefor; and providing an effective date.
Ordinance No. 2012-167
N. Consider adoption of an ordinance authorizing the execution of a Purchase
Agreement (herein so called), by and between Jean M.G. Tunnell, formerly
known as Jean M. Goodson, as owner, and the City of Denton, Texas, as buyer,
regarding the sale and purchase of (i) fee simple to a 0.08 acre tract; (ii) a utility
and drainage easement encumbering a 0.04 acre tract; and (iii) a drainage
easement encumbering a 0.27 acre tract, all situated in the O.S. Brewster Survey,
Abstract Number 56, City of Denton, Denton County, Texas, as more particularly
described on Exhibit "A" to the Purchase Agreement, 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, for the purchase price of Three Thousand Nine Hundred Seventeen
Dollars and No Cents ($3,917.00), and other consideration, as prescribed in the
Purchase Agreement; authorizing the expenditure of funds therefor; and
providing an effective date.
Ordinance No. 2012-168
O. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire (i) a utility and slope easement encumbering a 0.02 acre tract and a
0.03 acre tract, and (ii) a temporary construction, grading and access easement,
encumbering a 0.06 acre tract and a 0.02 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 1700
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 Bettye L.
Martin to purchase the Property Interests for the purchase price of Seven
Thousand Sixty Nine Dollars and No Cents ($7,069.00), 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.
City of Denton City Council Minutes
August 7, 2012
Page 11
Ordinance No. 2012-169
P. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire (i) fee simple to a 7.36 acre tract; (ii) a slope easement encumbering
0.33 acres; (iii) a drainage easement encumbering 1.35 acres; and (iv) a
temporary construction, grading and access easement encumbering 0.03 acres, all
lands located in Denton County, Texas, and situated in the James Edmonson
Survey, Abstract Number 400, as more particularly described on Exhibit "A",
attached to the ordinance, located generally in the 3100 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 Jack Arlyn Parkes and wife,
Betty Parkes to purchase the Property Interests for the purchase price of Two
Hundred Fifty Five Thousand One Hundred Sixteen Dollars and No Cents
($255,116.00), 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.
Ordinance No. 2012-170
Q. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire (i) fee simple to a 0.216 acre tract; and (ii) a temporary construction,
grading and access easement, encumbering a 0.152 acre tract, all tracts located in
the M.E.P. & P.R.R. Co. Survey, Abstract Number 1469, City of Denton, Denton
County, Texas, as more particularly described on Exhibit "A", attached to the
ordinance, located generally in the 1500 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 Jerry M. Kelsoe to purchase the Property Interests
for the purchase price of Two Hundred Ninety Nine Thousand Seven Hundred
Ninety Six Dollars and No Cents ($299,796.00), 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; authorizing relocation expenditures; and providing an effective
date.
Mayor Burroughs left the meeting with a conflict of interest.
Item G was considered.
Ordinance No. 2012-160
G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement with Sawko &
Burroughs, LLP, for professional services related to collection of delinquent taxes
on behalf of the City of Denton; and establishing an effective date.
Council Member Gregory questioned the collection rate in the past year for performance.
City of Denton City Council Minutes
August 7, 2012
Page 12
Bryan Langley, Chief Finance Officer, stated that the collection rate in the contract was 60% and
the firm had exceeded that amount to around 61-62%.
Council Member Engelbrecht motioned, Council Member Roden seconded to adopt the
ordinance. On roll call vote: Council Member Gregory, Council Member Engelbrecht, Mayor
Pro Tem Kamp, Council Member Roden – “aye”. Motion carried unanimously.
Mayor Burroughs returned to the meeting.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointments to Council committees.
City Manager Campbell stated that Council had discussed Council appointments to their
committees during the Work Session.
Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to approve the
appointments as noted during the Work Session. On roll call vote: Council Member Gregory,
Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member
Roden – “aye”. Motion carried unanimously.
B. Consider nominations/appointments to the City's Boards & Commissions.
Council considered the nominations presented during the Work Session for the following Boards
and Commissions:
1. Airport Advisory Board
2. Animal Shelter Advisory Committee
3. Community Development Advisory Committee
4. Health & Building Standards Commission
5. Historic Landmark Commission
6. Human Services Advisory Committee
7. Library Board
8. Parks, Recreation and Beautification Board
9. Planning and Zoning Commission
10. Public Art Committee
11. Public Utilities Board
12. Traffic Safety Commission
13. Zoning Board of Adjustment
Council Member Roden motioned, Mayor Pro Tem Kamp seconded to approve the nominations
as presented in the Work Session. On roll call vote: Council Member Gregory, Council Member
Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion
carried unanimously.
City of Denton City Council Minutes
August 7, 2012
Page 13
Resolution No. R2012-023
C. Consider approval of a resolution of the City Council of the City of Denton,
Texas placing a proposal on the September 11, 2012, City Council public
meeting agenda to adopt a 2012 Tax Rate that will exceed the lower of the
rollback rate or the effective tax rate; calling two public hearings on a tax
increase to be held on August 21, 2012, and August 28, 2012, and calling a
budget public hearing on the Fiscal Year 2012-13 Annual Program of Services
of the City of Denton to be held on August 21, 2012; requiring publication of a
notice of the public hearings in accordance with the law; requiring the posting of
the notice of the public hearings on a tax increase on the City's Internet website;
requiring the posting of the notice on the City's public access channel; and
providing an effective date.
Bryan Langley, Chief Financial Officer, presented the details of the item. The Texas Property
Code required taxing units to comply with specific guidelines in adopting tax rates. These were
known as truth-in-taxation guidelines. The Tax Code mandated the rates be published in several
notices and the holding of several hearings. The rates were published in Denton Record-
Chronicle. The proposed tax rate was the same rate as the current tax rate. Although there was
no tax rate increase proposed the proposed rate was higher than the calculated effective tax rate
st
thus triggering the need for certain notices. Public hearings would be held on August 21 and
thth
28 with a final vote on the tax rate on September 11. Per the Charter and Local Government
th
Code a public hearing on the budget would also be held on September 11.
Mayor Burroughs noted that the proposal was not changing the tax rate and due to the fact that
the average homeowner appraised values were slightly less, the overall impact meant the
homeowner would pay slightly less.
Langley stated that was correct and that information would be included in the notice.
Council Member Gregory motioned, Council Member Engelbrecht seconded to approve the
resolution. On roll call vote: Council Member Gregory, Council Member Engelbrecht, Mayor
Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried
unanimously.
Ordinance No. 2012-171
D. Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute an agreement among and between the
City of Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas and
the City of Greenville, Texas regarding prepayment of fixed cost power
purchase payments to be paid to the Texas Municipal Power agency; and
providing an effective date. The Public Utilities Board recommends approval (6-
0).
Phil Williams, DME General Manager, presented the details of the proposal. He stated that in
the past when member cities of TMPA wanted to change TMPA’s debt structure, they had to act
together, executing a single transaction allocated by ownership share. As each city had differing
financial needs, it was difficult to find a single transaction which met every city’s needs. TMPA
City of Denton City Council Minutes
August 7, 2012
Page 14
staff, working with the member city utility directors, developed a mechanism to let each city
manage their portion of TMPA’s debt service individually, without impacting the other cities.
This was done through the use of escrow accounts. An agreement between the member cities
was required to allow the use of the escrow accounts. Only Greenville was planning a 2013
transaction at this time.
Council Member Engelbrecht motioned, Council Member Roden seconded to adopt the
ordinance. On roll call vote: Council Member Gregory, Council Member Engelbrecht, Mayor
Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried
unanimously.
5. PUBLIC HEARINGS
A. Hold a public hearing concerning the proposed $20.4 million Bond Election to
be held on November 6, 2012, and project recommendations developed by the
Citizens Bond Advisory Committee.
Bryan Langley, Chief Financial Officer, presented information on the bond election. He stated
that to address the quality of streets in Denton, Council had been discussing the holding a bond
election in November. The Council created a Citizens Bond Advisory Committee to provide
recommendations on projects to be financed with General Obligation bonds. The Committee
focused on street conditions that had an Overall Condition Index value of 40 or less and initiated
a public information campaign in May for public input on which streets to consider. A public art
component was included in the bond issuance which the Bond Committee endorsed. The bond
sale would be $20 million for streets and $400,000 for public art with no tax rate increase
associated with the bond program. The ordinance calling the election would be considered at the
th
August 14 meeting. This meeting provided another opportunity for citizen comment on the
bond program.
The Mayor opened the public hearing.
Stuart Morehead, 1335 Ruidosa Court, Denton, 76205 felt that art was important to the culture of
Denton. A 2006 resolution put public art in with any bond proposition. He felt that the public
art component could be presented to citizens in several ways. It could be a single item for streets
bundled with art or a single proposition for streets and a single proposition for arts. He was
concerned if the two were bundled together people not interested in art would vote down the
funds for the streets repairs. He recommended the funding be a separate line item on the ballot to
vote separately for the street package and separately for art. That would eliminate the possibility
of a vote against streets because the art component was not understood.
The Mayor closed the public hearing.
Council Member Gregory stated that he was out of town for the last meeting when Tim Crouch
presented information from the Bond Committee. He wondered if Mr. Crouch had anything to
add regarding the ballot wording.
Mayor Burroughs stated that Mr. Crouch could speak to Council if Council so desired.
City of Denton City Council Minutes
August 7, 2012
Page 15
Consensus of the Council was to hear from Mr. Crouch.
Tim Crouch, Co-Chair of the Bond Committee, stated that the Committee looked very seriously
at two propositions and was unanimous in its vote with no negative discussion regarding a single
proposition.
Council Member Roden asked if there was any sense of strategy involved with one proposition.
Crouch stated that the consensus was that if public art was not streets related it would need to be
a separate proposition but when the Public Art Committee proposed that the public art be tied to
streets, it was acceptable for one proposition. If the Art Committee had wanted something else
then there would have been a recommendation for two separate propositions.
Council Member Roden asked if the vote for a final decision would be a public hearing.
City Attorney Burgess stated the item was scheduled for the 14th as an action item depending on
what council directed for ballot wording.
Council Member Roden stated if there was a need for further Council discussion on the issue
regarding one versus two propositions, the time for that discussion was now.
City Attorney Burgess stated that staff might have drafts in both fashions if Council decided to
change direction.
Mayor Burroughs suggested that the language be such to have up to $400,000 for public art in
case funds were received from other entities to help with the project.
Council Member Engelbrecht stated that public art was being suggested to be placed on
roadways and embellishments for the over/under passes on I35. Those served a purpose for
potential tourists to help with the image of the City along entryways to the City.
Mayor Pro Tem Kamp stated that $400,000 was not the complete cost for the enhancements.
There would be cost sharing with TxDOT and possibly other entities. This would be seed money
to get more projects for the dollars.
Council Member Gregory questioned what would be allowable and what would not be allowable
for employee participation in the bond election and questioned the Council role in the bond
election. He asked for information on what was appropriate and what was inappropriate for
Council’s ethical responsibilities.
No action was required by Council on this item.
Ordinance No. 2012-172
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding amending Subchapter 35.12 of the Denton
Development Code regarding allowing accessory structures to be located in the
side yards of kindergarten, elementary, middle and high schools; and providing
City of Denton City Council Minutes
August 7, 2012
Page 16
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 (7-0).
Mark Cunningham, Director of Planning and Development, presented the details regarding the
proposal. There had been a question regarding the content of the listing and posting on the
agenda. The ordinance had been amended to be consistent with the public hearing and he would
address only those items appropriate for the public hearing. The proposal was to amend the
Denton Development Code regarding accessory structure to allow those structures to be placed
in side yards for certain types of schools. The Denton City County Day School wanted to erect a
canopy over an existing slab for shade on the playground. Due to the definition of accessory
structure in the Code, they could not have one in the side yard except for certain conditions. The
proposal was to amend the Code to allow accessory structures on kindergarten, elementary,
middle or high school property in side yards. A setback to be in compliance with the zoning
district’s minimum side yard setback requirement would also be added. The other items
discussed in the Council’s Work Session would not be considered at this meeting in order to
maintain the posting requirements.
Mayor Burroughs noted that the exhibit attached to the ordinance needed a wording change to
state a side yard that was adjacent to a street.
City Attorney Burgess stated that the wording would be changed to “that is adjacent to a street”.
The Mayor opened the public hearing.
Amber Briggle noted that the Denton City County Day School was not a kindergarten.
Mayor Burroughs stated that the Day School qualified under the umbrella of the definition
provided in the Code.
The Mayor closed the public hearing.
Council Member Engelbrecht motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance
as amended with the ordinance and exhibit A to read as noted by City Attorney Burgess. On roll
call vote: Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp,
Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
6. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or
recitation of policy, or accept a proposal to place the matter on the agenda for an
upcoming meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
City of Denton City Council Minutes
August 7, 2012
Page 17
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 presented information relative to a trip with UNT representative and Peterbilt
to visit a city which had requested a possible sister city connection with Denton. That city had
requested that the Mayor attend with the other representatives.
Council Member Gregory noted the Open House Thursday for the Comprehensive Plan kickoff.
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.
With no further business, the meeting was adjourned at 7:49 p.m.
_____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
August 14, 2012
nd
After determining that a quorum was present, the City Council convened in 2 Tuesday Session
.
on Tuesday, August 14, 2012 at 2:30 p.m in the City Council Work Session Room at City Hall.
PRESENT: Council Member King, Council Member Gregory, Council Member Engelbrecht,
Council Member Roden, Mayor Pro Tem Kamp, and Mayor Burroughs.
ABSENT: Council Member Watts
1.Receive a report, hold a discussion and give staff direction regarding an ordinance to
amend the currently adopted 2009 International Energy Conservation Code (IECC).
Kurt Hansen, Building Official, presented information for Items 1, 2, and 3. He reviewed the
codes which were being discussed for revisions and the history of the adoption of those codes.
Staff had made a presentation to the Chamber of Commerce which resulted in five questions.
#1 What other city had adopted the 2009 codes with amendments? Of the 23 local cities
questioned, 15 had already adopted the 2009 codes and two others were in the process of
adopting them.
#2. What other cities in North Texas were on a newer code? The survey showed that 9 cities
would adopt the 2012 codes next year. The North Texas Council of Governments was currently
going through those codes.
#3. What other cities adopted a 10% or more increase in the Energy Code? Of the 23 cities
which responded to the survey, only 2 cities required more than the Energy Code. Plano
required 15% above and Frisco required Energy Star as a minimum requirement.
#4 What was the increased effective cost to the homebuilder with adoption of these changes?
Hansen presented the costs for a carbon monoxide detector with an extended cost of $100,
ArcFault circuit interrupters with an extended cost of $315.00, tamper proof receptacles with an
extended cost of $12.50 for a total increase of $427.50 for all of the proposed changes.
Council Member Gregory asked how many people attended the Chamber meeting and was it the
same people who attended the developers meeting.
Hansen stated there were about 15-20 people at the meeting. They were not the same people
who attended the other meeting.
#5 What was the effective cost of implementing the independent final Commercial Energy
rd
inspection over adding staff to complete these inspections? A survey of 3 party Energy
Inspectors showed an average cost of $500 or $.10 per square foot for a 5,000 square foot space.
To recover the cost of hiring an inspector, $.07 per square foot or $350 would be required for a
5,000 square foot space. As the project got bigger, the cost could go down.
Council Member King stated that was a cost that currently was not required.
Hansen stated that right now an independent inspection was not required. He continued that new
building codes were published every 3 years and were usually more restrictive with each new
publication. The Energy Code was especially more restrictive and more complicated with each
City of Denton City Council Agenda
August 14, 2012
Page 2
publication. The cost of building a structure with each new code adoption usually increased.
Building inspectors did and would require more time to perform thorough inspections, especially
energy inspections; and inspectors would be in constant need of training.
Mayor Burroughs asked at what point did additional requirements trigger a remodel.
Hansen stated that anything new that was added to the home, the new portion would be held to
the adopted code.
Mayor Burroughs asked if there was a best guess as to how much more time would be required
with these new regulations. He questioned if there would be delays in trying to get inspections
which could be hard on staff and the public in terms of wait time.
Hansen stated that scheduled inspections were done every day and usually done within 24 hours.
If a project was not meeting code and if it failed the inspection, the inspector came back the next
day. Education was necessary and staff provided check lists for the builders. Any builder could
get a check list from them when requested.
Council Member Gregory questioned if a re-inspection might have a different inspector and if
that inspector might find something different or an additional problem to fix.
Hansen stated that inspectors were sent to certain areas of the city for six months at a time and
staff tried to get the same inspector for every same inspection. The inspectors were rotated every
6 months to a different part of the city. Staff had regular reviews of the check lists so everyone
knew what was the same for each person.
Council Member King questioned if any of these new codes were triggered by a certificate of
occupancy or a repurchase.
Hansen stated that if just the name were changed, there would be no problem.
Council Member Engelbrecht questioned the time line with home inspections for residential
property. He did not see much additional time for the provisions of the carbon monoxide
detectors, the new receptacles and the archfault interrupters.
Hansen stated that those were more for commercial buildings rather than residential.
Council Member Gregory asked about a house that was built in the 60’s and over the years items
were replaced. If the city came out to inspect that home, what would be the legal grounds that
allowed the City to impose the current standards?
Hansen stated that the code addressed new repairs. The rest of house would not apply to the new
codes.
City Attorney Burgess stated that the City could not change the rules during a current project but
minor new projects could have the new codes applied to them.
Council Member Gregory asked if there was a substantial remodel or addition, would everything
have to be brought up to the new code.
City of Denton City Council Agenda
August 14, 2012
Page 3
Hansen stated that for residential, some reactive codes that might apply. With a commercial
building that had the same use, the codes would apply only for the new construction.
2.Receive a report, hold a discussion and give staff direction regarding an ordinance to
adopt the 2009 International Building Code (IBC), the 2009 International Residential
Code (IRC), the 2009 International Plumbing Code (IPC), the 2009 International
Mechanical Code (IMC), and the 2009 International Fuel Gas Code (IFGC) as amended
by the City.
This item was considered with Item #1.
3.Receive a report, hold a discussion and give staff direction regarding an ordinance to
adopt the 2011 National Electrical Code (NEC) as amended by the City.
This item was considered with Item #1.
4.Receive report, hold a discussion, and give staff direction regarding the proposed
adoption of an ordinance amending Chapter 29 of the Code of the City of Denton, Texas,
to provide for the adoption of the International Fire Code, 2009 Edition.
Rick Jones, Fire Marshal, stated that he also attended the Chamber meeting. The only question
he received dealt with the 1.5 miles outside the city limits. That has been removed from the
Code and everything else was the same as presented at an earlier meeting.
Council Member Gregory stated that Section 307 prohibited recreational fires within the city
limits while Section 307.5 allowed outdoor fire places.
Jones stated that recreational fires were defined differently than outdoor fire places. Recreational
fires were building a campfire in the backyard and not in an approved container.
Council Member King asked if the 10% energy of the Energy Code necessary.
Hansen stated that in his personal opinion, it was not necessary.
Mayor Burroughs asked how much more efficient was the 2012 Code.
Hansen stated that it was close to 50% with an increase in insulation and better windows and
doors. It was becoming onerous to achieve.
Mayor Burroughs asked about the difference between the 2006 and 2009 Energy Code overage.
Hansen stated that the 2009 was 12-15% better.
Mayor Pro Tem Kamp stated that Council had made the decision to move forward with that
additional requirement.
Council Member Gregory stated that even if the additional 10% increased the cost of building a
home which was passed on to the buyer, the buyer ended up using less energy. He felt it was a
win-win for everyone.
City of Denton City Council Agenda
August 14, 2012
Page 4
Council Member Roden questioned if there was a way to find out the marketability to selling a
product with a high energy rating and how much that would cost.
Hansen stated that he would provide that information.
Mayor Burroughs suggested putting that one issue out to stake holders and what the cost was to
them.
Hansen stated that requirement was already under the 2009 Code and the builders were already
paying that cost. A cost benefit analysis could be done when the city was preparing to adopt the
2012 Code.
Consensus of Council was to proceed with placing the codes on an agenda for consideration.
5. Receive a report, hold a discussion and give staff direction regarding the prioritization of
the bicycle accommodation projects.
Jim Coulter, Director of Water Utilities, stated that after the adoption of the bike plan, staff was
directed to develop a priority listing of projects. That listing included Pennsylvania Drive, UNT
to DCTA Train Station (Sycamore Street) and TWU to DCTA Train Station (unspecified). The
Pennsylvania area was not in favor of the proposed area for the bike path so the plan was
changed. Commissioner Coleman agreed to move the funds that had been dedicated to
Pennsylvania to be reallocated to a different bicycle accommodation project that was in his
precinct. The reprioritization of projects would now include: Windsor (Old North to Bonnie
Brae), Sycamore (DCTA Station to UNT), Oak and Hickory and a fourth project that as of yet
was not identified. The purpose was to find projects that were easier to accomplish and that
would not conflict with other projects. The TWU project was removed from the priority list at
this time as TWU was going through a master plan project and until it was known what the
campus would look like, Oak and Hickory would be considered. Another question asked of staff
was if there was adequate staffing to implement the bike plan. Staff looked at what other cities
did and currently it was felt that it would be difficult to find justification to fund such a position
in Denton.
Council Member Gregory felt the recommendations for reorganizing were right on. He felt that
there hadn’t been many street miles done this first year.
Coulter stated that was correct.
Council Member Gregory questioned what would be a fair measure of the progress.
Coulter stated that a consideration would be the square miles based on the available funding.
After working on the projects for several years, staff was ready to get the projects on the ground.
Council Member Gregory asked if there was a point in the projects where the Engineering would
not keep charging the bike project if it went over a certain percentage of the total cost.
Coulter stated that the Engineering Department had to recoup its costs.
City of Denton City Council Agenda
August 14, 2012
Page 5
Council Member Gregory stated that there were nine objectives in the plan and questioned who
was in charge of the other objectives.
Coulter stated that various staff members were responsible for various elements.
Mayor Pro Tem Kamp felt it was a good recommendation since the Pennsylvania project did not
work. She supported the new priorities.
Council Member Roden asked if there was a time line when TWU was going to change.
Coulter stated that TWU had discussed significant changes which they were in the middle of
right now. There was no time line at this time.
Council Member Roden asked if there might be flexibility to put a path through Quakertown
Park for TWU. If the street bond program passed and there were certain streets designated for
bike lanes or future bike lanes, would those streets be on the radar for the first year.
Coulter stated that if there was a list of streets with the bike plans and if work were on those
streets, the plans would be there.
Council Member Engelbrecht questioned if Council would see other projects that could be
implemented quickly.
Coulter stated that once they were identified, they would go to the Traffic Safety Commission for
review.
6. Receive a report, hold a discussion and give staff direction on the consultant proposal for
the design of the Hickory Street Grand Street project that meets the pavement, sidewalks,
streetscape and landscape criteria as envisioned in the Downtown Implementation Plan
adopted by the City Council.
PS Arora, DRC Engineering Administrator, presented background information on the proposal.
The Downtown Implementation Plan study conducted by the consultant identified Hickory Street
as the focal point of the DTIP area. As such, Hickory Street was programmed to become the
Grand Street for the downtown. The Grand Street project included Hickory Street from the
Downtown A-Train Station to Locust Street. It would include new pavement construction,
widened sidewalks, improved walkability, and sidewalks up to ADA standards. Ornate
streetscape and landscape would include street trees, landscaped corner beds and flower pots at
various intersections, benches, trash cans, pedestrian lighting and power supply accommodations
for future growth and downtown festivals. Water, wastewater and DME improvements would be
completed before pavement construction began for the Grand Street. Staff had engaged Michael
Baker to design the Grand street project.
Nancy White, CCA, showed different projects of before and after projects they did with transit
projects and how the Grand Street was proposed to be designed.
Mayor Pro Tem Kamp asked if native natural plants would be used for the projects.
City of Denton City Council Agenda
August 14, 2012
Page 6
White stated that they use all native plants for these types of projects. Some might have to be
irrigated for a year or so to get them established.
Mayor Burroughs stated that Council had made a significant commitment to public art. He
questioned at what point did the public art groups provide suggestions into the view of what the
corridor would look like.
White stated that input needed to be up front when planning for the project. Placeholders might
be installed initially until the art was ready to be placed on the streetscape. It was necessary to
know ahead of time in order to plan for it appropriately.
Mayor Burroughs asked if there would be an opportunity here to recognized some of Denton’s
more prominent groups or people.
Arora stated that staff was working with Julie Glover on this plus a Walk of Fame design which
might come into play later on in the project. The consultant would work with staff and the Art
Committee to work for placeholders for future features.
Mayor Burroughs asked if some type of water feature had been considered to help with cooling.
White stated that they work with different colored pavement which helps cool the streetscape.
Mayor Pro Tem Kamp asked about some type of water feature to help with cooling. She also
suggested LED lighting to add to the presentation of the street.
Council Member Engelbrecht stated that he did not find a mention of bike parking and was that
included in the redesign of the parking lot.
PS stated it was incorporated into the redesign.
Council Member Gregory stated that some cities incorporated bike racks and benches with
public art and that might be considered.
Arora stated that the pre-design cost estimate was $2.8 million. The consultant fees included
design, streetscape/landscape, railroad design and permit, survey and SUE, geoetch, parking lot
and meetings with area property owners for a total of $335,771. The total cost estimate for
design and construction was $3.1 million. Staff was seeking a recommendation from Council to
continue with the project as presented and to bring the Michael Baker engineering services
design contract back for Council consideration.
Council Member Roden asked if the complications of DME add to the cost of the project.
Arora stated that they were looking at the design at this time for the improvements and would put
those in the CIP for next year.
Council Member Roden asked about drainage problems.
Arora stated that drainage would be funded as part of this project.
City of Denton City Council Agenda
August 14, 2012
Page 7
Council Member Roden suggested considering thinking ahead on businesses coming into the
area and the possibility of infrastructure that would allow high speed internet.
Arora stated that they would send the plans out to all franchise utilities to consider what might
have to be done before completion of project.
Council Member Roden asked about adjusting the infrastructure for potential quite zones in the
downtown.
Arora stated that the permitting and design costs included that option.
Council Member Gregory questioned how the power outlets for festivals would work.
Julie Glover, Economic Development Program Administrator, stated that the user would
purchase power for a short period of time. Currently there were some outlets near the planters on
the Square which were used for festivals. Additional outlets could be either above ground or
below ground and sealed for festival use.
Council Member Gregory questioned the redesign of the parking area.
Arora stated that the proposal was to have multiple driveways into the parking lot and to
determine what could be closed to limit access on Hickory. The interior of the lot would be
restriped.
Consensus of Council was to move forward with the contract and the concepts.
7.Receive a report, hold a discussion, and give direction regarding the FY 2012-2013
Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.
City Manager Campbell asked if there were any questions concerning the budget. Staff did not
have a presentation prepared but was available answer any questions.
Mayor Pro Tem Kamp asked about Council contingency funds.
City Manager Campbell stated that staff was in the process of drafting criteria have the funds
remain in the City Manager contingency account and bring the suggested funding entities to
Council as was done in the past. No specific amounts were allocated to each Council member;
however, the funding was in the budget.
Council Member King asked about the tax rate and the effective tax rate.
Bryan Langley, Chief Financial Officer, stated that the proposed tax rate was above the effective
tax rate which would trigger two public hearings on the tax rate.
Council Member Roden questioned how the locations were determined for the no parking signs.
Langley stated that the locations were determined by where most of the issues were.
Council Member Roden asked how other areas could get involved with that.
City of Denton City Council Agenda
August 14, 2012
Page 8
Coulter stated that the locations were based on complaints received during neighborhood plans
and that this was a pilot program to see if the problem could be addressed in a particular area.
nd
Following the completion of the 2 Tuesday Session, the City Council convened in a Special
Called Session to consider the following:
Ordinance No. 2012-173
1.Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
calling an election to be held on November 6, 2012, within said city on the question of
the issuance of $20,400,000 in ad valorem tax supported public securities for street and
public art improvements; making provision for the conduct of the election; and
containing other provisions incidental thereto; and declaring an effective date.
Bryan Langley, Chief Financial Officer, reviewed the process involved in recommending the
bond election. It was suggested that the bond election be for a $20.4 million project with up to
$400,000 for related public art. Approval of the ordinance would formally call the bond election
and set the date of the election for November 6, 2012.
There were no citizen speakers present.
Mayor Burroughs noted that Council was voting to call the election and voting on the wording
for the proposition.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance.
Mayor Burroughs stated that it was a close question on the way to present this item for a vote
and that several options were considered. One option was to separate the street related art out as
a separate ballot item. The purpose of the bond committee was to focus on a very specific issue
and their direction was influential. He preferred the language as presented in the agenda.
Council Member Gregory supported the wording because it was a recommendation from the
bond committee and had public input from the public to do it as presented. However, others also
expressed a desire to have the two items separated. He felt it would be important for the bond
committee to work hard to communicate why they recommended what they did and important
for Council to communicate as they were allowed under the legal regulations.
Mayor Pro Tem Kamp stated that there was a need for all citizens in art community and the
members of the bond committee to help educate the public on the art portion of the project which
was the I35 enhancement project.
Council Member Engelbrecht stated that he would be supporting the motion and the language as
recommended by the bond committee. Policy was set by earlier Councils and he followed that
policy. He was in support for art in the community and this would help enhance entranceways
into the city.
Council Member Roden stated that nothing of the street projects would suffer from the addition
of the art portion as all of the original funding would be included in the bond proposal.
City of Denton City Council Agenda
August 14, 2012
Page 9
On roll call vote: Council Member King, Council Member Engelbrecht, Council Member
Gregory, Council Member Roden, Mayor Pro Tem Kamp, and Mayor Burroughs – “aye”.
Motion carried unanimously.
Following the completion of the Special Called Session, the City Council convened in a Closed
Meeting to consider the specific items listed below under the Closed Meeting section of this
agenda.
A.Consultation with Attorneys – Under Texas Government Code Section 551.071.
1. Consult with and provide direction to the City’s attorneys associated with
proposed enforcement related to sanitary sewer overflows and where a public
discussion of such legal matters would conflict with the duty of the City’s
attorneys to the City of Denton, Texas and the City Council of the City of Denton,
Texas under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas.
2. Consultation with the City’s attorneys regarding the advisability of revising the
existing Denton Code of Ordinances provisions dealing with the proper disposal
and control of fats, oils and grease into the wastewater stream; 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 Bar of
Texas.
3. Consult with and provide direction to City’s attorneys regarding legal issues and
strategies associated with Phase I and proposed Phase II Gas Well Ordinance
regulation of gas well drilling and production within the City Limits and the
extraterritorial jurisdiction, including Constitutional limitations, statutory
limitations upon municipal regulatory authority, moratorium on drilling and
production and claims associated therewith, including variance requests for relief
from the moratorium, statutory preemption and/or impacts of federal and state law
and regulations as it concerns municipal regulatory authority and matters relating
to enforcement of the ordinance.
B.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 form of a
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.
C. Consultation with Attorneys – Under Texas Government Code Section 551.071;
Deliberations regarding Real Property – Under Texas Government Code Section 551.072.
City of Denton City Council Agenda
August 14, 2012
Page 10
1. Discuss, deliberate and receive information from staff and provide staff with
direction pertaining to the potential purchase of a 2.0 acre tract, more or less,
located in the Hiram Sisco Survey, Abstract No. 1184, Denton, County, Texas,
and located generally at the corner of McKinney Street and Oakland Street, City
of Denton, Texas. Consultation with the City’s attorneys regarding legal issues
associated with the potential acquisition of the real property described above
where a public discussion of these legal matters would conflict with the duty of
the City’s attorneys to the City of Denton and the Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or
would jeopardize the City’s legal position in any administrative proceeding or
potential litigation.
The Council returned to Open Session and with no further business, the meeting was adjourned
at 7:30 p.m.
_________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Parks and Recreation
ACM:
John Cabrales
SUBJECT
The Legacy, as public art for the City of Denton. The sculpture,
which will cost $31,911, is pursuant to the City of Denton Public Art policy approved by
Resolution No. R2006-014, and will be 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 Legacy, depicting the patriotic spirit of a
WWII era pilot gripping a propeller, a symbol of flight, as he gazes into the heavens. The
sculpture will measure approximately will be placed on a pedestal.
Total cost of the sculpture is $31,911, which will be paid with the 2012-13 Hotel Motel
Occupancy Tax (HOT) funds.
The sculpture will be located that is to be constructed at the
entrance of the Denton Municipal Airport. Along with the sculpture, the median will also
contain grass and plantings.
A representative from the Airport attended the meeting and agrees with the Public Art
RECOMMENDATION
Staff recommends City Council approve
support of the Public Art Coartist , The
Legacy, as the most recent public art acquisition for the City of Denton.
Agenda Information Sheet
September 18, 2012
Page 2
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Public Art Committee made recommendation of artist selection on July 23, 2012.
Parks, Recreation and Beautification Board made recommendation of artist selection on
August 6, 2012.
FISCAL INFORMATION
There is approximately $35,070 budgeted in 2012-13 HOT funds for Public Art. The Legacy
sculpture will cost $31,911 and is funded from the 2012-13 HOT Funds. The pedestal is not
included with the sculpture and will also be purchased with these funds.
EXHIBITS
1.Rendering of sculpture
2.Drawing of Airport entrance median
3.Public Art Committee Meeting Minutes of July 23, 2012
4.Parks, Recreation and Beautification Board Meeting Minutes of August 6, 2012
Respectfully submitted:
Emerson Vorel
Director
Submitted by:
Janie McLeod
Community Events Coordinator
Location for art work
in the median
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.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
City Manager’s Office
CM/DCM/ACM:
George C. Campbell, City Manager
SUBJECT:
Consider approval of a resolution amending Resolution No. R2011-036 regarding the Denton
Handbook for Boards, Commissions, and Council Committees to add a process by which Boards
and Commissions may communicate with the City Council.
BACKGROUND:
Earlier this year, the Council recommended that a process be put in place for boards and
commissions to ask questions seeking clarification to inquiries about policy or recommending
policy to the City Council as it relates to the scope and purpose of a board or commission.
Additionally, Council also suggested that it would be beneficial to receive annual, or more
frequent, reports from the boards outlining their activities, accomplishments, projects, and
initiatives.
Pursuant to that request, staff drafted language for such a process and sent the language to
Council for their comments. Based on feedback received, the word “activities” has been
incorporated into the second line of the second paragraph (Attachment A).
RECOMMENDATIONS:
Staff recommends the revised language be approved and placed in the “Guidelines & Rules of
Procedure” section of the Handbook for Boards, Commissions, and Committees (Attachment B).
Upon approval, copies of the resolution and the revised “Guidelines & Rules of Procedure” will
be provided to all Board and Commission members through their staff liaisons.
Respectfully submitted:
George C. Campbell
City Manager
Prepared by:
Betty Williams
Director of Administrative Services
Attachments:
Attachment A – Revised language
Attachment B – Proposed Guidelines & Rules of Procedure
Attachment C – Proposed Resolution
ATTACHMENTA
Board and Commission Communication Language
Upon consensus of a board or commission, such board may request that staff propose questions
regarding public policies or prepare policy statement recommendations regarding a matter that
clearly falls within the scope and purpose of the board. Such policy recommendations or
questions, once approved by a majority of the Board or Commission, will be forwarded to the
City Council for their response or consideration as Council determines appropriate.
Boards and commissions may provide an annual or more periodic report to Council as
appropriate outlining their activities, accomplishments, projects, and initiatives. Content of the
report may be customized by each board. Such reports will be forwarded to the entire Council
upon approval of the majority of the board.
ATTACHMENTB
GUIDELINES & RULES OF PROCEDURE FOR BOARDS, COMMISSIONS AND
CITY COUNCIL COMMITTEES
CREATION
In accordance with Ordinance No. 2011-038 (appendix iii):
City Council may authorize, by resolution, the appointment of a
committee as the need arises.
Committees, boards, and commissions may be created to assist in the conduct
of the operation of the City government with such duties as the
specify that are not inconsistent with the City Charter or Code.
Membership and selection of members shall be by Council resolution if not
specified by the City Charter or Code.
Committees so appointed will be advisory to the Council or the C
unless otherwise specified by the Charter or Code.
Any committee so created shall cease to exist when abolished by resolution of
the Council.
APPOINTMENTS
In accordance with Ordinance No. 2011-038:
Individual City Council members making nominations for members to citizen
boards and commissions will consider interested persons on a citywide basis.
The City Council will make an effort to be inclusive of all segments of the
community in the board and commission appointment process. City Council
members will consider ethnicity, gender, socio-economic levels, and other
factors to ensure a diverse representation of citizens.
The City Council will take into consideration an individualÔs qualifications,
willingness to serve, and application information in selecting n
membership to each board and commission.
In an effort to ensure maximum citizen participation, City Council members
will continue the practice of nominating new citizens to replace board
members who have served three consecutive terms on the same board.
Each City Council member will be responsible for making nominations for
board and commission places assigned to him or her, which shall correspond
to the City Council memberÔs place. Individual City Council members will
make nominations to the full City Council for the governing bodyÔs approval
or disapproval.
PURPOSE
In creating a committee, board, or commission, Council shall set forth its
purpose and duties which shall be consistent with City Charter or Code.
Appointees serve to advise the Council and shall not appear before another
board or commission as a representative of, or on behalf of, the
commission on which they serve.
STRUCTURE
In accordance with Ordinance No. 2011-038:
Each committee, board, or commission shall comply with the provisions of
Article III of Chapter 2 (appendix i) of the Code of Ordinances and will be
provided with of copy of these rules of procedure and a copy of the City of
Denton Handbook for Boards, Commissions and Committees, which shall
govern operational procedures of such boards, commissions and committees.
COMMUNICATION
Upon consensus of a board or commission, such board may request that staff propose
questions regarding public policies or prepare policy statement recommendations
regarding a matter that clearly falls within the scope and purpose of the board. Such
policy recommendations or questions, once approved by a majority of the Board or
Commission, will be forwarded to the City Council for their response or consideration as
Council determines appropriate.
Boards and commissions may provide an annual or more periodic report to Council as
appropriate outlining their activities, accomplishments, projects, and initiatives. Content
of the report may be customized by each board. Such reports will be forwarded to the
entire Council upon approval of the majority of the board.
ADDITIONAL GUIDELINES & PROCEDURES FOR CITY COUNCIL
COMMITTEES
Committees will generally be formed by resolution which will pro
committeeÔs membership, election of chair and vice chair, and purpose.
The chair and/or vice chair will be elected by voting committee members.
Election of officers shall be annually as soon as practicable after the annual
appointment process. If, for any reason, the chair or vice-chair vacates their
seat, a special election should be held to fill the unexpired te
not preclude a member of the board acting as a temporary chair.
No more than three Council members shall serve on any committee.
The staff liaison, designated by the City Manager, shall serve as official
secretary to the committee to ensure that records are maintained in
accordance with requirements of the City SecretaryÔs office.
The Council shall reserve the right, as deemed necessary in individual
instances, to appoint the chair and vice-chair for any special issue or for
temporary advisory committees. If Council chooses not to make t
appointment for chair and vice-chair, then the procedure outlined in this
policy will apply.
Council committee meeting agendas will be posted in accordance with the
Open Meetings Act, Chapter 551 of the Texas Government Code.The Open
Meetings Act requires committee meeting agendas must be publicly posted at
least 72 hours in advance of the meeting.
Only items posted on the agenda may be discussed and/or action taken
during the committee meeting.
The committee may convene into closed session in compliance with the Open
Meetings Act.
RobertÔs Rules of Order pertaining to small assemblies may be consulted
regarding the conduct of the committee meetings.
A quorum of the committee members must be present to hold a committee
meeting or to take committee action. A quorum is considered to be more
than half of the Council committee members.
Each member of the committee shall have one vote and members must be
present to cast a vote.
The acts of the majority of the members present at the meeting are the acts of
the committee.
MINUTES
Minutes of each board, commission, or committee meeting shall be prepared
in a form consistent with City Council meeting minutes as prescribed by the
City Secretary to reflect an accurate record of business transacted at the
meeting. More detailed minutes may be recorded if required by the board,
commission, or committee.
A draft of the minutes shall be sent to all committee members within two
weeks. Such draft may be distributed to the City Council upon direction of
the City Manager.
Minutes of the meetings will be submitted for approval by the me
present at the next meeting with revisions, corrections, or amendments being
made at that time. However, the Chair of the Committee may direct that the
draft minutes be shared with the entire City Council when the information
regarding the action of the Committee is needed to conduct official business
and the draft minutes have not been officially approved by the Committee.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012 Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Scott Payne at 349-7836
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a Two Year
Contract for Property, Boiler and Machinery Insurance Coverage for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date (RFP 5017-
Property, Boiler and Machinery Insurance Coverage awarded to Affiliated FM Insurance
Company with a rate of $0.0655 per $100 of insurable value).
RFP INFORMATION
The City of Denton requested competitive proposals for commercial property and boiler and
machinery insurance to protect assets totaling over $339,000,000 in buildings, machinery,
equipment, vehicles, and contents. This insurance policy insures City buildings and facilities
from the standard exposures such as fire, windstorm, hail, tornado, etc. In addition, the policy
provides insurance coverage for physical damage due to a catastrophic event (tornado,
windstorm, hail, etc.) to our parked and unoccupied vehicles and equipment while they are stored
on our property or at worksites.
The City has had coverage through Travelers since October 1, 2010, and had one additional
renewal remaining on our contract. However, for the policy year beginning October 1, 2011,
Travelers unexpectedly raised our property rate by 12%, in response to dramatic increases in
their reinsurance costs globally. All indications from Travelers pointed toward another
substantial increase for the policy year beginning October 1, 2012. We were also seeing
indications that many property insurance companies, in reaction to local and global market
conditions, were increasing rates, decreasing sub-limits, and increasing deductibles.
Because of this, the City sent Request for Proposal (RFP) #5017 out to the market. In response,
the City received three (3) proposals from the following companies:
Travelers Insurance Company (incumbent)
proposed a rate of $0.992 per $100 of insurable
value. This represents an 80% increase over our current rates.
Affiliated FM
proposed a rate of $0.0655 per $100 of insurable value. This represents a 25%
increase over our current rates.
Agenda Information Sheet
September 18, 2012
Page 2
Lexington
proposed a rate of $0.0599 per $100 of insurable value. This represents a 14%
increase over our current rates.
The three proposals were evaluated using the following criteria, with particular focus on the rate
per $100 of value, the various sublimit amounts, and deductibles:
50% - Cost of services and multi-year rate guarantee
40% - Proposed policy conditions, exclusions, and coverage forms
5% - Customer service, professional competence, and references
5% - Qualifications and experience, including financial stability
Based on our evaluation of the proposals, staff is recommending purchasing property insurance
higher th
advantages:
$10,000,000
Inclusion of $5,000,000 in Business Interruption coverage compared with no coverage
from Travelers or Lexington
Increased Boiler and Machinery loss limit to full Total Insured Value (TIV) compared to
only $50,000,000 in coverage from Lexington
Increased Fleet Catastrophe coverage to full fleet scheduled value of $43,637,527
compared to only $10,000,000 in coverage from Lexington
Full policy limits for Water Damage, Ammonia Contamination, and Hazardous
000 policy sub-limits
Lexington does offer a lower per occurrence deductible for windstorm and hail of $100,000
occurrence.
Exhibit 1 details the Evaluation Matrix while Exhibit 2 shows the side-by-side comparison of the
cost and coverage of the three proposals. A letter of recommendation in favor of Affiliated FM
from our property and casualty consultant, McGriff, Seibels, & Williams, is also included as
Exhibit 3.
RECOMMENDATION
Staff recommends awarding a three-year initial contract to Affiliated FM for Property and Boiler
and Machinery Insurance Coverage, with options for two additional one-year renewals.
Agenda Information Sheet
September 18, 2012
Page 3
PRINCIPAL PLACE OF BUSINESS
Affiliated FM is headquartered in Johnstone, Rhode Island
managed out of the Plano, Texas office.
ESTIMATED SCHEDULE OF PROJECT
Insurance coverage will be effective October 1, 2012.
FISCAL INFORMATION
Property insurance is funded out of 860002.6703.
EXHIBITS
Exhibit 1: Property Insurance Evaluation Matrix
Exhibit 2: Property Coverage Comparison
Exhibit 3: Consultant Recommendation Letter
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-RFP 5017
Exhibit 2
City of Denton
2012-13 Property Coverage Comparison
RFP# 5017 - Best and Final Offer
Travelers ExpiringTravelers RenewalAffiliated FM Lexington
Total TIV: $320,588,852 $334,777,045 $339,777,045 $334,777,045
Loss Limit:
$320,000,000$320,000,000$339,777,045$320,000,000
Sub-Limits:
Earth Movement$10,000,000
$12,500,000$12,500,000$50,000,000
Flood (Excl Zone A & B)$10,000,000$10,000,000$50,000,000$10,000,000
Flood Zone B
$5,000,000
Flood Zone A $1,250,000$1,250,000$1,250,000$10,000,000
Newly Acquired
$15,000,000 $15,000,000 $10,000,000 $10,000,000
Locations (120 Days)
120 Days120 Days120 Days120 Days
Accounts Receivable$5,000,000 $5,000,000 $5,000,000 $5,000,000
Valuable Papers$5,000,000 $5,000,000 $5,000,000 $5,000,000
Ordinance or Law, Includes: $5,000,000 $5,000,000 Undamaged Portion Undamaged Portion
Demolition &Increased Cost Policy Limit Policy Limit
of ConstructionDemolition $5,000,000 Demolition $5,000,000
ICC $5,000,000ICC $5,000,000
Transit$500,000 $500,000 $500,000 $500,000
Extra Expense$5,000,000 $5,000,000 $5,000,000 $5,000,000
EDP Equipment, Data & $5,000,000 $5,000,000 $1,000,000 Data & $5,000,000
MediaMedia, Hardware
covered under policy limit
Business Interruption
NoneNone$5,000,000None
Contractors Equipment$1,000,000$1,000,000$10,488,186$1,000,000
Newly Acquired Not to Exceed Not to Exceed All Equipment covered as $500,000
Contractors Equipment$1,000,000 any One Item $1,000,000 any One Item long as it is in Care,
Custody or Control
Equipment Rental $500,000
$500,000$500,000See Above
Expense
Unscheduled Equipment $500,000
$500,000$500,000See Above
Errors & Omissions $1,000,000 $1,000,000
$1,000,000$1,000,000
Fine Arts$1,000,000 $1,000,000 $1,000,000$1,000,000
Unnamed Locations $1,000,000 $1,000,000
$5,000,000$5,000,000
Fleet Catastrophe$10,000,000 $10,000,000 $43,637,527$10,000,000
B&M Equipment Breakdown
$50,000,000 $50,000,000 Policy Limit $50,000,000
Expediting Expense$1,000,000 $1,000,000 $1,000,000
Policy Limit
$250,000 Outside the
B&M
Water Damage$1,000,000 $1,000,000 $1,000,000
Policy Limit
Ammonia Contamination$1,000,000 $1,000,000 Policy Limit $1,000,000
Hazardous Substances$1,000,000 $1,000,000 $1,000,000
Policy Limit
SpoilagePolicy Limit $1,000,000
Deductible Options:
All Other Perils
$50,000$50,000$50,000$50,000
Equipment Breakdown$50,000$50,000$50,000$50,000
Contractors Equipment
$10,000$10,000$10,000$10,000
$100,000 Except Zone A
Flood Deductible
$100,000 Except - 5% of TIV Subject to
$100,000$100,000$500,000 Zone AMinimum $1,000,000
Wind/Hail Deductible
$50,000 Per Location not
1% per location with to exceed $250,000 Per
$100,000 $250,000 Minimum Occurrence $100,000
Earth Movement Deductible
$50,000$50,000$100,000$100,000
RCV Except CE & FleetRCV Except CE & FleetRCV Except CE & FleetRCV Except CE & Fleet
Valuation
YesYesYesYes
60 Day Notice of Cancellation
$0.0566$0.0992$0.0655$0.0599
Rate
Total Premium (including
Terrorism)$184,260$332,212$230,707$210,360.29
Exhibit 3
MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC.
5080 Spectrum Drive, Suite 900E, Addison, TX 75001 Tel (469) 232-2100 Fax (469) 232-2101
September 5, 2012
Scott Payne
Risk Manager
City of Denton
601 East Hickory Street, Suite A
Denton, TX 76205
Re: RFP #5017- Property, Mobile Equipment, Boiler & Machinery, Fleet Catastrophic Loss
Insurance Coverage
Scott,
McGriff, Seibels & William of Texas, Inc. has reviewed all responses to RFP # 5017 Property, Mobile
Equipment, Boiler & Machinery, Fleet Catastrophic Loss Insurance Coverage. Three insurance
carriers provided a response: 1) Travelers (incumbent), 2) Affiliated FM, and 3) Lexington.
Multiple large hail losses in the Dallas/Fort Worth area over the last two years along with current
market conditions has resulted in Property carriers increasing rates and changing coverage terms and
current Property carrier, Travelers, quoted a 80% premium increase for the renewal. However, through
t
Premium quotes are as follows:
Travelers - $332,212
Affiliated FM - $230,707
Lexington - $210,360
McGriff has evaluated the proposals, please see attached Property Coverage Comparison spreadsheet.
We recommend the Affiliated FM proposal for $230,707 annual premium as the best and most
advantageous for the City of Denton.
Affiliated FM has provided multiple coverage enhancements including:
Increased total loss limit to full Total Insured Values
Increased Boiler & Machinery loss limit to full Total Insured Values
Increased Fleet Catastrophic limit to full fleet schedule values
imit to full scheduled values
Increased Unnamed Locations sublimit
Coverage extended to include Business Interruption
Additional improved sublimits listed on coverage comparison
Thank you for the opportunity to work with the City of Denton. Please let us know if you have any
questions regarding this evaluation. Thank you.
Sincerely,
Johnny Fontenot, CPCU, ARM, AIC
Executive Vice President
Robert Waggoner, ARM, CGBA
Senior Vice President
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A TWO
YEAR CONTRACT FOR PROPERTY, BOILER AND MACHINERY INSURANCE COVERAGE
FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5017-PROPERTY, BOILER AND
MACHINERY INSURANCE COVERAGE AWARDED TO AFFILIATED FM INSURANCE
COMPANY WITH A RATE OF $0.0655 PER $100 OF INSURABLE VALUE).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of Insurance Consultant Services in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
5017 Affiliated FM Insurance Company. Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under RFP 5017 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:____________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
EXHIBIT A
RFP 5017
Vendor Coverage Price
$0.0655 per $100 of value
Affiliated FM Insurance Company Property and
Boiler and
Machinery
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
General Government
ACM:
John Cabrales
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a Professional Service Agreement with Focused Advocacy, LLC to assist the City in
advancing its State Legislative Program, assist Council and staff in addressing proposed
legislation, and make the City aware of any legislative or administrative initiatives believed to be
detrimental to the interests of the City; authorizing the expenditure of funds therefore; and
providing an effective date (amount not to exceed $137,500 annually, or $275,000 for the total
two-year contract).
BACKGROUND
As we prepare for the 83rd Texas Legislature, staff has been working with our two legislative
consultants Focused Advocacy, LLC and Solutions for Local Control, LLC during the interim
period. Recent trends of the Texas Legislature have been that each new session brings an
increased number of city-related bills filed, with the majority proposing impediments to the
ability of cities to govern from a local perspective. For the last several sessions, legislative
leaders have continued to file and support bills that would lower or broaden the current cap on
annual increases in property tax appraisals, impose a local revenue cap, enact costly unfunded
mandates, or erode municipal authority to conduct local affairs. As Denton continues to grow,
our legislative exposure continues to increase with potentially greater negative impacts to our
budget, and more importantly, on our ability to deliver services in the best interest of our
citizens. For the 82nd Regular Session of the Texas Legislature (2011), legislators filed 6,303
bills, and over 1,500 were city-related.
Staff feels that now, more than ever, it is important to utilize legislative consultants as part of our
legislative strategy. Given the history of bad policy bills that our consultants have helped us
defeat, we feel that the benefits of having legislative consultants outweigh the costs. The City of
Denton began using legislative consultants to assist with general government issues during the
th
80 Regular Session of the Texas Legislature (2007). Prior to that, only Denton Municipal
Electric (DME) had used a legislative consultant to assist them with utility issues.
Also,
Lobby group since 2003. This group brings together representatives from TML and major Texas
cities to work together on legislative strategy and coordinate support of beneficial legislation and
opposition to detrimental legislation to cities. However, due to unique characteristics of each
city, Denton sometimes found itself without allies on proposed legislation, such as on the college
textbook sales tax exemption bills.
It is difficult to place a dollar amount to the cost avoidance for the defeat of bad policy bills
nd
during the 82 Session, but the amount can easily run into several million dollars. With the
assistance of our consultants, we were successful in having authority granted to the Texas
Department of Transportation to allow a Public-Private Partnership on I-35E, permitting the
expansion project to move forward. Focused Advocacy also took the lead and was essential in
the passage of the legislation for the Combined-Heat and Power Economic Development
District, as initiated by the City. Finally, the legislature was determined to pass some iteration of
an eminent domain bill. Through the efforts of our consultants, the impact to municipalities of
the bill that was passed was effectively neutralized, and cities maintained local authority to
exercise eminent domain.
nd
During the 82 Texas Legislature Interim Session
the legislature by the Speaker of the House and the Lt. Governor to study and report back to the
House and Senate members. Typically, these studies identify possible legislative actions relating
to such topics and often result in the filing of bills in the next regular legislative session. Some of
these interim charges could have an impact on the City of Denton. There are also other issues
that are being considered that could have negative impacts to Denton Municipal Electric (DME)
and its rate payers.
As a result, staff recommends that the City and DME continue to have legislative consulting
assistance to address these issues and hopefully minimize or eliminate any negative impacts of
rd
the 83 Legislative Session. In October 2010, staff entered into a two-year contract with Focused
Advocacy, LLC for legislative services for general government issues and DME electric issues.
The two-year contract cost was $258,000, in addition to a not-to-exceed $3,500 for reimbursable
expenses. The cost of the contract was shared between the General Fund and the Electric Fund.
The current contract expires September 2012. The proposed contract contains an increase of
$10,000, for a total two-year contract cost of $268,000, and no change to the not-to-exceed
reimbursable expenses.
Though not part of this contract, the City also plans to renew the contract with Solutions for
Local Control, LLC, run by former State Representative Fred Hill. The current contract contains
a provision that allows the city to extend the agreement for an additional two-year term. City
nd
staff has been more than pleased with the services Mr. Hill provided under contract in the 82
st
legislature and 81 Interim Session regarding issues of sales tax, appraisal/revenue caps,
community development, and housing. His knowledge of critical finance issues of interest to the
City and his relationship with current members of the legislature make him an invaluable
consultant, particularly in an upcoming legislative environment which we anticipate could be
hostile to municipal revenue bases. The Lt. Governor has made appointments to key Senate
committees that are not well known for advocating on behalf of local government revenue
sources. Consequently, it is all the more important we continue to draw on the respected and
unparalleled experience Fred Hill brings to the table. The Solutions for Local Control, LLC
agreement for legislative services for general government is for a total of $84,000 for the two-
year period, plus an annual not-to-exceed $3,000 for reimbursable expenses, representing no
increase to the City.
RECOMMENDATION
Staff recommends approval of the Focused Advocacy, LLC Professional Services Agreement.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
Informal Report #10-012 dated March 19, 2010
Informal Report #10-025 dated April 2, 2010
AIS and Contract Approval November 2, 2010
FISCAL INFORMATION
JDE Account Number 160099.7850
EXHIBITS
1. Ordinance authorizing agreement with Focused Advocacy
2. Professional Service Agreement for Legislative Representation
Respectfully submitted:
John Cabrales Jr.
Assistant City Manager
Prepared by:
Lindsey N. Baker
Assistant to the City Manager
AGENDA INFORMATION SHEET
AGENDA DATE: September 18, 2012
DEPARTMENT: City Managers Office
CM/ ACM: George C. Campbell
SUBJECT
Consider appointments to the Ad-hoc Citizen Advisory Committee on the Smoking Regulations.
BACKGROUND
City Council received a report at the January 10, 2012 work session, regarding amendments to
the City of Denton smoking ordinance (86-069 as amended by ordinance 93-193). Council
directed staff to draft a resolution creating an ad-hoc citizen advisory committee that would
advise staff and Council regarding a comprehensive update to the current smoking ordinance,
with an objective of adopting amendments for implementation effective no later than January 1,
2013. Staff provided council with an Informal Staff Report on September 7, 2012, which
included a preliminary list of recommended committee members and background information on
the committee composition, similar to the information being provided herein.
Based on the January 10 discussion, staff recommends the following composition of a citizen
committee for council’s consideration:
Two (2) representatives of local restaurants;
And/or two (2) representatives of local stand-alone bars;
One (1) representative of the Denton Chamber of Commerce;
One (1) representative of the Denton Hispanic Chamber of Commerce;
One (1) local Medical Professional, defined as a current medical practitioner;
One (1) representative of the Denton County Health Department;
One (1) representative of Denton Regional Medical Center;
One (1) representative of Texas Health Resources Presbyterian;
Four (4) Denton citizens from the general public.
The resolution, attached as Exhibit 1, creating the ad-hoc citizen advisory committee will
become effective immediately upon approval of City Council. The special committee would be
dissolved following completion of the work as outlined in the resolution.
OPTIONS
1.Appoint all or some of the members of the committee at the City Council meeting on
September 18.
2.Appoint all or some of the members of the committee at the City Council meeting on
October 2.
RECOMMENDATION
1.Staff recommends Option 1.
EXHIBITS
1.Draft Resolution creating an Ad-hoc Citizen Advisory Committee
2.Smoking Ordinance Ad-hoc Citizen Advisory Committee potential member list
3.Draft Schedule of Completion
4.City of Denton Ordinance 86-069, amended by Ordinance 93-193
Respectfully submitted:
______________________________
George C. Campbell
City Manager
Prepared by:
_______________________
Lindsey Baker
Assistant to the City Manager
Exhibit1
Exhibit4
Subpart A - CODE OF ORDINANCES
Chapter 14 - HEALTH AND HUMAN SERVICES
ARTICLE IV. - SMOKING
[35]
ARTICLE IV. - SMOKING
(35)
Cross reference
Fire prevention generally, Ch. 11; food establishments generally-26 et seq.
Sec. 14-86. - Definitions.
Sec. 14-87. - Smoking prohibited in certain public areas.
Sec. 14-88. - Written policy required.
Sec. 14-89. - Food establishments.
Sec. 14-90. - Penalties.
Sec. 14-86. - Definitions.
The following words, terms and phrases, when used in this articlascribed to
them in this section, except where the context clearly indicates
Administrative area means the area of an establishment not generally accessible to t
including but not limited to individual offices, stockrooms, employee lounges o
Director means the manager of the consumer health division of the city.
Food establishment means any operation defined as such in section 13-1 of this Code.
Hospital means any institution that provides medical, surgical and overnight fa
Public service area means any area, other than an administrative area, to which the
routinely has access for municipal services and which is designa public service area in a written
policy prepared in compliance with this article.
Retail establishment means any establishment which primarily sells goods to the gener
(Code 1966, § 13-50; Ord. No. 93-193, § I, 10-19-93; Ord. No. 97-114, § XI, 4-1-97)
Sec. 14-87. - Smoking prohibited in certain public areas.
(a) It is unlawful for any person to smoke or possess a burning toba
in any of the following indoor or enclosed areas:
(1) An elevator used by the public;
(2) A hospital or nursing home corridor providing direct access to p
(3) Any conference room, meeting room or public service area of any
managed by the city, but this does not include the Civic Center,
Center for Performing Arts;
(4) Any retail establishment serving the general public, including but not limited to any
Denton, Texas, Code of Ordinances
Page 1 of 4
Subpart A - CODE OF ORDINANCES
Chapter 14 - HEALTH AND HUMAN SERVICES
ARTICLE IV. - SMOKING
department store, grocery store or drugstore; or
(5) An area marked with a no smoking sign in accordance with subsect
the owner or person in control of a hospital, nursing home or retail establishment serving the
general public; or
(6) Any facility of a public primary or secondary school or an enclo
library or museum.
(b) The owner or person in control of an establishment in which smok subsection
(a) of this section shall post a conspicuous sign at the main en
or person in control of an establishment in which smoking is pro
conspicuous sign at the entrance to the area. The sign shall contain the words "No Smoking, City of
Denton Ordinance," the universal symbol for no smoking or other
smoking.
(c) Every hospital shall:
(1) Allow all patients, prior to elective admission, to choose to be in a no smoking patient room;
and
(2) Require that employees or visitors obtain express approval from
prior to smoking.
(d) The owner or person in control of an establishment or area descrr
(a)(6) of this section may designate an area, including but not
waiting room, as a smoking area; provided, that the designated s
(1) The entire establishment;
(2) Cashier areas or over-the-counter sales areas; or
(3) The viewing area of any theater or movie house.
(e) It is a defense to prosecution under this section if the person
(1) A designated smoking area of a facility or establishment describbsections (a)(4) or
(a)(6) of this section which is posted as a smoking area with ap
(2) An administrative area or office of an establishment described i
this section;
(3) A retail establishment serving the general public with less than five hundred (500) square feet
of a public showroom or service space or having only one (1) emp
a designated nonsmoking area in accordance with subsection (a)(5
(4) A retail establishment which is primarily engaged in the sale of tobacco,
smoking implements.
(f)The owner or person in control of an establishment exempted from
by subsection (e) of this section who chooses not to designate any such areas shall post a conspicuous
sign near the main entrance to the establishment with the words
Denton, Texas, Code of Ordinances
Page 2 of 4
Subpart A - CODE OF ORDINANCES
Chapter 14 - HEALTH AND HUMAN SERVICES
ARTICLE IV. - SMOKING
"Nonsmoking Areas Not Available" or similar language to indicate
provided.
(Code 1966, § 13-51; Ord. No. 93-193, §§ II, III, 10-19-93)
Sec. 14-88. - Written policy required.
The owner or person in control of any facility or area designate
14-87(a)(3) of this article shall:
(1) Have and implement a written policy on smoking which conforms to
(2) Make the policy available for inspection by the director.
(Code 1966, § 13-52; Ord. No. 93-193, § IV, 10-19-93)
Sec. 14-89. - Food establishments.
(a) A food establishment which has indoor or enclosed dining areas shall provide separate indoor or
enclosed dining areas for smoking and nonsmoking patrons.
(b) A nonsmoking area shall:
(1) Be separated, where feasible, from smoking areas by a minimum of
contiguous floor space;
(2) Be ventilated, where feasible, and situated so that air from the smoking area is n
or across the nonsmoking area;
(3) Be clearly designated by appropriate signs visible to patrons wi
that the area is designated nonsmoking; and
(4) Have ash trays or other suitable containers for extinguishing sm
perimeter of the nonsmoking area.
(c) Each food establishment which has a dining area shall:
(1) Have and implement a written policy on smoking which conforms toarticle;
(2) Make the policy available for inspection by the director; and
(3) Have signs at the establishment's entrance indicating that nonsm
(d) Nondining areas of any food establishment affected by this sectins have general
access, including but not limited to food order areas, food serv
shall be designated as nonsmoking areas.
(e) It is a defense to prosecution under this section that the food
(1)An establishment which has indoor seating arrangements for less
(2) An establishment in which more than seventy (70) percent of its
the sale of alcoholic beverages; or
Denton, Texas, Code of Ordinances
Page 3 of 4
Subpart A - CODE OF ORDINANCES
Chapter 14 - HEALTH AND HUMAN SERVICES
ARTICLE IV. - SMOKING
(3) A physically separated bar area of a food establishment otherwise regulated.
(f) The owner or person in control of an establishment exempted from
by subsection (e) of this section who chooses not to designate a
sign near the main entrance to the establishment with the words "Smoking P
"Nonsmoking Areas Not Available" or similar language to indicate
provided.
(g) It shall be unlawful for any person to smoke or possess a burning tobacco, weed or other plant
product in an area of a food establishment designated as nonsmok
(Code 1966, §§ 13-53, 13-54)
Sec. 14-90. - Penalties.
It shall be unlawful for any person to violate any provision of this article, and upon
person shall be punished as provided in section 1-12 of this Code.
(Code 1966, § 13-55)
(35)
State Law reference
Smoking in certain public places, V.T.C.A., Penal Code § 48.01. (Back)
Denton, Texas, Code of Ordinances
Page 4 of 4
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
City Manager’s Office
CM:
George Campbell,City Manager
SUBJECT
Consider nominations/appointments to the City’s 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
09/18/2012
BOARD AND COMMISSION NOMINATIONS
BoardCouncil MemberNomination
Community Development Advisory Cmte.
Margaret Fiedler has moved
Watts
Health & Building Standards Commission All
All
Human Services Adv. Committee
Maria Minerva Villanueva-Simental resigned
Engelbrecht
Parks, Recreation & Beautification Board
Derrick Murray has resigned
Engelbrecht
Public Utilities Board
John Baines has resigned
Roden
R Ï Reappointment
N Ï New Nomination
AGENDA INFORMATION SHEET
AGENDA DATE
: September 18, 2012
DEPARTMENT
: Utility Administration
ACM:
Howard Martin, 349-8232
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas receiving
and accepting the City of Denton, Texas Capacity, Management, Operation and Maintenance
(“CMOM”) Self-Audit report conducted by Pipeline Analysis, L.L.C. dated July, 2012,
regarding the Denton wastewater collection system utilizing the Environmental Protection
Agency’s “Region IV CMOM Self-Audit/Self Disclosure Program” and components of the
Environmental Protection Agency’s Sanitary Sewer Overflow (“SSO”) draft rule, including the
CMOM and Asset Management (“AM”) business practices; and providing an effective date.
BACKGROUND
The Wastewater department had retained Pipeline Analysis, LLC, Garland (Consultant), Texas to
audit and prepare a report for the wastewater collection system using the EPA's Region IV
CMOM Self-Audit/Self-Disclosure program, and components of the EPA SSO (Sanitary Sewer
Overflow) draft rule including the CMOM and Asset Management (AM) business practices. The
CMOM program is intended to provide a structured plan for collection system management in
order to optimize system performance and develop specific plans for capital improvement and
maintenance activities needed to operate, manage, and maintain collection systems and avoid
SSO’s.The proposed CMOM regulations being forwarded by EPA require that wastewater
utilities: 1) properly manage, operate and maintain all parts of the collection system; 2) provide
adequate capacity to convey base and peak flows; 3) take all feasible steps to stop and mitigate
the impact of SSOs; 4) provide notification to affected parties in the event of an overflow; and 5)
document the CMOM program and make documents available to the public upon request.
The Consultant Scope of Work is included in Exhibit 2. The CMOM audit conducted by the
Consultant includes two parts. The first is the completion of a CMOM Self-audit of current
management, operating, and maintenance programs of the wastewater collection system. The
CMOM audit is not an infrastructure or engineering assessment but rather an evaluation of
programs the City carries out regularly to meet the needs of the public. The second is
development of a work plan to address program deficiencies discovered by the audit. The
consultant has performed the audit using EPA established criteria, facilitated the development of
a plan to address deficiencies, and prepared the report on the findings. The major findings of the
CMOM report are summarized below:
A.System Inventory and Information Management – The City collection system assets are
in GIS and updated continually. Attribute data is populated in the GIS database and
procedures are in place to update as changes are made to the collection system.
TM
B.Maintenance Management - CityWorks software is the software implemented for
maintenance tracking and as a management tool. System maps are kept up to date and
asset numbering procedures are in place to assign asset numbers to new assets as they are
added.
C.Safety and Training – The Water and Sewer Services department has a successful safety
program evidenced by a good safety record. Safety meetings are scheduled. Written
safety policies and safety handbook specific to the sewer system should continue to be
reviewed and updated to assist in the safety efforts.
D.Overflow Emergency Response Plan – Staff are well versed in TCEQ and EPA rules and
regulations. Staff is trained in responding to blockages and sanitary sewer overflows. A
written overflow emergency response policy and plan was developed by staff to
document procedures, standardize responses and provide training documentation for
staff. The plan is reviewed annually and updated as necessary to reflect current
regulations, notification requirements and staff responsibilities. Using the existing GIS,
staff is tracking SSOs by location, frequency, cause and volume.
TM
E.Collection System Maintenance - The CityWorks software is the primary work order
system for the collection system maintenance. Preventive maintenance cleaning is
being undertaken on an aggressive schedule (6.5 year average cycle). With an aging
system of vitrified clay pipes, cleaning crews will be instrumental in minimizing the
number and impact of SSOs.
F.Source Control – The Sewer Use Ordinance (SUO) is reviewed annually by staff and
updated as needed to address infiltration/inflow, illicit connections and grease. Grease
can be a major cause for system blockages and SSOs. Staff should work with the legal
department to develop an ordinance that would require retrofitting inadequately sized
grease interceptors when a new building permit is issued, new occupancy permit is
applied for or when violations exceed a certain threshold.
G.Structural Condition Assessment and Evaluation-The sewer department is staffed to
perform preventive maintenance. Staffing, as it relates to the collection system, is
currently keeping up with demands. As the sewer continues to age, additional cleaning
and repair crews may be required to maintain satisfactory levels of service and provide
for more proactive preventative maintenance. Within the next 1 to 2 years it is
estimated that additional fully equipped cleaning crews and facility repair crews may be
necessary. Additional staffing will also be required to manage regulatory requirements,
maintaining right of ways, perform manhole inspections and smoke testing.
H.System Hydraulic Capacity Assessment, Evaluation and Assurance - When new sewers
are being designed, the impact on downstream pipes are reviewed using the hydraulic
model. New subdivisions or developments should continue to be reviewed to ensure
adequate downstream capacity exists and/or determine the impact on the existing system.
The existing hydraulic model is the primary tool necessary to ensure pipeline capacity is
adequate to transport dry and wet weather flows.
I.Standard Design, Construction and Inspection- The design of City initiated gravity sewer
and sewer force main projects is primarily performed by the Utility and CIP Engineering
Department under the supervision of the City Engineer. The City has standard design
specifications, detail drawings, approved materials lists and design criteria to standardize
the design of gravity sewer and force main projects.
J.Communication and Outreach- City has several methods to inform the public including
web site, newsletters, cable access, auto-dialing by area, newspaper, door hangers and
billing inserts. Feedback from the customer is encouraged thru the use of written
surveys.
K.Monitoring, Measurement and Program Modifications- Data currently being collected by
the City staff should be adequate to establish benchmarks for monitoring the
effectiveness of the CMOM program. Reviewing the performance indicators on an
annual basis will determine the trend and possible prioritization of program resources.
L.Adequate Funding- Detailed budgets are prepared and tracked by staff for each City
department. Current user rates are sufficient to fully fund current wastewater operations.
Rates are reviewed annually and adjustments presented to the City council for approval.
As with most municipalities across the country, the needs far exceed the funding sources
making prioritization of projects a necessity. The department staff has prioritized the CIP
projects associated with wastewater and adjust project timing to minimize the impact on
rates.
M.HR Support - Employee reviews should consider productivity and skill levels for specific
key roles established. For example, a skill level for jet-vac operators should be
developed to retain skilled personnel on this critical equipment. Job descriptions should
continue to be reviewed annually and water and wastewater job descriptions separated to
properly address licensing requirements. Overall the current system strives to develop
career ladders to keep specialization where needed.
N.Purchasing- Purchasing of specialized parts from the manufacturer (sole source) is
commonly required, but takes considerable time due to purchasing requirements. It is
recommended that staff develop a list of critical parts that will require sole source
purchase since no suitable alternative is available. Working with purchasing the list
should be reviewed and approved to expedite such purchases and minimize equipment
TM
downtime. The use of the BuyBoard is encouraged to reduce engineering costs and
time associated with standard rehabilitation methods.
The completion of the CMOM report is one of the task items that will be necessary to satisfy the
EPA requirements. The CMOM document provides the way to continually benchmark the
wastewater operations and it is a requirement to update the document every year. Wastewater
staff has diligently worked with the consultant over the last several months in providing data,
information, feedback and review of the CMOM report. Staff is committed to keeping the
CMOM a live document, and assess and benchmark the operations as recommended in the
report.
RECOMMENDATION
Staff recommends approval of the CMOM report prepared by the Consultant.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
August 13, 2012: PUB recommended approval of the CMOM report
FISCAL INFORMATION
The CMOM Self Audit findings are being incorporated in the Wastewater operating budgets.
EXHIBITS
1.Resolution
2.Consultant Scope of Services
3.PP Presentation
Respectfully submitted:
Jim Coulter
Director of Water/Wastewater Utilities
Prepared by:
P. S. Arora, P.E.
Assistant Director of Wastewater Utilities
EXHIBIT1
RESOLUTION NO. R2012- _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
RECEIVING AND ACCEPTING THE CITY OF DENTON, TEXAS CAPACITY,
MANAGEMENT, OPERATION AND MAINTENANCE (“CMOM”) SELF-AUDIT REPORT
CONDUCTED BY PIPELINE ANALYSIS, L.L.C. DATED JULY, 2012, REGARDING THE
DENTON WASTEWATER COLLECTION SYSTEM UTILIZING THE ENVIRONMENTAL
PROTECTION AGENCY’S “REGION IV CMOM SELF-AUDIT/SELF DISCLOSURE
PROGRAM” AND COMPONENTS OF THE ENVIRONMENTAL PROTECTION
AGENCY’S SANITARY SEWER OVERFLOW (“SSO”) DRAFT RULE, INCLUDING THE
CMOM AND ASSET MANAGEMENT (“AM”) BUSINESS PRACTICES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas engaged the Texas Registered
Engineering Firm of Pipeline Analysis, L.L.C., Garland, Texas (hereafter “Pipeline”) in
November 2011 to perform engineering services to the City in the form of a “Sanitary Sewer
System Capacity Management Operation and Maintenance (CMOM) Self-Audit;” and
WHEREAS, the engineering services performed and completed by Pipeline included
assistance to the City in order to develop a Capacity Management, Operation and Management
Self-Audit; engineering services to address requirements of the wastewater collection system
inspection, evaluation, planning, information management training, the reporting needed for
asset management and regulatory compliance related to SSO’s, CMOM, and development of best
management practices; and
WHEREAS, for purposes of this self-audit the “wastewater collection system” included
gravity sewers, pump stations, force mains, and supporting services and facilities; and
WHEREAS, the CMOM program is intended to provide a structured plan for collection
system management in order to optimize system performance and develop specific plans for
capital improvement and maintenance activities that are needed to operate, manage, and maintain
collection systems and avoid SSO’s; and
WHEREAS, the proposed CMOM regulations being proposed by the Environmental
Protection Agency (“EPA”) require that wastewater utilities properly manage, operate and
maintain all parts of the collection system; to provide adequate capacity to convey base and peak
flows; to take all feasible steps to stop and mitigate the impact of SSO’s; to provide notification
to affected parties in the event of an overflow; and to document the CMOM Self-Audit program
and make documents available to the public upon request; and
WHEREAS, the City Council having reviewed the audit, finds that this audit is in the
best interests of the City of Denton, Texas and its citizens; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the City of Denton, Texas has received and hereby
accepts the “Capacity, Management, Operation and Maintenance (”CMOM”) Self-Audit”
conducted by Pipeline Analysis, L.L.C., July 2012.
SECTION 2. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _____ day of _____________________, 2012.
_______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: _________________________________
2
EXHIBIT2
Sanitary Sewer System
Capacity Management Operation &
Maintenance (CMOM)
Self-audit
Exhibit A
Scope of Services
CITY OF DENTON, TEXAS
Pipeline Analysis, LLC
Texas Registered Engineering Firm F-006538
1115 Main Street
Garland, Texas 75040
972-470-0655
November 2011
ENGINEER shall provide Basic Services as set forth below.
PART 1 BASIC SERVICES
OBJECTIVES AND DESCRIPTION OF PROJECT
1.1 Objectives
Under this solicitation, Pipeline Analysis, LLC (Engineer) will perform engineering services for the City of
Denton. Specific assignments to be performed by the consultant under thi
to the City to develop a TCEQ SSO Initiative Plan and Capacity, nt, Operation, and
Maintenance (CMOM) Self-Audit. These professional services will consist of engineering services
address requirements of the TCEQ SSO Plan, wastewater collection
planning, information management, training, and reporting needed for asset management and regulatory
compliance related to sanitary sewer overflows (SSOs), CMOM, and
solicitation the wastewater collection system is considered to include
mains, and supporting services and facilities.
1.2 Background
ve will
impact how the City manages and maintains its wastewater collect
SSO rule relates to a large extent and parallels the CMOM progra
provide a structured plan for collection system management in order to optimize system performance and
develop specific plans for capital improvement and maintenance a
The proposed CMOM regulations being forwarded by EPA require that wastewater utilities: 1) properly
manage, operate and maintain all parts of the collection system;
base and peak flows; 3) take all feasible steps to stop and miti
notification to affected parties in the event of an overflow; an
documents available to the public upon request. The findings from the CMOM Self-audit will be used to
prepare the TCEQ SSO Initiative 10 year work plan, schedule and estimated cost.
1.3 Project Description
The program will include two parts. The first is completion of a-audit of current management,
operating, and maintenance programs of the wastewater collectiont an
infrastructure or engineering assessment but rather an evaluatio
regularly to meet the needs of the public. The second is develop
deficiencies discovered by the audit. The consultant will be expected to perform the audit, facilitate the
development of a plan to address deficiencies, and report on the
Initially, the consultant will guide and assist the City through
needed to successfully complete the audit, identifying and assisting with data
performance measures for each of its operating functions, verify
and summary of results and recommendations. If deficiencies are discovered in the audit, as a second
task the consultant will facilitate the development of a plan to
will arrange and conduct meetings of City staff to formulate theeveral
aspects of information technology relating to documenting, repor
operating programs to the satisfaction of regulatory agencies.
The City currently has a number of successful support programs tintegrated into the
overall framework of the SSO Plan. The following program activities have been identified as having
functions needed on an on-going basis as part of the program:
2
Geographic Information System (GIS) - Provides an inventory of installed piping, pipe
size, and material.
Computerized Management and Maintenance System (CMMS) - used for generation of
CMOM reports and tracking documents, spare part inventories, mai
and training records to the extent possible.
Hydraulic Modeling - Verification of hydraulic capacity of the system.
Planning efforts
O&M Manuals - Review existing O&M Manuals to facilitate repairs and maintenanc
equipment.
Record Drawings and Specifications
Computer Aided Drafting and Design (CADD) files of plans.
Closed-Circuit Television (CCTV) Inspections Integration of the existing CCTV
database and development of a digital library of video inspectio
Supervisory Control and Data Acquisition (SCADA) - SCADA information may be used to
identify pump station capacity and maintenance problems and direct preventative
maintenance operations.
Budgeting and Accounting Review system used for tracking of capital and O&M
expenditures and costs.
Property Accounting - Verification of total value of assets and remaining service life.
Sanitary Sewer Evaluation System (SSES)
Customer Information System (CIS)
1.4 Project Elements
The project is anticipated to include the following specific tas
1.4.1 Implement CMOM Self-Audit
The consultant shall assist the City in performing a CMOM Self-Audit using the USEPA's Region IV
CMOM Self-Audit/Self-Disclosure program and components of the USEPA SSO draft rule, i
CMOM and Asset Management (AM) business practices. Development oe City's CMOM will
involve participation of various departments within the City. K
identified to participate in the CMOM Self-Audit. Specialized expertise may be brought in from
outside the City to address technical issues that may arise during the audit.
CMOM Framework Development - Develop CMOM Framework using USEPA's Region IV MOM Self-
Audit. The consultant shall describe interactions with the Cit
framework incorporating asset management business practices where appropriate. Documentation of
O&M Practices - Inspect, inventory, evaluate, and document the City's existing m
operations, and maintenance programs. Develop programs to assess
management, operation, and maintenance of the wastewater collection sy
work practices in the collection system and establishing perform
benchmarking will identify operational improvements in order to rease efficiency and savings,
protect public health and safety, provide rapid response to the
procedures for operating pump stations in order to optimize oper
including peak flows.
1.4.2 Implement Gap Closure Plan - The consultant shall prioritize activities needed to address any
deficiencies revealed in the Self-Audit and developed Gap Closure Plan(s) in coordination with Cit
staff and project goals. These activities may include:
Gap Analysis Report - Determine Gaps in City programs for CMOM when compared
with USEPA CMOM Self-Audit. A detailed description of the gaps for each program
element shall be developed and presented in the CMOM Report.
Gap Closure Strategies - Develop strategies for addressing gaps. The report will
include recommended Gap Closure Projects including resources, ess and
schedule for implementing each.
Implementation Plan for Gap Closure - Develop an implementation plan(s) for gap
closure projects including resources, budget, and schedule for implementation.
Sanitary Sewer Evaluation Surveys (SSES) Development - The SSES will be the
condition assessment program for sewer system evaluation, inspec
3
rehabilitation. The assessments will include tracking of
(I/I) assessments, CCTV assessments, smoke testing, dye testing,
assessments, structural assessments, and other programs needed t
condition and identify defects of the existing collection system
Hydraulic Review To establish capacity assurance.
Digital Library - Implement a data collection program for infrastructure within th
collection system.
O&M Program Review
Critical Parts Inventory - Review program to identify critical parts needed for system
operation and maintenance of an adequate spare parts inventory.
Training Review- Collection System Staff training program review. Review programs
to train City staff on proper system inspection, O&M procedures,
software, record keeping, and compliance reporting.
BMP and SSO Abatement Programs - Develop Best Management Practices (BMP)
and SSO Abatement reviews. Includes documenting of current pump
balancing practices and other historical BMPs such as cleaning, -rooting, televising,
code enforcement, and trenchless rehabilitation, and development
rerouting and control alternatives.
ORP Review - Review the City's current Overflow Response / Emergency Response
Plan and recommend improved procedures if applicable.
Ordinance Review - Review sewer use ordinances, grease ordinance, pre-treatment
program or other legal documents needed to address pretreatment
address proper installation, testing, and inspection of new and
systems.
Compliance and Reporting Review
1.4.3. Information Management Systems (IMS)
The City currently utilizes several software packages for sanita
City intends to use software systems to construct an "Integratedr storing and
tracking information required as part of the CMOM Program.
1.4.4. Report
Consultant will prepare two (2) copies of CMOM Self-Audit report which summarizes all findings,
observed deficiencies, gap analysis and recommendations with estosts. Review comments
will be incorporated into the Final Report and five (5) copies s
address the following major areas:
TCEQ SSO Initiative Detailed Work Plan
Engineering Design
Satellite Communities
Sewer Use Ordinances
Organizational Structure
Internal Communications
Budgeting
Training
Safety
Customer Service
Equipment and Collection System Maintenance
Equipment Parts Inventory
Management Information System
System Mapping
Internal CCTV Inspection
Sewer Cleaning
Manhole Inspection and Assessment
Pump Stations
Capacity Assessment
Tracking SSOs
Overflow Emergency Response Plan
4
Smoke and Dye Testing
Hydrogen Sulfide Monitoring & Control
1.5 Project Duration
The entire project will be completed within 90 days of the notice to proceed. The City of Denton will
provide a location for the CMOM Self-Audit team to meet and will provide access to various staff for
interviews and follow-up discussions. Consultant will schedule interviews with staff,
minimize the impact on daily operations.
ACTIVITY Start/End Day
Anticipated Notice To Proceed 1
Task 1 - Preliminary Phase 1/14
Task 2 - CMOM Self-Audit Interviews/Analysis 15/45
Task 3 - CMOM Pre-submittal Report 46/60
Task 4 - CMOM Final Submittal Report 90
1.6
In addition to other responsibilities of OWNER as set forth in t
To Be Provided by Owner:
A. Provide access to key staff as necessary for CMOM audit intervie
B. Furnish copies or provide access to overflow records, maintenance records, etc.
C. Furnish copies or provide access to all Master Plans for the ent
D. Furnish GIS data
E. Furnish SSO historical database
F. Furnish or provide access to previous SSES reports, rehabilitatireports,
G. Furnish copies of TCEQ correspondence relating to SSOs
H. Furnish or provide access to City ordinances, SSO Response Plan,
Grease) policy, standard engineering design specifications, stan
specifications, organizational chart, budget, user rates, safety manual, and other
documents that may be identified during the meetings with staff
I.
1.7 Compensation to ENGINEER for Basic Services
OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A, progress payments in the amount
not to exceed $29,820 based on the Exhibit A Scope of Services.
5
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Planning & Development
ACM:
John Cabrales
SUBJECT - CA12-0001 I-35 Convention Center and Hotel Complex
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for a Comprehensive Plan amendment from an Existing Land Use/Infill Compatibility
future land use designation to a Downtown University Core future land use designation for
approximately 13.31 acres, generally located on the south side of I-35E, approximately 500 feet
west of North Texas Boulevard and legally described as a tract of land situated in the Eugene
Puchalski Survey, Abstract No. 996, Denton County, Texas, and being a portion of that certain
tract of land as described in deed to the State of Texas, recorded in Volume 294, Page 121, and
Volume 291, Page 82 of the deed records of Denton County, Texas, and being all of Lot 1, Block
1 of the Final Plat of Sheraton North Texas Addition, an addition to the City of Denton, Denton
County, Texas, recorded in Cabinet C, Page 400, of the plat records of Denton County, Texas;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and
providing for severability and an effective date. (CA12-0001) The Planning and Zoning
Commission recommended approval (6-0).
BACKGROUND
The subject property is owned by the University of North Texas (UNT) and was formerly
developed with a Radisson hotel and meeting room facility; however, the hotel was demolished
in early 2010. The current site development includes an asphalt parking lot and a detached pole
sign.
PROPOSAL
The City of Denton on behalf of UNT is proposing a Comprehensive Plan amendment to change
the Future Land Use designation of the subject site from Existing Land Use to Downtown
University Core. The purpose of the Comprehensive Plan amendment is to ensure that the
rezoning conforms to the Future Land Use element of the Denton Plan. In conjunction with the
Comprehensive Plan amendment request, staff is proposing to rezone the property from
Neighborhood Residential 2 (NR-2) and Neighborhood Residential Mixed Use (NRMU) to
Downtown Commercial General (DC-G). The Comprehensive Plan amendment must be
approved by City Council before approval of the proposed rezoning request.
UNT working in partnership with the City of Denton and a private developer is proposing to
redevelop the site with a full-service hotel, conference/convention center and restaurant. In the
NR-2 zoning district the proposed full-service hotel, conference/convention center and restaurant
are not permitted uses. While in the NRMU zoning district hotels are permitted by right,
conference/convention centers are not permitted and restaurants are permitted with a limitation
of L(11) which limits the restaurant to sit down only and with no more than 100 seats and no
more than 4,000 square feet of restaurant area. Rezoning the property to DC-G will allow the
site to redevelop with a hotel, conference/convention center and restaurant as permitted uses
without limitation.
On June 25, 2012, the City presented the Comprehensive Plan amendment and zoning change
request to the Denia Neighborhood during their June monthly meeting. There were
approximately eight members of the community that attended the meeting. Staff presented the
purpose of the Comprehensive Plan amendment and zoning change request and informed the
attendees about the scope of the hotel, conference/convention center and restaurant. Some of the
items discussed during the meeting included traffic, access and parking.
Public notices were sent to residents and property owners within 200 feet of the subject property,
see Exhibit 7. As of this writing, staff has not received any responses from property owners
within 200 feet of the subject property. However, staff has received one response from a
property owner within 500 feet and one response from a property owner within the Denia
Neighborhood, see Exhibit 8.
PRIOR ACTION/REVIEW
August 8, 2012 Planning and Zoning Commission Public Hearing
OPTIONS
1.Approve as submitted
2.Approve subject to conditions
3.Deny
4.Postpone consideration
5.Table item
RECOMMENDATION
approval
The Planning and Zoning Commission recommends of the Comprehensive Plan
amendment 6-0.
approval
The Development Review Committee recommends of the Comprehensive Plan
amendment.
EXHIBITS
1.Location Map
2.Existing Future Land Use Map
3.Proposed Future Land Use Map
4.Survey Hotel Site
5.Survey Conference Center Site
6.Proposed Site Plan
7.Notification Information Map
8.Responses from Public Hearing and Courtesy Notices
9.August 8, 2012 Planning and Zoning Commission Meeting Minutes
10.Draft Ordinance
Prepared by:
Ron Menguita, AICP
Development Review Liaison
Respectfully submitted:
Brian Lockley, AICP, CPM
Interim Director, Planning and Development
CITY OF DENTON
PLANNING AND ZONING COMMISSION
STAFF REPORT
DRC Date: March 22, 2012 CASE #: CA12-0001
P&Z Date: August 8, 2012 DDC SECTION:35.3.3
Project Number:
CA12-0001
Request:
Consider adoption of an ordinance of the City of Denton, Texas,
concerning amending the Comprehensive Plan by changing the
Future Land Use designation of approximately 13.31 acres of
property from an Existing Land Use designation to a Downtown
University Core land use designation.
Applicant/Property
Owner:
City of Denton on behalf of theUniversity of North Texas
Location:
The property is generally located on the south side of I-35E,
approximately 500 feet west of North Texas Boulevard.
Size:
13.31 acres
Existing Zoning
Designation:
Neighborhood Residential 2 (NR-2) and Neighborhood Residential
Mixed Use (NRMU)
Future Land Use:
Existing Land Use/Infill Compatibility
Case Planner:
Ron Menguita, AICP
DRC Recommendation: approval
The Development Review Committee recommends of
the Comprehensive Plan amendment.
Summary of Analysis:
Development Code/Zoning Analysis
In conjunction with this Comprehensive Plan amendment request, the applicant is requesting to
rezone the property from Neighborhood Residential 2 (NR-2) and Neighborhood Residential
Mixed Use (NRMU) to Downtown Commercial General (DC-G). A summary of the permitted
uses and general regulations in the NR-2, NRMU and DC-G zoning districts are presented in the
associated zoning change request Staff Report.
In the NR-2 zoning district the proposed full-service hotel, conference/convention center and
restaurant are not permitted uses. While in the NRMU zoning district hotels are permitted by
right, conference/convention centers are not permitted and restaurants are permitted with a
limitation of L(11) which limits the restaurant to sit down only and with no more than 100 seats
and no more than 4,000 square feet of restaurant area. Rezoning the property to DC-G will allow
the site to redevelop with a hotel, conference/convention center and restaurant as permitted uses
without limitation.
Comprehensive Plan Analysis
The subject property is located within an area designated “Existing Land Use” by the Denton
Plan. The Existing Land Use is described in the Denton Planas:
“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.”
The applicant is requesting to change the Future Land Use designation from Existing Land Use
to Downtown University Core. The Downtown University Core is described in the Denton Plan
as:
“Specified commercial areas of the downtown university core district should be places of
great vitality, with a mix of educational, residential, retail, office, service, government,
cultural, and entertainment development. The health and vitality of the area can contribute
in a major way to the city, its local and regional image, and quality of life. It is a place
where residents can live, work, learn, and play in the same neighborhood. It includes
different uses which may occur on each floor of the building.”
Pursuant to Section 35.3.3.B.2, the application shall address the impact of the proposed change
on the following:
a. The Goals and Objectives of the Denton Plan.
The proposed amendment will not impact the goals and objectives of the Denton Plan. The
proposed project will promote the goals and objective of the Denton Plan by meeting the
following principles, goals and strategies:
The quality of development, particularly commercial development along the city’s
corridors, is a significant factor in the quality of neighborhoods, the urban environment,
and the sustainability of structures. (p.42)
Redeveloped and expanded commercial areas are subjected to high standards of site
design and designed in relation to surrounding areas so as to provide safe, visually
pleasing vehicle and pedestrian access without compromising the character and
appearance of the built and natural environments. (p.47)
To create job opportunities and enhance the economic base of the planning area and the
county, by focusing on retaining and attracting commercial uses, in particular retail and
service-oriented business, in addition to focusing on industrial economic development
activities, and by developing an up-to-date inventory of all businesses and buildings
within the planning area. (p.47)
b. The Future Land Use element of The Denton Plan.
The proposed land use designation change will not have an adverse impact on the Future
Land Use element of the Denton Plan.
c. The balance of land uses in the City.
Amending the Comprehensive Plan for approximately 13.31 acres of land from an “Existing
Land Use” land use designation to a “Downtown University Core” land use designation will
not impact the balance of land uses in the City.
d. Adequate Public Facility elements of the Denton Plan, and how the proposed change
will affect the provision of the services anticipated in The Den
The assessment of public facilities and infrastructure for the project will be made during the
platting of the property. Staff’s opinion is that the scale of the proposed project will not
exceed the public facilities and infrastructure capacity currently in place.
Additional public facilities and infrastructure will not be required to support the proposed
hotel, conference/convention center and restaurant. Water is available via the existing 8-inch
main along I-35E and wastewater is available via the existing 8-inch gravity main along I-
35E.
In addition, according to Denton Development Code Section 35.3.3.B.3, the actions in Section
35.3.3.A shall be further evaluated under the following factors to balance the interest in
promoting the public health, safety, morals, or general welfare against the right to the use of the
property in issue:
a. The existing land use pattern surrounding the property and the possible impact on
existing or future development or uses that are in accordance with existing regulations.
The existing uses surrounding the subject property are compatible with the proposed use on
the subject property. The proposed hotel, conference/convention center and restaurant will
not impede the orderly development of the surrounding properties.
b. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
The proposed DC-G zoning district does not create an isolated district. The subject property
is located adjacent to land that is currently zoned DC-G.
c. The population density in order to facilitate the adequate provision of transportation,
water, sewer, schools, parks, public convenience, and other public requirements.
Water is available via the existing 8-inch main along I-35E and wastewater is available via
the existing 8-inch gravity main along I-35E. Additional public facilities and infrastructure
will not be required to support the proposed hotel, conference/convention center and
restaurant.
The proposed hotel, conference/convention center and restaurant will not increase the
population density. The proposed hotel, conference/convention center and restaurant will not
result in any increase in school or park demands.
d. The cost to the City and other governmental entities in providing, improving,
increasing or maintaining public utilities, schools, streets and other public safety
measures.
It is anticipated with applicable improvements, when necessary, that the existing public
utilities, streets and other public safety measures are adequate to serve the proposed hotel,
conference/convention center and restaurant. The proposed hotel, conference/convention
center and restaurant will not result in any increase in school demands.
e. The possible impact on the environment, including but not limited to, drainage, soil
erosion and sedimentation, flooding, air quality and water quantity.
The subject property is not within a designated Environmentally Sensitive Area (ESA) nor is
it within a FEMA designated floodplain. Prior to any clearing and grading activity the
developer will conduct a drainage study in order to assess necessary drainage facilities and
minimize soil erosion, sedimentation, and localized flooding.
f. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning or that proposed by the Future Land Use Map.
In the NR-2 zoning district hotels, conference/convention centers and restaurants are not
permitted uses. In the NRMU zoning district conference/convention centers is not a
permitted use. Rezoning the property to DC-G will allow the applicant to redevelop the
property with a hotel, conference/convention center and restaurant. In order to rezone the
subject property to DC-G the subject property must first attain a Comprehensive Plan
amendment from an “Existing Land Use” to a “Downtown University Core.”
g. The action shall be made with reasonable consideration of the character of the
district and its peculiar suitability for particular uses, and with a view of conserving the
value of buildings and encouraging the most appropriate use of land throughout the
City.
Surrounding land uses include UNT campus to the north, UNT’s Football Stadium and
Sports Field to the south and a single-family residential subdivision to the southeast. Located
in between the proposed hotel, conference/convention center and restaurant and single-family
residential subdivision is open space, referred to in UNT’s Master Plan as the “Greenway.”
The Greenway is a natural drainage system that includes a duck pond and both jogging and
bicycle trails, see Exhibit 1. The Greenway will provide a natural buffer between the
proposed hotel, conference/convention center and restaurant and the single-family residential
subdivision.
Denia Neighborhood Small Area Plan
The subject property is located within the boundaries of the Denia Neighborhood Small Area
Plan. The Small Area Plan provides goal statements, recommendations and implementation
actions for the area. The Small Area Plan was prepared to address areas in the Denia
Neighborhood in greater detail than the Denton Plan and to cover existing trends, issues, and
opportunities.
The Small Area Plan’s planning process is organized into three general categories: Community
and Economic Development; Planning and Development; and Infrastructure. Each category has
specific neighborhood goals and objectives that reflect the priorities of the Denia Neighborhood.
The Planning and Development goal and objectives are as follows:
Goal: Protect the residential integrity of the neighborhood and encourage development that
supports Denia’s identity as a residential neighborhood.
Objective 1: Encourage the expansion of neighborhood-oriented services and retail
businesses along existing commercial and retail corridors (I-35E access road, Fort Worth
Drive, and Bonnie Brae).
Objective 2: Discourage non-residential encroachment and development that adversely
impacts neighborhood infrastructure, facilities, and services.
Objective 3: Monitor development south of Willowwood and north of Roselawn to insure
that a full range of urban services (streets, water, sewer, utilities and adequate storm water
runoff) are in place to accommodate new development.
Objective 4: Develop an emergency evacuation plan of action that is site specific to the
Denia Neighborhood.
The proposed land use designation change and zoning change will not have an adverse
impact on the Planning and Development goal and objectives of the Denia Neighborhood
Small Area Plan.
Surrounding land uses include UNT campus to the north, UNT’s Football Stadium and
Sports Field to the south and a single-family residential subdivision to the southeast.
Located in between the proposed hotel, conference/convention center and restaurant and
single-family residential subdivision is open space, referred to in UNT’s Master Plan as the
“Greenway.” The Greenway is a natural drainage system that includes a duck pond and
both jogging and bicycle trails, see Exhibit 1. The Greenway will provide a natural buffer
between the proposed hotel, conference/convention center and restaurant and the single-
family residential subdivision.
The Small Area Plan also identified issues that are of concern to the residents of the
neighborhood. The issues are categorized by the same topics above. An issue identified under
the Planning and Development category is as follows:
Issue 1: Evaluate the impact of future development upon neighborhood infrastructure, public
facilities and services delivery.
Future development should not negatively impact or overload neighborhood infrastructure,
public facilities, and City services delivery capacities. The Denia neighborhood desires to
maintain concurrency between new development and the level of neighborhood
infrastructure, facilities and services by:
1)Performing traffic generation studies for proposed developments with neighborhood
input;
2)Addressing all negative traffic and circulation problems/impacts before construction of
proposed development; and
3)Assessing the proposed development’s impact on facilities and services, i.e., Borman
Elementary School, Denia Recreation Center, Denia Park, etc.
The proposed hotel, conference/convention center and restaurant will require a Traffic
Impact Analysis (TIA) to determine if the increase traffic demand from the proposed
hotel, conference/convention center and restaurant will require public improvements
(e.g. widening, additional driveway locations, or right turn lanes) and/or cost participate
(e.g. signalization at impacted intersections). All proposed roadway improvements must
be reviewed/approved by the city and by TXDOT prior to construction of the proposed
project.
Additional public facilities and infrastructure will not be required to support the
proposed hotel, conference/convention center and restaurant. Water is available via the
existing 8-inch main along I-35E and wastewater is available via the existing 8-inch
gravity main along I-35E.
The proposed hotel, conference/convention center and restaurant will not result in any
increase in school or park demands.
Findings of Fact
1.The subject property is located within an area designated as “Existing Land Use” by the
Denton Plan.
2.The subject property is located within both Neighborhood Residential 2 (NR-2) and
Neighborhood Residential Mixed Use (NRMU) zoning districts.
3.The approximately 13.31 acre property is generally located on the south side of I-35E,
approximately 500 feet west of North Texas Boulevard.
4.On July 17, 2012, City Council adopted an ordinance amending the DDC by adding
Conference/Convention Center as a land use in Subchapter 35.5 and by adding a
definition of Conference/Convention Center in Subchapter 35.23.
5.Pursuant to Section 35.3.3.B the criteria for approval of amending the Comprehensive
Plan have been met.
6.Pursuant to Section 35.3.4.B the criteria for approval of a zoning change have been met.
7.The subject property is located within the boundaries of the Denia Neighborhood Small
Area Plan.
8.The current site development includes an asphalt parking lot.
9.Adjacent uses consist of UNT campus to the north, UNT’s football stadium to the south
and a single-family residential development to the west.
10.Adjacent zoning to the north is Downtown Commercial General (DC-G). Adjacent
zoning to the immediate west, south, and east is Neighborhood Residential 2 (NR-2).
11.There are no presences of FEMA floodplain areas and Environmentally Sensitive Areas
(ESAs) within the subject property.
12.Additional public facilities and infrastructure will not be required to support the proposed
hotel, conference/convention center and restaurant. Water is available via the existing 8-
inch main along I-35E and wastewater is available via the existing 8-inch gravity main
along I-35E.
DEVELOPMENT REVIEW COMMITTEE
Based on the criteria for approval found in the DDC, information provided by the applicant, and
IS CONSISTENT
recent site visits, the Development Review Committee finds that the request
IS CONSISTENT
with the surrounding land uses and general character of the area, with the
IS CONSISTENT
Denton Plan, and with the Denton Development Code.
General Notes:
1.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.
2.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:
Downtown Commercial General Downtown Commercial General Downtown Commercial General
(DC-G) (DC-G) (DC-G)
UNT Campus UNT Campus UNT Campus
West: Subject Property: East:
Neighborhood Residential 2 (NR-2)
Neighborhood Residential 2 (NR-2) Neighborhood Residential 2(NR-2)
UNT Football Stadium and Neighborhood Residential and Neighborhood Residential 3
Mixed Use (NRMU) (NR-3)
Asphalt Parking Lot UNT Open Space
(Greenway)/Single-family
Residential Subdivision
Southwest: South: Southeast:
Neighborhood Residential 2 (NR-2) Neighborhood Residential 2 (NR-2) Neighborhood Residential 2 (NR-2)
UNT Football Stadium UNT Football Stadium/Sport Fields and Neighborhood Residential 3
(NR-3)
UNT Open Space
(Greenway)/Single-family
Residential Subdivision
Source: City of Denton Geographical Information System and site visit by City staff.
Compatibility with Surrounding Land Uses:
Surrounding land uses include UNT campus to the north UNT’s Football Stadium and Sports
Field to the south and a single-family residential subdivision to the southeast. Located in
between the proposed hotel, conference/convention center and restaurant and single-family
residential subdivision is open space, referred to in UNT’s Master Plan as the “Greenway.” The
Greenway is a natural drainage system that includes a duck pond and both jogging and bicycle
trails, see Exhibit 1. The Greenway will provide a natural buffer between the proposed hotel,
conference/convention center and restaurant and the single-family residential subdivision. The
proposed hotel, conference/convention center and restaurant is compatible with the surrounding
land uses.
Comprehensive Plan:
A.Consistency with Goals, Objectives and Strategies:
The proposed land use designation change will not have an adverse impact on the Future Land
Use element of the Denton Plan.
B.Land Use Analysis:
Refer to the Development Code/Zoning Analysis in the associated zoning change request Staff
Report.
Fire and EMS:
The subject property is owned by UNT. The adopted Fire Code does not apply to property under
state control unless the building and business are privately owned or unless agreed by a third
party through an agreement. If it is determined that the adopted Fire Code does apply, the
proposed hotel, conference/convention center and restaurant will be reviewed for compliance
with the 2006 International Fire Code and City Ordinance 2009-098, Section 29-2 Amendments
to the Fire Code and will follow other City codes unless deemed not applicable.
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
Water is available via the existing 8-inch main along I-35E and wastewater is available via the
existing 8-inch gravity main along I-35E.
B. Available Capacity:
The existing water and wastewater lines size is adequate to serve the proposed development.
C. CIP Planned Improvements:
There are no current CIP improvements for water and wastewater facilities planned serving the
subject property.
Roadways/Transportation Network:
A. Estimated Demand:
The subject property fronts onto the I-35E frontage roadway which is operated and maintained
by TXDOT. The proposed hotel, conference/convention center and restaurant will require a
Traffic Impact Analysis (TIA) to determine if the increase traffic demand from the proposed
hotel, conference/convention center and restaurant will require public improvements (e.g.
widening, additional driveway locations, or right turn lanes) and/or cost participate (e.g.
signalization at impacted intersections).
B. Available Capacity:
If required by the TIA, the applicant will be required to dedicate additional rights-of-way and/or
construct the necessary roadway improvements. In addition, pay any cost participation that is
required. All proposed roadway improvements must be reviewed/approved by the city and by
TXDOT prior to construction of the proposed project.
C. Roadway Conditions
:
The frontage roadway is operated and maintained by TXDOT.
D. CIP Planned Improvements:
There are no current CIP improvements for the roadways/transportation network planned serving
the subject property. However, the subject property will be subject to the future TXDOT
Widening project. Any future development of the property will be required to comply with the
TXDOT Widening Schematic Plans. Coordination with TXDOT will be required to determine
future controlled access locations along I-35E.
Environmental Conditions:
There are no presences of FEMA floodplain areas and ESAs within the subject property.
Wells (Public/Private):
No public or private portable water wells are proposed for the subject property.
Airports:
The subject site is not within the boundaries of the Denton Municipal Airport Overlay District.
Electric:
The subject property is served by Denton Municipal Electric.
Park Facilities:
The proposed hotel, conference/convention center and restaurant will not result in any increase in
park demands.
Comments from other Governmental Agencies:
None
Exhibit 1
Location Map
Exhibit 2
Existing Future Land Use Map
Exhibit 3
Proposed Future Land Use Map
Exhibit 4
Survey Hotel Site
Exhibit 5
Survey Conference Center Site
Exhibit 6
Proposed Site Plan
Exhibit 7
Notification Information Map
Public Notification Date: July 25, 2012
200 ft. Legal Notices sent via certified mail: 1
500 ft. Certified Notices sent via regular mail: 12
Number of responses to 200’ Legal Notice
In opposition: 0
In Favor: 0
Neutral: 0
Exhibit8
ResponsesfromPublicHearingand
CourtesyNotices
Exhibit 9
August 8, 2012 Planning and Zoning
Commission Meeting Minutes
C.Hold a public hearing and consider making a recommendation to the City Council regarding
the adoption of an ordinance concerning amending the Comprehensive Plan by changing the
Future Land Use designation of approximately 13.31 acres of property from an Existing
Land Use designation to a Downtown University Core land use designation. The property
is generally located on the south side of I-35E, approximately 500 feet west of North Texas
Boulevard. (CA12-0001, Convention Center and Hotel Complex, Ron Menguita)
Menguita provided a brief background on this request. The proposal for this subject site is for the
University of North Texas to partner with the City of Denton to redevelop the site. This would
consist of a full-service hotel that includes a restaurant and a conference/convention center.
Menguita stated one public notice was sent to residents and property owners within 200 feet of
the subject property and 12 within 500 feet of the subject site. At the time of this meeting there
had been no responses returned. Menguita stated Linda Ratliff; the Director of Economic
Development is present. Taylor questioned if the hotel would have been allowed during the 1999
existing land use categorization. Menguita stated that is correct. Taylor questioned why it isn’t
allowed at this time; Cunningham stated there is a two step process to supersede. Cunningham
stated staff is proposing to rezone the subject site to Downtown Commercial General which
would extend across interstate 35. Cunningham added it would have to be in accordance with the
Comprehensive Plan, once the Comprehensive Plan has been amended the zoning request can
take place. Thomas closed the Public Hearing.
Commissioner Jean Schaake motioned, Commissioner Brian Bentley seconded to approve this
request. Motion approved (6-0).
D.Hold a public hearing and consider making a recommendation to the City Council
concerning rezoning approximately 13.31 acres of property from Neighborhood Residential
2 (NR-2) and Neighborhood Residential Mixed Use (NRMU) zoning districts to a
Downtown Commercial General (DC-G) zoning district. The property is generally located
on the south side of I-35E, approximately 500 feet west of North Texas Boulevard. (Z12-
0002. Convention Center and Hotel Complex, Ron Menguita)
Menguita provided a brief background to this request. Menguita stated one public notice was
sent to residents and property owners within 200 feet of the subject property and 12 within 500
feet of the subject site. At the time of this meeting there had been no responses returned.
Menguita stated staff recommends approval of this zoning request. Thomas stated the
representative from the University of North Texas (UNT) is present; Chairman Thomas asked
the representative if he would like to speak however, he did not wish to speak.
Mark Wirtz, 1131 North Texas Boulevard, Denton, Texas
Wirtz stated he has resided at this property for the past 30 years, his property abuts UNT golf
course. Wirtz stated he would strongly urge the Commission to prohibit any other gas stations or
restaurants from developing on this subject site.
Exhibit10
DraftOrdinance
BEING A 13.3058 ACRE TRACT OF LAND SITUATED IN THE EUGENE PUCHALSKI SURVEY,
ABSTRACT NO. 996, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN
TRACT OF LAND AS DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN VOLUME
294, PAGE 121, AND VOLUME 291, PAGE 82 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS, AND BEING ALL OF LOT 1, BLOCK 1 OF THE FINAL PLAT OF SHERATON NORTH TEXAS
ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN
CABINET C, PAGE 400, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS. SAID 13.3058
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING
at a 1/2 inch iron rod found for the northwest corner of said Lot 1, Block A and lying in the
south right-of-way line of Interstate Highway 35-E (Variable Width R.O.W.), from which a 1/2 inch iron rod
found bears N 34˚ 13' 02” E, a distance of 2.59 feet;
THENCE
S 61° 39' 33" E, along the north line hereof, and said south right-of-way line, passing at a
distance of 71.32 feet, a TXDOT monument found with 3 inch aluminum disk, continuing in all a total
distance of 101.33 feet, to a TXDOT monument found with 3 inch aluminum disk, also being the
beginning of a curve to the left having a central angle of 3° 56' 07”, a radius of 11206.62 feet, a chord
which bears S 63° 22' 23” E, and a chord length of 769.53 feet;
THENCE
along said curve to the left an arc length of 769.68 feet, to a 1/2 inch iron rod found for corner;
THENCE
S 65° 20' 05" E, continuing along the north line hereof, and said south right-of-way line, a
distance of 70.36 feet, to a 1/2 inch iron rod found being the northeast corner of said Lot 1, Block A;
THENCE
S 65° 04' 27" E, a distance of 214.42 feet, to a 5/8 inch capped iron rod set and stamped TNP
for the northeast corner hereof, from which a 1/2 inch iron found bears S 65˚ 04’ 27” E, a distance of
224.11 feet;
THENCE
over and across said State of Texas tracts the following nine (9) courses and distances:
S 20° 55' 26" W, along the east line hereof, passing at a distance of 32.93 feet, a PK Nail found
lying in the proposed south right-of-way line of said Interstate Highway 35-E, continuing in all a
total distance of 196.29 feet, to a 5/8 inch capped iron rod set and stamped TNP for corner, also
being the beginning of a curve to the left having a central angle of 29° 32' 07”, a radius of 333.94
feet, a chord which bears S 65° 11' 19” W, and a chord length of 170.24 feet;
Along said curve to the left an arc length of 172.14 feet, to a 5/8 inch capped iron rod set and
stamped TNP for corner, also being the beginning of a reverse curve to the right having a central
angle of 15° 07' 01”, a radius of 491.13 feet, a chord which bears S 56° 09' 37” W, and a chord
length of 129.20 feet;
Along said reverse curve to the right an arc length of 129.58 feet, to a 5/8 inch capped iron rod
set and stamped TNP for corner, also being the beginning of a reverse curve to the left having a
central angle of 17° 16' 55”, a radius of 408.58 feet, a chord which bears S 53° 59' 05” W, and a
chord length of 122.77 feet;
Along said curve to the left an arc length of 123.24 feet, to a 5/8 inch capped iron rod set and
stamped TNP for the southeast corner hereof;
N 66° 21' 54" W, a distance of 724.13 feet, to a 5/8 inch capped iron rod set and stamped TNP for
the southwest corner hereof;
N 09° 25' 45" W, a distance of 446.95 feet, to a 5/8 inch capped iron rod set and stamped (TNP)
for an angle point hereof;
N 28° 27' 59" E, a distance of 129.60 feet, to a 5/8 inch capped iron rod set and stamped TNP for
corner and lying in said proposed south right-of-way line of Interstate Highway 35-E;
S 61° 52' 24" E, along said proposed south right-of-way line, a distance of 30.19 feet, to a 5/8
inch capped iron rod set and stamped TNP for corner, also lying in the west line of said Lot 1,
Block A;
N 28° 34' 57" E, along the west line of said Lot 1, Block A and the west line hereof, a distance of
POINT OF BEGINNING,
91.93 feet, to the and containing 13.3058 acres of land more or less.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Planning & Development
ACM:
John Cabrales
SUBJECT - Z12-0002 I-35 Convention Center and Hotel Complex
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 2 (NR-2) and Neighborhood
Residential Mixed Use (NRMU) to a Downtown Commercial General (DC-G) zoning district
classification and use designation for approximately 13.31 acres, generally located on the south
side of I-35E, approximately 500 feet west of North Texas Boulevard and legally described as a
tract of land situated in the Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas,
and being a portion of that certain tract of land as described in deed to the State of Texas,
recorded in Volume 294, Page 121, and Volume 291, Page 82 of the deed records of Denton
County, Texas, and being all of Lot 1, Block 1 of the Final Plat of Sheraton North Texas
Addition, an addition to the City of Denton, Denton County, Texas, recorded in Cabinet C, Page
400, of the plat records of Denton County, Texas; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof; and providing for severability and an effective date.
(Z12-0002) The Planning and Zoning Commission recommended approval (6-0).
BACKGROUND
The subject property is owned by the University of North Texas (UNT) and was formerly
developed with a Radisson hotel and meeting room facility. However the development was
demolished in early 2010. The current site development includes an asphalt parking lot and a
detached pole sign.
PROPOSAL
The City of Denton on behalf of UNT is requesting a zoning change from Neighborhood
Residential 2 (NR-2) and Neighborhood Residential Mixed Use (NRMU) to Downtown
Commercial General (DC-G) to allow for the subject site to be developed with a
conference/convention center, full-service hotel and restaurant. In conjunction with this zoning
change request, the City is requesting a Comprehensive Plan amendment to change the Future
Land Use designation from an Existing Land Use designation to Downtown University Core.
The purpose of the Comprehensive Plan amendment is to ensure that the rezoning conforms to
the Future Land Use element of the Denton Plan. The Comprehensive Plan amendment must
first be approved by City Council before the proposed rezoning request can be considered.
In the NR-2 zoning district the proposed full-service hotel, conference/convention center and
restaurant are not permitted uses. While in the NRMU zoning district hotels are permitted by
right, conference/convention centers are not permitted and restaurants are permitted with a
limitation of L(11) which limits the restaurant to sit down only and with no more than 100 seats
and no more than 4,000 square feet of restaurant area. Rezoning the property to DC-G will allow
the site to redevelop with a hotel, conference/convention center and restaurant as permitted uses
without limitation.
On June 25, 2012, the City presented the Comprehensive Plan amendment and zoning change
request to the Denia Neighborhood during their June monthly meeting. There were
approximately eight members of the community that attended the meeting. Staff presented the
purpose of the Comprehensive Plan amendment and zoning change request and informed the
attendees about the scope of the hotel and conference/convention center. Some of the items
discussed during the meeting included traffic, access and parking.
Public notices were sent to residents and property owners within 200 feet of the subject property,
see Exhibit 7. As of this writing, staff has not received any responses from property owners
within 200 feet of the subject property. However, staff has received one response from a
property owner within 500 feet and one response from a property owner within the Denia
Neighborhood, see Exhibit 8.
PRIOR ACTION/REVIEW
August 8, 2012 Planning and Zoning Commission Public Hearing
OPTIONS
1. Approve as submitted
2. Approve subject to conditions
3. Deny
4. Postpone consideration
5. Table item
RECOMMENDATION
approval
The Planning and Zoning Commission recommends of the Comprehensive Plan
amendment 6-0.
approval
The Development Review Committee recommends of the zoning change request.
EXHIBITS
1.Location Map
2.Existing Zoning Map
3.Proposed Zoning Map
4.Survey Hotel Site
5.Survey Conference Center Site
6.Proposed Site Plan
7.Notification Information Map
8.Responses from Public Hearing and Courtesy Notices
9.August 8, 2012 Planning and Zoning Commission Meeting Minutes
10.Draft Ordinance
Prepared by:
Ron Menguita, AICP
Development Review Liaison
Respectfully submitted:
Brian Lockley, AICP, CPM
Interim Director, Planning and Development
CITY OF DENTON
PLANNING AND ZONING COMMISSION
STAFF REPORT
DRC Date: March 22, 2012 CASE #: Z12-0002
P&Z Date: August 8, 2012 DDC SECTION:35.3.4
Project Number:
Z12-0002
Request:
Consider adoption of an ordinance of the City of Denton, Texas,
concerning rezoning approximately 13.31 acres of property from
Neighborhood Residential 2 (NR-2) and Neighborhood Residential
Mixed Use (NRMU) zoning districts to a Downtown Commercial
General (DC-G) zoning district.
Applicant/Property
Owner:
City of Denton on behalf of theUniversity of North Texas
Location:
The property is generally located on the south side of I-35E,
approximately 500 feet west of North Texas Boulevard.
Size:
13.31 acres
Existing Zoning
Designation:
Neighborhood Residential 2 (NR-2) and Neighborhood Residential
Mixed Use (NRMU)
Future Land Use:
Existing Land Use
Case Planner:
Ron Menguita, AICP
DRC Recommendation: approval
The Development Review Committee recommends of
the zoning change request.
Summary of Analysis:
Development Code/Zoning Analysis
The applicant is requesting a zoning change from Neighborhood Residential 2 (NR-2) and
Neighborhood Residential Mixed Use (NRMU) to Downtown Commercial General (DC-G). In
the NR-2 zoning district the proposed full-service hotel, conference/convention center and
restaurant are not permitted uses. While in the NRMU zoning district hotels are permitted by
right, conference/convention centers are not permitted and restaurants are permitted with a
limitation of L(11) which limits the restaurant to sit down only and with no more than 100 seats
and no more than 4,000 square feet of restaurant area. Rezoning the property to DC-G will allow
the site to redevelop with a hotel, conference/convention center and restaurant as permitted uses
without limitation. A summary of the permitted uses and general regulations in the NR-2,
NRMU and DC-G zoning districts are presented in the following tables.
Residential Land Use Categories NR-2 NRMU DC-G
Agriculture P P P
Livestock L(7) L(7) L(7)
Single Family Dwellings P N N
SUP
Accessory Dwelling Units N N
L(1)
Attached Single Family Dwellings N L(40) P
Dwellings Above Businesses N P P
Live/Work Units N P P
Community Homes For the Disabled P P P
Group Homes N SUP SUP
SUP
Multi-Family Dwellings N L(5)
L(4)
Manufactured Housing Developments SUP N N
Commercial Land Use Categories NR-2 NRMU DC-G
Home Occupation P P P
HotelsNPP
Bed and Breakfast N P P
Retail Sales and Service N L(17) P
Movie Theaters N N SUP
Restaurant or Private Club NL(11) P
Drive-through Facility N SUP SUP
Professional Services and Offices N L(17) P
Quick Vehicle Servicing N SUP SUP
Vehicle Repair N N SUP
Auto and RV Sales N N L(20)
Laundry Facilities N P P
Equestrian Facilities SUP N N
Outdoor Recreation P SUP N
Indoor Recreation N N P
Major Event Entertainment N N SUP
Conference/Convention Center NNP
Commercial Parking Lots N N L(28)
Administrative or Research Facilities N L(14) P
Broadcasting or Production Studio N L(14) P
Temporary Uses L(38) L(38) L(38)
Industrial Land Use Categories NR-2 NRMU DC-G
Printing / Publishing N N P
Bakeries N L(21) P
SUP/
Wholesale Sales N N
L(36)
SUP/
Wholesale Nurseries N N
L(36)
Kennels L(37) N N
Veterinary Clinics L(14) P P
SUPSUP
Gas Wells L(27)
L(27) L(27)
Institutional Land Use Categories NR-2 NRMU DC-G
Basic Utilities L(25) L(25) SUP
Community Service N P P
Parks and Open Space P P P
Churches P P P
Semi-public, Halls, Clubs, and Lodges SUP P P
Business / Trade School N L(14) P
Adult or Child Day Care SUP P P
Kindergarten, Elementary School SUP P N
Middle School N P N
High School N SUP N
Colleges N N P
Hospital N N P
Elderly Housing N P P
Medical Centers N P P
Mortuaries N N P
WECS (Free-standing Monopole Support
SUP SUP SUP
Structure)
WECS (Building-mounted) SUP SUP SUP
General Regulations NR-2 NRMU DC-G
Minimum lot area (square feet) 16,000 2,500 None
Minimum lot width 80 feet 20 feet None
Minimum lot depth 100 feet 50 feet None
Minimum front yard setback 20 feet None None
Minimum side yard 6 feet 6 feet None
Minimum side yard adjacent to a street 10 feet None None
Minimum rear yard 10 feet None None
General RegulationsNR-2 NRMU DC-G
Maximum density, dwelling units per acre 2 30 150
Minimum side yard for non-attached
10 feet 12 feet n/a
buildings
General RegulationsNR-2 NRMU DC-G
Maximum lot coverage 30% 80% 85%
Minimum landscaped area 70% 20% 15%
100 feet/
Maximum building height 40 feet 65 feet
L(33)
110 feet/
Maximum WECS height 55 feet 75 feet
L(33)
10 feet 20 feet 20 feet
plus 1 plus 1 plus 1
foot for foot for foot for
eacheacheach
Minimum yard when abutting a single-
foot of foot of foot of
family use or district
buildingbuildingbuilding
heightheightheight
aboveaboveover 30
20 feet 20 feet feet
Minimum residential unit size n/a n/a 500 SF
Maximum FAR n/a n/a 3.0
L(1) = Accessory dwelling units are permitted, subject to the follow
1.The proposal must conform with the overall maximum lot coverage
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 r
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
this Chapter.
5.The maximum gross habitable floor area (GHFA) of the accessory r
exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or
greater than ten acres in size. An SUP is not required for such an accessory residential structure
where the lot size is equal to or greater than ten acres.
L(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)
L(5) = Within this district the density of apartments will be calculated as one bedroom equating to
.5 units.
L(7) = Limited to two (2) animals on parcels one (1) to three (3) a
may be added at a rate of one per each acre over three.
L(11) = Limited to sit down only, and no drive up service permitted.
L(14) = Uses are limited to no more than 10,000 square feet of gross floor area.
L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except
grocery stores may be larger with approval of an SUP.
L(20) = Permitted, but outdoor storage of autos prohibited.
L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products
produced required in this zone.
L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific
Use Permit.
L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production.
L(28) = Use allowed as part of consolidated parking plan.
L (33)
= Additional height may be allowed with an SUP and a viewshed study, which illustrates that any
views of the Historic Courthouse are not blocked by the new structure(s) additional height.
L (36) = Permitted when combined with retail sales.
L (37) = 5-acre minimum land area required and no more than 25 kennels per acre allowed,
including indoor and outdoor runs. A natural buffer strip is re
use.
L (38) = Must meet the requirements of Section 35.12.9.
L (40) = Limited to a maximum 12 units per acre.
In the DC-G zoning district, the general regulations are less restrictive compared to the NR-2 and
NRMU zoning districts. In the DC-G zoning district, no minimum lot area, minimum lot width,
minimum lot depth, minimum front yard setback, minimum side yard setback, minimum side
yard setback adjacent to a street, or minimum read yard setback are required.
In addition, the maximum (density) dwelling units per acre is significantly higher in the DC-G
zoning district than it is in the NR-2 and NRMU zoning districts. The maximum (density)
dwelling units per acre in the DC-G zoning district is 150, while it is 2 and 30 in the NR-2 and
NRMU zoning districts, respectively.
The maximum lot coverage is much more in the DC-G zoning district than it is in the NR-2 and
NRMU zoning districts. The maximum lot coverage in the DC-G zoning district is 85%, while it
is 30% and 80% in the NR-2 and NRMU zoning districts, respectively.
The minimum landscape area is much less in the DC-G zoning district than it is in the NR-2 and
NRMU zoning districts. The minimum landscape area in the DC-G zoning district is 15%, while
it is 70% and 20% in the NR-2 and NRMU zoning districts, respectively.
The maximum building height is much more in the DC-G zoning district than it is in the NR-2
and NRMU zoning districts. The maximum building height in the DC-G zoning district is 100
feet with a limitation of L(33), while it is 40 feet and 65 feet in the NR-2 and NRMU zoning
districts, respectively.
Comparing the permitted uses in the NR-2 and DC-G zoning districts, the following uses are not
permitted in the NR-2 zoning district, but are permitted by right or limited as defined in Section
35.5.8 in the DC-G zoning district:
Attached Single Family Dwellings
Dwellings Above Businesses
Live/Work Units
Multi-family Dwellings
Hotels
Bed and Breakfast
Retail Sales and Services
Restaurant or Private Club
Professional Services and Offices
Auto and RV Sales
Laundry Facilities
Indoor Recreation
Commercial Parking Lots
Administrative or Research Facilities
Broadcasting or Production Studio
Printing/Publishing
Bakeries
Veterinary Clinics
Community Service
Business/Trade School
Colleges
Conference/Convention Center
Hospitals
Elderly Housing
Medical Centers
Mortuaries
Comparing the permitted uses in the NRMU and DC-G zoning districts, the following uses are
not permitted in the NRMU zoning district, but are permitted by right or limited as defined in
Section 35.5.8 in the DC-G zoning district:
Multi-family Dwellings
Auto and RV Sales
Indoor Recreation
Commercial Parking Lots
Printing/Publishing
Colleges
Conference/Convention Center
Hospitals
Mortuaries
Pursuant to subsection 35.3.4.B. a zoning amendment shall be issued only when the following
standards are met:
1.The following rezoning conforms to the Future Land Use element o
Plan.
In conjunction with this rezoning request, the applicant has applied for a Comprehensive
Plan amendment to amend the future land use from “Existing Land Use” to “Downtown
University Core.” The Comprehensive Plan amendment must first be approved to
Downtown University Core before the proposed zoning change request can be consider.
If the Comprehensive Plan amendment is approved, the proposed zoning of DC-G will
consistent with the future land use of Downtown University Core. The proposed
rezoning will not have an adverse impact on the Future Land Use element of the Denton
Plan.
2.The proposed rezoning facilitates the adequate provisions of transportation, water,
sewers, schools, parks, other public requirements and public convenience.
It is anticipated with applicable improvements, when necessary, that the existing public
utilities, other public requirements and public convenience are adequate to serve the
proposed hotel, conference/convention center and restaurant. Water is available via the
existing 8-inch main along I-35E and wastewater is available via the existing 8-inch
gravity main along I-35E.
The subject property fronts onto the I-35E frontage roadway which is operated and
maintained by TXDOT. The proposed hotel, conference/convention center and restaurant
will require a Traffic Impact Analysis (TIA) to determine if the increase traffic demand
from the proposed hotel, conference/convention center and restaurant will require public
improvements (e.g. widening, additional driveway locations, or right turn lanes) and/or
cost participate (e.g. signalization at impacted intersections). All proposed roadway
improvements must be reviewed/approved by the city and by TXDOT prior to
construction of the proposed project.
The proposed hotel, conference/convention center and restaurant will not result in any
increase in school or park demands.
Comprehensive Plan Analysis
In conjunction with this rezoning request, the applicant has applied for a Comprehensive Plan
amendment to change the Future Land Use designation from an Existing Land Use designation
to a Downtown University Core land use designation. The purpose of the Comprehensive Plan
amendment is to ensure that the rezoning conforms to the Future Land Use element of the
Denton Plan. The Comprehensive Plan amendment must first be approved by City Council
before the proposed rezoning request can be considered. A more detailed Comprehensive Plan
analysis is presented in the associated Comprehensive Plan amendment request Staff Report.
Findings of Fact
1.The subject property is located within an area designated as “Existing Land Use” by the
Denton Plan.
2.The subject property is located within both Neighborhood Residential 2 (NR-2) and
Neighborhood Residential Mixed Use (NRMU) zoning districts.
3.The approximately 13.31 acre property is generally located on the south side of I-35E,
approximately 500 feet west of North Texas Boulevard.
4.On July 17, 2012, City Council adopted an ordinance amending the DDC by adding
Conference/Convention Center as a land use in Subchapter 35.5 and by adding a
definition of Conference/Convention Center in Subchapter 35.23.
5.Pursuant to Section 35.3.3.B the criteria for approval of amending the Comprehensive
Plan have been met.
6.Pursuant to Section 35.3.4.B the criteria for approval of a zoning change have been met.
7.The subject property is located within the boundaries of the Denia Neighborhood Small
Area Plan.
8.The current site development includes an asphalt parking lot.
9.Adjacent uses consist of UNT campus to the north, UNT’s football stadium to the south
and a single-family residential development to the west.
10.Adjacent zoning to the north is Downtown Commercial General (DC-G). Adjacent
zoning to the immediate west, south, and east is Neighborhood Residential 2 (NR-2).
11.There are no presences of FEMA floodplain areas and Environmentally Sensitive Areas
(ESAs) within the subject property.
12.Additional public facilities and infrastructure will not be required to support the proposed
hotel, conference/convention center and restaurant. Water is available via the existing 8-
inch main along I-35E and wastewater is available via the existing 8-inch gravity main
along I-35E.
DEVELOPMENT REVIEW COMMITTEE
Based on the criteria for approval in the DDC, information provided by the applicant, and recent
IS CONSISTENT
site visits, the Development Review Committee finds that the request with
IS CONSISTENT
the surrounding land uses and general character of the area, with the Denton
IS CONSISTENT
Plan, and with the Denton Development Code.
General Notes:
1.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.
2.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:
Downtown Commercial General Downtown Commercial General Downtown Commercial General
(DC-G) (DC-G) (DC-G)
UNT Campus UNT Campus UNT Campus
West: Subject Property: East:
Neighborhood Residential 2 (NR-2)
Neighborhood Residential 2 (NR-2) Neighborhood Residential 2(NR-2)
and Neighborhood Residential
UNT Football Stadium and Neighborhood Residential 3
Mixed Use (NRMU) (NR-3)
Asphalt Parking Lot UNT Open Space
(Greenway)/Single-family
Residential Subdivision
Southwest: South: Southeast:
Neighborhood Residential 2 (NR-2) Neighborhood Residential 2 (NR-2) Neighborhood Residential 2 (NR-2)
UNT Football Stadium UNT Football Stadium/Sport Fields and Neighborhood Residential 3
(NR-3)
UNT Open Space
(Greenway)/Single-family
Residential Subdivision
Source: City of Denton Geographical Information System and site visit by City staff.
Compatibility with Surrounding Land Uses:
Surrounding land uses include UNT campus to the north, UNT’s Football Stadium and Sports
Field to the south and a single-family residential subdivision to the southeast. Located in
between the proposed hotel, conference/convention center and restaurant and single-family
residential subdivision is open space, referred to in UNT’s Master Plan as the “Greenway.” The
Greenway is a natural drainage system that includes a duck pond and both jogging and bicycle
trails, see Exhibit 1. The Greenway will provide a natural buffer between the proposed hotel,
conference/convention center and restaurant and the single-family residential subdivision. The
proposed hotel, conference/convention center and restaurant is compatible with the surrounding
land uses.
Comprehensive Plan:
A.Consistency with Goals, Objectives and Strategies:
The proposed land use designation change will not have an adverse impact on the Future Land
Use element of the Denton Plan.
B.Land Use Analysis:
Refer to the Development Code/Zoning Analysis presented above.
Fire and EMS:
The subject property is owned by UNT. The adopted Fire Code does not apply to property under
state control unless the building and business are privately owned or unless agreed by a third
party through an agreement. If it is determined that the adopted Fire Code does apply, the
proposed hotel, conference/convention center and restaurant will be reviewed for compliance
with the 2006 International Fire Code and City Ordinance 2009-098, Section 29-2 Amendments
to the Fire Code and will follow other City codes unless deemed not applicable.
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
Water is available via the existing 8-inch main along I-35E and wastewater is available via the
existing 8-inch gravity main along I-35E.
B. Available Capacity
:
The existing water and wastewater lines size is adequate to serve the proposed development.
C. CIP Planned Improvements
:
There are no current CIP improvements for water and wastewater facilities planned serving the
subject property.
Roadways/Transportation Network:
A. Estimated Demand:
If required by the TIA, the subject property fronts onto the I-35E frontage roadway which is
operated and maintained by TXDOT. The proposed hotel, conference/convention center and
restaurant will require a Traffic Impact Analysis (TIA) to determine if the increase traffic
demand from the proposed hotel, conference/convention center and restaurant will require public
improvements (e.g. widening, additional driveway locations, or right turn lanes) and/or cost
participate (e.g. signalization at impacted intersections).
B. Available Capacity:
The applicant will be required to dedicate additional rights-of-way and/or construct the necessary
roadway improvements. In addition, pay any cost participation that is required. All proposed
roadway improvements must be reviewed/approved by the city and by TXDOT prior to
construction of the proposed project.
C. Roadway Conditions:
The frontage roadway is operated and maintained by TXDOT.
D. CIP Planned Improvements:
There are no current CIP improvements for the roadways/transportation network planned serving
the subject property. However, the subject property will be subject to the future TXDOT
Widening project. Any future development of the property will be required to comply with the
TXDOT Widening Schematic Plans. Coordination with TXDOT will be required to determine
future controlled access locations along I-35E.
Environmental Conditions:
There are no presences of FEMA floodplain areas and ESAs within the subject property.
Wells (Public/Private):
No public or private portable water wells are proposed for the subject property.
Airports:
The subject site is not within the boundaries of the Denton Municipal Airport Overlay District.
Electric:
The subject property is served by Denton Municipal Electric.
Park Facilities:
The proposed hotel, conference/convention center and restaurant will not result in any increase in
park demands.
Comments from other Governmental Agencies:
None
Exhibit 1
Location Map
Exhibit 2
Existing Zoning Map
Exhibit 3
Proposed Zoning Map
Exhibit 4
Survey Hotel Site
Exhibit 5
Survey Conference Center Site
Exhibit 6
Proposed Site Plan
Exhibit 7
Notification Information Map
Public Notification Date: July 25, 2012
200 ft. Legal Notices sent via certified mail: 1
500 ft. Certified Notices sent via regular mail: 12
Number of responses to 200’ Legal Notice
In opposition: 0
In Favor: 0
Neutral: 0
Exhibit8
ResponsesfromPublicHearingand
CourtesyNotices
Exhibit 9
August 8, 2012 Planning and Zoning
Commission Meeting Minutes
D.Hold a public hearing and consider making a recommendation to the City Council
concerning rezoning approximately 13.31 acres of property from Neighborhood Residential
2 (NR-2) and Neighborhood Residential Mixed Use (NRMU) zoning districts to a
Downtown Commercial General (DC-G) zoning district. The property is generally located
on the south side of I-35E, approximately 500 feet west of North Texas Boulevard. (Z12-
0002. Convention Center and Hotel Complex, Ron Menguita)
Menguita provided a brief background to this request. Menguita stated one public notice was
sent to residents and property owners within 200 feet of the subject property and 12 within 500
feet of the subject site. At the time of this meeting there had been no responses returned.
Menguita stated staff recommends approval of this zoning request. Thomas stated the
representative from the University of North Texas (UNT) is present; Chairman Thomas asked
the representative if he would like to speak however, he did not wish to speak.
Mark Wirtz, 1131 North Texas Boulevard, Denton, Texas
Wirtz stated he has resided at this property for the past 30 years, his property abuts UNT golf
course. Wirtz stated he would strongly urge the Commission to prohibit any other gas stations or
restaurants from developing on this subject site.
Anita Hawley, 1940 Whippoorwill Lane, Denton, Texas
Hawley questioned staff on the proposed development of an entity that has already come and
gone over the years. Hawley added her thoughts on this being a small street that would have to
deal with a lot of noise, traffic and commercial trucks. Thomas closed the Public Hearing.
Ratliff stated this project has been in the works for quite some time, Ratliff added the City would
only be affiliated with the Convention Center. The private development would be the hotel and
restaurant; Ratliff stated regardless of the proposed zoning change it would have no effect on
what UNT plans to develop. This was a courtesy for the City of Denton. Bentley addressed the
public stating if their comments were not addressed they could go before City Council.
Commissioner Brian Bentley motioned, Commissioner Devin Taylor seconded to approve this
request. Motion approved (6-0).
Exhibit10
DraftOrdinance
BEING A 13.3058 ACRE TRACT OF LAND SITUATED IN THE EUGENE PUCHALSKI SURVEY,
ABSTRACT NO. 996, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN
TRACT OF LAND AS DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN VOLUME
294, PAGE 121, AND VOLUME 291, PAGE 82 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS, AND BEING ALL OF LOT 1, BLOCK 1 OF THE FINAL PLAT OF SHERATON NORTH TEXAS
ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN
CABINET C, PAGE 400, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS. SAID 13.3058
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING
at a 1/2 inch iron rod found for the northwest corner of said Lot 1, Block A and lying in the
south right-of-way line of Interstate Highway 35-E (Variable Width R.O.W.), from which a 1/2 inch iron rod
found bears N 34˚ 13' 02” E, a distance of 2.59 feet;
THENCE
S 61° 39' 33" E, along the north line hereof, and said south right-of-way line, passing at a
distance of 71.32 feet, a TXDOT monument found with 3 inch aluminum disk, continuing in all a total
distance of 101.33 feet, to a TXDOT monument found with 3 inch aluminum disk, also being the
beginning of a curve to the left having a central angle of 3° 56' 07”, a radius of 11206.62 feet, a chord
which bears S 63° 22' 23” E, and a chord length of 769.53 feet;
THENCE
along said curve to the left an arc length of 769.68 feet, to a 1/2 inch iron rod found for corner;
THENCE
S 65° 20' 05" E, continuing along the north line hereof, and said south right-of-way line, a
distance of 70.36 feet, to a 1/2 inch iron rod found being the northeast corner of said Lot 1, Block A;
THENCE
S 65° 04' 27" E, a distance of 214.42 feet, to a 5/8 inch capped iron rod set and stamped TNP
for the northeast corner hereof, from which a 1/2 inch iron found bears S 65˚ 04’ 27” E, a distance of
224.11 feet;
THENCE
over and across said State of Texas tracts the following nine (9) courses and distances:
S 20° 55' 26" W, along the east line hereof, passing at a distance of 32.93 feet, a PK Nail found
lying in the proposed south right-of-way line of said Interstate Highway 35-E, continuing in all a
total distance of 196.29 feet, to a 5/8 inch capped iron rod set and stamped TNP for corner, also
being the beginning of a curve to the left having a central angle of 29° 32' 07”, a radius of 333.94
feet, a chord which bears S 65° 11' 19” W, and a chord length of 170.24 feet;
Along said curve to the left an arc length of 172.14 feet, to a 5/8 inch capped iron rod set and
stamped TNP for corner, also being the beginning of a reverse curve to the right having a central
angle of 15° 07' 01”, a radius of 491.13 feet, a chord which bears S 56° 09' 37” W, and a chord
length of 129.20 feet;
Along said reverse curve to the right an arc length of 129.58 feet, to a 5/8 inch capped iron rod
set and stamped TNP for corner, also being the beginning of a reverse curve to the left having a
central angle of 17° 16' 55”, a radius of 408.58 feet, a chord which bears S 53° 59' 05” W, and a
chord length of 122.77 feet;
Along said curve to the left an arc length of 123.24 feet, to a 5/8 inch capped iron rod set and
stamped TNP for the southeast corner hereof;
N 66° 21' 54" W, a distance of 724.13 feet, to a 5/8 inch capped iron rod set and stamped TNP for
the southwest corner hereof;
N 09° 25' 45" W, a distance of 446.95 feet, to a 5/8 inch capped iron rod set and stamped (TNP)
for an angle point hereof;
N 28° 27' 59" E, a distance of 129.60 feet, to a 5/8 inch capped iron rod set and stamped TNP for
corner and lying in said proposed south right-of-way line of Interstate Highway 35-E;
S 61° 52' 24" E, along said proposed south right-of-way line, a distance of 30.19 feet, to a 5/8
inch capped iron rod set and stamped TNP for corner, also lying in the west line of said Lot 1,
Block A;
N 28° 34' 57" E, along the west line of said Lot 1, Block A and the west line hereof, a distance of
POINT OF BEGINNING,
91.93 feet, to the and containing 13.3058 acres of land more or less.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2012
DEPARTMENT:
Planning and Development
ACM:
John Cabrales
SUBJECT - Z12-0004, Best Value RV
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 Regional Center Commercial
Downtown (RCC-D) on approximately 9.5 acres and the rezoning of approximately 3.6 acres
from a Regional Center Residential 1 (RCR-1) zoning district and use classification to a RCC-D
zoning district and use classification; located on the west side of N I-35, south of Ganzer Road
and north of Barthold Road; and providing for a penalty in the maximum amount of $2,000.00
for violations thereof, severability and an effective date (Z12-0004). The Planning and Zoning
Commission recommends approval (7-0).
BACKGROUND
The subject property includes an approximate total of 16.4 acres. Of the total acreage, 12.8 acres
were annexed into the City in May, 2010 and are subject to the regulations of the Rural District 5
(RD-5) zoning classification. Of the total acreage which was recently annexed, the applicant
(Rick Baria) is requesting the initial application of a Regional Center Commercial Downtown
(RCC-D) zoning district and use classification to approximately 9.5 acres. The remaining 3.3
acres of land will retain its current RD-5 designation. The applicant is also requesting to rezone
3.6 acres from a Regional Center Residential 1 (RCR-1) zoning district and use classification to a
RCC-D zoning district and use classification. It is important to note that when property is
annexed into the City, it has no official zoning designation. However, uses, intensities of use,
dimensions and lot sizes must be in conformance with the RD-5 zoning district.
The purpose of the rezoning request is to permit the existing use of RV Sales and Service to be
operated legally. The use is now considered non-conforming.
The approximate 3.6 acres within the RCR-1 zoning district and use classification were annexed
into the City in the late 1980s. Prior to the city-wide zoning in 2002, it was zoned Agriculture
(A). City records indicate that a Certificate of Occupancy (CO) was issued in 1995 for trailers
and farm supply sales and in 2000 for outside sale of mobile homes. The remaining 12.8 acres
were included in an area identified as PAA3 and was annexed into the City in 2010.
The property is currently developed and is primarily used for RV Sales and Service, with
accessory uses, including a well house and a detailing shop. Although the property was not in
operation on the effective date of the annexation for PAA3, the property had continuously been
marketed by American National Bank of Texas (upon foreclosure) for RV Sales and Service.
Certificates of Occupancy (COs) were issued to the current owner on August 30, 2011.
Agenda Information Sheet
September 18, 2012
Page 2
Currently, the property is not platted however, in the future if the applicant proposes additions,
platting may be required.
Staff sent four (4) certified notices of the public hearing to property owners within two hundred
(200) feet of the subject property and four (4) courtesy notices to residents/property owners
within five hundred (500) feet of the property. As of this writing, staff has not received any
response notices from residents/property owners within 200 feet of the site.
PRIOR ACTION
1.July 25, 2012 Planning and Zoning Commission
OPTIONS
1.Approve as submitted.
2.Approve with conditions.
3.Deny.
4.Postpone consideration.
5.Table item.
RECOMMENDATION
APPROVAL
The Planning and Zoning Commission recommends (7-0).
APPROVAL
The Development Review Committee (DRC) recommends of Z12-0004, as the
request meets the criteria for a zoning amendment as identified in Subchapter 35.3.4.B of the
Denton Development Code.
EXHIBITS
1. Staff Report
2. Site Location/Aerial Map
3. Rezoning Boundary Map
4. Existing Zoning Map
5. Proposed Zoning Map
6. Future Land Use Map
7. ESA (Floodplain) Map
8. Notification Map & Responses
9. Applicant Letter of Intent
10. Site Plan
11. Site Photos
Agenda Information Sheet
September 18, 2012
Page 3
12. July 25, 2012 Planning and Zoning Commission Meeting Minutes
13. Ordinance
Prepared by:
Johnna M. Matthews
Senior Planner
Respectfully submitted:
Brian Lockley, AICP, CPM
Interim Director, Planning and Development
Exhibit 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: July 25, 2012 TYPE: Rezoning
CC Date: September 18, 2012 PROJECT #:Z12-0004
Project Number:
Z12-0004, Best Value RV
Request:
Apply an official zoning district and use classification of Regional
Center Commercial Downtown (RCC-D) to approximately 9.5
acres and rezone approximately 3.6 acres from a Regional
Center Residential 1 (RCR-1) zoning district and use classification
to a RCC-D zoning district and use classification
Applicant/Property
Linken Real Estate Lp
Owner:
11399 US Highway 380 W
Krum, TX 76249
Location:
The property is located on the west side of N I-35, between Ganzer
Road to the north and Barthold Road to the south.
Size:
16.4 acres +/-
Existing Zoning
Regional Center Residential 1 (RCR-1) & Rural District 5 (RD-5)
Designation(s):
Proposed Zoning
Regional Center Commercial Downtown (RCC-D) & RD-5
Designation(s):
Future Land Use:
Regional Mixed Use Center
Case Planner:
Johnna M. Matthews
DRC Recommendation:
The Development Review Committee (DRC) recommends
APPROVAL
of Z12-0004.
P&Z Recommendation:
The Planning and Zoning Commission recommends approval of
the rezoning request (7-0).
Summary of Analysis
The subject site includes approximately 16.4 acres. Approximately 3.6 acres are located within a
RCR-1 zoning district and the remainder has no zoning district, as it was annexed in 2010.
Pursuant to Subchapter 35.16.8.G of the DDC, for newly annexed land that has not been zoned,
no application will be deemed complete for any uses, intensities of use, dimensions or lot sizes
not authorized by the RD-5 zoning district.
Neither the RD-5 nor the RCR-1 zoning district permits the existing use of RV sales. The use is
considered non-conforming. The purpose of the rezoning of the site to the RCCD zoning district
is to permit the existing use, by right. The use was discontinued for more than six (6) months
prior to the annexation of the property in 2010. However, the applicant provided documentation
that American National Bank of Texas continued to market the property for RV Sales and
Service.
The proposed RCC-D zoning district is one (1) of four (4) zoning districts within the group,
Regional Mixed Use Centers. The purpose of Regional Mixed Use Centers is to create centers of
activity, including shopping, services, recreation, employment and institutional facilities
supported by and serving an entire region. The four (4) zoning districts within the Regional
Mixed Use Centers include Regional Center Residential 1 (RCR-1), Regional Center Residential
2 (RCR-2), Regional Center Commercial Neighborhood (RCC-N) and Regional Center
Commercial Downtown (RCC-D).
The table below highlights only the differences in uses between the RD-5 zoning district, the
existing zoning district of RCR-1 and the proposed RCC-D zoning district:
RD-5 RCC-D
RCR-1
Residential Land Use Categories (Not (Proposed)
(Existing)
Zoned)
Single Family Dwellings P N
N
Accessory Dwelling Units P N
N
Attached Single Family Dwellings N P
P
Dwellings Above Businesses N P
P
L(6) &
Multi-Family Dwellings N L(4)
L(4)
Manufactured Housing Developments P N
N
RD-5 RCC-D
RCR-1
Commercial Land Use Categories (Not (Proposed)
(Existing)
Zoned)
Sale of Products Grown on Site P N
N
Hotels N N
P
Bed and Breakfast L(10) L(8)
P
Retail Sales and Service N L(17)
P
Movie Theatre N SUP
P
Restaurant or Private Club N L(11)
P
Drive-through Facility N N
P
Professional Services and Offices N L(15)
P
Quick Vehicle Servicing N N
P
Vehicle Repair N N
P
Auto and RV Sales N N
P
Laundry Facilities N P
P
Equestrian Facilities Y N
N
Outdoor Recreation P SUP
N
Indoor Recreation N N
P
Major Event Entertainment N N
SUP
Commercial Parking Lot N N
P
Administrative or Research Facilities SUP SUP
P
Broadcasting of Production Studio SUP SUP
P
RD-5 RCC-D
RCR-1
Industrial Land Use Categories (Not (Proposed)
(Existing)
Zoned)
Bakeries N N
P
Feed Lots SUP N
N
Light Manufacturing N N
L(23)
Wholesale Nurseries P N
N
Kennels L(14) N
N
Veterinary Clinics P SUP
P
SUP
Gas Wells L(27)
L(27)
L(27)
RD-5 RCC-D
RCR-1
Institutional Land Use Categories (Not (Proposed)
(Existing)
Zoned)
Basic Utilities P SUP
SUP
Community Service N P
P
Semi-public, halls, Clubs, Lodges N P
P
Business/Trade School N N
P
Kindergarten, Elementary School P P
N
Middle School N P
N
High School N SUP
P
College N N
P
Hospital N N
P
Elderly Housing N P
P
Medical Center N SUP
P
Mortuaries N N
P
WECS (Free-standing Monopole Support
L(41) SUP
SUP
Structure)
WECS (Building-mounted) L(42) SUP
SUP
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined
in Section 35.5.8 and the limitations are listed below:
Limitations
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.
nd
L(6)
= Permitted only on 2
story and above, when an office, retail, or other permitted
commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise
office or retail uses are not required.
L(8)
= Travelers’ accommodations, are permitted, provided that:
1. The business-owner or manager shall be required to reside on the property occupied
by the accommodation, or adjacent property;
2. That each accommodation unit shall have 1 off-street parking space, and the owners
shall have 2 parking spaces. All spaces shall be in conformance with the
requirements of the Off-Street Parking Section of this Chapter;
3. That only one ground or wall sign, constructed of a non-plastic material, non-interior
illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of
signage shall be installed such that it does not directly illuminate any residential
structures adjacent or nearby the travelers’ accommodation;
4. All travelers’ accommodations shall be within 200 feet of a collector or arterial.
Street designations shall be as determined by the City Comprehensive Plan. Distances
shall be measured via public street or alley access to the site from the arterial;
5. That the number of accommodation units allowed shall be proportional to the
permitted density of the zone. Each traveler’s accommodation unit shall be counted
as 0.6 units for the purpose of calculating the permitted number of traveler’s
accommodations;
6. Excluding the business-owner’s unit and the area of the structure it will occupy, there
must be at least 400 sq. ft. of gross interior floor space remaining per unit;
7. Traveler’s accommodations are limited to no more than 8 quest units.
L(10)
= All restrictions of L(8), but limited to no more than 5 guest units.
L(11)
= Limited to sit down only, and no drive-up service permitted. Limited to no more than
100 seats and no more than 4,000 square feet of restaurant area.
L(14)
= Uses are limited to no more than 10,000 square feet of gross floor area.
L(15)
= Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is
required for additional square footage for Semi-Public Halls, Clubs and Lodges.
L(17)
= Uses are limited to no more than 25,000 square feet of gross floor area per use, except
grocery stores may be larger with approval of a SUP.
L(23)
= Light manufacturing of products sold on site permitted, area of manufacture not to
exceed 5,000 square feet.
L(27)
= Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production.
Findings of Fact
1.The site includes approximately 16.4 acres. The request is to apply an official zoning
district of RCC-D to approximately 9.5 acres and to rezone approximately 3.6 acres from
RCR-1 to RCC-D. Although considered not zoned, the remaining 3.3 acres will retain its
current RD-5 designation.
2.Of the total 16.4 acres, approximately 12.8 acres were included in an area identified as
PAA3 and annexed into the City of Denton in 2010. The remaining 3.6 acres were
annexed into the City in the 1980s.
3.The use of RV sales on the subject site is considered non-conforming, as neither the RD-
5, nor the existing RCR-1 zoning district permits the use. The purpose of the request is to
allow the use by right.
4.Prior to the 2002 city-wide rezoning, approximately 12.8 acres were in the County and
the remaining 3.6 acres were zoned Agriculture (A).
5.The site is located within two (2) Future Land Use designations. The portion of the site
in which the applicant is proposing to zone/rezone (13.1 acres) is located within a
Regional Mixed Use Center Future Land Use Designation. The remaining 3.3 acres is
located within a Neighborhood Center Future Land Use Designation. A comprehensive
plan amendment is not required for the portion of the site in which the applicant is
proposing to zone/rezone. See Comprehensive Plan section of this report for more
detailed information regarding each Future Land Use Designation.
6.City-wide, there are approximately 426 acres of land located within a RD-5 zoning
district; approximately 571 acres are located within a RCR-1 zoning district; and
approximately 1,923 acres are located within a RCC-D zoning district.
7.Adjacent zoning districts include Neighborhood Residential 2 (NR-2) and Regional
Center Residential 1 (RCR-1) along I-35. However; most of the properties adjacent to
the site are in the County.
8.Land uses within ¼ mile radius of the site include approximately 48; of which 46 acres
are considered agricultural land and approximately 1.96 acres of land remain
undeveloped.
9.The approximate 3.3 acres located along the western portion of the site encroaches into
undeveloped floodplain and stream buffer Environmentally Sensitive Areas (ESA).
Development within areas designated as ESA are subject to the regulations outlined in
Subchapter 35.17.7 and 35.17.8 of the Denton Development Code (DDC).
10.The City’s Water Master Plan shows a 16 inch water main along the west side of I-35, as
a proposed 2017 improvement.
11.There are no sewer Capital Improvement Projects (CIP) projects for this area.
12.The site is currently served by a 3-gallon per minute private groundwater well. The
nearest existing City water main is a 16 inch main along the east side of I-35.
13.The site is currently served by two (2) conventional private septic tanks and leach fields
west of the main building.
14.The nearest existing City sewer facility available is the Border Cowboy Lift Station on
Barthold Road.
15.The site is not platted. Preliminary and final platting is required prior to any
additions/improvements to the property and prior to the issuance of building permits.
16.I-35, in this area, is planned to be widened by TxDOT in the future.
17.A TxDOT permit is currently under review by TxDOT.
Development Review Committee
IS CONSISTENT
The Development Review Committee finds that the request with the general
IS CONSISTENT
character of the area and with the Denton Plan.
Based on the findings-of-fact, the Development Review Committee (DRC) recommends
APPROVAL
of Z12-0004.
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:
County County and Regional Center County and Neighborhood
(Agricultural Land) Residential 1 (RCR-1) Residential Mixed Use (NRMU)
(Agricultural Land) (Agricultural Land)
West: Subject Property East:
County Regional Center Residential 1 County and Regional Center
(Agricultural Land)
(RCR-1) and Rural District 5 (RD-5) Residential 1 (RCR-1)
(RV sales and service) (Agricultural Land)
Southwest: South: Southeast:
County County and Regional Center County and Regional Center
(Agricultural Land) Residential 1 (RCR-1) Residential 1 (RCR-1)
(Agricultural Land) (Agricultural Land)
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 ¼ mile radius of the site is comprised of approximately 48 acres. Uses within a
¼ mile radius of the site are limited to agricultural uses (46 acres) and undeveloped land (1.96
acres).
Comprehensive Plan:
The proposed rezoning request does not require a comprehensive plan amendment. The site is
located within two (2) Future Land Use Designations; Neighborhood Center and Regional Mixed
Use Activity Center. The approximately 3.3 acres located on the western most portion of the site
is located within a Neighborhood Center Future Land Use Designation. However, the applicant
is not proposing to rezone this portion. According to the Denton Plan, the focus of a
Neighborhood Center is within the undeveloped urban and urbanized areas of the city, new
neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be
allowed to develop in a pattern of “neighborhood centers”. These are oriented inwardly,
focusing on the center of the neighborhood. These neighborhoods exemplify the
interrelationship between quality of development, density, services and provision for adequate
facilities. These developments should locate the center of the neighborhood within a five to ten
minute walking distance from the edge of the neighborhood. The center contains uses necessary
to support the surrounding neighborhood. These support services could include service oriented
retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential
uses may occur at higher densities with townhomes or residential flats above service-oriented
uses. Open space occurs in neighborhood centers with park uses including central neighborhood
“greens and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass
transportation nodes are encouraged to be essential elements of neighborhood centers as
landmarks that are a focus to the neighborhood. Limited multistory development in the
neighborhood may be developed to incorporate shops on the ground floor and offices or
residences on the upper floors.
The remaining approximate 13.1 acres are located within a Regional Mixed Use Activity Center.
According to the Denton Plan, for a regional activity center, the focus area contains the
shopping, services, recreation, employment and institutional facilities supported by and serving
an entire region. A regional activity center could include a regional shopping mall, a number of
major employers, restaurant and entertainment facilities, a large high school or community
college, and high density housing. A regional activity center is considerably larger and more
diverse in its land uses than any other activity center. It includes vertically integrated uses where
different uses may occur on each floor of the building.
Zoning Allocation:
The site includes approximately 16.4 acres; of which 3.6 acres are currently zoned RCR-1 and
the remaining approximate 12.8 acres are not zoned, as the site was located within an area
identified as PAA3 and was annexed into the city in 2010. The proposed rezoning request would
amend the site to include approximately 13.1 acres of RCC-D zoning and the remaining 3.3 acres
would continue to have no zoning designation; however, uses, intensities of use, dimensions and
lot sizes must be authorized by the RD-5 zoning district.
This rezoning request affects the zoning allocation of the RD-5, RCR-1 and RCC-D zoning
districts throughout the City. Currently, there is approximately 426 acres of land within the city
that is zoned RD-5; 571 acres are currently zoned RCR-1; and approximately 1,923 acres are
currently zoned RCC-D. If the applicant’s proposal is approved, the RD-5 allocation will
decrease to approximately 416.5 acres; the RCR-1 zoning district allocation would decrease to
567.4 acres; and the RCC-D zoning allocation within the city would increase to 1,936.1 acres.
Zoning Allocation
Current Allocation Proposed Allocation
Zoning District
(acres) (acres)
RD-5
426 416.5
(Existing)
RCR-1
571 567.4
(Existing)
RCC-D
1,923 1,936.1
(Proposed)
Nearest Fire and EMS Station
Approximate Distance From
Name of Station
Subject Property
Fire/EMS
Fire Station # 5 (2230 W. Windsor Drive) 4.57 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
16.4 acres ± Proposed Demand
or No)
Permitted Density N/A N/A
Potable Water
To be proved by Applicant
Consumption at 400
(Private Water System)
peak hour (GPD)
WastewaterTo be provided by
Generation at peak 392 Applicant
hour (GPM) (Private Sewer System)
B. Available Capacity:
The anticipated water demand for this development is approximately 400 gallons per day (GPD)
and the anticipated wastewater demand is 392 GPD. The applicant is providing water and sewer
by private systems.
The site is served by a 3 gallon-per-minute private groundwater well. The nearest existing City
water main is a 16” main along the east side of Hwy. I-35. In order to connect to this main, the
applicant would be required to bore a main across I-35, which would be a significant expense.
The applicant states that the existing groundwater system has adequate capacity to serve the
projected demands.
The site is served by two conventional private septic tanks and leach fields west of the main
building. The applicant proposes to install a private aerobic system to serve a future proposed
service building.
The nearest existing City sewer facility available is the Border Cowboy Lift Station on Barthold
Road; connecting to it would require the applicant to install a private grinder pump lift station,
and extend a force main approximately 4,200 feet along I-35 and Barthold Road. Per the DDC,
Section 35.21.4.A, the applicant would have to acquire a corresponding Public Utility Easement
along I-35.
Water Utilities Dept. does not object to the use of the existing groundwater system, existing
septic system, and proposed aerobic system to serve this development, given the impracticality
and economic infeasibility of connecting to the City’s centralized water distribution and
wastewater connection systems.
C. CIP Planned Improvements:
The City’s Water Master Plan shows a 16 inch water main along the west side of Hwy. I-35, as a
Proposed 2017 Improvement. There are no Sewer CIP projects planned for this area.
Roadways/Transportation Network:
A. Estimated Demand:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
16.4 acres ± Proposed Demand
or No)
Permitted Density N/A N/A
Average Annual
547 Yes
Daily Trips (AADT)
PM Peak Hour Trips 45 Yes
B. Available Capacity:
I-35 is a TxDOT owned and maintained roadway
C. Roadway Conditions:
I-35 is planned to be widened by TxDOT in the future.
D. CIP Planned Improvements:
None
Environmental Conditions:
The approximate 3.3 acres located along the western portion of the site encroaches into
undeveloped floodplain and stream buffer ESA. Developments within these areas are subjected
to the guidelines as outlined in Subchapter 35.17.7 and 35.17.8 of the DDC.
Electric:
The electrical provider in the area is CoServ. Electric service is not available from Denton
Municipal Electric (DME).
Exhibit 2
Site Location/Aerial Map
N
Exhibit 3
Rezoning Boundary Map
N
Exhibit 4
Existing Zoning Map
N
Exhibit 5
Proposed Zoning Map
NRMU
RCR-1
N
Exhibit 6
Future Land Use Map
N
Exhibit 7
ESA Floodplain Map
N
Exhibit 8
Notification Map & Responses
N
Exhibit 9
Applicant Letter of Intent
Exhibit 10
Site Plan
See Full Size Layout
Site
Site
Exhibit 11
Site Photos
Photo taken on the east side of I-35 Service Road looking west at the existing RV Sales and
Service Center.
Photo taken on the east side of the property (existing driveway) looking west at the site.
Photo taken interior to the site looking at existing buildings.
Photo taken at the rear of the site looking at an existing building.
Photo taken interior to the site looking at main office building and ‘Best Value RV Sales and
Service” signage.
Photo taken on existing driveway looking east towards I-35.
Exhibit 12
July 25, 2012 Planning and Zoning Commission Meeting Minutes
Exhibit 13
Ordinance
AGENDA INFORMATION SHEET
AGENDA DATE: September 18, 2012
DEPARTMENT: Planning and Development
ACM: John Cabrales
SUBJECTPockrus Page Road Tracts (Z12-0006)
Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change
from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 6 (NR-
6) zoning district on approximately 23.9 acres. The property is located south of Pockrus Page
Road, east of the Interstate 35 frontage road and west of Cattail Lane, within the City of Denton,
Denton County, Texas; providing for a penalty in the maximum of $2,000.00 for violations
thereof, severability and an effective date (Z12-0006). The Planning and Zoning Commission
recommends approval (6-0).
BACKGROUND
The applicant, Shelton Development, proposes to rezone approximately 23.9 acres from a
Neighborhood Residential 2 (NR-2) to a Neighborhood Residential 6 (NR-6) zoning district.
The intent is to develop approximately 118 single-family detached homes. The current NR-2
zoning district would permit only 46 dwelling units. By rezoning the property to NR-6, the
applicant could potentially develop 139 dwelling units.
A portion of the subject property is platted as Lots 1 & 2 of the Kinas Addition. The remainder
of the property is unplatted. The portion of the property that is platted is an abandoned house
surrounded by unimproved pasture. The pasture surrounding the house is not currently utilized
for agriculture.
Single-family residential development is present to the north and east within the Villages of
Carmel, Phase 1A and The Preserve at Pecan Creek, Phase III, Section A. A mobile home park is
present to the west. The underlying future land use category is Neighborhood Centers.
Sixty-nine (69) public hearing notices were sent to property owners within 200 feet and 154
courtesy notices were sent to residents within 500 feet of the rezoning request. As of the drafting
of this staff report, two responses were received within the 200-foot notification boundary.
PRIOR ACTION/REVIEW
1.Planning and Zoning Commission August 8, 2012.
Agenda Information Sheet
September 18, 2012
Page 2
OPTIONS
1.Approve as submitted.
2.Approve subject to conditions.
3.Deny.
4.Postpone consideration.
5.Table item.
RECOMMENDATION
APPROVAL
The Planning and Zoning Commission recommends of this rezoning request (6-0).
APPROVAL
The Development Review Committee recommends of this rezoning request.
EXHIBITS
1.Staff Analysis
2.Site/Location Map
3.Existing Zoning Map
4.Proposed Zoning Map
5.Future Land Use Map
6.Ordinance No. 1985-169
7.Notification Map
8.Site Photographs
9.Letter from Applicant
10.Notice of Public Hearing Responses
11.August 8, 2012, Planning and Zoning Commission, Meeting Minutes
12.Ordinance
Prepared by:
Erica Marohnic, AICP
Planning Supervisor
Respectfully submitted:
Brian Lockley, AICP, CPM
Interim Director, Planning and Development
Exhibit 1
Staff Analysis
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEEE
STAFF REPORT
P&Z Date: August 8, 2012 Type: Rezoning
CC Date: September 18, 2012 Project #: Z12-0006
Project Number: Z12-0006
Request: Rezoning from a Neighborhood Residential 2 (NR-2) zoning district
to a Neighborhood Residential 6 (NR-6) zoning district on
approximately 23.9 acres.
Applicant: Shelton Development
2308 Ranchouse Drive
Denton, TX 76210
Property Owner: John Powell Walker
th
3509 NW 69 Street
Oklahoma City, OK 73116-2126
Dorothy Ray
2201 Piccadilly Lane
Denton, TX 76211
Location: The property is located south of Pockrus Page Road, east of the
Interstate 35 frontage road and west of Cattail Lane.
Size:
23.9 acres
Zoning Designation:
Neighborhood Residential 2 (NR-2)
Future Land Use:
Neighborhood Centers
Case Planner:
Erica Marohnic, AICP
P&Z Recommendation APPROVAL
The Planning and Zoning Commission recommends of
the rezoning request.
DRC Recommendation:
APPROVAL
The Development Review Committee recommends of
this rezoning request.
Summary of Analysis:
The subject property is currently developed with an abandoned single-family home and several
accessory structures, surrounded by unimproved pasture land. It has had an NR-2 zoning district
since the city-wide rezoning in February 2002. Prior to 2002, the zoning designation was
Agriculture (A) and the property was part of a larger annexation area in 1985 (Ord. No. 1985-
169). The surrounding residential uses have occurred most recently with development of the
Preserve at Pecan Creek Phase III, Section A to the east and the Villages of Carmel, Phase 1A to
the north and north east. The mobile home park to the west was annexed into the City in 1985.
The proposed zoning district would allow for an increase in residential density. The current NR-
2 zoning district permits 2 dwelling units per acre, yielding a total maximum density of 46
dwelling units on 23.9 acres. With a rezoning to NR-6, a maximum of 139 dwelling units is
possible at 6 dwelling units per acre. The applicant indicates that they will develop
approximately 118 dwelling units (5.06 DUs/acre).
The NR-6 zoning district is found north of the subject property within a portion of The Villages
of Carmel, Phase IA. Other surrounding districts include Neighborhood Residential Mixed Use
(NRMU-12) to the northeast, Planned Development (PD-132) to the east, Regional Center
Residential (RCR-1) to the southeast and west and Regional Center Commercial Downtown
(RCC-D) to the south west and south.
The proposed rezoning is compatible with the underlying future land use category and Denton
Development Code (DDC). Future platting and construction is anticipated with approval of the
rezoning of the site.
The following is a comparison of permitted uses between the NR-2 and NR-6 zoning districts:
Residential Land Use
NR-2 NR-6
Categories
Agriculture P P
Livestock L(7) L(7)
Single Family Dwellings P P
SUP SUP
Accessory Dwelling Units
L(1) L(1)
Attached Single Family Dwellings N P
Dwellings Above Businesses N N
Live/Work Units N L(16)
Duplexes N P
Community Homes For the Disabled P P
Group Homes N N
Multi-Family Dwellings N N
Manufactured Housing Developments SUP SUP
Commercial Land
NR-2 NR-6
Use Categories
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
Professional Services and Offices N N
Quick Vehicle Servicing N N
Vehicle Repair N N
Auto and RV Sales N N
Laundry Facilities N N
Equestrian Facilities SUP N
Outdoor Recreation P P
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)
Industrial Land Use
NR-2 NR-6
Categories
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 L(37) N
Veterinary Clinics L(14) N
Sanitary Landfills, Commercial
N N
Incinerators, Transfer Stations
SUP
Gas Wells L(27)
L(27)
Institutional Land Use
NR-2 NR-6
Categories
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 SUP
Business / Trade School N N
Adult or Child Day Care SUP SUP
Kindergarten, Elementary School SUP SUP
Middle School N N
High School N N
Colleges N N
Hospital N N
Elderly Housing N SUP
Medical Centers N N
Cemeteries N N
Mortuaries N N
WECS (Free-standing Monopole Support
SUP SUP
Structure)
WECS (Building-mounted) SUP SUP
35.5.2.3 General Regulations.
General regulations of the Residential Neighborhood land use zone are contained in the table
below:
The following limits apply to subdivision of 2 acres or less:
NR-2 NR-6
General Regulations
Minimum lot area (square feet) 16,000 6,000
Minimum lot width 80 feet 50 feet
80 feet
Minimum lot depth 100 feet
Minimum front yard setback 20 feet 10 feet
Minimum side yard 6 feet 6 feet
Minimum side yard adjacent to a street 10 feet 10 feet
Minimum rear yard 10 feet 10 feet
The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and
dimension requirements:
NR-2 NR-6
GeneralRegulations
Maximum density, dwelling units per acre 2 6
Minimum side yard for non-attached
10 feet 4 feet
buildings
The following limits apply to all buildings:
NR-2 NR-6
General Regulations
Maximum lot coverage 30% 60%
Minimum landscaped area 70% 40%
Maximum building height 40 feet 40 feet
Maximum WECS height 55 feet 55 feet
10 feet 10 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
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 (7)
= Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional
animals may be added at a rate of one per each acre over three.
L (13)
= Uses are limited to no more than 55,000 square feet of gross floor area per lot.
L (14)
= Uses are limited to no more than 10,000 square feet of gross floor area.
L (16)
= Uses are limited to no more than 1,500 square feet of gross floor area per lot.
L (25)
= If proposed use is within 200 feet of a residential zone, approval is subject to a Specific
Use Permit.
L (27)
= Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production.
L (37)
= 5-acre minimum land area required and no more than 25 kennels per acre allowed,
including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential
use.
L (38)
= Must meet the requirements of Section 35.12.9.
A neighborLos Toreros Mexican
Restaurant on Tuesday, July 10, 2012. There were approximately 33 neighborhood residents in
attendancepresentation of what
development he intends for the property and discussion of the site plan. Issues asked and
discussed by meeting attendees included number of homes, size of homes, prices of homes, lot
OA), who would manage
the HOA, what the HOA dues would be, who the anticipated home builder is, will there be an
Rail Drive, will Pockrus Page Road be improved, will a sidewalk be continued along Pockrus
Page Road, will there be increased traffic within the Preserve at Pecan Creek, will there be a
connection (roadway) to the mobile home park to the west, are there additional school sites
anticipated in this area, will Pecan Creek Elementary School be overcrowded with the addition
of this development, is the DCTA constructing a sound barrier along this development and the
existing phases adjacent to the Preserve at Pecan Creek and what changes between NR-2 to NR-
6 are allowed?
The P&Z, at their meeting on August 8, 2012 recommended approval of the rezoning (7-0).
Findings of Fact
1.The applicant is requesting to rezone approximately 23.9 acres from a Neighborhood
residential 2 (NR-2) to a Neighborhood Residential 6 (NR-6) zoning district. The subject
property is located within the Neighborhood Centers future land use category.
2.The property is partially platted as Lots 1 & 2 of the Kensas Addition. The remainder of
the property is unplatted. There is an abandoned home and several accessory structures
present at this time. The current NR-2 zoning allows the development of single-family
residential up to 2 dwelling units per acre.
3.Prior to the adoption of the DDC in 2002, the subject site had a zoning district of
Agriculture (A). The proposed rezoning will maintain the single-family residential
development pattern of the existing residential community to the north and east.
The subject property was annexed into the City in 1985 (Ord. No. 1985-169), and later
rezoned to incorporate a single-family residential development.
4.The purpose of the Neighborhood Mixed-Use Activity Center is defined by the Denton
The focus area of a neighborhood center contains facilities vital to the day-to-
day activity of the neighborhood. A neighborhood center might contain a convenience
store, small restaurant, personal service shops, church or synagogue, daycare, individual
office space, a small park, and perhaps an elementary school. These diverse facilities ar
ideally located in close proximity to one another in the center, so that all the essential
neighborhood facilities are in one convenient location, accessible in a single stop or by
walking or biking. It includes vertically integrated uses where different uses may occur on
each floor of the building. The proposed NR-6 zoning district is consistent with the Goals,
Objectives and Strategies of the Denton Plan.
5.There is adequate water and sewer capacity to serve the proposed rezoning. The
anticipated water demand for this development is approximately 215 GPM at peak hour
through an 8-inch water main along Pockrus Page Road. Sewer is available from existing
8-inch gravity main along Sun Ray Drive, that was extended through a drainage and
sanitary sewer easement to the subject pro The anticipated
wastewater demand is approximately 128 GPM.
6.The subject site is not located within an Overlay, Historic or Conservation District.
7.There is are no planned public improvement for potable water, sanitary sewer, drainage
or transportation near the subject property
8.There are no identified environmentally sensitive areas located on site.
Pockrus Page Road is classified as a partially improved perimeter street. Additional
right-of-way will be required to serve future development. The anticipated transportation
demand is approximately 1,200 trips per day.
9.Extension of existing facilities will not be required for development of the subject property
within the proposed densities. Off-site improvements and/or right-of-way dedication is
required.
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.
APPROVAL
The Planning and Zoning Commission recommends of the rezoning request (6-0).
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 6 (NR-6) Neighborhood Residential 6 (NR-6) Neighborhood Residential 6 (NR-6)
& Regional Center Commercial Villages of Carmel, Phase IA & Neighborhood Residential Mixed-
Downtown (RCC-D) (Single-family) Use 12 (NRMU-12)
Villages of Carmel, Phase IA Villages of Carmel, Phase IA
(Single-family) and Undeveloped (Single-family) and Undeveloped
land land
West: Subject Property East:
Regional Center Residential 1 Neighborhood Residential 2 (NR-2) Planned Development 200 (PD-200)
(RCR-1) Single-family homes, accessory The Preserve at Pecan Creek,
Sherwood Mobile Home Park structures, unimproved pasture Section A, Phase 3
(Single-family) (Single-family) (Single-family)
Southwest: South: Southeast:
Regional Center Commercial Regional Center Commercial Regional Center Residential 1
Downtown (RCC-D) Downtown (RCC-D) & Regional (RCR-1)
DCTA Rail & Trail and Center Residential 1 (RCR-1) DCTA Rail & Trail and
Undeveloped land DCTA Rail & Trail and Undeveloped land
(Rail, Trail and Undeveloped ) Undeveloped land (Rail, Trail and Undeveloped )
(Rail, Trail and Undeveloped )
Source: City of Denton Geographical Information System and site visit by City staff
Summary of Surrounding Zoning Designations and Current Land Use Activity:
The area within a ¼ mile radius of the property is comprised of approximately 212.96 acres.
Within this ¼ mile radius of the property, predominant uses include commercial, single-family
residential, undeveloped acreage and agriculture. There are approximately 28.04 acres of
commercial land; approximately 26.46 acres classified as single-family residential;
approximately 72.95 acres classified as undeveloped and approximately 85.50 acres classified as
agriculture.
Comprehensive Plan:
A.Consistency with Goals, Objectives and Strategies
The Denton Development Code states the purpose of the Neighborhood Mixed-Use Activity
Center is to,
-to-day
activity of the neighborhood. A neighborhood center might contain a convenience store,
small restaurant, personal service shops, church or synagogue, daycare, individual office
space, a small park, and perhaps an elementary school. These diverse facilities are
ideally located in close proximity to one another in the center, so that all the essential
neighborhood facilities are in one convenient location, accessible in a single stop or by
walking or biking. It includes vertically integrated uses where different uses may occur
The historical and proposed use of the property and proposed zoning districts are consistent with
the Goals, Objectives and Strategies of the Denton Plan.
Zoning Allocation:
The site includes approximately 23.9 acres zoned NR-2. The rezoning case would affect the
zoning allocation of the NR-2 and NR-6 zoning districts within the City. Currently, there is
approximately 7,453.3157 acres of land within the city that is zoned NR-2s
proposal is approved, the NR-2 allocation within the city will decrease to 7,430.0157 acres. The
NR-6 allocation within the city will increase from 1,276.6385 acres to approximately 1,299.9385
acres.
Zoning Allocation
Current Allocation Proposed Allocation
Zoning District
(acres) (acres)
NR-2
7,453.3157 7,430.0157
(Existing and Proposed)
NR-6
1,276.6385 1,299.9385
(Existing and Proposed)
Nearest Elementary, Middle, and High School
The proposed development will generate between approximately 47 elementary, 20 middle
school and 21 high school aged-students. According to the Denton Independent School District
(DISD), schools currently serving the site for the 2012-2013 school-year are Pecan Creek
Elementary School, Crownover Middle School and Ryan High School.
Name of School Approximate Distance
From Subject Property
Pecan Creek
Less than 0.5 miles
Elementary
Crownover Middle 3.0 ± miles
School
Ryan High School 5.9 ± miles
Nearest Fire and EMS Station
Approximate Distance From
Name of Station
Subject Property
Fire/EMS Fire Station # 6 (3232 Teasley Lane) 4.34 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
23.9 ± acres Proposed Demand
or No)
Permitted Density 6 du/acre for NR-6 Yes
Potable Water
Consumption (GPM 215 (peak hour) Yes
at peak hour)
Wastewater
Generation (GPM at 128 (peak hour) Yes
peak hour)
B. Available Capacity:
The anticipated water demand for this development is approximately 215 GPM at peak hour.
Water is currently available from the existing 8-inch main along Pockrus Page Road, east of
Camino Real Trail; and it is also available from an existing 8-inch main along Marsh Rail Drive.
Sewer is available from existing gravity 8-inch gravity main along Sun Ray Drive, that was
extended through a drainage and sanitary sewer easement to the subject eastern
property line.
The existing water and sewer mains to serve this property have adequate capacity.
C. Capital Improvements Projects (CIP) Planned Improvements:
There are no CIP planned improvements in the area for water and sewer.
Roadways/Transportation Network:
A. Estimated Demand:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
23.9 ± acres Proposed Demand
or No)
Permitted Density 6units/AC for NR-6 Yes
Average Annual
1,200 Yes
Daily Trips (AADT)
PM Peak Hour Trips 120 Yes
B. Available Capacity:
Pockrus Page Road has the capacity to accommodate this development.This development is
required to improve Pockrus Page Road along its property frontage to its full width in
accordance with the Transportation Criteria Manual.
C. Roadway Conditions:
Pockrus Page Road is classified as a partially unimproved perimeter street.
D. CIP Planned Improvements:
There are no planned CIP projects for Pockrus Page Road at this time.
Environmental Conditions:
A.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
Site
Exhibit 3
Existing Zoning Map
Site
Exhibit 4
Proposed Zoning Map
Site
NR-6
NR-6
Exhibit 5
Future Land Use Map
Site
Exhibit 6
Ordinance No. 1985-169
Exhibit 7
Notification Map
Exhibit 8
Site Photos
South Towards Property
Southeast Towards Property
South Towards Property Southwest Towards Property
South Towards Property
Southeast Towards Property
Exhibit 9
Letter from Applicant
Exhibit 10
Notice of Public Hearing Responses
Exhibit 11
August 8, 2012, Planning and Zoning Commission, Meeting Minutes
B. Hold a public hearing and consider making a recommendation to City Council regarding a
rezoning from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood
Residential 6 (NR-6) zoning district on approximately 23.9 acres. The property is located
south of Pockrus Page Road, east of the Interstate 35 frontage road and west of Cattail Lane.
(Z12-0006, Pockrus Page Road Tracts, Erica Marohnic)
Marohnic provided a brief background on this request, the purpose for this applicant request is to
develop single-family homes with as maximum amount of density permissible. Marohnic stated
the applicant held a neighborhood meeting, which approximately 30 citizens attended. Marohnic
stated the applicant is present. Bentley questioned the density of the property to the east,
Marohnic stated she does not have the calculation; however, they are similar to those proposed
by the applicant. Thomas referred to the letter that was received by staff from a citizen that was
unable to attend this Public Hearing. The letter contains questions from the recent neighborhood
meeting. Marohnic stated the applicant will need to address those questions. Schaake questioned
the lot size.
Bob Shelton, Shelton Development
2308 Ranchouse Drive, Denton, Texas
Shelton stated the preliminary plat is going forward in the process once the zoning request has
been completed. Thomas requested the applicant to address the questions from the citizen. 1.
What are the sizes of houses that are planned to be built? Shelton stated the sizes of the houses
would be consistent with the neighborhood. Shelton stated he is unaware of the square foot of the
houses. Schaake questioned if the builder would be able to provide more information.
Mark Allen, DR. Horton
9099 San Joaquin, Fort Worth, Texas
Allen stated he is not certain on the exact sizes of the houses; the intention is to use similar size
houses as the Hickory Creek area. The average range for the area would be 1,800-2,000 square
foot at the lower end and approximately 2,200 square feet at the higher range. Thomas
questioned if they would be two-story, Allen stated that is correct.
Mary Finley, 3701 Oceanview Drive, Denton, Texas
Finley stated she is in favor of this request; however, she would like to explain her input. Finley
stated she lives next to the vacant field that the developer and builder withdrew from. Finley
questioned if there has been a traffic study completed, this property is located next to rural road.
In addition, the community has been bankrupt over the past several years; this addition will
create more traffic. Finley stated she would like to see the City insure that the developers
complete what they have started out to do.
Samantha Gwynn. 3912 Camino Real Trail, Denton, Texas
Gwynn stated she lives directly across from the vacant field. Gwynn questioned if this will be an
improvement that will help increase the property values for the area. Gwynn added as long as
this will bring in descent citizens and property value to the area she is for the rezoning of the
subject site.
Shelton stated as far as an increase in the value of homes the subject site will be of the same
sized neighborhoods. The developer is trying to be consistent with the surrounding
neighborhoods. Thomas closed the Public Hearing. Taylor questioned when a traffic study would
be completed; Marohnic stated typically a traffic impact analysis is required prior to the final plat
status. The applicant would be required to improve Pockrus Page Road.
Commissioner Frank Conner motioned, Commissioner Brian Bentley seconded to approve this
request. Motion approved (6-0).
Exhibit 12
Ordinance
AGENDA INFORMATION SHEET
AGENDA DATE: September 18, 2012
DEPARTMENT: Planning and Development
ACM: John Cabrales
SUBJECTBeauty Shop in Residence (S12-0002)
Consider adoption of an ordinance of the City of Denton regarding a Specific Use Permit to
allow a beauty shop as a home occupation within a single-family residence on a 0.137 acre
property located within a Neighborhood Residential 4 (NR-4) zoning district. The subject
property is generally located north of Terry Court and west of Mockingbird Lane, within the City
of Denton, Denton County, Texas; providing for a penalty in the maximum of $2,000.00 for
violations thereof, severability and an effective date (S12-0002). The Planning and Zoning
Commission recommends approval (7-0).
PROPOSAL
The applicant and property owner (Katherine Randolph) proposes to conduct a one-chair beauty
shop business from her residence. The proposed use is considered a home occupation and is
subject to the regulations found in Section 35.12.10 of the Denton Development Code (DDC).
As such, Section 35.12.10.P, states that barber and beauty shops require a Specific Use Permit
(SUP), provided that the use is conducted by family members who live in the residence (no
outside employees permitted). The DDC also states that the business shall consist of no more
than one beauty/barber chair, no more than two (2) customers shall be permitted at one time, and
said business shall operate only between the hours of 8:00 a.m. and 8:00 p.m. The appli
proposal complies with all DDC home occupation regulations.
BACKGROUND
The subject property is part of East Hampton Village Phase 1 which was platted as a single-
family residential subdivision in 1984. The historical zoning for the subject property prior to
2002 was Planned Development District (PD 76). This PD was approved for the development of
single-family homes on 18 acres with a minimum lot size of 6,000 square feet in size. The
applicant and property owner has owned and maintained the subject property as her home for
over eight years.
Home occupation is defined in
on within a dwelling by members of the family occupying the dwelling. The use of the home as
35.12.10 iterates the permitted uses allowable as a home occupation and limitations placed on
those uses, such as where the occupational activities may occur, restrictions on sales, employees,
external display of products, outdoor storage, signage, patrons, outdoor activities, product sales,
nuisances, prohibited equipment and materials, parking of business-related vehicles and sales of
garden produce. The beauty shop is permitted only through approval of an SUP and as such has
some more stringent standards provided for in Section 35.12.10.P.3.
Agenda Information Sheet
September 18, 2012
Page 2
PUBLIC NOTIFICATION
Twenty-
site via certified mail (Exhibit 8). As of this writing, staff has received one (1) notice in
opposition, five (5) in favor, and one (1) neutral to the request from property owners within the
200-foot notification area. The property owner in opposition stated flow of traffic generated by
the use in the neighborhood is her main concern for opposing the request. She stated that her
children walk in front of the subject property to their school bus stop and she is concerned about
their safety. She, however, acknowledged that she would support the request if the applicant can
advise her clients to drive carefully within the neighborhood.
In addition to the above certified notices, staff sent eighty-seven (87) notices via regular mail to
property owners within 500 feet of the site. As of this writing, staff has received no notice in
opposition or support from these property owners.
PRIOR ACTION/REVIEW
1.August 22, 2012, Planning and Zoning Commission Public Hearing
OPTIONS
1.Approve as submitted.
2.Approve with conditions
3.Deny
4.Postpone consideration.
5.Table item.
RECOMMENDATION
APPROVAL
The Planning and Zoning Commission recommends of this request, subject to
conditions.
APPROVAL
The Development Review Committee recommends , subject to conditions.
EXHIBITS
1.Staff Report
2.Site Location/Aerial Map
3.Zoning Map
4.Future Land Use Map
5.Site Photos
6.Letter from the Applicant
7.Letter from Customers
Agenda Information Sheet
September 18, 2012
Page 3
8.Notification Information Map
9.Notice of Public Hearing Responses
10.Planning and Zoning Commission, August 22, 2012 Meeting Minutes
11.Ordinance
Prepared by:
Nana Appiah, AICP
Senior Planner
Respectfully submitted:
Brian Lockley, AICP, CPM
Interim Director Planning and Development
Exhibit 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: August 22, 2012 TYPE: Specific Use Permit
CC Date: September 18, 2012 PROJECT #:S12-0002
Project Number:
S12-0002
Request:
Specific Use Permit (SUP) to allow a home occupation within a
single-family home within the Neighborhood Residential 4 (NR-4)
zoning and use district on approximately 0.137 acres.
Applicant:
Katherine Randolph
3005 Terry Court
Denton, Texas 76209
Property Owner:
Katherine Randolph
3005 Terry Court
Denton, Texas 76209
Location:
North of Terry Court and west of Mockingbird Lane (3005 Terry
Court).
Size:
0.137 acres
Zoning Designation:
Neighborhood Residential 4 (NR-4)
Future Land Use:
Existing Land Use
Case Planner:
Nana Appiah, AICP
DRC Recommendation: APPROVAL
The Development Review Committee recommends
of this Specific Use Permit request, as conditioned.
Summary of Analysis:
Section 35.12.10, Home Occupations of the DDC allows for barber and beauty shops with
Specific Use Permit (SUP) approval. Additional restrictions are required for an at-home beauty
shop including the use cannot be conducted by anyone but family members who live in the
residence, the business shall have no more than one (1) chair and no more than two (2) customers
are permitted at one time and the business shall only operate between the hours of 8:00 a.m. and
8:00 p.m.
The applicant is not proposing to alter the existing residence or property in any way to
accommodate the home occupation. Exhibit 4 illustrates the existing conditions including the
driveway which will be utilized for customer parking. There will be no more than two vehicles
on the premises related to the home occupation at one time in conformance with the limitation on
the number of customers permitted on site. No on-site signage is allowed or proposed for this
request.
A certificate of occupancy (CO) will not be required for the home occupation if the SUP is
approved. Additionally, because there are not proposed alterations to the structures or flat work
on the property, no building permits will be required and thus no building inspections.
Findings of Fact
1.The request is for a Specific Use Permit (SUP) for home occupation, specifically a beauty
shop on approximately 0.137 acres. The subject property is located in a Neighborhood
Residential 4 (NR-4) zoning district, which permits a beauty shop as home occupation via
an SUP.
2.The subject property is developed as a single-family and platted as Lot 12, Block A of
Phase 1 of East Hampton Village.
3.The subject site is located within the Existing Land Use future land use category which
includes existing residential uses and new infill compatibility. 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.
4.Adjacent zoning districts include Neighborhood Residential 4 (NR-4), to the north, south,
east, and west and Neighborhood Residential 2 (NR-2) farther east of the subject site.
These surrounding areas are fully developed. There are single-family homes to the
north, south, east, and west.
5.Per Section 35.12.10 of the DDC, this request shall be required to produce no offensive
noise, vibration, smoke, electrical interference, dirt, odors or heat in excess of those
normally found in the residential neighborhood.
6.The subject site is not located within any special overlay districts or areas of concern.
7.There are no required public improvements for potable water, sanitary sewer, drainage
or transportation facilities serving the subject site in relation to this request.
8.Access is provided from Terry Court, there is no increase in peak transportation demands
anticipated for this home occupation.
9.Water and sewer is available along Terry Court, there is no increase in peak water or
sewer demands anticipated for the proposed home occupation
Planning and Zoning Commission Recommendation
The P&Z recommended Approval of this Specific Use Permit (7-0) at its meeting on August 22,
2012 subject to the following conditions:
1.The beauty shop use shall only be conducted by family members who live in the
residence; no outside employees are permitted.
2.The beauty shop shall have no more than one (1) chair and no more than two (2)
customers are permitted at one time.
3.The business shall only operate between the hours of 8:00 AM and 8:00 PM.
Development Review Committee
Based upon the information provided by the applicant and a recent site visit, the Development
IS CONSISTENT
Review Committee finds that with the recommended conditions the request
IS CONSISTENT
with the surrounding land uses and general character of the area, with the
IS CONSISTENT
Denton Plan, and
with the Denton Development Code.
APPROVAL
The Development Review Committee recommends of this request with conditions
stated above:
GENERAL NOTES
NOTE: Approval of this request shall not constitute a waiver or variance from any applicable
development requirement unless specifically noted in the conditions of approval and
consistent with the Denton Development Code.
NOTE: All written comments made in the application and subsequent submissions of information
made during the application review process, which are on file with the City of Denton,
shall be considered to be binding upon the applicant, provided such comments are not at
variance with the Denton Plan, Denton Development Code or other development
regulations in effect at the time of development.
Section 35.6.4, Approval Criteria:
A Specific Use Permit (SUP) may be granted if the City Council finds that the proposed use
conforms, or can be made to conform through the imposition of conditions, with the following
approval criteria.
An SUP shall be issued only if all of the following conditions have been met:
That the specific use will be compatible with and not injurious to the use and enjoyment
1.
of other property nor significantly diminish or impair property values within the
immediate vicinity;
Allowing operation of a one-chair beauty shop business should not diminish or impair property
values in the immediate vicinity. With the restrictions and conditions of approval, this home
occupation business should not alter the regular activities of this residential neighborhood.
That the establishment of the specific use will not impede the normal and orderly
2.
development and improvement of surrounding vacant property;
The utilization of the property as a one-chair beauty shop home occupation should not interfere
with surrounding uses. No improvements for the subject property will be required. Compliance
with the restrictions cited in Section 35.12.10 shall be required.
That adequate utilities, access roads, drainage and other necessary supporting facilities
3.
have been or will be provided;
All required infrastructure dedications, extensions and construction were required at platting for
the residence.
The design, location and arrangement of all driveways and parking spaces provides for
4.
the safe and convenient movement of vehicular and pedestrian traffic without adversely
affecting the general public or adjacent developments;
No new driveway is proposed. There is an existing driveway on the property. According to the
applicant, she parks her vehicle on the street which allows her customers to use the driveway to
avoid obstructing vehicle traffic in the neighborhood.
. That adequate nuisance prevention measures have been or will
5
control offensive odor, fumes, dust, noise and vibration;
Nuisance prevention is not anticipated as no demolition or construction is anticipated with
granting of the SUP for a home occupation. No odors, dust, noise or vibration will occur with
allowance of the home occupation.
6. That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
No improvements to existing lighting are proposed for the home occupation, and therefore
lighting will not adversely affect neighboring properties.
7. That there is sufficient landscaping and screening to ensure harmony and compatibility
with adjacent property.
No alterations to existing landscaping and screening are proposed with allowance of the home
occupation.
Surrounding Zoning Designations and Current Land Use Activity:
Northwest: North: Northeast:
Neighborhood Residential 4 (NR-4); Neighborhood Residential 4 (NR-4); Neighborhood Residential 4 (NR-4);
Single-family home Single-family home Single-family home
West: Subject Property: East:
Neighborhood Residential 4 (NR-4); Neighborhood Residential 4 (NR-4); Neighborhood Residential 4 (NR-4);
Single-family home Single-family home Single-family home
Southwest: South: Southeast:
Neighborhood Residential 4 (NR-4); Neighborhood Residential 4 (NR-4); Neighborhood Residential 4 (NR-4);
Single-family home Single-family home Single-family home
Source: City of Denton Geographical Information System and site visit by City staff
Summary of Surrounding Zoning Designations and Current Land Use Activity:
Comprehensive Plan:
The subject site is located in the “Existing Land Use” future land use designation. These areas
are typically established residential areas. The Denton 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.
The proposed home occupation is consistent with the Goals, Objectives and Strategies of the
Denton Plan. No alterations or construction of a new structure is proposed. The conditions of
approval and restriction outlined in Section 35.12.10 of the Denton Development Code (DDC)
which guide operation of businesses allowed as home occupation should aid to protect the
existing neighborhood. These restrictions will also help prevent increase in traffic generation,
noise, or physical appearance such as erection of signs on the property. It is staff determination
that the proposed use is consistent with the Denton Plan and Development Code, and will be
compatible to uses within the neighborhood.
Exhibit 2
Site Location/Aerial Map
Site
Exhibit 3
Zoning Map
Site
Exhibit 4
Future Land Use Map
Site
Exhibit 5
Site Photos
Looking south from subject property
Looking north toward subject property
Looking east from subject property
Looking west from subject property
Exhibit 6
Letter from the Applicant
Exhibit 7
Letters from Customers
Exhibit 8
Notification Map
Public Notification Date: 8/9/12
200’ Legal Notices sent: 27
500’ Courtesy Notices sent: 87
Number of responses to 200’ Legal Notice:
In Opposition: 1
In Favor: 5
Neutral: 1
Exhibit 9
Notice of Public Hearing Responses
Exhibit 10
Planning and Zoning Commission, August 22, 2012 Meeting Minutes
1Commissioner Brian Bentley motioned, Commissioner Thom Reece seconded to approve this
2request. Motion approved (7-0).
3
B.Hold a public hearing and consider making a recommendation to City Council regarding a
Specific Use Permit to allow a beauty shop as a home occupation within a single-family
residence on a 0.137 acre property located within a Neighborhood Residential 4 (NR-4)
zoning district. The subject property is generally located north of Terry Court and west of
Mockingbird Lane. (S12-0002, Home Occupation, Nana Appiah)
4
5Appiah provided a brief background on this request, including site photos of the neighboring
6properties of this subject site. Appiah stated there were 27 certified notices mailed to property
7owners within 200 of the subject site, and 87 within 500 feet of the subject site. Of the returned
8notices there was one (1) in opposition, five (5) in favor of this request, and two (2) were neutral.
9Staff recommends approval of this request subject to the following conditions: 1. The use cannot
10be conducted by anyone but family members who live in the residence. 2. The business shall
11have no more than one (1) chair and no more than two (2) customers are permitted at one time. 3.
12The business shall only operate between the hours of 8:00 a.m. and 8:00 p.m.
13
14Appiah stated the applicant is present, Thomas questioned the applicant if she would like to
15speak, the applicant stated she did not wish to speak.
16
17Veronica Perez, 2901 Terry Court, Denton, Texas
18
19Perez stated her only item of concern is the flow of traffic that would be entering the street. Perez
20commented her children commute to the bus stop and back home during the day. Perez stated she
21is worried about the traffic, other than that she supports this request. Thomas closed the Public
22Hearing.
23
24Lyke questioned where the school bus pickup is located on the site map; Perez stated it is located
25on Terry Court. Lyke questioned Perez if her children commute immediately past the subject
26site, Perez stated that is correct. Lyke requested that the applicant remind her customers to keep
27the school zone under consideration.
28
29Commissioner Patrice Lyke motioned, Commissioner Jean Schaake seconded to approve this
30request. Motion approved (7-0).
31
C.Hold a public hearing and consider making a recommendation to City Council regarding an
Amendment to Ordinance 2011-066 to allow modifications to driveway locations on
University drive on a 6.836 acre property located within the Neighborhood Residential
Mixed Use 12 (NRMU-12). The subject property is located at the northeast corner of
Glenwood Lane and East University Drive (U.S. 380). (Z12-0005, Glenwood Park, Nana
Appiah)
32
33Chairman Thomas stated this item has been requested to be postponed until the September 12,
342012 meeting.
35
3
Exhibit 11
Ordinance
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EXHIBIT B
Survey Plat
SURVEY PLAT
TO ALL PARTIES INTERESTEO IN PFEMISES SURVEYED�
I, STANFOHJ HAUP7MAM'J, frr;N� HEGISTEHED PFOFESSIO`JAL �AND SURVFYOR NUMBER 2255,
uo HEREdY r.EaTIFY THAi A r_aHEFU�� SURVEY wAS MADE OPi THE GpOiJND THIS
OATE UNDFa MY StJPEHVI31�6lf]H UiHkCT[ON OF THE fOLLOWTNG DESCRI6EL� THACT�
LOT 12, dLOCK A, EASi HA6IU�ON VILLAGE, AN AL�UITIOPJ TO THE CITY' OF (]ENTOPJ,
DENTON COUhJTY, TEXAS, ACCONfJING TO THF. FLAT OR MAr HFCOflQFD thl
CABI?JF_T 0, SLIOt 105, PLAT HECOHDS, UENTON CQUNTY, TEXAS
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