HomeMy WebLinkAboutOctober 02, 2012 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
October 2, 2012
After determining that a quorum is present, the City Council of the City of Denton, Texas will
5:00 p.m.
convene in a Work Session on Tuesday, October 2, 2012 at in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each
speaker will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for October 2, 2012.
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:
A.Consultation with Attorneys – Under Texas Government Code Section 551.071;
and 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 acquisition of two tracts of fee lands for
public purposes situated in the Gideon Walker Survey, Abstract Number
1330, in the City of Denton, Denton County, Texas, generally located in
the 650 and 1000 blocks of South Mayhill Road. 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 Disciplinary
Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City’s legal position in any administrative proceedings or
potential litigation regarding expanding and improving the City of Denton
Landfill, a permitted municipal solid waste disposal facility.
2.Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the T.M. Downing Survey, Abstract No. 346, City of
City of Denton City Council Agenda
October 2, 2012
Page 2
Denton, Denton County, Texas, and located generally along the south side
of East McKinney Street, approximately 0.3 miles east of Woodrow Lane.
Consultation with the City’s attorneys regarding legal issues associated
with the potential acquisition and condemnation 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.
3.Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of two tracts of land,
located in the David Davis Survey, Abstract Number 356, City of Denton,
Denton, County, Texas, and located generally along the west side of Tom
Cole Road, across from the Denton Municipal Airport. 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.
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.”
City of Denton City Council Agenda
October 2, 2012
Page 3
2. PROCLAMATIONS/PRESENTATIONS
A.Proclamations/Awards
1. Employer of the Year for People with Disabilities
2.National Disability Employment Awareness Month
3.Fire Prevention Week
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A – N). 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 – N below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A.Consider approval of a resolution allowing Metzler’s Food and Beverage, Inc. to
be the sole participant allowed to sell alcoholic beverages at the Friday Nite Bites!
Denton Foodie Truck Festival, located at 604 E. Hickory Street, Friday, October
26, 2012, upon certain conditions; authorizing the City Manager or his designee to
execute an agreement in conformity with this resolution; and providing for an
effective date. Staff recommends approval of Metzler’s Food and Beverage’s
request.
B.Consider adoption of an ordinance of the City of Denton, Texas amending the
provisions of Chapter 17 by amending Sections 17-184, 17-187, 17-189, and 17-
191 to correct cross reference errors; amending Section 17-187 to provide for a
new section title; amending Section 17-191 to provide for a limited judicial
review of demolition orders issued by the health and building standards
commission of the City of Denton, Texas; amending the provisions of Chapter 19
by amending Section 19-2 to provide for clear declaration of limited civil
jurisdiction already conferred upon the city’s municipal court of record by state
law, and incorporated by municipal charter; providing a severability clause;
providing a savings clause; and providing an effective date.
C.Consider adoption of an ordinance of the City of Denton, Texas, to declare the
intent to reimburse expenditures from the Unreserved Fund Balance of the Airport
Fund with certificates of obligation with an aggregate maximum principal amount
equal to $2,000,000 to allow the purchase of land for future development of
Airport property; and providing an effective date.
D.Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager or his designee to execute (I) a Contract of Sale (herein so called),
as attached hereto and made a part hereof as Exhibit “A”, by and between the City
City of Denton City Council Agenda
October 2, 2012
Page 4
of Denton, (the “City”), and Wells Fargo Bank, N.A., and Billie Glosser,
(collectively, as “Seller”) contemplating the sale by Seller and purchase by City
of (A) a called 6.205 acre tract of land; and (B) a called 142.2252 acre tract of
land (Collectively, the “Real Property”), for the purchase price of One Million
00
Five Hundred Thousand and No/100 Dollars ($1,500,000.), said Real Property
being generally located along the west side of Tom Cole Road, across from the
Denton Municipal Airport and located in the David Davis Survey, Abstract
Number 356, Denton County, Texas; and (II) upon closing of the transaction
contemplated by the Contract of Sale, a Temporary Lease (herein so called) of the
Real Property in favor of Billie Glosser; authorizing the City Manager, or his
designee, to execute and deliver any and all other documents necessary to
accomplish closing of the transactions contemplated by the Contract of Sale;
authorizing the expenditure of funds therefor; and providing an effective date.
E. Consider adoption of an ordinance of the City of Denton, Texas amending the
provisions of Chapter 6 by amending Section 6-26 to add provisions to allow the
keeping of chickens within the city limits of Denton with certain restrictions;
providing for a severability clause; providing for a savings clause; providing for a
penalty not to exceed $500 for violations of this ordinance; and providing for an
effective date.
F. Consider adoption of an ordinance amending the Code of Ordinances of the City
of Denton, Texas by adding Section 26-12 thereto; providing for the imposition of
a lien on real property, other than homestead property, for delinquent municipal
utility bills for utility service to the real property; providing for a savings clause;
providing for a severability clause; providing for publication thereof; and
providing for an effective date. The Public Utilities Board recommends approval
(5-0)
G. Consider adoption of an ordinance accepting competitive bids and awarding an
initial two year contract with the option to extend for three (3) additional one (1)
year periods for the purchase of park land maintenance products for the City of
Denton Parks Department; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4925–Two Year Contract for Park Land
Maintenance Products awarded to the lowest responsible bidder for each item as
shown on Exhibit A for an annual estimated expenditure of $65,000 and a five
year estimated total of $325,000).
H. Consider adoption of an ordinance accepting competitive bids and awarding an
initial two year contract with the option to extend for three (3) additional one (1)
year periods for the purchase of irrigation parts and supplies for the City of
Denton Parks Department; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4928–Two Year Contract for Irrigation Parts and
Supplies awarded to the overall lowest responsible bidder meeting specification,
Longhorn, Inc., for an annual estimated expenditure of $50,000 and a five year
estimated total of $250,000).
City of Denton City Council Agenda
October 2, 2012
Page 5
I. Consider adoption of an ordinance accepting competitive bids and awarding a
best value, initial three (3) year contract, with the option to extend for two (2)
additional one (1) year periods, for asphalt and concrete street sections and repair
services for the City of Denton Street Department; providing for the expenditure
of funds therefor; and providing an effective date (Bid 4974-awarded to Jagoe-
Public Co. in the annual estimated expenditure of $1,500,000 and a five year
estimated total of $7,500,000).
J. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 5.140 acre tract, known as Lot 1, Block A, of Mayhill
Road Addition, an Addition to the extraterritorial Jurisdiction of the City of
Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet
Y, Page 761, Plat Records of Denton County, Texas, located in the City of Denton
and generally in the 650 block of South Mayhill Road (the “Property Interests”),
for the public use of expanding and improving the City of Denton Landfill, a
permitted municipal solid waste disposal facility; authorizing the City Manager or
his designee to make an offer to (1) Unified Aircraft Service, Inc. (the “Owner”);
(2) successors in interest to the Owner to the Property Interests; or (3) any other
owners of the Property Interests, as may be applicable, to purchase the Property
Interests for the purchase price of Two Million Five Hundred Thousand Dollars
00
and No Cents ($2,500,000.), as prescribed in the Contract of Sale (the
“Agreement”), as attached to the ordinance and made a part thereof as Exhibit
“A”; authorizing the expenditure of funds therefor; authorizing relocation
expenditures; and providing an effective date.
K. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 2.124 acre tract, located in the Gideon Walker Survey,
Abstract No. 1330, in the City of Denton, Denton County, Texas, being more
particularly described on Exhibit “A”, attached to the ordinance and made a part
thereof, and located generally on South Mayhill Road, north of Gayla Drive (the
“Property Interests”), for the public use of expanding and improving the City of
Denton Landfill, a permitted municipal solid waste disposal facility; authorizing
the City Manager or his designee to make an offer to (1) Weldon Wilson and
wife, Terri Wilson (collectively, the “Owner”); (2) successors in interest to the
Owner to the Property Interests; or (3) any other owners of the Property Interests,
as may be applicable, to purchase the Property Interests for the purchase price of
Eighty Eight Thousand Seven Hundred Fifty One Dollars and No Cents
00
($88,751.), as prescribed in the Contract of Sale (the “Agreement”), as attached
to the ordinance and made a part thereof as Exhibit “B”; authorizing the
expenditure of funds therefor; and providing an effective date.
L. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 2.486 acre tract located in the T.M.
Downing Survey, Abstract Number 346, in the City of Denton, Denton County,
Texas as more particularly described on Exhibit “A”, attached to the ordinance
and made a part thereof, located generally along the south side of East McKinney
Street, approximately 0.3 miles east of Woodrow Lane (the “Property Interests”),
for the public use of expanding and improving the Denton Municipal Electric
distribution and transmission system; authorizing the City Manager or his
City of Denton City Council Agenda
October 2, 2012
Page 6
designee to make an offer to (1) Gerard Roland Vela and wife, Emma Lamar Vela
(collectively the “Owner”); (2) successors in interest to the Owner to the Property
Interests; or (3) any other owners of the Property Interests, as may be applicable,
to purchase the Property Interests for the purchase price of Two Hundred Eighty
00
Six Thousand Four Hundred Eighty Nine Dollars and No Cents ($286,489.), and
other considerations as prescribed in the Contract of Sale (the “Agreement”), as
attached to the ordinance and made a part thereof as Exhibit “B”; authorizing the
expenditure of funds therefor; and providing an effective date. (69kV
Transmission Line Re-build Project)
M. Consider approval of the minutes of:
August 21, 2012
August 27, 2012
August 28, 2012
September 5, 2012
N. Consider approval of a resolution of the City Council of the City of Denton,
Texas, accepting for filing a petition for the creation of Rayzor Ranch Public
Improvement District No. 1; ordering a public hearing to consider the creation of
the District; authorizing and directing the publication and mailing of notices of the
public hearing as required by law; and providing for an immediate effective date.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider nominations/appointments to the City’s Boards & Commissions:
1. Health & Building Standards Commission
2. Human Services Advisory Committee
3. Parks, Recreation and Beautification Board
4. Public Art Committee
5. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Nell Yeldell regarding prescription medications for her disabled son.
6. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
City of Denton City Council Agenda
October 2, 2012
Page 7
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the ________day of ___________________, 2012 at ________o'clock
(a.m.) (p.m.)
__________________________________________
CITYSECRETARY
NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN
ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL
PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF
REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING.
PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE
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CITYSECRETARY’SOFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
October 2, 2012
DEPARTMENT:
Parks and Recreation
ACM:
John Cabrales
SUBJECT
Consider approval of a resolution allowing to be the sole
participant allowed to sell alcoholic beverages at the Friday Nite Bites! Denton Foodie Truck
Festival, located at 604 E. Hickory Street, Friday, October 26, 2012, upon certain conditions;
authorizing the City Manager or his designee to execute an agreement in conformity with this
resolution; and providing for an effective date. Staff recommends approval of
request.
BACKGROUND
This first time event, Friday Nite Bites Festival, will be held on City property in the Downtown
Denton Transit Center parking lot, 604 E. Hickory. has
requested to sell alcoholic beverages during the festival. The event begins at 5:00 p.m. and
concludes at 10:00 p.m.
The festival is co-sponsored by the City of Denton, Denton County Transportation Authority and
the Denton Convention and Visitors Bureau. There will be eight to ten food trucks from Denton
and the Metroplex and area bands will provide live music. The event is to encourage food trucks
to bring their business to Denton and for out of town guests to ride the train and enjoy the
various activities Denton has to offer.
RECOMMENDATION
Staff recommends approval of the resolution and agreement as submitted, which is consistent
with agreements for other events serving alcoholic beverages.
PRIOR ACTION/REVIEW
(Council, Boards, Commissions)
35 Denton
Prior requests to allow the sale and consumption of alcohol on city property for the
events were approved by Council in February 2011 and 2012.
FISCAL INFORMATION
Cost to departments:
Parks and Recreation estimate: Overtime and rental of equipment - $1,110
Police estimated time: Overtime - $500
Agenda Information Sheet
October 2, 2012
Page 2
EXHIBITS
1.Letter of Request
2.Resolution
3.City of Denton Agreement with
Respectfully submitted:
Emerson Vorel
Director of Parks and Recreation
Prepared by:
Janie McLeod
Community Events Coordinator
AGENDA INFORMATION SHEET
AGENDA DATE:
October 2, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, to declare the intent to reimburse
expenditures from the Unreserved Fund Balance of the Airport Fund with certificates of
obligation with an aggregate maximum principal amount equal to $2,000,000 to allow the
purchase of land for future development of Airport property; and providing an effective date.
BACKGROUND
The FY 2012-13 Budget includes provisions for the Airport Fund to purchase property for
expansion. The City of Denton’s next Capital Improvement Program (CIP) bond sale is scheduled
to occur in April 2013.
In accordance with the Denton Municipal Airport’s business plans and long-term development
initiatives, staff entered into negotiations to acquire the Glosser property in July 2011. The Real
Estate Division has negotiated terms to acquire this tract of land for $1,500,000, and a separate
item has been included on the City Council’s October 2 Agenda for this action.
In the summer of 2011, the Airport also initiated discussions with representatives of the Cole
Property Trust to acquire 35.161 acres of land situated south of the Airport for use as a runway
safety area to accommodate future runway construction. If this property purchase is made at the
same cost per acre as the already negotiated Glosser property, the purchase price is estimated not
to exceed $500,000.
The City of Denton’s next bond sale is scheduled to occur in April 2013. Since a contract of sale
has been negotiated, staff would like to initiate the purchase of this property. The purchase will be
made out of the unreserved fund balance of the Airport Fund, and with the approval of the
ordinance, these funds will be reimbursed once the certificates of obligation (COs) are sold. The
total expenditure for the purchase of land in the Airport Fund is $2,000,000 (for both the Glosser
and Cole properties).
Agenda Information Sheet
Page 2
October 2, 2012
FISCAL INFORMATION
This ordinance will allow COs to be issued to reimburse the Airport Fund in an amount not to
exceed $2,000,000. The purchase of the land was included in the FY 2012-13 Adopted Budget.
Respectfully submitted:
Michelle McCallum
Budget and Municipal Court Manager
S:\Finance\Agenda Item Shared\Agenda Item Shared\2012 Agenda Folders\October 2012\October 2 - 2012\Reimbursement Ordinance - Purchase
of Airport Property\2- Reimbursement-Airport land Drft 4.doc
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO
REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE
AIRPORT FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE
MAXIMUM PRINCIPAL AMOUNT EQUAL TO $2,000,000 TO ALLOW THE PURCHASE
OF LAND FOR FUTURE DEVELOPMENT OF AIRPORT PROPERTY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the “Issuer”) is a municipal corporation/political
subdivision of the State of Texas; and
WHEREAS, the issuer expects to pay expenditures for the purchase of land for future
development of Airport property, which was approved in the 2012-2013 Capital Improvement
Program Budget; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the
provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at
such time as it issues the obligations to finance the Project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum principal amount equal to $2,000,000 for the purpose of
future development by purchasing land.
SECTION 2. All costs to be reimbursed pursuant hereto will be for the purchase of land
as authorized by Section 271.045(a)(2) of the Texas Local Government Code. No tax-exempt
obligations will be issued by the Issuer in furtherance of this ordinance after a date which is later
than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which
the property, with respect to which such expenditures are made, is acquired. That all amounts
expended from the Unreserved Fund Balance of the Airport Fund for the purchase of land shall
be reimbursed from Certificate of Obligation bond proceeds within the 2012-2013 fiscal year.
SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued
pursuant to this ordinance more than three years after the date any expenditure which is to be
reimbursed is paid.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
AGENDA INFORMATION SHEET
AGENDA DATE:
October 2, 2012
DEPARTMENT:
Airport
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or
his designee to execute (I) a Contract of Sale (herein so called), as attached hereto and made a
between the City of Denton, and Wells Fargo
Bank, N.A., and Billie Glosser, (collectively, as Seller contemplating the sale by Seller and
purchase by City of (A) a called 6.205 acre tract of land; and (B) a called 142.2252 acre tract of
for the purchase price of One Million Five Hundred
00
Thousand and No/100 Dollars ($1,500,000.), said Real Property being generally located along
the west side of Tom Cole Road, across from the Denton Municipal Airport and located in the
David Davis Survey, Abstract Number 356, Denton County, Texas; and (II) upon closing of the
transaction contemplated by the Contract of Sale, a Temporary Lease (herein so called) of the
Real Property in favor of Billie Glosser; Authorizing the City Manager, or his designee, to
execute and deliver any and all other documents necessary to accomplish closing of the
transactions contemplated by the Contract of Sale; authorizing the expenditure of funds therefor;
and providing an effective date.
BACKGROUND
In accord with the -term development
initiatives, staff has entered into talks with neighboring landowners to endeavor to achieve terms
of purchase regarding assemblage tracts for future airport operations and use.
The proposed land purchase involves the acquisition of 148.43 acres made up of two tracts
situated on the west side of the existing airport grounds: (1) a 6.205 acre tract; and (2) a
142.2252 acre tract.
Located upon the proposed purchase tracts are two residential structures, several barns, out
buildings, and operations equipment. The tracts at hand are currently being used as a home site
and horse ranching.
The primary elements of the proposed purchase transaction involve:
00
Purchase price of $1,500,000..
A temporary lease-back period to the Seller, for 90 days after closing, to provide a
reasonable time period for relocation of the horses and ranch operations.
Agenda Information Sheet
October 2, 2012
Page 2
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Staff recommends approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council Airport Committee reviewed at their January 3, 2012 meeting.
City Council reviewed at their January 10, 2012 meeting.
Airport Advisory Board reviewed at their July 25, 2012 meeting.
FISCAL INFORMATION
Purchase of this property is proposed from a Fiscal 2012-13 issue of Certificates of Obligation,
with the first annual debt service payment of approximately $160,000 due in Fiscal 2013-14.
Annual debt service will be paid from the Airport Fund, initially from Airport gas well royalty
revenue, with the long term objective of developing the property for general aviation uses that
will generate annual revenue to pay debt service.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map
2.Ordinance
Respectfully submitted,
Quentin Hix,
Director of Aviation
Prepared by,
Pamela England,
Real Estate Specialist
Glosser Property Location Map
Total combined Property
148.40 Ac.
Glosser Property
6.20 Ac.
R36643
First Interstate Bank
141.65 Ac. Property
R160701
ACLUD 2
Legend
City of Denton
Airport Overlay DistrictCity Limits
Airport Boundary
Planning and Development
ACLUD
COD
¬
R36643
221 N. Elm Street
15 YEAR Non-Annexation Agrmt.
R160701
Denton, Texas 76201
2ETJ
Denton Airport
(940) 349-8541
This map represents the current information
Parcels
www.cityofdenton.com
within the City of Denton GIS System. It is
not an official map of the City of Denton and
should not be used for engineering purposes.
2,0001,00002,000Feet
It may contain errors or omissions.
AGENDA INFORMATION SHEET
AGENDA DATE:
October 2, 2012
DEPARTMENT:
Police
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of
Chapter 6 by amending Section 6-26 to add provisions to allow the keeping of chickens within
the city limits of Denton with certain restrictions; providing for a severability clause; providing
for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance;
and providing for an effective date.
BACKGROUND
On October 6, 2009 Dawn Paradise spoke to City Council during the public comments portion of
the City Council meeting regarding urban chickens. Ms. Paradise proposed some changes to the
current city ordinance governing the keeping of fowl. Following this presentation, staff was
asked to research the issue and the suggested changes offered by Ms. Paradise.
On June 3, 2010 staff issued an Informal Staff Report (10-044) to Council on this topic. This
report outlined staff rese
ordinances in other municipalities. The report ended with a list of staff recommendations in
terms of ordinance revisions in the event Council decided to move forward with this issue.
This staff report was subsequently used in the development of the recently adopted Sustainability
Plan. Urban chickens were listed as a strategy to increase the access and availability of locally
produced food. One of the action items in the plan was to revise applicable city ordinances to
allow for urban chickens.
On September 11, 2012 staff made a Work Session presentation to Council regarding the
proposed ordinance. Staff provided a draft of the ordinance for discussion and direction. Council
direction was to proceed with the ordinance as written.
Comparison of Ordinances
Following the Work Session presentation, Mayor Burroughs requested a comparative analysis of
the proposed ordinance with the recently adopted ordinance revisions in the Town of Flower
Mound to allow urban chickens. The following chart depicts the comparison.
Provisions Denton Flower Mound
Number of Hens 8 on single parcel 3 on < 1 acre; unlimited on > 1 acre
Distance 50 feet to neighboring residence, 10 feet to any property line < 1 acre;
office, school, etc 50 feet to any property line > 1 acre
Roosters Not Allowed Not allowed on <1 acre
Noise Nuisance Same Same
Odor Nuisance Same Same
Not At Large Same Same
OPTIONS
1.Council can approve the ordinance as proposed.
2.Council can reject the ordinance and direct staff to make changes to the proposed
ordinance.
PRIOR ACTION/REVIEW
06/03/10 Informal Staff Report (10-044)
03/27/12 Informal Staff Report (2012-035)
09/11/12 Council Work Session
FISCAL IMPACT
Staff does not anticipate any fiscal impact related to this proposed ordinance revision.
Respectfully submitted,
Lee Howell
Chief of Police
Prepared by:
Scott Fletcher, Captain
s:\legal\our documents\ordinances\12\urbanchickensanimalamendments2.doc
ORDINANCE NO. 2012-__________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 6 BY AMENDING SECTION 6-26 TO ADD PROVISIONS TO ALLOW THE
KEEPING OF CHICKENS WITHIN THE CITY LIMITS OF DENTON WITH CERTAIN
RESTRICTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 6 “Animals” of the Code of Ordinances of Denton, Texas is
hereby amended by amending Section 6-26 to add subsections (a) through (e) and to re-designate
the original subsections as subsections (f) and (g). Section 6-26 shall read as follows:
Sec. 6-26. - Keeping of fowl.
(a)It shall be unlawful for any owner of any chicken to maintain more than eight (8)
hens on any single parcel of property in a residential neighborhood.
(b)It shall be unlawful for any person to keep or harbor any chicken within the corporate
limits of the city in any pen, shed, coop, enclosed structure, or fenced yard, if any part
of such enclosure, structure, or yard is within fifty (50) feet of any residence, business
or commercial establishment or office, school, hospital or nursing home.
(c) It shall be unlawful for any person to keep or harbor a rooster within the corporate
limits of the city.
(d)It shall be unlawful for any person to keep or harbor any chicken that is not
maintained within an enclosed structure or fenced yard that prevents the animal from
straying off of the owner’s property.
(e)It shall be unlawful for any person to keep or harbor any chicken within the corporate
limits of the city unless the person possess a current and valid permit from the city.
(f)It shall be unlawful for any person to keep or harbor any fowl (other than chickens)
within the corporate limits of the city in any pen, shed, coop, enclosed structure, or
fenced yard, if any part of such enclosure, structure, or yard is within one hundred
fifty (150) feet of any residence, business or commercial establishment or office,
school, hospital or nursing home. This section shall not apply to pet birds kept within
residential or commercial structures, nor shall it apply to birdhouses for the keeping
of migrating or wild birds.
S:\Legal\Our Documents\Ordinances\12\UrbanChickensAnimalAmendments2.doc
(g)It shall be unlawful for any owner of any fowl to maintain yards, pens, sheds, coops,
or other enclosures in which such fowl are confined in such a manner as to give off
odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed
or attract flies, mosquitoes or other noxious insects or rodents, or in any manner to
endanger the public health, safety or welfare, or to create a public nuisance.
SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 3. Save and except as amended hereby, all the provisions, sections,
subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 4. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day.
Each day that a provision of this ordinance is violated shall constitute a separate offense.
SECTION 5. This ordinance providing for a penalty 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 (10) days of the date of its passage.
PASSED AND APPROVED this the ____ day of _____________, 2012
____________________________________
MARK A. BURROUGHS, MAYOR
ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
By: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: __________________________________
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE
: October 2, 2012
DEPARTMENT
: Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance amending the Code of Ordinances of the City of Denton,
Texas by adding Section 26-12 thereto; providing for the imposition of a lien on real property,
other than homestead property, for delinquent municipal utility bills for utility service to the real
property; providing for a savings clause; providing for a severability clause; providing for
publication thereof; and providing for an effective date. The Public Utilities Board recommends
approval (5 to 0).
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 of the City’s customer base that are not being
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
in order to collect on the property’s delinquent utility bills. Liens may be imposed under the
condition that the property is non-homestead, for utility service that is not connected to a tenant’s
name, and the debt was incurred after the effective date of the City’s ordinance.
Agenda Information Sheet
October 2, 2012
Page 2
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 on the property, the City’s lien will be inferior only to a bona-
fide mortgage lien, but shall be superior in priority to previously recorded judgment liens as well
as to any lien that is recorded after the City’s lien is filed of record.
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
and fees outlined on a customer’s final utility bill, staff will require payment for the costs of
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.
RECOMMENDATION
Staff recommends approval of the ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
During the summer of 2008, the City Council and Public Utilities Board reviewed the Navigant
Management Report prepared for Denton Municipal Electric.
On January 26, 2009, a Customer Service strategy was presented to the Public Utilities Board.
The Board recommended that staff proceed with the suggested strategy.
On March 10, 2009, a Customer Service strategy was presented to the City Council. The City
Council recommended that staff proceed with the suggested strategy.
On February 22, 2010, the Public Utilities Board recommended implementation of the proposed
ordinance changes.
On November 16, 2010, the City Council approved Ordinance No. 2010-292.
Agenda Information Sheet
October 2, 2012
Page 3
PRIOR ACTION/REVIEW (Council, Boards, Commissions) CONTINUED
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.
On September 18, 2012, the City Council reviewed the proposed utility lien ordinance.
FISCAL INFORMATION
Over the last five and one-half fiscal years, approximately $817,000 in uncollected utility debts
has been incurred by non-homestead account holders.
EXHIBITS
1.Section 552.0025, Texas Local Government Code
2.Ordinance
Respectfully submitted:
Ethan Cox
Customer Service Manager
EXHIBIT 1
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
EXHIBIT 1
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.
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 is 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
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
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:
October 2, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Emerson Vorel at 349-7460
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding an initial two year
contract with the option to extend for three (3) additional one (1) year periods for the purchase of
park land maintenance products for the City of Denton Parks Department; providing for the
expenditure of funds therefor; and providing an effective date (Bid 4925-Two Year Contract for
Park Land Maintenance Products awarded to the lowest responsible bidder for each item as
shown on Exhibit A for an annual estimated expenditure of $65,000 and a five year estimated
total of $325,000).
BID INFORMATION
This bid is for the purchase of maintenance products to be utilized by the Parks Department at
City of Denton parks, right of ways, landscape beds, athletic fields and any other areas
maintained by this department. The products are used to control insects, weeds and fungus in
landscaped and turf areas. These products also help alleviate the infestation of pests and also
prevent damage and fatality to plants and turf. Other products such as fertilizers and soil
amendments help to provide a beneficial environment and needed nutrition to maintain healthy
plants and turf.
Standard City of Denton purchasing procedures were utilized. Bid notices were advertised in the
local paper, posted on the internet, and directly communicated to 21 prospective bidders. Nine
responses were received. The bid tabulation is included as Exhibit 1.
RECOMMENDATION
Award to the lowest responsible bidder for each item as listed on Exhibit A. The apparent low
bidder on Item A7 did not meet specification due to additional charges listed as an exception.
The apparent low bidder for Items C2, C12 and C18 did not meet the size specifications. A
summary of the bid recommendation for each item is listed below.
VendorItem #
BWI Companies, Inc. A3, A6, A8, B8, C1, C2, C2A, C5, C6, C7, C8, C9, C14,
C15, C20, C21, D2, E1, F2, F3, F6, G2, G4, G5
John Deere Landscapes: A1, A9, B2, D1, F1, F4, F5, G1, G3
Agenda Information Sheet
October 2, 2012
Page 2
RECOMMENDATION (CONTINUED)
VendorItem #
Red River Specialties, Inc. C4, C19
Helena Chemical Company A5, B1, B5, B6, B7, B9, C3, C10, C17
Direct Solutions A2, A4, B3, B4, C11, C11A, C12, C13, C16, C18,
F7, F8
Justin Seed Company A7
PRINCIPAL PLACE OF BUSINESS
BWI Companies, Inc. John Deere Landscapes Red River Specialties
Carrollton, TX Cleveland, OH Ada, OK
Helena Chemical Company Direct Solutions Justin Seed Company
Greenville, TX Southlake, TX Justin, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial two (2) year contract with options to extend the contract for three (3) additional
one (1) year periods with all terms and conditions remaining the same.
FISCAL INFORMATION
The maintenance products will be funded from the Parks Department operating accounts listed
below:
Athletic Maintenance/Chemical 402110.6334
Athletic Maintenance/Compost 402110.6390
Park Operations/Chemical 402130.6334
Landscape Maintenance/Chemical 402140.6334
EXHIBITS
Exhibit 1: Bid Tabulation
Agenda Information Sheet
October 2, 2012
Page 3
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-Bid 4925
ORDINANCE NO. __________
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN INITIAL TWO
YEAR CONTRACT WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE (1)
YEAR PERIODS FOR THE PURCHASE OF PARK LAND MAINTENANCE PRODUCTS FOR
THE CITY OF DENTON PARKS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4925-TWO YEAR
CONTRACT FOR PARK LAND MAINTENANCE PRODUCTS AWARDED TO THE LOWEST
RESPONSIBLE BIDDER FOR EACH ITEM AS SHOWN ON EXHIBIT A FOR AN ANNUAL
ESTIMATED EXPENDITURE OF $65,000 AND A FIVE YEAR ESTIMATED TOTAL OF
$325,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
ITEM
NUMBER VENDOR AMOUNT
A3, A6, A8, B8, C1, C2, C2A, BWI Companies, Inc. Exhibit A
C5, C6, C7, C8, C9, C14, C15,
C20, C21, D2, E1, F2, F3, F6,
G2, G4, G5
A1, A9, B2, D1, F1, F4, F5, G1, G3 John Deere Landscapes Exhibit A
C4, C19 Red River Specialties, Inc. Exhibit A
A5, B1, B5, B6, B7, B9, C3, Helena Chemical Company. Exhibit A
C10, C17
A2, A4, B3, B4, C11, C11A, C12, Direct Solutions Exhibit A
C13, C16, C18, F7, F8
A7 Justin Seed Company Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under Bid 4925 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-Bid 4925
AGENDA INFORMATION SHEET
AGENDA DATE:
October 2, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Emerson Vorel at 349-7460
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding an initial two year
contract with the option to extend for three (3) additional one (1) year periods for the purchase of
irrigation parts and supplies for the City of Denton Parks Department; providing for the
expenditure of funds therefor; and providing an effective date (Bid 4928-Two Year Contract for
Irrigation Parts and Supplies awarded to the overall lowest responsible bidder meeting
specification, Longhorn, Inc., for an annual estimated expenditure of $50,000 and a five year
estimated total of $250,000).
BID INFORMATION
This bid is for the purchase of irrigation parts and supplies to maintain watering systems located
in City parks, right of ways, landscape beds, athletic fields and any other areas maintained by the
City of Denton Parks Department. These supplies will also be used to install new systems as
needed.
Standard City of Denton purchasing procedures were utilized. Bid notices were advertised in the
local paper, posted on the internet, and communicated directly to nine prospective bidders. Five
responses were received. Staff is recommending award to one vendor, Longhorn, Inc., to insure
ease of ordering and compatibility of parts. Longhorn, Inc. is located within the City of Denton
which allows for convenient access to the parts inventory
A local bidder preference of three percent (3%) was included in the evaluation of the total
pricing submitted by Longhorn Inc., per City of Denton Resolution 2012-12. With this
preference, the bid from Longhorn Inc., is being recommended by staff. The bid tabulation is
included as Exhibit 1.
RECOMMENDATION
Award to the overall lowest responsible bidder meeting specification Longhorn, Inc. for an
annual estimated expenditure of $50,000 and a five year estimated total of $250,000. Items 1K,
20B, 20C, 22A, 22B, 22C, 26A, 26B, 28 and 30B will not be awarded. These items shall be bid
individually for spot purchases in the future, if needed.
Agenda Information Sheet
October 2, 2012
Page 2
PRINCIPAL PLACE OF BUSINESS
Longhorn, Inc.
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial two year contract with options to extend the contract for three (3) additional one
(1) year periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
Irrigation supplies will be purchased as needed from Parks Department operating account
402120.6514.
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-Bid 4928
Exhibit 1
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDORVENDORVENDORVENDORVENDOR
QTY.
John Deere Irrigators Supply, Horizon AMC Industries,
Longhorn, Inc.
LandscapesInc.Distributors, Inc.Inc.
Principle Place of Business:
Cleveland, OHMcKinney, TXDenton, TXFort Worth, TXSouthlake, TX
CLASS 20 PVC
1
1/2" X 20'
1A5,000FT.$0.10$0.11$0.09$0.10$0.09
3/4" X 20
1B5,000FT.$0.12$0.13$0.11$0.12$0.11
1" X 20'
1C5,000FT.$0.16$0.16$0.15$0.15$0.14
1 1/4" X 20'
1D5,000FT.$0.26$0.28$0.24$0.25$0.23
1 1/2" X 20'
1E5,000FT.$0.35$0.35$0.31$0.33$0.28
2" X 20'
1F5,000FT.$0.53$0.59$0.50$0.51$0.44
2 1/2" X 20'
1G5,000FT.$0.77$0.84$0.74$0.74$0.67
3" X 20'
1H3,000FT.$1.21$1.29$1.10$1.17$1.16
4" X 20'
1I2,000FT.$2.04$2.30$1.83$2.02$1.59
6" X 20'
1J1,000FT.$4.86$5.18$3.96$4.35$4.36
8" X 20'
1K1,000FT.$8.29$8.29$8.29$7.44$6.64
SCHEDULE 40 PVC
2
1/2" X 20'
2A5,000FT.$0.18$0.11$0.17$0.15$0.16
3/4" X 20
2B5,000FT.$0.23$0.27$0.23$0.21$0.21
1" X 20'
2C5,000FT.$0.34$0.39$0.33$0.31$0.30
1 1/4" X 20'
2D5,000FT.$0.48$0.40$0.43$0.42$0.46
1 1/2" X 20'
2E5,000FT.$0.54$0.59$0.52$0.51$0.44
2" X 20'
2F5,000FT.$0.72$0.81$0.72$0.68$0.76
2 1/2" X 20'
2G5,000FT.$1.27$1.36$1.15$1.13$1.05
3" X 20'
2H3,000FT.$1.53$1.66$1.46$1.42$1.26
4" X 20'
2I2,000FT.$2.18$2.25$1.90$2.01$1.80
6" X 20'
2J1,000FT.$4.79$4.23$3.70$4.18$3.91
8" X 20'
2K1,000FT.$6.01$6.41$5.02$5.23$4.96
SLIP FIX
3
1/2"
3A200EA.$2.12$1.35$1.45$1.02$1.35
3/4"
3B200EA.$2.37$1.60$1.71$1.07$1.66
1"
3C200EA.$2.67$1.90$2.01$1.26$1.88
1 1/4"
3D200EA.$5.20$3.10$3.31$2.33$3.36
1 1/2"
3E200EA.$5.63$3.65$3.87$2.56$3.67
2"
3F300EA.$8.76$5.30$5.64$3.99$5.21
2 1/2"
3G100EA.$11.64$9.85$9.02$6.73$9.53
3"
3H100EA.$13.92$11.90$11.29$8.40$11.41
Exhibit 1
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDORVENDORVENDORVENDORVENDOR
QTY.
John Deere Irrigators Supply, Horizon AMC Industries,
Longhorn, Inc.
LandscapesInc.Distributors, Inc.Inc.
Principle Place of Business:
Cleveland, OHMcKinney, TXDenton, TXFort Worth, TXSouthlake, TX
4"
3I20EA.$24.35$23.95$20.53$15.86$19.94
KBI SWING JOINTS
4
1/2" X 12 Thread X Thread
4A100EA.$9.70$11.15$9.22$5.57$9.92
3/4" X 12 Thread X Thread
4B750EA.$10.86$12.35$11.36$6.21$12.33
1" X 12 Thread X Thread
4C500EA.$13.72$15.75$14.95$8.48$15.59
1 1/2" X 12 Thread X Thread
4D150EA.$20.51$23.53$22.50$24.20$23.30
3/4" X 12 Slip X Thread
4E100EA.$10.86$12.35$11.33$6.21$12.33
1" X 12 Slip X Thread
4F100EA.$13.72$15.75$14.33$8.48$15.59
1 1/2" X 12 Slip X Thread
4G100EA.$20.51$23.53$22.50$24.20$22.98
COBRA HOSES - ALL LENGTHS AVAILABLE
5
1/2" X 12 #CC1200
5A50EA.$1.22$1.25$1.19$1.13$1.25
3/4" X 12 #CC1275-2
5B50EA.$1.36$1.36$1.32$1.26$1.32
1/2" X 18 #CC1800
5C50EA.$1.67$1.67$1.63$1.56$1.62
POLY CUT OFF NIPPLES
6
1/2" X 6 #M481-005
6A300EA.$0.26$0.25$0.26$0.23$0.23
3/4" X 6 #M481-007
6B300EA.$0.55$0.45$0.49$0.46$0.55
3/4" X 1/2" X 6 #M481-101
6C300EA.$0.49$0.26$0.29$0.39$0.49
SCHEDULE 80 NIPPLES
7
1/2" X 6"
7A100EA.$0.26$0.39$0.43$0.37$0.49
1/2" X 12"
7B100EA.$0.41$0.62$0.68$0.58$1.09
1/2" X 18"
7C100EA.$0.69$0.85$0.93$0.80$1.17
1/2" X 24"
7D100EA.$0.85$1.02$1.12$0.96$1.29
3/4" X 6"
7E100EA.$0.32$0.44$0.48$0.44$0.59
3/4" X 12"
7F100EA.$0.53$0.75$0.77$0.70$1.39
1" X 6"
7G100EA.$0.75$0.68$0.70$0.64$0.75
1" X 12"
7H100EA.$0.76$1.07$1.10$1.02$1.89
WEATHERMATIC LX POP-UP SPRINKLER
8
HEADS
LX-3
8A100EA.$1.161$1.12$1.13$1.13$1.19
LX-4
8B1,000EA.$1.023$0.92$0.99$1.06$0.94
LX-6
8C500EA.$3.713$3.58$4.38$3.60$3.78
LX-12
8D500EA.$5.218$5.31$6.95$5.32$5.75
WEATHERMATIC LX POP-UP NOZZLES
9
LX Plastic
9A1,000EA.$0.59$0.45$0.55$0.46$0.59
Exhibit 1
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDORVENDORVENDORVENDORVENDOR
QTY.
John Deere Irrigators Supply, Horizon AMC Industries,
Longhorn, Inc.
LandscapesInc.Distributors, Inc.Inc.
Principle Place of Business:
Cleveland, OHMcKinney, TXDenton, TXFort Worth, TXSouthlake, TX
LX Brass #5515H
9B1,000EA.$0.448$2.56$2.84$2.74$2.99
LX Brass #5515F
9C1,000EA.$4.79$4.08$4.50$4.36$4.79
WEATHERMATIC BUBBLERS - ALL MODELS
1,000EA.$2.333$2.20$2.45$2.26$0.89
10
AVAILABLE
WEATHERMATIC T-3 SPRAY HEADS -
500EA.$7.989$7.59$7.95$8.27$7.98
11
ADJUSTABLE THROUGH 360 DEGREES
WEATHERMATIC CT-70 SPRAY HEADS -
500EA.$19.632$18.95$19.75$19.05$18.98
12
ADJUSTABLE THROUGH 360 DEGREES
K-RAIN PRO PLUS
500EA.$4.235$7.50$7.50$7.50$7.50
13
K-RAIN PRO SPORT
500EA.$7.635$17.50$17.50$17.50$17.50
14
QUICK COUPLING VALVES AND ACCESSORIES
15
3/4" QCV #V075
15A15EA.$36.78$16.27$17.95$24.42$31.89
1" QCV #V100
15B15EA.$51.71$23.83$39.95$37.17$48.33
3/4" QCK #C075
15C15EA.$9.21$9.60$10.75$19.82$20.96
1" QCK #C100
15D15EA.$19.92$19.16$24.95$33.30$34.92
WEATHERMATIC 1100 SERIES REMOTE
16
CONTROL VALVES
1" #11024FCR-10
16A100EA.$52.31$45.95$49.50$49.58$52.00
1 1/2" #11024FCR-15
16B100EA.$76.95$67.95$75.00$72.95$76.50
2" #11024FCR-20
16C100EA.$105.62$93.55$99.95$100.13$105.00
WEATHERMATIC 2100 SERIES REMOTE
17
CONTROL VALVES
1" #21024E-10
17A100EA.$38.51$32.10$37.50$36.69$40.50
1 1/2" #21024E-15
17B100EA.$53.74$47.10$52.50$51.18$56.50
2" #21024E-20
17C100EA.$78.01$69.50$76.75$74.29$82.00
WEATHERMATIC 8200 SERIES REMOTE
18
CONTROL VALVES
1" #8024 BCR-10
18A100EA.$110.91$94.10$106.95$104.89$110.00
1 1/2" #8024 BCR-15
18B100EA.$145.22$129.50$142.50$137.79$144.50
2" #8024 BCR-20
18C100EA.$199.62$168.95$189.50$189.29$198.50
3" #8024 BCR-30
18D50EA.$427.75$381.05$413.50$405.27$419.90
WEATHERMATIC CONTROL VALVE REPAIR
19
PARTS
Solenoid #S24BSA
19A300EA.$21.18$19.05$21.50$21.43$20.88
1" Diaphragm Plastic #110-003SA
19B300EA.$3.80$3.75$3.95$3.85$3.79
1 1/2" Diaphragm Plastic #49-110 MSA
19C300EA.$8.69$4.85$5.10$4.96$4.85
2" Diaphragm Plastic #50-110 MSA
19D300EA.$7.25$7.16$7.49$7.44$7.15
1" Diaphragm Brass #30-104 MSA
19E300EA.$5.95$5.75$6.25$5.90$3.71
1 1/2" Diaphragm Brass #30-203 MSA
19F300EA.$5.95$5.85$6.49$6.02$5.92
2" Diaphragm Brass #30-303 MSA
19G300EA.$9.35$9.25$9.75$9.46$9.31
Exhibit 1
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDORVENDORVENDORVENDORVENDOR
QTY.
John Deere Irrigators Supply, Horizon AMC Industries,
Longhorn, Inc.
LandscapesInc.Distributors, Inc.Inc.
Principle Place of Business:
Cleveland, OHMcKinney, TXDenton, TXFort Worth, TXSouthlake, TX
TORO DL2000 DRIP LINE
20
RGP-412-01
20A1,500FT.$0.04$0.44$0.45$0.20$0.43
RGP-412-03
20B1,500FT.$0.23$0.26$0.43$0.22$0.43
RGP-412-10
20C1,500FT.$0.13$0.24$0.24$0.23$0.23
DRIP LINE PRESSURE REGULATOR
21
3/4" Low Flow #PMR15-LF
21A15EA.$5.59$9.45$4.75$5.36$9.45
3/4" M10 Flow #PMR25-MF
21B15EA.$6.88$11.35$5.25$5.36$10.89
3/4" Filter #YS75
21C15EA.$5.02$9.85$8.49$3.86$9.85
1" Filter #AP4E-100
21D15EA.$5.42$11.41$16.95$16.95$16.95
TORO DRIP LINE FITTINGS
22
1/2" Tee #DLT
22A500EA.$0.55$0.40$0.55$0.18$0.55
1/2" Coupling #DLC
22B500EA.$0.26$0.27$0.27$0.18$0.27
1/2" Elbow #DLE
22C500EA.$0.05$0.40$0.40$0.18$0.40
TORO 252 SERIES REMOTE CONTROL VALVES
23
1' Plastic #252-06-04
23A30EA.$35.55$36.55$35.98$35.98$35.77
1 1/2" #252-26-06
23B60EA.$62.85$62.85$59.95$61.12$61.38
2" #252-26-08
23C60EA.$77.22$76.97$75.50$76.88$77.22
TORO 220 SERIES REMOTE CONTROL VALVES
24
1" P220-27-04
24A30EA.$86.59$86.59$83.95$85.26$85.64
1 1/2" P220-27-06
24B60EA.$101.31$104.00$101.00$102.51$99.84
2" P220-27-08
24C60EA.$131.99$135.15$131.50$133.56$134.15
3" P220-27-00
24D40EA.$231.84$236.50$231.00$236.50$198.85
TORO CONTROL VALVE REPAIR
25
1" Solenoid Plastic #89-0878
25A100EA.$11.34$11.10$11.95$11.48$11.57
1 1/2" Solenoid Plastic #35-3099
25B100EA.$35.28$33.92$36.99$35.70$35.99
1" Diaphragm Plastic #35-2824
25C200EA.$6.41$6.81$6.95$6.49$6.65
1 1/2" Diaphragm Plastic #89-0815
25D200EA.$24.44$24.89$25.50$21.48$21.65
2" Diaphragm Plastic #89-0817
25E200EA.$21.22$21.15$22.50$24.73$24.93
NELSON - PROGRAMMABLE ACTUATORS 8010,
26
8014, 8030
8010
26A2EA.$56.54$75.70$75.70$66.21$75.70
8014
26B2EA.$73.74$78.83$78.83$76.38$78.83
8030
26C2EA.$69.816$73.75$77.35$77.35$77.35
NELSON - ADAPTORS
27
Exhibit 1
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDORVENDORVENDORVENDORVENDOR
QTY.
John Deere Irrigators Supply, Horizon AMC Industries,
Longhorn, Inc.
LandscapesInc.Distributors, Inc.Inc.
Principle Place of Business:
Cleveland, OHMcKinney, TXDenton, TXFort Worth, TXSouthlake, TX
Irritrol Plastic #77422
27A10EA.$5.04$5.48$5.85$4.80$5.85
Rainbird Plastic #77424
27B10EA.$5.04$5.48$5.85$4.94$5.85
Weathermatic Brass #77481
27C10EA.$10.61$13.90$12.25$12.15$13.90
Rainbird Plastic #77468
27D10EA.$10.86$13.90$12.25$12.15$13.90
Irritrol #77467
27E10EA.$10.86$13.90$12.25$12.15$13.90
NELSON PROGRAMMERS - 8070
5EA.$203.83$203.83$203.83$183.52$203.83
28
IRRITROL RAIN DIAL CONTROLLERS
29
RD600 EXT
29A5EA.$101.35$110.95$109.50$108.73$109.74
RD900 EXT
29B5EA.$140.44$153.00$149.50$151.12$149.90
RD1200 EXT
29C5EA.$185.33$199.95$197.00$199.02$198.72
TC15EX
29D5EA.$234.47$238.75$231.50$237.26$236.90
TC18EX
29E5EA.$280.00$286.10$275.00$283.33$289.05
TC24EX
29F5EA.$366.51$369.15$359.00$370.87$378.35
IRRITROL IBOC CONTROLLERS
30
IBOC 4B
30A5EA.$610.09$615.25$598.00$617.36$629.80
IBOC6B
30B5EA.$699.41$699.41$699.41$699.41$699.41
IBOC8B
30C5EA.$742.13$749.50$725.00$750.96$766.10
IRRITROL 700 SERIES REMOTE CONTROL
31
VALVES
1" #700 - 1
31A10EA.$48.72$18.75$47.50$49.30$49.97
1 1/2" #700 - 1.5
31B10EA.$69.20$28.50$67.50$70.02$70.99
2" #700-2.0
31C10EA.$95.15$46.20$92.75$96.29$98.23
IRRITROL CONTROL VALVE REPAIR PARTS
32
1" Solenoid #R811
32A15EA.$7.72$7.91$7.95$7.81$7.97
1' Diaphragm #100236
32B20EA.$3.13$3.29$3.25$3.17$3.26
1 1/2" Diaphragm #114401
32C20EA.$12.07$12.75$12.50$12.21$12.52
2" Diaphragm #114601
32D20EA.$13.88$14.01$14.25$14.05$14.64
24-VOLT DC LATCHING SOLENOID-FOR USE ON
20EA.$15.59$15.16$15.50$14.29$16.62
33
IRRITROL VALVES #E2002
LEIT 4000 SERIES CONTROLLERS
34
Leit 4000
34A5EA.$447.64$461.00$429.00$415.67$543.13
Leit 4006
34B5EA.$574.56$592.00$550.00$533.52$697.13
Leit 4008
34C5EA.$668.65$689.00$639.75$620.89$811.30
MCOL 4000 Mounting Column
34D5EA.$59.08$12.01$55.50$54.86$71.69
Tool 3004 Leit Key
34E5EA.$23.01$23.15$21.50$21.37$27.92
Exhibit 1
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDORVENDORVENDORVENDORVENDOR
QTY.
John Deere Irrigators Supply, Horizon AMC Industries,
Longhorn, Inc.
LandscapesInc.Distributors, Inc.Inc.
Principle Place of Business:
Cleveland, OHMcKinney, TXDenton, TXFort Worth, TXSouthlake, TX
LEMA 1500 SERIES ACTUATOR
35
Lema Weathermatic #LEMA1524-4
35A3EA.$4.77$46.25$46.25$46.25$46.25
Lema Irritrol #LEMA 1520-4
35B3EA.$111.21$60.77$46.25$60.77$60.77
FEBCO PVB
36
765 - 1"
36A5EA.$59.50$61.75$51.50$54.20$49.84
765 - 1 1/2"
36B5EA.$256.38$265.15$194.50$233.55$189.58
765 - 2"
36C5EA.$291.09$299.91$215.75$265.17$212.13
FEBCO RPZ
37
860-RP-010 - 1"
37A5EA.$202.52$201.25$152.50$176.30$171.13
860-RP-015 - 1 1/2"
37B5EA.$356.49$349.01$312.95$310.33$301.25
860-RP-020 - 2"
37C5EA.$395.00$395.05$332.00$343.85$343.07
860-RP-030 - 3"
37D5EA.$1,734.98$1,421.95$1,325.00$1,225.62$1,259.33
HOT BOX
38
LB-1 1" Device
38A2EA.$571.95$549.95$529.00$530.64$573.24
LB-2 2" Device
38B2EA.$802.87$779.65$799.50$745.67$755.18
PLASTIC VALVE BOXES
39
6" Box #P5R
39A30EA.$2.32$3.10$2.99$1.69$3.10
10" Box #P10R
39B30EA.$6.29$10.25$9.88$5.45$10.25
12" Rectangle Box #M12R
39C30EA.$12.63$19.95$16.95$11.88$19.95
Large Rectangle Box L18R
39D30EA.$26.44$35.72$26.95$24.25$35.72
2500 FT. ROLLS OF 14-GAUGE WIRE-ALL
100EA.$235.00$194.62$210.00$200.00$192.80
40
COLORS AVAILABLE
WIRE DRY SPLICE CONNECTORS
41
King Blue Small #King-2
41A1,000EA.$0.50$0.52$0.49$0.46$0.46
King Tan Large #King-6
41B1,000EA.$0.59$0.59$0.59$0.56$0.55
TURF TIGHT BLUE GLUE - 1 GALLON
500EA.$38.23$42.95$34.99$35.50$45.85
43
CONTAINER
TURF TIGHT PURPLE PRIMER - 1 GALLON
EA.$37.59$27.15$26.97$19.07$48.76
44500
CONTAINER
Emergency Stock Delivery can be made in
1 Day0-1 Day
1 Day1 Day
__________ days from receipt of order
Normal Stock Delivery can be made in __________
7-10 Days1 Day0-2 Days
2 Days1 Day
days from receipt of order
Percent discount off of manufacturer list (catalog)
pricing:
Lasco PVC Fittings
0%70%62%0%>53
Exhibit 1
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDORVENDORVENDORVENDORVENDOR
QTY.
John Deere Irrigators Supply, Horizon AMC Industries,
Longhorn, Inc.
LandscapesInc.Distributors, Inc.Inc.
Principle Place of Business:
Cleveland, OHMcKinney, TXDenton, TXFort Worth, TXSouthlake, TX
Irritrol
0%47%51%0%>51
Weathermatic
0%48%52%0%
>51
Spears valve
0%45%50%0%>53
Texas United
0%50%60%0%0%
United Elchem
0%45%55%0%>50
Christies
0%42%55%0%>51
KBI
0%45%55%0%>53
Toto
0%45%55%0%>51
Nelson
0%42%50%0%0%
Bidder is an authorized distributor, by the
YesYesYesYesYes
manufacturer, and is authorized to sell to the City of
Denton?
YellowShade =No bids / For evaluation purposes only - highest price is row inserted.
$13,591.88$13,033.54
$12,669.65$12,576.40$13,299.94
Price Differential between low bidder and local bidder=
-0.73600851
ORDINANCE NO. __________
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN INITIAL TWO
YEAR CONTRACT WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE (1)
YEAR PERIODS FOR THE PURCHASE OF IRRIGATION PARTS AND SUPPLIES FOR THE
CITY OF DENTON PARKS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4928-TWO YEAR
CONTRACT FOR IRRIGATION PARTS AND SUPPLIES AWARDED TO THE OVERALL
LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, LONGHORN, INC., FOR AN
ANNUAL ESTIMATED EXPENDITURE OF $50,000 AND A FIVE YEAR ESTIMATED TOTAL
OF $250,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER VENDOR AMOUNT
4928 Longhorn, Inc. Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under Bid 4928 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-Bid 4928
Exhibit A
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDOR
QTY.
Longhorn, Inc.
Principle Place of Business:
Denton, TX
CLASS 20 PVC
1
1/2" X 20'
1A5,000FT.
$0.0925
3/4" X 20
1B5,000FT.
$0.1113
1" X 20'
1C5,000FT.
$0.1463
1 1/4" X 20'
1D5,000FT.
$0.2352
1 1/2" X 20'
1E5,000FT.
$0.3083
2" X 20'
1F5,000FT.
$0.5016
2 1/2" X 20'
1G5,000FT.
$0.7420
3" X 20'
1H3,000FT.
$1.097
4" X 20'
1I2,000FT.
$1.829
6" X 20'
1J1,000FT.
$3.960
SCHEDULE 40 PVC
2
1/2" X 20'
2A5,000FT.
$0.1672
3/4" X 20
2B5,000FT.
$0.2299
1" X 20'
2C5,000FT.
$0.3344
1 1/4" X 20'
2D5,000FT.
$0.4338
1 1/2" X 20'
2E5,000FT.
$0.5225
2" X 20'
2F5,000FT.
$0.7211
2 1/2" X 20'
2G5,000FT.
$1.149
3" X 20'
2H3,000FT.
$1.457
4" X 20'
2I2,000FT.
$1.902
6" X 20'
2J1,000FT.
$3.699
8" X 20'
2K1,000FT.
$5.016
SLIP FIX
3
1/2"
3A200EA.
$1.45
3/4"
3B200EA.
$1.71
1"
3C200EA.
$2.01
1 1/4"
3D200EA.
$3.31
1 1/2"
3E200EA.
$3.87
2"
3F300EA.
$5.64
2 1/2"
3G100EA.
$9.02
3"
3H100EA.
$11.29
4"
3I20EA.
$20.53
Exhibit A
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDOR
QTY.
Longhorn, Inc.
Principle Place of Business:
Denton, TX
KBI SWING JOINTS
4
1/2" X 12 Thread X Thread
4A100EA.
$9.22
3/4" X 12 Thread X Thread
4B750EA.
$11.36
1" X 12 Thread X Thread
4C500EA.
$14.95
1 1/2" X 12 Thread X Thread
4D150EA.
$22.50
3/4" X 12 Slip X Thread
4E100EA.
$11.33
1" X 12 Slip X Thread
4F100EA.
$14.33
1 1/2" X 12 Slip X Thread
4G100EA.
$22.50
COBRA HOSES - ALL LENGTHS AVAILABLE
5
1/2" X 12 #CC1200
5A50EA.
$1.19
3/4" X 12 #CC1275-2
5B50EA.
$1.32
1/2" X 18 #CC1800
5C50EA.
$1.63
POLY CUT OFF NIPPLES
6
1/2" X 6 #M481-005
6A300EA.
$0.26
3/4" X 6 #M481-007
6B300EA.
$0.49
3/4" X 1/2" X 6 #M481-101
6C300EA.
$0.29
SCHEDULE 80 NIPPLES
7
1/2" X 6"
7A100EA.
$0.43
1/2" X 12"
7B100EA.
$0.68
1/2" X 18"
7C100EA.
$0.93
1/2" X 24"
7D100EA.
$1.12
3/4" X 6"
7E100EA.
$0.48
3/4" X 12"
7F100EA.
$0.77
1" X 6"
7G100EA.
$0.70
1" X 12"
7H100EA.
$1.10
WEATHERMATIC LX POP-UP SPRINKLER
8
HEADS
LX-3
8A100EA.
$1.13
LX-4
8B1,000EA.
$0.99
LX-6
8C500EA.
$4.38
LX-12
8D500EA.
$6.95
WEATHERMATIC LX POP-UP NOZZLES
9
LX Plastic
9A1,000EA.
$0.55
LX Brass #5515H
9B1,000EA.
$2.84
Exhibit A
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDOR
QTY.
Longhorn, Inc.
Principle Place of Business:
Denton, TX
LX Brass #5515F
9C1,000EA.
$4.50
WEATHERMATIC BUBBLERS - ALL MODELS
1,000EA.
10$2.45
AVAILABLE
WEATHERMATIC T-3 SPRAY HEADS -
500EA.
11$7.95
ADJUSTABLE THROUGH 360 DEGREES
WEATHERMATIC CT-70 SPRAY HEADS -
500EA.
12$19.75
ADJUSTABLE THROUGH 360 DEGREES
K-RAIN PRO PLUS
500EA.
13$7.50
K-RAIN PRO SPORT
500EA.
14$17.50
QUICK COUPLING VALVES AND ACCESSORIES
15
3/4" QCV #V075
15A15EA.
$17.95
1" QCV #V100
15B15EA.
$39.95
3/4" QCK #C075
15C15EA.
$10.75
1" QCK #C100
15D15EA.
$24.95
WEATHERMATIC 1100 SERIES REMOTE
16
CONTROL VALVES
1" #11024FCR-10
16A100EA.
$49.50
1 1/2" #11024FCR-15
16B100EA.
$75.00
2" #11024FCR-20
16C100EA.
$99.95
WEATHERMATIC 2100 SERIES REMOTE
17
CONTROL VALVES
1" #21024E-10
17A100EA.
$37.50
1 1/2" #21024E-15
17B100EA.
$52.50
2" #21024E-20
17C100EA.
$76.75
WEATHERMATIC 8200 SERIES REMOTE
18
CONTROL VALVES
1" #8024 BCR-10
18A100EA.
$106.95
1 1/2" #8024 BCR-15
18B100EA.
$142.50
2" #8024 BCR-20
18C100EA.
$189.50
3" #8024 BCR-30
18D50EA.
$413.50
WEATHERMATIC CONTROL VALVE REPAIR
19
PARTS
Solenoid #S24BSA
19A300EA.
$21.50
1" Diaphragm Plastic #110-003SA
19B300EA.
$3.95
1 1/2" Diaphragm Plastic #49-110 MSA
19C300EA.
$5.10
2" Diaphragm Plastic #50-110 MSA
19D300EA.
$7.49
1" Diaphragm Brass #30-104 MSA
19E300EA.
$6.25
1 1/2" Diaphragm Brass #30-203 MSA
19F300EA.
$6.49
2" Diaphragm Brass #30-303 MSA
19G300EA.
$9.75
TORO DL2000 DRIP LINE
20
Exhibit A
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDOR
QTY.
Longhorn, Inc.
Principle Place of Business:
Denton, TX
RGP-412-01
20A1,500FT.$0.450
DRIP LINE PRESSURE REGULATOR
21
3/4" Low Flow #PMR15-LF
21A15EA.
$4.75
3/4" M10 Flow #PMR25-MF
21B15EA.
$5.25
3/4" Filter #YS75
21C15EA.
$8.49
1" Filter #AP4E-100
21D15EA.
$16.95
TORO 252 SERIES REMOTE CONTROL VALVES
23
1' Plastic #252-06-04
23A30EA.
$35.98
1 1/2" #252-26-06
23B60EA.
$59.95
2" #252-26-08
23C60EA.
$75.50
TORO 220 SERIES REMOTE CONTROL VALVES
24
1" P220-27-04
24A30EA.
$83.95
1 1/2" P220-27-06
24B60EA.
$101.00
2" P220-27-08
24C60EA.
$131.50
3" P220-27-00
24D40EA.
$231.00
TORO CONTROL VALVE REPAIR
25
1" Solenoid Plastic #89-0878
25A100EA.
$11.95
1 1/2" Solenoid Plastic #35-3099
25B100EA.
$36.99
1" Diaphragm Plastic #35-2824
25C200EA.
$6.95
1 1/2" Diaphragm Plastic #89-0815
25D200EA.
$25.50
2" Diaphragm Plastic #89-0817
25E200EA.
$22.50
NELSON - ADAPTORS
27
Irritrol Plastic #77422
27A10EA.
$5.85
Rainbird Plastic #77424
27B10EA.
$5.85
Weathermatic Brass #77481
27C10EA.
$12.25
Rainbird Plastic #77468
27DEA.
10$12.25
Irritrol #77467
27EEA.
10$12.25
IRRITROL RAIN DIAL CONTROLLERS
29
RD600 EXT
29AEA.
5$109.50
RD900 EXT
29BEA.
5$149.50
RD1200 EXT
29CEA.
5$197.00
TC15EX
29DEA.
5$231.50
TC18EX
29EEA.
5$275.00
Exhibit A
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDOR
QTY.
Longhorn, Inc.
Principle Place of Business:
Denton, TX
TC24EX
29F5EA.
$359.00
IRRITROL IBOC CONTROLLERS
30
IBOC 4B
30A5EA.
$598.00
IBOC8B
30C5EA.
$725.00
IRRITROL 700 SERIES REMOTE CONTROL
31
VALVES
1" #700 - 1
31A10EA.
$47.50
1 1/2" #700 - 1.5
31B10EA.
$67.50
2" #700-2.0
31C10EA.
$92.75
IRRITROL CONTROL VALVE REPAIR PARTS
32
1" Solenoid #R811
32A15EA.
$7.95
1' Diaphragm #100236
32B20EA.
$3.25
1 1/2" Diaphragm #114401
32C20EA.
$12.50
2" Diaphragm #114601
32D20EA.
$14.25
24-VOLT DC LATCHING SOLENOID-FOR USE ON
20EA.
33$15.50
IRRITROL VALVES #E2002
LEIT 4000 SERIES CONTROLLERS
34
Leit 4000
34A5EA.
$429.00
Leit 4006
34B5EA.
$550.00
Leit 4008
34C5EA.
$639.75
MCOL 4000 Mounting Column
34D5EA.
$55.50
Tool 3004 Leit Key
34E5EA.
$21.50
LEMA 1500 SERIES ACTUATOR
35
Lema Weathermatic #LEMA1524-4
35A3EA.
$46.25
Lema Irritrol #LEMA 1520-4
35B3EA.
$46.25
FEBCO PVB
36
765 - 1"
36A5EA.
$51.50
765 - 1 1/2"
36B5EA.
$194.50
765 - 2"
36C5EA.
$215.75
FEBCO RPZ
37
860-RP-010 - 1"
37A5EA.
$152.50
860-RP-015 - 1 1/2"
37B5EA.
$312.95
860-RP-020 - 2"
37C5EA.
$332.00
860-RP-030 - 3"
37D5EA.
$1,325.00
HOT BOX
38
Exhibit A
BID # 4928
DATE: 8/9/2012
ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES
EST.
DESCRIPTION
ItemANNUAL UOMVENDOR
QTY.
Longhorn, Inc.
Principle Place of Business:
Denton, TX
LB-1 1" Device
38A2EA.
$529.00
LB-2 2" Device
38B2EA.
$799.50
PLASTIC VALVE BOXES
39
6" Box #P5R
39A30EA.
$2.99
10" Box #P10R
39B30EA.
$9.88
12" Rectangle Box #M12R
39C30EA.
$16.95
Large Rectangle Box L18R
39D30EA.
$26.95
2500 FT. ROLLS OF 14-GAUGE WIRE-ALL
100EA.
40$210.00
COLORS AVAILABLE
WIRE DRY SPLICE CONNECTORS
41
King Blue Small #King-2
41A1,000EA.
$0.49
King Tan Large #King-6
41B1,000EA.
$0.59
TURF TIGHT BLUE GLUE - 1 GALLON
500EA.
43$34.99
CONTAINER
TURF TIGHT PURPLE PRIMER - 1 GALLON
500EA.
44$26.97
CONTAINER
Emergency Stock Delivery can be made in
1 Day
__________ days from receipt of order
Normal Stock Delivery can be made in __________
1 Day
days from receipt of order
Percent discount off of manufacturer list (catalog)
pricing:
Lasco PVC Fittings
62%
Irritrol
51%
Weathermatic
52%
Spears valve
50%
Texas United
60%
United Elchem
55%
Christies
55%
KBI
55%
Toto
55%
Nelson
50%
Bidder is an authorized distributor, by the
Yes
manufacturer, and is authorized to sell to the City of
Denton?
AGENDA INFORMATION SHEET
AGENDA DATE:
October 2, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Keith Gabbard at 349-7144
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a best value, initial
three (3) year contract, with the option to extend for two (2) additional one (1) year periods, for
asphalt and concrete street sections and repair services for the City of Denton Street Department;
providing for the expenditure of funds therefor; and providing an effective date (Bid 4974-
awarded to Jagoe-Public Co. in the annual estimated expenditure of $1,500,000 and a five year
estimated total of $7,500,000).
BID INFORMATION
The sections of this annual contract allows for turn-key street repairs in addition to the Street
s regular construction projects. Each section of the contract allows the City of
Denton to ensure more projects are accomplished in an expedited manner by creating efficiencies
within the procurement process. Upon approval, staff will able to issue purchase order releases
to the contractual rates and agreement.
Standard City of Denton purchasing procedures were utilized. Bid notices were advertised in the
local paper, posted on the internet and communicated directly to 176 prospective bidders. Jagoe-
Public Co. was the only vendor to respond but the proposed pricing is essentially the same as
prior years. The bid tabulation is included as Exhibit 1.
RECOMMENDATION
Approve an initial three year contract with Jagoe-Public Co. in the annual estimated expenditure
of $1,500,000 and a five year estimated total of $7,500,000.
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Co.
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
The initial term of this contract is for three years with an option to renew for two (2) additional
one (1) year periods with all terms and conditions remaining the same. Schedules for individual
projects will be determined as Notice to Proceed letters are issued.
Agenda Information Sheet
October 2, 2012
Page 2
FISCAL INFORMATION
Projects associated with this agreement will be funded from bond sales, Capital Improvement
Program funds and/or appropriate budget accounts.
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-Bid 4974
IFB # 4974
Exhibit 1
DATE: 7/31/2012
Description: Asphalt and Concrete Section Repair
Jagoe Public Co.
Item No.Est. Qty.UoMType of Service Requested
Unit
Extended Price
Price
13,500SYCut and Remove 4" Concrete Sidewalk - 500 to 2000 SY$28.00$98,000
23,500SYCut and Remove 4" Concrete Sidewalk- 2001 to 5000 SY$22.50$78,750
33,500SYReplace 4" Concrete Sidewalk- 500 to 2000 SY$47.00$164,500
43,500SYReplace 4" Concrete Sidewalk-2001 to 5000 SY$42.00$147,000
52,500SYCut and Remove 5" Concrete Sidewalk - 500 to 2000 SY$29.00$72,500
62,500SYCut and Remove 5" Concrete Sidewalk- 2001 to 5000 SY$23.50$58,750
72,500SYReplace 5" Concrete Sidewalk- 500 to 2000 SY$47.50$118,750
82,500SYReplace 5" Concrete Sidewalk-2001 to 5000 SY$43.00$107,500
91,500SYCut and Remove 6" Concrete Pavement-500 to 2000 SY$30.00$45,000
104,000SYCut and Remove 6" Concrete Pavement-2001 to 5000 SY$24.50$98,000
111,500SYReplace 6" Concrete Pavement-500 to 2000 SY$48.00$72,000
124,000SYReplace 6" Concrete Pavement-2001 to 5000 SY$44.00$176,000
131,000SYCut and Remove 8" Concrete Pavement-500 to 2000 SY$31.00$31,000
143,500SYCut and Remove 8" Concrete Pavement-2001 to 5000 SY$25.50$89,250
151,000SYReplace 8" Concrete Pavement-500 to 2000 SY$52.00$52,000
163,500SYReplace 8" Concrete Pavement-2001 to 5000 SY$47.00$164,500
171,500SYCut and Remove 10" Concrete Pavement-500 to 2000 SY$31.50$47,250
184,000SYCut and Remove 10" Concrete Pavement-2001 to 5000 SY$26.50$106,000
191,500SYReplace 10" Concrete Pavement-500 to 2000 SY$64.00$96,000
204,000SYReplace 10" Concrete Pavement-2001 to 5000 SY$61.50$246,000
214,500LFCut and Remove 24" Curb and Gutter-2001 to 5000 LF$9.50$42,750
221,800LFReplace 24" Curb and Gutter-500 to 2000 LF$18.50$33,300
234,500LFReplace 24" Curb and Gutter-2001 to 5000 LF$17.25$77,625
242,000SYCut and Remove 2" Asphalt-500 to 2000 SY$3.25$6,500
255,000SYCut and Remove 2" Asphalt-2001 to 5000 SY$2.50$12,500
262,000SYReplace 2" Asphalt-500 to 2000 SY$8.50$17,000
275,000SYReplace 2" Asphalt-2001 to 5000 SY$7.25$36,250
282,000SYCut and Remove 3" Asphalt-500 to 2000 SY$3.25$6,500
295,000SYCut and Remove 3" Asphalt-2001 to 5000 SY$2.65$13,250
302,000SYReplace 3" Asphalt-500 to 2000 SY$11.50$23,000
315,000SYReplace 3" Asphalt-2001 to 5000 SY$10.20$51,000
IFB # 4974
Exhibit 1
DATE: 7/31/2012
Description: Asphalt and Concrete Section Repair
Jagoe Public Co.
Item No.Est. Qty.UoMType of Service Requested
321,500SYCut and Remove 4" Asphalt-500 to 2000 SY$3.95$5,925
333,500SYCut and Remove 4" Asphalt-2001 to 5000 SY$3.25$11,375
341,500SYReplace 4" Asphalt-500 to 2000 SY$15.00$22,500
353,500SYReplace 4" Asphalt-2001 to 5000 SY$13.25$46,375
361,500SYCut and Remove 5" Asphalt-500 to 2000 SY$3.90$5,850
373,500SYCut and Remove 5" Asphalt-2001 to 5000 SY$3.75$13,125
381,500SYReplace 5" Asphalt-500 to 2000 SY$16.75$25,125
393,500SYReplace 5" Asphalt-2001 to 5000 SY$15.20$53,200
401,800SYCut and Remove 6" Asphalt-500 to 2000 SY$4.10$7,380
413,500SYCut and Remove 6" Asphalt-2001 to 5000 SY$3.90$13,650
421,800SYReplace 6" Asphalt-500 to 2000 SY$19.50$35,100
433,500SYReplace 6" Asphalt-2001 to 5000 SY$18.90$66,150
441,500SYCut and Remove 7" Asphalt-500 to 2000 SY$7.00$10,500
453,500SYCut and Remove 7" Asphalt-2001 to 5000 SY$5.50$19,250
461,500SYReplace 7" Asphalt-500 to 2000 SY$23.00$34,500
473,500SYReplace 7" Asphalt-2001 to 5000 SY$21.20$74,200
481,500SYCut and Remove 8" Asphalt-500 to 2000 SY$7.25$10,875
493,500SYCut and Remove 8" Asphalt-2001 to 5000 SY$5.50$19,250
507,500SYCut and Remove 8'' Asphalt-5001 to 8000 SY$5.00$37,500
511,500SYReplace 8" Asphalt-500 to 2000 SY$26.50$39,750
523,500SYReplace 8" Asphalt-2001 to 5000 SY$24.25$84,875
537,500SYReplace 8'' Asphalt- 5001 to 8000 SY$25.00$187,500
541,500SYCut and Remove 10" Asphalt-500 to 2000 SY$7.75$11,625
553,500SYCut and Remove 10" Asphalt-2001 to 5000 SY$7.00$24,500
561,500SYReplace 10" Asphalt-500 to 2000 SY$32.00$48,000
573,500SYReplace 10" Asphalt-2001 to 5000 SY$30.00$105,000
587,500SYReplace 10'' Asphalt-5001 to 8000 Sy$29.20$219,000
591,800SYCut and Remove 12" Asphalt-500 to 2000 SY$8.50$15,300
604,500SYCut and Remove 12" Asphalt-2001 to 5000 SY$8.10$36,450
617,500SYCut and Remove 12'' Asphalt- 5001 to 8000 SY$7.75$58,125
621,800SYReplace 12" Asphalt-500 to 2000 SY$38.00$68,400
634,500SYReplace 12" Asphalt-2001 to 5000 SY$35.50$159,750
647,500SYReplace 12'' Asphalt-5001 to 8000 SY$34.50$258,750
IFB # 4974
Exhibit 1
DATE: 7/31/2012
Description: Asphalt and Concrete Section Repair
Jagoe Public Co.
Item No.Est. Qty.UoMType of Service Requested
65100EAAdjust Manholes to Finish Grade - All Manholes$365.00$36,500
66100EAAdjust Valves$275.00$27,500
672,000SYSubgrade Stabilization - 6" 500 to 2000 SY$4.90$9,800
681,000SYLime Subgrade Stabilization - 8" 500 to 2000 SY$9.70$9,700
694,300SYLime Subgrade Stabilization - 8" 2001 to 5000 SY$4.50$19,350
701,000SYLime Subgrade Stabilization - 12" 500 to 2000 SY$13.00$13,000
714,500SYLime Subgrade Stabilization - 12" 2001 to 5000 SY$6.00$27,000
721,000SYCement Subgrade Stabilization - 8" 500 to 2000 SY$9.00$9,000
734,000SYCement Subgrade Stabilization - 8" 2001 to 5000 SY$4.50$18,000
741,000SYCement Subgrade Stabilization - 12" 500 to 2000 SY$9.75$9,750
753,500SYCement Subgrade Stabilization - 12" 2001 to 5000 SY$6.00$21,000
762,000SYCem-Lime Subgrade Stabilization 8'' 500 to 2000 SY$7.20$14,400
774,800SYCem-Lime Subgrade Stabilization 8'' 2001 to 5000 SY$5.00$24,000
787,500SYCem-lime Subgrade Stabilization 8'' 5001 to 8000 SY$4.50$33,750
792,000SYCem-Lime Subgrade Stabilization 12'' 500 to 2000 SY$7.50$15,000
804,800SYCem-Lime Subgrade Stabilization 12'' 2001 to 5000 SY$6.00$28,800
817,500SYCem-lime Subgrade Stabilization 12'' 5001 to 8000 SY$5.20$39,000
821,200TNCem-Lime for Stabilization (1 to 1,200 TN)$161.00$193,200
83200TNLime for Subgrade Stabilization - PH Series (1 to 1000 TN)$158.00$31,600
84200TNCement for Stabilization - Atterberg Limits (1 to 1000 TN)$121.00$24,200
85700LFErosion Control - Silt Fence - Inlet Protection$3.00$2,100
86750SYHydromulch$2.00$1,500
87250CYUnclassified Excavation-1 to 500 CY$23.00$5,750
88750CYUnclassified Excavation-501 to 999 CY$13.50$10,125
89250CYCompacted Fill to 95%-100 to 500 CY$27.00$6,750
90750CYCompacted Fill to 95%-501 to 1000 CY$22.00$16,500
91250SYAsphalt Base Failure Repair by SY-6"-100 to 500 SY$50.00$12,500
921,000SYAsphalt Base Failure Repair by SY-6"-501 to 1500 SY$35.00$35,000
93250SYAsphalt Base Failure Repair by SY-8"-100 to 500 SY$55.00$13,750
941,000SYAsphalt Base Failure Repair by SY-8"-501 to 1501 SY$44.00$44,000
953,500SYEmulsified Asphalt for Priming of Subgrade (SS-1)$0.95$3,325
Total Estimated Cost of Services (Annual)
$4,973,130.00
ORDINANCE NO. __________
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A BEST VALUE,
INITIAL THREE (3) YEAR CONTRACT, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, FOR ASPHALT AND CONCRETE STREET
SECTIONS AND REPAIR SERVICES FOR THE CITY OF DENTON STREET DEPARTMENT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 4974-AWARDED TO JAGOE-PUBLIC CO. IN THE ANNUAL
ESTIMATED EXPENDITURE OF $1,500,000 AND A FIVE YEAR ESTIMATED TOTAL OF
$7,500,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER VENDOR AMOUNT
4974 Jagoe-Public Co. Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under Bid 4974 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-4974
IFB # 4974
Exhibit A
DATE: 7/31/2012
Description: Asphalt and Concrete Section Repair
Item No.Est. Qty.UoMType of Service RequestedJagoe Public Co.
13,500SYCut and Remove 4" Concrete Sidewalk - 500 to 2000 SY$28.00
23,500SYCut and Remove 4" Concrete Sidewalk- 2001 to 5000 SY$22.50
33,500SYReplace 4" Concrete Sidewalk- 500 to 2000 SY$47.00
43,500SYReplace 4" Concrete Sidewalk-2001 to 5000 SY$42.00
52,500SYCut and Remove 5" Concrete Sidewalk - 500 to 2000 SY$29.00
62,500SYCut and Remove 5" Concrete Sidewalk- 2001 to 5000 SY$23.50
72,500SYReplace 5" Concrete Sidewalk- 500 to 2000 SY$47.50
82,500SYReplace 5" Concrete Sidewalk-2001 to 5000 SY$43.00
91,500SYCut and Remove 6" Concrete Pavement-500 to 2000 SY$30.00
104,000SYCut and Remove 6" Concrete Pavement-2001 to 5000 SY$24.50
111,500SYReplace 6" Concrete Pavement-500 to 2000 SY$48.00
124,000SYReplace 6" Concrete Pavement-2001 to 5000 SY$44.00
131,000SYCut and Remove 8" Concrete Pavement-500 to 2000 SY$31.00
143,500SYCut and Remove 8" Concrete Pavement-2001 to 5000 SY$25.50
151,000SYReplace 8" Concrete Pavement-500 to 2000 SY$52.00
163,500SYReplace 8" Concrete Pavement-2001 to 5000 SY$47.00
171,500SYCut and Remove 10" Concrete Pavement-500 to 2000 SY$31.50
184,000SYCut and Remove 10" Concrete Pavement-2001 to 5000 SY$26.50
191,500SYReplace 10" Concrete Pavement-500 to 2000 SY$64.00
204,000SYReplace 10" Concrete Pavement-2001 to 5000 SY$61.50
214,500LFCut and Remove 24" Curb and Gutter-2001 to 5000 LF$9.50
221,800LFReplace 24" Curb and Gutter-500 to 2000 LF$18.50
234,500LFReplace 24" Curb and Gutter-2001 to 5000 LF$17.25
242,000SYCut and Remove 2" Asphalt-500 to 2000 SY$3.25
255,000SYCut and Remove 2" Asphalt-2001 to 5000 SY$2.50
262,000SYReplace 2" Asphalt-500 to 2000 SY$8.50
275,000SYReplace 2" Asphalt-2001 to 5000 SY$7.25
282,000SYCut and Remove 3" Asphalt-500 to 2000 SY$3.25
295,000SYCut and Remove 3" Asphalt-2001 to 5000 SY$2.65
302,000SYReplace 3" Asphalt-500 to 2000 SY$11.50
315,000SYReplace 3" Asphalt-2001 to 5000 SY$10.20
321,500SYCut and Remove 4" Asphalt-500 to 2000 SY$3.95
333,500SYCut and Remove 4" Asphalt-2001 to 5000 SY$3.25
IFB # 4974
Exhibit A
DATE: 7/31/2012
Description: Asphalt and Concrete Section Repair
Item No.Est. Qty.UoMType of Service RequestedJagoe Public Co.
341,500SYReplace 4" Asphalt-500 to 2000 SY$15.00
353,500SYReplace 4" Asphalt-2001 to 5000 SY$13.25
361,500SYCut and Remove 5" Asphalt-500 to 2000 SY$3.90
373,500SYCut and Remove 5" Asphalt-2001 to 5000 SY$3.75
381,500SYReplace 5" Asphalt-500 to 2000 SY$16.75
393,500SYReplace 5" Asphalt-2001 to 5000 SY$15.20
401,800SYCut and Remove 6" Asphalt-500 to 2000 SY$4.10
413,500SYCut and Remove 6" Asphalt-2001 to 5000 SY$3.90
421,800SYReplace 6" Asphalt-500 to 2000 SY$19.50
433,500SYReplace 6" Asphalt-2001 to 5000 SY$18.90
441,500SYCut and Remove 7" Asphalt-500 to 2000 SY$7.00
453,500SYCut and Remove 7" Asphalt-2001 to 5000 SY$5.50
461,500SYReplace 7" Asphalt-500 to 2000 SY$23.00
473,500SYReplace 7" Asphalt-2001 to 5000 SY$21.20
481,500SYCut and Remove 8" Asphalt-500 to 2000 SY$7.25
493,500SYCut and Remove 8" Asphalt-2001 to 5000 SY$5.50
507,500SYCut and Remove 8'' Asphalt-5001 to 8000 SY$5.00
511,500SYReplace 8" Asphalt-500 to 2000 SY$26.50
523,500SYReplace 8" Asphalt-2001 to 5000 SY$24.25
537,500SYReplace 8'' Asphalt- 5001 to 8000 SY$25.00
541,500SYCut and Remove 10" Asphalt-500 to 2000 SY$7.75
553,500SYCut and Remove 10" Asphalt-2001 to 5000 SY$7.00
561,500SYReplace 10" Asphalt-500 to 2000 SY$32.00
573,500SYReplace 10" Asphalt-2001 to 5000 SY$30.00
587,500SYReplace 10'' Asphalt-5001 to 8000 Sy$29.20
591,800SYCut and Remove 12" Asphalt-500 to 2000 SY$8.50
604,500SYCut and Remove 12" Asphalt-2001 to 5000 SY$8.10
617,500SYCut and Remove 12'' Asphalt- 5001 to 8000 SY$7.75
621,800SYReplace 12" Asphalt-500 to 2000 SY$38.00
634,500SYReplace 12" Asphalt-2001 to 5000 SY$35.50
647,500SYReplace 12'' Asphalt-5001 to 8000 SY$34.50
65100EAAdjust Manholes to Finish Grade - All Manholes$365.00
66100EAAdjust Valves$275.00
IFB # 4974
Exhibit A
DATE: 7/31/2012
Description: Asphalt and Concrete Section Repair
Item No.Est. Qty.UoMType of Service RequestedJagoe Public Co.
672,000SYSubgrade Stabilization - 6" 500 to 2000 SY$4.90
681,000SYLime Subgrade Stabilization - 8" 500 to 2000 SY$9.70
694,300SYLime Subgrade Stabilization - 8" 2001 to 5000 SY$4.50
701,000SYLime Subgrade Stabilization - 12" 500 to 2000 SY$13.00
714,500SYLime Subgrade Stabilization - 12" 2001 to 5000 SY$6.00
721,000SYCement Subgrade Stabilization - 8" 500 to 2000 SY$9.00
734,000SYCement Subgrade Stabilization - 8" 2001 to 5000 SY$4.50
741,000SYCement Subgrade Stabilization - 12" 500 to 2000 SY$9.75
753,500SYCement Subgrade Stabilization - 12" 2001 to 5000 SY$6.00
762,000SYCem-Lime Subgrade Stabilization 8'' 500 to 2000 SY$7.20
774,800SYCem-Lime Subgrade Stabilization 8'' 2001 to 5000 SY$5.00
787,500SYCem-lime Subgrade Stabilization 8'' 5001 to 8000 SY$4.50
792,000SYCem-Lime Subgrade Stabilization 12'' 500 to 2000 SY$7.50
804,800SYCem-Lime Subgrade Stabilization 12'' 2001 to 5000 SY$6.00
817,500SYCem-lime Subgrade Stabilization 12'' 5001 to 8000 SY$5.20
821,200TNCem-Lime for Stabilization (1 to 1,200 TN)$161.00
83200TNLime for Subgrade Stabilization - PH Series (1 to 1000 TN)$158.00
84200TNCement for Stabilization - Atterberg Limits (1 to 1000 TN)$121.00
85700LFErosion Control - Silt Fence - Inlet Protection$3.00
86750SYHydromulch$2.00
87250CYUnclassified Excavation-1 to 500 CY$23.00
88750CYUnclassified Excavation-501 to 999 CY$13.50
89250CYCompacted Fill to 95%-100 to 500 CY$27.00
90750CYCompacted Fill to 95%-501 to 1000 CY$22.00
91250SYAsphalt Base Failure Repair by SY-6"-100 to 500 SY$50.00
921,000SYAsphalt Base Failure Repair by SY-6"-501 to 1500 SY$35.00
93250SYAsphalt Base Failure Repair by SY-8"-100 to 500 SY$55.00
941,000SYAsphalt Base Failure Repair by SY-8"-501 to 1501 SY$44.00
953,500SYEmulsified Asphalt for Priming of Subgrade (SS-1)$0.95
AGENDA INFORMATION SHEET
AGENDA DATE:
October 2, 2012
DEPARTMENT:
Solid Waste
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 5.140 acre tract, known as Lot 1, Block A, of Mayhill Road Addition, an Addition to
the extraterritorial Jurisdiction of the City of Denton, Denton County, Texas, according to the
Plat thereof recorded in Cabinet Y, Page 761, Plat Records of Denton County, Texas, located in
the City of Denton and generally in the 650 block of South
permitted municipal solid waste disposal facility; authorizing the City Manager or his designee
the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be
applicable, to purchase the Property Interests for the purchase price of Two Million Five
00
Hundred Thousand Dollars and No Cents ($2,500,000.), as prescribed in the Contract of Sale
to the ordinance and made a part tA
authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing
an effective date.
BACKGROUND
This tract is necessary to provide additional land for future Solid Waste operations. A portion of
the subject purchase tract will also provide for necessary storm water and drainage infrastructure
improvements. The acquisition is included as part of the Solid Waste Doverall
strategic plan.
Integra Realty Resources has provided a real estate appraisal report in regard to the subject
acquisition tract and the land rights necessary for the Project. Their findings constitute the
present offer to purchase.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
Agenda Information Sheet
October 2, 2012
Page 2
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
PUB Executive Session January 23, 2012
City Council Executive Session February 7, 2012
PUB Executive Session September 24, 2012
PUB Consent Agenda September 24, 2012 Approved 5-0
FISCAL INFORMATION
The acquisition will be funded from Solid Waste Long Term Bonds in the amount of the
00
purchase price $2,500,000. plus transaction closing costs.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map
2. Ordinance
Respectfully submitted,
Vance Kemler, General Manager
Solid Waste
Prepared by,
Pamela England,
Real Estate Specialist
MORSE
Denton Municipal Landfill Proposed Acquisition
Unified Aircraft Services Inc. - DCAD R#618921 - 5.14 Acres
Denton Municipal Landfill Proposed Acquisition
Legend
µ
Unified Aircraft Services Inc
SITE
Parcels
2701350270Feet
Streets
AGENDA INFORMATION SHEET
AGENDA DATE:
October 2, 2012
DEPARTMENT:
Solid Waste
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 2.124 acre tract, located in the Gideon Walker Survey, Abstract No. 1330, in the City
to
the ordinance and made a part thereof, and located generally on South Mayhill Road, north of
Denton Landfill, a permitted municipal solid waste disposal facility; authorizing the City
Manager or his designee to make an offer to (1) Weldon Wilson and wife, Terri Wilson
(3) any other owners of the Property Interests, as may be applicable, to purchase the Property
Interests for the purchase price of Eighty Eight Thousand Seven Hundred Fifty One Dollars and
00
No Cents ($88,751.to the
ordinance and made a part t
and providing an effective date.
BACKGROUND
This tract is necessary to provide additional land for future Solid Waste operations. A portion of
the subject purchase tract will provide for the construction of an emergency services access road
to the waste area, which will also enhance access to environmental monitoring and testing
locations. The acquisition is included as part of the Solid Waste Doverall strategic
plan.
Integra Realty Resources has provided a real estate appraisal report in regard to the Wilson
property tract and the land rights necessary for the Project. Their findings constitute the present
offer to purchase.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
Agenda Information Sheet
October 2, 2012
Page 2
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
PUB Executive Session January 23, 2012
City Council Executive Session February 7, 2012
PUB Executive Session September 24, 2012
PUB Consent Agenda September 24, 2012 - Approved 5-0
FISCAL INFORMATION
The acquisition will be funded from Solid Waste Long Term Bonds in the amount of the
00
purchase price $88,751. plus transaction closing costs.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map
2. Ordinance
Respectfully submitted,
Vance Kemler, General Manager
Solid Waste
Prepared by,
Pamela England,
Real Estate Specialist
Denton Municipal Landfill Proposed Acquistion
Wilson - 2.124 Acres
Denton Municipal Landfill Proposed Acquisition
Legend
µ
Wilson 2.124 Acres
SITE
Parcels
3001500300Feet
Streets
AGENDA INFORMATION SHEET
AGENDA DATE:
October 2, 2012
DEPARTMENT:
Denton Municipal Electric
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to an approximate 2.486 acre tract located in the T.M. Downing Survey, Abstract
Number 346, in the City of Denton, Denton County, Texas as more particularly described on
Exhibit “A”, attached to the ordinance and made a part thereof, located generally along the south
side of East McKinney Street, approximately 0.3 miles east of Woodrow Lane (the “Property
Interests”), for the public use of expanding and improving the Denton Municipal Electric
distribution and transmission system; authorizing the City Manager or his designee to make an
offer to (1) Gerard Roland Vela and wife, Emma Lamar Vela (collectively the “Owner”); (2)
successors in interest to the Owner to the Property Interests; or (3) any other owners of the
Property Interests, as may be applicable, to purchase the Property Interests for the purchase price
of Two Hundred Eighty Six Thousand Four Hundred Eighty Nine Dollars and No Cents
00
($286,489.), and other considerations as prescribed in the Contract of Sale (the “Agreement”),
as attached to the ordinance and made a part thereof as Exhibit “B”; authorizing the expenditure
of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project).
The Public Utilities Board recommends approval (5-0).
BACKGROUND
In accord with the current 69kV Transmission Line Re-build project initiative, staff is
undertaking the identification of the additional land rights necessary to accommodate the
construction and operation of the improved electric transmission and distribution system. Pyles
Whatley Corporation has been engaged to provide real estate appraisal services in regard to the
subject tract that will be directly impacted by the project.
In respect to the tract owned by Gerard Roland Vela and wife, Emma Lamar Vela, the project
requires the fee simple acquisition of a 2.486 acre tract of land, to accommodate the electric
utilities and electric substation infrastructure. The 2.486 acre proposed acquisition tract would
constitute a partial acquisition or severance, out of the Vela’s overall 18.5 acre parent tract.
Pyles Whatley Corporation has provided a real estate appraisal report in regard to Gerard Roland
Vela and wife, Emma Lamar Vela’s property tract and the land rights necessary for the Project.
Their findings constitute the present offer to purchase.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This tract is within the alignment previously recommended by the Public Utility Board and
approved by the City Council.
July 23, 2012 Public Utility Board executive session.
August 7, 2012 City Council executive session.
September 10, 2012 Public Utility Board executive session.
September 11, 2012 City Council executive session.
September 24, 2012 Public Utility Board executive session.
September 24, 2012 Public Utility Board consent agenda approved (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 $286,489. plus closing costs as prescribed in the Agreement are to be funded
through these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map
2.Ordinance
3.PUB Minutes
Respectfully submitted,
Phillip Williams
General Manager
Electric Administration
Denton Municipal Electric
Prepared by,
Pamela England
Real Estate Specialist
EXHIBIT1
LOCATION MAP
Denton Municipal Electric
Proposed Acquisition
Gerald Vela - 2.486 Acres
Gerald Vela
16.05 Acres Remaining
LEGEND
SITE
PARCELS
TM LINE
TM LINE
EASEMENT
Denton Municipal Electric Proposed Acquisition
Gerald Vela - 2.486 Acres
200100200400
FEET
0
EXHIBIT2
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 24, 2012 at 9:01 a.m. in the Service Center Training Room, City of Denton
8Service Center, 901-A Texas Street, Denton, Texas.
9
10Present:Chairman Dick Smith,Randy Robinson, Phil Gallivan, Barbara Russell
11and Leonard Herring
12
13Absent – Excused: Vice Chair Billy Cheek
14
15Ex Officio Members: Howard Martin, ACM Utilities
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20
213)Consider a recommendation for City Council to adopt an Ordinance finding that a public use
22and necessity exists to acquire fee simple to an approximate 2.486 acre tract located in the
23T.M. Downing Survey, Abstract Number 346, located in City of Denton, Denton County,
24Texas as more particularly described on Exhibit “A”, attached hereto and made a part hereof,
25located generally along the south side of East McKinney Street, approximately 0.3 miles east
26of Woodrow Lane (the “Property Interests”), for the public use of expanding, and improving
27the Denton Municipal Electric distribution and transmission system; authorizing the City
28Manager or his designee to make an offer to (1) Gerard Roland Vela and wife, Emma Lamar
29Vela (collectively the “Owner”); (2) successors in interest to the Owner to the Property
30Interests; or (3) any other Owners of the Property Interests, as may be applicable, to purchase
31the Property Interests for the purchase price of Two Hundred Eighty Six Thousand Four
32Hundred Eighty Nine Dollars and No Cents ($286,489), and other considerations as
33prescribed in the Contract of Sale (the “Agreement”), as attached hereto and made a part
34hereof as Exhibit “B”; authorizing the expenditure of funds therefor; and providing an
35effective date. (69kV Transmission Line Re-build Project)
36
37A motion to approve item 3 was made by Board Member Robinson with a second by Board
38Member Russell. The vote was 5-0.
39
40Adjournment 10:15am
CITY OF DENTON CITY COUNCIL MINUTES
August 21, 2012
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, August 21, 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 Burroughs, Council Member Roden
ABSENT: Mayor Pro Tem Kamp; Council Member King
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for August 21, 2012.
Council Member Watts indicated that he would not be considering Item 4L due to a conflict of
interest and requested Item T be pulled for individual consideration.
Council Member Roden questioned if the public art purchases would all be housed in a particular
location.
Emerson Vorel, Director of Parks and Recreation, stated that some of the pieces would be at the
South Branch Library per the wishes of the donor. The six watercolor donations were stipulated
that they remain together. The other ones did not have a definite location at this time.
Council Member Roden asked if there was anything in the policy regarding placement of the art.
Vorel replied no.
Council Member Engelbrecht asked about placing information with the pieces for public
information
Vorel stated that there were brass tags noting the pieces at this point.
Council Member King arrived at the meeting.
Janie McLeod, Special Events Coordinator, stated that all of the pieces were being inventoried
and that information on them would be placed on the City’s website along with artist
information.
Council Member Gregory asked about art work at the North Branch Library.
McLeod stated that there were a few pieces there and that they were still building and growing
the collection.
Council Member Watts asked about Item T and if the ordinance specifically indicated that the
funding came from gas well money.
City of Denton City Council Minutes
August 21, 2012
Page 2
Bryan Langley, Chief Finance Officer, stated he was not sure if the ordinance said that was the
funding but it was the source.
City Attorney Burgess stated the ordinance did not have that information.
Council Member Engelbrecht stated that Item B indicated that there was a public hearing
st
conducted on August 21.
Langley stated that the organization held a public hearing earlier today with no comments and no
citizens attending the meeting.
Mayor Burroughs asked about Item U regarding the health insurance funding. He questioned if
there was any other way of procuring insurance. He questioned if there was a way to predict or
address the additional insurance.
Langley stated that some of the expenses were unexpected but that there was no way to predict
the costs. Staff was discussing ways to mitigate those costs in the future.
Mayor Burroughs suggested an approach in the future to help adjust for the claim might be to
look at different options to see how those claims might have calculated out.
Mayor Burroughs stated that the 2012-13 proposed budget had a 6% increase in the City’s
contribution and questioned when the 6% was proposed and whether it happened before or after
this item.
Scott Payne, Risk Manager, stated that the long term financial forecast had this increase in it for
several years.
Langley stated that staff had a number of conversations knowing that inflation would be larger
than 6%. The difference would have to be made up either with increased employee contributions
or higher premiums.
Council Member Watts questioned if a determination had been made on whether to increase
premiums or have a different plan design.
Payne stated that it had been discussed with the Employee Insurance Committee, the City
Manager and the Assistant City Managers. There was the possibility of having changes to
deductibles and out of pocket maximum figures.
Council Member Watts suggested tracking what effect the changes might have on city
participation.
Payne stated they would watch that trend.
3. Receive a report, hold a discussion, and give staff direction to develop a legal process for
Tree Trusts as a mitigation option for the Denton Development Code, Subchapter
35.13.7, and the creation of a Tree Fund advisory committee to make recommendations
on the criteria used to purchase properties, and suggest guidelines for Tree Fund
City of Denton City Council Minutes
August 21, 2012
Page 3
expenditures for community education, as well as planting new trees to increase Denton's
tree canopy.
This item was not considered.
4. Receive a report, hold a discussion, and give staff direction regarding an ordinance to
repeal the current Chapter 13 Food and Food Service Establishments of the Denton Code
of Ordinances with a new Chapter 13 Food and Food Service Establishments ordinance.
Kurt Hansen, Building Official, presented information on the history of the public meetings
concerning the proposed changes to the ordinance. The current version was adopted in 2004.
The Texas Food Establishment Rules set the minimum standards for the City’s ordinance. There
were nearly 600 food establishments in the City. Council recommended changes to the proposed
ordinance following the initial discussion of the amendments to the current ordinance.
Recommended deletions from the initial discussion included:
Mobile food establishments – deleted the requirement for background checks for food
vendors, the minimum distance from a school, the requirement to obtain permission from
property owners, and regulation prohibiting tables, chairs, awnings, etc.
Farmer's market – deleted the requirement for ANSI approved equipment.
Food establishments – deleted the requirement to post inspection scores.
Hansen stated that Council had asked if the new regulations would close currently permitted
establishments. He indicated that no currently permitted mobile food establishment would be
closed due to the new food code regulations.
Council Member Roden asked about hot dog stands such as the one in front of Home Depot and
where it would fit in the regulations.
Hansen stated that it would be a hybrid between Type 1 and Type 2. Staff was working with
them to be in compliance.
Hansen stated that another Council concern was whether current fees covered costs. He
indicated that Building Inspections would be conducting a comprehensive fee analysis within the
next few months. This analysis would include Building Inspections and Health Inspections fees.
The analysis of the information would be presented at a later date.
Requiring a Certified Food Manager on site was another Council concern. Proposed exceptions
to that requirement included (1) selling only uncut produce or commercially packaged food, (2)
providing only beverages or prepackaged food that was not potentially hazardous, (3) bars and
lounges that did not serve potentially hazardous foods, (4) food processing plants that were
inspected by a state or federal food inspector or only stored prepackaged food that was not
potentially hazardous, (5) concession stands run by volunteers, (6) nonprofit organizations that
served food only to members, (7) vending machine or a mobile food establishment that offered
only prepackaged food, if a certified food manager was in charge at the central preparation
facility that supplied the products, or (8) temporary event food vendor.
City of Denton City Council Minutes
August 21, 2012
Page 4
Council Member Gregory stated that some nonprofit organizations such as churches invited
people who were not members to an event with food.
Hansen stated that was where the line was drawn. If an event was open to the public and the
public was being served, then that was where the line was drawn. The letter of the law would be
that a food permit would be needed if open to the public.
Council Member Gregory asked if there would be a difference if the organization was selling the
food or giving it away.
Hansen stated it would not be an issue unless there was an open invitation to the public.
Mayor Burroughs asked about such events as pancake suppers.
Hansen stated that those would be temporary events. Currently temporary permits were allowed
for city sponsored events and three extras. That was changed to six additional events.
Council Member Roden questioned the definitions in the ordinance dealing with city sponsored,
community event, and special events.
Hansen stated that if the City was involved in any way with the city’s logo on the event, it was
considered a city sponsored event.
Council Member Roden stated that there might be instances where someone was in the 30 day
waiting period for a non-city sponsored event when another such event was coming up. He felt
this might be a seasonal issue in terms of the waiting period.
Hansen stated that according to the proposal, an individual would have to wait 30 days between
temporary permits except for city sponsored events. The intent was to try and keep a temporary
event temporary and eliminate someone from setting up a little business each weekend. He felt
staff could work on the definition of a temporary event and in some instances have a temporary
permit extend from one weekend to another.
Mayor Burroughs suggested it might be attached to a specific time of the year for seasonal
events.
Council Member Gregory stated that the proposal was trying to avoid those individuals who call
themselves temporary from operating in same location every weekend. The intent was to put
more restrictions on that type of activity but still work to allow vendors to work multiple events.
Council Member Roden asked about an existing food establishment selling food outside on their
property.
Hansen stated that was not addressed at this time. The Texas Food Establishment Rules (TFER)
wanted a restaurant to be enclosed with a roof and floor but not to expand a back patio to do that
unless it could be enclosed. Staff was unsure how to craft language to get around that. He
presented a side-by-side comparison of various mobile food requirements with various area
cities.
City of Denton City Council Minutes
August 21, 2012
Page 5
Section 169.4 dealt with commercially manufactured mobile food vehicles. A definition was
added that the vehicle needed to be done by a professional showing a high degree of skill or
competence. Hansen indicated that Council had expressed a prior concern with this amendment.
Council Member King felt that the concern was with use of the term “professional”. There
might be a vendor who knew how to prepare such a vehicle who might not be a professional
installer. He suggested deleting “professional” from the definition.
Council Member Gregory thought it was one or the other as long as it was done with a high
degree of competence or skill. What was wanted was that high quality work would be done.
Hansen stated that another Council concern dealt with the proposal to require a Certificate of
Occupancy for all units that stopped and sold food in one location for more than one hour. It was
felt that if a unit was going to stop for more than one hour, an itinerary was needed to be sure the
area was zoned for a food establishment.
Council Member Gregory stated that some mobile food establishments stayed in one location for
a long time, others moved. He questioned what would be the process if a food unit wanted to
change itinerary and how much time would be needed to make the change. If the location were
tied to the certificate of occupancy, could the unit lose the certificate of occupancy if it changed
location.
Hansen stated that staff would want notice within a couple of days for a change to make sure the
new location met zoning criteria.
Council Member Gregory stated that he wanted the units to be able to notify the City where they
were located when in the City but also would like more flexibility for the notice.
Hansen stated that the notice was for two days before the change. The two day notice was for
convenience of checking the locations.
Council Member Gregory asked about email notices.
Hansen stated that the ordinance indicated written notice but that email would work.
Council Member Gregory noted that some churches or schools had festivals in a residential
neighborhood that was not zoned for food establishments and questioned if they could have a
mobile food establishment.
Hansen stated that they were not looking at private property such as schools and churches.
Council Member Engelbrecht questioned the definition of "one location" as a unit could move a
few feet and still be in compliance.
Hansen stated that staff would rework the definition.
Council Member Roden stated streets were not discussed.
City of Denton City Council Minutes
August 21, 2012
Page 6
Hansen stated that the ordinance was designed to not have businesses sit on the right-of-way.
Council Member Roden asked about setbacks.
Hansen stated that the setback was 12 feet.
Council Member Roden asked about a unit that might want to set up in a business parking lot. If
the business met the set back distance, there might not be a place where a unit could set up.
Hansen stated that businesses had parking specifications for the maximum number of spaces for
patrons and employees and the feeling was to keep those open as designated in the certificate of
occupancy. The intent was to not be in the visibility triangle but in some cases it might not harm
anything to do that.
Hansen continued with mobile food establishments in residential zones. It was felt that wording
could be drafted to allow for the units in a residential area when an event was being held.
Council Member Engelbrecht asked about ice cream trucks.
Hansen stated that those were selling non-potential hazardous foods as it was all prepackaged.
Hansen stated that Council had expressed concerns regarding food establishments serving as
commissaries. The proposed ordinance would indicate that an existing food establishment could
serve as a commissary for a mobile food establishment if (1) it was approved by the health
officer, (2) there was an approved vehicle storage facility, (3) there were approved potable water
hookups, (4) there were approved wastewater drainage facilities, (6) there were approved grease
interceptor hookups and size, and (7) any other accommodations as determined necessary by the
health officer to ensure compliance with all regulatory codes. Basically the provision was that in
some cases, a food establishment could serve as a commissary.
Council Member Gregory stated that the proposal was for the food trucks to go to a commissary
every day which would make it impossible for trucks or trailers which remained in one location
on a semi-permanent basis. He questioned if TFER required that provision.
Hansen stated no but it was required in order to have the units cleaned and resupplied.
Council Member Gregory stated that if a unit could be washed out in place so that it was clean,
could the requirement to go to a commissary every day be eliminated as long as the vehicle was
clean.
Mark Cunningham, Director of Planning and Development, stated that staff was looking at a
possible Code amendment to allow a mobile food park with water, grease traps, hookups etc. so
as to be able to stay for a long period of time.
Hansen stated that staff would work on language that a commissary would not be needed as long
as a unit could show that it had a place to dump used grease, to get potable water and supplies
from a permitted commissary. He stated that staff felt that it was prudent for Denton Health
Inspectors to continue to issue Mobile Food Establishment permits only after a thorough
City of Denton City Council Minutes
August 21, 2012
Page 7
inspection and not just accept a permit from another city. He indicated that the Health and
Building Standards Commission was recommending a six month trial run period and then a re-
evaluation of the ordinance.
Council Member Gregory asked if concession stands would have to meet the requirement of air
curtains or an automatically closing door as an alternative to an air curtain.
Hansen stated that those were not required with a concession stand.
Council discussed whether or not to have push carts in the City. They felt it might be worth
exploring some regulations such as where they could be located or if sidewalks were large
enough to handle them.
Council Member Gregory asked about the definition of a Farmer’s Market and expressed a
concern to have some type of a percentage in a market be produce vendors.
Hansen stated that nothing in this ordinance dealt with those regulations.
5. Receive a report, hold a discussion and give staff direction regarding the creation of a
Public Improvement District within the Rayzor Ranch Town Center development.
Linda Ratliff, Director of Economic Development, reviewed the definition of a Public
Improvement District (PID). She indicated that this request was different from the 2007 PID
request as a majority of the Rayzor Ranch Development was retail.
Mark Curran, Piper Jaffray, reviewed the elements of a PID, what a PID could finance, when
PID bonds could be issued, and what the payment mechanism was for the PID bonds. In this
case, the land was the source of the PID bond credit. The PID debt was secured by a Special
Assessment Lien on the PID land. All development entitlements should be in place. The land,
not the owners or the City, was the credit. The PID financing for a project benefited the city in
that it accelerated project development and the related growth in the City’s total tax base,
enhanced project viability by assuring infrastructure would be in place when needed, facilitated
private equity investment and debt financing, and was the only available infrastructure financing
mechanism to provide upfront funding at long term tax-exempt rates.
Rick Rosenberg, DPFG, presented information on how the City’s financial risk was protected.
(1) the PID bond issuance and structure were controlled by the City, (2) PID bonds were non-
recourse to the City, (3) PID bonds did not reduce the City’s bonding capacity, (4) all out of
pocket costs of the City were funded by the PID, (5) there was no reduction of City sales and ad
valorem tax revenues, and (6) assessment structure was designed to ensure market acceptable
rental rates and equivalent tax rates. He also reviewed the details of the proposed PID structure,
the project overview and the detailed improvement areas. A schedule of the proposed financing
for the initial PID bonds was also presented.
Council Member Gregory asked about qualified expenses.
Rosenberg stated they would include roads, wastewater, water, and transaction costs.
City of Denton City Council Minutes
August 21, 2012
Page 8
Council discussed the pros and cons of the PID proposal, the benefits to the City, financing
details, and how the PID was a financing tool for infrastructure. A benefit of a PID was to get
the financing up front as opposed to 380 Agreements. The money was only for public
improvements and not all done at once.
Ratliff stated that staff was seeking direction from Council on how to proceed.
Consensus of Council was to bring back a formal proposal for consideration.
6. Receive a report, hold a discussion, and give staff direction regarding the FY 2012-2013
Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.
City Manager Campbell stated that this item was on the agenda for questions only with no formal
presentation. The public hearing on the budget and tax hearing was on this agenda.
Council Member Roden asked how much was recommended for the neighborhood incentive
grant.
Bryan Langley, Chief Finance Officer, stated that an additional $50,000 was included in the
proposed budget. Currently there was $33,000 in the fund.
Council Member Roden asked about the funds that were already taken out of the program.
Langley stated that staff would get more information to Council on the cost of the program.
Council Member Roden suggested a separate line item for the grant amount.
7. Hold a discussion and give staff direction regarding the establishment of a standing
committee of the City Council of the City of Denton, Texas to be known as the
Committee on Citizen Engagement.
City Manager Campbell stated that Council Member Roden had asked for consideration of this
committee. Staff had provided a resolution and charge for the committee and would place it on a
future agenda if the consensus of Council was to proceed.
Consensus of the Council was to proceed with the committee.
Following the completion of the Work Session, the Council convened in a Closed Session to
consider the following:
1. Closed Meeting:
A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
1. Receive competitive public power information from staff in the form of a
proposed operating budget for Denton Municipal Electric (DME) for the
City of Denton City Council Minutes
August 21, 2012
Page 9
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.
This item was not considered.
B. Deliberations Regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
1. Discuss, deliberate, and receive information from Staff and provide Staff
with direction pertaining to the acquisition and value of easement lands
for public purposes situated in the Gideon Walker Survey, Abstract
Number 1330, situated in the City of Denton, Denton County, Texas; and
Consultation with the City's attorneys regarding legal issues associated
with the acquisition or condemnation of the real property interests
referenced above where a public discussion of these legal matters would
conflict with the duty of the City's attorneys to the City of Denton and the
City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas, or would jeopardize the City's legal position in
any administrative proceeding or potential litigation.
C. Deliberation Regarding Personnel Matters - Under Texas Government Code
Section 551.074.
1. Review and discuss the evaluation, duties and status of goals established
for the City Manager.
The Council convened in a Regular Meeting on August 21, 2012 at 6:30 p.m. in the City Council
Chambers.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. Fall Prevention Awareness Month
Mayor Burroughs presented the proclamation for Fall Prevention Awareness Month.
2. United Way of Denton County Month
City of Denton City Council Minutes
August 21, 2012
Page 10
Mayor Burroughs presented the proclamation for United Way of Denton County Month.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Jerry Vela regarding the naming of a new soccer field complex.
Mr. Vela requested that Council consider naming the new soccer field complex after his father,
Dr. G. Roland Vela. He spoke regarding the sense of family and community that was evident in
his family life.
2. Rudy Rodriguez regarding the naming of a new soccer field complex.
Dr. Rodriguez stated that he would like to see the Council approve the naming of the new soccer
field complex after G. Roland Vela. He introduced those in attendance who were in favor of the
naming.
Mayor Burroughs requested that the three citizen reports at the end of the meeting be moved to
the front of the agenda. Council was in agreement with that change.
1. Dorothy Damico regarding the naming of a new soccer field complex.
Ms. Damico requested that Council consider the naming of the new soccer field complex after
Dr. Vela. She presented information on Dr. Vela in the context of a friend who had served the
Denton community.
2. Don Smith regarding the naming of a new soccer field complex.
Dr. Smith requested that Council consider naming the new soccer field complex after Dr. Roland
Vela. He presented information on Dr. Vela's citizenship qualities and how he was an asset to
the Denton community.
3. Popo Gonzalez regarding the naming of a new soccer field complex.
Mr. Gonzalez stated that he would also like to request Council name the new soccer field
complex after Dr. Vela. He presented information regarding Dr. Vela in terms of his community
involvement.
4. CONSENT AGENDA
Mayor Burroughs noted that Items L and T would be withdrawn and considered individually.
City of Denton City Council Minutes
August 21, 2012
Page 11
Council Member Gregory motioned, Council Member Roden seconded to approve the Consent
Agenda ordinances and resolutions with the exception of Items L and T. On roll call vote:
Council Member King, Council Member Watts, Council Member Gregory, Council Member
Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Approved a noise exception for the event listed below.
A. Consider a request for an exception to the Noise Ordinance for the purpose of the
35 Denton Presents: Hot Wet Mess music festival. The event will be held in the
North Texas State Fairgrounds on Saturday, September 1, 2012, from noon to
10:00 p.m. The exception is specifically requested to increase decibels for
amplified sound from 70 to 75 decibels.
Resolution No. R2012-024
B. Consider approval of a resolution approving the issuance of Revenue Bonds by
the Housing Finance Development Corporation (HFDC) of Central Texas, Inc.
(Lutheran Social Services Of The South Obligated Group Project), Series 2012 in
an estimated aggregate principal amount not to exceed $24,000,000; recognizing
that the City Of Denton is not responsible for issuing the bonds and has no
financial obligation to pay any principal or interest on the bonds; making certain
findings in connection therewith; and providing an effective date.
Ordinance No. 2012-174
C. Consider adoption of an ordinance accepting competitive bids and awarding a
four year contract for the purchase of Fiber Optic Cable for various City
departments; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4937-Four Year Contract for Supply of Fiber Optic Cable
awarded to the overall lowest responsible bidder meeting specification Stuart C.
Irby Company for an annual estimated expenditure of $57,500 and a four year
estimated total of $230,000).
Approved the request listed below.
D. Consider approval of the Parks, Recreation and Beautification Board's
recommendation to purchase a cast stone sculpture, Ecce Homo, by Octavio
Medellin from the Russell Tether Fine Art Galley as public art for the City of
Denton. The sculpture will cost $5,000 and is pursuant to the City of Denton
Public Art policy approved by Ordinance 2006-105, and funded with Hotel Tax
revenues previously authorized and encumbered for expenditure to such purposes;
and declaring an effective date. The Parks, Recreation and Beautification Board
recommends approval (5-0).
Approved the request listed below.
E. Consider approval of the Parks, Recreation and Beautification Board's
recommendation to purchase a drawing by Coreen Mary Spellman from the
Beuhler Fine Art Galley as public art for the City of Denton. The drawing, which
will cost $900, is pursuant to the City of Denton Public Art policy approved by
Ordinance 2006-105, and funded with Hotel Tax revenues previously authorized
and encumbered for expenditure to such purposes; and declaring an effective date.
The Parks, Recreation and Beautification Board recommends approval (5-0).
City of Denton City Council Minutes
August 21, 2012
Page 12
Approved the request listed below.
F. Consider approval of the Parks, Recreation and Beautification Board's
recommendation to purchase a lithograph, The Slide, by Coreen Mary Spellman
from the David Dike Fine Arts Galley as public art for the City of Denton. The
lithograph, which will cost $750, is pursuant to the City of Denton Public Art
policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues
previously authorized and encumbered for expenditure to such purposes; and
declaring an effective date. The Parks, Recreation and Beautification Board
recommends approval (5-0).
Approved the request listed below.
G. Consider approving the acceptance of copies of art by Martha Robbins donated
by Amanda Addington as public art; pursuant to the City of Denton's Donation of
Public Art policy. The Parks, Recreation and Beautification Board recommends
approval (5-0).
Approved the request listed below.
H. Consider approving the acceptance of six watercolor paintings by the late Rob
Erdle, donated by Millie Giles, as public art; pursuant to the City of Denton
Criteria to Accept Public Art policy. The Parks, Recreation and Beautification
Board recommends approval (5-0).
Approved the minutes as listed.
I.Consider approval of the minutes of:
July 16, 2012
July 17, 2012
August 2, 2012
Ordinance No. 2012-175
J.Consider adoption of an ordinance of the City of Denton, Texas, approving an
Interlocal Agreement by and between the City of Denton, Texas, and the City of
Highland Village, Texas, for the City of Denton Municipal Court to provide a
teen court program for the City of Highland Village; providing a ratification
clause; and providing an effective date. The Audit/Finance Committee
recommends approval (2-0).
Ordinance No. 2012-176
K.Consider adoption of an ordinance of the City of Denton, Texas, revising the fats,
oils and grease control provisions contained in Chapter 26 of the Denton Code of
Ordinances, relating to "utilities," and hereby repealing Sections 26-190 and 26-
191 of the Denton Code of Ordinances; and hereby adopting Article XII - Liquid
Waste, Divisions 1, 2, 3 and 4; providing for the purpose and policy of the
ordinance; providing for the incorporation by reference of the provisions and
recitations contained in the preamble of the ordinance into the ordinance;
providing for the applicability and prohibitions of the ordinance; providing for
definitions promulgated in Section 26-153 of this chapter; providing for other
definitions; providing for installations of grease traps for new facilities and
City of Denton City Council Minutes
August 21, 2012
Page 13
existing facilities; providing for responsibilities of persons subject to the
ordinance; providing for the requirement of a permit; providing for manifest
requirements for persons who generate, collect, and transport grease interceptor
and grit trap/oil waste; providing for responsibilities for each grease interceptor or
grit-trap/oil separator that is pumped; providing for abatement of violations;
providing that the City Manager or his designee may seek any and all
enforcement remedies necessary to ensure continued compliance; providing a
savings clause; providing a misdemeanor punishment of not-to-exceed $2,000 per
day for violations of this ordinance for any provision of the ordinance that
governs the public health and sanitation, or fails to comply therewith or with any
requirements thereof, or a permit or certificate issued thereunder; providing a
civil penalty not-to-exceed $5,000 per day for violations of this ordinance that
relates to point source effluent limitations, or the discharge of pollutant, other
than a non-point source, into a sewer system, including a sanitary or storm water
sewer system owned by the city; providing that any person or entity violating this
ordinance shall be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is committed, or
continued; together with other designated legal and equitable remedies that are
available to the city; providing for publication thereof; and providing for an
effective date.
Ordinance No. 2012-177
M.Consider adoption of an ordinance authorizing the execution of a Purchase
Agreement (herein so called), as attached to the ordinance as Exhibit "A", by and
between the Marvin Henderson Estate trust, as Owner, and the City of Denton,
Texas, as Buyer, regarding the sale and purchase of (I) fee simple to a 34.92 acre
tract situated in the James Edmonson Survey, Abstract No. 400 and the S.
Pritchett Survey, Abstract No. 1004; and (II) a drainage easement encumbering a
0.42 acre tract situated in the James Edmonson Survey, Abstract No. 400, all
tracts located in the City of Denton, Denton County, Texas, as more particularly
described in the Purchase Agreement, located generally in the 3400 block of
South Bonnie Brae Street (the ?Property Interests"), for the public use of
expanding and improving Bonnie Brae Street, a municipal street and roadway for
the purchase price of Three Hundred Fourteen Thousand, Eight Hundred Sixty
Nine Dollars and No Cents ($314,869.00), and other consideration, as prescribed
in the Purchase Agreement; authorizing the expenditure of funds therefor; and
providing an effective date.
Ordinance No. 2012-178
Consider adoption of an ordinance finding that a public use and necessity exists to
N.
acquire fee simple to a 1.364 acre tract situated in the M.E.P. & P.R.R. Company
Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas,
as more particularly described on Exhibit "A", attached to the ordinance, located
generally in the 1000 block of South Mayhill Road (the "Property Interests"), for
the public use of expanding and improving Mayhill Road, a municipal street and
roadway; authorizing the City Manager or his designee to make an offer to J.G.
Duncan and wife, Frances Duncan to purchase the Property Interests for the
purchase price of Eighty Three Thousand Six Hundred Eighty Dollars and No
Cents ($83,680.00), and other consideration, as prescribed in the Purchase
City of Denton City Council Minutes
August 21, 2012
Page 14
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. 2012-179
O.Consider adoption of an ordinance authorizing the execution of a Purchase
Agreement (herein so called) attached to the ordinance as Exhibit "A", by and
between Youvonne Matzinger and the Estate of Philip Hardy Matzinger,
deceased, as owner, and the City of Denton, Texas, as Buyer, regarding the sale
and purchase of fee simple to a 0.019 acre tract situated in the M.E.P. & P.R.R.
Company Survey, Abstract No. 927, located in the City of Denton, Texas, located
generally in the 1000 block of South Mayhill Road (the "Property Interests"), for
the public use of expanding and improving Mayhill Road, a municipal street and
roadway, for the purchase price of Three Thousand Six Hundred Dollars and No
Cents ($3,600.00), and other consideration, as prescribed in the Purchase
Agreement; authorizing the expenditure of funds therefor; and providing an
effective date.
Ordinance No. 2012-180
P.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.398 acre tract located in the M.E.P. & P.R.R. Co.
Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to the ordinance, located generally
in the 1100 block of South Mayhill Road (the "Property Interests"), for the public
use of expanding and improving Mayhill Road, a municipal street and roadway;
authorizing the City Manager or his designee to make an offer to Leroy Barber
and Lucy I. Barber, Trustees of the Leroy Barber and Lucy I. Barber Family
Trust, dated May 18, 1994 (the "Owner") to purchase the Property Interests for
the purchase price of Fifty Five Thousand Dollars and No Cents ($55,000.00),
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.
Ordinance No. 2012-181
Q.Consider adoption of an Ordinance finding that a public use and necessity exists
to acquire fee simple to a 1.968 acre tract in the M.E.P. & P.R.R. Co. Survey,
Abstract Number 927, City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to the ordinance, located generally
in the 1200 block of South Mayhill Road (the "Property Interests"), for the public
use of expanding and improving Mayhill Road, a municipal street and roadway;
authorizing the City Manager or his designee to make an offer to Haeussler
Properties, LP (the "Owner") to purchase the property interests for the purchase
price of Two Hundred Eleven Thousand Five Hundred Dollars and No Cents
($211,500.00), as prescribed in the Contract of Sale (the "Agreement"), as
attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the
expenditure of funds therefor; authorizing relocation expenditures; and providing
an effective date.
City of Denton City Council Minutes
August 21, 2012
Page 15
Ordinance No. 2012-182
R.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) a sanitary sewer easement encumbering a 0.438 acre tract, and (II) a
temporary construction, grading and access easement, encumbering a 0.134 acre
tract, all tracts located in the Gideon Walker Survey, Abstract Number 1330, City
of Denton, Denton County, Texas as more particularly described on Exhibit "A",
attached to the ordinance, located generally in the 3900 block of South Interstate
Highway 35 East (the "Property Interests"), for the public use of expanding and
improving the municipal sanitary sewer system; authorizing the City Manager or
his designee to make an offer to Mahogany Run Investments, L.P., a Texas
limited partnership (the "Owner") to purchase the property interests for the
Purchase Price of Two Hundred Ninety One Thousand Three Hundred Forty Four
Dollars and No Cents ($291,344.00), and other consideration, as prescribed in the
Easement Purchase Agreement (the "Agreement"), as attached to the ordinance
and made a part thereof as Exhibit "B"; authorizing the expenditure of funds
therefor; and providing an effective date.
Ordinance 2012-183
S.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
execution of a first amendment of right-of-way use and license agreement, by and
between the City of Denton ("City") and Wells Fargo Bank Texas, N.A. ("Wells
Fargo"), amending that certain right-of-way use and license agreement, between
the City and Wells Fargo, dated April 4, 2006, granting Wells Fargo rights to
utilize certain City rights-of-way located generally at the southwest corner of the
intersection of East Walnut Street and South Austin Street, as more particularly
described therein; and providing an effective date.
Ordinance No. 2012-184
U.Consider adoption of an ordinance of the City of Denton, Texas, amending the
Fiscal Year 2011-12 Budget and Annual Program of Services of the City of
Denton to allow for an adjustment to the Health Insurance Fund of one million
four hundred twenty eight thousand, two hundred fifty one dollars ($1,428,251)
from the original budget amount of eighteen million, five hundred twenty four
thousand, eight hundred sixty two dollars ($18,524,862) to nineteen million, nine
hundred fifty three thousand, one hundred thirteen dollars ($19,953,113) to
provide for additional expenditure authority related to health care claims and fees;
declaring a municipal purpose, providing a severability clause; providing an open
meetings clause; and providing an effective date. The Audit Finance Committee
recommends approval (2-0).
Ordinance No. 2012-185
V.Consider adoption of an ordinance of the City of Denton, Texas, amending the
Fiscal Year 2011-12 Budget and Annual Program of Services of the City of
Denton to allow for an adjustment to the Traffic Safety Fund of four hundred
sixty thousand, eight hundred eighty four dollars ($460,884) from the original
budget amount of three hundred seventy seven thousand dollars ($377,000) to
eight hundred thirty seven thousand, eight hundred eighty four dollars ($837,884)
City of Denton City Council Minutes
August 21, 2012
Page 16
to provide for additional expenditure authority related to red light camera contract
costs; declaring a municipal purpose, providing a severability clause; providing
an open meetings clause; and providing an effective date. The Audit Finance
Committee recommends approval (2-0).
Council considered Item L.
Council Member Watts left the meeting with a conflict of interest.
Ordinance No. 2012-186
L. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire (I) fee simple to a .07 acre tract; (II) a utility and slope easement
encumbering a 0.07 acre tract; (III) a utility and drainage easement encumbering
a .01 acre tract; (IV) a drainage easement encumbering a .03 acre tract; (V) a
slope easement encumbering a 213 square foot tract; and (VI) a temporary
construction, grading and access easement encumbering a 0.08 acre tract, all
tracts located in the City of Denton, Denton County, Texas, and situated in the
O.S. Brewster Survey, Abstract Number 56, City of Denton, Denton County,
Texas, as more particularly described on Exhibit "A", attached to the ordinance,
located generally in the 2200 block of South Bonnie Brae Street (the "Property
Interests"), for the public use of expanding and improving Bonnie Brae Street, a
municipal street and roadway; authorizing the City manager or his designee to
make an offer the Christopher M. Watts (the "Owner") to purchase the Property
Interests for the purchase price of Nine Thousand Three Hundred Twenty Two
Dollars and No Cents ($9,322.00), and other consideration, as prescribed in the
Purchase Agreement, as attached to the Ordinance as Exhibit "B"; authorizing
the expenditure of funds therefore; and providing an effective date.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance.
On roll call vote: Council Member King, Council Member Gregory, Council Member
Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Council Member Watts returned to the meeting.
Council considered Item T.
Ordinance No. 2012-187
T. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
execution of a Contract for Sale of Real Estate ("Contract"), by and between the
City of Denton, Texas ("City") and Denton County, Texas ("County")
contemplating the purchase by the City from the County of a 2.0 acre tract, more
or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton County,
Texas, and located generally at the southeast corner of the intersection of East
McKinney Street and Oakland Street, as more particularly described therein, for
the purchase price of Seven Hundred Seventy Nine Thousand Eight Hundred
Ninety Five and No/100 Dollars (779,895.00); and providing an effective date.
City of Denton City Council Minutes
August 21, 2012
Page 17
Council Watts questioned page 4 of the contract, the final paragraph, as it discussed indemnities
and situations after closing. He questioned if the County would be leasing the property from the
City after closing.
Richard Casner, Deputy City Attorney, stated that at this point in time, the County indicated that
they would be able to move everything out on time with no lease back.
Council Member Watts questioned the funding mechanism and if the funding was from the non-
Airport and non-park gas funds.
City Manager Campbell stated that was correct.
Council Member Watts stated that he did not have a problem with the purchase but because the
property was identified as catalyst for the downtown area, it was eligible for TIF reimbursement
at the same time. If the City partnered with someone and exchanged the property for
development, a mechanism was still there to get some value back to the General Fund. He
questioned if the Council would be willing to add a condition that the TIF refund would
reimburse at least the purchase price back to the General Fund.
City Manager Campbell stated that right now it was not known about the use of the property.
Council Member Watts stated if the property was used for a governmental purpose, then he could
see no refund. At this time there appeared to be no need for a municipal purpose for the property
and it seemed to be a catalyst for development in the downtown.
City Manager Campbell stated he was not sure that type of language could be in the ordinance at
this point because it was not known what would be the use of the property and what were the
limitations for TIF money for a reimbursement.
Council Member Watts stated that in the financing documents the property was a TIF proposal
and the location was an identified location for a catalyst project. The proposed funding was from
the General Fund as opposed to TIF funds. He assumed the City could get at least the purchase
price returned to the General Fund.
City Manager Campbell stated that Council could express a desire to do so at the time something
was done with the property.
Council Member Engelbrecht asked if the funds would go back into the account they came from.
Council Member Watts agreed with that and questioned how many years down the road might
that fund no longer be in existence. The main thrust was to get the money refunded to the City.
Council Member Engelbrecht stated that he would agree in terms of bringing it back and restrict
the use in the future.
Council Member Gregory questioned if either an amendment or separate ordinance would work
to remind future Councils of what this Council would hope would happen if the building was not
used for governmental purposes. He questioned if an ordinance passed by this Council would
City of Denton City Council Minutes
August 21, 2012
Page 18
bind a future Council or could a future Council pass an ordinance to negate what the current
Council approved.
City Attorney Burgess stated that a future Council could amend an earlier dated ordinance.
There were a couple of ways to approach what the Council was trying to do. One was to pass the
ordinance as written due to time constraints and then return with a resolution indicating the intent
of the Council in terms of reimbursement. If Council wanted such language in the proposed
ordinance, staff could craft the language, but it might be best to table the item for a short time to
allow staff to prepare that language. Council would then return to the item once the language
was completed.
Council Member Gregory felt it was important to have something to memorialize the Council's
intentions. He was not sure that it could be done at this meeting. He felt some of the language
would indicate that if the building were for governmental usage, there would be no
reimbursement. He also felt that if additional environmental work had to be done, the city
should be reimbursed.
City Attorney Burgess noted that it was usually helpful to have time to craft the language so long
as the deadlines for the real estate transaction were met.
Council Member King indicated that he was not sure if the funds should come from the TIF but
was in agreement with the reimbursement.
Council Member Watts stated that he had asked the TIF Board to consider this item several
months ago. This property was specifically listed as a catalyst project. The TIF Board could
decide when and how to do the reimbursement.
Council Member King did not see it as a requirement that the TIF Board consider the item first
as there was not much funding at this point in the TIF account.
Council Member Roden asked if there was a particular fund or group of funds the money would
be going into other than the General Fund.
Council Member Watts stated no but it was just that the Council enacted an ordinance that
created the TIF with financial documents that accompanied that. One of those documents was
the location of this property as a specific project. The City was spending money that it might not
get back into whatever fund it came out of to allow expenditures for a community usage. He did
not want it to go back into the TIF fund. He was hesitant to vote on the contract without that
assurance. A resolution in the future might not pass.
Council Member Gregory stated that earlier conversations also expressed concern about using
the gas well money again in another situation. If the property sold and the money went back in
that fund, it would be available to use for another project. He was interested in being able to
repay that fund if the property were sold in the future.
Mayor Burroughs stated that he agreed with concept of returning the funding. He felt the best
way to approach it was in the form of a resolution as there were many facets involved. If the
property were resold into private development the City would also get reimbursed which was a
City of Denton City Council Minutes
August 21, 2012
Page 19
different possibility which could be done in a resolution. A question was raised whether to
define where the funds were coming from as it was not listed in the ordinance.
City Attorney Burgess stated that would not have to be done. The language states that the City
Manager would determine where the funds would come from.
Council Member Engelbrecht questioned discussing the resolution at this point in time as it was
not posted on the agenda.
Mayor Burroughs stated that the resolution could be done at a subsequent meeting regarding
utilization of the property but not at this meeting.
Council Member Watts motioned, Council Member Roden seconded to adopt the ordinance as
presented. On roll call vote: Council Member King, Council Member Watts, Council Member
Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”.
Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton, Texas, providing for a
zoning change from a Neighborhood Residential 3 (NR-3) zoning district to a
Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district
classification and use designation subject to a restrictive overlay on
approximately 3.3 acres. The property is located east of Bell Avenue,
approximately 500 feet north of the northeast intersection of Sherman Drive and
Bell Avenue and is approximately 185 feet south of Sunrise Cove within the
City of Denton, Denton County, Texas: providing penalty in the maximum
amount of $2,000.00 for violations thereof severability and an effective date.
(Z11-0026) The Planning and Zoning Commission recommends approval (7-0).
This item was postponed from the July 17, 2012 City Council meeting.
Erica Marohnic, Senior Planner, presented the details of the proposal. This was a proposed
rezoning of 2400 North Bell with the intent to rehabilitate the existing structure and allow for
Assisted Living. She would be reviewing the recommendations as directed by Council at the
July meeting. The Council directed Legal and the Planning staff to draft language that would
allow the proposed Elderly Housing use to continue on the subject property and ensured that the
preservation of the façade. However, no tools could be found to maintain the old usage. An
overlay district was crafted with six conditions.
(1) The exterior facade of the former Fairhaven Nursing Home would not be altered, except
for maintenance, without City Council approval.
(2) The height of the structure would not be altered, except for maintenance, without City
Council approval.
(3) With the initial rehabilitation of the structure, the property owner responsible would
submit a plan and building elevations for any proposed alternations or maintenance to the
City of Denton City Council Minutes
August 21, 2012
Page 20
exterior façade and height of structure. The site plan and building elevations would be reviewed
by staff in accordance with Section 35.3.7 of the Denton Development Code. After the structure
was restored, rehabilitated or improved, any future maintenance would not require a site plan and
building elevations. The property owner would need to advise staff on the maintenance activity
proposed so staff could verify that the activity was not an alteration.
(4) Staff had the authority to approve a site plan and building elevations that propose only
maintenance to the exterior façade or to the height of the structure. Any proposed alteration to
the exterior facade or height of the structure would be approved the City Council at a public
meeting. Staff would review and make recommendations to the City Council.
(5) Maintenance was defined as the repair, replacement or stabilization of deteriorated or
damaged architectural features. It also included alternations necessary to meet applicability
accessibility standards or to otherwise facilitate use by the elderly, or other persons with
impaired mobility. All maintenance, to the extent practicable with modern materials, methods,
components would endeavor to preserve the appearance of the original façade.
(6) Alteration was any construction, renovation or improvement that changed the appearance
of the structure’s functional exterior components.
Council Member Roden asked if the six conditions were the substance presented at the last
meeting with no real difference.
Marohnic stated that the conditions were much more defined. The Historical Preservation
Officer would review any changes as to whether maintenance or an alteration was being done.
Council Member Roden questioned if an alteration was proposed to change the appearance of the
facade what mechanism would bring it to Council.
Marohnic stated that it would come directly to Council for approval.
Aaron Leal, Deputy City Attorney, stated that if an alteration was proposed, staff would request a
site plan and building elevation which they would review and forward to Council for
consideration.
Council Member Roden stated that Council would consider an amendment to the site plan.
Leal replied correct.
Council Member Watts questioned who signed the application for the zoning request.
Marohnic stated that Larry Reichhart had provided an owner authorization letter to act on behalf
of the owner.
Mayor asked how the proposed overlay was different structurally as far as enforcement than if
there had been a tool to reinstate the exception. That was the reason he wanted to delay the
proposal from the prior meeting. He recognized that the City didn't have that tool but if it did
what would be the difference to do the exception.
City of Denton City Council Minutes
August 21, 2012
Page 21
Leal stated that this affected the site design and would differ from the proposed tool.
Mayor Burroughs noted that the overlay was more restrictive than the special exception. The
overlay proposed would accomplish preservation of facade, with restrictions that were not
imposed when the exception was in place. He questioned if the owner flipped the property a day
after approved, could someone else ignore the overlay and build multi-family or a larger
structure.
Leal stated that in order to not follow the overlay, someone would have to come to Council for a
zoning amendment or change to a different zoning category. Zoning goes with the land and not
with the property owners.
Mayor Burroughs stated that it would be the same process as Council was doing now in that it
would have to go to the Planning and Zoning Commission and Council. He felt people were
afraid that the overlay was less restrictive than keeping the current zoning.
Council Member Gregory questioned if these restrictions prohibited the owner from razing the
building.
Leal stated that they did not prevent that.
Mayor Burroughs stated that the property owner could build NR3 right now and could bulldoze
the property if the change in zoning were denied.
Council Member Roden stated that the Development Code as it related to a historic landmark
property prevented obtaining a permit to demolish until it went through a specific process. That
could be an added provision to the other six provisions.
Leal thought that might be best for a Closed Session discussion.
City Attorney Burgess stated that the issue was sensitive and Council might consider a Closed
Session for discussion or she could present information in her staff report.
Council Member Watts stated that the exterior facade as shown in Exhibit B could not be altered
without City Council approval. He questioned how a demolition was not an alteration and how
could it be torn down and rebuilt with something not representative of Exhibit B.
Mayor Burroughs noted in his experience a tear down was a different definition.
Council Member Gregory stated that the agenda wording contained a provision that Council
could go into a Closed Meeting for any issue allowed and indicated that he would like to go into
Closed Session.
City Attorney Burgess stated that the agenda could be used to go into Closed Session if
necessary to provide guidance to the Council.
City of Denton City Council Minutes
August 21, 2012
Page 22
Mayor Burroughs suggested tabling the item, completing the rest of the agenda, going into
Closed Session, and then coming back into session.
Council Member Gregory motioned, Council Member Watts seconded to table the item until the
last item on the agenda, have a Closed Session and then return to consider the item. On roll call
vote: Council Member King, Council Member Watts, Council Member Gregory, Council
Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried
unanimously.
B. Consider nominations/appointments to the City's Boards & Commissions.
Council considered nominations/appointments to the following boards:
1. Airport Advisory Board
2. Animal Shelter Advisory Committee
3. Community Development Advisory Committee
4. Health & Building Standards Commission
5. Library Board
6. Parks, Recreation and Beautification Board
7. Planning and Zoning Commission
8. Public Art Committee
9. Traffic Safety Commission
10. Zoning Board of Adjustment
Council Member Roden motioned, Council Member Watts seconded to approve the nominations.
On roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion
carried unanimously.
6. PUBLIC HEARINGS
Ordinance No. 2012-159
A. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas designating the property located at 903 W. Oak Street as a
historic landmark under Section 35.7.6 of the Denton Development Code;
providing for a penalty in the maximum amount of $2,000.00 for violations
thereof, severability and an effective date. (HL12-0002) The Planning and
Zoning Commission recommends approval (6-0).
Bran Lockley, Development Review Committee Administrator, stated that this was an
application for a historic designation for 903 W. Oak. The property was located in the center of
the Oak-Hickory Historic District. The Denton Development Code listed criteria for approval
which the property had met. The Planning and Zoning Commission and the Historic Landmark
Commission recommended approval.
The Mayor opened the public hearing.
City of Denton City Council Minutes
August 21, 2012
Page 23
Mike Cochran, 610 W. Oak, spoke in approval.
The Mayor closed the public hearing.
Council Member Watts motioned, Council Member Gregory seconded to adopt the ordinance.
On roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion
carried unanimously.
C. Hold a public hearing and receive citizen input on the 2012-13 Proposed Budget.
Brian Langley presented information on both items B and C. He stated that the proposed budget
presented to Council maintained the current tax rate, had no base rate for electric, an 8% increase
for water, a 9% increase for wastewater and other miscellaneous rate increases. Final adoption
of the budget was scheduled for September 11th. A second public hearing would be held next
week on August 28th.
The Mayor opened public hearing on both items.
The following individuals spoke during the public hearing:
Sharon Ersch, PO Box 668, Krum, 76249 – against the proposed budget.
Trevor Bundy, 3825 Willowick Circle, Denton, 76201 - against the proposed budget.
Larry Reichhart, 1608 E. Windsor, Denton - concerned about increases in water and
wastewater rates.
Pricilla Samano, 206 E. McKinney, Denton - hard to pay increased fees.
The Mayor closed the public hearings for B and C.
Comment Cards were submitted by:
Barbara Halbert, 2301 Hollyhill Lane, Denton, 76205 – opposed
Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207 - opposed
Mayor Burroughs read a statement required by the Tax Code indicating “this budget will raise
more total property taxes than last year’s budget by $2,099,160 or 4.75%, and of that amount
$918,440 is tax revenue to be raised from new property added to the tax roll this year.”
No action was required by Council at this time.
C. Hold a public hearing on a proposal to adopt a tax rate of $0.68975 per $100 valuation,
which will exceed the lower of the rollback rate or the effective rate.
This item was considered with Item B.
City of Denton City Council Minutes
August 21, 2012
Page 24
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.
Council Member Gregory requested that when staff was ready to purchase the property for the
new soccer complex, they submit a resolution to name the complex after G. Roland Vela.
Council Member Gregory requested a report from staff regarding a request for a historic
landmark designation for City Hall West and what that would involve and the implications for
the building.
Council Member Roden asked for a discussion on parking regulations in the downtown area.
There appeared to be a new environment created with increased activity in that area.
Council Member Watts requested a resolution regarding the purchase of the County property.
Mayor Burroughs announced that the North Texas State Fair was open and encouraged all to
attend.
Council Member Gregory commented that the Council would be hosting a reception for
th
new/board commission members and a swearing in ceremony on September 5. That would be
followed by a board and commission training session.
Council returned to Closed Session at 9:04 p.m. to discuss the following as applicable under
Consultation with Attorney, under Texas Government Code Section 551.071.
A. Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning
change from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood
Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation
subject to a restrictive overlay on approximately 3.3 acres. The property is located east
of Bell Avenue, approximately 500 feet north of the northeast intersection of Sherman
Drive and Bell Avenue and is approximately 185 feet south of Sunrise Cove within the
City of Denton, Denton County, Texas: providing penalty in the maximum amount of
City of Denton City Council Minutes
August 21, 2012
Page 25
$2,000.00 for violations thereof severability and an effective date. (Z11-0026) The
Planning and Zoning Commission recommends approval (7-0). This item was postponed
from the July 17, 2012 City Council meeting.
Council returned to Open Session at 9:27 p.m.
Council Member Engelbrecht motioned, Council Member Gregory seconded to remove Item 5A
from the table. On roll call vote: Council Member King, Council Member Watts, Council
Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden –
“aye”. Motion carried unanimously.
Deb Conte, 2106 N. Bell, Denton, 76209, spoke against the proposal. She suggested any
alterations to the building should go to the Historic Landmark Commission and not to Council.
Council Member Roden asked Conte if there would be an added sense of protection to add a
condition that would restrict the ability to demolish the property without going through City
Council.
Conte stated yes and the alternations, etc would be more appropriate at the Historic Landmark
Commission instead of the Planning Department.
Larry Reichhart, representing the property owner, stated that they would be opposed to a Historic
Landmark Committee review due to a timing issue. The building was not historic and staff could
review a sample of what the property owner wanted to do. If the proposal would change the
appearance of the structure, it would go to Council after a review by staff. If the proposal was
similar to what was there and would not change the appearance, then the property owner could
just do it. He was in favor of staff approval or going to Council. He felt the overlay and
conditions in the overlay protected the neighborhood whether this developer or another
developer worked with the building. He was willing to put demolition in the definition of
alternation. The main issue of contention was a trust factor in the applicant. Any developer
would have to adhere to the overlay conditions.
Council Member Gregory asked Reichhart that as a representative of the applicant was he
comfortable with the language to include demolition in alterations.
Reichhart replied correct.
Mayor Burroughs questioned what different could be done with the property if there were a new
owner who did not like overlay. He questioned what could they could do if pushed to the
extreme with the property other than leaving the current facade preserved or come back to
Council with anything else.
Marohnic stated that some of the other permitted uses in the overlay included agriculture, single
family, home occupation, live stock, elderly housing.
Mayor Burroughs stated that the property owner would have to come to Council to demolish the
property.
City of Denton City Council Minutes
August 21, 2012
Page 26
Marohnic stated that staff had left all of the permitted uses by right.
Council Member Engelbrecht stated the property could be used as a church by right.
Marohnic replied correct.
Council Member Gregory asked if the request was denied, what would be the zoning on the
property.
Marohnic stated it would be NR-3.
Council Member Gregory asked if with that zoning could the owner request a demolition permit
and would that go to the Historic Landmark Commission or Council.
Marohnic stated that yes they could request a demolition permit and would not have to go the
Historic Landmark Commission or Council.
Council Member Gregory stated that any kind of construction allowed under NR-3 except for
elderly housing could be done.
Marohnic replied correct.
Council Member Gregory stated that the proposed zoning change with the restrictions discussed
including placing demolition in the definition of alternation would provide more protection on
the property than currently was there.
Marohnic replied there were more restrictions on the property.
Council Member Watts questioned if the neighborhood was more comfortable with NR-3 and the
ability to have the structure torn down or with NRMU-12 with restrictions. If the zoning change
was denied and the property remained NR-3, the building could be torn down with only a
demolition permit. He felt that was less acceptable than the zoning with the restrictions in place.
Conte stated that there were two issues - one was with the building and one was the usage by the
zoning change. She felt the owners would be less likely to flip the property with the underlying
zoning of NR-3 than NRMU-12.
Council Member Watts stated that with NR-3 zoning the likelihood that the building would be
torn down was remote due to financial statements.
Conte replied yes because the property could not be flipped with the NR-3 zoning.
Mayor Burroughs stated that if the property could not be flipped because of the NR-3 zoning, the
property would not be used and would remain a vacant building with no possible use unless to go
through this same procedure again. There was no other way to keep the building as elderly
housing except for exactly what was being doing at this meeting. The options were to either
shutter the building that could not be used or bulldozed the property unless the proposal with the
overlay restrictions was approved.
City of Denton City Council Minutes
August 21, 2012
Page 27
Conte stated that the neighborhood did not want a blighted building. She felt that the restrictions
gave as much protection as possible to the neighborhood.
Council Member Gregory motioned to adopt the ordinance as presented with an amendment to
Item #6 that alteration would include demolition of the structure. Any alteration including
demolition would have to come before Council. He felt that provided the neighborhood more
protection than the current zoning.
Council Member Roden felt that having preservation of the building was a win-win and changes
to the use of building would have to come to Council.
Council Member Watts stated that he heard two primary interests from the neighborhood. One
was not to have a blighted area and the other was not to tear down the structure. Trust needed to
be with Council that they had worked hard to craft something for the neighborhood and there
was a need for a level of trust in elected officials and all parties involved. The restrictions in
place were very stringent and any developer would have to come to Council to make any
changes
Council Member Engelbrecht stated that one concern was to save this building which currently
only had one use. He felt it should have several uses in order to save it for the future. The trend
today was mixed use in neighborhoods and not single use.
Council Member King felt Council did the best they could do under the circumstances. He felt
that doing business in Denton might result in businesses remaining empty because of so many
restrictions on the property.
Mayor Burroughs noted that one problem with a special exception was that it would not protect
the facade or prevent it from being demolished. It would not have protected it at all. If the City
had a planned development tool, it might be a spot zoning issue which could not be done.
Placing restrictions that forced it to come into public view was the only logical procedure.
Council Member Gregory motioned, Council Member Engelbrecht seconded to adopt the
ordinance with the addition of demolition to the definition of alteration. On roll call vote:
Council Member King, Council Member Watts, Council Member Gregory, Council Member
Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no further continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 10:10 p.m.
_____________________________ __________________________
MARK A. BURROUGHS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
August 27, 2012
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Meeting on Monday, August 27, 2012 at 7:30 a.m. in the Council
Work Session Room.
PRESENT: Council Member Watts, Council Member King, Council Member Roden, Mayor
Pro Tem Kamp, Council Member Gregory, Mayor Burroughs
ABSENT: Council Member Engelbrecht
1.Hold a discussion regarding the Disaster Declaration by the Denton County Judge
concerning a West Nile Virus Health Emergency, which calls for State assistance for
response and mitigation support to combat West Nile Virus, including aerial spraying to
minimize and control mosquito populations.
Ken Banks, Director of Environmental Services and Sustainability, stated that the City had
received a letter from Denton County Judge Mary Horn indicating that the Judge had issued a
Disaster Declaration and Executive Order to request State assistance for support to combat West
Nile Virus. The Denton County Health Department was recommending more aggressive
strategies of mosquito control in the form of aerial spraying. The County had indicated that
municipalities could participate in the aerial spraying but the municipalities had to make a formal
request to be included.
Banks presented the number of West Nile Virus cases for Denton County which currently had
the highest West Nile Virus incidence rate in the State of Texas. He reviewed the statistics
regarding % of traps testing positive, total number of and number of quinq mosquitoes by trap
per night, % of quinq, and cumulative human cases (total 22).
Mayor Burroughs asked about the total number of traps out each night.
Banks stated that there were approximately 20 traps per trapping event. He indicated that it was
hard to determine the efficiency of the ground level spraying due to all of the variables involved.
He felt that the trapping network was not set up to gauge the efficiency of ground level spraying.
The conclusion was that there was a decrease in the % of quinq in the traps but he was not
comfortable contributing that to spraying. Spraying had an influence but other factors were also
included such as weather, larvicide, etc.
Council Member Roden asked if Denton was the only city in the County with traps.
Banks stated that other cities in the County had traps but Denton had the largest trapping network
in the County. Denton had about 50 traps that tested positive.
Mayor Burroughs noted that it appeared that each week it looked like one or two human cases
were being added to the count.
Banks replied that was correct and that it was following an upward trend.
Mayor Burroughs asked if it was normal for this type of tracking that it would get worse at the
end of the summer.
City of Denton City Council Minutes
August 27, 2012
Page2
Banks stated that the County graph showed the highest incidence rate for humans was in
September.
Council Member Watts asked about the incubation in humans after exposure.
Banks stated that it ranged from 2-12 days after exposure. These were diagnosed human cases.
The person had to become ill enough to be tested. Three days to 1 week was not an unreasonable
time from infection to the data showing up.
Council Member Gregory stated that it was probably a good assumption that some people never
get diagnosed. He asked if there was any data to suggest for every case diagnosed there were x
number of cases not diagnosed.
Juan Rodriguez, Chief Epidemiologist for Denton County Health Department, stated that for
every one diagnosed case there were 20 people not diagnosed. There were many more with
fever than was reported.
Council Member Roden asked about the breakdown of the cases in terms of fever versus
neurological cases.
Banks stated that of the 22 cases, 14 were the fever variety. He noted that areas were ground
sprayed when a human case was diagnosed in an area or there were 3 or more traps with positive
mosquitoes. He presented information on the spraying locations.
Mayor Burroughs asked what was the most recognized variable to account for the increases and
decreases in the population of the mosquito.
Banks stated that weather played a huge role and to keep in mind that all mosquitoes were going
downward in population but the quinq mosquito was going up in population.
Mayor Burroughs felt that one of the issues was trying to identify the variables because if the
variables changed next week such as rainfall, heat, etc. those would play into the mosquito
population.
Banks stated that rainfall and temperature would probably be the two most important variables.
Mayor Burroughs stated that the temperature over the last couple of weeks was lower than
normal and would that decrease the mosquito population.
Banks stated that it could cause the life cycle to be longer. A rainfall event would wash much of
the larva away but if water stayed, it could become a potential habitat. Rainfall with cool spells
could actually increase mosquito population. He stated that irrigation also needed to be factored
in as these mosquitoes migrated into urban areas with irrigation.
Mayor Burroughs asked about the larvicide program and the effectiveness of the program.
City of Denton City Council Minutes
August 27, 2012
Page3
Banks stated that the City was using more larvicide this year than ever. City personnel were
treating stagnant water and keeping track of when that was done so as to rotate back when
necessary. Approximately 5000 treatments were done so far this year and 3000 treatments were
given out to citizens. This very intense effort had an influence on the larva. For every drainage
ditch that was treated there were probably other areas not visible or underground that were
missed.
Council Member Roden stated that according to the Mosquito Response Plan and current trends
the plan would require additional methods or maintain the status quo.
Banks stated the plan did not address a state or county level emergency other than they took
precedence over the city's issues.
Council Member Roden asked what the City would do if it did not get involved with the County.
Banks stated that in the absence of County action, the City would continue with ground level
spraying. However, that could change very quickly as the County was looking at the situation
hitting a peak next month.
Mayor Pro Tem Kamp stated that she did not see a mosquito in her yard this season and felt that
had to do with the natural habitat in her yard. She was concerned with human lives but needed
convincing that this was the right thing to do. She did not think it was the right thing to do for
the environment and that the City’s plan was working. She was not convinced that aerial
spraying was the right thing to do. She questioned how aerial spraying would affect beneficial
insects and the environment.
Banks stated that the process sprayed insecticide from the air and even though it was done at
night, it would impact other organisms. The product used was Duet which was the same used for
ground spraying and was applied at a very low level. The night time frame avoided the time
when other insects were flying around. This was a contact only insecticide and bigger insects
did better than smaller insects. It had a broad scale application of a pesticide and measures were
taken to minimize the effects but it was not totally avoidable.
Dr. Bing Burton, Director-Denton County Health Department, stated that ground spraying and
other efforts were great. However, the County was in the midst of an epidemic and it was not
known where the cycle was going. This was a serious disease and aerial spraying could interrupt
the cycle. Human cases continued to go up and that was the main concern. The best information
on aerial spraying was from a spraying done in California in 2005. Data from that spraying
showed that the part of the California county that was not sprayed was six time more likely to
have West Nile than that part sprayed. It appeared to be an effective method and was believed to
be safe per the Center for Disease Control and others. Dallas County was already doing aerial
spraying on the recommendation of the Medical Society to Dallas. He shared the concerns about
putting pesticides in the air and this was not a common approach but this was unusual situation.
Aerial spraying could accomplish what 40 ground spraying trucks could do. There would be no
cost to the City or County.
Mayor Burroughs asked how the number of cases had been tracking in the County for the past
several weeks.
City of Denton City Council Minutes
August 27, 2012
Page4
Burton stated that was the primary reason for recommending a different strategy. Over the last
several weeks there were four to six new cases every day.
Council Member Roden asked what the County recommendation was for aerial spraying and
their plans for frequency.
Burton stated that there would be two nights of spraying with the intent to be Thursday and
Friday night weather permitting. The spraying would start about 9 p.m. and end about 2 a.m.
Council Member Roden asked if the County came back and declared an additional emergency
could the City be included in that.
Burton stated that he only knew that the County could do two nights of spraying this week and
beyond that he did not know of any other time.
Council Member Roden stated that if the peak time was in September, would there be a similar
situation in two weeks. He questioned the timing and rational of timing for this week and how
the effect would be in the later weeks.
Burton stated that the County was in the midst of an epidemic and something needed to be done
to interrupt transmission. He did not know when the peak would be and felt that evidence from
other years did not apply this year.
Council Member Gregory stated that he had received communications from citizens on aerial
spraying rather than ground spraying. Research indicated that of all the strategies, spraying was
the least effective.
Burton stated that the best information he had was from the case study in California.
Council Member Gregory asked about what research said about short term effects of spraying.
Banks stated that the whole idea of effectiveness was a general approach to managing the
population through habitat larvicide and adulticide. Adulticide was the least effective of the
three. It was effective but was the least effective. The intention was to minimize the impact but
did not eliminate it.
Council Member Gregory asked about aerial spraying in areas with lots of trees.
Banks stated that it would be more difficult to penetrate but that was the same situation as the
ground spraying. It did appear to be more effective to get to areas that could not be driven
through.
Council Member Watts stated that it seemed that the human cases were going up but the number
of positive traps was going down.
City of Denton City Council Minutes
August 27, 2012
Page5
Banks stated that one of the issues was the effectiveness of the trapping. A second issue was the
large number of undiagnosed cases. It was not as simple as looking at graph to say the risk was
gone.
Mayor Pro Tem Kamp asked about the plans if the City did not participate in the aerial spraying.
Banks stated that with no aerial spraying the City would continue to do what it was doing now in
terms of public education, larvicide and targeted ground spraying.
Mayor Pro Tem Kamp asked about providing the briquettes to citizens
Banks stated that citizens could come to Service Center and at the Composing Operation to get
them. The intention was to provide a place during the week during normal business hours or a
place on weekend.
Mayor Pro Tem Kamp asked about the cost to citizens.
Banks stated that there was no cost for Denton residents.
Mayor Burroughs asked about the cost if the City were to do its own aerial spraying.
Banks that that a rough estimate would be $225,000-250,000 for two applications.
Mayor Burroughs asked if Denton did not opt into the spraying now and later it was decided that
Denton County wanted to do a second round of aerial spraying, could Denton opt in for that
second spraying.
Banks stated that the current Declaration of Disaster was only effective for a certain period of
time and did not know about a second spraying and second Declaration. The current spraying
was for two applications this week.
Mayor Burroughs questioned if staff could contact Dallas County to find out about a second
spraying they might have if in September there were much more cases and Dallas County wanted
to opt in and how that would happen.
Mayor Pro Tem Kamp asked what the unincorporated areas of Denton County were doing.
Burton stated that the County Judge had responsibility for unincorporated areas. The north and
west areas of the County did not have any cases so there might not be any spraying in those area.
The spraying would be concentrated on those areas where there were cases.
Council Member Gregory asked if there had been any reports from hospitals or doctors about
citizens having bad reactions from coming into contact with Duet or other chemicals and what
was the knowledge of long term health implications.
Burton stated that the Health Department did not have any contact with doctors concerned about
exposure to pesticides and he did not know about long term effects.
City of Denton City Council Minutes
August 27, 2012
Page6
Council Member Gregory questioned what happened to targeted ground spraying if aerial
spraying was done.
Banks stated that pending ground spraying would be canceled to wait for additional human cases
before starting again. There was no reason to apply the product twice in targeted areas.
City Manager Campbell stated that a second round might be possibly paid for by the State if
resources were available and the County declared another emergency. If the City opted out of
this round it might be able to opt in for a second round. However, it was unlikely that a second
round would happen.
Mayor Burroughs asked about the City doing its own aerial spraying.
Banks stated that it could be a possibility if the City was willing to pay for the service and
several steps were completed first. A congestive air plan would have to be filed with the FAA
and a request would have to be filed with the State for a pesticide permit. Both of those could
take up to 2-3 weeks for approval.
Council Member Watts asked about the effectiveness of two nights of aerial spraying.
Banks stated that the intention was to be as effective as possible. With two nights of aerial
spraying, the majority of the mosquitoes would be affected and others would be affected the
second night to break the life cycle. The intention was to get the numbers down so there would
not be enough by the end of the season to continue the cycle. This time of year it was a more
effective strategy to do two nights in a row to reduce population.
Council Member King expressed concern about citizens coming into contact with aerial spraying
and city spraying.
Banks stated that aerial spraying would cover the entire city while ground spraying would only
target specific areas.
Mayor Burroughs stated that if the mosquito population was not significantly reduced now that
the fear would be that they would populate over winter and be far worse next summer.
Banks stated that was a concern.
Mayor Burroughs stated that it was better to get the mosquito population down at the end of the
season rather than now.
Banks stated that there were two subsets of the mosquito population to deal with - those that
currently had the virus and those that might get the virus later. The intention was to get rid of
those with the current virus with the hope that the mosquitoes with the virus would not have as
great an opportunity to build back up later.
Mayor Pro Tem Kamp asked for Jim Kennedy’s opinion regarding the aerial and ground
spraying and what it would do to the environment.
City of Denton City Council Minutes
August 27, 2012
Page7
Jim Kennedy, Regents Professor of Biology-UNT, stated that they were in uncharted grounds in
terms of what was going on with human cases. In the past they had seen a downtrend about this
time of the year with West Nile Virus. He felt the comments about the pesticide applications
were accurate and that the management plan as put forward had minimal effects on the
environment but still would have some type of impact. In terms of effectiveness, it appeared that
the mosquito population was down but rain might increase population again. There were non-
targeted effects but it would have to be seen if those outweighed the effects for the number of
human cases. There had been good education this year because of the number of mosquitoes in
May with the virus. There were far more positive West Nile mosquitoes in Denton County than
in the past and the number had been sustained.
Mayor Burroughs noted that quinq mosquitoes were territorial and did not travel long distances.
This would not be a situation where spraying outside the city limits would drive them into the
city.
Kennedy stated that this was not a mosquito that was known to travel large distances to move
from one area to another. Treatment of habitats was the most effective means of control.
Mayor Burroughs noted that getting rid of standing water, etc. was effective.
Kennedy stated that an important component was public education both this year and next year.
It made a big difference to have citizens remove habitats.
Council Member Gregory stated that rain barrels were promoted to capture water and questioned
if the ones with screens were sufficient to protect them from the mosquitoes.
Banks stated that it would depend on the size of the screen but that it was generally best to put a
larvicide in the water for protection.
Council Member Roden left the meeting.
Following the completion of the Work Session, the Council convened into a Special Called
Session in the Council Work Session Room.
1. Consider approval of a resolution of the City of Denton expressing its desire to
participate with and be included in aerial spraying to control mosquitoes that spread
West Nile Virus as a result of a Disaster Declaration by the Denton County Judge
concerning a West Nile Virus Health Emergency, which Declaration calls for State
assistance for response and mitigation support to combat West Nile Virus, including
aerial spraying to minimize and control populations of mosquitoes; and providing an
effective date.
The following individual submitted Speaker Cards:
Jay McElhinney, 605 Austin, Denton, 76201 - opposed
Laura Mauelshagen, 1110 N. Austin, Denton, 76201 – opposed
Michael Olaya, 308 W. Hickory, Denton, 76201 - opposed
Marisa Mulvaney, 1321 Norman Street, Denton, 76201 – opposed
City of Denton City Council Minutes
August 27, 2012
Page8
Comments Cards were received from the following:
Toni McElhinney, 605 N. Austin, Denton, 76201 - opposed
Alena Veteto, 2006 Camellia, Denton, 872-5 – opposed
Council Member Watts asked that if the City opted out of this spraying and another emergency
were declared, could the City then opt in for a second aerial spraying. It was his understanding
that this was a onetime shot.
Mayor Burroughs stated that it sounded like it might be possible to opt in at a second spraying
but the likelihood of a second aerial spraying was very low. It might be possible to opt in if there
were a new wave of mosquitoes with the virus.
City Manager Campbell stated that this was the most viable time to do this and that there was a
remote opportunity to do it at a later time but not impossible.
Mayor Burroughs stated that it was clear that this was a dangerous infection and those at risk
were not here at the meeting – the elderly and very young whole lives were at risk. There was a
fear factor involved on both sides of the issue. Council had to weigh through the fear to find the
right answer as there were so many variables that were unknown. Because of the number of
variables, the effects of aerial spraying were not definitive. The most effective methods were in
the hands of Denton citizens and they could do something about that. The City was already doing
measures in public places.
Council Member Gregory stated that he had received emails encouraging him to vote against the
aerial spraying. At first he felt he would be voting for the spraying but more information
changed his mind. The current program appeared to be effective. Staff had researched what
other cities were doing to educate citizens but that was not always effective. He was sure people
were not checking for stagnant water. Spraying was the least effective method but not totally
ineffective. The City had an opportunity to reduce risk and probably should do it. However, his
feeling right now was to opt out and stay with the program the City had in place.
Mayor Pro Tem Kamp stated that this was a very difficult decision as there was so much
information on both sides. There were major concerns with the epidemic but with the strategies
the City was using, she felt it was effective. She encouraged the citizens who sent emails on the
issue to spread the word to eradicate the possible habitats. She was not in support of the aerial
spraying.
Mayor Burroughs stated that from the County standpoint aerial spraying was the more efficient
way to address the problem. Denton had a more focused method to the spraying. If the problem
remerged to an extreme level, the City could invest in spraying itself. A second alternative was
that there might be a second round of spraying that the City would participate in. The City had
engaged the problem early and aggressively to keep the population down. That focus would
continue and would be more prudent to not press the overkill issue which aerial sparing might
envision. He was in favor of observing how effective the aerial spraying was on the County and
to continue with Denton's program.
City of Denton City Council Minutes
August 27, 2012
Page9
Mayor Pro Tem Kamp motioned to deny the resolution. Council Member Gregory seconded the
motion.
Council Member Watts stated that he would be supporting motion to deny. He appreciated the
opportunity offered by the County but seeing the data and the very particular criteria for ground
spraying, he was hesitant to participate in the aerial spraying. If conditions got worse, the City
would have to look at what choices they had and would have to bear the responsibility of that.
Council Member King stated that the emails he received indicated that people did not like aerial
or ground spraying. He had heard from parents that in the last three weeks that they were afraid
to let the children outside. He had seen firsthand a child with the virus and once infected, there
was no way to remove it from people. He would be voting against the motion.
On roll call vote: Council Member Watts, Council Member Gregory, Mayor Pro Tem Kamp and
Mayor Burroughs – “aye”; Council Member King “nay”. Motion carried with a 4-1 vote and the
resolution was denied.
With no further business, the meeting was adjourned at 9:40 a.m.
_____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
August 28, 2012
After determining that a quorum was present, the City Council convened in a Special Called
Work Session on Tuesday, August 28, 2012 at 4:30 p.m. in the Council Work Session Room at
City Hall.
PRESENT: Council Member Watts, Council Member Gregory, Council Member King,
Council Member Roden, Mayor Pro Tem Kamp, Mayor Burroughs,
ABSENT: Council Member Engelbrecht
1. Receive a report, hold a discussion, and give staff direction regarding the FY 2012-2013
Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.
City Manager Campbell stated that this item was a place holder on the agenda if Council had any
additional questions concerning the budget.
Council Member Watts asked staff to provide what the level of debt service responsible for ad
valorem taxes was excluding utility services.
Council Member Roden stated that he had looked through what was done last year for the
neighborhood grant program. It appeared that no one applied for the matching grant funds. He
felt a Work Session would be helpful to discuss whether to move forward with the program and
how to make it successful. He questioned if it would be appropriate to specify an amount out of
the $83,000 for just that grant program to maintain funds for the program. He suggested starting
with $50,000 specifically for that program.
Council Member Watts stated that he presumed the $83,000 was set aside and drawn on when
applications were made. He questioned if that was not happening or were the funds being used
for other things.
Council Member Roden stated that there was mention of using those funds for a certified tree
program and an Empowerment Summit. He wanted to identify an amount to keep in the
neighborhood fund.
Council Member Watts asked for more details on how the funds were being used.
Bryan Langley, Chief Finance Officer, stated that funds had been used for the citizen forestry
program and neighborhood empowerment summit. The proposed budget added $50 000 to the
incentive grant fund and those funds could be restricted only for that. The remaining $34,000
could use for other expenses as needed.
Mayor Burroughs questioned who decided on how to allocate the funding.
Katia Boykin, Planning Supervisor, stated that any type of project that was submitted was
evaluated by Planning and other city departments and that was how the funding was awarded.
Mayor Burroughs questioned if the additional money were provided, would the evaluations still
be done by city departments.
City of Denton City Council Minutes
August 28, 2012
Page 2
Boykin stated that staff had discussed having criteria for the submittals and proposals and then
internally pass those on a council committee to decide which proposal to fund. Currently there
were no criteria. This process would work for project over a certain dollar amount such as
$5,000.
City Manager Campbell asked if the Council would want to be involved in the selection of all of
the grants or just do the ones over a specific amount.
Mayor Burroughs felt it would be a committee function and come to Council only if there was a
policy shift.
Council Member Gregory stated that this issue might be something the new Committee on
Community Involvement could be involved with. He questioned if this money could be used for
neighborhood crime watch signs.
Boykin stated that the police department was the group that dealt with the Neighborhood Watch
program. They partnered with them for signs and decals for the groups that were true
neighborhood crime groups with the signs and decals free to the groups.
Council Member Roden felt that there were a number of policy questions dealing with this issue.
He suggested assigning the funding and then hold a Council discussion later for the details.
Consensus of the Council was to designate $50,000 to the fund and return later with the specifics
on how to manage the fund.
Following the completion of the Special Called Work Session, the City Council convened in a
Closed Meeting to consider specific items listed below under the Closed Meeting section of this
agenda.
1. Closed Meeting:
A.Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
1.Receive competitive public power information and related commercial
information from staff pertaining to the proposed operating budget for the
Denton Municipal Electric (DME) department for FY 2012-2013,
including without limitation, revenues, expenses, commodity volumes,
electric power pricing proposal information, system load characteristics,
and commitments; and discuss, deliberate, and consider adoption of the
budget and provide staff with direction regarding such matters.
This item was not considered.
B. Consultation with Attorneys - Under Texas Government Code Section 551.071.
City of Denton City Council Minutes
August 28, 2012
Page 3
1. 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.
Special Called 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. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2012-190
A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
approval of a Professional Services Agreement for Engineering and Design
Services, by and between Michael Baker, Jr., Inc. and the City of Denton, Texas;
providing for the expenditure of funds therefor; and providing an effective date
(File 5049 - Professional Engineering and Design Services for Hickory Street
Grand Street Project in the amount of $335,771).
PS Arora, DRC Engineering Administrator, presented the details of the proposal for the Hickory
th
Street Grand Street project. Input from Council from the August 14 meeting was to include (1)
residential stakeholders along with commercial stakeholders along Hickory Street for input
during the design process, (2) contact franchise companies to accommodate the provision of high
speed internet, (3) consider the possibility of a misting feature, (4) LED lighting along sidewalks,
(5) bike parking and the possibility of bike racks and park benches incorporated as artwork, (6)
and the location of possible pocket parks. These would be evaluated by Baker in the already
negotiated design fee of $335,771. In addition Council discussed adding art displays and power
outlets for festivals. Staff was recommending approval of the contract.
Council Member Gregory suggested substituting a water feature such as a fountain or water
spurting up from the ground instead of a misting feature.
Mayor Pro Tem Kamp motioned, Council Member Roden to approve the contract with a
modification of a water feature instead of a misting system. On roll call vote: Council Member
King, Council Member Watts, Council Member Gregory, Council Member Roden, Mayor Pro
Tem Kamp, Mayor Burroughs – “aye”. Motion carried unanimously.
City of Denton City Council Minutes
August 28, 2012
Page 4
3. PUBLIC HEARINGS
A. Hold a second public hearing on a proposal to adopt a tax rate of $0.68975 per
$100 valuation, which will exceed the lower of the rollback rate or the effective
rate.
Bryan Langley, Chief Finance Office, stated that this was the second public hearing on the tax
rate as required by State law.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Mayor Burroughs read the following statement”
th
“The city of Denton will vote on the proposed tax rate on Tuesday, September 11 at
6:30 p.m. at the City Council Chambers in City Hall, 215 E. McKinney Street, Denton, Texas,
76201.”
No action was required on this item at this time.
4.CONCLUDING ITEMS
Unde Section 551.042 of the Texas Open Meetings Act, respond to inquiries
r
A.
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.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
August 28, 2012
Page 5
There was no continuation of Closed Session.
With no further business, the meeting was adjourned 6:39 p.m.
_____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
September 5, 2012
The City Council attended a reception for Board and Commission members on Wednesday,
September 5, 2012 at 5:15 p.m. in the Council Work Session Room at City Hall.
After determining that a quorum was present, the City Council convened in a Special Called
Board and Commission Training Workshop on Wednesday, September 5, 2012 at 6:00 p.m.in
the City Council Chambers.
PRESENT: Council Member Gregory, Council Member Engelbrecht, Council Member King,
Council Member Roden, Council Member Watts, Mayor Pro Tem Kamp, and
Mayor Burroughs.
ABSENT: None
1. Welcome and Introductions
Mayor Burroughs welcomed the board and commission members to the meeting.
2.Oath of Office for New and Continuing Board Members.
Jennifer Walters, City Secretary, administered the oath of office to new and continuing board
members.
Following the completion of the Oaths of Office, the Special Called City Council Meeting was
adjourned at 6:13 p.m.
____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
October 2, 2012
DEPARTMENT:
Economic Development Department
ACM:
John Cabrales
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas,
accepting for filing a petition for the creation of Rayzor Ranch Public Improvement
District No. 1; ordering a public hearing to consider the creation of the District;
authorizing and directing the publication and mailing of notices of the public hearing as
required by law; and providing for an immediate effective date.
BACKGROUND
A Public Improvement District (PID) is a defined area where public improvements may
be financed through the use of special assessments. Under Chapter 372 of the Local
Government code, a public improvement district may be formed to accomplish any of the
following improvements:
Water, wastewater, health and sanitation, or drainage improvements (including
acquisition, construction, or improvements of water, wastewater or drainage
improvements);
Street and sidewalk improvements (acquiring, constructing, improving, widening,
narrowing, closing or rerouting sidewalks, streets or any other roadways or their
rights-of-way);
Mass transit improvements (acquisition, construction, improvement or rerouting
of mass transportation facilities);
Parking improvements (acquisition, construction or improvement of off-street
parking facilities);
Library improvements (acquisition, construction or improvement of libraries);
Park, recreation and cultural improvements (the establishment or improvement of
parks);
Landscaping and other aesthetic improvements (erection of fountains, distinctive
lighting and signs);
Art installation (acquisition and installation of pieces of art);
Creation of pedestrian malls (construction or improvement of pedestrian malls);
Similar improvements (projects similar to those listed above);
Supplemental safety services for the improvement of the district, including public
safety and security services; or
Supplemental business-related services for the improvement of the district,
including advertising and business recruitment and development.
Agenda Information Sheet
Rayzor Ranch PID
October 2, 2012
Page 2
The Project
On August 21, 2012, representatives of RED Development requested the City Council
consider the creation of a public improvement district (PID) to provide for funding for
infrastructure improvements for Phase II of the Rayzor Ranch development Rayzor
Ranch Town Center.
The proposed District will include approximately 230 acres owned by Allegiance
Hillview, L.P. ast quadrant
of the intersection of West University Drive (U.S. Highway 380) and Interstate Highway
35.
The property is being developed for commercial/retail and multi-family uses comparable
in quality to the Rayzor Ranch project north of West University Drive, and will be unique
and exceed the standards in the Denton Development Code. No single-family uses will
be included. The required public improvements will be financed, in part, from the
proceeds of District bonds issued by the City and secured solely by assessments levied
against the property on a per-acre basis that takes into consideration permitted uses.
Assessments will be secured by a lien on the property that is senior to private financing
but junior to the lien for ad valorem taxes. No city property will be assessed, and the City
will not otherwise have any liability to pay assessments. All costs of the collection and
administration of the District will be paid by property owners as part of the annual
installments of assessments. Costs and penalties resulting from assessment delinquencies
(including foreclosure) will also be paid by property owners in the same manner as for ad
valorem tax delinquencies.
The Petition
A copy of the petition requesting the creation of the PID is attached. The petition
includes:
General nature of the proposed public improvements
Estimated costs of the public improvements
Boundaries of the proposed district
Proposed method of assessment
Management of the district
Proposed advisory board
Staff would like to bring
estimated costs of all public improvements to be completed within the District
boundaries. RED Development has indicated that this amount far exceeds the capacity of
the PID funds and only an amount that can support PID bond debt will be submitted to
the City Council for consideration.
The Process
RED Development has assembled a team of consultants (Piper Jaffrey, DPFG, and
Agenda Information Sheet
Rayzor Ranch PID
October 2, 2012
Page 3
and bond counsel to recommend to the City Council a plan to create the District, level
assessments, and issue District bonds that will protect the City from any adverse
consequences of issuing the District bonds.
The creation of the District will not obligate the City to levy assessments or issue District
bonds. If the City Council determines it is in the best interest of the City and the property
to levy assessments and issue District bonds, then the amount and terms and conditions of
the bonds (as well as the method by which bond proceeds will be administered) will be
subject to final approval by the City Council.
If the assessments are based on the estimated cost of the public improvements and the
actual cost is less, the assessments will be reduced accordingly. Once levied, however,
assessments will not be increased. When assessments have been levied, notice (in a form
approved by the City Attorney) will be filed in the real property records so that all
purchasers of property in the District will have notice of the District, the amount of the
assessments (and corresponding liens) that apply to the property being purchased, the
options for payment, and the liability of the owner should the assessments become
delinquent.
Prior to the City Council considering assessments or bond sales, Council will be provided
estimated costs that have been prepared by an engineering firm. In addition, Council will
receive the Preliminary Service and Assessment Plan, Preliminary Assessment Roll, and
Draft Reimbursement Agreement. At this time, Council will be asked to call another
public hearing where the final Service and Assessment Plan, Assessment Roll,
Reimbursement Agreement and Evidence of Enhanced Value will be considered for
approval. The final documents must be provided to the City at least ten days prior to the
public hearing for our review.
ESTIMATED SCHEDULE OF PROJECT
The attached resolution simply acknowledges the receipt of the petition and sets the date
of November 6, 2012, for a public hearing when City Council will consider creating the
District. Creation of the District does not obligate the City Council to levy assessments
or approve the sale of bonds.
PRIOR ACTION/REVI
EW
The Economic Development Partnership Board discussed the proposed PID at their
August 7, 2012 meeting and recommended the Council consider the request for Rayzor
Ranch PID 5-0. The City Council discussed the PID request at their August 21, 2012 and
directed staff to proceed with the creation of the PID.
FISCAL INFORMATION
Costs incurred in the creation and administration of the PID will be paid through PID
funds.
Agenda Information Sheet
Rayzor Ranch PID
October 2, 2012
Page 4
EXHIBITS
Resolution w/Exhibits
PID Creation Schedule
Respectfully submitted:
_______________________________
Linda Ratliff, Director
Economic Development Department
AGENDA INFORMATION SHEET
AGENDA DATE:
October 2, 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
10/02/2012
BOARD AND COMMISSION NOMINATIONS
BoardCouncil MemberNomination
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 Art Committee
Emily Rosell has resigned Engelbrecht
R Ï Reappointment
N Ï New Nomination