HomeMy WebLinkAboutOctober 13, 2015 Agendatru�Rltl
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City of Denton
Meeting Agenda
City Council
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Tuesday, October 13, 2015 2:00 PM Work Session Room
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene
in a 2nd Tuesday Session on Tuesday, October 13, 2015 at 2:00 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
NOTE: A 2nd Tuesday Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such matters
should be placed on a future regular or special meeting of the Council for citizen input, City Council
deliberation and formal City action. At a 2nd Tuesday Session, the City Council generally receives
informal and preliminary reports and information from City staff, officials, members of City
committees, and the individual or organization proposing council action, if invited by City Council or
City Manager to participate in the session. Participation by individuals and members of organizations
invited to speak ceases when the Mayor announces the session is being closed to public input.
Although 2nd Tuesday Sessions are public meetings, and citizens have a legal right to attend, they are
not public hearings, so citizens are not allowed to participate in the session unless invited to do so by
the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written
report regarding the citizen's opinion on the matter being explored. Should the Council direct the
matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the
proposed action, which will be made available to all citizens prior to the regular meeting at which
citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting
the opportunity to hear the views of their fellow citizens without having to attend two meetings.
1. Work Session Reports
A. ID 15 -909 Receive a report, hold a discussion and provide staff direction relating to a proposal
to design and develop a Community Event Center on City of Denton property
located at 121 Exposition Street.
Attachments: Exhibit 1- Summary of Concept Plan Elements
Exhibit 2 -121 Exposition Aerial
B. ID 15 -955 Receive a report from staff on Prioritization of Street Reconstruction Projects.
Attachments: Exhibit 1 -OCI Decay Curve with Recommended Street maintenance Activities
Exhibit 2- Street Reconstruction Prioritization
Exhibit 3 -Sreet Reconstruction Prioritization Presentation
Following the completion of the 2nd Tuesday Session, the City Council will convene in a Special
Called Meeting of the City of Denton City Council to consider the following items:
1. Consent Agenda
Each of these items is recommended by the Staff and approval
the Staff recommendations. Approval of the Consent Agenda
designee to implement each item in accordance with the Staff
thereof will be strictly on the basis of
authorizes the City Manager or his
recommendations. The City Council
City ofDenton Page I Printed on 101912015
City Council Meeting Agenda October 13, 2015
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 — D).
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
— D 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. ID 15 -892
B. ID 15 -950
C. ID 15 -951
D. ID 15 -960
Attachments:
2. Concluding Items
Consider approval of a resolution nominating members to the Board of Directors of
the Denton Central Appraisal District; and declaring an effective date.
Exhibit 1 DCAD Letter
Exhibit 2 Resolution
Consider approval of a resolution allowing Denton Rugby Football Club, Inc., to be
the sole participant allowed to sell alcoholic beverages at Friends With Benefits
Presents: North Texas Hot Shots, on October 17, 2015, 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.
Exhibit 1 Request to sell alcohol
Exhibit 2 Resolution and Agreement
Consider a request for an exception to the Noise Ordinance for the purpose of the
third annual Friends With Benefits Presents: North Texas Hot Shots at the E.
McKinney and E. Oak Street parking lot on Saturday, October 17, 2015, from noon
to 6 p.m. The exception is specifically requested to increase sound levels from 70 to
75 decibels for amplified sound.
Exhibit 1- Request for Noise Exception
Consider a request for an exception to the Noise Ordinance for the purpose of the
third annual Industrial Street Pop Festival on the 100 block of Industrial Street, on
Sunday, October 18, 2015 from noon to 10 p.m. The exception is specifically
requested to increase sound levels from 70 to 75 decibels.
Exhibit 1 Request for Noise Exception
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City
Council or the public with specific factual information or recitation of policy, or accept a proposal
to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the
Texas Open Meetings Act, provide reports about items of community interest regarding which no
action will be taken, to include: expressions of thanks, congratulations, or condolence; information
regarding holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or sponsored by the
governing body; information regarding a social, ceremonial, or community event organized or
sponsored by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of people in the
municipality that has arisen after the posting of the agenda.
City ofDenton Page 2 Printed on 101912015
City Council Meeting Agenda October 13, 2015
Following the completion of the Special Called Meeting, 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.
1. Closed Meeting:
A. ID 15 -926 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction
regarding the potential acquisition of real property interests in the E. Puchalski
Survey, Abstract No. 996, City of Denton, Denton County, Texas, and being
generally located in the 900 block of W. Collins Street (Block 4, Hillside Addition,
City and County of Denton, Texas). Consultation with the City's attorneys regarding
legal issues associated with the acquisition of the real property interests described
above where a public discussion of these legal matters would conflict with the duty
of the City's attorneys to the City of Denton and the 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. [Eagle Substation]
B. ID 15 -978 Consultation with Attorneys - Under Texas Government Code §551.071.
Consult with the City's Attorneys on the status, strategy, and potential resolution of
litigation styled, Bishop v. City of Denton, Texas and Darius M. Porter, Cause No.
4:14 -CV -608, currently pending in the US District Court for the Eastern District of
Texas, Sherman Division.
C. ID 15 -1014 Deliberations regarding Economic Development Negotiations - Under Texas
Government Code Section 551.087.
Receive a report and hold a discussion regarding economic development issues
regarding a proposed economic development incentive agreement for Project
Cartoon. This discussion shall include commercial and financial information the
City Council has received from Project Cartoon, a business prospect, which the City
Council seeks to have locate, stay, or expand in or near the territory of the city, and
with which the City Council is conducting economic development negotiations;
deliberate the offer of a financial or other incentive to Project Cartoon.
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 , 2015 at o'clock (a.m.) (p.m.)
CITY SECRETARY
City ofDenton Page 3 Printed on 101912015
City Council Meeting Agenda October 13, 2015
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED
AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE
CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1- 800 - RELAY -TX SO THAT A SIGN LANGUAGE
INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
City ofDenton Page 4 Printed on 101912015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -909, Version: 1
DEPARTMENT:
ACM:
Date:
Transportation
John Cabrales, Jr.
October 13, 2015
Legislation Text
Agenda Information Sheet
SUBJECT
Receive a report, hold a discussion and provide staff direction relating to a proposal to design and develop a
Community Event Center on City of Denton property located at 121 Exposition Street.
BACKGROUND
The Denton Community Market (DCM) currently leases approximately 1.2 acres from Denton County adjacent
to the Historical Park of Denton County located between Mulberry and Sycamore, east of Carroll Boulevard.
The lease with Denton County is a year -to -year lease and DCM reports the current master plan for the
Historical Park does not currently accommodate the market. The 2015 season will be the sixth year of operation
for DCM, which is held every Saturday from April 1st through the last Saturday of November each year. DCM
has approached the City to partner with them in developing a Community Event Center that could serve as a
long -term site for market as well has host additional community activities in Southeast Denton and Downtown
Denton.
DCM submitted a proposal on July 14, 2015, outlining needed and desired enhancements to the two acre City
of Denton parking lot located at the corner of Exposition and East Hickory. The DCM proposal includes
removal of existing pavement to establish green space, water and electrical services for vendors, lighting for
security and evening events, shade structures, landscaping (trees), restroom facilities (porta- privies) and
sidewalk enhancements. Staff recommends that as part of any proposal to improve the 121 Exposition site, the
existing pavement be removed and pavement for a minimum of 80 parking spaces be constructed. This is
necessary to support the existing parking demands for City Hall East, the Euline Brock Downtown Denton
Transit Center and the Denton Police and Fire Training Facility.
City staff has reviewed the requested enhancements to the 121 Exposition parking lot and has developed a
planning level cost estimate that was part of the FY 2015 -16 Budget discussion. Staff is seeking Council
direction on advancing design efforts for the site.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Council considered a community event facility as part of multiple discussions related to developing a site
that may also be utilized by the Denton Community Market. November 11, 2014, City Council Work Session.
April 24, 2015, Informal Staff Report. May 26, 2015 City Council Work Session. City Council Budget Work
City of Denton Page 1 of 2 Printed on 10/9/2015
File #: ID 15 -909, Version: 1
Shop, August 6, 2015 and City Council Budget Workshop Questions and Responses Memos dated August 18,
2015 and September 1, 2015.
FISCAL INFORMATION
A preliminary budget estimate of $253,000, based on input from the Denton Community Market, has been
included as part of the FY 2015 -16 Budget to facilitate non - parking lot enhancements for the proposed project.
An additional $405,000 has been identified to facilitate the demolition and reconstruction of approximately one
acre of pavement creating a minimum capacity to park 80 vehicles.
EXHIBITS
1. Summary of Concept Plan Elements - Preliminary Cost Estimate
2. 121 Exposition Aerial
Respectfully submitted:
Mark Nelson
Director of Transportation
City of Denton Page 2 of 2 Printed on 10/9/2015
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
Legislation Text
File #: ID 15 -955, Version: 1
Agenda Information Sheet
DEPARTMENT: Water Utilities
CM /ACM: Howard Martin, Utilities 349 -8232
Date: October 13, 2015
SUBJECT
Receive a report from staff on Prioritization of Street Reconstruction Projects.
BACKGROUND
Per the request of the City Council, this agenda item will describe how staff uses the pavement management
street condition surveys, Pavement View database, as well as input from the City Council, Bond Oversight
Committees, and citizens to prioritize failed street segments for inclusion in the street reconstruction bond
programs. This discussion will also include some lessons learned by staff over the years as they have used
these tools to develop and implement the bond funded street reconstruction program. This information will
cover the past three street reconstruction bond programs including the 2005, 2012 and 2014 voter approved
bond packages where the Pavement View database and pavement condition surveys were first used for this
process.
The City's pavement management system uses two software modules from Cartegraph called Pavement View
and Pavement View Plus. What this software allows the city staff to do, in conjunction with our periodic
overall street condition surveys, is to track the benefits associated with various OCI related street maintenance
work activities over time and to perform various "what if' scenarios on funding levels and their impacts over
time on overall street condition OCI levels. It also assists staff in the identification of various street
improvement candidates for inclusion in the annual O &M budget funded programs or bond funded
reconstruction programs, as recommended OCI improvements are tied to a fairly narrow range of street OCI
levels (see attached Exhibit 1). Since the pavement management system also ties to the street department's
work order and job cost tracking process, it also allows the staff to keep track of project costs, modify average
unit costs, and help manage cost estimating and the budget preparation processes. Staff has been using this
software for the past thirteen years ever since the first comprehensive street condition survey was performed in
2003. The City contracted out for two other comprehensive street condition surveys in 2009 and 2015 to both
help revise the Pavement View database and calibrate the pavement condition model. The 2015 survey is
currently under review and has not been finalized but should be completed over the next few months.
The 2005 voter approved general obligation bond program included 9.6 million dollars of street reconstruction
improvements phased over a five year period from FY 2005 to FY 2009. Street reconstruction projects
included in this bond program included 92 street segments that were identified in the 2003 pavement condition
survey as being failed streets with Overall Condition Indexes (OCIs) below 30. In general, staff prepared this
list from a larger candidate list of failed street segments (referred to as Backlog) that came from this pavement
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File #: ID 15 -955, Version: 1
study and higher priority was given to street segments with the lowest OCI ratings. Over 70% of these street
segments were residential streets while approximately 30% were collectors and arterials. This reflected the
larger inventory of residential streets compared to arterial and collector streets but also reflected the much
larger percentage of residential streets that were in a failed condition and a part of the growing backlog in
overall street condition. In general, the 9.6 million dollars of street reconstruction distributed over a five year
period only funded a relatively small percentage of the street backlog inventory that was in excess of 100
million dollars.
The 2003 pavement condition study raised awareness by the City Council that the street maintenance program
was significantly underfunded and the City was going to face a growing reconstruction backlog program if it
did not accelerate funding efforts on the street maintenance program soon. This awareness was further
reinforced when the second comprehensive street condition survey and report was completed in 2009 - 2010
where overall street conditions continued to deteriorate between the two surveys. In an effort to help address
this problem, the City Council directed staff to issue an interim, "streets only" bond program for voter approval
in 2012 totaling 20 million dollars. Staff used the pavement management program database and queried a street
reconstruction segment candidate list for consideration for inclusion in this 20 million dollar bond program
based upon streets that had an OCI of 40 or less. Cost estimates were then prepared for reconstructing each of
these street segments and imported into a Capital Improvements Plan (CIP) Excel spreadsheet that was
populated with other relevant information that was factored into the decision making process. This data
included:
0 Street Classification (i.e. Primary or Secondary Arterial, Collector and Residential)
0 Water and Wastewater utility replacement CIP projects within the 5 year CIP plans
• Funded Drainage CIP projects or identified but unfunded Drainage CIP project information
0 Water and Wastewater utility condition information from the utility work order management system
• Traffic volume considerations
• Anticipated development activity
0 City Council District location
• Bike lane plan information from the Bike Lane Master Plan
Based upon this newly developed CIP screening tool, staff prepared a proposed 5 year street reconstruction
program plan and worked with the City Council appointed bond advisory committee to review, modify and
recommend this plan to the Planning and Zoning Committee and City Council for approval and for preparation
for the voters to approve in the bond election process. During the bond advisory committee meeting process,
the bond committee requested information from staff on how street projects were identified for inclusion in the
5 year CIP, why other streets were not selected, and also specifically requested modifications to this plan to
consider and /or incorporate citizen input that the committee had solicited and received from the public. Staff
provided the bond advisory committee with a detailed description of the methodology used to prepare the
proposed 5 year CIP along with a glossary of pavement management terminology (see attached Exhibit 2).
One of the lessons learned from the 2005 bond program implementation process was that simply looking at the
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File #: ID 15 -955, Version: 1
lowest OCI scoring for the street reconstruction program overlooked some other important factors including the
city owned water and wastewater utility conditions under the street segment. While it made sense to budget
funds for street reconstruction for failed street segments that had identified utility CIP projects in the near
future, it did not always make good sense to budget for street segments that had aged and /or suspect utility
conditions that were not identified for replacement in the utility department's prioritization process. In some
cases, utility replacement decisions were being made by street condition OCIs rather than by water main break
rates or sanitary sewer condition ratings. By the time the 2012 street replacement bond program process
occurred, staff had learned that all of these separate infrastructure condition rating systems needed to be
considered together in the decision making process for all of these CIP programs and coordination of multiple
CIP programs was necessary to preserve the city's investments in the street reconstruction replacement
program. With limited funding for each of these CIP replacement programs available, it made sense to select
street segments that were in failed condition that had no utility issues underneath them or had identified water
and /or wastewater utility reconstruction CIP projects planned in the near future while avoiding street segments
that had aged but unfunded utility infrastructure underneath them. This evolution in CIP prioritization also
required multiple project coordination between the Streets, Water Distribution and Wastewater Collections
Divisions since each entity's CIP program included a combination of CIP projects that were either constructed
in house or outsourced to contractors that were bid through a city approval process.
The 20 million dollar funding level identified for the 2012 "streets only" bond program funded only about 20%
(one in five) of the backlog street segments identified in the pavement management database. So in many cases,
there were adequate numbers of street segments in the street reconstruction candidate list and CIP screening
spreadsheet that were identified as having no utility conflicts or were coupled with an identified and funded
water and /or wastewater CIP replacement project.
In the 2014 bond program, the level of funding for street reconstruction was an unknown at the beginning of the
process. The backlog of street reconstruction candidates was projected to be nearly 123 million dollars by the
end of the bond period (2020) but the magnitude of the total bond sale and the portion that would be
recommended by the bond advisory committee to the P & Z and to the City Council was initially unknown.
This represented a significant contrast to the 2014 "streets only" bond program where staff had a defined
budget to identify and prioritize their initial 5 year street reconstruction CIP recommendations to the advisory
committee. The funding level was ultimately determined by the advisory committee at 24 million dollars and
overlapped with the 2012 bond program to ramp up annual street reconstruction dollars from 4 million to 6
million dollars beginning in 2015. Staffs proposed street reconstruction CIP plan included many projects that
were identified in the 2012 bond process that were of interest to the advisory committee and /or the public that
were not funded due to either insufficient funding levels or had identified unfunded capital plans for drainage
or utility replacement projects. Examples of these included Hinkle, Mockingbird and Hickory Street. Also,
staff prioritized collectors and arterials to an greater degree in the 2014 bond program CIP project list where
over 56% of the 195 street segments included in the plan were collectors and arterials even though they
represented only 29% of the total street inventory and only 37% of the projected backlog in terms of street
segments. In terms of dollars, collectors and arterials in the 2014 bond program represented approximately
66% of the total cost.
In addition to the bond funded street reconstruction program, staff also uses the pavement management system
database to identify annual O & M budget funded street maintenance projects as well. From an economic
optimization perspective, bond funding a "worst first" street maintenance program is not as cost effective as
funding a revenue funded "best first" preventative maintenance street program. Although it is important to
manage backlog from a public acceptance and tolerance perspective, a preventative maintenance program will
help lower overall maintenance program costs in the long run. For the most part, staff is currently trying to use
bond funding to help manage street backlog (i.e. failed street reconstruction or "worst first" projects) while
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File #: ID 15 -955, Version: 1
preserving annual revenue funds in the O & M Street Budget for preventative maintenance programs (i.e. micro
seals, crack seals, overlays and panel replacements or "best first" projects). Referring back to Exhibit 1, the
OCI decay curve illustrates the proper OCI ranges for these activities to occur. Staff uses queries of the
pavement management database to help identify project candidates for these programs. Then the CIP
spreadsheet screening tool is used to help identify projects that have similar synergies to the water and
wastewater utility line replacement CIP databases to help screen these candidate lists to match available budget
fund levels. For smaller and shorter term capital investments such as crack sealing and panel jacking or
replacements, utility CIP coordination is of lesser concern with the exception of micro seal projects which are
more of a public perception concern rather than a major economic investment concern. More major street
maintenance investments such as thin, moderate and thick overlays require more attention to underground
utility conditions and coordination with city owned water, wastewater and drainage utilities infrastructure
management programs. More recently, coordination of franchise utilities, in particular Atmos Gas, has been an
additional complication to manage these street maintenance programs, and staff is currently communicating
these CIP programs both internally and with Atmos gas on an annual, quarterly and monthly basis.
EXHIBITS
Exhibit 1 - Typical Asphalt Street OCI Decay Curve with Recommended Street Maintenance Activities
Exhibit 2 - Information given to 2012 Bond Advisory Committee on Street Reconstruction Prioritization
Methodology and Glossary of Pavement Management Terminology.
Exhibit 3 - Street Reconstruction Prioritization Presentation
Respectfully submitted:
Tim Fisher
Division Manager
City of Denton Page 4 of 4 Printed on 10/9/2015
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EXHIBIT 2
Methodology used by City Staff to Identify Proposed Street
Reconstruction Candidates.
Reconstruction candidates - Streets with OCI less than or equal to 40. (993 street segments)
OCIs less than 30 are considered to be very poor streets.
OCIs between 30 and 45 are considered to be poor streets.
OCIs lower than 45 are not repairable using overlays and would need to be
reconstructed.
OCIs less than 30 are considered to be a City's backlog of streets that need to be
reconstructed.
Funding available — $20 M over five years (approximately 210 street segments)
On average, street OCIs will decline approximately 2 points per year (10 points in five years)
The following factors, in relative order of significance, were considered of importance by
staff:
OCI rating of the street:
Divided into three subgroups: 0 to 15, 15 to 30 and 30 to 40.
Higher priority was given to lowest OCI street segments.
Street Classification:
In general, a higher priority was given to streets used by more citizens (collectors over
residential streets)
As a group, collector streets were identified as the classification of streets with the
greatest proportion of low OCI ratings.
Arterial costs are much higher due to many factors (depth of pavement, number of
lanes, traffic detours, ect.). As a result, a focus on arterial streets will reduce available
funds for other street projects significantly.
Water and Wastewater Utilities 5 year Capital Improvements Plan:
All water and or wastewater utility projects that impacted streets with OCIs 40 or lower
were included in the recommended street reconstruction bond program.
EXHIBIT
Water or Wastewater Utility Conditions:
All water or wastewater utilities with identified condition concerns but not planned for
immediate replacement in the near future were considered to be potential liabilities for
the long term integrity of the street bond replacement program investment. Likewise, if
worst -first street replacement decisions were the sole criteria for the bond replacement
program, it would likely drive a premature utility replacement decision, negatively
impacting water and wastewater utility rate payers. Hence, streets with relatively
better utilities under them received a higher priority compared to streets with relatively
poor utilities under them.
Fragmented Street Proiects:
The OCI database is based upon street segments identified in the City's GIS system. If
worst -first street replacement decisions were the sole criteria for the bond replacement
program, many isolated and fragmented street sections would be proposed or segments
would be omitted from a logical street reconstruction project.
City Council Districts:
Reasonable distribution of street projects across the City was an important
consideration and tracking distribution of the projects across the four City Council
Districts was used as a means to balance the street bond program across the City.
However, due to city growth patterns, the list of street replacement candidates is not
equally divided between the four City Council Districts. There is also not an even
distribution of the total number of street segments or the number of street replacement
candidates between the four City Council Districts. In general, the southern side of the
City (Council District 4) has proportionally more new subdivisions and better street
conditions than the three other Council Districts (1, 2 and 3). The proposed street bond
program recommended by city staff is reasonably balanced between the four council
districts with more projects in Districts 1, 2 and 3 and fewer in Council District 4.
Bicvcle Lanes:
Funding to install bicycle signage and lane or sharrow markings were included in the
cost estimates for all street reconstruction candidate segments if they were identified
on the City's recently adopted Bicycle Master Plan if the plan designated the segment as
a bicycle lane that did not require street widening and possible right of way acquisition.
If these street segments required widening of the roadway, they were labeled Future
EXHIBIT 9
Bicycle Lane (FBL) in the database and no funds were included for signage and markings.
Since typical street reconstruction salvages a large portion of the existing curb and
gutter, a street widening project would significantly increase project costs and reduce
available funds for other street reconstruction projects.
EXHIBIT 6
Pavement Management Glossary
Pavement Types:
ACP — Asphaltic Concrete Pavement (i.e. Asphalt Street)
PCP — Portland Cement Pavement (i.e. Concrete Street)
Street Classifications:
Primary Arterial —typically a six lane divided roadway (Carroll Blvd.)
Secondary Arterial — typically a four land divided or undivided roadway (Colorado
Blvd., Woodrow Lane, Windsor, Lillian Miller, etc.)
Collector — typically a wider two lane roadway designed to collect and connect
residential or local roadways to arterials. May also be classified as residential or
industrial collectors based upon the area in which they are located and the type of
traffic they are designed to handle (Hinkle, Glenwood, Stuart, Pennsylvania, Southridge,
etc.)
Residential — typically a two lane road designed for residential access. May include
extra width to accommodate street parking (likely the street in front of your house)
Street Condition Indexes:
Overall Condition Index (OCI) — a numerical rating from 0 to 100 that defines the
overall condition of the pavement. The OCI is the combination of two indices (PCI and
RI). The Denton Pavement Study based the OCI on a weighting factor of 80 % PCI and 20
% RI.
Pavement Condition Index (PCI) — a numerical rating from 0 to 100 that measures
surface distresses including cracks, alligatoring, utility patches, etc. PCI's are also
sometimes called Surface Distress Indexes (SDI's) and quantify the pavement surface
condition by measuring the extent and severity of selected pavement defects. PCI's are
measured by visual observation and standardized criteria developed by the U.S. Army
Corps of Engineers. They can be as simple as "windshield surveys" conducted by city
staff or as sophisticated as automated surveys performed by trained pavement
management consultants and their field data collection equipment and technicians.
Denton's Pavement Management System was completed by an automated survey
collection process using specialized camera vans and experienced field technicians.
Cities that perform pavement management studies in house will generally be limited to
PCI data only and due to training issues and frequency of data collection may have data
integrity concerns.
Roughness Index (RI) — a numerical rating from 0 to 100 that measures ride quality
including rutting, distortion, etc. RI data must come from specialized data collection
equipment and are collected during automated surveys performed by pavement
management consultants and their field data collection technicians.
Structural Index (SI) — a numerical index to quantify the structural capacity of a
roadway. Structural Indexes are measured by using a Falling Weight Deflectometer
(FWD). The Denton Pavement Management Study used FWD tests to evaluate
pavement structural conditions for collector and arterial streets only. SI's are used to
help determine rehabilitation strategies for a particular roadway as well as helping
project their expected service life. SI's are not used as a criterion to evaluate the OCI for
a particular roadway.
Pavement Management Software:
Pavement Management Software is used by Cities and by State Highway Departments
to inventory current pavement conditions, model future pavement conditions, and to
evaluate and predict the impact of pavement maintenance and rehabilitation efforts on
overall pavement conditions. Pavement Management Software can be simple or
complex, may or may not be tied to a street maintenance work order system, and is a
critical component of the development of a Pavement Management System.
The City of Denton uses Pavement View Plus, a software package developed by
Cartegraph. This software package has the advantages of being tied to the City's street
maintenance work order management system and the City's Geographical Information
System (GIS). It also has the ability to evaluate the impacts of various funding levels on
projecting and predicting future pavement conditions on a network wide basis.
Each street segment has a current pavement condition (i.e. the segment OCI value)
assigned to it as well as a corresponding Pavement Performance Curve (PPC) that is used
to project and predict future pavement conditions. Where a given street segment is
currently located on the Pavement Performance Curve helps identify when and what
type of preventative maintenance is required. Because the software is linked to the
City's GIS database, graphical displays of existing and future street conditions are easily
produced. This provides the City staff with a very powerful tool to evaluate current
budgets and to communicate funding needs for street maintenance. The City first
developed their Pavement Management System in 2003 when the initial street
condition survey was completed. The City recently updated and improved their
Pavement Management System in 2009 with the second comprehensive street
condition survey was performed. Both of these surveys and the resulting model analysis
have concluded that the current level of street funding for maintenance and
replacement is insufficient to prevent the continued decline in overall street conditions
within the City of Denton. Based upon these street condition surveys, the average OCI
for the network of City Streets declined from 69 in 2003 to 63 in 2009 even though the
City has increased the funding for street repairs or replacements during this time frame
and added nearly 153 lane miles of new City Streets to the network. The modeled
street conditions OCI for 2012 are 61 for the average for the entire street network.
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENT' IN
Legislation Text
File #: ID 15 -892, Version: 1
Agenda Information Sheet
DEPARTMENT: Finance
ACM: Bryan Langley
Date: October 13, 2015
SUBJECT
Consider approval of a resolution nominating members to the Board of Directors of the Denton Central
Appraisal District; and declaring an effective date.
BACKGROUND:
The Denton Central Appraisal District (DCAD) has notified the City that the term for members on the current
DCAD Board of Directors expires December 31, 2015. Therefore, DCAD is seeking nominations from taxing
jurisdictions in the district. The City Council can make up to five nominations for the Board of Directors. Once
nominations from all taxing jurisdictions are received by DCAD, a ballot will be sent to the City. The City
Council will then cast their vote to elect a member at the December 1, 2015, City Council meeting.
Board members serve two -year terms, and all five board member positions are subject to the nomination
process every two years. The number of votes a taxing unit has is determined by their proportional share of the
total levy in the district from the prior tax year. There are a total of 5,000 votes throughout the district. One
thousand votes are the maximum number needed to elect a local representative /nominee to the Board of
Directors. In 2013, the City of Denton cast 196 votes for Charles Stafford to serve on the DCAD Board of
Directors. This year, the City has 192 votes and DISD has 654 votes. The following is a summarization of
DCAD's nomination process:
Prior to October 1st - DCAD notifies taxing entities of the number of votes they are entitled to cast for
appointing board members.
Prior to October 15th - Nominations are submitted to DCAD by each jurisdiction.
Prior to October 30th - DCAD compiles a comprehensive list of the nominees and forwards to each taxing unit
in the form of a ballot.
Prior to December 15 - The taxing jurisdictions choose by written resolution the candidate (s) of their choice.
The jurisdiction then submits the name (s) and the votes cast to DCAD.
Prior to December 31st - DCAD tabulates the votes and forwards the results back to the jurisdictions. The five
candidates that receive the most votes become the Board of Directors as of January 1st.
City of Denton Page 1 of 2 Printed on 10/9/2015
File #: ID 15 -892, Version: 1
Eligibility Guidelines:
The selection process is set forth in Section 6.03 of the Property Tax Code. This process is not an "election"
governed by the Texas Election Code. It is an independent procedure unique to the property tax system. An
appraisal district director must reside in the appraisal district for at least two (2) years immediately preceding
the date he or she takes office. Most residents are eligible to serve as a director. An individual that is serving on
the governing body of a city, county, or school district is eligible to serve as an appraisal district's director. An
employee of a taxing unit served by the appraisal district is not eligible to serve as a director. However, if the
employee is an elected official, he or she is eligible to serve.
RECOMMENDATION
Staff has included a resolution voting for Mr. Charles Stafford and Mr. David Terre to be nominated for the
DCAD Board of Directors. Mr. Stafford and Mr. Terre are both current board members. If the City Council
would like to vote for different or additional nominees, this item can be amended by City Council action.
EXHIBITS
1. DCAD Nomination Process Memo and Current Board of Directors
2. Resolution
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
City of Denton Page 2 of 2 Printed on 10/9/2015
DENTON CENTRALAPPRAISALDISTRICT
3911 MORSE STREET, P O BOX 2816
DENTON, TEXAS 76202 -2816
MEMO
TO: Denton County, School Districts and Cities That Levy A Tax
FROM: Rudy Durham, Chief Appraiser
SUBJECT: Request for Nominations for DCAD Board of Directors
DATE: August 28, 2015
It is time again for the taxing jurisdictions to nominate individuals to serve on the DCAD
Board of Directors. Each jurisdiction may nominate up to five people to be considered
for the Board of Directors. According to Section 6.03 of the Property Tax Code, it is the
chief appraiser's responsibility to initiate this process, which is the purpose of this memo.
Please note that a chief appraiser does not have the authority, or the duty, to investigate,
orjudge, the qualifications of the nominees. Further, a chief appraiser can not extend
the deadline for receiving nominations.
Attached is a nominee form. Please return a form for each nominee before
October 15, 2015.
CALENDAR FOR APPOINTMENTS:
1. Before October 1 st - Each jurisdiction will be advised of the number of votes they are
entitled to cast for Board members. (See Attached)
2. Before October 15th - The governing body of each jurisdiction may nominate up to
five candidate(s) to the DCAD Board of Directors. The number of votes that each
jurisdiction has is not relevant in the initial nomination phase.
3. Before October 30th - A comprehensive list of the nominees will be compiled and this
information will be sent to the taxing jurisdictions in the form of a ballot.
4. Before December 15th - The taxing jurisdictions choose by written resolution the
candidate, or candidates, of their choice. The jurisdictions then submit the names of
their candidates and the votes they cast for each candidate before the December 15th
deadline.
5. Before December 31 st — A tabulation of the votes will be forwarded to the
jurisdictions. The five candidates that have received the most votes become the Board
of Directors as of January 1st.
PHONE: (940) 349 -3800 METRO: (972) 434 -2602 FAX: (940) 349 -3801
Memo, Appointing Board of Directors, August 28, 2015 Page 2
SELECTING A NOMINEE
AUTHORITATIVE GUIDELINES - The selection process is set forth in Section 6.03 of
the Property Tax Code. This process is not an "election" governed by the Texas
Election Code. It is an independent procedure unique to the property tax system.
ELIGIBILITY - An appraisal district director must reside in the appraisal district for at
least two years immediately preceding the date he or she takes office. Most residents
are eligible to serve as a director. An individual that is serving on the governing body of
a city, county, or school district is eligible to serve as a director.
An employee of a taxing unit served by the appraisal district is not eligible to serve as a
director. However, if the employee is an elected official, he or she is eligible to serve.
A statute relevant to the Board selection process prohibits nepotism and conflict of
interest for appraisal district directors and chief appraisers. In summary, the law states
that:
.......... "a person may not serve as director if closely related to anyone in the appraisal
district or if related to anyone who represents owners in the district, or if the person has
an interest in a business that contract with the district or a taxing unit. A chief appraiser
may not employ someone closely related to a member of the board of directors ".
FREQUENCY OF MEETINGS - The applicable statutes require the board of directors to
meet not less often than once each calendar quarter.
NOMINATION FORM
Please return this form to DCAD before October 15, 2015. Reminder.... your jurisdiction
may nominate up to five candidates to the Denton Central Appraisal District Board of
Directors.
Please include the address and phone number of your nominees.
Name of your jurisdiction:
Name of nominee:
Name
Address
City I Zip,
Phone #
Return this form to:
Kathy Williams
Denton Central Appraisal District
P.O. Box 2816
Denton, TX 76202
DENTON CENTRAL APPRAISAL DISTRICT
2015 DISTRIBUTION OF VOTES
%OFTOTAL
NI I MBER
_j2tCjj0N
" S
2114 LEVY
LEVIES
M-
OF -VQLU
SCI 1001..
DISTRICTS:
SOI
AR(iYLI", ISD
1.3458516
67
S02
AUBRn'ISF)
0.7101%
36
S03
CARROL11"FON4,13 ISD
002089 89
-W,023,899�89�
2.8649%
k$2
SO4
CELINA ISD
325,442.361�
0.0233%41:
1
S05
DENTON ISD
183,02) 1,464.42
13.1005 %a
S15
ERA ISD
2 643A8
0.0002%1
t
S06
FRISCO ISD
92 76 -6:42 1.77,
,
6.6397%�
332
S07
KRUM ISD
1 1,743,505.34�
0 8406%1
42
101
LAKE DALLAS ISD
22,689,193.06
1.6241%1
81
S09
LEWISVILLE ISD
401,041,125.00
28.7062%j
1434
LITTLE ELM ISD
36 '337,787.05'
'�4387,
2.6010%i
130
S'l
S,o
NORTHWEST ISD
i:�
K S92
5.894N4,�,
294
S12
PILOT POINT ISD
6,396 745,62�,
0,4572%1,
23
S13
PONDER ISD
10,548:307.15!
0.75500/(
38
S17
PROWf.dP, ISD
1,453,625.324
0.10400/a
5
S14
!SANGER ISD
10,917,871.81
0.7815%
39
S16
'SLIDELL ISD
830,706.*
3
SCHOOL
DISTRICTS TOTALS
$929,148,865.87
_66.508%"
3322
GOI
'DENTON COUNTY
$174,365,27IA4
_� 12.48%
623
CITIES:
C26
TOWN OF ARGYLE...
1., 8 15,454,191
0.1299%1�
7
COI
'CITY OF AUBREY..-,'�
861,46 1.331
0.0617%'
3
C31
'TOWN OF BARTONVILLF,'..
507,555,69
0.0363%i
2
CO2
CITY OF CARROLLTON
31,836,174.01
2.2788%
113
C49
CITY OF CELINA ........
4,263.52
0.0003%
1
co
viTY101-11141 COLONY...
17,817,583.31
1.27,54%
64
C21
TOWN OF COPPE, LL
806,720.73
0.0577%
3
C27
TOWN OF COPPER CANYON
560,758.23;
0.0401 %I
2
C(A
CITY OF CORINTH ......
9,154:001.96�
0.6556%t
33
('47
'CITY OF CORRAL CITY
1 1,OF7,311
0.0008%I
C20
I (Tl Y OF DALLAS.......
8,691,816.17
o 6 21n, %!
31
C05
(CITY OF DENTON.......
54,412,506.1 1
3.89480/(
192
C42
CITY OF DISH .........
77,697.61
0:6056-;
1
1,'30
TOWN OFDOI OAK.-
829,829.97
0.0594%�
3
C07
C36
TOWN OF FLOWER MOUND.
CITY OF FORT WORTI L. . ....
34,261,080.62
9,742,096.94
2.4524%1
0.6973%�
123
35
CITY OF FRISCO�
31,660,65949�
2.2662%
113
C39
CITY OF GRAPEVINE...,,,,
280.09;
0.0000%
1
C22
TOWN OF I IACKBFRRY
103,685.94
0.0074%
1
C38
CITY OF HASLET....,
9,951.38
0.0007%
1
C19
TOWN OF HICKORY CREEK....
1,414,544.68
0.1013%
5
C08
("ITY OF 111(111LAND VII LAGI`,'-.
10,M7,505.98
0.73496/.
37
C09
CITY OF JUSTIN.......
1,578,203,21
0.1130%
C18
CITY OF KRubERVILLE..
414,492,77
0.0297%j
1
CIO
!CITY OF KRUM.,,.,-,,
1,619,817.82
0.1159 %,
6
Cl I
CITY OF LAKE DALLAS..
2,485,244.95
0.1779%
9
C25
LAKE',W001) VILLAOIL-1.
232,757.98
0.0167%1
1
C12
CITY OF LEWI I SV I ILLE...
33,S83,151 221
2.42530/(
120
C13
TOWN OF , LITTLE ELM-
13,601,601.198
0.9736;.�
49
C33
TOWN OF NORTHLAKE....
751,604.76
0.0538Z
3
C24
CITY OF OAK POINT....
1,627,926.72
0.1165%
6
04
CITY OF PILOT POINT.
1,368,792.79
5
C29
CITY OF PLANO ....... -
4,460,055.39
0.3192%
16
C15
TO" OF PONDER .......
567 978.69
0.0407%
2
048
CITY OF PROSPER
362,118.93
0.0259%
1
C17
CITY OF RdANOKE,,,-,,
51253,028.87,
0.3760%�
19
C16
CITY OF SANGER.......
2,965,119,05`
0.2122% 1
11
C34
TOWN OF SHADY SHORES
72S,392.33
0.0518%
3
C37
CITY OF SOUTHLAKE ....
11 575 949 97
0.6412%
2
C28
CITY OF TROPHY CLUB..
6,2116,540,781
0.4450%1
22
C44
;CITY OF WESTLAKE
0.0001%,
1
CITY TOTAL
$293,54090.41
21.01 %'
TOTAI All-JURISDICTIONS
$1.397.055.027.72
IOO.00%j
5000
2014 -2015
DENTON CENTRAL APPRAISAL DISTRICT
BOARD OF DIRECTORS
CHARLES STAFFORD Chairman
1903 Williamsburg Row
Denton, Texas 76209
JOHN MAHALIK Vice- Chairman
2648 Newcastle Dr®
Carrollton, TX 75007
CONNIE SMITH Secretary
2700 Pecan Leaf Ln®
Flower Mound, TX 75022
DAVID TRRE Member
3941 Teal Cove
The Colony, TX 75056
BRENDA LATHAM Member
1553 Parkside Trail
Lewisville, TX 75077
MICHELLE
MI i�
P.O. Box 90223
Denton, Texas 76202
sAlegal\our documents \res01uti0ns \15 \nominate central appraisal district resolution.doc
RESOLUTION NO.
A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE
DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the term of office for the Board of Directors of the Denton Central
Appraisal District will expire on December 31, 2015; and
WHEREAS, the City of Denton, Texas wishes to nominate members to said Board;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City of Denton, Texas, hereby nominates Charles Stafford and David
Terre as members to the Board of Directors of the Denton Central Appraisal District for two -year
terms to commence January 1, 2016.
SECTION 2. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 12015.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -950, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Development Services /Economic Development
ACM: Jon Fortune
Date: October 13, 2015
SUBJECT
Consider approval of a resolution allowing Denton Rugby Football Club, Inc., to be the sole participant allowed
to sell alcoholic beverages at Friends With Benefits Presents: North Texas Hot Shots, on October 17, 2015,
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.
BACKGROUND
Denton Rugby Football Club, Inc., was established in 1972 and holds several championship wins. In- between
their matches and two -a -week practices at North Lakes Park, the team is enthusiastic about volunteering in the
Denton community. They routinely assist the Denton Main Street Association for events such as Arts,
Antiques, and Autos, as well as for other non - profit groups such as Denton Holiday Lighting and Friends With
Benefits.
Established three years ago, Friends With Benefits (FWB) is a 501(c)(3) organization in Denton whose goal is
to benefit North Texas charitable organizations to enhance our local communities, schools, and neighborhoods.
Each year, FWB chooses a cause and then identifies anywhere from one to three charitable organizations that
fit the theme for the year to benefit. Their goal is to organize fun events in Denton for the purpose of raising
funds and awareness for North Texas charitable organizations and causes.
This year's theme is "First Responders," specifically Michael's Memories, which provides all - expense paid
vacations for firefighters with cancer and their families, giving them the opportunity to escape the stress,
trauma, and financial impact that cancer treatment creates. Additionally, this event will benefit The Russ Martin
Show Listeners Foundation which supports the families of Dallas /Fort Worth police officers and firefighters
who have courageously fallen in the line of duty. FWB plan to raise funds and awareness to support these two
foundations by hosting a special event that includes a live music concert, food trucks, silent auction, bags
tournament, and kids' activities that include arts and crafts by SCRAP Denton and More Fun Comics and
Games. Adults will be able to purchase beer and wine at the event from the Denton Rugby Football Club.
In 2014, FWB raised funds for new Denton Animal Shelter by hosting Paws for a Cause. A concert was held in
2013 for The Fry Street for Friends. Additionally, on October 3, 2015, they hosted the 9h Annual Fry Street
Oktoberfest and Fun Run. The 5k fun run was held at UNT and festivities held at Lucky Lou's.
RECOMMENDATION
City of Denton Page 1 of 2 Printed on 10/9/2015
File M ID 15 -950, Version: 1
Staff recommends approval of the request from Denton Rugby Football Club, Inc., to be the sole participant
allowed to sell alcoholic beverages on City property for the special event Friends With Benefits Presents: North
Texas Hot Shots on October 17, 2015.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
EXHIBITS
Exhibit A - Request to Sell Alcohol
Exhibit B - Resolution and Agreement
Respectfully submitted:
Aimee Bissett
Director of Development Services
Prepared by:
Christina Davis
Economic Development Specialist
City of Denton Page 2 of 2 Printed on 10/9/2015
Alcohol Variance for 2015 Friends with Benefit Hot Shots Concert Event
The organizers of the Friends with Benefits would like to ask the Denton City Council to approve a
variance to allow for the sale of alcohol (beer only) within the lot at 300 E. McKinney Street during the
concert on October 17, 2015 from noon -6pm. Friends with Benefits will partner with Denton Rugby and
Ben E. Keith to be a TABC certified event. All servers will be TABC certified. Denton Rugby and the City of
Denton will be additionally insured on the event insurance purchased.
sAlegal\our documents \resolutions \15 \alcohol sales - denton rugby football club for friends with benefits nt hot shots.docx
RESOLUTION NO.
A RESOLUTION ALLOWING DENTON RUGBY FOOTBALL CLUB, INC. TO BE
ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FRIENDS WITH BENEFITS
PRESENTS: NORTH TEXAS HOT SHOTS, OCTOBER 17, 2015, 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.
WHEREAS, the City Council finds that it is in the public interest to select a vendor of
alcoholic beverages for the Friends with Benefits Presents: North Texas Hot Shots; and
WHEREAS, Denton Rugby Football Club has requested that they be allowed to sell
alcoholic beverages at this year's Friends with Benefits Presents: North Texas Hot Shots,
October 17,2015; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. Denton Rugby Football Club shall be a participant allowed to sell alcoholic
beverages at Friends with Benefits Presents: North Texas Hot Shots upon the following
conditions:
They shall be responsible to obtain the temporary license and permit for
selling alcoholic beverages approved by appropriate state agency;
2. They shall provide the security necessary for the sale of alcoholic
beverages;
3. They shall provide general comprehensive liability insurance from a
responsible carrier, with the City as an additional insured, in the amount of
$500,000.00;
4. They shall provide Liquor /Dram Shop Liability in the amount of $250,000
per occurrence;
5. They agree to indemnify the City of Denton against any liability incident
to the selling of alcoholic beverages at Friends with Benefits Presents:
North Texas Hot Shots.
SECTION 2. The City Manager, or his designee, is authorized to execute an agreement
in conformity with this Resolution, which shall be substantially in the form of the agreement
attached hereto and made a part hereof by reference.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
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PASSED AND APPROVED this the day of , 2015.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
c
BY:.
CHRIS WATTS, MAYOR
Page 2 of 2
CITY OF DENTON AGREEMENT WITH
DENTON RUGBY FOOTBALL CLUB, INC.
STATE OF TEXAS §
COUNTY OF DENTON §
This Agreement, made this day of , 2015, by and between the
City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and DENTON
RUGBY FOOTBALL CLUB, INC.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1
GENERAL
The City grants to DENTON RUGBY FOOTBALL CLUB, INC. the privilege to sell
alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the
FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT SHOTS on OCTOBER 17,
2015, to be held in the E. McKinney — E. Oak Parking Lot. This privilege does not extend
beyond the date(s) of the FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT
SHOTS set for the year 2015.
ARTICLE 2
SCOPE OF SERVICES
DENTON RUGBY FOOTBALL CLUB, INC. in order to exercise the privilege to sell
alcoholic beverages, must perform the following:
A. DENTON RUGBY FOOTBALL CLUB, INC. shall be solely responsible for the rental
and payment for any booth space necessary for the sale of alcoholic beverages at the
FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT SHOTS.
B. DENTON RUGBY FOOTBALL CLUB, INC. shall be solely responsible to obtain any
temporary license and permit necessary for the selling of alcoholic beverages at the
FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT SHOTS.
C. DENTON RUGBY FOOTBALL CLUB, INC. shall be solely responsible for obtaining
and paying for any security necessary for their sale of alcoholic beverages at the
FRIENDS WITH BENEFITS PRESENTS: NORTH TEXAS HOT SHOTS.
D. DENTON RUGBY FOOTBALL CLUB, INC.' S failure to do any of the above and to
show proper proof of compliance shall waive their right to exercise the privilege of
hAdtip events \events\fiiends with benefits\fwb tx hotshots - alcohol dentonrugbyfootballclub.docx
selling alcoholic beverages at the FRIENDS WITH BENEFITS PRESENTS: NORTH
TEXAS HOT SHOTS.
ARTICLE 3
LOCAL RULES AND REGULATION
DENTON RUGBY FOOTBALL CLUB, INC. agrees to abide by all municipal, county,
state and federal laws, ordinances, rules and regulations and specifically, without limitation, to
obtain all necessary and proper licenses, permits and authorizations, and to comply with the
requirements of any duly authorized person acting in connection therewith. DENTON RUGBY
FOOTBALL CLUB, INC. shall pay all taxes, if any, of every nature and description arising out
of or in any manner connected with the sale of alcoholic beverages.
DENTON RUGBY FOOTBALL CLUB, INC. will exercise reasonable care and due
diligence in their sale of alcoholic beverages at the FRIENDS WITH BENEFITS PRESENTS:
NORTH TEXAS HOT SHOTS.
ARTICLE 4
INDEMNITY AGREEMENT
DENTON RUGBY FOOTBALL CLUB, INC. shall indemnify and save and hold
harmless the CITY and its officers, agents, and employees from and against any and all liability,
claims, demands, losses, and expenses, including but not limited to, court costs and reasonable
attorney fees incurred by the CITY, and including, without limitation, damages for bodily and
personal injury, death and property damage, resulting from the negligent acts or omissions of
DENTON RUGBY FOOTBALL CLUB, INC. or its officers, shareholders, agents, or employees
in the execution, operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 5
INSURANCE
During the performance of the Agreement, DENTON RUGBY FOOTBALL CLUB,
INC. shall maintain the following insurance with an insurance company licensed to do business
in the State of Texas by the State Insurance Commission or any successor agency that has a
rating with Best Rate Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate.
Page 2
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B. Liquor /Dram Shop Liability in the amount of $250,000 per occurrence for any event
occurring on City -owned property where alcohol will be provided or served.
C. DENTON RUGBY FOOTBALL CLUB, INC. shall furnish insurance certificates or
insurance policies at the CITY'S request to evidence such coverages. The insurance
policies shall name the CITY as an additional insured on all such policies, and shall
contain a provision that such insurance shall not be canceled or modified without written
notice to the CITY and DENTON RUGBY FOOTBALL CLUB, INC. In such event,
DENTON RUGBY FOOTBALL CLUB, INC. shall, prior to the effective date of the
change or cancellation, serve substitute policies fiirnishing the same coverage.
ARTICLE 6
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
DENTON RUGBY FOOTBALL CLUB, INC. CITY OF DENTON:
Scott Waltz City Manager
707 Ridgecrest Cir 215 E. McKinney
Denton, TX 76205 -5411 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE 7
ENTIRE AGREEMENT
This Agreement, consisting of five (5) pages and 0 exhibits, constitutes the complete and
final expression of the agreement of the parties, and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications, and agreements which
may have been made in connection with the subject matter hereof.
ARTICLE 8
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
Page 3
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ARTICLE 9
DISCRIMINATION PROHIBITED
In performing the services required hereunder, DENTON RUGBY FOOTBALL CLUB,
INC. shall not discriminate against any person on the basis of race, color, religion, sex, national
origin or ancestry, age, or physical handicap.
ARTICLE 10
PERSONNEL
DENTON RUGBY FOOTBALL CLUB, INC. represents that it has or will secure, at its
own expense, all personnel required to perform all the services required under this Agreement.
Such personnel shall not be employees or officers of, or have any contractual relations with the
CITY.
ARTICLE 11
ASSIGNABILITY
DENTON RUGBY FOOTBALL CLUB, INC. shall not assign any interest in this
Agreement, and shall not transfer any interest in this Agreement (whether by assignment,
novation, or otherwise) without the prior written consent of the CITY.
ARTICLE 12
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE 13
MISCELLANEOUS
A. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the State
of Texas.
B. The captions of this Agreement are for informational purposes only, and shall not in any way
affect the substantive terms or conditions of this Agreement.
Page 4
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IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and DENTON RUGBY FOOTBALL CLUB,
INC. has executed this Agreement through its duly authorized undersigned officer on this the
day of , 2015.
CITY OF DENTON, TEXAS
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
1I
IC
DENTO , ��BY 00 BA L CLUB, INC.
BY:�e.
SCOTT WALTZ
Page 5
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -951, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Development Services /Economic Development
ACM: Jon Fortune
Date: October 13, 2015
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of the third annual Friends With
Benefits Presents: North Texas Hot Shots at the E. McKinney and E. Oak Street parking lot on Saturday,
October 17, 2015, from noon to 6 p.m. The exception is specifically requested to increase sound levels from 70
to 75 decibels for amplified sound.
BACKGROUND
Established (3) three years ago, Friends With Benefits (FWB) is a 501(c)(3) organization in Denton whose goal
is to benefit North Texas charitable organizations to enhance our local communities, schools, and
neighborhoods. Each year, FWB chooses a cause and then identifies anywhere from (1) one to (3) three
charitable organizations that fit the theme for the year to benefit. Their goal is to organize fun events in Denton
for the purpose of raising funds and awareness for North Texas charitable organizations and causes.
This year's theme is "First Responders," specifically Michael's Memories, which provides all - expense paid
vacations for Firefighters with cancer and their families, giving them the opportunity to escape the stress,
trauma, and financial impact that cancer treatment creates. Additionally, this event will benefit The Russ Martin
Show Listeners Foundation which supports the families of Dallas /Fort Worth Police officers and Firefighters
who have courageously fallen in the line of duty. FWB plan to raise funds and awareness to support these two
foundations by hosting a special event that includes a live music concert, food trucks, silent auction, bags
tournament, and kids' activities that include arts and crafts by SCRAP Denton and More Fun Comics and
Games. Adults will be able to purchase beer and wine at the event from the Denton Rugby Football Club. The
event will be free for the public attend, but will charge a fee to participate in activities or for food and
beverages.
In 2014, FWB raised funds for new Denton Animal Shelter by hosting Paws for a Cause. In 2013 a concert was
held for The Fry Street for Friends. Additionally, on October 3, 2015, they hosted the 9h Annual Fry Street
Oktoberfest and Fun Run. The 5k fun run was held at UNT and festivities held at Lucky Lou's.
RECOMMENDATION
Staff recommends approval of the request from FWB for an exception to the noise ordinance for the purpose of
a live music outdoor concert Saturday, October 17, 2015, from noon to 6 p.m. The exception is specifically
requested to increase sound levels from 70 to 75 decibels for amplified sound.
City of Denton Page 1 of 2 Printed on 10/9/2015
File M ID 15 -951, Version: 1
EXHIBITS
Exhibit 1 - Request for Noise Exception
Respectfully submitted:
Aimee Bissett
Director of Development Services
Prepared by:
Christina Davis
Economic Development Specialist
City of Denton Page 2 of 2 Printed on 10/9/2015
Sound Variance for 2015 Friends with Benefit Hot Shots Concert Event
The organizers of Friends with Benefits would like ask the Denton City Council to approve a sound
variance for the lot at 300 E. McKinney Street for the purpose of an outdoor music concert on October
17, 2015 from noon -6pm. Friends with Benefits would like to request a sound variance not to exceed 75
dba between the hours of Noon and 6pm on the day previously listed. Friends with Benefits will conform
to the guidelines laid out in the City of Denton Community Events Manual.
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -960, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Development Services /Economic Development
ACM: Jon Fortune
Date: October 13, 2015
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of the third annual Industrial Street
Pop Festival on the 100 block of Industrial Street, on Sunday, October 18, 2015 from noon to 10 p.m. The
exception is specifically requested to increase sound levels from 70 to 75 decibels.
BACKGROUND
The Industrial Street Pop Festival is a tribute to the 1969 Texas International Pop Festival where artists such as
Led Zeppelin, Janis Joplin, Santana, Sly & the Family Stone, and B.B. King performed in neighboring
Lewisville, TX. It's rumored that this festival was a precursor to Woodstock.
This year, four bands will perform cover songs of Steely Dan, The Band, Led Zepplin, and Crosby, Stills, Nash
and Young, at the third annual Industrial Street Pop Festival, also known as Geezer Palooza. Event organizers
are expecting their largest attendance this year and are planning on approximately 500 people attending to
enjoy live music, participate in a 60's trivia contest, and visit with arts and crafts vendors.
This year's event proceeds will benefit the Denton Salvation Army, the Convention and Visitor's Bureau,
Denton Main Street, Holiday Lighting, and Serve Denton.
RECOMMENDATION
Staff recommends approval of the request from Industrial Street Pop Festival for an exception to the noise
ordinance for the purpose of a live music outdoor concert Sunday, October 18, 2015, from noon to 10 p.m. The
exception is specifically requested to increase sound levels from 70 to 75 decibels for amplified sound.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The City Council approved a request for exception to the noise ordinance to be increased from 70 to 75
decibels for the Industrial Street Pop Festival on October 15, 2014.
EXHIBITS
Exhibit 1 - Request for Noise Exception
Respectfully submitted:
Aimee Bissett
Director of Development Services
City of Denton Page 1 of 2 Printed on 10/9/2015
File M ID 15 -960, Version: 1
Prepared by:
Christina Davis
Economic Development Specialist
City of Denton Page 2 of 2 Printed on 10/9/2015
I I r
Ir
To Whom It May Concern,
We are requesting a noise exception and increase in DBA to 75 for an outdoor
community musical festival, benefiting the Denton Salvation Army.
Location: Dan's Silverleaf/Inclustrial Street
Activities: Music and community booths
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
Legislation Text
File #: ID 15 -926, Version: 1
Agenda Information Sheet
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with
Attorneys - Under Texas Government Code Section 551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential
acquisition of real property interests in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton
County, Texas, and being generally located in the 900 block of W. Collins Street (Block 4, Hillside Addition,
City and County of Denton, Texas). Consultation with the City's attorneys regarding legal issues associated
with the acquisition of the real property interests described above where a public discussion of these legal
matters would conflict with the duty of the City's attorneys to the City of Denton and the 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. [Eagle Substation]
City of Denton Page 1 of 1 Printed on 10/9/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
File #: ID 15 -978, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Consultation with Attorneys - Under Texas Government Code §551.071.
Consult with the City's Attorneys on the status, strategy, and potential resolution of litigation styled, Bishop v.
City of Denton, Texas and Darius M. Porter, Cause No. 4:14 -CV -608, currently pending in the US District
Court for the Eastern District of Texas, Sherman Division.
City of Denton Page 1 of 1 Printed on 10/9/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENT' IN
File #: ID 15 -1014, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section
551.087.
Receive a report and hold a discussion regarding economic development issues regarding a proposed economic
development incentive agreement for Project Cartoon. This discussion shall include commercial and financial
information the City Council has received from Project Cartoon, a business prospect, which the City Council
seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is
conducting economic development negotiations; deliberate the offer of a financial or other incentive to Project
Cartoon.
City of Denton Page 1 of 1 Printed on 10/9/2015