HomeMy WebLinkAboutMarch 27, 2007 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
March 27, 2007
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Special Called Work Session on Tuesday, March 27, 2007 at 5:00 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:
1. Receive a report, hold a discussion and give staff direction regarding the current status of
the Hickory Creek 319 grant.
2. Receive a report from the Chairman of the Capital Improvement Oversight Committee,
hold a discussion, and give staff direction regarding the CIP Oversight Committee
recommendations.
3. Requests for clarification of agenda items listed on the agenda for March 27, 2007.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. Deliberation regarding personnel matters – Under TEXAS GOVERNMENT
CODE Section 551.074.
1. Deliberate and discuss the evaluation of the City Attorney, the Municipal
Court Judge, and the City Manager, including a discussion of performance
measures for and the duties of the City Council appointees.
ANY FINAL A CTION, 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.
Special Called Regular Meeting of the City of Denton City Council on Tuesday, March 27, 2007
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:
City of Denton City Council Agenda
March 27, 2007
Page 2
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
“Honor the Texas Flag – I pledge allegiance to thee, Texas, one and indivisible.”
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
B. March Yard of the Month Awards
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. Citizens may speak on items listed on the
Consent Agenda. A Request to Speak Card should be completed and returned to the City
Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda
items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A – P). 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 – P below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance approving the City Manager to execute a
financial advisory services agreement between the City of Denton and First
Southwest Company, approving the expenditure of funds therefor, and providing
for an effective date.
B. Consider adoption of an ordinance approving the City Manager to execute a bond
counsel agreement between the City of Denton and McCall, Parkhurst & Horton,
LLP, approving the expenditure of funds therefor, and providing for an effective
date.
C. Consider approval of a resolution appointing members to the Board of Directors
of the Denton Health Facilities Development Corporation; dissolving the Denton
Retirement and Nursing Center Finance Authority; and providing for an effective
date.
D. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the Denton Christian Preschool
to assist with the costs of purchasing a new bus for low income students;
providing for the expenditure of funds therefor; and providing for an effective
date.
City of Denton City Council Agenda
March 27, 2007
Page 3
E. Consider approval of the minutes of:
February 6, 2007
February 13, 2007
February 20, 2007
March 5, 2007
March 6, 2007
F. Consider approval of a tax refund for the following property tax:
Tax
Name Reason Amount
Year
1.Windjammer Ltd Overpayment 2006$712.73
G. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of Russell Newman, Market and Blake
Streets paving and drainage improvements for the City of Denton; providing for
the expenditure of funds therefore; and providing an effective date (Bid 3645–
Russell Newman, Market and Blake Paving and Drainage Improvements awarded
to Jagoe-Public Company in the amount of $1,424,246.95).
H. Consider adoption of an ordinance approving an addendum to a Fixed Base
Operator Airport Lease Agreement approved by ordinance 2005-376 dated
December 13, 2005, between the City of Denton, Texas and BAM Denton
Management Ventures, L.L.C. on approximately 21,842 square feet of land at the
Denton Municipal Airport; and providing an effective date. The Airport Advisory
Board recommends approval (6-0).The Mobility Committee recommends
approval (2-0).
I. Consider approval of the Parks, Recreation and Beautification recommendation to
select Paula Collins as the artist for the Quakertown mural to be located in the
Civic Center building. Project budget not to exceed $13,500. The Parks,
Recreation and Beautification Board recommends artist approval (6-0). The
Public Art Committee recommends artist approval (7-0).
J. Consider approval of a resolution allowing Mi Casita Mexican Food to be the sole
participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration
on May 5, 2007, upon certain conditions; authorizing the City Manager or his
designee to execute an agreement in conformity with this resolution; and
providing for an effective date. The Parks, Recreation and Beautification Board
recommends approval (6-0).
K. Consider a request for an exception to the Noise Ordinance for the purpose of a
music festival, Fry Street Concert Series, conducted by D.H.S. Entertainment in
the area of Fry Street, behind Lucky Lou’s and Riprocks. The event is to be on
Saturday, April 7, 2007, from 2:00 p.m. to 8:30 p.m. The exception is specifically
requested for an increase in the maximum allowable decibels for an outdoor
music festival from 70 decibels to 75 decibels.
City of Denton City Council Agenda
March 27, 2007
Page 4
L. Consider a request for an exception to the Noise Ordinance for the purpose of a
music festival, Fry Street Fair, conducted by Delta Lodge, located at the North
Texas State Fairgrounds. The event is to be held on Saturday, April 14, 2007,
from 12:00 p.m. to 10:00 p.m. The exception is specifically requested for an
increase in the maximum allowable decibels for an outdoor music festival from 70
decibels to 74 decibels.
M. Consider adoption of an ordinance of the City of Denton, Texas amending
Ordinance No. 2007-030 ordering the May 12, 2007 election to provide for a joint
election under interlocal cooperation agreements between the City of Denton,
Texas and the County of Denton, Texas; and providing an effective date.
N. Consider approval of a resolution of the City of Denton, Texas, opposing a
moratorium on Comprehensive Development Agreements (CDA’s); and
providing an effective date. The Mobility Committee recommends approval (2-
0).
O. Consider adoption of an ordinance renewing and approving an employment
agreement between the City of Denton and Edwin M. Snyder as the City Attorney
of the City of Denton; approving a salary increase pursuant to the Performance
Review Provision in the Employment Agreement; authorizing the expenditure of
funds; and providing an effective date.
P. Consider adoption of an ordinance approving a salary increase for Robin A.
Ramsay, Municipal Court Judge, pursuant to the Performance Review Provisions
in the Employment Agreement between the City of Denton and Robin A.
Ramsay; authorizing the expenditure of funds; and providing an effective date.
4.PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance regarding a
Comprehensive Plan Amendment from “Neighborhood Centers” “Existing Land
Use” and “Community Mixed Use Centers” land use designations to “Regional
Mixed Use Centers” and “Neighborhood Centers” land use designations on
approximately 153 acres of land located on the north side of U.S. Highway 380
(West University Drive) between Interstate Highway 35N and Bonnie Brae Street.
The site is currently zoned a combination of Neighborhood Residential 3 (NR-3),
Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential
Mixed Use (NRMU) and Community Mixed Use General zoning districts.
(CA06-0008, Rayzor Ranch) The Planning & Zoning Commission recommends
approval (7-0).
B. Hold a public hearing and consider adoption of an ordinance defining an overlay
district classification, potentially applicable to approximately 410 acres of land,
generally located on both sides of West University Drive / U.S. Highway 380, and
being generally located between Interstate Highway 35 and Bonnie Brae Street;
rezoning 53.65 acres of land located therein, from the existing NRMU-12, NRMU
and CM-G zoning classifications and use designations to the RCC-D zoning
classification and use designation, as modified by the terms of the Rayzor Ranch
Overlay District classification defined by this ordinance; amending Chapter 35,
City of Denton City Council Agenda
March 27, 2007
Page 5
Subchapter 7 of the City of Denton Code of Ordinances, “Denton Development
Code”, “Special Purpose and Overlay Districts” to add section 35.7.13, “Rayzor
Ranch Overlay District”; providing for the regulation of land uses and
development standards for the Rayzor Ranch Overlay District; and establishing a
penalty in the maximum amount of $2,000.00 for violations thereof; severability
and an effective date.(Z06-0029 and Z06-0030, Rayzor Ranch) The Planning &
Zoning Commission recommends approval (7-0).
C. Hold a public hearing and consider adoption of an ordinance amending the
Denton Plan concerning Master Planned Communities in future land use
designations.(CA07-0003, Master Plan Community District) The Planning &
Zoning Commission recommends approval (7-0).
D. Hold a public hearing and consider adoption of an ordinance regarding
amendments to Subchapter 16 of the Denton Development Code concerning
recording of plats, construction of public improvements and building permits.
(DCA06-0017, Subchapter 16 Building Permits) The Planning and Zoning
Commission recommends approval (7-0).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of a single family residence through the
City of Denton Community Development Division; providing for the expenditure
of funds therefor; and providing an effective date (Bid 3710–Single Family New
Construction 816 Allen St. awarded to Delta One Construction Services in the
amount of $103,392).
B. Consider approval of a resolution of the City Council of the City of Denton
supporting legislative efforts contained in Senate Bill 12 by Senator Kip Averitt to
extend the Texas Emission Reduction Program, making modifications to the low
income repair and assistance program and implement other energy efficiency
measures; and providing for an effective date. The Mobility Committee
recommends approval (2-0).
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
a. Ryan Barrera regarding the Relay for Life.
b. Diane Kelly Bunch regarding Sons of Thunder.
c. Robert Donnelly regarding Denton Development Code.
d. Jordan Hudspeth regarding concerns of Southeast Denton.
e. Lanisha Hudspeth regarding concerns of Southeast Denton.
f. Hagar Hudspeth regarding concerns of Southeast Denton.
g. Willie Hudspeth regarding concerns of Southeast Denton.
City of Denton City Council Agenda
March 27, 2007
Page 6
D. New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
E. City Manager’s Report
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
C E R T I F I C A T E
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 ___________________, 2007 at ________o'clock
(a.m.) (p.m.)
__________________________________________
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS 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.
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Utilities – Environmental Quality Division
ACM: Howard Martin, 8232
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the current status of the
Hickory Creek 319 grant.
BACKGROUND
The Texas Commission on Environmental Quality (TCEQ) awarded a grant to the City of
Denton entitled “Control of Non-point Source Loads in the Hickory Creek Sub-basin of the Lake
Lewisville Watershed as a Component of a Watershed Based Water Quality Trading Program”.
The grant proposal was presented to the Public Utility Board (Exhibit 1) and the City Council
(Exhibit 2) during 2004. The grant was awarded to Denton in April 2005, and funds were
provided under the Clean Water Act’s Section 319 grant program. The primary goals of this
project are to examine ways to reduce sediment and nutrient loads to the Hickory Creek arm of
Lake Lewisville, and improve water quality by setting up a program that provides incentives for
management activities that enhance surface water resources. In a larger context, the goal of the
project is to provide a framework for determining the most efficient and cost-effective
management strategies for the watershed.
Currently, the grant is approximately 50 percent completed. The first half of the grant activities
have been mainly focused on data analyses, watershed modeling, and determining the location of
three storm water management demonstration sites within the City of Denton. The next phase
of the grant will be focused on using input from a stakeholder group, along with data analyses
completed to date, to put together a Watershed Protection Plan for the Hickory Creek watershed.
A substantial amount of resources will also be directed towards constructing the storm water
demonstration projects, and conducting preliminary monitoring of these projects. Because the
grant is near the halfway point to completion, and because of the large amount of grant activities
anticipated in the near future, staff felt it was important to provide an update to the Council.
The Hickory Creek watershed has been monitored extensively by the City of Denton over the
last six years. For the last year, 319 grant participants including Texas A&M University, the
University of North Texas, and CH2MHill consulting have used the monitoring data to perform
research on the Hickory Creek watershed. Using data collected by City of Denton staff,
modelers at Texas A&M University have created models of the watersheds of Denton. These
models were used in conjunction with economic analyses conducted by CH2MHill consulting to
provide a list of potential storm water management demonstration project sites. Two meetings
were then conducted with a stakeholder group to determine the three best sites for locating the
demonstration projects. The three sites chosen by the stakeholder group are Fire Station No. 7,
Denton Municipal Airport, and Lake Forest Dog Park (a.k.a. “Wiggley Field”). Concept
drawings of these sites are provided in Exhibit 3. The TCEQ has given final approval to these
sites, and once construction is completed, monitoring and modeling will be used to gauge the
effectiveness of the treatment devices in reducing pollutant loads. City of Denton crews are
currently constructing the treatment devices at Fire Station No. 7 within the next 4-6 weeks.
The TCEQ also requested that the project team develop a Watershed Protection Plan (WPP) for
Hickory Creek as a component of the current 319 grant. On February 23, City of Denton staff
conducted the first of a series of meetings planned for the WPP stakeholder group. The
meetings are intended to provide a forum for the project team to succinctly present information
to the stakeholder group. The stakeholder group, in turn, will provide suggestions and guidance
for developing the Hickory Creek Watershed Protection Plan.
OPTIONS
Staff has provided this information in order to update the Council on the current status of the
Hickory Creek 319 grant. Staff will provide additional information, clarification, or conduct
additional research if so directed. Staff is also seeking any direction from the Council
concerning the current grant activities.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
May 24, 2004 – Public Utilities Board
June 15, 2004 – City Council
EXHIBITS
1. Public Utilities Board Minutes – May 24, 2004
2. City Council Minutes – June 15, 2004
3. Hickory Creek 319 grant Presentation
Respectfully prepared and submitted by:
______________________________
Kenneth Banks, Manager
Division of Environmental Quality
1
2
3 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
4 May 24, 2004
5 Draft
6
7 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
8 present, the Public Utilities Board convened into an Open Meeting on Monday, May 24, 2004, at
9 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
10 Street, Denton, Texas.
11
12 PRESENT: Bill Cheek, Yolanda Guzman, George Hopkins, Charldean Newell, Dick
13 Smith and Don White
14
15 EX OFFICIO MEMBERS
16 Michael Conduff, City Manager
17 Howard Martin, ACM/Utilities
18
19 EXCUSED: John Baines
20
21
22 ITEMS FOR INDIVIDUAL CONSIDERATION:
23
24 6) Receive a report, hold a discussion, and give Staff direction regarding a Texas Commission on
25 Environmental Quality (TCEQ) Section 319, Non-point Source Grant that has been tentatively
26 offered to the City of Denton.
27
28 Kenneth Banks, Water Resource Program Manager, presented this item.
29
30 The primary goal of this proposed 319 project is to understand the nature of pollutant loads to
31 Hickory Creek and to examine the feasibility of taking measures to improve water quality in
32 advance of numerical criteria that may result in Lewisville LakeÓs being added to the StateÓs
33 303(d) list, which will force the development of a Total Maximum Daily Load.
34
35 Although Lake Lewisville is not currently on the 303(d) list, the Hickory Creek arm of the lake
36 has been listed as a ÐNutrient EnrichmentÑ concern for ammonia nitrogen during the 2002 and
37 2003 Water Quality Inventory conducted by the TCEQ.
38
39 Board Member Don White moved to pursue the grant, with a second from Board Member
40 Dick Smith. The motion passed by a vote of 6-0.
41
Page 1 of 1
EXHIBIT1
Exhibit 2
Exhibit 3
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Utility and CIP Engineering
ICM: Howard Martin, 8232
______________________________________________________________________________
SUBJECT
Receive a report from the Chairman of the Capital Improvement Oversight Committee, hold a
discussion, and give staff direction regarding the CIP Oversight Committee recommendations.
BACKGROUND
The CIP Oversight Committee held five meetings this year, receiving reports from staff on
project status and developing a user-friendly tracking and monitoring for the CIP projects.
During a five-year CIP, the timing of some projects may need to be adjusted to correspond with
other infrastructure improvements. Staff was directed to explore options on how to augment CIP
funding to allow for the completion of the approved CIP projects. Staff is proposing making
various changes to the current 5-year CIP in order to coordinate with various utility activities.
.
OPTIONS
Approve changes recommended by staff.
Approve but with alternative changes to the CIP.
Do not approve.
RECOMMENDATION
The CIP Oversight Committee recommends the following changes to the current 5-year CIP
schedule:
1. That staff continue to pursue agreements with TxDOT for sole-source funding and
improvements to U.S. Hwy. 377. It is recommended that the $1.2 million dollars already
programmed into the bond program for the Hobson Intersection Improvements at F.M. 1830
and U.S. Hwy. 377 (FY2004-FY2005) be reprogrammed to either the Western Boulevard or
Shady Oaks Drive and Brinker Road projects.
2. That available savings on projects be diverted to help compensate for shortfalls on Western
Boulevard, Shady Oaks Drive, Brinker Road and Hickory Creek Road.
3. That staff postpone the hiring of a consultant for survey and schematic preparation on
Mayhill Road until approval of the revised Mobility Plan by City Council. It is recommended
that the $500,000 already programmed into the bond program for the Mayhill Road project
be reprogrammed to either the Western Boulevard or Shady Oaks Drive and Brinker Road
projects.
4. That bond sales for the design of F.M. 1830 (Country Club Road) be postponed at a minimum one
fiscal year – Funding was approved for design only for this particular project. At this time it is not
known what TxDOT’s intent or timing is for the roadway; therefore, bond sales for the design of F.M.
1830 are recommended to be postponed at least until FY2007-FY2008.
Agenda Information Sheet
March 27, 2007
Page 2 of 2
In addition to these changes, it is also recommended that the Miscellaneous Roadway funding
from the FY2005 – FY2006 bond sales in the amount of $220,000 be utilized to help account for
a shortfall in the funding of the Russell Newman Boulevard project.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Chair of the CIP Oversight Committee made an initial update to Council on June 29, 2006
and a subsequent update with recommendation on October 3, 2006. This update provides
information and recommendations from the February 7, 2007 CIP Oversight Committee meeting.
EXHIBITS
1. Minutes from February 9, 2007 CIP Oversight Committee meeting
2. Agenda Item 3 from February 9, 2007 CIP Oversight Committee meeting.
3. Project summary sheet to be sent to DRA
Respectfully submitted:
Jim Coulter
Director Water/Wastewater Utilities
1 CITIZENS ADVISORY OVERSIGHT COMMITTEE AGENDA ITEM #1
2
3
4 DRAFT MINUTES
5 CITIZENS ADVISORY OVERSIGHT COMMITTEE
6 February 9, 2007
7
8 After determining that a quorum of the Citizens Advisory Oversight Committee of the City of
9 Denton, Texas was present, the Chair of the Citizens Advisory Oversight Committee announced
10 a quorum and convened into an Open Meeting on Friday, February 9, 2007 at 10:05 a.m. in the
11 City Council Work Session room, 215 E. McKinney Street, Denton, Texas to consider the
12 specific agenda items listed below.
13
14 Present: Chair Mark Burroughs, Roni Beasley, Randy Robinson, Rick Woolfolk (arrived at
15 10:23 a.m.) and Polly Diebel (arrived at 10:27 a.m.).
16
17 Staff: Jim Coulter, Director Water Utilities, Frank Payne, City Engineer, Linda Ratliff,
18 Director of Economic Development, Mark Nelson, Chief Transportation Officer,
19 Emerson Vorel, Interim Director of Parks and Recreation, Scott Langford, Interim
20 Police Chief, Bob Tickner, Superintendent of Parks & Recreation, Gary Calmes,
21 Utilities Finance Administrator, and Ann Forsythe, Boards and Committees
22 Coordinator.
23
24 1) Consider approval of the Citizens Advisory Oversight Committee minutes of:
25 a. September 7, 2006
26
27 The minutes were approved as circulated.
28
29 2) Receive a status update on transportation projects associated with the Five-Year Capital
30 Improvement Program.
31
32 Jim reminded the Committee that a lot of these projects do require significant engineering time
33 and significant right-of-way acquisition time and that can slow the nature of a transportation
34 project.
35
36 Frank Payne, City Engineer, stated that the city is preparing to sell additional bonds for the next
37 fiscal year and that this update is intended to provide a status on those projects. Payne stated that
38 staff had just received 60% design updates on three major road projects and that the news is not
39 exactly positive on the financial side.
40
41 Payne then presented his status update on active projects per budget year:
42
43 1.FY2004-FY2005
44 Fiscal year 2004 to 2005 would normally have started in October 2004; however, bond
45 funds for this fiscal year did not become available for use until after the election. The
46 effective period of the fiscal year was foreshortened to approximately 3 months, making
47 meaningful progress during the initial fiscal year difficult to achieve. The following
48 projects are in various stages of production:
Exhibit 1
1 Draft Minutes – Citizens Advisory Oversight Committee Meeting
2 February 9, 2007
3 Page 2 of 9
4
5
6 A. Mayhill Road – Funding was approved for design and ROW acquisition only for this
7 particular project. The consultant originally hired to perform the alignment study for
8 widening Mayhill Road in 2002, Teague Nall and Perkins, was retained to update the
9 study to reflect possible changes to the mobility plan (shifting the alignment to the
10 west north of the Colorado/State School intersection up to Spencer or Morse streets)
11 as well as platting changes to the affected area in the period of time since the original
12 study was prepared. Following the receipt of the updated schematic, a proposed
13 change to the Mobility Plan was carried forward to the Mobility Committee for
14 approval in January 2006. The Mobility Committee endorsed the revised route. Staff
15 then carried the Mobility Plan Amendments to the public for feedback, and returned
16 to the Mobility Committee with recommended modifications. The route
17 recommended by staff and endorsed by the Mobility Committee (shifting the
18 alignment to the west north of the Colorado/State School intersection up to Spencer
19 Road) was presented in a Public Hearing at the Planning and Zoning Commission on
20 August 23, 2006 and was approved unanimously. The revised Mobility Plan was
21 scheduled for consideration by City Council at the September 12, 2006 meeting;
22 however, this item was later removed for consideration so that the route could be
23 further analyzed. On October 20, 2006, a developer submitted an application to
24 preliminary plat the southwest corner of Mayhill Road and Spencer Road. The
25 preliminary plat application affected the proposed Mayhill Road realignment because
26 by right the developer did not have to dedicate right-of-way for a roadway that is not
27 currently on the Mobility Plan. What this meant was that the developer was vested
28 with an alignment for Mayhill Road widened off the existing centerline and the
29 proposed realignment that ran though the subject property has to be reconfigured. At
30 the December 12, 2006 Council meeting, staff recommended that the Mayhill Road
31 realignment be removed from consideration with the other amendments and be
32 brought back at a later time after a new proposed realignment is identified and a
33 public meeting has been held. The Utility and CIP Engineering group, along with
34 Innovative Transportation Solutions (ITS), continues to pursue funding of the
35 construction phase of this project through the Texas Department of Transportation
36 (TxDOT) under the municipal highway classification and through the use of revenue
37 derived from State Highway 121 tolling. Requirements or restrictions on the
38 reimbursement of funds associated with this type of funding may protract the length
39 of time necessary to place a consultant under contract.
40
41 B. Shady Oaks Drive – Funding was provided for the design of this project in this fiscal
42 year. The Utility and CIP Engineering group prepared a schematic design of the
43 roadway. A proposal for the design of this roadway was solicited from Freese and
44 Nichols, Inc., and a professional services agreement was approved at City Council on
45 July 18, 2006. Design is underway, and construction is projected to begin in the
46 summer of 2007 with a one year projected timeframe for completion.
47
48
1 Draft Minutes – Citizens Advisory Oversight Committee Meeting
2 February 9, 2007
3 Page 3 of 9
4
5
6 C. Brinker Road – Funding was provided for the design and construction of this project
7 in this fiscal year. The Utility and CIP Engineering group prepared a schematic
8 design of the roadway. A proposal for the design of this roadway was solicited from
9 Freese and Nichols, Inc., and a professional services agreement was approved at City
10 Council on July 18, 2006. Design is underway, and construction is projected to begin
11 in the summer of 2007 with a one year projected timeframe for completion.
12
13 D. Hobson Lane Intersection Improvements at F.M. 1830 and U.S. Hwy 377 – This
14 project was funded for design initiation and construction in this fiscal year. TxDOT
15 is planning improvements to U.S. Hwy 377 that may complement or duplicate the
16 efforts associated with this project. Funding assistance was applied for through the
17 NCTCOG Partnership Program III process; therefore, detailed design efforts on the
18 project were delayed until the results of the grant application process could be
19 determined in order to avoid the loss of funds by spending them prematurely or prior
20 to a better understanding of the scope and possible benefits of the planned TxDOT
21 widening of U.S. Hwy. 377 project. In late February 2006, staff found out that
22 funding through the NCTCOG Partnership Program III process was unsuccessful.
23 Staff is exploring alternatives with the assistance of ITS to fund the entire widening
24 of U.S. Hwy. 377, the widening of the Union Pacific Railroad (UPRR) Bridge over
25 U.S. Hwy. 377 and the improvements to this intersection as a single project through
26 TxDOT, possibly freeing these funds for use on other projects. TxDOT has been
27 receptive to this strategy.
28
29 E. Western Boulevard – The ROW for this project has been established for the most
30 part. Staff has been meeting with the representative for the landowner in order to
31 complete ROW acquisition through this stretch of the roadway. The firm of Teague
32 Nall and Perkins was awarded a contract for the design of the project at the City
33 Council meeting held on March 21, 2006. Design is underway, and construction is
34 projected to begin in the summer of 2007 with a one year projected timeframe for
35 completion.
36
37 F. U.S. Hwy. 377 Bridge at Union Pacific Railroad –This project was previously
38 budgeted with GO bonds in 2002 at approximately $1.0 million dollars with matching
39 money from Denton County in the amount of $930,000.00, of which approximately
40 $1,372,778.00 remains. Project design is nearing completion; however, projected
41 construction costs of approximately $6.0 million dollars for the bridge still indicates
42 that a budget shortfall exists for this project. As discussed herein, staff is pursuing
43 the funding of this project, the intersection improvements at U.S. Hwy. 377 and F.M.
44 1830 and the widening of U.S. Hwy. 377 all as a single project through TxDOT in
45 exchange for the City of Denton performing the full environmental assessments for
46 the U.S. Hwy. 377 widening and bridge.
47
1 AIS – Citizens Advisory Oversight Committee Agenda Item #2
2 February 9, 2007
3 Page 4 of 9
4
5
6 2.FY2005-FY2006
7 Fiscal year 2005 to 2006 began on October 1, 2005; however, funds for use on the
8 projects approved in this particular fiscal year did not become available until July of
9 2006. As discussed for FY2004-FY2005, staff was hesitant to aggressively program
10 these projects forward prior to receiving notification of the results of the success of the
11 funding applications for them through the NCTCOG partnership program. The
12 following projects are slated for production in FY2005-FY2006:
13
14 A. Shady Oaks Drive/Brinker Road – Construction funding was originally slated for the
15 Shady Oaks project in this fiscal year. Both projects are being handled as a single
16 construction contract at this time, although this approach could be modified in the
17 future if project specific issues develop for either roadway (permitting issues,
18 affordability, ROW, etc.). Inasmuch as the construction of these projects will not
19 actually start until mid 2007, bond sales for the construction phase of Shady Oaks
20 were postponed until FY2006-FY2007. The ability to initiate the construction of
21 this project in the scheduled year will depend on the availability of funding for these
22 and other bond projects and the continuing trends in fuel prices and project bidding.
23
24 B. Western Boulevard – Construction funding was originally slated for this project in
25 this fiscal year. Inasmuch as the construction of this project will not begin until mid
26 to late 2007, bond sales for the construction phase of Western Boulevard were
27 postponed until FY2006-FY2007. The ability to initiate the construction of this
28 project in the scheduled year will depend on the availability of funding for this and
29 other bond projects and the continuing trends in fuel prices and project bidding.
30
31 3.FY2006-FY2007
32 Fiscal year 2006 to 2007 began on October 1, 2006; however, funds for use on the
33 projects approved in this particular fiscal year will not become available until July of
34 2007. The following projects are slated for production in FY2005-FY2006:
35
36 A. Shady Oaks Drive/Brinker Road – Construction is projected to begin in mid 2007.
37
38 B. Western Boulevard – Construction is projected to begin in late summer 2007.
39
40 C. F.M. 1830 (Country Club Road) – Funding was approved for design only for this
41 particular project. At this time it is not known what TxDOT’s intent or timing is for
42 the roadway; therefore, bond sales for the design of F.M. 1830 could be postponed at
43 least until FY2007-FY2008.
44
45 Financial Considerations
46 Funding considerations for transportation projects continue to be a major concern. Bidding
47 fluctuations associated with the hurricanes from last year together with rising fuel costs have
48
1 Draft Minutes - Citizens Advisory Oversight Committee Meeting
2 February 9, 2007
3 Page 5 of 9
4
5
6 produced a climate of uncertainty and inflation in estimating and actual pricing that continues
7 today. The CIP Oversight Committee warned City Council that projects slated for initiation in
8 the various years of the bond program may have to be revised in scope, delayed or even cut in
9 order to ensure the affordability of remaining projects. The following listing provides funded
10 project levels, projected project costs and other funding considerations for various transportation
11 projects.
12
13 Projects From the January 2005 Bond Election
14 A. Mayhill Road – Engineering and ROW acquisition for this project were budgeted in the
15 amount of $500,000.00 in FY2004-FY2005. The “Mayhill Road Route Study” report
16 prepared by Teague Nall and Perkins in February 2006 listed a preliminary opinion of
17 probable construction cost for this project at approximately $25.0 million dollars.
18 Engineering fees are expected to be as much as $2.0 million dollars, which would include
19 allowances for environmental clearances, permitting, modeling and geotechnical
20 investigations. As discussed, funding through TxDOT will be pursued by the classification
21 of Mayhill Road as a municipal highway. ROW acquisition was projected in the route study
22 report to cost as much as $9.0 million dollars, of which the City would be responsible for
23 100% of the costs under this program. With a 90/10 split with the State on construction
24 costs, the City’s total outlay projected at this time is approximately $13.5 million dollars for
25 this project. At this point, financial participation by the County and/or additional “cost
26 recovery” or funding as a result of Hwy. 121 tolling are an unknown. Available funding
27 from the bond election for this project is thought to be sufficient to cover the costs for
28 environmental studies, survey and schematic preparations. TxDOT typically prefers to
29 produce their own environmental studies for on-system projects, so consultants retained by
30 the State may actually perform this work.
31
32 B. Shady Oaks Drive and Brinker Road - Engineering and ROW acquisition in the amount of
33 $350,000.00 in FY2004-FY2005 and construction in the amount of $2,200,000.00 in
34 FY2006-FY2007 were budgeted for Shady Oaks Drive. Engineering and ROW acquisition in
35 the amount of $200,000.00 and construction in the amount of $710,000.00 were budgeted in
36 FY2004-FY2005 for Brinker Road. Denton County has committed to providing a total of
37 $800,000.00 for the construction of Brinker Road through an Interlocal agreement. These
38 projects are being treated as a single design project at this time. Total funding for both
39 projects is therefore $4,260,000.00. Freese and Nichols have projected an updated
40 preliminary opinion of probable construction cost for this project of as much as
41 approximately $4.82 million dollars. The total fee associated with Freese and Nichols’
42 professional services agreement is $381,583.00. ROW has been donated for Shady Oaks
43 Drive and the northern portion of Brinker Road; however, the section of ROW across the
44 American Legion tract on Spencer Road will have to be purchased. ROW for Spencer Road
45 across this same tract was purchased several years ago for approximately $6.00 per square
46 foot (SF). The needed ROW across the tract for Brinker Road is almost 150,000 SF, so using
47 $6.00/SF as a possible cost for the ROW, the use of this property could cost as much as
48 $900,000.00 or more. If these costs are valid, total project costs for constructing both Shady
1 Draft Minutes – Citizens Advisory Oversight Committee Meeting
2 February 9, 2007
3 Page 6 of 9
4
5
6 Oaks Drive and Brinker Road as 4-lane secondary arterials are projected to be as much as
7 $6.30 to $6.50 million dollars at this time. If construction is scaled back to two lanes only
8 for each roadway and other cost-cutting measures are pursued, the project costs may be able
9 to be reduced by as much as $750,000.00 to $1,000,000.00. The consultant has been
10 instructed to set up bidding documents with alternates for 2-lane and 4-lane construction. If
11 the listed potential savings are realized, the total projected shortfall for these two projects is
12 as much as $1.30 million dollars. If the entire project is constructed, the total projected
13 shortfall for these two projects is as much as $2.30 million dollars.
14
15 C. Hobson Lane Intersection Improvements at F.M. 1830 and U.S. Hwy. 377 and U.S. Hwy.
16 377 Bridge at Union Pacific Railroad - Engineering and ROW acquisition in the amount of
17 $100,000.00 and construction in the amount of $1,100,000.00 were budgeted in FY2004-
18 FY2005 for the Hobson Lane Intersection Improvements. Engineering and ROW acquisition
19 in the amount of $220,000.00 and construction in the amount of $1,780,000.00 were
20 budgeted in FY2007-FY2008 for the bridge project. A total of approximately $1.37 million
21 dollars remain from existing bond funds for the bridge project. As discussed, funding of all
22 U.S. Hwy. 377 improvements, including this intersection and bridge, are being pursued
23 through TxDOT. It is staff’s understanding that the City may then be responsible for paying
24 for the environmental studies required to clear the ROW for the entire project, which could
25 cost between $100,000.00 to $200,000.00. The total amount available from both the
26 intersection and bridge projects is approximately $4.57 million dollars. If the total outlay
27 from the City can indeed be limited to existing expenditures plus funding of the overall
28 environmental study for the project limits, it will be possible for the City to reprogram
29 upwards of $4.37 million dollars of the remaining money into other bond projects.
30
31 D. Western Boulevard – Engineering and ROW acquisition for this project are to be paid from
32 existing bond funds allocated for this project in the amount of approximately $780,000.00.
33 Construction funding for this project was budgeted in the amount of $3,640,000.00 in
34 FY2005-FY2006. Total project budget is therefore $4.42 million dollars. Teague Nall and
35 Perkins and staff have projected the preliminary opinion of probable construction cost at
36 60% design level to be as much as approximately $5.10 million dollars. Teague Nall and
37 Perkins’ professional services fee for the project was approved at $381,825.00. Total project
38 expenditures are currently estimated at approximately $5.50 million dollars plus inspections,
39 testing and other staff time. The estimate is higher than previously projected mainly as a
40 result of better numbers on drainage and other design features as the project design has
41 progressed, increased unit prices and paving section changes (thicker pavement than
42 budgeted and/or improved sub grade preparation). It appears that this project will have a
43 funding shortfall of as much as $1.39 million dollars at this time based on these numbers.
44
45
1 Draft Minutes – Citizens Advisory Oversight Committee Meeting
2 February 9, 2007
3 Page 7 of 9
4
5
6 Existing Projects
7 E. Vintage Boulevard – The Vintage Parkway Paving Improvements project was funded in
8 2003 as part of the Capital Improvements Program for the purpose of constructing
9 an extension of Vintage Parkway from Bonnie Brae Street to U.S. Highway 377. A total of
10 $1.90 million dollars was budgeted for the project, of which approximately $1.33 million
11 dollars have been expended to date for engineering, ROW acquisition, survey, construction
12 of the at-grade crossing of the railroad by Union Pacific Railroad (UPRR), testing of
13 materials, and construction of site grading and sub grade preparation. Approximately $0.57
14 million remains from the original funding. A total of $1.60 million dollars was appropriated
15 in this fiscal year through the sale of certificates of obligation. Bids were received on June
16 15, 2006 for the construction of Vintage Boulevard from Bonnie Brae to U.S. Hwy. 377,
17 with a low bid in the amount of $1,314,007.25, which was subsequently awarded to Jagoe-
18 Public Company at the City Council meeting on July 18, 2006. It is projected that an
19 additional amount of just over $700,000.00 will be required to fully complete the project,
20 covering such items as construction of the connector road to existing Vintage Boulevard on
21 the west side of Bonnie Brae, TxDOT mandated changes at U.S. Hwy. 377 (permit
22 comments were not received until after bids were already received), fencing contracts across
23 affected properties, additional consultant fees for permitting through FEMA, construction
24 materials testing, and other miscellaneous items. Total projected expenditures for
25 completion, including construction costs and additional projected costs, is therefore
26 approximately $2.10 million dollars. Total available funds for completion, including
27 remaining bond funds and additional appropriated monies, is approximately $2.17 million
28 dollars. It appears that this project is adequately funded at this time based on these numbers.
29
30 F. Hickory Creek Road – The Hickory Creek Road project was funded in 2000 as part of the
31 Capital Improvements Program for the purpose of constructing a widening of existing
32 Hickory Creek Road to a 4-lane divided section from F.M. 2181 (Teasley Lane) to Riverpass
33 Drive. A total of $2.25 million dollars was budgeted for the project, of which $1.50 million
34 dollars was provided through an agreement with Denton County. A total of approximately
35 $0.51 million dollars has been expended to date on ROW acquisition and engineering,
36 leaving a balance of approximately $1.74 million dollars, some of which will be needed to
37 wrap up the plans, bid the project, and provide for materials testing and inspection. The
38 consultant, Teague Nall and Perkins, produced a revised opinion of probable construction
39 cost of approximately $3.20 million dollars in early 2005, prior to the massive inflationary
40 trends seen beginning in the fall of 2005. If an inflationary amount of up to 35% is applied
41 to the estimate previously prepared, the total needed for construction is almost $4.32 million
42 dollars, or $2.58 million dollars more than is currently available in the project budget (could
43 be more or less depending on actual inflationary amounts and remaining expenditures).
44
45 Summary
46 The design alone of Mayhill Road appears to be under funded by as much as $1.50 million
47 dollars; however, progressing a roadway design project through 100% completion without ROW
48 acquisition (projected at $9.0 million dollars) would not be prudent. The total projected
1 Draft Minutes – Citizens Advisory Oversight Committee Meeting
2 February 9, 2007
3 Page 8 of 9
4
5
6 shortfall for Shady Oaks Drive and Brinker Road is projected at as much as $2.30 million
7 dollars. The total projected shortfall for Western Boulevard is projected at as much as $1.39
8 million dollars. The total projected shortfall for Hickory Creek Road is upwards of $2.58 million
9 dollars.
10
11 On the positive side, if staff is able to negotiate the funding of all U.S. Hwy. 377 improvements
12 through TxDOT, a possible funding surplus of $4.37 million dollars or more may be realized
13 from the bridge and intersection projects. In addition, Innovative Transportation Systems, Inc.,
14 the City’s regional transportation consultant, is projecting massive revenues available to all of
15 the entities in Denton County (TxDOT, County, etc.) through the tolling of Hwy. 121.
16
17 RECOMMENDATION
18 Staff recommends the following:
19 A. That staff continue to pursue agreements with TxDOT for sole-source funding and
20 improvements to U.S. Hwy. 377. It is recommended that the $1.2 million dollars already
21 programmed into the bond program for the Hobson Intersection Improvements at F.M. 1830
22 and U.S. Hwy. 377 (FY2004-FY2005) are reprogrammed to either the Western Boulevard or
23 Shady Oaks Drive and Brinker Road projects.
24 B. That available savings on projects be diverted to help compensate for shortfalls on Western
25 Boulevard, Shady Oaks Drive, Brinker Road and Hickory Creek Road.
26 C. That staff postpone the hiring of a consultant for survey and schematic preparation on
27 Mayhill Road until approval of the revised Mobility Plan by City Council. It is recommended
28 that the $500,000 already programmed into the bond program for the Mayhill Road project
29 be reprogrammed to either the Western Boulevard or Shady Oaks Drive and Brinker Road
30 projects.
31
32 The Oversight Committee stated that it would like to be of assistance to staff when negotiations
33 for easements/right-of-way with property owners impedes or halts the progress of any CIP
34 project.
35
36 Committee Member Rick Woolfolk moved to approve recommendations A through C with
37 the provision that the Western Boulevard project be treated as a higher priority than the
38 Shady Oaks and Brinker Road projects with a second from Committee Member Roni
39 Beasley. The motioned was approved by a 5-0 vote.
40
41 3) Receive a report, hold a discussion and give staff direction regarding the transfer of funds
42 from the Walnut Street CIP project for the construction of Cedar Street.
43
44 Staff pulled Item 3 for discussion stating that the bid document would be revised to include
45 drainage improvements. Staff would bring this item back at a future date for
46 consideration.
47
1 Draft Minutes – Citizens Advisory Oversight Committee Meeting
2 February 9, 2007
3 Page 9 of
4
5
6 4) ACM Update:
7 a. Status report on Downtown Transit Center Project
8
9 Committee Member Beasley asked if a decision had been made as to whether DCTA will put a
10 station by the railroad.
11
12 Mark Nelson, Chief Transportation Officer, stated that the station location of the platform has
13 been determined. It will be the west side of the rail line. What is being examined now is the
14 location of a bus transfer station.
15
16 Committee Member Woolfolk asked how pedestrian and bicycle traffic would cross at the Loop
17 now that the bridge had been removed.
18
19 Nelson replied that the plan is for a grate crossing.
20
21 b. CIP Reporting as of December 31, 2006
22
23 5) New Business: This provides an item for the Citizens Advisory Oversight Committee to
24 suggest items for future agendas or to request information from the City Manager.
25
26 1. Staff was directed to prepare a report and schedule a date for a Committee report to the City
27 Council.
28 2. Staff was directed to prepare a press release as a means of communicating with the public the
29 process and progress of the 5-Year CIP plan.
30 4. Committee Member Woolfolk asked about Granite Road and the cost to provide an access
31 road onto IH-35
32 5. Committee Member Diebel inquired about the feasibility of dumpsters located on the streets
33 west of the square being buried.
34
35 Ratliff replied that it would be very expensive as that design requires lift operation.
36
37 The meeting was adjourned by consensus at 11:11 a.m.
CITIZENS ADVISORY OVERSIGHT COMMITTEE AGENDA ITEM #2
CITIZENS ADVISORY OVERSIGHT COMMITTEE
AGENDA INFORMATION SHEET
AGENDA DATE: February 9, 2007
DEPARTMENT: Utilities Administration
ACM: Howard Martin
SUBJECT
Receive a status update on transportation projects associated with the Five-Year Capital
Improvement Program.
BACKGROUND
Overall Status
The bond election held in February 2005 approved a slate of projects for the Five-Year Capital
Improvement Program (CIP) for General Government. The Utility and CIP Engineering division
of Water Utilities is responsible for the planning and execution of the street and intersection
(transportation) and sidewalk projects associated with this CIP. The shortened nature of the
FY2004-FY2005 fiscal year together with the “holding pattern” implemented at that time in
anticipation of the possible receipt of funding through the North Central Texas Council of
Governments (NCTCOG) Partnership Program III Arterial Streets and Arterial Intersection
Projects program resulted in a delay of bond project progress.
Successful funding through the NCTCOG Program III Projects was not achieved. Considering
that fact and the rising cost of fuel and construction, the CIP Oversight Committee has advised
City Council that the CIP program may have to be restructured to ensure that the most critical
projects are funded.
The following listing provides a status update on active projects per budget year:
1.FY2004-FY2005
Fiscal year 2004 to 2005 would normally have started in October 2004; however, bond
funds for this fiscal year did not become available for use until after the election. The
effective period of the fiscal year was foreshortened to approximately 3 months, making
meaningful progress during the initial fiscal year difficult to achieve. The following
projects are in various stages of production:
A. Mayhill Road – Funding was approved for design and ROW acquisition only for this
particular project. The consultant originally hired to perform the alignment study for
widening Mayhill Road in 2002, Teague Nall and Perkins, was retained to update the
study to reflect possible changes to the mobility plan (shifting the alignment to the
west north of the Colorado/State School intersection up to Spencer or Morse streets)
as well as platting changes to the affected area in the period of time since the original
study was prepared. Following the receipt of the updated schematic, a proposed
Exhibit 2
AIS – Citizens Advisory Oversight Committee Agenda Item #2
February 9, 2007
Page 2 of 8
change to the Mobility Plan was carried forward to the Mobility Committee for
approval in January 2006. The Mobility Committee endorsed the revised route. Staff
then carried the Mobility Plan Amendments to the public for feedback, and returned
to the Mobility Committee with recommended modifications. The route
recommended by staff and endorsed by the Mobility Committee (shifting the
alignment to the west north of the Colorado/State School intersection up to Spencer
Road) was presented in a Public Hearing at the Planning and Zoning Commission on
August 23, 2006 and was approved unanimously. The revised Mobility Plan was
scheduled for consideration by City Council at the September 12, 2006 meeting;
however, this item was later removed for consideration so that the route could be
further analyzed. On October 20, 2006, a developer submitted an application to
preliminary plat the southwest corner of Mayhill Road and Spencer Road. The
preliminary plat application affected the proposed Mayhill Road realignment because
by right the developer did not have to dedicate right-of-way for a roadway that is not
currently on the Mobility Plan. What this meant was that the developer was vested
with an alignment for Mayhill Road widened off the existing centerline and the
proposed realignment that ran though the subject property has to be reconfigured. At
the December 12, 2006 Council meeting, staff recommended that the Mayhill Road
realignment be removed from consideration with the other amendments and be
brought back at a later time after a new proposed realignment is identified and a
public meeting has been held. The Utility and CIP Engineering group, along with
Innovative Transportation Solutions (ITS), continues to pursue funding of the
construction phase of this project through the Texas Department of Transportation
(TxDOT) under the municipal highway classification and through the use of revenue
derived from State Highway 121 tolling. Requirements or restrictions on the
reimbursement of funds associated with this type of funding may protract the length
of time necessary to place a consultant under contract.
B. Shady Oaks Drive – Funding was provided for the design of this project in this fiscal
year. The Utility and CIP Engineering group prepared a schematic design of the
roadway. A proposal for the design of this roadway was solicited from Freese and
Nichols, Inc., and a professional services agreement was approved at City Council on
July 18, 2006. Design is underway, and construction is projected to begin in the
summer of 2007 with a one year projected timeframe for completion.
C. Brinker Road – Funding was provided for the design and construction of this project
in this fiscal year. The Utility and CIP Engineering group prepared a schematic
design of the roadway. A proposal for the design of this roadway was solicited from
Freese and Nichols, Inc., and a professional services agreement was approved at City
Council on July 18, 2006. Design is underway, and construction is projected to begin
in the summer of 2007 with a one year projected timeframe for completion.
AIS – Citizens Advisory Oversight Committee Agenda Item #2
February 9, 2007
Page 3 of 8
D. Hobson Lane Intersection Improvements at F.M. 1830 and U.S. Hwy 377 – This
project was funded for design initiation and construction in this fiscal year. TxDOT
is planning improvements to U.S. Hwy 377 that may complement or duplicate the
efforts associated with this project. Funding assistance was applied for through the
NCTCOG Partnership Program III process; therefore, detailed design efforts on the
project were delayed until the results of the grant application process could be
determined in order to avoid the loss of funds by spending them prematurely or prior
to a better understanding of the scope and possible benefits of the planned TxDOT
widening of U.S. Hwy. 377 project. In late February 2006, staff found out that
funding through the NCTCOG Partnership Program III process was unsuccessful.
Staff is exploring alternatives with the assistance of ITS to fund the entire widening
of U.S. Hwy. 377, the widening of the Union Pacific Railroad (UPRR) Bridge over
U.S. Hwy. 377 and the improvements to this intersection as a single project through
TxDOT, possibly freeing these funds for use on other projects. TxDOT has been
receptive to this strategy.
E. Western Boulevard – The ROW for this project has been established for the most
part. Staff has been meeting with the representative for the landowner in order to
complete ROW acquisition through this stretch of the roadway. The firm of Teague
Nall and Perkins was awarded a contract for the design of the project at the City
Council meeting held on March 21, 2006. Design is underway, and construction is
projected to begin in the summer of 2007 with a one year projected timeframe for
completion.
F. U.S. Hwy. 377 Bridge at Union Pacific Railroad –This project was previously
budgeted with GO bonds in 2002 at approximately $1.0 million dollars with matching
money from Denton County in the amount of $930,000.00, of which approximately
$1,372,778.00 remains. Project design is nearing completion; however, projected
construction costs of approximately $6.0 million dollars for the bridge still indicates
that a budget shortfall exists for this project. As discussed herein, staff is pursuing
the funding of this project, the intersection improvements at U.S. Hwy. 377 and F.M.
1830 and the widening of U.S. Hwy. 377 all as a single project through TxDOT in
exchange for the City of Denton performing the full environmental assessments for
the U.S. Hwy. 377 widening and bridge.
2.FY2005-FY2006
Fiscal year 2005 to 2006 began on October 1, 2005; however, funds for use on the
projects approved in this particular fiscal year did not become available until July of
2006. As discussed for FY2004-FY2005, staff was hesitant to aggressively program
these projects forward prior to receiving notification of the results of the success of the
funding applications for them through the NCTCOG partnership program. The following
projects are slated for production in FY2005-FY2006:
AIS – Citizens Advisory Oversight Committee Agenda Item #2
February 9, 2007
Page 4 of 8
A. Shady Oaks Drive/Brinker Road – Construction funding was originally slated for the
Shady Oaks project in this fiscal year. Both projects are being handled as a single
construction contract at this time, although this approach could be modified in the
future if project specific issues develop for either roadway (permitting issues,
affordability, ROW, etc.). Inasmuch as the construction of these projects will not
actually start until mid 2007, bond sales for the construction phase of Shady Oaks
were postponed until FY2006-FY2007. The ability to initiate the construction of this
project in the scheduled year will depend on the availability of funding for these and
other bond projects and the continuing trends in fuel prices and project bidding.
B. Western Boulevard – Construction funding was originally slated for this project in
this fiscal year. Inasmuch as the construction of this project will not begin until mid
to late 2007, bond sales for the construction phase of Western Boulevard were
postponed until FY2006-FY2007. The ability to initiate the construction of this
project in the scheduled year will depend on the availability of funding for this and
other bond projects and the continuing trends in fuel prices and project bidding.
3.FY2006-FY2007
Fiscal year 2006 to 2007 began on October 1, 2006; however, funds for use on the
projects approved in this particular fiscal year will not become available until July of
2007. The following projects are slated for production in FY2005-FY2006:
A. Shady Oaks Drive/Brinker Road – Construction is projected to begin in mid 2007.
B. Western Boulevard – Construction is projected to begin in late summer 2007.
C. F.M. 1830 (Country Club Road) – Funding was approved for design only for this
particular project. At this time it is not known what TxDOT’s intent or timing is for
the roadway; therefore, bond sales for the design of F.M. 1830 could be postponed at
least until FY2007-FY2008.
Financial Considerations
Funding considerations for transportation projects continue to be a major concern. Bidding
fluctuations associated with the hurricanes from last year together with rising fuel costs have
produced a climate of uncertainty and inflation in estimating and actual pricing that continues
today. The CIP Oversight Committee warned City Council that projects slated for initiation in
the various years of the bond program may have to be revised in scope, delayed or even cut in
order to ensure the affordability of remaining projects. The following listing provides funded
project levels, projected project costs and other funding considerations for various transportation
projects.
Projects From the January 2005 Bond Election
A. Mayhill Road – Engineering and ROW acquisition for this project were budgeted in
the amount of $500,000.00 in FY2004-FY2005. The “Mayhill Road Route Study”
AIS – Citizens Advisory Oversight Committee Agenda Item #2
February 9, 2007
Page 5 of 8
report prepared by Teague Nall and Perkins in February 2006 listed a preliminary
opinion of probable construction cost for this project at approximately $25.0 million
dollars. Engineering fees are expected to be as much as $2.0 million dollars, which
would include allowances for environmental clearances, permitting, modeling and
geotechnical investigations. As discussed, funding through TxDOT will be pursued
by the classification of Mayhill Road as a municipal highway. ROW acquisition was
projected in the route study report to cost as much as $9.0 million dollars, of which
the City would be responsible for 100% of the costs under this program. With a
90/10 split with the State on construction costs, the City’s total outlay projected at
this time is approximately $13.5 million dollars for this project. At this point,
financial participation by the County and/or additional “cost recovery” or funding as a
result of Hwy. 121 tolling are an unknown. Available funding from the bond election
for this project is thought to be sufficient to cover the costs for environmental studies,
survey and schematic preparations. TxDOT typically prefers to produce their own
environmental studies for on-system projects, so consultants retained by the State
may actually perform this work.
B. Shady Oaks Drive and Brinker Road - Engineering and ROW acquisition in the
amount of $350,000.00 in FY2004-FY2005 and construction in the amount of
$2,200,000.00 in FY2006-FY2007 were budgeted for Shady Oaks Drive. Engineering
and ROW acquisition in the amount of $200,000.00 and construction in the amount of
$710,000.00 were budgeted in FY2004-FY2005 for Brinker Road. Denton County
has committed to providing a total of $800,000.00 for the construction of Brinker
Road through an Interlocal agreement. These projects are being treated as a single
design project at this time. Total funding for both projects is therefore $4,260,000.00.
Freese and Nichols have projected an updated preliminary opinion of probable
construction cost for this project of as much as approximately $4.82 million dollars.
The total fee associated with Freese and Nichols’ professional services agreement is
$381,583.00. ROW has been donated for Shady Oaks Drive and the northern portion
of Brinker Road; however, the section of ROW across the American Legion tract on
Spencer Road will have to be purchased. ROW for Spencer Road across this same
tract was purchased several years ago for approximately $6.00 per square foot (SF).
The needed ROW across the tract for Brinker Road is almost 150,000 SF, so using
$6.00/SF as a possible cost for the ROW, the use of this property could cost as much
as $900,000.00 or more. If these costs are valid, total project costs for constructing
both Shady Oaks Drive and Brinker Road as 4-lane secondary arterials are projected
to be as much as $6.30 to $6.50 million dollars at this time. If construction is scaled
back to two lanes only for each roadway and other cost-cutting measures are pursued,
the project costs may be able to be reduced by as much as $750,000.00 to
$1,000,000.00. The consultant has been instructed to set up bidding documents with
alternates for 2-lane and 4-lane construction. If the listed potential savings are
realized, the total projected shortfall for these two projects is as much as $1.30
million dollars. If the entire project is constructed, the total projected shortfall for
these two projects is as much as $2.30 million dollars.
AIS – Citizens Advisory Oversight Committee Agenda Item #2
February 9, 2007
Page 6 of 8
C. Hobson Lane Intersection Improvements at F.M. 1830 and U.S. Hwy. 377 and U.S.
Hwy. 377 Bridge at Union Pacific Railroad - Engineering and ROW acquisition in the
amount of $100,000.00 and construction in the amount of $1,100,000.00 were
budgeted in FY2004-FY2005 for the Hobson Lane Intersection Improvements.
Engineering and ROW acquisition in the amount of $220,000.00 and construction in
the amount of $1,780,000.00 were budgeted in FY2007-FY2008 for the bridge
project. A total of approximately $1.37 million dollars remain from existing bond
funds for the bridge project. As discussed, funding of all U.S. Hwy. 377
improvements, including this intersection and bridge, are being pursued through
TxDOT. It is staff’s understanding that the City may then be responsible for paying
for the environmental studies required to clear the ROW for the entire project, which
could cost between $100,000.00 to $200,000.00. The total amount available from
both the intersection and bridge projects is approximately $4.57 million dollars. If
the total outlay from the City can indeed be limited to existing expenditures plus
funding of the overall environmental study for the project limits, it will be possible
for the City to reprogram upwards of $4.37 million dollars of the remaining money
into other bond projects.
D. Western Boulevard – Engineering and ROW acquisition for this project are to be paid
from existing bond funds allocated for this project in the amount of approximately
$780,000.00. Construction funding for this project was budgeted in the amount of
$3,640,000.00 in FY2005-FY2006. Total project budget is therefore $4.42 million
dollars. Teague Nall and Perkins and staff have projected the preliminary opinion of
probable construction cost at 60% design level to be as much as approximately $5.10
million dollars. Teague Nall and Perkins’ professional services fee for the project
was approved at $381,825.00. Total project expenditures are currently estimated at
approximately $5.50 million dollars plus inspections, testing and other staff time.
The estimate is higher than previously projected mainly as a result of better numbers
on drainage and other design features as the project design has progressed, increased
unit prices and paving section changes (thicker pavement than budgeted and/or
improved sub grade preparation). It appears that this project will have a funding
shortfall of as much as $1.39 million dollars at this time based on these numbers.
Existing Projects
E. Vintage Boulevard – The Vintage Parkway Paving Improvements project was funded
in 2003 as part of the Capital Improvements Program for the purpose of constructing
an extension of Vintage Parkway from Bonnie Brae Street to U.S. Highway 377. A
total of $1.90 million dollars was budgeted for the project, of which approximately
$1.33 million dollars have been expended to date for engineering, ROW acquisition,
survey, construction of the at-grade crossing of the railroad by Union Pacific Railroad
(UPRR), testing of materials, and construction of site grading and subgrade
preparation. Approximately $0.57 million remains from the original funding. A total
of $1.60 million dollars was appropriated in this fiscal year through the sale of
AIS – Citizens Advisory Oversight Committee Agenda Item #2
February 9, 2007
Page 7 of 8
certificates of obligation. Bids were received on June 15, 2006 for the construction of
Vintage Boulevard from Bonnie Brae to U.S. Hwy. 377, with a low bid in the amount of
$1,314,007.25, which was subsequently awarded to Jagoe-Public Company at the City
Council meeting on July 18, 2006. It is projected that an additional amount of just over
$700,000.00 will be required to fully complete the project, covering such items as
construction of the connector road to existing Vintage Boulevard on the west side of
Bonnie Brae, TxDOT mandated changes at U.S. Hwy. 377 (permit comments were not
received until after bids were already received), fencing contracts across affected
properties, additional consultant fees for permitting through FEMA, construction
materials testing, and other miscellaneous items. Total projected expenditures for
completion, including construction costs and additional projected costs, is therefore
approximately $2.10 million dollars. Total available funds for completion, including
remaining bond funds and additional appropriated monies, is approximately $2.17 million
dollars. It appears that this project is adequately funded at this time based on these
numbers.
F. Hickory Creek Road – The Hickory Creek Road project was funded in 2000 as part of
the Capital Improvements Program for the purpose of constructing a widening of
existing Hickory Creek Road to a 4-lane divided section from F.M. 2181 (Teasley
Lane) to Riverpass Drive. A total of $2.25 million dollars was budgeted for the
project, of which $1.50 million dollars was provided through an agreement with
Denton County. A total of approximately $0.51 million dollars has been expended to
date on ROW acquisition and engineering, leaving a balance of approximately $1.74
million dollars, some of which will be needed to wrap up the plans, bid the project,
and provide for materials testing and inspection. The consultant, Teague Nall and
Perkins, produced a revised opinion of probable construction cost of approximately
$3.20 million dollars in early 2005, prior to the massive inflationary trends seen
beginning in the fall of 2005. If an inflationary amount of up to 35% is applied to the
estimate previously prepared, the total needed for construction is almost $4.32 million
dollars, or $2.58 million dollars more than is currently available in the project budget
(could be more or less depending on actual inflationary amounts and remaining
expenditures).
Summary
The design alone of Mayhill Road appears to be under funded by as much as $1.50 million
dollars; however, progressing a roadway design project through 100% completion without ROW
acquisition (projected at $9.0 million dollars) would not be prudent. The total projected
shortfall for Shady Oaks Drive and Brinker Road is projected at as much as $2.30 million
dollars. The total projected shortfall for Western Boulevard is projected at as much as $1.39
million dollars. The total projected shortfall for Hickory Creek Road is upwards of $2.58 million
dollars.
On the positive side, if staff is able to negotiate the funding of all U.S. Hwy. 377 improvements
through TxDOT, a possible funding surplus of $4.37 million dollars or more may be realized
AIS – Citizens Advisory Oversight Committee Agenda Item #2
February 9, 2007
Page 8 of 8
from the bridge and intersection projects. In addition, Innovative Transportation Systems, Inc.,
the City’s regional transportation consultant, is projecting massive revenues available to all of
the entities in Denton County (TxDOT, County, etc.) through the tolling of Hwy. 121.
RECOMMENDATION
Staff recommends the following:
A. That staff continue to pursue agreements with TxDOT for sole-source funding and
improvements to U.S. Hwy. 377. It is recommended that the $1.2 million dollars
already programmed into the bond program for the Hobson Intersection
Improvements at F.M. 1830 and U.S. Hwy. 377 (FY2004-FY2005) are
reprogrammed to either the Western Boulevard or Shady Oaks Drive and Brinker
Road projects.
B. That available savings on projects be diverted to help compensate for shortfalls on
Western Boulevard, Shady Oaks Drive, Brinker Road and Hickory Creek Road.
C. That staff postpone the hiring of a consultant for survey and schematic preparation on
Mayhill Road until approval of the revised Mobility Plan by City Council. It is
recommended that the $500,000 already programmed into the bond program for the
Mayhill Road project be reprogrammed to either the Western Boulevard or Shady
Oaks Drive and Brinker Road projects.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable.
FISCAL INFORMATION
Provided above.
BID INFORMATION
Not applicable.
DATE SCHEDULED FOR COUNCIL APPROVAL
Not applicable.
EXHIBITS
Not applicable.
Respectfully submitted,
Jim Coulter, Director Water Wastewater Utilities
Prepared by
Frank G. Payne, P.E., City Engineer
The Citizen Capital Improvement Advisory Committee is providing an
update to the Capital Improvements Plan (CIP) projects identified in the last
bond sale. In February 2005, the Citizens of Denton approved a $42.4
million dollar bond package that included funding in the following areas
($ in millions):
Transportation $27.7
Park $10.7
Public Bldg Improvements Downtown _$4.0
$42.4
Many of the approved projects require more than one year for completion.
For example, the larger transportation projects may take 3-5 years to reach
final roadway completion. In the case of Mayhill Road, a multi-year project
that has an estimated cost of $40 million or more, current funding is
sufficient for only preliminary engineering studies. This project will not be
completed as part of this 5-year bond sale.
The 5-year CIP program schedule proposes the sale of the $42.4 million
bond package by fiscal year as follows:
20052006200720082009Total
($in millions)
Original$ 10.105.00$ $ 11.40$ 6.009.90$ 42.40$
Revised$ 3.705.00$ 16.07$ 10.75$ 6.88$ 42.40$
(as of 1/31/07)
Spent
$ 0.371.57$ -$ $ -$ 1.94-$
(includes encumbrances)
The transportation component of the bond sale included funding for the
following projects ($ in millions):
$11.6 - Major Street Improvements
$ 4.7 - City Wide Arterial and Associated Residential Street Construction
$ 5.3 - Residential Street Improvements
$ 2.8 - Downtown Improvements
$ 1.1 - Miscellaneous Roadway Improvements
$ 1.1 - Traffic Signal Improvements
$ 1.1 - Sidewalk Installations
Exhibit 3
Major Street Improvements
$11,600,000
ProjectEstimated Cost Status% Complete
South Ft. $2,000,000TxDot for total project (US 95% (design only)
Worth Drive (Funds in addition 377) completion
Railroad Bridge to previous GO
wideningbonds)
Mayhill Road $500,000Final alignment not 0
advancedestablished – Oversight
engineering and committee will recommend
designreprogramming to City
Council to offset overruns
on other bond projects
Shady Oaks $2,550,000Under Design 60% (design only)
Drive
Extension
Brinker Road $910,000Under Design 60% (design only)
Extension
Western Blvd $3,640,000Under Design 60+% (design
Constructiononly)
US Highway $1,200,000In negotiations with TxDot 0
377– Oversight committee will
Intersection and recommend
Hobson Lane reprogramming to City
Council to offset overruns
on other bond projects
FM 1830 $800,000Bond sales postponed for 0
DesignTxDot coordination
City Wide Arterial and Associated Residential Street Construction
$4,700,000
ProjectEstimated Cost Status% Complete
2005/2006
Colorado$300,000In-process as part of Loop 8.7
288
Southridge$115,000Completed 10/17/06 100
Teasley$210,000Completed 11/28/06100
Westminister $170,000Completed 06/15/06 100
2006/2007
Mulkey$475,000UtilityImprovements May 2007
1
NeededBond Sale
Bonnie Brae $525,000Utility Improvements May 2007
2
NeededBond Sale
Old North Road $740,000Utility Improvements May 2007
NeededBond Sale
Mesquite$350,000UtilityImprovements May 2007
NeededBond Sale
Exposition$130,000Utility Improvements May 2007
NeededBond Sale
Lynhurst$220,000UtilityImprovements May 2007
NeededBond Sale
2007/2008
Denison$420,000UtilityImprovements 0
Needed
Northridge$575,0000
2008/2009
Malone$285,000UtilityImprovements 0
Needed
Tulane$105,0000
Bolivar$ 85,000 0
1
Utility improvements needed prior to starting roadway reconstruction
2
Possible delay due to North South Phase III water line replacement
Residential Street Improvements
$5,300,000
ProjectEstimated Cost Status% Complete
2005/2006
Gay$ 95,000 On-hold for US380 4
Expansion
Westridge$ 90,000 Completed 10/25/05 100
Highland Park $175,000Start date 03/01/07 4
2006/2007
Greenbriar$210,000Utility Improvements May 2007
NeededBond Sale
Heather$445,000UtilityImprovements May 2007
NeededBond Sale
2007/2008
Augusta$110,0000
Kendolph$ 75,000 0
Santiago$ 60,000 0
Sun Valley $215,000Utility Improvements 0
Needed
Piner$ 75,000 Utility Improvements 0
Needed
Riney$425,000UtilityImprovements 0
Needed
Magnolia$430,0000
2008/2009
Wellington$220,000Utility Improvements 0
Needed
Davis$190,000UtilityImprovements 0
Needed
Headlee$425,000UtilityImprovements 0
Needed
Auburn$ 60,000 0
Gatewood$250,0000
Oxford$315,0000
Oaklawn$105,0000
Oakwood$125,000UtilityImprovements 0
Needed
Aspen$205,000UtilityImprovements 0
Needed
Oakland$100,0000
Crow$205,0000
Jasmine $230,0000
Live Oak $235,0000
Northcrest$ 75,000 0
Marshall$150,000Fundstransferred to0
Bonnie Brae CIP
Downtown Improvements
$2,800,000
ProjectEst. Cost Status% Complete
Cedar Street Const. to begin 2007 0
Walnut$900,000In FY 2006-2007 0
Austin$925,000In FY 2007-2008 0
Pecan$975,000In FY 2008-2009 0
Miscellaneous Improvements
ProjectEst. Cost Status% Complete
Roadway$1,100,00030.1
Traffic Signal$1,100,0006.9
Sidewalk$1,100,0001.5
Park System Improvements
$10,700,000
ProjectEst. Cost Status% Complete
Civic Center Pool $171,000Complete 100
Slide Improvements
Fred Moore $82,600Summer 2007
Multipurpose Court
Avondale/Civic$132,000Complete 100
Center Park
Equipment
380 East Entry $90,000Spring 2008
Monument
Clear Creek Natural $600,000Phase I Summer 2007 20
Heritage Center Phase II Fall 2009
Development
Rails to Trails $300,000Pending Light Rail 4
ExpansionConstruction
Goldfield Tennis $229,000Fall 2009
Center
Trees Open Space $250,000Fall 2008
Preservation
City Hall Courtyard $90,000Fall 2007
Renovation
City Wide Parkland $4,550,000In Negotiations
Acquisition
Adult Soccer Fields $1,600,000In Negotiations
Senior Center $1,900,000Feasibility Consultant
Improvements Hired
Denia Park $190,000Fall 2008
Improvements
Evers Baseball $375,000Spring 2009
Improvements
Mack Park $527,500Winter 2009
Improvements
North Lakes $325,000Winter 2009
Improvements
Entry Corridor $700,000Fall 2009
Improvements
Avondale Park $190,000Pending FEMA Flood
BridgeReview
Cemetery Fence $180,000Spring 2008
Improvements
Public Building Improvements
$4,000,000
ProjectEst. Cost Status% Complete
South Branch $2,100,000Under Design 9.2
Library
Improvements
Senior Center $1,900,0003
Construction
Improvements
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Fiscal Operations
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance approving the City Manager to execute a financial
advisory services agreement between the City of Denton and First Southwest Company,
approving the expenditure of funds therefor, and providing for an effective date.
BACKGROUND
A recent review of contracts revealed that it has been a number of years since the City
last solicited proposals for financial advisory and bond counsel services. These services
are essential in the preparation, coordination, oversight and sale of municipal debt to fund
City infrastructure. As a result, staff drafted requests for proposal (RFP) documents that
were delivered this past November and proposals were submitted in December 2006.
The City received four proposals for financial advisory services. The proposals were
reviewed and ranked using the selection criteria below by a selection committee that
included Howard Martin, Jon Fortune, and Gary Calmes.
Capability, experience and reputation of the firm (30%)
Type of Fee Schedule (25%)
Qualifications and Experience of Assigned Staff (20%)
Quality and responsiveness of the proposal (15%)
Understanding of the City’s needs and requirements (10%)
The selection committee ranked First Southwest Company as the highest choice for
financial advisory services. The firm has a long history working with the City and staff is
familiar with their qualifications and their capabilities. First Southwest Company has
provided excellent service to the City and has established a cooperative working
relationship with staff.
ESTIMATED SCHEDULE OF PROJECT
Upon approval from the City Council, the contract will have a two-year term with three
one-year possible extensions.
PRIOR ACTION/REVIEW
On February 19, 2007, the City Council Audit/Finance Committee recommended a
contract with First Southwest Company for financial advisory services be reviewed by
the City Council for approval.
Agenda Information Sheet
March 27, 2007
Page 2
FISCAL INFORMATION
First Southwest Company’s fee structure will change from the current contract method to
provide a more inclusive recovery of services within the base fee; eliminating the need to
have a separate structuring fee as provided for in the current contract. The fees are
detailed below:
$25,000 base fee per bond sale (includes computer structuring and official statement
preparation).
$1.00 per $1,000 of bond issued .
$3,500 for annual continuing disclosure services.
$100 for each material event notice that must be prepared and distributed.
RECOMMENDATION
Staff recommends approval of the agreement and ordinance.
EXHIBITS
1. Ordinance
2. Contract Agreement
Respectfully submitted:
Jon Fortune
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Fiscal Operations
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance approving the City Manager to execute a bond counsel
agreement between the City of Denton and McCall, Parkhurst & Horton, LLP, approving
the expenditure of funds therefor, and providing for an effective date.
BACKGROUND
A recent review of contracts revealed that it has been a number of years since the City
last solicited proposals for financial advisory and bond counsel services. These services
are essential in the preparation, coordination, oversight and sale of municipal debt to fund
City infrastructure. As a result, staff drafted requests for proposal (RFP) documents that
were delivered this past November and proposals were submitted in December 2006.
The City received four proposals for bond counsel services in December 2006. The
proposals were reviewed and ranked using the selection criteria below by a selection
committee that included Howard Martin, Jon Fortune, and Gary Calmes.
Capability, experience and reputation of the firm (30%)
Type of Fee Schedule (25%)
Qualifications and Experience of Assigned Staff (20%)
Quality and responsiveness of the proposal (15%)
Understanding of the City’s needs and requirements (10%)
The selection committee ranked McCall, Parkhurst & Horton, LLP as the highest choice
to serve as the City’s bond counsel. The recommended firm has a long history working
with the City and staff is familiar with their qualifications and their capabilities. McCall,
Parkhurst & Horton, LLP has provided excellent service to the City and has established a
cooperative working relationship with staff.
ESTIMATED SCHEDULE OF PROJECT
Upon approval from the City Council, the contract will have a two-year term with three
one-year possible extensions.
PRIOR ACTION/REVIEW
On February 19, 2007, the City Council Audit/Finance Committee recommended a
contract with McCall, Parkhurst & Horton, LLP to serve as bond counsel be reviewed by
the City Council for approval.
Agenda Information Sheet
March 27, 2007
Page 2
FISCAL INFORMATION
The fee structure for McCall, Parkhurst, and Horton, LLP is identical to the current
contract amount and is detailed below:
$5,000 for the first million dollars of bonds.
$1.00 per $1,000 of bonds thereafter.
Other services as may be necessary, such as for continuing disclosure, will be billed
at $150/hr for associates and $250/hr for partners.
Unless the City has agreed to a specific “hourly” fee contract for specialized legal
services, the firm will not submit a bill for continuing legal advise on bond matters
throughout the year.
RECOMMENDATION
Staff recommends approval of the ordinance.
EXHIBITS
1. Ordinance
2. Contract Agreement
Respectfully submitted:
Jon Fortune
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider approval of a Resolution appointing members to the Board of Directors of the Denton
Health Facilities Development Corporation; dissolving the Denton Retirement and Nursing
Center Finance Authority; and providing for an effective date.
BACKGROUND
The Secretary of State requires corporations to provide updated board of director information
every six years. The Secretary of State recently requested updated board information regarding
the Denton Retirement and Nursing Center Finance Authority (Authority). In 1980, the Authority
was created under the Housing Finance Corporations Act for the purpose of financing senior care
residential development. The Authority, not the City, issued bonds to finance a retirement and
senior nursing facility.
In 1983, the Health Facilities Development Act was amended and provided a change in the
definition for health care facilities to include a provision for funding of the type of projects
previously financed through authorities created under the Housing Finance Corporations Act.
The Health Facilities Development Act also provided more favorable residency requirements for
potential tenants of a retirement or nursing facilities. As a result, the Denton Health Facilities
Development Corporation (Corporation) was established.
According to the City’s bond counsel, McCall, Parkhurst, and Horton LLP, the Authority has no
debt outstanding at this time. The Corporation issued Health Facility Refunding Revenue Bonds
(The Ev. Lutheran Good Samaritan Society Project) Series 1987 to refund, in full, the Authority's
Series 1982 Bonds which were issued to finance the Denton Good Samaritan Village, a
retirement facility owned by the Evangelical Lutheran Good Samaritan Society. With no
outstanding debt, the City may formally dissolve the Authority. Any future health facility
projects that the Authority could have financed would now be financed through the Corporation.
The City of Denton has no liability for the payment of the bonds issued through the Corporation,
nor are the City’s assets pledged for repayment of the bonds. When an entity requests
consideration, the Board of Directors of the Corporation, which historically has included the City
Manager, Assistant City Manager, and Economic Development Director, work with the City’s
Bond Counsel to verify the eligibility of the requests. Once eligibility is verified, the City’s
Agenda Information Sheet
March 27, 2007
Page 2
Bond Counsel prepares the required resolution for the Corporation Board to forward to City
Council for approval.
The attached Resolution appoints the City Manager, George Campbell, Assistant City Manager,
Jon Fortune, and Economic Development Director, Linda Ratliff to the Corporation board. Staff
is not aware of any potential projects that would qualify for financing under the Health Facilities
Development Act. However, due to the fact that Bonds are still outstanding and to avoid
involuntary dissolution of the Corporation, staff recommends appointment of the individuals
above to the Corporation board. Since bonds are no long outstanding for the Authority it is
recommended that it be dissolved.
FISCAL INFORMATION
There are no costs to the City associated with this item. Any bonds issued and outstanding
through the corporation do not constitute debt or general obligations of the City of Denton.
EXHIBITS
Resolution
Respectfully Submitted:
Jon Fortune
Assistant City Manager
S:\\Our Documents\\Resolutions\\07\\Denton Retirement and Nursing Center.doc
RESOLUTION NO. __________
ARESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE
DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION; DISSOLVING THE
DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to appoint City Manager
George C. Campbell, Assistant City Manager Jon Fortune, and Director of Economic Development
Linda Ratliff to the Board of Directors of the Denton Health Facilities Development Corporation;
and
WHEREAS, the City Council deems it in the public interest to dissolve the Denton
Retirement and Nursing Center Finance Authority; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1.That the following persons are hereby appointed to the Board of Directors of
the Denton Health Facilities Development Corporation:
NAMEADDRESS
George C. Campbell, City Manager 215 East McKinney
Denton, Texas 76201
Jon Fortune, Assistant City Manager 215 East McKinney
Denton, Texas 76201
Linda Ratliff, Director of Economic Development 215 East McKinney
Denton, Texas 76201
Each Director shall serve a term of office of six years. The term of the foregoing members
shall expire on March 27, 2013.
SECTION 2.The Denton Retirement and Nursing Center Finance Authority is hereby
dissolved.
SECTION 3.This resolution shall become effective immediately upon its passage and
approval.
S:\\Our Documents\\Resolutions\\07\\Denton Retirement and Nursing Center.doc
PASSED AND APPROVED this the _____ day of _______________, 2007.
_______________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: _________________________________
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: City Manager’s Office
CM/DCM/ACM:George C. Campbell, City Manager
SUBJECT:
Consider approval of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and the Denton Christian Preschool to assist with the costs of purchasing a
new bus for low income students; providing for the expenditure of funds therefore; and providing
for an effective date.
BACKGROUND:
Mayor Perry McNeill has made a request for the expenditure of $200 to the Denton Christian
Preschool. Per the contract, the funds are to be used by the Denton Christian Preschool to assist
with the costs of purchasing a new bus for low income students. Funds will be distributed with
appropriate documentation upon the approval of the ordinance by the City Council.
FISCAL INFORMATION
Funding for the contract will come from Mayor McNeill’s contingency fund account.
Respectfully submitted:
George C. Campbell
City Manager
Prepared by:
Linda Holley
Executive Assistant
CITY OF DENTON CITY COUNCIL MINUTES
February 6, 2007
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, February 6, 2007 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, McElroy, Montgomery, and Thomson.
ABSENT: None
1. The Council received a report, held discussion and gave direction to staff concerning
Police Alarm Permit Fees.
Captain Paul Abbott, Denton Police Department, reviewed the history of the establishment of
alarm permits. He also detailed the current alarm policy relative to fees. The number of false
alarms in Denton was slightly lower than the national norm. However, the amount of time on
each false alarm proved to be costly. The fees revenue to expense for permit fees and false alarm
fees was detailed. Staff was recommending lowering the permit fee to $5 and lowering the
threshold for false alarms from five false alarms to three false alarms. Other options included
eliminating the permit fees or taking no action on the permit fees. Lowering the fee would
eliminate the over 65-exemption fee. Alarms for robberies and panics would remain the same
with no changes.
Council Discussion-
What was the data on false alarms coming from the senior population? Abbott stated he
did not have any data for that at this time.
What was the comparison on residential versus commercial alarms? Abbott stated he
would prepare that comparison for Council.
Had there been any feedback from the business community on this change? Abbott
indicated that they had received a copy of one email proposing a slightly different
structure but nothing else on it.
The first option appeared to be the best option. There was a nominal cost to maintain the
system and would shift the burden of cost to where it needed to be.
Consensus of the Council was to proceed with Option 1 to lower the charge for the permit fee
and lower the threshold for false alarms.
2. The Council received a report, held a discussion and gave staff direction regarding the
Airport Terminal Project.
Howard Martin, Assistant City Manager, reviewed the January 2007 bid. There were 9
contractors attending the pre-bid meeting and the City received three bids on January 16, 2007.
Staff was recommending the bid be awarded to ACCO General contractors. Staff
recommendation was to approve the TXDOT Terminal Grant Agreement 3 and provide funding
for the low bid.
City of Denton City Council Minutes
February 6, 2007
Page 2
Council Discussion –
There were changes in the bid specifications such as the brick. Was the proposed brick
not as good as the original specification? Martin stated that the change in brick allowed a
local provider to meet the specifications. The change was not so specific to not allow
others to participate in the bid process.
Was the building management system needed for the new building? Martin stated that it
could be added at a later date if needed. This was an energy management system that
would control the environment in the building for better energy savings.
Did everything in the bid meet city code? Martin replied yes and that the fire suppression
system would remain in the bid.
Was the project better because of these changes? Martin replied yes.
Consensus of the Council was to proceed with the bid as presented.
3. The Council received a report and gave staff direction regarding Loop 288 Traffic.
Interim Chief Langford stated that on November 28, 2006 TxDot started the widening of Loop
288, which caused huge traffic problems. The Police Department had received numerous
requests for the use of police officers to direct traffic but it was felt that this would cause more
problems. There were six intersections that would be extremely difficult to coordinate with
officers on the flow of traffic in all directions. He reviewed the key intersections with proposed
changes for signage and increased traffic flow. Several of the intersections would be changed to
“no right turn on red” which would help make traffic flow smoother. Staff was continuing to
meet formally with TxDot once a month regarding the traffic situation.
4. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for February 6, 2007.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:30 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1. Closed Meeting:
A. Consultation with the City Attorney – Under TEXAS GOVERNMENT CODE
Section 551.071.
1. Consultation with the City’s attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
associated with annexation of real property in the City’s northern ETJ,
under annexation case no. A05-0002, along with other legal issues related
to the annexation, zoning, land use and subdivision controls, plat
applications, annexation plans, development agreements, annexation
City of Denton City Council Minutes
February 6, 2007
Page 3
agreements, service plans, utility service, and legal issues relating to the
creation of special districts in the ETJ requested by JNC and White Cake
Denton, L.P. A public discussion of these legal matters would conflict
with the duty of the City’s attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas or
would jeopardize the City’s legal position in any administrative
proceedings or potential litigation.
2. Legal advice concerning potential litigation against the Comptroller of
Public Accounts of the State of Texas regarding sales tax allocation issues
and discussion of confidential sales tax data as it relates to potential legal
challenges for sales tax allocations.
Regular Meeting of the City of Denton City Council on Tuesday, February 6, 2007 at 6:30 p.m.
in the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
3. CONSENT AGENDA
Robert Donnelly spoke on Items E, I and L. He questioned 3E that the item would be self-
funded. He questioned Item 3I in regards to taking Loop 288 west off the congressional
priorities list and Item 3L on whether the Chair had met the night before regarding the item.
Staff responded to Item 3E indicating that the service provider was paid through the collection
process and the fee came from the collection of past due amounts. This was an estimate of the
amount the contract would deliver.
Mayor Pro Tem Kamp indicated that congressional funding was no longer available for Item 3I.
City Manager Campbell indicated that there was no formal recommendation from the Parks
Board on Item 3L prior to the delivery of the agenda. The Parks Board had since recommended
approval.
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried
unanimously.
A. 2007-022 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of ready mix concrete and Portland cement for various
City of Denton City Council Minutes
February 6, 2007
Page 4
City departments; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3696–Annual Contract for Ready Mix Concrete and
Portland Cement awarded to the lowest responsible bidder for each section in the
estimated cumulative annual amount of $1,000,000).
B. 2007-023 - An ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to the Lower Colorado River Authority (LCRA) and Texas
Municipal Power Agency (TMPA) for providing energy transmission services to
the City of Denton; and providing an effective date (File 3717–2006 Electrical
Energy Transmission Fees-Lower Colorado River Authority in the amount of
$295,074 and Texas Municipal Power Agency in the amount of $40,245 for a
total award of $335,319). The Public Utilities Board recommended approval (6-
0).
C. 2007-024 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of three cab/chassis and two bodies for
refuse trucks for the Solid Waste Department, and two dump trucks for the
Water/Wastewater Department by way of an Interlocal Agreement with the City
of Denton; and providing an effective date (File 3702–Interlocal Agreement for
the purchase of Heavy Trucks for Various Utility Departments awarded to Rush
Truck Centers of TX in the amount of $567,059, and McNeilus Truck and
Manufacturing in the amount of $162,340, for a total award of $729,399
excluding the Buy Board fee). The Public Utilities Board recommended approval
(4-0).
D. 2007-025 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of four bucket trucks for Denton
Municipal Electric by way of an Interlocal Agreement with the City of Denton;
and providing an effective date (File 3711–Interlocal Agreement for the Purchase
of Four Bucket Trucks for Denton Municipal Electric awarded to Philpott Ford in
the amount of $337,836). The Public Utilities Board recommended approval (6-
0).
E. 2007-026 - An ordinance of the City of Denton, Texas accepting competitive
sealed bids and awarding a best value contract for collection services for various
City of Denton departments; authorizing the expenditure of funds therefor; and
providing an effective date (Bid 3624–awarded to Credit Systems International,
Inc.). The Public Utilities Board recommended approval (4-0).
F. 2007-027 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of the Anderson Street Repaving Project for the City
of Denton; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3585–Anderson Street Repaving awarded to Quality
Excavation Ltd. in an amount not to exceed $104,709.10).
City of Denton City Council Minutes
February 6, 2007
Page 5
G. 2007-028 - An ordinance accepting competitive bids and awarding an annual
contract for street milling services for the City of Denton Street Department;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3685–Two-Year Contract for Street Milling Services awarded to the lowest
responsible bidder meeting specification, Dustrol, Inc., in the estimated
cumulative annual amount of $210,000).
H. 2007-029 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute on behalf of the City of Denton Amendment No. 3 to an
Airport Project Participation Agreement with the Texas Department of
Transportation dated January 8, 2002 relating to the construction of improvements
at the Denton Municipal Airport and approving terminal project costs not to
exceed $1,689,142; and declaring an effective date.
I. R2007-002 - A resolution adopting the City of Denton's fiscal year 2008
Congressional Priority Projects for the 110th Congress, and providing an effective
date.
J. 2007-030 - An ordinance ordering an election to be held in the City of Denton,
Texas, on May 12, 2007, and if a runoff election is required, on June 16, 2007, for
the purpose of electing council members to Places 1, 2, 3, and 4 of the City
Council of the City of Denton, Texas; designating voting places and appointing
election officials; providing for bilingual notice of the election; ordering that an
electronic voting system be used; making additional provisions for the conduct
thereof; providing an open meetings clause; and providing for an effective date.
K. Approved the minutes of:
January 9, 2007
January 10, 2007
January 16, 2007
L. R2007-003 - A resolution allowing Metzler Food and Beverage to be the sole
participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras on
February 17, 2007, upon certain conditions; authorizing the City Manager or his
designee to execute an agreement in conformity with this resolution; and
providing for an effective date. The Chair of the Parks, Recreation and
Beautification Board will be making a positive recommendation to the Board at
its meeting of February 5, 2007.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
regarding a Detailed Plan for a portion of Tract C of Planned Development District No. 132 (PD-
132). The subject property contained approximately 10.3 acres and was located at the northeast
corner of Shady Shores Road and the Rails to Trails right-of-way, west of Swisher Road. The
Planning and Zoning Commission recommended approval (6-1). (Z06-0027, Preserve at Pecan
Creek Apartments)
City of Denton City Council Minutes
February 6, 2007
Page 6
Brian Lockley, Interim Director of Planning and Development, stated that the item was for a
detailed plan of a portion of a tract C of PD-132, which also established the zoning on the
property. The proposal was in compliance with the Concept Plan for PD 132 and met the
requirements for a detailed plan as outlined in the Denton Development Code. He reviewed the
traffic regulations and the traffic impact analysis requirements.
Council Discussion –
The zoning of the property was approved when the planned development was approved.
Consideration at this meeting was to determine if the detailed plan met the requirements
of the PD.
Was there adequate access available for emergency vehicles? Lockley replied yes that
there was adequate access for emergency vehicles.
There appeared to be utility easements with pipes located in the easements. It appeared
that the site plans showed slabs 10-15 feet away from the easement. What was the City’s
liability if one of those water lines broke and the retaining wall and slab were
compromised? City Attorney Snyder stated that the City could be exposed to some
liability. He questioned if the applicant would be willing to modify the site plan and
move the structures away from any potential liability situation.
The Mayor opened the public hearing.
Dallas Cothrum presented comments on behalf of the applicant. He stated that they had used as
much of the current code for permitting purposes as possible. They could not redo the site but
would enter into a hold harmless agreement with the City as a condition of the final plat.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2007-031
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR THE
APPROVAL OF A DETAILED PLAN FOR 10.3 ACRES LOCATED WITHIN
PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT; THE SUBJECT
PROPERTY IS GENERALLY LOCATED AT THE NORTHEAST CORNER OF
SHADY SHORES ROAD AND THE RAILS TO TRAILS RIGHT-OF-WAY; WEST
OF SWISHER ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF’ PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z06-0027)
Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill
“aye”. Motion carried unanimously.
City of Denton City Council Minutes
February 6, 2007
Page 7
B. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 30 acres from a Neighborhood Residential 2 (NR-2) to a
Neighborhood Residential 3 (NR-3) zoning district, with an overlay district. The subject
property was generally located at the southwest corner of Hinkle Drive and Windsor Street. The
Planning and Zoning Commission recommended approval (6-0). (Z06-0014, Parkside
Meadows)
Brian Lockley, Interim Director of Planning and Development, stated that this was a proposed
rezoning of the property. The existing zoning was NR-2 with NR-3 being requested. The NR-3
zoning would match to the zoning of the neighborhood to the east. An overlay district would
limit uses and provide design restrictions on the site. This zoning would be the closest to the
existing conditions in the neighborhood as the neighborhood character was a part of the
consideration of the request. Some of the requirements to be included were perimeter wrought
iron fences at the corner of each lot and at the perimeter of the site; the exterior of the homes
would be brick, plus a list of requirements for the single-family detached homes.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Rick Baria, applicant, spoke in favor of the development.
Steve Stone, 6327 Freeman Road, Krum, spoke in favor.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2007-032
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) TO A
NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION, WITH AN OVERLAY DISTRICT FOR
APPROXIMATELY 30 ACRES, GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF HINKLE DRIVE AND WINDSOR STREET AND LEGALLY
DESCRIBED AS SITUATED IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS BEING A TRACT OF LAND IN THE N.J. MEISENHEIMER SURVEY,
ABSTRACT NO. 810 AND THE ROBERT BEAUMONT SURVEY, ABSTRACT NO.
31 AND BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO
RAYZOR INVESTMENTS LTD., AS TRACT ONE OF SECTION 5, IN DEED
RECORDED IN VOLUME 1796, PAGE 601 OF THE REAL PROPERTY RECORDS
OF DENTON COUNTY’ PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF’ PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0014)
City of Denton City Council Minutes
February 6, 2007
Page 8
Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor
McNeill “aye”. Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance renaming the Civic Center Park,
and declaring an effective date. The Parks, Recreation and Beautification Board recommended
approval (6-0).
Emerson Vorel, Interim Director of Parks and Recreation, stated that the recommendation from
the Parks, Recreation and Beautification Board was to rename the Civic Center Park to
Quakertown Park. He presented a brief history of the development of the park. A Renaming
Committee had made a recommendation to the Parks Board to change the name of the park. The
Board was recommending the change to the City Council.
Council Member Montgomery asked if a public hearing had been included in the review process.
Vorel indicated that staff followed the policy per renaming of parks.
The following individuals spoke regarding the issue:
Jill Pennington, 771 Lacey Oak Lane, Lake Dallas, 75065 - favor (DISD teacher)
Lena Stiggers, 628 Corral Street, Aubrey, 76227 - favor (DISD teacher)
Samantha Guerrero, 2275 Chinn Road, Denton, 76207 - favor (DISD student)
Erin Parks, 1400 Manten, Denton, 76208 - favor (DISD student)
Bailey Rabalais, 3705 St. Johns, Denton, 76201 - favor (DISD student)
David Khafaji, 2708 Stephen Drive, Denton, 76207 - favor (DISD student)
Olivia Espinoza, 1235 Kingston Place, Aubrey, 76227 - favor
Peggy Capps, representing Denton County Historical Commission - favor
Shere and George Yancey, 4016 Shiraz, Denton, 76226 – favor
Mark Hannah, 3517 Bentley Court, Denton, 76210 – requested a public hearing
Council Discussion-
Council Member Montgomery indicated that while he was in favor of the name change, he
objected to the process and thought that a public hearing might have been a better process for the
name change.
Mayor Pro Tem Kamp indicated that the City followed the policy for renaming of a park. There
was no statutory requirement that required a specific procedure.
Deputy Mayor Pro Tem Mulroy indicated that the process had been in the news so citizens
should have known about it.
The following ordinance was considered:
City of Denton City Council Minutes
February 6, 2007
Page 9
NO. 2007-033
AN ORDINANCE RENAMING THE CIVIC CENTER PARK, AND DECLARING AN
EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Montgomery “nay”, Mulroy “aye”, Thomson “aye” and Mayor McNeill
“aye”. Motion carried with a 6-1 vote.
B. The Council considered adoption of an ordinance on second and final reading to
voluntarily annex approximately 1.9 acres into the corporate city limits of the City of Denton,
Texas. The property was generally located in the southeastern area of the City of Denton's
extraterritorial jurisdiction on Teasley Lane and Old Alton Road legally described as a part of a
5.41-acre tract of land situated in the J.C. Baker Survey, Abstract 47, Denton County, Texas.
The Planning and Zoning Commission recommended approval (7-0). (A06-0002, Corinth
Substation Annexation)
Brian Lockley, Interim Director of Planning and Development, stated that this was the second
and final reading of the voluntary annexation of the property to be used as a Corinth substation
for TXU.
The following ordinance was considered:
NO. 2007-034
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
APPROXIMATELY 1.9 ACRES OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS, LOCATED IN THE SOUTHEASTERN AREA OF
THE CITY OF DENTON’S EXTRATERRITORIAL JURISDICTION (ETJ);
GENERALLY ON TEASLEY LANE AND OLD ALTON ROAD LEGALLY
DESCRIBED AS A PART OF A 5.41 ACRE TRACT OF LAND SITUATED IN THE J.
C. BAKER SURVEY, ABSTRACT 47, DENTON COUNTY, TEXAS, APPROVING A
SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0002)
Kamp motioned, McElroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill
“aye”. Motion carried unanimously.
C. The Council considered nominations/appointments to the City’s Boards and
Commissions.
2. Human Services Advisory Committee - Mayor Pro Tem Kamp
Mayor Pro Tem Kamp did not have a nomination at this time.
3. Traffic Safety Commission - Council Member Heggins
Council Member Heggins did not have a nomination at this time.
City of Denton City Council Minutes
February 6, 2007
Page 10
4. Public Art Committee - Council Member Heggins
Council Member Heggins did not have a nomination at this time.
5. Animal Shelter Advisory Committee - Council Member Thomson
Council Member Thomson nominated Dr. Granville Wright to the Animal Shelter Advisory
Committee. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”,
Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously.
D. Citizen Reports
1. Council reviewed the procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Linda Knowles regarding red light at Wood and McKinney.
Ms. Knowles indicated that she was not in favor of removing the light at Wood and McKinney.
Her business was at that corner and felt it would not be beneficial if the light were removed. She
felt it was important when trying to make a left hand turn from Wood onto McKinney. The light
decreased the number of accidents at the intersection and for safety sake, the light should remain.
B. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not at the meeting.
C. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not at the meeting.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not at the meeting.
E. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth complained about the students approaching the Council dais, which was in conflict
with the Council’s rules. He also felt that the students were given extra time as opposed to
others who spoke regarding the renaming of the park. He again complained about the smoking
area at the entrance of the building. He noted that nothing was said about giving money to
Quakertown former residents for the taking of their land.
F. Robert Donnelly regarding the Development Code.
Mr. Donnelly felt the Council should step forward and help him with his development issue. He
read the Council’s oath of office, which indicated Council would defend the ordinances of the
city. Council should defend the Development Code and developers were not following the Code
City of Denton City Council Minutes
February 6, 2007
Page 11
with citizens being damaged by their actions. He felt Council was disregarding their oath and
Denton needed a Council that would defend the Code.
E. New Business
Deputy Mayor Pro Tem Mulroy suggested that after the design for signs and commemorative
plaques was completed, staff should provide Council with an estimate of the cost, as there may
be private contributions for the signage and plaques.
F. City Manager’s Report
City Manager Campbell did not have anything for Council.
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 8:28 p.m.
____________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
February 13, 2007
After determining that a quorum was present, the City Council of the City of Denton, Texas
nd
convened in 2 Tuesday Session on Tuesday, February 13, 2007 at 4:00 p.m. in the City Council
Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, McElroy, Montgomery, and Thomson.
ABSENT: None
1. The Council received a presentation on Denton County Days from the Denton Chamber
of Commerce.
John Cabrales, Public Information Officer, reviewed the tentative schedule for Denton County
Days. Monday had been set-aside for legislative visits.
Chuck Carpenter, President-Denton Chamber of Commerce, stated that this was a countywide
event since 1987 every legislative year. He felt the visits were informative for the legislators.
He reviewed the itinerary of events for the two days.
Following the completion of the Work Session, the City Council convened in a Special Called
Meeting to consider the following:
1. The Council considered adoption of an ordinance on first reading to voluntarily
annex approximately 23.84 acres into the corporate city limits of the City of Denton, Texas. The
property to be annexed was generally located in the southwestern area of the City of Denton’s
Extraterritorial Jurisdiction (ETJ) at northwest corner of I-35W and Robson Ranch Road.(A06-
0003) The Planning and Zoning Commission recommended approval (7-0).
Mulroy motioned, Heggins seconded to approve the first reading of the annexation. On roll vote,
Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”
and Mayor McNeill “aye”.Motion carried unanimously.
2. The Council considered adoption of an ordinance on first reading to voluntarily
annex approximately 18.27 acres into the corporate city limits of the City of Denton, Texas. The
property to be annexed was generally located in the northwestern area of the City of Denton’s
Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Branch Road and legally
described as Lot 1 of the Marriott Garden Addition. (A06-0006) The Planning and Zoning
Commission recommended approval (7-0).
Mulroy motioned, Kamp seconded to approve the first reading of the annexation. On roll vote,
Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”
and Mayor McNeill “aye”.Motion carried unanimously.
Following the completion of the Special Called Meeting, the City Council convened in a Closed
Meeting at 4:25 p.m. to consider the specific items listed below under the Closed Meeting
section of this agenda.
City of Denton City Council Minutes
February 13, 2007
Page 2
1. Closed Meeting:
A. Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section
551.071
1. Legal advice concerning land use legal issues including multi-family, fair
housing, vested rights, development exactions, annexations, and takings
issues.
With no further business, the meeting was adjourned.
___________________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
February 20, 2007
After determining that a quorum was present, the City Council convened in a Regular Meeting of
the City of Denton City Council on Tuesday, February 20, 2007 at 6:30 p.m. in the Council
Chambers at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, McElroy, Montgomery and Thomson.
ABSENT: None.
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
Mayor McNeill presented a proclamation for Peace Corps Week to David Hiegel, a volunteer for
the Peace Corps.
Mayor McNeill presented a proclamation for Severe Weather Awareness Week in Denton to
Ross Chadwick, Fire Chief, Denton Fire Department.
B. February Yard-of-the-Month Awards
Mayor McNeill presented Yard-of-the-Month Awards to:
Jennifer Hunter, 3009 North Manor Court
Ron and Elaine Fannin, 1910 Archer Trail
Anthony Lundy, 913 Alice
Letha McKinney, 525 Boardwalk
3. CONSENT AGENDA
Robert Donnelly, 3900 Quail Creek Road, spoke regarding Consent Items B, C, H, M, and N.
McElroy motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried
unanimously.
A. 2007-035 – An ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an Interjurisdictional Mutual Aid Agreement; and declaring
an effective date.
City of Denton City Council Minutes
February 20, 2007
Page 2
B. 2007-036 – An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and Opening Doors Immigration Services for
provision of assistance to victims of domestic violence; providing for the
expenditure of funds therefor; and providing an effective date.
C. 2007-037 – An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and Interfaith Ministries for the provision of
assistance to low-income adults; providing for the expenditure of funds therefor;
and providing an effective date.
D. 2007-038 – An ordinance of the City of Denton abandoning and vacating an
approximate 0.5782-acre tract of that certain public right-of-way being a tract of
land in the B.B.B. & C. Railroad Company Survey, Abstract No. 192, and the J.
Perry Survey, Abstract No. 1040, and being a portion of Jim Christal Road and
also embracing a part of that certain tract conveyed by Annie Spurgin to J.
Newton Rayzor by deed recorded in Volume 440, Page 342, of the Denton
County Deed Records, Denton, Texas, and providing an effective date.
E. 2007-039 – An ordinance accepting competitive bids and awarding an annual
contract for the purchase of water treatment chemicals for the City of Denton
Water Treatment Plants; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3709–Annual Contract for Water Treatment
Chemicals awarded to the lowest responsible bidder for each item in the annual
estimated amount of $902,000). The Public Utilities Board recommends
approval (7-0).
F. 2007-040 – An ordinance authorizing the City Manager or his designee to execute
Change Order One to the contract between the City of Denton and Jagoe-Public
Company; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3518–Vintage Parkway Paving Change Order One in the
amount of $212,772).
G. 2007-041 – An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of one lube truck for the
City of Denton Solid Waste Department by way of an Interlocal Agreement with
the City of Denton; and providing an effective date (File 3726–Interlocal
Agreement for Lube Truck with H-GAC awarded to Rush Truck Centers of Texas
L.P. in the amount of $210,173). The Public Utilities Board recommends
approval (6-0).
H. 2007-042 – An ordinance authorizing the City Manager to accept an Interlocal
Agreement with the City of Georgetown, Texas to authorize participation in
various City of Denton contracts for the purchase of various goods and services
and to authorize the City of Denton participation in various City of Georgetown
contracts for the purchase of various goods and services; authorizing the
expenditure of funds therefor; and declaring an effective date (File 3734–
Interlocal Agreement with Georgetown, Texas).
City of Denton City Council Minutes
February 20, 2007
Page 3
I. 2007-043 – An ordinance determining a sole source and approving the
expenditure of funds for the purchase of a Vapex Hydroxyl Ion Fog Odor Control
System for the Hickory Creek Lift Station available from only one source in
accordance with the provision for State Law exempting such purchases from
requirements of competitive bids; and providing an effective date (File 3727–
Purchase of Vapex Odor Control Unit for State School Road Area awarded to
Process Solutions, Inc. in amount not to exceed $60,000). The Public Utilities
Board recommends approval (6-0).
J. Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
1.Citi Mortgage/Sagert, Stanley & Debra Overpayment 2006$ 800.69
K. 2007-044 – An ordinance of the City of Denton authorizing a second amendment
to the Economic Development Program Grant Agreement between SFT Industrial,
Ltd. and the City of Denton; and providing an effective date. (Granite Properties)
The Economic Development Partnership Board recommends approval (5-0).
L. 2007-045 – An ordinance of the City of Denton, Texas approving the termination
and release of that certain lease agreement dated November 15, 2005, related to
the use of street right-of-way, by and between the City of Denton, Texas and John
Eric Schmitz; and providing an effective date.
M. R2007-004 – A resolution of the City Council of the City of Denton, Texas,
authorizing the participation in a joint coalition of cities known as Alliance of Gas
Municipalities ("AGM") comprised of cities served by Atmos Energy
Corporation, Centerpoint Energy Entex, and Texas Gas Services to work on
legislative issues or common concern affecting ratepayers; providing for
formation of a steering committee; providing for the employment of legal experts
related to said efforts; finding that the meeting complies with the Open Meetings
Act; making such other findings and provisions related to the subject; and
declaring an effective date.
N. 2007-046 – An ordinance authorizing the participation of the City of Denton,
Texas in the action styled City of Webster and the Webster Economic
Development Corporation vs. Carole Keeton Strayhorn, in her official capacity as
Comptroller of Public Accounts for the State of Texas, currently pending in the
261st District Court of Travis County, and to pursue such other remedies and
matters relating to sales tax allocation; authorizing the expenditure of funds; and
providing an effective date.
O. Approved the minutes of:
January 23, 2007
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
providing for an amendment to the Denton Mobility Plan. The requested change was regarding
removal of a proposed collector road that would connect US 380 to Westward Street. (CA06-
0008, Rayzor Ranch) The Planning and Zoning Commission recommended approval (7-0).
City of Denton City Council Minutes
February 20, 2007
Page 4
Brian Lockley, Interim Director of Planning and Development, stated the proposed amendment
to the Mobility Plan would remove a proposed north/south collector that runs north through the
middle of the property from Hwy 380 to Westward St. The property’s Traffic Impact Analysis
would determine the neccessity of a collector(s) on the property. The location, orientation and
connectivity of such a roadway would be different from that shown on the current Mobility Plan.
The Mobility Committee recommended approval.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Joyce Poole, 3021 N. Bonnie Brae, spoke in opposition. She was concerned about the
amount of traffic and that there needed to be a collector street.
The Mayor closed the public hearing.
The following ordinance was considered:
2007-047
AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE DENTON
MOBILITY PLAN FOR THE CITY OF DENTON, TEXAS, PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (CA06-0008)
Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill
“aye”. Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 10.2 acres of land from a Neighborhood Residential-2 (NR-2) zoning
district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an Overlay
District to further restrict uses on the subject property to Church and Church related uses. The
subject property was located on the west side of Teasley Lane, southwest of the corner of
Leatherwood and Teasley Lane.(Z06-0038, Faith United Methodist Church) The Planning and
Zoning Commission recommended approval with an Overlay District (7-0).
Brian Lockley, Interim Director of Planning and Development, stated that the applicant was
proposing to build a church on the property. The proposed church exceeded the height limit and
building size for the current zoning. Staff recommended that an overlay district be placed on the
property to limit uses to a church and church related uses in order to maintain compatibility with
the adjacent uses. Multi-Family and Single Family uses would not be allowed. Access for the
property would be from Teasley Lane.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
City of Denton City Council Minutes
February 20, 2007
Page 5
John Lugenheim, 1917 Quail Run, Corinth, spoke in support of the rezoning but stated
that the wording for the overlay district was a concern. He stated that a logical use next
to a church would be a parsonage.
The Mayor closed the public hearing.
The following ordinance was considered:
2007-048
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT WITH A MIXED USE RESIDENTIAL PROTECTION OVERLAY,
RESTRICTING THE USES TO CHURCH AND CHURCH RELATED USES FOR
PROPERTY LEGALLY DESCRIBED AS LOT 1, BLOCK A, OF THE GREGORY &
KATHLEEN POLLOCK ADDITION, AN ADDITION TO THE CITY OF DENTON,
TEXAS ACCORDING TO THE PLAT THEREOF, RECORDED IN CABINET L,
PAGE 139 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; PROVIDING
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0038)
Kamp motioned, Thomson seconded to adopt the ordinance with the overlay. On roll vote,
Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”
and Mayor McNeill “aye”.Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas to
declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General
Fund with Certificates of Obligation for the acquisition of three 500-gallon pumper trucks for the
City of Denton Fire Department; declaring an emergency and amending the 2006-07 Capital
Improvement Budget to allow funding for said project; and providing an effective date. (Related
costs $1,750,000)
Ross Chadwick, Fire Chief, stated that this reimbursement ordinance would provide the funds to
purchase three additional pumper trucks with equipment for the Fire Department. The
Unreserved Fund Balance of the General Fund would be reimbursed with Certificates of
Obligation that would be sold in the spring.
Chadwick stated that the City had purchased two fire engines in the FY 2005-06 budget that
were being delivered in February 2007. Pierce Manufacturing, through Martin Apparatus, had
proposed significant incentives to the City if it purchased additional engines off the current bid
and specifications by February 27, 2007. This would give the City an opportunity to replace
three existing reserve engines that were not in good working condition rather than waiting until
FY 2008-09. The City had the potential to save $1,333,590 and improve the overall condition of
the Fire Department equipment. The Audit/Finance Committee recommended approval.
City of Denton City Council Minutes
February 20, 2007
Page 6
The following ordinance was considered:
NO. 2007-049
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT
TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE
OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION FOR THE
ACQUISITION OF THREE 500-GALLON PUMPER TRUCKS FOR THE CITY OF
DENTON FIRE DEPARTMENT; AND AMENDING THE 2006-07 CAPITAL
IMPROVEMENT BUDGET TO ALLOW FUNDING FOR SAID PROJECT; AND
PROVIDING AN EFFECTIVE DATE. (RELATED COSTS $1,750,000)
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill
“aye”. Motion carried unanimously.
B. The Council considered adoption of an ordinance of the City of Denton
authorizing the City Manager or his designee to execute a purchase order with the Houston-
Galveston Area Council of Governments (HGAC) for the acquisition of three 500-gallon pumper
trucks for the City of Denton Fire Department by way of an Interlocal Agreement with the City
of Denton; and providing an effective date (File 3740–Interlocal Agreement for Purchase of
Three Fire Trucks with HGAC awarded to Martin Apparatus, Inc, in the amount of $1,318,660).
The following ordinance was considered:
NO. 2007-050
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE
HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (HGAC) FOR
THE ACQUISITION OF THREE 500-GALLON PUMPER TRUCKS FOR THE CITY
OF DENTON FIRE DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT
WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE
3740–INTERLOCAL AGREEMENT FOR PURCHASE OF THREE FIRE TRUCKS
WITH H-GAC AWARDED TO MARTIN APPARATUS, INC, IN THE AMOUNT OF
$1,318,660).
Comment Cards were submitted by:
Ken Gold, 1512 Natchez Trace – support
Kyle Arnold, Denton Firefighters Association – support
Mike Tucker, Denton Firefighters Association – support
Lonny Britten, Denton Firefighters Association – support
The following individuals spoke regarding this item:
Robert Donnelly, 3900 Quail Creek Road, questioned the difference in the amount of the
reimbursement ordinance and the purchase order.
City of Denton City Council Minutes
February 20, 2007
Page 7
McElroy motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor
McNeill “aye”. Motion carried unanimously.
C. The Council considered nominations/appointments to Boards, Commissions and
Committees.
1. Mayor Pro Tem Kamp nominated Dalton Gregory to the Human Services
Advisory Committee. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery
“aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously.
2. Council Member Heggins did not have a nomination to the Traffic Safety
Commission at this time.
3. Council Member Heggins nominated Billie Mohair to the Public Art
Committee. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”,
Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously.
4. Mayor Pro Temp Pete Kamp nominated Mark Burroughs as First
Alternate and Mark Nelson as Second Alternate to the Denton County Transportation Authority
Board as representatives for the City of Denton. On roll vote, Heggins “aye”, Kamp “aye”,
McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”.
Motion carried unanimously.
D. Citizen Reports
1. The Council reviewed procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Robert Donnelly regarding the Denton Development Code.
Mr. Donnelly, 3900 Quail Creek Road, spoke on the Development Code and common business
practices of the city. He expressed concern that the fire access easement for Providence Place
did not meet Development Code guidelines.
B. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
C. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
City of Denton City Council Minutes
February 20, 2007
Page 8
E. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth was not present at the meeting.
E. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Montgomery stated the stop light at University and Nottingham had no
left turn arrow off Nottingham onto University.
F. City Manager’s Report
City Manager Campbell did not have any items for Council.
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action from the Closed Meeting.
With no further business, the meeting was adjourned at 7:45 p.m.
____________________________________
PERRY MCNEILL
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
March 5, 2007
After determining that a quorum was present, the City Council convened in a Closed Session on
Monday, March 5, 2007 at 11:30 a.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, McElroy, Montgomery, and Thomson.
ABSENT: None
1. Closed Meeting:
A. Deliberation regarding personnel matters – Under TEXAS GOVERNMENT
CODE Section 551.074.
1. Deliberated and discussed the evaluation of the City Attorney, the
Municipal Court Judge, and the City Manager, including a discussion of
performance measures for and the duties of the City Council appointees.
With no further business, the meeting was adjourned.
______________________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
________________________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
March 6, 2007
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, March 6, 2007 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, McElroy, Montgomery, and Thomson.
ABSENT: None
1. The Council received a report, held a discussion, and gave staff direction regarding the
2006 Comprehensive Annual Financial Report and annual audit.
Jennifer Varley, Interim Director of Finance, stated that the audited financial statements
indicated a clean opinion of the audit. There were few management letter comments regarding
internal administrative controls. The Single Audit Report was also clean, which dealt with the
City’s grants. This document had been completed in a timely manner considering the significant
staff turnover the past several months.
Dee Niles, KPMG, stated that the auditors presented an unqualified opinion on the City’s
financial statements. That meant that all information was materially correct with reasonable
assurance that the financial statements did not have any errors. An audit of the federal grants
also was unqualified with no findings. The auditors did note a few minor comments for
performance controls.
2. The Council received a report, held a discussion and gave staff direction regarding a
Downtown Incentive Reimbursement Grant Program. The Economic Development Partnership
Board recommended approval (5-0).
Linda Ratliff, Director of Economic Development, stated that the Downtown Task Force was
charged with creating an incentive program to promote desired development/redevelopment in
the downtown area. There were diverse issues in downtown with much of the property in the
flood plain. Two programs were discussed: one associated with funds generated from a tax
increment financing district (TIF) and the other a downtown incentive reimbursement grant
program. The boundaries for a TIF had not yet been identified but staff would like to have them
established by the end of this year. Other issues to consider when dealing with structures in the
downtown area dealt with renovations to the old buildings such as electrical wiring, plumbing
and other infrastructure issues. A way to help with redevelopment was a 50/50 match grant for
certain items. It was suggested by the Task Force that a minimum of $250,000 be allocated to
the fund the first year, with adequate funding in following years to maintain that level of funding.
Mayor McNeill questioned if a property owner would come forward with a project and the city
pay half of the cost.
Ratliff indicated that the reimbursement would be based upon receiving proof of expenditure and
completion of work.
Council discussed the issues associated with the areas of flood plain in the downtown area and
upcoming CIP projects.
Consensus of the Council was to bring back the policy for consideration.
City of Denton City Council Minutes
March 6, 2007
Page 2
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for March 6, 2007.
Regular Meeting of the City of Denton City Council on Tuesday, March 6, 2007 at 6:30 p.m. in
the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Mayor McNeill presented a proclamation for Surveyor’s Week.
3. CONSENT AGENDA
Robert Donnelly spoke on Item 3B and felt the City was giving up a good deal with the removal
of the 5% cap.
Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried
unanimously.
A. 2007-051 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Denton Parks Foundation to assist with
preparation for the 2007 Cinco de Mayo celebration; providing for the
expenditure of funds therefor; and providing for an effective date.
B. 2007-052 - An ordinance authorizing the City Manager or his designee to execute
Change Order One (removing the 5% annual cap on the contract’s escalation
clause) to the contract between the City of Denton and ABB, Inc.; providing for
the expenditure of funds therefor; and providing an effective date (Bid 3282–
Change Order One to Three-Year Agreement for Purchase of Medium Voltage
Switchgear Buildings). The Public Utilities Board recommended approval (4-0).
C. 2007-053 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of a flushing/vacuum
combination unit for the City of Denton Wastewater Department by way of an
Interlocal Agreement with the City of Denton; and providing an effective date
(File 3728–Interlocal Agreement for Flushing/Vacuum Unit with H-GAC
awarded to Hi-Vac Corp/AQUATECH in the amount of $149,278.08). The
Public Utilities Board recommended approval (6-0).
City of Denton City Council Minutes
March 6, 2007
Page 3
D. 2007-054 - An ordinance accepting competitive bids by way of an Interlocal
Cooperative Purchasing Program Participation Agreement with the Lower
Colorado River Authority (LCRA) under Section 271.102 of the Local
Government Code, for the purchase of electric distribution cables; providing for
the expenditure of funds therefor; and providing an effective date (File 3743–
Interlocal Agreement for Purchase of Electric Distribution Cables with LCRA
awarded to Techline, Ltd., in the amount of $382,460). The Public Utilities Board
recommended approval (4-0).
E. 2007-055 - An ordinance of the City of Denton, Texas approving an agreement
between the City of Denton and the North Texas Umpire Association;
determining a sole source and approving the expenditure of funds for the purchase
of certified softball officiating services available from only one source in
accordance with the provisions of the state law exempting such purchases from
the requirements of competitive bids; and providing an effective date (File 3744–
Agreement with North Texas Umpire Association in the amount per game as
specified in the agreement for an estimated award of $57,000).
F. 2007-056 - An ordinance authorizing the Mayor to approve a second amendment
to that certain Economic Development Program Grant Agreement with Teasley
Partners, Ltd. to extend the dates of substantial completion of the improvements
covered by the grant agreement from December 31, 2006 to June 30, 2007; and
providing an effective date. The Economic Development Partnership Board
recommended approval (5-0).
G. R2007-005 - A resolution appointing members to the Board of Directors of the
Industrial Development Authority Board; and providing for an effective date.
4.PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
approving a Specific Use Permit to allow gas well drilling and production in a floodway. Two
gas well development sites were proposed, one was proposed on the east side and the other on
the west side of Bonnie Brae south of Roselawn Drive. The development was located within a
Neighborhood Residential 2 (NR-2) zoning district. (S06-0013 Henderson #1 and #2 Wells) The
Planning and Zoning Commission recommended approval (7-0).
Brian Lockley, Interim Director of Planning and Development, stated that the proposal was for a
specific use permit to allow gas wells and drilling in a floodway. In addition to the SUP, the
applicant will be required to obtain a Watershed Protection Permit since the property was located
in an Environmentally Sensitive Area. Two drilling sites were proposed and were currently
being platted. Before approval of the plats, the SUP needed to be approved by Council. There
was limited development around the proposed sites with the nearest residence over 1000 feet
from the sites. The proposal had been reviewed by the Planning and Zoning Commission which
recommended approval 7-0.
City of Denton City Council Minutes
March 6, 2007
Page 4
Council Discussion-
There were stringent requirements for the development of the gas wells, especially in this
type of area.
The conditions noted by Planning and Zoning were incorporated in the site plan.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Phil Henderson, property owner, spoke in favor of the request.
Bill Coleman, speaking on behalf of the applicant, spoke in favor of the request.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2007-058
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW GAS WELL DRILLING AND PRODUCTION IN A
FLOODWAY, GENERALLY LOCATED ON BOTH SIDES OF BONNIE BRAE
STREET SOUTH OF ROSELAWN DRIVE, AND LEGALLY DESCRIBED AS ALL
THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE S.
PRITCHETT SURVEY, ABSTRACT NUMBER 1004, AND THE J. EDMONDSON
SURVEY, ABSTRACT NUMBER 400, DENTON COUNTY, TEXAS, AND BEING A
PART OF THE 400 ACRE TRACT DESCRIBED IN THE DEED FROM SPRINGSIDE
JERSEY FARM TO W. T. HALL RECORDED IN VOLUME 266 PAGE 591 OF THE
DEED RECORDS OF DENTON COUNTY, TEXAS, AS RECOGNIZED AND
OCCUPIED ON THE GROUND; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S06-0013)
Council Member Thomson stated that he would not be voting for the ordinance due to the
disturbance in the ESA and the development in the flood plain.
Kamp motioned, McElroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “nay” and Mayor McNeill
“aye”. Motion carried with a 6-1 vote.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance authorizing the Mayor or his
designee to enter into an Interlocal Agreement with Denton County for the County to provide
property tax billing and collection services for the City of Denton and to repeal all ordinances to
the extent of conflict therewith (the split-payment option for payment of taxes); and providing an
effective date. The Audit and Finance Committee recommended approval (3-0).
City of Denton City Council Minutes
March 6, 2007
Page 5
Gary Calmes, Treasury Tax Manager, stated that this proposal would contract with Denton
County to bill and collect city taxes. A cost analysis indicated that the City would save $73,000
the first year and $20,000 the second year. Staff had worked on the details of the contract with
Denton County. The split payment option would be repealed with this proposal which would
affect about 79 taxpayers. Denton was the last city in the County still collecting its own taxes.
The following ordinance was considered:
NO. 2007-058
AN ORDINANCE AUTHORIZING THE MAYOR OR HIS DESIGNEE TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR THE
COUNTY TO PROVIDE PROPERTY TAX BILLING AND COLLECTION
SERVICES FOR THE CITY OF DENTON AND TO REPEAL ALL ORDINANCES
TO THE EXTENT OF CONFLICT THEREWITH (THE SPLIT-PAYMENT OPTION
FOR PAYMENT OF TAXES); AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor
McNeill “aye”. Motion carried unanimously.
B. The Council considered nominations/appointments to Boards, Commissions and
Committees.
1. Traffic Safety Commission - Council Member Heggins
Council Member Heggins nominated John Crew to the Traffic Safety Commission. On roll vote,
Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”
and Mayor McNeill “aye”.Motion carried unanimously.
C. Citizen Reports
1. Council reviewed procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Robert Donnelly regarding the Development Code.
Mr. Donnelly presented information concerning the buffering and screening requirements for
Providence Place II. The Development Code indicated that a 10-foot buffer with a wood fence
was required. The development’s landscape plan indicated a 10-foot buffer, which complied
with the Code but the site plan showed an 8-foot buffer. The fire lane was already poured with
an 8-foot buffer and a dumpster within 5 feet. The development was again not following the
Code and he asked the Council to follow the Code. The Code indicated that a building permit or
certificate of occupancy was not to be issued until and unless there was compliance with the
Chapter. It was too late on the building permit but he asked that the certificate of occupancy not
be issued until the development was in compliance. He also indicated that this was not the only
issue he had with this development not following the Code.
City of Denton City Council Minutes
March 6, 2007
Page 6
B. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
C. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
E. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth shared a dream he had about the Council with respect to African-American
firefighters and the homeless.
D. New Business
Council did not have any items for New Business.
E. City Manager’s Report
City Manager Campbell did not have any items for Council.
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no Closed Session.
G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Session items.
With no further business, the meeting was adjourned at 7:15 p.m.
__________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
___________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:March 27, 2007
DEPARTMENT: Tax
ACM:Jon Fortune
SUBJECT
Consider approval of tax refunds for the following property taxes:
Tax
NameReasonAmount
Year
1.Windjammer Ltd Overpayment 2006$ 712.73
BACKGROUND
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of
the taxing unit for refunds in excess of $500.00.
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $712.73.
Respectfully submitted:
________________________
Jon Fortune
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Frank Payne 349-8946
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of Russell Newman, Market and Blake Streets paving and drainage
improvements for the City of Denton; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3645-Russell Newman, Market and Blake Paving and Drainage
Improvements awarded to Jagoe-Public Company in the amount of $1,424,246.95).
BID INFORMATION
Bids for the construction of this project were received on December 7, 2006. There were two
bidders for this project. Bids ranged from $1,424,246.95 to $1,770,968.50. The low bidder
accepted the City’s request for a 60-day bid extension to allow the City to redistribute and
allocate the necessary funds into the project account.
This project will extend Russell Newman Boulevard eastward to provide a connection between
Loop 288 and Mayhill Road. It will also extend Market Street eastward and loop it into Russell
Newman Boulevard via Blake Street. The bid includes the construction of about 2,886 linear
feet of 45-foot wide (back to back of curbs) concrete collector street and associated drainage
improvements and the extension of an existing 8-inch waterline so it will not be under the new
pavement.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Staff presented this project to the Mobility Committee on January 3, 2007, to obtain instructions
on how to proceed with the request to Council for award and construction of this project. The
Mobility Committee issued a decision that the Russell Newman, Market and Blake Paving &
Drainage Improvements project should be constructed and directed staff to move forward with a
recommendation for award of a construction contract to the Council.
RECOMMENDATION
Award to the lowest qualified bidder, Jagoe-Public Company, in the amount of $1,424,246.95.
Agenda Information Sheet
March 27, 2007
Page 2
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Company
Denton, TX
STAFF COST ESTIMATE
The engineer’s opinion of probable construction cost for this project was $1,264,753. The low
bid exceeded the estimate by $159,494, or approximately 13-percent. The bid project did not
include the downstream channel improvements, wetlands mitigation, or culvert improvements at
Mayhill Road that must be constructed to improve the roadway drainage. Staff is working on
obtaining the wetlands permit that must be secured from the Corps of Engineers to construct
these downstream improvements. Staff’s opinion of additional construction cost for these
improvements at this time is approximately $250,000.
ESTIMATED SCHEDULE OF PROJECT
The bid project is scheduled to begin in May 2007 with an estimated completion date of
February 2008.
FISCAL INFORMATION
The project will be funded from the following accounts:
350022433.1341.21100
350022436.1341.21100
350022439.1341.21100
350022440.1341.21100
350022441.1341.21100
350022451.1341.21100
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
Attachment 2: Site Location Map
1-AIS-Bid 3645
Attachment 1
Bid #3645
Date: December 7, 2006
RUSSELL NEWMAN, MARKET & BLAKE PAVING & DRAINAGE
IMPROVEMENTS
DescriptionVendorVendor
SunmountJagoe Public
CorporationCompany
Place of Business:
Justin, TXDenton, TX
Total Base Bid Paving and Drainage$1,756,118.50$1,424,246.95
Total Base Bid Waterline$14,850.00$10,850.00
Total Base Bid$1,770,968.50$1,435,096.95
Bid BondYesYes
Addendum #1YesYes
Attachment 2: Site Location Map
Loop Russell
Mayhill
288 Newman
Road
Market
& Blake
Streets
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF RUSSELL NEWMAN, MARKET AND BLAKE
STREETS PAVING AND DRAINAGE IMPROVEMENTS FOR THE CITY OF DENTON;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3645-RUSSELL NEWMAN, MARKET AND BLAKE PAVING AND
DRAINAGE IMPROVEMENTS AWARDED TO JAGOE-PUBLIC COMPANY IN THE
AMOUNT OF $1,424,246.95).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3645 Jagoe-Public Company $1,424,246.95
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of,2007.
______________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: _________________________________
3-ORD-Bid 3645
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Airport and Transportation Operations
ACM: Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance approving an addendum to a Fixed Base Operator Airport
Lease Agreement approved by ordinance 2005-376 dated December 13, 2005, between the City
of Denton, Texas and BAM Denton Management Ventures, L.L.C. on Approximately 21,842
square feet of land at the Denton Municipal Airport; and providing an effective date. (Airport
Board recommends approval 6-0, Mobility Committee recommends approval 2-0).
BACKGROUND
On December 12, 2005 Business Air Management entered into a lease agreement with the City
to lease 9.1 acres and a 33,810 square foot parcel together with the improvements thereon, along
with approximately 1.56 acres of the land and improvements formally under lease to Aero
Properties of Denton, Ltd. and an additional 58,000 square feet of improved apron area identified
as Tract A-2. Business Air Management wishes to amend the lease agreement to lease an
additional 21,842 square feet of land identified as Exhibit “A” to allow them to construct a self-
service fuel system and ramp and to provide a self-service fuel option to the flying public at the
Denton Airport.
The self-service fuel system shall be installed at the sole expense of Business Air Management
and they will construct a pavement apron area suitable for the operation. Business Air
Management has contracted with KSA Engineers to do the engineering, site plan and permitting
for the project and make sure all state, local and federal rules and regulations are met. Should
Business Air Management vacate the parcel, all equipment and storage tanks must be removed
and Business Air Management will remain responsible for any and all environmental issues and
will be responsible for all pavement maintenance during the term of the lease agreement. Any
and all pavement shall remain the property of the City after the termination of this agreement.
PRIOR ACTION/REVIEW
The Airport Advisory Board recommended this lease amendment 6-0. The Mobility Committee
recommended approval of the Amendment (2-0).
FISCAL INFORMATION
The proposed amendment to the Business Air lease will generate an additional $309.43 monthly
or $3,713.14 annually in ground lease revenue for the City. The lease rate shall be adjusted by
the CPI-U as set forth in the original lease.
City Council AIS
March 27, 2007
Page 2 of 2
EXHIBITS
1. Ordinance
2. Amendment
3. Minutes
Respectfully submitted:
Tim E Whitman
Airport Manager
S:\\Our Documents\\Ordinances\\07\\Airport Lease Addendum - BAM Fuel Farm.doc
ORDINANCE NO. ________________
AN ORDINANCE APPROVING AN ADDENDUM TO A FIXED BASE OPERATOR
AIRPORT LEASE AGREEMENT APPROVED BY ORDINANCE 2005-376 DATED
DECEMBER 13, 2005, BETWEEN THE CITY OF DENTON, TEXAS AND BAM DENTON
MANAGEMENT VENTURES, L.L.C. ON APPROXIMATELY 21,842 SQUARE FEET OF
LAND AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1.The City Manager or his designee is hereby authorized to execute a
Commercial Operator Airport Lease Agreement Addendum between the City of Denton and
BAM Denton Management Ventures, L.L.C. on approximately 21,842 square feet of land at the
Denton Municipal Airport, in substantially the form of the Airport Lease Agreement Addendum
which is attached to and made a part of this ordinance for all purposes and to exercise all rights
and duties of the City of Denton under the Airport Lease Agreement.
SECTION 2.This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _________ day of ___________________, 2007.
__________________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: _________________________________
Exhibit 1
Exhibit 2
1DRAFT MINUTES
2AIRPORT ADVISORY BOARD
3MARCH 14, 2007
4
5After determining that a quorum was present, the Airport Advisory Board convened for a
6Regular Meeting on Wednesday, March 14, 2007 at 5:35 p.m. in the Denton Civic Center
7Building in the Community Room at 321 East McKinney, Denton, Texas.
8
9BOARD MEMBERS PRESENT: Vice Chairman Smith, Mr. Brewer and Mr. Brown,
10Mr. Clark, Mr. Eames, and Dr. Kristoferson.
11
12BOARD MEMBERS ABSENT: Chairman Woolfolk excused absence.
13
14STAFF MEMBERS PRESENT: Mr. Whitman, Airport Manager.
15
16PUBLIC PRESENT: Mr. Daman Ward, Business Air Center
17
18ITEMS FOR INDIVIDUAL CONSIDERATION
19
20
21III. Receive a report, hold a discussion and consider a recommendation to City
22Council regarding the Amendment of the Business Air Management lease
23agreement, and consider a provision to allow for self-fueling services from
24a new leasehold to be established at the north end of the Airfield adjacent
25to there existing lease hold. The Board reserves the right to convene into
26executive session for deliberations regarding real property – Under
27TEXAS GOVERNMENT CODE Section 551.072.
28
29Mr. Whitman explained to the Board that this is an Amendment to
30Business Air Managements (BAM) original lease agreement. The original
31lease agreement was signed on December 12, 2005. BAM took over the
32old Denton Jet Center lease located at 5050 Warbird Drive. Mr. Whitman
33updated the Board members not familiar with this area; the proposed
34parcel is west of the temporary Administration Office.
35
36BAM is requesting to lease an additional 21,842 square feet that is
37identified in Exhibit A of their agreement. This will allow BAM to
38construct a ramp to provide self-service fuel Av Gas for airport users.
39The fuel tanks will comply with all State, Local, and Federal
40environmental regulation. BAM will be responsible for the total
41construction cost and environmental liability associated with the project.
42Should BAM terminate this portion of the lease agreement, they will
43remove the self-serve fuel system and the ramp would become property of
44the City of Denton. The Airport’s engineering firm KSA has reviewed the
45project and recommends moving forward.
46
Exhibit 3
1The City of Denton will continue to receive the fuel flowage fees as
2outlined in the original lease agreement.
3
4Mr. Brown asked the Airport Manager why the lease rate in that area is
5seventeen (17) cents per square foot per year and not twenty-three (23)
6cents per square foot per year. Mr. Whitman stated that the majority of the
7leasehold would be inside the building restriction line. The property can
8only be used for a ramp or apron area and the fuel storage tanks will be
9placed outside of the building restriction line.
10
11Mr. Brown stated that he is glad to see a self-service being installed on the
12Airport property. Mr. Brown asked Mr. Whitman what percentage of the
13fuel sales is the City receiving for a fuel flowage fee. Mr. Whitman stated
14that the city is receiving a six (6) percent of the cost wholesale fuel.
15
16Mr. Brewer stated that he wanted to make sure there would be a phone
17provided in case a user of the system had an emergency and needed to
18contact the fire department. Mr. Ward explained that there would be an
19emergency cut off value and he would look into a phone for an emergency
20situation.
21
22Mr. Ward informed the Board that Business Air has increased their
23operating hours from Monday through Friday 6:00am – 10:00pm.
24
25Dr. Smith asked how far out would the ramp area go. Mr. Ward stated to
26the Taxiway.
27
28Mr. Whitman presented to the Board a drawing of the self-fuel area. Mr.
29Whitman recommends approval of this item.
30
31Mr. Eames made a motion to approve the Amendment of Business Air
32Management Lease. Mr. Brewer seconded.
33
34Motion carries 6-0
35
1
2
3 DRAFT MINUTES
City Council Mobility Committee
4
5 Friday, March 16, 2007
6
7
After determining that a quorum of the Mobility Committee of the Denton City Council was
8
9 present, the Chair of the Committee on the Mobility announced a quorum and convened into a
10 meeting on Friday, March 16, 2007 at 10:05 a.m. in the City Council Work Session room, 215 E.
11 McKinney Street, Denton, Texas.
12
Present:Chair Pete Kamp, Mayor Perry McNeill
13
14
15 Ex Officio Members:
16 Jim Coulter, Director Water Utilities
Mark Nelson, Chief Transportation Officer
17
18
19 Also Present: George Campbell, City Manager
20 Howard Martin Assistant City Manager
21 Frank Payne, City Engineer
John Polster, ITS
22
23 Tim Whitman, Airport
24
25 7) Receive a report, hold a discussion and consider a recommendation to City Council regarding
the Amendment of the Business Air Management lease agreement, and consider a provision
26
27 to allow for self-fueling services from a new leasehold to be established at the north end of
28 the Airfield adjacent to their existing leasehold.
29
Tim Whitman briefed the Mobility Committee on the development of a self-service fuel island at
30
31 the airport. Business Air Management will construct the fuel island.
32
33 On December 12, 2005 Business Air Management entered into a lease agreement
with the City to lease approximately 1.56 acres of the land and improvements
34
35 formally under lease to Aero Properties of Denton, Ltd. and an additional 58,000
36 square feet of improved apron area identified. Business Air Management wishes
to amend the lease agreement to lease an additional 21,842 square feet of land
37
identified as Exhibit “A” to allow for the construction of a self-service fuel
38
39 system and ramp to provide a self-service fuel option to the flying public at the
40 Denton Airport. The proposed amendment to the Business Air lease will
generate an additional $309.43 monthly or $3,713.14 annually in ground lease
41
revenue for the City. The lease rate shall be adjusted by the CPI-U as set forth in
42
43 the original lease.
44
Mayor McNeill made a motion to recommend the amendment.
45
46
47
48 This item passed 2-0.
Exhibit 3
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Parks and Recreation
ACM: Howard Martin, 349-8232
SUBJECT
Consider approval of the Parks, Recreation and Beautification Board recommendation to select
Paula Collins as the artist for the Quakertown mural to be located in the Civic Center Building.
Project budget not to exceed $13,600. (The Parks, Recreation and Beautification Board
recommends artist approval with a vote of 6-0. The Public Art Committee recommends artist
approval with an electronic vote of 7-0.)
BACKGROUND
On April 18, 2006, City Council established and appointed a Public Art Committee that serves in
an advisory capacity to the Parks, Recreation and Beautification Board. This Public Art
Committee, established by separate ordinance, will make recommendations on the:
Commissioning, placing, and installing of public art
Implementation of funding mechanism(s) for public art
Effective and efficient management of public art
Ongoing maintenance of public art
Accessioning, deaccessioning and resiting of public art
On March 5, 2007, the Public Art Committee recommended artist Paula Collins to the Parks,
Recreation and Beautification Board to be selected for the Civic Center public art project.
RECOMMENDATION
Recommend City Council’s approval of the Parks, Recreation and Beautification Board’s
support of the Public Art Committees’ recommendation of Paula Collins as the artist for the
Civic Center art project.
ESTIMATED SCHEDULE OF PROJECT
October 18 & 25th Advertisement in DRC
January 16 RFP’s due to Purchasing
January 26 RFP’s delivered to Selection Committee
February 2 Selection Committee Completes Selection
February 8 PAC makes recommendation
March 5 Parks, Recreation and Beautification Board makes recommendation
March 27 City Council considers recommendation
April Artist begins work
Nov Artist completes installation
Nov/Dec Formal dedication at Civic Center
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Public Art Committee made recommendation of artist selection by electronic vote completed
on February 21, 2007.
Parks, Recreation and Beautification Board made recommendation of artist selection on
March 5, 2007.
FISCAL INFORMATION
Funding is available from CIP funds used for the Civic Center Building renovation.
BID INFORMATION
Three RFSP’s were submitted to the Purchasing Department and reviewed by the Public Art
Committee.
EXHIBITS
1. Parks, Recreation and Beautification Minutes of March 5, 2007
2. Artist proposal
Respectfully submitted:
Emerson Vorel
Interim Director
Prepared by:
Janie McLeod
Community Events Coordinator
1DRAFT
2
3 Parks, Recreation and Beautification Board
4 Minutes
5March 5, 2007
6Civic Center Conference Room
7
8 Members present: Teresa Andress, Carol Brantley, Allyson Coe, Dale Conway, Reggie Heard, Ross
9 Richardson.
10 Members absent: Jo Kuhn
11 Staff present: Emerson Vorel, Bob Tickner, Mary Aukerman.
12
13 Chairwoman Teresa Andress called the meeting to order at 6:03 p.m.
14
15Approval of Minutes of February5, 2007 meeting – Allyson Coe made the motion to approve the
16minutes as written; it was seconded by Reggie Heard.
17
18 AWARDS AND RECOGNITIONS:
19 Although not present, Jo Kuhn was recognized for being presented the Founder’s Award from TWU.
20 Emerson shared a newspaper article highlighting Jo’s career at TWU and the establishment of the Jo
21 Kuhn Endowment Fund for Women’s Athletics to provide scholarships for TWU student athletes.
22
23 ACTION ITEMS:
24 a)Civic Center Mural – artist recommendation – Emerson introduced Jo Williams, Chair of the Public
25 Art Committee, to the Board. On February 2, 2007, the Public Art selection subcommittee
26reviewed the three RFSPs and selected local artist Paula Collinsas their recommendation to
27the full committee to construct the Quakertown commemorative mural in the Civic Center building.
28
29 Ms. Collins is a brick sculptress of both large and small pieces. Some of her work can be seen at the
30 Transportation Center in Ft. Worth, the Sign at the Water Treatment Plant and the City of Denton
31 Police Department. She has pieces all over the world and oversees the installation of her work. Ms.
32 Collins wants to get input from actual Quakertown descendants before a final draft for the mural will
33 be submitted. Teresa suggested she interview Mr. Hill, as Ms. Collins would benefit from his
34
storytelling abilities.
35
36 Ford, Powell and Carson have been asked to review the particulars of the mural so as not to violate
37 the design concept of the building designed by architect O’Neal Ford.
38
39 MOTION: Allyson Coe made a motion to approve the Public Art Committee’s recommendation
40to select Paula Collins as the artist for the mural of Quakertown to be located in the Civic
41Center building; Ross Richardson seconded the motion. The motion was passed with a vote
42of 6-0.
43
44 b)Request from Mi Casita Restaurant to Sell Alcoholic Beverages at Cinco de Mayo in Quakertown
45 Park – Because the requests for the sale of alcoholic beverages at special events are starting, new
46 members Carol Brantley and Dale Conway were informed of the process. Carol asked if other vendors
47
had requested to sell alcoholic beverages and if Mi Casita had been chosen over the others. Emerson
48 explained that there was only one license holder at each event and the event organizer usually chooses
49 the vendor. Off duty police are required at events selling alcoholic beverages and wristbands are used to
February 2007
Exhibit 1
1 identify those allowed to buy said beverages. The vendor has to comply with all TABC regulations. Mi
2 Casita has been the vendor at previous Cinco de Mayo events without incident.
3
4 MOTION: Allyson Coe made a motion to approve the request for Mi Casita to sell alcoholic
5 beverages at Cinco de Mayo; Dale Conway seconded the motion and it passed with a vote of 6-0.
6
7 DISCUSSION ITEM:
8 a)Renaming Phoenix Park after former Council Member Carl Young – Allyson Coe and Dale
9
Conway were appointed the committee to present their findings to the Board for the proposed name
10 change. Dale wanted to talk to Mike Cochran, who served on the City Council with Mr. Young, but
11 he was in Italy and unavailable. She did speak with four citizens of southeast Denton, three of the
12 four thought it was a good idea, whereas, one citizen didn’t care either way but suggested a street be
13 named after Mr. Young instead. Teresa stated that the street he lived on had been renamed twice so
14 that was not a good idea. Dale said she looked for Denton Record Chronicle articles on Mr. Young
15 but couldn’t find any. She went to the Denton Library and the genealogy librarian found a 2001
16
Dallas Morning News article that highlighted his career. She stated that after her research and the
17 personal changes she saw that he had made, she thought “what was lost was found”. She is in support
18 of the name change from Phoenix Park to Carl Young Park.
19
20 Allyson wanted to see how involved Mr. Young had been with Phoenix Park and found three references
21 to his support of the Park at the City Council meetings. She stated that Mr. Young indeed had a colorful
22 past and many of his methods seemed unconventional, but that he made sure that the needs and wants of
23 his district were heard. He was a champion for their cause. On a personal level he had made great strides
24 to be a civic leader and a support to his community. She also stated that, though the majority may have
25 seen him as unconventional, his district did not. She also is in support of the name change from Phoenix
26
Park to Carl Young Park.
27
28 The committee contacted Jack Thompson and he is in favor of the change.
29
30Teresa had talked to Mr. Young’s granddaughter and she thinks it is a great idea. Teresa did not think
31 that the committee needed to go further in their research efforts.
32
33 Emerson Vorel stated that since the signs of intent have been posted he has received only one phone call
34 and it was favorable. Since the 45 days required for posting the intent to change the name have not
35 passed, this item will be on the April 2, 2007 meeting as an action item.
36
37 DIRECTOR’S REPORT
38Project Status Report–Senior Center Feasibility Study. Bob stated that negotiations are underway to
39 determine a price for the architectural firm’s fee.
40
41 Avondale Park Bridge project – This project cannot move forward until the pending flood study by
42 FEMA is received.
43
44 Civic Center Pool Enhancements project – The project is 99% complete and will be ready for the
45 spring/summer season.
46
47 Unicorn Lake Trail and Landscape project – This project is moving forward with TXDOT and
48
should be ready to bid in late summer. When Carol asked about parking Bob pointed out that various
49 new businesses would have parking lots and parking will be developed at Briercliff Park.
50
February 2007
1 Cedar Street Streetscape project – Drainage is being looked at prior to the project beginning in late
2 April/early May. When asked if the entire area will be shut down, Bob stated that they are trying to close
3 the streets one block at a time.
4
5 Soccer Field Land and Development project – CIP funding will be used to acquire land for the new
6 adult oriented soccer complex. Several sites are being considered.
7
8 Citywide Parkland Acquisition – This is in the planning stage for a large citywide park in the
9 southwest quadrant of the city.
10
11 Rail Trail – Teresa brought to the attention of the Board that the perception of the new rail line on city
12 residents nearest the tracks is, in most cases, not correct. There is anxiety among residents that their
13 houses will be torn down when the rail is restored, leaving them homeless. More communication with
14 the public needs to take place to educate them about what is actually going to take place. Bob stated
15 that DCTA held an extra SEDNA meeting. He also said that DCTA is trying to minimize the impact on
16 the community by using “quiet” crossings and screening.
17
18 COMPLETED PROJECTS:
19 Lake Forest Park - Bob stated that they are looking to add the playground component to compliment
20
the soccer practice fields.
21
22Keep Denton Beautiful – Flyers of current events was included in the Park Board packet. Carol saw
23
several neighbors loading their pick-up trucks for the Great American Cleanup.
24
25Teresa asked for current information on the search for the new Director of Parks. Emerson said that a
26
brochure to enlist candidates would be going out and they hope to have the first batch of candidates by late
27 March. Teresa stated that she had met with the consultant hired and that he asked lots of questions regarding
28 how the Director fits into the Park Board and what qualifications would fit those needs. She said he was very
29
knowledgeable and she thought he would do a good job for the City.
30
31 There being no further business the meeting was adjourned at 6:38 p.m.
February 2007
Public Art Committee Minutes
February 8, 2007
Civic Center Conference Room
Members present: Jo Williams, Jack Davis, and Cheryl Keys. Members absent: Yolando Dale,
Betty Roy, Carol Phillips, Jo Ann Ballantine, Joy Siegmund and Margaret Chalfant. Staff
present: Emerson Vorel and Janie McLeod.
A quorum was not present so no meeting was held.
The Committee will be polled for their vote to select the artist for the Civic Center art piece so the
work can be completed within the approved timeframe. Minutes for the subcommittee will be
attached to the email polling the Committee.
Items for the next meeting:
Criteria for Accepting Art Works – Final Committee Recommendation
Selection of subcommittee for City Hall West project
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Parks and Recreation
ACM: Howard Martin, 349-8232
SUBJECT
Consider adoption of a resolution allowing Mi Casita Mexican Food to be the sole
participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May
5, 2007, upon certain conditions; authorizing the City Manager or his designee to execute
an agreement in conformity with this resolution; and providing for an effective date.
Parks, Recreation and Beautification Board recommended approval with a vote of 6-0.
BACKGROUND
The Cinco de Mayo Committee, made up of community volunteers and City staff, voted
for the tenth consecutive year to support the sale of alcohol at the event, and allowing Mi
Casita Restaurant to be the sole proprietor of this product. Mi Casita Restaurant will be
responsible for rental of the booth space, obtaining the temporary license, and securing the
temporary permit.
The annual Cinco de Mayo Celebration event is a Hispanic cultural festival and is co-
sponsored by the City of Denton Parks and Recreation Department. It is held in
Quakertown Park (formerly know as Civic Center Park) and will include a parade, local
vendors, children's activities, and entertainment. The free daytime event runs from 10:00
a.m. - 6:00 p.m.
The event continues to experience growth each year through community participation and
the use of local vendors and entertainment. Last year's event hosted approximately 12,000
participants with 67 vendors and two entertainment stages. This will be the tenth year that
alcohol will be sold at this event. There have not been any security issues at the previous
events. This year KLTY Radio Station (94.7), Jim McNatt Car Dealership, and the Greater
Denton Arts Council are the major community sponsors.
RECOMMENDATION
Staff recommends approval of the ordinance and agreement as submitted, which is
consistent with agreements with other co-sponsored events, such as the Denton Arts &
Jazz Festival.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Parks, Recreation and Beautification Board recommended approval with a vote of 6-0.
FISCAL INFORMATION
None.
EXHIBITS
1. Proposed Resolution
2. Letter of Request
3. Civic Center Agreement
4. Parks, Recreation and Beautification Board Minutes of March 5, 2007
Respectfully submitted:
Emerson Vorel
Interim Director of Parks and Recreation
Prepared By:
Janie McLeod
Community Events Coordinator
Exhibit 2
Exhibit 3
1DRAFT
2
3 Parks, Recreation and Beautification Board
4 Minutes
5March 5, 2007
6Civic Center Conference Room
7
8 Members present: Teresa Andress, Carol Brantley, Allyson Coe, Dale Conway, Reggie Heard, Ross
9 Richardson.
10 Members absent: Jo Kuhn
11 Staff present: Emerson Vorel, Bob Tickner, Mary Aukerman.
12
13 Chairwoman Teresa Andress called the meeting to order at 6:03 p.m.
14
15Approval of Minutes of February5, 2007 meeting – Allyson Coe made the motion to approve the
16minutes as written; it was seconded by Reggie Heard.
17
18 AWARDS AND RECOGNITIONS:
19 Although not present, Jo Kuhn was recognized for being presented the Founder’s Award from TWU.
20 Emerson shared a newspaper article highlighting Jo’s career at TWU and the establishment of the Jo
21 Kuhn Endowment Fund for Women’s Athletics to provide scholarships for TWU student athletes.
22
23 ACTION ITEMS:
24 a)Civic Center Mural – artist recommendation – Emerson introduced Jo Williams, Chair of the Public
25 Art Committee, to the Board. On February 2, 2007, the Public Art selection subcommittee
26reviewed the three RFSPs and selected local artist Paula Collinsas their recommendation to
27the full committee to construct the Quakertown commemorative mural in the Civic Center building.
28
29 Ms. Collins is a brick sculptress of both large and small pieces. Some of her work can be seen at the
30 Transportation Center in Ft. Worth, the Sign at the Water Treatment Plant and the City of Denton
31 Police Department. She has pieces all over the world and oversees the installation of her work. Ms.
32 Collins wants to get input from actual Quakertown descendants before a final draft for the mural will
33 be submitted. Teresa suggested she interview Mr. Hill, as Ms. Collins would benefit from his
34
storytelling abilities.
35
36 Ford, Powell and Carson have been asked to review the particulars of the mural so as not to violate
37 the design concept of the building designed by architect O’Neal Ford.
38
39 MOTION: Allyson Coe made a motion to approve the Public Art Committee’s recommendation
40to select Paula Collins as the artist for the mural of Quakertown to be located in the Civic
41Center building; Ross Richardson seconded the motion. The motion was passed with a vote
42of 6-0.
43
44 b)Request from Mi Casita Restaurant to Sell Alcoholic Beverages at Cinco de Mayo in Quakertown
45 Park – Because the requests for the sale of alcoholic beverages at special events are starting, new
46 members Carol Brantley and Dale Conway were informed of the process. Carol asked if other vendors
47
had requested to sell alcoholic beverages and if Mi Casita had been chosen over the others. Emerson
48 explained that there was only one license holder at each event and the event organizer usually chooses
49 the vendor. Off duty police are required at events selling alcoholic beverages and wristbands are used to
February 2007
Exhibit 4
1 identify those allowed to buy said beverages. The vendor has to comply with all TABC regulations. Mi
2 Casita has been the vendor at previous Cinco de Mayo events without incident.
3
4 MOTION: Allyson Coe made a motion to approve the request for Mi Casita to sell alcoholic
5 beverages at Cinco de Mayo; Dale Conway seconded the motion and it passed with a vote of 6-0.
6
7 DISCUSSION ITEM:
8 a)Renaming Phoenix Park after former Council Member Carl Young – Allyson Coe and Dale
9
Conway were appointed the committee to present their findings to the Board for the proposed name
10 change. Dale wanted to talk to Mike Cochran, who served on the City Council with Mr. Young, but
11 he was in Italy and unavailable. She did speak with four citizens of southeast Denton, three of the
12 four thought it was a good idea, whereas, one citizen didn’t care either way but suggested a street be
13 named after Mr. Young instead. Teresa stated that the street he lived on had been renamed twice so
14 that was not a good idea. Dale said she looked for Denton Record Chronicle articles on Mr. Young
15 but couldn’t find any. She went to the Denton Library and the genealogy librarian found a 2001
16
Dallas Morning News article that highlighted his career. She stated that after her research and the
17 personal changes she saw that he had made, she thought “what was lost was found”. She is in support
18 of the name change from Phoenix Park to Carl Young Park.
19
20 Allyson wanted to see how involved Mr. Young had been with Phoenix Park and found three references
21 to his support of the Park at the City Council meetings. She stated that Mr. Young indeed had a colorful
22 past and many of his methods seemed unconventional, but that he made sure that the needs and wants of
23 his district were heard. He was a champion for their cause. On a personal level he had made great strides
24 to be a civic leader and a support to his community. She also stated that, though the majority may have
25 seen him as unconventional, his district did not. She also is in support of the name change from Phoenix
26
Park to Carl Young Park.
27
28 The committee contacted Jack Thompson and he is in favor of the change.
29
30Teresa had talked to Mr. Young’s granddaughter and she thinks it is a great idea. Teresa did not think
31 that the committee needed to go further in their research efforts.
32
33 Emerson Vorel stated that since the signs of intent have been posted he has received only one phone call
34 and it was favorable. Since the 45 days required for posting the intent to change the name have not
35 passed, this item will be on the April 2, 2007 meeting as an action item.
36
37 DIRECTOR’S REPORT
38Project Status Report–Senior Center Feasibility Study. Bob stated that negotiations are underway to
39 determine a price for the architectural firm’s fee.
40
41 Avondale Park Bridge project – This project cannot move forward until the pending flood study by
42 FEMA is received.
43
44 Civic Center Pool Enhancements project – The project is 99% complete and will be ready for the
45 spring/summer season.
46
47 Unicorn Lake Trail and Landscape project – This project is moving forward with TXDOT and
48
should be ready to bid in late summer. When Carol asked about parking Bob pointed out that various
49 new businesses would have parking lots and parking will be developed at Briercliff Park.
50
February 2007
1 Cedar Street Streetscape project – Drainage is being looked at prior to the project beginning in late
2 April/early May. When asked if the entire area will be shut down, Bob stated that they are trying to close
3 the streets one block at a time.
4
5 Soccer Field Land and Development project – CIP funding will be used to acquire land for the new
6 adult oriented soccer complex. Several sites are being considered.
7
8 Citywide Parkland Acquisition – This is in the planning stage for a large citywide park in the
9 southwest quadrant of the city.
10
11 Rail Trail – Teresa brought to the attention of the Board that the perception of the new rail line on city
12 residents nearest the tracks is, in most cases, not correct. There is anxiety among residents that their
13 houses will be torn down when the rail is restored, leaving them homeless. More communication with
14 the public needs to take place to educate them about what is actually going to take place. Bob stated
15 that DCTA held an extra SEDNA meeting. He also said that DCTA is trying to minimize the impact on
16 the community by using “quiet” crossings and screening.
17
18 COMPLETED PROJECTS:
19 Lake Forest Park - Bob stated that they are looking to add the playground component to compliment
20
the soccer practice fields.
21
22Keep Denton Beautiful – Flyers of current events was included in the Park Board packet. Carol saw
23
several neighbors loading their pick-up trucks for the Great American Cleanup.
24
25Teresa asked for current information on the search for the new Director of Parks. Emerson said that a
26
brochure to enlist candidates would be going out and they hope to have the first batch of candidates by late
27 March. Teresa stated that she had met with the consultant hired and that he asked lots of questions regarding
28 how the Director fits into the Park Board and what qualifications would fit those needs. She said he was very
29
knowledgeable and she thought he would do a good job for the City.
30
31 There being no further business the meeting was adjourned at 6:38 p.m.
February 2007
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Parks and Recreation
ACM: Howard Martin, 349-8232
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of a music festival,
Fry Street Concert Series, conducted by D.H.S. Entertainment in the area of Fry Street, behind
Lucky Lou’s and Riprocks. The event is to be on Saturday, April 7, 2007, from 2:00 p.m. to
8:30 p.m. The exception is specifically requested for an increase in the maximum allowable
decibels for an outdoor music festival from 70 decibels to 75 decibels.
BACKGROUND
Bryan Denny, CEO/Agent with D.H.S. Entertainment, has submitted a request for an increase in
the noise level from 70 to 75 decibels. The festival will include local bands, retail and food
booths. The event will be promoted in the Dallas/Ft. Worth metroplex and organizers anticipate
a crowd of approximately 1,000 participants. The entry fee is $12.00 per person. The concert
will benefit the Susan G. Koman Foundation and the Save Fry Street Coalition.
Amplified sound will be used for both music and public announcements. The Police Department
has requested that the music end at 8:30 p.m. for security reasons and to disband the crowd.
FISCAL INFORMATION
The fiscal impact of this event will include overtime costs associated with the hiring of off-duty
police officers and firefighter/paramedics.
EXHIBITS
1. Letter of Request
Respectfully submitted by:
Emerson Vorel, Interim Director
Parks and Recreation
Prepared By:
Janie McLeod
Community Events Coordinator
1
Exhibit 1
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Parks and Recreation
ACM: Howard Martin, 82322
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of a music
festival, Fry Street Fair, conducted by Delta Lodge, located at the North Texas State
Fairgrounds. The event is to be held on Saturday, April 14, 2007, from 12:00 p.m. to 10:00
p.m. The exception is specifically requested for an increase in the maximum allowable
decibels for an outdoor music festival from 70 decibels to 74 decibels.
BACKGROUND
Ryan Gaw with the Delta Lodge has submitted a request for an increase in the noise level
from 70 to 74 decibels for an outdoor music festival. The festival will include local bands,
retail and food booths. The event will be promoted in the Dallas/Ft. Worth metroplex and
organizers anticipate a crowd of approximately 5,000 participants. The presale admission
is $10.00.
The Police Department has requested that the music end at 9:00 p.m. for security reasons
and to disband the crowd.
Amplified sound will be used for both music and public announcements. The organization
has contacted the surrounding neighbors and businesses, encouraging people to contact
them if the noise level becomes a problem.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
None
FISCAL INFORMATION
The fiscal impact of this event will include overtime costs associated with the hiring of off-
duty police officers and firefighter/paramedics. The Delta Lodge will reimburse the City
of Denton for these expenditures. Last year’s outstanding expenses owed to the City need
to be paid before for the 2007 event.
1
EXHIBITS
1. Letter of Request
Respectfully submitted:
Emerson Vorel, Interim Director
Parks and Recreation
Prepared By:
Janie McLeod
Community Events Coordinator
2
Exhibit 1
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: City Manager’s Office
CM: George Campbell,City Manager
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No.
2007-030 ordering the May 12, 2007 election to provide for a joint election under
interlocal cooperation agreements between the City of Denton, Texas and the County of
Denton, Texas; and providing an effective date.
BACKGROUND
Governor Perry has ordered a special election to be held May 12, 2007 to vote on a
constitutional amendment to extend public school property tax rate reductions to elderly
and disabled Texas residents for the 2006 and 2007 tax years. This is to correct an
oversight in which some elderly and disabled Texans were precluded from benefiting
from the previous property tax cut because their rates were already frozen.
In order to accommodate this special election, the City and County must hold a joint
th
election on May 12. The County will be using the City’s polling locations for both early
voting and election day voting. Due to the number of variables involved in ballot
selection, the City will be using the eSlate electronic voting system for this election.
Such variables include whether or not the voter resides within the city limits, whether or
not the voter resides in the correct single member district, whether or not the voter resides
in the DISD plus the added constitutional amendment. Also, any voters north of Highway
380 residing in JP Precinct 5 are eligible to vote in a local option election. With the
electronic voting system, the computer automatically provides the correct ballot style to
the voter without having to make all of the above determinations thus dramatically
reducing the potential of error for a voter to receive the incorrect ballot. This can be
crucial in a single-member district election.
Respectfully submitted:
Jennifer Walters
City Secretary
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Transportation Operations
ACM: Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider approval of a resolution of the City of Denton, Texas, opposing a moratorium on
Comprehensive Development Agreements (CDAs); and providing an effective date. (Mobility
Committee Recommends 2-0.
BACKGROUND
On February 27th, the Transportation Department awarded a contract to a partnership headed by
Cintra for a Comprehensive Development Agreement (CDA) for State Highway 121 (SH 121) in
Denton and Collin Counties. Cintra is a Spanish toll road company and has agreed to terms that
will give the Texas Department of Transportation (TxDOT) a $2.1 billion upfront payment and
provide $750 million more over 50 years for SH 121. Additionally, Cintra will be required to
fund an estimated $550 million to complete the construction on SH 121. According to terms and
conditions developed in part by the Regional Transportation Council (RTC) and TxDOT, funds
received from this CDA will be applied to a number of regional transportation projects known as
“near neighbor/near timeframe” infrastructure projects. These near neighbor/near timeframe
projects are included in the RTC Mobility 2030 Transportation Plan and designed to enhance the
transportation infrastructure in the North Texas Region to facilitate mobility, reduce congestion
and improve air quality.
On Tuesday, March 6, Senator Robert Nichols filed Senate Bill 1267 a bill relating to a two-year
moratorium on the use of comprehensive development agreements or the sale of a toll project on
state infrastructure projects and establishing a study committee. As of Monday, March 19, 2007
27 of 31 Senators had signed on to this bill. A similar companion bill in the House, HB 2772,
had 96 Co-sponsors as of March 19th. Legislators are calling for the moratorium so that they
may further study the proposal and ensure that the CDA process was properly vetted.
One major concern voiced by legislators is that a non-compete clause exists in the SH 121 CDA
document preventing TxDOT from building additional capacity projects along CDA project
corridors that could reduce toll revenues for CDA projects. The non-compete clause included in
the SH 121 CDA was crafted specifically to outline and demonstrate what will not be considered
competing projects in the North Texas Region. The provisions essentially protect planned
capacity projects for the region that have been included in the 2030 Mobility Plan and identify
those projects that will be funded through the use of CDA concession funds. The attached CDA
Position Paper dated March 11, 2007 (Exhibit 2) lists these near neighbor/near timeframe
projects on page 18. This list of projects includes the widening of Interstate 35 E from President
George Bush Turnpike to the Lake Lewisville Bridge. In conclusion, the non-compete
provisions in the SH 121 CDA protect the region’s ability to implement capacity projects and
meet mobility needs in the future.
Another concern legislators have expressed is the perceived unlimited authority of the CDA
operator to raise toll rates. The SH 121 CDA does have provisions that allow for the operator to
increase toll rates, however, these provisions were carefully developed, reviewed and approved
by the RTC. These business terms are outlined in the attached CDA Position Paper, Exhibit 2.
Attachment 3, page 24 of the Position Paper demonstrates that the RTC established the
maximum base toll rate for 2010 at 14.5 cents per mile and the rate may be adjusted every two
years utilizing a formula based on the Consumer Price Index. At 14.5 cents per mile traveled,
rates would be consistent with the North Texas Tollway Authority’s toll schedule.
A two-year moratorium on CDAs will negatively impact important transportation infrastructure
projects in the North Texas Region and Denton County. A moratorium will stop the construction
on several Denton County projects including construction of IH 35 E from the George Bush
Tollway to US 380; FM 423 in Frisco and The Colony; FM 720 in Little Elm; FM 407 in
Highland Village, Flower Mound, Double Oak and Bartonville; and SH 114 from IH 35 W to the
Wise County line. These non-tolled projects and approximately $20 million identified for local
streets will be in jeopardy should a moratorium take affect as of September 1, 2007.
In an effort to persuade state elected officials around the North Texas Region, the Denton County
Commissioners Court passed a resolution on March 13, 2007 opposing moratoriums on CDAs.
The Denton County Commissioners Court requested that John Polster, Innovative Transportation
Solutions, Inc. draft a position paper on the SH 121 CDA addressing known concerns. This
position paper position paper was sent to state lawmakers along with copies of the Denton
County resolution. The Mobility Committee was briefed on this issue at the March 16, 2007
meeting and recommended that the City of Denton consider a resolution opposing a moratorium
on CDAs and forward copies of the resolution to state legislators.
RECOMMENDATION
The Mobility Committee recommends approval of a resolution opposing a moratorium on CDAs.
PRIOR ACTION/REVIEW
Mobility Committee voted 2-0 recommending approval of a resolution opposing a moratorium
on CDAs. Denton County Commissioners passed a similar resolution on March 13, 2007.
FISCAL INFORMATION
An estimated $1.3 billion of projects scheduled to begin in 2009 will be delayed and will cost
significantly more than originally estimated or may never be built as a result of escalating project
costs due to a delayed schedule.
EXHIBITS:
1. Resolution
2. SH 121 CDA Position Paper
3. Minutes
Respectfully Submitted:
Mark Nelson
Chief Transportation Officer
Exhibit 1
Exhibit 2
1
2
3 DRAFT MINUTES
City Council Mobility Committee
4
5 Friday, March 16, 2007
6
7
After determining that a quorum of the Mobility Committee of the Denton City Council was
8
9 present, the Chair of the Committee on the Mobility announced a quorum and convened into a
10 meeting on Friday, March 16, 2007 at 10:05 a.m. in the City Council Work Session room, 215 E.
11 McKinney Street, Denton, Texas.
12
Present:Chair Pete Kamp, Mayor Perry McNeill
13
14
15 Ex Officio Members:
16 Jim Coulter, Director Water Utilities
Mark Nelson, Chief Transportation Officer
17
18
19 Also Present: George Campbell, City Manager
20 Howard Martin Assistant City Manager
21 Frank Payne, City Engineer
John Polster, ITS
22
23 Tim Whitman, Airport
24
25
th
6) Receive a report, hold a discussion and provide direction on legislative actions by the 80
26
27 Legislature as it relates to transportation issues.
28
th
29 John Polster presented information on this item. Recent proposed legislation at the 80
Legislature could have serious impacts on the Comprehensive Development Agreement that
30
31 would benefit Denton County transportation projects. Mr. Polster discussed the fact that
32 legislators may be receiving erroneous information concerning this project and that the Denton
33 County Commissioner’s Court directed Polster to prepare a position paper that would inform
34 legislators what the true story was on this project. Polster prepared the position paper and this
35 paper was presented to the County Commissioners. The Commissioner’s Court endorsed the
36 position paper and approved a resolution opposing a moratorium. The resolution was sent to
area statewide elected officials.
37
38
39 There was considerable discussion by the Mobility Committee concerning the problems that the
40 moratorium would cause for the CDA and both Mayor McNeill and Mayor Pro Tem Kamp
agreed that the City should pass a resolution opposing the proposed moratorium. The Mobility
41
Committee directed staff to prepare a resolution and bring it to the City Council for
42
th
43 consideration on March 27.
44
Mayor McNeill made a motion to recommend a resolution to City Council opposing a CDA
45
moratorium. The recommendation passed 2-0. The Mayor stated let the record show this was a
46
47 unanimous recommendation.
48
Exhibit 3
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Planning and Development Department
ACM: Howard Martin, 349-8232
SUBJECT:CA06-0008 (Rayzor Ranch)
Hold a public hearing and consider adoption of an ordinance regarding a Comprehensive
Plan Amendment from “Existing Land Use”, “Neighborhood Centers” and “Community
Mixed Use Centers” land use designations to “Regional Mixed Use Centers” and
“Neighborhood Centers” land use designations on approximately 153 acres of land
located on the north side of U.S. Highway 380 (West University Drive) between
Interstate Highway 35N and Bonnie Brae Street. The Planning & Zoning Commission
recommends approval (7-0).
BACKGROUND:
Applicant: Allegiance Development Dallas, TX
Allegiance Development has submitted a request for a Comprehensive Plan Amendment
and a Special Purpose Overlay Zoning District for the Rayzor Ranch Development. The
entire subject property encompasses approximately 410 acres of land located generally on
both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35
and Bonnie Brae Street (See Exhibit 2). The parcel north of U.S. 380 contains
approximately 153 acres (Northern Tract) and is currently undeveloped except for an
existing self-storage facility, which will be removed (See Exhibit 3). The applicant
proposes to construct a combination of retail and single family residential uses in this
area (See Exhibit 4) which is currently zoned a combination of Neighborhood Residential
3 (NR-3), Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood
Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G) zoning
districts (See Exhibit 5).
The applicant is requesting a Comprehensive Plan Amendment (The Denton Plan 1999-
2020) (See Exhibit 6) in conjunction with a rezoning to create a Special Purpose Overlay
District, which would also establish development standards applicable to that portion of
the subject property, which lies north of U.S. Highway 380. The subject property south
of U.S. 380 will be the primary focus of an additional Comprehensive Plan Amendment
and Special Purpose Overlay District case that will be scheduled for consideration in the
near future (Southern Tract). The properties surrounding both the Northern and Southern
Tracts will be sent notices for both sets of public hearings since some of the proposed
standards (e.g. landscaping and architectural design) affect property on both sides of U.S.
380.
The Northern Tract is surrounded by office, townhome, single family detached,
undeveloped land and a church to the north; North Lakes Park and retail uses to the east
across Bonnie Brae; retail uses and undeveloped land (the Southern Tract) to the south
across U.S. 380; and retail, commercial and lodging uses to the west. The purpose of the
Comprehensive Plan Amendment and the Special Purpose Overlay Zoning District is to
join the Future Land Use Plan and the underlying zoning districts with the land uses
being proposed for the site. The current regulations contemplated community and
neighborhood serving commercial and residential uses developing at this location.
Public notification information is provided in Exhibit 7. As of this writing, staff has
received one neutral response and one that is both opposed and in favor of the request
from property owners within 200 feet of the subject site.
OPTIONS:
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Table item.
RECOMMENDATION:
The Planning & Zoning Commission recommends approval (7-0).
PRIOR ACTION/REVIEW:
1. December 6, 2006 Planning and Zoning Commission Work Session Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch
2. January 10, 2007 Planning and Zoning Commission Public Hearing Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch (The Commission
recommended approval 7-0)
3. February 20, 2007 City Council Public Hearing Regarding Proposed Mobility Plan
Amendment for Rayzor Ranch (The Council approved 7-0)
4. February 21, 2007 Planning and Zoning Commission Work Session Regarding
Northern Tract Comprehensive Plan Amendment
5. February 28, 2007 Planning and Zoning Commission Work Session Regarding
Northern Tract Comprehensive Plan Amendment
6. March 7, 2007 Planning and Zoning Commission Work Session Regarding Northern
Tract Comprehensive Plan Amendment
7. March 14, 2007 Planning and Zoning Commission Public Hearing Regarding
Northern Tract Comprehensive Plan Amendment
EXHIBITS:
1. Staff Analysis
2. Aerial Overview of Entire Subject Property
3. Aerial of Northern Tract
4. Site Plan of Northern Tract
5. Existing and Proposed Zoning for Northern Tract
6. Existing and Proposed Future Land Use Designations for Northern Tract
7. Notification Map
8. Ordinance
9. March 14, 2007 Planning and Zoning Commission Minutes
Prepared by:
Chuck Russell, AICP
Planner III
Respectfully submitted:
Brian Lockley, AICP
Interim Director of Planning & Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO: CA06-0008DATE TO BE CONSIDERED: March 27, 2007
LOCATION:The property is located on the north side of U.S. Highway 380 (West
University Drive) between Interstate Highway 35N and Bonnie Brae
Street
OWNER/Allegiance Development
APPLICANT:14881 Quorum Drive, Suite 950
Dallas, TX 75254
REQUEST:A Comprehensive Plan Amendment (The Denton Plan 1999-2020)
from “Neighborhood Centers”, “Existing Land Use” and “Community
Mixed Use Centers” land use designations to “Regional Mixed Use
Centers” and “Neighborhood Centers” land use designations.
RECOMMENDATION: The Planning & Zoning Commission recommends
approval (7-0)
ZONINGNeighborhood Residential 3 (NR-3), Neighborhood Residential
DISTRICTS:Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed Use
(NRMU) and Community Mixed Use General (CM-G)
COMPREHENSIVE PLAN“Neighborhood Centers”, “Existing Land Use” and
DESIGNATIONS:“Community Mixed Use Centers”
SITE AND SURROUNDINGS: The property is currently undeveloped except for
an existing self-storage facility along U.S. 380.
North:Neighborhood Residential 3 (NR-3), Neighborhood
Residential Mixed Use 12 (NRMU-12); Office, Townhome,
Single Family Detached, Undeveloped Land and a Church
East:Neighborhood Residential 2 (NR-2) and Community Mixed
Use General (CM-G); North Lakes Park and Retail
South:Neighborhood Residential 6 (NR-6), Neighborhood
Residential Mixed Use (NRMU) and Community Mixed Use
General (CM-G); Retail and Undeveloped Land
West:Regional Center Commercial Downtown (RCC-D) and
Community Mixed Use General (CM-G); Retail, Commercial
and Lodging
BACKGROUNDINFORMATION:
The applicant is proposing to develop approximately 454,000 square feet in three
“big box” retail centers, 287,000 square feet of smaller “junior box” retail uses,
100,000 square feet of stand alone retail and restaurant uses, 162 single family
detached units and 186 single family attached units (townhomes) on the Northern
Tract. The retail portion of the Northern Tract will comprise approximately 107.8
acres with residential area using the remaining 45.2 acres. The Denton Plan
identifies Neighborhood Mixed Use Activity Centers as being up to 10 acres in
size and having a typical store size of less than 4,000 square feet (convenience
and service uses). The Denton Plan identifies Community Mixed Use Centers
being up to 30 acres in size and having a typical store size of less than 100,000
square feet. Clearly, the proposed development fits the category of a Regional
Mixed Use Center, which, according to the Denton Plan includes areas that
exceed 30 acres in size and stores that are greater than 100,000 square feet.
The residential uses are proposed at a gross density of slightly more than 7 units
per acre on the Northern Tract. The existing zoning for the proposed residential
uses is a combination of Neighborhood Residential 3 (NR-3) and Neighborhood
Residential Mixed Use 12 (NRMU-12) districts. The NR-3 district allows a
maximum density of 3.5 dwelling units per acre and the NRMU-12 a maximum
density of 12 units per acre. The applicant is also requesting to vary the lot size,
lot coverage and setbacks in the portion of the site currently zoned NR-3.
The Northern Tract will also include approximately 6 small (less than 0.5 acres
each) linear open space areas to serve as open space for the single family
detached units, a 2.3-acre amenity center is also planned to serve the proposed
single family uses. Approximately 9 acres of open space is being set aside to
serve primarily as a drainage and water quality feature. The applicant has
worked with staff to utilize the latest guidelines form the North Central Texas
Council of Governments regarding control of the materials that typically flows off
of commercial property during storms. The water quality feature will be the first
of its kind in Denton and will help prevent materials from entering North Lakes
pond which is across Bonnie Brae Street from the site.
ANALYSIS:
The applicant is requesting to designate the subject property “Regional Mixed
Use Centers” and “Neighborhood Centers” future land use areas within the
Denton Plan in order to facilitate their proposed development.
According to the Denton Plan, the description of a “Regional Mixed Use Centers”
designation reads as follows:
“For a regional activity center, the focus area contains the shopping,
services, recreation, employment, and institutional facilities
supported by and serving an entire region. A regional activity center
could include a regional shopping mall, a number of major
employers, restaurant and entertainment facilities, a large high
school or community college, and high-density housing. A regional
activity center is considerably larger and more diverse in its land
uses than any other activity center. It includes vertically integrated
uses where different uses may occur on each floor of the building.
height & mass.”
The Regional Mixed Use Centers land use designation was designed to allow
uses such as shopping services and recreation that support the entire region.
The current commercial and retail uses within the nearby area and the location of
an adjacent major transportation intersection qualify this area as a regional
activity center, which is serving the community at a larger scale. Staff is of the
opinion that the Regional Mixed Use center land use designation is consistent
with The Denton Plan land use goals and principles.
According to the Denton Plan, the description of a “Neighborhood Centers”
designation reads as follows:
“Within the undeveloped urban and urbanizing areas of the city,
new neighborhoods may develop in traditional patterns. Mixed-use
and mixed housing types will be allowed to develop in a pattern of
“neighborhood centers”. These are oriented inwardly, focusing on
the center of the neighborhood. These neighborhoods will
exemplify the interrelationship between quality of development,
density, services and provision for adequate facilities. These
developments should locate the center of the neighborhood within a
five to ten minute walking distance from the edge of the
neighborhood. The center contains uses necessary to support the
surrounding neighborhood. These support uses could include
service-oriented retail such as a small grocery, hair salon, dry
cleaner or small professional offices. Residential uses may occur at
higher densities with town homes or residential flats above service
oriented uses. Open space occurs in neighborhood centers with
park uses including central neighborhood “greens” and floodplain
preservation. Civic uses such as fire stations, schools, libraries, and
mass transportation nodes are encouraged to be essential
elements of neighborhood centers as landmarks that are a focus to
the neighborhood. Limited multistory development in the
neighborhood may be developed to incorporate shops on the
ground floor and offices or residences on the upper floors.”
The Neighborhood Centers land use designation already exists on the majority of
the subject property. The request will relocate the designation so that it will
continue to serve as a buffer between the “Regional Mixed Use Center” category
that is proposed and the “Existing Use” category that is already located north of
the site.
The application must also address the impact of the proposed change on the
following:
a. The Goals and Objectives of The Denton Plan;
The Denton Plan recommends distribution of various types of
uses in appropriate locations throughout the City. It also
encourages the location of uses within or adjacent to activity
centers in order to share public facilities and help establish
these areas as focal points.
The proposed project is well situated and compatible with the
surrounding area. The area around I-35 and U.S. 380 has
developed into a focal point with the location of several retail
and commercial uses. The area to the north of the proposed
retail contains an established single-family residential
neighborhood. The applicant is proposing new higher density
single family residential uses between the proposed retail and
existing single-family neighborhood with will act as a buffer and
a transitional area between the two types of uses. Therefore,
the proposed development of retail along U.S. 380 near I-35
and its associated residential component to the north are in
harmony with the existing uses in the area.
b. The Future Land Use element of The Denton Plan;
The land use designation change should not have an adverse
impact on the Future Land Use element of the Denton Plan.
The proposed land use designations do not have an adverse
impact on the Future Land Use element of the Denton Plan. The
location of the proposed Regional Mixed Use Center
designation is a continuation of the same land use category to
the west across I-35.
c. The balance of land uses in the City; and
Replacing the more neighborhood and community-oriented
designations with a regional serving designation is appropriate
at this location. The proximity of the site to an Interstate
Freeway and a major east/west arterial lends itself to the
development of more regional serving uses. Adequate amounts
of “Existing Land Use” and “Community Mixed Use Center”
designated lands exist throughout the City as well as east of the
subject property across Bonnie Brae.
d. Adequate Public Facility elements of the Denton Plan, and how
the proposed change will affect the provision of the services
anticipated in The Denton Plan.
The applicant has submitted multiple studies addressing the
facility needs of the proposed project. Adequate infrastructure
will be in place to serve the development prior to its completion
without adversely impacting the services to other areas. In fact,
many of the facilities will be replaced and improved through the
development of this project.
The actions in Section 35.3.3.A shall be further evaluated under the following
factors to balance the interest in promoting the public health, safety, morals, or
general welfare against the right to the use of the property in issue:
a. The existing land use pattern surrounding the property and the
possible impact on existing or future development or uses that
are in accordance with existing regulations;
The existing uses surrounding the subject property are
compatible with the proposed uses on the subject property. The
proposed development will not impede the orderly development
of the surrounding properties.
b. The possible creation of an isolated district unrelated to
adjacent and nearby districts;
The proposed development is compatible with the adjacent
districts and will mesh with the existing nearby designations.
The amendment will not create an isolated district.
c. The population density in order to facilitate the adequate
provision of transportation, water, sewer, schools, parks, public
convenience, and other public requirements;
Multiple infrastructure improvements are required to serve the
proposed development and adequate provisions will be made to
serve the existing and future population density associated with
this project.
d. The cost to the City and other governmental entities in
providing, improving, increasing or maintaining public utilities,
schools, streets and other public safety measures;
The City and other governmental agencies (e.g. TXDOT and
DISD) are working with the applicant to address all costs
associated with providing, improving, increasing and
maintaining public utilities schools, streets and other public
safety measures that must be constructed to serve this
proposal.
e. The possible impact on the environment, including but not
limited to, drainage, soil erosion and sedimentation, flooding, air
quality and water quantity;
The impact on the environment and drainage has been
adequately addressed by the applicant in association with the
development proposed on the Northern Tract. The applicant will
also have to adhere to all subdivision regulations during the
platting process.
f. Whether there are substantial reasons why the property cannot
be used in accordance with existing zoning or that proposed by
the Future Land Use Map; and
The type of development being proposed exceeds the allowable
standards within the existing future land use designations and
zoning districts.
g. The action shall be made with reasonable consideration of the
character of the district and its peculiar suitability for particular
uses, and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
City.
The character of the site is suitable for the uses and
development standards contemplated by the proposed future
land use designations. The locations of the proposed uses,
both retail and residential, are laid out in a manner that should
not negatively impact the existing adjacent uses. Additional
measures are being required to help screen and buffer existing
uses as well.
DEPARTMENT AND AGENCY REVIEW:
The following are comments made by the Development Review Committee
regarding the proposed Comprehensive Plan Amendment; the applicant has
either addressed these comments or they will be addressed prior to issuance of a
building permit:
1. The Comprehensive Plan Amendment checklist requires that an Assessment
of Public Facilities be provided. The only information received is the Traffic
Impact Analysis submitted under TIA06-0003. No other documentation
discussing existing and proposed water, sewer and drainage has been
provided for review. (SUBMITTED AND REVIEWED - INFORMATION IS
SUFFICIENT FOR THIS PHASE OF THE PROJECT - MORE DETAILS WILL
NEED TO BE DEVELOPED AS THE PROJECT PROGRESSES)
FINDINGS:
The requested is consistent with the requirements of a Comprehensive Plan
Amendment in the Denton Development Code and the standards within the
Denton Plan.
RECOMMENDATION:
The Planning & Zoning Commission recommends approval (7-0).
EXHIBIT 2
Aerial Overview of Entire Subject Property
UNIVERSITY
B
O
N
N
I
E
B
R
A
E
I-35N
EXHIBIT 3
Aerial of Northern Tract
B
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I
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B
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A
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UNIVERSITY
I-35N
EXHIBIT 5
Existing and Proposed Zoning for Northern Tract
Existing Zoning
B
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I
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B
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A
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I-35N
UNIVERSITY
Proposed Zoning
B
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I
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B
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I-35N
UNIVERSITY
EXHIBIT 6
Existing and Proposed Future Land Use Designations for Northern Tract
Existing Future Land Use Designations
B
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N
N
I
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B
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A
E
UNIVERSITY
I-
Proposed Future Land Use Designations
B
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I
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B
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A
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UNIVERSITY
I-
EXHIBIT 7
Notification Map
EXHIBIT8
EXHIBIT9
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Planning and Development Department
ACM: Howard Martin, 349-8232
SUBJECT:Z06-0029 and Z06-0030 (Rayzor Ranch)
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, defining an overlay district classification, potentially applicable to approximately
410 acres of land, generally located on both sides of West University Drive / U.S.
Highway 380, and being generally located between IH-35 and Bonnie Brae street;
rezoning 53.65 acres of land located therein, from the existing NRMU-12, NRMU and
CM-G zoning classifications and use designations to the RCC-D zoning classification
and use designation, as modified by the terms of the Rayzor Ranch Overlay District
classification defined by this ordinance; amending Chapter 35, Subchapter 7 of the City
of Denton Code of Ordinances, “Denton Development Code”, “Special Purpose and
Overlay Districts” to add section 35.7.13, “Rayzor Ranch Overlay District”; providing for
the regulation of land uses and development standards for the Rayzor Ranch Overlay
District; and establishing a penalty in the maximum amount of $2,000.00 for violations
thereof, severability and an effective date. The Planning & Zoning Commission
recommends approval (7-0).
BACKGROUND:
Applicant: Allegiance Development Dallas, TX
Allegiance Development has submitted a request for a Comprehensive Plan Amendment
and a Special Purpose Overlay District for the Rayzor Ranch Development. The entire
subject property encompasses approximately 410 acres of land located generally on both
sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and
Bonnie Brae Street (See Exhibit 2). The parcel north of U.S. 380 contains approximately
151.6 acres (Northern Tract) and is currently undeveloped except for an existing self-
storage facility, which will be removed (See Exhibit 3). The applicant proposes to
construct a combination of retail and single family residential uses in this area (See
Exhibit 4) which is currently zoned a combination of Neighborhood Residential 3 (NR-
3), Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential
Mixed Use (NRMU) and Community Mixed Use General (CM-G) zoning districts (See
Exhibit 5).
The applicant is requesting a Comprehensive Plan Amendment (The Denton Plan 1999-
2020) (See Exhibit 6) for the Northern Tract in conjunction with the Special Purpose
Overlay District request and a request to rezone 53.65 acres of the Northern Tract from
Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed
Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to a base
zoning district of Regional Center Commercial Downtown (RCC-D). The subject
property south of U.S. 380 as well as the remainder of the Northern Tract will be the
primary focus of an additional Comprehensive Plan Amendment, Special Purpose
Overlay District and rezoning case that will be scheduled for consideration in the near
future. The properties surrounding the entire 410-acre site are being sent notices for both
sets of public hearings since some of the proposed standards (e.g. landscaping and
architectural design) affect property on both sides of U.S. 380.
The Northern Tract is surrounded by office, townhome, single family detached,
undeveloped land and a church to the north; North Lakes Park and retail uses to the east
across Bonnie Brae; retail uses and undeveloped land (the Southern Tract) to the south
across U.S. 380; and retail, commercial and lodging uses to the west. The purpose of the
Comprehensive Plan Amendment and the Special Purpose Overlay Zoning District is to
join the Future Land Use Plan and the underlying zoning districts with the land uses
being proposed for the site.
Public notification information is provided in Exhibit 7. As of this writing, staff has
received one neutral response and one that is both opposed and in favor of the request
from property owners within 200 feet of the subject site.
OPTIONS:
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Table item.
RECOMMENDATION:
The Planning & Zoning Commission recommends approval (7-0).
PRIOR ACTION/REVIEW:
1. December 6, 2006 Planning and Zoning Commission Work Session Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch
2. January 10, 2007 Planning and Zoning Commission Public Hearing Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch (The Commission
recommended approval 7-0)
3. February 20, 2007 City Council Public Hearing Regarding Proposed Mobility Plan
Amendment for Rayzor Ranch (The Council approved 7-0)
4. February 21, 2007 Planning and Zoning Commission Work Session Regarding
Northern Tract Comprehensive Plan Amendment
5. February 28, 2007 Planning and Zoning Commission Work Session Regarding
Proposed Rayzor Ranch Overlay District
6. March 7, 2007 Planning and Zoning Commission Work Session Regarding Proposed
Rayzor Ranch Overlay District
7. March 14, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Northern Tract Comprehensive Plan Amendment
EXHIBITS:
1. Staff Analysis
2. Aerial Overview of Entire Subject Property
3. Aerial of Northern Tract
4. Site Plan of Northern Tract
5. Existing and Proposed Zoning for Northern Tract
6. Existing and Proposed Future Land Use Designations for Northern Tract
7. Notification Map
8. Draft Ordinance
9. March 14, 2007 Planning and Zoning Commission Minutes
Prepared by:
Chuck Russell, AICP
Planner III
Respectfully submitted:
Brian Lockley, AICP
Interim Director of Planning & Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO: Z06-0029, Z06-0030 DATE TO BE CONSIDERED: March 27, 2007
LOCATION:The property is located on both sides of U.S. Highway 380 (West
University Drive) between Interstate Highway 35N and Bonnie Brae
Street
OWNER/Allegiance Development
APPLICANT:14881 Quorum Drive, Suite 950
Dallas, TX 75254
REQUEST: Change in zoning from Neighborhood Residential Mixed Use 12
(NRMU-12), Neighborhood Residential Mixed Use (NRMU) and
Community Mixed Use General (CM-G) zoning districts to a base
zoning district of Regional Center Commercial Downtown (RCC-D)
on 53.65 acres and the creation of a Special Purpose Overlay
District on the entire 410 acre site.
RECOMMENDATION: The Planning & Zoning Commission recommends
approval (7-0)
ZONING Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood
DISTRICTS: Residential Mixed Use (NRMU) and Community Mixed Use General
(CM-G)
COMPREHENSIVE PLAN“Neighborhood Centers”, “Existing Land Use” and
DESIGNATIONS:“Community Mixed Use Centers”
SITE AND SURROUNDINGS: The property is currently undeveloped except for
an existing self-storage facility along U.S. 380.
North:Neighborhood Residential 3 (NR-3), Neighborhood
Residential Mixed Use 12 (NRMU-12); Office, Townhome,
Single Family Detached, Undeveloped Land and a Church
East:Neighborhood Residential 2 (NR-2) and Community Mixed
Use General (CM-G); North Lakes Park and Retail
South:Neighborhood Residential 6 (NR-6), Neighborhood
Residential Mixed Use (NRMU) and Community Mixed Use
General (CM-G); Retail and Undeveloped Land
West:Regional Center Commercial Downtown (RCC-D) and
Community Mixed Use General (CM-G); Retail, Commercial
and Lodging
BACKGROUND INFORMATION:
The applicant is proposing to develop approximately 454,000 square feet in three
“big box” retail centers, 287,000 square feet of smaller “junior box” retail uses,
100,000 square feet of stand alone retail and restaurant uses, 162 single family
detached units and 186 single family attached units (townhomes) on the Northern
Tract. The retail portion of the Northern Tract will comprise approximately 106.4
acres with residential area using the remaining 45.2 acres of the Northern Tract.
The Denton Plan identifies Neighborhood Mixed Use Activity Centers as being up
to 10 acres in size and having a typical store size of less than 4,000 square feet
(convenience and service uses). The Denton Plan identifies Community Mixed
Use Centers as being up to 30 acres in size and having a typical store size of
less than 100,000 square feet. According to the Denton Plan, Regional Mixed
Use Centers include areas that exceed 30 acres in size and stores that are
greater than 100,000 square feet. Clearly, the proposed development fits the
category of Regional Mixed Use Center.
The retail zoning of the Northern Tract will be based on the Regional Center
Commercial Downtown (RCC-D) zoning district and will allow the additional
conditional uses of wholesale sales, construction material sales, gas stations and
garden centers. Auto and RV sales will be prohibited through the Overlay
District.
The Northern Tract will also include approximately 9 acres of open space that is
being set aside to serve primarily as a drainage and water quality feature. The
applicant has worked with staff to utilize the latest guidelines from the North
Central Texas Council of Governments regarding control of the materials that
typically flow off of commercial property during storms. The water quality feature
will be the first of its kind in Denton and will help prevent materials from entering
North Lakes pond across Bonnie Brae Street from the site.
The applicant is requesting the current Development Code requirement that
prohibits impervious surface parking from exceeding the number of Code
required parking spaces be waived. Based on the preliminary information
provided by the applicant, approximately 4,940 parking spaces are being
proposed for the retail portion of the Northern Tract. The Code requirement for
parking in this area is approximately 3,000 parking spaces. Staff has asked the
applicant to utilize ways of mitigating this additional impervious parking area
though the use of open space, landscaping, architectural design and tree
planting/canopy that exceeds Code requirements.
According to the applicant and confirmed by staff, in early September of 2006,
several thousand caliper inches of trees were removed without a permit on the
Northern Tract. The vast majority of these trees were mesquite, willow and
hackberry. The Denton Development Code classifies these trees as a secondary
species, but they are still protected and their removal must be mitigated. The
applicant is working to plant as many trees as possible within the boundaries of
the Rayzor Ranch development (See Exhibit C of Exhibit 8). A 15-acre park is
proposed within the Southern Tract that will provide an opportunity for new tree
planting. Staff has also provided the applicant with off-site tree planting options
in North Lakes Park and along the median of Windsor Street.
Staff has encouraged the applicant to utilize tree planting and canopy to mitigate
for their requested Code variances. Tree canopy is a key method of
compensating for impervious surface coverage (parking lots). Staff has stated a
willingness to allow the applicant to use proposed open space and tree canopy
within the Southern Tract to help compensate for any shortage of open space
and tree canopy proposed within the Northern Tract. Staff is looking for the
applicant to provide an overall excess of open space and tree canopy, much like
a typical Alternative Development Plan process. The table provided in Exhibit C
of Exhibit 8shows the applicant’s proposed tree canopy and open space by
percentages. Staff is looking at the comparison both in terms of the current
zoning and the proposed base zoning as it compares to the proposed
percentages.
Subchapter 13 of the Denton Development Code regulates the site and
architectural design standards for residential and nonresidential development.
Staff has encouraged the applicant to provide a unified architectural theme
throughout the proposed development to enhance the special nature of the
proposed development and help justify the need to modify the standard
regulations in the Code through the use of a Special Purpose Overlay District.
The applicant has proposed some modifications to these Code requirements to
accommodate their development within the Northern Tract. Some of these
modifications are less restrictive than the Code and some are more restrictive.
The retail structures will be required to provide building materials and colors on
walls visible from streets that exceed the current Code requirements. The
applicant is also requesting requirements that are less restrictive than the Code
for the three proposed “big box” anchors regarding outside storage and rear
setback from adjacent property to the north (See Exhibit D in Exhibit 8).
Staff has identified the minimum acceptable transportation improvements that
must be completed prior to the opening the retail uses within the Northern Tract.
They are attached as a part of the draft ordinance language in Exhibit 8. These
improvements will allow for sufficient access to the site and will be performed by
the applicant in conjunction with the major improvements that are being built for
U.S. Highway 380 as it abuts the site. The proposed improvements must be
approved by City and TxDOT engineers and are designed to dovetail with the
future improvements to U.S. 380 east of Bonnie Brae and west of I-35N. The
project will create a minimum of six lanes (three on each side), double left turn
lanes at the major entrances and two new signal lights.
The topography of most of the Northern Tract forces water to drain from the north
and west to the south and east until in ends up and a pipe under Bonnie Brae
and flows into North Lakes pond. As mentioned previously above, staff is
including drainage and water quality requirements as a part of the Overlay
District for the Northern Tract (See draft ordinance language in Exhibit 8). These
requirements are designed to ensure that flow of storm water can be controlled
by the existing pond and dam in North Lakes Park as well as to control the
amount of pollutants that will enter the pond since it is used for recreational
activities.
ANALYSIS:
The applications for the rezoning of the 53.65 acres of the Northern Tract the
remainder of Northern and Southern Tracts are being considered at public
hearings at different times based on the following reasons:
1. The applicant has proposed street sections for much of the Southern Tract
that are not adopted standards defined in the City Transportation Criteria
Manual. Many of the street widths are narrower than what the Criteria
Manual requires. The applicant and staff are working together to resolve
the City’s concerns over parking and access brought about by these
alternative street sections (defined as Context Sensitive).
2. City and TxDOT staff are in the process of reviewing the applicant’s
proposed modifications to U.S. Highway 380. These modifications have
been described in a Traffic Impact Analysis (TIA) submitted by the
applicant’s engineers; once the City and TxDOT are in support of the TIA,
road improvements will be required to be constructed in order to serve the
proposed development.
3. City staff is working with the applicant to ensure adequate infrastructure
will be in place to serve the proposed development in the southern Tract.
This infrastructure includes water, wastewater, storm water and electricity.
The applicant and staff are also working on outstanding issues regarding
proposed private streets (gated access) for the Northern Tract residential area
regarding utility locations, shared access drives, maintenance responsibilities,
etc.
In order to move forward with the zoning approval of the area designated as RR-
3 in Exhibit 8 (53.65 acres), the following conditions are being recommended by
staff:
1. The transportation improvements listed in Exhibit 8 must be completed as
scheduled in the draft ordinance.
2. Drainage improvements must be completed as per the schedule defined
by City staff in Exhibit 8. At a minimum, the applicant must detain storm
water from area RR-3 within area RR-2 at a rate that will not impact North
Lakes Park any more than current run-off under existing conditions. The
applicant will be required to comply with water quality regulations that will
reduce the amount of materials that will enter into North Lakes park via
storm water runoff from the proposed development.
3. Tree mitigation is a stand-alone requirement that the applicant must
comply with regarding trees already removed without benefit of a permit.
The applicant may utilize areas within Rayzor Ranch, nearby City parks
and the Windsor Road median to plant trees as compliance for required
mitigation. The applicant may also use the Southern Tract to provide tree
plantings, landscaped areas, open space, public and plaza spaces and
tree canopy to compensate for the additional surface parking being
proposed to serve the “big Box” retail uses within area RR-3. The
percentages of tree canopy and open space must comply with the chart
shown in Exhibit 8 in accordance with a development agreement that will
be executed between the City and the applicant.
4. The applicant must comply with the architectural standards in Exhibit 8 in
conjunction with the “big box” retail development. By incorporating
building material and design standards in excess of the existing Code
requirements, staff is trying to ensure that a quality development will be
built with a unified theme. The architectural requirements will not only
provide façade treatments that benefit views of the subject property from
adjacent streets, they will also benefit the existing and proposed
residential uses to the north of the subject property that have views of the
rear of the buildings.
DEPARTMENT AND AGENCY REVIEW:
Relevant Department and Agency comments and issues have been incorporated
into this staff report.
FINDINGS:
Pursuant to subsection 35.3.4.B. of the Denton Development Code, a zoning
amendment shall be approved only when the following criteria are met:
1. The proposed rezoning conforms to the Future Land Use element of The
Denton Plan.
The applicant is pursuing a Comprehensive Plan amendment in
conjunction with the proposed zoning change request. If approved, the
future land use designation will be changed in the area defined as RR-3 in
Exhibit 5 from Community Mixed Center and Neighborhood Center to
Regional Mixed Use Center. The proposed future land use category is
appropriate to support the zoning change being proposed by the applicant.
2. The proposed rezoning facilitates the adequate provisions of
transportation, water, sewers, schools, parks, other public requirements
and public convenience.
As stated above, all infrastructure improvements will be completed in
order to accommodate the proposed retail development within area RR-3
in Exhibit 5.
The request, subject to staff’s conditions and the City Council’s approval of the
proposed Comprehensive Plan amendment, is consistent with the requirements
of the Denton Development Code and the standards set forth within the Denton
Plan.
RECOMMENDATION:
The Planning & Zoning Commission recommends approval (7-0).
EXHIBIT 2
Aerial Overview of Entire Subject Property
UNIVERSITY
B
O
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N
I
E
B
R
A
E
I-35N
EXHIBIT 3
Aerial of Northern Tract
B
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B
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A
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UNIVERSITY
I-35N
EXHIBIT 5
Existing and Proposed Zoning for Northern Tract
Existing Zoning
B
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N
I
E
B
R
A
I-35N
E
UNIVERSITY
Proposed Zoning
B
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N
N
I
E
B
R
A
E
I-35N
UNIVERSITY
EXHIBIT 6
Existing and Proposed Future Land Use Designations for Northern Tract
Existing Future Land Use Designations
B
O
N
N
I
E
B
R
A
E
UNIVERSITY
I-35
Proposed Future Land Use Designations
B
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N
I
E
B
R
A
E
UNIVERSITY
I-35
EXHIBIT 7
Notification Map
EXHIBIT 8
EXHIBIT9
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Planning and Development
ACM: Howard Martin, 349-8232
________________________________________________________________________
SUBJECT:
Hold a public hearing and consider the adoption of an ordinance amending the Denton Plan
concerning Master Planned Communities (MPC) in future land use designations (CA07-0003
Master Planned Community Districts). The Planning and Zoning Commission recommends
approval (7-0).
BACKGROUND
On October 17, 2006, City Council adopted the Master Planned Community development code
amendment to address land uses, zoning and other regulations for several large planned
communities that are in the pipeline, namely: Cole Ranch, Hillview (Rayzor) and Hunter Ranch.
Since adoption of the ordinance, these projects have submitted applications and are in review. In
order to complete amendments for this process, staff has developed the attached amendment to
the Denton Plan to further reflect the scope and scale created by the development of a Master
Planned Community.
th
The Denton Plan (the Plan) was adopted by ordinance on December 7, 1999 and set the
framework for future land use decisions. The central theme of the Plan is growth management
and all of the elements of the Plan are based on growth management principles. Key planning
principles that support growth management are balance and maintenance. The practical aspect of
land use balance is expressed in the ratio of residential to nonresidential uses. Maintenance can
be reflected in terms of developments providing the resources to maintain its infrastructure and
public facilities.
As a guiding document, the Plan represents the values expressed by the cooperative efforts of
elected and appointed officials, city staff, and concerned citizens, at that time. However, as a
fluid document, the Plan is designed to be amended to reflect the changing values, goals, and
needs of the City. The recently adopted MPC development code amendment represents an
alternative zoning district and development process to accommodate substantial development for
residential, commercial, professional, recreational, industrial or other activities, including
combinations of uses appropriately requiring flexibility under controlled conditions, not
otherwise attainable under conventional zoning districts.
Although the Denton Plan supports master planned communities as proposed, it does not give
guidance concerning the location of such developments in the future land use designations. The
purpose of these amendments is to provide that guidance and recognize the land uses where
master planned communities are most appropriate. As adopted, the minimum area required for a
Master Planned Community district is three hundred (300) contiguous acres held under single
ownership at the time of application submittal for land in certain areas shown on Exhibit 2, and
125 acres in all other locations. Consequently, staff proposes the amendments to the Denton
Plan as drafted in Exhibit 1. If adopted, master planned communities will not be required to
process a comprehensive plan amendment as part of the proposal if the MPC incorporates the
goals and objectives of the Denton Plan.
Staff is obliged to note that any amendments to the Denton Plan must meet the requirements of
State law, and language elsewhere contained in the comprehensive plan. Staff believes that the
amendments proposed by P&Z are in keeping with these requirements however staff would like
to further clarify the intent of this amendment in terms of Master Planned Communities being
appropriately developed in any future land use category. Large-scale development does not
easily fit the statutory zoning scheme of State law, which requires zoning compatibility with a
city’s comprehensive plan. This scheme works fine for smaller single-use developments, but for
large multi-use development, the impacts of the development may extend far beyond the
project’s physical boundaries and contemplates that there may be other “Comprehensively
Planned Large Scale Developments” in Denton’s future with no residential component (e.g., a
large office park development, similar to Legacy in Plano). Therefore, Comprehensively
Planned Large Scale Developments must be compatible with surrounding uses and such a
requirement is implicit in the comprehensive plan requirement, and explicit in other areas of the
comprehensive plan.
OPTIONS
1. Recommend approval.
2. Recommend approval with amendments.
3. Recommend denial.
4. Table.
RECOMMENDATION
The Planning and Zoning Commission recommended approval 7 – 0.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
January 10, 2007 – Planning &Zoning Commission work session
January 24, 2007 – Planning & Zoning Commission work session
February 21, 2007 – Planning & Zoning Commission work session
March 14, 2007 – Planning & Zoning Commission work session and public hearing
EXHIBITS
1. Ordinance
2. Master Planned Communities Minimum Land Areas Map
3. Planning & Zoning Commission Minutes, March 14, 2007
Respectfully submitted,
Brian Lockley, AICP
Interim Planning and Development Director
EXHIBIT 1
EXHIBIT 3
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Planning and Development
ACM: Howard Martin, 349-8232
________________________________________________________________________
SUBJECT
Hold a public hearing and consider adoption of an ordinance amending Subchapter 16 of the
Denton Development Code concerning recording of plats, construction of public improvements
and building permits (DCA06-0017, Subchapter 16 Building Permits). The Planning and Zoning
Commission recommends approval (7–0).
BACKGROUND
Allowing building permits to be issued while public improvements are still under construction
has been a practice used in certain situations by the city in the case of large commercial projects
(including multi-family projects of three or more units). On occasion, usually with a contract,
building permits on commercial projects have been issued prior to the plat being recorded. The
context for such practice has usually been that a permit from an outside agency (e.g., TxDOT or
FEMA) is still pending. Recently however this practice has been examined to further define the
circumstances whereby building permits may be issued while public improvements are still
under construction when the health, safety, and welfare of adjacent property owners are not
compromised.
The attached ordinance amendment recognizes the need for this practice and defines the
guidelines to issue building permits when all improvements are not in place under certain
conditions. In summary, the City will not issue building permits for single-family or duplex
residential until such property has received final plat or development plat approval and is in
conformity with the provisions of the subdivision regulations, the plat has been recorded, all
easements including those by separate instrument and all applicable permits are in place, and all
public improvements have been accepted (if applicable).
The amendment similarly restricts multi-family and non residential development except upon
application and satisfaction of certain conditions, the building official may issue a hardship
building permit for multi-family or non-residential development, to enable limited construction
prior to satisfaction of remaining development requirements:
OPTIONS
1. Recommend approval.
2. Recommend approval with amendments.
3. Recommend denial.
4. Table.
RECOMMENDATION
The Planning and Zoning Commission recommended approval 5 – 0.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
October 11, 2006 Planning and Zoning Commission work session
January 10, 2007 Planning and Zoning Commission work session
January 24, 2007 Planning and Zoning Commission work session
February 21, 2007 Planning and Zoning Commission work session
February 28, 2007 Planning and Zoning Commission public hearing
EXHIBITS
1. Ordinance
2. February 28, 2007, Planning & Zoning Commission Minutes
Respectfully submitted,
Brian Lockley, AICP
Interim Planning and Development Director
Exhibit 1
Exhibit 2
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Barbara Ross 349-7235
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of a single family residence through the City of Denton Community
Development Division; providing for the expenditure of funds therefore; and providing an
effective date (Bid 3710-Single Family New Construction 816 Allen St. awarded to Delta One
Construction Services in the amount of $103,392).
BID INFORMATION
This bid is for the construction of an Energy Star-rated 1277 square-foot three bedroom, two
bath, one car garage single family home to be located on an infill lot located at 816 Allen Street.
This house is being built as part of the Community Development DivisionÓs Infill New
Construction Program. The programÓs goal is to provide an affordable energy efficient housing
unit for a low/moderate first-time homebuyer through construction of a single-family home on a
vacant, abandoned infill lot in an existing residential neighborhood. The purchaser of this unit
must meet DentonÓs Homebuyer Assistance Program eligibility guidelines.
Bids were solicited from over 30 qualified contractors. Three potential bidders attended the pre
bid meeting. Delta One Construction Services was the only bidder to respond.
RECOMMENDATION
Award to the single bidder, Delta One Construction Services, in the amount of $103,392.
PRINCIPAL PLACE OF BUSINESS
Delta One Construction Services
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
Construction of the housing unit is scheduled to begin April 1, 2007 with an estimated
completion date of September 1, 2007.
Agenda Information Sheet
March 6, 2007
Page 2
FISCAL INFORMATION
This project will be financed from Community Development Block Grant funds-account
912003007.1360.10100.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation Sheet
1-AIS-Bid 3710
Attachment 1
Bid #3710
Date: 2/8/07
Single Family New Construction - 816 Allen Street
NO.DESCRIPTIONVendor
Delta One
Construction
Services
Principle Place of Business:Denton, TX
1Total Base Bid$103,392
2Bid BondYes
Addendum #1Yes
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE THROUGH
THE CITY OF DENTON COMMUNITY DEVELOPMENT DIVISION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
3710-SINGLE FAMILY NEW CONSTRUCTION 816 ALLEN ST. AWARDED TO DELTA ONE
CONSTRUCTION SERVICES IN THE AMOUNT OF $103,392).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
CONTRACTOR AMOUNT
NUMBER
3710 Delta One Construction $103,392
. The acceptance and approval of the above competitive bids shall not constitute
SECTION 2
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2007.
______________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: _________________________________
3-ORD-Bid 3710
AGENDA INFORMATION SHEET
AGENDA DATE: March 27, 2007
DEPARTMENT: Transportation Operations
ACM: Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton supporting
legislative efforts contained in Senate Bill 12 by Senator Kip Averitt to extend the Texas
Emission Reduction Program, making modifications to the low income repair and assistance
program and implement other energy efficiency measures; and providing for an effective date.
(Mobility Committee recommends approval 2-0)
BACKGROUND
The Dallas-Fort Worth urbanized (DFW) area along with other urbanized areas throughout the
state are struggling with poor air quality and have been categorized by the Environmental
Protection Agency (EPA) as non-attainment areas. Non-attainment areas must implement
strategies to improve air quality through the reduction of emissions. Attainment is made difficult
due to rapidly growing population, and by the fact that mobile sources like cars, pickups, trains,
planes and construction equipment are largely regulated by the federal government, and cannot
be controlled by the state. In the DFW area, 73 percent of NOx (nitrogen oxides) emissions come
from such mobile sources.
To help control these mobile sources, the legislature established the Texas Emissions Reduction
Plan (TERP) in 2001 for non-attainment and near-non-attainment areas. The TERP program
provides financial incentives for owners of heavy-duty equipment and vehicles to replace or
rebuild old, high-polluting engines resulting in cleaner-burning engines. Funding for the TERP
comes from several different sources including fees on vehicle title transfers, commercial vehicle
registration and commercial vehicle inspection. Currently the fund balance is approximately
$118 million and an additional $190 million will be generated over the next biennium to create
$380 million in funding.
Low-Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program
th
(LIRAP) was also created in 2001 by the 77 Legislature and is a program directed at repairing
and replacing the oldest and dirtiest vehicles in non-attainment areas. The program provides
$600 for repair and $1,000 for replacement for qualified low-income residents. The program is
primarily funded through a Safety and Emissions Inspection Fee and currently has a balance of
$80.44 million due to the program being underutilized.
Cynthia White, Chair of the North Central Texas Council of Government’s Regional
Transportation Council has submitted a letter to state legislators indicating the DFW area’s
Agenda Information Sheet
March 27, 2007
Page 2 of 2
support of both the TERP and LIRAP programs (Exhibit 2) and requesting that both programs be
fully funded. The Dallas Regional Mobility Coalition recently passed a resolution supporting
Senator Kip Averitt’s Senate Bill 12 (Exhibit 3). SB 12 recommends accounting and
administrative changes to the TERP to enhance the effectiveness of the program and
recommends changes to the (LIRAP) to make it accessible to more individuals thereby
enhancing the effectiveness of this program in improving air quality throughout the state. A
summary of Senator Averitt’s Omnibus Air Bill (SB 12) detailing proposed changes to the two
air quality programs has been attached as Exhibit 4 for your reference. Judge Mary Horn,
DRMC Chair, has requested that DRMC members seek similar resolutions supporting SB 12.
RECOMMENDATION
Staff recommends the Denton City Council approve.
PRIOR ACTION/REVIEW
th
This item was presented to the Mobility Committee at their March 16, regular meeting. The
Mobility Committee recommends approval 2-0.
FISCAL INFORMATION
N/A
EXHIBITS
1. Resolution
2. RTC Letter
3. DRMC Resolution
4. SB 12 Summary
5. Minutes
Respectfully Submitted:
Mark Nelson
Chief Transportation Officer
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
1
2
3 DRAFT MINUTES
City Council Mobility Committee
4
5 Friday, March 16, 2007
6
7
After determining that a quorum of the Mobility Committee of the Denton City Council was
8
9 present, the Chair of the Committee on the Mobility announced a quorum and convened into a
10 meeting on Friday, March 16, 2007 at 10:05 a.m. in the City Council Work Session room, 215 E.
11 McKinney Street, Denton, Texas.
12
Present:Chair Pete Kamp, Mayor Perry McNeill
13
14
15 Ex Officio Members:
16 Jim Coulter, Director Water Utilities
Mark Nelson, Chief Transportation Officer
17
18
19 Also Present: George Campbell, City Manager
20 Howard Martin Assistant City Manager
21 Frank Payne, City Engineer
John Polster, ITS
22
23 Tim Whitman, Airport
24
25
5.) Consider a Resolution of the City Council of the City of Denton supporting legislative
26
27 efforts contained in Senate Bill 12 by Senator Kip Averitt to extend the Texas Emission
28 Reduction Program, making modifications to the Low Income Repair and Assistance
29 Program and implement other energy efficiency measures; and providing for an effective
date.
30
th
31 Receive a report, hold a discussion and provide direction on legislative actions by the 80
32 Legislature as it relates to transportation issues.
33
Mark Nelson explained the benefits of this legislation and improvements to air quality. Low-
34
35 Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program
th
36(LIRAP) was also created in 2001 by the 77 Legislature and is a program directed at repairing
and replacing the oldest and dirtiest vehicles in non-attainment areas. The program provides
37
$600 for repair and $1,000 for replacement for qualified low-income residents. The program is
38
39 primarily funded through a Safety and Emissions Inspection Fee and currently has a balance of
40$80.44 million due to the program being underutilized.
41
Nelson stated that the Dallas Regional Mobility Coalition (DRMC) passed a resolution in
42
43 support of this proposed legislation at their March 2007 meeting. He reported that DRMC Co-
44 Chair Judge Mary Horn asked that DRMC members request that their respective organizations
pass similar resolutions supporting the legislation.
45
46
47 Mayor Pro Tem Kamp stated that she requested this as an agenda item and explained that this
48 was a valuable program and that the program is helping to remove problematic vehicles from our
Exhibit 5
Draft Minutes – Mobility Committee Meeting
March 16, 2007
Page 2 of 2
1 roadways. Mayor McNeill suggested that this item be placed on the consent agenda when
2 presented to City Council.
3
4 Mayor McNeill made a motion to recommend approval of the resolution. The recommendation
5 passed 2-0.
6
Handout to City Council
S:Wur DOCUmeah~Ordinances~07~CA06-0008 Dratt Ordinance 3.20.U7.DOC 03/27/07 Item 4.A.
ORDINANCE NO.
AN ORDINANCE OF THE CTI'Y OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT
TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE
CTI'Y OF DENTON, TEXAS, THE AREA FOR AMENDMENT ENCOMPASSING A 152.9-
ACRE TRACT OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF II3-35, NORTH
OF WEST UNiVERSTI'Y DRIVE / U.S. 380 AND WEST OF BONNIE BRAE STREET, AND
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBTT "A",
ATTACHED HERETO, AND DEPICTED ON EXHIBIT `B", ATTACHED HERETO, AND
LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE FRANCIS BASTON
SURVEY, ABSTRACT N0.43, IN THE CffY OF DENTON, DENTON COUNTY, TEXAS; AND
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (CA06-0008)
WHEREAS, pursuant to Denton Development Code §35.3.3.C.l.c, the City Manager has
recommended an amendment to the Land Use Plan ofthe land element ofthe Denton Plan for 152.9
acres of land from "ExisSng Land Use", "Neighborhood Centers" and "Community Mixed Use
Centers" land use designations to "Regional Mixed Use Centers" and "Neighborhood Centers" land
use designations, as requested by Allegiance Development; and
WHEREAS, on December 7, 1999, the City of Denton adopted the Denton P1an,1999-2020;
and
WHEREAS, on Mazch 14, 2007, the Planning and Zoning Commission recommended
approval of the Land Use Plan Amendment; and
WHEREAS, the City Council finds that the Land Use Plan Amendment is in the best
interests of the health, safety and general welfare of the citizens of the City of Denton, Texas; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance aze
incorporated herein by reference, and the City Council hereby finds that all legal criteria for approval
have been satisfied, including those set forth in §35.3.3B of the Denton Development Code.
SECTION 2. The Land Use Plan is hereby amended for 152.9 acres ofland, depicted on the
map attached hereto and incorporated herein by reference as Extu~bit `B", and more particulazly
described in the legal description attached hereto and incorporated herein by reference as Exhibit "A"
(the "Property'7.
SECTION 3. The Cit}rs official land use map is amended to show the change in the land use
designation.
SECTTON 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall become effective immediately from and upon its approval.
PASSED AND APPROVED this the ~ day of .2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
PAGE 2
APPROVED AS TO LEGAL FORM:
EXHIBIT A
LEGAL DESCRIPTION
BEING a 152.925 acre tract of ]and situated in the Ftancis Baston Survey, Abstract Number 43,
Denton County, Texas, in the City of Denton, being a portion of the tract of land described as Tract
Two in the deed to Allegiance Hillview, LP, recorded in Document Number 2006-41743, Deed
Records of Denton County, Texas, and a portion of the tract of land described in the deed to
Allegiance Hillview, LP, recorded in Document Number 2006-41738, Deed Records of Denton
County, Texas, and all of the tracts of land described in the deeds to Allegiance Hillview, LP,
recorded in Document Number 2006-41741, and Document Number 2006-50702, Deed Records of
Denton County, Texas, and a portion of the tract of land described in the deed to Mesquite Creek
Development, Inc., recorded in Volume 14562, Page 683, Deed Records ofDenton County, Texas,
said 152.925 acre tract of land being more particulazly described as follows:
BEGINNING at a 5/8 inch iron rod with a yellow plastic cap stamped "Dunaway Assoc, LP" set in
the northerlyright-of--way line of West University Drive (U.S. Highway 380, a 100 foot wideright-
of-way) for the most southerly southeast corner. of Lot 1, Sandy Addition, an addition to the City of
Denton according to the plat recorded in Volume 13, Page 47, Plat Records of Denton County,
Texas;
THENCE with the northerlyright-of--way line of West University Drive the following:
North 88°45'00" West a distance of 448.00 feet passing a 5/8 inch iron rod found for the
southwesterly comer ofsaid Lot 1, Sandy Addition in all a total distance of 773.39 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "Dunaway Assoc, LP" set for corner;
North 88°33'20" West a distance of 1,684.90 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Dunaway Assoc, LP" set for comer;
THENCE departingthe northerlyright-of--way line of West UniversityDrive North 00°46'38" East a
distance of 258.10 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Dunaway Assoc,
LP" set for corner;
THENCE North 43°52'35" West a distance of 21.34 feet to a 518 inch iron rod with a yellow plastic
cap stamped "Dunaway Assoc, LP" set for comer;
THENCE North 88°31'49" West a distance of 292.99 feet to a 5/8 inch iron rod with a yellow plastic
cap stamped "Dunaway Assoc, LP" set for comer;
THENCE North O l °28' 11" East a distance of 80.00 feet to a 5/8 inch iron rod with a yellow plastic
cap stamped "Dunaway Assoc, LP" set for corner,
THENCE North 88°31'49" West a distance of286.72 feet to a 5/8 inch iron rod with ayel]ow plastic
cap stamped "Dunaway Assoc, LP" set in the easterly line of Lot 1, Block A, PorterlAndrus
PAGE 3
Addition, an addition to the City of Denton, according to the plat recorded in Cabinet O, Page 45,
Plat Records of Denton County, Texas;
THENCE with the easterly line of said Lot 1, Block A, North 00°43'47" West at a distance of 39.64
feet passing the conunon easterly comer of said Lot 1, Block A, and Lot 2, Block A, Porter/Andrus
Addition, an addition to the City of Denton according to the plat recorded in Cabinet V, Page 856,
Plat Records of Denton County, Texas, departing the easterly line of said Lot 1, Block A, with the
easterly line of said Lot 2, Block A, in all a total distance of 221.98 feet to a 1/2 inch iron rod found
for the common easterly comer of the tract of land described in the deed to Allegiance Hillview, LP,
recorded in Document Number 2006-41741, Deed Records of Denton County, Texas and said Lot 2,
Block A;
THENCE with the common line of said Allegiance Hillview tract (2006-41741) and said Lot 2,
Block A, Porter/Andrus Addition the following:
North 88°33'32" West a distance of 400.81 feet to a 1/2 inch iron rod found for the northwest comer
of said Lot 2, Block A, Porter/Andrus Addition;
South Ol°38'29" West a distance of 27.68 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Dunaway Assoc, LP" set in the southerly line of said Allegiance Hillview tract (2006-
41741) for the northeasterly comer of Lot 2R; Block 1, Alvin & Chazlotte Whaley Addition, an
addition to the CityofDenton according to the plat recorded in Cabinet I, Page 148, Plat Records of
Denton County, Texas;
THENCE departing the common line of said Allegiance Hillview tract (2006-41741) and said Lot 2,
Block A, PorterlAndms Addition with the northerly line of said Lot 2R, Block i, Alvin & Chazlotte
Whaley Addition North 88°23'07" West a distance of 400.60 feet to a 1/2 inch iron rod found in the
easterly right-of--way line of Interstate Highway 35W (a variable width right-of--way) for the
southwesterly comer of said Allegiance Hillview tract (2006-50702);
THENCE departing the northerly line ofsaid Lot 2R, Block 1, Alvin & Charlotte Whaley Addition
with the easterly right-of--way line of Interstate Highway 35W North I S°34'50" West a distance of
633.81 feet to a 1/2 inch iron rod found for the southwesterly comer of Greenway Club Estates, an
addition to the City ofDenton according to the plat recorded in Volume 4, Page 27, Plat Records of
Denton County, Texas;
THENCE departing the easterlyright-of--way line of Interstate Highway 35 W with the southerly line
of said Greenway Club Estates the following:
North 73°53'24" East a distance of 519.22 feet to a 1/2 inch iron rod found for comer in a non-
tangent curve to the right, the radius point of said curve being situated South 16°57'22" East a
distance of 345.00 feet from said iron rod;
PAGE4
Northeasterly along said curve through a central angle of 16°45'31" an azc distance of 100.91 feet
with a chord bearing of North 81°25'23" East and a chord distance of 100.55 feet to a 1/2 inch iron
rod found for the end of said curve;
South 89°32'03" East a distance of 364.57 feet to a 3/4 inch iron rod found in the westerly line of
said Allegiance Hillview tract (2006-41743) for the southeast comerofsaid GreenwayClubEstates;
THENCE departing the southerly line of said Greenway Club Estates with the easterly line of said
Greenway Club Estates North 00°33' 11" West a distance of 450,46 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "Dunaway Assoc, LP"set for the southwest comer ofBlock 1, Westgate
Heights Phase 1 according to the plat recorded in Cabinet E, Page 77, Plat Records of Denton
County, Texas;
THENCE departing the easterly line of said Greenway Club Estates with the southerly line of said
Block 1, Westgate Heights Phase 1 the following:
North 89°35'31" East a distance of 48.01 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Dunaway Assoc, LP"set for comer;
South 87°12'35" East a distance of 1,043.04 feet to a 5/8 inch iron rod found for the southeasterly
corner of said Block 1, Westgate Hcights Phase 1;
THENCE departing the southerly line of said Block 1, Westgate Heights Phase 1 with the easterly
line of said Block 1, Westgate Heights Phase 1 North 00°55' 15" East a distance of 318.04 feet to a
1/2 inch iron rod found for the southwest comer of the tract of land described in the deed to The
Estate ofJess Newton Rayzor, Lola LaCrosse, Trustee recorded in Document Number 2005-87420,
Deed Records of Denton County, Texas;
THENCE departing the easterly line of said Block I, Westgate Heights Phase 1 with the southerly
line of said Jess Newton Rayzor Estate tract South 88°51'35" East at a distance of 2,048.65 feet
passing a found 5/8 inch iron rod in all a total distance of2,067.29 feet to a 5/8 inch iron and with a
yellow plastic cap stamped "Dunaway Assoc, LP"set for comer inthe westerlyright-of--way line of
Bonnie Brae Street (a variable width right-of--way);
THENCE departing the southerly line of said Jess Newton Rayzor Estate tract with the westerly
right-of--way line of Bonnie Brae Street the following:
South 00°59'30" West a distance of 1,455.41 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Dunaway Assoc, LP" set for the northeast corner of said Lot 1, Sandy Addition;
South 00°49' 16" West a distance of 568.70 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Dunaway Assoc, LP"set for the most easterly southeast comer of Lot 1, Sandy Addition;
South 46°1 l' 16" West a distance of 90.93 feet to the POINT OF BEGINNING;
PAGES
CONTAINING a computed area of 152.925 acres (6,661,420 square feet) of land.
EXHIBIT B
DENTON PLAN AMENDMENT