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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1623,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction on filling the Municipal Judge position and the
recruitment process.
City of DentonPage 1 of 1Printed on 10/5/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Human Resources
CM/ DCM/ ACM: Todd Hileman
DATE: October 9, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction on filling the Municipal Judge position and
the recruitment process.
BACKGROUND
On September 19, 2018, municipal judge Robin Ramsay submitted his notice of retirement to be effective
on November 5, 2018. With the impending vacancy, staff is seeking direction on how the Council wants to
proceed in filling this vacancy.
OPTIONS
Contract with a search firm to conduct the search, conduct the search in-house with the assistance of the
Human Resources staff, promote a City of Denton part-time Municipal Judge, or do not fill the position
and contract the services.
At the request of the Mayor, staff is seeking quotes from several executive search firms for a nationwide
th
search and will have them available at the October 9 City Council meeting. These quotes will not obligate
the Council to do a search but will be available as a resource for the Councilmembers as they discuss how
to proceed.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.2 Develop a high-performance work force
EXHIBITS
Exhibit 1 Agenda Information Sheet
Respectfully submitted:
Carla Romine
Director of Human Resources
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1634,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the proposed agreement with Keep Denton Beautiful, Inc.
City of DentonPage 1 of 1Printed on 10/5/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:
DCM: Bryan Langley
DATE: October 9, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding proposed agreement with
Keep Denton Beautiful, Inc.
BACKGROUND
In February of 2018, an audit report on the Parks Foundation was
presented to City Council. Audit findings included the need to define the relationship between the City
and the Parks Foundation, create formalized financial policies and procedures, and establish regular
reporting requirements. Using the feedback provided in the Parks Foundation audit as a guide, a
presentation highlighting the need to establish formal agreements between non-profit support agencies
and the City of Denton was made to City Council on May, 1, 2018. Following that presentation, Council
directed staff to proceed with the development of such agreements. Staff immediately began drafting an
agreement with the Denton Parks Foundation, which was then used as a model to draft agreements with
Friends of the Denton Public Libraries, Denton Animal Support Foundation, and Keep Denton Beautiful,
Inc.
Although the organizational and funding structure has evolved, the City of Denton has funded in-house
Keep Denton Beautiful programming and staff si
includes 3.5 full-time positions and has a Fiscal Year 2018-2019 operating budget of $406,613. The
program is an affiliate of Keep Texas Beautiful and Keep America
Beautiful and is focused on educating and engaging residents to enhance the environment and quality of
life in the community.
An eleven member Council-appointed advisory board was established in 1991 to provide programming
Keep Denton Beautiful Board
obtained their 501(c)(3) in 1995 and became the Keep Denton Beautiful, Inc. Board of Directors. After
becoming a non-profit agency, the Keep Denton Beautiful, Inc. Board of Directors transitioned to an
independent non-profit board and suspended their formal advisory relationship with the City Council.
In March of 2000, the City Council passed an ordinance (Ordinance 2000-087) authorizing an agreement
between the City of Denton and Keep Denton Beautiful, Inc. The agreement, which was most recently
updated in 2015 (Ordinance 2015-239), does not clarify the role or reporting structure for Keep Denton
Beautiful staff or specify the relationship between the City of Denton and Keep Denton Beautiful, Inc.
As directed by City Council, staff prepared a new draft agreement with Keep Denton Beautiful, Inc.,
attached as Exhibit 4. The proposed agreement is for a term of three years with an option to renew for two
additional three year periods.
Staff shared the attached draft agreement with the Keep Denton Beautiful, Inc. Board of Directors and is
currently refining the terms in co outside counsel. Staff
plans to have the agreement ready for Council consideration during the October 23 City Council meeting.
Article I of Exhibit 4 outlines services provided by Keep Denton Beautiful, Inc., including the following:
Plan and coordinate fundraising and marketing activities with the City for mutually agreed upon
programs;
Maintain records and accounts that accurately documents all funds received and costs incurred by
Keep Denton Beautiful, Inc.;
Prepare gift and pledge records in accordance internal financial procedures;
Prepare quarterly and annual reports on items such as donations, disbursements, volunteer hours,
and in-kind services provided; and
Engage an independent certified public accounting firm to conduct a financial audit every three
years, prior to the renewal of this agreement.
In addition, Article II of Exhibit 4, outlines the obligations of the City of Denton including the following:
Identify projects and initiatives where Keep Denton Beautiful, Inc. can provide fundraising and
volunteer support;
Provide storage and meeting space for Keep Denton Beautiful, Inc. to carry out its functions and
obligations to the City;
Continue to provide funding support in the annual operating budget;
Continue to collect and disburse donations made to Keep Denton Beautiful, Inc. on City utility
bills;
Continue to allow City staff to assist with grant applications; and
Maintain exclusive authority to make all decisions regarding the use of City funds, City staff, and
other City resources.
Keep Denton Beautiful, Inc. hired outside counsel, Tasker & Balderson, PLLC and has asked that City
staff conduct agreement negotiations directly with outside counsel. Exhibit 5 outlines the concerns raised
by Tasker & Balderson, PLLC with the proposed agreement. Staff is willing to negotiate any of Keep
-funded Keep
Denton Beautiful staff.
Staff has identified the following options and is requesting direction from the City Council on how to
proceed:
Option 1: No action; continue with existing agreement which is not in compliance with audit
recommendations.
Option 2: Keep Denton Beautiful, Inc. Board of Directors clarifies whether it wants to be:
o An advisory board of the City, or
o A separate non-profit board of directors operating under an agreement which complies
with audit recommendations.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Sustainable & Environmental Stewardship
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Ordinance 2000-087
Exhibit 3 Ordinance 2015-239
Exhibit 4 Draft Keep Denton Beautiful, Inc. Agreement
Exhibit 5 Draft Keep Denton Beautiful, Inc. Agreement Redline
Exhibit 6 FY 2018-2019 Keep Denton Beautiful Funding Overview
Exhibit 7 Presentation
Respectfully submitted:
Bryan Langley
Deputy City Manager
Prepared by:
Rachel Wood
Assistant to the City Manager
STATE OF TEXAS §
§
COUNTY OF DENTON §
AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS
AND KEEP DENTON BEAUTIFUL,
INCORPORATED
THIS AGREEMENT is made and entered into as of the __________ day of
a home rule municipal corporation,
___________________, 2018 between the City of Denton, Texas,
,Keep Denton Beautiful, a Texas not for profit corporation,
KDB, Inc.
WHEREAS, the City and KDB, Inc. provide and make available certain services and
benefits to each other; and
WHEREAS, the City maintains programs, events, activities, projects, and initiatives
(collectively, Programs) throughout the year in the City of Denton;
WHEREAS, the City of Denton ("City") is a municipal corporation who desires to improve
the quality of life and protect the environment for the benefit of all;
WHEREAS, providing quality Programs to meet the needs and expectations of Denton's
citizens often costs more than City tax monies and other revenues can provide, and it is often
necessary for the City to obtain funds and volunteer services from outside private sources to
augment the annual operating budget of the City to assure that the City fulfills its mission;
WHEREAS, KDB, Inc. was formed on April 13, 1995, was chartered as a Texas
Corporation on said date and is duly qualified as a Section 50l(c)(3), IRC non-profit entity. The
Articles of Incorporation of KDB, Inc. set forth its purpose as being a non-policy making and non-
profit organization to maintain an association of persons interested in promoting the Programs of the
City, including improving and maintaining the cleanliness and beauty of the community through
education, public outreach, and the coordination of volunteers. KDB, Inc. was generally formed for
the purpose of supporting the activities, programs, and facilities of the City;
WHEREAS, KDB, Inc. was formed to perform the following activities, which are
legitimate public purposes, to wit:
(a) to enlist, direct, organize and encourage community interest and involvement in
programs to maintain and improve the cleanliness and beauty of the City of Denton,
(b) to promote, solicit, and encourage contributions from individuals, groups, and
organizations of monies, property, in-kind services, and other items of value by donation,
dedication, gift, bequest, or through volunteering, which will benefit the maintenance and
1
improvement of existing and future areas throughout the City of Denton, and
(c) to receive, hold, invest, or donate monies or property for benefit of maintaining and
improving a clean and beautiful City of Denton;
WHEREAS, KDB, Inc. has provided significant support to the City 's Programs and the
continuation of said support is essential to the maintenance of the City and the Programs for the
purpose of serving the needs of Denton's Citizens; and
WHEREAS, the City and KDB, Inc. coordinate and work in tandem with the common
objective of seeking to assure, by the most cost-effective means possible, that the needs and
expectations of Denton's Citizens are met, regarding creating a clean and beautiful Denton; and
WHEREAS, City and KDB, Inc. are committed to operating with full transparency within
their designated roles and consistent with the reasonable expectations of the public and adopt this
Agreement to serve as the governing document over the functions, financial relationship, and
fundraising and expenditure of funds on behalf or for the benefit of City and KDB, Inc., their
employees, assets, programs or events; and
WHEREAS, this Agreement establishes a governing document defining the relationship and
operations of the City and KDB, Inc. and ensuring accountability regarding the financial transactions
by and between the City and KDB, Inc.;
WHEREAS, City and KDB, Inc. desire to ratify and approve for the future, what their
respective roles, responsibilities, rights, and obligations are to each other in this relationship;
and
NOW THEREFORE, in consideration of the covenants, promises, terms, and provisions
contained herein, and for the considerations expressed herein, the City and KDB, Inc. mutually
AGREE to the following:
ARTICLE I
SERVICES TO BE PROVIDED BY KDB, INC.
KDB, Inc. represents, acknowledges, warrants and agrees to perform and provide the
following with regard to its operation, purpose, and services provided for the benefit of the City of
Denton:
(1) Purpose. KDB, Inc. was formed and exists to maintain an association of persons
interested in promoting the programs of the City, including improving the Programs,
and the public awareness of the opportunities for protecting the quality of life and
improving the environment for the benefit of all of the Citizens of Denton, and raises,
receives and distributes funds in support of City
(2) Mission. KDB, Inc. supports the activities, programs and facilities of the City and shall
align its mission and goals with the City to the extent possible under
the KDB, Inc. Articles of Incorporation.
(3) Independent. KDB, Inc. operates as a private legal entity separate from the City. This
2
Agreement does not in any way constitute a joint venture or create a principal-agent
relationship between the City and KDB, Inc. Neither party will assert control over the
operations of the other party.
(4) Charitable Organization. KDB, Inc. has been established as a tax-exempt corporation
formed under the laws of the State of Texas and shall maintain its status as a tax-exempt
501(c)(3) charitable organization under state and federal law to ensure that donations to
KDB, Inc. may qualify as deductible, charitable contributions for its donors.
(5) Fundraising. KDB, Inc. designs, formulates, and executes fundraising activities to
secure, administer, and provide funds, volunteers, property, services, or other benefits
for the Programs in accordance with following procedures and requirements:
a. KDB, Inc. plans and coordinates fundraising and marketing activities with the
City KDB, Inc. conducts
research of individuals, foundations, and corporations who might be best
qualified as prospective donors of KDB, Inc. and the City.
b. KDB, Inc. shall continue to support and fundraise for the Programs,
improvements and initiatives as mutually agreed upon by both parties to this
agreement. Nothing in this agreement prevents KDB, Inc. or limits KDB, Inc.
from supporting and fundraising efforts on behalf of other non-City entities.
c. KDB, Inc. shall have full control over the use of any funds received through their
sole fundraising effort and shall be responsible for the full administration of said
funds.
d. KDB, Inc. shall obtain approval of the City Manager or their designee, prior to
holding any donor or sponsor recognition events in City facilities.
e. KDB, Inc. shall receive, process, administer, and distribute gifts in accordance
with this Agreement, the donors' instructions or wishes, and the Keep Denton
Beautiful Donation Policies, Gift Acceptance, Grant Procedures, and Financial
Procedures KDB, Inc. PolicyExhibit 1 and incorporated
herein for all purposes.
f. KDB, Inc. shall acknowledge all gifts with appropriate receipts and
correspondence in accordance with KDB, Inc. Policy, and coordinate
acknowledgments with the City, if applicable.
g. A donation of money or in-kind support from the City to KDB, Inc. or the
installation of a project at the any City facility or property shall only be
authorized in accordance with a service agreement approved by the Denton City
Council.
h. Funding items contained in Exhibit 2 attached hereto, shall be submitted annually
by KDB, Inc. to the City Hotel Occupancy Tax and Sponsorship Committee for
recommendation to the City Council. Said sponsorships are subject to approval
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by both the City Council and the Hotel Occupancy Tax and Sponsorship
Committee, as well as any required separate legal action. If approved, City
Sponsorship funds will be disbursed after execution of the standard Sponsorship
Agreement.
(6) Administration. KDB, Inc. administers funds, property, volunteers, services, or other
benefits in accordance with following procedures and requirements:
a. KDB, Inc. ensures that accurate and timely gift and pledge records are prepared,
maintained, and preserved in accordance with KDB, Inc. Policy.
b. KDB, Inc. shall maintain records and accounts that accurately document all
funds received by KDB, Inc. and all costs incurred by KDB, Inc., including funds
received directly and indirectly and in-kind donations related to the City and
provide quarterly reports to the City Manager or their designee, detailing KDB,
Inc. activities conducted during that period, including but not limited to:
i. Volunteer hours provided to the Programs and City and their value if
KDB, Inc. keeps records of such hours (KDB, Inc.
information is voluntary), and
ii. Itemized donations, both cash and in-kind, received and disbursements
to the Programs and City.
c. KDB, Inc. shall provide a report to the City Manager or their designee, annually
to summarize KDB, Inc.information and benefit to the City,
including itemized donations, contributions, and in-kind contributions to the
City.
d. Every three (3) years prior to the renewal of this agreement, an independent
certified public accounting firm will be engaged by KDB, Inc. to account
for and audit all funds and properties received, and to render a report to the
Board of Directors of KDB, Inc. and to the City Manager or their designee.
(7) Disbursements. KDB, Inc. administers disbursements of funds, property, services, or
other benefits in accordance with the following procedures and requirements:
a. Disbursements from KDB, Inc. accounts, and any distribution of property or
services provided to the City by KDB, Inc., will be supervised by KDB, Inc.'s
treasurer and President, and will be made only for expenditures consistent with
the explicit purposes for which the accounts were established and any restrictions
stipulated by the donors. Each disbursement shall be fully documented and
included in quarterly reports to the City Manager or their designee.
b. Upon the appropriation of funds by KDB, Inc. and transfer of such funds to the
City for expenditures intended to benefit the Programs, KDB, Inc. shall transfer
such funds to a designated City fund in order to ensure that City financial controls
and requirements are implemented and followed for the expenditures of such
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funds.
(8) Conflict of Interest. KDB, Inc. covenants that:
a. Neither it nor any member of its governing body presently has any interest, direct
or indirect, which would conflict in any manner or degree with the performance
of services required to be performed under this Agreement.
b. In the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
c. No member of its governing body or its staff, subcontractors or employees shall
possess any interest in or use his/her position for a purpose that is or gives the
appearance of being motivated by desire for private gain for himself/herself, or
others; particularly those with which he/she has family, business, or other ties.
d. No officer, member, or employee of City and no member of its governing body
who exercises any function or responsibilities in the review or approval of the
undertaking or carrying out of this Agreement shall participate in any decision
relating to the Agreement which affects his personal interest or the interest in any
corporation, partnership, or foundation in which he has direct or indirect interest.
e. It shall perform annual conflict of interest disclosures for its Board, Directors,
and employees that identifies business relationships and family, and provide said
disclosures to the City Manager or their designee at the start of each fiscal year.
ARTICLE II
OBLIGATIONS OF THE CITY OF
DENTON
The City of Denton, Texas will:
(1) Provide both storage and meeting space as available, for KDB, Inc. to carry out its
functions and obligations to the City.
(2) Identify projects, initiatives, and other items with which KDB, Inc. can provide
fundraising and volunteer support in order to complete or purchase.
(3) Require that a receipt of money donated to the City be documented through a written
donor agreement or receipt and record donations received by the City and related
expenses into recordkeeping software.
(4) Continue to support the Programs by providing City resources for programming through
the annual budget.
(5) Continue to disperse any funds collected by the City on behalf of KDB, Inc., such as
through the Utility bill. Any such funds collected throughout the fiscal year shall be
dispersed to KDB, Inc. during the first quarter of the following fiscal year.
5
(6) Allow KDB, Inc., to support and fundraise for programs or organizations that are
unaffiliated with the City so long as the programs or organizations are directly related to
beautification of the City of Denton.
(7) Comply .
ARTICLE III
THE TERM OF
AGREEMENT
To the extent allowed by state law, this Agreement shall be effective from the execution
date and shall remain in full force and effect until September 30, 2021. This agreement may be
renewed for two (2) additional three (3) year periods if the City and KDB, Inc., agree in writing to
extend the term of the Agreement prior to the termination of each three (3) year term. The City or
KDB, Inc., shall have the right to terminate the Agreement, in whole or in part, without cause any
time upon thirty (30) calendar days prior written notice. Upon receipt of a notice of termination,
KDB, Inc., shall promptly cease all further work pursuant to the Agreement, with such exceptions,
if any, specified in the notice of termination.
ARTICLE IV
ASSURANCES BY THE
PARTIES
The following is a list of representations, assurances, understanding, policies, procedures and
agreements regarding the roles, relationship and functions of the City and KDB, Inc. in their working
relationship pursuant to this Agreement:
A. . In the absence of an agreement providing otherwise, title to any fixture donated by KDB, Inc.
to the City and installed on City owned property shall vest in the City upon completion of
construction or installation and acceptance by the City. This includes but is not limited to
beautification projects such as trees, plants, and shrubbery planted on City property.
B. The Programs include but are not limited to the following activities: Denton Redbud Festival,
Great American Cleanup, Community Tree Giveaway, Yard of the Month, Adopt a Spot, Garden
Workdays, Litter Prevention programs, and Volunteer/Special cleanup events.
C. In addition to the current Programs, at any time and at their sole discretion, the City may explore
opportunities to partner with other departments or organizations to enhance or expand
programming and education which further promote the purposes and missions of the City.
D. The City will continue to prepare affiliate reports for G
Awards, Keep Texas Beautiful, and Keep America Beautiful, as well as any other documentation
required for the City to maintain affiliate status.
The allocation of City resources to KDB, Inc. in this agreement does not prevent KDB, Inc.
from being eligible for City Sponsorship funds each year.
6
E. The City has the exclusive authority to make all decisions regarding the use of City funds, City
Staff, and City resources for the benefit of the Programs.
F. The Board of Directors of KDB, Inc. assures the City that the activities of KDB, Inc. will be in
support of the objectives, goals, and priorities of the City, as communicated to it by the City. The
City assures KDB, Inc. that the resources made available to the City by KDB, Inc., will be
allocated and utilized properly and in accordance with applicable laws, ordinances, policies and
procedures.
G. Any agreement between KDB, Inc. and City that is not within the scope of the terms of this
Agreement must receive the prior approval of the City Council.
H. KDB, Inc. has no authority to supervise, direct, control, or demand that a City employee perform
any function on behalf of KDB, Inc. If not otherwise governed by a service agreement approved
by the Denton City Council, a KDB, Inc. request for administrative support of KDB, Inc. by a
City employee shall be submitted to the City Manager or their designee, who shall have discretion
to approve such request. All support of KDB, Inc. by a City employee shall be accounted for as
an in-kind contribution of the City to KDB, Inc.
I. City Staff will be available to assist KDB, Inc. with the writing of any grant applications which
are mutually beneficial to both the City and KDB, Inc. City Staff are allowed to dedicate as much
time as necessary for this specific purpose. However, in the event that any one grant requires
more than a total of ten (10) hours of City Staff time, prior to exceeding ten (10) hours, notice
must be sent to the to the City Manager or their designee, who shall have the sole discretion to
deny or restrict the use of City Staff for grant writing.
J. Program related activities conducted on City property shall follow all City procedures governing
such projects including but not limited to city and building code requirements, if applicable.
K. The City shall have the right to oversee all projects performed on any City owned or City funded
property or facility. The City has the right to suspend or discontinue a KDB, Inc. project,
improvement, or initiative in the on any City owned or City funded property or facility and in
such event shall return any funds donated by KDB, Inc. to the City for the suspended or
discontinued project.
L. All work performed by or on behalf of KDB, Inc. is the responsibility of KDB, Inc. and not the
City. The City shall not be deemed liable for any act, omission, or obligation of KDB, Inc. KDB,
Inc. shall provide the terms of this Agreement and training related to KDB, Inc.
under this Agreement to its Board of Directors.
M. This Agreement does not grant KDB, Inc. , trademarks, or affiliation
statuses.
N. Any personnel employed by or volunteering on behalf of KDB, Inc. shall be deemed employees
or volunteers respectively of KDB, Inc., and shall not be deemed employees or volunteers of the
7
City. KDB, Inc. shall be responsible for the supervision, management and control of such KDB,
Inc. employees and volunteers and any payroll, taxation or other employment obligation, if any,
incident to their work. Any personnel employed by or volunteering on behalf of the City shall
be deemed employees or volunteers respectively of the City, and shall not be deemed employees
or volunteers of KDB, Inc. The City shall be responsible for the supervision, management and
control of such City employees and volunteers and any payroll, taxation or other employment
obligation, if any, incident to their work.
O. KDB, Inc. shall maintain general liability insurance in the amount of $500,000 and in accordance
with City insurance requirements, including adding the City as an additional insured party, for
all work performed for the Programs by KDB, Inc. contractors and
subcontractors.
P. KDB, Inc. will appoint a representative who will be reasonably available to meet with City
officials upon request.
Q. The City Manager or his designee is an ex-officio member of KDB, Inc. Board of Directors and
allowed to attend KDB, Inc. Board of Directors meetings. City employees may attend meetings
of KDB, Inc. Board of Directors. KDB, Inc. shall provide any requested information to the City
Manager or his designee, within thirty (30 days) upon request as long as the information provided
does not violate any donor trust or anonymity request, or any state or federal Personal Identifiable
Information (PII) laws.
R. KDB, INC. AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY,
ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER
KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE
PERFORMANCE BY KDB, INC. OR THOSE SERVICES CONTEMPLATED BY THIS
AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED
UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN
WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL
ACTS OF KDB, INC. ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS,
SUBCONTRACTORS, LICENSEES AND INVITEES.
S. In the event any damage or injury is caused to the equipment or facilities provided by the City
hereunder, by the negligence or improper conduct of KDB, Inc., its agents, volunteers,
subcontractors or employees, KDB, Inc. shall cause the said damage or injury to be repaired as
speedily as possible at its own cost and expense.
ARTICLE V
NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms of
this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
or via electronic mail, hand-delivery or facsimile, addressed or sent to KDB, Inc. or City, as the case
may be, at the following addresses:
8
CITY KDB, Inc.
City of Denton, Texas Keep Denton Beautiful, Inc.
Attn: City Manager Attn: President
215 E. McKinney 608 E. Hickory St. #130
Denton, TX 76201 Denton, TX 76205
Todd.Hileman@cityofdenton.com ali@KDBInc.org
Either party may change its mailing address by sending notice of change of address to the other
at the above address by certified mail, return receipt requested.
ARTICLE VI
RIGHT TO AUDIT
KDB, Inc. agrees to retain all books, records, documents, reports, and written accounting
policies and procedures pertaining to the fundraising, donations, and services provided to City under
this agreement for a period of five (5) years from the date of record.
The City shall have the right to audit and make copies of the books, fundraising activities,
pledges, donations, gifts, statements, financial records and computations pertaining to the Agreement.
KDB, Inc. shall retain such books, records, documents and other evidence pertaining to the Agreement
period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved,
in which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within ten (10) business days of written
request. All books and records will be made available within a 50 mile radius of the City of Denton.
The cost of the audit will be borne by the City.
Failure to comply with the provisions of this section shall be a material breach of the
Agreement ermination thereof. Each of
the ed above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
ARTICLE VII
ETHICS
KDB, Inc. will adopt and comply with policies regarding code of conduct, conflicts of interest
and potential conflicts of interest.
ARTICLE VIII
ADMINISTRATION OF
AGREEMENT
The President of KDB, Inc. shall be the officer responsible for administration of the
Agreement for KDB, Inc. The City Manager, or designee, shall be the City staff member
responsible for the administration of this Agreement on behalf of the City.
9
ARTICLE IX
NO ASSIGNMENT
This Agreement is solely between the parties and cannot be assigned to another party
without the express advance written approval of the non-assigning party.
ARTICLE X
NON-APPROPRIATION OF FUNDS
Notwithstanding any other provision of this Agreement, if funds for the continued
fulfillment of this Agreement by the City are at any time not forthcoming or are insufficient, through
failure of any entity to appropriate funds or otherwise, then the City will have the right to terminate
this Agreement at no additional cost and with no penalty whatsoever by giving prior written notice
documenting the lack of funding. The City will provide at least thirty (30) days advance written
notice of such termination.
ARTICLE XI
MODIFICATION OF
AGREEMENT
No modification of this Agreement shall be effective unless it is in writing and signed by
both parties to the Agreement.
ARTICLE XII
INTEGRATION
This Agreement, together with any attached exhibits, constitutes the entire understanding
between the parties with respect to the subject matter of this Agreement. This Agreement replaces and
supersedes any prior discussions, negotiations, agreements, and understandings.
ARTICLE XIII
GOVERNING LAW
AND VENUE
This Agreement is subject to, governed by, and shall be construed under the laws of the
State of Texas. Venue of any suit or cause of action arising under this Agreement shall be
exclusively in Denton County, Texas.
ARTICLE XIV
SEVERABILTY
If any provision of this Agreement is found or deemed by a court of competent
Jurisdiction to be invalid or unenforceable, It shall be considered severable from the remainder of this
Agreement, and shall not cause the remainder of this Agreement to be invalid or unenforceable.
10
In such event, the parties shall reform this Agreement to replace such stricken provision with a valid
and enforceable provision which comes as close as possible to expressing the intention of the parties
hereto respecting the stricken provision.
ARTICLE XV
CAPTIONS
The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
WITNESS WHEREOF, the City and KDB, Inc. have executed this Agreement in duplicate
original counterparts, the City acting by and through its duly-authorized City Manager, and KDB, Inc.
acting by and through its duly-authorized undersigned officer, on this the day of
__________________, 2018.
CITY OF DENTON
____________________________________
TODD HILEMAN, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
11
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
KEEP DENTON BEAUTIFUL
BY:
_____________________________________
ITS: PRESIDENT
12
EXHIBIT 1
The Keep Denton Beautiful Donation Policies, Gift Acceptance, Grant Procedures, and Financial
Procedures
THIS PAGE IS INTENTIONALLY LEFT BLANK. INTENDED TO BE FILLED IN WITH KDB,
EXHIBIT 2
KDB, Inc. Requested Funds from the City of Denton
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General Operations $ 10,000 $ 10,000
Great American Cleanup $ 1,500 $ 3,500 $ 5,000
Redbud Festival $ 2,500 $ 3,500 $ 6,000
Community Tree Giveaway $ 2,500 $ 2,500
Environmental Education Grants $ 1,000 $ 1,000 $ 2,000
Neighborhood Beautification Grants $ 2,500 $ 2,500
Mural Art Project $ 1,500 $ 1,500
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STATE OF TEXAS §
§
COUNTY OF DENTON §
AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS
AND KEEP DENTON BEAUTIFUL,
INCORPORATED
THIS AGREEMENT is made and entered into as of the __________ day of
a home rule municipal corporation,
___________________, 2018 between the City of Denton, Texas,
,Keep Denton Beautiful, a Texas not for profit corporation,
KDB, Inc.
WHEREAS, the City and KDB, Inc. provide and make available certain services and
benefits to each other; and
WHEREAS, the City maintains programs, events, activities, projects, and initiatives
(collectively, Programs) throughout the year in the City of Denton;
WHEREAS, the City of Denton ("City") is a municipal corporation who desires to improve
the quality of life and protect the environment for the benefit of all;
WHEREAS, providing quality Programs to meet the needs and expectations of Denton's
citizens often costs more than City tax monies and other revenues can provide, and it is often
necessary for the City to obtain funds and volunteer services from outside private sources to
augment the annual operating budget of the City to assure that the City fulfills its mission;
WHEREAS, KDB, Inc. was formed on April 13, 1995, was chartered as a Texas
Corporation on said date and is duly qualified as a Section 50l(c)(3), IRC non-profit entity. The
Articles of Incorporation of KDB, Inc. set forth its purpose as being a non-policy making and non-
profit organization to maintain an association of persons interested in promoting the Programs of the
City, including improving and maintaining the cleanliness and beauty of the community through
education, public outreach, and the coordination of volunteers. KDB, Inc. was generally formed for
the purpose of supporting the activities, programs, and facilities of the City;
WHEREAS, KDB, Inc. was formed to perform the following activities, which are
legitimate public purposes, to wit:
(a) to enlist, direct, organize and encourage community interest and involvement in
programs to maintain and improve the cleanliness and beauty of the City of Denton,
(b) to promote, solicit, and encourage contributions from individuals, groups, and
organizations of monies, property, in-kind services, and other items of value by donation,
dedication, gift, bequest, or through volunteering, which will benefit the maintenance and
1
improvement of existing and future areas throughout the City of Denton, and
(c) to receive, hold, invest, or donate monies or property for benefit of maintaining and
improving a clean and beautiful City of Denton;
WHEREAS, KDB, Inc. has engaged in extensive fundraising activities for the benefit of
the City, and has provided significant support to the City 's Programs and, T the continuation of
these activities issaid support is essential to the maintenance of the City and the as a high-caliber
department with Programs Programs for the purpose of serving the needs of Denton's Citizens; and
WHEREAS, the City and KDB, Inc. coordinate and work in tandem with the common
objective of seeking to assure, by the most cost-effective means possible, that the needs and
expectations of Denton's Citizens are met, regarding creating a clean and beautiful Denton; and
WHEREAS, City and KDB, Inc. are committed to operating with full transparency within
their designated roles and consistent with the reasonable expectations of the public and adopt this
Agreement to serve as the governing document over the functions, financial relationship, and
fundraising and expenditure of funds on behalf or for the benefit of City and KDB, Inc., their
employees, assets, programs or events; and
WHEREAS, this Agreement establishes a governing document defining the relationship and
operations of the City and KDB, Inc. and ensuring accountability regarding the financial transactions
by and between the City and KDB, Inc.;
WHEREAS, City and KDB, Inc. desire to ratify and approve for the future, what their
respective roles, responsibilities, rights, and obligations are to each other in this relationship;
and
NOW THEREFORE, in consideration of the covenants, promises, terms, and provisions
contained herein, and for the considerations expressed herein, the City and KDB, Inc. mutually
AGREE to the following:
ARTICLE I
SERVICES TO BE PROVIDED BY KDB, INC.
KDB, Inc. represents, acknowledges, warrants and agrees to perform and provide the
following with regard to its operation, purpose, and services provided for the benefit of the City of
Denton:
(1) Purpose. KDB, Inc. was formed and exists to maintain an association of persons
interested in promoting the programs of the City, including improving the Programs,
and the public awareness of the opportunities for protecting the quality of life and
improving the environment for the benefit of all of the Citizens of Denton, and raises,
receives and distributes funds in support of City
(2) Mission. KDB, Inc. supports the activities, programs and facilities of the City and shall
align its mission and goals with the City to the extent possible under
the KDB, Inc. Articles of Incorporation.
2
(3) Independent. KDB, Inc. operates as a private legal entity separate from the City. This
Agreement does not in any way constitute a joint venture or create a principal-agent
relationship between the City and KDB, Inc. Neither party will assert control over the
operations of the other party.
(4) Charitable Organization. KDB, Inc. has been established as a tax-exempt corporation
formed under the laws of the State of Texas and shall maintain its status as a tax-exempt
501(c)(3) charitable organization under state and federal law to ensure that donations to
KDB, Inc. may qualify as deductible, charitable contributions for its donors.
(5) Fundraising. KDB, Inc. designs, formulates, and executes fundraising activities to
secure, administer, and provide funds, volunteers, property, services, or other benefits
for the Programsto the City in accordance with following procedures and requirements:
a. KDB, Inc. plans and coordinates fundraising and marketing activities with the
City KDB, Inc. conducts
research of individuals, foundations, and corporations who might be best
qualified as prospective donors of KDB, Inc. and the City.
b. KDB, Inc. shall continue to support and fundraise for the Programs,,
improvements and initiatives as mutually agreed upon by both parties to this
agreement. included in the Keep Denton Beautiful Annual Work Annual
Plan1 and incorporated herein for all purposes.
Nothing in this agreement prevents The Annual Plan relates to fundraising efforts
of KDB, Inc. to benefit the Programs and does not prevent or limits KDB, Inc.
from supporting and fundraising efforts on behalf of other non-City entities.
Furthermore the Annual Plan may be adjusted as approved by the City Manager
or their designee.
c. KDB, Inc. shall have full control over the use of any funds received through their
sole fundraising effort and shall be responsible for the full administration of said
funds.
d. KDB, Inc. shall obtain approval of the City Manager or their designee, prior to
holding any donor or sponsor recognition events in City facilities.
c.e. KDB, Inc. shall receive, process, administer, and distribute gifts in accordance
with this Agreement, the donors' instructions or wishes, and the Keep Denton
Beautiful Donation Policies, Gift Acceptance, Grant Procedures, and Financial
Procedures KDB, Inc. PolicyExhibit 21 and incorporated
herein for all purposes.
d.f. KDB, Inc. shall acknowledge all gifts with appropriate receipts and
correspondence in accordance with KDB, Inc. Policy, and coordinate
acknowledgments with the City, if applicable.
g. A donation of money or in-kind support from the City to KDB, Inc. or the
3
installation of a project at the any City facility or property shall only be
authorized in accordance with a service agreement approved by the Denton City
Council.
h. Funding items contained in Exhibit 2 attached hereto, shall be submitted annually
by KDB, Inc. to the City Hotel Occupancy Tax and Sponsorship Committee for
recommendation to the City Council. Said sponsorships are subject to approval
by both the City Council and the Hotel Occupancy Tax and Sponsorship
Committee, as well as any required separate legal action. If approved, City
Sponsorship funds will be disbursed after execution of the standard Sponsorship
Agreement.
(6) Administration. KDB, Inc. administers funds, property, volunteers, services, or other
benefits in accordance with following procedures and requirements:
a. KDB, Inc. shall administer and invest funds it receives for the benefit of the
Programs. KDB, Inc. shall function essentially as a fiduciary entity on behalf
of the donor of a gift and on behalf of the City program or activity to be funded
or benefited by the gift to ensure the funds are used for the intended purpose of
the donor.
b.a. KDB, Inc. ensures that accurate and timely gift and pledge records are prepared,
maintained, and preserved in accordance with KDB, Inc. Policy.
c.b. KDB, Inc. shall maintain records and accounts that accurately document all
funds received by KDB, Inc. and all costs incurred by KDB, Inc., including funds
received directly and indirectly and in-kind donations related to the City and
provide quarterly reports to the City Manager or their designee, detailing KDB,
Inc. activities conducted during that period, including but not limited to:
i. Volunteer hours provided to the Programs and City and their value if
KDB, Inc. keeps records of such hours (KDB, Inc.
information is voluntary), and
ii. Itemized donations, both cash and in-kind, received and disbursements
to the Programs and City.
c. KDB, Inc. shall provide a report to the City Manager or their designee, annually
to summarize KDB, Inc.information and benefit to the City,
including itemized donations, contributions, and in-kind contributions to the
City.
d. Every three (3) years prior to the renewal of this agreement, an independent
certified public accounting firm will be engaged by KDB, Inc. to account
for and audit all funds and properties received, and to render a report to the
Board of Directors of KDB, Inc. and to the City Manager or their designee.
(7) Disbursements. KDB, Inc. administers disbursements of funds, property, services, or
4
other benefits in accordance with the following procedures and requirements:
a. Disbursements from KDB, Inc. accounts, and any distribution of property or
services provided to the City by KDB, Inc., will be supervised by KDB, Inc.'s
treasurer and President, and will be made only for expenditures consistent with
the explicit purposes for which the accounts were established and any restrictions
stipulated by the donors. Each disbursement shall be fully documented and
included in quarterly reports to the City Manager or their designee.
c.b. Upon the appropriation of funds by KDB, Inc. and transfer of such funds to the
City for expenditures intended to benefit the Programs, KDB, Inc. shall transfer
such funds to a designated City fund in order to ensure that City financial controls
and requirements are implemented and followed for the expenditures of such
funds.
(8) Conflict of Interest. KDB, Inc. covenants that:
a. Neither it nor any member of its governing body presently has any interest, direct
or indirect, which would conflict in any manner or degree with the performance
of services required to be performed under this Agreement.
b. In the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
c. No member of its governing body or its staff, subcontractors or employees shall
possess any interest in or use his/her position for a purpose that is or gives the
appearance of being motivated by desire for private gain for himself/herself, or
others; particularly those with which he/she has family, business, or other ties.
d. No officer, member, or employee of City and no member of its governing body
who exercises any function or responsibilities in the review or approval of the
undertaking or carrying out of this Agreement shall participate in any decision
relating to the Agreement which affects his personal interest or the interest in any
corporation, partnership, or foundation in which he has direct or indirect interest.
e. It shall perform annual conflict of interest disclosures for its Board, Directors,
and employees that identifies business relationships and family, and provide said
disclosures to the City Manager or their designee at the start of each fiscal year.
ARTICLE II
OBLIGATIONS OF THE CITY OF
DENTON
The City of Denton, Texas will:
(1) Provide both storage and meeting space as available, for KDB, Inc. to carry out its
functions and obligations to the City.
5
(2) Identify projects, initiatives, and other items with which KDB, Inc. can provide
fundraising and volunteer support in order to complete or purchase.
(3) Require that a receipt of money donated to the City be documented through a written
donor agreement or receipt and record donations received by the City and related
expenses into recordkeeping software.
(4) Continue to support the Programs by providing City resources for programming through
the annual budget.
(5) Continue to disperse any funds collected by the City on behalf of KDB, Inc., such as
through the Utility bill. Any such funds collected throughout the fiscal year shall be
dispersed to KDB, Inc. during the first quarter of the following fiscal year.
(6) Allow KDB, Inc., to support and fundraise for seasonal programs or organizations that
are unaffiliated with the City so long as the programs or organizations are directly related
to beautification of the City of Denton.
(7) Comply .
ARTICLE III
THE TERM OF
AGREEMENT
To the extent allowed by state law, this Agreement shall be effective from the execution
date and shall remain in full force and effect until September 30, 2021. This agreement may be
renewed for two (2) additional three (3) year periods if the City and KDB, Inc., agree in writing to
extend the term of the Agreement prior to the termination of each three (3) year term. The City or
KDB, Inc., shall have the right to terminate the Agreement, in whole or in part, without cause any
time upon thirty (30) calendar days prior written notice. Upon receipt of a notice of termination,
KDB, Inc., shall promptly cease all further work pursuant to the Agreement, with such exceptions,
if any, specified in the notice of termination.
ARTICLE IV
ASSURANCES BY THE
PARTIES
The following is a list of representations, assurances, understanding, policies, procedures and
agreements regarding the roles, relationship and functions of the City and KDB, Inc. in their working
relationship pursuant to this Agreement:
A. The City owns the Programs and any branding, property, or other rights associated with the
Programs. In the absence of an agreement providing otherwise, title to any fixture donated by
KDB, Inc. to the City and installed on City owned property shall vest in the City upon completion
of construction or installation and acceptance by the City. This includes but is not limited to
beautification projects such as trees, plants, and shrubbery planted on City property.
6
B. The Programs include but are not limited to the following activities: Denton Redbud Festival,
Great American Cleanup, Community Tree Giveaway, Yard of the Month, Adopt a Spot, Garden
Workdays, Litter Prevention programs, and Volunteer/Special cleanup events.
C. In addition to the current Programs, at any time and at their sole discretion, the City may explore
opportunities to partner with other departments or organizations to enhance or expand
programming and education which further promote the purposes and missions of the City.
D. The City will continue to prepare affiliate reports for G
Awards, Keep Texas Beautiful, and Keep America Beautiful, as well as any other documentation
required for the City to maintain affiliate status.
D. The allocation of City resources to KDB, Inc. in this agreement does not prevent KDB, Inc. from
being eligible for City Sponsorship funds each year.
E. The City has the exclusive authority to make all decisions regarding the use of City funds, City
Staff, and City resources for the benefit of the Programs.
F. The Board of Directors of KDB, Inc. assures the City that the activities of KDB, Inc. will be in
support of the objectives, goals, and priorities of the City, as communicated to it by the City.,
and the Strategic Plan, as amended. The City assures KDB, Inc. that the resources made available
to the City by KDB, Inc., will be allocated and utilized properly and in accordance with
applicable laws, ordinances, policies and procedures.
G. Any agreement between KDB, Inc. and City that is not within the scope of the terms of this
Agreement must receive the prior approval of the City Council.
H. KDB, Inc. has no authority to supervise, direct, control, or demand that a City employee perform
any function on behalf of KDB, Inc. If not otherwise governed by a service agreement approved
by the Denton City Council, a KDB, Inc. request for administrative support of KDB, Inc. by a
City employee shall be submitted to the City Manager or their designee, who shall have discretion
to approve such request. All support of KDB, Inc. by a City employee shall be accounted for as
an in-kind contribution of the City to KDB, Inc.
I. City Staff will be available to assist KDB, Inc. with the writing of any grant applications which
are mutually beneficial to both the City and KDB, Inc. City Staff are allowed to dedicate as much
time as necessary for this specific purpose. However, in the event that any one grant requires
more than a total of ten (10) hours of City Staff time, prior to exceeding ten (10) hours, notice
must be sent to the to the City Manager or their designee, who shall have the sole discretion to
deny or restrict the use of City Staff for grant writing.
J. Capital construction activities Program related activities conducted on City property supported
in whole or in part by Foundation funds shall follow all City procedures governing such projects
and including but not limited to city and building code requirements, if applicable.
7
K. The City shall have the right to oversee all projects infrastructure and capital improvement work
performed on any City owned or City funded property or facility. The City has the right to
suspend or discontinue a KDB, Inc. project, improvement, or initiative in the on any City owned
or City funded property or facility and in such event shall return any funds donated by KDB, Inc.
to the City for the suspended or discontinued project.
L. All work performed by or on behalf of KDB, Inc. is the responsibility of KDB, Inc. and not the
City. The City shall not be deemed liable for any act, omission, or obligation of KDB, Inc. KDB,
Inc. shall provide the terms of this Agreement and training related to KDB, Inc.
under this Agreement to its Board of Directors.
M. KDB, Inc. may not operate donor or sponsor recognition events unrelated to City Programs
during the Programs or in City facilities unless the City Council approves the event or adopts a
policy governing such events and KDB, Inc. complies with the policy.
N.M. This Agreement does not grant KDB, Inc. , trademarks, or
affiliation statuses.
O.N. Any personnel employed by or volunteering on behalf of KDB, Inc. shall be deemed
employees or volunteers respectively of KDB, Inc., and shall not be deemed employees or
volunteers of the City. KDB, Inc. shall be responsible for the supervision, management and
control of such KDB, Inc. employees and volunteers and any payroll, taxation or other
employment obligation, if any, incident to their work. Any personnel employed by or
volunteering on behalf of the City shall be deemed employees or volunteers respectively of the
City, and shall not be deemed employees or volunteers of KDB, Inc. The City shall be
responsible for the supervision, management and control of such City employees and volunteers
and any payroll, taxation or other employment obligation, if any, incident to their work.
P.O. KDB, Inc. shall maintain general liability insurance in the amount of $500,000 and in
accordance with City insurance requirements, including adding the City as an additional insured
party, for all work performed for the Programs by KDB, Inc. contractors
and subcontractors.
Q.P. KDB, Inc. will appoint a representative who will be reasonably available to meet with City
officials when upon request.ed.
R.Q. The City Director Manager or his designee is an ex-officio member of KDB, Inc. Board of
Directors and allowed to attend KDB, Inc. Board of Directors meetings. City employees may
attend meetings of KDB, Inc. Board of Directors. KDB, Inc. shall provide any requested
information to the City Manager or his designee, within thirty (30 days) upon request as long as
the information provided does not violate any donor trust or anonymity request, or any state or
federal Personal Identifiable Information (PII) laws.
S.R. KDB, INC. AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY,
ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER
8
KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE
PERFORMANCE BY KDB, INC. OR THOSE SERVICES CONTEMPLATED BY THIS
AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED
UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN
WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL
ACTS OF FOUNDATION,KDB, INC. ITS OFFICERS, EMPLOYEES, AGENTS,
VOLUNTEERS, SUBCONTRACTORS, LICENSEES AND INVITEES.
T.S. In the event any damage or injury is caused to the equipment or facilities provided by the City
hereunder, by the negligence or improper conduct of KDB, Inc., its agents, volunteers,
subcontractors or employees, KDB, Inc. shall cause the said damage or injury to be repaired as
speedily as possible at its own cost and expense.
ARTICLE V
NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms of
this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
or via electronic mail, hand-delivery or facsimile, addressed or sent to KDB, Inc. or City, as the case
may be, at the following addresses:
CITY KDB, Inc.
City of Denton, Texas Keep Denton Beautiful, Inc.
Attn: City Manager Attn: President
215 E. McKinney 608 E. Hickory St. #130
Denton, TX 76201 Denton, TX 76205
Todd.Hileman@cityofdenton.com ali@KDB, Inc..org
Either party may change its mailing address by sending notice of change of address to the other
at the above address by certified mail, return receipt requested.
ARTICLE VI
RIGHT TO AUDIT
KDB, Inc. agrees to retain all books, records, documents, reports, and written accounting
policies and procedures pertaining to the fundraising, donations, and services provided to City under
this agreement for a period of five (5) years from the date of record.
The City shall have the right to audit and make copies of the books, fundraising activities,
pledges, donations, gifts, statements, financial records and computations pertaining to the Agreement.
KDB, Inc. shall retain such books, records, documents and other evidence pertaining to the Agreement
period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved,
in which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within ten (10) business days of written
request. All books and records will be made available within a 50 mile radius of the City of Denton.
The cost of the audit will be borne by the City.
9
Failure to comply with the provisions of this section shall be a material breach of the
Agreement ermination thereof. Each of
the ed above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
ARTICLE VII
ETHICS
KDB, Inc. will adopt and comply with policies regarding code of conduct, conflicts of interest
and potential conflicts of interest.
ARTICLE VIII
ADMINISTRATION OF
AGREEMENT
The President of KDB, Inc. shall be the officer responsible for administration of the
Agreement for KDB, Inc. The City Manager, or designee, shall be the City staff member
responsible for the administration of this Agreement on behalf of the City.
ARTICLE IX
NO ASSIGNMENT
This Agreement is solely between the parties and cannot be assigned to another party
without the express advance written approval of the non-assigning party.
ARTICLE X
NON-APPROPRIATION OF FUNDS
Notwithstanding any other provision of this Agreement, if funds for the continued
fulfillment of this Agreement by the City are at any time not forthcoming or are insufficient, through
failure of any entity to appropriate funds or otherwise, then the City will have the right to terminate
this Agreement at no additional cost and with no penalty whatsoever by giving prior written notice
documenting the lack of funding. The City will provide at least thirty (30) days advance written
notice of such termination.
ARTICLE XI
MODIFICATION OF
AGREEMENT
No modification of this Agreement shall be effective unless it is in writing and signed by
both parties to the Agreement.
10
ARTICLE XII
INTEGRATION
This Agreement, together with any attached exhibits, constitutes the entire understanding
between the parties with respect to the subject matter of this Agreement. This Agreement replaces and
supersedes any prior discussions, negotiations, agreements, and understandings.
ARTICLE XIII
GOVERNING LAW
AND VENUE
This Agreement is subject to, governed by, and shall be construed under the laws of the
State of Texas. Venue of any suit or cause of action arising under this Agreement shall be
exclusively in Denton County, Texas.
ARTICLE XIV
SEVERABILTY
If any provision of this Agreement is found or deemed by a court of competent
Jurisdiction to be mval1d invalid or unenforceable, It shall be considered severable from the
remainder of this Agreement, and shall not cause the remainder of this Agreement to be invalid
or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken
provision with a valid and enforceable provision which comes as close as possible to expressing the
intention of the parties hereto respecting the stricken provision.
ARTICLE XV
CAPTIONS
The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
WITNESS WHEREOF, the City and KDB, Inc. have executed this Agreement in duplicate
original counterparts, the City acting by and through its duly-authorized City Manager, and KDB, Inc.
acting by and through its duly-authorized undersigned officer, on this the day of
__________________, 2018.
CITY OF DENTON
____________________________________
TODD HILEMAN, CITY MANAGER
11
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
KEEP DENTON BEAUTIFUL
BY:
_____________________________________
ITS: PRESIDENT
12
EXHIBIT 1
The Keep Denton Beautiful Donation Policies, Gift Acceptance, Grant Procedures, and Financial
Procedures
THIS PAGE IS INTENTIONALLY LEFT BLANK. INTENDED TO BE FILLED IN WITH KDB,
EXHIBIT 2
KDB, Inc. Requested Funds from the City of Denton
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9ƌĻĭƷƩźĭ ğƷĻƩƭŷĻķ
ğƭƷĻ
General Operations $ 10,000 $ 10,000
Great American Cleanup $ 1,500 $ 3,500 $ 5,000
Redbud Festival $ 2,500 $ 3,500 $ 6,000
Community Tree Giveaway $ 2,500 $ 2,500
Environmental Education Grants $ 1,000 $ 1,000 $ 2,000
Neighborhood Beautification Grants $ 2,500 $ 2,500
Mural Art Project $ 1,500 $ 1,500
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Keep Denton Beautiful Budget/Income Information
FY 2014-2015 to Present
2014-2015 2015-2016 2016-2017 2017-2018 2018-2019
Actual Actual Actual Estimate Budget
Personal Services 239,150 245,663 256,879 300,331 287,047
Rent of Building - 40,194 37,242 46,800 49,500
Materials and Supplies 12,720 22,454 19,959 10,950 12,400
Maintenance and Repair 432 882 - - 9,372
Insurance 2,786 2,806 1,217 2,903 3,972
Miscellaneous 305 480 293 164 600
Operations* 11,020 9,719 7,842 11,400 16,375
Interfund Transfers 51,562 29,829 23,010 33,932 27,347
317,975 352,027 346,442 406,480 406,613
* Original 2017-2018 Budget included $10K funding for the SWR contract payment to KDB, Inc. The budget was modified to move expense to Admin.
KDB, Inc. Income
Corporate Sponsorships* 9,950 9,750 9,000 7,508 7,508
City Sponsorships
/źƷǤ ƚŅ 5ĻƓƷƚƓ /ƚƓƷƩğĭƷ tğǤƒĻƓƷ 10,000 10,000 10,000 10,000 10,000
5ĻƓƷƚƓ aǒƓźĭźƦğƌ 9ƌĻĭƷƩźĭ 11,500 11,500 12,050 11,500 11,500
ğƷĻƩƭŷĻķ tƩƚƷĻĭƷźƚƓ 8,000 9,000 9,500 5,500 8,000
{ƚƌźķ ğƭƷĻ ğƓķ wĻĭǤĭƌźƓŭ - 2,500 - - -
Subtotal for City Sponsorships 29,500 33,000 31,550 27,000 29,500
Total of Corporate and City Sponsorships 39,450 42,750 40,550 34,508 37,008
Grants 12,200 8,900 9,000 15,000 15,000
Memberships* 5,775 5,260 3,785 4,410 4,410
Merchandise, Third Party Donations, Special Events* 14,886 16,441 19,014 10,065 10,065
Total KDB, Inc. Income 72,311 73,351 72,349 63,983 66,483
* FY 2018-2019 estimates for corporate sponsorships; grants; memberships; merchandise, third party donations, special events are based on
FY 2017-2018 budget projections.
Summary of KDB, Inc. Program and Event Funding Sources
2014-20152015-20162016-20172017-20182018-2019
Total City Sponsorships 29,500 33,000 31,550 27,000 29,500
Total Outside Sponsorships and Other 42,811 40,351 40,799 36,983 36,983
Percent KDB, Inc. Programs City Funded41%45%44%42%44%
Percent Programs Funded by Other Sources59%55%56%58%56%
Total KDB Income and Budget 390,286 425,378 418,791 470,463 473,096
Percent Total City Funded89%91%90%92%92%
Percent Total Funded Other Sources11%9%10%8%8%
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1695,Version:1
AGENDA CAPTION
Receive a report from staff, hold a discussion, and give staff direction regarding the design and construction of
Industrial Park.
City of DentonPage 1 of 1Printed on 10/5/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
ACM: Bryan Langley
DATE: October 9, 2018
SUBJECT
Receive a report from staff, hold a discussion, and give staff direction regarding the design and construction
of Industrial Park.
BACKGROUND
In January 2018, a Parks and Recreation staff member created a concept design for the park and updates
were completed in June. In addition, Parks and Recreation entered into a contract with Teague Nall and
Perkins (TNP) to provide three conceptual designs with an estimated cost of construction. Initial TNP
designs were provided to staff on May 11, 2018.
On June 26, Parks and Recreation presented four (4) concepts to City Council for consideration (Exhibit 3).
Originally, City Council suggested to staff preferred Options 3 or 4, as presented in the June 26 presentation.
With Option 4 also being recommended by the Parks, Recreation and Beautification Board as presented to
them on June 4, staff used that option to serve as the platform for feedback from the community. This
concept was presented at the public meetings with the original estimated construction cost of $362,752.
This estimate did not include any contingency.
Below is a list of meetings that were held to gather feedback on the proposed park design.
Presentation to Park Board June 4
Presentation to City Council June 26, City Hall, Work Session Room
Presentation to Main Street Association July 12, 8:30 am, City Hall, Work Session Room
Public Meeting July 19
Industrial Street Neighbors Meeting July 25
Report back to Park Board August 6
Updated Park Board September 10
Throughout that process information gathered was integrated into the selected draft to provide an updated
design concept (Exhibit 4) to propose to the Parks, Recreation and Beautification Board, and City Council.
These changes included items such as, but not limited to, more planter beds, larger trees, views through the
park for security, no decorative fountains, natural grass and use of little d bike racks. It is estimated that
construction costs, based on the public requests to be approximately $362,568.28 plus a 10% contingency
of $36,256.83 bringing the total to $398,825.11 (Exhibit 5).
On August 6, The Parks, Recreation and Beautification Board recommended approval to move forward (3-
1) with the concept as proposed. On September 10, the Parks, Recreation and Beautification Board received
an update to the project status as two new board members were appointed in August 2018.If the proposed
concept is selected, staff could begin construction within 2-3 months with internal and contracted work for
items such as concrete, sod and trees. It is anticipated the project could be completed in the winter of 2019.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 4, 2018, the Parks, Recreation and Beautification Board, reviewed and preliminarily supported
concept design Exhibit 6 Option 4 based on continue development.
On June 26, 2018, City Council, presented four (4) concepts to City Council for consideration
On August 6, the Parks, Recreation and Beautification Board, recommended moving forward to City
Council with the suggested design (Vote 3-1). One member of the board questioned how PARD had
reached the point of the designs. It was explained that a firm was hired to provide three alternatives and
staff created an additional concept to provide to the Board as well as City Council, and eventually the
community for consideration.
On September 10, the Parks, Recreation and Beautification Board received an update to the project status
as two new board members were appointed in August 2018. No concerns were raised by the Board,
especially from the new members. A consensus was to move forward as planned.
RECOMMENDATION
Staff recommends moving forward with Option 2 as presented in the PowerPoint. If City Council concurs
with the recommendation, PARD will move forward to construction phase in the near future
FISCAL INFORMATION
Parks and Recreation have identified funding availability from the Park Development Fund ($466,319.00)
and Park Land Acquisition Fund ($404,956.14) accounts totaling $471,275.14 for this project. Preliminary
estimates of the provided design concepts ranged from $319,000 to $653,000. Cost estimates as presented
total $398,825.11 which includes a 10% contingency.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 4.4 Provide and support outstanding leisure, cultural, and educational
opportunities
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Presentation October 9, 2018
Exhibit 3 Presentation June 26, 2018
Exhibit 4 Proposed Concept
Exhibit 5 Industrial Park Cost Estimate
Respectfully submitted:
Gary Packan
Director, Parks and Recreation
Conditions
F:\\Parks Projects\\Industrial Park\\Survey\\ALTA Survey - 108 Industrial Street.jpg
Steps
Steps
SIDEWALK
LITTLE D BIKE RACKS
Industrial Park Construction Cost Estimate
EXHIBIT 5
Initial Construction Estimates
Funding Sources
Completed: October 4, 2018
915 Fund$ 404,956.14
916 Fund$ 66,319.00
Source 3$ -
Option 1
$ 471,275.14
PROJECT TASKSAmountUnitUnit PriceTotalFUNDING SOURCE
Architectural Design1EA
$0.00
Engineering Civil1EA
$0.00
Engineering Geotechnical1EA$0.00
Surveys Topo and Lot1EA$0.00
Subtotal$0.00$0.00
hƦƷźƚƓ Њ
Concrete
Concept 1400SY$51.99
$20,796.00
Concept 180SY$107.85
$8,628.00
Concept 1122CY$520.99
$63,560.78
Stone/Capstones1EA$35,000.00
$35,000.00
Concept 1258CY$24.12
$6,222.96
10CY$511.00
$5,110.00
1CY$2,300.00
$2,300.00
Service Ramp1CY$3,500.00
$3,500.00
Concept 170LF$17.90
$1,253.00
Concept 14SY$51.51
$206.04
Art Panels2EA$7,500.00
$15,000.00
Art for Panels2EA$10,000.00
$20,000.00
Art Sculpture (back focal point)1EA$25,000.00
$25,000.00
Trash Receptacles
Concept 15EA$750.00
$3,750.00
Recycle Receptacles
Concept 15EA$750.00
$3,750.00
Little D Bike Racks8EA$600.00
$4,800.00
Posts and String Lights1EA$20,000.00
$20,000.00
Stone Benches6EA$1,000.00
$6,000.00
Table and Chairs
6EA$2,500.00
$15,000.00
Large Planter Pots5EA$2,000.00
$10,000.00
Њ
Irrigation EA$15,000.00
$15,000.00
Conduit
Concept 12EA$2,500.00
$5,000.00
Planting Soil40CY$200.00
$8,000.00
Decomposed Granite10CY$200.00
$2,000.00
Solar Lights6EA$1,500.00
$9,000.00
Trees6EA$750.00
$4,500.00
Perennials Installed2,000EA$9.00
$18,000.00
Sod
Concept 11,325SqFt$0.22
$291.50
Sign2EA$1,500.00
$3,000.00
Subtotal$334,668.28
Tree Removal12$1,500.00$18,000.00
Planning1$5,000.00
$5,000.00
Permits1$2,400.00$2,400.00
Inspections1$2,500.00$2,500.00
Subtotal$27,900.00
Subtotals$362,568.28$0.00
Risk (Contingency 10%)$36,256.83$0.00
Total (Scheduled)$398,825.11$0.00
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City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1707,Version:1
AGENDA CAPTION
HoldadiscussiontoreviewCouncil’sactionandconcernsrelatedtotheSeptember25,2018approvalofan
SUPordinanceforamultifamilyuselocatedsouthofLoop228ontheeastsideofBrinkerRoad,andrelatedto
theCouncil’sdiscussionatitsOctober1,2018SpecialCalledMeetinginconnectionwithAgendaItemID:18-
1645,includingadiscussiononformingasetofCouncil“bestpractices”todealwiththistypeofsituationin
the future.
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Legislation Text
File #:ID 18-1272,Version:1
AGENDA CAPTION
DeliberationsRegardingCertainPublicPowerUtilities:CompetitiveMatters-UnderTexasGovernmentCode
Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receiveinformationfromstaff,anddiscuss,deliberateandprovidedirectionregardingplansforthecurrentand
futureoperationsoftheGibbonsCreekSteamElectricStationownedbytheTexasMunicipalPowerAgencyin
connectionwiththeJointOperatingAgreement(“JOA”)betweentheCityofDentonandTMPA.Consultation
withtheCity’sattorneysregardinglegalissuesassociatedwiththecurrentandfutureoperationsoftheGibbons
CreekSteamElectricStationandJOAwherediscussionoftheselegalmattersinanopenmeetingwould
conflictwiththedutyoftheCity’sattorneystotheCityofDentonandtheDentonCityCouncilundertheTexas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
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Legislation Text
File #:ID 18-1685,Version:1
AGENDA CAPTION
Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consult with the City’s Attorneys on the status, strategy, and potential resolution of litigation styled,Knabe v. City of Denton, Cause
th
No. 17-3526-211, currently pending in the 211 District Court of Denton County, Texas.
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Legislation Text
File #:ID 18-1389,Version:1
AGENDA CAPTION
Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074.
Deliberateanddiscusstheevaluation,duties,discipline,procedures,andcontractsoftheMunicipalJudgeand
City Auditor.
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File #:ID 18-1612,Version:1
AGENDA CAPTION
Peterbilt Pride & Class Day
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Legislation Text
File #:ID 18-1614,Version:1
AGENDA CAPTION
First Christian Church of Denton 150th Anniversary
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File #:ID 18-1691,Version:1
AGENDA CAPTION
Public Power Week
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File #:ID 18-1581,Version:1
AGENDA CAPTION
Pat Smith regarding New Market Tax Credits.
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Legislation Text
File #:ID 18-1603,Version:1
AGENDA CAPTION
Dorothy Kuhn regarding Smart City Denton for all Dentonites.
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Legislation Text
File #:ID 18-1451,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation
authorizingtheCityManager,orhisdesignee,toexecuteanagreementwiththeDentonIndependent
SchoolDistrictforparticipationintheAdvancedTechnologyComplexPracticumofLaw,Public
Safety,Corrections,andSecurityProgramforthe2018-2019schoolyear;forthepurposeof
providing a student internship assignment; and providing an effective date.
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City of Denton
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: POLICE
CM/ DCM/ ACM: Todd Hileman
DATE: October 9, 2018
SUBJECT
Consider adoption of an ordinance by the City of Denton, a Texas home-rule municipal corporation
authorizing the City Manager, or his designee, to execute an agreement with the Denton Independent School
District for participation in the Advanced Technology Complex Practicum of Law, Public Safety,
Corrections, and Security Program for the 2018-2019 school year; for the purpose of providing a student
internship assignment; and providing an effective date.
BACKGROUND
The LaGrone Advanced Technology Complex (ATC) is a professional education training facility provided
by the Denton Independent School District providing
opportunities to over 30 potential career pathways. As part of the Law, Public Safety and Security Program,
students are provided options to explore each career path within the field of public safety.
Each semester, the ATC Public Safety program partners with the Denton Police Department to educate 5
to 6 students about law enforcement. The program is administered by a Denton Police sworn peace officer
of supervisory rank and includes instruction from several experts throughout the department. Curriculum
includes: forensics, report writing, traffic stops, SWAT, use of force simulator, jail, communications, rules
of firearms safety, and patrol ride-a-longs. As a result of exposure, students will obtain an increased
awareness of the complexities and hazards involved in police work so they may be better prepared to enter
into a career in law enforcement.
RECOMMENDATION
Staff recommends the Council approve this ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
FISCAL INFORMATION
Approximately 100 hours of staff time per school year, including preparation and class time.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.3 Promote effective internal and external communication
EXHIBITS
Exhibit 1: Agenda Information Sheet Denton ISD Public Safety Internship Program
Exhibit 2: Ordinance Denton ISD Public Safety Internship Program
Exhibit 3: MOU Agreement Denton ISD Public Safety Internship Program
Respectfully submitted:
Bobby Smith
Interim Chief of Police
Prepared by:
Bobby Smith
Interim Chief of Police
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City of Denton
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Legislation Text
File #:ID 18-1483,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
authorizingtheCityManagertoexecuteaProfessionalServicesAgreementwithPOWEREngineers,Inc.,to
provideservicesforCapitalImprovementProjectswheredesignorrelayandcontrolcommissioninghasbeen
initiated;forprovidingNorthAmericanReliabilityCorporation(NERC)requiredperiodicrelayandprotection
systemtestingfortwosubstations;formeetingobligationsoftheTexasMunicipalPowerAgency(TMPA)
TransmissionOperator,Maintenance,andConstructionServicesAgreement;forprovidingacontingencyfor
unforeseenengineeringsupportrequirements;andforprovidingacontingencyforemergencyrelayandcontrol
systemsupport;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(File6861-
awardedtoPOWEREngineers,Inc.,inthenot-to-exceedamountof$776,600).ThePublicUtilitiesBoard
recommends approval (5-0).
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 9, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with POWER Engineers, Inc.,
to provide services for Capital Improvement Projects where design or relay and control commissioning has
been initiated; for providing North American Reliability Corporation (NERC) required periodic relay and
protection system testing for two substations; for meeting obligations of the Texas Municipal Power Agency
(TMPA) Transmission Operator, Maintenance, and Construction Services Agreement; for providing a
contingency for unforeseen engineering support requirements; and for providing a contingency for
emergency relay and control system support; providing for the expenditure of funds therefor; and providing
an effective date (File 6861 awarded to POWER Engineers, Inc., in the not-to-exceed amount of
$776,600). The Public Utilities Board recommends approval (5-0).
INFORMATION /BACKGROUND
Denton Municipal Electric (DME) requires the services of consultants to develop structural and electrical
designs for electric transmission lines and substations and to provide other engineering and operations
related support services. Examples of services required are designs for transmission lines and substations,
substation relay and control system commissioning, NERC required periodic testing of relay and control
systems, support for Texas Reliability Entity (TRE) audits of commissioning and testing activities
(verification of records, interpretation of records and test results, explanations of testing, etc.), review and
analysis of relay operations in response to system events, technical consultations when system protection
events occur or system protection questions arise, and consultation for NERC standards compliance. Over
time, there will not be sufficient work to justify a full-time staff with the expertise necessary to address all
needs. Using outside resources is an efficient and reasonable method for obtaining the temporary and
specialized services needed.
DME has a contract with POWER Engineers, Inc. (PEI), in place for such services, but the funds approved
for the contract have almost been expended. Several design projects and station commissioning projects are
underway and must be completed. A list of the tasks that PEI is currently working on is contained in Exhibit
3. DME proposes to arrange for a new contract with PEI for the professional and technical services needed
for designs related to the projects that are in progress, for support in the procurement and construction
phases of transmission line projects, for completion of as-built records and drawings, and for other
engineering and operations technical consulting needs related to substation projects. Two contingency items
are included. One provides a small buffer to cover unforeseen needs related to the projects listed in Exhibit
3and to provide engineering services for unforeseen items that might arise. The second is more of a
contingency to provide immediately available funding for responding to emergencies or urgent needs
related to relay and control system issues.
If the design responsibilities for the projects listed in Exhibit 3 are reassigned to an engineering group other
than PEI, every aspect of the work that they have completed and the information that has been gathered
would have to be verified before any other engineering firm could professionally seal the designs or
complete the final records necessary.
The TEXAS ENGINEERING PRACTICE ACT AND RULES CONCERNING THE PRACTICE OF
ENGINEERING AND PROFESSIONAL ENGINEERING LICENSURE requirements state:
§137.33 Sealing Procedures
has been performed or directly supervised by the professional engineer named and to delineate the
Texas Engineering Practice Act and Rules Page 54 of 67 Effective 9/10/07
(b) License holders shall only seal work done by them, performed under their direct supervision as
defined in §131.81 of this title, relating to Definitions, or shall be standards or general guideline
specifications that they have reviewed and selected. Upon sealing, engineers take full professional
responsibility for that work.
Further, if any commissioning or testing work that has been undertaken by PEI is transferred to another
firm, all testing and commissioning work would have to be reaccomplished before that firm could certify
the results.
PEI has been providing these types of services to DME and Texas Municipal Power Association (TMPA)
for several years.
protection testing and commissioning. PEI has completed aerial surveying in the Denton area for the all of
TMPA transmission line facilities to aid in insuring that NERC clearance compliance requirements are
verified and to use in the design of upgrades for TMPA transmission lines. DME has used PEI for all design
activities related to upgrading of lines that were originally owned by TMPA. This avoided the expensive
and time-consuming effort to resurvey the transmission line routes that TMPA had already surveyed.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 24, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award a Professional Services Agreement with POWER Engineers, Inc., to provide services for Capital
Improvement Projects where design or relay and control commissioning has been initiated, in the not-to-
exceed amount of $776,600.
PRINCIPAL PLACE OF BUSINESS
POWER Engineers, Inc.
Hailey, ID
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval.
FISCAL INFORMATION
These services will be funded from the CIP account 603246491. Requisition #139677 has been entered
into the Purchasing software system in the amount of $776,600. Approximately $40,000 will be funded
out of funds budgeted for NERC required periodic testing of protective relay and control systems. These
costs for transmission projects and maintenance expenses will ultimately be recovered through the Public
Utility Commission transmission cost of service program (TCOS). Amounts for all capital projects were
included in the approved CIP.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.5 Develop a Capital Improvement Program that will meet our
community's needs
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: George Morrow at 940-349-8487.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1582,Version:1
AGENDA CAPTION
Consider approval of the minutes of August 25, August 28, September 11, and September 18, 2018.
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CITY OF DENTON CITY COUNCIL MINUTES
August 25, 2018
After determining that a quorum was present, the City Council convened in a Planning Session on
Saturday, August 25, 2018 at 9:00 a.m. at Serve Denton, 306 N. Loop 288, Denton, Texas.
PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff,
Council Member Armintor, Council Member Meltzer, Mayor Pro Tem Ryan, and
Mayor Watts.
ABSENT: None.
ITEMS FOR DISCUSSION
A. ID 18-1393 Hold a retreat discussion facilitated by Rick Robinson with Ramsee Consulting
Group and give direction and priorities concerning the following: City services and
infrastructure; streets; parks; finances, budget; planning; zoning and development;
environmental issues; technology; public utilities, taxes; engineering; economic
development; codes enforcement; transportation; purchasing; management;
intergovernmental relations; boards, commissions and committees; meetings; agenda
development; City Council interactions with each other, staff, and the public; and without
limitation, any and all operations of the City of Denton city government.
Todd Hileman, City Manager, thanked everyone for working with Rick Robinson with Ramsee
Consulting Group and stated that Rick would facilitate the meeting. Council’s feedback would
help them understand how to operate as a team with each other and the management team.
Robinson stated that during this meeting they would cover a discussion on behavior styles and
team dynamics, a priority setting and vision drafting exercise, a discussion around City Council
meeting structure, and provide an opportunity to discuss key policy topics and other strategic
initiatives for the upcoming fiscal year.
Robinson stated that he had talked with everyone to see what they would like to get out of this
meeting. Three biggest challenges last year were managing growth, infrastructure issues, and
relationships/trust. This year the biggest challenges were managing growth, infrastructure and
streets, affordable housing/homelessness, and transportation. The most urgent issue last year was
relationships/ trust. This year the most urgent issues were – streets, housing affordability, new
business /friendly development code, and public transit.
Council Members talked through their expectations of each other for the retreat.
Robinson stated that the DiSC Behavioral Preference Assessment was a tool used for discussion
of people's behavioral differences. All DiSC styles and priorities were equally valuable. He stated
that everyone was a blend of all four styles. A person’s work, management and leadership styles
were also influenced by other factors such as life experiences, education, and maturity. Gaining a
better understanding of one’s self was the first step to becoming more effective when working with
others. Learning about the DiSC styles of other people a person works or lives with could help
them understand their priorities and how they differ from their own.
Robinson reviewed what DiSC stood for and what the letters meant.
City of Denton City Council Minutes
August 25, 2018
Page 2
D – Dominance / This person placed emphasis on accomplishing results, the bottom line, and
confidence. Behaviors of this person included - saw the big picture, could be blunt, accepted
challenges, and got straight to the point.
I – Influence / This person placed emphasis on influencing or persuading others, openness,
relationships. Behaviors of this person included - showed enthusiasm, was optimistic, liked to
collaborate and disliked being ignored.
S – Steadiness / This person placed emphasis on cooperation, sincerity, dependability. Behaviors
of this person included - didn’t like to be rushed, calm manner, calm approach, and supportive
actions.
C – Conscientiousness / This person placed emphasis on quality and accuracy, expertise,
competency. Behaviors of this person included – enjoyed independence, objective reasoning,
wanted the details, and feared being wrong.
He said the platinum rule was to treat people the way they want to be treated.
Council Members completed exercises with the meeting facilitator that were designed to help them
better understand and communicate with one another.
Robinson stated there were five levels of dysfunction of a team – absence of trust, fear of conflict,
lack of commitment, avoidance of accountability and inattention to results.
Robinson asked the Council to write down a statement of their idea of the role of the Council and
then work together in teams to create a shared statement of the role of the Council. Discussion
included engaging citizens to get their input; giving direction and setting policy; transparency;
current realities included previous decisions and outcomes; ignoring personal and political agendas
in order to serve the people as a whole; protecting the health, safety, and general welfare and
improving the lives of the citizens of the city of Denton; providing policy direction to staff that
would provide some service and quality of life for the citizens by fiscally responsible decision-
making; modifying past policies to conform with current environment while planning for future
needs of the City; and mediating and negotiating with stakeholders and the City.
Robinson drafted a Role of Council from the Council’s ideas – the role of Council was to set
policy; provide direction to staff so staff could provide core services to provide for the health,
safety, and general welfare and enhanced quality of life for our residents, business, and other
stakeholders. We will use input from all stakeholders to strive to make decisions that are fiscally
responsible and in the best, long-term interests of the city of Denton.
The Council brainstormed on Rules of Engagement. Discussion included: Respect – no personal
attacks, presume good intentions; agree to disagree. Listening – show good listening behavior
while others are speaking; no twiddling on phones, rolling eyes, audibly groaning. Use “what I
think I heard you say… Negotiating – relevance to prior statements; relevance to role of Council;
relevance to topic at hand. Build on common ground when possible.
City of Denton City Council Minutes
August 25, 2018
Page 3
Robinson drafted Rules of Engagement for the Council: The Council would at all times treat others
with respect. Keep an open mind and actively listen – even to differing opinions. Seek first to
understand. Be succinct and stay on topic. Respect each other’s time. Seek to find common
ground.
Robinson drafted Rules of Engagement with Staff: Don’t abuse your access to staff. Be cognizant
of the chain of command and staff time. Ask for information/not give direction. Encourage open
sharing of opinions and expertise.
Council’s expectations of staff included full disclosure/accurate information; more candor; staff
recommendations-name staff member; staff time requirements for requests by Council/not
individuals; define options; and anticipate common Council Member reactions.
Hileman stated that the more staff got to know the Council, the better they could prepare the
material for Council on different topics. He stated that what mattered to staff was that Council
could trust the information staff gave them to make an informed decision.
Staff expectations of Council included 1) Prioritization and consensus on work session items.
Develop and agree on a process to manage requests (length of meetings). 2) Direct inquiries to
CMO/Directors. Understand the magnitude of your words on employees. 3) Understand staff’s
focus is on building a culture of candor, fiscal responsibility, CIP delivery, business processes and
streamline priorities. 4) If Council wants candor, hard on issue, not the person presenting. When
not respected, staff will not be comfortable sharing their opinions. 5) Get the full story before
forming an opinion or putting something in writing. Council emails and posts are frequently shared
with management and employees form opinions as to whether a safe environment exists. 6) If
Council wants candor – some mistakes will happen. Focus on how they can be prevented later
rather than not letting an issue pass. 7) Understand as a premise that staff takes pride in helping
the City look good and succeeding.
The Council discussed different ideas regarding vision – sustainability, transparency, people want
to live here, economically vibrant, increase availability, pockets of appropriate commercial,
maintain neighborhoods, reduced homelessness, small town values with the amenities of a big city,
tax rate affordable, doubled in size, stable government - run efficiently, make sure we don’t
become known as a Dallas suburb, and better low- and high-end housing options, healthy, green,
artistic, affordable, diverse family friendly community with modern infrastructure where people
want to live. A diverse city which maintains a balance of water, parks and interconnected spaces,
while retaining its small-town feel. Well balanced in its economics, population and cultural arts
aspects.
Council discussion also included things to focus on to achieve the vision - mobility plan; open
space planning; collaboration with departments; new City facility master plan / new bond program;
complete the development code update; complete a plan for City Hall West; NCTC parking garage
for city use; event locations; complete streets; master plan for downtown; tree canopy objective
and implementation; plan for the police department growth; recycling for downtown.
City of Denton City Council Minutes
August 25, 2018
Page 4
Robinson drafted a vision statement - Denton is a diverse community that successfully balances
small-town feel with big-city amenities; arts with industry; green spaces with development; growth
with sustainability; job growth with housing stock; to create a place where people want to be.
General consensus of the Council was that this had been a good investment of their time.
With no further business, the meeting was adjourned at 5:00 p.m.
_______________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
_______________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
August 28, 2018
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, August 28, 2018 at 12:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Mayor
Pro Tem Ryan, Council Member Armintor, Council Member Meltzer, and Mayor
Watts.
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for August 28, 2018.
Staff responded to Council’s requests for clarification on the following items:
Mayor Pro Tem Ryan - pull Consent Agenda Item B for separate consideration
Council Member Briggs - pull Consent Agenda Item B for separate consideration
Council Member Armintor – pull Consent Agenda Item B for separate consideration
3. Work Session Reports
A. ID 18-1157 Receive a report, hold a discussion, and give staff direction regarding the
FY2018-19 Denton Economic Development Partnership agreement between the City of
Denton and the Denton Chamber of Commerce.
Caroline Booth, Director of Economic Development, presented the staff report for the agreement
with the Denton Chamber of Commerce. She noted the background information regarding the
agreement, amount of the requested funding from the Chamber, terms of the FY18-19 agreement,
options and recommendations.
Council discussion included:
When the financial arrangement started with the Chamber
Whether dollar amounts for the Chamber were built into the utility rates
Rationale for using General Fund dollars and the utility funds
How unused funds were used/accounted for
Ways to determine how much activity for the performance measures would be
beneficial/successful
Consider changing the positions on the EDP Board to at-large positions
Provide justification for adding to the utility rates for the payment of the agreement
Consensus of the Council was to move forward with contract as presented.
B. ID 18-1335 Receive a report, hold a discussion, and give staff direction regarding the FY
2018-19 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year
Financial Forecast.
City of Denton City Council Minutes
August 28, 2018
Page 2
Tony Puente, Director of Finance, indicated that the presentations would include park fees, solid
waste fees and electric fees. He reviewed Council questions regarding budget memo in terms of
the TIF project financing report; percentage for Customer Service late fee instead of a flat rate;
and percentage for commercial.
Council discussed the late fees and requested additional data regarding late commercial accounts.
Council consensus was to look at the data regarding commercial accounts; keep the fee at the
current amount; separate large commercial versus small commercial accounts.
Gary Packan, Director of Parks and Recreation, presented information on the Park fee changes
proposed for 2018-19. He noted the schedule of fees in terms of background information; reviewed
the process for the proposed changed fees; fee removals; fee adjustment language; Water Works
Park update in terms of attendance and revenue; and admission and concessions trends.
Council discussion included:
Whether the lower attendance this past year was reflective of the increase admission costs
Types of discounts available for residents
Cost of admission for children
Provide historical pre/post wave pool which may facilitate further discussion
Packan continued with next steps which included the implementation of the Aquatic Assessment
Action Plan for a 1-2 year plan.
Council discussed:
Continue gathering data for next year to determine estimates for a full season discussion
Consider more after hours events or special events for more membership
Consider the competition in the area when looking at attendance
Whether the numbers might be skewed for the summer months due to additional child care
costs and other costs taking away from admissions
Consider lowering the fees to the original amount of $11/$7 to determine if there would be an
increase in attendance
Keep the pricing structure the same in order to get a full year of data before changing the rates
Policy regarding full cost recovery for the Water Park as opposed to other classes offered by
the Parks Department
Consider Twilight Admission Monday-Sunday and not just during the week
Consensus of the Council was to leave the structure the same; Twilight admissions would remain
Monday-Friday and return with historical data for Council consideration. Council also agreed to
reduce the number of discounts available for reduced admission.
Council discussed other park fees in terms of:
Admission to the recreation centers with a proposal to allow children up to 18 years of age to
use the centers without charge which might result in increasing the adult fees. Following
discussion, consensus of the Council was to keep the current fee for Center use.
City of Denton City Council Minutes
August 28, 2018
Page 3
Whether rental fees were required for all room rentals and the threshold for the fees. Staff noted
that the variables included the attendance for occupant load at location, sale of alcohol, and
time of day
A decline in membership in city classes and whether private workout facilities were a cause
for that decline
Scoreboard rental at baseball fields. Staff noted that the fee was for tournaments and not for
the local associations
Late fee for permit submissions at IOOF/Oak Lawn cemeteries. Staff noted that the fee was
approved in 2009 as there was a challenge in surveying/staking the lot as there was only one
company to do the digging
Nick Vincent, Utilities Business Manager, presented the staff report on the Solid Waste rates. He
noted the overview of the residential, commercial and landfill rates.
Council discussed the reasoning for accepting sludge into the landfill and whether there was an
environmental impact.
Ethan Cox, Director of Solid Waste, stated that it was a risk taking the sludge at $46 as it took up
air space. He suggested looking that the data for a few months and then make any adjustments
after that examination.
Consensus of the Council was to maintain the current process.
Vincent reviewed the proposed landfill rates that would be eliminated; the next steps in the process
regarding budget and rates; and the schedule of discussions.
George Morrow, DME General Manager, presented information on the electric rates. He noted the
rate change overview and impact to customers.
Council discussed the cost of service difference between residential customers versus commercial
customers and whether different time periods of rate usage had different rates.
th
Puente noted that there would be another budget Work Session discussion on the September 11,
th.
a public hearing on the budget then adoption of the budget on September 18
Item F was considered next.
F. ID 18-1409 Receive a report, hold a discussion, and give staff direction regarding
homelessness initiatives and the proposed Denton Basic Services Center project made at the
August 7, 2018 City Council meeting during Presentations from Members of the Public.
Sarah Kuechler, Director of Public Affairs, presented the staff report regarding homelessness
initiatives and direction on Denton Basic Services Center Proposal. She noted the background on
the progress of the City's building and improving a housing crisis response system; the progress of
the response system; details on the Shelter Planning Workgroup; proposed Denton Basic Services
Center project on city property on the corner of Texas and Ruddell; estimated staff effort to provide
information to Council for an informed decision; and how to best direct city efforts.
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August 28, 2018
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Council Member Armintor disclosed a previous affiliation with the Denton Basic Service Center
Board.
Council discussion included:
Whether this proposal was included in the Shelter Planning Workgroup
This proposal could be an outcome of the Shelter Planning Workgroup
Requirements that the City had provided in terms of the ESG Grant
There was a need for somewhere consistent for the homeless to sleep
Dani Shaw, Human Services Coordinator, provided information on the ESG grant provisions.
Council Member Meltzer also disclosed that he had a previous affiliation with the Denton Basic
Service Center Board but was no longer on the Board. He noted that efforts seemed to be on long
term permanent housing but what was the envisioned time frame to get assistance to the rare
homeless people.
Courtney Cross, United Way of Denton County, stated that the rare homeless were those
individuals only experiencing homelessness one time. The emphasis was on the chronic
homelessness and those with mental/physical disabilities to remove from being homeless. It
included implementing standards of excellence for operation and baseline measurements for care.
Kuechler stated that the Workgroup would look for the best solution and what was the best service
to those on the streets while providing a wraparound solution.
Council continued discussion regarding:
An interest in the program if it went from status quo to a stop gap until a final solution
The list of concerns presented by staff were not items that could not be accomplished
Policing efforts in the proposal Center area
The proposal in terms of differences in the status quo and the Shelter Planning Workgroup
goals for permanent housing and that they were not competition with the Salvation Army and
similar groups
Makeup of the Shelter Planning Workgroup in terms of no homeless individuals on the
committee and consider including them in the planning
Do not bend the rules for the planning of this proposal as other organizations had to follow the
rules when they started
Consider more money for MHMR as potential residents in the tent city might have been turned
away from other shelters
The location of the proposal was in the middle of a residential neighborhood
Support the organization as part of the Shelter Planning Workgroup as opposed to a standalone
project; gather information through the existing plan of the Shelter Planning Workgroup
Consider making the shelters permanent instead of tents
Consider several paths for action - Shelter Planning Workgroup look at the whole options; City
help shape the option for local consideration; assist in finding different city properties that
might be more suitable
Consensus of the Council was to move in the direction of discussion with the Shelter Planning
Workgroup and not have staff working on the project.
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August 28, 2018
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Council returned to the regular agenda order.
C. ID 18-1360 Receive a report, hold a discussion, and give staff direction regarding the process
for prioritizing and adding items to the Work Session Reports portion of the City Council
Agenda.
Bryan Langley, Deputy City Manager, presented information on the prioritization of Work Session
items. He noted new Work Sessions were requested and it was unclear if the consensus from
Council was to bring all of those items forward. Options to enhance efficiency were presented and
included reserving one Work Session per month as a strategic priority session to discuss Work
Session items; and having four members as a consensus to move an item forward for a Work
Session.
Council discussion included:
Determine a list of items from the retreat to work on in the upcoming months
Not having a consensus of Council in order to consider items rather rate the items from high-
low importance and high-low urgency
There was a need for a systematic way to establish priorities
Consider a policy to have two council members agree to put something on a Work Session
Consider meeting more frequently
Langley suggested considering an Informal Staff Report on a requested item and then determine
whether to bring it forward to a Work Session as each member had a different sense of urgency on
what to bring to a Work Session.
City Manager Hileman noted that a discussion might be needed on a common definition of what
was needing to be worked on. The length of meetings were a consideration as well. The volume
of requests was the issue and staff was unable to manage the number of requests received. Staff
felt Council needed to be involved the management of the requests.
Council discussion included:
Not increasing the number of meetings due to personal obligations and other city meetings
Whether staff reports were as big of an issue as requests for Work Session items
Be more specific when making a request as to whether a staff report or Work Session was
requested
Requiring four Council Member’s approval to get an item on a Work Session
Consider some type of document which lists the request, who requested the item and Council
check whether to more the item to a Work Session – send out with the Friday report
Consider blending some items together to reduce the number
Consider two people interested in an item to have a staff report and four to move it to a Work
Session
It was important to hear each other on items - keep an open mind
Policy issue/decision/staff direction needed to go through Work Session
Discussion would protect minority opinion
Requests can be political - meetings were going on too long with long debates
Not everything had to be said in public - things got done without discussing in public
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August 28, 2018
Page 6
There was a need to find a way to prioritize the requests
Consensus was to have staff prepare a list of the requests, present them to Council during a Monday
luncheon or a Work Session and have Council prioritize the list. Staff would prepare an Informal
Staff Report for the items and then council determine how to proceed with the item.
D. ID 18-1362 Receive a report, hold a discussion, and give staff direction regarding recent and
planned changes to the development process to enhance efficiency and customer service.
Scott McDonald, Director of Development Services, presented the staff development process
overview. He reviewed the various divisions in the development services department.
Richard Cannone, Development Services, presented information on the land development
planning process which included zoning, platting, and site plans. The next phase was construction
with permits, inspections and certificates of occupancy. He provided information on development
review applications, turnaround time for applications, number of views, and cost to applicants. He
also noted Development Review regarding the Development Code update along with a proposed
platting process.
Emily Loiselle, Development Services, spoke on the development services one stop shop concept.
She noted the steps involved in the commercial building permit process and building permit
turnaround time.
McDonald outlined the next steps in the process and items involved in the next steps.
E. ID 18-1369 Receive a report, hold discussion and provide staff direction regarding shared
electric scooters and their potential arrival in the City of Denton.
Marc Oliphant, Bike/Pedestrian Coordinator, presented information on dockless shared electric
scooters. He noted the details on the E-scooter share program including advocates and opponents
information. Information on what other cities were doing with the electric scooters was noted.
UNT and TWU were not interested in electric scooters on their campuses at this time. He
questioned if Council felt a dockless scooter share program was right for Denton.
Council discussion included:
Accident statistics for the scooters
Categorize the scooters as motor vehicles to keep them in the streets and not on sidewalks
Get more data from other cities regarding their experience with the program
Whether helmets would be required for the operation of the scooter
Consensus of the Council was to have an ordinance not allowing the program at this time.
The Council did not convene in the Closed Meeting following the completion of the Work Session.
The Closed Meeting item was considered after Concluding Items during the regular meeting.
Following the completion of the Work Session, the City Council convened in a Special Called
Meeting to consider the following items:
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August 28, 2018
Page 7
1.CONSENT AGENDA
Mayor Pro Tem Ryan motioned, Council Member Hudspeth seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item B which would
be considered individually. On roll call vote, Council Member Hudspeth "aye", Council Member
Briggs "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member
Meltzer "aye" and Mayor Watts “aye”. Motion carried unanimously.
Ordinance No. 18-1073
A. ID 18-1073 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute an
Investment Advisory contract with First Southwest Asset Management, LLC;
providing for the expenditure of funds therefor; and providing an effective date (RFP
6695- awarded to First Southwest Asset Management, LLC, in the two (2) year not-
to-exceed amount of $60,000).
Resolution 18-1345
C. ID 18-1345 Consider approval of a resolution by the City of Denton authorizing the
City Manager, or designee, to accept the Domestic and Sexual Violence Initiative
Grant (Grant No. 2016-VF-GX-K024) in the amount of $450,000.00 from the
International Association of Chiefs of Police though a grant from the US Department
of Justice Office of Justice Programs; for the period of January 1, 2018 through
September 30, 2019; and providing an effective date.
Ordinance No. 18-1349
D. ID 18-1349 Consider adoption of an ordinance of the City of Denton, approving a
City sponsorship of in-kind services and resources in an amount not to exceed $1,000
for the Denton Fire Traditions Calendar Fundraiser on Saturday, October 13, 2018;
and providing an effective date.
Ordinance No. 18-1376
E. ID 18-1376 Consider adoption of an ordinance of the City of Denton, Texas amending
the Code of Ordinances related to Chapter 2, titled "Administration," Article II, titled
"Administrative Organization" Section 2-29(h) titled "Creation of Committees,
Boards and Commissions," to clarify that citizen boards, commissions, committees,
task forces and ad hoc boards, commissions, and committees are all subject to the
procedural requirements of the Texas Open Meetings Act; providing for findings of
fact; providing severability; providing codification; confirming proper notice and
meeting; and providing for an effective date.
Resolution 18-1377
F. ID 18-1377 Consider approval of a resolution of the City Council of the City of
Denton, Texas, amending Resolution No. 2015-023 regarding the Denton Handbook
for Boards, Commissions, and Council Committees to clarify that citizen boards,
commissions, committees, task forces and ad hoc boards, commissions, and
committees are all subject to the procedural requirements of the Texas Open Meetings
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August 28, 2018
Page 8
Act; clarifying which sections of the Denton Handbook for Boards, Commissions, and
Council Committees are applicable to citizen boards, commissions, committees, task
forces and ad hoc committees; and declaring an effective date.
Ordinance No. 18-1387
G. ID 18-1387 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for Budgeting Software with Questica, Inc., for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (RFP 6570- awarded
to Questica, Inc., for one (1) year, with the option for two (2) additional one (1) year
extensions, in a total not-to-exceed amount of $351,918 for all years).
Item B was considered.
B. ID 18-1220 Consider adoption of an ordinance of the City of Denton confirming the Board
of Ethics’ rules of procedure as required by the Code of Ordinances, Chapter 2, Article XI,
Section 2-277(k); and providing an effective date.
Ken Gold spoke on Item B regarding legal representation. He felt a non-attorney could do some
of the provisions which currently required an attorney.
Council discussed the provision regarding representation of the person noted in a complaint and
whether that individual needed to be an attorney.
City Attorney Leal noted that the Ethics Board acted like a court and there was a potential violation
of an individual misrepresenting himself/herself as an attorney.
Council continued discussion included:
Who paid for legal fees if it was not a valid complaint
Whether an individual could provide guidance to a person but not speak
A concern that the Board was operating like a court
State in the ordinance that the Board was not a court of law; not a court proceeding
If the Board was going to act like a court, then the ordinance would have to be rewritten
People should be able to represent themselves in the best way available
Research what defined a court according to State law and practicing law without a license
The subpoena factor was also a consideration as whenever a subpoena was mentioned it
became subject to Section 11
The opening and closing statement time was too rigid – the Chair should have discretion as to
the time limit
The proposed time limit did not provide an opportunity for discussion on the alleged violation
City Attorney Leal stated that a notice could be placed in the ordinance that this was not a court
proceeding and not meant to be a court proceeding.
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August 28, 2018
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Langley noted that the Council consensus was to note in the ordinance that the Board was not a
court of law, the subpoena language in Section 1 would refer to Section 11, and hear from the
Board on how much time would be reasonable for the proceedings.
Jesse Davis, Ethics Board Chair, noted that the Board was requested to act like a court but was not
a court. The subpoena was not the same as one issued by a court as there was no enforcement
mechanism with the complainant. There was no legal enforcement against the city official as well.
Council discussed the provision in the proposed rules of procedure regarding subpoena; whether
the Board would be acting as a court; and that the procedures needed to be in place before the first
complaint was received. Consider including a provision that referred back to Robert Rules if not
addressed elsewhere in the ordinance.
City Attorney Leal noted that the Council’s rules of procedure would be attached to this Board as
well.
Council Member Hudspeth motioned to approve the ordinance. Motion died for lack of a second.
Council Member Meltzer, Council Member Ryan seconded to send the suggested revisions back
to the Ethics Board for consideration and amendment. On roll call vote, Council Member
Hudspeth "nay", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem
Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye" and Mayor Watts
“aye”. Motion carried with a 6-1 vote.
2. PUBLIC HEARINGS
Ordinance No. 18-1366
A. ID 18-1366 Hold a public hearing and consider adoption of an ordinance amending
ordinance No. 2016-213 of the City Council of the City of Denton, Texas authorizing
the City’s participation in the Texas Enterprise Zone Program pursuant to the Texas
Enterprise Zone Act, Chapter 2303, Texas Government Code (the "Act"), providing
tax incentives, designating a liaison for communication with interested parties; and
providing an effective date.
Caroline Booth, Director of Economic Development, presented the staff report on the amended
ordinance for the Texas Enterprise Zone Program. She reviewed the definition of the program, the
current ordinance and the proposed language amendment for the ordinance. The amended
language would reflect the liaison as the City Manager or his designee and would list the possible
incentives the City could offer.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
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August 28, 2018
Page 10
Council Member Briggs motioned, Council Member Meltzer seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member
Meltzer "aye" and Mayor Watts “aye”. Motion carried unanimously.
3.ITEMS FOR INDIVIDUAL CONSIDERATION
Resolution 18-1351
A. ID 18-1351 Consider approval of a resolution of the City Council of the City of
Denton nominating Tetra Pak, Inc. to the Office of the Governor, Economic
Development and Tourism ("OOGEDT") through the Economic Development Bank
("The Bank") as an Enterprise Project ("Project"); and providing an effective date.
Caroline Booth, Director of Economic Development, stated that this resolution would nominate
Tetra Pak to the State program as an Enterprise Project. She reviewed the details of the company,
future investments of the company in Denton as well as the benefits to Tetra Pak and Denton.
Mayor Pro Tem Ryan motioned, Council Member Briggs seconded to approve the resolution. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member
Meltzer "aye" and Mayor Watts “aye”. Motion carried unanimously.
Ordinance A18-0002
B. A18-0002 Consider adoption of an ordinance of the City of Denton, Texas, setting a
date, and place for two public hearings on the proposed voluntary annexation of
certain property generally located between Creekdale Drive and Hickory Creek Road,
east of the railroad tracks by the City of Denton, Texas, authorizing and directing the
City Secretary to publish notice of such public hearings.
Cindy Jackson, Development Services, stated that this item would set the date and place for two
public hearings for this proposed voluntary annexation. She presented background information
on the location of the site, that single family development was proposed along with the annexation
schedule.
Council Member Meltzer motioned, Mayor Pro Tem Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member
Meltzer "aye" and Mayor Watts “aye”. Motion carried unanimously.
C. ID 18-1401 Consider nominations and appointments to the Downtown Denton TIF
Reinvestment Zone No. One Board.
Jennifer Walters, City Secretary, reviewed the open position on the Board and proposed
nominations. She noted that former Council Member Bagheri’s seat was open and needed to be
filled by another Council Member. Council Member Meltzer had expressed an interest in this
position.
City of Denton City Council Minutes
August 28, 2018
Page 11
Ben Esely’s term had expired, but was eligible to be re-appointed and would like to continue to
serve. Council Member Hudspeth had nominated Mr. Esley for re-appointment and Council
Member Armintor had nominated Stephanie Davis for the position.
Council Member Meltzer’s term had expired in the Category 4 seat, so a new qualified voter would
need to be appointed to fill that seat. Council Member Meltzer had nominated Ken Gold.
Council Member Briggs motioned, Mayor Pro Tem Ryan seconded to approve the appointment of
Council Member Meltzer to the Council position. On roll call vote, Council Member Hudspeth
"aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye",
Council Member Armintor "aye", Council Member Meltzer "aye" and Mayor Watts “aye”. Motion
carried unanimously.
Council Member Hudspeth motioned, Council Member Duff seconded to approve the appointment
of Ken Gold to the Category 4 seat. On roll call vote, Council Member Hudspeth "aye", Council
Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member
Armintor "aye", Council Member Meltzer "aye" and Mayor Watts “aye”. Motion carried
unanimously.
Mayor Pro Tem Ryan recused himself from deliberation/vote on the nomination of Stephanie
Davis.
On roll call vote for the nomination of Stephanie Davis, Council Member Hudspeth "nay", Council
Member Briggs "aye", Council Member Duff "nay", Council Member Armintor "aye", Council
Member Meltzer "nay" and Mayor Watts “nay”. Motion failed with a 2-4 vote
Mayor Pro Tem Ryan returned to the meeting.
On roll call vote for the nomination of Ben Esley, Council Member Hudspeth "aye", Council
Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member
Armintor "aye", Council Member Meltzer "aye" and Mayor Watts “aye”. Motion carried
unanimously.
D. ID 18-1411 Consider a motion to reconsider the August 21, 2018 adoption of an
ordinance approving a Detail Plan for Planned Development 176 (PD-176) District
depicting an auto laundry facility on approximately 2.13 acres. The property is
generally located on the west side of North FM 2499, approximately 760 feet north
of Hickory Creek 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. (PDA18-0004a, Clean and Green Car Wash,
Hayley Zagurski.)
Council Member Briggs provided her reasons for requesting the reconsideration of this ordinance.
She noted that on the night of the original vote, Council had a long deliberation whether to allow
the site plan for the planned development and the fact that there was confusion on what the Council
could do and could not do. Her main reason for reconsideration was that once the public comments
were closed, the developer called out that he could make the tower shorter and she felt that the
City of Denton City Council Minutes
August 28, 2018
Page 12
developer was trying to tell false, misleading or incomplete information about the tower. She had
reviewed the original ordinance where one section noted that the building was compatible and not
adversely affecting the adjoining neighborhoods. She has also gone to the neighborhood and the
area was quiet with no lights. She wanted to hear if the development could make less of an impact
on the neighborhood.
Council Member Briggs motioned, Council Member Armintor seconded to reconsider the item.
Council Member Hudspeth stated that if this item were considered, he may roll back to his original
motion regarding height and time of operation.
Council Member Meltzer questioned if the applicant had a different point of view of the prior
proceedings and if Council would like to hear from him before voting on the motion.
Consensus of the Council was to not hear from the applicant at this time.
City Attorney Leal noted that if the motion to reconsider passed, Council would lose jurisdiction
over the proposal and it would have to be re-noticed, notices sent out to property owners and a
new public hearing scheduled. It would be at least September 18 or so before the item would come
back to Council.
Council Member Meltzer questioned if the Council voted to not reconsider whether there was
anything preventing the applicant from reducing the tower height if possible.
On roll call vote to reconsider, Council Member Hudspeth "aye", Council Member Briggs "aye",
Council Member Duff "nay", Mayor Pro Tem Ryan "nay", Council Member Armintor "aye",
Council Member Meltzer "nay" and Mayor Watts “aye”. Motion carried with a 4-3 vote.
Ordinance 18-1412
E. ID 18-1412 Consider adoption of an ordinance of the City Council of the City of
Denton, a Texas home-rule municipal corporation, providing for, authorizing, and
approving the execution by the City Manager or his designee, of a base contract for
sale and purchase of natural gas between the City of Denton and Tenaska Marketing
Ventures, a partnership; approving the execution of such other and further related
documents deemed necessary to effectuate the transactions allowed under this
agreement by the City Manager or his designee; determining that specific information
contained in documents involved in this transaction pertain to a "competitive electric
matter" as set forth under the provisions of §§551.086 and 552.133 of the Texas
Government Code, as amended; allowing the public to inspect, but not reproduce, the
base Contract as redacted; providing an effective date. The Public Utilities Board
recommends approval (6-0).
George Morrow, DME General Manager, provided background information on the contracts and
Tenaska Marketing Ventures. He reviewed the provisions of the proposed ordinance and noted
that the contract provisions were protected per the Texas Government Code.
City of Denton City Council Minutes
August 28, 2018
Page 13
Council Member Ryan motioned, Council Member Duff seconded to adopt the ordinance. On roll
call vote, Council Member Hudspeth "aye", Council Member Briggs "nay", Council Member Duff
"aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "nay", Council Member Meltzer
"aye" and Mayor Watts “aye”. Motion carried with a 5-2 vote.
4. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual information or recitation of policy,
or accept a proposal to place the matter on the agenda for an upcoming
meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of community interest regarding which no action will be taken, to
include: expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body
or an official or employee of the municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda
Council Member Armintor
Work session on the San Antonio ordinance
Staff report on MHMR funding from the State
Council Member Meltzer
Staff report on notification of neighbors/businesses when road repair projects were going to
start
B. Possible Continuation of Closed Meeting topics, above posted.
Council went into the Closed Meeting at 9:30 p.m. to consider the following item:
1. Closed Meeting:
A. ID 18-1422 Deliberations regarding Real Property - Texas Government Code Section
551.072; Consultation with Attorneys - Texas Government Code Section 551.071;
Consultation with Attorneys - Under Texas Government Code Section 551.07.
Discuss, deliberate, and receive information from staff and provide staff with direction
pertaining to the Lease Agreement between the City and American Biosource, LLC, dated
January 7, 2014 and approved and authorized by Ordinance No. 2014-020 ("Lease
Agreement"). Discuss, deliberate, and receive information from the City’s attorneys and
provide the City’s attorneys with direction regarding legal issues associated with the Lease
Agreement where a public discussion of these legal matters would conflict with the duty of
the City’s attorneys to the City of Denton and the Denton City Council under the Texas
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August 28, 2018
Page 14
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize
the City’s legal position in any administrative proceeding or potential litigation.
Council returned to Open Session at 9:50 p.m. and with no further business, the meeting was
adjourned.
__________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
September 11, 2018
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 11, 2018 at 2:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Mayor
Pro Tem Ryan, Council Member Armintor, and Council Member Meltzer.
ABSENT: Mayor Watts.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for September 11, 2018.
Staff responded requests for clarification from Council on the following items:
Council Member Briggs- Item D - consider individually; Item F
Council Member Hudspeth - Item F; Item G; Item O
3. Work Session Reports
A. ID 18-1196 Receive a report, hold a discussion, and give staff direction regarding gas well
setback distances, including the history of setbacks in Denton and current setback
requirements in other area cities.
Kenny Banks, General Manager of Utilities, presented the staff report regarding the gas well
setbacks distances. He noted the setback history in terms of approved ordinances and the
provisions associated with those ordinances, setback history summary; comparison of setback
distances in Tarrant and Denton counties; legal perspectives on setbacks; options for consideration.
Council discussed:
Whether the City had been sued over the current regulations
How the current setbacks worked
Whether there were any lawsuits filed under the House Bill provisions
The difference between setback and reverse setback
Whether there was a map on the City's website showing the locations of gas wells in the City
Whether new scientific information on setbacks would have an effect on Denton's requirements
The definition of "preemption" and whether that was probable with the Texas legislature
Inspections did not always protect the health and safety of citizens
Council discussed the proper distance for setbacks and reverse setbacks in terms of:
300 feet with notification to homeowner/renter
Proper notification for families living near a gas well for health and safety of children
Whether there were any wells closer than 250 feet in the city limits
Gas wells closer than 250 feet were approved a number of years ago when the only regulation
was the fire code
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September 11, 2018
Page 2
Suggestion to have a 500 foot setback for a protected use and 300 feet for unprotected uses
with a means of getting a variance for the setbacks
Consider 600 feet if a developer was willing to do so
Consider sending the issue to the Committee on the Environment, Planning and Zoning
Commission or sustainability Department for recommendations
Whether 1500 feet was a reasonable reverse setback
1500 feet would probably be a takings claim from a developer.
Pros and cons for various setback distances in terms of health and safety, takings claims,
measuring distances for the setbacks
Consensus of the Council was to consider the item at a later date after committee review and
additional information as requested. Have the Committee on Citizen Engagement consider a
survey regarding the notification process.
B. ID 18-1237 Receive a report, hold a discussion, and provide staff direction regarding
potential revisions to the Code of Ordinances to address tie-votes.
Rachel Wood, Assistant to the City Manager, presented information on the tie votes provision in
the Council's Rules of Procedure. She noted the current issue and options to address tie-vote
provisions.
Council discussed:
The reasoning for revising the supermajority vote
Effect on possible delays for prospective developments at the Planning and Zoning
Commission level
Whether the supermajority vote was needed
Whether failure at Planning and Zoning should still be supermajority at Council
Consider a time limit for scheduling an item in the event of a tie
Consensus of Council was to consider Option 4 with a simple majority vote due to a tie vote;
provide a definition for recusal and extended absence; a denial from Planning and Zoning would
still require a supermajority; a tie vote from Planning and Zoning would be a simple majority.
C. ID 18-1336 Receive a report, hold a discussion, and give staff direction regarding the FY
2018-19 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year
Financial Forecast.
Tony Puente, Director of Finance, presented an update on proposed changes to the budget and
noted the Parks and Recreation fees would also be reviewed.
Council discussed the Customer Service $20 late fee in terms of fees for residential, small
businesses and large businesses as well as a percentage versus a flat fee.
Consensus was to keep the residential fee at $20 as well as the commercial fee at $20 until
February.
City of Denton City Council Minutes
September 11, 2018
Page 3
Gary Packan, Director of Parks and Recreation, presented revenue/expenditure background
information on the Water Park as well as an update on revenue/expenditure projection as noted
from prior council direction. He reviewed the deficit for this fiscal year and next steps in the
process in terms of implementation of an Aquatic Assessment Action Plan.
Council discussed that a reduction of fees might increase attendance; consider a special promotion
offer to help increase sales; and that Council did not need to micromanage.
Puente provided a recap of budget changes in terms of the General Fund, Electric Fund, Downtown
Tax Increment Reinvestment Zone Fund, Tree Mitigation Fund, Police Confiscation Fund. He
noted the original proposed versus revised proposed property tax rate, the revised General Fund
forecast, and next steps in the budget process.
Following the completion of the Work Session, the City Council convened in a Closed Meeting to
consider the specific items listed under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. ID 18-1256 Consultation with Attorneys - Under Texas Government Code Section 551.071
Received information from the City’s attorneys and discuss legal status, strategy and possible
resolution or litigation in Cause No. 17-3526-211, styled "Deborah Knabe v. Allison A.
Vetere and the City of Denton, Texas" pending in the 211th Judicial District Court, Denton
County, Texas; discussion of these legal matters in an open meeting would conflict with the
duty of the City’s attorneys to the City of Denton and the Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
B. ID 18-1391 Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas
Government Code, Section 551.071.
Receive competitive and financial public power information from staff related to the Power
Purchase Agreement between the City of Denton, as the seller of power and electric energy
services, and Texas Woman’s University, as the buyer of power and electric energy services;
discuss, deliberate, and make recommendations to City Council regarding the same.
Consultation with the City’s attorneys regarding legal issues associated with the above
matters where a public discussion of these legal matters would conflict with the duty of the
City’s attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize
the City’s legal position in any administrative proceeding or potential litigation.
C. ID 18-1461 Consultation with Attorneys - Under Texas Government Code Section 551.071
Consultation with the City’s attorneys regarding legal issues associated with gas well setback
distances where a public discussion of these legal matters would conflict with the duty of the
City’s attorneys to the City of Denton and the Denton City Council under the Texas
City of Denton City Council Minutes
September 11, 2018
Page 4
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize
the City’s legal position in any administrative proceeding or potential litigation.
This item was not considered.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City
Hall.
1.PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
2.PROCLAMATIONS/PRESENTATIONS
A. ID 18-1396 Fall Prevention Awareness Day
Mayor Pro Tem Ryan presented the proclamation for National Fall Prevention Awareness Day.
B. ID 18-1397 Pain Awareness Month
Mayor Pro Tem Ryan presented the proclamation for Pain Awareness Month.
C. ID 18-1398 Constitution Week
Mayor Pro Tem Ryan presented the proclamation for Constitution Week.
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
This item was not considered as there were no schedule reports and no additional citizen report
requests.
4.CONSENT AGENDA
Council Member Hudspeth motioned, Council Member Armintor seconded to approve the Consent
Agenda and accompanying ordinance and resolutions with the exception of Item D which was
considered individually. On roll call vote, Council Member Hudspeth "aye", Council Member
Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member
Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously.
Ordinance No. 18-771
A. ID 18-771 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, accepting competitive proposals and awarding a
public works contract for the Supply of Overhead Electric Distribution Services for
the City of Denton; providing for the expenditure of funds therefor; and providing an
effective date (RFP 6582- awarded to Primoris T&D Services, LLC, for one (1) year,
City of Denton City Council Minutes
September 11, 2018
Page 5
with the option for two (2) additional one (1) year extensions, in a total not-to-exceed
amount of $900,000 for all years). The Public Utilities Board recommends approval
(7-0).
Ordinance No. 18-1233
B. ID 18-1233 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for the supply of liquid oxygen for the Water Department to Airgas USA, LLC;
providing for the expenditure of funds therefor; and providing an effective date (IFB
6785-awarded to Airgas USA, LLC, for one (1) year, with the option for two (2)
additional one (1) year extensions, in a total not-to-exceed amount of $250,000 for all
years).
Ordinance No. 18-1304
C. ID 18-1304 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal cooperation, authorizing the City Manager to execute a contract
through the Buy Board Cooperative Purchasing Network Contract Number 507-16,
for the Purchase or Rental of Uniform for City of Denton employees; authorizing the
expenditure of funds therefor; and providing an effective date (File 6839- awarded to
G&K Services, a Division of Cintas, for a three (3) year not-to-exceed amount of
$500,000).
Ordinance No. 18-1344
E. ID 18-1344 Consider adoption of an ordinance by the City of Denton authorizing the
City Manager, or his designee, to accept the Comprehensive Selective Traffic
Enforcement (STEP) grant (Grant No. 2019-Denton PD-S-1YG-00044) in the amount
of $88,536.68 from the U.S. Department of Transportation passed through the Texas
Department of Transportation for the period of October 1, 2018 through September
30, 2019; and providing an effective date.
Ordinance No. 18-1408
F. ID 18-1408 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and Denton Community Market for
Staff Time and Portable Restrooms; providing for the expenditure of funds in the total
amount of Five Hundred Dollars ($500); and providing an effective date.
Confirmed the appointment noted below
G. ID 18-1413 Consider and confirm the appointment by the City Manager of Lilyan
Prado Carrillo to the Civil Service Commission.
Ordinance No. 18-1416
H. ID 18-1416 Consider adoption of an ordinance of the City of Denton releasing,
abandoning, and vacating a 1.139 acre public utility easement granted to the City of
Denton by Good Samaritan Village of Denton County, recorded as Instrument No.
1997-R0034793, Real Property Records, Denton County, Texas; providing for
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September 11, 2018
Page 6
severability and an effective date. (Good Samaritan Addition - easement
abandonment)
Ordinance No. 18-1417
I. ID 18-1417 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to approve the
purchase of one (1) trailer mounted Fire Pump Testing and Training Simulator for the
Fire Department to FD International, Inc.; providing for the expenditure of funds
therefor; and providing an effective date (IFB 6853 - awarded to FD International,
Inc., in the not to exceed amount of $61,700).
Ordinance No. 18-1418
J. ID 18-1418 Consider adoption of an ordinance of the City of Denton releasing,
abandoning, and vacating an electric transmission line easement granted to the City
of Denton by Ethel Lee Bush, recorded in Volume 488 Page 289, Deed Records,
Denton County, Texas; providing for severability and an effective date. (Bellaire
North Addition - electric transmission easement abandonment)
Ordinance No. 18-1419
K. ID 18-1419 Consider adoption of an ordinance releasing, abandoning, and vacating
(I) a 0.352 acre drainage easement granted to the City of Denton by Kelsoe & Riley,
LLC, recorded as Instrument No. 2015-145562, Real Property Records, Denton
County, Texas and (II) a 1.286 acre drainage easement granted by Pitner Family
Limited Partnership, recorded as Instrument No. 2015-145563, Real Property
Records, Denton County, Texas; providing for severability and an effective date.
(Ryan Meadows Phase II Addition - drainage easement abandonments)
Ordinance No. 18-1428
L. ID 18-1428 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute an
Administration of IRS Section 125 Flexible Spending Accounts for Medical Care and
Dependent Care Service contract with Discovery Benefits, Inc. for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date (RFP
6798- awarded to Discovery Benefits, Inc. in the five (5) year not-to-exceed amount
of $166,276).
Ordinance No. 18-1432
M. ID 18-1432 Consider adoption of an ordinance of the City of Denton, Texas,
amending Ordinance No. 18-163 related to the duration of the Professional Services
Agreement with Innovative Transportation Solutions, Inc. for Transportation
Services; providing an effective date (RFQ 6610- providing for a two (2) year contract
in the amount of $252,000, with three (3) one-year options to renew for a not-to-
exceed total award of $630,000).
City of Denton City Council Minutes
September 11, 2018
Page 7
Approved the minutes listed below
N. ID 18-1434 Consider approval of the minutes of July 17, July 24, August 2, August
6, August 7, August 14, and August 21, 2018.
Ordinance No. 18-1452
O. ID 18-1452 Consider adoption of an ordinance of the City of Denton, a Texas home-
rule municipal corporation, authorizing and approving the City Manager, or his
designee, to expend funds to the Denton County Friends of the Family, as a
contractual consultant, in the amount of $39,395.00 under the Domestic and Sexual
Violence Initiative Grant (Grant No. 2016-VF-GX-K024) from the International
Association of Chiefs of Police (IACP), with said expenditure being administered by
the City of Denton for prevention of domestic and sexual violence, for a period from
January 1, 2018 through September 30, 2019; and providing an effective date.
Item D was considered.
Ordinance No. 18-1315
D. ID 18-1315 Consider adoption of an ordinance of the City Council of the City of
Denton, Texas providing for, authorizing, and approving the execution by the City
Manager of an amendment to extend the Power Purchase Agreement by and between
the City of Denton, Texas and the Texas Woman’s University; providing for an
effective date. The Public Utilities Board recommends approval (6-0).
George Morrow, General Manager-DME, indicated that he was available for questions.
Council Member Hudspeth motioned, Council Member Meltzer seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council
Member Meltzer "aye". Motion carried unanimously.
5.ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 18-915 Consider adoption of an ordinance authorizing a development agreement
between the City of Denton and Marker Stone Realty Partners I, LLC and Marker
Stone Realty Partners II, LLC; providing for acquisition of necessary property
interest, installment of critical infrastructure, and provision of electrical services;
authorizing the City Manager to execute the agreement, and providing for an effective
date. (Evers Way and Beall Way Additions)
This item was not considered.
Ordinance 18-1159
B. ID 18-1159 Consider adoption of an ordinance approving an agreement between the
City of Denton, Texas, and the Denton Chamber of Commerce regarding an economic
development partnership; and providing an effective date.
City of Denton City Council Minutes
September 11, 2018
Page 8
Caroline Booth, Director of Economic Development, presented information concerning the
agreement with the Denton Chamber of Commerce. She reviewed the agreement provisions which
were enhanced from the past agreements. Options for consideration were noted. Staff
recommended to renew the agreement.
Council discussion included:
Whether this was the sole source of funding for the Chamber
Future agreement funding should come from the General Fund and not from utility funds
Council Member Hudspeth motioned, Council Member Briggs seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council
Member Meltzer "aye". Motion carried unanimously.
Ordinance 18-1382
C. ID 18-1382 Consider adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager or his designee, to execute a Decommissioning Escrow
Agreement among and between the Texas Municipal Power Agency, the City of
Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas and the City of
Greenville, Texas ("Cities") regarding the establishment of escrow for
decommissioning pursuant to the existing joint operating agreement between the
Cities and TMPA; and providing an effective date. The Public Utilities Board
recommends approval (7-0).
George Morrow, General Manager-DME, presented information on the TMPA decommissioning
Escrow Agreement. He noted background information on the agreement and authorization for the
agreement.
Council Member Hudspeth motioned, Council Member Briggs seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council
Member Meltzer "aye". Motion carried unanimously.
D. ID 18-1435 Consider nominations/appointments to the City’s Boards, Commissions,
and Committees: Health & Building Standards Commission; Historic Landmark
Commission; Library Board; Traffic Safety Commission; Zoning Board of
Adjustment; City Hall West Steering Committee; and Oak Gateway Area Plan
Steering Committee.
Jennifer Walters, City Secretary, presented the nominations as noted on the Nominations Sheet in
the council backup materials.
Council Member Briggs motioned, Council Member Armintor seconded to approve the
nominations as noted. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs
"aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye",
and Council Member Meltzer "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 11, 2018
Page 9
Ordinance 18-1444
E. ID 18-1444 Consider adoption of an ordinance considering all matters incident and
related to the issuance, sale and delivery of up to $31,810,000 in principal amount of
"City of Denton Certificates of Obligation, Series 2018A"; authorizing the issuance
of the Certificates; delegating the authority to certain City officials to execute certain
documents relating to the sale of the Certificates; approving and authorizing
instruments and procedures relating to said Certificates; enacting other provisions
relating to the subject; and providing an effective date.
Tony Puente, Director of Finance, presented information on the issuance of the Certificates of
Obligation. He noted the purpose of the Notice of Intention that was previously approved, the CO
funded projects as well as the next steps in the process.
Council questioned the connection of South Mayhill.
Todd Estes, City Engineer, stated that the traffic funneled into Highway 2499 as it crossed under
I35E to make a clear connection of the roadway.
Council Member Hudspeth noted that Council was authorizing funding to potentially increase
traffic for Highway 2499
Council Member Briggs questioned the use of COs for the projects and what would happen to the
funding if one of the listed projects was not done.
Paul Williamson, Real Estate Manager, stated that street reconstruction funding would be paired
with street maintenance to help with the road projects throughout the city.
Robert Donnelly spoke on this item, presenting a history on the funding of Mayhill and questioned
the difference in the funding as based on the RTC funding and County matching funds.
City Manager Hileman presented the details on the differences in the funding arrangements in
terms of additional design costs for the bridge and landscaping, additional utility relocations and
right-of-way allocation. The County did not participate in this project as they worked with the
Bonnie Brae project and provided RTC funding for other projects around the city.
Council Member Hudspeth motioned, Council Member Meltzer seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council
Member Meltzer "aye". Motion carried unanimously.
6. PUBLIC HEARINGS
A. A18-0002a Conduct the first of two public hearings for a voluntary annexation of
approximately 86.47 acres of land generally located north of Hickory Creek Rd, and
south of Creekdale View by the City of Denton, Texas.
City of Denton City Council Minutes
September 11, 2018
Page 10
Cindy Jackson, Development Services, presented the details on the voluntary annexation. She
noted this was a voluntary annexation, presented the area for annexation, and the annexation
schedule.
The Mayor Pro Tem opened the public hearing.
Abra Nusser, applicant, spoke in favor
Matt Johnson, applicant, spoke in favor
LuAnn Autrey - spoke regarding the trees in the development
The Mayor Pro Tem closed the public hearing.
No action was needed on this item at this time.
B. ID 18-1337 Hold a second public hearing on a proposal to adopt a tax rate of
$0.620477 with a maximum allowable rate of $0.637856 per $100 valuation, which
will not exceed the lower of the effective or rollback tax rate.
Mayor Pro Tem Ryan noted that Items B and C would be presented together but voted separately.
The Mayor Pro Tem opened the public hearings for Items B and C.
Tony Puente, Director of Finance, presented the background information on the proposed tax rate.
He noted the budgetary priorities, property tax rate, revised proposed General Fund revenue,
Capital Improvement funding requests, total budget resource and expenditure summary; and next
steps in the process.
LuAnn Autrey spoke during the public hearing and asked that sidewalks be included in the street
budget.
Council Member Briggs read a letter from Aaron Kundall who was concerned about increased
taxes.
The Mayor Pro Tem closed the public hearing.
No action was required on this item at this time.
C. ID 18-1338 Hold a public hearing and receive citizen input on the FY 2018-19 Proposed
Budget.
The public hearing for this item was considered with Item B.
No action was required on this item at this time.
7. CONCLUDING ITEMS
City of Denton City Council Minutes
September 11, 2018
Page 11
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual information or recitation of policy,
or accept a proposal to place the matter on the agenda for an upcoming
meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of community interest regarding which no action will be taken, to
include: expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body
or an official or employee of the municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting
topics, above posted.
Council Member Armintor
Staff report from Legal and the Public Health Department regarding options for the use of
medical cannabis for medical conditions for the citizens of Denton.
With no further business, the meeting was adjourned at 8:30 p.m.
__________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
September 18, 2018
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 18, 2018 at 1:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Mayor
Pro Tem Ryan, Council Member Armintor, Council Member Meltzer and Mayor
Watts.
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for September 18, 2018.
Staff responded to Council’s requests for clarification on the following items:
Council Member Briggs - pull items C, Y, BB and CC for separate consideration; Y for
questions at Work Session; W for questions at Work Session
Council Member Hudspeth - presentation in Work Session on Item J
3. Work Session Reports
A. ID 18-1361 Receive a report from Texas Woman’s University regarding their Master Plan,
hold a discussion, and give staff direction.
Chancellor Feyten presented an update on the TWU masterplan. She spoke on the use of the former
golf course on the property and that the University had hired a consultant to look at the entire scope
of service for the property.
Rob Ramirez, Associate VP for Facilities-TWU, presented information on the master plan that
included three phases of analysis, exploration and plan. Key principles included an organizational
framework, goals, campus zones, framework for "one campus", and design guidelines.
Council discussion included:
Possible development across University Drive in District 2 was very confined on the property
Concerns about the closing of Bell to vehicle traffic
What were options for Mingo Road
TWU's vision for acquiring property surrounding the campus
B. ID 18-1368 Receive a report, hold a discussion and give staff direction regarding alignment
options for the Bonnie Brae Phase 4 Widening and Improvements project from IH 35 E to
Scripture.
Todd Estes, City Engineer, presented an update on alignment alternatives for Bonnie Brae between
I35E and Scripture. Background information was reviewed on prior alignment proposals. He noted
that four additional alternatives were analyzed for corridor travel time, safety, right of way impacts
City of Denton City Council Minutes
September 18, 2018
Page 2
and construction costs. He presented the details of each of the alternatives in terms of right-of-way
needed, parcels/acres and estimated construction amounts.
Council discussed the traffic flow of the various options and traffic flow of the roundabouts
Pritam Deshmukh, Traffic Engineer, reviewed the traffic analysis of the current conditions and
traffic analysis for the alternatives in the 2040 time frame.
Estes continued with a cost comparison of the various alternatives. Staff's recommendation was
alternative three.
Council discussed:
Consider an alternative to protect the homes in the area
Reduce the speed around McKenna Park
Consensus of the Council was to proceed with Option #3.
C. ID 18-1450 Receive a report, hold a discussion, and provide staff direction regarding City
Council priorities for upcoming work session report topics.
Bryan Langley, Deputy City Manager, presented information on a strategy session on upcoming
work session topics. He noted the Council retreat priorities, prior feedback and recommendations
from the August 28th Work Session discussion. Staff’s recommendation was to start the Work
Session at 1:00 or 2:00 p.m. with 3-4 presentations per meeting, hold a monthly strategy session
to review, consider and prioritize requested Work Session requests. He reviewed scheduled
operational and general consensus topics. He also noted early 2019 future Work Session topics
and other requests which had Informal Staff Reports presented. Direction was needed on which
items required a future Work Session presentation and the priority of those items.
Council discussion included:
Whether Council was willing to meet longer/more often to cover more items
First consider the items that came out of the Council retreat
Priority items might include traffic calming with a presentation to the Traffic Safety
Commission first; the establishment of a Committee on Disabilities
Reviewing each of the items on the list with each member indicating what items they wanted
in a Work Session was not going to reduce the amount of suggested Work Session items
Consider having a consensus of Council to place items on the Work Session
Individual Council Members noted their preference on the proposed list of Work Session items
Langley presented the list of requests scheduled for Informal Staff Reports and noted that the next
th
strategy session was scheduled for October 16.
Council discussed the list presented, noting their preferences on the need for an Informal Staff
Report.
Consensus of the Council was to proceed with noted Informal Staff Reports and prioritize possible
Work Session items at the October meeting.
City of Denton City Council Minutes
September 18, 2018
Page 3
Following the completion of the Work Session, the City Council convened in a Closed Meeting to
consider the specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
Council Member Hudspeth recused himself from deliberation on this item.
A. ID 18-1532 Deliberate regarding Real Property - Under Texas Government Code 551.072;
Consultation with Attorneys - Under Texas Government Code Section 551.071
Discuss, deliberate, and receive information from staff and provide staff with direction
pertaining to the potential purchase of certain real property interests out of the B.B.B. &
C.R.R. Company Survey, Abstract No. 192 and the E. Puchalski Survey, Abstract No. 996,
Denton County, Texas, and being generally located within the 300 through 600 block range
of North Bonnie Brae Street, including a 0.8123 acre tract generally located in the 2300 block
of Scripture Street, Denton, Texas. Consultation with the City’s attorneys regarding legal
issues associated with the potential acquisition or condemnation of the real property interests
described above where a public discussion of these legal matters would conflict with the duty
of the City’s attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize
the City’s legal position in any administrative proceeding or potential litigation. (Bonnie
Brae Street - Phase 4/5)
Council Member Hudspeth returned to the Closed Session.
B. ID 18-1555 Consultation with Attorneys - Under Texas Government Code, Section 551.071
Receive information from, consult with, deliberate, and provide direction and/or
recommendations to the City’s attorneys regarding (i) a proposed negotiated settlement
between the Atmos Cities Steering Committee ("ACSC"; of which the City is a member) and
Atmos Energy Corp., Mid-Tex Division, regarding Atmos’ 2018 rate review mechanism
filings ("Atmos 2018 RRM Filings"); and, (ii) the City’s options with respect to the Atmos
2018 RRM Filings. A public discussion of these legal matters would conflict with the duty
of the City’s attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize
the City’s legal position in any administrative proceeding or potential litigation.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City
Hall.
1.PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags.
2.BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION
City of Denton City Council Minutes
September 18, 2018
Page 4
Ordinance 18-1453
A. ID 18-1453 Consider adoption of an ordinance of the City of Denton, Texas, levying
the ad valorem property tax of the City of Denton, Texas, for the year 2018, on all
taxable property within the corporate limits of the city on January 1, 2018, and
adopting a tax rate of $0.620477 per $100 of valuation for 2018; providing revenues
for payment of current municipal maintenance and operation expenses and for
payment of interest and principal on outstanding City of Denton debt; providing for
limited exemptions of certain homesteads; providing for enforcement of collections;
providing for a severability clause; and providing an effective date.
Tony Puente, Director of Finance, reviewed the ad valorem property tax rate to be considered.
Mayor Pro Tem Ryan motioned, Council Member Hudspeth seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member
Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance 18-1454
B. ID 18-1454 Consider adoption of an ordinance of the City of Denton, Texas,
approving the 2018 tax rolls; and providing an effective date.
Tony Puente, Director of Finance, stated that the approved tax rolls had been delivered to the City
on July 25th. State law required those rolls to be formally adopted.
Council Member Hudspeth motioned, Council Member Meltzer seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council
Member Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance 18-1456
C. ID 18-1456 Consider adoption of an ordinance of the City of Denton, Texas, adopting
the Fiscal Year 2018-2019 Annual Program of Services (Budget) and the Capital
Improvement Program of the City of Denton, Texas, for the fiscal year beginning on
October 1, 2018, and ending on September 30, 2019; and declaring an effective date.
Tony Puente, Director of Finance, stated that this ordinance would formally approve the fiscal year
budget including the Capital Improvement Program for 2019.
Council Member Meltzer motioned, Mayor Pro Tem Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member
Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance 18-1457
D. ID 18-1457 Consider adoption of an ordinance of the City of Denton, Texas, ratifying
the adoption of the Fiscal Year 2018-2019 Annual Program of Services (Budget) and
the Capital Improvement Program of the City of Denton, Texas, for the fiscal year
City of Denton City Council Minutes
September 18, 2018
Page 5
beginning October 1, 2018, and ending on September 30, 2019 when the Budget will
raise more revenue from property taxes than last year’s budget; and providing an
effective date.
Tony Puente, Director of Finance, stated that this item was a State requirement ratifying the prior
action of the Council which adopted the budget.
Mayor Pro Tem Ryan motioned, Council Member Meltzer seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member
Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously.
3.PROCLAMATIONS/PRESENTATIONS
A. ID 18-1512 Effie Ruth Webb McQueen Day
Mayor Watts presented the proclamation for Effie Ruth Webb McQueen Day.
B. ID 18-1513 Barney Cosimo Day
Mayor Watts presented the proclamation for Barney Cosimo Day.
4. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Receive Scheduled Citizen Reports from Members of the Public.
1. ID 18-1415 Henry Jason regarding a committee for the handicapped.
Mr. Jason presented information concerning his interest in the handicapped and the various
committees he had served on concerning the rights of the handicapped. He encouraged the Council
to develop a committee for the handicapped.
C. Additional Citizen Reports
Craig Clifton spoke on a proposed development on Normal Street.
Item 7A was considered.
7. PUBLIC HEARINGS
Ordinance PDA18-0004b
A. PDA18-0004b Hold a public hearing and reconsider the August 21, 2018 adoption of
an ordinance approving a Detail Plan for Planned Development 176 (PD-176) District
City of Denton City Council Minutes
September 18, 2018
Page 6
depicting an auto laundry facility on approximately 2.13 acres. The property is
generally located on the west side of North FM 2499, approximately 760 feet north
of Hickory Creek 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. (PDA18-0004a, Clean and Green Car Wash,
Hayley Zagurski.)
The Mayor opened the public hearing.
Haley Zagurski, Development Services, presented details on the reconsideration of the ordinance
for the detailed plan on August 21, 2018. She noted the analysis of the zoning and the detailed plan
in terms of site plan and the conditions of the approval.
The following individuals spoke during the public hearing:
Kimberly Hurst, 3301 Highpoint Drive, Denton, 76210 – opposed
David Furr, 6500 Longleaf Lane, Denton, 76210 – opposed
Tom Brandt, 6600 Hayley Way, Denton, 76210 – opposed
Joshua Boschee, applicant – favor
Council discussed:
Location of the dumpsters and whether they could be moved to the other side of the property
away from the residences
Location of the vacuum motor
Elevation of the property
Consideration of inverting the site plan with the vacuum and dumpster away from the
residences
Consideration of reducing the size of the tower
The number of car washes in the area
Visibility of the development from the roadway
Michael Otis, 6700 Hayley Way, Denton, 76210 - spoke in opposition
The Mayor closed the public hearing.
Council Member Hudspeth motioned, Council Member Duff seconded to approve with the
conditions of no exterior lighting towards the neighborhood, the sign ordinance requirements had
to be met, a six foot high retaining wall and the centralized vacuum component of the design.
Council Member Briggs noted that the hours of operation had been left out of the motion. She
stated that she had requested the reconsideration due to questions that occurred during the prior
meeting. She felt that the actual code of the Planned Development gave Council several options to
consider including compatibility of land uses. She did not feel the proposed development was
compatible with the neighborhood.
Council Member Ryan suggested a friendly amendment for the developer to work with staff to
relocate the dumpsters to the other side of the property.
City of Denton City Council Minutes
September 18, 2018
Page 7
Council Members Hudspeth and Duff were in agreement with that friendly amendment to their
motion and second.
Council Member Meltzer motioned to amend the original motion that the height of the tallest
elevation would be 25 feet with some discretion for technical specifications.
Council Member Briggs noted that the hours of operation would revert back to a 24 hour time use.
Motion died for lack of a second.
Council Member Meltzer motioned, Council Member Briggs seconded to restore the condition
that the hours of operation would be from 7:00 a.m. – 9:00 p.m.
After further discussion of the motion and proposed amendment plus a suggestion to invert the site
plan, Council Members Meltzer and Briggs withdrew their motion and second.
Council Member Meltzer motioned, Council Member Briggs seconded to amend to the hours of
operation to 7:00 a.m. – 9:00 p.m. and to invert the site plan.
After discussion Council Members Hudspeth and Duff accepted that amendment as a friendly
amendment to their motion and second.
Mayor Watts restated the motion was to approve with the conditions that the hours of operation
would be from 7:00 a.m. – 9:00 p.m., the site plan would be inverted so that the dumpsters and
vacuums were on the other side of the property; no exterior lighting towards the neighborhood, the
sign requirements made by the Planning and Zoning Commission, a six foot high retaining wall,
and vacuum compartment in separate insulated room.
On roll call vote of the motion with the conditions noted above by the Mayor, Council Member
Hudspeth "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts
"aye". Council Member Briggs "nay", Council Member Armintor "nay", and Council Member
Meltzer "nay". Motion carried with a 4-3 vote.
Council Member Meltzer left the meeting.
5.CONSENT AGENDA
Mayor Pro Tem Ryan motioned, Council Member Briggs seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Items C, Y, BB and
CC which would be considered separately. On roll call vote, Council Member Hudspeth "aye",
Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council
Member Armintor "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance 18-1238
A. ID 18-1238 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a
Professional Services Agreement with Pike Engineering, LLC., for electric
City of Denton City Council Minutes
September 18, 2018
Page 8
engineering services to provide distribution design, construction and standards;
distribution system planning services; new distribution customer project designs;
project quality control services; and perform distribution system studies for Denton
Municipal Electric distribution engineering; providing for the expenditure of funds
therefor; and providing an effective date (RFQ 6566 - awarded to Pike Engineering,
LLC., in a total not-to-exceed amount of $900,000). The Public Utilities Board
recommends approval (6-0).
Ordinance 18-1321
B. ID 18-1321 Consider adoption of an ordinance amending ordinance No. 2012-001 of
the City Council of the City of Denton, Texas, regarding changes to funding source,
policy, and procedures for the Downtown Reinvestment Grant Program; and
providing an effective date.
Ordinance 18-1395
D. ID 18-1395 Consider adoption of an ordinance of the City of Denton, Texas
establishing the schedule of rates for electric service; providing for a repealer;
providing for a severability clause; and providing for an effective date. The Public
Utilities Board recommends approval (6-0).
Ordinance 18-1402
E. ID 18-1402 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and Giving Hope, Incorporation for
Homeless Prevention Assistance; providing for the expenditure of funds in the total
amount of Four Hundred Dollars ($400); and providing an effective date.
Ordinance 18-1423
F. ID 18-1423 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for the supply of electric utility distribution hardware, connectors, arms, and
accessories for the City of Denton Distribution Center; providing for the expenditure
of funds therefor; and providing an effective date (IFB 6653 - awarded to the lowest
responsive bidder for each line item, Stuart C. Irby Company, for one (1) year, with
the option for three (3) additional one (1) year extensions, in a total not-to-exceed
amount of $500,000 for all years, and Techline, Inc., for one (1) year, with the option
for three (3) additional one (1) year extensions, in a total not-to-exceed amount of
$4,000,000 for all years, in a total not-to-exceed amount of $4,500,000 for all years).
Ordinance 18-1426
G. ID 18-1426 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
through the State of Texas Smart Buy Program for the purchase of Library Print
Materials: Publications, Audiovisual Materials, Books, and Cataloging Services
(prepared materials only) as awarded by the State of Texas Contract Number 715-
M2; authorizing the expenditure of funds therefor; and declaring an effective date
City of Denton City Council Minutes
September 18, 2018
Page 9
(File 6886 - awarded to Baker & Taylor, LLC, in the not-to-exceed amount of
$350,000).
Ordinance 18-1427
H. ID 18-1427 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
through the State of Texas Smart Buy Program for the purchase of Library
Audiovisual Materials: Publications, Audiovisual Materials, Books, and Cataloging
Services (prepared materials only) as awarded by the State of Texas contract number
715-M2; authorizing the expenditure of funds therefor; and declaring an effective date
(File 6887 - awarded to Midwest Tape, LLC, for a term ending on August 31, 2019,
in the not-to-exceed amount of $150,000).
Ordinance 18-1429
I. ID 18-1429 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a
Professional Services Agreement with RPS Infrastructure, Inc., for design services
for the Bonnie Brae Phase 6 ~ University (US 380) to Loop 288 street improvement
project as set forth in the agreement; providing for the expenditure of funds therefor;
and providing an effective date (RFQ 6590-032 - Professional Services Agreement
for design services awarded to RPS Infrastructure, Inc., in the not-to-exceed amount
of $2,031,479.50). The Public Utilities Board recommends approval (6-0).
Ordinance 18-1431
J. ID 18-1431 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a
Professional Services Agreement with Kimley-Horn and Associates, Inc. for an
Americans with Disabilities (ADA) Act Compliance Review and Transition Plan as
set forth in the agreement; providing for the expenditure of funds therefor; and
providing an effective date (RFQ 6590-033 - Professional Services Agreement for
Design Services awarded to Kimley-Horn and Associates Inc., in the not-to-exceed
amount of $239,850).
Ordinance 18-1448
K. ID 18-1448 Consider adoption of an ordinance of the City of Denton, a Texas home-
rule municipal corporation authorizing the City Manager, or designee, to execute an
agreement with the United States Department of Justice, Drug Enforcement
Administration (DEA) for participation in the Dallas Field Division Area Task Force
Group 1 for Fiscal Year 2019; and providing an effective date.
Ordinance 18-1449
L. ID 18-1449 Consider adoption of an ordinance of the City of Denton, a Texas home-
rule municipal corporation authorizing the City Manager, or designee, to execute an
agreement with the United States Department of Justice for participation in the
Federal Equitable Sharing Program for Fiscal Year 2019; and providing an effective
date.
City of Denton City Council Minutes
September 18, 2018
Page 10
Ordinance 18-1460
M. ID 18-1460 Consider adoption of an ordinance of the City of Denton, Texas amending
the Fiscal Year 2017-18 Budget and Annual Program of Services of the City of
Denton to allow for increases to: (A) the General Fund of $828,191 for the purpose
of funding equipment, two master plans, and Park improvements; (B) the General
Debt Service Fund of $20,000 for the purpose of funding fees; (C) the Risk Retention
Fund of $600,000 for the purpose of funding increases in claims; (D) Park Land
Dedication Trust Fund of $100,000 for the purpose of funding additional park land;
(E) Park Development Trust Fund of $100,000 for the purpose of funding additional
park development; declaring a municipal purpose; providing a severability clause;
providing an open meetings clause; and providing for an effective date.
Ordinance 18-1464
N. ID 18-1464 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a
Professional Services Agreement with Freese and Nichols, Inc., to conduct condition
assessment, provide preliminary design and regulatory and performance upgrades for
the facilities at the Lake Ray Roberts water treatment plant (RRWTP) as set forth in
the contract; providing for the expenditure of funds therefor; and providing an
effective date (RFQ 6700 - Professional Services Agreement awarded to Freese and
Nichols, Inc., in the not-to-exceed amount of $224,411). The Public Utilities Board
recommends approval (6-0).
Ordinance 18-1465
O. ID 18-1465 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
with SigmaFlow, LLC, for NERC compliance software services for the City of
Denton; providing for the expenditure of funds therefor; and providing an effective
date. (RFP 6704-awarded to SigmaFlow, LLC, for one (1) year, with the option for
four (4) additional one (1) year extensions, in a total not-to-exceed amount of
$311,250 for all years). The Public Utilities Board recommends approval (6-0).
Ordinance 18-1466
P. ID 18-1466 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager, or his designee, to execute a Memorandum of Understanding by and
between United Way of Denton County, Inc., and the City of Denton and providing
for the expenditure of funds for Homelessness Initiatives in the amount of
$107,748.00 for the partial funding for a Homelessness Coordinator, Coordinated
Entry Coordinator, and Housing Navigator in furtherance of the coordinated system
homeless assistance programs; authorizing the expenditure of funds therefor; and
providing an effective date.
Ordinance 18-1472
Q. ID 18-1472 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a
Professional Services Agreement with Adams Consulting Engineers, Inc., a Texas
Corporation, for design and construction plan set for 17,200 linear feet of sidewalk
City of Denton City Council Minutes
September 18, 2018
Page 11
segments throughout the city as set forth in the agreement; providing for the
expenditure of funds therefor; and providing an effective date (File # 6590-035 -
Professional Services Agreement for design services awarded to Adams Consulting
Engineers, Inc., a Texas Corporation, in the not-to-exceed amount of $223,800).
Ordinance 18-1474
R. ID 18-1474 Consider adoption of an ordinance releasing, abandoning, and vacating a
3.625 acre portion of a 5.886 acre electric utility and hike and bike trail easement
granted to the City of Denton by Holigan Land Development, Ltd., a Texas limited
partnership, recorded as Instrument No. 2005-140655, Real Property Records,
Denton County, Texas; Providing for severability and an effective date. (Carmel
Villas - Phase I subdivision development)
Ordinance 18-1477
S. ID 18-1477 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a
Professional Services Agreement with Freese and Nichols, Inc. (FNI), for Airport
Road Analysis, Design, and Construction Administration Services as set forth in the
contract; providing for the expenditure of funds therefor; and providing an effective
date (RFQ 6590-038 - Professional Services Agreement for Pre-Qualified
Engineering Services awarded to Freese and Nichols, Inc., in the not-to-exceed
amount of $168,300).
Ordinance 18-1478
T. ID 18-1478 Consider adoption of an ordinance of the City of Denton, a Texas home-
rule municipal corporation, accepting competitive bids and awarding a contract for
the supply of Electric Utility Overhead and Underground Distribution Transformers
for the City of Denton Distribution Center; providing for the expenditure of funds
therefor; and providing an effective date (IFB 6778 - awarded to Techline, Inc. in the
five (5) year not-to-exceed amount of $11,000,000). The Public Utilities Board
recommends approval (6-0).
Ordinance 18-1480
U. ID 18-1480 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, accepting competitive bids and awarding a contract
for the supply of precast concrete pull boxes for the City of Denton Distribution
Center to Techline, Inc.; providing for the expenditure of funds therefor; and
providing an effective date (IFB 6812 - awarded to Techline, Inc., in the five (5) year
not-to-exceed amount of $2,500,000).
Ordinance 18-1481
V. ID 18-1481 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, accepting competitive bids and awarding a contract
for Wood Utility Poles for the City of Denton Distribution Center to McFarland
Cascade Holdings, Inc.; providing for the expenditure of funds therefor; and
City of Denton City Council Minutes
September 18, 2018
Page 12
providing an effective date (IFB 6813 - awarded to McFarland Cascade Holdings,
Inc., in the five (5) year not-to-exceed amount of $2,500,000).
Ordinance 18-1486
W. ID 18-1486 Consider adoption of an ordinance of the City of Denton, adopting a
schedule of fees for services and fees of the Denton Fire Department; superseding all
prior fees in conflict with such schedule; providing for severability; and providing for
an effective date.
Ordinance 18-1488
X. ID 18-1488 Consider adoption of an ordinance adopting a schedule of fees for
cemeteries and use of certain park facilities; superseding all prior fees and discounts
in conflict with such schedule; and providing for severability and an effective date.
Ordinance 18-1492
Z. ID 18-1492 Consider adoption of an ordinance of the City of Denton, Texas
establishing the schedule of rates for Wastewater service; providing for a repealer;
providing for a severability clause; and providing for an effective date. The Public
Utilities Board recommends approval (6-0).
Ordinance 18-1493
AA. ID 18-1493 Consider adoption of an ordinance of the City of Denton, Texas
establishing the rates for solid waste and recycling collection service; providing for a
repealer; providing for a severability clause; and, providing an effective date. The
Public Utilities Board recommends approval (6-0).
Ordinance 18-1530
DD. ID 18-1530 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager, or his designee, to execute a landscape maintenance agreement with
the Texas Department of Transportation for the purpose of providing all required
maintenance of certain landscape improvements located within the right of way of
state highway routes; and, providing an effective date.
Ordinance 18-1550
EE. ID 18-1550 Consider adoption of an Ordinance of the City of Denton authorizing the
City Manager, or his designee, to execute a Nondisclosure Agreement between the
City and NewGen Strategies and Solutions, LLC. ("NewGen"); for the purpose of
conducting a management study of City of Denton Utilities as required by the section
12.08(f) of the City Charter providing for a severability clause; and providing for an
effective date.
The items pulled for individual consideration were considered.
Resolution 18-1383
C. ID 18-1383 Consider approval of a resolution approving the City of Denton’s
GreenSense Incentive Program Manual, and Distributed Generation Manual for FY
City of Denton City Council Minutes
September 18, 2018
Page 13
2018-19; providing for an effective date. The Public Utilities Board recommends
approval (7-0).
George Morrow, DME General Manager, stated that the updated resolution clarified that the
provisions were applicable to multifamily developers including solar.
Council Member Briggs motioned, Mayor Pro Tem Ryan seconded to approve the resolution. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Mayor Watts
"aye". Motion carried unanimously.
Ordinance 18-1490
Y. ID 18-1490 Consider adoption of an ordinance of the City of Denton, Texas
establishing the rates for water and water service; providing for a repealer; providing
for a severability clause; and, providing for an effective date. The Public Utilities
Board recommends approval (6-0).
Mayor Pro Tem Ryan motioned, Council Member Armintor seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Mayor Pro Tem
Ryan "aye", Council Member Armintor "aye", and Mayor Watts "aye". Council Member Briggs
"nay". Motion carried with a 5-1 vote.
Ordinance 18-1494
BB. ID 18-1494 Consider adoption of an ordinance of the City of Denton, Texas providing
for the schedule of miscellaneous fees, deposits, billings and procedures for
administrative services to city utilities customers; providing for a repealer; providing
for a severability clause; and, providing for an effective date. The Public Utilities
Board recommends approval (6-0).
Mayor Pro Tem Ryan motioned, Council Member Duff seconded to adopt the ordinance. On roll
call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Mayor Pro Tem Ryan
"aye", and Mayor Watts "aye". Council Member Briggs "nay", and Council Member Armintor
"nay". Motion carried with a 4-2 vote.
Resolution 18-1515
CC. ID 18-1515 Consider approval of a resolution confirming the appointment of Frank
Dixon, by the City Manager, as Police Chief for the City of Denton Police
Department; and declaring an effective date.
Council Member Briggs motioned, Council Member Armintor seconded to approve the resolution.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Mayor
Watts "aye". Motion carried unanimously.
6.ITEMS FOR INDIVIDUAL CONSIDERATION
City of Denton City Council Minutes
September 18, 2018
Page 14
Ordinance 18-1459
A. ID 18-1459 Consider approval of a resolution of the City Council of the City of
Denton, Texas, approving a negotiated settlement between the Atmos Cities Steering
Committee ("ACSC") and Atmos Energy Corp., Mid-Tex division regarding the
company’s 2018 rate review mechanism filings; declaring existing rates to be
unreasonable; adopting tariffs that reflect rate adjustments consistent with the
negotiated settlement; finding the rates to be set by the attached settlement tariffs to
be just and reasonable and in the public interest; approving an attached exhibit
establishing a benchmark for pensions and retiree medical benefits; approving an
attached exhibit regarding amortization of regulatory liability; requiring the company
to reimburse ACSC’s reasonable ratemaking expenses; determining that this
resolution was passed in accordance with the requirements of the Texas open
meetings act; adopting a savings clause; declaring an effective date; and requiring
delivery of this resolution to the company and the ACSC’s legal counsel.
Mario Canizares, Assistant City Manager, presented the details on the proposed resolution. He
noted the background with the City’s involvement in the Atmos Cities Steering Committee.
Options for consideration included approving the recommendation, denying the resolution or
taking no action. Staff was recommending Option 1 – approval of the recommendation.
Council discussed the consequences if the resolution and the settlement were denied.
Mayor Pro Tem Ryan motioned, Council Member Duff seconded to approve the resolution. On
roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Mayor Pro Tem
Ryan "aye", Council Member Armintor "aye", and Mayor Watts "aye". Council Member Briggs
"nay". Motion carried with a 5-1 vote.
Ordinance 18-1470
B. ID 18-1470 Consider adoption of an ordinance of the City of Denton authorizing a
memorandum of understanding between the city of Denton, Texas, the Denton Parks
Foundation, and Douglas Elliott relating to improvements to the I.O.O.F. and
Oakwood Cemetery; accepting a $100,000 donation for improvements to the I.O.O.F.
Cemetery; approving a Denton Cemetery Improvement Plan and authorizing
expenditures in furtherance of the plan; providing for an effective date.
Gary Packan, Director of Parks and Recreation, presented the details on Cemetery Improvement
Plan implementation for 2019-2020. The donation was for $100,000. He noted the improvements
done to the cemetery thus far.
Council discussed continuing the wrought iron fence around the cemeteries.
Council Member Briggs motioned, Mayor Pro Tem Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Mayor Watts
"aye". Motion carried unanimously.
7. PUBLIC HEARINGS
City of Denton City Council Minutes
September 18, 2018
Page 15
B. S17-0007a Hold a public hearing and consider adoption of an ordinance for a Specific
Use Permit to allow for a multi-family use. The 12.37-acre site is generally located
on the east side of Brinker Road, approximately 990 feet south of South Loop 288 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. (S17-0007, Enclave at Denton, Hayley Zagurski).
Mayor Watts noted that there were specific reasons to deny a specific use permit and cautioned
Council to be careful of their discussion. If Council needed guidance on deliberation and what
fell within legal confines, they might want to ask for a Closed Session.
Haley Zagurski, Development Services, presented the request for a specific use permit and the
location of the property. She provided the definition of a specific use permit, noted the zoning of
the property, compatibility analysis with the surrounding property, proposed site plan, landscape
plan, elevations, zoning analysis, public notification, and recommendations.
The Mayor opened public hearing.
Council Member Armintor questioned the applicant regarding the affordable housing aspect of the
development.
Kenneth Fambro, applicant, stated that the development would be four stories with at least one
elevator in each building. He noted that the development had a component of affordability with
49% of the development at market rate rents and 51% of the units would be set aside for incomes
at 80% or below of the area median income.
Council discussion included:
Whether the development would be near DCTA bus routes
What the commercial uses would be associated with the development
Commercial uses in conjunction with another entity in terms of the housing tax credit program
Taxing implications on the commercial portion of the property
Whether the commercial portion of the development would be open to the public
The development would be under public facility corporation regulations
The number of units that would be available under the affordable housing regulations and the
number at market rate
The percentage range of the units based on average median income
Whether the site was compatible with surrounding property
Whether a TIA was required for the property
Whether parking requirements for commercial would be separate from residential parking
requirements
The Mayor closed the public hearing.
Council Member Armintor motioned, Council Member Duff seconded to adopt the ordinance with
the conditions noted by the Planning and Zoning Commission.
City of Denton City Council Minutes
September 18, 2018
Page 16
Mayor Watts noted that there had been a representation that 13 units or 10% of the reserved units
would be reserved for 60% of median income. He questioned if that was prohibited from being in
a motion because the item was a consideration of a specific use permit. If it was prohibited then
were was no legal obligation for that condition.
City Attorney Legal stated correct that it would be outside the planning item before Council.
On roll call vote of the motion to approve with the conditions from the Planning and Zoning
Commission, Council Member Hudspeth "aye", Council Member Duff "aye", and Council
Member Armintor "aye". Council Member Briggs "nay", Mayor Pro Tem Ryan "nay", and Mayor
Watts "nay". Motion failed with a 3-3 tie vote.
Ordinance Z18-0020b
C. Z18-0020b Hold a public hearing and consider adopting an ordinance of the City of
Denton, Texas, regarding assignment of an initial zoning classification of
Neighborhood Residential 3 (NR-3) zoning district and use classification on
approximately 47.466 acres of land generally located on the south side of E. Ryan
Road, east of the intersection of E. Ryan Road and Andrew Avenue, in the City of
Denton, Denton County, Texas; adopting an amendment to the city’s official zoning
map; providing for a penalty in the maximum amount of $2,000.00 for violations
thereof; providing a severability clause and an effective date. The Planning and Zoning
Commission voted 6-0 to approve the request (Z18-0020, Creekside, Cindy Jackson).
Richard Cannone, Development Services, presented the details of the proposed development. He
noted the pre-annexation development agreement, the final plat, Ryan Road analysis, roadway
improvements/construction; tree preservation; legal notifications, and recommendation from
Planning and Zoning Commission and staff.
The Mayor opened the public hearing.
John Dickerson, applicant, spoke in favor.
Council discussed:
Whether trees would be replaced that were damaged due to the cutting of a road in the area
Access points to the development
Potential date for start of the development
Monitoring of the plugged well
The Mayor closed the public hearing.
Mayor Pro Tem Ryan motioned, Council Member Duff seconded to adopt the ordinance. On roll
call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff
"aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Mayor Watts "aye".
Motion carried unanimously.
City of Denton City Council Minutes
September 18, 2018
Page 17
Ordinance Z18-0016a
D. Z18-0016a Hold a public hearing and consider adoption of an ordinance of an initial
zoning of Neighborhood Residential 1 (NR-1) District on approximately one acre.
The property is generally located on the north side of Shiloh Lane, approximately 910
feet east of Swisher Road, in the City of Denton, Denton County, Texas; adopting an
amendment to the City’s official zoning map; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof; providing a severability clause and an
effective date. The Planning and Zoning Commission voted 7-0 to approve the
request. (Z18-0016, Burling Kuhn Addition, Julie Wyatt).
Richard Cannone, Development Services, presented the details regarding the proposed initial
zoning. He noted the criteria for approval, analysis with Denton Plan 2030, zoning compatibility,
public facilities, public notification and recommendations.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing
Council Member Briggs motioned, Mayor Pro Tem Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Mayor Watts
"aye". Motion carried unanimously.
8. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual information or recitation of policy,
or accept a proposal to place the matter on the agenda for an upcoming
meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of community interest regarding which no action will be taken, to
include: expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body
or an official or employee of the municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda.
Council Member Hudspeth
Proclamation request for UNT football team’s recent win
Research whether the libraries could inventory or provide some type of in-kind donation for
university textbooks due to the high cost of the books
City of Denton City Council Minutes
September 18, 2018
Page 18
Council Member Armintor:
Have the gas well inspector check on plugged wells
B. Possible Continuation of Closed Meeting topics, above posted.
There was no continuation of the Closed Meeting.
With no further business the meeting was adjourned at 11:04 p.m.
__________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1613,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home rule municipal corporation,
authorizing the City Manager to expend funds for payment by the City of Denton to the Texas Commission on
Environmental Quality for the annual Consolidated Water Quality Fee for operation of the Pecan Creek Water
Reclamation Plant; and providing an effective date. (Consolidated Water Quality Fee in the total not-to-exceed
amount of $115,000.00). The Public Utility Board recommends approval (5-0).
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Utility Administration
CM/ DCM/ ACM: Mario Canizares
DATE: October 9, 2018
SUBJECT
Consider adopting an ordinance of the City of Denton, Texas, a Texas home rule municipal corporation,
authorizing the City Manager to expend funds for payment by the City of Denton to the Texas Commission
on Environmental Quality for the annual Consolidated Water Quality Fee for operation of the Pecan Creek
Water Reclamation Plant; and providing an effective date. (Consolidated Water Quality Fee in the total not-
to-exceed amount of $115,000.00). The Public Utilities Board recommends approval (5-0).
BACKGROUND
The Texas Commission on Environmental Quality (TCEQ) charges an annual Consolidated Water Quality
(CWQ) fee for operation of the Pecan Creek Water Reclamation Plant. The fee is based on the permitted
plant capacity of 21 million gallons per day average daily flow, and the pollutant loading in the plant effluent
included in the plant’s discharge permit The CWQ fee payment is mandatory to continue wastewater plant
operation, and if the TCEQ does not receive payment within 30 days penalties and interest are charged
along with the possible denial of the plant discharge permit.
CWQ fees are used to fund the State Water Resources Management Account, which supplements
expenses for the following programs:
Water quality administration, including, but not limited to, inspection of wastewater treatment
facilities and enforcement of the provisions of Texas Water Code Chapter 26, the rules and orders
of the Commission related to wastewater discharges and waste treatment facilities, and the
provisions of Commission permits governing wastewater discharges and wastewater treatment
facilities;
The Texas Clean Rivers Program, which monitors and assesses water quality conditions that
support water quality management decisions necessary to maintain and improve the quality of the
state's water resources; and
Any other water resource management programs reasonably related to the activities of the persons
required to pay a fee under Texas Water Code §26.0291.
Due to mailing times, the invoice from TCEQ is usually received in the middle of October and the
payment is due by November 1. This does not provide enough time to process an ordinance through the
Public Utility Board and City Council in order to pay the invoice within the payment deadline. Staff is is
therefore seeking approval of estimated payment in advance of receiving the invoice from the TCEQ.
RECOMMENDATION
Staff recommends approval of the estimated payment of TCEQ CWQ fee.
ESTIMATED SCHEDULE OF PROJECT
N/A
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Item PUB18-189 was presented as consent to the Public Utility Board on September 24, 2018
FISCAL INFORMATION
The fee will be paid from Operating Budget Account number 640100.7805.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.3 Promote superior utility services and City facilities
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance
Respectfully submitted:
P. S. Arora, P.E.
Director Wastewater Utility
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1648,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton, Texas, authorizing the donation of surplus library
books and materials to the Friends of the Denton Public Libraries; providing procedures for disposition of such
property; providing an effective date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 9, 2018
SUBJECT
A resolution of the City of Denton, Texas, authorizing the donation of surplus library books and materials
to the Friends of the Denton Public Libraries; providing procedures for disposition of such property;
providing an effective date.
INFORMATION /BACKGROUND
The Friends of the Denton Public Libraries is a nonprofit support and fundraising organization that
supports the Denton Public Library. The Friends of the Denton Public Libraries was formed as a Texas
nonprofit association in 1987 and has helped the library through fundraising efforts and community
outreach. Current Friends fundraising activities include:
Membership donations
Second Hand Prose Book Store-located at the North Branch Library. Open Saturdays 9 a.m.-3
p.m., Sundays 1 p.m.-4 p.m., and Mondays 9 a.m.-8:30 p.m.
Quarterly Book Sales-held at the North Branch Library in February, May, August, and November
Online book consignment
The Denton Public Library provides the Friends organization with donated materials not added to the library
collection and library materials withdrawn from the collection per the standards recommended in the Texas
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 25, 2018, City Council approved an agreement between the Friends of the Denton Public
Libraries and the City of Denton to clarify roles and responsibilities.
On June 3, 2008, City Council approved an ordinance (2008-113) amending section 2-106 of the Code of
Ordinances of the City of Denton regarding procedures for the sale of personal property of the city.
RECOMMENDATION
Staff recommends approval of this ordinance allowing for the donation of surplus library books and
materials to the Friends of the Denton Public Libraries.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 4: Resolution
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1303,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
authorizingtheCityManagertoexecuteanInterlocalCooperativePurchasingAgreementwiththeUniversity
ofNorthTexasSystemforthepurchaseofInternetServices;authorizingtheexpenditureoffundstherefor;and
declaringaneffectivedate(File6860-InterlocalCooperativePurchasingAgreementwithUniversityofNorth
Texas System in a not-to-exceed amount of $30,000).
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 9, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the
University of North Texas System for the purchase of Internet Services; authorizing the expenditure of
funds therefor; and declaring an effective date (File 6860- Interlocal Cooperative Purchasing Agreement
with University of North Texas System in a not-to-exceed amount of $30,000).
INFORMATION /BACKGROUND
The City of Denton and the University of North Texas System (UNT) entered a Memorandum of
Understanding on October 1, 2007, to define a relationship where UNT provides the City of Denton Internet
services access. For over 10 years, UNT has provided the City of Denton a fast and reliable internet
connection to support all City departments. Recently, Lonestar
Education and Research Network (LEARN) has enacted changes that prohibit the City of Denton to
continue to leverage UNT as an Internet Service provider. In a separate agreement, the City of Denton is
moving to leverage LEARN for internet service, while using UNT as a connection point into the LEARN
facilities.
We would like to formalize a relationship through an Interlocal Cooperative Purchasing Agreement,
identifying the purchase and use of the internet transport. This will establish an ongoing relationship with
UNT in providing the internet transport to the City of Denton.
Chapter 791 of the Texas Government Code, requires that all Cooperative Agreements must be authorized
by the governing body, regardless of the dollar amount. The only exception to this is municipally owned
electric utilities-these entities have a $100,000 threshold before authorization by the governing body is
required.
RECOMMENDATION
Award an Interlocal Cooperative Purchasing Agreement with the University of North Texas System for the
supply of Internet Services in not-to-exceed amount of $30,000.
PRINCIPAL PLACE OF BUSINESS
University of North Texas System
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This agreement will be effective upon approval by the City of Denton and will remain in effect until
terminated by either party.
FISCAL INFORMATION
These services will be funded from Technology Services operating account 830001.7944. The budgeted
amount for this item is $30,000.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 1.5 Utilize technology to enhance efficiency and productivity
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Melissa Kraft, 940-349-7823.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1424,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
authorizingtheCityManagertoexecuteacontractthroughtheDepartmentofInformationResources(DIR)
CooperativePurchasingNetworkContractNumberDIR-TSO-4158forthesupplyofsoftwaremaintenancefor
theCityofDentonHumanCapitalManagementsoftware;providingfortheexpenditureofthefundstherefor;
andprovidinganeffectivedate(File6876-awardedtoOracleAmerica,Inc.forone(1)year,withtheoption
for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $422,460 for all years).
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AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 9, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract through the Department of Information Resources (DIR)
Cooperative Purchasing Network Contract Number DIR-TSO-4158 for the supply of software maintenance
for the City of Denton Human Capital Management software; providing for the expenditure of the funds
therefor; and providing an effective date (File 6876 - awarded to Oracle America, Inc. for one (1) year, with
the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $422,460 for
all years).
INFORMATION /BACKGROUND
The current City Human Capital Management (HCM) solution has been created via the acquisition of
several software vendors and manual processes. The solution is comprised of six (6) unique vendor
solutions.
Recruiting (NeoGov)
Onboarding new employees (manual entry, Laserfiche and JD Edwards/Oracle)
Employee Information updates (manual entry)
Talent and Performance Management (manual entry and Cornerstone)
Employee Benefits Management (Workterra)
Timekeeping (Kronos)
Current vendor solutions are resulting in:
Inefficient use of resources (multiple vendors to manage, no scale of economy, increased human
resource cycles to complete basic transactions)
Poor user experience due to multiple sites and disconnected data. Requires users to have various
user logins and passwords. Human Resources department is manually inputting the same data into
various systems. Various systems are not integrated which creates data reporting and data gathering
information a challenge and labor intensive task for employees.
Non-existent systems integrations with some of the software applications such as Neogov/Wellness.
Opportunity for error and security risk of personal data due to repetitive manual data entry in various
software programs.
No long term ability to seamlessly integrate new solutions such as travel/expense and contract
management software.
This software package will provide a single solution that will replace three (3) vendor solutions (NeoGov,
Workterra, and Cornerstone) as well as digitize a number of paper/manual driven processes. This will
provide a real time integration into our Enterprise Resource Planning (ERP) system. Employees will have
a single vendor integration for recruitment, onboarding, benefits, wellness, performance management, and
learning. Additionally, this will consolidate most of our systematic human resource services into a single
end to end solution with our existing Enterprise Resource Planning (ERP) vendor. While this will result in
a3 year increase of $13,366 in licensing costs and will require additional funding for initial system set-up
at ~ $99,000, there is a 5 year total cost of ownership savings of $60,277.
A citywide committee of forty-three (43) members was formed in August 2018 and led by Human Resource
and Technology Services. The members included staff from all major city departments. This committee
received a presentation and also received a demonstration on this software solution. The recommendation
made by the committee was to proceed to consolidate towards a single vendor solution. Alternative vendor
solutions were considered but were not compatible with the current City ERP system. In some instances,
the vendor would require the City of Denton to move away from the current payroll system, which is not in
scope. Additionally, alternative vendors were not as cost effective due to required custom integrations for
Oracle ERP deployment.
Pricing obtained through the Department of Information Resources (DIR) Cooperative Purchasing Network
has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102.
RECOMMENDATION
Award a contract with Oracle America, Inc., for the supply of
System software, in a three (3) year not-to-exceed amount of $422,460.
PRINCIPAL PLACE OF BUSINESS
Oracle America, Inc.
Redwood Shores, CA
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1)
year periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
This project will be funded from Technology Services project account number 840086744. Requisition #
140002 has been entered into the Purchasing software system in the amount of $140,820. The budgeted
amount for this item is $156,606 annually.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.5 Utilize technology to enhance efficiency and productivity
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Quotes
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Melissa Kraft, 349-7823
ORDERING DOCUMENT
Oracle America, Inc.
500 Oracle Parkway
Redwood Shores, CA 94065
Name City of Denton Technology Services Contact Cherie Reed
Address 215 E McKinney St Phone Number +1 (940) 349-8200
Denton TX Email Address cherie.reed@cityofdenton.com
76201
New Subscription
Service Period: 12 months
Cloud Services Data Center Quantity Term Unit Net Net Fee
Region Price
B85800 - Oracle Human Capital NORTH AMERICA 160012 mo 3.12 59,904.00
Management Base Cloud Service -
Hosted Employee
B84256 - Oracle Talent Acquisition NORTH AMERICA 160012 mo 1.20 23,040.00
Cloud Service - Hosted Employee
B88342 - Oracle Work Life Cloud NORTH AMERICA 160012 mo 0.72 13,824.00
Service - Hosted Named User
B67291 - Oracle Fusion Goal NORTH AMERICA 160012 mo 0.48 9,216.00
Management Cloud Service -Hosted
Named User
B67293 - Oracle Fusion Performance
NORTH AMERICA 160012 mo 0.48 9,216.00
Management Cloud Service -Hosted
Named User
B67295 - Oracle Fusion Workforce
NORTH AMERICA 160012 mo 0.72 13,824.00
Compensation Cloud Service -
Hosted Named User
B85242 - Oracle Learning Cloud NORTH AMERICA 160012 mo 0.48 9,216.00
Service - Hosted Named User
B87181 - Oracle Integration Cloud NORTH AMERICA 112 mo 215.00 2,580.00
Service for Oracle SaaS -Hosted
Environment
Subtotal 140,820.00
Fee Description Net Fee
Cloud Services Fees 140,820.00
A. AGREEMENT
1. Agreement:
This order incorporates by reference the terms of the Contract for Products and Related Services between the State of Texas acting
tract
No. DIR-TSO-4158; Oracle Contract No. US-GMA-1889764) and all amendments and
defined terms in the Agreement shall have the same meaning in this order unless otherwise specified herein.
B. DESCRIPTION AND FEES FOR ORDERED SERVICES
All fees on this ordering document are in US Dollars.
1. Terms of Use:
All products and services listed on this Ordering Document are provided by Oracle under, and subject to, the terms of this Ordering
Document, including the Agreement and all Oracle documents referenced in this Ordering Document. You indicate Your agreement
to the terms of this Ordering Document, including the Agreement, by signing this Ordering Document, and You represent that You
have the authority to bind the Customer to whom this Ordering Document is addressed above to the terms of this Ordering
and conditions on Your purchase order are void and have no legal effect. For Cloud Services, You may not reduce the quantity of
services purchased hereunder (e.g., user or record counts, storage, etc.), in whole or in part, during the Services Period set forth
above. The Services Period for the Cloud Services commences on the date stated in the Ordering Document, or, if none is
provided in the Ordering Document, the day that Oracle sends to Your administrator the e-mail welcoming You to the Oracle Cloud
that instructs You on how to create Your Cloud login and configure the Cloud Services (the "Cloud Services Start Date"). You must
maintain a current subscription to applicable Oracle Cloud Services for the duration of any Technical Cloud Services ordered under
this Ordering Document.
2. Fees:
The Cloud Services Payment Frequency applies to all Cloud Services fees and taxes (if applicable), and the Technical Cloud
Services Payment Frequency applies to all fees and taxes (if applicable) for Technical Cloud Services. All fees payable to Oracle are
due in accordance with Appendix A, Section 8.J of DIR Contract No. DIR-TSO-4158. Once placed, Your order is non-cancelable and
the sums paid nonrefundable, except as otherwise provided herein or in the Agreement. If applicable to You, You will pay any sales,
value added or other similar taxes imposed by applicable law that Oracle must pay based on the Services You ordered, except for
-approved expenses related to providing any
Technical Cloud Services in accordance with Appendix A, Section 8.F of the Agreement. Unless, specifically stated otherwise, fees
for Services listed in an order are exclusive of taxes (if applicable) and expenses.
Cloud Services Payment Frequency: Your payment frequency is quarterly in arrears.
Technical Cloud Services Payment Frequency:
Unless otherwise specified in services descriptions applicable to the Technical Cloud Services You have ordered, or in an exhibit
specifying the Technical Cloud Services You have ordered, the fees for Technical Cloud Services and any applicable taxes shall be
invoiced monthly in arrears. You are responsible for payment of pre-approved expenses, if any, in accordance with Appendix A,
Section 8.F of DIR Contract No. DIR-TSO-4158. Expenses will be invoiced monthly as they are incurred and are due in accordance
with Appendix A, Section 8.J of DIR Contract No. DIR-TSO-4158.
3. Renewal of Cloud Services:
Notwithstanding any statement to the contrary in the Services Specifications, the parties expressly agree that the Cloud Services
acquired under this Ordering Document will not Auto-Renew. At the end of the Services Period, the Cloud Services acquired under
this Ordering Document may be renewed for an additional Services Period, subject to Your placement of a renewal order and
payment of fees for such Cloud Services. For the first two years of the first renewal Services Period of Cloud Services, the annual
fee for each Cloud Service ordered will not increase by more than 4% of the Unit Net Price for such service in the immediately
preceding year. The Cloud Services may not be renewed as described in the preceding sentence if: (i) Oracle is no longer making
such Cloud Services generally available to commercial customers, or (ii) You are seeking to cancel or reduce the number of user
licenses of the Cloud Services set forth in this Ordering Document.
4. Price Hold for Cloud Services:
During the Services Period, You may order additional quantities of the Cloud Services acquired under this Ordering Document at the
Unit Net Price specified above. This price hold does not apply to Eloqua Marketing Platform Cloud Service, to any renewals or
extensions of the Cloud Services ordered under this Ordering Document, to Cloud Services ordered pursuant to a separate Oracle
discount or promotion, or to any Cloud Services other than those listed in the initial purchase under this Ordering Document.
5. Data Center Region
Oracle agrees that during the Service Period specified in this ordering document, the Cloud Services environment holding
Customer data will reside in data centers located in the continental United States. Oracle may access Customer Data on a global
basis to the extent necessary to perform the Cloud Services, including maintenance and Cloud Services technical support.
6. Offer Validity: This order is valid through October 31, 2018 and shall become binding upon execution by You and acceptance by
Oracle.
C. SERVICE SPECIFICATIONS
1. Service Specifications:
The Service Specifications that govern the Services ordered consist of the documents listed below, which are incorporated into this
Ordering Document. The Service Specifi
Specifications will not result in a material reduction in the level of performance, security, functionality or availability of the applicable
Services provided to You for the duration of the Services Period. The terms of the Service Specifications, including any subject matter
addressed in the Service Specifications, will replace any inconsistent term, similar subject matter or scope of service delivery in the
Agreement; however, unless expressly stated otherwise in this Ordering Document, the terms of the Data Processing Agreement shall
take precedence over any inconsistent terms in this Ordering Document, Agreement or Service Specifications but in no event shall any
documents take precedence over DIR Contract No. DIR-TSO-4158. For the purposes of this Ordering Document, references to the term
Service Descriptions and Metrics
Oracle service descriptions and metrics govern Cloud Services and Technical Cloud Services. You may access the version of
these descriptions and metrics that apply to the Cloud Services and Technical Cloud Services that You have ordered at
www.oracle.com/contracts.
Cloud Hosting and Delivery Services Policies
Cloud Hosting and Delivery Services Policies describe and govern Cloud Services. You may access the version of these
policies that apply to the Cloud Services that You have ordered at www.oracle.com/contracts.
Program Documentation
Program Documentation refers to the program user manuals for the Oracle Programs for Cloud Services, as well as any help
windows and read me files for such Oracle Programs that are accessible from within the service. The Program Documentation
describes technical and functional aspects of the Oracle Programs. You may access the documentation online at
www.oracle.com/contracts.
A. OTHER
1. Terms:
The following terms, as used in this Ordering Document or the Agreement and whether or not capitalized, shall have the same
2. Data Processing Agreement:
Data Processing Agreement for Oracle Cloud Services ,which is available at
http://www.oracle.com/dataprocessingagreement, is incorporated as Appendix N of DIR Contract No. DIR-TSO-4158 and
describes the partie
Processing Agreement) that Customer provides to Oracle as part of the Cloud Services under this order. Oracle will act as a data
processor and will comply with all applicable data protection laws to the extent such laws by their terms impose obligations directly
on Oracle as a data processor in connection with the services specified in this ordering document. Oracle will act on Custome
instruction con
compliance in connectio
with all applicable laws in connection with the performance of obligations or exercise of rights under this
ordering document and the Agreement. Customer agrees to provide any notices and obtain any consents
those related to the collection, use, processing, transfer and disclosure of Personal Data.
3. Assignment of this Ordering Document
Notwithstanding anything to the contrary in the agreement or this Ordering Document, You may not assign
this Ordering Document or give or transfer the Services, or an interest in them, to another individual or
entity. If You desire that Services be acquired by another entity, such other entity may order services under
a separate contract. You may not grant a security interest in any of the Services. Notwithstanding the
foregoing, upon advance written notice to Oracle, You may assign Your rights to the Services under this
Ordering Document to another governmental agency as designated by the Texas Legislature (i) that is a
successor in interest to You that performs Your statutory obligations, or (ii) as necessary to satisfy a
regulatory requirement imposed upon You by a governing body with the appropriate authority; provided that
(w) such assignee entity agrees in writing to the terms and conditions of the agreement and the Ordering
Document, (x) You provide Oracle will all consents necessary for the assignee to access Your Content, Your
Services), or expand, modify or otherwise alter any use or component of the Services or Services
Environments provided under this Ordering Document, and (z) following the assignment, You shall
immediately discontinue use of the Services acquired under this Ordering Document.
4. Option Years
For clarification purposes, you shall have an option to renew your subscription for the same services
listed in the table above at the same usage limits for two (2) additional 12-month renewal periods, each
for the fees specified in the table above. Professional Services are not included in the
Option Years.
You must provide Oracle a minimum of 30 days notice prior to the expiration of a service term of your
intent to exercise an option below and execute an order for the new option period prior to the expiration
date of the existing service period. The Cloud Services listed above may not be renewed at the option year
pricing listed above if: (i) Oracle is no longer making such Cloud Services generally available to customers,
or (ii) You are seeking to cancel or reduce the number of user licenses of the Cloud Services set forth in
this Ordering Document.
Tony Trevino
Manager, Deal Manager
21-Sep-2018 | 8:07 AM PDT
SPACE
SPACE
BILL TO / SHIP TO INFORMATION
SPACE
SPACE
Bill ToShip To
Customer NameCustomer Name
Customer AddressCustomer Address
Contact NameContact Name
Contact PhoneContact Phone
Contact EmailContact Email
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1678,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
acceptingcompetitiveproposalsandawardingapublicworkscontractfortheconstructionoftheAirportSewer
LinewithDickersonConstructionCompany,Inc.,fortheCityofDenton;providingfortheexpenditureof
fundstherefor;andprovidinganeffectivedate(RFP6681-awardedtoDickersonConstructionCompany,Inc.,
in the not-to-exceed amount of $91,534).
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 9, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
accepting competitive proposals and awarding a public works contract for the construction of the Airport
Sewer Line with Dickerson Construction Company, Inc., for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (RFP 6681- awarded to Dickerson
Construction Company, Inc., in the not-to-exceed amount of $91,534).
RFP INFORMATION /BACKGROUND
The Airport has several remaining development sites that cannot be developed due to sewer service not
being available. This project will extend an existing sewer main line to this development area, permitting
existing developers to move their hangar development forward. The Airport engineering firm, KSA
Engineering, completed the design for the extension
line along Schweizer Road on the south end of the Air
Requests for Proposals were sent to 405 prospective suppliers of this item. In addition, specifications were
placed on the Materials Management website for prospective suppliers to download and advertised in the
local newspaper. Four (4) proposals were received and evaluated based upon published criteria including
schedule to complete task, compliance with specifications, past performance, and price. Based upon this
evaluation, Dickerson Construction Company, Inc., was ranked the highest and determined to be the best
value for the City. Dickerson Construction Company, Inc., has performed several water and sewer projects
for the City of Denton and has been in business since inception in 1968.
RECOMMENDATION
Award a contract with Dickerson Construction Company, Inc., for the construction of approximately 950 linear
, in a not-to-exceed amount of $91,534.
PRINCIPAL PLACE OF BUSINESS
Dickerson Construction Company, Inc.
Celina, Texas
ESTIMATED SCHEDULE OF PROJECT
This project will be completed within 44 calendar days after issuance of the notice to proceed.
FISCAL INFORMATION
These services will be funded from Airport Capital Project Account #200038567 Utility Extensions and
Looping. The budgeted amount for this item is $91,534.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluation
Exhibit 3: Map
Exhibit 4: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Scott Gray, Airport Manager, 940-349-7744.
PROJECT TITLE: ---- - CITY XX, TEXAS
DRAWING PATH\\NAME | LAYOUT | PLOT DATE - TIMESHEET NAME:PROJECT NAME:
DENT036
PLAN | 2/23/2018 - 3:14 PM
www.ksaeng.com
KSA JOB NO.:
CAD\\30 SHEETS\\01 SHEET SETS\\ DENT036-C-LO.DWG | SITE
T. 972-542-2995 F. 888-224-9418
\\\\KSA-MCK-SERVER1\\PROJECTS\\PROJECTS\\DENT036\\008
McKinney, Texas 75070
2/19/2018
DENTON, TX
8875 Synergy Dr.,
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LATEST REVISION:
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SANITARY SEWER EXENTSION
DW
DENTON ENTERPRISE AIRPORT
DESIGNED BY:
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DRAWN BY:
X
X
0+001+002+003+00
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1696,Version:1
AGENDA CAPTION
Consider approval of a resolution concerning the transportation of spent nuclear fuel and high level radioactive
waste through the City of Denton; and declaring an effective date.
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Agenda Information Sheet
DEPARTMENT: Utility Administration
CM/ ACM: Mario Canizares, 349-8232
Date: October 9, 2018
SUBJECT
Consider approving a resolution concerning the transportation of spent nuclear fuel and high
level radioactive waste through the City of Denton; and declaring an effective date.
BACKGROUND
The United States Nuclear Regulatory Commission (U.S.NRC) is currently reviewing two
applications for Consolidated Interim Storage Facilities (CISFs) for high level radioactive wastes.
These applications are for sites that are proposed to be located in Andrews County, Texas
(applicant Interim Storage Partners, LLC) and Lea County New Mexico (applicant Holtec
International). Interim Storage Partners, LCC is a partnership between Dallas-based Waste
Control Specialists and Orano USA, a subsidiary of the French multinational group Orano, which
specializes in nuclear power and renewable energy. Waste Control Specialists currently has a
14,900-acre facility in Andrews County that is already permitted to store low-level radioactive
waste.
These facilities as proposed will be reviewed by the U.S.NRC as applications for a specific license
under 10 CFR Part 72. If the licenses are granted and the facilities are constructed, it is expected
that material from Independent Spent Fuel Storage Installations (ISFSIs) will be transported to the
CISFs. There are a large number of ISFSIs across the nation, many of which are located at existing
nuclear power plants. The CISFs will be used as a storage facility until a permanent storage
facility is available. Generally, licenses for ISFSIs and CISFs are valid for decades, often up to
40 years.
The most likely candidate for permanent storage is currently the Yucca Mountain Nuclear Waste
Repository in Nevada, which was designated by the Nuclear Waste Policy Act amendments of
1987. This facility is a deep geological repository storage facility within Yucca Mountain and is
located on federal land adjacent to the Nevada Test Site in Nye County, Nevada, about 80 miles
northwest of the Las Vegas Valley. However, this storage facility has had a number of difficulties.
The project was approved in 2002 by the 107th United States Congress, but federal funding for
the site ended in 2011 via an amendment to the Department of Defense and Full-Year Continuing
Appropriations Act, passed on April 14, 2011. The project has substantial public opposition at the
local, regional, and state levels. With the Yucca Mountain project currently unfunded and not
operational, the United States does not have a long-term storage site for high-level radioactive
waste. Until a long-term storage facility is completed, most nuclear power plants in the United
States have resorted to storing this material indefinitely on-site. The CISF, if approved, would
enable the transfer of material from these facilities to the CISF.
The concerns raised in the September 27, 2018 Dallas Morning News article entitled “Fort Worth
is on proposed route if U.S. nuclear waste is sent to West Texas” center on the transportation of
the spent reactor fuel. This material is typically transported in casks via rail or truck. Since there
are many ISFSIs and similar sources on the east coast, it is probable that spent reactor fuel and
other high level radioactive waste could pass through this area (specifically Denton) due to the rail
lines and major highways in the area that lead to West Texas and New Mexico. Through the life
of the project, this could represent thousands of shipments over the course of decades.
The transport and storage of high level radioactive material is a complicated issue. Proponents of
transporting materials to CISFs point to the safeguards in place for transporting the waste,
including the design and construction of the casks used to transport the material (casks must be
able to survive four tests involving impact, punctures, fire, and submersion in water) and the safety
record of transportation. Using extensive real world scenarios and modeling, U.S.NRC
researchers calculated that the chance that an accident would be serious enough to lead to a release
is 1 in 1 billion. If an accident did release radioactive material, the dose to the most affected
individual would not cause immediate harm (U.S.NRC, Safety of Safety of Spent Fuel
Transportation https://www.nrc.gov/docs/ML1703/ML17038A460.pdf). Many Proponents also
view consolidated storage options as safer alternatives to distributed on-site storage.
Opponents view transportation multiple times (from current site to CISF, then to final storage site)
as increasing the risks associated with the transportation phase, and tend to favor more hardened
storage options near the site of generation until a permanent storage solution is in place. While
generally acknowledging that the likelihood of transportation related releases are very small,
opponents also express concerns regarding the cost of cleanup and the impacts to people and the
environment if a release were to occur. Some opponents also have fears of terrorist attacks.
In Texas, Bexar, Dallas, and Nueces Counties and the City of San Antonio have passed resolutions
opposing the transportation of spent nuclear fuel and high-level radioactive waste on the railways
or highways through the City. The County of Midland also passed a resolution on this issue, but
acknowledged that the County has no authority regarding the transport of these materials
(regulating shipments of radioactive material is the joint responsibility of the NRC and the
Department of Transportation). Midland County chose to focus their resolution on urging the
federal government to help facilitate a constructive dialog and clarifying any misinformation.
The proposed resolution acknowledges that the City of Denton does not have any authority
regarding spent nuclear fuel and nuclear waste transportation policy and procedures or the use of
rail systems, interstates, and state highways for transporting this material. However, the resolution
serves to recognize citizen concerns that have been expressed and urges the federal government to
undertake a series of actions which include informing the public concerning transportation routes,
ensuring first responders are adequately trained and equipped, providing appropriate inspections,
and providing information about why the transport of this material to CISFs is the preferred storage
option.
OPTIONS
N/A
RECOMMENDATION
Staff recommends approval of the resolution
ESTIMATED SCHEDULE OF PROJECT
N/A
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve
its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA):
Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and
Family-Friendly Community; and Sustainability and Environmental Stewardship. While
individual items may support multiple KFAs, this specific City Council agenda item contributes
most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.1 Enhance public safety in the community
EXHIBITS
Exhibit 1. AIS
Exhibit 2. Resolution
Respectfully prepared and submitted:
Kenneth Banks
General Manager of Utilities
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1544,Version:1
AGENDA CAPTION
Considernominations/appointmentstotheCity’sBoardsandCommissions:Health&BuildingStandards
Commission; Library Board; and Zoning Board of Adjustment.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
DCM: Bryan Langley
DATE: October 9, 2018
SUBJECT
Consider nominations/appointments to the City’s Boards and Commissions: Health & Building Standards
Commission; Library Board; and Zoning Board of Adjustment.
BACKGROUND
Nominations/appointments for the City’s Boards and Commissions were considered at the September 11
Council meeting. Exhibit 2 includes the remaining vacancies for Boards and Commissions plus
nominations Council has submitted for consideration. Any additional nominations made at this meeting
can be voted on should the Council desire. Approval would be contingent on completion of the confirmation
process.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Nominations Sheet
Respectfully submitted:
Jennifer Walters
City Secretary
BOARDANDCOMMISSIONNOMINATIONS
BoardCouncilMemberNomination
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1686,Version:1
AGENDA CAPTION
ConsideramendingaresolutionthatauthorizedthecreationoftheSmallAreaPlanSteering
Committee by reducing the required membership; and providing an effective date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: October 9, 2018
SUBJECT
Consider amending a resolution that authorized the creation of the Small Area Plan Steering Committee by
reducing the required membership; and providing an effective date.
BACKGROUND
On October 10, 2017, the City Council determined that it would be advisable to create a Steering Committee
composed of appointed individuals. As part of developing the Small Area Plan, the establishment of a
Steering Committee was necessary. The Committee’s work includes building consensus and guiding the
planning process. On November 7, 2017 the City Council approved a resolution authorizing the creation
of the Small Area Plan Steering Committee and approved appointments to the Steering Committee. The
Steering Committee, comprised of twenty-four (24) members. Twenty-one (21) members nominated by City
Council (each Council member nominating three citizens) and three (3) members selected by staff.
Since the Committee was created, several Committee meetings and a Community Workshop were held. In
the months that followed the Community Workshop Committee member attendance has dropped. Attached
as Exhibit 3 – Steering Committee Attendance Chart for your review. After the summer, there was a
renewed focus to get the Oak Gateway Area Plan completed, but new members were needed to replace
those who were no longer able to serve on the Committee. On June 12, 2018 the City Council received an
update on the Area Plan and at that meeting Council directed staff to contact Steering Committee members
that have not attended regularly and if those members are not able to continue to serve, bring forward an
item to City Council to nominate and approve replacements for those members.
August 14, 2018 - staff provided City Council the names of eight Committee members that were no longer
able to serve. At that meeting Council agreed to replace the eight members and provide staff with
nominations to fill the current vacancies. The new members to the Committee has helped by providing new
perspectives and representation from Sub-areas 2 and 3. However, even with the members the Committee
is still having problems meeting quorum, having 13 of 24 members in attendance.
In the next coming weeks, the Committee will be working on finalizing vision statements, goals, and
preparing recommendations for each sub-area. In addition, the Committee will host a Public Open House
to share and receive feedback on the Committee’s findings and recommendations in November. Following
further refinement of the findings and recommendations, the Committee vote and forward a
recommendation to the Planning and Zoning Commission and ultimately to City Council for consideration.
In order to complete the Committee’s work and forward a recommendation, the Committee must meet
quorum for the remaining meetings. After discussing this with the Chair and Vice Chair staff is
recommending that the Committee membership be reduced to seventeen (17) members. Staff is
recommending that the following members remain on the Steering Committee.
1.Patrice Lyke – Resident/Neighborhood Group Leader (Chair)
2.Kim McKibben – Business Owner (Vice Chair)
3.Peggy Capps – Resident
4.Keri Caruthers – Other (newly appointed)
5.Jason Cole – Other
6.Brent Erskin – Business Owner
7.Pati Haworth – Other
8.Randy Hunt - Resident/Neighborhood Group Leader
9.Sharukh Mithani – Resident (newly appointed)
10.Vanessa Ream – Resident (newly appointed)
11.Dave Reynolds – UNT
12.Teresa Rogers – UNT (newly appointed)
13.Gudrun Raschen – Other (newly appointed)
14.Gabrielle Tilley – UNT Student Representative (newly appointed)
15.Sonia Vazquez – Bicyclist
16.Christopher Walker – Bicyclist
17.Christopher Wilkins – Resident (newly appointed)
In addition, staff recommends that three (3) of the seventeen (17) combined City Council and staff
appointees members shall include representatives from UNT. The three (3) UNT representatives shall
include:
One UNT Administrative staff member;
One UNT Planning staff; and
One UNT student representative.
Any of the UNT representatives may be replaced by the City Council or staff member who originally
appointed him or her, without returning to the City Council for an amended Resolution.
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
January 26, 2016 - Council directed staff to update the Fry Street Small Area Plan.
May 2, 2017- City Council recommended approval for staff to solicit and recommend a professional
services agreement to the City Council for consultant services to develop a small area plan.
August 1, 2017 – City Council approved an ordinance authorizing a Professional Services Agreement
for professional planning services with Fregonese Associates related to the development of the Small
Area Plan and implementation strategy.
October 10, 2017 - the City Council gave direction to establish a Steering Committee.
November 7, 2017 - the City Council approved a resolution authorizing the creation of the Small Area
Plan Steering Committee and approved appointments to the Small Area Plan Steering Committee.
June 12, 2018 – City Council received a report and held a discussion regarding the status of the Oak
Gateway Area Plan.
August 14, 2018 – City Council received a report, held a discussion, and gave direction on the
composition of the Oak Gateway Area Plan Steering Committee.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.3 Promote a business-friendly environment
EXHIBITS
1.Agenda Information Sheet
2.Oak Gateway Area Plan Boundary and Sub-areas Map
3.Steering Committee Attendance Chart
4.Draft Resolution Amendment
5.Staff Presentation
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Ron Menguita, AICP
Principal Planner
Sub-Areas
1
2
3
INSTRUCTIONS
Visit each of the Learn more about the Tell us what you think!
Sub-Area stations to existing conditions Give your feedback by
provide your feedback.in each area, along writing, drawing, or
with potential future placing stickers on the
development and map at each station.
housing types.
C:\\Users\\2450099\\Desktop\\Small Area Committee Resolution Amendment.doc
RESOLUTION NO. ________________
A RESOLUTION REDUCING THE REQUIRED MEMBERSHIP OF THE SMALL AREA
PLAN STEERING COMMITTEE ORIGINALLY CREATED BY RESOLUTION R2017-048,
TO GUIDE THE DEVELOPMENT OF THE SMALL AREA PLAN AND
IMPLEMENTATION STRATEGY FOR THE AREA GENERALLY BOUNDED BY ON THE
NORTH BY PANHANDLE STREET, ON THE EAST BY FORT WORTH DRIVE/CARROLL
BOULEVARD, AND ON THE WEST AND SOUTH BY BONNIE BRAE STREET AND
INTERSTATE 35 EAST; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, at its October 10, 2017 Work Session, the City Council determined that it
would be advisable to create a Steering Committee composed of appointed individuals to build
consensus and guide the planning process of the Small Area Plan and Implementation Strategy;
and
WHEREAS, Denton is experiencing a lot of development activity, especially surrounding
the University of North Texas campus; and
WHEREAS, as development occurs and land uses change, key challenges affecting the
subject area include, but are not limited to: traffic, parking, and building compatibility, in terms
of scale, use, character and intensity; and
WHEREAS, Small Area Planning allows long term planning for specific areas in the city
and allows for community members and stakeholders to provide input, create a shared vision,
and influence future development policies for a specific area; and
WHEREAS, upon further evaluation, the City Council now deems it advisable to reduce
the number of appointed Steering Committee members, and to establish appointed UNT
representatives; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The recitals and findings contained in the preamble of this Resolution are
found to be true, and are incorporated by reference into the body of this Resolution.
SECTION 2. The City Council hereby reduces the required membership of the Small Area
Plan Steering Committee originally created by Resolution R2017-048 to no more than seventeen
(17) appointed members. Fifteen (15) of those appointees shall be members of the community
nominated and appointed by the Council , and two (2) of those appointees
shall be selected by staff . Three (3) of the seventeen (17) combined Council
and staff appointees shall include representatives . The three
(3) UNT representatives shall include:
One UNT Administrative staff member;
One UNT Planning staff member; and
One UNT student representative.
Any of the UNT representatives may be replaced by the Council or staff member who originally
appointed him or her, without returning to the Council for an amended resolution.
SECTION 3. The Small Area Plan Steering Committee shall represent the following
stakeholders from the study area or immediate surrounding area:
Residents
Property Owners
Neighborhood Association/Group Liaisons
Business Owners
UNT administrative staff members
UNT students
Local Builders
Bicyclists
Other Stakeholders
SECTION 4. The Small Area Plan Steering Committee shall perform its functions in
accordance with the intent of this Resolution. The Small Area Plan Steering Committee members
shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and
approved by the Denton City Council.
SECTION 5. The Small Area Plan Steering Committee is appointed to build consensus
and guide the planning process of the Small Area Plan and Implementation Strategy. All
recommendations shall be made by a majority vote of the entire Small Area Plan Steering
Committee.
SECTION 6. The Small Area Plan Steering Committee may create subcommittees. All
subcommittees shall consist of at least seven (7) members of the Steering Committee, who shall
make recommendations to the entire Small Area Plan Steering Committee, pursuant to assigned
topics. Recommendations must be approved by a majority of subcommittee members.
SECTION 7. Any matters not addressed by this Resolution shall be governed by the
City of Denton Handbook for Boards, Commissions and Council Committees.
SECTION 8. The City Manager, or his designee, will provide guidance and assistance to
the Small Area Plan Steering Committee and be responsible for insuring that records are maintained
The City Attorney shall
provide legal counsel to the Small Area Plan Steering Committee and subcommittees.
SECTION 9. Upon completion of the aforementioned duties, or on January 1, 2019, the
Small Area Plan Steering Committee shall be dissolved without further action of the City Council.
Page 2
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1689,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton (“City”) authorizing the City Manager, or his
designee, to execute a Contract of Sale by and between Donald V. Radke and Candice R. Harris (collectively
“Owner”), and the City, regarding the sale and purchase of fee simple to an approximate 0.276 acre tract, more
or less, situated in Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas for the purchase price of
One Hundred Sixty Thousand Dollars and No Cents ($160,000.00), as prescribed in the Contract of Sale;
authorizing the expenditure of funds therefor; authorizing relocation expenditures; providing for severability
and an effective date. (Bonnie Brae Street project - Phase 4 - Parcel 27 - 400 N. Bonnie Brae)
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: October 9, 2018
SUBJECT
designee, to execute a Contract of Sale by and between Donald V. Radke and Candice R. Harris
0.276 acre tract, more or less, situated in Eugene Puchalski Survey, Abstract No. 996, Denton County,
Texas for the purchase price of One Hundred Sixty Thousand Dollars and No Cents ($160,000.00), as
prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; authorizing relocation
expenditures; providing for severability and an effective date. (Bonnie Brae Street project Phase 4
Parcel 27 400 N. Bonnie Brae)
BACKGROUND
The "Bonnie Brae Secondary arterial from IH35E to North of Scripture" project was approved by the
voters as part of the Mobility Improvement projects initiative on the ballot for the November 5, 2014
bond election. The final road alignment has been established and a substantial portion of the subject
property tract will be required for the construction of the roadway improvements.
Donald V. Radke and Candice R. Harris have agreed to sell the subject 0.28 acre tract for the stipulated
purchase price above.
OPTIONS
1. Approve proposed ordinance
2. Decline to approve proposed ordinance
3. Table for future consideration
RECOMMENDATION
Staff recommends approval of the ordinance.
ESTIMATED SCHEDULE OF PROJECT
Road design documents targeted for completion and bid advertisement in January 2019. Anticipated
construction start early summer 2019.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council closed session briefing: September 18, 2018.
FISCAL INFORMATION
A total of $13,250,000 in funding was approved for the Project, which includes $2,000,000 in bonds in
FY 2014/15, 7,500,000.00 FY 2017/18, and $3,750,000.00 reallocation of funds in coordination with the
City Finance Department. The purchase of the tract at hand, if approved, will be funded out of the
Streets Capital Project Fund account established for the Project: 250023467.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and
goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.1 Optimize resources to improve quality of City Roadways
EXHIBITS
1 -Agenda Information Sheet
2 -Location map
3 -Site map
4-Ordinance
Respectfully submitted:
Paul Williamson
Real Estate Manager
Prepared by:
Amy B. Parish
Sr. Real Estate Analyst
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1690,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton (“City”) authorizing the City Manager, or his
designee, to execute a Contract of Sale by and between Donald V. Radke and Candice R. Harris (collectively
the “Owner”), and the City, regarding the sale and purchase of fee simple to an approximate 0.302 acre tract,
more or less, situated in Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas for the purchase
price of One Hundred Fifty Thousand Dollars and No Cents ($150,000.00), as prescribed in the Contract of
Sale; authorizing the expenditure of funds therefor; authorizing relocation expenditures; providing for
severability and an effective date. (Bonnie Brae Street project - Phase 4 - Parcel 28 - 404 N. Bonnie Brae)
City of DentonPage 1 of 1Printed on 10/5/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: October 9, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton City Manager, or his
designee, to execute a Contract of Sale by and between Donald V. Radke and Candice R. Harris
(collectively the O, and the City, regarding the sale and purchase of fee simple to an approximate
0.302 acre tract, more or less, situated in Eugene Puchalski Survey, Abstract No. 996, Denton County,
Texas for the purchase price of One Hundred Fifty Thousand Dollars and No Cents ($150,000.00), as
prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; authorizing relocation
expenditures; providing for severability and an effective date. (Bonnie Brae Street project Phase 4
Parcel 28 404 N. Bonnie Brae)
BACKGROUND
The "Bonnie Brae Secondary arterial from IH35E to North of Scripture" project was approved by the
voters as part of the Mobility Improvement projects initiative on the ballot for the November 5, 2014
bond election. The final road alignment has been established and a substantial portion of the subject
property tract will be required for the construction of the roadway improvements.
Donald V. Radke and Candice R. Harris have agreed to sell the subject 0.28 acre tract for the stipulated
purchase price above.
OPTIONS
1. Approve proposed ordinance
2. Decline to approve proposed ordinance
3. Table for future consideration
RECOMMENDATION
Staff recommends approval of the ordinance.
ESTIMATED SCHEDULE OF PROJECT
Road design documents targeted for completion and bid advertisement in January 2019. Anticipated
construction start early summer 2019.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council closed session briefing: September 18, 2018.
FISCAL INFORMATION
A total of $13,250,000 in funding was approved for the Project, which includes $2,000,000 in bonds in
FY 2014/15, 7,500,000.00 FY 2017/18, and $3,750,000.00 reallocation of funds in coordination with the
City Finance Department. The purchase of the tract at hand, if approved, will be funded out of the
Streets Capital Project Fund account established for the Project: 250023467.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and
goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.1 Optimize resources to improve quality of City Roadways
EXHIBITS
1 -Agenda Information Sheet
2 -Location map
3 -Site map
4-Ordinance
Respectfully submitted:
Paul Williamson
Real Estate Manager
Prepared by:
Amy B. Parish
Sr. Real Estate Analyst
� '
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EXHIBIT "A"
All tbat certain lot, tract or parcel of lattd situated in ihe (,ytyr of �enton, County of Denton, State of
Texas, as conveyed by Wairanty Deed datec( Jwte 8,1957, fram Morria B. Haii and wife, Geratdine
Hall to Louis C}rocning aud wife, Ovella Gropvng, said deed recarded �n Volume Page 156 of the
I?aed Recorda of Dettton Couttty, Texea, anci heing a part of the Eugeae Puchala�ki Swvey, Abstract
Numbe�' 996� Denton Couaty, Taxas, end (�eing a part of a tract of land as conveyod by F, M.
Ctowley to C. S. Wilkins, as shown of record in Volume 124, Page 272 of the Deed Records of
Denton County, Texas and being moze particulariy described ae fotlowa:
� BLGIIVNING at a puint in tl�e East boundary line of Avenue I, and being 1 SO Pcet South and at dght
+ angies W the South boundary 1Lte of Script�tt+e Street, ssid point beipg in Wa Soath boundary Wie of
� a certain tract aa coatv�}+ed by M. C. Sh�pard and wife, Beta ShepaM to J. W. Paader, Jr.. by deed
deted March I8,1948, aud recorded it� Votumc 344, Page 31 of the Deed Rccords ofDenTpn Couot},�
j Teacas;
TE�NCE East atong the North bounda�y line of We Louis Groenia� lot, 207.5 feet to a steel pin for
+�rner, said ci,me� being i SO feat 3outh of the South bounciary lino of 3criptura Street, attd boing
in the 8ast boundary line of a certatn tract of tand as conveyed by H� C. Ivoy apd wife, OigIe Ivey
to M. C. Shapard by deed �ated 7u�y 22� 1947, as shown of recotd iu Votume 349, Page 480 of tha
Deed Racorrctas ofD�Wu County. Toacas;
THBNC'B 3outh elong tf� Best bowtdary Wie of the Ivey o0 3hepard tract, 66 t�at to the Na�theasi
9S�r of a traq of lmxi es co�veyod by M. C. ShepaM to J. A. t�ladis, by deed dated Jenuary 24,
.
'lY�BNCB Weat along the North bou�tary li� of the $he�M to Cil�dte tract,19t1.9 lbet to � ateei
piu in ttm Beet boundary tine of Avanue I;
THENCE Norti�west along the East bouudary line of Avenue I, 67.3 feet ta poL►t of bagtnn3ng,
AFCER AECt?RDING RETiTRN TOs
':.'� . ,�d Van.Ra�te a� Candacb R. HaerLs
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