HomeMy WebLinkAboutDecember 11, 2009 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
December 11, 2009
After determining that a quorum is present, the City Council of the City of Denton, Texas, will
convene in a Special Called Closed Meeting on Friday, December 11, 2009 at 11:00 a.m. in the
City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas, at
which the following items will be considered:
CLOSED MEETING
1. Closed Meeting
A. Deliberations regarding Real Property – Under Texas Government Code Section
551.072; Consultation with Attorney – Under Texas Government Code Section
551.071.
1. Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the grant of property within the Denton Rail
Corridor to the DART or DCTA, the limits of said corridor being all that
certain lot, tract or parcel of land described in that certain Quitclaim Deed
from Missouri Pacific Railroad Company to the City of Denton, Texas
dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-
R0058485 in the Real Property Records of Denton County, Texas; and
also being that same property described in that certain Correction
Quitclaim Deed, dated June 1, 2001 and filed for record in the Real
Property Records of Denton County, Texas as Volume 4857, Page 020211
where such deliberation in an open meeting would have a detrimental
effect on the position of the City Council in negotiations with DART or
DCTA. Consultation with the City’s attorneys regarding legal issues
associated with the granting of said property above described where a
public discussion of these legal matters would clearly 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.
Following the completion of the Closed Meeting, the Council will consider the following in a
Special Called Open Session:
1. PUBLIC HEARING
A. Continuation of a public hearing on the Sale of the Denton Branch Rail Trail
Corridor owned by the City of Denton to the Dallas Area Rapid Transit Authority
(DART) for the purposes of reactivation of a rail line between Denton and
Carrollton and consideration of an ordinance granting approval for the sale and
transfer of the Denton Branch Rail Trail from approximately Mile Post 721.89 to
Mile Post 729.5 for the purpose of a commuter railroad in accordance with
Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date.
City of Denton Special Called City Council Agenda
December 11, 2009
Page 2
2. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager to execute a Contract of Sale by and between the City of Denton,
Texas (“City”) and the Dallas Area Rapid Transit Authority (“DART”)
transferring the Denton Rail Corridor, consisting of those lands described in that
certain Quitclaim, dated August 9, 1993, County Clerk File No. 93-R0058485, as
corrected by Correction Quitclaim Deed, dated June 1, 2001, County Clerk File
No. 2001-R0057561, and as corrected by Correction to Correction Quitclaim
Deed, dated June 28, 2001, County Clerk File No. 2001-R0076013, all recording
references to the Real Property Records of Denton, Texas.
B. Consider adoption of an ordinance of the City of Denton, Texas, expanding and
extending the term of a right of entry and possession, dated March 3, 2009, as
extended on May 5, 2009, as extended and expanded on June 23, 2009, as
extended and expanded on September 1, 2009, as extended on September 15,
2009, and as extended and expanded on September 22, 2009 and as extended on
November 3, 2009 (as amended and extended, the “Right of Entry”) in favor of
the Denton County Transportation Authority (DCTA) and authorizing DCTA to
enter upon and take possession of certain real property of the City of Denton for
the purpose of performing activity as described in the Right of Entry; and
providing and effective date.
C. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager to execute an Agreement to Extend Rail Reactivation between the
City of Denton, Texas (“City”) and the Dallas Area Rapid Transit Authority
(“DART”) extending the period of notice of repurchase, as provided by DART to
the City, of lands described in that certain Quitclaim, dated August 9, 1993,
County Clerk File No. 93-R0058485, as corrected by Correction Quitclaim Deed,
dated June 1, 2001, County Clerk File No. 2001-R0057561, and corrected by
Correction to Correction Quitclaim Deed, dated June 28, 2001, County Clerk file
No. 2001-R0076013, all recording references to the Real Property Records of
Denton County, Texas”
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the ________day of ___________________, 2009 at ________o'clock (a.m.) (p.m.)
____________________________________
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE
SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST
48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE
DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER
CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
December 11, 2009
DEPARTMENT:
Parks and Recreation Department
ACM:
Fred Greene
______________________________________________________________________________
SUBJECT
Continuation of a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by
the City of Denton to the Dallas Area Rapid Transit Authority (DART) for the purposes of
reactivation of a rail line between Denton and Carrollton and consideration of an ordinance
granting approval for the sale and transfer of the Denton Branch Rail Trail from approximately
Mile Post 721.89 to Mile Post 729.5 for the purpose of a commuter railroad in accordance with
Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date.
BACKGROUND
The Parks, Recreation and Beautification Board recommended approval of providing a railroad
easement along the Denton Branch Rail Trail corridor on October 2, 2006. This approval was
for a Memorandum of Understanding (MOU) document between the City of Denton and Denton
County Transportation Authority (DCTA) for the future construction of a Rail Commuter line
between Denton and Carrollton. The Denton County Transportation Authority (DCTA)
requested an easement on the Denton Branch Rail Trail in order to construct the rail commuter
railroad from downtown Denton to Carrollton to connect with the Dallas Area Rapid Transit
(DART) light rail line.
During the development of an agreement to start this construction, it has been determined
through the line sale agreement with the Union Pacific Railroad, the railroad assigned its
reversion interests to DART during a sale of several miles of underutilized rail lines in the
Metroplex. DART acquired the Denton Branch rail line from Dallas to Lake Dallas at Burl
Street in Corinth. The Union Pacific Railroad assigned any remaining rights they may have in
the reversion of the corridor back to a railroad to DART during this purchase agreement.The
Denton Branch Rail Trail is a rail banked corridor being used as an interim trail through the
National Trail Act. The corridor is banked from abandonment as a railroad until it may be re-
activated. With DART having the first ability to reactivate the line and having notified the City
of its intent to do so, it is prudent to negotiate terms allowing the City to reserve easements for
utilities and a new trail corridor, while allowing the two transit authorities to work through
agreements on reconstruction of the railroad for rail commuter train service.
State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the
Texas Parks and Wildlife Code requires that:
(a) a municipality of this state may not approve any program or project that requires the
use or taking of any public land designated and used prior to the arrangement of the
program or project as a park unless the municipality, acting through its duly
authorized governing body or officer, determines that:
(1)there is no feasible and prudent alternative to the use or taking of such land;
and
(2)the program or project includes all reasonable planning to minimize harm
to the land, as a park, resulting from the use or taking.
(b) A finding may be made only after notice and a hearing as required by this chapter."
Parks and Recreation Department and City staff have reviewed all possible alternatives in light
of the planning to minimize harm, and recommends that the Council make the required findings.
OPTIONS
As discussed in Closed Session.
RECOMMENDATION
As discussed in Closed Session.
ESTIMATED SCHEDULE OF PROJECT
Construction is projected to begin in 2010.
PRIOR ACTION/REVIEW
The Parks, Recreation and Beautification Board gave its approval to a MOU at the October 2,
2006 meeting by a vote of 6 to 0. On November 2, 2009, the Parks, Recreation and
Beautification Board came to a consensus that the City should go forward with the public meeting
in regard to this particular matter. On December 1, 2009 Council continued this item to December
15.
FISCAL INFORMATION
Contracts relating to rail reactivation specify the purchase price of the subject rail corridor.
EXHIBITS
1.Map
2.Park, Recreation and Beautification Board Minutes of November 2, 2009.
Respectfully Submitted:
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Bob Tickner, Superintendent
Parks and Recreation Department
ExhibitA
DentonBranchRailTrail
Mileposts721.5-729.5
HickoryStreet,MP721.5
PowerPlant
DentonBranchRailTrail
rightofway
I-35E
CityofDenton
DentonBranchRailTrail
rightofway
ShadyShores
CityofCorinth
Walton
BurlStreet,MP729.5
I-35E
SwisherRdFM2181
DentonBranchRailTrail
CityLimitline
1DRAFT
Parks, Recreation and Beautification Board
2
Minutes
3
4November 2, 2009
5Civic Center Conference Room
6
7
Members present
: Vicki Byrd, Allyson Coe, Derrick Murray, Janet Shelton, Jennifer Wages
8
Members absent:
Carol Brantley, Mike Simmons
9
Staff present:
Emerson Vorel, Jim Mays, Bob Tickner, Mary Aukerman, Amanda Green, Janie McLeod
10
Additional Staff present:
City Attorney, Anita Burgess and KDB Group: Aimee Dennis, Jannibah,
11
Coleman Mendie Schmidt
12
13
Allyson Coe called the meeting to order at 5:58 p.m.
14
st
15
AWARDS AND RECOGNITIONS:
Jim Mays announced that the Parks Maintenance staff had won 1
nd
16
place in the TRAPS Region 2 Parks Rodeo and placed 2 in the entire Metroplex.
17
18
Since most of the KDB staff members are new, Aimee Dennis, KDB Program Manager, introduced herself
19
and the KDB staff, explaining their specific areas of responsibility. Aimee explained that, although the
20
three KDB staff members are paid through City of Denton Parks & Recreation, Keep Denton Beautiful, Inc.
21
is a non-profit organization.
22
23
APPROVAL OF MINUTES OF October 5, 2009 MEETING:
Derrick made a motion that the minutes
24
be approved as written, Jennifer seconded the motion and the minutes were approved with a vote of 5 to 0.
25
26
ACTION ITEMS:
27
Approval of 2010 Park Board Meeting Schedule
a) – The exceptions to the Board meeting on dates
28
other than the first Monday of each month were reiterated.
29
30
MOTION:
There being no further discussion, Jennifer made the motion to approve the 2010 Park
31
Board Meeting Schedule as presented; Janet seconded the motion and the schedule passed with a vote of
32
5-0.
33
34
Sale of Alcoholic Beverages At Mardi Gras
b) – Janie explained that the Mardi Gras is an event that the
35
Rotary Club has held for several years, but, with the changes recently made to the Alcohol Ordinance,
36
this was the first event selling alcoholic beverages inside the Civic Center to be brought before the Park
37
Board for their approval. Emerson pointed out that only events open to the public will be presented to
38
the Park Board; private events, such as wedding receptions and Quinceañeras, need only the approval of
39
the City Manager or his designee, as they have in the past. Janie assured the Board that the Rotary Club
40
will comply with the other requirements needed for an event with alcohol, such as security and
41
insurance.
42
43
MOTION:
There being no further discussion, Janet made the motion to approve the Mardi Gras event
44
with the sale of alcoholic beverages in the Civic Center, Jennifer seconded the motion and it passed with
45
a vote of 5-0.
46
47
PARKS PROJECT STATUS REPORT
48
Avondale Park Lighting and Landscape Improvements
– The lights are up and operating, which
49
should help to abate vandalism. The sidewalk replacement will be next.
50
51
Briercliff Park Design and Development Project
– The project is progressing.
1
Denton Branch Rail Trail Bridges Project
– This project has been deferred to the City Attorney and
2
Engineering. There will be a pedestrian and bicycle bridge over 288.
3
4
Neighborhood Park Design: Preserve at Pecan Creek, Owsley Park and Wheeler Ridge
– Bob
5
brought a concept plan for Wheeler Ridge trail layout. Part of the trail is in an elevated area. Seating
6
nodes are planned for various sites along the trail. Concept plans are also in the works for Preserve at
7
Pecan Creek and Owsley Park which will be presented to the Park Board when they are completed.
8
9
North Lakes Adult Soccer Field Development Project
– There will be a public meeting at the North
rd
10
Lakes Annex on Riney and Windsor on Thursday, December 3 at 6:30 p.m. for this project. The Park
11
Board is invited to attend. It is hoped that this project will got out for bids in March and be completed the
12
spring of 2011.
13
14
North Lakes Park Goldfield Tennis Center
– This project is on hold as we look at options for its future.
15
16
Senior Center Renovation and Expansion Project
– The Senior Center project is still on schedule with
17
completion estimated for January 2010. Asbestos abatement is done in the main building; walls are being
18
built. An open house will take place when the project is completed. Work in the parking lot is going on
19
as well.
20
21
Unicorn Lake Trail and Landscape Project
– The trail is complete and lighted. The landscaping has
22
been held up because of the bad weather. October only had 4 workable days. It is hoped the project will
23
be completed November 2009.
24
25
KEEP DENTON BEAUTIFUL UPDATE
26
This year’s Tree GiveAway was very successful. All trees were give out by pre-registration. In the past it
27
had been first come, first served which resulted in long lines of cars. Times were given out with the on-
28
line registration in half hour increments, which helped get rid of the long lines.
29
30
PUBLIC ART COMMITTEE MEETING MINUTES
31
The minutes are presented in the Park Board packet for their review.
32
33
At this time, Allyson announced that the Board would go into Closed Session for the remainder of the
34
meeting to discuss the valuation and possible sale of park real property. City Attorney, Anita Burgess, led
35
the discussion. The Board came to a consensus that the City should go forward with the public meeting in
36
regard to this particular matter.
37
38
Upon completion of the discussion in Closed Session, Allyson announced that the meeting was once again
39
open to the public.
40
41
With no further business on the agenda, Allyson asked for a motion to adjourn. Janet made the motion to
42
adjourn, Carol seconded the motion and the meeting was adjourned at 7:02 p.m.
AGENDA INFORMATION SHEET
AGENDA DATE:
December 11, 2009
DEPARTMENT:
Transportation
ACM:
Howard Martin, Utilities, 349-8232
SUBJECT
Consider the adoption of an ordinance of the City of Denton, Texas, authorizing the City
Manager to execute a Contract of Sale by and between the City of Denton, Texas (“City”) and
the Dallas Area Rapid Transit Authority (“DART”) transferring the Denton Rail Corridor,
consisting of those lands described in that certain Quitclaim, dated August 9, 1993, County Clerk
File No. 93-R0058485, as corrected by Correction Quitclaim Deed, dated June 1, 2001, County
Clerk File No. 2001-R0057561, and as corrected by Correction to Correction Quitclaim Deed,
dated June 28, 2001, County Clerk File No. 2001-R0076013, all recording references to the Real
Property Records of Denton, Texas.
BACKGROUND
Dallas Area Rapid Transit (DART) representatives and City of Denton representatives have met
for several months to negotiate terms and conditions relating to the proposed conveyance of the
rail corridor identified for DCTA’s A-Train commuter rail service to DART. The City of Denton
(Parks and Recreation) has ownership of approximately eight miles of the former Missouri
Kansas Texas (MKT) rail right-of-way (ROW) as part of the Rail Banking program. Previous to
initial construction of the A-Train, the Parks and Recreation Department utilized and maintained
the ROW for the Denton Branch Rail Trail. Various City of Denton utilities occupy portions of
the corridor in addition to the City Denton Water pipeline along the eastern boundary of the
corridor for a 30-inch raw water line.
On September 14, 2009 DART submitted a letter to the City of Denton providing written notice
to exercise their option to repurchase the Denton Branch Line formerly owned by the Missouri
Pacific Railroad Company (MKT ROW) for the amount of $10,000. City of Denton legal staff
will present terms and conditions, to include provisions to preserve the 30-inch raw water line
easement, of the proposed “Contract of Sale” as part of this agenda item.
PRIOR ACTION/REVIEW
Staff has briefed the City Council on a proposed perpetual easement and conveyance of the
corridor in multiple Closed Session meetings beginning February 2009.
FINANCIAL
The proposed agreement will require DART to pay the City of Denton the amount of $10,000 for
the conveyance of the corridor.
EXHIBITS
1.Draft Ordinance
2.Contract of Sale (Under Separate Cover)
3.DART notice letter dated September 14, 2009
Respectfully submitted:
Mark Nelson
Transportation Director
AGENDA INFORMATION SHEET
AGENDA DATE:
December 11, 2009
DEPARTMENT:
Transportation Operations
ACM:
Howard Martin, Utilities, 349-8232
______________________________________________________________________________
SUBJECT
Consider the adoption of an ordinance of the City of Denton, Texas, expanding and extending
the term of a right of entry and possession, dated March 3, 2009, as extended on May 5, 2009, as
extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009, as
extended on September 15, 2009, and as extended and expanded on September 22, 2009 and as
extended on November 3, 2009 (as amended and extended, the “Right of Entry”) in favor of the
Denton County Transportation Authority (DCTA) and authorizing DCTA to enter upon and take
possession of certain real property of the City of Denton for the purpose of performing activity as
described in the Right of Entry; and providing and effective date.
BACKGROUND
The City of Denton (Parks and Recreation) has certain ownership rights to approximately eight
miles of the former Missouri Kansas Texas rail right of way (ROW) as part of the Rail Banking
Program. The Parks and Recreation Department currently utilizes and maintains this ROW for
the Denton Branch Rail Trail and the Water Department has an easement along the eastern
boundary of the corridor for a 30-inch raw water line. Additional City of Denton utilities also
occupy easements in this corridor.
Denton County Transportation Authority (DCTA) is requesting the City of Denton to provide a
perpetual easement in the corridor to allow for the construction of the proposed regional
commuter rail line between Denton, Highland Village, Lewisville and Carrollton. DCTA, City
of Denton and representatives with Dallas Area Rapid Transit (DART) continue to negotiate
terms and conditions of a proposed agreement that would establish operating rights for each
entity accessing the corridor as well as preserve existing uses by the City of Denton relating to
various utility and non-utility infrastructure.
DCTA remains committed to initiating rail service between Denton and Carrollton as
expeditiously as possible, necessitating construction activities begin as soon as possible along the
corridor. City of Denton staff is recommending consideration of Amendment 7 to the initial 90-
day Right of Entry and Possession (ROE) granted by Ordinance 2009-059 on March 3, 2009. A
30-day extension of the March 2009 ROE was extended by Ordinance 2009-118 on May 5,
2009. The ROE was amended by Ordinance 2009-149 on June 23, 2009 to expand the scope of
construction to include construction activities permitted in Phase I of the corridor and extend the
ROE for 70 days, terminating Tuesday, September 8, 2009. The ROE was later amended on
September 1, 2009 by Ordinance 2009-195 expanding the scope of construction activities to
include both Phase I and Phase II and extending the term until September 15, 2009. The ROE
was amended on September 15, 2009 extending the term of the ROE outlined in Ordinance
2009-195 to September 22, 2009. The ROE was amended on September 22, 2009 by Ordinance
2009-241 to expand the scope of permitted construction activities and extend the term of the
ROE until November 6, 2009 and the ROE was last amended by Amendment 6 on November 3,
2009 by Ordinance 2009-286.
Amendment 7 proposes to extend the term of the ROE by approximately 90 days from December
14, 2009, terminating on March 16, 2010 or on the date the conveyance of the Rail Corridor from
the City of Denton to DART. This term will coincide with a DART Letter of Assurance,
waiving and releasing any rights or claims related to construction activities in the corridor, to be
provided in advance of the December 8, 2009 meeting. Additionally, this agreement provides
DCTA construction access to City of Denton property located adjacent to the Downtown Denton
Transit Center where the proposed rail platform will be constructed (Platform Tracts). Staff
briefed Council on October 20, 2009 and was provided direction to pursue transfer of these tracts
to DCTA. This property will be conveyed to DCTA at a later date.
PRIOR ACTION/REVIEW
Ordinance 2009-286, was adopted on November 3, 2009. Ordinance 2009-241, adopted
September 22, 2009 extended the term to November 6, 2009 and expanded the scope of activities
to include Phase III. Ordinance 2009-213 dated September 15, 2009 extending the term of the
agreement outlined in Ordinance 2009-195 to September 22, 2009 (seven days). Ordinance
2009-195 dated September 1, 2009 expanded scope of activities to include Phase I and Phase II
and extended the ROE by 14 days. Ordinance 2009-149, dated June 23, 2009, extended the ROE
by 70 days to September 8, 2009 and expanded the scope of permitted construction activities to
include Phase I of the corridor. Ordinance 2009-118 was adopted on May 5, 2009 extending the
original 90-day ROE entry by 30 days. Ordinance 2009-059 was adopted on March 3, 2009
providing DCTA a 90-day Right of Entry and Possession to conduct limited pre-construction
activities.
Staff has briefed the City Council on the proposed perpetual easement for the corridor during
Closed Session at multiple meetings between February 17, 2009 and November 17, 2009.
Staff briefed the City Council on October 20, 2009 on the DCTA offer for the Platform Tracts.
FINANCIAL
The proposed agreement will require DCTA to submit a sum of $10.00 to the City of Denton in
consideration for the right of entry and possession.
EXHIBITS
1.Draft Ordinance
2.Ordinance 2009-286
Respectfully Submitted:
Mark Nelson
Transportation Director
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