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HomeMy WebLinkAboutApril 6, 2010 Agenda AGENDA CITY OF DENTON CITY COUNCIL April 6, 2010 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 6, 2010 at 3:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Requests for clarification of agenda items listed on the agenda for April 6, 2010. 2. Receive a report, hold a discussion, and give staff direction regarding the proposed development for the Rayzor Ranch South Town Center. 3. Receive a report, hold a discussion, and give staff direction regarding the 2010 Tax Abatement Policy for the City of Denton to establish guidelines and criteria governing tax abatement agreements. 4. Receive a report, hold a discussion and give staff direction regarding the Best Practices for Pipeline and Municipality Relations document. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. CLOSED MEETING 1. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Consult with City's attorneys regarding the status and potential settlement of the claim of Dustin Epting. 2. Consultation with the City's attorneys on legal issues relating to a proposed annexation of areas required by Texas Local Government Code 43.052 to follow a three-year municipal annexation plan. B. Consultation with Attorney - Under Texas Government Code Section 551.071; and Deliberations regarding Real Property - Under Texas Government Code Section 551.072. 1. Discuss, deliberate, consider, receive information from Staff, and provide Staff with direction pertaining to the purchase and value of real property interests consisting of 0.086 and 0.004 acre tracts for Utility Easement, and a 0.105 acre tract for Temporary Construction Easement located in the City of Denton City Council Agenda April 6, 2010 Page 2 R. Beaumont Survey, Abstract Number 31, City and County of Denton, Texas; which acquisitions are for a public purpose, the US Hwy 380 Relocation Project. Consultation with the City's attorneys regarding legal issues associated with the acquisition of said property interests 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. 2. Discuss, deliberate, consider, receive information from staff, and provide Staff with direction pertaining to the purchase and value of real property interests consisting of 0.070 acres for Utility Easement, and 0.063 acres for Temporary Construction Easement, located in the N. H. Meisenheimer Survey, Abstract Number 811, City and County of Denton, Texas; which acquisitions are for a public purpose, the US Hwy 380 Relocation Project. Consultation with the City's attorneys regarding legal issues associated with the acquisition of said property interests 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. 3. Discuss, deliberate, consider, receive information from staff, and provide Staff with direction pertaining to the purchase and value of real property interests consisting of 0.0860 acres for Temporary Construction Easement, located in the R. Beaumont Survey, Abstract Number 31, City and County of Denton, Texas; which acquisition is for a public purpose, the US Hwy 380 Relocation Project. Consultation with the City's attorneys regarding legal issues associated with the acquisition of said property interests 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. C. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding an incentive agreement for the proposed location of a 400,000 square foot distribution center to be located in the industrially zoned area along Airport Road, west of Interstate 35, known as Project Teacup. City of Denton City Council Agenda April 6, 2010 Page 3 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U. S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Presentation of the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association 2. Child Abuse Prevention Month Proclamation 3. Barbara Jordan Media Day Proclamation 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - R). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - R below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. City of Denton City Council Agenda April 6, 2010 Page 4 A. Consider a request for an exception to the Noise Ordinance for the purpose of performing music during the 2010 Relay for Life, to be held at the University of North Texas Fouts Field beginning at 3:00 p.m. on Saturday April 17th until 6:00 a.m. on Sunday, April 18th. The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 dBs and for amplified sound on Sunday until 6:00 a.m. Staff recommends approving the request. B. Consider approval of the minutes of: February 16, 2010 March 1, 2010 March 2, 2010 March 9, 2010 C. Consider adoption of an ordinance of the City of Denton, Texas authorizing Assignment Pay for Police Department civil service employees who are assigned to perform specialized duties and required to be on call and frequently available via a cellular phone and providing an effective date. D. Consider adoption of an ordinance of the City of Denton, Texas authorizing Assignment Pay for Fire Department civil service employees who are assigned to perform specialized duties and required to be on call and frequently available via a cellular phone and providing an effective date. E. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an Advance Funding Agreement for a project using funds held in the State Highway 121 Subaccount in the amount of $1,165,145.00 between the City of Denton, Texas and the State of Texas for construction of city pedestrian bridge on the Denton Branch Rail Trail at Pecan Creek and Loop 288; authorizing the expenditure of funds therefor; and providing for an effective date. The Mobility Committee recommends approval (3-0). The Parks, Recreation and Beautification Board recommends approval (6-0). F. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the Electric Fund with Utility System Revenue Bonds or Certificates of Obligation with an aggregate maximum principal amount equal to $6,792,522 to allow Denton Municipal Electric to continue funding ongoing capital expenditures for expansion of the distribution and transmission electric facilities. The Public Utilities Board recommends approval (6-0). G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Supplemental Engagement Letter Agreement with Burford & Ryburn, LLP for professional legal services relating to the eminent domain assignments for West 380 (University Drive) Project; authorizing the expenditure of funds; and providing an effective date. City of Denton City Council Agenda April 6, 2010 Page 5 H. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and The Historical Park Foundation for the purpose of assisting with the construction of the foundation of the Welcome Center; providing for the expenditure of funds therefore; and providing for an effective date. ($1600.00) 1. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District for the 2010 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date. J. Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2009-10 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Airport Gas Well Fund of nine hundred seventy-three thousand five hundred eighty-two dollars ($973,582) to be transferred to the General Fund for reimbursement of the General Fund subsidy of Airport operations and to discontinue the transfer of sales tax and ad valorem taxes from the General Fund to the Non-Airport Gas Well Fund; declaring a municipal purpose; providing a severability clause; providing for an open meetings clause; and providing for an effective date. K. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 4487-Annual Contract for Liquid Ferric Sulfate awarded to the lowest responsible bidder, Kemira Water Solutions, Inc. in the annual estimated amount of $400,000). The Public Utilities Board recommends approval (6-0). L. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of traffic cabinet hardware for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4488-Annual Contract for Traffic Cabinet Hardware awarded to the lowest responsible bidder, Paradigm Traffic Systems, Inc. in the annual estimated amount of $260,000). M. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston Galveston Council of Governments, Texas Multiple Award Schedule Program (TXMAS), Buy Board Cooperative Purchasing Network and State of Texas Comptroller of Public Accounts Cooperative Purchasing Program (TXCPA CO- OP) for the acquisition of eight vehicles and three pieces of equipment for the City of Denton Utility Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4491-Purchase of Utility Fund Vehicles awarded to multiple vendors as listed on Exhibit A in the amount of $749,569). The Public Utilities Board recommends approval (6-0). City of Denton City Council Agenda April 6, 2010 Page 6 N. Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for public access improvements benefitting the South Branch Library, Fire Station No. 6 and Denton Independent School District (DISD) Houston Elementary within the municipal limits of the City and Denton County Precinct No. 1; and providing an effective date. 0. Consider approval of a resolution by the City Council of the City of Denton, Texas regarding the Best Practices for Pipeline and Municipality Relations Resolution; and providing an effective date. P. Consider adoption of an ordinance of the City of Denton, Texas, providing for the indefinite closure of Corbin Road from the west side of Interstate Highway 35 West (IH35W) to the east side of IH35W; and providing an effective date. Mobility Committee recommends approval (3-0). Q. Consider adoption of an ordinance adopting an annexation plan for the City of Denton, Texas in accordance with Texas Local Government Code Chapter 43 Subchapter C; providing for severability; providing for the repeal of conflicting provisions; providing a savings clause; providing for publication and effective date. R. Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Thaten Construction Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4336-Change Order Number One to Fleet Fueling and Truck Wash Facility in the amount of $46,027 for a total bid award of $2,093,712). 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Commercial General (DC-G) zoning district classification and use designation on approximately 2.749 acres of land generally located at the southwest corner of Greenlee Street and Central Avenue; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z09-0012). The Planning and Zoning Commission recommends approval (6-0). B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Commercial Neighborhood (DC-N) zoning district classification and use designation on approximately 0.59 acres of land located at the southwest corner of Bolivar Street and Congress Street; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z09-0014). The Planning and Zoning Commission recommends approval (6-0). City of Denton City Council Agenda April 6, 2010 Page 7 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton Texas authorizing the City Manager or his designee to administer the formula funding allocated Denton under the Energy Efficiency and Conservation Block Grant, as part of the American Recovery and Reinvestment Act, for those projects identified for funding under the City of Denton's Energy Efficiency and Conservation Strategy, as filed with the United States Department of Energy in the total amount of $1,117,000; providing for the expenditure of funds and an effective date. B. Consider appointments to the following Boards and Commissions: 1. Construction Advisory and Appeals Board 2. Human Services Advisory Committee C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Bob Clifton regarding Fry Street and City finances. b. Nathan Jackson regarding water fluoridation. C. Eli Gemini regarding proposal to change the name of our city from Denton, Texas to Corruption City, Texas, U.S.A. d. Willie Hudspeth regarding concerns of Southeast Denton. e. Lanisha Hudspeth regarding concerns of Southeast Denton. f. Jordan Hudspeth regarding concerns of Southeast Denton. g. Hagar Hudspeth regarding concerns of Southeast Denton. D. 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. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda April 6, 2010 Page 8 CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2010 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DIVISION: Planning and Development ACM: Fred Greene SUBJECT Receive a report, hold a discussion, and give staff direction regarding the proposed development for the Rayzor Ranch South Town Center. BACKGROUND Allegiance Hillview, L.P. and Red Development are proposing to amend the Rayzor Ranch Overlay District and provide for design standards related to signage, landscaping and architecture for the area known as the Town Center within Rayzor Ranch South. The applicant also proposes to increase density or create a "density ring" around the 15 acre park area currently identified on the Master Site Plan (See Exhibit 1) and to replace the existing Master Site Plan with a conceptual "bubble plan" that allows development to occur without a full amendment procedure being considered by the Planning and Zoning Commission and approved by the City Council. It is staff s continued position that any new standards, increased density and concept plan flexibility proposed will need to be established without compromise to the integrity of the overall development. These proposals will be brought forward to the Planning and Zoning Commission and City Council for public hearings at a later date with the formal Overlay District amendment(s). EXHIBITS 1. Rayzor Ranch Overlay District Adopted Master Site Plan 2. Rayzor Ranch Overlay District Adopted Concept Plan 3. Rayzor Ranch South Bubble Plan 4. Rayzor Ranch South Sign District 5. Rayzor Ranch South Density Ring Prepared by: elo- Erica Marohnic, AICP Senior Planner Respectfully submitted by: Mark Cunningham, AICP, CPM Director, Planning and Development Xl `NO1,N3U 801L6o 0-8t7' 6 ueldluwo NV'id311S HMLS4I a w i i i r - , I , i CSE .i1: JAI L•OA I i!~AlN,1 JSIM I r. s 5,3(1101 w w w IL U) V1, d d 10 77 U u 5 V z ti WI 1 z:z j O _ z a a z a d_ r w 4 w W Ill 1 CJ LLI ur _ u~ _ C7 r< u n U n C) ` Sk s 0 o s o z I U ~c_ U rc z o a c.. ~ rv r~ u.. U) ~I UJ Z1 LJ Lij CV f1J ,r, e-. 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Campbell, City Manager SUBJECT RECEIVE A REPORT, HOLD A DISCUSSION AND GIVE STAFF DIRECTION REGARDING THE 2010 TAX ABATEMENT POLICY FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS. BACKGROUND The City of Denton first adopted a Tax Abatement Policy in 1989. In accordance with Chapter 312 of the Texas Tax Code, we are required to have a policy in place when tax abatements are awarded. Tax abatement policies are valid for two years and must be readopted or replaced. The last Tax Abatement Policy was adopted on February 5, 2008. The 2010 Tax Abatement Policy was modified to encourage green business by incentivizing environmentally sustainable practices and renewable energy projects to include: Leadership in Environmental Energy (LEED) certification, recycling initiatives, the incorporation of clean technology and renewable energy projects. The Policy also includes a new application for green building projects (Exhibit B). No substantive changes have been made to the remainder of the policy. PRIOR ACTION/REVIEW This back-up was sent in advance of the Economic Development Partnership (EDP) Board review of the policy that is scheduled for April 6, 2010. The recommendations made by the EDP board will be presented to the Denton City Council at the April 6, 2010 meeting. After receiving direction from the EDP board and Denton City Council, the policy will be amended and presented for adoption at the April 20, 2010 Denton City Council meeting. FISCAL INFORMATION N/A EXHIBITS 2010 Denton Tax Abatement Policy Exhibit A: Denton Tax Abatement Application Exhibit B: Denton Green Building Tax Abatement Application -1- Respectfully submitted: Linda Ratliff, Director Economic Development Department Prepared by: Erica Sullivan, Economic Development Analyst Economic Development Department -2- 2010 Tax Abatement Policy DENTON POLICY FOR TAX ABATEMENT L GENERAL PURPOSE AND OBJECTIVES The City of Denton (City) is committed to the promotion of high quality development in all parts of the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City will, on a case-by-case basis, give consideration to providing tax abatement as a stimulus for economic development in Denton. It is the policy of the City that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. All applicants shall be considered on a case-by-case basis. Abatements will be considered only as inducements to generate development that otherwise would not occur. Abatements will not be considered if construction of a project already has begun. Tax abatements, as described in this Policy, will be available for new and/or existing facilities and structures and for businesses wanting to locate, expand or modernize, existing or new facilities and structures, including, without limitation, basic industries, corporate office headquarters or distribution centers, except as this Policy may be limited for property described in Section 312.211(a) of the Texas Property Tax Code (Vernons Texas Civil Statutes Annotated, hereinafter referred to as "Tax Code.") IL ECONOMIC DEVELOPMENT PARTNERSHIP BOARD Requests for tax abatement shall be reviewed by the Economic Development Partnership Board ("Board"), the Board being comprised of two City Council members, two Chamber of Commerce Board members, two representatives from the top twenty taxpayers, and one representative from the University of North Texas. The Board serves as a recommending body to the City Council regarding whether economic development incentives should be offered in each individual case. Its recommendation shall be based upon an evaluation of information submitted in the tax abatement application and any additional information requested by the Board or presented to the Board. The Tax Abatement Application shall be substantially in the form of Exhibit A of this Policy. All meetings of the Board shall be held in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. III. VALUE OF INCENTIVES The criteria outlined in the Application will be used by the Board in determining whether or not it is in the best interests of the City to recommend that tax abatement be offered to a particular project. 2010 Tax Abatement Policy Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community as described in the Denton Comprehensive Plan, as well as the relative impact on growth, employment, expansion of the tax base, and economic development and human health and the environment. New, expanding and modernizing businesses may be considered for abatement if the minimum threshold, as described in Table 1 below, is met. Once a determination has been made that tax abatement should be offered, the value and term of the abatement may be determined by referencing the following table: TABLE 1: Establishes a framework for considering the length and percentage of abatement according to assessed real property value of improvements and of tangible personal property located on the real property. {PRIVATE } VALUE OF STRUCTURE AND PERSONAL PROPERTY YEARS OF PERCENTAGE OF IN MILLION DOLLARS ABATEMENT ABATEMENT 100 10 25% 80 9 25% 65 8 25% 50 7 25% 35 6 25% 20 5 25% 15 4 25% 10 3 25% 5 2 25% *Denotes that the threshold may be waived for ro'ects with a environmentall sustainable or renewable ener'"T component To qualify, companies must meet the minimum threshold of the Policy in the first 24 months from the execution of the agreement or as specified in the tax abatement agreement. If upon initial application a project qualifies for tax abatement under the guidelines set forth in this Policy, the City may consider granting an additional 5% abatement for each one of the following factors provided, however, that the total tax abatement does not exceed 50% annually or continue for a period of more than ten years. No applicant may receive credit for more than five of the following factors: ■ The project will occupy a building that has been vacant for at least two years; ■ The project will create high-skilled, high-paying jobs as documented by the applicant; (A breakdown of number of jobs per job classification and entry level wage per classification Page 2 of 20 2010 Tax Abatement Policy will be used to determine eligibility); ■ The project will involve a significant relationship with one of the two universities in Denton; ■ At least 25% of the new jobs created by the project will be filled by Denton residents; ■ The project will provide knowledge-based jobs (at least 25 percent of jobs require college bachelors degree at entry level); ■ The project will donate significant public art to the community. (To qualify, donation must be approved by Greater Denton Arts Council and City Council); ■ The project will donate significant materials/equipment to the public schools (to qualify, donation must be approved by DISD and City Council); ■ The project will create improvements to the Denton Central Business District; ■ The project will result in the formation of a business park; ■ The project is an international or national headquarters facility. ■ The project is a medical manufacturing or research facility. ® The proiect incorporates environmentally sustainable practices to include: Leadership in Enerev and Environmental Desi--n (LEED) certification, recvclin-- initiatives or the incor oration of clean technolo . IN Renewable Ener will be enerated stored or utilized for the ro'ect. The total tax abatement may not exceed 50% annually for ten years. All abatements are subject to final approval of the City Council. Even though a project may meet the criteria as set forth in this Policy, an application may be denied at the discretion of the City. Tax abatement shall not apply to any portion of the land value of the project. The thresholds as described in Table 1 are considered guidelines for establishing the Tax Abatement Agreement terms. However, the City may determine that a lower or higher percentage and/or a shorter or longer term of abatement may be more appropriate for an individual project. If the abatement is approved, the City may consider applying all or a portion of the abatement in the first year or during any shorter period within the term of the tax abatement agreement. For example, an approved abatement of 25 percent for four years may be applied as 100 percent abatement for one year. When the City of Denton determines that incentives are required to retain existing businesses, which propose to improve or redevelop property within the City limits, the Denton City Council may consider these "special projects" on a case-by-case basis and reserve the right to waive the minimum threshold and/or exceed fifty percent (50%) in tax abatement. The City of Denton may also take into consideration as "special projects" the expansion/redevelopment of existing businesses that create new or additional professional jobs. Abatement hereunder will only apply to the increased valuation of the improvements over the appraised value of the property prior to such improvements as same is established by the Denton Central Appraisal District the year in which the tax abatement agreement is executed. The City may also consider other tax incentives authorized by law. The Ci of Denton is committed to the res onsible mana ement of the environment and seeks to encourage green businesses and renewable technologies. The City of Denton City Council will review environmentally sustainable proiects on a case-bv-case basis. The minimum threshold and the fifty percent (50%) cap in the tax abatement may be waived for these environmentally sustainable proiects. For redeveloped properties seeking LEED certification throu h the U.S. Green Buildin Council the Abatement will onl a 1 to the increased Page 3 of 20 2010 Tax Abatement Policy valuation of the improvements attributable to the LEED certification over the appraised valve of the property prior to such improvements as same is established by the Denton Central Appraisal District the vear in which the tax abatement agreement is executed. The ON may also consider other tax incentives authorized by law. Professional jobs are defined as "occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge; a calling requiring specialized knowledge and often long and intensive academic preparation; requires some research, analysis, report writing and presentations. Special licensing, certification, or registration may be required to perform the job task; the work of professional positions is creative, analytical, evaluative, or interpretive, and is characterized by personal responsibility to keep abreast of and exercise judgment and broad perspective in the application of an organized body of knowledge that is constantly studied to make new discoveries and interpretations or to improve the data, materials and methods; may involve some supervision and budgeting/planning." A business park is defined as a multi-building, multi-tenant, master planned complex of approximately one million square feet or more of under roof, constructed to house manufacturing, distribution, assembly, and office facilities. Leadership in Ener2v and Environmental Design certification is a voluntarv internationallv recognized Green building certification svstem, providing third-party verification that a building or community was designed and built using strategies aimed at improving performance across all the metrics that matter most: energy savings, water efficiency, C02 emissions reduction, improved indoor environmental gnality, and stewardship of resources and sensitivity to their im acts. The certification levels consist of the following! Basic Silver, Gold and Platinum and are weighted on a 100 point svstem. The LEED svstem measures: innovation in design; sustainable sites, water efficiency; enerav and atmosphere, materials and resources; indoor environmental gnality; and locations and linkages. When the City determines that abandoned property may require additional incentives to promote economic development that generally satisfies the requirements of this Policy, the City may waive the minimum threshold and/or exceed fifty percent (50%) in tax abatement, or consider other tax incentives for special projects to redevelop abandoned buildings consistent with existing law. For the purpose of this Policy, an abandoned building is defined as a building that has been identified as being suitable for commercial or industrial development, has been vacant for a minimum of five years or has substantially declined in appraised value. Abatement would only be considered on the increased valuation of the improvements in each year covered by the tax abatement agreement over the value of the property for the year in which the tax abatement agreement is executed. The City may also consider other tax incentives authorized by law. Preliminary Application Page 4 of 20 2010 Tax Abatement Policy IV. PROCEDURAL GUIDELINES Any person, organization or corporation desiring that the City consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. A. Applicant shall complete the attached "Application for Tax Abatement." B. A separate application is required for projects seeking LEED Certification. C. Applicant shall prepare a map or other documents providing the following: ■ precise location of the property and all roadways within 500 feet of the site ■ existing uses and conditions of real property ■ proposed improvements and uses ■ any proposed changes in zoning ■ compatibility with the Denton Comprehensive Plan and applicable building codes and City ordinances. D. A complete legal description shall be provided. Applicant shall complete all forms and information detailed in the Application and submit all information to the City Manager, City of Denton, 215 E. McKinney, Denton, TX 76201. E. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. F. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. G. Copies of the complete application package and staff comments will be provided to the Board. H. Fiscal agents of the City will review the application for comments and recommendation. Additional information may be requested as needed. Consideration of the Application 1. The Board will consider the application at a regular or called meeting(s). Additional information may be requested as needed. 7. The recommendation of the Board will be forwarded, with all relevant materials, to the City Council. K. If the City Council decides to grant a tax abatement, it shall call a public hearing to Page 5 of 20 2010 Tax Abatement Policy consider establishment of a tax reinvestment zone in accordance with Section 312.201 of the Tax Code. The reinvestment zone must meet one or more of the criteria of Section 312.202 of the Tax Code. L. The City Council shall hold a public hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be included within the zone and City after the expiration of the tax abatement agreement in accordance with Section 312.201." Special consideration shall be given to policies noted in the Denton Comprehensive Plan when designating a tax reinvestment zone. M. The City Council may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial tax abatement zone. N. The City Council may consider adoption of an ordinance or resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant, including all the terms required by Section 312.205 of the Tax Code and such other terms and conditions as the City Council may require. Should the commitments subsequently not be satisfied, the tax abatement shall be null and void (unless the tax abatement agreement provides for a recapture of the property tax revenue lost proportionate to a partial failure to meet the minimum thresholds set forth in the agreement) and all abated taxes shall be paid immediately to the City of Denton and all other taxing jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. N. The City reserves the authority to enter into tax abatement agreements at differing percentages and/or terms as set forth in the guidelines of this Policy, consistent with the requirements of the Tax Code. Any tax abatement agreement will address various issues, including but not limited to, the following: 1. General description of the project; 2. Amount of the tax abatement and percent of value to be abated each year; 3. Method of calculating the value of the abatement; 4. Duration of the abatement, including commencement date and termination date; 5. Legal description of the property; 6. Kind, number, location and timetable of planned improvements; 7. Specific terms and conditions to be met by applicant; 8. The proposed use of the facility and nature of construction; 9. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment. Annual Evaluation Page 6 of 20 2010 Tax Abatement Policy Upon completion of construction, the City Council shall receive from the City Manager an annual evaluation of each abatement to insure compliance with the agreement and to report possible violations of the agreement to the taxing entities. After new tax base numbers are received in July of each year, the City Manager and his staff will have ninety (90) days to review and prepare a breakdown of those figures. Local Businesses and Historically Underutilized Businesses Businesses receiving a tax abatement are asked to use diligent efforts to purchase all goods and services from Denton businesses whenever such goods and services are comparable in availability, quality and price. The City of Denton also encourages the use, if applicable, of qualified contractors, subcontractors and suppliers who are historically underutilized businesses based on information provided by the General Services Commission pursuant to Chapter 2161 of the Government Code. In the selection of subcontractors, suppliers or other persons or organizations proposed for work on this Agreement, the OWNERS agree to consider this Policy and to use their reasonable and best efforts to select and employ such companies and persons for work on this Agreement. Job Recruiting from Low-Moderate Income Census Tracts Businesses receiving tax abatements are asked to endeavor to make available, or endeavor to cause lessees or assignees to make available, full-time or part-time employment with on-the-job training for Denton citizens. In this effort, the business, lessee or assignee is encouraged to recruit from the low-moderate income Census tracts as further defined in the Concentration of Low/Mod Income by Block Groups shown below. Page 7 of 20 2010 Tax Abatement Policy DENTON,TEXAS Concentration of Low/Moderate Income households by Block Groups 7i ILD +I _ _ l o I TL - L I1 1 f-- Concentration of Low/Mod Income by Block Groups 0-50% 51%-60% 61%-70% 71%-80% 81%-90% 91%-100% Source: 2000 U.S. Census Page 8 of 20 2010 Tax Abatement Policy EXHIBIT A The City of Denton Tax Abatement Application About the Application... The Tax Abatement Application provides the City with specific information on the project. The information requested in the Application is designed to address the criteria developed within the City of Denton's Tax Abatement Policy. The information serves as the basis for fiscal analysis and overall project evaluation. This evaluation is provided to Council Members and serves as a source document during City Council deliberations. The Application and the Agreement... Specific information from the Application (such as value of new investment and employment commitments) is incorporated into the Abatement Agreement. In fact, the Application is an attachment to the Agreement. Since the agreement is a binding contract, it is important that each question on the application be answered in full and as realistically as possible. Simply put, the application is part of the process from start to finish so you'll want to make sure you're comfortable with the contents. When Is The Application Final? The answer to this question is very simple: When you tell us, "It's final." It is not uncommon for a property owner(s) to submit numerous Applications as drafts for informational and evaluative purposes only. As conversations continue, the property owner will submit a finalized version of the Application that includes all of the commitments agreed to during the discussions. What about Confidentiality? Section 312.003 of the Texas Tax Code makes confidential information provided to the City as a part of this application that describes the specific processes or business activities to be conducted or the equipment or other property to be located on the property. This information is not subject to public disclosure until the tax abatement agreement is executed. Section 522.131 of the Texas Government Code (Texas Public Information Act) makes confidential information which relates to economic development negotiations between the City and a business prospect that the City seeks to have locate, stay or expand in or near the territory of the City. The information must relate to a trade secret of the business prospect, commercial or financial information which the business prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained or information about a financial or other incentive being offered to the business prospect by the City or by another person. Information about a financial or other incentive being offered to the business prospect is required to be disclosed when an agreement is made with a business prospect. The City is subject to disclosing most records and documents upon request under the Public Information Act. Accordingly, please clearly indicate and mark any information you consider proprietary. This would include anything in your application which you consider a trade secret, commercial or financial information which you can demonstrate by specific factual evidence that would cause substantial competitive harm if disclosed, information which describes the specific processes or business activities to be conducted or the equipment or other property for which the tax abatement is sought, any financial or other incentive you may be seeking from the City or any other information you deem to be confidential under the law. Who is Authorized To Sign the Application? Because the Application itself is non-binding, the person signing need not be the property owner or even an Page 9 of 20 2010 Tax Abatement Policy individual duly authorized to sign on behalf of the property owner. However, if an Agreement is reached, the Application will be an attachment to the Agreement and its contents will be binding through the authorized signature required on the Agreement. Page 10 of 20 2010 Tax Abatement Policy i City of Denton Tax Abatement Application City of Denton Department of Economic Development Denton, Texas 76201 (940)-149- (940)-149- FAX www.cilyotc°?nton.com Lind a.Ratliff ra cily4denton.com Page 11 of 20 2010 Tax Abatement Policy APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS 1. Property Owner Company or Project Name Mailing Address Telephone Fax No. Website Contact Name Title Mailing Address Telephone Fax No. Email Address 2. Provide a chronology of plant openings, closing and relocations over the past 15 years. 3. Provide a record of mergers and financial restructuring during the past 15 years. 4. Will the occupants of the project be owner or lessee? If lessee, are occupancy commitments already existing? 5. Is the project a relocation of existing facility or a new facility to expand operations? If relocation, give current location. Page 12 of 20 2010 Tax Abatement Policy 6. If an existing Denton business, will project result in abandonment of existing facility? If so, the value of the existing facility will be subtracted from the value of the new facility to arrive at total project value. 7. Property Description. - Attach a copy of the legal description detailing property's metes and bounds. - Attach map of project including all roadways, land use and zoning within 500 feet of site. 8. Current Value. Attach copy of latest property tax statement from the Denton County Central Appraisal District (include both real and personal property). 9. Increased Value/Estimated Total Cost of Project. Structures $ Site Development $ Personal Property $ Other Improvements $ 10. Indicate amount of tax abatement and number of years requested for each taxing entity. City of Denton % years Denton County % years List any other financial incentives this project will request/receive Estimated Freeport Exemption $ Estimated Electric Utility Industrial Development Rider $ Estimated Water/Wastewater Infrastructure Assistance $ 11. Give a brief description of the activities to be performed at this location, including a description of products to be produced and/or services to be provided. Page 13 of 20 2010 Tax Abatement Policy 12. Project Construction Phase A. Estimate percentage of project development and construction dollars to be spent with Denton based contractors or sub-contractors. Construction costs $ Percentage local contractors % rr~ ~r r,,,,~+,..,,.+;,,,, x~~h~ ~~s~m~+P~ m~s~i r~r~+:':~E~➢~~➢...~~~'~T~1.1......$ C- Describe any off-site infrastructure requirements: B. • Water • Wastewater • Streets • Drainage • Other Page 14 of 20 2010 Tax Abatement Policy 13. Project Operation Phase. Provide employment information for the number of years tax abatement is requested. At Project Existing Start Date At Term of Employment Information Operation (mo/yr) Abatement (if applicable) / A. Total number of permanent, full-time jobs B. Employees transferred from outside Denton C. Net permanent full-time jobs (A. minus B.) E. Total annual payroll for all permanent, full-time jobs (A.) F. Types of jobs created. List the job titles and number of positions in each category that will be employed at the facility. Provide average wage for each category. G. Estimate annual utility usage for project: Electric kWh Water Wd Wastewater -Sd Gas S- mcf 14. Describe any other direct benefits to the City of Denton as a result of this project (e.g., sales tax revenue or project elements identified in Tax Abatement Policy, Section III). 15. Is property zoned appropriately? Yes No Current zoning. Zoning required for proposed project. Anticipated variances. Page 15 of 20 2010 Tax Abatement Policy 16. Is property platted? Yes No Will replattingbe necessary Yes No 17. Discuss any environmental impacts created by the project. A. List any permits for which applicant must apply. Applicant will be required to provide City with copies of all applications for environmental permits upon completion of application(s). B. Provide record of compliance to all environmental regulations for the past five years. 18. Provide specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting company. 19. Provide description of any historically significant area included within the project's area as determined by the Historic preservation Officer. If any, give detail of how the historically significant area will be preserved. 20. Justification for Tax Abatement Request: Substantiate and more fully describe the justification for this request. Include the amount of the abatement requested and show how it will contribute to the financial viability of the project. Submit attachments if necessary. 21. List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the Tax Abatement Policy. Page 16 of 20 2010 Tax Abatement Policy 22. Financial Information: Attach a copy of the latest audited financial statement or, in the case of a new project, a business plan. 23. Does the ro.ect have an eli ible environmentall sustainable or renewable ener com onent if so lease identify t e and provide a brief description ? 24. A licants seekin LEED certification must com lete the Green Buildin Application for Tax Abatement Exhibit B of the olic This tax abatement application is sbubmitted with the acknowledgement that additional certified financial information may be required. Authorized Signature Date: Page 17 of 20 2010 Tax Abatement Policy v a. City of Denton Green Building Tax Abatement Application City of Denton Department of Economic Development Denton, Texas 76201 (940) 349-7776 (940) 349-8596 FAX www.cilyofdenton.com Page 18 of 20 2010 Tax Abatement Policy GREEN BUILDING APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS 1. Property Owner Company or Project Name Mailing Address Telephone Fax No. Website Contact Name Title Mailing Address Telephone Fax No. Email Address 2. Project location address: 3. Provide documentation that the project has been registered with the U.S. Green Building Council. 4. Provide a description of the project (please include the building size, number of occupants and estimated budget). Page 19 of 20 2010 Tax Abatement Policy 6. Attach a preliminary Leadership in Energy and Environmental Design (LEED) Scorecard illustrating how project will achieve the LEED certification. Level of Certification: Number of Points: This Green Building Tax Abatement Application is submitted with the acknowledgement that additional information may be required. Authorized Signature Date: Page 20 of 20 AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: General Government CM/DCM/ACM: George Campbell, City Manager SUBJECT: Receive a report, hold a discussion and give staff direction regarding the Best Practices for Pipeline and Municipality Relations document. BACKGROUND: A group of public officials and members of the Texas Pipeline Association (TPA) have been working in a collaborative manner to improve communications between the pipeline industry and local municipal governments located in the Barnett Shale production area. This group met on a number of occasions to discuss the issues that surround pipeline routing through municipal jurisdictions. Mayor Mark Burroughs attended these meetings as Denton's representative. The following municipalities participated in the workgroup: Argyle, Arlington, Cleburne, Copper Canyon, Denton, DISH, Flower Mound, Fort Worth, Lewisville, Mansfield, Northlake, and Southlake. Company officials from the following companies also participated: Atmos, Chesapeake Energy, Crosstex, Devon, Enbridge Inc., Energy Transfer, Epco, Quicksilver, Williams E & P, and the Texas Pipeline Association. State and national public officials also participated or sent staff members to participate: State Representatives Tan Parker and Lon Burnham attended personally, and State Senators Davis, Nelson, and Harris sent representatives, and US Congressman Michael Burgess also sent a member of his staff. The results of this collaborate effort was the Best Practices for Pipeline and Municipality Relations. This document is designed to enhance the routing process, through communication and mutual respect. The pipeline industry also adopted a document called General Guidelines for Right Away Acquisition, Construction and Operations. These two original documents were presented to the City Council for review at the March 9, 2010, Work Session. Mayor Burroughs joined several other mayors in sending out a letter asking towns and cities to support the passage of the original resolution and commitment to adhere to these best practices when dealing with pipeline companies. The original resolution and letters were presented to the City Council for review at the March 9, 2010, Work Session. At the March 9, 2010, City Council Work Session, staff was instructed to address certain issues and redraft the wording in the Best Practices for Pipeline and Municipality Relations document, and adopting resolution, to address those issues. Attached is the revised Best Practices for Pipeline and Municipality Relations document and adopting resolution. It should be noted that staff plans to address standards and practices related to gas pipelines in a proposed City ordinance, which will be brought to the City Council in the future. ADA/EOE/AREA www.cityofdenton.com JDD 800-735-2989) 4/1/10 Best Practices for Pipeline and Municipality Relations Resolution Page 2 of 2 RECOMMENDATION Recognizing that certain standards and practices may be addressed by ordinance in the future, staff recommends approval of the revised Best Practices for Pipeline and Municipality Relations document, as a temporary measure, until more specific standards and practices may be adopted by ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commission): City Council Work Session - March 9, 2010 FISCAL INFORMATION: None Respectfully submitted: John Cabrales Jr. Public Information/Intergovernmental Relations Officer Attachments: Pipeline Proposed Resolution (redlined). Pipeline Proposed Resolution (revised). Best Practices for Pipeline and Municipality Relations (redlined). Best Practices for Pipeline and Municipality Relations (revised). General Guidelines for Right of Way Acquisition, Construction and Operations. Pipeline Proposal Cover Letter. Pipeline Proposal Letter. ADA/EOE/AREA www.cityofdenton.com jDD 800-735-2989) cAocuments and settingsJerichar\local settings\temporary internet files\content.outlook\95yned3n\pipeline proposed resolution redline - denton (apr 2010).doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING REGIONAL "BEST PRACTICES" STANDARDS CALCULATED AT FOSTERING IMPROVED INTRASTATE GAS UTILITY-MUNICIPAL RELATIONS WITH REGARD TO THE ACQUISITION AND ROUTING OF PIPELINE RIGHTS-OF-WAY THROUGH INCORPORATED AREAS AND EXTRA TERRITORIAL JURISDICTION AREAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is a duly incorporated municipality located in Denton County, and created in accordance with the provisions of Chapter 8 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the development of the Barnett Shale has necessitated the installation of a comprehensive intra-state pipeline network though which produced hydrocarbons are carried from gas well operators to the public utility system; and WHEREAS, this pipeline network frequently conflicts with the long range comprehensive planning goals of north Texas municipalities and creates hardship for individual property owners affected by pipeline routing; and WHEREAS, in an effort to mitigate the conflict and hardship posed by pipeline right-of- way acquisition and routing the Texas Pipeline Association, a private trade association representing the interests of the intrastate pipelines in Texas, has endorsed the concept of a regional "best practices" policy; and WHEREAS, through the collaborative efforts of many north Texas municipalities and the Texas Pipeline Association and its members, the parties have developed guidelines entitled: "Best Practices for Pipeline and Municipality Relations"; and WHEREAS, the City Council of the City of Denton, reviewed the "Best Practices for Pipeline and Municipality Relations" guidelines developed by this group, and decided to revise these guidelines in an effort to address certain issues, and WHEREAS, the revised non-binding "Best Practices for Pipeline and Municipality Relations" guidelines constitute a series of non-legislative standards setting forth the parties' expectations with respect to pipeline pre-routing, right-of-way acquisition and construction; and WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the best interest of the public health, safety and general welfare to endorse the revised non-binding "Best Practices for Pipeline and Municipality Relations" guidelines attached hereto; and WHEREAS, the City Council of the City of Denton, Texas would further encourage intrastate gas utilities to endorse and commit to the standards set forth in the revised "Best Practices for Pipeline and Municipality Relations" guidelines, with respect to pipeline operations in incorporate areas, NOW, THEREFORE, cAocuments and settings\jerichar\local settings\temporary internet files\content.outlook\95yned3n\pipeline proposed resolution redline - denton (apr 2010).doc THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, does hereby endorse the revised "Best Practices for Pipeline and Municipality Relations" guidelines attached hereto as Exhibit "A". The revised "Best Practices for Pipeline and Municipality Relations" guidelines are not intended to serve as legislation of the City of Denton, Texas, and instead are calculated at fostering improved intrastate gas utility-municipal relations with regard to the acquisition and routing of pipeline rights-of-way through the City. SECTION 2. This Resolution shall be effective from its date of adoption. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 scour documentsVesolutions\Mbest practices pipeline reso.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING REGIONAL "BEST PRACTICES" STANDARDS CALCULATED AT FOSTERING IMPROVED INTRASTATE GAS UTILITY-MUNICIPAL RELATIONS WITH REGARD TO THE ACQUISITION AND ROUTING OF PIPELINE RIGHTS-OF-WAY THROUGH INCORPORATED AREAS AND EXTRA TERRITORIAL JURISDICTION AREAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is a duly incorporated municipality located in Denton County, and created in accordance with the provisions of Chapter S of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the development of the Barnett Shale has necessitated the installation of a comprehensive intra-state pipeline network though which produced hydrocarbons are carried from gas well operators to the public utility system; and WHEREAS, this pipeline network frequently conflicts with the long range comprehensive planning goals of north Texas municipalities and creates hardship for individual property owners affected by pipeline routing; and WHEREAS, in an effort to mitigate the conflict and hardship posed by pipeline right-of- way acquisition and routing the Texas Pipeline Association, a private trade association representing the interests of the intrastate pipelines in Texas, has endorsed the concept of a regional "best practices" policy; and WHEREAS, through the collaborative efforts of many north Texas municipalities and the Texas Pipeline Association and its members, the parties have developed guidelines entitled: "Best Practices for Pipeline and Municipality Relations"; and WHEREAS, the City Council of the City of Denton, reviewed the "Best Practices for Pipeline and Municipality Relations" guidelines developed by this group, and decided to revise these guidelines in an effort to address certain issues; and WHEREAS, the revised non-binding "Best Practices for Pipeline and Municipality Relations" guidelines constitute a series of non-legislative standards setting forth the parties' expectations with respect to pipeline pre-routing, right-of-way acquisition and construction; and WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the best interest of the public health, safety and general welfare to endorse the revised non-binding "Best Practices for Pipeline and Municipality Relations" guidelines attached hereto; and WHEREAS, the City Council of the City of Denton, Texas would further encourage intrastate gas utilities to endorse and commit to the standards set forth in the revised "Best Practices for Pipeline and Municipality Relations" guidelines, with respect to pipeline operations in incorporate areas, NOW, THEREFORE, sAour documentsVesolutionsllMestpractices pipeline reso.doc THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, does hereby endorse the revised "Best Practices for Pipeline and Municipality Relations" guidelines attached hereto as Exhibit "A". The revised "Best Practices for Pipeline and Municipality Relations" guidelines are not intended to serve as legislation of the City of Denton, Texas, and instead are calculated at fostering improved intrastate gas utility-municipal relations with regard to the acquisition and routing of pipeline rights-of-way through the City. SECTION 2. This Resolution shall be effective from its date of adoption. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: L, Page 2 of 2 Best Practices for Pipeline and Municipality Relations Pre-Routing: A. Municipality will designate the department or person with whom pipeline operators should meet prior to obtaining easements and planning of final pipeline route. 1. Municipality will provide a packet of information which includes all ordinances and other planning documents which are applicable to pipelines. Pipeline operators will read all ordinances in advance. 2. Pipeline operators will present municipality with preliminary route(s) of pipelines, as well as accessory quipment including, but not limited to compressing facilities, from origin to terminus within the municipality's corporate boundaries together with fixed routing issues (e.g. known well locations that must be connected, existing right of way considered, required and anticipated issues along the preliminary route known by the pipeline operators to affect the routing). 3. Utilizing the municipalities' existing development review process, municipalities will provide initial development review comments on the preliminary route within a reasonable amount of time. Reasonable time is defined as not longer than two (2) weeks for gathering lines and not longer than four (4) weeks for transmission lines. Pipeline operators agree to respond to the municipality's comments in a reasonable time frame. B. Consistent with the provisions of Section 181.005 b and (c) of the Texas Utilities Code, pipeline operators will comply with the following requirements in determining routes within a municipality: 1. In determining the route of a pipeline within a municipality, a gas corporation shall consider using existing easements and public rights-of-way, including streets, roads, highways, and utility rights-of-way. In deciding whether to use a public easement or right-of-way, the gas corporation shall consider whether: (1) the use is economically practicable; (2) adequate space exists; and (3) the use will violate, or cause the violation of any pipeline safety regulations. j4) the use may require an annual charge for pipeline placement; and (5) the use may require cost recovery hor -public infrastructure damage. 2. Route will be as consistent as practical with existing municipal planning documents and standard utility construction practices for existing and future municipal land uses while respecting private property rights. 3. Both parties will strive for the most direct, cost effective, and time efficient route. 4. The location of pipelines in public rights of way, utility easements or other City owned property not interfere with or damage existing utilities or prevent the installation of master planned municipal infrastructure. 5. Pipeline operators will actively participate in planning of preferred pipeline routes with contiguous municipalities on a project by project basis. Right-of-way Acquisition: A. Pipeline operators will require right-of-way agents to be registered with the Texas Real Estate Commission (TREQ. B. Pipeline operators commit to negotiate in good faith with property owners before resorting to eminent domain. If eminent domain is to be utilized in the corporate city limits of a municipality the pipeline operator will rp Ovlde prior notice to the City Manager or chief administrative official, of the affected municipalit. C. A current copy of the GENERAL GUIDELINES FOR RIGHT OF WAY ACOUISTION, CONSTRUCTION AND OPERATIONS is attached to this document as Attachment A. Construction Phase: A. Municipalities commit, when practical, to grant temporary working easements within public rights of way during construction consistent with existing regulatory authority. B. Pipeline operators will promptly respond to complaints and will provide to the city contact information for a 24-hour representative who can be reached at all stages of construction. C. Pipeline operators will work cooperatively with municipalities in locating ipp eline structures in relations to critical municipal infrastructure. D. Pipeline operators shall only remove trees and other vegetation in a manner that is consistent with local ordinance(s), unless additional removal is demonstrated as being necessary for pipeline safety and/or regulatory compliance. E. Pipeline operators will provide copies of "as built" plans pipeline inventory_ dates, and final pipeline routing maps within the municipality's corporate limits and extra territorial jurisdiction (ETJ) in a format acceptable to the Municipality. These maps will include accessory equipment including, but not limited to, compressing facilities. F. Municipalities and their contractors will commit to use the State's One-Call system when undertaking any excavations in order to avoid damaging pipelines. Desirable: A. Pipeline operators will work with municipalities to employ principles to reduce noise and environmental impact on neighboring residents and businesses, consistent with existing local ordinances. B. When the pipeline operator has the right to do so and it is reasonable to do so, and when it would not unreasonably interfere with operations, the pipeline operator may grant municipalities surface uses in pipeline easements. Exhibit "A" Page I of 2 Best Practices for Pipeline and Municipality Relations 1. Pre-Routing: A. Municipality will designate the department or person with whom pipeline operators should meet prior to obtaining easements and planning of final pipeline route. 1. Municipality will provide a packet of information which includes all ordinances and other planning documents which are applicable to pipelines. Pipeline operators will read all ordinances in advance. 2. Pipeline operators will present municipality with preliminary route(s) of pipelines, as well as accessory equipment including, but not limited to compressing facilities, from origin to terminus within the municipality's corporate boundaries together with fixed routing issues (e.g. known well locations that must be connected, existing right of way considered, required and anticipated issues along the preliminary route known by the pipeline operators to affect the routing). 3. Utilizing the municipalities' existing development review process, municipalities will provide initial development review comments on the preliminary route within a reasonable amount of time. Reasonable time is defined as not longer than two (2) weeks for gathering lines and not longer than four (4) weeks for transmission lines. Pipeline operators agree to respond to the municipality's comments in a reasonable time frame. B. Consistent with the provisions of Section 181.005(b) and (c) of the Texas Utilities Code, pipeline operators will comply with the following requirements in determining routes within a municipality: 1. In determining the route of a pipeline within a municipality, a gas corporation shall consider using existing easements and public rights-of-way, including streets, roads, highways, and utility rights-of-way. In deciding to use a public easement or right-of-way, the gas corporation shall consider whether: (1) the use is economically practicable; (2) adequate space exists; (3) the use will violate, or cause the violation of any pipeline safety regulations. (4) the use may require an annual charge for pipeline placement; and (5) the use may require cost recovery for public infrastructure damage. 2. Route will be as consistent as practical with existing municipal planning documents and standard utility construction practices for existing and future municipal land uses while respecting private property rights. 3. Both parties will strive for the most direct, cost effective, and time efficient route. Exhibit "A" Page 2 of 2 4. The location of pipelines in public rights of way, utility easements or other City owned property may not interfere with or damage existing utilities or prevent the installation of master planned municipal infrastructure. 5. Pipeline operators will actively participate in planning of preferred pipeline routes with contiguous municipalities on a project by project basis. II. Right-of-way Acquisition: A. Pipeline operators will require right-of-way agents to be registered with the Texas Real Estate Commission (TREC). B. Pipeline operators commit to negotiate in good faith with property owners before resorting to eminent domain. If eminent domain is to be utilized in the corporate city limits of a municipality, the pipeline operator will provide prior notice to the City Manager, or chief administrative official, of the affected municipality. C. A current copy of the GENERAL GUIDELINES FOR RIGHT OF WAY ACOUISTION, CONSTRUCTION AND OPERATIONS is attached to this document as Attachment A. III. Construction Phase: A. Municipalities commit, when practical, to grant temporary working easements within public rights of way during construction consistent with existing regulatory authority. B. Pipeline operators will promptly respond to complaints and will provide to the City contact information for a 24-hour representative who can be reached at all stages of construction. C. Pipeline operators will work cooperatively with municipalities in locating pipeline structures in relations to critical municipal infrastructure. D. Pipeline operators shall only remove trees and other vegetation in a manner that is consistent with local ordinance(s), unless additional removal is demonstrated as being necessary for pipeline safety and/or regulatory compliance. E. Pipeline operators will provide copies of "as built" plans, pipeline inventory updates, and final pipeline routing maps within the municipalities' corporate limits and extra territorial jurisdiction (ETJ) in a format acceptable to the Municipality. These maps will include accessory equipment including, but not limited to, compressing facilities. F. Municipalities and their contractors will commit to use the State's One-Call system when undertaking any excavations in order to avoid damaging pipelines. IV. Desirable: A. Pipeline operators will work with municipalities to employ principles to reduce noise and environmental impacts on neighboring residents and businesses, consistent with existing local ordinances. B. When the pipeline operator has the right to do so and it is reasonable to do so, and when it would not unreasonably interfere with operations, the pipeline operator may grant municipalities surface uses in pipeline easements. TEXAS PIPELINE ASSOCIATION GENERAL GUIDELINES FOR RIGHT OF WAY ACQUISTION, CONSTRUCTION AND OPERATIONS While building and operating the necessary infrastructure to transport natural gas and liquid hydrocarbon products which provide for the critical energy needs of Texas and beyond, member companies of the Texas Pipeline Association, and their representatives, commit to maintain safe operations, respect landowners and communities, and be responsible stewards of the environment. Texas Pipeline Association member companies and their representatives also commit to conduct their business in accordance with the following guidelines: Communication • Establish and maintain communication with landowners and communities. • Provide landowners with appropriate company contact information during right of way acquisition, construction, and operations. Right of Way Acquisition • Communicate to landowners and to public officials, as appropriate, the scope and purpose of proposed projects, and the processes involved in construction, operation and maintenance of facilities. • Strive to reach right of way acquisition agreements with landowners by negotiating in good faith with honesty and fairness. • Respect landowners' property. • Assure company employed and contract right of way agents hold a current certificate of registration from the Texas Real Estate Commission. Construction • Be respectful of construction impact on community activities and attempt to minimize construction effects on community activities. • Practice good housekeeping on landowners' property, including protection of livestock and wildlife • Timely restore construction site in compliance with contractual obligations. Operations • Conduct operations in accordance with state and federal regulations. • Strive to communicate with landowners prior to any significant maintenance operations on their property. • Train personnel in safe operation practices and conduct emergency planning when appropriate. • Apply appropriate engineering standards for our facilities and operations. Finally, the member companies will provide these guidelines to all employees and representatives involved in Right of Way Acquisition, Construction and Operations to promote commitment and compliance with these guidelines. 215 E. WK1NNEY DENT®N, TEXAS 76201 • (940) 349-7717 FAX (940) 349-8236 I February 26, 2010 RE: Request for Adoption of Best Practices for Pipeline and Municipality Relations Resolution Dear Mayor: Enclosed is a proposed Municipal Resolution (with its own attachments) for you and your City to consider, plus a cover letter of endorsement signed by several Mayors of cities in the northern part of the Barnett Shale region of Texas. Please consider the Mayors' endorsement and have your city/town councils consider supporting the Best Practices for Pipeline and Municipality Relations. All of our cities and towns face difficult interactions with gas transmission companies and their placement decisions. The enclosed Resolution should help to avoid adverse consequences of non-cooperation between municipalities impacted by the Barnett Shale and those gas transmission entities by setting out preferred course of conduct for gas line routing decision making. Thank you for your time and thoughtful consideration of our work product. Please call me or any of the Mayors signing the endorsement letter. Sincerely, Mark Burroughs Mayor "Dedicated to Quality Service" www.cityofdenton.com Cities Impacted by the Barnett Shale February 26, 2010 To: Barnett Shale Cities RE: Request for Adoption of Best Practices for Pipeline and Municipality Relations Resolution Dear Mayor: A group of public officials and members of the Texas Pipeline Association (TPA) have been working in a collaborative manner to improve communications between the pipeline industry and local municipal governments located in the Barnett Shale. This group met on a number of occasions to discuss the issues that surround pipeline routing through municipal jurisdictions. The following municipalities participated in the workgroup: Argyle, Arlington, Cleburne, Copper Canyon, Denton, DISH, Flower Mound, Fort Worth, Lewisville, Mansfield, Northlake, and Southlake. Company officials from the following companies also participated: Atmos, Chesapeake Energy, Crosstex, Devon, Enbridge Inc., Energy Transfer, Epco, Quicksilver, Williams E & P, and the Texas Pipeline Association. State and national public officials also participated or sent staff members to participate: State Representatives Tan Parker and Lon Burnham attended personally, and State Senators Davis, Nelson, and Harris sent representatives, and US Congressman Michael Burgess also sent a member of his staff. The results of this collaborate effort was the Best Practices for Pipeline and Municipality Relations. This document is designed to enhance the routing process, through communication and mutual respect. The pipeline industry also adopted a document called General Guidelines for Right Away Acquisition, Construction and Operations. These two documents are attached for your review. We are asking you to adopt a resolution showing your town's/city's support and commitment to adhere to these best practices when dealing with pipeline companies. For your convenience attached is Resolution 09-06, adopted by the town of DISH, Texas. You may also contact the town of DISH for an electronic copy of this resolution. The following public officials are in support of this document: Calvin Tillman, Mark Burroughs, Mayor, DISH, TX Mayor, Denton, TX Cities Impacted by the Barnett Shale Letter Page 2 of 3 Sue Tj eml, Pete Dewing, Mayor, Copper Canyon, TX Mayor, Northlake, TX Erich Ransleben Connie White Mayor, Krugerville, TX Mayor, Trophy Club, TX Carl "Scooter" Gierish Terri Wilson Mayor, Roanoke, TX Mayor, Krum, TX Jody Smith Mike Donnelly Mayor, Flower Mound, TX Mayor, Double Oak, TX F - V Joe Higgs Paul Ruggiere Mayor, Sanger, TX Mayor, Corinth, TX ~ a i~ (VY r Harv Kitchens Greg Landrum Mayor, Cross Roads, TX Mayor, Argyle, TX Gary Hammett Ron Branson Mayor, Aubrey, TX Mayor, Carrollton, TX Cities Impacted by the Barnett Shale Letter Page 3 of 3 Mike Schnittker Olive Stephens Mayor, Lakewood Village, TX Mayor, Shady Shores, TX (Signature not available) Ron Robertson Mayor, Bartonville, TX This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of performing music during the 2010 Relay for Life, to be held at the University of North Texas Fouts Field beginning at 3:00 p.m. on Saturday April 17th until 6:00 a.m. on Sunday, April 18th. The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 dBs and for amplified sound on Sunday until 6:00 a.m. Staff recommends approving the request. BACKGROUND Relay for Life is sponsored by the American Cancer Society and gives everyone in local communities a chance to celebrate the lives of people who have battled cancer, remember loved ones lost, and fight back against the disease. At the Relay, teams of people will camp out at Fouts Field and take turns walking or running around a track. Each team is asked to have a representative on the track at all times during the event. Because cancer never sleeps, Relays are overnight events and are up to 24-hours in length. PRIOR ACTION/REVIEW (Council, Boards or Commission) This is a first time request from Relay for Life to host an overnight event. In past years, the event began on Saturday morning and concluded at midnight. RECOMMENDATION Staff recommends approving the noise exception request. EXHIBITS 1. Letter of Request Respectfully submitted: bawp*ow Emerson Vorel, Director Parks and Recreation Department Prepared by: Y n oCommunity Events Coordinator y 4 , T ~ RELAY FOR LIFE MW 2010 Relay For Life Denton TX April 17, 3:00 p.m. - April 18, 6:00 a.m. at University of North Texas Janie - As discussed, the 2010 Relay for Life in Denton will be an overnight event this year. We will be at Fouts Field on the LINT campus from 3:00pm Saturday, April 17"' until 6:00am Sunday, April 1e. Please consider this my request for an exception to the City of Denton noise ordinances for the event. While I don't anticipate any problems, I just want to make sure we're covered. Nothing is expected to be over 75 decibels. If you have questions or need additional information, please feel free to contact me at 972.459.1419 or 940.367.0990 (cell). Teresa Dillard Logistics Chair, 2010 Denton Relay Denton Relay for Life Home Page http://main-acsevents.org/site/TR?k-id=24051 &pg=entry CITY OF DENTON CITY COUNCIL MINUTES February 16, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 16, 2010 at 2:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem Kamp, Council Member Gregory, Council Member Mulroy and Council Member Watts. ABSENT: Mayor Burroughs, Council Member Engelbrecht, Council Member Heggins. 1. Requests for clarification of agenda items listed on the agenda for February 16, 2010. Council Member Gregory asked about Consent Agenda Item 3C and the statement in the backup materials that the total cost of the contract was not known at this time. Bryan Langley, Director of Finance, stated that staff had been working on this project for a number of months. The initial phase was a needs assessment and gap analysis. The contract on this agenda was the actual implementation of the contract. Temporary IT and accounting staff would be used to implement the project and those costs were not known at this time. Council Member Mulroy noted that he would be abstaining from Consent Agenda Item M and would be asking for separate consideration of Consent Agenda Item N. 2. Receive a report, hold a discussion, and give staff direction regarding the FY 2008-09 Comprehensive Annual Financial Report and annual audit. Bryan Langley, Director of Finance, stated that the overview and purpose of this item was to discuss the CAFR report sections, provide a review of the accounting basis and financial statement presentation, discuss key financial information, discuss the audit process and comments, and provide an opportunity for the auditor to discuss the financial statements. Report Overview - The CAFR consisted of three distinct sections. The report had been designed to comply with GAAP/GASB guidelines. Council Member Heggins arrived at the meeting. Financial Presentation - Governmental funds used a modified accrual and current financial resources management focus. Proprietary funds used full accrual accounting and economic impact of debt issuance and payments. Individual fund level presentations were dictated based on whether the funds were governmental or proprietary in nature. Key Financial Information - The net assets for the City increased by $22.9 million in FY 2009. The combined governmental fund balances decreased by $17.8 million. The General Fund unreserved/undesignated fund balance was $22.8 million, a decrease of $2.6 million from the prior year. Audit Comments - The City received an unqualified or "clean" opinion from the audit firm. The audit firm, Weaver, did provide recommendations for one improvement regarding Compensated Absences calculation. Management agreed with the recommendation and began a process several City of Denton City Council Minutes February 16, 2010 Page 2 months ago to record all leave balances in the 7D Edwards financial system. Management would continue to evaluate whether further utilization of the 7DE system was warranted. 3. Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2010-11 Budget and Five Year Financial Forecast. Bryan Langley, Director of Finance, stated that the overview and purpose of this item was to review the adopted FY 2009-10 long-term financial plan, discuss possible changes to assumptions for the long-term financial forecast, review the preliminary FY 2010-11 five year financial forecast, discuss strategies to resolve budget issues, review the preliminary GO debt service fund forecast and next steps needed. FY 2009-10 Long Term Plan - Langley presented information on the FY 2009-10 assumptions and FY 2009-10 adopted general fund five year forecast. He provided a summary of adopted assumptions for appraised value growth, sales tax growth, compensation, health insurance, tax rate/$100 and future bond sales. Potential Changes to Assumptions - Langley reviewed the current fund balance, the sales tax, and appraised values. The fund balance was approximately $948K more than previously forecasted. It was expected to remain above the target level over the short term. Information on the FY 2008-09 monthly changes in sales tax was presented. The sales tax budget of $21.475 million for FY 2009-10 now appeared unattainable. The revised estimate for FY 2009-10 was $19.443 million. This would severely affect multiple years in the financial plan. Appraised Values - Preliminary Appraisal District information indicated most properties would not increase in value. Commercial properties were expected to decline by 10%. Combined with lower new construction values, overall property values were forecasted to fall by 1.6% in FY 2010-11. Future appraised value growth estimates needed to be revised due to moderate recovery estimates. Those figures would be 2% for 2011-12, 3% for 2010-13 and 4% each year thereafter. Preliminary FY 2010-11 Forecasts - Langley presented information on cost reductions for FY 2009-10, Efficiency Team recommendations, preliminary FY 2010-11 forecasts, gas well fund recommendations, and other considerations. FY 2009-10 Cost Reductions - the FY 2009-10 adopted budget projected a $3.9 million decline in fund balance. Due to economic slowdown, staff had implemented a number of initiatives to reduce costs including a hiring/reclassification freeze, suspension of non-essential travel, and implementing some Efficiency Team recommendations before the end of the fiscal year. Due to revenue declines, the fund balance decline was still anticipated to approach $3.5 million by year end. Efficiency Team - the FY 2009-10 adopted long term plan contemplated the need for expenditure reductions in the future years. To realize these savings, an efficiency team was created to identify potential savings and efficiencies across the city. The goal was to identify at least $500,000 in annual savings for the General Fund but initiatives were organizational wide in nature. One recommendation was to implement a cell phone stipend program in lieu of city provided phones and reduce number of cell phones. A second recommendation was to delay the City of Denton City Council Minutes February 16, 2010 Page 3 purchase of PCs/reduce the cost for future purchases. The elimination of payroll check/ direct deposit printing and distribution services was another recommendation. Incorporation of the recycling collection process into the existing janitorial services contract was also proposed. Other recommendations included the elimination of funding for mowing of the rail trail; renegotiate copier contract lease rates; and recognize anticipated savings from the installation of more energy efficient windows in City Hall. Total General Fund savings were estimated to be over $539K and approximately $697K for the entire city annually. The Efficiency Team suggested approximately 45 potential topics which were divided into Phase I and Phase II categories for consideration. Phase II projects would be evaluated over the next several months and could include use of equipment pools/reduce the number of vehicles, management of printing costs, full cost recovery fee analysis, and reduction in work week/closure of facilities. Council Member Mulroy suggested that Council look at their budget and expenditures and lower those also. Gas Well Funds - Council discussed the use of gas well funds in a December 15th work session. Due to revised General Fund financial projects, staff was recommending that the Airport Gas well funds be transferred to the General Fund which represented repayment of GF subsidy; the $500K property and sales tax transfer to the Non-Airport gas well fund be discontinued; and the Non-Airport gas well fund balance be used to pay potential General Fund one-time costs. Council Member Watts requested that Legal provide a memo on what restrictions were on that money and why. Other considerations included the recent annexations were not specifically included in the current forecast, the long term financial plan did not address the lack of funding for infrastructure and a long term strategy needed to be developed to eliminate annual deficits and provide additional resources. Future strategies for the General Fund revenue and expenditure components and possible strategies were discussed. Due to the composition of expenditures, significant reductions could not be made without affecting personnel and/or service delivery. Revenues that could be directly increased by the City Council were limited primarily to property taxes and user fees. Efficiency improvements and minor adjustments to spending would not be sufficient to correct structural funding imbalances in the General Fund. Langley reviewed a number of other possible considerations for reductions in expenditures. GO Debt Service Fund- Langley reviewed the updated long term forecast and assumptions and the planned future bond sales and potential issues. No tax rate increase for GO debt service fund was recommended. The lower property tax growth assumptions had significant impact on debt service capacity and the appraisal growth assumptions mirrored those in the General Fund. Staff was recommending issuing $7.M in GO and $4.5 in CO bonds in the spring of 2010. Debt for the public safety training facility was scheduled to be sold in FY 2011-12 but the feasibility would depend on appraised valued. The future size and timing of GO bond elections would be dependent on economic factors. An additional $10 - $15 million in debt may be needed for local match on TxDOT projects. City of Denton City Council Minutes February 16, 2010 Page 4 Next steps - Langley reviewed the budget calendar for next several months and the processes that would be included in those months. 4. Receive a report, hold a discussion, and give staff direction regarding a proposed amendment to the Denton Development Code, Section 35.14.3(B), regarding parking in the Central Business District. Brian Lockley, Development Review Administrator, stated that this was a -follow up discussion to an earlier presentation to Council. To prevent new developments from being constructed without providing adequate off-street parking before completion of the Downtown Implementation's parking component, staff was recommending that Section 35.14.3(B) of the Development Code be repealed. Currently, development of property within the Central Business District was exempt from the requirement to provide additional parking spaces which only contributed to a lack of parking in that area. This issue was presented to the Planning and Zoning Commission and while they agreed with the need for the Development Code amendment, the Commissioners felt that the amendment should not cover the entire Central Business District but rather be limited to new development within a block of the Downtown Square area. Commissioners were also concerned with parking standards being required by all developments that required a Certificate of Occupancy. Mayor Burroughs arrived at the meeting. Lockley continued with how the proposed amendment could be applied without discouraging development in the Downtown area. Originally it was determined that the amendment would apply whenever there was a change in land use that required a certificate of occupancy as well as for all new construction in the Central Business District. However, it was felt that it might place an unintended burden on existing businesses. Staff was now proposing that the amendment apply for any use where new construction was proposed, for any use where redevelopment of an existing site was proposed, for any use where expansion of the existing structure was proposed or for any change in use where the new use was more intense than the use it was directly replacing. Council discussed whether the amendment should be for the entire Central Business District or just the area connected with the Downtown Implementation Plan, the fact that this amendment would be an interim measure until the completion of the parking portion of the Downtown Implementation Plan, whether the amendment should apply to residential construction or just commercial construction, and how it would apply to commercial construction with residential located above it. After discussion, Council suggested rewording the amendment to state that development or redevelopment of property within the Central Business District would be exempt from the requirement to provide any additional parking spaces, for all land use classifications other than those listed within the Residential Land Use Categories, if permitted within the zoning district approved for that location. Following the completion of the Work Session, the Council convened into a Closed Session at 3:55 p.m. to discuss the following: City of Denton City Council Minutes February 16, 2010 Page 5 1. Closed Meeting: A. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087, and Deliberations regarding real property - Under Texas Government Code Section 551.072. 1. Receive a report and hold a discussion regarding legal issues on matters regarding the leasing of land, financing and contractual matters of a city facility on University of North Texas property located at I-35 and North Texas Blvd. The discussion shall include financial information the City Council will review, including the offer of financial or other incentives. This discussion is held in which the duty of the attorney to the governmental body under the Texas Disciplinary rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. B. 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. C. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Consider and discuss status of a claim against the City of Denton by Dustin Epting. 2. Consultation, discussion, deliberation, and receipt of information from the city's attorneys involving legal matters relating to the award of competitive City of Denton City Council Minutes February 16, 2010 Page 6 sealed bids for goods and services pursuant to Chapter 252 of the Texas Local Government Code where 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. 3. Receive a briefing and status report from the City's attorneys regarding the litigation entitled The City of Denton, Texas v. The University of North Texas, Cause No. 2008-20043-158, now pending before the 158th Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. D. Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive a briefing, discuss and deliberate regarding the status of the activities required to close the pending Texas Municipal Power Agency ("TMPA") litigation entitled Ex Parte Texas Municipal Power Agency I, Cause No. D-1- GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; Ex Parte Texas Municipal Power Agency 11, Cause No. D-1- GN-08-003693, in the 261st Judicial District Court in and for Travis County, Texas; and Texas Municipal Power Agency, Plaintiff v. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, pending in the 506th Judicial District Court in and for Grimes County, Texas; as well as the steps necessary to proceed to an order dismissing each of the said TMPA cases and the Public Utilities Commission of Texas proceedings as to all parties; discuss and deliberate several public power issues involved with the above-referenced TMPA litigation. Receive a briefing and status report from the City's attorneys regarding said pending TMPA litigation. Provide the City's attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Receive a presentation from DME staff, discuss, deliberate and consider possible changes to the ECA Rate Rider to the electric rate ordinance, which issues are public power utilities competitive and financial matters. Receive legal advice from the City's attorneys regarding possible changes to the ECA Rate Rider. Provide the City's attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Minutes February 16, 2010 Page 7 Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded that Item D.I. was appropriate to meet in Closed Session under competitive matters for certain public power utilities. On roll call vote, Council Member Heggins "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy, Council Member Watts and Mayor Burroughs "aye". Motion carried unanimously. The Council convened in a regular meeting in the City Chambers at 6:30 p.m. Council Member Watts left the meeting. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. IHOP-Shriners Hospital proclamation 2. Severe Weather Awareness Week in Denton Mayor Burroughs presented the proclamations for the IHOP-Shriners Hospital and Severe Weather Awareness Week. 3. Resolution of Appreciation for Jim Witt This item was not considered. 3. CONSENT AGENDA Mayor Burroughs noted that Item N would not be considered and Item M would be pulled for separate consideration. Council Member Mulroy motioned, Council Member Gregory seconded to approve the Consent Agenda and accompanying ordinances with the exception of Item M and N. On roll call vote, Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-044 A. Consider adoption of an ordinance amending Section 22-38 of Chapter 22 Parks and Recreation of the Code of Ordinances of the City of Denton, Texas, relating to facility and program fees by adopting a schedule of fees; repealing all fees in conflict with such schedule, repealing Ordinance No. 2009-224 and all ordinances in conflict with the new schedule of fees; and providing an effective date. The Parks, Recreation and Beautification Board recommend approval (4-0). City of Denton City Council Minutes February 16, 2010 Page 8 Ordinance No. 2010-045 B. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $508,185 to allow for the purchase of a Fixed Asset module in the JD Edwards Financial System and a Municipal Court Software System; and providing an effective date. Ordinance No. 2010-046 C. Consider adoption of an ordinance to the City of Denton, Texas authorizing the City Manager to execute a professional services agreement between the City of Denton and MarketSphere Consulting, LLC for implementation of a JD Edwards Fixed Asset and Job Cost Functionality software module in the JD Edwards financial system; authorizing the expenditure of funds; and providing an effective date (RFSP 4442-JD Edwards Fixed Asset Implementation and Increased Job Cost Functionality awarded to MarketSphere Consulting, LLC in an amount not to exceed $252,340). Ordinance No. 2010-047 D. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Carrollton under Section 271.102 of the Local Government Code, for the purchase of Incode Software for the City of Denton Municipal Court; providing for the expenditure of funds therefor; and providing an effective date (File 4465- Interlocal Agreement for Incode Software for Municipal Court with the City of Carrollton, contract awarded to Tyler Technologies, Inc. in the amount of $258,185). Ordinance No. 2010-048 E. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a covered parking structure for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4430-awarded to the lowest responsible bidder meeting specification, Links Construction, LLC, in the amount of $331,700). The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-049 F. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a 42-inch water transmission main from Scripture Street north along Bonnie Brae to West Windsor Drive and over to Loop 288; providing for the expenditure of funds therefore; and providing an effective date (Bid 4466-awarded to the lowest responsible bidder meeting specification, SJ Louis Construction of Texas, LTD in the amount of $4,670,710). The Public Utilities Board recommends approval (7-0). City of Denton City Council Minutes February 16, 2010 Page 9 Ordinance No. 2010-050 G. Consider adoption of an ordinance of the City of Denton, Texas, appointing Robin A. Ramsay as Presiding Judge for the City of Denton Municipal Court of Record; establishing term of office for the Municipal Judge in accordance with applicable state statutes; providing for renewal and extension of term absent specific action by Council; authorizing the Mayor to execute an employment agreement for term of office; ratifying terms of the employment agreement; and declaring an effective date. Ordinance No. 2010-051 H. Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving a renewal of Beneficial Reuse Water Contract by and between the City of Denton, Texas and the Oakmont Management Corp.; providing for the City Manager's execution thereof, providing for the expenditure of funds therefor; providing for retroactive ratification and approval thereof, and providing an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-052 1. Consider adoption of an ordinance authorizing the City Manager to approve a first amendment to an Airport Lease dated December 1, 1989 between the City of Denton, Texas and David Smith at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (7-0). Ordinance No. 2010-053 J. Consider adoption of an ordinance authorizing the City Manager to approve a First Amendment to an Airport Lease dated December 1, 1989 between the City of Denton, Texas and William Evans at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (7-0). Ordinance No. 2010-054 K. Consider adoption of an ordinance authorizing the City Manger to approve a first amendment to an Airport Lease dated December 1, 1989 between the City of Denton, Texas and Tony Montgomery at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (7- 0). Ordinance No. 2010-055 L. Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Estoppel certificate with Justin State Bank as requested by Hangars Plus L.L.C./Tony Montgomery to accommodate a mortgage loan secured with the hangar constructed at 4800 Lockheed Lane; and providing an effective date. The Airport Advisory Board recommends approval (7- 0). City of Denton City Council Minutes February 16, 2010 Page 10 Ordinance No. 2010-056 M. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Denton Community Theatre, Inc. from the Downtown Incentive Grant Program not to exceed $8,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (6-0). Council Member Mulroy left the meeting with a potential conflict of interest. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Heggins "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. This item was not considered. N. Consider adoption of an ordinance of the City of Denton, Texas amending the Denton Municipal Electric Rate Ordinance contained in Ordinance No. 2009-218, solely as to Rate Rider ECA (Energy Cost Adjustment); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (5-0). The minutes noted below were approved. 0. Consider approval of the minutes: January 19, 2010; February 1, 2010; February 2, 2010 Council Member Mulroy returned to the meeting. 4. PUBLIC HEARINGS Ordinance No. 2010-057 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. Bob Tickner, Park Planning Administrator, stated this item dealt with the sale of the Denton Branch Rail Trail to DART for commuter rail operations. Chapter 26 of the Texas Parks and Wildlife Code required a public hearing to determine no other alternatives were available for use of the property. Staff had reviewed the request and all alternatives and recommended approval. The Parks Board had also considered the item and recommended approved. The Mayor opened the public hearing. The following individuals spoke during the public hearing: City of Denton City Council Minutes February 16, 2010 Page 11 Robert Donnelly had questions regarding the relationship among the entities. Bob Clifton, 1800 Morse, Denton, 76205 - spoke in opposition. The Mayor closed the public hearing. Council Member Heggins motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 2 (NR-2) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12, (NRMU-12) zoning district classification and use designation, and repealing Ordinance No. 87-113 allowing Specific Use Permit 5-193 for a Girl Scout Council office/headquarters and activity/training center and Ordinance No. 87-154, an amendment of Ordinance 87-113; for approximately 5.2 acres of land located at 4000 W. University Drive, legally described as Ranch Estates, Block E (SW corner), in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000 for violations thereof, providing a severability clause and an effective date. (Z09-0011) The Planning and Zoning Commission recommends denial of this request (6-1). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. Mayor Burroughs indicated that Item 4B and 4C required a supermaj ority vote by Council which could not be obtained because two members were absent. He indicated that he would not be opening the public hearing on 4B and would be receiving direction on how to proceed on 4C. City Manager Campbell stated that staff was suggesting Council remand Item 4B back to the Planning and Zoning Commission without holding the public hearing. Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to remand Item 4B back to the Planning and Zoning Commission without holding the public hearing. On roll call vote, Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, with an overlay district; on approximately 15.3 acres of land located west of Stuart Road and approximately 600 feet northwest of the intersection of Windsor Street and Stuart Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z08-0016). The Planning and Zoning Commission recommends approval of the request (4-2). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. City of Denton City Council Minutes February 16, 2010 Page 12 Mayor Burroughs indicated that Council would not be considering this item but would open the public hearing and continue it to the March 2nd meeting. The Mayor opened the public hearing. Council Member Gregory motioned, Council Member Heggins seconded to continue the public hearing on this item to the March 2nd council meeting. On roll call vote, Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2010-058 A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an Agreement Regarding Exercise of Option to Repurchase Rail Corridor, as appropriate, 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. City Attorney Burgess indicated that approval of this agreement would allow the Denton Rail corridor transfer to DART and DCTA for use of the corridor for passenger rail service to Denton. The agreement preserved the city's pipeline easement in the corridor. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-059 B. Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $65,000,000 in principal amount of "City of Denton Combination Tax and Revenue Refunding Bonds, Series 2010"; establishing parameters for the redemption of certain outstanding obligations of the City; authorizing the issuance of the bonds; levying an annual ad valorem tax and providing for the security for and payment of said bonds; approving and authorizing instruments and procedures relating to said bonds; and enacting other provisions relating to the subject. Bryan Langley, Director of Finance, stated that the TMPA provided electric power to Denton. The TMPA member cities and TMPA have agreed to a power sales agreement and reviewed the details of that agreement. The other member cities had already approved the agreement as well as TMPA. City of Denton City Council Minutes February 16, 2010 Page 13 Council Member Heggins motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. C. Consider appointments to the following Boards and Commissions: 1. Construction Advisory & Appeals Board 2. Human Services Advisory Committee No nominations/appointments were made at this meeting. D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Frenchy Rheault regarding GDAC membership month. Mr. Rheault was not present at the meeting. b. Bob Clifton regarding Fry Street. Mr. Clifton spoke regarding his petition to purchase the block of Oak, Fry, Hickory and Welch and the upcoming meeting with developer of the proposed development on Fry Street. c. Katie Humphries regarding library funding. Ms. Humphries was not present at the meeting. d. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present at the meeting. e. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. f. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. City of Denton City Council Minutes February 16, 2010 Page 14 g. Robert Donnelly regarding drainage. Mr. Donnelly spoke again about his concerns regarding drainage from the proposed Medpark Train Station. He presented pictures of the area with the drainage issues. E. 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 did not have any items. F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 7:47 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 1, 2010 After determining that a quorum was present, the City Council toured two of three North Texas Transit Oriented Developments (TOD's) on Monday, March 1, 2010, departing from the City Hall parking lot, at 9:45 a.m., at which the City Council received a report, held a discussion, and gave staff direction at each respective site. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Mulroy, and Council Member Watts. The City Council visited the following locations: 1) South Irving Station, 201 Rock Island Rd., Irving, TX 75060; 2) Downtown Plano Station, 1001 E. 16th St., Plano, TX 75086; 3) Future Downtown Denton Transit Center, 604 E. Hickory, Denton, TX 76201 Staff in attendance: George Campbell, City Manager; Anita Burgess, City Attorney; Howard Martin, Assistant City Manager; Fred Greene, Assistant City Manager; Mark Nelson, Director of Transportation; Ron Menguita, City Planner; Julie Glover, Main Street Manager; John Cabrales, Public Information/Intergovernmental Relations Officer; Lindsey Baker, Assistant to the City Manager; Rick Leisner, Consultant with Jacobs. Mayor Burroughs convened the meeting in Irving, TX at 10:35 a.m. Mark Nelson, Director of Transportation, discussed the Irving Downtown Station as it relates to the rail platform and Americans with Disabilities Act (ADA) requirements, the types of rail cars used in Irving compared to what Denton County Transportation Authority (DCTA) has purchased, Irving's use of a clock tower, and plaza landscaping which directs pedestrians to the downtown area. The purpose of the TOD tour with Council in Irving was to demonstrate how the Irving downtown development relates to the transit station and to compare the development energy in the Irving TOD to the Plano TOD and what Denton envisions through the Downtown Implementation Program (DIP) process. The Mayor closed the meeting at 10:45a.m. and departed the Irving Downtown Station for the Plano Downtown Station. The Mayor re-convened the meeting at the Plano Downtown Station at 11:30 a.m. Phyllis Jarrell, Director of Planning for the City of Plano, greeted the Mayor and City Council next to the Dallas Area Rapid Transit (DART) rail platform at the Plano Downtown Station. Jarrell provided a description and overview of the Downtown Plano Station, including the design of the station, prevalent artwork, and parking. Nelson pointed out design elements and characteristics that are unique to DART. Nelson also discussed the platform loading process in Plano compared to that in Irving and how it relates to the Denton vision. City of Denton City Council Minutes March 1, 2010 Page 2 Council and staff proceeded to the Plano Centre banquet facility and received a presentation by Jarrell. She discussed the Plano Downtown TOD, scale of redevelopment, history of the area, public/private partnerships, incentives provided for redevelopment opportunities, placement of shared dumpster facility, and existing bike lanes. Council Members engaged in brief discussion regarding the need of flexibility in ordinances regarding infill and redevelopment and past successes of downtown development. Council Members Engelbrecht and Gregory requested information on economic development in downtown Denton and a brief overview of past successes in area. Due to inclement weather, a tour of the Downtown Transit Center at 604 E. Hickory in Denton was cancelled. The Mayor closed the meeting at 12:45 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITYOF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 2, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 2, 2010 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tern Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Mulroy and Council Member Watts. ABSENT: Council Member Heggins 1. Requests for clarification of agenda items listed on the agenda for March 2, 2010. Council Member Mulroy discussed Item 4A. He indicated that he would like the process to be as flexible as possible to avoid having to send a proposal to the Board of Adjustment. However, he was concerned that due to the short time frame, the flexibility might not be achieved. Brian Lockley, Development Review Administrator, stated that staff had looked at how to apply the regulations both for commercial developments such as restaurants and residential development. Staff was looking at the issue in terms of non-residential uses. Council Member Mulroy felt that the non-residential should remain in place is it currently was written. Mark Cunningham, Director of Planning and Development, stated that the language in the Code could be amended rather than repealed to indicate that residential would still be required to meet the parking requirements but commercial would be exempt for additional parking spaces in the interim. Council discussed the aspects of the proposed changes in terms of multi-family use, commercial uses with residential uses above the commercial, the interim aspect of the proposed amendment and how long the interim changes would be in effect. Cunningham stated that staff would amend the ordinance and during the public hearing would offer new wording to reflect the Council's comments. Council Member Mulroy requested that Consent Agenda Item 3A not be considered. 2. Receive a report and hold a discussion regarding Annexation Plans to initiate the Involuntary Annexation of approximately 1,594 acres, located in the City's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of three (3) distinct areas, as presented in Exhibits 1, 2 and 3. The 3 areas are identified and generally located as follows: (A10-0002 - 2010 Annexation Plan) a. DH-7: Approximately 143 acres, generally located on the east and north side of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive; b. DH-9: Approximately 298 acres, generally located north of Pockrus Page Road, north, south and northeast of Edwards Road; and City of Denton City Council Minutes March 2, 2010 Page 2 c. DH-12: Approximately 1,153 acres, generally located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, east and west of S. Trinity Road. Mark Cunningham, Director of Planning and Development, presented an overview of the background of the proposed annexations, the annexation plan, the annexation plan process and recommendation. Staff was currently reviewing 15 areas that were not required to be placed in an annexation plan as there were not more than 100 lots in the annexation area. He reviewed the locations of each of the three areas and the annexation plan process and the dates involved with the plan. Residents in the proposed areas were able to negotiate for services. Staff s recommendation was to adopt separate annexations plans for the three areas which would be presented at a future council meeting for action. Council Member Engelbrecht asked if staff would be presenting a schedule of dates for the annexation time frame. Lockley replied correct and that it would be similar to the prior annexation schedule. Council Member Engelbrecht questioned where that information would be available for the public, especially for people in those areas. Lockley stated that the inventory of services and facilities would be placed on the website and that there would be a link to the annexation plan which would remain on the website until after the annexation was completed. 3. Receive a report, hold a discussion and give staff direction regarding possible revisions to utility customer credit and collection policies. Ethan Cox, Customer Service Manager, presented background information on the item. During the May 2008 Management Review, the city's bad debts were characterized as high especially for a utility of this size. Approximately 30.7 days elapsed before billed amounts were converted to cash. Uncollectible debt to billed revenue was 0.42%. Council Member Mulroy stated the due date needed to be reviewed as it was very aggressive especially for residential customers. He also noted that a normal commercial billing cycle was 30 days and questioned why it was different in Denton. He suggested doing something which would fit the mainstream and then look at penalties for overdue accounts. Cox continued with the challenges with the current process including inconsistent credit screening, collection timeline and inadequate deposit coverage lead to bad debt, customer treatment was the same despite credit and payment history, a lack of clear guidelines led to inconsistent decision making, and the ordinance and business practices were not aligned. Revenue Collection Strategy- In July 2009 Customer Service partnered with Navigant to create a collection strategy which treated customers based on credit risk, encouraged prompt payment, and reduced uncollectible bad debt. He reviewed the current customer and credit issuance City of Denton City Council Minutes March 2, 2010 Page 3 process and the proposed process. A cosigner or letter of good standing for residential customers with fair or insufficient credit would be accepted. For commercial customers, an irrevocable letter of credit would be accepted in lieu of a deposit. Council Member Watts asked about the amount of the deposit required for the commercial accounts. Cox replied that 1/6th of the annual billing amount had been proposed. He continued with the current collection timeline noting that delaying non-pay disconnects contributed to a longer wait for revenue. A deposit of 1/6th annual billing did not adequately cover delinquent amounts as of disconnect date. Council Member Watts asked about the notices regarding past due bills. Cox stated that the first notice was an automated phone call, the second was a written notice followed by a second automated phone call. The deposit for the current billing cycle was hard to do and needed to be addressed. Mayor Burroughs asked about people who had a hard time paying a deposit and whether there was a program to help them with the deposit. Cox replied that there was the "Plus One" program and other outside agencies which helped customers with their utility bills. He reviewed the proposed process for active customer credit rating and the proposed collection timeline. Council discussed shortening the time frame for late notices and what was an adequate amount of penalty for being past due. Cox presented the deposit refunds current process and proposed process. He also presented information on requesting additional deposits for the current process and the proposed process. In summary, Cox indicated that staff would like to change the ordinance and processes to implement regular credit checks and ratings, deposit decisions would be based on customer credit/risk, adjust collection timeline based on customer risk, request additional deposit based on credit rating, and refund excess deposits based on the credit rating. Mayor Burroughs suggested that prior to implementation, each of the topics raised with questions would be considered and then allocate which ones would be put in the ordinance and which ones would be put in the policy. He indicated that Item L will be pulled and not considered so that staff could adjust the ordinance and policies per this discussion. The Council convened in Closed Session at 6:10 p.m. to discuss the following: 1. Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071. City of Denton City Council Minutes March 2, 2010 Page 4 1. Receive a briefing and report from the City's attorneys regarding the litigation entitled City of Denton, Texas v. Range Resources Corporation, Range Operating Texas, LLC, Stroud Energy, Ltd., and Dan A. Hughes Co.; Cause No. 2008-19218-16, pending in the 16th Judicial District Court, Denton County, Texas. Discuss and deliberate, and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorney - Under Texas Government Code Section 551.071 1. Receive a presentation from DME staff, discuss, deliberate and consider possible changes to the ECA Rate Rider to the electric rate ordinance, which issues are public power utilities competitive and financial matters. Receive legal advice from the City's attorneys regarding possible changes to the ECA Rate Rider. Provide the City's attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. (Mike Grim) C. Consultation with Attorneys -Under Texas Government Code, Section 551.071. 1. Consultation, discussion, deliberation, and receipt of information from the city's attorneys involving legal matters relating to possible annexations of property into the City of Denton where 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. Council Member Mulroy motioned, Mayor Pro Tern Kamp seconded that Item B.1. was appropriate for a Closed Session under the public power exception. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards City of Denton City Council Minutes March 2, 2010 Page 5 1. Professional Social Work Month proclamation Mayor Burroughs presented the proclamation for Professional Social Work Month. 2. Proclamation for Jim Witt Mayor Burroughs presented the proclamation for Jim Witt. 3. CONSENT AGENDA Mayor Burroughs indicated that Item 3A and 3L would not be considered. Bob Clifton, 1800 Morse, Denton, 76205 spoke in opposition to Items 3J, 3M and 3N. Council Member Mulroy motioned, Mayor Pro Tern Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item A and L. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. This item was not considered. A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Supplemental Engagement Letter Agreement with Burford & Ryburn, LLP for professional legal services relating to the eminent domain assignments for West 380 (University Drive) Project; authorizing the expenditure of funds; and providing an effective date. Ordinance No. 2010-060 B. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Kanda Boonumpaichayakui from the Downtown Incentive Grant Program not to exceed $5,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (5-0). Ordinance No. 2010-061 C. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Water Treatment Chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 4456-Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $800,000). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes March 2, 2010 Page 6 Ordinance No. 2010-062 D. Consider adoption of an ordinance rejecting any and all competitive bids for a public works contract for the construction of a 36 inch, 42 inch and 48 inch sewer line for the City of Denton (Bid Number 4457); and providing an effective date. Approved the Minutes noted below. E. Consider approval of the minutes of: February 9, 2010 Approved the request below. F. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during the NX35 Music Conferette. The concert will be held at the North Texas Fairground located at 2217 N. Carroll on Saturday, March 13, 2010. The sound check will be from 11:00 a.m. until 2:00 p.m. The sound check can be accomplished with 50% of the volume level. A playlist of recorded music will begin at 3:00 p.m. and live performances will begin at 6:00 p.m. and conclude at 9:45 p.m. This request is for an increase in sound from 70 decibels to 102 decibels. Staff recommends an increase to 75 decibels. Approved the request below. G. Consider a request for an exception to the Noise Ordinance for the purpose of the 3rd Annual Bean Stock Music Festival, sponsored by Cool Bean's Bar and Grill. The event will be held at Cool Beans, located at 1210 W. Hickory Street, on Saturday, April 10, 2010, beginning at 2:00 p.m. and concluding at 12:00 a.m. The exception is requested for extension of the hours of operation for amplified sound and for an increase in sound from 70 to 77 decibels. Staff recommends an increase to 75 decibels. Approved the request below. H. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during the Glory of Zion International Ministries conference and celebration. The five day conference will be held from Wednesday, March 24th through Sunday, March 28th on the church property located at the corner of Windsor Drive and I-35N. The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 decibels and for amplified sound on Sunday from 8:00 a.m. - 1:00 p.m. Staff recommends an increase to 75 decibels. Ordinance No. 2010-063 1. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a third and final one-year extension to the depository services contract with Wachovia Bank, N.A.; and providing an effective date. City of Denton City Council Minutes March 2, 2010 Page 7 Ordinance No. 2010-064 J. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a two-year extension to the investment advisory services contract with First Southwest Asset Management Inc.; and providing an effective date. Resolution No. R2010-007 K. Consider approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management" and providing for an effective date. This item was not considered. L. Consider adoption of an ordinance of the City of Denton, Texas amending the City's Utility Credit and Collection policies that are contained in the Denton Code of Ordinances, Chapter 26, "Utilities," Sections 26-3, 26-4, 26-5, 26-6, 26-8, and 26-9; providing an open meetings clause; providing a cumulative clause; providing a repealer; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-065 M. Consider adoption of an ordinance of the City of Denton, Texas approving a Compromise Settlement Agreement between Range Resources and the City of Denton; authorizing the City Manager and the City's attorneys to act on the City's behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; and declaring an effective date. Ordinance No. 2010-066 N. Consider adoption of an ordinance of the City of Denton, Texas amending the Denton Municipal Electric ordinance contained in Ordinance No. 2009-218, solely as to rate rider ECA (Energy Cost Adjustment); providing for a repealer; providing for a severability clause; providing for an effective date. Ordinance No. 2010-067 0. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Tejas Storytelling Association for supplemental funding for entertainment at the Texas Storytelling Festival; providing for the expenditure of funds therefore; and providing for an effective date. ($550) Ordinance No. 2010-068 P. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-2 of approximately 258 acres located on the south side of University Drive, west and east sides of Thomas J. Egan Road, north of Jim Christal road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. City of Denton City Council Minutes March 2, 2010 Page 8 Ordinance No. 2010-069 Q. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-3 of approximately 421 acres located on the south side of Spring Side Road, north, south and west of Corbin Road, west of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. Ordinance No. 2010-070 R. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-4 of approximately 347 acres located on the east side of Bonnie Brae Street, west of Fort Worth Drive, east and west of Vintage Boulevard, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. Ordinance No. 2010-071 S. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-11 of approximately 388 acres located southeast of the intersection of Mayhill Road and McKinney Street, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. Ordinance No. 2010-072 T. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA1 of approximately 1,171 acres located on the south side of Jim Christal Road, the north side of Tom Cole Road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. Ordinance No. 2010-073 U. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA2 south of approximately 1,472 acres located on the south side of FM 1173, north of W. University Drive, west of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. City of Denton City Council Minutes March 2, 2010 Page 9 Ordinance No. 2010-074 V. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA3 of approximately 1,075 acres located on the south side of Ganzer Road, north and south of Barthold Road, north of FM 1173, west of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. Ordinance No. 2010-075 W. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA4 of approximately 1,555 acres located on the south side of Milam Road, north of Loop 288, east of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the Denton Development Code by deleting Subsection 35.14.3.B., to remove the current exemption of required parking standards for development in the Central Business District; providing for severability, and providing an effective date (DCA10-0001). The Planning and Zoning Commission recommends denial of the request (5-1). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. Brian Lockley, DRC Administrator, stated that the request was to amend Subchapter 35.15.3.13 of Denton Development Code which would remove the current exemption of required parking standards for development in the Central Business District. Staff had developed some revised code language that would exempt all land use classifications except for residential uses. Council Member Mulroy stated that the revised language would allow the parking requirements to remain the same except for residential developments. Lockley replied correct. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Bob Moses, 1702 Pine Hills, Corinth, 76210 - opposed Alex Payne, 923 Ridgecrest Circle, Denton, 76205 - in favor Brandon Martino, 101 N. Austin, Denton, 76201 - opposed Lee Ramsey, 101 N. Austin, Denton, 76201 - opposed Bob Clifton, 1800 Morse, Denton, 76201 - opposed City of Denton City Council Minutes March 2, 2010 Page 10 Greg Johnson, 3813 Granada Trail, Denton - opposed The Mayor closed the public hearing Mayor Pro Tern Kamp asked Lockley to address unintended consequences. Lockley stated that this was an interim step and would be in concert with the Downtown Implementation Plan when it was completed. Council Member Mulroy suggested revising the ordinance for residential developments that were above 10 units for the interim time of the ordinance. Council discussed where the parking restrictions should apply in the area, the number of units suggested for residential development, code requirements for uniformity, definition of urban core, and length of time that the provisions would be in effect. Council Member Watts motioned, Council Member Mulroy seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-077 B. Continuation of a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, with an overlay district; on approximately 15.3 acres of land located west of Stuart Road and approximately 600 feet northwest of the intersection of Windsor Street and Stuart Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z08-0016). The Planning and Zoning Commission recommends approval of the request (4-2). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. Mayor Burroughs noted that a supermaj ority vote was required by Council and that there was not a full council. He wanted to know if developer would like to continue the hearing to another council meeting. Rick Baria, developer, indicated that he would like to proceed with the item. Mark Cunningham, Director of Planning and Development, stated that this was a request for rezoning from NR-3 to NRMU-12 zoning class designation. He showed the location of the subject site and the surrounding zoning and reviewed the history of the request from the Planning and Zoning Commission and Council. The Planning and Zoning Commission had recommended approved with conditions. However, since that meeting, the developer had several neighborhood meetings and was suggesting the following conditions: (1) uses would be limited to residential only; (2) a 40 foot vegetative buffer abutting the residential to the west, east and north; (3) a 25 foot vegetative buffer abutting the residential to the south; (4) a restrictive building zone (Zone City of Denton City Council Minutes March 2, 2010 Page 11 1) with a maximum building height of 36 feet and units placed side-by-side; (5) a restrictive building zone (Zone 2) with a maximum building height of 40 feet and units stacked vertically; (6) both restrictive building zonings would have specific setbacks and minimum separation between all buildings; (7) minimum parking width would be 9 feet if developed as a gated community with private streets; (8) maximum density would be 7.5 units per acre and (9) minimum permeable area would be 50% excepting any ponds. Council discussed the proposed entrances into the development, surrounding zoning designations, buffers and setbacks based on different residential categories, and types of buffers. The Mayor opened the public hearing. Rick Baria, developer, spoke in favor. The Mayor closed the public hearing. Council Member Watts asked if the gated community was a condition. Cunningham stated that there currently was no condition for it to be gated. Council Member Watts expressed concern that the final product may not be the same as what was presented at this meeting because only the zoning was being considered. Council Member Mulroy stated that the site plan was not binding but that the configuration of the site would be limited by all of the overlay conditions. Council Member Mulroy motioned, Mayor Pro Tern Kamp seconded to adopt the ordinance subject to the restrictions proposed by staff. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Downtown Denton Transit Center to be located at 604 E. Hickory Street, Denton, Texas.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4444-awarded to the lowest responsible bidder meeting specification, Corbet Group, Inc. in the amount of $1,736,000). Mark Nelson, Director of Transportation, presented updated information on the award for the construction of the Downtown Denton Transit Center. Mayor Pro Tern Kamp stated that there were some questions regarding not awarding the bid to the lowest bidder. City of Denton City Council Minutes March 2, 2010 Page 12 Nelson replied that because this was a federal grant project, there were certain federal regulations that had to be included in the bid. The first three low bids did not meet specifications because they had not included those requirements. Council Member Watts asked if there were other components for this project. Nelson stated that the project was currently under budget but that there were other components to be added such as furniture, relocation of utilities, professional services and sidewalk improvements. Council Member Gregory asked about the land for the facility. Nelson stated that the City owned the property and at the end of the project it would be transferred to DCTA. Bob Clifton, 1800 Morse, Denton, 76201, submitted a speaker card in opposition. Mayor Pro Tern Kamp motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. Consider appointments to the following Boards and Commissions: 1. Construction Advisory and Appeals Board 2. Human Services Advisory Committee There were no nominations/appointments made at this meeting. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Bob Clifton regarding Fry Street. Mr. Clifton stated that Fry Street area was extremely dirty with trash everywhere. The area where the buildings were removed was full of water and Code Enforcement needed to take care of the violations. He suggested the Council go look at the area and visualize a park for the area. The suggested use for the area by the developer was not appropriate. b. James Davenport regarding speed limit enforcement. City of Denton City Council Minutes March 2, 2010 Page 13 Mr. Davenport spoke on two incidents regarding city employees. One was for speeding but his concern was about the demeanor of the city employee which was horrible. The second incident was with Customer Service where he tried to help someone with his utility bill and again the attitude of the employees there was very bad. D. 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. Mayor Burroughs made an announcement regarding the Census count. Mayor Pro Tem Kamp asked staff to do a follow-up report on Mr. Davenport's issue with Customer Service. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business the meeting was adjourned at 9:09 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS MINUTES CITY OF DENTON CITY COUNCIL March 9, 2010 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Closed Session on Tuesday, March 9, 2010 at 4:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Burroughs, Mayor Pro Tern Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Heggins, Council Member Mulroy and Council Member Watts. ABSENT: None 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 conflicting legal claims regarding a certain 3.814 acre tract of land situated at the northeast corner of Loop 288 and Spencer Road, in the City of Denton, Denton County, Texas and lying in the Mary L. Austin Survey, Abstract No. 4 and in the M.E.P. and P.R.R. Survey, Abstract No. 927, in the City of Denton, Denton County, Texas. Consultation with the city's attorneys regarding legal issues associated with a compromise of conflicting claims regarding said land, where such discussion and deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations regarding a settlement of such claim and 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 Session the Council convened in a Work Session to consider the following: 1. Receive a report, hold a discussion and give staff direction regarding the proposed development for the Fry Street area. Mark Cunningham, Director of Planning and Development, reviewed background information on Dinerstein Companies, developer of the proposed Fry Street project. He showed the site location and the Fry Street Overlay District. The project chronology was reviewed. Josh Vasbinder, representing Dinerstein Companies, presented the details of the project, showing how the project was first proposed and the revisions that had happened due to neighborhood input. Council discussed various options for retail in the development in relation to the residential units. City of Denton City Council Minutes March 9, 2010 Page 2 Vasbinder continued with the look of the architectural structures which would be compatible with the historic flavor of the neighborhood. Various elevations of the project from different vantage points on surrounding streets were shown. He indicated that they would be requesting to amend the current overlay to extend the height to 55 feet. Council Member Gregory asked if a special sign district would also be needed. Cunningham indicated that the proposed ordinance for the development contained a section dealing with signs. Council Member Gregory asked about sidewalk width around the development. Vasbinder corrected his prior statement about needing one amendment. The proposal would actually need two amendments. One amendment was needed to add a fourth story and the second would be for additional density as part of the fourth floor. In terms of sidewalks, in front of the retail the sidewalks would be 18 feet wide and transition down to 12 feet. The back side of the development on Oak would have 8 foot sidewalks. They would be willing to change the width of the sidewalks if desired but right-of-way issues would have to be considered. Council Member Gregory asked for the total residential units and a breakdown of the number of bedrooms. Vasbinder stated that there would be a total of 194 units with 618 bedrooms. There would be 20 one bed units, 40 two bedroom units, 18 three bedroom units and 116 four bedroom units. All parking was anticipated to be in the on-site garage. They would be required to do a traffic study which would analyze further the parking and traffic issues. Council Member Gregory asked if all of the retail customers and residents would use the same trash area. Vasbinder replied yes that all would use the same compactor which would be landscaped buffered. Council Member Mulroy asked about the time frame for completion of the planned development ordinance. Cunningham stated that staff was looking to have a draft to council by early this summer. The gas well ordinance would be revised first followed by work on the planned development ordinance. Council Member Mulroy felt that a planned development would be an ideal way to handle this project. He had a concern that if the overlay district were modified, it might create boundaries that could bump up against other overlay conditions. Staff needed to try and determine if the time frame would work for this to be the first planned development with the new ordinance or if language needed to be added to loosen the details for overlay so that the developer would not have to come back through the process for those small details. City of Denton City Council Minutes March 9, 2010 Page 3 Mayor Burroughs felt that this overlay could get very detailed in order to have sufficient clarity. He questioned if an amendment to the existing overlay would allow another project to do to the same thing or would the amendment just carve out this property for this project. Cunningham stated that staff had discussed that internally and was trying to come up with a creative way to not create an overlay within an overlay. Develop the project without applying the overlay conditions to the entire Fry Street district. Mayor Burroughs suggested carving out the boundaries of this project so any amendments to the overlay district would just apply to this location. Cunningham stated that there was the possibility of amending the boundaries of the overlay district to allow for the development of the project. Mayor Burroughs asked if the developer had thought about incorporating public transit into the development. Vasbinder stated that they had met with DCTA but the one-way street system was going the wrong way. They had also talked about internally making a stand lone shelter in the private drive. Another idea was to make improvements to off-site locations near the project. Council Member Watts stated that traffic patterns needed to be considered to maximize the potential in the area and that something different might have to be done in the area for traffic purposes. He asked how many baths the three and four bedroom units would have. Vasbinder stated that each bedroom would have a bath. Council Member Watts asked about the leasing of bedrooms. Vasbinder stated that the leases would be by the unit and not by the bed. Cunningham stated that staff would consult with Legal for the most appropriate mechanism for either an amended overlay or planned development for the project. 2. Receive a report and hold a discussion regarding the status of various drainage projects associated with the sale and delivery of $7,065,000 in certificates of obligation as approved by City Council on October 2, 2007 and supported in the FY2007-FY2008 budget by a one cent tax increase per $100 of property valuation. Frank Payne, City Engineer, presented background information on the one cent tax increase for drainage funding. He detailed the six projects associated with the tax increase and the associated funded amounts. (1) The Mingo Road and Paisley box and channel project was broken into three phases. Phase 1 dealt with replacement of the culvert west of the intersection of Nottingham and Mingo, Phase 2 dealt with the culvert replacement east of the intersection of Schmitz and Mingo and Phase 3 dealt with the culvert replacement on Paisley west of Bradshaw and channel work south of the new culverts at Paisley to Lehrman. City of Denton City Council Minutes March 9, 2010 Page 4 (2) The Ector Street storm drainage project was designed by in-house personnel and consisted of storm drain installation on Ector Street. Construction would begin following the execution of contract documents which were approved by Council on February 2, 2010. (3) The Kings Row at Cooper Branch project was located immediately upstream of the area studied in the Cooper Creek Basin. It was designed and constructed by in-house personnel and was completed in September 2009. There were remaining funds left from this project which would be available for transfer to another project where needed to assist in project completion. (4) The Magnolia Street drainage project was broken into two phases. Phase I included the construction of a detention pond north of Windsor and the McKenna Park Congregation of Jehovah's Witnesses and channel modifications from the pond south to Windsor Street. Phase 2 would consist of improving the drainage system from the Phase 1 channel north of Windsor Street to Northridge Road and south of Good Samaritan Village. This phase was currently underfunded. (5) Cooper Creek detention and channel improvements. The scopes of these projects involved an analysis of possible overall flood mitigation activities for the Cooper Creek basin and construction of detention ponds and channel improvements to reduce flooding potential along Cooper Creek. Based on the engineering report, staff was moving forward with the construction of a regional detention pond located on the Strickland Junior High School campus to reduce flooding at Sherman and the school and culvert and channel improvements to Mingo Road to reduce flooding at Mingo and Craig's Lane. (6) Pecan Creek improvements include channel modeling and improvements from the existing improved channel at Bell and Wainwright to the intersection of the existing channel at West Mulberry to the west of Carroll Blvd. Phase 1 included the construction of a new culvert to replace the existing channel along a new alignment from the existing channel at Bell and Wainwright. Phase 2 included the construction of new culverts to replace the existing channel from the upstream end of Phase 1 and west to a point on the north side of East Prairie Street. Payne presented information on existing and emergency projects. The Utility and CIP Engineering and Drainage departments continued to process existing bond projects and attempt to address citizen complaints and immediate needs associated with localized flooding incidents after the intense rains and associated flooding associated with the storm event that occurred in April 2007. The following projects illustrated some of those completed and ongoing projects: (1) Morse Street channel improvements (2) Old North Road storm drain improvements (3) Duncan Street drainage improvements (4) Eagle Drive drainage improvements (5) Post Oak Blvd. (6) Pockrus Page road, sidewalk, and drainage improvements (7) Gayla and Mayhill Street paving and drainage improvements (8) Ranch Estates City of Denton City Council Minutes March 9, 2010 Page 5 (9) Thunderbird Drive and Cactus Drive (10) Police training ground on Airport Road (11) Appaloosa Court ditch (12) State School Road at Unicorn Lake ditch improvements (13) City of Denton Service Center Council Member Gregory noted that some of the drainage projects were done with the former WPA and asked if there was any possibility of salvaging some of that rock when the channels were redone. Payne stated that it might be difficult as the rock often fractured and came out in chunks. Some of the walls would need to stay in place while making the new bank. They could attempt to salvage some of the rock but it might be difficult to pull out whole pieces. 3. Receive a report, hold a discussion and give staff direction regarding a Best Practices for Pipeline and Municipality Relations Resolution. John Cabrales, Public Information Officer, stated that a group of public officials and members of the Texas Pipeline Association had been working in a collaborative manner to improve communications between the pipeline industry and local municipal governments located in the Barnett Shale production area. This group met on a number of occasions to discuss the issues that surrounded pipeline routing through municipal jurisdictions. The result of this collaborate effort was the "Best Practices for Pipeline and Municipality Relations" document which was designed to enhance the routing process, through communication and mutual respect. Several of the mayors, including Mayor Burroughs, sent out a letter asking towns and cities to support the passage of a resolution and commitment to adhere to the best practices when dealing with pipeline companies. Mayor Burroughs noted that in the last legislative session, cities and the pipeline industry each had proposed legislation for guidelines which ended up competing with each other for regulations. Prior pipeline practices did not take notice of city planning guidelines and the pipeline industry tried to get cities eliminated from the decision making process. In this case, the industry and municipalities were trying to work together for placement of future pipelines. These were guidelines only and would help promote communication between the industry and cities. Council Member Mulroy stated that he did not have any disagreement with the concept and overview of such a proposal. He did, however, feel that there were details that needed more work. He felt, based on language in the staff report, that staff was not comfortable with the final recommendation. Staff should be able to give recommendations from their standpoint. Mayor Burroughs stated that he had talked with staff and had indicated that he would ask to have the action item not considered if they were not able to work through all of the issues. City Manager Campbell stated that there were still a number of issues to work out particularly in the area of utilities and the permitting requirements. This proposal was strictly voluntary to encourage cooperation and was not mandatory. If the proposal was encouraging gas lines in utility easements, that might be considered cooperative but what would happen when a company City of Denton City Council Minutes March 9, 2010 Page 6 asked for a line in a utility easement and the city was not in favor. The company could reference the resolution to counter the city's denial. Mayor Burroughs agreed that there were issues to still work through. He suggested Council not consider the action item on the agenda and take comments for staff to consider. The resolution could be modified any manner. Staff could put in qualifying language to help with concerns. Council Member Mulroy stated that he had issues with the following: (1) 1B did not address the mapping and that needed to be added, (2) 1C had too short a time frame and staff needed to give feedback on the time frames, (3) 2B was slanted too much towards the pipeline company and needed to be reworded for the safety and welfare of the community, (4) #1 in the construction phase had no pre-commitment unless qualifiers were put on it, (5) #3 in the construction phase was questionable as to whether or not trees would be saved in the future and a pipeline company would not have to pay attention to tree ordinance and (6) #4 in the construction phase again needed ETJ mapping. City Manager Campbell asked if the intent was to have same best practices for each city. Mayor Burroughs stated that it was not really possible that everyone would agree on one document. He suggested a shell standardized for consideration and come back with unique conditions for each municipality. The industry would then take those and make one document for their use. Council Member Gregory asked about the safeguards for the city relative to compression stations and their placement. City Manager Campbell felt that right now the attitude from the gas companies was that they could do whatever they wanted. Council Member Gregory suggested that those issues be addressed either in the best practices document or in another document. City Manager Campbell felt that the best practices guidelines was probably not the place to address specific issues. Those should be done in another document such as the gas well ordinance. The best practices was a declaration that all would play fair. Council Member Watts asked how long ago the meetings started and who else was involved in the meetings. Mayor Burroughs stated that the meeting started about 6 months ago and just elected officials attended the meetings unless one could not attend, then staff was present. Council Member Watts expressed concern about the timing of the proposal. He felt it could have been brought forward sooner and be in concert with the revisions of the gas well ordinance. City Manager Campbell stated that staff could redraft the provisions and have Council provide feedback before the April 6th meeting. City of Denton City Council Minutes March 9, 2010 Page 7 Mayor Burroughs stated that Denton's perspective on the proposal could be put in the resolution; items that were important to the City of Denton Following the completion of the Work Session the Council will convene in a Special Called Meeting to consider the following: Ordinance No. 2010-079 A. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Compromise, Settlement and Release of All Claims by and between the City of Denton, Texas and DBT Porcupine, L1, a Delaware Business Trust; authorizing the City Manager and City Attorney to act on the City's behalf in executing any and all conveyances and other supporting documents pertaining thereto; and to take such other actions as are necessary to effectuate and finalize the settlement; authorizing the City Manager to receive an easement on behalf of the City of Denton, Texas; authorizing the expenditure of any funds for incidental expenses; and declaring an effective date. Council Member Mulroy motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member Heggins, "aye", Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. Consider approval of a resolution by the City Council of the City of Denton, Texas regarding the Best Practices for Pipeline and Municipality Relations Resolution; and providing an effective date. This item was not considered. With no further business, the meeting was adjourned at 6:55 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Police Department ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing Assignment Pay for Police Department civil service employees who are assigned to perform specialized duties and required to be on call and frequently available via a cellular phone and providing an effective date. BACKGROUND The City's Efficiency Team identified cellular phone usage as an area that substantial savings could be made City-wide. Based on their recommendation and the direction of the City Council during a work session on the five-year financial forecast on February 16, 2010, the City of Denton will now offer a taxable allowance for cellular phone equipment and service to those employees whose duties require the frequent use of cellular phone devices. Several Police Department employees, mostly Civil Service members, currently use City- provided cell phones and cell phone usage packages. Staff has identified those users who are frequently required to be accessible via their City cell phones during normal working hours and often times after normal working hours. In accordance with the City's cell phone allowance and City of Denton Administrative Directive 106.11, these employees will be offered a monthly cell phone stipend. Providing an allowance rather than a City- sponsored phone and use package to these Police Department employees will result in anticipated cost savings of $28,226 in the Police Department's FY2010/2011 budget. However, for those Civil Service employees who will be offered an allowance for cellular phones, assignment pay is necessary to stay within the requirements of the Texas Local Government Code, Chapter 143. The use of assignment pay specifies that only certain specialized assignments are eligible for the monthly cell phone stipend and that this is not a salary increase to all Civil Service employees. Chapter 143.042 (b) states that "The governing body of a municipality may authorize assignment pay for fire fighters and police officers who perform specialized functions in their respective functions." Chapter 143.042 (c) further states "The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the fire or police department." The proposed ordinance authorizes specific assignment pay for certain Police Department Civil Service members who perform specialized duties or are assigned to perform functions which require notification, accessibility or response outside their normally scheduled as well as their normal working hours. This proposed monthly assignment pay 1 is intended only to offset the total cost of a personal cellular phone plan or usage for employees conducting City of Denton business in accordance with City of Denton Administrative Directive 106.11. The following classifications and assignments will receive an allocated monthly assignment amount based on historical and expected City usage. Members who fall into more than one category will receive the highest of the monthly amounts but not a combination of the amounts. Assignment Pay for Cellular Phones Assignment Monthly Amount Police Captains $40.00 Police Lieutenants $40.00 Police Investigations Sergeants $40.00 Police Operations Sergeants $30.00 Police Support Sergeants $30.00 Administrative Services $60.00 Community Resource Officer $40.00 Media Relations Officer $40.00 Background Investigator $30.00 Criminal Investigators $30.00 Special Operations $60.00 Traffic Accident Investigation Officers (other than motorcycles) $30.00 FISCAL INFORMATION All assignment pay will be funded through the Police Department's current budget and will result in an expected cost savings of $28,226 in the Department's FY 2010-2011 budget. EXHIBITS Proposed Ordinance Respectfully submitted, Roy Minter Police Chief 2 S'M)w Doc=cros40rdi=ce&AMpchce cell phone a g mcntlmy.dw ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING ASSIGNMENT PAY FOR POLICE DEPARTMENT CIVIL SERVICE EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED DUTIES AND REQUIRED TO BE ON CALL AND FREQUENTLY AVAILABLE VIA A CELLULAR PHONE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 143.042 of the Local Government Code authorizes a municipality to pay assignment pay, which is in an amount and is payable under conditions set forth by ordinance; and WHEREAS, the City Manager and Police Chief have identified those users who are frequently required to be accessible via their City cell phones during normal working hours and often times after normal working hours; and WHEREAS, the City Manager and Police Chief have recommended the following classifications and assignments receive an allocated monthly assignment amount based on historical and expected City usage: Assignment Pay for, Cellular Phones Assignment Monthly Amount Police Captains $40.00 Police Lieutenants $40.00 Police Investigations Sergeants $40.00 Police Operations Sergeants $30.00 Police Support Sergeants $30.00 Administrative Services $60.00 Community Resource Officer $40.00 Media Relations Officer $40.00 Background Investigator $30.00 Criminal Investigators $30.00 Special Operations $60.00 Traffic Accident Investigation Officers (other than motorcycles) $30.00 NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. All prior ordinances or resolutions of the City of Denton, Texas, in conflict herewith are repealed to the extent of any such conflict. SECTION 2. The classifications and assignments recommended by the City Manager and Police Chief are hereby authorized to receive the specified monthly assignment amount based on historical and expected City usage. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 2 AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Fire Department ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing Assignment Pay for Fire Department civil service employees who are assigned to perform specialized duties and required to be on call and frequently available via a cellular phone and providing an effective date. BACKGROUND The City's Efficiency Team identified cellular phone usage as an area that substantial savings could be made City-wide. Based on their recommendation and the direction of the City Council during a work session on the five-year financial forecast on February 16, 2010, the City of Denton will now offer a taxable allowance for cellular phone equipment and service to those employees whose duties require the frequent use of cellular phone devices. Several Fire Department employees, mostly Civil Service members, currently use City- provided cell phones and cell phone usage packages. Staff has identified those users who are frequently required to be accessible via their City cell phones during normal working hours and often times after normal working hours. In accordance with the City's cell phone allowance and City of Denton Administrative Directive 106.11, these employees will be offered a monthly cell phone stipend. Providing an allowance rather than a City- sponsored phone and use package to these Fire Department employees will result in anticipated cost savings of $17,686 in the Fire Department's FY2010/2011 budget. However, for those Civil Service employees who will be offered an allowance for cellular phones, assignment pay is necessary to stay within the requirements of the Texas Local Government Code, Chapter 143. The use of assignment pay specifies that only certain specialized assignments are eligible for the monthly cell phone stipend and that this is not a salary increase to all Civil Service employees. Chapter 143.042 (b) states that "The governing body of a municipality may authorize assignment pay for fire fighters and police officers who perform specialized functions in their respective functions." Chapter 143.042 (c) further states "The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the fire or police department." The proposed ordinance authorizes specific assignment pay for all Fire Department Civil Service members who perform specialized duties and are assigned to perform assigned functions which require notification, accessibility and response outside their normally scheduled as well as their normal working hours. This proposed monthly assignment pay is intended only to offset the total cost of a personal cellular phone plan or usage for 1 employees conducting City of Denton business in accordance with City of Denton Administrative Directive 106.11. The following classifications and assignments will receive an allocated monthly assignment amount based on historical and expected City usage. Members who fall into more than one category will receive the highest of the monthly amounts but not a combination of the amounts. Assignment Pay for Cellular Phones Assignment Monthly Amount Fleet Services $60.00 Fire Marshal/Arson/Bomb Squad $60.00 Assistant Fire Marshal/Arson/Bomb Squad $60.00 Deputy Chief Operations Division $40.00 Recruitment $40.00 Emergency Management $40.00 Emergency Medical Services $40.00 Training $40.00 Resource Management $40.00 Fire Prevention/K-9 $40.00 Fire Prevention/Public Education $40.00 Training/PIO $40.00 Hazardous Material Team/Bomb $40.00 Shift Commanders $30.00 Fire Protection Specialist/Investigations $30.00 Inspector Specialist/Inspections $30.00 Bomb Squad $30.00 Arson Investigators $30.00 FISCAL INFORMATION The proposed assignment pay will be funded through the Fire Department's budget and will result in an expected cost savings of $17,686 in the Fy2010/2011 Fire Department budget. EXHIBITS Proposed Ordinance Respectfully submitted, r Ross Chadwick Fire Chief 2 SAO. Uocu..8k0Winances%Mfi a cell phone a asignntenl paydac - ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT CIVIL SERVICE EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED DUTIES AND REQUIRED TO BE ON CALL AND FREQUENTLY AVAILABLE VIA A CELLULAR PHONE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 143.042 of the Local Government Code authorizes a municipality to pay assignment pay, which is in an amount payable under conditions set forth by ordinance; and WHEREAS, the City Manager and Fire Chief have identified those users who are frequently required to be accessible via their City cell phones during normal working hours and often times after normal working hours; and WHEREAS, the City Manager and Fire Chief have recommended the following classifications and assignments receive an allocated monthly assignment amount based on historical and expected City usage: ~*ignment Pay for "`'lar Phones Assignment Monthly Amount Fleet Services $60.00 Fire Marshal/Arson/Bomb Squad $60.00 Assistant Fire Marshal/Arson/Bomb Squad $60.00 Deputy Chief Operations Division $40.00 Recruitment $40.00 Emergency Management $40.00 Emergency Medical Services $40.00 Training $40.00 Resource Management $40.00 Fire Prevention/K-9 $40.00 Fire Prevention/Public Education $40.00 Training/Pl0 $40.00 Hazardous Material Team/Bomb $40.00 Shift Commanders $30.00 Fire Protection Specialist/investigations $30.00 Inspector Specialistllnspections $30.00 Bomb Squad $30.00 Arson Investigators $30.00 NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. All prior ordinances or resolutions of the City of Denton, Texas, in conflict herewith are repealed to the extent of any such conflict. SECTION 2. The classifications and assignments recommended by the City Manager and Fire Chief are hereby authorized to receive the specified monthly assignment amount based on historical and expected City usage. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 2 AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Parks and Recreation Department ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an Advance Funding Agreement for a project using funds held in the State Highway 121 Subaccount in the amount of $1,165,145.00 between the City of Denton, Texas and the State of Texas for construction of city pedestrian bridge on the Denton Branch Rail Trail at Pecan Creek and Loop 288; authorizing the expenditure of funds therefore; and providing for an effective date. BACKGROUND The City of Denton applied for regional toll revenue (RTR) funding from S.H. 121 tolling proceeds for several major transportation projects in August 2007. The following is a brief timeline of some of the more significant milestones in this process: • In August 2008, the City was notified that the Denton Branch Rail Trail Pedestrian Bridge project (trail bridges over Pecan Creek near MP 722 and over Loop 288 near MP 724) were selected for RTR funding. • Initially it was thought that this funding would be distributed to the various applicants through the North Central Texas Council of Governments (NCTCOG); however, in late 2008 the Texas Attorney General (AG) published an opinion that essentially stated these State funds could not be held and distributed by a third party. • Between the publication of the AG's opinion and spring 2009, there were numerous discussions between NCTCOG, the RTC and TxDOT about roles in the use and management of these funds. • The City received a draft contract from the State for use on each of the RTR contracts approved for funding (ITS, Park's pedestrian bridge and the two large transportation projects). Following discussions with the State and the City's Legal Department with regard to wording and clauses within the contracts, some minor wording modifications were allowed by the State, after which the State forwarded a single draft contract back to staff in July 2009. Inasmuch as it was less than desirable to have a single contract for all four projects, after confirming that the language in the revised draft matched the revisions agreed upon previously, all four contracts (one for each project), showing the relevant changes made, were sent back to the State in July 2009. • On September 28, 2009, the City was notified that all four of the City's contracts had been approved in Austin. Denton Branch Rail Trail Bridles - Attachment A of the City Pedestrian Bridge RTR contract (Ordinance/contract) sets forth the payment provisions and timing for the funding of this project. The total funded amount of the project is $1,456,431 with $1,165,145 coming from the State and $291,286 provided by local match. The local match will come from the 2005 CIP General Obligation Bond program. OPTIONS 1. Approve the funding for the Advance Funding Agreement with TxDOT 2. Reject the funding for the Advanced Finding Agreement with TxDOT RECOMMENDATION Staff recommends approval of the Advanced Funding Agreement between the City of Denton and the Texas Department of Transportation in the amount of $1,456,431.($1,165,145 State; $291,286 Local). ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in fall 2010. PRIOR ACTION/REVIEW 1. Mobility Committee meeting February 23, 2010 recommended support with a vote of 3-0. 2. The Parks and Recreation Board considered this item March 1, 2010 and recommended approval of the Denton Branch Rail Trail Bridge project by a vote of 6-0. FISCAL INFORMATION The City's share of the local match will come from the 2004-2009 Capital Improvement Program for the Prairie/Robertson Rail Trail Bridge project approved in the amount of $300,000. Project cost estimates is $1,456,431. ($1,165,145 State; $291,286 Local) EXHIBITS 1. Ordinance 2. Map 3. Mobility Committee Meeting Draft Minutes of February 23, 2010 4. Park Board Minutes Draft of March 1, 2010. Respectfully Submitted: fA . owo~ Emerson Vorel, Director Parks and Recreation Department Prepared by: Bob Tickner, Superintendent Parks Planning Parks and Recreation Department sAour documentslordinances\10lordinancetxdot-advanced funding -trail bridge loop 288.doc ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVANCE FUNDING AGREEMENT FOR A PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT IN THE AMOUNT OF $1,165,145.00 BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS FOR CONSTRUCTION OF CITY PEDESTRIAN BRIDGE ON THE DENTON BRANCH RAIL TRAIL AT PECAN CREEK AND LOOP 288; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the "City Pedestrian Bridge" designated by the State of Texas, acting by and through the Texas Department of Transportation ("TXDOT"), at Pecan Creek and Loop 288; and the City of Denton is ready to commence design and construction on the local highway improvement project generally described as "City Pedestrian Bridge CSJ: 0918-46-243"; provided that the City of Denton, Texas enters into an agreement with TXDOT, which agreement provides for the receipt and use of funds held in the State Highway 121 subaccount; and WHEREAS, the Advance Funding Agreement which is to be entered into by the City and TXDOT respecting the improvements of a pedestrian bridge that will, at all times, remain in the ownership of the City of Denton, provides that TXDOT will provide eighty percent (80%) of the project funding in the amount of $1,165,145.00 and the City will provide 20% of the project funding as local match in the amount of $291,286.00; the total estimated amount of this Advanced Funding Contract is in the sum of $1,456,431.00; and WHEREAS, the said Agreement provides for the Actual Cost Agreement; the Schedule of Payments for the City of Denton, subject to final audit; and the Work Responsibilities of the City regarding the City Pedestrian Bridge Project; and WHEREAS, the City Council having considered the Advanced Funding Agreement that is required by TXDOT, and considering the importance of the City Pedestrian Bridge Project to the citizens of Denton, Texas, is of the opinion that it should approve the above-referenced Advanced Funding Agreement by and between the City and TXDOT; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The preamble to this ordinance is incorporated by reference herewith, and is made a part of this Ordinance. SECTION 2. The City Council authorizes, and in all things approves the execution of the Advanced Funding Agreement by and between the City of Denton, Texas and TXDOT, by George C. Campbell, City Manager; a copy of which Advanced Funding Agreement is attached hereto as Exhibit "A" and is incorporated by reference herein; said Agreement being in the amount of $1,456,431.00. 1 scour documentslordinanccs1101ordinancetxdot-advanced funding -trail bridge loop 288.doc SECTION 3. The City Manager is hereby authorized by the City Council to expend all funds and to make such payments as are necessary under the Advanced Funding Agreement that is attached hereto and incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Z- 2 CSJ: 0918-46-243, Rail Trail Bridge; Pecan Creek near Prairie Creek St and LP 288 in Denton at MM 722 and MM 724 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR A PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT CITY PEDESTRIAN BRIDGE Off-System Project THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through the Texas Department of Transportation (the State), and City of Denton (Local Government), collectively, the "Parties." WITNESSETH WHEREAS, the State has received money from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate, and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County ("SH 121 payments"); and WHEREAS, pursuant to Transportation Code, 228.006 the State shall authorize the use of surplus revenue of a toll project for a transportation project, highway project, or air quality project within the district of the Texas Department of Transportation in which any part of the toll project is located; pursuant to Transportation Code, §228.012 the State has created a separate subaccount in the state highway fund to hold such money (SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the region in which a project is located, and may assign the responsibility for allocating money in the subaccount to a metropolitan planning organization (MPO); and WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation Commission (the "Commission") approved a memorandum of understanding (MOU) with the Regional Transportation Council (RTC), which is the transportation policy council of the North Central Texas Council of Governments (NCTCOG) and a federally designated MPO, concerning in part the administration, sharing, and use of surplus toll revenue in the region; under the MOU the RTC shall select projects to be financed using surplus revenue from a toll project, subject to Commission concurrence; and WHEREAS, the Local Government has requested money from the SH 121 Subaccount for: Denton Branch Rail Trail at Pecan Creek and Loop 288 (091846-243)(Project); the RTC has selected the Project to be funded from the SH 121 Subaccount; and the Commission concurred in the selection and authorized the expenditure of money Minute Order No. 111854, dated June 25, 2009; WHEREAS, the Local Government is a political subdivision and governmental entity by statutory definition; and Page 1 of 9 CSJ: 0918-46-243, Rail Trail Bridge; Pecan Creek near Prairie Creek St and LP 288 in Denton at MM 722 and MM 724 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 authorize the State to contract with municipalities and political subdivisions to perform governmental functions and services; and WHEREAS, NCTCOG and the RTC should have authority to assist the Local Government's implementation of financial reporting and environmental review related to a transportation project funded by the State using money from the SH 121 Subaccount. NOW, THEREFORE, the Parties agree as follows: AGREEMENT Article 'I. Time Period Covered This Agreement becomes effective when signed by the last parry whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding The State will pay money to the Local Government from the SH 121 Subaccount in the amounts specified in Attachment A, Payment Provision and Work Responsibilities. Except as provided in the next succeeding sentence, the payments will begin no later than upon the later of the following: (1) fifteen days after the Legislative Budget Board and the Governor each approve the expenditure, in accordance with Rider 25 of the Texas Department of Transportation bill pattern in Senate Bill 1, 80th Legislature; and (2) thirty days after execution of this Agreement. If Attachment A shows that the RTC has allocated payments to the Local Government for a certain expenditure (e.g. construction) for the Project in a certain fiscal year, then the State will make the payment from the SH 121 Subaccount to the Local Government for such expenditure no later than 30 days after the beginning of the designated Fiscal Year. A Fiscal Year begins on September 1 (for example, the 2009 Fiscal Year began September 1, 2008). Article 3. Separate Account; Interest All funds paid to the Local Government shall be deposited into a separate account, and interest earned on the funds shall be kept in the account. Interest earned may be used only for the purposes specified in Attachment A, Payment Provision and Work Responsibilities, and only after obtaining the written approval of the RTC. The Local Government's use of interest earned will not count towards the 20 percent local match requirement set forth in this Agreement. Article 4. Shortfalls in Funding The Local Government shall apply all funds to the scope of work of the Project described in Attachment A, Payment Provisions and Work Responsibilities, and to none other. All cost overruns are the responsibility of the Local Government. However, should the funds Page 2 of 9 CSJ: 0918-46-243, Rail Trail Bridge; Pecan Creek near Prairie Creek St and LP 288 in Denton at MM 722 and MM 724 District# 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) be insufficient to complete the work contemplated by the Project, the Local Government may make further request to the RTC and the State for additional funds from the SH 121 Subaccount. Funds may be increased only through an amendment of this Agreement. If the SH 121 Subaccount does not contain sufficient funds to cover the balance necessary to complete the Project, or if the RTC or the Commission decline the request for any other reason, then the Local Government shall be responsible for any shortfall. Article 5. Return of Project Funding The Local Government shall reimburse the State for any funds paid under this Agreement that are not expended in accordance with the requirements of this Agreement. Upon completion of the Project, the Local Government will issue a signed "Notification of Completion" document to the State acknowledging the Project's completion. If at project end, or upon termination of this Agreement, excess SH 121 Subaccount funds exist, including interest earned, such funds shall be returned to the State within 30 days. Except for funds the Local Government has already expended in accordance with the Agreement, the Local Government shall return to the State the funds paid under this Agreement together with any interest earned on the funds if the Project is not completed within 10 years of execution of the Agreement. Article 6. Local Match The Local Government shall be responsible for the required 20 percent local match as described in Attachment A, Payment Provisions and Work Responsibilities. The costs incurred by the Local Government prior to the execution of this Agreement will count towards the 20 percent local match requirement provided such costs are for RTC- approved phases as shown in Attachment A. At the end of each Fiscal Year the Local Government's cumulative expenditures of local match funds must be no less than 20 percent of the cumulative SH 121 Funds received by the Local Government up to that date under the Agreement, and must be for the uses approved for payments of SH 121 Funds up to that date as specified in Attachment A, Payment Provision and Work Responsibilities. Article 7. Procurement and Contracting Process The State may review the Local Government's procurement of professional services for engineering, surveying, and right of way acquisition, letting of construction contracts, and conduct of construction management and inspection. The Local Government shall certify compliance with applicable state law and regulations, and with local laws, regulations, rules, policies, and procedures. The Local Government shall maintain a copy of the certification in the project files. Article 8. Design Standards and Construction Specifications The Local Government shall implement the Project using the Local Government's established design standards, construction specifications, procurement processes, and construction management and inspection procedures. Page 3 of 9 CSJ: 0918-46-243, Rail Trail Bridge; Pecan Creek near Prairie Creek St and LP 288 in Denton at MM 722 and MM 724 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) Article 9. Right of Way Except for right of way owned by the State or to be acquired by the State according to the plans of the Project as approved by the State, the Local Government shall acquire all necessary right of way needed for the Project. Right of way acquisition is an eligible cost for reimbursement provided such cost is an RTC-approved phase as shown in Attachment A. Article 10. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with State laws and regulations and local laws, regulations, rules, policies, and procedures applicable to the Local Government. The Local Government must obtain advance approval for any variance from established procedures. The RTC-approved costs for utilities as shown in Attachment A, if any, shall be used to adjust, remove, or relocate utility facilities only to the extent the utility has a property right as shown in a recorded deed or easement. Article 11. Compliance with Laws; Environmental Review and Public Involvement Each Party shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative bodies or tribunals affecting the performance of this Agreement as applicable to it. When required, the Local Government shall furnish the State with satisfactory proof of compliance. As provided in 43 T.A.C. Section 2.1(b)(3), the department's environmental review requirements do not apply to the Project because the department is funding the Project solely with money held in a project subaccount created under Transportation Code, Section 228.012. However, the local government shall ensure that the Project complies with all applicable environmental review and public involvement requirements applicable to the Local Government under state and federal law in connection with the Project. The Local Government shall obtain the opinion of legal counsel showing the Local Government's environmental review and public involvement for the Project complies with state law and regulations, and with local laws, regulations, rules, .policies, and procedures applicable to the Local Government. The Local Government shall maintain a copy of the certification in the project files. Article 12. Compliance with Texas Accessibility Standards and ADA The Local Government shall ensure that the plans for and the construction of the Project is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336). Article 13. Work Outside the Project Site The Local Government shall provide both the necessary right of way and any other property interests needed for the Project. Page 4 of 9 CSJ: 0918-46-243, Rail Trail Bridge; Pecan Creek near Prairie Creek St and LP 288 in Denton at MM 722 and MM 724 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) Article 14. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 15. Audit Within 120 days of completion of the Project, the Local Government shall perform an audit of the costs of the Project. Any funds due to the State will be promptly paid by the Local Government. Article 16. Maintenance The Local Government shall be responsible for maintenance of the Project. Article 17. Responsibilities of the Parties a. The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. b. To the extent permitted by law, the Local Government agrees to indemnify and save harmless the State, its agents and employees from all suits, actions or claims and from all liability and damages resulting from any and all injuries or damages sustained by any person or property in consequence of any neglect, error, or omission in the performance of the design, construction, maintenance or operation of the Project by the Local Government, its contractor(s), subcontractor(s), agents and employees, and from any claims or amounts arising or recovered under the "Workers' Compensation laws"; the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as from time to time may be amended. c. The Parties expressly agree that the Project is not a joint venture or enterprise. However, if a court should find that the Parties are engaged in a joint venture or enterprise, then the Local Government, to the extent provided by law, agrees to pay any liability adjudicated against the State for acts and deeds of the Local Government, its employees or agents during the performance of the Project. d. To the extent provided by law, the Local Government shall also indemnify and save harmless the State from any and all expense, including, but not limited to, attorney's fees which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which may be imposed on the State as a result of such activities by the Local Government, its agents, or employees. Page 5 of 9 CSJ: 0918-46-243, Rail Trail Bridge; Pecan Creek near Prairie Creek St and LP 288 in Denton at MM 722 and MM 724 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) Article 18. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: State: City of Denton Texas Department of Transportation Attn: City Engineer Attn: District Engineer 901-A Texas Street 4777 E. Highway 80 Denton, TX 76209 Dallas, Texas 75150 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 19. Right of Access If the Local Government is the owner or otherwise controls access to any part of site of the Project, the Local Government shall permit the State or its authorized representative access to the site to perform any activities authorized in this Agreement. Article 20. Project Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement by the Local Government shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 21. Inspection of Books and Records The Local Government shall keep a complete and accurate record to document the performance of the work on the Project and to expedite any audit that might be conducted. The Local Government shall maintain records sufficient to document that funds provided under the Agreement were expended only for eligible costs that were incurred in accordance with all applicable state and local laws, rules, policies, and procedures, and in accordance with all applicable provisions of this Agreement. The Local Government shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State for review and inspection during the contract period and for four (4) years from Page 6 of 9 CSJ: 0918-46-243, Rail Trail Bridge; Pecan Creek near Prairie Creek St and LP 288 in Denton at MM 722 and MM 724 District # 18; Code Chart 64#11400 Funding Category: RTR (SH 121 Subaccount Funds) the date of completion of work defined under this Agreement or until any pending litigation or claims are resolved, whichever is later. Additionally, the State shall have access to all governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Article 22. NCTCOG Acceptance of funds directly under the Agreement or indirectly through a subcontract under the Agreement acts as acceptance of the authority of NCTCOG and RTC to assist the Local Government's implementation of financial reporting and environmental review concerning the Project. The Local Government shall provide to NCTCOG on a monthly basis a report of expenses, including the Local Government's expenditure of local match funds. The report shall list separately the expenditures by project phase as shown in . Attachment A, including but not limited to engineering, environmental review, right of way acquisition, and construction. The report shall also describe interest earned on money from the SH 121 Subaccount, including the interest rate, interest earned during the month, and cumulative interest earned. The report shall further describe the status of developing the Project. Not less than 60 days before the environmental review document is submitted to the governing body of the Local Government for final approval, the Local Government shall submit the document to NCTCOG for review and comment. NCTCOG may provide the Local Government technical assistance on the environmental review of the Project as mutually agreed between NCTCOG and the Local Government. Article 23. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the. direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 24. Amendments By mutual written consent of the Parties, this contract may be amended prior to its expiration. Article 25. Termination The Agreement may be terminated in the following manner: • by mutual written agreement and consent of both parties; • by either party upon the failure of the other party to fulfill the obligations set forth herein, after a 45 day period to cure after receiving written notice of non-compliance; • by the State if the Local Government does not let the construction contract for the Project within one year after the State first provides 121 Funds for construction as shown in Attachment A, Payment Provision and Work Responsibilities; • by the State if the Local Government does not complete the Project within ten years after the effective date of the Agreement; Page 7 of 9 CSJ: 0918-46-243, Rail Trail Bridge; Pecan Creek near Prairie Creek St and LP 288 in Denton at MM 722 and MM 724 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) Article 26. Work by Debarred Person The Local Government shall not contract with any person that is suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State. Article 27. Sole Agreement The Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. Article 28. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. The Local Government may assign its interests under the Agreement only with the written approval of the State. Article 29. Remedies The Agreement shall not be considered as specifying an exclusive remedy for a breach of the Agreement. All remedies existing at law or in equity are available to either Party and are cumulative. Article 30. Legal Construction If a provision of the Agreement shall be held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision, and the Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. Article 31. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. i Page 8 of 9 CSJ: 0918-46-243, Rail Trail Bridge; Pecan Creek near Prairie Creek St and LP 288 in Denton at MM 722 and MM 724 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this Agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date Janice Mullenix Director, Contract Services Section, General Services Division THE LOCAL GOVERNMENT City of Denton By Date [Name] [Title] APPROVED AS TO FORM: CITY ATTORNEY CITY OF DENTON, TEXAS a BY: Page 9 of 9 CSJ: 0918-46-243, Rail Trail Bridge; Pecan Creek near Prairie Creek St and LP 288 in Denton at MM 722 and MM 724 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) ATTACHMENT A Payment Provision and Work Responsibilities For CSJ 0918-46-243, the State will pay $1,165,145.00 from the SH 121 Subaccount for Rail Trail Bridge; Pecan Creek near Prairie Street and Loop 288 in Denton at [rail mile markers 722 (Pecan Creek) and 724 (Loop 288)] to construct two (2) pedestrian bridges, 100 linear feet and 530 linear feet on the Denton Branch Rail Trail. In accordance with the allocation of funds approved by the RTC, and concurred with by the Texas Transportation Commission, the State will make the payments for the following work in the following Fiscal Years: Fiscal Expenditure Year Preliminary Right of Utilities Construction Engineering Way Acquisition 2009 $158,346.00 $0.00 $0.00 $0.00 2010 $0.00 $0.00 $0.00 $1,006,799.00 2011 $0.00 $0.00 $0.00 $0.00 2012 $0.00 $0.00 $0.00 $0.00 2013 $0.00 $0.00 $0.00 $0.00 The Local Government shall pay a required local match of $291,286.00. Upon completion of the Project, the Local Government will issue a signed "Notification of Completion" document to the State. The notice shall certify that the Project has been completed, all necessary inspections have been conducted, and the Project is open to traffic. Attachment A Denton Branch Rail Trail Proposed Bridges Mile Post 722 near Praire St. Mile Post 724, Loop 288 Exhibit B ~a I 4 Proposed Bridge Construction Location Milepost 722 r k ~ 4e R _ , e w . f r v ~m-i I Denton Branch Rail Trail Loop 288 Pedestrian Bridge . I 4 ~ 1 r o v 1,300 650 0 1,300 Feet DRAFT MINUTES City Council Mobility Committee Tuesday, February 23, 2010 After determining that a quorum of the Mobility Committee of the Denton City Council was present, the Chair of the Committee on the Mobility thereafter convened into an Open Meeting on Tuesday, February 23, 2010 at 2:00 p.m. in the City Council work session room, 215 E. McKinney Street, Denton, Texas. Present: Chair Pete Kamp, Mayor Mark Burroughs Council Member Dalton Gregory Also Present: George Campbell, City Manager Howard Martin, ACM Utilities Fred Greene, ACM Community Services Jim Coulter, GM Water Utilities Mark Nelson, Transportation Director Frank Payne, City Engineer Emerson Vorel, Parks Director Bob Tickner, Parks Superintendent Linda Ratliff, Director Economic Development Bud Vokoun, Traffic Engineer Lindsey Baker, Asst. to the City Manager Clay Riggs, Associate Engineer Ann Forsythe, Boards & Committees Coordinator Kim Mankin, Administrative Asst John Polster, ITS Lowell Brown, Denton Record Chronicle OPEN MEETING 3) Receive a report and hold a discussion on the Denton Branch Rail Trail Bridges Project. Nelson called on Tickner to present this item. Tickner stated now that the corridor agreement is in place the City can move forward with the project. Staff is seeking direction from the Mobility Committee to take to the City Council for approval to enter into a contract with TxDOT. Once that is accomplished, the City can enter into an agreement for the construction of the pedestrian bridge over Loop 288. Tickner added that staff might need to modify the agreement to some degree now that the Pecan Creek Bridge is part of the DCTA project. Staff will seek input from the Park Board about the design for the bridge. Mayor Burroughs added that staff should put out advance notices and should advertise asking for input from people who use the trail. Chair Kamp motioned to recommend to the City Council the Mobility Committee's support of the project with a second from Council Member Gregory. The recommendation was approved by 3-0 vote. The meeting was adjourned by consensus at 3:15 p.m. DRAFT Parks, Recreation and Beautification Board Minutes March 1, 2010 Civic Center Community Room Members present: Carol Brantley, Allyson Coe, Derrick Murray, Janet Shelton, Mike Simmons, Jennifer Wages Members absent: Vicki Byrd Staff present: Emerson Vorel, Bob Tickner, Mary Aukerman, Jim Mays Allyson Coe, chairperson, called the meeting to order at 6:01 p.m. APPROVAL OF MINUTES OF February 1, 2010 MEETING: Coe asked the Board for changes to last month's meeting minutes. Hearing none, Mike Simmons made a motion that the minutes would stand as written, Carol Brantley seconded the motion and it carried with a vote of 6-0. ACTION ITEMS: a) Park Naming Request Update - The committee was asked for their recommendation concerning the request to name a park after United States Army Specialist Ernest W. Dallas, Jr., who lost his life in Iraq on July 24, 2005. The Committee wanted it known that they in no way wanted to diminish the sacrifice made by Mr. Dallas or of his service to the country, but they did not feel that naming a park after him would be the best way to memorialize him. They were all in agreement that service personnel that gave their lives in the line of duty should be commemorated, but felt that the memorial plaque proposed for I.O.O.F. Cemetery or a tree at Legacy Park would be the better way to memorialize him and be in harmony with the way City parks have been named previously. Coe was sure that, due to the current situation in the world, this would not be an isolated case and a place to honor those that made the ultimate sacrifice is needed. The committee members did feel that, after reviewing other city ordinances in regard to naming policies, the City of Denton Park Naming policy needs some work done on it to tighten up the guidelines. They suggested a city-wide task force be assigned to review the ordinance so that all departments could make a contribution to the process for naming City parks and facilities. MOTION: There being no further discussion, Simmons made a motion to recommend that this particular request for naming a park after United States Army Specialist Ernest Dallas, Jr. be denied, but that the importance of his service be commemorated through another means. Brantley seconded the motion and it carried with a vote of 6-0. b) Denton Branch Rail Trail Bridge Over Loop 288 - Tickner presented a report regarding the grant the City received from the Regional Toll Revenue Initiative, from the Highway TX 121 project, to put a pedestrian/bicycle bridge over Loop 288 next to the DCTA bridge for the train. He is asking the Board to approve the idea and not the actual contract as the contract is a standard contract that is not negotiable. City Council elected to move forward with an 8-foot concrete trail to replace the existing trail that was taken back for use as a train track. Tickner explained that the project has to go out to bid within one year of the contract being signed. He said that DCTA has already bid their bridges and we may be able to piggyback on them so that we don't have to start the process from scratch. He also said that we are considering using the same firm that is working on the trail bridge. Shelton was concerned that the Board was voting on the approval of a contract they had not read so she wanted the minutes to reflect that the Board is approving the idea of the bridge, not the actual contract. Wages was concerned about safety issues and the use of chain link fencing for the project, but was assured that the bridge would meet safety standards and, although they don't have a final design, chain link fencing is not what we foresee for this project. MOTION: There being no further discussion, but before the vote, Simmons also requested that the minutes reflect the Board was asked to vote on the idea of the bridge, not the actual contract. Wages made a motion to make a recommendation to Council to accept the idea of the Denton Branch Rail Trail Bridges Project over Loop 288. Shelton seconded the motion and it carried with a vote of 6-0. DISCUSSION ITEMS: a) Park Facilities Tour Update - The committee decided that Saturday, April 17th would be the best date for the majority of them to take the tour. Emerson will arrange a van and driver for that day. They will meet at the Civic Center at 11:00 a.m. PARKS PROJECT STATUS REPORT Senior Center Renovation and Expansion Project - The open house on February 20th was a huge success, with $250 worth of Rec Passes being sold that day, at $5 per pass. Vorel did not have a final count but stated that when he arrived before the event, parking was already limited. Vorel was there for two and a half hours and heard nothing but positive comments and everyone present seemed to be enjoying themselves. Avondale Park Trail and Landscaping Improvement - The bad weather we have been experiencing has caused the project to be delayed. There was so much tree damage that Parks Maintenance had to clean up that the Assistant City Manager over the Solid Waste Department let us dump the cleaned up debris for free. Briercliff Park Design and Development Project - The parking lot is ready to pour when the weather permits. The snow and rain has delayed completion of the project. Neighborhood Park Design: Preserve at Pecan Creek, Owsley Park and Wheeler Rider - The consulting firm continues to work on the designs for the three projects. North Lakes Adult Soccer Field Development Project - The concept drawing for this project has been sent to the City Planning Department for its recommendation. Unicorn Lake Trail and Landscape Project - When the weather allows, this project will be sodded and seeded. The trees have been planted and it should be on schedule for completion in the spring. KEEP DENTON BEAUTIFUL UPDATE Great American Cleanup - The event is this Saturday, March 6th and KDB has reported that 1,400 volunteers have already signed up. With no further items on the agenda, Coe adjourned the meeting at 6:42 p.m. AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the Electric Fund with Utility System Revenue Bonds or Certificates of Obligation with an aggregate maximum principal amount equal to $6,792,522 to allow Denton Municipal Electric to continue funding ongoing capital expenditures for expansion of the distribution and transmission electric facilities. The Public Utilities Board recommends approval (6-0). BACKGROUND Denton Municipal Electric is utilizing $6,792,522 in Utility System Revenue Bonds or Certificates of Obligation (COs) for ongoing capital expansion of the distribution and transmission facilities. The decision on whether to issue Utility System Revenue Bonds or COs will be discussed with the City Council and Public Utilities Board in the coming weeks. The bonds or COs will only be issued to cover the cost of planned electric capital facilities. Initially, these funds will be provided by the Unreserved Fund Balance of the Electric Fund and will be reimbursed with bonds or COs sold in fiscal year 2009-10. These funds will be used for the Denton Municipal Electric projects that were approved as part of the 2009-10 Capital Improvement Budget. It is expected that the bonds or COs will be sold in the summer of 2010. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) The Public Utilities Board (PUB) considered this item at the March 22, 2010 meeting. The PUB recommended approval of this item 6-0. The City Council also approved a previous reimbursement ordinance for the Electric Department. On November 3, 2009, the City Council approved a reimbursement ordinance in the amount of $6,803,292. Agenda Information Sheet April 6, 2010 Page 2 FISCAL INFORMATION This ordinance will allow $6,792,522 from the Utility Fund unreserved retained earnings to be expended and subsequently reimbursed with Utility System Revenue Bonds or COs. This reimbursement ordinance is in addition to the $6,803,292 approved by the City Council on November 3, 2009. Respectfully submitted: 4 3s~ Bryan Langley Director of Finance sAour documents\ordinances\10\reimbursement ord-electric fund. doe ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE ELECTRIC FUND WITH UTILITY SYSTEM REVENUE BONDS OR CERTIFICATES OF OBLIGATION WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT EQUAL TO $6,792;522 TO ALLOW DENTON MUNICIPAL ELECTRIC TO CONTINUE FUNDING ONGOING CAPITAL EXPENDITURES FOR EXPANSION OF THE DISTRIBUTION AND TRANSMISSION ELECTRIC FACILITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures related to the ongoing capital expenditures for expansion of the distribution and transmission facilities of Denton Municipal Electric, which was approved in the 2009-10 Adopted Budget and the 2009-10 Capital Improvement Budget and are described" in Attachment "A"; and WHEREAS, the Issuer finds, considers,. and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $6,792,522 for the purpose of paying the costs of the Project, as set forth in the attached Attachment "A", which is made apart of this Ordinance for all purposes as if incorporated word for word herein. SECTION 2. All costs to be reimbursed pursuant hereto will be for the ongoing capital expansion of the distribution and transmission facilities of Denton Municipal Electric as authorized by Section 271.045(a)(1) of the Texas Local Government Code. No tax-exempt obligations will be issued by the Issuer in furtherance of this Ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. That all amounts expended from the Unreserved Fund Balance of the Electric Fund for the Project set forth in Attachment "A" to pay any costs of the Project shall be reimbursed from Utility System Revenue bond proceeds within the 2009-10 fiscal year. SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Ordinance more than three years after the date any expenditure which is to be reimbursed is paid. sAour documents\ordinances\10\reimbursement ord-electric fund.doc SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. j MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r BY: i Page 2 of 2 ATTACHMENT A DME REIMBURSEMENT RESOLUTION BACKUP • 2009/10 CAPITAL EXPANSION FUNDING Expenditures Amt needed for thru February Expenditures Yearly Projects 2010 thru July 2010 Distribution Transformers 46,226 600,182 New Residential and Commercial 720,033 619,455 C munications Equipment 33,297 691,654 S r et Lighting 29,717 217,153 ter (meters, automated meters) 203,152 259,748 Total Distribution $ 1,032,425 $ 2,388,193 Major Projects Automated Meter Reading 44,596 776,258 B (ding Construction 24,960 1,424,429 Di ]tribution Substations 2,264,334 83,624 T nsmission Lines 1,351,267 - T nsmission Substations 1,177,744 2,120,018 Total Major Projects $ 4,862,901 $ 4,404,329 $ 6,792,522 This page left blank intentionally. sAour documentslmiscellaneous110\040610 ais-denton burford & rybum.doc AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Legal Department CM/DCM/ACM: John Knight, Deputy City Attorney SUBJECT: Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Supplemental Engagement Letter Agreement with Burford & Ryburn, LLP for professional legal services relating to the eminent domain assignments for West 380 (University Drive) Project; authorizing the expenditure of funds; and providing an effective date. OPTIONS: 1. Approve the Agreement with Burford & Ryburn. 2. The City Attorney's office could handle the matter in-house. RECOMMENDATION: We recommend you approve the contract with Burford & Ryburn. i FISCAL INFORMATION: The fees are not to exceed $80,000 for now, but the Agreement can be amended to authorize more as needed. Respectfully submitted, t ohn Knight sAour documentslordinances\1 fturford & ryburn extended engagment.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL ENGAGEMENT LETTER AGREEMENT WITH BURFORD & RYBURN, LLP FOR PROFESSIONAL LEGAL SERVICES RELATING TO THE EMINENT DOMAIN ASSIGNMENTS FOR WEST 380 (UNIVERSITY DRIVE) PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary, appropriate, and in the public interest to engage Burford & Ryburn, LLP to provide professional legal services relating to necessary domain matters for the right of way for the West 380 Project; and WHEREAS, on June 25, 2008, the City Manager approved the original Engagement Letter Agreement to provide professional legal services relating to necessary domain matters for the right of way for the West 380 Project; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby finds and concludes that Burford & Ryburn, LLP is appropriately qualified under the provisions of the law to be retained as outside legal counsel for the City; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional legal services, as set forth in the Supplemental Engagement Letter dated February 10, 2010; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations in the preamble are true and correct and are incorporated herewith as part of this Ordinance. SECTION 2. The City Manager is hereby authorized to execute a Supplemental Engagement Letter dated February 10, 2010 with Burford & Ryburn, LLP for professional legal services relating to necessary domain matters for the right of way for the West 380 Project attached hereto and incorporated herein by reference. SECTION 3. The award of this Supplemental Engagement Letter is on the basis of the demonstrated competence and qualifications of Burford & Ryburn, LLP and the ability of Burford & Ryburn, LLP to perform the professional legal services needed by the City for a fair and reasonable price. sAour documentslordinancesAO\burford & ryburn extended engagment.doc SECTION 4. The expenditure of funds as provided in the attached Supplemental Engagement Letter is hereby authorized, and the previous expenditures regarding this Project are ratified and approved. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY 2 Attomeys and Counselors at Law $C(M' T. DOGGIM' 4iRITER's DIRECT DL AU (214) 140~3MWkri'SR'S FACSIMILE (214) 740-2617 . %VRn'M'S EMAIL ADDRESS: sdn~nst~c?pxlat.eom WEB SfTE; %wy,bgsw.~ February 1, 2010 Anita Burgess City Attorney 215 East McKinney Street Denton, Texas 76201 PRIVILEGED AND CONFIDENTIAL ATTORNEY I CLIENT COMMUNICATION i Re: Supplement Budget Projections for Outside Legal services; 380 Utility Project Dear Ms. Burgess: I write at the request of Pamela England to provide my best estimate of the remaining work needed and a projection of attorney's fees and expenses that may be required to close the outstanding matters on the 380 Utility Project that our firm was engaged to do. The three remaining matters. include the following properties: Kern (2026 W. University), Elm Bolivar, and Dobson Property (Whataburger). I will give brief capsule on each below.. Kern (2021 W. University)- This involves the condemnation to acquire a 20'-wide public utility easement and an additional temporary construction and access easement across the front of the improved property. Condemnation papers were filed, negotiations stalled, and a hearing was conducted on August 11,. 2009 where the special commissioners awarded the owners $95,963.00 in total compensation. The City's expert testimony reflected a total compensation of $66,515.00. Landowners filed their objections to the award. The entire case has now been appealed for de novo trial in the Denton Probate Court. Discovery has been propounded upon the Defendants,. but no responses have been. provided, but anticipate those being served February 1, 2010.. At issue is the City's right and exercise of eminent domain and the compensation for the taking. Based upon my assessment, I anticipate these owners to fight on every issue. Due to the nature of the case, I estimate that the City could expend another $30,000 to $50,000 in attorneys' fees to conclude this matter to final judgment. Expert fees and costs may run from $15,000 to $30,000 through trial on this matter, assuming we maintain the current appraisal witness and possibly retain a development or land planning expert.. We may be able to use the City's in-house 3306 LI:1 C-01'1 Pt... ZA • 500 N. -1KARD - ALLA4;''E X AS 732()1-669 (214). -740-3] 00 1907 668851A 081-0000 Pamela G. England February 1, 2010 Page 2 engineers for much of the work- We plan to prepare and file a Motion for Partial Summary Judgment to prove up the City's right to take. With that rolling, the burden of proceeding and burden of proof shifts upon the landowners on the sole issue of compensation. Elm/.Bolivar Ltd.- This case was a. condemnation. where we presented evidence at special commissioners hearing, received a less than favorable award., and elected to nonsuit our condemnation- The City Engineer was able to negotiate with TxDOT for them to accommodate our utility within the TxDOT right of way. The only thing pending is the Landowners' claim for a hearing to recover reasonable and necessary attorneys fees and witness tees and expenses as provided by §21.014 Tex. Property Code. Those fees have not been disclosed by Michelle Jones, but I anticipate that they will claim some derivative from their contingent fee contract. The Special Commissioners' awarded $250,000 in compensation for the taking. Our evidence was $130,$20. So, the attorneys might claim from $30;000 to $50,000, solely based upon a contingent recovery. However. considering the time spent and effort exhibited at the hearing, l believe the judge would award fees in excess of $5,00.0, but maybe less than $30,000 as the only expert utilized was the owner himself. We will be seeking limited discovery requiring Michelle: Jones to disclose her fees sought by the bearing. I anticipate our fees and expenses to conclude this matter to be $1.500 to $4,000, depending upon how much of a fight the opposition provides in Withholding the information. Dobson Properties, LLC batabur er . This is a case where the City filed its condemnation, obtained an award based solely upon City's evidence, then elected to nonsuit the condemnation to avoid exposure or risk at trial. The City staff determined that the temporary construction easement could be eliminated, and special provisions with the contractor could be made to conduct all activity within the City's existing utility easement. We have negotiated a tentative settlement whereby the City will acquire a temporary construction easement for 1 year, with limitations, while the owner will remove two electric light poles and an energized sign from the easement area. Total compensation being considered is $34,254 based upon current discussions. If accepted, we will not owe any owner's attorney's fees or costs from the dismissal. If rejected, we could be exposed to pay attorney's fees and costs approximated at $7,500, and honor a side agreement for relocation of the sign, the costs of which were previously agreed to at $22,000- If not settled we could be facing an inverse condemnation or trespass claim if the contractors deviate off of the existing easement. I estimate that our total .fees to conclude this negotiated settlement to be around $2,500. In summary, the estimated costs and expenses for closure of the above cases are a reasonable based upon our experience with the opposing attorneys, the complexity of the cases 668951.1081-0000 Pamela G. England February 1, 2010 Page 3 Pending and facts as they exist today. Should new information arise or the pleadings materially alter the course of the cases, I will advise you promptly so that we can make necessary adjustments to the scope of our work. Very truly yours, BUR FORD & RYBURN, L.L.P. Scott T. Doggett Cc: Pamela G. England CITY OF DENTON' George C. Campbell, City Manager ATTEST JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 66$85(.1 081-0000 AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and The Historical Park Foundation for the purpose of assisting with the construction of the foundation of the Welcome Center; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $1,600 (Mayor Mark Burroughs, $150; Mayor Pro Tem Pete Kamp, $100; Council Member Charlye Heggins, $150; Council Member Dalton Gregory, $200 and Council Member Joe Mulroy $1,000) from Council Contingency Funds. Key provisions of the agreement include: ■ Funds shall be used by the Foundation to assist with the construction of the Welcome Center. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant sAour documentslordinances1101serv agr ord- historical pk fnd.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE HISTORICAL PARK FOUNDATION FOR THE PURPOSE OF ASSISTING WITH THE CONSTRUCTION OF THE FOUNDATION OF THE WELCOME CENTER; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton hereby finds that the Program and the Agreement between the City and the Historical Park Foundation attached hereto and made a part hereof by reference (the "Agreement") serve a municipal and public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Public Service Agreement, including the expenditure of funds as provided in the Public Agreement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 6-.'documents and settingsllaholleyllocal settingsVemporary internet fileslcontent.outlook1B2sugailserv agr-historical park foundation.doc SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE HISTORICAL PARK FOUNDATION This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and the Historical Park Foundation, a Texas Non-Profit Corporation, hereinafter referred to as "Foundation"; WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public interest; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES Foundation shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: The funds being provided shall be used by the Foundation to assist with the construction of the Welcome Center. II. OBLIGATIONS OF FOUNDATION In consideration of the receipt of funds from City, Foundation agrees to the following terms and conditions: A. One Thousand, Six Hundred Dollars and no/100 ($1,500.00) shall be paid to Foundation by City to be utilized for the purposes set forth in Article I. B. Foundation will maintain adequate records to establish that the City funds are used for the purposes authorized by this Agreement. C. Foundation will permit authorized officials of City to review its books at any time. D. Upon request, Foundation will provide to City its By Laws and any of its rules and regulations that may be relevant to this Agreement. E. Foundation will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. cAdocuments and settingsllaholleyVocaf settingsVemporary internet fifeslcontent.outlook\f52sugailserv agr-historical park foundation.doc F. Foundation will appoint a representative who will be available to meet with City officials when requested. G. Foundation will submit to City copies of year-end audited financial statements. 111. TIME OF PERFORMANCE I The services funded by City shall be undertaken and completed by Foundation within the following time frame: The term of this Agreement shall commence on the effective date and terminate on September 30, 2009, unless the contract is sooner terminated under Section VII "Suspension or Termination". IV. PAYMENTS A. PAYMENTS To FOUNDATION. City shall pay to Foundation the sum specified in Article II after the effective date of this Agreement. B. EXCESS PAYMENT. Foundation shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Foundation; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. V. EVALUATION Foundation agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Foundation agrees to make available its financial records for review by City at City's discretion. In addition, Foundation agrees to provide City the following data and reports, or copies thereof A. All external or internal audits. Foundation shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. An explanation of any major changes in program services. D. To comply with this section, Foundation agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services Page 2 ti eadocuments and setdngsllaholleyllocal settingsltemporary internet fileslcontent.outlook\f52sugailserv agr-historical park foundation.doc performed under this Agreement. Foundation's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Foundation agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. E. Nothing in the above subsections shall be construed to relieve Foundation of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, Foundation shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof wherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Foundation understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Foundation's governing body shall be available to City within ten (10) working days of approval. VII. TERMINATION The City may terminate this Agreement for cause if Foundation violates any covenants, agreements, or guarantees of this Agreement, the Foundation's insolvency or filing of bankruptcy, dissolution, or receivership, or the Foundation's violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Foundation shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Foundation will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of Foundation's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Foundation may be barred from further contracts with City. IX. WARRANTIES Foundation represents and warrants that: Page 3 c-Adocuments and settingsllaholleyWcal settingsVemporary intemet fileslcontent.outlookf52sugailserv agr-historical park foundation.doc A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Foundation on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Foundation. C. No litigation or legal proceedings are presently pending or threatened against Foundation. D. None of the provisions herein contravenes or is in conflict with the authority under which Foundation is doing business or with the provisions of any existing indenture or agreement of Foundation. E. Foundation has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Foundation are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Foundation to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. C. Foundation shall notify City of any changes in personnel or governing board composition. Page 4 cldocumcnts and settingsVaholleyllocal settingsltemporary intemet fileslcontent.oudooklf52sugailserv agr-historical park foundation.doc XI. INDEMNIFICATION To the extent authorized by law, the Foundation 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 the Foundation 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, its officers, employees, agents, subcontractors, licensees and invitees. XII. CONFLICT OF INTEREST A. Foundation covenants that 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. Foundation further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Foundation further covenants that 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. . C. 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 ofthe 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 association in which he has direct or indirect interest. XIII. 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 hand-delivery or facsimile, addressed to Foundation or City, as the case may be, at the following addresses: CITY FOUNDATION City of Denton, Texas Kay Copeland, President Attn: City Manager 110 West Hickory Street 215 E. McKinney Denton, TX 76201 Denton, TX 76201 940.349.2850 Fax No. 940.349.8591 Fax No. 940.349.2851 Page 5 eadocuments and settings\1aholleyWcal settingsVemporary intemet files)content.outlooklf52sugailserv agr-historical park foundation.doc 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. XIV. MISCELLANEOUS A. Foundation shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Foundation hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Foundation. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of 2010. CITY OF DENTON GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 6 rldocuments and settingsVaholley\local settingsltemporary intermt fileslcontent.outtooklf52sugaitiserv agr-historical park foundation.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: t HISTORICAL PARK FOUNDATION BY: KAY COP LAND, P SIDENT ATTEST: BY: SECRETARY Page 7 This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District for the 2010 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date. BACKGROUND This free lunch program is designed to serve children in areas of low-income populations during the summer months, when traditional school lunch programs are not in effect. This program is sponsored and funded by the United States Department of Agriculture, Food and Nutrition Service and is a continuation of the free lunch program that is offered during the school year. The Texas Department of Agriculture has made an effort through outreach to increase the number of cities participating in the program. Cold sack lunches will be prepared by the Denton Independent School District and served at the following locations: 1) MLK Recreation Center, 2) Denia Park, 3) Quakertown Park, 4) Owsley Park, 5) Fairways at University Apartments, 6) Village East Apartments, 7) Fred Moore Park, 8) McMath Middle School, 9) Mack Park, 10) VFP (Clayton Estates), 11) Civic Center; other DISD summer school sites and additional City sites may be implemented based on need. The total estimated cost for this program is approximately $127,789, which is reimbursed by the Texas Department of Agriculture. The Parks and Recreation Department first offered the Summer Food Service Program in 1992 at Denia Park, Phoenix Park, Fred Moore Park, Civic Center Park, and two summer school locations. At these six locations, a total of 10,776 lunches were served to children 1 through 18 years of age. The 2009 Summer Food Service Program was expanded to 20 locations with 38,265 lunches served at a cost of $118,677.08. OPTIONS Council may approve the contracts with the Texas Department of Agriculture and Special Nutrition Programs and Denton Independent School District in its entirety, deny the request, or ask staff to make modifications. RECOMMENDATION Staff recommends approval of the proposed ordinance. ESTIMATED SCHEDULE OF PROJECT Summer lunches will be served from June 7, 2010 through August 13, 2010. No lunches will be served on Monday, July 5, 2010, in observance of the Independence Day Holiday. Agenda Information Sheet April 6, 2010 Page 2 PRIOR ACTION/REVIEW The Denton Independent School District recommended approval to contract the preparation of cold sack lunches for this program when the issue was presented to their board on February 23, 2010. The program is scheduled for implementation on June 7, 2010. FISCAL INFORMATION Texas Department of Agriculture, which administers this grant, will reimburse all costs associated with the program. EXHIBITS 1. Ordinance 2. DISD Agreement Respectfully submitted: &V,wo- M.O.J. Emerson Vorel, Director Parks and Recreation Department Prepared by: el"'A a Kathy Schaeffer, Special Projects/Fiscal Operation Manager Parks and Recreation Department 1lcodadldepartments\1ega1\our documentslordinances1101summer food service 2010.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE 2010 SUMMER FOOD SERVICE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton and the Denton Independent School District mutually agree to provide meals for eligible individuals; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute a contract with the Denton Independent School District, substantially in the form of the contract which is attached to and made a part of this ordinance for all purposes, to provide meals for eligible individuals at the various sites, and such other documents and certifications as are necessary to carry out the 2010 Summer Food Service Program and to handle all fiscal and administrative matters relating to the program. SECTION 2. The expenditure of funds necessary to administer the 2010 Summer Food Service Program is hereby authorized. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 009- C State of Texas County of Denton AGREEMENT TO FURNISH FOOD SERVICE CITY OF DENTON and DENTON INDEPENDENT SCHOOL DISTRICT FOOD SERVICES THIS AGREEMENT is made and entered into by and between the Denton Independent School District and the City of Denton both of whom are local governmental entities authorized to enter into interlocal agreements under Chapter 791 of the Texas Government Code. (Vernon 1994) Whereas, the interlocal agreement contemplates the performance of function or services that each parry to this contract is authorized to perform individually. Whereas, that the City of Denton is making payment under this agreement which it is funding from payments from current revenue; whereas, the payments provided by the City of Denton are in an amount that fairly compensates the Denton Independent School District for the services that it is performing. Witnesseth: 1. Provision of Meals Denton Independent School District agrees to supply unitized meals inclusive of milk and juice to the City of Denton Parks and Recreation Department. The City of Denton Parks and Recreation Department will pick up meals at designated food preparation site and package coolers with meals and deliver to approved SFSP sites. Breakfast $ 0.00 each Lunches $ 2.00 each Snacks......... $ 0.00 each Supper......... $ 0.00 each II. Menu Records It is further agreed that the Denton Independent School District pursuant to the provisions of the Summer Food Service Program Regulations, will assure that said meals meet the minimum requirements as to nutritive value and content as outlined in the U.S.D.A.'s sponsor Meal Preparation Handbook, and will maintain full and accurate recordings of such, including the following: 1. Menu Records, including amount of food prepared. 2. Meals, including daily number of meals delivered by type. III. Retention of Records These records must be reported to the institution promptly at the end of each week. Denton Independent School District agrees also to retain records required under the preceding clause for a period of three years and 90 days after the end of the contract period. If audits, claims or litigation have not been resolved, all records must be retained beyond the required time period until all issues are resolved in accordance with the Summer Food Service Program Agreement between The City of Denton and Texas Department of Agriculture-Food & Nutrition Division. IV. Compliance With Immigration Laws The Denton Inde endent School District agrees to comply with the requirements of the Immigration Reform Control Act of 1986 regarding employment verification and retention of verification forms for any individuals hired after November 6, 1986 who will perform labor or services under this contract. V. Audit The Denton Independent School District agrees to allow for purposes of audit, examination, excerpt, and transcription: the USDA, the Comptroller of the United States, D.S. and any of their authorized representatives to have access to any of the contractor's books, documents, papers, and records that are pertinent to the contract. VI. Energy Efficiency The Denton Independent School District agrees to comply with the required mandatory standards and policies concerning energy efficiency contained in the Texas Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). VII. Remedies For Breach of Contract The Denton Independent School District agrees that except for small purchase contracts, it will comply with and enforce provisions that allow for administrative, contractual, or legal remedies if contractors violate or breach contract terms, and any appropriate sanctions and penalties. VIII. Compliance With Labor Regulations The Denton Independent School District agrees to be in compliance with Section 103 of the contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by the Department of Labor regulations (29 CFR, Part 5). Under this Act, contractors must compute the wages of mechanics and laborers on the basis of standard workday of eight hours and a standard workweek of 40 hours. Work that exceeds the standards must be compensated at least 11/2 times the basic pay rate for overtime hours worked. These requirements do not apply to the purchase of supplies or materials ordinarily available on the open market or contracts for transportation. IX. Equal Employment Opportunity The Denton Independent School District agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60). X. Compliance With Laws The Denton Independent School District agrees to comply with all other applicable laws, including without limitation, any additional applicable Federal Laws or regulations contained in the Summer Food Pro raemAgreement between the City of Denton and the Texas Department of Agriculture-Food & Nutrition Division. i XI. Remedy For Breach If the Denton Independent School District fails to provide services in accordance with the provisions of this contract, the City of Denton may, upon written notice of default to the contractor, immediately terminate the whole or part of this contract. XII. Consideration The City of Denton agrees to pay Denton Independent School District for all meals ordered on daily basis at the rate agreed upon in this contract. XIII. Term The agreement shall be effective as of June 7, 2010 and shall have the same term as the Summer Food Program Agreement between the City of Denton and the Texas Department of Agriculture- Food & Nutrition Division. It may be terminated by notice in writing given by any party hereto to the other parties at least 30 days prior to the date of termination. XIV. Venue This agreement shall be interpreted in accordance with the laws of the State of Texas. Any litigation filed with regard to this contract shall be tried in a court of competent jurisdiction setting in Denton County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the dates indicted below: Agreed to this date Agreed to this date Sponsor Official DISD Sponsor ~L- V Q - Vie-e-- Title: City Manager Title School Board President t The location of the food preparation site will be: Denton High School 1007 Fulton Denton, Texas 76201 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ; zv IV Z- AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2009-10 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Airport Gas Well Fund of nine hundred seventy three thousand five hundred eighty two dollars ($973,582) to be transferred to the General Fund for reimbursement of the General Fund subsidy of Airport operations and to discontinue the transfer of sales tax and ad valorem taxes from the General Fund to the Non-Airport Gas Well Fund; declaring a municipal purpose; providing a severability clause; providing for an open meetings clause; and providing for an effective date. BACKGROUND Over the past six fiscal years, the General Fund has provided approximately $973,000 in support to Airport operations (see exhibit 1). According to Federal Aviation Administration (FAA) guidelines, the City can elect to repay the General Fund's subsidy to Airport operations. Specifically, the February 16, 1999, Federal Register states that "airport revenue may be used to reimburse a sponsor only for contributions or expenditures for a claim after October 1, 1996, when the claim is made within six years of the contribution or expenditure." Staff discussed the possibility of repaying past subsidies with the City Council during discussions in December and February. At the conclusion of these discussions, the City Council directed staff to proceed with transferring $973,582 from the Airport Gas Well Fund to the General Fund. In addition, the City Council also directed that staff discontinue the transfer of property and sales taxes to the Non-Airport Gas Well Fund related to gas well properties within the city limits. The purpose of this agenda item, therefore, is to 1) authorize the transfer of Airport Gas Well Funds to the General Fund and 2) eliminate the transfer of General Fund resources to the Non-Airport Gas Well Fund. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) On December 15, 2009, the City Council discussed the use of gas well funds and the calculation of the subsidy that had been provided to Airport operations. The City Council also discussed this item during the Preliminary Five-Year Forecast presentation at the February 16, 2010 meeting. At the February meeting, the Council recommended proceeding with the transfer of $973,582 from the Airport Gas Well Fund to the General Fund for the repayment of prior year subsidies. In addition, the Council recommended discontinuing the transfer of sales tax and property tax payments from the General Fund to the Non-Airport Gas Well Fund. Agenda Information Sheet April 6, 2010 Page 2 FISCAL INFORMATION This ordinance will increase General Fund revenues by $973,582 and decrease General Fund expenditures by $500,000. The Airport Gas Well Fund budget will be increased by $973,582, from $1,427,888 to $2,401,470 to authorize the transfer to the General Fund. EXHIBITS 1) General Fund assistance to Airport operations over the past six fiscal years. Respectfully submitted: 4 3s~ Bryan Langley Director of Finance O Cl) O M N LO O OD OD O co O V lC) O W l(i N (O I~ Cl) O Cl) V c I~ O O 1- Cl) y0 O N D) 0 N Cl) N Ei? EA Ef3 L O O OO N Cl) fC O O O M 00 O N O N (D (D LO co N O fC co V V N O N O N O LL N ER EA ER U (0 U I~ q O N LO LO LO LO fC co Cl Cl O C p Cl) Cl) V O C -0 N LO LO O N N V V L N N N O E N O Ei? EA &D3 O ~ N L N Cl) Cl) _0 fC n O O ~ M V ~ O O O LO Cl) LO X N V V OO (D LO N R O LO LO M N U w o LL N O Ei? ff3 &D) N ' Cl) ' M (O f.. I- O L O O O co I~ M fC (D O0 00 lf) M I~ O ON ON M O N N O O V V Cl) N V O fn w o m LL N O V T I~ ~ 00 L Cl) f~ M Q fC LO O (.0 V (O p M M V D) N M M OD q N 'Fu W) N N N O V O C N O LL N 0 N Ei? ff3 &D) O M W) 1 OD a0 O ' O- L O I~ ~ O N fC C M V O0 fD -O p (D O (D 00 f- C 00 LO M 1- CD ANN N O U LL N N Ei? EA Ef3 ~ Q ~ N Q ~ O ~ N ~ U } j 0 U R LL C. Q1 a) LL ) I 00 U O y IC _ 0 L N V N C U~ O Q U' N Q. M U O O 'o A (7 N Q y N .N A Q o N y C7 N a y E Q ca L V y p 0) O c C. O O c V L E v N a N d U C O V Q O m X N fn C. y O y V C T w N Nl 0 V O r N 'O .N N a Q C C r 0 V LL y0 U ~ N LL r C V N N O p N y y U L O a+ 4) LL 2 C. M O N ~ R d d Q U U~ L Q ~ a O 0 y V % L 0 t/1 Q ; (9 06 V u 0 0 0 0~~ U H -1 z 0 z~ m c:Adocuments and settings\memccall\local settings\temporary internet files\content.outlook\ietz 193a\budget amendment-airport gas well fund.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE FISCAL YEAR 2009-10 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO ALLOW FOR AN ADJUSTMENT TO THE AIRPORT GAS WELL FUND OF NINE HUNDRED SEVENTY THREE THOUSAND FIVE HUNDRED EIGHTY TWO DOLLARS ($973,582) TO BE TRANSFERRED TO THE GENERAL FUND FOR REIMBURSEMENT OF THE GENERAL FUND SUBSIDY OF AIRPORT OPERATIONS AND TO DISCONTINUE THE TRANSFER OF SALES TAX AND AD VALOREM TAXES FROM THE GENERAL FUND TO THE NON-AIRPORT GAS WELL FUND; DECLARING A MUNICIPAL PURPOSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN OPEN MEETINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2009-216, the City Council of Denton, Texas, approved the Fiscal Year 2009-2010 Budget and Annual Program for Services (the "Budget"); and WHEREAS, beginning with FY 2005-06, the City Council directed that the General Fund transfer sales taxes and ad valorem taxes generated from gas wells located within the city limits to the Non-Airport Gas Well Fund; and WHEREAS, it is in the best interest of the City to discontinue the annual sales tax and ad valorem tax transfer from the General Fund into the Non-Airport Gas Well Fund; and WHEREAS, the General Fund has subsidized Airport Operations over the past six fiscal years by Nine Hundred Seventy Three Thousand Five Hundred Eighty Two Dollars ($973,582); and WHEREAS, the City Council has determined that it is in the best interest of the City of Denton to recover the subsidy; and WHEREAS, the City Council finds that this Budget Amendment also serve an important municipal purpose already contemplated as eligible items for expenditure in the current Budget, consistent with Section 102.010 of the Texas Local Government Code and other applicable laws; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the above preamble to this Ordinance are true and correct and are hereby adopted. SECTION 2. The Fiscal Year 2009-2010 Budget and Annual Program for Services is hereby amended by the City Council to allow for the transfer of Nine Hundred Seventy Three Thousand Five Hundred Eighty Two Dollars ($973,582) from the Airport Gas Well Fund to the General Fund. The new Airport Gas Well Fund budget will be increased by Nine Hundred c:Adocuments and settings\memccall\local settings\temporary internet files\content.outlook\ietz 193a\budget amendment-airport gas well fund.doc Seventy Three Thousand Five Hundred Eighty Two Dollars ($973,582) from One Million Four Hundred Twenty Seven Thousand Eight Hundred Eighty Eight Dollars ($1,427,888) to Two Million Four Hundred One Thousand Four Hundred Seventy Dollars ($2,401,470). SECTION 3. The annual transfer of sales tax and ad valorem tax from the General Fund to the Non-Airport Gas Well Fund is discontinued. SECTION 4. This Ordinance shall be filed with the City Secretary, who is directed to attach a copy of this Ordinance to the Fiscal Year 2009-2010 Budget and Annual Program for Services and cause this Amendment to be published once in the Denton Record-Chronicle, and to file a copy of this Ordinance with the County Clerk of Denton County and the State Comptroller of Public Accounts in Austin. SECTION 5. This Ordinance was approved by at least five members of the City Council as required by Section 8.08 of the City Charter. SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 7. It is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and the public notice of the time, place and purpose of this meeting was given as required by law. SECTION 8. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 2 c:Adocuments and settings\memccall\local settings\temporary internet files\content.outlook\ietz 193a\budget amendment-airport gas well fund.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 3 AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune fil SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 4487- Annual Contract for Liquid Ferric Sulfate awarded to the lowest responsible bidder, Kemira Water Solutions, Inc. in the annual estimated amount of $400,000). The Public Utilities Board recommends approval (6-0). BID INFORMATION This bid is for the annual contract to supply liquid ferric sulfate which is required to treat the City of Denton's drinking water. The chemical will be delivered in bulk quantities to on-site storage facilities. RECOMMENDATION Award to the lowest responsible bidder, Kemira Water Solutions, Inc., in the estimated annual amount of 400,000. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its March 22, 2010 meeting. PRINCIPAL PLACE OF BUSINESS Kemira Water Solutions, Inc. Lawrence, KS ESTIMATED SCHEDULE OF PROJECT This is an annual contract with the option to renew for additional one-year periods contingent upon all prices, terms, and conditions remaining the same. The chemical will be ordered as needed. FISCAL INFORMATION Funding for this item will come from account 630100.6334. Individual purchase orders will be issued as needed. Agenda Information Sheet April 6, 2010 Page 2 EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4487 BID #4487 EXHIBIT I DATE: March 9, 2010 ANNUAL CONTRACT FOR LIQUID FERRIC SULFATE Estimated ITEM UONI Annual DESCRIPTION VENDOR VENDOR VENDOR Quantity Kemira Water General Chemical Performance Thatcher Company Solutions, Inc. Products, LLC Principle Place of Business: Lawrence, KS Parsippany, NJ Salt Lake City, UT 1 Wet Lbs. 5,000,000 Liquid Ferric Sulfate 60% $0.0890 $0.1037 $0.1415 Solution 2 NSF60 Certified Yes No YES YES YES Shipment can be made in days from reciept of 3 . 2 Days 1- 2 Days 3- 5 Days order. Bidder is an authorized distributor, by the manufacturer, and YES YES N/A is authorized to sell to the City of Denton? Yes No N/A ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS FOR THE CITY OF DENTON WATER TREATMENT PLANTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4487-ANNUAL CONTRACT FOR LIQUID FERRIC SULFATE AWARDED TO THE LOWEST RESPONSIBLE BIDDER, KEMIRA WATER SOLUTIONS, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $400,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 4487 1 Kemira Water Solutions, Inc. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY A W" BY: 3-ORD-BID 4487 BID #4487 EXHIBITA DATE: March 9, 2010 ANNUAL CONTRACT FOR LIQUID FERRIC Estimated ITEM UOM Annual DESCRIPTION VENDOR Quantity Kemira Water Solutions, Inc. Principle Place of Business: Lawrence, KS 1 Wet Lbs. 5,000,000 Liquid Ferric Sulfate 60% $0.0890 Solution 2 NSF60 Certified Yes No YES Shipment can be made in days from reciept of 3 order. 2 Days Bidder is an authorized distributor, by the manufacturer, and YES is authorized to sell to the City of Denton? Yes No N/A DRAFT MINUTES PUBLIC UTILITIES BOARD March 22, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board thereafter convened into an Open meeting on Monday, March 22, 2010 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Dick Smith, Bill Cheek, Phil Gallivan, John Baines, Randy Robinson, Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities Absent: Bill Grubbs, excused OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 3) Consider a recommendation of approval of competitive bids and awarding an annual contract for the purchase of water treatment chemical (Bid 4487-Annual Contract for Ferric Sulfate 12% as FE+3 awarded to the lowest responsible bidder to Kemira Water Solutions, Inc., for the annual estimated amount of $400,000.00). Board Member Baines moved to approve Item 3 with a second from Board Member Gallivan. The motion was approved by a 6-0 vote. The meeting was adjourned by consensus at 10:49 a.m. This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Curt Arndt 349-7342 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of traffic cabinet hardware for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4488-Annual Contract for Traffic Cabinet Hardware awarded to the lowest responsible bidder, Paradigm Traffic Systems, Inc. in the annual estimated amount of $260,000). BID INFORMATION This bid is for an annual contract for the purchase of traffic signals and related items. These materials will be utilized in the construction of new signals and in the maintenance of the existing traffic control system throughout the city of Denton. Bid notices were sent to eight qualified vendors. One bid reply was received. By utilizing the bid process, we were able to determine that Pelco brand equipment, which is required to be compatible with existing traffic control equipment, is only available from Paradigm Traffic Systems, Inc. RECOMMENDATION Award to Paradigm Traffic Systems, Inc. in the annual estimated amount of $260,000. PRINCIPAL PLACE OF BUSINESS Paradigm Traffic Systems, Inc. Arlington, TX ESTIMATED SCHEDULE OF PROJECT This is an annual contract that can be renewed for additional one year periods with all pricing, terms and conditions remaining the same. Delivery of materials is estimated to be 90 days or less. Agenda Information Sheet April 6, 2010 Page 2 FISCAL INFORMATION These supplies and materials will be funded from Traffic account 352001.6520 and project accounts as required. Purchase orders will be issued on an as needed basis. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4488 Bid #4488 Exhibit 1 March 11, 2010 Annual Contract for Traffic Cabinet Hardware EST. ITEM ANNUAL UOM DESCRIPTION VENDOR QTY. Paradigm Traffic Systems, Inc. Principal Place of Business Arlington, TX I PELCO SPECTRA IV, IP PTZ CAMERA, 12 EA SD4N35-PG-E1 $3,095.00 2 4 EA PELCONET NET300T $610.00 3 4 EA PELCONET NET350T $748.00 4 12 EA PELCO 24V POWER SUPPLY, WCS1-4 $137.00 5 HENKE TS 1 P44 LOCAL CABINET 18 EA ASSEMBLY, DENTON SPEC $7,840.00 Delivery can be made within days of receipt of order. 30-45 Days item 5- 60-90 Days Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City of Denton? YES or NO or N/A N/A *Prices shall be bid FOB Denton. * In case of calculation error, unit pricing shall prevail. ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC CABINET HARDWARE FOR THE CITY OF DENTON TRAFFIC DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4488-ANNUAL CONTRACT FOR TRAFFIC CABINET HARDWARE AWARDED TO THE LOWEST RESPONSIBLE BIDDER, PARADIGM TRAFFIC SYSTEMS, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $260,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 4488 1-5 Paradigm Traffic Systems, Inc. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY A W" BY: 3-ORD-BID 4488 Bid #4488 Exhibit A March 11, 2010 Annual Contract for Traffic Cabinet Hardware EST. ITEM ANNUAL UOM DESCRIPTION VENDOR QTY. Paradigm Traffic Systems, Inc. Principal Place of Business Arlington, TX I PELCO SPECTRA IV, IP PTZ CAMERA, 12 EA SD4N35-PG-E1 $3,095.00 2 4 EA PELCONET NET300T $610.00 3 4 EA PELCONET NET350T $748.00 4 12 EA PELCO 24V POWER SUPPLY, WCS1-4 $137.00 5 HENKE TS 1 P44 LOCAL CABINET 18 EA ASSEMBLY, DENTON SPEC $7,840.00 Delivery can be made within days of receipt of order. 30-45 Days item 5- 60-90 Days Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City of Denton? YES or NO or N/A N/A *Prices shall be bid FOB Denton. * In case of calculation error, unit pricing shall prevail. AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune fil SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston Galveston Council of Governments, Texas Multiple Award Schedule Program (TXMAS), Buy Board Cooperative Purchasing Network and State of Texas Comptroller of Public Accounts Cooperative Purchasing Program (TXCPA CO-OP) for the acquisition of eight vehicles and three pieces of equipment for the City of Denton Utility Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4491-Purchase of Utility Fund Vehicles awarded to multiple vendors as listed on Exhibit A in the amount of $749,569). The Public Utilities Board recommends approval (6-0). FILE INFORMATION These eleven units are Utility Fund acquisitions. A list and description of equipment is shown below. All purchases are replacements. ITEM# DEPT EQUIPMENT AMOUNT UNIT# CO-OP 1 ELEC DIST SK50 SR Excavator S 62,502 ED1030 HGAC #EM06-09 2A SW COM F350 Ford Pickup S 25,760 SW1056 TXCPA CO-OP 2B SWCOM Custom Body S 6,993 SW1056 Not Applicable 3 SW LAND Kubota Mule S 16,552 SW1068 H-GAC #GRO1-10 4 SW LAND All Terrain Mower S 105,265 SW1062 Buy Board #292-08 5 ELEC OPS Pick Up S 19,491 E01073 Buy Board#281-07 6 WATER DIST Pick Up S 19,491 WD1069 Buy Board #281-07 7A ELEC OPS Bucket Truck Chassis S 27,523 E01074 H-GAC #VE03-06 7A ELEC OPS Bucket Truck Chassis S 27,523 E01075 H-GAC #VE03-06 7A ELEC OPS Bucket Truck Chassis S 27,523 E01076 H-GAC #VE03-06 7A ELEC OPS Bucket Truck Chassis S 27,523 E01077 H-GAC #VE03-06 7A ELEC OPS Bucket Truck Chassis S 27,523 E01078 H-GAC #VE03-06 7B ELEC OPS Bucket Truck Aerial Body S 71,180 E01074 TXMAS 3-23010 7B ELEC OPS Bucket Truck Aerial Body S 71,180 E01075 TXMAS 3-23010 7B ELEC OPS Bucket Truck Aerial Body S 71,180 E01076 TXMAS 3-23010 Agenda Information Sheet April 6, 2010 Page 2 FILE INFORMATION(CONTINUED) 7B ELEC OPS Bucket Truck Aerial Body S 71,180 E01077 TXMAS 3-23010 7B ELEC OPS Bucket Truck Aerial Body S 71,180 E01078 TXMAS 3-23010 TOTAL S 749,569 * Cooperative agreement handling fees and service manuals are estimated less than $1,000 and may vary depending upon the number of purchase orders issued and service manuals required. All units are powered by gasoline or diesel engines with LEV ratings that meet or exceed EPA standards. RECOMMENDATION Award the purchase of Utility Fund equipment through interlocal contracts to the vendors listed below for a total award of $749,569. Item# Vendor Amount Contract# 1 Bane Machinery, Inc. $ 62,502 H-GAC #EM06-09 2A Five Star Ford $ 25,760 TXCPA CO-OP Knapheide Truck 2B Equipment Southwest $ 6,993 Not Applicable 3 Zimmer Kubota $ 16,552 H-GAC #GRO1-10 4 Luber Bros. $ 105,265 Buy Board #292-08 5 Caldwell Chevrolet $ 19,491 TASBBB#281-07 6 Caldwell Chevrolet $ 19,491 TASBBB#281-07 7A Dallas Dodge $ 137,615 H-GAC #VE03-06 7B Altec Inc. $ 355,900 TXMAS -3-23010 Total $ 749,569 PRINCIPAL PLACE OF BUSINESS Bane Machinery, Inc. Sam Pack's Five Star Ford Knapheide Truck Equipment Southwest Ft. worth, TX Neches, TX Red Oak, TX Zimmer Kubota Luber Bros. Altec, Inc. Dallas Dodge Denton, TX Bethany, OK Waxahachie, TX Dallas, TX Agenda Information Sheet April 6, 2010 Page 3 PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was approved by the Public Utilities Board on March 22, 2010. ESTIMATED SCHEDULING OF PROJECT The delivery schedule for this list of equipment varies from 90 to 180 days after receipt of an order. FISCAL INFORMATION These vehicles will be funded from the following sources: Item# Department Amount Job# Requisition 1 Electric Distribution $ 62,502 602612605.1355.3920 97910 2A SW Commercial Recycling $ 25,760 660536592.1355.30100 98049 213 SW Commercial Recycling $ 6,993 660536592.1355.30100 97912 3 SW Landfill $ 16,552 660541592.1355.30100 97967 4 SW Landfill $ 105,265 660537592.1355.30100 97914 5 Electric Ops $ 19,491 602697605.1355.3920 97974 6 Water District $ 19,491 635018635.1355.30100 97974 7A Electric Ops $ 27,523 602698605.1355.3920 97969 7A Electric Ops $ 27,523 602699605.1355.3920 97969 7A Electric Ops $ 27,523 602700605.1355.3920 97969 7A Electric Ops $ 27,523 602701605.1355.3920 97969 7A Electric Ops $ 27,523 602702605.1355.3920 97969 713 Electric Ops $ 71,180 602698605.1355.3920 97972 713 Electric Ops $ 71,180 602699605.1355.3920 97972 713 Electric Ops $ 71,180 602700605.1355.3920 97972 713 Electric Ops $ 71,180 602701605.1355.3920 97972 713 Electric Ops $ 71,180 602702605.1355.3920 97972 TOTAL $ 749,569 Agenda Information Sheet April 6, 2010 Page 4 EXHIBITS Exhibit 1: Pricing Sheets Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4491 Item 1 CONTRACT PRICING WORKSHEET Contract 1 Date( >✓I►106-19 ~tr11201© For Standard Equipment Purchases No.: Prepared; ThlsForm:ntusf be prepared by Corrtrnclor; arid}:rovrded to End User to attach to Purchase Order, adth Cnpy to H-G,4G Tile H-GACadminktrutive fee hallbe. eakutated a„d shown as a separaiolit+e rtem. Please type "Print legmly- Buying agency: :City of Denton Contractor: ;Banc Machinery, Inc. cunact ; Prepared 'Pahl Moore Person: :A-like Ellis By: ' Mane: X940-349-8424 Pho>Fe: ;214-878-3798 Fax: :940-391-7358 Fax: :214-352-2460 Email: *mike.ellis@cityofdenton.com Email: moors banemachiner .com Produce I A534 peserlptton: SK50 SR P.scavator with cab, bladf, and aux€inry hydraulics Code: A. Product- Item. Base Unit Price Per Contractor's H-GAC Contract: 54,4~0.04 D. Published Options - Itendze below - Attach additional sheet(s),if necessary - include Option Corte in description if applicable. Note: PublisbM Options arc options which were, submittcd atud priced in Contnktoes bid.) Description Cost Description Cost A534-K50iRR deduct canopy {48,912.00) A534-cab Add cab 54,$44.00 ; ; . Subtotal From Additional Sheet(s): Subtotal B, ; 5,892.40 1 C, Unpublished Optimis - Itemize below / attach additional sheet(s) if necessary. (Note.- Unpublished options are items.whieb vrerc cw. t submitted and pricer in Co:rtr.d0o's bid j Description Cost Description Cost : : Subtotal From Additional Sl~eet(sj: Subtotal C; 0.00 . Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit ; this transaction the percentage Is: 4% ]For Price plus Published Options (A+B). IL-- , Other: Cost Items Not lfetnixed Above {e.g. Igstailntiao, eight, Delivery, lrW Description Cost Description Cost Factory Freight 1,104.00 PD & i ocal delivery 1,450.00 L Subtotal D.: 2,150.04 c: Tgfl Cost BeSorc" Any Applicable x rage lli / Othe r A]lRWatcs / A Gscou tits (A t$~ C+j 62;502:00 Quantity Ordered: X Sttbtotat of A B C+m 62,502.00 =IFSubtotal 62,502.00 F, H-GAC Fee Calculation (From Current Fec Tables) Subtotal F. ; included G. Trade4las I Other A116Warn0s / Special Discounts Description ; Cost Description : Cost Subtotal G: ; 0.00 Delivery Date:? 120 days ARQ X Total-Purchase Price (EiTi-0) 62,502.01 Item 2A Victor (Vic) Lea Lowest Ford Prices in Texas Y~Sarn Pack- Both New & Used vehicie$ ~ iV l'x ~t,•~y Fleet & Credil Unipp Sales Mgr. i Monday Thru Friday &;?t) ~m `ril l1 pm By Ap>D nt Only K~'•}} Sat. 3 3 prTl- prt>-8 pm - ~1J nmOne .lrrar~ay P.O. Box 110098. - 7 •,n ' 2 rl/ik, ;V&4 d1.~~ Carrollton, Texas 75411-0098 OA TE; - v T - Off. 972/242-6413 Ext. 285 fFi3ri ~nle,alr~lr 3Sf Fax and Hot Lane 971/243-8115 Lanvllnn, .]une 7,5006 Tt111rrve 1(800) 241.6415: _ NAME C OF ay ' /A 4 MAW wo[7n>;SS l1 1I4N/vI~ mess N4W ~IA EOOY TYpz CO MI - Q~TI'gi dL IGWPMLNT WE UNIT TOTALUPTIONS &,W ed. 22LVZ,2~ Y9 I-EAWA119 l G7 ~ /~Ilo 1 A1~3 1102' _ TOTAL ~ Cpiif . ui,VYl- 1230 LF55 TRADE or,~~~rrrc~ . ~ 2~z 4 411,F IJYGtIi,~~ ~ STAtF'1AX 5. A Y S"F,Z T Y 1NS f, 4)71' S Me A 1"'3L irA Wf~ .5 /ire tT~. r ly F C 1011(0 Ct " UM MENTAK Y FEE S 5 E M`vH 0A.D 04k 40 TOTAL WD s oe ftrf4 _ y~ ~1 i/' talllY eta ~f pni ■n ,nrrlct.f. ++tw, 1ti R nitsY 140 ~]i4 lQI~I~M n t i.;,_._ f:. ._p51!)) !r Q {r v.td v ii PV, bvt tiwg.b p dlpr~rd id LvYirl a er ~vadl~np't~a~umtrit) ind b4r'1almlrtQ erlcit 1il:ltc! td +r'AI ~G~f 3i0 tttl clvi:n 9i : i~lt. guy.ri "y "midbly.n1im 4164 1", ? to ih. wii, 6y 6,41.0 lha'dpwuwnd ind ptefaimin9 tht• i rv.,ctl Mt6d is 188 rloring, of t1i. air, %1 Odc~m+nt,eY 31 Fri 1rRy nol i++c r,011 ' ThG 11411C,t 4 taelyltad Uy taw, e Lt t7++rr Cc r, - 4 34 0 - - • - Item 2B Knapheide Truck Equipment Southwest QUOTATION r 398 N, 1-35 Service Road Red Oak TX 75154 Quote iD: 20507 WPOE On Phone: 877-473-5763 Fax: 972.617.8581 Page 1 of 2 Sft13Ck f8d€3 www.kn.apheidesouthwest.corn Customer: CITY OF DENTON Quote Number: 20507 ACCOUNTS PAYABLE Quote pate: 3/10/2010 215 E. MCKINNEY ST. DENTON TX 76201-4299 Quote valid until: 419/2010 Phone: Salesperson: Keith Ball Fax: 1-940-349.7789 Make: FORD Model, F-350 SUPER DUTY year: 2009 Sloglelpual, DRW CHASSIS-CAB Cab Type. CONVENf'I Wheelbase. 164.8 Cab-to-Axle: 84 VIN: ONAL QTY PART NUMBER DESCRIPTION. UNIT PRICE AMOUNT 1 KTEG 91-8©FLSPI213117 PRO TREWLATE 1€/07, . 1 KTEG 20-LKM20-LED LIGHTS LED 8.5 - 30' MOD. B 1 KTEG 19-BMLS6- BED MT.K1T 10'-20' MED.DUTY 1020 1 KTEC 00-CWT ,Cl. RTIFIED WE[GTH TIGKET 1 KTEC 98- BUMPER ANGLED STEP PRO SERIES BUPSTCP60 1 KTEG 91-BHSQ- _ PRO BULKHEAD SQUARE MEDIUM . 611W11 BHPR-SQ2 5692MD t 1 KNAP TBLJ3614A TOOL BOX ASSY TBU3614A SLACK UNDER BODY 36.12" L 14.25" H 1 KTEG STAKE12PRO STAKE PACKAGE FOR 12' PRO SERI 1 THIE TVL20-9042. LIFTGATE 20130# RAIL GATE 1 KTEC 1KLIFl"GATE INSTALL KIT/ LIFTGATE LIGHTS Quote Total: $6,993..00 Discount: $0.001 Sales Tax: $0.00 Total Due. $6,993.00 The foliowing. o tions may be added: I QTY PART NUMBER D1 SCRIPTION UNIT PRICE AMOUNT Customer must fill out the information below before the order can be processed.,. Accepted by: Bate: P.O. number:. ♦ Labor and installation is included in ail pricing. Terms are Due Upon Receipt unless prior credit. arrangements are made at the time of order. Item 2B Knapheide Truck Equipment Southwest QUOTATION 398 N. 1-35 Service Road Red Oak TX 75154 Quote ID: 20507 HE[ Phone-. 877-473-5763 Fax: 972-617-8581 Page 2 of 2 SINCEIR.49 www.knapheidesouthwest.com + Options DO NOT include Sales Tax Notes: 12' Pro series Stake bed Thieman TVL-20 2004# lif3gate lea 14x 1406 underbody toolbox Item 3 KUBOTA TRACTOR GORPORATIQN GR01-10 NATIONAL ACCOUNT PRODUCT QUOTATION Contract Pricing Workshoot PHONE: 310.370-3370 En. 1813 FAXr 310.3T0-3&46 EVAfL: C0 NNE7T@KUBOTA.C0M Quota 0 80AC34.110 Purchasing Parry: City of Denton Dealer. Ztmrnerer Kubota Contact: issue PO's TO ADDRESS: Phone M Kubota Tractor Corp. CITY: Denton STATE: Texas Fax 4: 340t Doi Arno Blvd CONTACT NAME: Mike Karnes ZIP: TcaranCe,CA Email: tOW3 PHONE: FAX: COMMENTS; PriCos for a iuc# iro#ad arQgood #ar40 days from vote date.- -IMPORTANT •Thls Wi?BKSHEET MUST 8E VEHtFlEU BY-KV9,0TA HATIONAl ACGpUN7S t~i O-6 a TAO} is I~sua~3, Figaso iex to Cypthle Bennett {310} ;1-76-3846 or c lla]I errlatl tho vrofkairaot to_46on.ilotI0K bGlrt c0W, v _s Wllloot1 vorl d t,s3gto ma 114 subjrict't0 ah nge-' Pd Mull tae i5suud To Ku r W - aTf17Ctor Corporation _ Gr nars! Dessr}ptlon of Rrotjuct B, B) , L, Ill8erlos (n-A) RTV Sor" (17% Z F69 dos (20_%) T1G Serio_s (10%) ORDERING INFORM1ATIUN FOR KtJBOTA USE ONLY Product UNIT LIST NATIONAL ACCT. TOTAL LIST TOTAL NATIONAL QTY. Code f SOOEI CODE Assembly Fees Apply PRICE DISCOUNT PRICE PRICE ACCOUNT PRICE A. scat 1 Pr1co Sheet hams baln umho8ad , Itombto B0 1 1 RTV1100CW9L-I I Lytillt Vehicle wf Worksite tires $ 19,225.00 $ 15,956.75 $ 19,225.00 $ 154956.75 Facto Cab wl AIC & Healer included Factory Spay-on becillner included 1 V4349 Straight 2" hitch ball mount $ 30.00 $ 24.90 $ 30.00 $ 24.90 Subtotal A $ 19,256,00 $15,981.65 $ 13.255.00 $ 16,981.661 U. Un uojishad © clone, Accoasa~ ar 5 rv'ce Items ItUmlta Bdio.v Subt4tai 8, $ $ r,. Other Allowances, Discounts, Trade-Ins, Frel ht, mako Rwtoy or MIS-col 1 Standard Kubota inbound freight char es $ 320,00 $ 320.00 $ 320.00 $ 320.00 1 Assembly Fee $ 250:00 $ 250.00 $ 250.00 $ 250.00 Subtotal C $ 57000 $ 570.00 $ 570.00 $ 570.00 Check: -total cost of UnpubUhgd Options (El) cannotezceed 25% of 64 For oils Uansaction tie total of ttre Base UNI Price plus Published Options (A+B) pervenlage 1s: o a $19,825.00 $16,551.65 $19,825.00 $16,551.65 AUTHORIZED SIGNATURE, K I?ATE HGAC order processing charge of 1.6% on Seclon 8 items is are responlAtyof tho delivering dealer, Kubota vAl reenbumo HGAC for the aNke order procoWng charge and deduct the amount appFtaoe to Section 8 from Internal Kubota NO discoutils All orders are subject to the terms and conditions as outlined in the National Purchase Agreement. Payment Terms Net 45 Days The Standard Kubota Warranty Ap ilea, which does not Include pick up or delivery. FOR KTC INTERNAL USE- Quote >i: HGAC34-10 Quota Data: 3111110 Verified 13y. DAN Item 4 Okl.ihoma Clty,.Ot$ t allay, TX KK . 3 , _ t Tulsa. Ott ft.ottto€re T 'Neierrotl' Equipmonl supptlor !or the 2008 Senior PGA.Chanplonstrlp & 2007 PGA Championship x a lf4 x W; t.1101-4' Quotation Customer: City of Denton Date: 302010 Attn.: David Dugger _ AccI. Type: City _ Phone:~ E-mail: davld,du e€ ci odontoAn cons Fax: Mobile- 946-465-6085 QTY MODEL # DESCRIPTION UNIT PRICE EXTENDED PRICE 1 ATM162 Dowexe ATM162 All Terrain Mower, 109,90o.00 99 H.P. Cummins Turbo Diesel Engine, 155" Cutting Width, Height Adj. From 2.5" to 11.5" All Hydrautic Deck Drive, Power Steering, Automatic Leveling, Factory Cab With BOPS, AC, Heater & AmlFM Radio, Buy-Board Contract (5"t98.00) Buy-Board Contract # 292-08 r--" f f S "Grounds Maintenance Equipmont" .f 1 Prop & Set-lap 860.00 Total Delivery Price 105,265.00 a rsu~i,Ei _ QUOTATION VALID FOR 30 DAYS ° Accepted By. Rod Luber V.P. Sales I Warranty Date: Cell: 405.833-4507 Office: 405-789-9464 roc411JberCn7luber,cc,nl PO WWYVAtt!}t3r.00M. Item 4 - A r U subtotal. E F Non-Equipment Charges (!Trade-In, Warranty, Etc,,.) FEE $400 G. Color of Vehicle: WHITE F Estimated Delivery 60-90 DAYS APPX Date: Items 5 and 6 QUOTE# 001 CONTRACT PRICING WORKSHEET End User: CITY OF DENTON Contractor: CALDWELL COUNTRY CHEV Contact Name: MIKE ELLIS CALDWELL COUNTRY CHEVROLET Email: MIKE.ELLIS@CITYOFDENTON.COM Prepared By: Averyt Knapp Phone 940-349-8410 Email: aknapp@caldwellcountry.com Fax 940-349.8492 Phone 800-299-7283 or 979- 567-6116 Location City & State: DENTON, TX Fax 979-567.0853 Date Prepared: MARCH 8, 2010 Address: P. O. Box 27, Caldwell, TX 77836 Contract Number: BUYBOARD #281-07 Tax ID # 14-1856872 Product Description: 2010 CHEVROLET 1500 SILVERADO EXT CAB CC10753 A Base Price & Options: $19,491 B Published Options Code Description Cost Code Description Cost 5.3LV8-E85, INCL AUTOMATIC, AIR CONDITION, AM/FM, TILT, CRUISE, POWER WINDOWS, POWER LOCKS, POWER MIRRORS, THREE KEYS, KEYLESS ENTRY, FULL RUBBER FLOOR, 40-20- 40 CLOTH SEATS F&R CALDWELL COUNTRY CHEVROLET PO BOX 27 CALDWELL,TEXAS 77836 Subtotal B C Unpublished Options Code Description Cost Code Description Cost Subtotal C D Other Price Adjustments (Installation, Delivery, Etc...} INCL Subtotal D E Unit Cost Before Fee & Non-Equipment Charges(A+B+C+D) $19,491 Quantity Ordered 3 X $58,473 Items 5 and 6 Subtotal. E F Non-Equipment Charges (Trade-In, Warranty, Etc...) FEE $400 G. Color of Vehicle: WHITE M. Total Purchase Price (E+F) ~$5II,873 Estimated Delivery J"_90 DAYS APPX Date: Item 7A 1 CONTRACT PRICING WORKSRYET Contract Date VE©3-06 3f1112014 For Standard Equipment Purchases No.: Prepared: This Fer rx tnttst he prepared by Contractor and given to End User, The H GAC tOninistrative fee shall be shown iti Section End User issues PO to Coltrractor, find-ltUS`T' also frcx a copll ofPO, together tt~ith completed Prieing i3'orksheet, it, I1 GACta; 713-951.3-dSd8, Please type orprint lei>ibly. gu)'tng City of Denton Contraclon Dallas Dodge Agency: Cantad Prepared Bert Stull Person: By: Phone: Phone; 214-3194289 Fax: tzar: 214-319-1306 ~n,ait: En~l; bstull@kag-l.:~t Prudutt C10 bescriptionr 2010 Dodge 3500 RC Code. ::jl I I Product itcui Base Unit Price Per Cc titractor's WtAC Ctintrxct; 20060 13. Published Options -Itemize below - Attach additional sheet(s) if necessaxy - Include Option Code in dtscrigtirm if applical,le. Nc tr.; l?ublislzeA Gpiions are optio,rs wbic}r wP.ro submirtud Emd priced inCon€tactor'S bid Description Cost Description. Cost Automatic 1032 i Subtotal Frotn Addifionel Sleet(s): Subtotal I3: 1032 ..`UrrpubUsited Options ..Itemize below attaeb additiougA sheet(s) if necessary, Note: Unpubiislied Oplions are itcros whicb were not suluix QW and priced irr Contrac;tw's bid.) Des'cripti'on Cost - - Description Cost Upgrade to 5504 model with 168.5 \V$ 4120 PTO prep and snow plow prep group (ine 160amp alt) 290 Spare tire and rim 298 Subtotal From Additional Sheet(s), Subtotal Cs 4708 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit . (A+B): For this transaction the percentage is: 21°l Brice plus Published Options D. Other Cost ROM Not Remixed Above (e g lmstallytfory Frelgbt, Delivery, Etc) _ Description Cost Description Cost 170ivery 100 C 723 Subtotalllt 823 Total Cost Before Any Applicable Trade-in t Other Allowances I Discounts (A+B +-C+I)) 27523 Qu"Intity Ordered: C 5 X Subtotal of A+is + C +I)- 27523 $ubtotal E: 137615 V. 11GAC Fee f;aleulatlan (Fran! Current Fey Tables) Subtotal F: 600 ;Trade-Ins / Other AlloWaTICes! SpecialMicqunts Description Cost l3csct'iption Cost Subtotal Gs: .0 Delivery Date: TBiI) IF7 1I. Total Purchase Pl'iee'(E+F+G' : i t s Item 7B Quote Number: 92596 - 3 ALOC, Altec_ Inr. March 12, 2010 NOTE: THIS QUOTE IS IN COMPLMNCE fff7H TEXAS MULPIPLE AWA" SCHEDULE (TX7tIAS) CONTRACTNO. TXMAS 3-,23010. Our 81 st Year Mike Ellis Bill To: CITY OF DENTON CITY OF DiNTON 804 TEXAS ST 804 TEXAS ST DENTON, TX 762094350 DENTON, TX 76209-4350 US United States Altec Quotation Number 92596 - 3 Aitec Sales Order(s): Account Manager: Michael D Covington Inside Sales Rep: Stuart D Graves IVQTE: The following unit pricing is based on a quantity of rive 5) unlfs. Pricing includes Altec unit, body, and assembly. Chassis to be furnished by customer and will be shipped to Altec assembly plant in Creedmoor South Carolina using Dodge dro code 7'8767. I ern Description City Price unit 1. Al-TEC Model AT40M telescopic articulating with an insulating lower arm, insulating 1 telescopic upper boom and the Alter ISO-Grip (U.S. Patent No. 7,416,053) system, an upper control system incorporating high resistance components at the boom tip, for rear mount installation, built in accordance to ALTEC'S standard specifications and to include the following features: A. Material Handling System: Hydraulically articulating jib (Alter ARM Jib). Material handling system comes with 80ft of 0.50 inch polyester double braid rope and a metal thimble in the working end. Minimum breaking strength of the rope is 8,400 lbs, Material handling capacity is dependent upon upper boom extension and lower boom articulation angle. B. Ground to Bottom of Platform Height: 40 feet at 10.7 feet from centerline of rotation (12.2 m at 3.3 m) W e Wish To Thank You ForGiving Us The Pleasure And Opportunity of Serving You Page 1 of 13 UTILITY EQUIPMENT AND BODIES SINCE 1929 Item 7B Quote Number: 92596 - 3 AN)a Altec, Inc. C. Working Height: 45 feet (13.7 m) D. Maximum Reach to Edge of Platform: 30.8 feet at 16.5 foot platform height (9.4 m at 5.0 m ) E. Lower Boom Insulator: Provides 9.5 inches (241 mm) of isolation F. Side by Side Boom Configuration: Travel height approximately 10'2 on a chassis with approximately 30 frame height. This may have to be increased depending on cab configuration. G. Articulating Arm: Tubular steel structure. The articulating arm is designed so that the articulating arm and tension link are compensating. By raising the articulating arm only, the lower and upper boom maintain the same relative angle with the ground. By raising the articulating arm in conjunction with the lower boom, the operator is able to position himself more quickly and easily into the work area. H. Lift Cylinders: The rod eye is welded to the rod while the blind end of the cylinder is of cast steel, one piece design, which utilizes cartridge-type, bi-directional counter- balance holding valves. The lower boom and arm cylinders have spherical-type bearings on both rod and base ends. I. Lower Boom: Fabricated, reinforced steel box structure. Ultra high molecular weight polyethylene slide pads are installed at the boom tip to guide the telescopic upper boom. These pads have a large contact area in order to reduce wear. The pads are shimmed and attached for ease of adjustment or replacement without disassembly of the booms. J. Lower Boom Pivot Pin: high strength chrome plated steel with self-lubricating, replaceable, non-metallic bearings. K. Telescopic Upper Boom: filament wound, square fiberglass, providing a minimum of 31.5 inches (800 mm) of isolation. The inner surface of the fiberglass boom is coated with polyurethane to provide a dry, smooth inner surface, which will cause moisture to bead. The outer surface has a smooth gelcoat finish. L. Upper Boom Extension: The upper boom is extended and retracted by a double acting hydraulic cylinder installed within the booms. The boom extends and retracts over slide bearings located in the end of the lower boom. M. Hydraulic System: The open-center hydraulic system operates at a system pressure of 3,000 psi (20.7 Mpa, 207 bar) and a free flow rate of 6.0 gpm (22.71pm). The system consists of a pump, 15.0 gallon (56.81) hydraulic oil reservoir, inlet manifold, lower control valve, tool/jib valve and single handle upper control valve assembly. N. Pedestal: Post-type structure design with 12.75 inch (323.8 mm) diameter vertical pedestal tube with a heavy-duty welded flange at the base end and openings that provide easy access to the hydraulic hoses. The round structure facilitates personnel movement between the pedestal and body sides. Includes pedestal base plate for attachment to subbase. 0. Rotation: Continuous rotation is provided by worm gear drive, equipped with extended shaft for manual rotation, driving a shear ball bearing rotation gear. The fully adjustable rotation drive assembly includes an external eccentric ring adjustment of the gearbox pinion gear to the main rotation bearing, permitting the ability to easily adjust backlash, reduce boom side play and ensure proper tooth We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 2 of 13 UTILITY EQUIPMENT AND BODIES SINCE 1929 Item 713 Quote Number. 92596 - 3 Atec, Altec, Inc. contact over the life of the unit. This reduces life cycle cost. All bearing attachment bolts are easily accessed from outside the pedestal and inside the turntable. P. Turntable: Steel fixture-welded structure with a 1.25 inch (32 mm) steel bottom plate. The bottom plate of the turntable is machined after welding to ensure a flat mounting surface for the rotation bearing. The hydraulic rotary joint and hydraulic hoses are located in the turntable for ease of access. The main control valve is located outside the turntable for convenience and ease of access and is covered for protection. Q. Platform Leveling System: The platform is leveled by hydraulic leveling means, contained within the upper boom and designed to maintain the dielectric integrity of the aerial device. Controls for leveling and tilting the platform are located at the platform. Leveling for the platform includes two double acting cylinders incorporating counterbalance load holding valves to lock the platform in the event of hydraulic line failure. Cylinders are located at the platform and at the end of the lower boom. The master-slave action of the cylinders maintains a level platform throughout the full range of boom articulation. R. Platform: Fiberglass non-insulating platform for use with or without insulated liner (per ANSI A92.2). S. ISO-Grip System: The Altec ISO-Grip (Patent Applied For) System includes the following boom tip components that can provide an additional layer of secondary electrical contact protection. This is not a primary protection system. 1) Control Handle: A single handle controller incorporating that is dielectrically tested to 40 kV AC with no more than 400 microampers of leakage. The control handle is green in color to differentiate it from other non-tested controllers. The handle also includes an interlock guard that reduces the potential for inadvertent boom operation. 2) Auxiliary Control Covers: Non-tested blue silicon covers for auxiliary controls. 3) Control Console: Non-tested non-metallic control console plate. 4) Boom Tip Covers: Non-tested non-metallic boom tip covers. The covers are not dielectrically tested, but they may provide some protection against electrical hazards. T. Outrigger/Boom Interlock System: Prevents boom from being unstowed until outriggers have been at least partially deployed. U. Outrigger/Unit Selector Control: Located near the outrigger controls, allows operator to divert hydraulic oil from machine circuit for outrigger operation. This reduces the potential for inadvertent outrigger movement during machine operation if outrigger controls are bumped. V. Outrigger Motion Alarm: Provides audible alarm when any of the outriggers controls are operated. W. Back-up Alarm, installed X. Diagnostic Pressure Test Quick Disconnect Couplings: are located at the turntable to allow a mobile service technician to quickly and easily attach a test gauge to verify system and tool circuit pressure. This reduces life cycle cost. Y. ANSI Category C, 46 kV and below dielectric rating. Upper boom must be extended approximately 20 inches Z. Manuals: Two (2) Operator's and two (2) Maintenance/ Parts manuals containing W e Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 3 of 13 UTILITY EQUIPMENT AND BODIES SINCE 1929 Item 7B Quote Number: 92596 - 3 Aitec, Inc. ''Atm. instructional markings indicating hazards inherent in the operation of an aerial device. AA. Paint: Painted with the Altec Powder Coat Paint Process which provides a finish- painted surface that is highly resistant to chipping, scratching, abrasion and corrosion. Paint is electro-statically applied to the inside as well as outside of fabricated parts then high temperature cured prior to assembly ensuring maximum coverage and protection 2. Custom Pedestal/Mounting Location engineering to determine pedestal height. 1 3. Single One-Man Platform - 24 x 30 x 42 inches (610 x 762 x 1067 mm) end mounted 1 platform, rotates 180 degrees around boom tip. Platform has a capacity of 400lbs without liner on the AT40M (600lbs without liner on AT40P) 4. One (1) Platform step - located on the side of the platform nearest the elbow in the 1 stowed position 5. Platform Cover - soft vinyl, 24 x 30 inches (610 x 762 mm) 1 6. Platform Liner - for one-man fiberglass platform, 24 x 30 x 42 inches (610 x 762 x 1067 1 mm), 50 kV rating (minimum) 7. Hydraulic Tool Circuit at Platform: Control easily accessible to the operator activates the 1 tool circuit which provides a maximum of 6.0 gpm (22.7 Ipm). Tool system relief pressure set at 2,000 psi (13.8 Mpa). One set of hydraulic tool outlets at the boom tip; they consist of one set of quick disconnect couplings at the platform, a valve assembly inside the control cover, and detented control handle. Operates open center tools 8. Engine Start/Stop with Secondary Stowage System, 12 VDC electric powered. Includes 1 pump and motor, operates from chassis battery. Control is captive air operated from the platform and momentary switch operated from the lower controls and tailshelf. This option allows the operator to completely stow the booms and platform in a situation wherein the primary hydraulic source fails. Requires Slip Ring and Power Distribution Module or Start/Stop/Throttle Module (unless chassis has correct Diamond Logic codes) 9. Throttle Control - Control is captive air operated from the platform and momentary switch 1 operated from the lower controls and tailshelf. NOTE: Requires Slip Ring and code 391 or code 392 (unless chassis has correct Diamond Logic codes). Not available on Ford F-550 10. Slip Ring. NOTE: Required for engine start/stop, secondary stowage system and throttle 1 control options 11. Start/Stop/Throttle module for 12 volt system 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 4 of 13 UTILITY EQUIPMENT AND BODIES SINCE 1929 Item 7B Quote Number: 92596 - 3 Atea Altec, Inc. 12. Outriggers, Primary - 28 to 32 inch (711 to 813 mm) chassis height. Fixed shoe modified 1 A-frame, 112 inches (2845 mm) at maximum spread (outside of footpad to outside of footpad) and 7 inches (178 mm) penetration at a 30-inch chassis height. 12 Volt outrigger controls mounted at rear of body. Installed on Ford F-550, Dodge Ram 5500, or Sterling Bullet 13. Fall Protection System to include one body harness and decelerating type lanyard. 1 Harness has adjustable slide buckle on shoulder straps, Velcro chest strap, interlocking buckles on leg straps and nylon web loop fall arrest attachment on back. Lanyard has built in shock absorber that allows 28 inches (711 mm) of automatic adjustability 14. Winch load line swivel hook 1 15. Sight and Temperature gauge for hydraulic reservoir 1 16. Altec Aerial Device Painted White 1 Unit & Hydraulic Ace. 17. MV-22 Hydraulic Oil (Standard). 25 18. Standard Pump For PTO 1 19. Hot shift PTO for automatic transmission 1 Body 20. BrandFX Body 1 21. Fiberglass Body 1 22. Low-Side General Service With Step (LGSS) 1 23. Custom Body Length 132" 1 24. Custom Body Compartment Height 42" 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 5 of 13 UTILITY EQUIPMENT AND BODIES SINCE 1929 Item 7B Quote Number: 92596 - 3 AILEN Altec, Inc. 25. Custom Body Compartment Depth 20" 1 26. Gelcoat Finish Entire Body 1 27. Altec White 1 28. Custom Body Cargo Retaining Option 6" plastic retaining rails at the rear of the truck and 1 at the curbside access steps. 29. Stainless Steel Rotary Latches With Locks 1 30. Rigid Door Holders On All Vertical Doors 1 31. Chains On Ail Horizontal Doors 1 32. Standard Master Body Locking System 1 33. Hotstick Shelf Extending Full Length Of Body On Stroetside 1 34. Two Hotstick Brackets On Streetside 1 35. Standard Drop-Down Hotstick Door For One (1) Shelf On Streetside 1 36. 1st Vertical (SS) - Adjustable Shelf With Removable Dividers On 4 Inch Centers 2 37. 1st Vertical (SS) - Outrigger Housing 1 38. 2nd Vertical (SS) - Adjustable Shelf With Removable Dividers On 4 Inch Centers 2 39. 1st Horizontal (SS) - Fixed Shelf With Removable Dividers On 4 Inch Centers On Bottom 1 of Compartment 40. Rear Vertical (SS) - Locking Swivel Hook(s) On An Adjustable Rail (Left Wall) 1 41. Rear Vertical (SS) - Locking Swivel Hook(s) On An Adjustable Rail (Rear Wall) 4 42. Rear Vertical (SS) - Locking Swivel Hook(s) On An Adjustable Rail (Right Wall) 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 6 of 13 UTILITY EQUIPMENT AND BODIES SINCE 1929 Item 7B Quote Number: 92596 - 3 ® Altec, Inc. 43. 1st Vertical (CS) - Adjustable Shelf With Removable Dividers On 4 Inch Centers 2 44. 1st Vertical (CS) - Outrigger Housing 1 45. 2nd Vertical (CS) - Treadplate Access Steps With Two (2) Sloped Grab Handles 1 46. 1st Horizontal (CS) - Fixed Shelf With Removable Dividers On 4 Inch Centers On Bottom 1 of Compartment 47. Rear Vertical (CS) - Locking Swivel Hook(s) On An Adjustable Rail (Left Wall) 1 48. Rear Vertical (CS) - Locking Swivel Hook(s) On An Adjustable Rail (Rear Wall) 4 49. Rear Vertical (CS) - Locking Swivel Hook(s) On An Adjustable Rail (Right Wall) 1 Body and Chassis Accessories 50. Custom Tailshelf Length 30" 1 51. 94 Wide Tailshelf (Standard) 1 52. Aluminum Tailshelf Construction 1 53. Wheel Chock Holders Installed In Tailshelf, One Each Side 1 54. Rigid Access Step Under Cargo Access Steps 1 55. Compartment Top Access Step 1 56. T-60 Style Pintle Hitch (10,000 LB) 1 57. Set Of Eye Bolts for Trailer Safety Chain, installed one each side of towing device mount. 1 58. Platform Rest 1 59. Boom Storage Support For Telescopic Unit 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 7 of 13 UTILITY EQUIPMENT AND BODIES SINGE 1929 Item 7B Quote Number: 92596 - 3 ® Altec, Inc. 60. Outrigger Pad, 19" x 19" x 2", Treated Wood With Fluorescent Orange Metal Edging and 2 Chain Handle 61. Outrigger Pad Holder For 19" x 19" And Smaller Outrigger Pads 2 62. Wheel Chocks - rubber (Pair) 1 63. Mud Flaps With Altec Logo (Pair) 1 64. 5 LB Fire Extinguisher With Bracket, Shipped Loose 1 65. Triangular Reflector Kit installed behind the passenger seat. 1 66. Timbren Springs 1 67. Vinyl manual pouch installed for storage of all operator and parts manuals 1 Electrical Accessories 68. Install secondary stowage with momentary switch for installation at the rear. 1 69. Install Start/Stop system with momentary switch for installation at the rear 1 70. Install Two Speed Throttle System 1 71. Install Outrigger Interlock System 1 72. Lights and reflectors in accordance with FMVSS #108 lighting package. (Incandescent) 1 73. Altec Standard Amber Strobe Light With Brush Guard location to be determined at sales 2 drawing review. 74. Dual Tone Back-Up With Outrigger Motion Alarm 1 75. 6-Way Trailer Receptacle (Pin Type) Installed At Rear 1 76. Additional Electrical Accessory Traffic Advisor part Whelen TANF85. Recess mounted 1 in the back of the unit We Wish To Thank You For GMng Us The Pleasure And Opportunity of Serving You Page 8 of 13 UTILITY EQUIPMENT AND BODIES SINCE 1929 Item 713 Quote Number: 92596 - 3 Altec, Inc. 77. Additional Electrical Accessory Two (2) surface mounted lights part # Whelen M4A. One 1 (1) clear and one (1) amber. Mounted in line with the traffic advisor one (1) each side. Finishing Details 78. Focus Factory Build 1 79. Delivery Of Completed Unit 1 80. Altec Aerial Device painted white with the Altec Powder Coat Paint Process which 1 provides a finish-painted surface that is highly resistant to chipping, scratching, abrasion and corrosion. Paint is electro-statically applied to the inside as well as outside of fabricated parts then high temperature cured prior to assembly ensuring maximum coverage and protection. 81. Finish Paint Body And Accessories Altec White 1 82. Paint Underneath Black 1 83. Apply Non-Skid Paint (Ferrox) to all walking surfaces including compartment tops 1 84. English Safety And Instructional Decals 85. Vehicle Height Placard - Installed In Cab 1 86. Dielectric test unit according to ANSI requirements, 1 87. Stability test unit according to ANSI requirements. 1 88. Inbound Freight 1 89. Installation - AT40M 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 9 of 13 UTILITY EQUIPMENT AND BODIES SINCE 1929 Item 7B Quote Number: 92596 - 3 ® Altec, Inc. Chassis 90. Chassis 1 91. Customer Supplied Chassis 1 92. 2011 Model Year 1 93. Dodge 5500 1 94. Chassis Color - White 1 95. Chassis Cab To Axle Length - 84 inch 1 96. Chassis Wheelbase Length - 968.5 1 97. GVWR 19,500 LBS 1 98. Other Front Axle Rating 7,500 lbs 1 99. 13,500 LBs Rear Axle Rating 1 100. 6.71- Cummings Turbo Diesel 1 101. Other Transmission 1 102. Single Horizontal Exhaust Right Hand 1 103. Cruise Control 1 1 104. Dodge PTO Prep Package (LBN) 105. Hydraulic Brakes 1 106. 4x2 Drivetrain 1 107. Park Brake In Rear Wheels 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 10 of 13 UTILITY EQUIPMENT AND BODIES SINCE 1929 Item 713 Quote Number: 92596 - 3 Altec, Inc. Aft)a 108. Regular Cab Miscellaneous 109. Standard Altec Warranty 1 Total per unit 71,180.00 Five Unit Grand Total: $355,900.00 Altec Industries, Inc. BY Stuart D Graves Notes: 1 Altec Standard Warranty: One (1) year parks warranty. One (1) year labor warranty. Ninety (90) days warranty for travel charges. Warranty on structural integrity of the following major components is to be warranted for so long as the initial purchaser owns the product: Booms, boom articulation links, hydraulic cylinder structures, outrigger weldments, pedestals, subbases and turntables. Bidder is to supply a self-directed, computer based training (CBT) program. This program will provide basic We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 11 of 13 UTILITY EQUIPMENT AND BODIES SINCE 1929 Item 7B Quote Number: 92596 - 3 Atm. Altec, Inc. instruction in the safe operation of this aerial device. This program will also include and explain ANSI and OSHA requirements related to the proper use and operation of this unit. 2 F.O.B. - Customer Site 3 Changes made to this order may affect whether or not this vehicle is subject to F.E.T. A review will be made at the time of invoicing and any applicable F.E.T. will be added to the invoice amount. 4 Price does not reflect any local, state or Federal Excise Taxes (F.E.T). The quote also does not reflect any local title or licensing fees. All appropriate taxes will be added to the final price in accordance with regulations in effect at time of invoicing. 5 Terms: If chassis is ordered through ALTEC Industries, Inc. the chassis payment is due upon receipt of the chassis at ALTEC Industries, Inc. Balance is due NET 30 days after receipt of completed unit. 6 Interest charge of 112% per month to be added for late payment. 7 Delivery: 210-240 days after receipt of order PROVIDING: A. Chassis is received a minimum of sixty (60) days before scheduled delivery. B. Approval drawings are returned by requested date. C. Vendor or customer supplied accessories are received by date necessary for compliance with scheduled delivery. D. Altec makes every effort to meet the delivery commitments we provide to our customers. Unfortunately, if a chassis manufacturer fails to deliver the bare chassis to our plant for the installation of our equipment, we cannot deliver a finished product to you, our customer. Recent inconsistencies by some chassis manufacturers have forced us to include this disclaimer in every bid. If a chassis manufacturer halts or delays production for any reason, Aitec cannot be hold responsible. 8 This quotation is valid until APR 02, 2010. After this date, please contact Altec Industries, Inc. for a possible extension. 9 After the initial warranty period, Altec Industries, Inc. offers mobile service units, in-shop service and same day parts shipments on most parks from service locations nationwide at an additional competitive labor and parts rate. Call 877-GO-ALTEC for all of your Parts and Service needs. 10 Due to 2010 emissions engine/exhaust changes, all truck chassis manufacturers have had a great influx of orders filling most of the available 2009 calendar year production slots. The manufacturers will only honor their pricing until all the production slots are filled. Once this happens, the pricing will increase to cover the cost of the federally mandated emissions standards, because all remaining orders will be built in the 2010 calendar year. Altec has no way of knowing when the final order cut-off will be, so our chassis price could be subject to change. in addition, at this time, Altec does not have conclusive information as to the final configuration of the post- emission chassis. Therefore, it is possible there will be unknown issues that would require special equipment installation procedures. If your chassis is affected by one of these issues, and Altec has provided the chassis specifications, Altec will notify you in advance what the issue is and what the additional costs will be. If you are providing the chassis, Altec will review your chassis specifications to try to determine any areas that may affect the ability of the chassis to be used for this application. Please be advised that some chassis configurations with the 2010 emissions changes will not be usable in a utility truck application! Altec MUST have access to COMPLETE specs in order to insure viability of your chassis. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 12 of 13 UTILITY EQUIPMENT AND BODIES SINCE 1929 Item 7B Quote Number: 92596 - 3 Mon ;MC0 Altec, Inc. Use of a chassis with 2010 emissions equipment may require some changes in the installation of the Altec equipment, and may add some additional costs to this quote. Altec will not be able to determine any additional cost until chassis manufacturers release complete up-fitter details to Altec. This info is not expected before fall of 2009. 11 Please direct all questions to Michael D Covington at 214 912 6484 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 13 of 13 UTILITY EQUIPMENT AND BODIES SINCE 1929 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE HOUSTON GALVESTON COUNCIL OF GOVERNMENTS, TEXAS MULTIPLE AWARD SCHEDULE PROGRAM (TXMAS), BUY BOARD COOPERATIVE PURCHASING NETWORK AND STATE OF TEXAS COMPTROLLER OF PUBLIC ACCOUNTS COOPERATIVE PURCHASING PROGRAM (TXCPA CO-OP) FOR THE ACQUISITION OF EIGHT VEHICLES AND THREE PIECES OF EQUIPMENT FOR THE CITY OF DENTON UTILITY FUND DEPARTMENTS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4491-PURCHASE OF UTILITY FUND VEHICLES AWARDED TO MULTIPLE VENDORS AS LISTED ON EXHIBIT A IN THE AMOUNT OF $749,569). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission (TXMAS, TXCPA CO-OP) has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC), State Purchasing Building and Procurement Commission (TXMAS, TXCPA-CO-OP)), and Buy Board Cooperative Purchasing Network at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. ITEM NUMBER VENDOR AMOUNT 1 H-GAC/ Bane Machinery, Inc. $ 62,502 2A TXCPA CO-OP/Sam Pack's Five Star Ford $ 25,760 2B Knapheide $ 6,993 3 H-GAC/Zimmer KubotaVermeer $ 16,552 4 Buy Board/Luber Bros. $ 105,265 5 Buy Board/Caldwell Chevrolet $ 19,491 6 Buy Board/Caldwell Chevrolet $ 19,491 7A H-GAC/Dallas Dodge $ 137,615 7B TXMAS/Altec Industries $ 355,900 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC, TXMAS, TXCPA CO-OP, or Buy Board for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the above listed agencies, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by H-GAC, TXMAS, TXCPA CO-OP, or Buy Board, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC, TXMAS, TXCPA CO-OP, or Buy Board, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY h BY: 3-ORD-File 4491 File 4491 Exhibit A Item# Vendor Amount Contract# 1 Bane Machineiv, Inc. $ 62,502 H-GAC #EM06-09 2A Five Star Ford $ 25,760 TXCPA CO-OP Knapheide Truck 2B Equipment Southwest $ 6,993 Not Applicable 3 Zimmer Kubota $ 16,552 H-GAC #GRO1-10 4 Luber Bros. $ 105,265 BuN- Board #292-08 5 Caldwell Chevrolet $ 19,491 TASBBB#281-07 6 Caldwell Chevrolet $ 19,491 TASBBB#281-07 7A Dallas Dodge $ 137,615 H-GAC #VE03-06 7B Altec Inc. $ 355,900 TXMAS -3-23010 Total $ 749,569 DRAFT MINUTES PUBLIC UTILITIES BOARD March 22, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board thereafter convened into an Open meeting on Monday, March 22, 2010 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Dick Smith, Bill Cheek, Phil Gallivan, John Baines, Randy Robinson, Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities Absent: Bill Grubbs, excused OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 2) Consider a recommendation of adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston Galveston Council of Governments and Buy Board Cooperative Purchasing Network for the acquisition of eight vehicles and four pieces of equipment for the City of Denton Utility Fund Departments by way of an Inter-local Agreement with the City of Denton; and providing an effective date (File 449 1 -Interlocal Agreement for the purchase of Utility Fund Vehicles awarded to multiple vendors as listed in the amount of $750,880). Board Member Baines moved to approve Item 2 with a second from Board Member Gallivan. The motion was approved by a 6-0 vote. The meeting N-,-as adjourned by consensus at 10:49 a.m. AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for public access improvements benefitting the South Branch Library, Fire Station No. 6 and Denton Independent School District (DISD) Houston Elementary within the municipal limits of the City and Denton County Precinct No. 1; and providing an effective date. BACKGROUND Driveway access to the South Branch Library, Fire Station No. 6 and Denton Independent School District (DISD) Houston Elementary (bus access) from Teasley Lane is gained via a narrow, approximately 22' wide driveway located wholly within a joint access easement. The easement, located on property owned by Teasley Commons, LTD., was originally executed on May 9, 1991 between the City and the property owner. It was later modified to include DISD on August 17, 1993 and provides for joint responsibility for the maintenance of the drive in question by the City, DISD and the property owner. The attached copy of the property plat on which the South Branch Library and Fire Station No. 6 are located shows the configuration of the access easement (refer to Exhibit 1). The narrow driveway presents ingress and egress challenges to motorists using this access point. For example, if a vehicle is stopped in the driveway waiting for an opportunity to leave the site, vehicles are almost completely prevented from entering the driveway because of the limited nature of the driveway width and the small radii on the existing approach (approximately 10'). The vehicle attempting to leave the site is faced with potential sight distance limitations caused by a vehicle that is stopped in a lane of traffic on Teasley Lane while waiting for an opportunity to turn in to the driveway. Denton County Precinct No. 1 Commissioner Hugh Coleman offered to fund improvements to this public access point on Teasley Lane. Staff met with representatives of the property owner and discussed various options for moving forward, ultimately agreeing to modify the joint access agreement that is currently in place to allow the driveway to be expanded as shown on Exhibit 2. DISD will have to agree to the easement modification, but their staff have indicated that DISD would be open to the changes in order to achieve the improved access. The attached interlocal cooperation agreement (ICA) with Denton County (refer to Exhibit 3) provides for the receipt of $55,000 from the County for the improvement of the public access, with design anticipated by in-house staff and constriction through current ongoing annual contracts. OPTIONS 1. Approve the interlocal cooperation agreement with Denton County. 2. Reject the interlocal cooperation agreement with Denton County. RECOMMENDATION Staff recommends approval of the ICA with Denton County in the amount of $55,000.00. The amount to be made available from Denton County is thought to be sufficient to widen the driveway as shown. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Not applicable. FISCAL INFORMATION Denton County has identified a total of $55,000 from Precinct No. 1 for the City's use on this proj ect. BID INFORMATION Not applicable. EXHIBITS 1. Copy of Block One, Lot A of R.N.W. Addition Plat. 2. Widened Driveway Layout. 3. Ordinance with Interlocal Cooperation Agreement. Respectfully submitted, Frank G. Payne, P.E. City Engineer - I I EXHIBIT 1 i r LLJ I H J 100 "-Mr Q ~ Q c w ~ z Cc ; +ak C n35~} fi~~94 1. ~ { I ~ ~Y h' I' _ z (D c~ I Ld ~X _j W LL < I y~x t `t p F/'t r ~4 1 „1 : pry Z 0 i n Ik r € a r - 4• z EXHIBIT 2 ««««S w z - '7 ,ice - I ! m w `a ~JI I y w~ I i P ~ ICI, ' II III I I t!. E EXHIBIT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR PUBLIC ACCESS IMPROVEMENTS BENEFITTING THE SOUTH BRANCH LIBRARY, FIRE STATION NO. 6 AND DENTON INDEPENDENT SCHOOL DISTRICT (DISD) HOUSTON ELEMENTARY WITHIN THE MUNICIPAL LIMITS OF THE CITY AND DENTON COUNTY PRECINCT #1; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves an Interlocal Cooperation Agreement between the City of Denton, Texas and the Denton County, Texas for the construction of public access improvements within a public right-of-way and easement for public. access, located at the intersection of FM 2181 and the City of Denton South Branch Library, substantially in accordance with the Interlocal Cooperation Agreement which is attached hereto and incorporated herein by reference (the "Agreement"). The Mayor, or his designee, is authorized to execute the Agreement on behalf of the City. The Mayor, or his designee, is authorized to carry out the City's rights and duties under the Agreement. Any prior actions of the City taken pursuant to the Agreement are hereby ratified. SECTION 2. The City Council finds that the Agreement will benefit the City of Denton and is in the public interest. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this, the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TOE ANITA BURG-VSS, CITY ATTORNEY i THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY TEXAS AND THE CITY OF DENTON TEXAS THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, engaged in the administration of county government and related services for the citizens of Denton County, Texas, hereinafter "the County;" and the City of Denton, Texas, a corporate and political body duly organized and existing under the laws of the State of Texas, engaged in the administration of municipal government and related services for the citizens of the City of Denton, Texas, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." WHEREAS, the County and the City mutually desire to enter into this Agreement whereby the City agrees to perform construction of driveway widening and public access improvements on public right-of-way and a certain perpetual and nonexclusive easement granted, in part, to the City, pursuant to the terms and restrictions of an Easement Agreement recorded at document number 93-R0058368 of the Real Property Records of Denton County, Texas (hereinafter, the "Easement"), for the public purposes specified therein, which improvements are generally located at the intersection of FM 2181 and the City of Denton South Branch Library, within the municipal limits of the City and Denton County Commissioner Precinct #1, in accordance with the plans to be prepared by City of Denton Utility and CIP Engineering staff, generally as depicted on the attached Exhibit 1, hereinafter "the Project;" and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act and the County and the City herby mutually agree to be subject to the provisions of the Act; and; WHEREAS, the County and the City value the timely completion of the Project which involves access to a road which is an integral part of the County's road system and the Parties are undertaking the Project to improve safe access on this improved roadway; and City of Denton ICA - FM 2181 at south Branch Library Intersection Improvements Page 1 of 8 NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: WITNESSETH: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services in the area of streets, roads and drainage. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. it. The County and the City hereby agree that the scope of the Project shall be limited to construction of driveway widening and public access improvements on public right-of-way and the aforementioned Easement, located at the intersection of FM 2181 and the City of Denton South Branch Library within the municipal limits of the City and Denton County Commissioner Precinct 41 at a total cost which shall not exceed FIFTY FIVE THOUSAND AND N01100 DOLLARS ($55,000.00), hereinafter "the cost of the Project." III. The County hereby agrees to contribute an amount which shall not exceed FIFTY FIVE THOUSAND AND NO1100 DOLLARS {$55,000.00} toward satisfactory completion of the Project, provided that any and all funding is approved by formal action of the Denton County Commissioners Court. IV. This exchange of in-kind services is deemed adequate consideration for the obligations exchanged by the Parties herein. V. The City agrees to secure a contract for the construction of the Project and to oversee any necessary engineering which may be required for satisfactory completion of the Project. In addition, the City will provide all project inspections and approve all payments as construction invoices are received. City of Denton ICA - FM 2181 at South Branch Library Intersection Improvements Page 2 of 8 VI. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City's representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance or repair of the drive constructed within the specified Easement, located in the County and in the City. VII. Payment to the City is due upon execution of the contract. In the event of any change order that would add additional costs to the Project, the City shall obtain prior approval from the governing body of the County before any change order is authorized. In the absence of prior consent from the governing body of the County, the City shall be responsible for all additional costs related to change orders. In the event that additional work must be conducted in the interest of preserving public health, safety or welfare, the City shall be authorized to proceed with the work on a time and materials basis and shall immediately notify the County of its intent to do same. In this instance, the County will grant formal approval of the necessary change order upon presentation of written justification for same from the City. VIII. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. Based on the results of the audit, the City will be made whole for any costs incurred by the City that are above the estimated cost of the. Project, or the City will reimburse the County for any sums below the estimated cost of the Project which are not expended on the Project. IX. This Agreement may be terminated in whole or in part by the County or the City upon thirty [30] days written notice to the other party setting forth a substantial failure by the defaulting party to fulfill its obligations under this Agreement through no fault of the terminating party. No such termination may be effective unless the defaulting party is given: (1) written notice delivered via certified mail, return receipt requested, of intent to terminate, setting forth the substantial failure to perform; and (2) not less than thirty [30] calendar days to cure the i failure; and (3) an opportunity for consultation with the terminating party prior to termination. In City of Denton ICA - FM 2181 at South Branch Library Intersection Improvements Page 3 of 8 the event of termination by the County, the County shall pay all approved invoices submitted up to and including the date of termination. X. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations and/or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Mark Burroughs Mayor of the City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 Copy To: Mr. George C. Campbell, City Manager City of Denton 215 E. McKinney Street Denton, Texas 76201 For County: Honorable Mary Horn Denton County Judge 110 West Hickory, 2;'a Floor Denton, Texas 76201 Copy To: Denton County Criminal District Attorney's Office Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 XI. The covenants, terms and conditions herein are to be construed under the laws of the j State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. XII. The County agrees and understands that the County, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the City. City of Denton ICA- FM 2181 at South Branch Library Intersection Improvements Page 4 of 8 XIII. The City agrees and understands that the City, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the County. XIV. The County agrees to accept full responsibility for the acts, negligence and/or omissions of all County employees, agents, subcontractors and/or contract laborers and for all other persons doing work under a contract or agreement with the County. XV. The City agrees to accept full responsibility for the acts, negligence and/or omissions of all City employees, agents, subcontractors and/or contract laborers and for all other persons doing work under a contract or agreement with the City. XVI. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. XVII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XVIII. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XIX. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed and the term of this Agreement is for the life of the City of Denton ICA - FM 2181 at South Branch Library Intersection Improvements Page 5 of 8 Project beginning on the date of execution of this Agreement and continuing until the Project is completed. Executed in triplicate originals this day of 52010. DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS 110 West Hickory, 2nd Floor 215 E. McKinney Denton, Texas 76201 Denton, Texas 76201 By: By: Honorable Mary Horn Honorable Mark Burroughs Denton County Judge Mayor of the City of Denton, Texas Acting by and on behalf of the authority of Acting by and on behalf of the authority The Denton County Commissioners Court of the City of Denton ATTEST: ATTEST: By: By: Denton County Clerk City Secretary APPROVED AS TO FORM: APPRO S TO FORM: By: Assistant District Attorney y City of Denton ICA - FM 2181 at South Branch Library Intersection Improvements Page 6 of 8 COUNTY AUDITOR'S CERTIFICATE I hereby certify funds are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. Denton County Auditor APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project at a total cost which shall not exceed FIFTY FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00), which shall be paid to the City of Denton, Texas, by Denton County, Texas, herein gives its specific written approval to the Project prior to beginning the Project in satisfaction of Texas Government Code Chapter §791.014. The description of the Project to be undertaken and its location are as follows: Driveway widening and public access improvements on public right-of-way and a specified perpetual Easement to allow access to public facilities, generally located at the intersection of FM 2181 and the City of Denton South Branch Library, within the municipal limits of the City and Denton. County Commissioner Precinct 91. The local governments which requested the Project and with whom the agreement is by and between are Denton County, Texas, and the City of Denton, Texas. By vote on the date below, the Denton County Commissioners Court has approved the project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date: By: Presiding Officer of the Denton County Commissioners Court City of Denton ICA- FM 2181 at South Branch Library Intersection Improvements Page 7 of 8 Z w ¢ Z© z g, Ei w w J -LL Q wa ¢o Z U F 3` I Z W. w- U ~ J to), o1 ~o~ W IL z - NI A31SVIL s.. _r.....,...._ rr a c a' aa~ I aaq aan}n~ z T = W > Z W R0 L~ LL LW i This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: General Government CM/DCM/ACM: George Campbell, City Manager SUBJECT: Consider approval of a resolution by the City Council of the City of Denton, Texas regarding the Best Practices for Pipeline and Municipality Relations Resolution; and providing an effective date. BACKGROUND: A group of public officials and members of the Texas Pipeline Association (TPA) have been working in a collaborative manner to improve communications between the pipeline industry and local municipal governments located in the Barnett Shale production area. This group met on a number of occasions to discuss the issues that surround pipeline routing through municipal jurisdictions. Mayor Mark Burroughs attended these meetings as Denton's representative. The following municipalities participated in the workgroup: Argyle, Arlington, Cleburne, Copper Canyon, Denton, DISH, Flower Mound, Fort Worth, Lewisville, Mansfield, Northlake, and Southlake. Company officials from the following companies also participated: Atmos, Chesapeake Energy, Crosstex, Devon, Enbridge Inc., Energy Transfer, Epco, Quicksilver, Williams E & P, and the Texas Pipeline Association. State and national public officials also participated or sent staff members to participate: State Representatives Tan Parker and Lon Burnham attended personally, and State Senators Davis, Nelson, and Harris sent representatives, and US Congressman Michael Burgess also sent a member of his staff. The results of this collaborate effort was the Best Practices for Pipeline and Municipality Relations. This document is designed to enhance the routing process, through communication and mutual respect. The pipeline industry also adopted a document called General Guidelines for Right Away Acquisition, Construction and Operations. These two original documents were presented to the City Council for review at the March 9, 2010, Work Session. Mayor Burroughs joined several other mayors in sending out a letter asking towns and cities to support the passage of the original resolution and commitment to adhere to these best practices when dealing with pipeline companies. The original resolution and letters were presented to the City Council for review at the March 9, 2010, Work Session. At the March 9, 2010, City Council Work Session, staff was instructed to address certain issues and redraft the wording in the Best Practices for Pipeline and Municipality Relations document, and adopting resolution, to address those issues. Attached is the revised Best Practices for Pipeline and Municipality Relations document and adopting resolution. It should be noted that staff plans to address standards and practices related to gas pipelines in a proposed City ordinance, which will be brought to the City Council in the future. ADA/EOE/ADEA www.citN-oftlenton.com JDD 800-735-2989) RECOMMENDATION Recognizing that certain standards and practices may be addressed by ordinance in the future, staff recommends approval of the revised Best Practices for Pipeline crud Municipality Relations document, as a temporary measure, until more specific standards and practices may be adopted by ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commission): City Council Work Session - March 9, 2010 City Council Work Session - April 6, 2010 FISCAL INFORMATION: None Respectfully submitted: ---C,L ej"~~ John Cabrales Jr. Public Information/Intergovernmental Relations Officer Attachments: Pipeline Proposed Resolution (redlined). Pipeline Proposed Resolution (revised). Best Practices for Pipeline and Municipality Relations (redlined). Best Practices for Pipeline and Municipality Relations (revised). General Guidelines for Right of Way Acquisition, Constriction and Operations. Pipeline Proposal Cover Letter. Pipeline Proposal Letter. ADA/EOE/ADEA www.citN-oftlenton.com (TDD 800-735-2989) documents and settings ieriehar'local setting-~ temporan internet files 'content.outlook 95%ned3n 1)ineline proposed resolution redline - denton (.ipr 2010) do, RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING REGIONAL "BEST PRACTICES" STANDARDS CALCULATED AT FOSTERING IMPROVED INTRASTATE GAS UTILITY-MUNICIPAL RELATIONS WITH REGARD TO THE ACQUISITION AND ROUTING OF PIPELINE RIGHTS-OF-WAY THROUGH INCORPORATED AREAS A EXTRA TERRITORIAL JURISDICTION AREAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is a duly incorporated municipality located in Denton County, and created in accordance with the provisions of Chapter 8 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the development of the Barnett Shale has necessitated the installation of a comprehensive intra-state pipeline network though which produced hydrocarbons are carried from gas well operators to the public utility system; and WHEREAS, this pipeline network frequently conflicts with the long range comprehensive planning goals of north Texas municipalities and creates hardship for individual property owners affected by pipeline routing; and WHEREAS, in an effort to mitigate the conflict and hardship posed by pipeline right-of- way acquisition and routing the Texas Pipeline Association, a private trade association representing the interests of the intrastate pipelines in Texas, has endorsed the concept of a regional "best practices" policy; and WHEREAS, through the collaborative efforts of many north Texas municipalities and the Texas Pipeline Association and its members, the parties have developed guidelines entitled: "Best Practices for Pipeline and Municipality Relations"; and WHEREAS, the Citv Council of the Citv of Denton, reviewed the "Best Practices for Pipeline and Municipality Relations" guidelines developed by this group, and decided to revise these guidelines in an effort to address certain issues, and WHEREAS, the revised non-binding "Best Practices for Pipeline and Municipality Relations" guidelines constitute a series of non-legislative standards setting forth the parties' expectations with respect to pipeline pre-routing, right-of-way acquisition and constriction; and WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the best interest of the public health, safety and general welfare to endorse the revised non-binding "Best Practices for Pipeline and Municipality Relations~,_,uidelines attached hereto; and WHEREAS, the City Council of the City of Denton, Texas would further encourage intrastate gas utilities to endorse and commit to the standards set forth in the revised "Best Practices for Pipeline and Municipality Relations" guidelines, with respect to pipeline operations in incorporate areas, NOW, THEREFORE, documents and settings ieriehar'local setting-~ temporan internet files 'content.outlook 95%ned3n 1)ineline proposed resolution redline - denton (.ipr 2010) do, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, does hereby endorse the revised "Best Practices for Pipeline and Municipality Relations" guidelines attached hereto as Exhibit "A". The revised "Best Practices for Pipeline and Municipality Relations" guidelines are not intended to serve as legislation of the City of Denton, Texas, and instead are calculated at fostering improved intrastate gas utility-municipal relations with regard to the acquisition and routing of pipeline rights-of-way through the City. SECTION 2. This Resolution shall be effective from its date of adoption. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 scour documentsVesolutions\Mbest practices pipeline reso.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING REGIONAL "BEST PRACTICES" STANDARDS CALCULATED AT FOSTERING IMPROVED INTRASTATE GAS UTILITY-MUNICIPAL RELATIONS WITH REGARD TO THE ACQUISITION AND ROUTING OF PIPELINE RIGHTS-OF-WAY THROUGH INCORPORATED AREAS AND EXTRA TERRITORIAL JURISDICTION AREAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is a duly incorporated municipality located in Denton County, and created in accordance with the provisions of Chapter S of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the development of the Barnett Shale has necessitated the installation of a comprehensive intra-state pipeline network though which produced hydrocarbons are carried from gas well operators to the public utility system; and WHEREAS, this pipeline network frequently conflicts with the long range comprehensive planning goals of north Texas municipalities and creates hardship for individual property owners affected by pipeline routing; and WHEREAS, in an effort to mitigate the conflict and hardship posed by pipeline right-of- way acquisition and routing the Texas Pipeline Association, a private trade association representing the interests of the intrastate pipelines in Texas, has endorsed the concept of a regional "best practices" policy; and WHEREAS, through the collaborative efforts of many north Texas municipalities and the Texas Pipeline Association and its members, the parties have developed guidelines entitled: "Best Practices for Pipeline and Municipality Relations"; and WHEREAS, the City Council of the City of Denton, reviewed the "Best Practices for Pipeline and Municipality Relations" guidelines developed by this group, and decided to revise these guidelines in an effort to address certain issues; and WHEREAS, the revised non-binding "Best Practices for Pipeline and Municipality Relations" guidelines constitute a series of non-legislative standards setting forth the parties' expectations with respect to pipeline pre-routing, right-of-way acquisition and construction; and WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the best interest of the public health, safety and general welfare to endorse the revised non-binding "Best Practices for Pipeline and Municipality Relations" guidelines attached hereto; and WHEREAS, the City Council of the City of Denton, Texas would further encourage intrastate gas utilities to endorse and commit to the standards set forth in the revised "Best Practices for Pipeline and Municipality Relations" guidelines, with respect to pipeline operations in incorporate areas, NOW, THEREFORE, sAour documentsVesolutionsllMestpractices pipeline reso.doc THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, does hereby endorse the revised "Best Practices for Pipeline and Municipality Relations" guidelines attached hereto as Exhibit "A". The revised "Best Practices for Pipeline and Municipality Relations" guidelines are not intended to serve as legislation of the City of Denton, Texas, and instead are calculated at fostering improved intrastate gas utility-municipal relations with regard to the acquisition and routing of pipeline rights-of-way through the City. SECTION 2. This Resolution shall be effective from its date of adoption. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: L, Page 2 of 2 Best Practices for Pipeline and Municipality Relations Pre-Routing: A. Municipality will designate the department or person with whom pipeline operators should meet prior to obtaining easements and planning of final pipeline route. 1. Municipality will provide a packet of information which includes all ordinances and other planning documents which are applicable to pipelines. Pipeline operators will read all ordinances in advance. 2. Pipeline operators will present municipality with preliminary route(s) of pipelines, as well as accessory eduipment including, but not limited to compressing facilities, from origin to terminus within the municipality's corporate boundaries together with fixed routing issues (e.g. known well locations that must be connected, existing right of way considered, required and anticipated issues along the preliminary route known by the pipeline operators to affect the routing). 3. Utilizing the municipalities' existing development review process, municipalities will provide initial development review comments on the preliminary route within a reasonable amount of time. Reasonable time is defined as not longer than t1ro (2) ireeks for gathering lines and not longer than four (1) ireeks for transmission lines. Pipeline operators agree to respond to the municipality's comments in a reasonable time frame. B. Consistent with the provisions of Section 181.005 b and (c) of the Texas Utilities Code, pipeline operators will comply with the following requirements in determining routes within a municipality: 1. Iyr determining the route of a pipeline irithin a municipality, a gas corporation shall consider using existing easements and public rights-qf--irav, including streets, roads, highways, and utility rights-qf--irav. In deciding whether to use a public easement or right-of--wav, the gas corporation shall consider whether: (1) the use is economically practicable; (2) adequate space exists; and (3) the use will violate, or cause the violation of anv pipeline safety regulations. (-l) the zrse rsray require an annual change for pipeline plaeersrent; and (S) the use rsray require cost recovery for public infr~astrueture darsrage. 2. Route will be as consistent as practical with existing municipal planning documents and standard utility construction practices for existing and future municipal land uses while respecting private property rights. 3. Both parties will strive for the most direct, cost effective, and time efficient route, 4. The location of pipelines in public rights of way, utility easements or other City owned rroperty may not interfere with or damage existing utilities or prevent the installation of master planned municipal infrastructure. 5. Pipeline operators will actively participate in planning of preferred pipeline routes with contiguous municipalities on a project by project basis. Right-of-way Acquisition: A. Pipeline operators will require right-of-way agents to be registered with the Texas Real Estate Commission (TREC). B. Pipeline operators commit to negotiate in good faith with property owners before resorting to eminent domain. If eminent domain is to be utilized in the corporate city limits of a municipality, the pipeline operator will provide prior notice to the City Manager, or chief administrative official, of the affected municipality. C. A current copy of the GENERAL GUIDELINES FOR RIGHT OF WAY ACOUISTION, CONSTRUCTION AND OPERATIONS is attached to this document as Attachment A. Construction Phase: A. Municipalities commit, when practical, to grant temporary working easements within public rights of way during constriction consistent with existing regulatory authority. B. Pipeline operators will promptly respond to complaints and will provide to the city contact information for a 24-hour representative who can be reached at all stages of constriction. C_Pipeline operators will work cooperatively with municipalities in locating pipeline structures in relations to critical municipal infrastructure. D. Pipeline operators shall only remove trees and other vegetation in a mariner that is consistent with local ordinance(sunless additional removal is demonstrated as being necessary for pipeline safety and/or regulatory compliance. E. Pipeline operators will provide copies of "as built" plans,~pipeline inventor updates, and final pipeline routing maps within the municipality's corporate limits and extra territorial jurisdiction (ETJ) in a format acceptable to the Municipality. These maps will include accessory equipment including, but not limited to, compressing facilities. F. Municipalities and their contractors will commit to use the State's One-Call system when undertaking any excavations in order to avoid damaging pipelines. Desirable: A. Pipeline operators will work with municipalities to employ principles to reduce noise and environmental impact on neighboring residents and businesses, consistent with existing local ordinances. B. When the pipeline operator has the right to do so and it is reasonable to do so, and when it would not unreasonably interfere with operations, the pipeline operator may grant municipalities surface uses in pipeline easements. Exhibit "A" Page 1 of 2 Best Practices for Pipeline and Municipality Relations 1. Pre-Routing: A. Municipality will designate the department or person with whom pipeline operators should meet prior to obtaining easements and planning of final pipeline route. 1. Municipality will provide a packet of information which includes all ordinances and other planning documents which are applicable to pipelines. Pipeline operators will read all ordinances in advance. 2. Pipeline operators will present municipality with preliminary route(s) of pipelines, as well as accessory equipment including, but not limited to compressing facilities, from origin to terminus within the municipality's corporate boundaries together with fixed routing issues (e.g. known well locations that must be connected, existing right of way considered, required and anticipated issues along the preliminary route known by the pipeline operators to affect the routing). 3. Utilizing the municipalities' existing development review process, municipalities will provide initial development review comments on the preliminary route within a reasonable amount of time. Reasonable time is defined as not longer than t►vo (2) weeks for gathering lines and not longer than four (1) weeks for transmission lines. Pipeline operators agree to respond to the municipality's comments in a reasonable time frame. B. Consistent with the provisions of Section 181.005(b) and (c) of the Texas Utilities Code, pipeline operators will comply with the following requirements in determining routes within a municipality: 1. lit determining the route of a pipeline irithin a municipality, a gas corporation shall consider using existing easements and public rights-of-wav, including streets, roads, highways, and utility rights-of-irav. In deciding to use a public easement or right-of--ij, v, the gas corporation shall consider whether: (1) the use is economically practicable; (2) adequate space exists; (3) the use hill violate, or cause the violation of anv pipeline safety regulations. (1) the use may require an animal charge far pipeline placement; and (5) the use may require cost recovery for public infrastructure damage. 2. Route will be as consistent as practical with existing municipal planning documents and standard utility constriction practices for existing and future municipal land uses while respecting private property rights. . Both parties will strive for the most direct, cost effective, and time efficient route. 3 Exhibit "A" Page 2 of 2 4. The location of pipelines in public rights of way, utility easements or other City owned property may not interfere with or damage existing utilities or prevent the installation of master planned municipal infrastructure. 5. Pipeline operators will actively participate in planning of preferred pipeline routes with contiguous municipalities on a project by project basis. II. Right-of-way Acquisition: A. Pipeline operators will require right-of-way agents to be registered with the Texas Real Estate Commission (TREC). B. Pipeline operators commit to negotiate in good faith with property owners before resorting to eminent domain. If eminent domain is to be utilized in the corporate city limits of a municipality, the pipeline operator will provide prior notice to the City Manager, or chief administrative official, of the affected municipality. C. A current copy of the GENERAL GUIDELINES FOR RIGHT OF WAY ACOUISTION, CONSTRUCTION AND OPERATIONS is attached to this document as Attachment A. III. Construction Phase: A. Municipalities commit, when practical, to grant temporary working easements within public rights of way during constriction consistent with existing regulatory authority. B. Pipeline operators will promptly respond to complaints and will provide to the City contact information for a 24-hour representative who can be reached at all stages of constriction. C. Pipeline operators will work cooperatively with municipalities in locating pipeline strictures in relations to critical municipal infrastructure. D. Pipeline operators shall only remove trees and other vegetation in a manner that is consistent with local ordinance(s), unless additional removal is demonstrated as being necessary for pipeline safety and/or regulatory compliance. E. Pipeline operators will provide copies of "as built" plans, pipeline inventory updates, and final pipeline routing maps within the municipalities' corporate limits and extra territorial jurisdiction (ETJ) in a format acceptable to the Municipality. These maps will include accessory equipment including, but not limited to, compressing facilities. F. Municipalities and their contractors will commit to use the State's One-Call system when undertaking any excavations in order to avoid damaging pipelines. IV. Desirable: A. Pipeline operators will work with municipalities to employ principles to reduce noise and environmental impacts on neighboring residents and businesses, consistent with existing local ordinances. B. When the pipeline operator has the right to do so and it is reasonable to do so, and when it would not unreasonably interfere with operations, the pipeline operator may grant municipalities surface uses in pipeline easements. TEXAS PIPELINE ASSOCIATION GENERAL GUIDELINES FOR RIGHT OF WAY ACQUISTION, CONSTRUCTION AND OPERATIONS While building and operating the necessary infrastructure to transport natural gas and liquid hydrocarbon products which provide for the critical energy needs of Texas and beyond, member companies of the Texas Pipeline Association, and their representatives, commit to maintain safe operations, respect landowners and communities, and be responsible stewards of the environment. Texas Pipeline Association member companies and their representatives also commit to conduct their business in accordance with the following guidelines: Communication • Establish and maintain communication with landowners and communities. • Provide landowners with appropriate company contact information during right of way acquisition, constriction, and operations. Right of Way Acquisition • Communicate to landowners and to public officials, as appropriate, the scope and purpose of proposed projects, and the processes involved in constriction, operation and maintenance of facilities. • Strive to reach right of way acquisition agreements with landowners by negotiating in good faith with honesty and fairness. • Respect landowners' property. • Assure company employed and contract right of way agents hold a current certificate of registration from the Texas Real Estate Commission. Constriction • Be respectful of constriction impact on community activities and attempt to minimize constriction effects on community activities. • Practice good housekeeping on landowners' property, including protection of livestock and wildlife • Timely restore constriction site in compliance with contractual obligations. Operations • Conduct operations in accordance with state and federal regulations. • Strive to communicate with landowners prior to any significant maintenance operations on their property. • Train personnel in safe operation practices and conduct emergency planning when appropriate. • Apply appropriate engineering standards for our facilities and operations. Finally, the member companies will provide these guidelines to all employees and representatives involved in Right of Way Acquisition, Constriction and Operations to promote commitment and compliance with these guidelines. 215 E. WK/NNEY DENTON, TEXAS 76201 • (940) 349-7717 • FAX (940) 349-8236 ~JL 1, inAYOR February 26, 2010 RE: Request for Adoption of Best Practices for Pipeline and Municipality Relations Resolution Dear Mayor: Enclosed is a proposed Municipal Resolution (with its own attachments) for you and your City to consider, plus a cover letter of endorsement signed by several Mayors of cities in the northern part of the Barnett Shale region of Texas. Please consider the Mayors' endorsement and have your city/town councils consider supporting the Best Practices for Pipeline and Municipality Relations. All of our cities and towns face difficult interactions with gas transmission companies and their placement decisions. The enclosed Resolution should help to avoid adverse consequences of non-cooperation between municipalities impacted by the Barnett Shale and those gas transmission entities by setting out preferred course of conduct for gas line routing decision making. Thank you for your time and thoughtful consideration of our work product. Please call me or any of the Mayors signing the endorsement letter. Sincerely, Mark Burroughs Mayor "Dedicated to Quality Service" www.cityofdenton.com I I Cities Impacted by the Barnett Shale February 26, 2010 To: Barnett Shale Cities RE: Request for Adoption of Best Practices for Pipeline and Municipality Relations Resolution Dear Mayor: A group of public officials and members of the Texas Pipeline Association (TPA) have been working in a collaborative manner to improve communications between the pipeline industry and local municipal governments located in the Barnett Shale. This group met on a number of occasions to discuss the issues that surround pipeline routing through municipal jurisdictions. The following municipalities participated in the workgroup: Argyle, Arlington, Cleburne, Copper Canyon, Denton, DISH, Flower Mound, Fort Worth, Lewisville, Mansfield, Northlake, and Southlake. Company officials from the following companies also participated: Atmos, Chesapeake Energy, Crosstex, Devon, Enbridge Inc., Energy Transfer, Epco, Quicksilver, Williams E & P, and the Texas Pipeline Association. State and national public officials also participated or sent staff members to participate: State Representatives Tan Parker and Lon Burnham attended personally, and State Senators Davis, Nelson, and Harris sent representatives, and US Congressman Michael Burgess also sent a member of his staff. The results of this collaborate effort was the Best Practices for Pipeline crud Municipality Relations. This document is designed to enhance the routing process, through communication and mutual respect. The pipeline industry also adopted a document called General Guidelines for Right Away Acquisition, Construction and Operations. These two documents are attached for your review. We are asking you to adopt a resolution showing your town's/city's support and commitment to adhere to these best practices when dealing with pipeline companies. For your convenience attached is Resolution 09-06, adopted by the town of DISH, Texas. You may also contact the town of DISH for an electronic copy of this resolution. The following public officials are in support of this document: Calvin Tillman, Mark Burroughs, Mayor, DISH, TX Mayor, Denton, TX Cities Impacted by the Barnett Shale Letter Page 2 of 3 Sue Tj eml, Pete Dewing, Mayor, Copper Canyon, TX Mayor, Northlake, TX . Erich Ransleben Connie White Mayor, Krugerville, TX Mayor, Trophy Club, TX Carl "Scooter" Gierish Terri Wilson Mayor, Roanoke, TX Mayor, Krim, TX Jody Smith Mike Donnelly Mayor, Flower Mound, TX Mayor, Double Oak, TX a Joe Higgs Paul Ruggiere Mayor, Sanger, TX Mayor, Corinth, TX Harv Kitchens Greg Landrum Mayor, Cross Roads, TX Mayor, Argyle, TX Gary Hammett Ron Branson Mayor, Aubrey, TX Mayor, Carrollton, TX Cities Impacted by the Barnett Shale Letter Page 3 of 3 Mike Schnittker Olive Stephens Mayor, Lakewood Village, TX Mayor, Shady Shores, TX (Signature not available) Ron Robertson Mayor, Bartonville, TX This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas providing for the indefinite closure of Corbin Road from the west side of Interstate Highway 35 West (IH35W) to the east side of IH35W; and providing an effective date. The Mobility Committee recommends approval BACKGROUND Various sections of Corbin Road have been subject to flooding and temporary closures in the past resulting from high water inundation during rainfall events. Exhibit 1 shows the locations of the areas that have been subject to periodic inundation and where gates have been installed. Over the years, there have been high water rescues, one as recently as February 13, 2010, from motorists driving around the barricades for the electronic gates. These gate systems were intended to replace/complement the existing manual barricade gates located at each creek crossing subjected to flooding. They were installed back in the mid 1990s with the intent to provide an additional level of safety following a fatality in 1990 at the creek crossing south of Shelby Lane and north of Springside Road. Several of the gates have been damaged by motorists pulling around and hitting them and are in need of repair at a projected cost of up to $6000/gate in order to function as intended (repair the arms and return them to the capability of "automatic" mode). In 2002 the City retained Teague Nall and Perkins, Inc. to perform an analysis on the possible closure of Corbin Road at its crossing with IH35W (report is included herein as Exhibit 2). The report looked at three options: Constricting structural improvements to separate Corbin Road from the creek west of IH35W at a cost of approximately $2.4 million dollars; Rerouting Corbin Road with a bridge over the creek and IH35W at a cost of approximately $3.5 million dollars; or Closing Corbin Road at a cost of approximately $4,800. Using a straight-line inflation of only 5% per year on costs, which is probably overly simplistic for this type of analysis, would result in revised costs of approximately $3.5 million for the bridge west of IH35W only, approximately $5.2 million for the reroute option and approximately $7,100 for the closure option (only for the section of Corbin Road that crosses under IH35W). The study concluded that the constriction costs associated with the bridge options would be difficult to justify and recommended the closure as the "most cost effective means of eliminating the risks associated with the flooded roadway." Staff believes that the road closure(s) is still the most viable option available, especially considering the constriction costs involved compared to the benefits derived. It is also likely that the constriction costs for the two options involving bridges could be significantly higher once a detailed analysis is performed. Page 1 of 3 Exhibit 3 - "Possible Closure 41" shows the creek crossing between Shelby Lane and Springside Road. The creek inundates a large section of this portion of Corbin Road during rainfall events. The large yellow "X" on Exhibit 3 on both sides of the crossing indicates where staff has temporarily closed Corbin Road by closing and locking the existing manual gates at these locations. This crossing is intended to remain closed until such time as the City can afford to install a bridge or culvert system that will pass the 100-year storm event at this location, the cost of which is anticipated to be at least as much as that listed in the Teague Nall and Perkins report for the bridge west of IH35W. The Streets Department is planning to improve Springside Road from its existing gravel section to an asphalt roadway. Residents living south of the closure can proceed on this improved roadway approximately half a mile west from the Springside/Corbin intersection to newly constricted Westcourt Road in order to reach F.M. 1515 (Airport Road) to the north. Exhibit 4 - "Possible Closure 42" shows where Corbin Road crosses the creek immediately to the west of IH35W. The low water crossing of the creek at this location is in the 100-year flood plain and is somewhat in a state of disrepair. The large yellow "X" on Exhibit 4 just west of this low water crossing location indicates where staff proposes to close Corbin Road by closing and locking the existing manual gate at this location. Corbin Road east of this gate, as well as the crossing under IH35W, is subject to inundation during rainfall events. This closure is proposed to be permanent in nature. There is a need for access east of the closure for agricultural purposes and possibly for TxDOT maintenance on the IH35W bridge, so affected parties would be provided with keys for the gate. Exhibit 5 - "Possible Closure 43" shows Corbin Road between IH35W and Bonnie Brae Road. The existing 42-inch corrugated metal pipe culverts and the road surface itself have been severely undermined at the creek crossing by erosion where the road is inundated in rainfall events. This section of Corbin Road will need to stay open to provide access to the properties west of the culverts for agricultural purposes, to service the existing cellular tower and to possibly provide access for TxDOT maintenance on the IH35W bridge. Staff proposes to close Corbin Road west of where the large yellow "X" is shown on the exhibit by closing and locking the existing manual gate at this location (TxDOT would be provided with keys to the gate). This closure is also proposed to be permanent in nature. Staff will make temporary repairs to the road east of the closure to allow safe passage of vehicles in dry weather, but eventually the road surface will need to be raised and a larger capacity culvert system or bridge will need to be installed if/when the abutting properties develop. These closure options were presented to the Mobility Committee for recommendation to City Council on February 23, 2010. The Mobility Committee unanimously (3-0) recommended the closures to City Council for approval and asked that staff provide notification to the public, similar to that which is provided when a property is rezoned, prior to carrying the item to City Council. Staff placed signs at the temporary closure location (see Exhibit 6) and at each of the permanent closure locations (see Exhibit 7). In addition, a notification was mailed out to all residents and property owners within 500' of each closure (see Exhibit 8). As of the date of this backup preparation, staff has spoken to only three residents regarding this matter: 1. Janie Whitworth, residing at the corner of Springside Road and Corbin Road - Ms. Whitworth stated that she understood the City's reasons for the closures and strongly supported the installation of culverts at the crossing between Shelby Lane and Springside Road. Staff explained to Ms. Whitworth that this closing is anticipated to be temporary in nature, pending the appropriation of bond funds at some point in the future for the improvement of Corbin Road at the crossing. 2. John Kestner, residing at 208 Goodsen Way - Mr. Kestner was concerned about the access to the back of his property (from Corbin Road). I explained to him that the closure Page 2 of 3 in question would not affect his access at all. He stated that he thought the closure of Corbin Road at IH35W was a good idea. 3. Catherine Jankiewicz, residing at 210 Goodsen Way - Ms. Jankiewicz was also concerned about access to the back of her property from Corbin Road. I explained to her that the closure in question would not affect her access at all. OPTIONS 1. Approve the recommended temporary closure of Corbin Road between Shelby Lane and Springside Road and an ordinance for the permanent closure of Corbin Road on the east and west sides of IH35W. 2. Decline to approve the recommended temporary closure of Corbin Road between Shelby Lane and Springside Road and permanent closure of Corbin Road on the east and west sides of IH35W and direct staff to consider other alternatives. RECOMMENDATION Staff recommends the closure of Corbin Road between Shelby Lane and Springside Road until such time that the creek crossing can be improved to pass the 100-year flood and the permanent closure of Corbin Road on the east and west sides of IH35W. These closures are considered to be necessary for public safety inasmuch as funding is not currently available to raise the road surfaces involved and to install the necessary culvert systems or bridges to pass flood waters. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. February 23, 2010 -Mobility Committee. FISCAL INFORMATION Costs for the closures will be funded from the operating budget of the Drainage Department. BID INFORMATION Not applicable. EXHIBITS 1. Possible Corbin Road Closures 2. "Corbin Road Closure Analysis" prepared by Teague Nall and Perkins, Inc. 3. Possible Closure 41 4. Possible Closure 42 5. Possible Closure 43 6. Temporary Closure Sign 7. Permanent Closure Sign 8. Closure Notice 9. Ordinance 10. Mobility Committee Minutes Respectfully submitted, Frank G. Payne, P.E. City Engineer Page 3 of 3 EXHIBIT 1 AY rport Road a J Airport Road 0 CG y Possible Closure #1 ^ e 1 1 i I p 0 ~ x o r 8 Springsid M Y d° , g gory c ~ojlr z~ o Possible Closure #3 Corbin Road Corbin Road ~o Possible Closure #2 ` Culvert Replacement 0 1,000 2,000 MOW EXHIBIT I Corbin Road Closure EXHIBIT 2 Ft D~N CORBIN ROAD CLOSURE ANALYSIS M CHWA M-AAD\\\ H OAK Sr, 4T A AFIPoRT RbAD i4N .37 R06~AWN ?+448 SUBJECT PROJECT Teague Nall and Perkins, Inc. The Radio Center Bldg. 235 W. Hickory, Suite 100 Denton, TX 76201 940 383-4177 Corbin Road Flooding Analysis November 11, 2002 INTRODUCTION The following report was commissioned by the City of Denton to consider possible ways to eliminate the hazard associated with inundation of Corbin Road at the IH35-W underpass. Flooding from the Dry Fork of Hickory Creek causes the roadway to be closed periodically. The objective is to determine the most cost effective way to remove the roadway from inundation to minimize or eliminate this danger to the traveling public. This analysis is intended to be general in nature, and is done without benefit of field surveys or hydraulic modeling. Data uses is from readily available sources, including the Denton Flood Insurance Study (FIS), the City of Denton Comprehensive Master Drainage Plan dated 1975, and the Hickory Creek Watershed Flood Control Study dated 1989. A summary of existing conditions will set the groundwork for the consideration of possible remedies. According to the Hickory Creek Watershed Flood Control Study, the existing conditions 100- year flow in Dry Creek at IH35-W is approximately 17,050 cfs and the fully developed 100-year flow is approximately 23,800 cfs. The City of Denton FIS indicates that the existing conditions 100- year flow is 15,500 cfs. The FIS Base Flood Elevation (BFE) at the downstream side of the IH35-W bridge is 584 and at the upstream Corbin Road under IH35-W side of the bridge is 587. Using the data above, the water surface corresponding to the fully developed 100-year flows can be estimated by extrapolation to be approximately 589.0. The elevation of Corbin Road at IH35-W is approximately 580.0. According to the sign on the underside of the bridge, the clearance is 14'-6", meaning the low chord of the bridge is at approximately 594.5. It can be estimated from the above that it will be necessary to raise the roadway above the 589.0 elevation to clear the fully developed conditions flows. A foot of freeboard would require an elevation of 590.0. For the purposes of this study, this will be the target elevation at IH35-W. Corbin Road is actually affected in several locations by Dry Fork flooding, most directly at the low water crossing (actually there are three 24" culverts) just west of IH35-W, but also at the underpass under IH35-W.'' w Low Water Crossing Based on the Denton FIS, inundation of Corbin Road at the two locations is as follows: Storm Event At Low Water Crossing At IH35-W 10-year 8' 4.5' 50-year 9.5' 5.5' 100-year 10' 6' Because the two locations are closely connected, the remedy for the two locations must be considered together. Options to be considered will include: Raise Corbin Road in its existing location-, Construct structural improvements that will separate Corbin Road from Dry Fork-, Reroute Corbin Road to cross IH35-W in a location away from Dry Fork-, Close Corbin Road. CONSIDERATION OF ALTERNATES Raise Corbin Road In order to raise Corbin Road above the 100-year water surface elevation at the existing low water crossing without raising the water surface upstream, it will be necessary to construct a bridge approximately 850' long. In addition, Corbin Road under IH35-W would have to be raised to elevation 590 as discussed above. Obviously, with a low chord of 594.5, it is not possible to raise the roadway under IH35-W above the target elevation and still provide adequate clearance. Construct Structural Improvements to Separate Corbin Road from Dry Fork The separation at the existing low water crossing would again consist of a bridge approximately 850' long. At the east end of the bridge, Corbin Road would drop to approximately the existing elevation as it crosses under IH35-W, to preserve the existing overhead clearance. A retaining wall would be constructed along the south side of Corbin Road, with a top of wall elevation of 590.0. The wall would follow Corbin Road east until the Proposed retaining wall would be placed top of the wall between column on right and diaphragm on left. intersects existing ground. This wall would vary in height from virtually nothing to a maximum height of 9' with an approximate length of 700'. While the wall would have some impact on water surface, since it would reduce the conveyance area under the bridge, it does appear that the wall would approximately follow the existing floodway. If so, the affect of the wall would be to raise the water surface no more than one foot, based on the definition of a floodway. Structurally, the wall will need to be quite substantial to be able to withstand the force of the flowing floodwaters in Dry Fork. It appears that this project could be accomplished with no impact to jurisdictional waters, making a Corps of Engineers 404 permit unnecessary. Reroute Corbin Road Any reroute of Corbin Road that avoids the underpass will require a bridge over I1-135- W. Typical TxDOT standards require 16.5' of clearance. A straight bridge that follows the old route of Corbin Road (prior to construction of I1-135- W) would be approximately 1,300' long, crossing both IH35-W and Dry Fork. The attached cost estimates reflect this reroute alternative. A similar plan with an alternate alignment would entail constructing a 250' bridge across IH35-W approximately 400' north of ELoo~ ing west from IH35-W Corbin Road, and a separate 1,000' bridge over the Dry Fork floodplain. This alternate would require additional right-of-way acquisition, and would require a longer roadway. Close Corbin Road This alternate is the simplest, and certainly the least expensive. It would entail permanently closing the roadway. The residential properties west of IH35-W would continue to have access to the north to Airport Road. The roadway east of IH35-W would be closed just west of the drive to the transmission tower. The work involved could all be accomplished by City forces, and would essentially consist of constructing barricades and placing warning and guide signs. Cost Comparisons The attached cost estimates are conceptual in nature, but are adequate for use in comparing the alternates considered. They do not consider additional right-of-way, which would be necessary for all but the road closure option. A summary of the cost estimates is shown below. Construct Structural Improvements $ 2,377,000 Reroute Corbin Road $ 3,481,000 Close Corbin Road $ 4,800 Summary It is clear from the cost estimates that it would be difficult to justify the cost involved in constructing the bridges and other improvements necessary to raise the roadway above the target elevation. Given the minimal impact on traffic and emergency access caused by closing the road, it appears that this alternative is the most cost effective means of eliminating the risks associated with the flooded roadway. CONCEPTUAL OPINION OF PROBABLE COST 9-Nov-02 TEAGUE NALL AND PERKINS, INC. CONSULTING ENGINEERS TNP JOB NO: DEN02278 CLIENT: CITY OF DENTON DESCRIPTION: Corbin Road Closure Analysis 2 lanes, no sidewalks, asphalt pavement ITEM NO. DESCRIPTION OF ITEMS QUANTITY UNIT UNIT COST TOTAL Construct Structural Improvements to Separate Corbin Road from Dry Fork 1 RIGHT-OF-WAY PREPARATION 12.0 STA $1,000.00 $12,000 2 BORROW 2,000 CY $6.00 $12,000 3 SEEDING 8,000 SY $0.50 $4,000 4 6" LIME TREATMENT 2,200 SY $1.75 $3,850 5 HYDRATED LIME @ 26 Ibs/SY 29 TONS $90.00 $2,610 6 6" ASPHALT PAVING 2,000 SY $28.00 $56,000 7 850' BRIDGE OVER DRY FORK 25500 SF $65.00 $1,657,500 8 700' RETAINING WALL 5250 SF $35.00 $183,750 9 EROSION CONTROL MEASURES 1 LS $20,000.00 $20,000 10 CONTRACTORS WARRANTIES AND UNDERSTANDINGS 1 LS $29,276 $29,276 SUBTOTAL $1,980,986 20% CONTINGENCY $396,197 TOTAL $2,377,183 REROUTE CORBIN ROAD 1 RIGHT-OF-WAY PREPARATION 18.0 STA $1,000.00 $18,000 2 BORROW 8,000 CY $6.00 $48,000 3 SEEDING 10,000 SY $0.50 $5,000 4 6" LIME TREATMENT 1,250 SY $1.75 $2,188 5 HYDRATED LIME 26 Ibs/SY 16 TONS $90.00 $1,440 6 6" ASPHALT PAVING 1,200 SY $28.00 $33,600 7 BRIDGE OVER DRY FORK AND IH-35W 39000 SF $70.00 $2,730,000 8 EROSION CONTROL MEASURES 1 LS $20,000.00 $20,000 9 CONTRACTORS WARRANTIES AND UNDERSTANDINGS 1 LS $42,873 $42,873 SUBTOTAL $2,901,101 20% CONTINGENCY $580,220 TOTAL $3,481,321 CLOSE CORBIN ROAD 1 BARRICADES 2 EA $1,200.00 $2,400 2 SMALL SIGNS 4 EA $400 $1,600 SUBTOTAL $4,000 20% CONTINGENCY $800 TOTAL $4,800 i 5 9 +e J +k % S. e a E Ac - ff R f ,y 'L 7 s. G - 1300' BRIDGE ; P , v r r ° e..+ is k3x + i i e e -400 0 200 400 800 CITY OF DENTON CORBI N ROAD CLOSURE ANALYSIS SCALE: 1" = 400' TNP PROJECT DEN02278 1W9 TEA G UE NALL AND PERKINS Na C O N S U L T I N G B N G I N E S R S 235 W_ Hickory Suite 1 00 Denton, Texas 7 8201 `i . N N1 • : . } p i ~a . R/ J ,1000' bA GE D + .v h ° y } r p. v:' , : : e_ s , .4 Y -41 -400 0 200 400 800 CITY OF DENTON CORBI N ROAD CLOSURE ANALYSIS SCALE: 1 = 400' TNP PROJECT DEN02278 i TEA G UE NALL AND PERKINS MIG C 0 N S U L T I N G S N G I N 6 S R 5 R~ 2J5 W_ Hickory Suite 1 00 De n t ❑ n, T a x a s 782 01 L D-E, N vTO : 4 7 It ` 4 7 ft W9 tP 1- i . i - - s ate,: : II ° 5r' 3 ~ O p . y1 ° f W y e~, a y t 4 850 BRIDGE s : RETAINING` WILL 4 _ T . nY -400 0 200 400 800 CITY OF DENTON CORBI N ROAD CLOSURE ANALYSIS SCALE: 1 400' TNP PROJECT DEN02278 TEA G UE NALL AND PERKINS nv~ C O N S U L T I N G B N G I N E S R S by el 235 W_ Hickory Suite 1 00 De n t ❑ n Texn s 7 82 01 FE1rL~T ON' EXHIBIT 3 . l I ~ L~~' ~ . .yam _ ra y. F~ E X7 A w- to C'~ H I B I T POSSIBLE C IL®S UR%, E 411 EXH I BIT 4 6 , „ 101 L 5 aye ' ~ ~ 4{r v { a E'-X7 H I B I T 4 ]P ®S S ITBILE C L®S UPIC E 2 EXHIBIT 5 Ll i j P 7 I F X6:1 E Xl. H I B I T 5 IP ®S S 113 LE C L®S U~IE 3 I EXHIBIT 6 ' I II! I i i I G L~ I ( i f EXHIBIT 7 i II, m c i i - I i EXHIBIT 8 NOTICE OF A CLOSURE I The City of Denton intends to move forward with the temporary closure of Corbin Road between Shelby Lane and Springside Road and the permanent closure of Corbin Road on the east and west sides of IH35W (refer to the attached exhibit). The sections of Corbin Road that are considered for closure have been subject to flooding and temporary closures resulting from high water inundation during rainfall events. Consequently, these closures are being pursued in the interests of public safety. The roadway between Shelby Lane and Springside Road will be closed until such time that the roadway level can be raised by installation of a bridge or sufficient box culverts to pass the flood waters, funding for which will either be provided in conjunction with the development of surrounding properties or the approval of this drainage project as part of a future bond election. The Streets Department is planning to improve Springside Road from its existing gravel section to an asphalt roadway between Corbin Road and Westcourt Drive. This item was taken before the Mobility Committee for a recommendation to City Council on February 23, 2010. The Mobility Committee voted unanimously (3-0) to recommend the closures to City Council for approval. The temporary closure of the road at all three locations has been put into place. Staff will be seeking City Council approval for the permanent closures at the regular meeting of the Denton City i Council on April 6, 2010. The meeting will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. You are invited to attend the meeting and provide comment if you wish. If you cannot attend the meeting and would nevertheless like to provide comments for review/consideration, please contact Frank C. Payne, P.E., City Engineer by telephone at (040) 349-8946 or by e-mail at frank, . _ om CY' P = I_i . u re #1 f t a C[osu'c-Cer-iu RD 1 ~ Cc;t, Recd s, =:-.Itert Re-placement' 4.2 4Et CITY OF DENTON, TEXAS 901-A Texas Street • Denton, Texas 76209 . 940-349-8910 • (FAX) 940-349-8951 EXHIBIT 9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE INDEFINITE CLOSURE OF CORBIN ROAD FROM THE WEST SIDE OF INTERSTATE HIGHWAY 35 WEST (IH35W) TO THE EAST SIDE OF IH35W; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the indefinite closure of a portion of Corbin Road from the west side of its intersection with Interstate Highway 35 West (IH35W) to the east side of its intersection with IH3W (approximately 2,000 feet in length total), as more fully shown on the attached exhibit which is made a part of this ordinance for all purposes. SECTION 2. The City Manager shall direct the appropriate City department to erect traffic control devices in order to implement the indefinite closure of this portion of Corbin Road. SECTION 3. The City Council finds that the Closure will benefit the City of Denton and is in the public interest. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this, the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY A ti By: A'irpart P-4 a a ti Airport Road m C c 2-1 5 rln sld Permanent lre . . . .g Corbin _EQa Corbin Road 0 um 2004 uri Road Closure EXHIBIT 10 1 DRAFT MINUTES 2 City Council Mobility Committee 3 Tuesday, February 23, 2010 4 5 After determining that a quorum of the Mobility Committee of the Denton City Council was 6 present, the Chair of the Committee on the Mobility thereafter convened into an Open Meeting 7 on Tuesday, February 23, 2010 at 2:00 p.m. in the City Council work session room, 215 E. 9 McKinney Street, Denton, Texas. 9 10 Present: Chair Pete Kamp, Mayor Mark Burroughs 11 Council Member Dalton Gregory 12 13 Also Present: 14 George Campbell, City Manager Howard Martin, ACM Utilities 15 Fred Greene, ACM Community Services Jim Coulter, GM Water Utilities 16 Mark Nelson, Transportation Director Frank Payne, City Engineer 17 Emerson Vorel, Parks Director Bob Tickner, Parks Superintendent 18 Linda Ratliff, Director Economic Development Bud Vokoun, Traffic Engineer 19 Lindsey Baker, Asst. to the City Manager Clay Riggs, Associate Engineer 20 Ann Forsythe, Boards & Committees Coordinator Kim Mankin, Administrative Asst 21 John Polster, ITS Lowell Brown, Denton-Record Chronicle 22 23 OPEN MEETING 24 25 5) Receive a report, hold a discussion and make a recommendation with regard to the possible 26 closure of Corbin Road in three separate locations. 27 28 City Engineer Payne stated that various sections of Corbin Road have been subject to flooding 29 and temporary closures resulting from high water inundation during rainfall events. Over the 30 years, there have been high water rescues, one as recently as February 13, 2010, from motorists 31 driving around the barricades and/or the electronic gates. 32 33 These gate systems were intended to replace/complement the existing manual barricade gates 34 located at each creek crossing subject to flooding. They were installed back in the mid 1990s 35 with the intent to provide an additional level of safety following a fatality in 1990 at the creek 36 crossing south of Shelby Lane and north of Springside Road. Several of the gates have been 37 damaged by motorists pulling around and hitting them and are in need of repair at a projected 39 cost of $6000/gate in order to function as intended. 39 40 In 2002 the City retained Teague Nall and Perkins, Inc. to perform an analysis on the possible 41 closure of Corbin Road at its crossing with IH-35W. The report looked at three options: 42 constricting structural improvements to separate Corbin Road from the creek west of IH35W at a 43 cost of approximately $2.4 million dollars; rerouting Corbin Road with a bridge over the creek 44 and IH-35W at a cost of approximately $3.5 million dollars; or closing Corbin Road at a cost or 45 approximately $4,800. Using a straight-line inflation of only 5% per year on costs would result Draft Minutes of the City Council Mobility Committee meeting February 23, 2010 Page 2 of 2 1 in revised costs of approximately $3.5 million for the bridge west of IH35W only, approximately 2 $5.2 million for the reroute option and approximately $7,100 for the closure option. 3 4 The study concluded that the constriction costs associated with the bridge options would be 5 difficult to justify and recommended the closure as the "most cost effective means of eliminating 6 the risks associated with the flooded roadway." 7 s Staff believes that the road closure(s) is still the most viable option available, especially 9 considering the constriction costs involved compared to the benefits derived. It is also likely 10 that the constriction costs for the two options involving bridges could be significantly higher 11 once a detailed analysis is performed. 12 13 Staff recommends the temporary closure of Corbin Road between Shelby Lane and Springside 14 Road and permanent closure of Corbin Road on the east and west sides of IH35W. These 15 closures are considered to be necessary for public safety inasmuch as funding is not currently 16 available to raise the road surfaces involved and to install the necessary culvert systems or 17 bridges to pass flood waters. 1s 19 Chair Kamp asked how many people this closure will affect. Payne replied that it is difficult to 20 ascertain. There is a family living on the southwest corner of Springside and Corbin Road; a 21 couple of families east of Corbin Road; and four houses from the closure on Corbin that will be 22 affected. 23 24 Mayor Burroughs asked if signage will be posted prior closure or does this just go to City 25 Council for approval and then closure. Payne replied he is unsure, but it is his understanding that 26 notice is not required just adoption an ordinance. Mayor Burroughs stated he would like to see 27 this handled much like a zoning change by putting notice out of the potential road closure to 29 allow people who use the road an opportunity to contact staff and provide comments. 29 30 Council Member Gregory motioned to approve staffs recommendation of a temporary 31 closure of Corbin Road between Shelby Lane and Springside Road and permanent closure 32 of Corbin Road on the east and west sides of IH-35W with a second from Mayor 33 Burroughs. The motion was approved by a 3-0 vote. 34 35 The meeting was adjourned by consensus at 3:15 p.m. 36 This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - A10-0002 - 2010 Annexation Plan - Consider the adoption of a 3-year Annexation Plan to initiate the Involuntary Annexation of approximately 1,594 acres, located in the City's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of three (3) distinct areas, as presented in Exhibits 1, 2 and 3. The 3 areas are identified and generally located as follows: 1. DH-7: Approximately 143 acres, generally located on the east and north side of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive; 2. DH-9: Approximately 298 acres, generally located north of Pockrus Page Road, north, south and northeast of Edwards Road; and 3. DH-12: Approximately 1,153 acres, generally located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, east and west of S. Trinity Road. BACKGROUND The City of Denton is currently considering the annexation of eighteen (18) areas totaling approximately 9,089 acres. In accordance with Texas Local Government Code (Tx LGC) Section 43.051(c) A municipality shall prepare an annexation plan that specifically ideutifles annexations that may occur beginning on the third (3"") anniversarv of the date the annexation plan is adopted " However, Tx LGC 43.051(h) provide exceptions to the Annexation Plan requirement contingent upon the following: (1) the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; (2) the area will be annexed by petition of more than 50 percent of the real property owners in the area proposed for annexation or by vote or petition of the qualified voters or real property owners as provided by Subchapter B; (3) the area is or was the subject of: (A) an industrial district contract under Section 42.044; or (B) a strategic partnership agreement under Section 43.0751; (4) the area is located in a colonia, as that term is defined by Section 2306.581, Government Code; (5) the area is annexed under Section 43.026, 43.027, 43.029, or 43.031; (6) the area is located completely within the boundaries of a closed military installation; or (7) the municipality determines that the annexation of the area is necessary to protect the area proposed for annexation or the municipality from: (A) imminent destruction of property or injury to persons; or (B) a condition or use that constitutes a public or private nuisance as defined by background principles of nuisance and property law of this state. Fifteen (15) of the 18 areas comply with Tx.LGC 43.052.(h).(1) in that each area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract. Therefore, they are excepted from the Annexation Plan requirement. However, staff finds that none of the aforementioned three (3) areas (DH-7, DH-9 and DH-12) qualify for any of the exceptions provided for in Tx.LCG 43.051(h), therefore, these areas are subject to the Annexation Plan requirement. These 3 areas are identified in Exhibits 1-3. Effect of Amendments to Annexation Plan If the City desires to add areas to the Annexation Plan, the City may do so at any time per Tx.LGC § 43.052(e). However, if an area is added to the Annexation Plan, the area may not be annexed until on or after the third (3rd) anniversary of the date the plan was amended (Tx.LGC § 43.052(c)). The City may also amend the Annexation Plan to remove an area proposed for annexation; however, if the area is removed before the 18th month after the month the area was included in the three-year annexation cycle, the City may not amend the Annexation Plan to include the affected area until one (1) year after the area was removed from the Annexation Plan. Additionally, if an area is removed from the Annexation Plan during or after the 18th month after the month the area was included in the three-year annexation cycle, the City may not amend the Annexation Plan again to include the area until the second (2" d) anniversary of the date the City amended the Annexation Plan to remove the area (Tx.LGC § 43.052(e)). Three-Year Annexation Plan Process The annexation of DH-7, DH-9 and DH-12 must be completed before the 31st day after the 3rd anniversary of the date the area is included in the annexation plan. If the annexation is not completed by the deadline, the City may not annex the area before the fifth (5th) anniversary of the last day for completing the annexation. This means that annexation could potentially not be able to take place prior to the 8th year after the adoption of the Annexation Plan. In addition to the adoption of the Annexation Plan, the City must perform the annexation process mandated in Chapter 43 of the Tx.LGC. This process includes the following steps: 1. Provide written Notice of Intent to Annex; 2. Conduct Inventory of Services and Facilities; 3. Prepare Service Plan for the extension of full municipal services; Page - 2 4. City Council conducts two (2) public hearings; 5. Post notices of the public hearings; 6. Conduct negotiation for the provision of services; 7. Conduct Arbitration, if required; 8. The City Council passes the Annexation Ordinance (after two (2) readings; and 9. Proper post-annexation preclearance and notice is completed. Additional detail for each of the above steps is provided in Exhibit 4. SUMMARY In summary, prior to the annexation of DH-7, DH-9, or DH-12, the City must adopt an Annexation Plan for these areas. The Annexation Plan must be posted on the City's internet website until the areas are annexed. Annexation of the identified areas may not take place until after the third (3rd) anniversary of the date the Annexation Plan is adopted; however, the annexation of areas must be completed before the 31st day after the 3rd anniversary of the date the area was included in the annexation plan. Prepared by: Mark A. Cunningham, AICP Director, Planning and Development Dept. Respectfully submitted: /31 P#O( Fred Greene Assistant City Manager Page - 3 ATTACHMENTS: 1. Exhibit 1 - 3-Year Annexation Plan Ordinance 2. Exhibit 2 - Maps of Potential Annexation Area DH-7/Legal Description 3. Exhibit 3 - Maps of Potential Annexation Area DH-9/Legal Description 4. Exhibit 4 - Maps of Potential Annexation Area DH-12/Legal Description 5. Exhibit 7 - Annexation Schedule Page - 4 S:\Our Documents\ordmmces\10\Anne ation plan approval ordinance.doc ORDINANCE NO. AN ORDINANCE ADOPTING AN ANNEXATION PLAN FOR THE CITY OF DENTON, TEXAS IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE CHAP'T'ER 43 SUBCHAPTER C; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, Section 43.052 of the Texas Local Government Code requires that each city adopt an Annexation Plan in order to annex relatively populated areas not otherwise exempted from the requirements of such a plan; and WHEREAS, that statute further stipulates that no property or area may be annexed by a municipality until after the third anniversary of the date of adoption of a plan or plan amendment in which that particular property or area is designated for annexation; and WHEREAS, Section 43.052(h) of the Texas Local Government Code provides several exceptions that authorize cities to annex territory without placing the territory in an annexation plan; and WHEREAS, annexations conducted by the City of Denton, Texas prior to the passage of this Ordinance have satisfied the criteria imposed by one or more of these exceptions; and WHEREAS, the City of Denton, Texas now intends to initiate a 3-year annexation process of three relatively populated tracts previously designated in the City of Denton 2009 Annexation Study as DH-7, DH-9 and DH-12, and legally described and depicted in Exhibits A, B and C. attached hereto and incorporated herein by reference (hereinafter collectively designated as the "Annexation Tracts") ; and WHEREAS, the City of Denton, Texas may from time to time in the future amend this Annexation Plan to specifically identify other annexations that may occur beginning on the third anniversary of the date this Annexation Plan is amended, pursuant to Section 43.052(c), NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City of Denton, Texas hereby adopts as its annexation plan Exhibit D, which is attached hereto and incorporated herein by reference, and which designates the three Annexation Tracts described in Exhibits A, B and C for annexation, pursuant to the planning requirements of Texas Local Government Code Section 43.052. SECTION 2. Beginning on and after the third anniversary of the effective date of this ordinance, the City of Denton, Texas intends to extend its city limit to include the Annexation Tracts. Page 1 5:\Our Documents\Ordinances\10\Anne ton plan approval ordin"Ce.doc SECTION 3. All ordinances or resolutions or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict, or amended as specified herein to the extent of any conflict. SECTION 4. Should any section or part of any paragraph of this ordinance be declared invalid or unconstitutional fox any reason, it shall not invalidate or impair the validity, force, or effect of any section or part of a section or paragraph of this ordinance. SECTION 5. The ordinances and resolutions of the City of Denton, Texas, and the Code of Ordinances of the City of Denton, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 6. This ordinance shall become effective immediately upon passage and approval. PASSED AND APPROVED this, the 6ffi day of April 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY A EY B Page 2 5:\Our Documents\Ordinnces\70\Anne teon Plan approve; ordinmce.doc Exhibit A DH-7 Legal Description ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation and disannexation ordinances as follows: Ordinance 1965-43 (Tract III), Ordinance 1978-028, Ordinance 1985-30, Ordinance 1987-119, Ordinance 2000-440, Ordinance 2003-231, and Ordinance 2007-293; and being more specifically described as follows: BEGINNING at a point described in Ordinance 87-119, said point being 55 feet east of the centerline of FM 2182; THENCE North 89° 14' East, 195.9 feet to a point for a corner, as described in Ordinance 87-119, said point being 250 feet east of the and perpendicular to the centerline of FM 2181; THENCE Southerly to a point of intersection with north boundary line of the property described in Ordinance 2003-231; said point being the northwest corner of the said property; THENCE South 89° 36' East, 1449 feet (more or less) to a point for a corner, said point being the northeast corner of the said property; THENCE South 00° 39' West, 2124 feet (more or less) to a point for a corner, said point being the southeast corner of said property; THENCE South 89° 40' West, 98052 feet (more or less) to the northeast corner of the current City Limits as described in Ordinance 2007-293 ; Thence South 06 degrees 14 minutes 36 seconds West, a distance of 90.03 feet to a point for a corner being the Southeast corner of existing said City limits line and being on a northern line of existing City limits line established by Ordinance 87-119; THENCE Southeasterly and Easterly along a line 250 feet east and north of and parallel to the centerline of FM 2181 to a point intersecting with the City limits as described in Ordinance 87-119 and Disannexation Ordinance 78-28; THENCE Northerly along the City Limit Line as described in Ordinance 78-28, said line being the west line of the property described in said Ordinance., to a point of intersection with the southern line of the property described in Ordinance 85-30; THENCE West to the point of intersection with the property described in Ordinance 2000-440, said point being the southwest corner of the property described in Ordinance 85-30 and the southeast corner of the property described in Ordinance 2000-440; THENCE South 89° 34' 07" West, 2483.03 feet to a point for a corner, said point being 55 feet east of and perpendicular to the centerline of FM 2181; Page 3 S:\Our Documenrs\Ordinances\70\Annexanon Plan approval ordinance.doc THENCE Southerly along a line 55 feet east of and parallel to the centerline of FM 2181 to the Point of Beginning, containing approximately 143 acres. Page 4 h.L I ` I ILI f DH 7 f j In T 1'.11~iII ii ~ r-J III.. 00 I ~ i I -TI ~ r eph rrl l 4 t t 1 11 0 ~asley Ln. s SAOur Documents\Ordinmces\10\Ann"ation A]an approval ordia=mdoc Exhibit B DH-9 Legal Description ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1983-18, Ordinance 1984-17 (Tracts II & III), Ordinance 1984-97, Ordinance 1986-129, Ordinance 1986-130, Ordinance 1986-214, Ordinance 1986-218, Ordinance 1998-256, Ordinance 1999-262, Ordinance 2004-134 (Tract II), and Ordinance 2004-192; and being more specifically described as follows: BEGINNING at a point described in Ordinance 86-130, said point being on the north boundary line of the property described in Ordinance 84-97 and a point in the center of Swisher Road, said point also being the Point of Beginning of the property described in Ordinance 86-130; THENCE North 00° 41' 04" East, 1520.87 feet with the center of Swisher Road to a point for a. corner; THENCE North 89° 50' 58" East, 1655.56 feet to a point for a corner; THENCE northerly along the west line of the property described in Ordinance 86-130 to a point described in Ordinance 98-256, said point being the southeast comer of the property described in Ordinance 98-256; THENCE North 86° 23' 49" West, 1632.5 to a point for a corner, said point being the point of beginning for the property described in Ordinance 98-256; THENCE North 04° 44'29" East, 283.1 feet to a pin for a corner; THENCE North 72° 08'23" East, 271.89 feet to a point for a corner; THENCE North 88° 59' 12" East, 526.69 feet to a point for a corner; THENCE South 86° 21'22" East, 150.03 feet to a point for a coiner; THENCE South 86° 20' 48" East, 704.84 feet to a point on a corner, said point being the northeast corner of the property described in Ordinance 98-256 and on the west line of the property described in Ordinance 86-130; THENCE northerly along the west line of the property described in Ordinance 86-130, said point being the northeast corner of the property; THENCE North 89° 29' 03" East, 1261.48 feet to a point for a comer; THENCE North 00° 40' 16" West, 83.55 feet to a point, said point being the beginning of a curve described in Ordinance 86-130; THENCE 552.92 feet along the above referenced curve to a point at the end of the curve; THENCE North 21 ° 19'44" East, 698.69 feet to a point for a corner, said point on a line as described in Ordinance 82-214; Page 5 5:\Our Documents\Ordinances\10\Ann-ann Plan approval ordinaace.doc THENCE Westerly along a line described in Ordinance 82-214 to a point for a corner, said point being US Army Corps of Engineers (USACE) Monument P-238-W; THENCE along a series of courses and distances as described in Ordinance 82-214 as follows; South 82° 18' West, 236.4 feet to USACE Monument P-239-W; South 69° 35' West, 556.8 feet to USACE Monument P-240-W; North 38° 59' West, 1140.8 feet to USACE Monument P-241-W; South 58° 12' West, 672.9 feet to USACE Monument P-242-W; North 88° 58' West, 547.2 feet to USACE Monument P-243-W; North 17° 12' West, 341.7 feet to USACE Monument P-244-W; North 27° 41' East, 164.7 feet to USACE Monument P-245-W; THENCE South 88° 58' East to a point of intersection with the property described in Ordinance 86-129; THENCE Northwesterly along the middle of Pecan Creek, approximately 1040 feet in a series of courses and distances as described in Ordinance 86-129 to a point of intersection with the east boundary of the property described in Ordinance 83-18; THENCE South 4° 11' 22" West, 744.55 feet to a point for a corner, said point being the southeast corner of the property described in Ordinance 83-18; THENCE Westerly approximately 310 feet to a point of intersection with the property described in Ordinance 2004-192, said point being the northeast corner of said property; THENCE South 02° 30'20: West, 598.74 feet to a point for a corner; THENCE South 86° 34'09" East, 289.44 feet to a point for a corner; THENCE South 02° 13' 37" West, 296.76 feet to a point for a corner; THENCE North 87° 35'54" West, 288.25 feet to a point for a corner; THENCE South 02° 28' 11" West, 303.97 feet to a point for a corner; THENCE South 87° 35'54" East, 288.25 feet to a point in Swisher Road; THENCE South along the center of Swisher Road, approximately 678.27 feet to a point at a corner; THENCE South 89° 38' 54" West, 2051 feet to a point for a corner; THENCE North to a point of intersection with the property described in Ordinance 86-218; THENCE North 89° 47' 12" West, 40.21 feet to a point for a corner; Page 6 5:\Our Documents\Drdinances\10\1lnnexadon Plan approval ordinmce.doc THENCE South 04" 19' 30" West, 1507.29 feet to a point for a corner, said point being the southeast corner of said tract and lying in the center line of Edwards Road and having an intersection of a northerly line of the property described in Ordinance 99-262; THENCE Easterly along the centerline of Edwards Road to a point for a corner; THENCE South 00° 21' 39" East, 1328.19 feet to a point for a corner, said point being on the north line of the property described in Ordinance 84-17, Tract II; THENCE Easterly to a point intersecting the east line of the property described in Ordinance 2004- 134, Tract II; THENCE South 02° 02' 31" West, 724.32 feet to a point for a corner; THENCE North 87° 02' 50" West, 73.11 feet to a point for a corner; THENCE South 02° 00'40" West, 596.16 feet to a point on Pokrus Page Road; THENCE Easterly to the Point of Beginning, containing approximately 298 acres. Page 7 ~ C i L DH 9 4 I t aC'dS F - I - - _ % E d yr Rd. i - l ttt 4 i F °f co 4 ej ~ R1, _,i i PockrL;ls P~ (i , 117 ITL J-L ! E 9 -i a ) '-R f f T FL, ff- H -7 Ed` m Hil, ~E' t J SA0- Documents\Ordinances\10\Anne adon Plan approval ordinance.doc Exhibit C DH-12 Legal Description ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1965-43 (Tract 1), Ordinance 1983-134, Ordinance 1984-98, Ordinance 1985-210 (Tracts 1, 3 and 4-A), Ordinance 1986-22 (Tracts II & III), Ordinance 1986.129, Ordinance 1989-1, Ordinance 1996-68, Ordinance 1996-232, and Ordinance 2001-244; and being more specifically described as follows: BEGINNING at a point at the southwest corner of the property described in Ordinance 96-068, said point being in the center of Mayhill Road and the north right-of-way line of Blagg Road; THENCE East along the north right-of-way line ofBlagg Road, 407.5 feet to a point for a corner; THENCE North 1244 feet to a point for a corner, said corner being the northeast corner of the property described in Ordinance 96-068 and being on the south line of the property described in Ordinance 65-43, Tract I; THENCE Northeasterly along a line to a point of intersection with the west line of the property described in Ordinance 86-22, Tract II; THENCE South to a point for a corner, said point being the southeast corner of the property described in Ordinance 86-22, Tract II, also being on the east right-of-way line of Geesling Road; THENCE South 00° 30' 22" East, 59.37 feet along the east line of Geesling Road to a point for a corner; THENCE South 89° 27' 34" East, 337 feet to a point for a corner; THENCE South 00° 55' 15" West, 538.17 feet to a point for a corner; THENCE North 89° 54' 18" West, 337 feet to a point for a corner; THENCE South 00° 00' 11" East, 459.04 feet along the east line of Geesling Road to a point for a corner; THENCE South 40" 27' 41" East, 255.8 feet to a point for a corner; THENCE North 89° 59'49" East, 549.5 feet to a point for a corner; THENCE South 46° 13' 49" West, 45.10 feet to a point for a cornet; THENCE South 89° 54' 30" East, 36.28 feet to a point for a corner; THENCE South 00° 05' 30" West, 365 feet to a point for a corner, said point being on the north line of Blagg Road; THENCE South 89° 54' 30" East, 719.56 feet, along the north line of Blagg Road to a point for a corner; Page 8 &\Our Documents\0rdiumces\7 G\Anoeaation Plan appmvai ordffi nce.doc THENCE North 00° 07' 52" West, 985.11 feet to a point for a corner; THENCE South 89° 24' 39" East to the point of intersection of the property described in Ordinance 96-232; THENCE South 03° 04' 00" West, 980.18 feet to a point on the north line of Blagg Road; THENCE Easterly along the north line of Blagg Road to a point of intersection with the west right- of-way line of Lakeview Boulevard; THENCE southerly along the west right-of-way line of Lakeview Boulevard to the south right-of- way of Blagg Road; THENCE westerly along the south right-of-way line of Blagg Road to a point described in Ordinance 2001-244, said point also being the northeast corner of the property in the said Ordinance; THENCE South 89° 28' 01" West, 745.32 feet along the south right-of-way of Blagg Road to a point for a corner; THENCE South 00° 05' 17" East, 416.59 feet to a point for a corner; THENCE South 89° 59'36" West, 676.35 feet to a point for a comer; THENCE South, 247.72 feet to a point for a corner; THENCE East, 165 feet to a point for a corner; THENCE South, 261.78 feet to a point for a cornet; THENCE West, 165 feet to a point for a corner; THENCE South 710.41 feet to a point for a comer; THENCE East, 1421 feet to the intersection with the property described in Ordinance 84-98; THENCE Southerly along the west line of the property described in Ordinance 84-98 to a point for a corner; THENCE South 83° 12' 10" East, 693.59 feet to a point for a comer; THENCE South 3° 57' 40" West, 646.13 feet to a point for a corner; THENCE Easterly to point on the west line of the property described in Ordinance 85-210, Tract 3, said point being the northwest corner of the said tract; . THENCE South 2° 45' 06" West, 822.11 feet to a point for a corner; THENCE South 75° 04' 19" East, 144.36 feet to a point for a corner; THENCE South 39° 15'29" East, 87.11 feet to a point for a corner; THENCE South 9° 13' 56" East, 72.59 feet to a point for a corner; Page 9 &\Our Documents\Ordinances\10\Ann-tion Plan approval ordinmce.doc THENCE South 48° 27' 58" West, 28.64 feet to a point for a corner; THENCE North 86° 10' 37" West, 194.01 feet to a point for a comer; THENCE South 2° 45'06" West, 561.45 feet to a point for a corner; THENCE South 82° 33'40" East, 707.37 feet to a point for a comer; THENCE South 16° 50' 50" West, 146.41 feet to the intersection with a line on the property described in Ordinance 84-98; THENCE North 86° 04'29" West, 681.98 feet to a point for a corner; THENCE South 2° 28' 38" West, 525.40 feet to a point for a comer; THENCE South 86° 26' 40" East, 1423.30 feet to a point for a comer; THENCE South 2° 48'25" West, 2127.77 feet to a point for a corner; THENCE South 2° 13'47" West, 706.64 feet to a point for a corner; THENCE South 64° 50' 47" East, 407.19 feet to an intersection with a line on the property described in Ordinance 85-210, Tract 1; THENCE South 00° 45' 09" West to a point of intersection with a line on the property described in Ordinance 86-129, said point being the northeast corner of said tract; THENCE Northwesterly along aline 250 feet northeasterly of the center line of FM 426 on a series of courses and distance described in Ordinance 86-129 to a point of intersection with the east line of the property described in Ordinance 83-134; THENCE North 00° 05' East, 1274.77 feet to a point for a corner; THENCE East, 15 feet to a point for a corner; THENCE North 00° 05' East, 2255.94 to a point for a comer; THENCE South 89° 17' West, 1444.17 feet along the south tight-of-way line of Mills Road to a point for a comer, said point being the northwest corner of the property described in Ordinance 83- 134 and the northeast corner of the property described in Ordinance 89-001; THENCE Westerly, 2944.96 feet along the south right-of-way line Of Mills Road to a point in the centerline of Mayhi. Road on the east line of the property described in Ordinance 65-43, Tract I; THENCE Northerly along the centerline of Mayhill Road to the Point of Beginning, containing approximately 1,162 acres. Page 10 yy r Diagg i 1 --_T i >j co- 12 0 T~ 77 r inence E EL m s - Mills Rd. Ik -Jj LET' _ f h j~ 04 L r ti t _ n S 1 ~Y Lt - ~m Grissom y ! ~ ~ 1, ~ f~4 • ri1 T IF k E L II I ?TTreatrnent F"Iq ft i ! I + 0 pr Ind it 1 i ~ j Exhibit D To Be Provided Page 11 EXHIBIT 2 Potential Annexation Area DH-7 Location: East and north side of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive Acreage: Approximately 143 DH7 I I I Page - 7 DH-7 Existing Land Use Map FREESE INICHOLS 1 Land J- A-, 7 octal I'ar~.e is To l0 ..P,,d Aar+= - ~.e Family T 1 &1.5 1~.1ar~u,-art~r~a -lame 347 4:1.1 C cr ~~r~.-c..ia 3 11 4.5 27 Q 13.7 ,fy F{' 1 T.~ral 3G3 x.44 14D D Fe,t 2--10 500 1,000 UD0 2,000 Occupied Parcel Count and Single Fansfy JbI lri m Existing Land Use 0 Ma,Lt.,ctl,redFb¢r-,e0 open storage -IF ....~r rcaz€ ~ III Storage Buddings City of Denton, Texas Potential Annexation eel-tery Area 7 Page - 8 DH-7 Area Survey ~ rrr kar L Rd.. F- - QLLLij ~ ` -LL _C FEE j-F ITS =7 -7 i~ DH 7 I _on D LLeat~rw tad ! {Itl It, r I j~/0 rile Ln. Page - 9 DH-7 LEGAL DESCRIPTION ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation and disannexation ordinances as follows: Ordinance 1965-43 (Tract III), Ordinance 1978-028, Ordinance 1985-30, Ordinance 1987-119, Ordinance 2000-440, Ordinance 2003-231, and Ordinance 2007-293; and being more specifically described as follows: BEGINNING at a point described in Ordinance 87-119, said point being 55 feet east of the centerline of FM 2182; THENCE North 89° 14' East, 195.9 feet to a point for a corner, as described in Ordinance 87- 119, said point being 250 feet east of the and perpendicular to the centerline of FM 2181; THENCE Southerly to a point of intersection with north boundary line of the property described in Ordinance 2003-231; said point being the northwest corner of the said property; THENCE South 89° 36' East, 1449 feet (more or less) to a point for a corner, said point being the northeast corner of the said property; THENCE South 00° 39' West, 2124 feet (more or less) to a point for a corner, said point being the southeast corner of said property; THENCE South 89° 40' West, 980.52 feet (more or less) to the northeast corner of the current City Limits as described in Ordinance 2007-293; Thence South 06 degrees 14 minutes 36 seconds West, a distance of 90.03 feet to a point for a corner being the Southeast corner of existing said City limits line and being on a northern line of existing City limits line established by Ordinance 87-119; THENCE,SOntheasterIv and Ea.wrly along a line 250 feet east crud north of crud parallel to the centerline Of FM 2181 to a point intersecting lvith the Clay lhvitS aS described in Ordinance 87- 119 and Disannexation Ordinance 78-28; THENCE Northerly along the City Limit Line as described in Ordinance 78-28, said line being the west line of the property described in said Ordinance, to a point of intersection with the southern line of the property described in Ordinance 85-30; THENCE West to the point of intersection with the property described in Ordinance 2000-440, said point being the southwest corner of the property described in Ordinance 85-30 and the southeast corner of the property described in Ordinance 2000-440; THENCE South 89° 34' 07" West, 2483.03 feet to a point for a corner, said point being 55 feet east of and perpendicular to the centerline of FM 2181; Page - 10 THENCE Southerly along a line 55 feet east of and parallel to the centerline of FM 2181 to the Point of Beginning, containing approximately 143 acres. Page - 11 EXHIBIT 3 Potential Annexation Area DH-9 Location: North of Pockrus Page Road, north, south and northeast of Edwards Road Acreage: Approximately 298 D H 9 i ti I f i, T f 't Page - 12 DH-9 Existing Land Use Map FREESE IFI NiCHOLs e rr,~ rte; : G~ ii l w y b I f,. CXt i G6 Land '_;F area 4 Total Parcels o.;,l Occupied iy 31 -:I. If W d Hain, 55 55 - i= -h as, Karns, ,tc_) 1 0 0.._ 31 b 7 128 ??3."` l715 ~ I Feet 250 500 1,000 1,500 2,000 Occupied Parcel Count and Single Family Ut' t as Existing Land Use nufacturedHome Open Storage ercial 0 Storage Building's I- City of Dentonf Texas Commercial vacant Vacant Potential Annexation Cemetery Area 9 Page - 13 DH-9 Area Survey caI ~ 1 l I qL v 1 I DH-- 9 I Ectva rds Rd, ,r f 1 TCnTTT s , PT, 6~I.~ ' L4 FT- J 1 T, 77 Pocky s Pa e - f, ~lf1JJJJ~ ~>7. s, i f Page - 14 DH-9 Legal Description ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1983-18, Ordinance 1984-17 (Tracts II & III), Ordinance 1984-97, Ordinance 1986-129, Ordinance 1986-130, Ordinance 1986-214, Ordinance 1986-218, Ordinance 1998-256, Ordinance 1999-262, Ordinance 2004-134 (Tract I1), and Ordinance 2004-192; and being more specifically described as follows: BEGINNING at a point described in Ordinance 86-130, said point being on the north boundary line of the property described in Ordinance 84-97 and a point in the center of Swisher Road, said point also being the Point of Beginning of the property described in Ordinance 86-130; THENCE North 00° 41' 04" East, 1520.87 feet with the center of Swisher Road to a point for a corner; THENCE North 89° 50' 58" East, 1655.56 feet to a point for a corner; THENCE northerly along the west line of the property described in Ordinance 86-130 to a point described in Ordinance 98-256, said point being the southeast corner of the property described in Ordinance 98-256; THENCE North 86° 23' 49" West, 1632.5 to a point for a corner, said point being the point of beginning for the property described in Ordinance 98-256; THENCE North 04° 44' 29" East, 283.1 feet to a pin for a corner; THENCE North 72° 08' 23" East, 271.89 feet to a point for a corner; THENCE North 88° 59' 12" East, 526.69 feet to a point for a corner; THENCE South 86° 21' 22" East, 150.03 feet to a point for a corner; THENCE South 86° 20' 48" East, 704.84 feet to a point on a corner, said point being the northeast corner of the property described in Ordinance 98-256 and on the west line of the property described in Ordinance 86-130; THENCE northerly along the west line of the property described in Ordinance 86-130, said point being the northeast corner of the property; THENCE North 89° 29' 03" East, 1261.48 feet to a point for a corner; THENCE North 00° 40' 16" West, 83.55 feet to a point, said point being the beginning of a curve described in Ordinance 86-130; Page - 15 THENCE 552.92 feet along the above referenced curve to a point at the end of the curve; THENCE North 21° 19'44" East, 698.69 feet to a point for a corner, said point on a line as described in Ordinance 82-214; THENCE Westerly along a line described in Ordinance 82-214 to a point for a corner, said point being US Army Corps of Engineers (USAGE) Monument P-238-W; THENCE along a series of courses and distances as described in Ordinance 82-214 as follows; South 82° 18' West, 236.4 feet to USACE Monument P-239-W; South 69° 35' West, 556.8 feet to USACE Monument P-240-W; North 38° 59' West, 1140.8 feet to USACE Monument P-241-W; South 58° 12' West, 672.9 feet to USACE Monument P-242-W; North 88° 58' West, 547.2 feet to USACE Monument P-243-W; North 17° 12' West, 341.7 feet to USACE Monument P-244-W; North 27° 41' East, 164.7 feet to USACE Monument P-245-W; THENCE South 88° 58' East to a point of intersection with the property described in Ordinance 86-129; THENCE Northwesterly along the middle of Pecan Creek, approximately 1040 feet in a series of courses and distances as described in Ordinance 86-129 to a point of intersection with the east boundary of the property described in Ordinance 83-18; THENCE South 4° 11' 22" West, 744.55 feet to a point for a corner, said point being the southeast corner of the property described in Ordinance 83-18; THENCE Westerly approximately 310 feet to a point of intersection with the property described in Ordinance 2004-192, said point being the northeast corner of said property; THENCE South 02° 30' 20: West, 598.74 feet to a point for a corner; THENCE South 86° 34' 09" East, 289.44 feet to a point for a corner; THENCE South 02° 13' 37" West, 296.76 feet to a point for a corner; THENCE North 87° 35' 54" West, 288.25 feet to a point for a corner; Page - 16 THENCE South 02° 28' 11" West, 303.97 feet to a point for a corner; THENCE South 87° 35' 54" East, 288.25 feet to a point in Swisher Road; THENCE South along the center of Swisher Road, approximately 678.27 feet to a point at a corner; THENCE South 89° 38' 54" West, 2051 feet to a point for a corner; THENCE North to a point of intersection with the property described in Ordinance 86-218; THENCE North 89° 47' 12" West, 40.21 feet to a point for a corner; THENCE South 04° 19' 30" West, 1507.29 feet to a point for a corner, said point being the southeast corner of said tract and lying in the center line of Edwards Road and having an intersection of a northerly line of the property described in Ordinance 99-262; THENCE Easterly along the centerline of Edwards Road to a point for a corner; THENCE South 00° 21' 39" East, 1328.19 feet to a point for a corner, said point being on the north line of the property described in Ordinance 84-17, Tract II; THENCE Easterly to a point intersecting the east line of the property described in Ordinance 2004-134, Tract II; THENCE South 02° 02' 31" West, 72432 feet to a point for a corner; THENCE North 87° 02' 50" West, 73.11 feet to a point for a corner; THENCE South 02° 00' 40" West, 596.16 feet to a point on Pokrus Page Road; THENCE Easterly to the Point of Beginning, containing approximately 298 acres. Page - 17 EXHIBIT 4 Potential Annexation Area DH-12 Location: South of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, east and west of S. Trinity Road Acreage: Approximately 1,153 12 1.4 . rr~ is w s, rrsr ,i: ,t.wi,z Page - 18 DH-12 Existing Land Use Map FREESE r7 W HOLS 1 BFI Occupied Parcel Count and Existing Land Use City of Denton, Texas Potential Annexation Area 12 Page - 19 DH-12 Area Survey - - - - - p If 1 _ - =I r~ ~ w - = DH 12 El TI TL,P ! - n - I T. ~z_ T•j ~ 1 . - - i L Page - 20 DH-12 Legal Description ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1965-43 (Tract 1), Ordinance 1983-134, Ordinance 1984-98, Ordinance 1985-210 (Tracts 1, 3 and 4-A), Ordinance 1986-22 (Tracts II & III), Ordinance 1986-129, Ordinance 1989-1, Ordinance 1996-68, Ordinance 1996-232, and Ordinance 2001-244; and being more specifically described as follows: BEGINNING at a point at the southwest corner of the property described in Ordinance 96-068, said point being in the center of Mayhill Road and the north right-of-way line of Blagg Road; THENCE East along the north right-of-way line of Blagg Road, 407.5 feet to a point for a corner; THENCE North 1244 feet to a point for a corner, said corner being the northeast corner of the property described in Ordinance 96-068 and being on the south line of the property described in Ordinance 65-43, Tract I; THENCE Northeasterly along a line to a point of intersection with the west line of the property described in Ordinance 86-22, Tract II; THENCE South to a point for a corner, said point being the southeast corner of the property described in Ordinance 86-22, Tract II, also being on the east right-of-way line of Geesling Road; THENCE South 00° 30' 22" East, 59.37 feet along the east line of Geesling Road to a point for a corner; THENCE South 89° 27' 34" East, 337 feet to a point for a corner; THENCE South 00° 55' 15" West, 538.17 feet to a point for a corner; THENCE North 89° 54' 18" West, 337 feet to a point for a corner; THENCE South 00° 00' 11" East, 459.04 feet along the east line of Geesling Road to a point for a corner; THENCE South 40° 27' 41" East, 255.8 feet to a point for a corner; THENCE North 89° 59' 49" East, 549.5 feet to a point for a corner; THENCE South 46° 13' 49" West, 45.10 feet to a point for a corner; Page - 21 THENCE South 89° 54' 30" East, 36.28 feet to a point for a corner; THENCE South 00° 05' 30" West, 365 feet to a point for a corner, said point being on the north line of Blagg Road; THENCE South 89° 54' 30" East, 719.56 feet, along the north line of Blagg Road to a point for a corner; THENCE North 00° 07' 52" West, 985.11 feet to a point for a corner; THENCE South 89° 24' 39" East to the point of intersection of the property described in Ordinance 96-232; THENCE South 03° 04' 00" West, 980.18 feet to a point on the north line of Blagg Road; THENCE Easterly along the north line of Blagg Road to a point of intersection with the west right-of-way line of Lakeview Boulevard; THENCE southerly along the west right-of-way line of Lakeview Boulevard to the south right- of-way of Blagg Road; THENCE westerly along the south right-of-way line of Blagg Road to a point described in Ordinance 2001-244, said point also being the northeast corner of the property in the said Ordinance; THENCE South 89° 28' 01" West, 745.32 feet along the south right-of-way of Blagg Road to a point for a corner; THENCE South 00° 05' 17" East, 416.59 feet to a point for a corner; THENCE South 89° 59' 36" West, 676.35 feet to a point for a corner; THENCE South, 247.72 feet to a point for a corner; THENCE East, 165 feet to a point for a corner; THENCE South, 261.78 feet to a point for a corner; THENCE West, 165 feet to a point for a corner; THENCE South 710.41 feet to a point for a corner; THENCE East, 1421 feet to the intersection with the property described in Ordinance 84-98; THENCE Southerly along the west line of the property described in Ordinance 84-98 to a point for a corner; Page - 22 THENCE South 83° 12' 10" East, 693.59 feet to a point for a corner; THENCE South Y 57' 40" West, 646.13 feet to a point for a corner; THENCE Easterly to point on the west line of the property described in Ordinance 85-210, Tract 3, said point being the northwest corner of the said tract; THENCE South 2° 45' 06" West, 822.11 feet to a point for a corner; THENCE South 75° 04' 19" East, 14436 feet to a point for a corner; THENCE South 39° 15' 29" East, 87.11 feet to a point for a corner; THENCE South 9° 13' 56" East, 72.59 feet to a point for a corner; THENCE South 48° 27' 58" West, 28.64 feet to a point for a corner; THENCE North 86° 10' 37" West, 194.01 feet to a point for a corner; THENCE South 2° 45' 06" West, 561.45 feet to a point for a corner; THENCE South 82° 33' 40" East, 70737 feet to a point for a corner; THENCE South 16° 50' 50" West, 146.41 feet to the intersection with a line on the property described in Ordinance 84-98; THENCE North 86° 04' 29" West, 681.98 feet to a point for a corner; THENCE South 2° 28' 38" West, 525.40 feet to a point for a corner; THENCE South 86° 26' 40" East, 1423.30 feet to a point for a corner; THENCE South 2° 48' 25" West, 2127.77 feet to a point for a corner; THENCE South 2° 13' 47" West, 706.64 feet to a point for a corner; THENCE South 64° 50' 47" East, 407.19 feet to an intersection with a line on the property described in Ordinance 85-210, Tract 1; THENCE South 00° 45' 09" West to a point of intersection with a line on the property described in Ordinance 86-129, said point being the northeast corner of said tract; THENCE Northwesterly along a line 250 feet northeasterly of the center line of FM 426 on a series of courses and distance described in Ordinance 86-129 to a point of intersection with the east line of the property described in Ordinance 83-134; Page - 23 THENCE North 00° 05' East, 1274.77 feet to a point for a corner; THENCE East, 15 feet to a point for a corner; THENCE North 00° 05' East, 2255.94 to a point for a corner; THENCE South 89° 17' West, 1444.17 feet along the south right-of-way line of Mills Road to a point for a corner, said point being the northwest corner of the property described in Ordinance 83-134 and the northeast corner of the property described in Ordinance 89-001; THENCE Westerly, 2944.96 feet along the south right-of-way line Of Mills Road to a point in the centerline of Mayhill Road on the east line of the property described in Ordinance 65-43, Tract I; THENCE Northerly along the centerline of Mayhill Road to the Point of Beginning, containing approximately 1,162 acres. Page - 24 EXHIBIT 5 3-Year Annexation Schedule 1 Adopt Annexation Plan and post 4/6/2010 plan on website (Tx.LGC 43.052) 2 Notice of Intent to all property Prior to the 90th day after the 6/30/2010 owners, public/private entities, I CC adopts the plan railroad companies and post on website (Tx.LGC 43.052.f) 3 Request Inventory of Services and Shall be requested at the time 6/30/2010 Facilities provided by of the Notice of Intent public/private entities (Tx.LGC 43.053c) 4 Receive information provided by 90 days after request is made 9/27/2010 public and private service providers (Tx.LGC 43.053.c) 5 Non-Annexation Agreements October, 2011 offered to property owners with Ag. exemptions (Tx.LGC 43.035) 6 Complete Inventory of Services and I On or before the 60th day after 11/24/2010 Facilities and make available for the information is received public inspection (Tx.LGC 43.053.g and Tx.LGC 43.056j) 7 Notice of I" Public Hearing (Tx.LGC On or after the 20'x' day, but 1/26/2011 43.0561.c) before the 10'x' day before the date of the hearing 8 Notice of 2nd Public Hearing On or after the 20th day, but 1/26/2011 (Tx.LGC 43.0561.c) before the date of the hearing 9 Proposed Service Plan must be Prior to public hearings 21112011 made available for public inspection and explained at the public hearings (Tx.LGC 43.056.j) 10 1St Public Hearing (Tx.LGC I Not later than the 90th day 2/8/2011 43.0561.a & Tx.LGC 43.0561.c) I after the Inventory is made available to the public Page - 25 11 2"`{ Public Hearing (Tx.LGC Not later than the 90"' day 2/15/2011 43.0561.a & Tx.LGC 43.0561.c) after the Inventory is made available to the public. Must also consider that public hearings must take place on or before the 20t~' day, but after the 10t~' day after the date of the notice of public hearing in accordance with 43.0561.C. Therefore, both hearings must take place by 2/15/20, which is 20 days after 1/26/2011 public hearing notice date. 12 Negotiations for Provision of After the 2nd public hearing, 3/8/2011 Services after annexation or in lieu 1 but before adoption of the 1 of annexation (Tx.LGC 43.0562) Annexation Ordinance 13 Final Service Plan (Tx.LGC 43.056.x) Before the 1't day of the 10t~' 8/26/2011 month after the month in which the inventory is prepared. 14 Request arbitration regarding ( Before the 60th day after the 10/10/2011 negotiations (if required) (Tx.LGC < date the service plan is 43.0564) ' completed. 15 1't Reading of the Ordinance 111012012 16 Ordinance Publication ( The ordinance or any 3/6/2013 amendment thereof shall not be acted upon until at least 30 days after newspaper publication date. (Charter) 17 2"`i Reading of the Annexation Approve on 2"`] Reading before 4/6/2013 Ordinance 3 years + 31 days Page - 26 AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Herman Lawson 349-7755 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number One to the contract between the City of Denton and Thaten Construction Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4336-Change Order Number One to Fleet Fueling and Truck Wash Facility in the amount of $46,027 for a total bid award of $2,093,712). CHANGE ORDER INFORMATION Change Order One for Bid 4336 is needed to cover additional cost adjustments related to Development Code requirements and staff requests as detailed in the attached AIA Document G701 (Exhibit 1). As you will recall, this project was being planned when American Recovery & Reinvestment Act (ARRA) funding became available. In order to take advantage of the opportunity to obtain the $600,000 grant, completion of the plans was expedited and construction bids were sought on the project before plan review was complete. This resulted in required changes to the approved project. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Council awarded this bid to Thaten Construction Inc. in the amount of $2,047,685 on December 15, 2009. RECOMMENDATION Approve Change Order One in the amount of $46,027 for a total bid award amount of $2,093,712. PRINCIPAL PLACE OF BUSINESS Thaten Construction Inc. Sanger, TX ESTIMATED SCHEDULE OF PROJECT Construction is scheduled to be complete September 4, 2010. Agenda Information Sheet April 6, 2010 Page 2 FISCAL INFORMATION This Change Order will be funded from account 660521585.1375.40100 on the amount of $23,585 and account 820005725.1365.40100 in the amount of $23,585. The expenditure is within the budget contingency and no additional funds are required. EXHIBITS Exhibit 1: Change Order One Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4336 Change Order One Exhibit 1 i ...)I.{ t \rrf,1 't'~I, I,I , 1.:+;AS.t~ I QO( _ (A AI ' `%i 1<<~nIoi1! 1,,1 E'twh ;!I Id 1owic llAfl .U; 1o V':1`•Il l niliic _ Mal VI(;I P1 I ),.I1Pc16 TX, I l AWN IILIA 0 1+AOW i I" I ' ( ? 19K TO a:c?I,EI Y k i For': H I I V "l) l W iC kk" WX iI R. IN 7616 V't :A41 I 1 A( Al 11 1' E E !i: fei lk\i i I5t\t.= ( i. ~ 1sl..I(,P l(s1.; I.) /1 ~ i~(..p E_i ~}Ii1J~:?~ l~irhur. uh rc ( p,v"i,"d 4c°, Ui lI ORk- o;i;orr~rl ~<[~iihu,`uhic taivrhioir,Wl >cr(/I,1" tio!; (7i,oe<c I I . 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I 1 i 1 OX 0V'H"1 I I ' \ 1 ) I l l 1 . 50 1 1 ( 3 1 6" : = I ) 1 MAI OVkRI11:.-\11 I A LL_ 4) kANI)1 RAP !1L,~?o~u;~;.laiC..tii '.rf(Ii.(,o~!yi,l°~~141, 19u~,i000~uu!~I?01r,~~Tllr„Amc-iic~u ~l.utulcr~(~Ai,;hiir,~, ,~ilus;l~°,~csrn~rd. T1iis dor wHmtww plodniced 1 ~Alh =;oft varc, at '021 13 on 03/30/70 l o under 00a N;,_ONAUG 2__1 , 1sh expos on O U1: i _01 and is not A moat Ike1 PJs>t,~s=: (1=lf 3C GE313) (1,350.00) CREDIT The original Contract Sure was 2,047,685.00 The net change by previously authorized Grange Orders $ 0.00 The Contract Sum prior to this Change Order was $ 2,047,685.00 The Contract. Sum will be increased by this Change Order in the amount of $ 46,027.00 The new Contract Sum including this Grange Order will be _ 2,493,712,00 The Contract Time will be increased by Zero (15) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sun, Contract Time oz' Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by bath the Owner and Contractor, in which case a Charge Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. t'ttt(I1,i- (II.VI , fNC, AJTN CITY 01P (XiMFON ARCfl)YEIs3 (iKv-7 )xtR4 - CMt'LA0011(Yirm luprr.) OWNER Mj'»r Jr.E~ ,i,4 ~ ~ - 3216 Ctnruun€ru q t)t,,.: Jk4 101, PC) H( MU f2.51 t-~€utli Nkyllill kwd ARFt131..1.,TOi`1'1`X._ 75916 S ptoR 3 _ I{8}iE55 ADll ;~r.~r~~. v~~{•t fir,:.-,_ HY,S' al~tr) 1«t:,re) BY (id itaterr'l ' ' pg!ytv-m-js.Pl#, ]~t3- t n€ia'1?m€rla Flir,nan taatsos ttyRrr~►x~rr imrate# p3!~31i~ DATE hSAAaGumunlCYGf Y4i- 4pytt~lif i4TV.19131,20Wa"rL!2c~ElYirffii€t€,1rnar[cart#~eSLCKttUl1SUt3q~alu'it3iyhttr9$9+S€ldrV1l1tlrr;'1FGYsit~' Cln;~lnYii€it f~ ~vol£CP i yj U.#. s: yliiila L4W 01t11 Ink+t45arkf~ci'1 ftl€i!i€~~. ~,tt rlh;trl[~u] ~Dp6ducib, C' ObibillfrJA 511011 AIA" i ,muraLtl. q! LAY r rLiho six$. LM1~Iy digit€tf Y0Yfrto G;Vi1.s`siKi'[filln&:i19i171EIii~, (nit sh €V i}ii[ki5rllr-0k+i0 iN+i tii;+4dlfStf~i If~ft9ilr P0~€9iL•ht ll Rttrr'6isIF t~€lV•'T t1i8II[Y+~s11Y~; lI VsR9 pp-r~cdt>ktdVA1AsjAWxr,Stiri2t:i7u+4:13t~141~rttlatOr~rrdllGfs 63~OG2 iwiiid€4zyxr~aGtG1J1Jt01f,rs€rdisroitar€k3b1a. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND THATEN CONSTRUCTION INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4336-CHANGE ORDER NUMBER ONE TO FLEET FUELING AND TRUCK WASH FACILITY IN THE AMOUNT OF $46,027 FOR A TOTAL BID AWARD OF $2,093,712). WHEREAS, on December 15, 2009 by Ordinance No. 2009-314, the City awarded a public works contract to Thaten Construction Inc., in the amount of $2,047,685 for the construction of an alternative fuel and truck wash facility; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order No. One, increasing the amount of the contract between the City and Thaten Construction, Inc., which is on file in the office of the Purchasing Agent, in the amount of Forty Six Thousand Twenty Seven and 0/100 ($46,027) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $2,093,712. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-BID 4336 This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - Z09-0012 (Cumberland Presbyterian Children's Home) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change on that portion of a platted 17.327 acre lot currently zoned under the Downtown Residential 1 (DR-1) zoning district classification and use designation, to the Downtown Commercial General (DC-G) zoning district classification and use designation defined for the remainder of the lot, said lot being generally located at the southeast corner of Greenlee Street and Central Avenue, and legally described as Lot 1, Block A of the Cumberland Presbyterian Children's Home Addition, in the City of Denton, Denton County, Texas. BACKGROUND The subject property is a portion of a 17.327-acre lot developed with the Cumberland Presbyterian Children's Home and accessory uses. The portion of the lot that is zoned Downtown Residential 1 (DR-1) currently is developed with transitional housing for single parent families. The applicant intends to continue the development of housing associated with the Cumberland Presbyterian Children's Home in the area. The Planning Division sent notices of the public hearing (Exhibit 9) to all residents within 500 feet of the subject property; as of this writing, no responses have been received. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this rezoning request (6-0). The Development Review Committee recommends approval of this rezoning request. EXHIBITS 1. Staff Analysis 2. Location Map 3. Aerial Photograph of Site 4. Existing Zoning Map 5. Proposed Zoning Map 6. Future Land Use Map 7. Excerpt from Planning and Zoning Commission Minutes from March 10, 2010 8. Filed Plat 9. Notification Information 10. Letter From Applicant 11. Site Photographs 12. Ordinance Prepared by: h- Jane Gurney, Senior Planner Respectfully submitted: Mark Cunningham, AICP Director, Planning and Development 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF:- AAL)SLS CASE NO.: Z09-0012 DATE TO BE CONSIDERED: April 6, 2010 LOCATION: The property is generally located at the southeast corner of Greenlee Street and Central Avenue. APPLICANT: Landmark Surveyors, LLC 4238 1-35 N Denton, TX 76207 OWNER: Cumberland Presbyterian Children's Home 1304 Bernard Street Denton, TX 76207 REQUEST: Rezone approximately 2.749 acres of land from a Downtown Residential 1 (DR-1) zoning district to a Downtown Commercial General (DC-G) zoning district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of this zoning change request (6-0). The Development Review Committee recommends approval of this zoning change request. COMPREHENSIVE Downtown University Core PLAN DESIGNATION: SITE AND SURROUNDINGS: North: Downtown Residential (DR-1); Single family and multifamily uses; South: Downtown Commercial General (DC-G), and Downtown Residential (DR-1); 1-35 N, commercial and single family uses East: Downtown Commercial General (DC-G), and Downtown Residential (DR-1); Single family and multifamily uses, assisted living facility West: Downtown Commercial General (DC-G), and Downtown Residential (DR-1); Commercial and residential uses, mosque BACKGROUND The site is currently developed with a campus serving the various INFORMATION: functions of the Cumberland Presbyterian Children's Home, including administrative offices, conference and training rooms, as well as residential cottages and duplex-style housing for single parent families. The property was replatted into a single 17.327-acre lot in 1986, and is legally described as Lot 1, Block 1 of the Cumberland 3 Presbyterian Children's Home Addition. When the City-wide rezoning was implemented in February of 2002, the portion of the property that housed the administrative and institutional type uses was designated as a Downtown Commercial General (DC-G) zoning district, and the area around the residential-style buildings was designated as a Downtown Residential 1 (DR-1) zoning district. The property that is within the DR-1 zoning district has been further developed with duplex uses. A fourplex is now proposed in this area; however, a fourplex is not permitted under DR-1 zoning. In order to construct a fourplex on the property within the DR-1 zoning district, the applicant has requested the rezoning of the entire lot to a single zoning designation, Downtown Commercial General (DC-G). This will ensure that the entire lot is zoned in the same manner, while permitting the continued development of the campus. ANALYSIS: Comprehensive Plan The property is located in a Downtown University Core future land Analysis: use district. The Downtown University Core District is defined by the Denton Plan as: "Specified commercial areas of the Downtown University Core District should be places of great vitality, with a mix of education, residential, retail, office, service, government, cultural, and entertainment development. The health and vitality of the area can contribute in a major way to the city, its local and regional image, and quality of life. It is a place where residents can live, work, learn, and play in the same neighborhood. It includes different uses which may occur on each floor of the building." The existing and proposed uses are consistent with the Denton Plan future land use designations. The continued operation and development of the Cumberland Presbyterian Children's Home will provide a mix of residential and service uses within the Downtown University Core area. Development The majority of the 2.749 acres under consideration in this zoning Code/Zoning Analysis request are already developed, and as such, it is not likely that a significant change in uses will be seen if the requested zoning change is granted. The requested zoning district, Downtown Commercial General (DC-G), permits more commercial and industrial land uses than the existing zoning, Downtown Residential 1 (DR-1). Many of the commercial and industrial uses that may occur in a DC-G zoning district, including Vehicle Repair and Quick Vehicle Servicing, Auto and RV sales, and Commercial Parking Lots are subject to limitations and/or require City Council approved Specific Use Permits. The DR- 1 zoning district permits single-family homes and duplexes, while the 4 DC-G zoning district prohibits these uses. Multifamily dwellings and attached single-family dwellings are also permitted within the DC-G zoning district. If the zoning change is granted, the development of the project will be subject to the general regulations of the Downtown Commercial General (DC-G) zoning district, as well as the site design standards of the Denton Development Code. General regulations that will apply to the requested zoning district include a requirement for buildings with heights in excess of 30 feet provide an additional setback of 1 foot for each foot of building height over 30 feet for any areas adjacent to residential uses or districts. The maximum lot coverage for the DC-G zoning district is 85% and the minimum landscaped area required is 15%. The existing DR-1 zoning regulations include a maximum permitted lot coverage of 60% and a minimum landscaped area requirement of 40%. The differences between the existing zoning district (DR-1) and the requested zoning district (DC-G) are summarized in the following table. Uses that do not appear in the table below are regulated in the same manner for both zoning district. Use Zoning District Residential Land Use Categories (proposed) Single Family Dwellings P N Accessory Dwelling Units P N Attached Single Family Dwellings N P Dwellings Above Businesses N P Duplexes P N Group Homes N SUP Multi-Family Dwellings N L(5) Commercial Land Use Categories Hotels N P Bed and Breakfast L(8) P Retail Sales and Service N P Movie Theaters N SUP Restaurant or Private Club N P Quick Vehicle Servicing N SUP Vehicle Repair N SUP Auto and RV Sales N L(20) Laundry Facilities N P Indoor Recreation N P Major Event Entertainment N SUP Commercial Parkin Lots N L(28) Administrative or Research Facilities N P Broadcasting or Production Studio N P Industrial Land Use Categories Printing/Pub ishinN P Bakeries N P 5 Wholesale Sales N SUP/L(36) Wholesale Nurseries N SUP/L(36) Veterinary Clinics N P Institutional Land Use Categories Community Service N P Business/Trade School N P Kindergarten, Elementary School P N Colleges N P Hospital N P Elderly Housing N P Mortuaries N P Table Legend: P - Permitted N - Not permitted SUP - Specific Use Permit L(5) - Within this district the density of apartments will be calculated as one bedroom equating to 0.5 units. L(8) - Travelers' accommodations are permitted provided that: 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one ground or wall sign, constructed of a non-plastic material, non- interior illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All travelers' accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(20) - Permitted, but outdoor storage of autos prohibited. L(28) - Use allowed as part of a consolidated parking plan. L(36) - Permitted when combined with retail sales. DEPARTMENT AND The Development Review Committee has reviewed this application. AGENCY REVIEW: No issues pertinent to the requested zoning change were identified. 6 FINDINGS: The criteria for approval of Zoning Amendments, per 35.3.4.B.2 of the Denton Development Code require that: 1. The proposed rezoning conforms to the Future Land Use element of the Denton Plan. The requested zoning change conforms to the Downtown University Core Future Land Use designation of the Denton Plan by offering a mix of residential and service uses near residential uses in the downtown area. 2. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. The subject property is platted and developed with approximately 47,700 square feet of residential uses and 20,000 square feet of office and conference center uses. The construction of additional residential uses will not trigger the requirement for any additional public improvements. 7 EXHIBIT 2 LOCATION MAP MARGIE T U LU W COLLINS Y a w z G- a z s m O z w 7 ¢ GREENLEE J a m H z w U Subject Property s s LINDSEY LINDSEY c61 % 2 F OAKWOOD py %j °a o LL o U Ul Q w w z w m 8 EXHIBIT 3 AERIAL PHOTOGRAPH OF SITE s a, my, ~ -n U r & as G Area proposed to, < a be rezoned GREEN LEE r V~ Subject Property P ~s k, lam. ~ ~ ~~u~a . rn LINDSEY LINDSEY 61 , `tea 9 EXHIBIT 4 EXISTING ZONING MAP MARGIE ul COLLINS Y z Q a~ JJ m UNDERWOOD W W z z z o` DR-1 a GREENLEE 1 a NRMU DR-1 DC-G s~ Subject Property MICHI AIL y F~ A Y G N R-3 SFs~~ DR-2 LINDSE..Y LINDSEY 2 ~s OAKWOOD .,U O VJ d LU C7 ~ w G u }W W Z 7 L z WILLOWWOOD W m 25C Feet 10 EXHIBIT 5 PROPOSED ZONING MAP MARGIE U J W 3 COL UNS ❑ a s z a s UNDERWOOD W J a m z m Q T z. Q DR-1 GREENLEE J Q I ~ z DC-G NRMU W J~. ~s Subject Property MICHIAL 5F r, Y NR-3 Fs~ DR-2 o U Lid F LINDSEY Pd LINDSEY 2 i OAKWOOD ~ ❑ o W 0 ❑ W 0 U Q W w a ~ g z WILLOWWOOD LU 35C 1715 U 3 5 0 Feet 1 1 EXHIBIT 6 FUTURE LAND USE MAP Z MARGIE U J W 3 COLLINS n a x a UNDERWOOD W co 0 z m r z Downtown W University Q Core GREENLEE J a H z W v Subject Property MICHIAL S - ,s NSF: o LINDSEY LINDSEY Existing Land Use i., OAKWOOD, Community In V) w Mixed Use Center ry W J a w g z WILLOWWOOD W m 1 C) Ci Fe-t 12 EXHIBIT 7 EXCERPT FROM PLANNING AND ZONING COMMISSION MINUTES FROM MARCH 10, 2010. 3. PUBLIC HEARINGS: Hold a public hearing and consider making a recommendation to the Denton Citv Council on the following items: A. Rezoning of approximately, 2.749 acres from a Downtown Residential 1 (DR-1) zoning district to a Downtown Commercial General (DC-G) zoning district. The property is generally located at the southwest corner of Greenlee Street and Central Avenue. (Z09-0012, Cumberland Presbyterian Children's Home, Jane Gurney) Gurney presented this item. There were no responses in favor, neutral or opposition received by staff. Staff recommends approval. No questions of staff. The applicant's representative, Jerry Yensan, Landmark Surveyor's, was present. Yensan stated for the record this property was platted as a single lot in 1986 and in 2002 when the Citv rezoned the entire City, someone spotted some houses and zoned the area under consideration as DR-1, which created split zoning. Yensan stated the application is to bring the zoning in with the rest of the site as DC-G zoning. No questions of applicant. Drake stated he was reading through the report and application and wants to make sure the Commission is not mislead that split zoning is not allowed in the Citv. There was a case in recent months on the corner of Eagle Drive and Carroll Boulevard that the Commission approved split zoning for. Drake stated that just because the zoning is split does not mean it was a mistake, it is allowed. No person spoke in opposition or support of this item. Motion: Commissioner Jean Schaake motioned for approval. Second: Commissioner Patrice Lyke Vote: Reece: Aye Lyke: Aye Thomas: Aye Schaake: Aye Ryan: Aye Bentley: Aye Passed: 6-0 13 EXHIBIT 8 FILED PLAT - f Y~ F r 1 I L r` i r ur I~ 1 i I I IF n _ m i t , i I i I I i I r n i P 4l 4 Fr' i. ~ R I ~i 14 EXHIBIT 9 NOTIFICATION INFORMATION COLL-INS ❑ Q z Q ~ w co UNDERWOOD a co z m O „ z w 7 GREENLEE J Q F z w cy 2s i~ F N~ Subject Property ~s M(CNIAL v r• LINDSEY ^ a _ LINDSEY 200 Foot Notification Limit 500 Foot Notification Limit s~ OAKWOOD ro n ~ o w C n W U ~ Public Notification Date: Febmar)- 28, 2010 200' Legal Notices* sent via Certified Mail: 31 Number of responses to 200' Legal Notice: ■ In Opposition: 0 ■ In Favor: 0 ■ Neutral: 0 - A copy of the notification list is availahle at City Hall West, 221 N. Elm Street, Denton, TX 15 EXHIBIT 10 LETTER FROM APPLICANT 4238 1-35 North LANDMARK Denton,Texas 76207-3408 MMMMEMd (940) SURVEYORS, LLC 382-4016 Fax (940) 387-9784 landmorksv@aol.com City of Denton, Texas December 2, 2009 221N. Elm Street Denton, Texas 76201 Chair, Development Review Committee: Cumberland Presbyterian Children's Home (CPCH) sits on a 17.327 acre site located in the E. Puchalski Survey Abstract Number 996 and in the A. N. B. Tompkins Survey Abstract Number 1246 and is bounded on the north by Greenlee Street, on the east by Bernard Street and on the south by Interstate 35E. This property was platted in 1986 as a single lot, and has remained so, ever since, and is identified at the Appraisal District by a single tax ID number. However, when the City staff rezoned the entire City on 2002, someone saw three residences at the northwest corner of the site, and zoned them DR-1, essentially creating three tracts of land which do not exist in reality, and creating split zoning on a single tract. The rest of the site was zoned DC-G. Of course, this was an error, because Denton does not allow split zoning on a site, and since CPCH was not developing anything at the time, they had no reason to notice the discrepancy in zoning. Whether or not citizens responded to public notification at that time, the rezoning took place, and most did not respond simply because they did not realize what affect the rezoning might have, nor did they even understand the new designations. This request is to correct the mistake made by the City and make the zoning of the entire property DC-G, which is consistent with the existing use, and which is consistent ith thNE g of 85% of the property. Si rJerald Presidurveyors LLC 4238 1-35 N. Denton, Texas 76207 (940) 382-4016 16 r10 PRES,6 rF U 9ti Providing Healing and Hope to Children and Families CHILDREN'S HOME CPCH Borrd ofTivstees Mr. Richard A. Brown, Pres. AnGgjvn, Texar Rev. Nod- Scruddnr, Vicc Pres. November 25, 2009 Park 11,14 Okla. Mrs. Patricia Huff, Secretary Sag-,, Texar Mr. Richard Dean Cadsden, Ala City of Denton, Texas Mrs KayGoodmari 221 N. Elm Street Sage, rrxa, Denton, Texas 76201 Mrs. Mamie Hau rrenRn, TGm Re: Rezoning process Cumberland Presbyterian Children's Home Rev. De Yoong Kim cermonro", Tenn. Development Review Committee Chair: Mr. Jams King Demon, J- This is to request a waiver of fees for the rezoning of a portion of Cumberland Rev. Melissa Knight Presbyterian Children's Home property. Lir Oak, GJf. Mcs. Ruby Utson It is my understanding that an error in 2002 resulted in a portion of our platted lot Flmna,A/a. to be rezoned by mistake. Unknown to us, this unfortunate error resulting in split Rev. Alfonso Marquez zoning. We are willing to go through the process of rezoning in order to correct LnarrGry,Tema this mistake; however, we feel that it is only fair that we not be burdened with Mr. Mickey sheu review fees and public notification fees, under these circumstances. Pine Dluf, Ark. Rev. Don Tabor Thank you for your consideration of this matter. B".1-od, Tim Mr. Darrell Thompson Sincerely, / Ada, OkA~ Ms. Joy oy Wallace Da(Lu, Texar Rev. Kevin R. Henson Executive Director 1304 Bernard Street, Post Office Drawer G, Denton, Texas 76202-1657 Administrative Office 940-382-5112. Fax 940-387-0821 . Metro 940-320-2113 epch@cpch.org www.cpch.org 17 EXHIBIT II SITE PHOTOGRAPHS 9 y L~1 . - metal / n Yk31-0 t E, `yMr ~ r + s>y 1 Area of property to be rezoned at the southeast corner of Greenlee Street and Central Avenue. 11. A, Village of Family Care dwelling unit within the area to be rezoned at the southeast corner of Greenlee Street and Central Avenue. 18 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE ON THAT PORTION OF A PLATTED 17.327 ACRE LOT CURRENTLY ZONED UNDER THE DOWNTOWN RESIDENTIAL 1(DR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, TO THE DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION DEFINED FOR THE REMAINDER OF THE LOT, SAID LOT BEING GENERALLY LOCATED AT THE SOUTHEAST CORNER OF GREENLEE STREET AND CENTRAL AVENUE, AND LEGALLY DESCRIBED AS LOT 1, BLOCK A OF THE CUMBERLAND PRESBYTERIAN CHILDREN'S HOME ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FORA PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z09-0012) WHEREAS, Landmark Surveyors, LLC, has applied for a change in zoning for that portion of a platted 17.327 acre lot currently zoned under the Downtown Residential I (DR-1) zoning: district classification and use designation, to the Downtown Commercial General (DC-G) zoning district classification and use designation, within the Cumberland Presbyterian Children's Home Addition, as depicted in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, said portion being referred to as the "Property"); and WHEREAS, on March 10, 2008, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. The zoning district classification and use designation for the Property is hereby changed from Downtown Residential l (DR-1) zoning district classification and use designation to Downtown Commercial General (DC-G) zoning district classification and use designation. The Property being rezoned extends to the centerline of all adjacent street rights-of-way. SECTION 3. The City's official land use map is amended to show the change in the land use designation. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. PAGE 1 ti SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Benton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BYr PAGE 2 EXHIBIT A MARGiE J c r I F ' U w - _ -GOL-DINS- - ILI i - - _ - - uLL _ j a I - - - ~II r.T I I GREENLEE v, j ` Portion of Z Property to w be rezoned Lot 1, Block A, Cumberland Presbyterian Children's Home Additio S , 1.._ LINDSEY LINDSEY S - - rT_.vF,pOv~A ~v . I ~ I J - I L. yl I - IT i...oAKwooD 1 QW 1 } / ua Q / __w E W 03. PAGE 3 This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - Z09-0014 (Bolivar Project) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential (DR-1) zoning district classification and use designation to a Downtown Commercial Neighborhood (DC-N) zoning district classification and use designation on 0.59 acres of land located at the southwest intersection of Bolivar Street and Congress Street, in the City of Denton, Denton County, Texas. (Z09-0014) The Planning and Zoning Commission recommends approval of this request (6-0). BACKGROUND The site is located within the Downtown University Core future land use category and is developed with a church/daycare and single-family dwelling. The request will allow the subject site to be used for professional offices and services. Public notification information is provided in Exhibit 7. As of this writing, staff has received three responses regarding the proposed rezoning; one in favor, one neutral and one in opposition. PRIOR ACTION/REVIEW 1. March 1969, the subject property was replatted into Lot 2; Block 1 of Barbs Addition combining First Church of Nazarene and single-family home into one 0.59 acre lot. 2. In 1982 the subject property was rezoned from a Two-Family "2-17" zoning district to a Planned Development (PD-43) district with Z-1545 (Ord. No. 82-97). PD-43 limited development to only a funeral home in conformance with the approved site plan and parking areas show on the site plan. At the time PD-43 was approved, a church and a single-family dwelling were on the property. The single-family dwelling was shown to be removed and to be replaced with parking on the approved site plan. 3. In 1983 the subject property's PD-43 district was removed with approval of S-169 (Ord. No. 83-68) and an SUP was approved for a day care center subject to conditions. The day care center was to conform to the approved PD site plan. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) The Development Review Committee recommends approval of this rezoning request. EXHIBITS 1. Staff Analysis 2. Location Map 3. Floodplain Map 4. Existing Zoning Map 5. Proposed Zoning Map 6. Future Land Use Map 7. Notification Information 8. Letter From Applicant 9. Site Photographs 10. March 10, 2010 P&Z Meeting Minutes 11. Ordinance Prepared by: Erica Marohnic, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP, CPM Director of Planning and Development 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFFAAAL) SLS CASE NO.:Z09-0014 DATE TO BE CONSIDERED: April 6, 2010 LOCATION: The property is located at the southwest corner of Bolivar Street and Congress Street, more commonly known as Lot 2, Block 1 of the Barb Addition, Denton, Texas. APPLICANT: Spring Brook Planning Group Larry Reichhart 2405 Mustang Drive Grapevine, TX 76051 OWNER: Wesley David 1712 Lynhurst Lane Denton, TX 76205 REQUEST: The applicant is requesting to rezone approximately 0.59 acres from Downtown Residential 1 (DR-1) to a Downtown Commercial Neighborhood (DC-N) zoning district. RECOMMENDATION: The Development Review Committee recommends approval of this rezoning request. COMPREHENSIVE The subject site has a Downtown University Core future land use PLAN DESIGNATION: designation. SITE AND The property is currently developed with a church/daycare and SURROUNDINGS: single-family home. North: Downtown Residential 1 (DR-1), Single-family homes and accessory dwelling units. South: Downtown Commercial Neighborhood (DC-N), Retail establishments to the south. East: Downtown Commercial General (DC-G), Duplexes and retail establishments to the east across Bolivar Street including The Cupboard, Essentials Day Spa and Penny Press. West: Downtown Residential 1 (DR-1), Single-family homes and accessory dwelling units. BACKGROUND The applicant is requesting to rezone the subject site from a INFORMATION: Downtown Residential 1 (DR-1) to a Downtown Commercial Neighborhood (DC-N) zoning district to allow for a professional office and services development on the site. 3 The FEMA Firm Panels show developed floodplain on the subject property. The entire 0.59 acres is located within the limits of the floodplain. Location in the developed floodplain poses issues for redevelopment and compliance with FEMA standards. If improvements to the structure(s) are 50% or more of their appraised value, then the structures must be elevated to City standards (raise the base flood elevation) or make improvements for flood-proofing. Additions cannot be constructed to the footprint of the existing structures. Dumpsters and enclosures should technically be above-ground manmade structures. Finally, all structures such as dumpsters and enclosures are required to be anchored to prevent floatation or lateral movement when placed in the floodplain. ANALYSIS: Comprehensive Plan The subject site has a Downtown University Core future land use Analysis: designation. The Downtown University Core District is listed as a Special District within the Land Use Element of the Denton Plan. Specifically, the Denton Plan mentions, "Further study should investigate zoning, parking, special mixed-uses, density, and the creation of tax increment financing or other special improvement district. Small area plans should be used to delineate special needs areas within the district." The Denton Plan states the Downtown University Core district will have, "Specified commercial areas should be places of great vitality, with a mix of educational, residential, retail, office, service, government, cultural and entertainment development. The health and vitality of the area can contribute in a major way to the city, its local and regional image and quality of life. It is a place where residents can live, work, learn and play in the same neighborhood. It includes different uses which may occur on each floor of the building." Staff finds that the existing and proposed zoning districts are consistent with the Goals, Objectives and Strategies of the Denton Plan. 4 Development The purposed of the Downtown University Core District is to Code/Zoning Analysis encourage mixed use developments within specified commercial areas of the district. This district is intended to be pedestrian friendly. This land use category has four (4) zoning districts within its land use category. These include Downtown Residential 1 (DR-1), Downtown Residential 2 (DR-2), Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G). The following tables indentify the uses permitted in the DR-1 and the DC-N zoning districts. Those uses highlighted in yellow show differences between the two districts: Categories DR DC-M :Iri: LIII_Ir P P Li L17) LM t'_1r7. 1.1 7.•1= x.:_11_>_1:L1 .i 1J:_~.`I_ ..1:•.'.- =~Cl G.T 1 r~ :_i_ _il.~ Fxi-Iji,, C''r I'illrls P N i;iC.~4:tic=L,;=..~'lir,rl IIrIi's F tJ C I_I I_ I _ P P' cI Llii P _I Fl=r the _I P P rAL;Iti-Far-Ii'' I'mcic rJ L I - _t=ii= t_L=• rL_`~.:_: r-i~ ~=1~1==•_r- 'n_-LiL'1~1 t- "r-_i .1I-Iti_.I_I 1'-1_I_1 ill j -:t- I:r t_ = 11 N -r. 'flit ',.J= .'t viii -f1-I = iif i 5 DR-1 DC-N F'- e - - P P SAY :f Fr_'aiI !am `:its N N Ktel: NJ k1'_tel N `J 7--'td olid BIe.:iM i.s (c.i F Rer_111 Sales and se..~rik:_e N L(17) [1.-__ ,lc _ :iira -rf U- pt y - °L Onr= 1 _ ! I r-' 'I r= fl _ Hest_1~.Iiiliii_s PIJ'_1teCIGXCS N LI11i 11 - llmv d in d n--r. C_L -.w no We 1..; ,em-e o_11_-c 2.:12.1 -'-w _I' i, tr,r -Ili F-_i,_ili;. k F'fC' psy i nal services am! Wigs N L O& r F J r N N, Ld Ll P1I 'd :f 01.11 iti s N F F q ij:~ F_- : lit = f`1 1 N N I PP _F,7 N N ra j` r 91i? -nttl :_i l' iYnt rl `I =orrrrHuM Pr1i*m l _as N LIP) n:lniiliisU ItI R sexch *v_i`it N i_ii4' 1- 11 1=rCl. T _LJ 1 Zr 1. l 1 11-I 'a :Lr [ wDy" scat 5a-, Broadc._1€ n of Pruc u"--ti_l-I wb.urlic> N F, a_ .,:f11: =:ri lit .iBI_I_,I-lY-= fl J i"=1i-:rrli_ - ,I':.i=T:i'e Lie F= Fop t_J N PO ,J I ItiC _IS FS rri: _c MY'd La = Li AI = 'hfi ud In =:_ticll _ = 6 i i Bakp:'-s N Lif- h 1.!1.:.1 - L. 1.:1 LLS I_rifl I_ F= J N L=f, IN N F l _ c N N J IN IN N N IN 1 .,I flilr_ N IN IN IN dLrFrirl<,ry i.: I::rl [ti N L(ti:J -.-r - Lt 1-1 -1 .'_11 1 li_ill it l Ti - ,.h ,:.u''1,1 ' ._._r i 1._ _ 1 ~ _s•i:= t _ - I_ l ~.-~_ial i - = LI'illi --I --I Dfil-Ip'=1 iri ri 7 1=ITI1.1 rl it-v Sel ice N F' Ii. I-~_ F IF Business Fade _+1=:11:=ol IN _IcQ L 21 Li:11 - i_I'_ :I`r = t = t ci =1 C,iFe F Werc_,F-- . EIy i:errt,=,F;.&;-W - F M Me MUM IN P Fi,:- =_-c=1 fl J 4=:0,11 ge N SUP How;- ul IN P lclE~ rly HO11:~in_J N L(I 13- - v1 no li_1w d ro on =0 -_i:r_1 - -.'_OG - _ vy Wr of Medical i_:E~Iirels N F' =~r-r-~.erie_ I1 ,J F= F nr:-te_; Wo eFr led .='._I WAR FaNni Rnow el L = Li iitel d~f~!_I 8 35.5.2.3 General Regulations. r. :l le n on of Lae it Di:Dkr ne an _oun--- Mlll ll'GJ. n co ar a i scl l.l,are fejetl 1.L i=, l', 2,5(1(1 '0111irn1.11~-1 11`'A,KIth 51.1 feet 20 feet N', r,;r1l.Irr1 Iot'Jeplh C-I-) f'ee 510 feet lvliniirll.~rn fr'_'rit , ald etl:a._.k 10 feet N rle Nlirlilrltarl sk e varcl i feet Nc,rl'e f4".Illl'fll.lrll 4id yard adjacent t a street 10 feet None M11-1Irrll_I+YI rear ' i±rd 1 , fee* N,:: rle 10 feed 15 feet pHs 1 PILbs 1 NO; for fool for NUlnisUM yard r,lmuing a S,innik, fxi-ii1 each ea r 1-1 f_Ct of furir of cistrin't 1=11.11!dng I]LI WIn'__1 height height feel feet f inisnl.lnl I'e:"denu al tai, size 710 SF 0 SF Max ;mny FAR 0.50 1 F. lc it f: r Max r" 1-Inrl 10t f: iiy'ef~:atl l fs^i area A 2':1'_ `OoXII?I_Inl LIUil dilIg hei,11-11 41D feet Sh fee' Q Q . _i' The following are limitations referenced in the use chart for the NR-4 and NRMU districts: L(5) = Within this distiict the density- of apartments will be calculated as one bedroom equating to .5 units. L(7) = Limited to two (2) awls on parcels one (1) to three (3) acres iu size. Additional awls may be added at a rate of one per each acre over three. 9 L(8) = Travelers' accommodations, are permitted, provided that 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUPL(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(26) = Uses are limited to no more than 2,500 square feet of gross floor area per lot L(27) _ Must comply- with the provisions of Subchapter 89, Gas Well Drilling and Production. L(28) = Use allowed as part of consolidated parking plan. L (33) = Additional height may be allowed with an SUP and a v iewshed study, which illustrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. L (38) _ Must meet the requirements of Section 35.12.9. In addition to higher maximum density, floor area ratio and less restrictive setbacks, the DC-N district allows a greater variety of commercial uses than the DR-1 district. Additional uses that will be permitted either by right or via a Specific Use Permit (SUP) approval include: attached single-family dwellings, dwellings above business, multifamily dwelling units, bed and breakfasts, retail sales and 10 services, professional services and offices, laundry facilities, commercial parking lots, administrative research facilities, bakeries, veterinary clinics, broadcast studies, community services, business/trade schools, middle schools, colleges, hospitals, medical centers and mortuaries. Uses that are permitted within the DR-1 district but would not be permitted within the DC-N district include single-family detached dwelling units and accessory dwelling units. An analysis using GIS to determine the availability of land zoned DC-N within the Denton City Limits resulted in 36.656 acres of land zoned DC-N. The addition of the 0.59 acre site would result in 37.246 acres of DC-N zoning. DEPARTMENT AND The Development Review Committee has reviewed this rezoning AGENCY REVIEW: request and provided comments and general information. All comments have been addressed. FINDINGS: Pursuant to Section 353.4.B of the DDC, a zoning amendment shall be approved only when the following standards are met: The proposed rezoning con fornis to the Future Laud Use element q f the Denton Plan. The proposed DC-N zoning district is consistent with the Future Land Use designation of Downtown University Core as defined in the Denton Plan. Other uses located along Bolivar and Congress Streets include non-residential uses. Given the location of the site and the types of uses located along immediately adjacent, the proposed rezone would be appropriate for this site. The proposed rezoning .facilitates the adequate provision Q f transportation, water, sewer, schools, parks and other public requirements and public convenience. The provision of adequate public facilities for this proposal was reviewed by the Development Review Committee during the review period. DRC Engineering has determined that adequate public facilities exist to serve this development. II EXHIBIT 2 LOCATION MAP ~ 4?~~ttLi h-•.._. !71'!T ~ I I W!`. ~ dL~ ~ ..Ji,~} r+.~r,(~' ! ~ ~ eta ~ ~ ~ ~ , r f a - - i 1 Y l i j . p Legend Bolivar Project 12 EXHIBIT 3 FLOODPLAIN MAP 500-Year Floodplain 1 I I II 'r- ' I SITE 100-Year Floodplain ii Floodway Bolivar Project 13 EXHIBIT 4 EXISTING ZONING MAP IRMU-11 NR-3 - _I DR-1 - SITE 1 I DC-G DC 11 I II I Bolivar Project Legend 14 EXHIBIT 5 PROPOSED ZONING MAP NR-3 Q CONGRFSSDR-1 SITE DC-G DC-N eclend C3- Bolivar Project ~t '90 4 E:7- .13 reet 3y~a-.. r^ra~.seG Zarnug - 15 EXHIBIT 6 FUTURE LAND USE MAP I II I ~ I I II I I I ~ I I I I -,I SITE I! I I I ~ I OW rrtt wilunivelsity 0~'C, II Ili - I I I I I ll l _ - I l I I Bolivar Project 16 EXHIBIT 7 NOTIFICATION INFORMATION Pay ~aran~~ w..-- n- _ s ( LLJ j I~mm~nnnn 500 Ft' Y I ~I ----I--- 200 Ft i PAUL~NE c j a - 1 f u SITE i - - Pry R K WA E ~c - . f PEARL ~ - fa''E:~ H<dN P E r t Public Notification Date: 2/26/10 200' Legal Notices* sent via Certified Mail: 20 r Project 500' Courtesy Notices sent via Regular Mail: 64 0 Fe"t Number of responses to 200' Legal Notice In Opposition: 1 In Favor: 1 Neutral: 1 17 NOTICE Lill- HEAR±W Z09-0014 The Ptari ng and Zcx mg Ggrnm~ mrw of the City of DerdDn wM hold a public hea" an Wednesday, March 10. 2010, and consider mW ing a to the City Counca7 regrdkV ar ryng f nm a D wrrthmn ReskkmAW I (DR-1) to a Dawrtawo Coffdrercia1 twe~rod (DC-N) zonkV and use dis-tria The pmwty is eppmximak4y 0_6a acm and is lpr,a*d at tthe w oDnwr of Mivar Street and COngreW Street, more oomnrnoniy known as Lot 2, Mock I of aria Barb Addition, Denton, Texas. The public fearing wll start at 6:313 p-m- in the City Cn wcd Chambers of City lien k xabcd at 215 l?. Md jnrey Strom, Dew, Texas: Reuse you omm prppWy wWm two hundred (200) tbw of tno sublart prop$rty, the Pb o ing artd 2onmg Conrnarswon wauid itiae to tmw how you fee! a6mo this regwst and Arvites you to attend tw prbe h"rmgL Mase, in order for Vow opinion to be taken into amt, return ttus form with ymx oumarents prior tQ the date of the public twm"- {Tihm in no way proh&ft you fmm att8ndvV acrd pwhcoomg in " pubic hearing-) You may fax it to the number Vx;* zd arft er malt r~ to the address bellow or drop it of -0- ~ _ - -pWsiart PfarurirV and De"k rrm"d Alta: Erica Mmohniv, Prolect MWmMW 221 M. Elm ST twtaon, Tex" 76201 YJM" fm a to r mft the pwrmn4age of %UWkmMm IhM support' and *"me Ow foquellL Mw Shirt is infumvd of lire peme% of rm4xwma in support and in opposdim- In fa" of reilLwmi >trA to request Opposed to request Remem tk r Milk!: SigrtaiEwJre: - Pr**od tVame- r~ Mailing Address:. _ ~i3 i ydc1S City, SYste Zip: zdjQlw 4a Te knAvna f+ umber ye PhyPmvg Address of Progarty within 240 tilt ✓ Cl]Y QIF DdEMT(XK IE M S L.rry"mr vwsT . [3r~r~cirr, rs2o~ - an.a+ra eb., sore afa.trsn ZOO PP4zfftftr 18 P- W aN V Lrr - ~~314C HEAFOCINZ The Planning and Zoning Corsrnissicn Of the City Uf Ueninn will bald a Public hesrirq are N1ea~esday, March 10, 2010, and consider making a rocnrn ~ to tt* Cily C'D"ncil regarding a rezr"ng horn a Duwntown Residential I (DR-1) to a Downkwo cor~rgal dis hleigf orlrood (DC-N} zae and use iriCt. The prgperty is apprrsxurRateFy 0.59 acres and is kxated at the soufhweest career of Bolivar Stmt and Congress Street, mw comrrednpy W)Own as tot 2, Black 9 of the $ Texas. arty Addition, bonton, The public hearing will start w fi'm P'-M. iil the City CX44- 7 Chamt tit City Hall located at 215 E. McKinney Strut t3ertlrxe, Texas. Seraus you C" r PrOPaOY -!thin two hundred {200} feet r)f the str6fect P OPeftY, the PStanning and miring CE7ri nW&-rr~rt request and invites woiad fke to hear h©w y,, feel abo t thi's you to attend the pr"c he&iV- Pease, In Order for your opinion to bo taken into account, return this form with your wmnrents pior to the date of the uhlic hearf prohibits y from attending arrd T tcipafin Ke n9• (This in no ay Tr located at ou t~oitrirtt of male it to the ar]dr , t Pcrw or °P it off ~ y fax it to the number 1aso Planning and OevWopment E3ejmrtrnent Attn: "Erica Marohnic, Project Manager 221 N. Elm ST Dertan, Texas mvi these forms are used to calculate fhe pier request The Caritrr7issiCm is Eandc ers t suPPoft and ap~pcs$ the Ott of the percent of rest:ronses in support and in ap"Mun. Please prole aim In favor of request IttetJtr Please to request i7PPOSed to request Fi~eascexts for Olsrsosita • . on: Signature- i Pckded Iarne: L n~ i t7 Mailing Address: -WOq City, State -7ip: TelePhone Number O j ~ Physical Address of Prc>pertyWithin 200 feet dc~- ~ ~ fll4>~ Cl7']hr (w bMrom, 'SAGAS' cITY HALF wFST - DEWON, 'AS m0' W,3 1 49--(107 209, PAZ 19 low NOTICE OF PUBLIC. HE'ARI'NG Z09-0014 The Planning and `t.ri ng Gorrimisslort o> the Csity ejf Deiflon will hold a public h~arig on V-/ed~ne-.day, hlarch 10, 20107. and c~r~~ider n",akiri; a reor_,mrncndation tc, the Cify Coin_il regarc;ng 8 reioninq warn a devriltivin Realc.'ential 1 (DR-1j tc a Dcwntcvrn CornrnQrr ial Noichboi-F od (D(-Nl zr)ninn_ iitd use di:;trlr Tf e prnperry is apprcximately G acres ,ind is [ocated of f*i-? southwest cDrnei cf Bcrlivar Street snd Conjress Street, morn commonly krrawr as Ect 2, Hiock 1 of the Harm /tlditior Denton, I exas, The public 'hearing vJill sta,1 at p_m. In the City Council Chambers of City Hall locsted at'1~ E. VcKirne,y Street, Dentn,n. Texas. E'5,~_ t;su tvou usvrt property within %to hundred i feet o; t1;e sob V'_1 pnahrrl~. P/ar),'iirrU 'mrj Zcning t';omr,7issioli Y"0u1d like to hear how you fe;--l E,i}6LJt this regm-) -arid ir,L(fes Y'L-w to affeld the pr~tstiC hc~Eiwiq. Please_ in orderfi)r your opinion tG be taken into aeccunt, return this fern +,vith y(rt)r commerts prior to lri2 date of the {,ablic hearing. (This ;n re way Prohibits 'm/ frorn attending and pa11ctPa1P?_q rn ii`79 puhlir. hearing_ YOU may fax it to the number Iccated at the uDttoni Gr'7iail It tJ the addres F}cicj w ur drop it rTt in-p?r.;nn: Planning and Development Department Attn: Erica Marohnic, Project Manager 221 N. Flm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The CommLsion is infnmied of thr percent cP responses in _uDpjr1 grid in oppcsitina. Please circle one. In favor of reyr;est Neutral to request C pf. regregtle Reasons for Opposition-, i• c, ~.Ci_ ;fir v~ r-~, i~~ ' f _ ,•,i, r:.~ ; ; t%~~1~.. IIt i 1 Siqnalurt- Printed Name ZL f,'_ C`. ~ 4 ;N x Maiiing AddreLss Cit Seim, Zip 'e TI TelephOrM 'Aul;-,Leer- fi < p•'7 li Adc.-r'. s of Froperty within 2+010 feet ' r; •y C'~,x 3~ ` =t CITYOFDENTON, TEXAS CITYHAIL E T • DCNTOPJ,TFXAS 76201 •1r 3d .aF r . (F ~+~:D.3as.7707 20 EXHIBIT 8 LETTER FROM APPLICANT Dr -r 11=-r 4 z-11-IN f.h f on F~nnnn'T i1 AKP D i+ --r >t F -nniril an En +I ,pinent tV AD no-, ri ' IN Elrr D-ntt_~n Ti. -il D-sir I In t-urniriori'- m P L n `,m yorr?r' 3t -~Tn n ku + i t _rc it tl - Ti"',t :nrl L1C11.ai and 1 -irio1o ~7-,,nIf1-lril, th-H 1'V J Linni-n. Ir E IIfr=11 R H t-F' A J07 D1 ,if I li t-in-nino-vio-vin Q,1r KKA K- sThl IIp wnt Fm5ply- is. n1 d-ni a pMroh1 -inl th1- nv pa h r-',_w1 Ei nb-nt 1- to I'n ,I III- "i-tit; 1 _.-:_,hi1 !T -tin o i- t->r t = r-P n1 --in rn- t: 1 -nt - l th1 mwm M 11,E hr-m- Tq { 1->pol ounonrli i G,Amt ari Pp 1 anti a 1 DR- I J 1T? 1 -b not t 1- ~1- tl-? 1 -rt; t r,,"'nr "n 1-~licin +i v- `Jnnh ! 1h1 D-:-N) t~) aII is MAP _v-- an J i -.1 -n a u -p and t I - ->r 1 nt mt 1 :->rm 1r J-p w "E=h111,it. y_ Pn-1 EC:T PJ,RRITIE. TI-{1-q-it, 1 tl-T-la- .L:C B& I 1 l Pub. om 7-v awtannon'gw wP;-n, th1- TI ? n _-;t:-nm b_ira avJ an "pm 2 Bohm m~' 1 tprnom avh 657 TI at tn1_rvn_iH I a Hni ;iI1 ! _r " 1-a1- an I inch Th= :-1t l n ti i r1-n= '1 - tl it 1-11-1 -D i -:in c-,l a~nil'v ti1i b_-ne i' ,t, -l -i h.- ~,,'e tern p:-it - -n Th - it, TI - -pit.- -1 I ,T'- 1 - 17 p _,n tI , it t Darin n 1lin!-pin-j l ;h,e n1'ira p1 1 lbt i eti 11 111=-rte 1 111 yH V Hr-tl->IV: T 1f n5e1 .1 5k "A L12 En AlsBaL;AJ-1wn Jo k DWI i1 ql- B w" -or ievial n- Di--PJit--Fii-nil', E --t Di- -C ,r1 i1-n_i;il --t DWI In jA-Fnnil,+ 240_ P,Aistafng Dri.e ' Grape Ine Texas 1051 4190' 05SO "-`'4?_329g45 Fm) 21 TA I-tII 1 -ate 5 s T,v- ;tll_I-tl_II -I IIr rrl * s:ie er,i- 1 r,,_ I ibb v is lir ;--a 1- 1 alc:=,_ Eaw,_iI The I I er?; ela?1; ly -1:at it-1 Ir _ratr-red tees t1>th I Ica-elt, i-=rcl1 r al E li o~rI-11t1 r:-- C1~~ t_ _1-1 .I I ~tl -11 IDrT:11: . -T - w rl I- -n ch Yu l v ill k r-rr adked - No expansion is Tr==1`-i•r I nl= =i ca • Ea •e-1 N Ir tltum nt TI,-111, Itoi-1n EIls, app T11 ;aw maNn Eati II EA111 1r 4T1Tt f- _~rl _i C> III ~1 _ Ws Me a I Irl O, ly traf : Wom -.rr ilz W1nMteN - min T P AN P Ti-, tI aT1T t 1'11 oe the I-~T E: n A Ie onib an 11;, w4amb ho no - v ne VA Mw _tt1_e DJ Ono an r a plums t -I'-- t11 _i; Y nln-. IInp rt ACA t I_:e I - bp --uo t;alltn er Mn M lyre' I ,-1 law- IF :I[ I, It-d t'-I=II t he 1-11i"~ i_~'_ lI ' f iTII wi-' bj'.'111 I-Hf I -~Iiw- I t1iH r S'if_111 ii iHi It Ws DD1- - Dti-'it l ElCifl r',II`-t',r~~r> Th1 ~1•_,I nYnT I11 t_, -I ,1 Ae l Yrn of 1h o as > > an i I - i_ ; f-s T& in tiro Dv Ann E`1-_ n II U G n~-r. Growth Management Policies (Page 21): Sync °_:he"I - J'pd - v 111' J IIIvIId= tJ '1d' IIp eXilynn h :rlljw d t P ; w pn J=inKI uses E I IIr_I sP III : used to ~_ienb t equIl 1 tI _~.e ~_landan_i Tat all o orc vo ir1 WfilinI ii~Ari t _T- v or t w An A-", rnit1 a! FUN-1 tia I1 nr C ~_t- 1Ia rr~'~ ~ 1 rI ;-I A the I_I A Dm1I1,1 w 1 p ornn 1 Wol hl _I d be nd1 r Wd W t _.Orr Inl Illy „tl Ili' =1_Id-1 r✓.=-~tl.I `v- Page 23: Eased upVg1 I ~::_iitl ,11=_11 r 1 .II'.i;_1 i welTpl lent _;IA M e D II -i 1-m in; the atv V~ill aF' I-sr I I ar-1 A W 1 rp- I JI_i tI 1.1 _ - , 1 -n1 ~~~rrrr I a d opgrent an:l 2 71=0 i of n OMP 1 d -.e , rrrort TI-e Ian eI1+_ III ;e_ igh de. QUex Iest I Ibor -II i Iede,eInvent rr't wi lie ex 1 tiw1 ?age cif 22 Pr,.,dnt „',,n I la t-r Flan ulra';~-,i Tfi i-i thin t-Il- r>r i 1~ 'FJ-! - "TI~i ~n~<< I - I i if-It t ai-r- It i i ; It ,ttl ;r I l - Iiti:II -;r If I s. It i attl ti- t>I --.Ir_ I fti- r .Itit rri_:1-~ nt-Ir inir I->t [i P -I- ti at -iti ~I= I -It "I[ iti-lP fit IfI- ~Iit 11 i I II -illtip l - tirI til_i,,_ti_ilee. 1-1 fl i - I_C=il then ] i'J I- 11: Jr +l 'Urh, '.II t I I-4 thl? i t "ip1Nlfi, it i IItT P rr-~ i I t I fit II-irllI, I od tII ~I iItItI- II tFe CI F1,1 -f1~-! th= D th, it, 1.",II t-r-r r I i_ ~p p'et -pli~ ,i_,n aIi t 'h I I 1 -II mitt--i Response: A complete application fee was submitted. - I li ,it rl iil I pI-i1 i .~.~h-rI th- f:-, 11 ,"111 1 r n-l~1i ;jr- et Tip- -111-I1n , ti- ti- Fi.tuil- Lard I i - -1e Il-nt -ITI-,e Denton FI- I-, Response: The proposed DC-N is consistent with the existing land use designation (Downtown University Core District). lb~ Ti I- Fir i Iit I t' i It I ._I 't in 4ufwirll-lapr-r o-D gind ~'ifoll ttI wp~ - t,:- J Int-nt ifT'-ie D-lit.-n Fl-lli Response: WA for zoning amendment. G_ ThT p- 1- -11111 1 ?I"!fl 1-' 11 F:I-.I, It it t!I -j -j t71 ;t tr'III`:I_ It_It,~--;r Response: Adequate provisions for public utilities and conveniences exist (see analysis above and PAC09-0023 engineering comments). Additionally. or analysis indicated that traffic impact will be fuss than the previous day care use. See Exhibit for Autt-ri=I 'r 23 In nr-`i+ 1-11-- tll-~t ihi rirl I ni-Ht' rl ll ~-f 'h-- D-- nt,ri F`C-r ,-~rl_i th - C~-r; 11 ~-,ter ~I-~Ii ~~r n1t N t- tl- I i 1-It nIIr III i Iiti--11-111 ~I_II :I:rI+-;rI Th l Sri-1,-i-1 .,1p' 1 ~iI t[I1_ I[1,-, r -,rd t c,Il :ti-;l l-, t. t it t' I I t t I I- i E;r ~I; 'F'lat~rlll I- L 11 ,ttnrreht_ E hil-tt 1 E'<nil it ER- 1 E n -rll- _,i 1- r E~nil-it Tri;_-~ ereratl r1 `'I II i E,;nih -it T Lttttr -:f ,-,I h-?rI- F-icr= 4 24 EXHIBIT 9 SITE PHOTOGRAPHS a ~ 1 1 _ n.,. Facing southwest towards the site from intersection of Bolivar and Congress Streets ac" i ty ` , lV y 1 ,MJ•Facing south towards the site from Congress Street 25 r r ~ i w n. r~ r AM ` >t r f r y}~ V M', son 0 A T ~ r 26 Planning and Zoning Commission Minutes March 10, 2010 EXHIBIT 10 Page 3 of 4 property is generally located at the southwest corner of Greenlee Street and Central Avenue. (Z09-0012, Cumberland Presbyterian Children's Home, Jane Gurney) Gurney presented this item. There were no responses in favor, neutral or opposition received by staff. Staff recommends approval. No questions of staff. The applicant's representative, Jerry Yensan, Landmark Surveyor's, was present. Yensan stated for the record this property was platted as a single lot in 1986 and in 2002 when the City rezoned the entire City, someone spotted some houses and zoned the area under consideration as DR-1, which created split zoning. Yensan stated the application is to bring the zoning in with the rest of the site as DC-G zoning. No questions of applicant. Drake stated he was reading through the report and application and wants to make sure the Commission is not mislead that split zoning is not allowed in the City. There was a case in recent months on the corner of Eagle Drive and Carroll Boulevard that the Commission approved split zoning for. Drake stated that just because the zoning is split does not mean it was a mistake, it is allowed. No person spoke in opposition or support of this item. Motion: Commissioner Jean Schaake motioned for approval. Second: Commissioner Patrice Lyke Vote: Reece: Aye Lyke: Aye Thomas: Aye Schaake: Aye Ryan: Aye Bentley: Aye Passed: 6-0 B. Rezoning of approximately 0.59 acres from a Downtown Residential 1 (DR-1) zoning district to a Downtown Commercial Neighborhood (DC-N) zoning district. The property is generally located at the southwest corner of Bolivar Street and Congress Street. (Z09-0014, Bolivar Project, Erica Marohnic) Marohnic presented this item. There was one response in favor, one response neutral and one response in opposition to this request. It was determined that the information provided in the backup for responses was incorrect by GIS analysis. One of the original responses in favor is not within 200 ft of the subject site. An additional response in opposition was received after the backup was distributed. The Development Review Committee (DRC) recommends approval of this application. Bentley stated in the applicant's letter to the City the applicant intends to rent out the house on the property, which would be a single family use, which is not allowed in the new zoning class. Bentley questioned Marohnic how the City would reconcile that. Marohnic stated that similar cases have been presented to the Commission in the past. The single family use would become non-conforming, but would be allowed until redevelopment occurs, at which time any redevelopment of the property would have to be within the guidelines of the zoning district. Thomas questioned if the single family residence would be grandfathered. Marohnic stated it Planning and Zoning Commission Minutes March 10, 2010 Page 4 of 4 would. The applicant's representative, Larry Reichhart, Springbrook Planning Group, was present. Reichhart stated the applicant is not planning any redevelopment of the property because of the floodplain. The applicant is planning repairs such as roof repair, painting and remodeling to the existing stricture that is a former sanctuary. The property is a single property and there is not an existing zoning district in this category that would allow office use and single family. Lyke stated on the floodplain issue that if improvements are more than 50% of the value of the stricture then the entire stricture must comply with floodplain requirements and additional steps must be taken and questioned Reichhart if this value would apply to both the former sanctuary stricture and the house or to each building individually. Reichhart stated that the value is for each building individually. Reichhart continued that the property has been surveyed and both strictures based on their elevations are out of the floodplain. Thomas requested clarification of staff regarding the floodplain questioning that because the strictures are in the floodplain the applicant cannot increase the size of the footprint of the strictures at all. Marohnic stated that is her understanding. No person spoke in opposition or support of this item. Motion: Commissioner Jean Schaake motioned for approval. Second: Commissioner Patrice Lyke Vote: Reece: Aye Lyke: Aye Thomas: Aye Schaake: Aye Ryan: Aye Bentley: Aye Passed: 6-0 4. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission 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. No items were discussed. Vice Chair Thomas adjourned the meeting at 6:55 p.m. s:lour documentslordinances\10\z09-0014 bolivar project.doc EXHIBIT I I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A DOWNTOWN RESIDENTIAL I (DR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN COMMERCIAL NEIGHBORHOOD (DC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 0.59 ACRES OF LAND LOCATED AT THE SOUTHWEST INTERSECTION OF BOLIVAR STREET AND CONGRESS STREET, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR. A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z09-0014) WHEREAS, Spring Brook Planning Group, has applied for a change in zoning for approximately 0.59 acres of land legally described in Exhibit "A" and depicted in Exhibit "B", attached hereto and incorporated herein by reference (hereinafter, the "Property"), from a Downtown Residential I (DR-1) zoning district classification and use designation to a Downtown Commercial Neighborhood (DC-N) zoning district classification and use designation; and WHEREAS, on March 10, 2010, the Planning and Zoning Commission recommended approval of the requested change in zoning; WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; NOW, THERFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district classification and use designation for the Property is hereby changed from the Downtown Residential 1 (DR-1) zoning district classification and use designation to the Downtown Commercial Neighborhood (DC-N) zoning district classification and use designation. SECTION 3. The City's official land use map is amended to show the change in land use designation. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY B~6~ Exhibit A Lot 2, Block 1 of the Barb Addition. S; Exhihit B ti v y Conoress strect } v ~ fJv 1 TC ltolir pi- Street z 0. , u~ { x . I' PAR KMf f. a AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: Environmental Services and Sustainability UTILITIES ACM: Howard Martin, 349-8232*h, - SUBJECT Consider adoption of an ordinance of the City of Denton Texas authorizing the City Manager or his designee to administer the formula funding allocated Denton under the Energy Efficiency and Conservation Block Grant, as part of the American Recovery and Reinvestment Act, for those projects identified for funding under the City of Denton's Energy Efficiency and Conservation Strategy, as filed with the United States Department of Energy in the total amount of $1,117,000; providing for the expenditure of funds and an effective date. BACKGROUND The City of Denton was a recipient of formula funds under the Energy Efficiency and Conservation Block Grant (EECBG) administered by the Department of Energy as a part of the American Recovery and Reinvestment Act. The total amount of funding allocated to Denton through this grant program is $1,117,000, with no local matching requirement. The Department of Energy provided $65,100 of the formula funds to the City of Denton for the purpose of developing an Energy Efficiency and Conservation Strategy (EELS). The EECS is required by the Department of Energy prior to releasing additional formula funding for the recipient. Part of the strategy involved prioritizing municipal projects to determine those that best met Department of Energy and municipal goals within the provided grant budget. The City of Denton's Committee on the Environment evaluated and provided direction on the prioritization strategy during several meetings. At the end of this process, 6 municipal projects were recommended for funding. The City of Denton submitted the recommended projects and associated information to the Department of Energy for evaluation, and the Department of Energy provided approval for the recommended projects on March 19, 2010. PRIOR ACTION/REVIEW (Council, Boards, Commissions) February 2, 2009: Committee on the Environment (Individual Item concerning Community Sustainability Initiatives). February 18, 2009: Committee on the Environment (Individual item concerning Community Sustainability initiatives) September 17, 2009: Committee on the Environment (as a part of Assistant City Manager "ACM" grant update) November 2, 2009: Committee on the Environment (ACM update). December 9, 2009: Presentation of ranking strategy methodology to the Committee on the Environment. January 13, 2010: Presentation of final ranking strategy to the Committee on the Environment. January 15, 2010: Staff report to Mayor and City Council outlining Committee on the Environment Recommendation and staffs intent to submit recommended proj ects. April 5, 2010: Presentation of approved projects to the Mayor and City Council FISCAL INFORMATION The total formula funding allocated to Denton was $1,117,000. Denton was provided $65,100 to develop the required Energy Efficiency and Conservation Strategy. This ordinance will allow the City Manager or his designee(s) to expend the remaining $1,051,900 in accordance with the City of Denton's Energy Efficiency and Conservation Strategy, as approved by the Department of Energy. EXHIBITS 1. Ordinance Respectfully prepared and submitted by, Kenneth Banks. Director, Environmental Services and Sustainability City of Denton scour documentslordinances\10\eecbg ordinance.doc EXHIBIT I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ADMINISTER THE FORMULA FUNDING ALLOCATED TO DENTON UNDER THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT, AS PART OF THE AMERICAN RECOVERY AND REINVESTMENT ACT, FOR THOSE PROJECTS IDENTIFIED FOR FUNDING UNDER THE CITY OF DENTON' S ENERGY EFFICIENCY AND CONSERVATION STRATEGY, AS FILED WITH THE UNITED STATES DEPARTMENT OF ENERGY, IN. THE TOTAL AMOUNT OF $1,117,000; PROVIDING FOR THE EXPENDITURE OF FUNDS AND AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance 2009-063, the City of Denton applied for funding through the Department of Energy's Energy Efficiency and Conservation Block Grant program, a component of the American Recovery and Reinvestment Act; and WHEREAS, the City of Denton was awarded $1,117,000 in formula funding through the Energy Efficiency and Conservation Block Grant to administer programs that met the goals of the Department of Energy for this grant program; and WHEREAS, the Department of Energy provided $65,100 of these formula funds to the City of Denton for the purpose of developing an Energy Efficiency and Conservation Strategy, part of which involved prioritizing municipal projects to determine those that best met Department of Energy and municipal goals for expenditures of the remaining funds; and WHEREAS, the City of Denton's Committee on the Environment evaluated and provided direction on the prioritization strategy during a series of public meetings, ultimately culminating in a recommendation for six (6) municipal projects to be funded under the Energy Efficiency and Conservation Block Grant program; and WHEREAS, the City of Denton submitted the required information concerning the recommended projects to the Department of Energy for evaluation, and received approval for the recommended projects from the Department of Energy on March 19, 2010; and WHEREAS, it is deemed to be in the best interests of the City of Denton to administer these funds as approved by the Department of Energy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council authorizes the City Manager; or appropriate designee(s), to administer all expenditures of the formula fluids allocated to the City of Denton through the Energy Efficiency and Conservation Block grant in accordance with the Energy Efficiency and Conservation Strategy, as approved and / or amended by the Department of Energy. SECTION 2. The City Council authorizes the City Manager, or appropriate designee(s), to handle all fiscal and administrative matters related to the administration of these grant funds, and all other matters connected therewith. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2010. i MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY % BY AGENDA INFORMATION SHEET AGENDA DATE: April 6, 2010 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND The following boards/commissions require nominations: Construction Advisory & Appeals Board - Daniel Hurt has moved outside the city limits. A nomination is required from Council Member Heggins. Human Services Advisory Committee - Mayor Burroughs has a nomination for the vacant position held by Angie Jester. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:ACity Secretan-\Boards & Comm\Agenda Info Sheet for Vacancies 3-2-10.doc Handout to Council 04/06/2010 City of Denton City Council Minutes March 9, 2010 Page 3 Mayor Burroughs felt that this overlay could get very detailed in order to have sufficient clarity. He questioned if an amendment to the existing overlay would allow another project to do to the same thing or would the amendment just carve out this property for this project. Cunningham stated that staff had discussed that internally and was trying to come up with a creative way to not create an overlay within an overlay. Develop the project without applying the overlay conditions to the entire Fry Street district. Mayor Burroughs suggested carving out the boundaries of this project so any amendments to the overlay district would just apply to this location. Cunningham stated that there was the possibility of amending the boundaries of the overlay district to allow for the development of the project. Mayor Burroughs asked if the developer had thought about incorporating public transit into the development. Vasbinder stated that they had met with DCTA but the one-way street system was going the wrong way. They had also talked about internally making a stand lone shelter in the private drive. Another idea was to make improvements to off-site locations near the project. Council Member Watts stated that traffic patterns needed to be considered to maximize the potential in the area and that something different might have to be done in the area for traffic purposes. He asked how many baths the three and four bedroom units would have. Vasbinder stated that each bedroom would have a bath. Council Member Watts asked about the leasing of bedrooms. Vasbinder stated that the leases would be by the unit and not by the bed. Cunningham stated that staff would consult with Legal for the most appropriate mechanism for either an amended overlay or planned development for the project. 2. Receive a report and hold a discussion regarding the status of various drainage projects associated with the sale and delivery of $7,065,000 in certificates of obligation as approved by City Council on October 2, 2007 and supported in the FY2007-FY2008 budget by a one cent tax increase per $100 of property valuation. Frank Payne, City Engineer, presented background information on the one cent tax increase for drainage funding. He detailed the six projects associated with the tax increase and the associated funded amounts. (1) The Mingo Road and Paisley box and channel project was broken into three phases. Phase 1 dealt with replacement of the culvert west of the intersection of Nottingham and Mingo, Phase 2 dealt with the culvert replacement east of the intersection of Schmitz and Mingo and Phase 3 dealt with the culvert replacement on Paisley west of Bradshaw and channel work south of the new culverts at Paisley to Lehr City of Denton City Council Minutes March 9, 2010 Page 4 (2) The Ector Street storm drainage project was designed by in-house personnel and consisted of storm drain installation on Ector Street. Constriction would begin following the execution of contract documents which were approved by Council on February 2, 2010. (3) The Kings Row at Cooper Branch project was located immediately upstream of the area studied in the Cooper Creek Basin. It was designed and constricted by in-house personnel and was completed in September 2009. There were remaining funds left from this project which would be available for transfer to another project where needed to assist in project completion. (4) The Magnolia Street drainage project was broken into two phases. Phase I included the constriction of a detention pond north of Windsor and the McKenna Park Congregation of Jehovah's Witnesses and channel modifications from the pond south to Windsor Street. Phase 2 would consist of improving the drainage system from the Phase 1 channel north of Windsor Street to Northridge Road and south of Good Samaritan Village. This phase was currently underfunded. (5) Cooper Creek detention and channel improvements. The scopes of these projects involved an analysis of possible overall flood mitigation activities for the Cooper Creek basin and constriction of detention ponds and channel improvements to reduce flooding potential along Cooper Creek. Based on the engineering report, staff was moving forward with the constriction of a regional detention pond located on the Strickland Junior High School campus to reduce flooding at Sherman and the school and culvert and channel improvements to Mingo Road to reduce flooding at Mingo and Craig's Lane. (6) Pecan Creek improvements include channel modeling and improvements from the existing improved channel at Bell and Wainwright to the intersection of the existing channel at West Mulberry to the west of Carroll Blvd. Phase 1 included the constriction of a new culvert to replace the existing channel along a new alignment from the existing channel at Bell and Wainwright. Phase 2 included the constriction of new culverts to replace the existing channel from the upstream end of Phase 1 and west to a point on the north side of East Prairie Street. Payne presented information on existing and emergency projects. The Utility and CIP Engineering and Drainage departments continued to process existing bond projects and attempt to address citizen complaints and immediate needs associated with localized flooding incidents after the intense rains and associated flooding associated with the storm event that occurred in April 2007. The following projects illustrated some of those completed and ongoing projects: (1) Morse Street channel improvements (2) Old North Road storm drain improvements (3) Duncan Street drainage improvements (4) Eagle Drive drainage improvements (5) Post Oak Blvd. (6) Pockris Page road, sidewalk, and drainage improvements (7) Gayla and Mayhill Street paving and drainage improvements (8) Ranch Estates City of Denton City Council Minutes March 9, 2010 Page 5 (9) Thunderbird Drive and Cactus Drive (10) Police training ground on Airport Road (11) Appaloosa Court ditch (12) State School Road at Unicorn Lake ditch improvements (13) City of Denton Service Center Council Member Gregory noted that some of the drainage projects were done with the former WPA and asked if there was any possibility of salvaging some of that rock when the channels were redone. Payne stated that it might be difficult as the rock often fractured and came out in chunks. Some of the walls would need to stay in place while making the new bank. They could attempt to salvage some of the rock but it might be difficult to pull out whole pieces. Council Member Mulrov thanked Mr. Payne for his presentation and the level of detail contained within the drainage report. He commented on the length of time necessarv to complete the drainage projects, clarified the project design problems encountered, ✓and questioned the remaining project schedule. Council Member Mulrov discussed the importance of maintaining then" focius on a systematic drainage improvement program through the 0tv's CIP Bond Committee process and that historically, drainage projects had received as much as 25% of the available debt service. He emphasized the importance of utilizing General Obligations as a.fending source for these drainage improvements, recognizing that the Drainage Fee lvas implemented for the primary purpose of funding drainage svstem operation and maintenance activities. He encouraged Council to include drainage projects in subsequent Capital Improvement Plan efforts as part of Council 's sustained commitment to improving critical drainage infrastructure. 3. Receive a report, hold a discussion and give staff direction regarding a Best Practices for Pipeline and Municipality Relations Resolution. John Cabrales, Public Information Officer, stated that a group of public officials and members of the Texas Pipeline Association had been working in a collaborative manner to improve communications between the pipeline industry and local municipal governments located in the Barnett Shale production area. This group met on a number of occasions to discuss the issues that surrounded pipeline routing through municipal jurisdictions. The result of this collaborate effort was the "Best Practices for Pipeline and Municipality Relations" document which was designed to enhance the routing process, through communication and mutual respect. Several of the mayors, including Mayor Burroughs, sent out a letter asking towns and cities to support the passage of a resolution and commitment to adhere to the best practices when dealing with pipeline companies. Mayor Burroughs noted that in the last legislative session, cities and the pipeline industry each had proposed legislation for guidelines which ended up competing with each other for regulations. Prior pipeline practices did not take notice of city planning guidelines and the pipeline industry tried to get cities eliminated from the decision making process. In this case, the industry and municipalities were trying to work together for placement of future pipelines. These were guidelines only and would help promote communication between the industry and cities.