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HomeMy WebLinkAboutJanuary 4, 2011 AgendaAGENDA CITY OF DENTON CITY COUNCIL January 4, 2011 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, January 4, 2011 at 4:30 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. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for January 4, 2011. 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. Receive a report and hold a discussion with the City's attorneys regarding legal issues related to the power and authority of the Denton County Transportation Authority ("DCTA") to acquire real property interests within the municipal boundaries of the City of Denton and actions of the City of Denton required for DCTA's acquisition of such real property interests. 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 clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code in this matter. 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 City of Denton City Council Agenda January 4, 2011 Page 2 SESSION AS AUTHORIZED BY TEX. GOVT. 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 by Carter Blood Care of Four Seasons Award to Kari Jo Zika. 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. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - I). 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 - I below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Malcolm Pirnie, Inc. for engineering services to develop a Supervisory Control and Data Acquisition (SCADA) Master Plan for the City of Denton Water Production Division; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4528 in an amount not to exceed $119,873). The Public Utilities Board recommends approval (6-0). City of Denton City Council Agenda January 4, 2011 Page 3 B. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Retaining Wall Materials for constriction of the Second Phase of a Screening Wall at Phase 3, Cell A at the City of Denton Landfill which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4635-Purchase of Retaining Wall Materials for Second Phase of Screening Wall Installation at City of Denton Landfill awarded to Stone Strong, LLC in the amount of $94,170). The Public Utilities Board recommends approval (6-0). C. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. D. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. E. Consider adoption of an ordinance of the City of Denton closing, abandoning and vacating the Robertson Street grade crossing at its intersection with the formerly Missourri-Kansas-Texas Railroad Company right-of-way, the Robertson Street crossing centerline presently being located approximately 460 feet northwesterly of the centerline intersection of Mill Street/Morse Street with the formerly M-K-T Railroad Company right-of-way centerline and being situated in the Alexander Hill Survey, Abstract No. 623, City and County of Denton, Texas, and providing an effective date. 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 Solid Waste Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $2,979,205 to allow the Solid Waste Department to purchase and acquire refuse and recycling vehicles and equipment in order to continue providing solid waste refuse and recycling collection operations; and providing an effective date. The Public Utilities Board recommends approval (6-0). G. 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 Wastewater Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $500,000 to allow the Wastewater Department to purchase and acquire equipment for the beneficial reuse division; and providing an effective date. The Public Utilities Board recommends approval (6-0). H. Consider adoption of an ordinance of the City of Denton, Texas amending and restating the Schedule of Rates for Solid Waste Service contained in Ordinance No. 2009-221 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas solely as to commercial solid waste collections services rates City of Denton City Council Agenda January 4, 2011 Page 4 (Schedule SWC) and the collection and transportation services permit rate (Schedule SWP); providing that except for those specific changes made to schedules SWC and SWP, that all of the remaining provisions of Ordinance No. 2010-231 shall remain in full force and continuous effect; providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommends approval (5-0). L Consider adoption of an ordinance of the City of Denton, Texas, approving the acquisition by the Denton County Transportation Authority, a coordinated county transportation authority created under Chapter 460 of the Texas Transportation Code, of a perpetual easement by eminent domain, upon, along and across (i) an approximate 0.148-acre tract; and (ii) an approximate 0.09-acre tract, a portion of such 0.09-acre tract being located within the above described 0.148-acre tract, both tracts being situated in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas, and being more particularly described herein; 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, regarding a Specific Use Permit to allow a barber shop as a home occupation within a single-family residence at the northeast corner of Norman Street and Greenlee Street. The site is located within a Downtown Residential 1 (DR-1) zoning district and contains approximately 0.13 acres and is more commonly known as Lot 15, Block 6 of the Hillside Addition; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (,SIO-0006). The Planning and Zoning Commission recommends approval (6-0). 5. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. City of Denton City Council Agenda January 4, 2011 Page 5 B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. 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: January 4, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Malcolm Pirnie, Inc. for engineering services to develop a Supervisory Control and Data Acquisition (SCADA) Master Plan for the City of Denton Water Production Division; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4528 in an amount not to exceed $119,873). The Public Utilities Board recommends approval (6-0). RFP INFORMATION Request for Proposals for a Supervisory Control and Data Acquisition (SCADA) Master Plan for the City of Denton Water Production Division were issued on July 27, 2010. Four responses were received. The four responses were reviewed and evaluated by City staff and the top two respondents, Malcolm Pirnie, and Black and Veatch were interviewed. Malcolm Pirnie was determined to be the most qualified based on the team assembled for this project, their previous experience performing SCADA Master Plan projects, and their extensive knowledge of our process and computer systems (Exhibit 1). SCADA is a mission critical computer system that monitors and controls the water treatment and distribution equipment of the Water Production Division. The City of Denton Water Production Division recognizes the need to develop a SCADA Master Plan in order to direct investments and actions to improve the reliability and functionality of their aging SCADA system. A complete description of the major components of the proposed master plan is included in the attached Public Utilities Board Agenda Information Sheet (Exhibit 2). PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was approved by the Public Utilities Board on December 13, 2010. RECOMMENDATION Award a Professional Services Agreement to Malcolm Pirnie, Inc. in an amount not to exceed $119,873. Agenda Information Sheet January 4, 2011 Page 2 PRINCIPAL PLACE OF BUSINESS Malcolm Pirnie, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT This project is estimated to be completed by August 2011. FISCAL INFORMATION This project will be funded from account 630246517.1360.21100. Requisition 101322 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Committee Evaluation of Responses Exhibit 2: Public Utilities Board Agenda Information Sheet Without Exhibits Exhibit 3: Public Utilities Board Draft Minutes Respectfully submitted: Cik Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1 AIS-RFP 4528 x w 00 N 00 w P4 0 0 N M 00 a~ O a~ A U O v a C~ E- a U A O N N A x ~ t ~ bA M W Q bA A W ~ p [A A W - ~ ct 78 Q a~ z z a U ~ c~ ~C 8 o O N (n r-. (f) O (n 00 O (n (n r- ~ n 00 _c Q U A A Q t 78 v~ (n 00 O 00 O 00 (n O O ~i O Q U 78 z E' ^pW7y ~ O U CC bJ1 x s.~ CC y C O O a cz ° a~ G' U "~c~' O cC ¢ w 4~.. cz A E s: s. ~U O a U cz a ` d O U eC W a c E-~ Exhibit 2 PUBLIC UTILITIES BOARD AGENDA ITEM #3 AGENDA INFORMATION SHEET AGENDA DATE: December 13, 2010 DEPARTMENT: Water Utilities/Water Production ACM: Howard Martin, Utilities, 8232 SUBJECT Consider the recommendation of an approval of a Professional Services Agreement with Malcolm Pirnie of Dallas, Texas, for engineering services to develop a SCADA Master Plan for the City of Denton Water Production Division in an amount not to exceed $119,873. BACKGROUND RFP 4528 was issued on July 27, 2010 and four responses were received. The four responses were reviewed and evaluated by city staff and the top two respondents, Malcolm Pirnie and Black and Veatch were interviewed. Malcolm Pirnie was determined to be the most qualified based on the team assembled for this project, their previous experience performing SCADA Master Plan projects and their extensive knowledge of our process and computer systems. SCADA (Supervisory Control and Data Acquisition) is a mission critical computer system that monitors and controls the water treatment and distribution equipment of the Water Production Division. The Water Production Division has two water treatment plants, three elevated storage tanks, two booster pump stations and two raw water pump stations. Each water treatment plant has an independent SCADA system that controls the treatment process and the distribution of water within the city. This system greatly improves the overall efficiency and effectiveness of the division. The SCADA system gives the operator on-duty the ability to control plant processes from a computer in the control room. It also gives real-time feedback on all of the processes and the various instruments monitoring water quality in the field. Historical data is collected and trended for use by the operations, maintenance and management staff. The SCADA system also provides the data needed to complete the required compliance reports that the TCEQ (Texas Commission on Environmental Quality) and EPA require. A comprehensive SCADA Master Plan, followed by effective implementation to strategically deploy improvements will enhanced the operational and business functions for the City of Denton Water Production Division. The City of Denton Water Production Division recognizes the need to develop a SCADA Master Plan in order to direct investments and actions to improve the reliability and functionality of their aging SCADA system. The average life expectancy of a SCADA system is 8 - 10 years. The AIS - PUB Agenda Item 43 December 13, 2010 Page 2 of 3 SCADA system at the Lake Lewisville Water Treatment Plant was installed in 2001 and the system at the Lake Ray Roberts Water Treatment Plant went online in 2003. Both systems are nearing the end of their design life. Both systems are in need of upgrade and improvement in order to bring them in line with all of the technological advances and improvements that have been made in the last few years. Additionally, since the systems were installed at different times there is a need to obtain some consistency between the two systems. The Master Plan will address the inconsistency between the two systems and make it less challenging for those working with and maintaining the systems. The Master Plan will study and outline improvements to other areas that integrate with the SCADA system including the radio system, security system, equipment maintenance system and Operator inputted data. A combination of licensed and unlicensed frequency radios handle the communication between all of the Water Production's facilities. In addition to transmitting the SCADA data from our remote locations, the radio system also provides a connection for our security system - video and access control systems. The integration of the SCADA system with the CMMS (computerized maintenance management system) is another function the Master Plan will address to improve the overall production and efficiency of equipment maintenance. New ways to integrate data and the use of all data will be increased. As a part of the Master Plan, Malcolm Pirnie will develop standards that will direct all future changes and improvements to the SCADA systems. The SCADA Master Plan would provide a road map for improvements, upgrades and additions to the systems for the next 5 to 10 years. Having this road map helps ensure we do not end up with a system that is less valuable to us than what we set out to accomplish. This will affect our overall capability to maintain and improve service and product delivery for the citizens of Denton. OPTIONS 1. The Public Utilities Board may approve the contract with Malcolm Pirnie for engineering services for developing a SCADA Master Plan. 2. The Public Utilities Board can reject the contract and provide staff with information on how to revise the proposal and/or budget. RECOMMENDATION Staff recommends that PUB approve the professional services agreement with Malcolm Pirnie to provide engineering services for the development of a SCADA Master Plan for $119,873. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review DATE SCHEDULED FOR COUNCIL APPROVAL January 4, 2011 AIS - PUB Agenda Item 43 December 13, 2010 Page 3 of 3 ESTIMATED SCHEDULE OF PROJECT We will begin this project immediately after receiving approval from the PUB and City Council. We anticipate that the project should take six months to complete. FISCAL INFORMATION Malcolm Pirnie started with an initial cost estimate of $135,000. When the City of Denton began negotiations with Malcolm Pirnie, the first cost estimate they presented to us was $129,975. We reviewed the scope with Malcolm Pirnie and identified areas where City staff could enhance our participation in the project in order to reduce the cost, but not affect the essential elements of the project. This negotiation brought the total down to $119,873. This amount is in line with the current budget for this project which is $120,000. EXHIBITS 1. RFP 44528 & Addendum 41 2. List of Respondents/Evaluations 3. Proposal Respectfully submitted: Jim Coulter Director of Water Utilities Prepared by Tim Fisher, P.E., Assistant Director of Water Utilities Exhibit 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT MINUTES PUBLIC UTILITIES BOARD December 13, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, December 13, 2010 at 9:01 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. Present: Chair Dick Smith, Vice Chair Bill Cheek, Bill Grubbs, Phil Gallivan, John Baines (departed at 10:45), and Barbara Russell Ex Officio Member: George Campbell, City Manager Howard Martin, ACM Utilities Absent: Randy Robinson 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 the recommendation of an approval of a Professional Services Agreement with Malcolm Pirnie of Dallas, Texas, for engineering services to develop a SCADA Master Plan for the City of Denton Water Production Division in an amount not to exceed $119,873. Board Member Russell asked what would be the problem with postponing that for a year. Is there a reason that we need to hire a consultant. Tim Fisher, Division Manager Water Utilities, it really relates to implementation of an item that was in the budget to master plan and modernize our SCADA systems. We have developed two SCADA systems they are starting teach the edge of their lives. Russell said one was 2001 and one was 2003 which states the life is about 10 years. Fisher stated that is item isn't the upgrade for the equipment it is to develop a master plan for that upgrade. It is a planning process so when we do make the upgrade expenditures we have a better starting point and direction. The upgrade may happen incrementally. Russell stated that she knew a consultant would have more knowledge, but is the something that could be done in house. Fisher stated that the people he has are the ones that have to upgrade the equipment when they can or maintain the equipment. Staff does use a third party vendor out of Dallas to do more extensive configuration. Russell asked if there is such education by staff that when we come to this point again we could be more proactive than we are being by sending them to school or courses that next time there wouldn't be a consultant needed we have educated our own staff to be able to accommodate this change. Fisher responded to be totally independent of third party systems and to be self capable to do those configurations we would have to do additions to staff. The key person that Fisher has handling this right now also has many other duties which include regulatory compliance of the drinking water. SCADA is part of her j ob not her j ob. We get into when should be outsource work for extra fees versus when do we build in capabilities of staff, Draft Minutes of the Public Utilities Board Meeting November 8, 2010, 2010 Page 2 of 2 2 4 5 6 7 8 9 10 11 12 13 we would potentially take on more that could be handled trying to do everything internally. Our employee does have training and we have an extensive investment in that one individual, the other problem you can run into is you get a lot of dependency on one person, when that one person leaves then you have a big hole to fill. We don't have redundancy of staff to develop that capability in several areas. Board Chair Smith stated that Russell had good questions. Sometimes by just looking at the agenda items it is hard to make sure Utilities is undergoing a same process to eliminate when possible. Board Member Grubbs stated that having a group of people in consultant's that can keep up with the new technology has value in its self. Board Member Cheek moved to approve item 3 with a second from Board Member Baines. The motion was approved by a 6-0 vote. Adjournment was at 11:15 a.m. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MALCOLM PIRNIE, INC. FOR ENGINEERING SERVICES TO DEVELOP A SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) MASTER PLAN FOR THE CITY OF DENTON WATER PRODUCTION DIVISION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4528 IN AN AMOUNT NOT TO EXCEED $119,873). WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The 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 L The City Manager is hereby authorized to enter into a professional service contract with Malcolm Pirnie, Inc. to provide professional engineering and related services for the development of a Supervisory Control And Data Acquisition (SCADA) Master Plan for the City of Denton Water Production Division, a copy of which is attached hereto and incorporated by reference herein. SECTION 11. The City Manager is authorized to expend funds as required by the attached contract. SECTION III. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION IV. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-ORD-RFP 4528 PROFESSIONAL SERVICES AGREEMENT FOR WATER PRODUCTION SCADA MASTER PLAN RFP 4528 STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of , 20_, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Malcolm Pirnie, Inc. with its corporate office at 12400 Coit Road, STE 1200 Dallas, TX 75251, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, (herein describe project) RFP 4528 - Professional Services for Wafer Production SCADA Master Plan ARTICLE H SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: Water Production SCADA Master Plan A. The CONSULTANT shall perform all those services as necessary and as described in the OWNER'S - RFP 4528 on file at the office of the Purchasing Agent. B. CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. (Exhibit 5). C. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE III ADDITIONAL SERVICES (To Be Used if Consultant is an Engineer) Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows: A. During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environinental Protection Agency, or other regulatory agencies, The CONSULTANT will assist OWNER'S personnel on an as- needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in Basic Services. D. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system. E. Preparing applications and supporting documents for govermnent grants, loans, or planning advances and providing data for detailed applications. F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. G. Providing geotechnical investigations for the site, including soil borings, related analyses, and recommendations. Page 2 ARTICLE III ADDITIONAL SERVICES (To Be Used For Other Consultants) Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows: (list all additional services that may be required for the project) ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of Water Production SCADA Master Plan. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and is incorporated by reference as if set forth fully in this Agreement, a total fee, including reimbursement for direct non-labor expenses not to exceed $119,873.00. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project. Page 3 Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article Ill "Additional Services," without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate as agreed upon in writing in advance. Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make undisputed payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT's undisputed statement thereof, prompt payment act interest as set forth in Chapter 2251 of the Texas Government Code shall be paid on the amounts due the CONSULTANT. In addition, the CONSULTANT may, if it has not received payment by the thirty-first (3 day after receipt of payment, after giving ten (10) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay prompt payment act interest if the OWNER has a bona fide dispute with the CONSULTANT concerning the payment or if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS Page 4 All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. Page 5 B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation. No mediation arising out of or relating to this Agreement may proceed without the agreement of both parties to submit the dispute to mediation. The location for the mediation shall be the City of Denton, Denton County, Texas unless a different location is agreed to by the parties. ARTICLE X11 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of Page 6 termination, in accordance with Article V "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. CONSULTANT retains design responsibility and liability at all times during this Agreement and after completion of this Agreement. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: Pr&(Colm ?,yV 't. , W. lib t~ m.-• , 9.e- IZ480 COO ejf IZoo t l(c•S I TX 15Z161 To OWNER: City of Denton Kathy Gault, Water Production 1701 B Spencer Road Denton, Texas 76208 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of pages and exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. Page 7 ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such persomiLel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. C. In those instances deemed necessary by the OWNER, the CONSULTANT, its employees and/or its Sub-consultants shall be required to submit to background checks. ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any of its scope of work under in this Agreement, and shall not transfer any of its scope of work under this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. Should the Page 8 CONSULTANT assign any part of the monies due under this Agreement, CONSULTANT is required to provide written notice of the sarne to OWNER. Any assignment of monies due under this Agreement shall not change any of the terms or conditions of this Agreement to include but not limited to the terms and conditions for payment under this Agreement. ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXII MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: (list exhibits) B. CONSULTANT agrees that OWNER shall, until the expiration of five (5) years after the final payment or after final completion of all work required under this Agreement, whichever is longer, have access to and the right to examine any directly pertinent books, documents, papers, correspondence, to include e-mails, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT is required to maintain and make available all electronic records associated with this Agreement for purposes of examination. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. This paragraph shall work in conjunction with the Audit provision set forth in Article XXIII. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be C)~jA'a-ykwo. n . However, nothing herein shall limit CONSULTANT from using other qualified and competent inembers of its firm to perform the services required herein. CONSULTANT understands that OWNER is to be informed of the removal or loss of any of the key persons working under this Agreement. CONSULTANT also agrees to provide the OWNER with notice of the name(s) of who it intends to replace the key person. OWNER shall have a right to reject any replacement Page 9 key person(s) and CONSULTANT agrees to name a replacement key person(s) acceptable to the OWNER. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. 0. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE XXIII RIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONSULTANT shall retain such books, records, documents and other evidence pertaining to this Agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONSULTANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books" "records" "documents" and "other evidence" as used above shall be. construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. Page 10 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the day of , 20 CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: c r/ CONSULTANT ?~k Lt ~ V-, rt Lll C-, . K-TA, q,?e- ~res~•~c~ - Name, Title WITNESS: 4 L B 0 t CITY OF DENTON INSURANCE REQUIREMENTS FOR CONSULTANTSICONTRACTORS The Offero•'slBidder's attention is directed to the insurance requirements below. It is highly recommended that offerors/bidders confer with their respective insurance carriers or brokers to determine in advance of its proposal or bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an offeror/apparent lorv bidder fails to comply strictly with the insurance requirements, that offeror/bidder rimy be disqualified from award of the contract. Upon award, all insurance requirements shall become contractual obligations, which the successful offeror/bidder shall have a ditty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Consultant/Contractor, the Consultant/Contractor shallprovide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the rninimurn insurance coverage as indicated hereinafter. As soon as practicable after notification of award, ConsultantlContractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the proposallbid number and title of the project. Consultant/Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Consultants/Contractors are strongly advised to make such requests prior to proposallbid opening, since the insurance requirements may not be modified or waived after proposal/bid opening unless a written exception has been submitted with the proposal/bid. Consultant/Cortractor shall not commence any yvork or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declared in the proposal or bid. If requested by the City, the insurer shall reduce or eliminate such deductibles or self insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the Consultant/Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Page 12 • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Should any of the required insurance be provided under a claims-made form, Consultant/Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Consultant/Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. Page 13 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attaeffincnt 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC), Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [_J Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [X] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Builders' Risk Insurance . Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employce fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires, This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. Page 15 U Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Page 16 ATTACHMENT 1 [j Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, ernployces of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the goveriunental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governiental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and Page 17 2) no. later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manrrer prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person begimning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and Page 18 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the govermnental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 19 Exhib; Task 1 - Project Administration ENGINEER will perform project administration activities in three distinct phases: * Task lA - Initiate Project - ENGINEER will prepare a Project Management Plan, assist the OWNER in organizing a Project Leadership Team (see below), and conduct a Kickoff Meeting. At the Kickoff Meeting, ENGINEER will present a future oriented view of the "Top Ten SCADA Trends for Water Utilities" to help jump-start the thought process about improved uses of technology for the City of Denton. * Task 16 - Monitor and Control Project - ENGINEER will perform the weekly activities required to manage schedule, resources, budget, communications and risk. Under this task ENGINEER will also prepare monthly activity reports and schedule updates to be submitted with monthly invoices. * Task 1C - Closeout Project - ENGINEER will debrief the Denton Project Leadership Team, closeout activities, and submit the final project invoice. For this project, ENGINEER recommends the OWNER form a "Project Leadership Team" (PLT) consisting of 4 to 6 stakeholders from a cross-section of the utility who are interested in the outcome of the project. The Scope of Work includes significant engagement of the PLT for the Kickoff Meeting, status meetings, and special meetings to resolve issues and make critical decisions during the project. For example, the PLT will have final input into the portfolio of projects selected for the SCADA Master Plan. Dellverables The primary deliverables for Task 1 are: ]I Project Management Plan. 12 Kickoff Meeting agenda, presentation slides, and minutes. Invoices with activity report and schedule update. El Closeout checklist and debrief summary. Assumptions and Constraints m OWNER will form a PLT and will sustain involvement of the PLT for the duration of the PROJECT. 19 Kickoff Meeting will be held in Denton at OWNER selected location. Task 2 - Document Goals and Objectives ENGINEER will conduct a multi-pronged effort to document the drivers, issues, and needs of the OWNER. The Scope of Work includes: aso7. _ Sofutions for Life The City of Denton (OWNER) intends to develop a Supervisory Control and Data Acquisition (SCADA) Master Plan for its Water Production System. Malcolm Pirnie, Inc. (ENGINEER) will perform professional engineering services to develop the Water Production SCADA Master Plan (PROJECT). * Task 2A - Data Request and Review. A document request memo and review of documents, including the current Strategic Business Plan, previous related SCADA plans and reports, recent annual reports, current system high level documentation, and other documents the OWNER may provide in response to the request. * Task 2B - Interviews. Interviews of executive and management staff to gather unique perspectives on issues and needs within the City's various divisions. 0 Task 2C - Goals and Objectives Workshop. Workshop to obtain PLT feedback. Deliverables The primary deliverables for Task 2 are: 0 Goals and Objectives Workshop to discuss current and future drivers, issues, needs, and strategies for Denton. 13 Goals and Objectives Workshop Agenda and Meeting Minutes summarizing goals, objectives and agreements reached during the workshop. These minutes will serve to document the City Goals and Objectives. Assumptions and Constraints N There will be a maximum of 6, one-hour interviews conducted over a 1-day period. Workshop will be a 2-hr workshop with the PLT to be held at the ENGINEER's office. 0 The OWNER has ready access to the data to be requested in Task 2A. In the case that data is unavailable, the OWNER will take primary responsibility for gathering the data in the field as required, with assistance from the ENGINEER. The ENGINEER has access to information relative to the Lake Lewisville facility due to work on a separate project. The ENGINEER will utilize information from that effort to develop the baseline for facilities that are currently undergoing design improvements, rather than the existing conditions. Task 3 - Perform Baseline Assessment ENGINEER will perform critical assessments of current OWNER capabilities with respect to the following: 0 Task 3A - System Operations Assessment. Practices and procedures for operation of the utility systems using SCADA including staffing requirements. 13 Task 3B - Organizational Assessment. Organization, practices and tools used to govern, manage, and support SCADA throughout Denton. * Task 3C - Communications. Facilities, protocols, staff, and management tools used to furnish high capacity, reliable, and fault tolerant communications services, both wired and wireless. This effort will involve field visits to all key SCADA communications facilities. * Task 3D - Technical Infrastructure Assessment. Servers, desktops, SCADA software, communications network, and physical facilities (space, environment, energy) used to deliver computing applications to end users. U Task 3E - Security Assessment. Policies, procedures, staff, and systems dedicated to system security, data protection, and disaster recovery/business continuity. o ~.,R - - - Solutions far Life ' 0 Task 3F - Data Integration Assessment. Methods and tools for integration of key SCADA data for use throughout the utility. a Task 3G - SCADA Outsourcing Agreements. Current and anticipated use of 3rd parties to provide SCADA related services, including programming, configuration and network connectivity. 0 Task 3H - Electrical Power Reliability Assessment. Current electrical power provisions for critical SCADA systems including UPS, generator backup. Deliverables The primary deliverables for Task 3 are: in Summary memorandum (draft) for each assessment containing: current capabilities, best practices and tools opportunities, a gap analysis, and improvement recommendations. 91 System Architectural Drawings, showing existing network communications infrastructure, protocols and equipment. Assumptions and Constraints 91 Each assessment will be conducted by ENGINEER through face-to-face meetings with designated Denton representatives, reviewing an audit checklist, inspecting physical facilities and records, and reviewing observations with the OWNER. ]a Draft memorandum will be submitted to the OWNER in electronic (.pdf) format. ENGINEER will address OWNER review comments and incorporate final memorandum as an appendix in the draft Master Plan. Task 4 - Perform Requirements Definition The purpose of this task is identifying system requirements and criticality to meet the OWNER`s Water Production SCADA vision. ENGINEER will evaluate several areas including: 13 Operations Requirements Summary M Data Management, Reporting, and Applications Requirements Summary 13 Denton SCADA Security Requirements Summary * Communications Requirements Summary Denton SCADA Technology Requirements Summary * Denton SCADA Electrical System Requirements Summary Deliverables The primary deliverables for Task 4 are: • User group meetings to refine understanding of requirements • Summary Memorandum (draft) documenting results of the Requirements Criticality Evaluation Assumptions and Constraints Two, 2-hour user group meetings to be held at ENGINEER office. tsE7sx - - - _solutlons for Life r r 2 Draft memorandum will be submitted to the OWNER in electronic (.pdf) format. ENGINEER will address OWNER review comments and incorporate final memorandum as an appendix in the draft Master Plan. Task 5 - Select Preferred Projects ENGINEER will use the results of Tasks 2 through 4, and our experience working with similar leading utilities, to develop a Candidate List of recommended SCADA Master Plan improvement projects. ENGINEER will then plan and conduct a workshop with the PLT to finalize the criteria that will be used to evaluate each improvement initiative (or groups of initiatives in the case of a multi-step improvement program). The criteria will be defined and weighted within the Utility Value Index spreadsheet, the tool used for the evaluation. ENGINEER will perform due diligence for each improvement project and develop draft Project Business Cases. ENGINEER will submit the business cases to the PLT for review, and will refine them based on PLT feedback. ENGINEER will then conduct a Project Portfolio Workshop with the PLT to briefly review each improvement project, and develop a portfolio of preferred projects that will be incorporated into the SCADA Master Plan. To facilitate the workshop process, ENGINEER will pre-load the Utility Value Index tool with projects and preliminary ratings for each criterion. After the Portfolio Workshop, ENGINEER will finalize the Project Business Cases for the projects to be included in the SCADA Master Plan. Deliverables The primary deliverables for Task 5 are: M Criteria Definition Workshop, agenda, and minutes. is Summary of draft Project Business Cases for candidate projects. 91 Project Portfolio Workshop, agenda, and minutes. M Fully loaded Utility Value Index Tool used to evaluate and select projects. is Summary of final Project Business Cases for projects to be included in the Master Plan. Assumptions and Constraints M One, 2-hour Criteria Setting Workshop and one, 3-hour Project Portfolio Workshop with the PLT to be held at the ENGINEER's office. 50i6tions fnr Li#e- Task 6 - Develop SCADA Standard Templates ENGINEER will develop draft SCADA templates using the iFix System that provides a standard for both graphics development and display logic, as well as standards for PLC program development. The standard templates will include standardized functionality for all major equipment types including pumps, valves, instruments and VFDs. The standard templates will not address specific system functionality (auto functions) but will address standardized functionality of individual equipment. Included in these standard templates will be recommendations for database tags naming conventions. The ENGINEER will review the existing system documentation and make recommendations for standardization of SCADA software 1/0 driver selection. ENGINEER will conduct a 4 hour workshop to review the templates and receive feedback. This workshop is directed at technical staff within the City of Denton as well as any preferred SCADA services vendor currently used by Denton. After the SCADA Standards Workshop, ENGINEER will finalize the SCADA Standard Templates to be included in the SCADA Master Plan. Deliverables The primary deliverables for Task 6 are: 12 Draft SCADA Standard Templates 9 Final SCADA Standard Templates Assumptions and Constraints M One, 4-hour SCADA Standards Template Workshop to be held at the ENGINEER's office. 0 City of Denton will make arrangements SCADA services vendor to be present at the workshop. Costs for vendor attendance and participation are not included. Task 7 - Prepare and Finalize Master Plan Initially, ENGINEER will work with the PLT to select the preferred format for SCADA Master Plan publication (e.g. Microsoft Word document versus web site), and develop a SCADA Master Plan outline meeting with the OWNER's defined expectations for SCADA Master Plan content. ENGINEER will prepare a draft of the SCADA Master Plan for review and comment by the PLT, and other stakeholders within the City of Denton. ENGINEER will revise and deliver a final SCADA Master Plan based on Denton feedback. A preliminary outline (Table of Contents) for the SCADA Master Plan is as follows: f. Executive Summary 2. Summary of SCADA Master Plan Development Process 3. City of Denton SCADA Vision 4. Prioritized Business Needs a. Utility-Wide Needs b. Divisional needs k5472.)R - -Solutions Jor Life - S. SCADA Master Plan Project Portfolio -A Ten Year Plan a. Summary Project Descriptions b. Utility Value Index Evaluation L Criteria and Weights H. Financial Attractiveness Measures iii. Results c. Summary Schedule d. Summary Cost Estimate 6. SC ADA Master Plan Detailed Implementation Schedule a. Programs, Projects and Phases b. Quick Wins 7. SC ADA Master Plan t.ifecycle Cost Estimate a. Initial and Recurring Costs b. Budget Considerations 8. SC ADA Systems Architecture and Standards a. SCADA Computer and Network Infrastructure b. Software Architecture c. Process/Data Integration Architecture d. Instrumentation Standards e. SCADA Software Development Standards 9. Implementation Readiness Assessment a. Critical Success Factors b. Readiness Scoring ENGINEER and OWNER will conduct a final workshop to review the draft SCADA Master Plan. Dellverables The primary deliverables for Task 7 are: 14 SCADA Master Plan outline. 19 Draft SCADA Master Plan. Review workshop, agenda, and minutes documenting OWNER review comments. IN Final SCADA Master Plan in the format preferred by the OWNER. Assumptions and Constraints R SCADA Master Plan will be delivered as MS Word document. An electronic version in pdf format will also be provided. 0 Review workshop will be a 3-hour workshop to be geld at the ENGINEER's office. 46L,1 30G --.solutions for Life PROJECT SCHEDULE The proposed project schedule is attached. The schedule shows approximate project duration of six (6) months PROJECT FEE The proposed cost for this scope of work is $119,873.00. The development of the cost for this project was collaborative effort between the OWNER and ENGINEER. The following table summarizes the process and changes made over the course of the negotiation phase. The ENGINEER understands the contract will be a lump sum fee. Scope Draft Date Associated Fee Comments I November 5, 2010 >$135,000.00 Original draft with level of effort 2 November 19, 2010 $129,000.00 Scope edits and minor reductions with fee refinement Final December 2, 2010 $119,873.00 Minor scope edits (no reductions) with fee reductions s~a3 s = _ - - Solutions for-Life i AGENDA INFORMATION SHEET AGENDA DATE: January 4, 2011 DEPARTMENT: Materials Management ACM: Jon Fortune Questions concerning this acquisition may be directed to Vance Kemler 349-8044 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Retaining Wall Materials for constriction of the Second Phase of a Screening Wall at Phase 3, Cell A at the City of Denton Landfill which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4635-Purchase of Retaining Wall Materials for Second Phase of Screening Wall Installation at City of Denton Landfill awarded to Stone Strong, LLC in the amount of $94,170). The Public Utilities Board recommends approval (6-0). FILE INFORMATION In 1996, the City applied to the state to expand its landfill operation within the boundary of its property. It was granted a permit amendment to expand the facility in October, 1997. As part of the permitting process, the City's staff worked with several neighboring land owners to address their issues concerning the Landfill expansion. A formal agreement was reached with those land owners which were classified as affected parties. Among the issues that were resolved between the City and the affected parties was their request that the Landfill daily disposal operations not be visible from the road (Mayhill Road). The City agreed to provide screening berms and established a landscaping plan to plant trees in the buffer zone between the west side of the landfill and Mayhill Road. We have been operating in the south portion of Phase 3 since February, 2009. This filling operation initially was conducted below the surrounding ground elevation. This year the filling operation has been above the elevation of the Old Edwards Road and Quail Creek Road. An adjacent property owner has indicated his concern about having to see the Landfill daily operations. The existing earthen berm that would provide a visual screen for this property owner is too low. There is not an adequate amount of space in the southeast corner of the property to build a taller and wider earthen berm with earthen slopes. The alternative is to install a block screening wall or a packed earth wall. The packed earth screening wall would be visually undesirable and not an acceptable solution to the neighbors. The packed earth wall also has a higher ongoing maintenance cost than the block screening wall. This item is for the purchase of materials to constrict a block screening wall. The labor will be provided by Solid Waste employees. Agenda Information Sheet January 4, 2011 Page 2 FILE INFORMATION (CONTINUED) The screening wall is a multi-phased project scheduled to span multiple years. The initial phase of the screening wall is currently being installed. Approximately 300 feet of wall has been installed. This is the second phase of the wall installation which is scheduled for the spring of 2011. The neighboring property owner is pleased with the materials selected and the look of the initial wall section. The second phase will provide this one property owner with visual screening of the Landfill operations. The additional phases will complete visual screening along Mayhill Road, will provide improved site security and will provide an improved appearance of the buffer zone along the new expansion of Mayhill Road. Stone Strong, LLC is the exclusive distributor of Stone Strong Systems in the State of Texas; therefore, this is a sole source acquisition. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, do not have to be competitively bid. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was approved by the Public Utilities Board on December 13, 2010. The first phase of the screening wall was approved by Council on July 20, 2010 in the amount of $87,175. RECOMMENDATION Award the expenditure of funds for the purchase of Landfill Retaining Wall Materials to Stone Strong, LLC in the amount of $94,170. PRINCIPAL PLACE OF BUSINESS Stone Strong, LLC Lincoln, NE ESTIMATED SCHEDULE OF PROJECT Constriction of the Retaining Wall is estimated to be completed within three months of receipt of the materials. FISCAL INFORMATION This item will be funded from account 660543592.1350.30100. Requisition 101327 has been entered in the Purchasing software system. Agenda Information Sheet January 4, 2011 Page 3 EXHIBITS Exhibit 1: Quotation from Stone Strong, LLC Exhibit 2: Sole Source Letter Exhibit 3: Public Utilities Board Draft Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance I-.CIS-File 4615 Exhibit 1 STONE STRONG of TEXAS TO: DATE: November 9, 2010 City Of Denton 1527 S. Mayhil) Rd REFERENCE: Landfill Screening Wall Denton, Tx. 76208 PROPOSAL FOR LANDFILL SCREENING WALL PHASE - III 4,764 square feet of Stone Strong Retaining Wall @ $17.50 Shipping 27 loads @ $ 400.00 per load $ 83,370.00 $ 10,800.00 TOTAL AMOUNT $ 94,170.00 This Quote Contains the Following Quantities Based On the Drawings Dated 5/11/2010 - 156 units 24sf blocks - 17 units 24sf top block - 48 units 6 sf block - 40 units 6 sf top block - 6 units 3 sf block - 5 units corner block - 6 units end block If you have any questions in regards to this proposal please give me a call. Thanks, Jody DuBois 904-389-7583 Jody DuBois -Strong Strong Systems of Texas • Sales/Engineering Manager • P.O. Box 835 • Justin, TX 76247 • ph (940) 389-7583 • fx (940) 648-2958 www.stonestrong.com • jody@stonestrongoftexas.com Exhibit 2 O ' T NE 43STRONG ys,te ms June 16, 2010 City Request RE: CITY OF DENTON Denton Landfill Screening Wall To Whom It May Concern: This letter is to serve as notification that Stone Strong of Texas is the exclusive producer of Stone Strong Systems in Texas. Stone Strong is a patented product-, U.S. Patent No. 6,796,098 and 7,073,304 and the name Strong Systems is a Registered Trademark. All information pertaining to Stone Strong is copyright protected as well. Stone Strong has been in business since 2001. Information regarding Stone Strong can be obtained from the website www.sto estra g.ca If any additional information pertaining to the use of the Stone Strong Systems is required, please forward it to my attention for further assistance. All project specific requests, i.e., engineering and pricing should be directed to Jody DuBois 940-389-7583, with Stone Strong of Texas. Sincerely, ~rJohn Gran President Stone Strong, LLC S ,rF~in ,Sts . Sete r P: L I r3 r,~ [ rt ~f~ ~i8 0rf 402 4'34 5 S Exhibit 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 DRAFT MINUTES PUBLIC UTILITIES BOARD December 13, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, December 13, 2010 at 9:01 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. Present: Chair Dick Smith, Vice Chair Bill Cheek, Bill Grubbs, Phil Gallivan, John Baines (departed at 10:45), and Barbara Russell Ex Officio Member: George Campbell, City Manager Howard Martin, ACM Utilities Absent: Randy Robinson 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. 4) Consider a recommendation of an approval of the acquisition of retaining wall materials in the amount of $94,170 from Stone Strong of Texas, Inc. of Justin, Texas, for the constriction of a screening wall to screen the landfill operation in Phase 3, Cell 3A from Mayhill Road which is only available form one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government code exempting such purchases from provisions of competitive bidding. Board Member Baines moved to approve items 4 with a second from Board Member Gallivan. The motion was approved by a 6-0 vote. Adjournment was at 11:15 a.m. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF RETAINING WALL MATERIALS FOR CONSTRUCTION OF THE SECOND PHASE OF A SCREENING WALL AT PHASE 3, CELL A AT THE CITY OF DENTON LANDFILL WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4635-PURCHASE OF RETAINING WALL MATERIALS FOR SECOND PHASE OF SCREENING WALL INSTALLATION AT CITY OF DENTON LANDFILL AWARDED TO STONE STRONG, LLC IN THE AMOUNT OF $94,170). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NT FNTRFR VFNF)C)R A li C)T TNT 463 5 Stone Strong, LLC $94,170 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 5-ORD-File 4635 AGENDA INFORMATION SHEET AGENDA DATE: January 4, 2011 DEPARTMENT: Fire ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. BACKGROUND The Interlocal Agreement for ambulance service between the City of Denton and Denton County began in 1980 and provides for emergency medical service to Denton County within the designated area (see map in agreement). Each year a new agreement and ordinance is presented to the Denton City Council for the next fiscal year approving the fee the County will pay to the City of Denton for service using a County-wide funding formula based on population served, number of ambulance calls in the County area and the rural square miles in the County. The population and mileage figures used are based on numbers obtained from the North Central Texas Council of Governments. This ongoing Interlocal Agreement is often delayed in the County's legal approval process, which also includes review by the Denton County Fire Chiefs Association as well as approval by the Commissioners Court as part of their budget process. After the City of Denton signs the agreement, the County Commissioners take their official action. Even though the contract is approved after its starting date, the agreement still remains effective from October 1, 2010 with no reductions in revenues. The total estimated fee of $119,891.84 is the City of Denton's share is based on the following estimated ratios: 1. A fixed readiness sum based on $0.6242 per capita for an estimated maximum amount of $69,257.33. 2. A fixed sum of $253.3125 per ambulance nun estimated to be 178 nuns for an estimated maximum amount of $45,089.63. This sum is based upon the number of nuns made in the County areas for fiscal year 2010. 3. A fixed sum based on 19.65 rural miles in the agreed operating territory for an estimated maximum amount of $13,108.17. Denton County Amb 2007 ulance Fund 2008 ing - 2007 t 2009 o 2011 2010 2011 READINESS- POPULATION: County Funding Formula Rate 0.5403 0.6185 0.5400 0.6009 0.5511 Readiness Funding to Denton $54,539.18 $68,624.31 $69,257.33 $66,674.06 $61,694.04 EMS AMBULANCE RUNS: Denton Runs to County 117 106 125 137 178 County Funding Formula Rate $391.4980 $305.09 $296.5328 $257.9365 $253.3125 Runs Funding to Denton $45,805.26 $32,339.54 $37,066.61 $35,337.30 $45,089.63 RURAL SQUARE MILES: Denton's Covered Square Miles 32.02 22.40 22.40 21.47 19.65 Rural Sq. Miles Funding Total $17,373.25 $12,985.61 $14,474.89 $14,011.26 $13,108.17 COUNTY FUNDING TO DENTON $117,717.69 $113,949.47 $120,798.92 $116,022.62 $119,891.84 Table 1 OPTIONS Approve ordinance amendment or deny ordinance amendment. RECOMMENDATION Staff recommends the adoption of the proposed ordinance and agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Staff presented a review of ongoing costs to deliver fire services to the County in its budget process for FY2010/2011. Currently, there are no negotiations between the City and County on the provisions of the contract since the Commissioner's Court determines the annual contract amount. The previous County Ambulance funding contract was approved by the City Council on January 12, 2010. FISCAL INFORMATION The estimated ambulance fee for 2010 from the County is $119,891.84 which is a 33% increase from the last contract amount of $116,022.62 for fiscal year 2009/2010. EXHIBITS Ordinance Agreement Respectfully submitted: A Ross Chadwick Fire Chief Z'J]~ a~ =n.x~u'Oe~~ il[ nRb„fa c U 'iu~~~u2}.~c ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DEN`I'ON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The City Council of the City of Denton hereby approves an Interlocal Cooperation Agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and incorporated by reference herein. The City Manager, or his designee, is hereby aUtliorized to execute this Interlocal Cooperation Agreement on behalf of the City. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of a 2010. MARK A. BURROUGHS, MAYOR ATTEST:. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: THE COUNTY OF DENTON § § CITY OF DENTON § AMBULANCE SERVICES STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered by and between Denton County a political subdivision of the State of Texas, hereinafter referred to as "COUNTY", and the City of Denton, a municipal corporation, located in Denton County, Texas, hereinafter referred to as "AGENCY," and has an effective date of October 1, 2010. WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, AGENCY is a municipal corporation, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance service and related services for the benefit of the citizens of City of Denton; and WHEREAS, AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed, or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of COUNTY living in unincorporated areas of COUNTY which AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both COUNTY and AGENCY; and WHEREAS, COUNTY desires to expend County funds to defray the expense of establishing, operating, and maintaining the emergency ambulance service in the County; and WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act, and Section 774.003, Health and Safety Code, 2010-2011 Interlocal Cooperation Agreement-Ambulance servicesWenton - Page l of 7 NOW THEREFORE, COUNTY and AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: 1. TERM The term of this Agreement shall be for the period of October 1, 2010 to and through September 30, 2011. II. DEFINITIONS As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1, The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of AGENCY to a place where emergency medical treatment may be obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of AGENCY to the closest medical facility; B. "Rural area" means any area within the boundaries of COUNTY but outside the corporate limits of all incorporated cities, towns and villages within COUNTY, C. "Urban area" means any area within the corporate limits of an incorporated city, town or village within COUNTY. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time but shall be considered as only one call, III. SERVICES The services to be rendered under this Agreement are the ambulance services normally rendered by AGENCY to citizens of City of Denton in circumstances of emergency but which services will now be extended to all citizens of COUNTY residing in the unincorporated areas of 2010-2011 Interlocal Cooperation Agreement-Ambulance Service&/Denton - Page 2 of 7 COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY and COUNTY in this Agreement and as set forth in Exhibit A, attached hereto and incorporated by reference. It is recognized that the officers and employees of AGENCY have the duty and responsibility of rendering ambulance services to citizens of AGENCY and COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. 1V. PERFORMANCE OF SERVICES AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of AGENCY under this and shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of AGENCY and COUNTY. V. LIAISON OFFICER COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and AGENCY. The County Judge or her designated substitute shall devote sufficient time and attention to insure the performance of all duties and obligations of COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of COUNTY engaged in the performance of this Agreement. Vl. COMPENSATION COUNTY agrees to pay to AGENCY an estimated fee of $119,891.84 based on a funding formula as follows: 1. A fixed sum based on a population percentage .5511 per capita; said sum computes to $61,694.04. 2. A fixed sum of $253.3125 per ambulance transport for an estimated maximum amount of $45,089.63. Said sum is based upon 178 transports made by AGENCY in fiscal year 2010. 2010-2011 interlocal Cooperation Agreement-Ambulance Services/Denton - Page 3 of 7 3. A fixed sum based on 19.65 rural miles in the agreed operating territory; said sum computes to $13,108.17. The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an ambulance call for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by COUNTY. It shall be the responsibility of AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. mail, facsimile, or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VII. TERMINATION This Agreement may be terminated at any time by either AGENCY or COUNTY giving sixty (60) days advance notice in writing to the other party. In the event of termination by either party, AGENCY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses authorized by this Agreement then due and owed. Should AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. VIII. FINANCIAL RECORDS AGENCY agrees to make its financial records available for audit and/or review by COUNTY upon request by COUNTY. 2010-2011 Interlocal Cooperation Agreement-Ambulance Services.+Denion - Page 4 of 7 IX. RESPONSIBILITY OF COUNTY COUNTY, to the extent allowed by law, shall be responsible for the acts and negligence of all officers, employees and agents of COUNTY engaged in the performance of this Agreement. X. RESPONSIBILITY OF AGENCY AGENCY, to the extent allowed by law, shall be responsible for the acts and negligence of all officers, employees and agents of AGENCY engaged in the performance of this Agreement. XI. DEFAULT In the event of any default in any of the covenants herein contained, this Agreement may be terminated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice in writing to the defaulting party of such default and the intention to declare this Agreement terminated. Unless the default is cured, this Agreement shall terminate. XII. GOVERNMENTAL IMMUNITY The fact that COUNTY and AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a pant of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent possible under the law. Neither AGENCY nor COUNTY waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XIV. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between AGENCY and COUNTY and supersedes all prior negotiations, representations and/or Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. 2010-2011 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 5 ofI XV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall lie in Denton County. XV1. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent AGENCY and COUNTY that the remaining portions shall remain valid and in full force and effect to the extent possible. XVII. AUTHORITY The undersigned officer and/or agents of are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of AGENCY and COUNTY. EXECUTED in triplicate originals on the dates set forth below. COUNTY: Denton County, Texas 110 West Hickory Denton, Texas 76201 By: Mary Horn Denton County Judge Acting on behalf of and by the authority of Denton County Commissioners Court of Denton, Texas DATED:- ATTEST: BY: Denton County Clerk APPROVED AS TO FORM: BY: Assistant District Attorney AGENCY: City of Denton 332 E. Hickory Street Denton, Texas 76201 By;_ Name Title Acting on behalf of and by the authority of the City of Denton DATED: APPROVED AS TO CONTENT: BY: Denton County Fire Marshal APPROVED AS TO FORM: CITY ATTORNEY CITY OF DENTON, TEXAS 2010-2011 interlocal Cooperation Agreement-Ambulance ServiceslDenton - Page 6 of 7 AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Contract/Agreement. James Wells, Denton County Auditor 2010-2011 Unerlocal Cooperation Agreement-AEnbulance Smices/Denton - Page 7 of 7 ! E g \ M ' 9 Ilil C F x 4- (~J s IS MIVI IS J i L ~ U i"'" UD y'd, 11` .r Xt ~i ~4 Y4 ~y v 13NSf CV - <fi C=5 2 ~AU 99Z do r LdI{J ii LON r 7 7- V94z WA iirl r 8~ ] N 1 _ E W AV2JO AIN JOfI tyd D WIG { 1 1 T' W Iii t AGENDA INFORMATION SHEET AGENDA DATE: January 4, 2011 DEPARTMENT: Fire ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. BACKGROUND The Interlocal Agreement for Fire Service between the City of Denton and Denton County provides fire protection services by the Denton Fire Department to the County areas previously served by the Mayhill-Cooper Creek Volunteer Fire Department and a small portion of the Lake Cities Fire District now adjacent to the newly annexed City property in the southwest portion of Teasely (FM 2181). In 2003, Denton County requested that the City of Denton provide fire protection to the designated area due to Mayhill-Cooper Creek's continuing lack of sufficient resources to provide a proper response to fire calls. The County also requested in 2004 that the City respond to a small area next to Guyer high school on FM 2181 and Old Alton Road since the City of Denton's response time to the area was much quicker than Lake Cities Fire Department. This ongoing Interlocal Agreement is often delayed in the County's legal approval process, which also includes review by the Denton County Fire Chiefs Association as well as approval by the Commissioners Court as part of their budget process. After the City of Denton signs the agreement, the County Commissioners take their official action. Even though the contract is usually approved after its starting date, the agreement still remains effective from October 1, 2010 with no reductions in revenues. The Commissioners' court determines the total appropriation to pay for fire protection in the unincorporated County area each year and divides that amount by an estimated number of fire calls to arrive at a per fire reimbursement. Table 1 shows the five-year history of fire funding. Denton 2007 - Protect 2008 ion 2009 2006 to 2011 2010 2011 County Funding $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 Per Fire Call $368.10 per call $390.00 per call $400.00 per call $400.00 per call $450.00 per call Denton Fire Calls 75 78 78 27 28 Fire Call Funding $27,607.50 $30,420.00 $31,200.00 $10,800.00 $12,600.00 Total Denton Fire Funding $37,607.50 $40,420.00 $41,200.00 $20,800.00 $22,600.00 Table 1 OPTIONS Approve proposed ordinance or deny proposed ordinance. RECOMMENDATION Staff recommends the adoption of the proposed ordinance and agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Staff presented a review of ongoing costs to deliver fire services to the County in its budget process for FY2010/2011. Currently, there are no negotiations between the City and County on the provisions of the contract since the Commissioner's Court determines the annual contract amount. The previous County fire protection contract was approved by the City Council on January 12, 2010. FISCAL INFORMATION Denton County will pay the City $10,000 upon execution of the proposed agreement and reimburse the City for each fire call at the rate of $450.00 per fire call which is the same dollar amount per call reimbursement used in the 2009 agreement. The annual estimate for the reimbursement of fire calls is $10,800.00 based on an estimated 28 fire calls in the unincorporated County area. The total Fire Protection contract with the County is estimated to be $22,600.00 which is an 8.7% increase from last year's $20,800.00 contracted amount. EXHIBITS Ordinance Agreement Respectfully submitted: Ross Chadwick Fire Chief Z'b,, D~a-~ rds'Ordinares' 141'J11e pm c,- -agree-l z t3 dc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL, COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR FIRE PROTECTION SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The City Council of the City of Denton hereby approves an Interlocal Cooperation Agreement between the City of Denton and Denton County for fire protection services, a copy of which is attached hereto and incorporated by reference herein. The City Manager, or his designee, is hereby authorized to execute this Interlocal Cooperation Agreement on behalf of the City. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the -clay of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: THE COUNTY OF DENTON § § CITY OF DENTON § FIRE DEPARTMENT STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the City of Denton, a municipal corporation, located in Denton County, Texas, hereinafter referred to as "AGENCY," and has an effective date of October 1, 2014. WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, AGENCY is a municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged in the provision of fire protection services and related services for the benefit of the citizens of the City of Denton; and WHEREAS, AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act, and Chapter 352 of the Local Government Code, NOW, THEREFORE, COUNTY and AGENCY, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: 1. TERM The term of this Agreement shall be for the period of October 1, 2010 to and through September 30, 2011. II. cF.uvrrF.c The services to be rendered in accordance with this Agreement by AGENCY are the fire protection services normally rendered by AGENCY to citizens of Denton but which services will now be extended to all citizens of COUNTY residing in the unincorporated areas of 2010 2011 Interlocal Cooperation Agreement Fire Protection ServicesMenton - Page I of 6 COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY and COUNTY in this Agreement and as set forth in Exhibit A, These services are rendered in consideration of the basic funding and the separate per call fee set forth in this Agreement; for the common good and benefit; and to serve the public convenience and necessity of the citizens of COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety, and rescue services. The services to be rendered are as follows; A. AGENCY shall make available and provide emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the AGENCY; B. AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as "Denton" as set out in Exhibit "A" attached hereto and incorporated by reference. C. COUNTY agrees that, in the event a fire in the AGENCY's unincorporated designated area which AGENCY considers to be of incendiary nature and upon request by AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and assist in the prosecution of any case of arson. AGENCY shall not be responsible for investigations of suspected incendiary fires in the unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s). D. COUNTY agrees that the County Fire Marshal may assist in the conduct of appropriate investigations of a fire which AGENCY considers to be of incendiary nature in the AGENCY's incorporated designated area upon request by AGENCY, E. AGENCY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton County Fire Marshal, 9060 Teasley Lane, Denton, Texas 76210-4010. This forth will serve as the billing statement to COUNTY for reimbursement of calls made in the unincorporated designated area. The Denton County Fire Marshal shall provide the forms upon request from AGENCY. F. AGENCY, in the performance of its duties and responsibilities under this Agreement, shall have the responsibility, within the sole discretion of the officers and employees of AGENCY except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of AGENCY equipment and personnel, and the judgment of any such officer or employee as to any such matter shall be the final determination, 2010 - 2011 rnterlocal Cooperation Agreement - Fire Protection ServicesMenton - Page 2 of 6 III. MASON OFFICER COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and AGENCY. The County Judge or her designated substitute shall devote sufficient time and attention to this Agreement to insure the performance of all duties and obligations of COUNTY and provide supervision of COUNTY's employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of COUNTY and AGENCY. IV. PERFORMANCE OF SERVICE AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of AGENCY and COUNTY. V. COMPENSATION COUNTY agrees to pay to AGENCY for the full performance of services as provided in this Agreement the sum of TEN THOUSAND AND NO/100THS DOLLARS ($10,000.00), payable upon execution of this Agreement, and the further sum of FOUR HUNDRED FIFTY AND NO DOLLARS ($450.00) per fire call in the designated unincorporated areas of COUNTY from October 1, 2010 to September 30, 2011. COUNTY anticipates AGENCY to run approximately 28 fire calls for a total funding of $12,600.00 for fire calls. The total payments by COUNTY to AGENCY pursuant to this Agreement are estimated to be $22,600.00. COUNTY will make no payment to AGENCY for service provided outside the agreed service district whether by mutual aid Agreement or otherwise. AGENCY understands and agrees that payment by the COUNTY to AGENCY shall be made in accordance with the normal and customary processes and business procedures of COUNTY and in conformance with applicable state law. VI. FINANCIAL RECORDS AGENCY agrees to make available its financial records for audit and/or review as may requested or required by COUNTY. 2010 - 2011 tnterlocal Cooperation Agreement Fire Protection Smim/Denton - Page 3 orb VII. RESPONSIBILITY OF COUNTY COUNTY, to the extent allowed by law, shall be responsible for the acts, negligence, and/or omissions of all officers, employees, and agents of COUNTY while engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF AGENCY AGENCY, to the extent allowed by law, shall be responsible for the acts, negligence, and/or omissions of all officers, employees, and agents of AGENCY while engaging in the performance of this Agreement. IX. APPLICABLE LAW COUNTY and AGENCY understand and agree that liability under this contract is governed by V.T.C,A. Government Code Chapter 791 and V.T.C.A. Local Government Code Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible COUNTY and AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of any default in any of the covenants herein contained, this Agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this Agreement terminated. Unless the default is cured as aforesaid, this Agreement shall terminate as if that were the day originally fixed herein for the expiration of the Agreement. Xl. TERMINATION This Agreement may be terminated any time, by either party giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, AGENCY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should AGENCY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance 2010 - 2011 lnterlocal Cooperation Agreement - Fire Protection Servicc&fDcnton - Page 4 of 6 of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY The fact that COUNTY and AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither AGENCY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XIII. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between AGENCY and COUNTY and supersedes all prior negotiations, representations and/or Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both AGENCY and COUNTY, XIV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall lie in Denton County. Xv. SEVERABILITY 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 extent possible, XVI. AUTHORITY The undersigned officer 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 2010 2011 ]nterlocal Cooperation Agreement - Fire Protection Services.Denton - Page 5 of 6 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. XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals on the dates set forth below. COUNTY Denton County, Texas 110 West Hickory Denton, Texas 76201 By Mary Horn Denton County Judge Acting on behalf of and by the authority of Denton County Commissioners Court of Denton County, Texas. DATED: ATTEST: BY: Denton County Clerk APPROVED AS TO FORM: BY: Assistant District Attornf Denton County Fire Marshall I hereby certify that funds are available in the amount of $ accomplish and pay the obligation of Denton County under this Contract/Agreement. to James Wells, Denton County Auditor AGENCY City of Denton 332 E. Hickory St. Denton, Texas 76201 By_ Name Fire Chief Acting on behalf of and by the authority of the City of Denton DATED: APPROVED AS TO CONSENT: BY: 2010 - 2011 Interlocal Cooperation Agreement - Fire Protection Services/Denton - Page 6 of6 APPROVED AS TO FORM: CITY ATTORNEY CITY OF DENTON. TEXAS A Nt +1' } g e 6 ~ ~ ! rw U 06 J `4r „'t} Est;: '^t, as aY S OU~ p 9 9~ d i U 3z <7 Q d . 3I Cl A lVr7 I F e¢ I f e - +o ~q ~f ; . . II 00 A 4 j r s ~r 4) r ~ i ~j AGENDA INFORMATION SHEET AGENDA DATE: January 4, 2011 DEPARTMENT: Transportation Operations ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton closing, abandoning and vacating the Robertson Street grade crossing at its intersection with the formerly Missouri-Kansas-Texas Railroad Company right-of-way, the Robertson Street crossing centerline presently being located approximately 460 feet northwesterly of the centerline intersection of Mill Street/Morse Street with the formerly M-K-T Railroad Company right-of-way centerline and being situated in the Alexander Hill Survey, Abstract no. 623, City and County of Denton, Texas (The "Licensed Property"); and providing an effective date. BACKGROUND In October of 2009, the Mobility Committee approved a recommendation to City Council for the elimination of the Robertson Street crossing along the Denton County Transportation Authority (DCTA) commuter rail corridor. Based on a thorough assessment by DCTA, considering average daily traffic counts; morning and afternoon peak hour turning movements; school, transit and emergency vehicle routes, and existing street conditions, it was determined that greater benefit to the community could be realized by eliminating the crossing and realigning Robertson Street and Jackson Street. Closure and realignment will avoid future conflicts with vehicular, pedestrian, and bicycle traffic operations at this crossing and will provide a safer, quieter neighborhood. The elimination of any crossing immediately removes these conflict points and the need for railroad gates and lights, warning horns, bells and flashing beacons from a particular location. In October 2009, The Mobility Committee voted in favor of the proposed realignment of Robertson Street and reaffirmed their position at the September 2010 meeting. This option proposed to realign Robertson Street on the west side to connect with Wye Street west of the corridor and connect to Mill Street to the south. Jackson Street on the east side would be realigned with the remaining part of Robertson Street and would be renamed Jackson Street from the DCTA corridor south to where it would intersect with Morse Street. The extension of Robertson Street to Mill Street is in fact a private ring road for the school and DCTA has worked with The Denton Independent School District (DISD) to dedicate the necessary right of way (ROW) for the proposed realigned Robertson Street. DCTA is also working with The Fred Moore Day Nursery on the dedication of property along the north east corner of the Mill and proposed Robertson intersection. Agenda Information Sheet January 4, 2011 Page 2 of 3 The item for consideration is an ordinance that deems the Licensed Property is to be closed, abandoned and vacated for street purposes, save and except those public utility and drainage purposes provided for in that certain Quit Claim Deed from the City of Denton to Dallas Area Rapid Transit, such abandonment being conditioned upon, and effective only upon, the conveyance or dedication to the City of Denton of those tracts, or sufficient real property interests in those tracts, of real property described and depicted on Exhibit "B" in the ordinance. DISD has scheduled an item for the January 11, 2011, DISD Board meeting to consider the conveyance of the Robertson Street Rearrangement Tracts to the City of Denton. As stated above, the ordinance to convey is conditioned upon the conveyance of the necessary tracts by DISD and the Fred Moore Day School Nursery. Upon conveyance of these tracts, staff will bring back two follow up ordinances to officially change the street names affected in the Robertson Street realignment and establish necessary "No Parking Zones" along Robertson and Jackson Streets. In finalizing the plans on this proposal, it became evident that insufficient ROW existed between the east edge of Fred Moore School and the western edge of the rail corridor ROW. Therefore a non-standard section for a residential collector street is recommended for the proposed westerly alignment of Robertson Street as part of this proposal. Existing improvements on DISD property along with the rail corridor on the east allow less than 40 feet of ROW and will allow for a pavement section of 28 feet at the narrowest point. A standard residential collector street has a ROW width of 65 feet and 37 feet of pavement. Furthermore, a five-foot side walk may be facilitated on the west side (school side) of the new Robertson rather than the standard provision of sidewalks on both sides of the street. The Mobility Committee recommended this for consideration by the full Council at their September 2010 meeting. RECOMMENDATION Staff recommends approval of the proposed ordinance to close Robertson Street at the intersection with the DCTA rail corridor (formerly M-K-T). PRIOR ACTION/REVIEW (Council, Boards, Commissions) Mobility Committee recommended consideration of the Robertson Street closure and realignment proposal by DCTA. Traffic Safety Commission voted 6-2 to recommend on October 12, 2009. FISCAL INFORMATION DCTA will be responsible for costs associated with the proposed grade crossing closure. Agenda Information Sheet January 4, 2011 Page 3 of 3 EXHIBITS 1. Ordinance 2. Traffic Safety Committee Minutes - October 2009 3. Mobility Committee Minutes -September 14, 2010 Respectfully submitted, _)_~ZZ"_ Mark Nelson Transportation Director sAegahour documentslordinances1101robertson street - closure ordinance.doe ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON CLOSING, ABANDONING AND VACATING THE ROBERTSON STREET GRADE CROSSING AT ITS INTERSECTION WITH THE FORMERLY MISSOURI-KANSAS-TEXAS RAILROAD COMPANY RIGHT- OF-WAY, THE ROBERTSON STREET CROSSING CENTERLINE PRESENTLY BEING LOCATED APPROXIMATELY 460 FEET NORTHWESTERLY OF THE CENTERLINE INTERSECTION OF MILL STREET / MORSE STREET WITH THE FORMERLY M-K-T RAILROAD COMPANY RIGHT-OF-WAY CENTERLINE AND BEING SITUATED IN THE ALEXANDER HILL SURVEY, ABSTRACT NO. 623, CITY AND COUNTY OF DENTON, TEXAS (THE "LICENSED PROPERTY"); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has determined that the portion of Robertson Street that currently traverses the former M-K-T Railroad Company right-of-way corridor (presently owned by Dallas Area Rapid Transit, a Regional Transportation Authority) is no longer required for street purposes (the "Licensed Property", being specifically described in the caption above and being depicted on Exhibit "A", attached hereto); and WHEREAS, the Denton County Transportation Authority ("DCTA") has requested that Robertson Street, insofar and only insofar as it is located on the Licensed Property, be closed and abandoned by the City of Denton in respect to its use as a public road crossing of the railroad corridor; and WHEREAS, the Development Review Committee staff has reviewed and approved the DCTA construction documents related to the rearrangement of Robertson Street in relation to the street crossing closing and abandonment contemplated herein and also recommends approval of the subject abandonment petition; and WHEREAS, the City Council of the City of Denton has determined that the Licensed Property is no longer needed for street purposes, save and except those public utility and drainage purposes provided for and reserved in that certain Quit Claim Deed (herein so called) from the City of Denton to Dallas Area Rapid Transit recorded under Clerk's File Instrument Number 2010-43179, Real Property Records, Denton County, Texas; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Licensed Property is hereby closed, abandoned and vacated for street purposes, save and except those public utility and drainage purposes provided for in that certain aforementioned Quit Claim Deed from the City of Denton to Dallas Area Rapid Transit, such abandonment being conditioned upon, and effective only upon, the conveyance of dedication to the City of Denton of those tracts, or sufficient real property interests in those tracts, of real property described and depicted on Exhibit "B", attached hereto and made a part hereof by reference, in form and substance satisfactory to the City Attorney of the City of Denton (the "Robertson Street Rearrangement Tracts"). SECTION 2. The abandoned Licensed Property shall be owned as provided by law. Page 1 salegallour documentslordinancesll Robertson street - closure ordinance.doc SECTION 3. This Ordinance shall become effective upon the occurrence of the condition described in Section 1, above, as evidenced by the recordation of the contemplated conveyance instruments of the Robertson Street Rearrangement Tracts in the Real Property Records of Denton County, Texas. In the event such condition shall not occur on or before June 30, 2011, this Ordinance shall be null and void and of no force and effect. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: a Page 2 IF !r ~ F Ago- 45., V E 1 trw. 1 - - 2 ~ x a= r 4o r{. ` 11 _ " 1 ♦ + *I r Y c 'i 1 '4 a~ ~ i 0 4; Vxa.uog+.Ja~3d\Wiua9SaxtsoEJ apti~`J\ F- m m x Ld iai-as i..aoraz n n EXHIBIT "B" Robertson Street Attachment to Ordinance Sheet 1 :of7 Rearrangement Tract 1 F'arTo Donlinue-pendent 5000l District Alexander Hill Survey, Abstract No. 623 City of Denton, Denton County, Texas DESCRIPTION of a 13,710 square foot (0.315 acre) tract of land situated in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas; said tract being part of 1-R, Block 9, Alex Robertson Add'Rion, an addition to the City of Denton according to the plat recorded in Cabinet I, Page 105 of the Plat Records of Denton County, Texas; said 13,710 square foot tract being more particularly described as follows (bearing system for this survey is based on the Texas State Plane Coordinate System NAD-83(93), Ham Adjustment North Central Zone 4202 being the Denton County Transportation Authority network utilizing a surface scale factor of 1.000136506): BEGINNING, at a 112-inch iron rod found at the intersection of the west line of the Dallas Area Rapid Transit right-of-way (a variable width right-of-way, 100-foot wide at this point) and the north right-of-way line of Mill Street (a 60-foot wide right-of-way); said point being the southeast corner of said Lot 1-R; THENCE, North 89 degrees, 04 minutes, 26 seconds West, along the said north line of Mill Street, a distance of 62.19 feet to a 1!2-Inch iron rod found for corner, said point being the southerly southeast corner of that tract of land described in Correction Deed (without Warranties) to Fred Moore Day Nursery, Inc. recorded in Instrument Number 2007-21424 of the Official Public Records of Denton County, Texas; said point being the beginning of a non- tangent curve to the left; THENCE, departing the said north line of Mill Street and along the easterly line of said Fred Moore Day Nursery tract, the following five (5) calls: In a northerly direction, along said curve to the left, having a central angle of 67 degrees, 48 minutes, 33 seconds, a radius of 17.91 feet, a chord bearing and distance of North 06 degrees, 19 minutes, 45 seconds East, 18.98 feet, an arc distance of 21.20 feet to a point for corner at the end of said curve; North 30 degrees, 33 minutes, 16 seconds West, a distance of 76,81 feet to a point for corner; said point being the beginning of a non tangent curve to the left; In a northerly direction, along said curve to the left, having a central angle of 06 degrees, 01 minutes, 52 seconds, a radius of 381.13 feet, a chord bearing and distance of North 27 degrees, 32 minutes, 20 seconds West, 40.10 feet, an arc distance of 40.12 feet to a point for corner at the end of said curve; said point being the beginning of a non4angent curve to the left; In a northerly direction, along said curve to the left, having a central,angle of 05 degrees, 04 minutes, 40 seconds, a radius of 455,90 feet, a chord bearing and distance of North 25 degrees, 00 minutes, 01 seconds West, 40.39 feet, an are distance of 40.40 feet to a point for corner at the end of said curve; South 87 degrees, 32 minutes, 32 seconds West; a distance of 9.30 feet to a point for corner; THENCE, Forth 20 degrees, 27 minutes, 22 seconds West, departing the north line of said Fred Moore [lay Nursery tract, a distance of 72.71 feet to a point for corner; said point being the beginning of a non-tangent curve to the right; SHEET 1 OF 4 EXHIBIT "B" Attachment to Ordinance Shcet 2 of 7 Part of Denton Independent School District Alexander Hill Survey, Abstract No. 623 City of Denton, Denton County, Texas THENCE, in a northerly direction, along said curve to the right, having a central angle of 02 degrees, 15 minutes, 33 seconds, a radius of 2,324:82 feet, a chord bearing and distance of North 24 degrees, 49 minutes, 15 seconds West, 91.67 feet, an arc distance of 91.67 feet to a point at the end of said curve; said point being the beginning of a curve to the left; THENCE, in a northerly direction, along said curve to the left, having a central angle of 10 degrees, 58 minutes, 26 seconds, a radius of 265.00 feet, a chord bearing and distance of North 29 degrees, 09 minutes, 58 seconds West, 50.68 feet, an arc distance of 50.76 feet to a point at the end of said curve; said point being In a non-tangent curve to the right; THENCE, in a southeasterly direction, along said curve to the right, having a central- angle of 17 degrees, 22 minutes, 38 seconds, a radius of 421.68 feet, a chord bearing and distance of South 42 degrees, 53 minutes, 51 seconds East, 127.40 feet, an arc distance of 127.89 feet to a cut in concrete found at the end of said curve; said point being the beginning of a non- tangent curve to the left; said point also being in the said west line of the Dallas Area Rapid Transit right-of-way; THENCE, in a southerly direction along the said west line of the Dallas Area Rapid Transit right- of-way along said curve, having a central angle of 07 degrees, 39 minutes, 38 seconds, a radius of 2,239.33 feet, a chord bearing and distance of South 29 degrees, 14 minutes, 28 seconds East, 299.18 feet, an arc distance of 299.40 feet to the POINT OF BEGINNING; CONTAINING: 13,710 square feet or 0.315 acres of land, more or less. (A survey plat of even date herewith accompanies this legal description) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the tract described. lb ~a Michael Larry L wls, r. We Registered Professional L r6d Surveyor No. 5773 Pacheco Koch Consulting Engineers, Inc. 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235.3031 TX Reg. Surveying Firm LS-100080-00 3038-09258EX12.dwe 3038.09.258EX12.doc rml SHEET 2 OF 4 EXHIBIT "B" Attachment to Ordinance Sheet 3 of T MATCHUNE (SEE SHEET 4) LOT 1-R, BLOCK 9 ALEX R08ERTSON ADDITION VaA (CAB. I, PG. 105) ~S 87'32'32" W 9.30 A-5'04'40" R=455.90' L=40.40' T=20.21' CB=N 25°00'01" W CD=40.39' 0 20 40 80 6-7°39'38" R-2239.33' GRAPHIC SCALE IN FEET L=299.40' rG T=149.92' CB=S 29°14'28" E CD-299.1$' LOT 1-R, BLOCK 9 TP ALEX ROBERTSON° ADDITION Q, • (CAB. I, PG. 105) 0 TRACT 2 FRED MOORE DAY A--6'01'52" 4b V/1 NURSERY, INC. R=381.13` (INST. NO. 2007-21424) L=40.12' T=20.08' 01 13710 CB-N 27°32'20" W 01. 0.315 ACRES) CIA=40.10' DRAINAGE AND UTILITY 25' BUILDING SETBACK LINE NO, ORDINANCE (CAB. 1, PG. 105) N0. 92-048 203.27' (001.. 3184, PG. 284) A-67048'33" N $904`26" W 1-INCH IRON ILL ' 62.19 DD FOUND M ~ R=17.91 1/2-INCH IRON- (C,MJ 0 L=21.20' OD FOUND T=12.04' (o M.) S T ca=N 05°19'4 " POINT OF CD=19.98 BEGINNING 50.0 saoasD.a37 s5.1;37 \ NOTES: 1, A legal description of even survey dote herewith accompanles this plat of survey. 2. Bearing system for this survey is based on the Texas State Plante Coordinate System NAD-83(93), Harn Adjustment North Central Zone 4202 being the Denton County Transportatlon Authority network utiilzing a surface scale factor of 1.000136506. P h 8350 N. CENTRAL EXPWY. SUITE 1000 h ac eco oc DALLAS, TX 75200 972.235.3031 11 MAW V REC. ENGINEERING FIRM F-469 DALLAS . PORT WORTH . HOUSTON Tx REp, SURVEYING FIRM LS-IODOW-00 DRA*W BY 0MCKEV BY 60044E GATE JGB AROVER RMT ML.t 1"=40' NOV. 2010 3035-09.238 - - - PROPERTY LINE PROPOSED RIGHT-OF-WAY LINE EXISTING EASEMENT LINE 0 POINT FOR CORNER (UNLESS OTHER"SE NOTED) XF CUT IN CONCRETE FOUND In 1.1 1 CONTROLLING MONUMENT Robertson Street Rearrangement Tract 1 PART OF DENTON INDEPENDENT SCHOOL DISTRICT ALEXANDER HILL SURM, ABSTRACT NO. 623 CITY OF DENTON, DENTON COUNTY, TEXAS SHE Er 3 of 4 DWG FILE: 3038-09.258EX12nV EXHIBIT "B" Attachment to Ordinance Sheet 4 of 7 -LEGEND 1 - - PROPERTY LINE PROPOSED RICHT-OF-wAY LINE EXISTING EASEMENT LINE O POINT FOR CORNER (UNLESS OT XF CUT IN CONCRETE FOU FOUND fir M) CONTROLLING MONUMENT 0 20 40 80 rr. ' qR~ ts% 4► GRAPHIC SCALE IN FEET 400%, 4Z4 0 ,y ~ ~ ra4l 1 1 13 16' DRAINAGE do UTILITY 0.315 ACRES) ym EASEMIENT (CAS, N, PG. 105) ~y X10.58'26" CQ R=265.00 i1 &17°22'38" . L=50.76 R=421.68 9 T=25.46' L=127.89' • CB=N 29°09'58" W T=64.44' ~~A CD=50.68' CB=S 42`53'51" E of pn CD=127.40 LOT 1--R, BLOCK 9 , DRAINAGE AND UTILITY ALEX ROBERTSON ~=2'15'33" EASE 92E 048 INANC£ AD0111ON R=2324.82' (VOL 3154.1=G. 294) (CAB, 1, PG. 105) L=91.67' LF=7'39'38" T=45.84' R=2239.33' CB=N 24.49'15" W L=299.40' CD=91.67' T=149.92' N 20°27'22" W CB=S 29°14'20" E 72.71' CD=299.18' N1rrr■ Il.lwre Iwr. a>_ MATCHLINE (SEE SHEEN' 3) The undersigned, Registered Professional Land Surveyor, hereby certifies that this plot of survey accurately sets out the metes and bounds of the tract described. w, $f.' 1 MGM' o Michael Larry L."Is, Jr. at ► o Registered Professional e Land Surveyor No. 5773 F a Nom: 1. A legal description of even survey date herewith occomponles this plat of survey. r.To 2. Bearing systern for this survey is based on r,4,108' q"i-0.- the Texas State Plane Coordinate System NAD-83(93), Horn Adjustment North Central Zone 4202 being the Denton County IfCiRkL......... JR Transportation Authority network utilizing a ;.e0 5773 ~v,:4 surface scale factor of 1.000136505. Robertson Street Pacheco Koch OSALLLLAS; cT"XNai .Exp9,s.'s 3o 111 TX REG. ENGINEERING FIRM F-469 DALLAS = FORT WORTH . HOUSTON TX R EO, SuRv"NG f1RM LS-100oft- 00 DRAWN BY CAfEcx D BY SCALE alI E JW IYTA1M11 RMT MLL 1"-44` Nov. 2014 3038--09.258 Rearrangement Tract 1 PART OF DENTON INDEPENDENT SCHOOL DISTRICT ALEXANDER HILL SURVEY, ABSTRACT NO. 823 CITY OF DENTON, DENTON COUNTY, TEXAS SHEET 4 OF 4 DWG FILE: 3038-09.258EX12.DV EXHIBIT "B" Robertson Street Attachment to ordinance Sheet 5 of 7 Rearrangement Tract 2 Part of Fred Moore Day Nursery, Inc. Alexander Hill Survey, Abstract No. 623 City of Denton, Denton County, Texas DESCRIPTION of a 3,131 square foot (0.072 acre) tract of land situated in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas; said tract being part of that tract of land described as Tract 2 in Correction Deed (without Warranties) to Fred Moore Day Nursery, INC. recorded in Instrument Number. 2007-21424 of the Official Public Records of Denton County, Texas; said 3,131 square foot tract being more particularly described as follows (bearing system for this survey is based on the Texas State Plane Coordinate System NAD- 83(93), Harn Adjustment North Central Zone 4202 being the Denton County Transportation Authority network utilizing a surface scale factor of 1.000136506): COMMENCING, at a 112-inch iron rod found at the Intersection of the west line of the Dallas Area Rapid Transit right-of-way (a variable width right-of-way, 100 foot wide at this point) and the north right-of-way line of Mill Street (a 60-foot wide right-of-way); said point being the southeast corner of Lot 1-R, Block 9, Alex Robertson Addition, an addition to the City of Denton according to the plat recorded in Cabinet 1, Page 105 of the Plat Records of Denton County, Texas; THENCE, North 89 degrees, 04 minutes, 26 seconds West, along the said north line of Mill Street, a distance of 62.19 feet to a 112-Inch iron rod found at the POINT OF BEGINNING; said point being the southerly southeast corner of said Fred Moore Day Nursery tract; THENCE, North 89 degrees, 04 minutes, 26 seconds West, continuing along the said north line of Mill Street, a distance of 15.71 feet to a point for corner; said point being the beginning of a non-tangent curve to the right; THENCE, departing the said north line of Mill Street, in a northwesterly direction, along said curve to the right, having a central angle of 00 degrees, 55 minutes, 25 seconds, a radius of 2,304.65 feet, a chord bearing and distance of North 31 degrees, 31 minutes, 34 seconds West, 37.15 feet, an arc distance of 37.15 feet to a point at the end of said curve; THENCE, North 20 degrees, 27 minutes, 22 seconds West, a distance of 134.35 feet to a point for corner in the north line of said Fred Moore Day Nursery tract; THENCE, along the north and east lines of said Erred Moore Day Nursery tract the following five (5) courses calls: North 87 degrees, 32 minutes, 32 seconds East, a distance of 9.30 feet to a point for corner; said point being the beginning of a non-tangent curve to the right; In a southerly direction, along said curve to the right, having a central angle of 05 degrees, 04 minutes, 40 seconds, a radius of 455.90 feet, a chord bearing and distance of South 25 degrees, 00 minutes, 01 seconds East, 40.39 feet, an arc distance of 40.40 feet to a point at the end of said curve; said point being the beginning of a non-tangent curve to the right; In a southerly direction, along said curve to the right, having a central angle of 06 degrees, 01 minutes, 52 seconds, a radius of 381.13 feet, a chord bearing and distance of South 27 degrees, 32 minutes, 20 seconds East, 4010 feet, an arc distance of 40.12 feet to a point at the end of said curve; SHEET 1 OF 3 EXHIBIT °B" Attachment to Ordinance Sheet 6 of 7 Part of Fred Moore Day Nursery, Inc. Alexander Hill Survey, Abstract No. 623 City of Denton, Denton County, Texas South 30 degrees, 33 minutes, 16 seconds East, a distance of 76.81 feet to a point for corner; said point being the beginning of a tangent curve to the right; In a southerly direction, along said curve to the right, having a central angle of 67 degrees, 48 minutes, 33 seconds, a radius of 17.91 feet, a chord bearing and distance of South 05 degrees, 19 minutes, 45 seconds West, 15.98 feet, an arc distance of 21.20 feet to the POINT OF BEGINNING; CONTAINING: 3,131 square feet or 0.072 acres of land, more or less. (A survey plat of even date herewith accompanies this legal description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the tract described. "I//.. x0 Michael Larry Le is, Jr. Date Registered Professional La Surveyor No. 5773 Pacheco Koch Consulting Engineers, Inc. 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-100080-00 3038-09.258EX 13.dn 3038.09.25BEX13.doc rmt SHEET 2 OF 3 A . EXHIBIT "B" Attachment to Ordinance --a Sheet 7 of 7 \ \ LEGEND LOT 1-R, BLOCK 9 ` PROPERTY LINE PROPOSED R1CHT-OF-WAY LINE ALEX ROBERTSON ADDITION " EXISTING EASEMENF LINE O POINT FOR CORNER (CAB. I, PG. 105) ` (UNLESS arH.ERwISe NOTED) XF CUT IN CONCRETE FOUND N 87'32'32" E \ (t~i.M.) CONTROLLING MONUMENT 9.30' \ 6=-5004'40" 0 20 40 80 R-455.90' L=40 40' GRAPHIC SCALE IN FEET r 2 T-20.21' CB=S 25°00'01 " E CD=40.39' R=381.13' L=40.12' > ,p T-20.08' Z r} p CL7-S 27'32'20" E CD=40.10' OA ~4 \ ~ \ \ 1-0,00 i A N 89°04'28" W 1NCH IRON ROD FOUND 'Q-INCH IRON ROD FOUND (C.M.) POINT OF SEE TW BEGINNING POINT OF COAIWENCING _ Sfl.03'~ SD.03' 50.03' T ~ 50. 0 55:03' TRACT 2 FRED MOORE DAY N NURSERY, INC. 200 7-21 42 4) NO (INST t . . LS-=0'55'25" Q' v R=2304.65' L=37.15' A` T=18.58' cr. CB-N 31'31'34" W CD=37.15' 25' BUILDING SETBACK LINE (CAB. I, PG. 105) 203.21' N 89°04' 26" W MILL o 15.71' The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of i survey accurately sets out the metes and bounds of the tract described. OF Tsr s n MICHAEL..ARRY LEWD L. <:9 57?3 Pte: o Michael Larry mLe s, Jr. w at 9 ; PAF88 ti9.2 Registered Professional F'J ~•S jSiN~ Land Surveyor No. 5773 1. A legal description of even survey date herewith accomponles this plat of survey. 2. Bearing system for this survey Is based on the Texas State Plane Coordinate System NAD-83(93), Horn Adjustment North Central Zone 4202 being the Denton County Transportation Authority network utilizing a surface scale factor of 1.000136506. 8350 N. CENTRAL EXPWY. SWTE 1000 Pacheco Koch DALLAS. TX 75206 972.235.3031 TX REQ. ENGINEERING FIRM F-488 DALLAS . FORT WORTH . HOUSTON TX REQ. SURVEYING FIRM LS-100080-1 ONAWN BY CleCKED BY SCALE OA rE JOB AAfA1BEN a RMT MLL 1"=400 NOV. 2010 3038--09.258 Robertson Street Rearrangement Tract 2 PART OF FRED MOORE DAY NURSERY, INC. ALEXANDER HILL SURVEY. ABSTRACT NO. 623 CITY OF DENTON. DENTON COUNTY, TEXAS SHEET 3 OF 3 %-n' i. A-67`48'33" R=17.91' y L.-21.20' J T=12.04' CB=S 05'19'45" W CD=19.98' DRAINAGE AND UTILITY CASEMENT ORDINANCE NO. 92-048 (VOL 3184, PG. 2$4) DWG FILE: 3038- I EXCERPT MINUTES 2 TRAFFIC SAFETY COMMISSION 3 October 12, 2009 4 5 After determining that a quorum of the Traffic Safety Commission of the City of Denton, Texas 6 was present, the Chair of the Traffic Safety Commission thereafter convened into an Open 7 Meeting on Monday, October 12, 2009 at 5:33 p.m. in the City Council Chambers, City of 8 Denton City Hall, 215 E. McKinney Street, Denton, Texas. 9 10 Present: Chair John Crew, Michael Green, Connie Baker, Pat Cheek, Howard Draper, 11 Marion Scott, Kim Spivey and Zackary Tucker 12 13 Absent: Ralph Glass, unexcused 14 15 Also Present: Bud Vokoun, Traffic Engineer; Mark Nelson, Transportation Director, Ann 16 Forsythe, Boards and Committee Coordinator; Jim Witt, President, DCTA; Dee 17 Leggett, Vice President of Communications & Planning, DCTA; Tim Schmidt, 18 Operations Manager-Rail & Transit Systems, Lockwood, Andrews and Newnam, 19 Inc. 20 21 OPEN MEETING: 22 23 2) Receive a report; hold a discussion and make recommendation(s) to the Mobility Committee 24 to make a recommendation to City Council to approve the elimination of the crossing of 25 Robertson Street at the rail corridor. 26 Bud Vokoun, Traffic Engineer, stated that representatives from DCTA were in attendance and 27 will discuss the specifics of the topic tonight. Vokoun then stated that city staff and DCTA 28 representatives met to review the crossings and to look at potential ramifications and 29 considerations as the project moves forward. DCTA, in particular and for various reasons, 30 wanted to look at closure of a few locations. DCTA met with DISD and city staff and decided 31 there is the potential for one closing which was on Robertson Street. A number of scenarios 32 were considered and the ones thought to be the most appropriate were presented during two 33 public meetings in the neighborhood. Vokoun then added that DCTA sent notices to all residents 34 within approximately 300' of the high school which is the location for the proposed closure. 35 Vokoun then asked DCTA to give its presentation. 36 Jim Witt, President, DCTA, stated DCTA has been working on this project since June of this 37 year. There have been fourteen documented meetings; six with individuals and businesses in the 38 area, five with the DISD, and two with the neighborhood association. A public hearing was held 39 on September 8, 2009 at Fred Moore High School at which time various options were reviewed. 40 Witt stated that DCTA's goal is one of safety and concern. While there are two crossings that 41 are in fairly close proximity in this area, DCTA believes that the best option would be the 42 realignment of Robertson Street. 43 Witt then introduced Tim Schmidt, Operations Manager, whose group has done most of the work 44 on the realignment. Schmidt will present what appears to be, at this time, the option that has the 45 most support and least impact on the neighborhood. Witt stated there were negative comments 46 regarding the options that would create additional impacts on the neighborhood, particularly 47 when routing more traffic down Cross Timbers, past a day care and past Fred Moore High 48 School to the west side. DCTA chose not to bring those forward for any consideration. Draft Minutes of the Traffic Safety Commission meeting October 12, 2009 Page 2 of 3 1 Schmidt stated that Robertson will continue east and west, be connected between Bell Avenue 2 and Morrison Milling, and turns behind Morrison Milling. DCTA is looking at pushing it 160 3 feet to the west and turning Robertson onto "Y" Street, closing the crossing and realigning some 4 of Jackson Street. DCTA worked with the DISD by making "Y" Street two way traffic and 5 turning it into Robertson Street which would eliminate approximately eighteen to twenty parking 6 spaces. DCTA worked with DISD to reconfigure and create additional parking to mitigate 7 parking that would be lost. Witt than asked if there were any questions. 8 Vokoun added that currently the buses come in and load students counter clockwise which 9 means that students cross and come from behind the back of the bus. Vokoun also added that the 10 Transportation Director for DISD has indicated a preference for Option 4B because buses will 11 then have a clockwise circulation when dropping students off in the front of the school on the 12 school side rather than across the street. 13 Commissioner Michael Greene asked if grading will occur on Robertson Street to reduce an 14 existing small hill. Witt replied that some grading will occur, but a small hill will still exist. 15 Commissioner Greene then asked what makes Option 4b the best option. Witt stated that while 16 it is offers the same connection of Mill and Morse to Bell Avenue, the realignment will take the 17 Robertson connection from the east side of the rail and put it on the west side of the rail. Witt 18 added that with Option 1 DCTA did not address the loss of DISD parking spaces. Witt also 19 stated that with Option 1 when driving down Y Street and stopping at the stop bar, one has to 20 look both ways to see oncoming traffic and with the hill and the curve on Robertson that will 21 create an unsafe condition. Vokoun stated there is the concern of the appearance of slip ramp 22 which could encourage traffic on Y Street to travel through the DISD property using it to get 23 onto Robertson without stopping. 24 Chair John Crew asked what is the main factor in closing? Witt replied that it is its proximity to 25 Robertson and with the rail line going through close to Morrison Milling Company; DCTA is 26 trying to minimize the potential for trains, vehicles, and pedestrians in one location. 27 Chair Crew then asked if there would be a one for one trade off for the closing. Vokoun replied 28 that staff was unable to locate an alternate viable crossing that would realize any accommodation 29 to the public. Chair Crew then asked if there would be a traffic signal at Y Street. Vokoun 30 replied that based on traffic volumes there is no need for a signal; however, a review after 31 constriction will occur to determine if installation of a four way stop is warranted. 32 Commissioner Howard Draper asked on which side of the railroad tracks bike trails would be 33 located. Witt replied that the hike and bike trail is currently on the east side and will be rebuilt. 34 Chair Crew then opened the meeting for citizen comments. 35 A total of six citizens spoke to the Commission. Of those six, five stated that were in favor of 36 progress but expressed that the desire for additional sound barriers and beautification efforts. 37 The sixth citizen spoke in opposition of all options stating he did not want the train located in 38 southeast Denton. 39 The public meeting ended at 6:34 p.m. 40 After discussion by the Commissioners regarding better communication, beautification and 41 buffering efforts, Commission Zachary Tucker moved to make a recommendation to the Draft Minutes of the Traffic Safety Commission meeting October 12, 2009 Page 3 of 3 1 Mobility Committee to recommend to the City Council to approve the elimination of the crossing 2 of Robertson Street at the rail corridor (Option 4b) with a second from Chair John Crew. 3 After additional discussion, the recommendation was amended to direct DCTA to continue to 4 work with the residents about sound barriers and beautification efforts. 5 The amended motion was approved by a 6-2 vote. 6 The meeting was adjourned by consensus at 8:05 p.m. 7 2 EXCERPT MINUTES 3 City Council Mobility Committee 4 Tuesday, September 14, 2010 5 6 After determining that a quorum of the Mobility Committee of the Denton City Council was 7 present, the Chair of the Committee on the Mobility thereafter convened into a meeting on 9 Tuesday, September 14, 2010 at 1:07 p.m. in the City Council work session room, 215 E. 9 McKinney Street, Denton, Texas. 10 11 Present: Chair Pete Kamp Council Member Dalton Gregory 12 Mayor Mark Burroughs, (1:14) 13 14 Also Present: Mark Nelson, Transportation Director; Jim Coulter, Director Water Utilities; 15 Emerson Vorel, Director Parks and Recreation; Bryan Langley, Director of Finance; Fred 16 Greene, Assistant City Manager; Jon Fortune, Assistant City Manager; George Campbell, City 17 Manager; Anita Burgess, City Attorney; John Cabrales, Public Information & Intergovernmental 18 Relations Officer; John Polster, ITS; Lindsey Baker, Assistant to the City Manager; Kim 19 Mankin, Administrative Supervisor; Dee Leggett, DCTA, Tom LeBeau, DCTA and Tim 20 Schmidt, LAN (DCTA consultant). 21 22 23 24 3) Receive a report; hold a discussion and take appropriate action concerning the 25 elimination of the existing grade crossing of Robertson Street on the Denton County 26 Transportation Authority rail corridor. 27 29 Mark Nelson recognized Dee Leggett, Tom LeBeau, and Tim Schmidt representing DCTA. 29 Nelson stated this Committee last discussed this issue back in October of last year and 30 recommended approval of Option 4b. Since that time staff has identified some technical details 31 with that option and are recommending the option as presented in Exhibit 2. It is essentially the 32 same alignment; however, the right of way (ROW) between Fred Moore School and the DCTA 33 rail corridor will only permit a 28-foot wide pavement section and less than 40 feet of total right 34 of way. The standard pavement section and ROW for a residential collector is 37 feet and 65 35 feet, respectively. Nelson discussed the need for no parking zones along the realigned Robertson 36 and the proposed realignment of Jackson Street on the east to enhance safety for pedestrians and 37 motorists. Staff recommends approval of the proposal and will carry the no parking zone request 39 to the Traffic Safety Committee in October. What staff is trying to do at the request of DCTA 39 with the support of DISD staff is to realign Roberson Street. This realignment will take in Wye 40 Street, which is a private street around Fred Moore School. That corridor is just less than 40 feet 41 wide. At the northeast corner of Fred Moore school that creates a difficult challenge. With the 42 challenge staff has decided to go with a non-standard street section. There will be a sidewalk 43 included on the west side of the corridor. At its narrowest point the street is 28 feet wide, 44 standard is 37 feet. Burroughs asked if the speed limit was 20 MPH in this area. Nelson 45 answered that it will be, staff also will have to go back to the Traffic Safety Committee to get the 46 no parking signs for that area. That meeting is on October 4. Nelson also stated that on 47 Jackson Street it would be posted of the narrow lanes. Kamp asked about a fence. Dee Leggett, Excerpt - Minutes of the Mobility Committee Meeting September 14, 2010 Page 2 of 2 1 DCTA, a grant has been received to add a fence however that fence will not be put up until after 2 this project is completed, late July or early August. The rail will be in operation about 2 months 3 before the fence is installed. Kamp stated that she doesn't know what the specific 4 recommendation was but is there going to be a temporary fence in place before the permanent 5 fence is installed. Tom LaBeau, DCTA, stated that it can be revisited but there can certainly be a 6 temporary fence put up in the interim. Gregory asked for clarification on the fence, what will the 7 fence separate. Leggett stated that one of the items that the community identified was the 8 request for a fence. The fence will be on the west side of the rail and the east side of Robertson. 9 Burroughs stated that one of the changes on the maps provided was the entrance on Wye Street 10 from Fred Moore School. There will be no access from that road to the School. Nelson stated 11 that the desire on this problem from DISD was to reduce the opportunity from traffic to cut 12 through the parking lot of the school. The traffic will flow counterclockwise from Cross 13 Timbers Street through the parking lot, this is DISD's preferred route. 14 15 Dalton Gregory moved that the committee move this item forward to City Council. Mark 16 Burroughs seconded the motion. The vote was 3-0 approved. 17 18 19 The meeting was adjourned by consensus at 1:56 p.m. AGENDA INFORMATION SHEET AGENDA DATE: January 4, 2011 DEPARTMENT: Finance A~T 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 Solid Waste Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $2,979,205 to allow the Solid Waste Department to purchase and acquire refuse and recycling vehicles and equipment in order to continue providing solid waste refuse and recycling collection operations; and providing an effective date. The Public Utilities Board recommends approval (6-0). BACKGROUND The Solid Waste Department will be utilizing $2,979,205 in Certificates of Obligation (COs) for the purchase of refuse and recycling collection vehicles and equipment. Initially, expenditures will be charged to the unreserved fund balance of the Solid Waste Department and will be reimbursed with COs sold in Fiscal Year (FY) 2010-11. The FY 2010-11 Budget assumed funds from the issuance of bonds would pay for these expenses but the bond sale will not occur until late spring 2011. As a result, a reimbursement ordinance is needed to avoid a delay in the purchase of this equipment. OPTIONS 1. Temporarily suspend purchasing equipment related to the Capital Improvement Program until funds are available through the bond sale. 2. Continue operations through this method of reimbursement. RECOMMENDATION Approve the reimbursement ordinance for expenditures related to ongoing capital expansion. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board approved this item at their December 13 meeting. Agenda Information Sheet January 4, 2011 Page 2 FISCAL INFORMATION This ordinance will allow $2,979,205 from the Solid Waste Fund unreserved fund balance to be expended and subsequently reimbursed with COs. Respectfully submitted: 45S Bryan Langley Chief Financial Officer s:ALegal\Our DOCLImems\Ordinances\IO\Reinib Lirsenient-sW refuse & recycling vehicles & egUip.dne ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE SOLID WASTE FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE MAXIMUM PRINCIPLE AMOUNT EQUAL TO $2,979,205 TO ALLOW THE SOLID WASTE DEPARTMENT TO PURCHASE AND ACQUIRE REFUSE AND RECYCLING VEHICLES AND EQUIPMENT IN ORDER TO CONTINUE PROVIDING SOLID WASTE REFUSE AND RECYCLING COLLECTION OPERATIONS; 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 for purchase of refuse and recycling collection vehicles and equipment with unreserved fiend balance of the Solid Waste Fund and will be reimbursed with Certificates of Obligations sold in Fiscal Year 2010-11; 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 Project; 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 $2,979,205 for the purpose of paying the costs of the Project, as set forth in the attached Attachment "A", which is made a part. 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 purchase of refuse and recycling collection vehicles and equipment 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 (l) 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 Solid Waste Fund for the Project set forth in Attachment "A" to pay any costs of the Project shall be reimbursed from Certificate of Obligation bond proceeds within the 2010-2011 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. SAL,egahOur D cumentslOrdinancesllOJ Reinibursernent-SW refuse & recycling vehioles & equip.doc SECTION 4. 'This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK. A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY A'TTORNE'Y f BY: Page 2 of 2 Ln 0 Ln 0 0 0 0 0 0 Ln O O O O Ln W 0 I, Ln r, 0 0 0 0 0 0 r- M O 0 0 0 0 0 N O N O O W O O O N Ln O O O c,4 - pp I~ N n O O <D O Ln Ln n N N N N 6> Ln w Ln Ln ' l0 l0 N r, l0 -q l0 l0 <D ti Ln N r14 r-I N N U ) N N N N N N t- N r r E N J Cn C O J LL L J LL Q a Q 0 a) m N cu Y 0 C ~ N c > U N ` > ~ ~ ~ a) 1 L) H ~%7 N C Y Y O H Q_ Y o V u u u = Y L E U Y U L L 2 2 L 2 L LL V) Q O U H J 7 L L LL u W H H H w C p N in O ` W Z 7 Y J ~2 W Z W Z W Z M E ~5 O N O 1 H u (5 L 06 C7 U U W W W W W Q W W W W W ~ N Z o_ o_ o_ Q S o_ o_ o_ W J o_ o_ o_ fn LL J o ~ a a a U ~ 41 N ~ 7 `1 U N `e N Y Y 7 U U Y Y Y O Y L U L U U U Q ~ L W L W ~ ~ ~ ~ L O J G _ W Z W Z W Z N Y < H 0 LL Q \ U _ o Q W o W W W W W O > c c 0_ LL d J 0_ 0_ d E E E U U U U U U L U 0 \ O O O (p (p N N N N N 0 N !n N 0 N 0 N + + 0 > > > > O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N M M -q -q -q -q O O O O O O O O O O O O O O lD lD lD lD lD lD lD lD lD lD lD lD lD lD m lD lD lD lD lD lD lD lD lD lD lD lD lD lD Q Z 5W G 2 U Q H Q O O N N O r r r r J_ LL X X Q c N E U co Q AGENDA INFORMATION SHEET AGENDA DATE: January 4, 2011 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 Wastewater Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $500,000 to allow the Wastewater Department to purchase and acquire equipment for the beneficial reuse division; and providing an effective date. The Public Utilities Board recommends approval (6-0). BACKGROUND The Wastewater Department will be utilizing $500,000 in Certificates of Obligation (COs) to purchase equipment for the beneficial reuse division. Initially, expenditures will be charged to the unreserved fund balance of the Wastewater Department and will be reimbursed with COs sold in Fiscal Year (FY) 2010-11. The FY 2010-11 Budget assumed funds from the issuance of bonds would pay for these expenses but the bond sale will not occur until late spring 2011. As a result, a reimbursement ordinance is needed to avoid a delay in the purchase of this equipment. OPTIONS 1. Temporarily suspend operations on the capital improvement program until funds are available through the bond sale. 2. Continue operations through this method of reimbursement. RECOMMENDATION Approve the reimbursement ordinance for expenditures related to ongoing capital expansion. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board approved this item at their December 13 meeting. Agenda Information Sheet January 4, 2011 Page 2 FISCAL INFORMATION This ordinance will allow $500,000 from the unreserved fund balance of the Wastewater Fund to be expended and subsequently reimbursed with COs. Respectfully submitted: 4, 3s~ Bryan Langley Chief Financial Officer s:ALegat\Our Docunlents\OrdinanceslIO\Reimbursenient-WW equip bone reuse div.doc ORDINANCE NO.. AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE WASTEWATER FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE MAXIMUM PRINCIPLE AMOUNT EQUAL TO $500,000 TO ALLOW THE WASTEWATER DEPARTMENT TO PURCHASE AND ACQUIRE EQUIPMENT FOR THE BENEFICIAL REUSE DIVISION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporatioiv'political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures for purchase of equipment for beneficial reuse division with unreserved fund balance of the Wastewater Fund and will be reimbursed with Certificates of Obligations sold in Fiscal Year 2010-11; 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 Project; 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 $500,000 for the purpose of paying the costs of the Project, as set forth in the attached Attach rent "A", which is made a part 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 equipment for beneficial reuse division 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 Wastewater Fund for the Project set forth in Attachment "A" to pay any costs of the Project shall be reimbursed from Certificate of Obligation bond proceeds within the 2010-2011 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. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 5 7011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY, f Page 2 of 2 O O O O O O O O L O N E N LU v> to C N N _ U CC O N ~ r_ O O O a Q U- 0 L L (n a) co L U z cUU G v v U L O CL 0 d JJ d C 0 O 0 o Q d 0 m O O O co Q F - z SLU G 2 U Q H H Q O O N co N O r- r r r J_ LL X X Q c N E U co Q AGENDA INFORMATION SHEET AGENDA DATE: January 4, 2011 DEPARTMENT: Solid Waste Department ACM: Howard Martin, 349-8232 hV- SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending and restating the Schedule of Rates for Solid Waste Service contained in Ordinance No. 2009-221 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas solely as to commercial solid waste collections services rates (Schedule SWC) and the collection and transportation services permit rate (Schedule SWP); providing that except for those specific changes made to schedules SWC and SWP, that all of the remaining provisions of Ordinance No. 2010-231 shall remain in full force and continuous effect; providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommends approval (5-0). BACKGROUND The FY 2010-2011 Rate Ordinance was presented to and approved by the City Council on September 14, 2010. Since the FY 2010-2011 Solid Waste rate ordinance approval date in September, Denton's "Downtown Implementation Plan" has been developed. The Solid Waste Department subsequently developed container rates for residential and commercial customers within the Square District and has included them in the updated FY 2011 Solid Waste Rate Ordinance. The Solid Waste Department proposes to initiate a pilot program for collections, beginning during January 2011, which would provide refuse and recyclables collections services within the Square District area using front-load containers. It is anticipated that the pilot program will continue for approximately six (6) months. During the pilot program period the Solid Waste Department will provide the necessary collection services based on the volume of materials placed out for collection. This period will provide the Solid Waste Department the necessary flexibility to adjust collection services of refuse and recyclables in order to achieve the optimum mix of containers placed within the Square District and their optimum frequency of service. Additionally, it has also been recently noted that a few restaurants within Denton have begun to allow used cooking oil / grease collectors to place storage containers for these commodities outside their buildings within the restaurant site area. Staff has added charges for the placement of a collection container on the ground or within the right of way to additional service categories within the Collection and Transportation Services Permit Schedule at the same rates as other containers are currently charged. Lastly, there have been a few text clarifications that have been corrected within the "Commercial Services" and "Collection and Transportation Services" rate schedules. Page 2 of 2 The Staff recommends the City Council support the Square District pilot program and its associated solid waste rates, and the few miscellaneous text clarifications and typing corrections. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The FY 2010-2011 Solid Waste Rate Ordinance was presented to and approved by the City Council on September 14, 2010. Revisions were presented to the PUB on December 13, 2010 and approved by a vote of (5-0). FISCAL INFORMATION The rate schedule establishes the funding mechanism to support the FY 2010-2011 solid waste operating budget and the FY 2011-2015 CIP. EXHIBIT 1. Red-Lined Ordinance 2. PUB Minutes Respectfully submitted, Ire A. Vance Kemler General Manager, Solid Waste Prepared by, Tyler Hurd Solid Waste Financial Administrator ORDINANCE NO.2011- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 2010-231 AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SOLELY AS TO THE COMMERCIAL SOLID WASTE COLLECTIONS SERVICES RATES (SCHEDULE SWC) AND THE COLLECTION AND TRANSPORTATION SERVICES PERMIT RATE (SCHEDULE SWP); PROVIDING THAT EXCEPT FOR THOSE SPECIFIC CHANGES MADE TO SCHEDULES SWC AND SWP, THAT ALL OF THE REMAINING PROVISIONS OF ORDINANCE NO. 2010-231 SHALL REMAIN IN FULL FORCE AND CONTINUOUS EFFECT; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, since the approval of the FY 2010-2011 Solid Waste rate ordinance on September 14, 2010, the City has adopted the "Downtown Implementation Plan," The Solid Waste Department subsequently has developed container rates for residential and commercial customers within the Square District, and has included them in this amended FY 2010-2011 Solid Waste Rate Ordinance in the amended Schedule SWC. The Solid Waste Department proposes to initiate a pilot program for collections, beginning during January 2011, which would provide refuse and recyclables collections services within the Square District area using front- load containers. It is anticipated that the pilot program will continue for approximately six (6) months, more or less. During the pilot program period the Solid Waste Department will provide the necessary collection services based on the volume of materials placed out for collection. This period will provide the Solid Waste Department the necessary flexibility to adjust collection services of refuse and recyclables in order to achieve the optimum mix of containers placed within the Square District and their optimum frequency of service; and WHEREAS, it has also been recently noted by City staff that several restaurants within the City, have begun to allow used cooking oil/grease collectors to place storage containers for these commodities outside of their buildings, within the restaurant site area. Staff hereby proposes that charges be added for the placement of collection containers on the ground or within the right-of-way to additional service categories within the Collection and Transportation Services Permit (Schedule SWP) at the same rates as other containers are currently charged; and WHEREAS, there are several inadvertent omissions that were left off of the FY 2010- 2011 Solid Waste Rate ordinance, being Ordinance No. 2010-221, which are hereby inserted and included within the Collection and Transportation Services Permit (Schedule SWP); and WHEREAS. the above-referenced proposed amendments made to the "Commercial Solid Waste Collection Services" Rate (Schedule SWC) and to the "Collection and Transportation Services Permit" Rate (Schedule SWP) are contained in amended schedules SWC and SWP that are attached hereto and which are and incorporated herewith by reference; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The preamble stated hereinabove is hereby made a part of this ordinance for all purposes. SECTION 2. This ordinance amends two schedules of the Solid Waste Rate Ordinance enacted by the Council on. September 14, 2010, being Ordinance No. 2010-221, by adding several provisions to the "Commercial Solid Waste Collection Services" (Schedule SWC); and by adding several provisions to the "Collection and Transportation Services Permit" (Schedule SWP); and otherwise providing that all of the other remaining provisions of Ordinance No. 2010-221 shall be unaltered and unchanged and shall remain in full force and continuous effect from and after October 1, 2010; and SECTION 3. The charges for Solid Waste collection services as authorized by Section 24-42(b) of Article 11, Section 24-66 of Article III and Section 24-4 of Article I of Chapter 24; and by Section 32-90 of Article IV of Chapter 32 of the Code of Ordinances of the City of Denton, Texas, are hereby established as follows: SOLID WASTE RATE SCHEDULES PAGE SC Commercial Solid Waste Collection Services 3 SWP Collection and Transportation Services Permit 11 2 SCHEDULE SWC COMMERCIAL SOLID WASTE COLLECTION SERVICES (Effective 02/01 /11) APPLICATION Every owner, occupant, tenant, or lessee of any business, commercial, or institutional property not entitled to receive residential refuse collection service shall be required to have commercial solid waste collection service provided by the City of Denton. New commercial business development and redevelopment will be provided solid waste commercial refuse and recycling services, as outlined in the Denton Development Code and the Site Plan Criteria Manual. MONTHLY RATE Commercial refuse collection services are provided through a volume-based rate system. Refuse will be collected in city approved or city provided containers only. All non-city owned containers shall have a container permit affixed to the outside of each container in a location that is clearly visible when viewed by Solid Waste Department employees, from the front of the collection site. Should any other fees and/or charges be established by any other authorized goveminental entity, those fees and/or charges will be added to the monthly rate stated bereinabove in order that the city shall recover those additional costs from the customer. A. PERMANENT FRONT LOAD CONTAINER SERVICE (Long Term Scheduled Service) 1. 8 CUBIC YARD CONTAINER Front Load Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 8 $126.00 2 16 $256.00 3 24 $386.00 2. 6 CUBIC YARD CONTAINER Front Load Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 6 $104.00 2 12 $211.00 18 $319.00 3. 4 CUBIC YARD CONTAINER Front Load Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 4 $82.00 2 8 $165.00 3 12 $251.00 4. 3 CUBIC YARD CONTAINERS Front Load. Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 3 $67.00 2 6 $135.00 3 9 $206.00 Side Load Rate Per Bill $101.00 $205.00 $310.00 Side Load Rate Per Bill $83.00 $169.00 $256.00 The Solid Waste Department will establish rates to recover the full cost of service for collection services at frequencies greater than three times per week. 5. CONTAINER EXTRA SERVICE (For a container reload and extra empty) Container Size Collection Service Fee 3 CY container $39.00 / service 4 CY container $44.00 / service 6 CY container $57.00 / service 8 CY container $72.00 / service B. These extra service fees apply if the truck, while on its scheduled route, remains on-site to provide the additional service and the driver waits while the customer reloads the container. On-site waiting time in excess of fifteen (15) minutes will be charged to the customer at the rate of $85.00 per hour. Waiting time will be billed in fifteen-minute increments. If the driver is called in from off-site to provide same day extra service, there is a $50.00 same day service charge, plus the applicable collection service fee. COMMERCIAL CART SERVICE Commercial cart service is not available city-wide. In those areas where commercial cart collection is available, small quantity waste generators, generating less than one cubic yard of reffise per week, may contract for once per week cart service. All waste must be contained in the cart, and the cart set out for collection no later than 7:00 AM on the scheduled collection day. Large household item collection services are not provided for commercial cart service customers. One 1) pickup per week service: Cart Capacity 1 Cart 2 Carts 4 Large $41.00 / bill A maximum of two carts are available. Service above this level will require the customer to subscribe to front load container service. C D. Extra empties performed while on-site will be provided at the one-cart rates listed above. TEMPORARY FRONT LOAD CONTAINER SERVICE (Short Term Service) Container Size Monthly Rental Collection. Service Fee 4 CY container $74.00 $80.00 / service 8 CY container $74.00 $109.00 / service Temporary service accounts incur container delivery charges to initially place the containers. Temporary containers may be placed on residential property for up to 30 days, with no more than three such 30-day periods per year. ROLL-OFF OPEN TOP CONTAINER SERVICE Container Size 15 CY container 20 CY container 30 CY container $21.50 / bill Monthly Rental $117.00 $1.29.00 $152.00 Collection and Transportation Service Fees will be $235.00 for scheduled hauls and $255.00 (exclusive of disposal costs) for demand response hauls. Landfill Fees will be charged separately based on the weight or volume of the hauled materials times the appropriate landfill rate (See Schedule SWL). Customers that request the driver wait while they reload the container, in order for the City to provide an additional empty(s), will be charged the collection service fee and on- site waiting time in 15 minute increments at the rate of $85.00 per hour. Construction and demolition material (C&D) collections will be at the following rates provided with 30 cubic yard containers. a) Container Rental: $129.00 137,00 / month (30 CY container) b) Collection Service: $255.00 / haul (demand response) Open. Top containers located within the city's right-of-way will incur a charge of $5.00 for each day or portion of a day that they are in the right-of-way. The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. 5 E F G. ROLL-OFF COMPACTOR CONTAINER SERVICE Container Size 20 CY compactor 30 CY compactor 35 CY compactor 42 CY compactor Monthly Rental $363.00 $413.00 $492.00 $600.00 Receiving container $152.00 Collection and Transportation Service Fees will be $235.00 for scheduled hauls and $255.00 (exclusive of disposal costs) for demand response hauls. Landfill Fees will be charged separately based on the weight or volume of the hauled materials times the appropriate landfill rate (See Schedule SWL). Self-contained compactors located within the city's right-of-way will incur a charge of $5.00 for each day or portion of a day that they are in the right-of-way. The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. 6 CUBIC YARD COMPACTOR SERVICE Pickups per week 1 2 3 4 Monthly Rental $132.00 $132.00 $132.00 $132.00 Collection Service Fee $162.00 I month $462.00 / month $769.00 / month $1,077.00 / month C Lt Shared commnercial container customers must have at least one (1) cubic yard (CY) of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste staff. Rates will include the additional monitoring, billing, and administrative costs associated with this service. R Se 01' rr 6 ,il will be 11,5- ~ rs H. MINIMUM COMMERCIAL CHARGE A minimum charge of $21.50 per month refuse bill will be charged to all non-cart commercial solid waste customers. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs. Shared accounts are subject to other applicable service fees. J. BILLING Commercial accounts will either be billed monthly or bi-weekly, depending upon the discretion of the General Manager, Solid Waste Services. K. SPECIAL WASTE Denton's acceptance and disposal of Special Waste is defined by the State of Texas in the Texas Municipal Solid Waste Management Regulations and is conditional upon the waste requested for disposal. Acceptance of special waste is subject to Federal and State laws and regulations, and the City of Denton has the right to refuse to accept or collect special waste at their discretion. Charges, approved by the General Manager, Solid Waste, for the collection and disposal of special waste, will be established based on the type of special waste, and the requirements for collection and disposal of the waste. L. SERVICE REQUIREMENTS Equipment Use: The Equipment, whether one or more pieces, furnished by the City, shall at all tunes be considered the property of the City. Customer shall keep the Equipment free and clear of all levies, liens and encumbrances. Customer shall not modify the Equipment or use it for any purpose other than as set forth herein. The City shall repair, as necessary, the Equipment(s) furnished. The Customer, however, agrees to be solely responsible for any damages to or loss of Equipment resulting from any negligent acts or misuse by the Customer or Customer's agents or employees, or invitees. The City may temporarily replace the size and/or the type of Equipment contracted for with one or more pieces of Equipment(s) of equivalent capacity for the purposes of repairing the Equipment. Customer agrees that the Equipment is in the Customer's care, custody, and control at all times. Equipment Location: Customer shall provide an accessible location for the Equipment that 7 is safe and provides adequate and legal clearance. This means that for a radius of at least five (5) feet around the Equipment there will be no objects or obstructions other than enclosures that meet City-required clearance standards. No container shall be set closer than two (2) feet to any structure (exception: a bollard in an enclosure), Additionally, the path that the City's Service truck must take on Customer's premises, must provide a minimum clearance on each side of the City's truck of at least two (2) feet. Overhead clearance of twenty-five (25) feet is required for roll-off containers, and twenty (20) feet for front and side load containers. Failure to maintain or provide these minimum clearances will result in the City's refusal to pay any and all damage claims and/or to service the container. Customer will be solely responsible for providing access to the Equipment at all times, and agrees that Customer shall not be relieved of payment of any charges for Services contracted for, but not provided by the City, because of Customer's failure to maintain continuous prescribed access to the Equipment. Outside of normal wear and tear, the maintenance required to place the Container at another location will be charged to the Customer. Indemnification and Hold Harmless. Customer agrees that the City will not be liable to Customer. Customer shall defend, indemnify and hold the City harmless from any and all claims made by Customer's lessor or Customer's lessee at the Service location, and any and all claims made by any other person having an interest in the property situated at the Service location, for any loss, damage or deterioration of the pavement, surface or subsurface materials or facilities at the Service location by reason of use thereof by the City's trucks that are used to Service the Equipment. Customer agrees to release, indemnify, defend and hold harmless the City of Denton, Texas from and against any and all claims for damages to enclosures or screening devices, from solid waste Equipment which do not have an access opening of at least twelve (12) feet inside diameter (ID) for front-load Equipment; and fifteen (15) feet (ID) for roll-off Equipment. Customer further agrees to release, indemnify, defend and hold harmless the City of Denton, Texas, from and against any and all claims of damages related to the furnishing of commercial solid waste service performed by the City. M. MISCELLANEOUS SERVICE CHARGES A delivery fee of $95.00 per container will be charged to all customers for roll-off containers. A delivery fee of $75.00 per container will be charged to all customers for front load or side load containers. A relocation fee of $95.00 will be charged for each roll-off container that is relocated at the customer's site, unless relocation occurs during a service. Front load and side load container relocations are charged $75.00 per service. A $50.00 fee will be charged for each request for same day service. The Solid Waste Department Customer service personnel must receive on-demand service requests prior to 11:00 A.M. on the day service is requested in order to provide same day collection service. An access fee will be charged for containers that present accessibility problems, and/or require additional services or time. Containers that are inaccessible at the time of collection will be charged an inaccessible fee of $95.00 for roll-off containers and $75.00 for all other containers. On-site waiting time will be charged in fifteen (15) minute increments at the rate of $85,00 per hour. 8 A $200.00 fee will be charged for the Solid Waste Department's installation or removal of container locks. Loaded side-load containers shall not exceed a total weight of one ton. Loaded front-load containers shall not exceed a total weight of two tons. Any container evaluated by the City's collection manager to contain excess weight shall be emptied by the customer to the level determined by the collection manager prior to being serviced. Tickets and/or fines for overweight roll-off loads, and the city's administrative costs, are the responsibility of the customer, and shall be paid by the customer. Other commercial services may be provided at fees established by the Solid Waste Division, and approved by the General Manager, Solid Waste Services, The fees established will recoup the costs and administration of the special services provided. For containers, a commercial solid waste service deposit is required. Customers shall be assessed a deposit of $200.00, for up to four containers, Deposits for additional containers are $50 per container. Payments to the City that are not received within the due date will result in the customer's deposit being increased during the next billing cycle. The deposit increase will be based upon the customers billing history. To continue receiving service, the customer is required to remit the previous service balance owed and the increased deposit charges. The General Manager, Solid Waste Services, or designee, may waive the deposit based upon the review of the customer's credit history and other criteria. N. NO PARKING ZONE FEES FOR CONTAINERS IN RIGHT-OF-WAY No Parking Zone fees provide for an identifiable and painted area in the street which is designated as a vehicular No Parking Zone, which provides for road clearance, allowing the city's trucks to always have accessibility to the customer's container. The No Parking Zone is designed to prevent the container from being blocked by another vehicle, and therefore eliminates additional service fees from being charged to the customer, and the need for the city's truck driver to return to the customer's address and empty the container once a vehicle blocking a container has moved. Customers may secure a dedicated No Parking Zone for front load and side load containers by completing an application with the City Traffic Engineer. The initial application and first calendar year fees are: Single length No Parking Zone for each front load container is $175 for the initial calendar year. 2. Extra length No Parking Zone for each side load container is $350 for the initial calendar year. Renewal fees for each subsequent calendar year will be: 1. $2.80 per month for each single length front load No Parking Zone. This fee will be billed monthly on the customer's utility bill. 2. $5,50 per month for each extra length side load No Parking Zone. This fee will be billed monthly on the customer's utility bill. 9 O. CONTAINER CLEANING SERVICES Commercial container cleaning services are available for commercial customers using front load or side load containers. The service is a subscription service this is electable by the customer.. Customers electing to utilize the scheduled services are required to sign up for the services for a minimum of one year. The customer's one year service period may extend across two city fiscal years. Commercial containers will not be picked up and transported to the landfill for cleaning until they have been emptied by city crews during the customer's normal scheduled collection service. Only empty containers will be transported and cleaned. Shared commercial container customers that desire to have their containers cleaned shall determine the monthly amount to be billed to each customer, which when totaled shall equal the montlAy rates for scheduled services or the on-demand service rate. Quarterly Cleaning Service $30.00 / month Semi-annual Cleaning Service $15.00 / month On-Demand Cleaning Service $150.00 / container cleaning 10 SCHEDULE SWP COLLECTION AND TRANSPORTATION SERVICES PERMIT (Effective 02/01 /11) APPLICATION Any person, entity, or business engaged in the collection and transport of waste or recyclables, including but not limited to municipal solid waste, special wastes, hazardous wastes, liquid wastes, and those wastes or recyclables the city does not collect and transport, must possess a current permit issued from the city prior to providing collection and transportation services for materials collected and transported within the city limits of Denton. Permits for collection and transportation services are required for, but are not limited to, the following wastes and recyclables classifications: • Special Waste • Medical Waste • Hazardous Waste • Restaurant Oil and Grease Waste • Grease & Grit Trap Waste • Commercial and. Industrial Recyclable Materials • Residential Recyclable Materials • Construction and Demolition (C&D) waste, recyclables, reusables, and discarded C&D materials • Waste and recyclable collection service providers operating in newly annexed areas, or contract service providers for the city The person applying for a permit will make application through the city on forms provided for that purpose, and shall pay the required application fees at the time of permit application. Application, service, container, and right-of-way fees must be paid prior to the issuance of the permit. Fees calculated as a percentage of gross revenues will be paid to the city a minimum of quarterly. All permits are non-transferable and are granted as non-exclusive service permits. Granting permits will be at the discretion of the city to meet the needs of the community, The permit applicant must pay the required fees, and meet all pennit requirements prior to the issuance of a permit. Applicants with a Texas Commission of Environmental Quality (TCEQ) poor compliance history may not be permitted. GRANTING OF PERMIT As a condition of granting a pennit, the person or entity receiving such permit (permittee) agrees to execute and comply with all requirements of the service agreement, carry specific types and amounts of insurance, submit reports, and timely pay the necessary fees. Following the granting of a permit, permit stickers shall be issued by the city and placed on all vehicles operating within the city limits of Denton and on all containers placed within the city limits of Denton. Collection and 11 transportation vehicles operating in Denton, and containers set in Denton, are required to display a current and valid calendar year permit sticker at all times. Permits are issued annually and are effective from January 1St or the date of issuance, whichever is later, through December 3ISt of the same calendar year. The permit application process should be initiated and fees should be paid as early as possible during the last quarter of each calendar year for the upcoming calendar year, so that adequate time is available for review and processing of the application materials. Submittal of applications by December 1St will eliminate the possibility of permits being issued after January 1St. City staff, after reviewing the permit application and agreement, and after conducting any necessary research, may issue the permit, issue the permit with conditions, or deny the issuance of the permit. The City will establish the number of permits to be issued in each materials category. EXCLUSIONS Individuals living within the city limits of Denton, and hauling personal materials, wastes, or recyclables from their primary living residence are exempt from this requirement. Any person who transports applicable materials three or fewer times per year, shall register with the city on the forms provided for that purpose. No annual service fees are required, but registration and permitting through the city is required. FEES Application, service, and container fees are payable at the time of application submittal. Right-of- way usage fees are due and payable prior to setting a container in the pttHc right-of- way. All fees are non-refundable. Service and container fees are non-transferable between vehicles, and are unit specific. Service fees based on a percentage of gross revenues from the collection, disposal, treatment, processing and transportation services provided within Denton are due quarterly and require payment to the city within thirty (30) calendar days following the end of each calendar quarter.. Perrnittee's are required to provide quarterly payments to the city and will incur additional charges on all quarterly payment amounts not received by the city during the month following the end of the quarter. All quarterly payments are to be received by the city during the months listed below: uarter Payment Received by Cily January - March April 20' April - June July 20a, July - September October 20t" October - December January 20t' If the full payment is not received by the due date (20'x' day of the month following the end of the reporting quarter) a penalty of 10% of the amount due will be charged, with an additional 1% charge due, for late payments beyond 30 days, for each 30 day period the balance due is not received by the City of Denton. 12 The quarterly calculation of a percentage of revenue, or of ~ , A'materials sales, or of senices pr-o isrequires that the calculation be provided, with complete financial detail, to the city along with the service fee payment to the city. This written financial disclosure shall provide a detailed explanation of how all calculated service fees were determined, and shall be provided to the city either quarterly or monthly, at each required service fee payment period. Container fees apply to each container placed by the permitee within the city limits of Denton, and non-city owned containers serviced by the city, but do not apply to residential refuse carts. Containers are defined as any refuse containment equipment, which can be lifted and emptied using a special vehicle designed for that use, i.e. which are not emptied manually. Container fees are established at $4,00 for each cubic yard of container capacity, per container as 1('A'H-,'GO1OH per- ealendar year. GorAainers will not be placed in street, a] ley, of eit-y fight of way , alley, or eity ROSAL, an additional R0341 usage fee will be assessed of $4.00 per- eubie Yffd City's eontainef eapacity pef month (not pr-ar-ated) for as long as the eofitaifter- is located in the R All containers require a container permit fee regardless if the container is or is not placed on the ground. Permittees choosing not to apply for and make payment for a new collection and transportation and services permit by December 1st for the upcoming calendar year beginning January 1st will be assessed a I% fee (of the total collection and transportation payments from the current year) or may not be granted a permit by the City of Denton. If fees are not paid prior to December 31St, all unpermitted containers will be removed from their service provider locations beginning January 1St by the City of Denton. FEES FOR SERVICE CATEGORIES Service providers desiring to provide services in more than one service category are required to complete permit documentation and pay the applicable fees for each specific service category they desire to provide within Denton's city limits. A. Special Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. B. Medical Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 1 Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue 13 from services provided within the city limits [the 5%o shall be paid quarterly.] C. Hazardous Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate firel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] rc( D. Restaurant Oil and Grease Waste Collection and Transportation Permit Grease & Grit Trap Waste Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] E. Commercial and Industrial Recycling Materials Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue of the market value of recycled materials of anc_l of services provided within the city limits [the 5%o shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-Way Fee of $4.00 per cubic yard, per container, per month. F. Residential Recycling Materials Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid no less than quarterly.] G. Construction and Demolition (C&D) Collection and Transportation Permit a. Large C&D Operators: 1. Application Fee:. $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) 14 annually and 5%© of Gross Revenue from services provided within the city limits [the 5%4 shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-Way Fee of $4.00 per cubic yard, per container, per month. b. Small C&D Operators: Transporters with no more than three vehicles, including trailers, in which each vehicle does not have a Gross Vehicle Weight Rating (GV WR) of more than 14,000 pounds, and with less than five service locations, will be charged: 1. Application Fee: $200 annually. 2. Service Fee: $200 per vehicle annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-Way Fee of $4.00 per cubic yard, per container, per month. H. Municipal Solid Waste (MSW) Collection and Transportation Permit Available only to companies that provide solid waste services in newly annexed areas for specific periods of time, or are contract service providers for the city. 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid no less than quarterly.] I. Non-City Owned Refuse Container Permit For non-city owned refuse containers serviced by the city, the container owner shall pay a container permit fee of $4.00 per cubic yard, per container, annually, billed on the solid waste service bill. SMALL OPERATORS The following service categories of applicants may additionally qualify as Small Operators for the purposes of this rate schedule, and shall be charged the Small Operator rates provided below: a. Special Waste b. Medical Waste c. Hazardous Waste d, Restaurant Oil and Grease e. Grease & Grit Trap Waste f. Commercial and Industrial Recyclable Materials The above listed categories of applicants with less than five service locations within the City of Denton, and operating with a total fleet of less than three vehicles, including trailers, in which each 15 vehicle does not have a Gross Vehicle Weight Rating (GVWR) of more than 14,000 pounds, will be subject to the following Small Operator rates: a. Application Fee: $200 annually. b. Service Fee: $400 per vehicle annually, and 5% o of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] c.. If applicable, container fees of $4.00 per cubic yard, per container, annually. d. If applicable, a Right-of-Way fee of $4.00 per cubic yard, per container, per month for containers in the public R-O-W. VIOLATIONS /'NO OPERATIONS' DECLARATION If a service provider operates a vehicle within Denton's city limits which has not been permitted, or uses a container which has not been permitted, or operates any piece of equipment with an expired permit, or performs some other permit violation, or does not mare payment of the appropriate fees in a timely manner, the city will issue a "No Operations' declaration to the service provider, and assess all applicable permit violation fees. Once a service provider has been issued a 'No Operations' declaration from the city, all services to be provided within Denton's city limits are required to cease. Non-permitted containers may be collected by the city and possessed and stored by the city until collection, storage, and permitting fees associated with each container are paid to the City of Denton. Following a meeting with the city staff, and the payment of all monies owed the city, the status of the permit will be determined. A business which has not been permitted by the city to operate within the city limits of Denton, or has been suspended by the city from operating within the city limits of Denton, Texas shall be charged a sum of up to $500.00 per day by the city, for each day of violation of this ordinance, if the provider violates the `No Operations' requirement prior to receipt of a City of Denton permit, or during any suspension of a permit period. Each day of illegal operations during a `No Operations' period is considered a separate violation and the service provider is subject to being charged a sum of up to $500.00 for each day of violation. Following the receipt of a `No Operations' declaration and prior to a service provider being reinstated to legally operate within the city limits of Denton, the service provider must meet with the city staff to update their application and agreement and make payment of all monies owed to the city. REVOCATION OF SERVICES & NON-RENEWAL OF PERMITS If the city finds any requirement of the permit to have not been met, or violated, or observes service providers operating within Denton's city limits without current permits, the city may institute a `No Operations' declaration, and additionally revoke or not renew the service providers permit, thereby requiring the service provider to cease all operations within the city limits of Denton. RECLASSIFICATION OF RECYCLABLES Recyclables containing five-percent or more contamination, as determined by the City, will be considered refuse, and its collection may not be provided by service providers permitted under this ordinance. This material shall be reclassified as refuse and will be collected by the City of Denton. The General Manager, Solid Waste Services or his designee, will make the final determination on whether stored recyclables contain excessive contamination, which at the City's determination, may 16 cause the reclassification of these materials to municipal solid waste (MSW), thereby negating the ability of a service provider to transport this material within Denton's city limits under their operating permit as per this ordinance. TERM AND RENEWAL All collection and transportation permits shall be valid for each calendar year, and for not more than the calendar year for which they are issued. Permittees shall provide a written application and agreement for permit renewal a minimum of thirty days prior to the permit expiration to prevent a possible lapse in permitted services. Applications for renewal shall be processed in the same manner as an initial application. All upcoming calendar year fees are required to be paid by December lit of the current year prior to reissuing the permit for the upcoming calendar year. 17 SECTION 4: The General Manager of Solid Waste of the City of Denton is hereby authorized to deny the use of the City of Denton landfill to any customer who provides false information regarding the origin of, or the composition of the solid waste delivered for disposal to the landfill; or for safety violations committed by a customer within the landfill; or for non-compliance with verbal and written instructions provided to the customer by Solid Waste Department personnel at the landfill; or for nonpayment of delinquent fiends owed by the customer to the City of Denton, Texas; or for any violation of the law committed by the customer within the landfill; or for any non- compliance by the customer with the Texas Commission on Environmental Quality regulations or policies; or for any non-compliance by the customer with the City of Denton's Code of Ordinances or rules; or for any violation of the written landfill rules by the customer as posted by the Solid Waste Department at the entrances to the landfill, from time to time. SECTION 5: It is in the public interest that the provisions of Sections 26-3, 26-4, 26-5, 26-7, 26- 8(a), and 26-9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall expressly apply to City of Denton Solid Waste service. SECTION 6: All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 7: 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 8: This ordinance shall become effective, charged, and applied only to those solid waste services rendered by the City of Denton on Commercial Solid Waste Collections Service Rates (Schedule SWC) and on Collections and Transportation Services Permit (Schedule SWP), on and after February 1, 2011; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: 18 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 19 2 DRAFT MINUTES PUBLIC UTILITIES BOARD December 13, 2010 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, December 13, 2010 at 9:01 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton. 9 10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Bill Grubbs, Phil Gallivan, John Baines 11 (departed at 10:45), and Barbara Russell 12 13 Ex Officio Member: 14 George Campbell, City Manager 15 Howard Martin, ACM Utilities 16 17 Absent: Randy Robinson excused 18 19 OPEN MEETING: 20 21 CONSENT AGENDA: 22 23 The Public Utilities Board has received background information, staffs recommendations, and 24 has had an opportunity to raise questions regarding these items prior to consideration. 25 26 12) Receive a report, hold a discussion, and take action on a proposed update of the FY 2010- 27 2011 Solid Waste Rate Ordinance. 28 29 Vance Kemler, General Manager Solid Waste, presented this item. Since the FY 2010-2011 30 Solid Waste rate ordinance approval date in September, Denton's "Downtown Implementation 31 Plan" has been developed. The Solid Waste Department subsequently developed container rates 32 for residential and commercial customers within the Square District and has included them in the 33 updated FY 2011 Solid Waste Rate Ordinance. The Solid Waste Department proposes to initiate 34 a pilot program for collections, beginning during January 2011, which would provide refuse and 35 recyclables collections services within the Square District area using front-load containers. It is 36 anticipated that the pilot program will continue for approximately six (6) months. During the 37 pilot program period the Solid Waste Department will provide the necessary collection services 38 based on the volume of materials placed out for collection. This period will provide the Solid 39 Waste Department the necessary flexibility to adjust collection services of refuse and recyclables 40 in order to achieve the optimum mix of containers placed within the Square District and their 41 optimum frequency of service. Additionally, it has also been recently noted that a few 42 restaurants within Denton have begun to allow used cooking oil / grease collectors to place 43 storage containers for these commodities outside their buildings within the restaurant site area. 44 Staff has added charges for the placement of a collection container on the ground or within the 45 right of way to additional service categories within the Collection and Transportation Services 46 Permit Schedule at the same rates as other containers are currently charged. Lastly, there have 47 been a few text clarifications that have been corrected within the "Commercial Services" and 48 "Collection and Transportation Services" rate schedules. The Staff recommends the City Draft Minutes of the Public Utilities Board Meeting November 8, 2010, 2010 Page 2 of 2 1 Council support the Square District pilot program and its associated solid waste rates, and the 2 few miscellaneous text clarifications and typing corrections. Martin stated that the enclosures for 3 the dumpsters will work concurrently with any kind of sidewalk improvements or access in and 4 around that square area which we are also planning for each of the streets off of the square. 5 6 Board Member Gallivan moved to approve item 12 with a second from Board Member 7 Cheek. The motion was approved by a 5-0 vote; Board Member Baines had already left 8 the meeting. 9 10 Adjournment was at 11:15 a.m. AGENDA INFORMATION SHEET AGENDA DATE: January 4, 2011 DEPARTMENT: Transportation Operations ACM: Jon Fortune 9 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, approving the acquisition by the Denton County Transportation Authority, a coordinated county transportation authority created under Chapter 460 of the Texas Transportation Code, of a perpetual easement by eminent domain, upon, along and across (i) an approximate 0.148-acre tract; and (ii) an approximate 0.09-acre tract, a portion of such 0.09-acre tract being located within the above described 0.148- acre tract, both tracts being situated in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas, and being more particularly described herein; and providing an effective date. BACKGROUND The Denton County Transportation Authority (DCTA) has requested that the City of Denton permit its use of eminent domain for the constriction of the A-train Commuter Rail Project, should negotiations fail for the necessary easements contemplated on private property. DCTA, is authorized through Texas Transportation Code Chapter 460.107, to exercise the right or power of eminent domain for public purposes to acquire property for the constriction, extension, improvement, or development of a public transportation system with the stipulation that prior consent must be obtained from the affected municipality. The DCTA Board of Directors approved Resolution No. 10-16, (Exhibit 2) at the December 16, 2010 DCTA Board Meeting, declaring the acquisition of a perpetual easement located on the subject property to be a public necessity for the completion of the A-train Project. DCTA has indicated to City of Denton staff that the subject property or easement is critical to the completion of the A-train Project and has requested the City of Denton City Council to consent to the use of eminent domain. RECOMMENDATION Staff recommends approval of the proposed ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) DCTA Board of Directors approved a resolution on December 16, 2010, outlining a public necessity to use eminent domain for the A-train Project in the City of Denton. Agenda Information Sheet January 4, 2011 Page 2 of 2 FISCAL INFORMATION DCTA will be responsible for costs associated with the proposed use of eminent domain. EXHIBITS 1. Ordinance 2. DCTA Resolution No. 10-16 3. DCTA request letter 4. Survey-Site Map Respectfully submitted: Mark Nelson Transportation Director s:Uega1\our documentslordinances1101dcta ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE ACQUISITION BY THE DENTON COUNTY TRANSPORTATION AUTHORITY, A COORDINATED COUNTY TRANSPORTATION AUTHORITY CREATED UNDER CHAPTER 460 OF THE TEXAS TRANSPORTATION CODE, OF A PERPETUAL EASEMENT BY EMINENT DOMAIN, UPON, ALONG AND ACROSS (i) AN APPROXIMATE 0.148-ACRE TRACT; AND (ii) AN APPROXIMATE 0.09-ACRE TRACT, A PORTION OF SUCH 0.09-ACRE TRACT BEING LOCATED WITHIN THE ABOVE DESCRIBED 0.148-ACRE TRACT, BOTH TRACTS BEING SITUATED IN THE HIRAM SISCO SURVEY, ABSTRACT NO. 1184, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton County Transportation Authority, a coordinated county transportation authority created under Chapter 460 of the Texas Transportation Code ("DCTA"), is in the process of constructing a commuter rail transportation service ("A-Train") over and across certain lands located both within and outside of the municipal boundaries of the City of Denton, Texas (the "City"); WHEREAS, DCTA is in need of acquiring the perpetual easement upon, along and across certain lands being approximately described in Exhibit "A", attached hereto, a portion of same being reserved in that certain Deed Without Warranty, by and between Union Pacific Railroad Company, as grantor and the City of Denton, as grantee, dated on or about October 31, 2001, and recorded in County Clerk's file number 2001-R0121013, Real Property Records, Denton County, Texas (the "Subject Interest"); WHEREAS, DCTA has attempted to negotiate the purchase of the Subject Interest and has to date been unsuccessful in such negotiations; WHEREAS, acquisition of the Subject Interest by DCTA is necessary for the construction and operation of the A-Train by DCTA; WHEREAS, due to the location of the Subject Interest within the boundaries of the City, Chapter 460 of the Texas Transportation Code requires the approval of the proposed acquisition by the City Council of the City of Denton, Texas for DCTA to exercise its statutory authority to acquire the Subject Interest by eminent domain; WHEREAS, due to DCTA's unsuccessful attempts to acquire the Subject Interest through negotiation, DCTA has requested the City to grant approval of the acquisition of the Subject Interest by DCTA through eminent domain; WHEREAS, the City Council of the City deems it to be in the best interest of the City to grant such approval to DCTA; NOW, THEREFORE, salegallour documentslordinances\10ldcta ordinance.doc THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City of Denton, Texas, by and through its City Council, hereby approves the acquisition by DCTA of the Subject Interest, by and through eminent domain, as provided in Section 460.107 of the Texas Transportation Code. SECTION 2. This ordinance shall become effective. immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: EXHIBIT 2 DENTON COUNTY TRANSPORTATION AUTHORITY RESOLUTION NO. 10-16 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY DECLARING A PUBLIC NECESSITY EXISTS AND FINDING A PUBLIC USE AND PURPOSE FOR THE TAKING AND ACQUIRING OF AN EXISTING EASEMENT ON AN APPROXIMATELY 0.148 ACRE TRACT OF LAND OUT OF THE HIRAM SISCO SURVEY ABSTRACT NO. 1184, DENTON COUNTY, TEXAS, FOR THE CONSTRUCTION, EXTENSION, IMPROVEMENT, AND DEVELOPMENT OF A PUBLIC TRANSPORTATION SYSTEM; PROVIDING FOR ' AN OFFER TO PURCHASE SAID EASEMENT FOR JUST COMPENSATION AND, IF SUCH OFFER IS REFUSED OR NOT ACCEPTED, AUTHORIZING THE FILING OF PROCEEDINGS IN EMINENT DOMAIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton County Transportation Authority ("DCTA") is a coordinated county transportation authority created pursuant to Chapter 460 of the Texas Transportation Code, as amended, with specific, enumerated powers including, but not limited to, acquiring, constructing, developing, planning, owning, operating, and maintaining a public transportation system within the boundaries of the Denton County, Texas, including the territory of political subdivisions or municipalities partially located in Denton County, Texas; and WHEREAS, DCTA wishes to provide for the health and welfare of the citizens within its service area by exercising its enumerated powers through the development of a public transportation system; and WHEREAS, DCTA is authorized pursuant to TEX. TRANs. CODE §460.107, to exercise the right or power of eminent domain for public purposes to acquire property for the construction, extension, improvement, or development of a public transportation system; and WHEREAS, it is hereby determined that a public necessity exists, and that a public use and purpose for the welfare and convenience of the citizens within Denton County requires the acquisition by DCTA of title to the hereinafter described property for the public purpose of construction, extension, improvement, or development of a public transportation facility; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY: SECTION 1. The DCTA President or designee is hereby authorized and directed to implement the applicable provisions of this Resolution. SECTION 2. The Board of Directors finds and declares that a public necessity exists for the acquisition by DCTA of the perpetual easement located on an approximately 0.148 acre tract of land, more or less, out of the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas, reserved unto the Grantor in that certain Deed Without Warranty dated October 31, 2001, from EXHIBIT 2 Union Pacific Railroad Company, as Grantor, to the City of Denton, Texas, as Grantee, filed on November 9, 2001, in Volume 4962, Page 2851, Official Public Records, Denton County, Texas, said perpetual easement being on, over, and across the real property described in Exhibit "A", attached hereto and incorporated herein by reference ("the Property"). SECTION 3. The Board of Directors finds and declares acquisition by DCTA of the Property is necessary for the public purpose and use for construction, extension, improvement, and development of a public transportation system to be owned, operated, and maintained by DCTA. SECTION 4. DCTA's Chief Executive Officer or his designee is hereby authorized to make an offer of just and adequate compensation to the owner(s) of the Property in an amount based on an appraisal of the Property to be obtained, including damages to the remainder, if any. In the event such offer is accepted, the Chief Executive Officer is authorized to negotiate and sign such contracts and other documents he determines to be reasonable and necessary in order to close on the purchase of the Property. SECTION 5. In the event the offer made pursuant to Section 4, herein, is refused or not accepted by the owner of the Property, the DCTA General Counsel is hereby authorized and directed on behalf of DCTA to file the necessary eminent domain proceedings or suit and to take whatever action may be necessary against the owner(s) and any other parties having interest in the Property to acquire the Property as described herein with the purpose of such title vesting in the DCTA. SECTION 6. If it should be subsequently determined that additional parties other than those named herein have an interest in the Property, then the DCTA General Counsel or designee is authorized and directed to join said parties as defendants in said eminent domain suit. If it is later determined there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the DCTA General Counsel, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining Board of Director approval authorizing condemnation of the corrected or revised property. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase or provision of this Resolution shall be held invalid, it shall not affect any valid provisions of this or any other Resolution of the DCTA to which these rules and regulations relate. SECTION 8. The Board of Directors hereby finds and declares all prefatory language herein to be true and correct and approves and adopts the same herein as part of this Resolution. SECTION 9. This Resolution shall take effect immediately upon the occurrence of the adoption by the Board of Directors of this resolution; provided, however, Section 5 of this Resolution shall not be effective until the effective date adoption by the City Council of the City of Denton, Texas, pursuant to Tex. Trans. Code §460.107(b)(1), of a resolution approving the acquisition by DCTA of the Property by eminent domain. Page 2 TM 46883 EXHIBIT 2 DULY PASSED AND APPROVED BY THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY THE 16th DAY OF DECEMBER, 2010. APPROVED: Cha Emery, hairman ATTEST: k Dorothy Pa bo, Secretary APPROVED AS TO FORM: Peter G. Smitl DCTA General Counsel Page 3 TM 46883 EXHIBIT 2 EXHIBIT "A" BOUNDARY DESCRIPTION OF THE PROPERTY AFFECTED BY THE EASEMENT TO BE ACQUIRED ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE HIRAM SISCO SURVEY, ABSTRACT NUMBER 1184, DENTON COUNTY, TEXAS, AND BEING A PART OF A TRACT DESCRIBED IN A DEED TO TEXAS & PACIFIC RAILROAD CO., RECORDED IN VOLUME P. PAGE 434, DEED RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM A FOUND CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF SAID TEXAS & PACIFIC RAILROAD CO. TRACT RECORDED IN VOLUME P, PAGE 434, SAME BEING THE SOUTHEAST CORNER OF A CALLED 15th TRACT, DESCRIBED IN A DEED TO TRINITY INDUSTRIES INC., RECORDED IN VOLUME 605, PAGE 588, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING AN INNER ELL CORNER OF LOT 7, JASPER ADDITION, VOLUME 75, PAGE 58 DEED RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 89 DEGREES 52 MINUTES 28 SECONDS WEST WITH THE SOUTH LINE OF SAID TEXAS & PACIFIC RAILROAD TRACT RECORDED IN VOLUME P, PAGE 434, A DISTANCE OF 122.73 FEET TO A RAILROAD SPIKE; THENCE NORTH 09 DEGREES 33 MINUTES 20 SECONDS EAST WITH THE WEST LINE OF SAID 15th TRACT, A DISTANCE OF 124.44 FEET TO THE POINT-OF-BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 10 DEGREES 09 MINUTES 31 SECONDS WEST, A DISTANCE OF 255.85 FEET; THENCE EAST, A DISTANCE OF 24.22 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 48 SECONDS EAST, A DISTANCE OF 34.67 FEET; THENCE SOUTH 10 DEGREES 09 MINUTES 31 SECONDS EAST, A DISTANCE OF 201.98 FEET; THENCE SOUTH 09 DEGREES 33 MINUTES 20 SECONDS WEST, A DISTANCE OF 88.93 FEET TO THE POINT-OF-BEGINNING, AND CONTAINING IN ALL 0.148 OF AN ACRE OF LAND. Leerit m Craumy TrAnsparta¢uan.lsuUioruay 1 1-mmons, Suite 210 + Lewivrille, TX 71067 1, _ 221-4,100 * fax972-221-46,01 • ww• Acta.net Tuesday, December 28, 2010 Attn: Mr. George Campbell City Manager City of Denton 215 E. McKinney Denton, TX 76201 RE: DCTA "A-train" Construction Project, Trinity Mills to Downtown Denton EXHIBIT 3 DCTA-COD-021 Subject: Request to Exercise Eminent Domain Rights under Texas Transportation Code §460.107 Dear Mr. Campbell: The Denton County Transportation Authority (DCTA) formally requests the approval of the City of Denton to exercise its right of eminent domain to secure a 0.148-acre tract, and (ii) an approximate 0.09-acre tract, a portion of such 0.09-acre tract being located within the above described 0.148-acre tract, both tracts being situated in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas. The easement is located south of Sycamore St. in the City of Denton, directly south of the Downtown Denton Transit Center (DDTC). The said easement includes Union Pacific Railroad trackage crossing the property currently owned by the City of Denton and accessing the Trinity Industries property. This trackage is in direct conflict with the DCTA A-train mainline trackage and prevents completion of the A-train program into the DDTC. The DCTA A- train program is a public infrastructure project being designed and constructed to provide additional transportation alternatives to the citizens of Denton County. The A-train completion of the mainline trackage into the DDTC is a vital component of the public project and the future commuter rail services in Denton County. On Thursday, December 161h, 2010, the DCTA Board of Directors approved Resolution No. 10-16 (attached) authorizing DCTA staff to make a final offer for easement to be developed as part of the A-train Rail Commuter Rail System and authorized the filing of eminent domain proceedings if the offer is not accepted. Texas Transportation Code §460.107 requires DCTA to obtain the consent of the City of Denton to acquire property by exercising the right of eminent domain on any property located within the city limits. By receipt of this correspondence, DCTA requests and agenda item on the City of Denton city council meeting scheduled for January 41h, 2010, consenting to DCTA's exercise of eminent domain rights under Texas Transportation Code §460.107. Time is of the essence to maintain current A-train program schedules, and DCTA expresses in advance its appreciation for the City of Denton's willingness to expedite this request. Should you have any questions and/or concerns please feel free to contact me at (972) 221-4600. Sincerely, Thomas M. LeBeau Vice President Rail Development/Capital Projects Denton County transportation Authority CC: DCTA Project File ECC: J. Witt (DCTA), D. Leggett (DCTA), A. Mosqueda (DCTA), J. Varner (DCTA), T. Schmidt (OT10), S. Smith (OT10), K. Laughlin (NJDHS), P. Smith (NJDHS), M. Nelson (COD), J Fortune (COD) -VN1d-.NOUV157IVNN01N3O'V31O078'L 07 9 G ~ ~ /r-~~ I R~R y G ,5_6 W a 411 O ~I HENRY fi a , ag N M-1 ab¢ as =I ~ IA HI 8 € s ~e1 1". ~ 2GQC@G6__.- ~~FlF'~-mm 8E" j..€W I CS o~ 0 3NOZ OOOly .f0 3 w 3o $ 6 10. a 1 L 66 aF Sp5 d ~v ~11WN ~lYRb(OtlddY ~ & ~C _ S ~33~t~S 3lts►d1yF~d°I % €P os z~~1 oSm a wm c -a s @ -g t zse ur Q~ g ° ~ ~M _66 _ .ae 5 g c) s~ a s L -~f ° rzz~ ~T ~ oA ~ ag MOM i .FS M s QZpa a' -aeo€ a g m__ out ~ 0" z~SW ywa Y 0.14 J! 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NOW I SV a p ' a 8 R R ash N - e `V E H fi y. ~ B 5 S v 111 S. 5 E 8~ F° Vol ~p1: F 9 6_ R. & a it a No v ~ € E ~3 8R ~8 ~S a ~ R S8 5' °e-_•, ' b b e a s ` $ - _ m r : 8 ,t a.~ s ,R I{f I a G~ x $o_e X9..4 €2 F~"3 ~R €t~ ~iW ° oma ~-r~ecz so~coe~.ane ~.w\eaz m~~or rvvss.o. - ona/~., so saav-:x AGENDA INFORMATION SHEET AGENDA DATE: January 4, 2011 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - Barber Shop in Residence (MO-0006) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit to allow a barber shop as a home occupation within a single- family residence at the northeast corner of Norman Street and Greenlee Street. The site is located within a Downtown Residential 1 (DR-1) zoning district and contains approximately 0.13 acres and is more commonly known as Lot 15, Block 6 of the Hillside Addition. (,SIO-0006). The Planning and Zoning Commission recommends approval of this request (6-0). PROPOSAL The applicant and property owner (James Griffin) proposes to conduct a one-chair barber shop business from his garage. The proposed use is considered to be a home occupation and is subject to the regulations found in Section 35.12.10 of the Denton Development Code (DDC). As such, Section 35.12.10.P, states that barber and beauty shops require a Specific Use Permit (SUP), provided that the use is conducted by family members who live in the residence (no outside employees permitted). The DDC also states that the business shall consist of no more than one beauty/barber chair, no more than two (2) customers shall be permitted at one time, and said business shall operate only between the hours of 8:00 a.m. and 8:00 p.m. The applicant's proposal complies with all DDC home occupation regulations. BACKGROUND The subject property is part of the Hillside Addition which was platted as a single-family residential subdivision in 1925. The historical zoning for the subject property prior to 2002 was Single-Family (SF-7). However, the surrounding area has transitioned to include other uses besides single-family, including multifamily, institutional and industrial uses. Home occupation is defined in Subchapter 23 of the DDC as, "an occupation commonly carried on within a dwelling by members of the family occupying the dwelling. The use of the home as an occupation shall be incidental and subordinate to the use of the home as a dwelling." Section 35.12.10 iterates the permitted uses allowable as a home occupation and limitations placed on those uses, such as where the occupational activities may occur, restrictions on sales, employees, external display of products, outdoor storage, signage, patrons, outdoor activities, product sales, nuisances, prohibited equipment and materials, parking of business-related vehicles and sales of garden produce. The barber shop is permitted only through approval of an SUP and as such has some more stringent standards provided for in Section 35.12.10.P.3. PRIOR ACTION/REVIEW 1. Planning and Zoning Commission November 17, 2010 City Council Staff Report Page 1 of 24 1'.;'1-x'2010 415:59 PM Case#: 510-0006 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 Specific Use Permit request, as conditioned (6-0). The Development Review Committee recommends APPROVAL of this Specific Use Permit request, as conditioned. EXHIBITS 1. Site Location/Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Site Photos 5. Letter from the Applicant and Letters of Support 6. Responses to Notification 7. November 17, 2010 P&Z Meeting Minutes 8. Ordinance Prepared by: Erica Marohnic, AICP Senior Planner Respectfully submitted: Marls Cunningham, AICP, CPM Planning and Development Division Director City Council Staff Report Page 2 of 24 1'.;'1-x'2010 415:59 PM Case#: SIO-0006 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: November 17, 2010 TYPE: Specific Use Permit CC Date: January 4, 2011 PROJECT S10-0006 Project Number: S10-0006 Request: Specific Use Permit (SUP) to allow a home occupation within a single-family home within the Downtown Residential 1 (DR-1) zoning and use district on approximately 0.13 acres. Applicant: James Griffin 1325 Norman Street Denton, Texas 76201 Property Owner: James Griffin 1325 Norman Street Denton, Texas 76201 Location: Northeast corner of Norman Street and Greenlee Street (1325 Norman Street). Size: 0.13 acres Zoning Designation: Downtown Residential 1 (DR-1) Future Land Use: Downtown University Core Case Planner: Erica Marohnic, AICP P&Z Recommendation: The Planning and Zoning Commission recommends APPROVAL of this Specific Use Permit request, as conditioned (6-0). DRC Recommendation: The Development Review Committee recommends APPROVAL of this Specific Use Permit request, as conditioned. Summary of Analysis: Section 35.12.10, Home Occupations of the DDC allows for Barber and beauty shops with Specific Use Permit (SUP) approval. Additional restrictions are required for an at-home barber shop including; the use cannot be conducted by anyone but family members who live in the residence, the business shall have no more than one (1) chair, no more than two (2) customers are permitted at one time and the business shall only operate between the hours of 8:00 a.m. and 8:00 P.M. The applicant is not proposing to alter the existing residence or property in any way to accommodate the home occupation. Exhibit 4 illustrates the existing conditions including a City Council Staff Report Page 3 of 24 1'.;'1-x'2010 415:59 PM Case#: S10-0006 horseshoe-shaped driveway which will be utilized for customer parking. There will be no more than two vehicles on the premises related to the home occupation at one time in conformance with the limitation on the number of customers permitted on site. No on-site signage is allowed or proposed for the home occupation. A certificate of occupancy (CO) will not be required for the home occupation if the SUP is approved. Additionally, because there are no proposed alterations to the strictures or flat work on the property, no building permits will be required. Eighteen (18) public notices were sent to residents within 200 feet of the area (Exhibit 6). The applicant has not held a neighborhood meeting regarding the proposed home occupation; however, several letters of support were solicited for the request by the applicant and are provided in Exhibit 5. As of this writing, staff has received six responses to the Notice of Public Hearing from property owners, three in favor and three in opposition. Findings of Fact 1. The request is for a Specific Use Permit (,SUP) for home occupation, specifically a barber shop on approximately 0.13 acres. The subject property is located in a Downtown Residential I (DR-1) zoning district. 2. No prior zoning approvals have been granted to the property. 3. The suNect property is developed as a single family and platted as Lot 15, Block 6 of the Hillside Addition. 4. The Downtown Universitv 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 districts... Small area plans should be used to delineate special needs areas within the district. " 5. The Downtown Universitv Core District is meant to encourage mixed use development within Specfed commercial areas of the district This district is a pedestrian f"iendly district and has four zoning districts within its land use categofy. These include Downtown Residential I (DR-1), Downtown Residential 2 (DR-2), Downtown Commercial Neighborhood (D(7-N) and Downtown Commercial General (DC-G). 5. Adjacent zoning districts include Downtown Residential I (DR-1), to the north, east and west and Downtown Commercial General (DC-G) to the south of the subject site. 6. The surrounding area is f illy developed There single family homes to the north and east, multifamily development to the west and the Cumberland Children's Home directly south of suNect property. 7. The subject site is not located within any special overlay districts or areas of concern. 8. There are no planned public improvements for potable water, sanitary sewer, drainage or transportation facilities serving the subject site in relation to this request. City Council Staff Report Page 4 of 24 1'.;'1-x''010 415:59 PM Case#: 510-0006 9. Access is provided from Greenlee Street, there is no increase in peek transportation demands anticipated for the home occupation. 10. While hater and server is available along Norman and Greenlee Streets, there is no increase in peak hater or server demands anticipated for the proposed home occupation. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. The Development Review Committee recommends APPROVAL of this specific use permit request, as conditioned. Please note that Condition No. 4 below was added by staff at the time the ordinance was drafted after the Planning and Zoning Commission meeting tools place. It further restricts the requested Specific Use Permit by placing a time limit on the use. I. The barber shop use shall only be conducted by family members who live in the residence; no outside employees are permitted. 2. The barber shop shall have no more than one (1) chair and no more than two (2) customers are permitted at one time. 3. The business shall only operate between the hours of 8:00 AM and 8:00 PM. 4. The Specific Use Permit is valid for ten (10) years from the effective date of this ordinance and shall automatically expire on January 18, 2011 without further actions of the applicant or the City of Denton. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application revieir process, irhich are on ale frith the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. City Council Staff Report Page 5 of 24 1'.;'1-x'2010 415:59 PM Case#: SIO-0006 Section 35.6.4, Approval Criteria: A Specific Use Permit (SUP) may be granted if the City Council finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. An SUP shall be issued only if all of the following conditions have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; Allowing the garage to have a one-chair barber shop business should not diminish or impair property values in the immediate vicinity. Other non-residential uses are present in the area. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The utilization of the property as a one-chair barber shop home occupation should not interfere frith surrounding uses. No improvements.for the subject property trill be required Compliance frith the restrictions cited in Section 35.12. 10 shall be required 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; All required infrastructure dedications, extensions and construction irere required at plattingfor the residence. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; All proposed drivelvavs and parking spaces will be required to meet the requirements of the City of Denton and per Section 35.12. 10 of the DDC. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Nuisance prevention is not anticipated as no demolition or construction is anticipated with granting of the ,SUP for a home occupation. No odors, dust, noise or vibration will occur with allowance of the home occupation. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and No improvements to existing lighting are proposed for the home occupation and will therefore not adversely affect neighboring properties. City Council Staff Report Page 6 of 24 1'.;'1-x'2010 415:59 PM Case#: 510-0006 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. No alterations to existing landscaping and screening are proposed with allowance of the home occupation. Surrounding Zoning Designations and Current Land Use Activity: Northwest: Downtown Residential I (DR-1); Multifamily and single-family home North: Downtown Residential I (DR-1); Single-family home Northeast: Downtown Residential I (DR-1); Single-family home West: East: Do nto n Residential 1 (DR-1); Downtown Residential I (DR-1); Multifainih- Single-family home Southwest: South: Southeast: Downtown Commercial General Downtown Commercial General Downtown Commercial General (DC-G); Cumberland's Children's (DC-G); Cumberland's Children's (DC-G); Cumberland's Children's Home Home Home Source: City of Denton Geographical11#6nnatior System and site visit by City staff Summary of Surrounding Zoning Designations and Current Land Use Activity: Comprehensive Plan: The Downtown University Core district is meant to encourage mixed use development within specified commercial areas of the district. This district is a pedestrian friendly district and has four 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 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 districts. 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 grate 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." The proposed home occupation is consistent with the Goals, Objectives and Strategies of the Denton Plan. City Council Staff Report Page 7 of 24 1'.;'1-x'2010 415:59 PM Case#: 510-0006 Exhibit 1 Site Location/Aerial Map Subject Site I City Council Staff Report Page 8 of 24 1'.;'1-x'2010 415:59 PM Case#: S10-0006 Exhibit 2 Zoning Map DR-1 DC-G Dc-G Legend Barber Shop in Residence 132_Narnan_project_ ~ Parcel ®0006 Centerline parcels a 15, 30 60 90 1 City Council Staff Report Page 9 of 24 1'.;'1-x'2010 415:59 PM Case#: S10-0006 Exhibit 3 Future Land Use Map D ntown University re Subject Site Legend Berber Shop in Residence N man Proj,ect-Parcel S10-0006 nterlne 0 Pare~ls Q 15 30 60 80 120 Feet City Council Staff Report Page 10 of 24 1'.;'1-x'3010 415:59 PM Case#: S10-0006 Exhibit 4 Site Photos f TyAy.'9 lltMlyrv,.. From Norman facing east towards home From Grccnlcc facin g north tm\arils home ,jA ! mob, h } IT, 1., Po Y7y_ s area From Greenlee facing north toNvards home From Grccnlcc facin g north toNNards home City Council Staff Report Page 11 of 24 1'.;'1-,'2010 415:59 PM Case#: S10-0006 Exhibit 5 Letter from the Applicant and Letters of Support September 20, 2010 planning Department City of Denton 221 N. Hni Street Denton,'I'X 762011 Chair, Development Review Conimittcc; 1 propose to apply for a Special Use Pcrmit to add a single barber chair in my existing residence at 1325 Norman Street in IhQ Hillside Addition. The property is platted and has bL:ea highlighted inpiDk on the document attached to this letter. Itwill fee a banter shop only; therefore, I am not requesting, a dual purpose license that would include a beauty salon. There will be no sig ai e, no advertising, and net telepbonc listing. The room size is 12 fed by 20 feet and has a separate entry. No additional construction %111 be required. There will be no more than two customers on site at ame one time and no chemical work will be pe3rf'e mied, i.e. colors, perms, etc. "I here are three parking spaces on the property, All requirements for state Incensing and Regulations have been met, Thank you, ?-(I,- 4L .larrres A. Griffin City Council Staff Report Page 12 of 24 1'.;' 1-x'2010415: 59 PM Case#: SIO-0006 ''roiidin lealr>ig vid Hope to Children and Families & CHILDREN'S NOME L'.PC111i+aard afThmr- p.lx lis:_-,mac r5.- Brown, Ptes_ PLd September 15, 2010 rte. xap i „ City of Denton Planning and Zoning Committee s City of Benton, City Council nr° `,r~r inn u It has come to the attention of this agency's management that a home-based barber shop is being corsidered at 1325 Norman Street, [Denton, I-exas This property is directly across the Re n' infix street from the campus of Cumberland Presbytedan Children's Horne (CINCH } jawn, Tenor: rvr, jarmKc ig Ttis letter is being 'wr tten to advise interested parties that CPCH not only has no abjection to the 1d e „Tsxas establishment of this business, but that the agency supocrts its estafalishment by this good Etev Melissa Knight neig'hb,er of fang-standing: We support the business in the belief that it will provide a needed Iva 04 Cakf service to our reighborhoGd and dornmur,Ay it addition to contributing to the stavility, of our nelrghborhood. Mrs- R%, x- t mr Fk,-, Respectfully submitted, Randall Hinsha°,A, Director of Cperaticlts ~,t!-r.a 51:,;11 tt$r. E,i: r,t~a F Sntd,,.Ir, Fives r3, mn4 Tmw R, - _ - BF ax his. logy ce D.A.r: TIAUS 13#94 Bcmasd Street,, Post Office Drawer G, Dtmton,'Texas 76202-1657 Administrative Ofli, `1.191-382-5112 Fa r)4o- 37-0 f 7T . Mctm 9417-32t1-2113 City Council Staff Report Page 13 of 24 1'.;'1-x'2010 415:59 PM Case#: 510-0006 City of Denton Planning Department; 221 hi. fin St. Denton, T 76201 To wham it may concern, Please t this latter as evidence ofour support far 1"v[r. James (Jim) Cn iffin's proposal to utilize a space on his properly for the purpose 0f conducting a lousiness that requires a variance or SUP at 1325 Normztn St. Our coruPany, SM3 Management, owns the property at 1323 Norman Sty located directly adjacent to Mr. Grifrin s property on the north, aide. Mr. Griffin has discuss*d the use ofthe property at length, with us, and we see no negati,,e i-nrtpact to ,01'r projxrty or any other surrourndin property. We believe Mr. Griffin has adequate parking a~W &cilkies in place. We support Mr. Griffins plan,, anal encourage The City of Mon to support the plan as well. Regards, Marc Moffitt For the Partners SM3 Management Property Owner City Council Staff Report Page 14 of 24 1'.;'1-x'2010 415:59 PM Case#: S10-0006 (AIM PROPERTIES 1V. Bell, $te, 215 r Denton, TX 76209 & LyvwnAX7f209 s 944)-393--3741 + F'ax fJ-3$1-1827 September 20, 2010 Denton City Planning and Zoning Dentin City Council 221 !`forth Elm Street Denton, TX 76201 To Whom It May Concern: It has been brought to y attention that Yrn Griffin i applying for a specific use permit at 1525 Norman Street. I own four properties ad acent to and behind his property. This letter is written in support of this application. There is ample parking and it would an asset to the mighborhood. I encourage the City of Denton to support this plan. 5in7elsoe Jot1 City Council Staff Report Page 15 of 24 1'.;'1-x'2010 4 : 15:59 PM Case#: S10-0006 Scot Brown, REALTOR Ur© :er 1400 Dallas Dr., Denton, TX 76205 (9411) 390-7368 September 22, 2010 Planning and. Zoning Commission City of Denton Dear Sir d Madam: It is my understanding that Mr. Jim Ctitfin is requesting arr. SLIP that will allow him to conduct his business as a barber in a residential area. lie is requesting permission for the placement of one barber chair. As an vlt ner of over forty residential rental preperties, three being in the immediate vis emit , Mr, Griffin's pi-ol,r,sed location, I am in cornpletL~ al;rec zcnt with this request and can sere Iii, problems arising Loin him conducting his business i said location. I sincerely hope that you will 4i.ini Mr_ Oillin permission as requested above. S' er y, Brown wxv.scntihtins=npro rties.rom wuEw,rentdcnton.net City Council Staff Report Page 16 of 24 1'.;' 1-x''010415: 59 PM Case#: S10-0006 Exhibit 6 Responses to Notification Le~ d Os1TE ]PP( E R Q Ft M c.t- B dwy Q Ft. G-t.e y Notification 8-d ,y N S10-0006 s. Barber Shop in Residence ' Number of responses to 200' Legal Notice In Opposition: 3 In Favor: 3 Neutral: 0 Percent Opposed is 0.32 acres or 7.10 City Council Staff Report Page 17 of 24 1'.;'1-x'2010 415:59 PM Case#: 510-0006 01/04/2010 18:14 FAX 9403N11627 HELSOE PROPERTIES 15,11001 NOTICE OF PU8LIC HEARING 810-0006 The Planning and Zoning Commission of the City of Denton will hold a public hearing on November 17, 20110 and consider making a recommen:Jallun to City Council, reywdii ig a specific use permit to allow d barber shop within a sfrm~le-family home louatud wtthfn a Downtown Reatdentlal 1 CDR-11 zoning and use (1:stdut can al)vfo.xiwately 0,13 acres. Tie property is located can tho northeast comer of the Intersection of Norman Street and Greenlee Street and Is more commonly known as Lot 16, Block 6 of the Wiside Addition. The public hearing will start at 6:30 p.m. In the City Council Chambers of City hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the sub,19ot property, the Planning and Toning Cvm rriss;on would like to hour how you feel about this (c-quest and invites you to attend the public hoari ng. Please, in order for your opinion to be taken into accou)t. retk. ro this form with your comments prior to the date of the public Clearing. (This in no way prohibits you from aftendiraCj' and partieipating in, th9 poblirr hearing.) You mNy fax it to the number located at the bottom or mail it to Ihn nddress below or drop It OR in-person.: Planning and Development Department Attn: Erlea Marohnic, Project Manager 221 N. Elm ST Denton, Texas 76241 These forma are used to calculate the percentage of landowners that support and oppose the request, The Commission is informed of the percent of responses In support and In opposition, In fever of re u Reasons for Opposition: Please circle one: Neutral to request Opposed to request CITY O DENTOAf, TEXAS ' CITY HALL WEST • DENIM, TEXAS 78201 - 940.349,8541 • {E} 943.349.770.1 200" P8Z Nofie 6 City Council Staff Report Page 18 of 24 1'.;'1-x'2010 415:59 PM Case#: 510-0006 NOV 08 2020 3:26PM Reram Inc. 8.10-b3Ei-1274 page 1 li • . t NOTICE F PVBLIC HEAR NG . The Planning -.and Zoning Commission of the City of Denton will hold a public hearing on November 17, 2010 and consider making a recommendation to City Council, regarding a.specillc-use permit to allow a barber-shop within a single-family home located within a Downtown Reskfential 1 (DR-1) zoning and use district on apprnxi!rately 0.13 acres. The property is located on the northeast corner of the Intersection of Norman Street and Greeniee Street 'and is more commonly known as Lot 15, Block 6 of the Hillside Addition. I The public he@fing will start at 620 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, `Taxas. Because you own property within two hundrad (200) feet of the ' r subject properly, the Planning and Zoning t^ommissjon would like to hear hou+ YOU feel chout `his ,request onl invites you to after,d the pubdc hearing.,' please, In order for yourtapJniori4 be, taken Into - aC:our f return this form with your ornments prior to the date of the public hearing (This in no way -lore thU Yeu Lbr ..sit ,icing 8n_,^p _ "Pgng in: ffre Pob7ic hearing . Ynti rn~t lax It tic tk~8 number j i located.at the bottom or mail it to the address below o drop 1641n-person; 1 Planning and Development Department Attn: Edda Marohnie, Project Manager i 221 N,-EIm ST Dentot ,.Texa6. 76201 These forms arm used to.balculate the percentage of landowners that supp.art and-oppose the requee,f. • The. Com-rhisslon is infpxrned of the percent of responses in support and tn'opposition: - - Please circle one: 10 favor:ot request Neutral to request Opposed tq,aquas`-( Reasrvns for=6pposition, ; srgnwure: Printed Verna: ~ P Malling Adldre City, State Zip: ; Telephone Number: _ Physical Address of Property within 00 feet: i -Ai t CITY OFOENTONr TEXAS CITY HA12. WEST • 2lEtJTgrV, TEXAS 762pfi 844.348.8641 • (F) 948.349,7707 ti 200' PU Nouce . t City Council Staff Report Page 19 of 24 1'.;'1-x'2010 415:59 PM Case#: S10-0006 11/12/2810 03:05 9 9,1:, 4185 BAILEY PROPERTIES PAGE 01/01 NOTICE OF PUBL L *1-C HEARING S10-0006 The Planning and Zoning Commission of, the City of Denton Will hold a public haaring on November 17, 2010 and consider making a recommendation to Clty CvunCll, regarding a spedfic use permit to allow a barber shop within a single-fatuity home located within a CowntcWn Residential 7 (DR-1) zoning and u;P ditfrict on apprvximatplyr 0.13 a,,es. The property Is located on the northeast corner of the intersection of Ncrman $trcct and Greenlee Street and Is More Commonly known as Lot 15, Block 6 of the HNsirde Additlon. The public hearing will start at 6230 p.m, in the City Council Chambers of City Hall located at 218 1=, McKinney Street, Benton, Texas_ Because you own property within two hundf6d (200) feet of the subject property, the Plerrrung and ?orinq Commission would tike to hear how you feel about this request and Invites ywi to affcW the public hearing. Please, in order for your npfnton to be taken into account, return this form 1 ilh you- comments prior to the date of the public hKring. (This in no way prohiblIq you_~m ~atleoding and participating in -the public heart!ty.) you may fax It to the number located at tine botkam or mail if to the address below Qr drop it cff in-pers q`r~; Planning and Development Department Attn: Erlea Marohnic, Project Manager 221 N. Elul ST flentnn, Texas 76204 ThOse ppcsethe etfue$t Trms are used to calculate he Comm ss on is Informed t of the percent ofrrespo responses in support and in Opposition, Please circle one: In favor of request Neutral to request Reasons for Opposition; Printed Blame: 673:urtg Address-, C4, state zip: -F9 n.3c r _7T11 ~1. Telephone Number: i Physical Address of Property v,ithln 2(l0 COPPOSed to request CJTYOFDENT©Af, TEXAS CITYNAL1,WEST - DENTON,l'EXAS 76201 - 840.3494541 - (F}S40.340_7707 200' Ph' Novc~, City Council Staff Report Page 20 of 24 1'.;'1-x'2010 41559 PM Case#: S10-0006 t. r _ n n NOTICE OF PUBLIC HEARING SIO-0046 The Planning and Zoning Commission of the City of Denton will (fold a public hearing on November 17, 2010 and consider making a recommendation to City Council, regarding a specific use permit to allow a barber shop within a single-family home located ',:01n a Downtown Residential 1 (DR-1) zoning and use district on approximately 0,13 acres. The property is located on the northeast corner of the intersection of Norman Street and Greenlee Street am! is more commonly known as Lot 15, Block 6 of the Hillside Addition. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney 6treet, Denton, Texas. Because you own property within two hundred (200) +`u&t or floe subject pwperty, the Planning and Zoning Commission would tike to hear how you feel -ii cut this request and frrwtes you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Devetopment Department Attn: Erica Marohnic, Project Manager 221 N. Elm ST Denton, Texas 75201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: Signature: Printed Namu.`~ c ~-V - Mailing Addre 3: x City. State 01) it r2 rr' X-~ 7,5)27 Telephone Number: V G. / " Physical Address of Property wit-in 200 feet: `1 rte : ~Ftr s7 CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 » 940.349.8544 - (F) 940,349.7707 200'P&Z Noth~* City Council Staff Report Page 21 of 24 1'.;'1-x'2010 41559 PM Case#: S10-0006 Cinavor of reciuPSf N'2.itral to request Opposed to request Reasor pposition: NOTICE OF PUBLIC HEARING S10-0006 The Planning and Zoning Commission of the City of Denton will hold a public hearing on November 17, 2010 and consider making a recommur elation to City Council, regarding a specific use permit to allow a barber shop within a single-faWly Foi1e located within a Downtown Residential 1 (DR-1) zoning and use district on approximately 0.13 acres. The property is located on the northeast corner of the intersection of Norman Street and Greenlee Street and is more commonly known as Lot 15, block 6 of the Hillside Addition. The public hearing will start at 6:80 p.m, in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public bearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off In-person: Planning and Development Department Attn: Erica Marohntc, Project Manager 221 N. Elm 5T Denton, Texas 76241 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of req e Reasons for Opposition: Please circle one: Neutral to request Opposed to request Signature: 't - ?t Printed Name: .A't VailingAddress: _ lAoi el "W t City, State Zip: 0L- ^.1 tA A Telephone Number: 1 740 3,10 Physical Address of Property within 200 feet: c r, aJ 3 iN C'~ r CITY OF DENTON, TEXAS CITY HALL WrST • DENTON, TEXAS 76201 • 940349M41 - (F)MU49.7707 'CL'r'6--?iJoii City Council Staff Report Page 22 of 24 1'.;'1-x'2010 415:59 PM Case#: S10-0006 Nov, 10, 201 0 9;90AM Thates ;o~ struct ion Inc No. 2940 P. 1 NOTICE OF PUBLIC TEARING 51 O-0006 The Planning and zoning Commission of the City of Denton will hold a public hearing on November 17, 2010 and consider making a reccmendatiur• to City Council, regarding a specific use permit to allow a barber shop within a single-family home loca,ad within a ©ownLo`.,n Residential 1 (DR-1) zoning and use district on approximately 0.13 acr"L. Tiro property Is lrna`ea on the northeast corner of the Intersection of Norman Street and Greenlee 51reet and is more commonly known as Lot 15, Block 6 of the Hillside Addition. The public hearing will start at 6'30' p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing, Please, In order for your opinion to be taken into account, return this form with your comments ,rior to the date of the public hearing. (This in no way prohllutl you fmrn attending Hnd parficipating in the public hearing.) You may fax it to the number located at the bottom or mail It to the address bolcw or drop it off in-person: Planning and Development Dopartment Atin; Erica Marohntc, Project Manager 221 N, Elm ST Denton, Taxas 76201 These forms are used to ralculate the percentage of landowners that support arid oppose the request, The Co9`lnliss.M is informed of the percent of responses in support and In opposition. I Please circle one, In favor of request Neutral to request Opposed to request Reasons for Opposition, F'nnted NamFi.. ~{A Cl'In ~ i\'/1 @.f fr\ Mailing Address: City, State l_lp: 17~ n+rJn 7 y^s 201 Telephono Num~4r. ' io)3frl-Sf'75" Physical Address of Property within 200 feet: f.tto P~~k_;t . CITY OP DE1VTON, TEXAS GIT1r HAIL WEST - DENTON, TEXAS 78201 - $44.349.8541 • (F)940,34$,7747 200,042 Notice City Council Staff Report Page 23 of 24 1'.;'1-x'2010 4 : 15 :5 PM Case#: S10-0006 Exhibit 7 November 17, 2010 P&Z Meeting Minutes 4. PUBLIC HEARINGS: A. Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit to allow a barber shop as a home occupation within a single-family residence at the northeast corner of the Norman Street and Greenlee Street. The site is located within a Downtown Residential 1 (DR-1) zoning district and contains approximately 0.13 acres. (510-0006, Barber Shop in Residence, Erica Marohnic) Marohnic presented this item showing the location map, future land use map, site photos of the property and surrounding uses. A barbershop is considered a home occupation and is permitted in the current DR-1 zoning district with the approval of a Specific Use Permit, which is before the Commission this evening. There are a few restrictions outlined by the Denton Development Code (DDC) for a barber/beauty shop use as follows: The barber shop use shall only be conducted by family members who live in the residence; no outside employees are permitted, the barber shop shall have no more than one (1) chair and no more than two (2) customers are permitted at one time and the business shall only operate between the hours of 8:00 AM and 8:00 PM. The applicant has stated he does not have a problem with these restrictions. There were 18 notices sent within a 200 feet radius of the subject site and 75 courtesy notices mailed within 500 feet of the subject site. There were 3 notices received back in favor of this request and 3 notices received in opposition of this request. The total in opposition is approximately 7.10% of the total surrounding area. The Development Review Committee recommends approval subject to the three conditions outlined in the DDC. Eagleton opened the public hearing. Three cards in support were provided to the chair, 2 did not wish to speak. Jim Griffin, 1325 Norman Street Griffin is the applicant and filled out a card to speak. Griffin stated he believes the opposition came from neighbors concerned regarding an increase in traffic. Griffin stated that the barber chair is strictly for family and friends, there will be no walk-in traffic. Commissioner Thomas motioned, Commissioner Bentley seconded to approve this Specific Use Permit. On roll call vote: Commissioner John Ryan "aye", Commissioner Jay Thomas "aye", Chairman Walter Eagleton "aye", Commissioner Thom Reece "aye", Commissioner Brian Bentley "aye" and Commissioner Patrice Lyke "aye". Motion passes unanimously (6-0). City Council Staff Report Page 24 of 24 1'.;'1-x'2010 415:59 PM Case#: SIO-0006 sA1cga1lour documentslordinances1101sI0-0006 ordinanace-final.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A BARBER SHOP AS A HOME OCCUPATION ON APPROXIMATELY 1.3 ACRES OF LAND WITHIN A DOWNTOWN RESIDENTIAL I (DR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, GENERALLY LOCATED AT THE NORTHEAST CORNER OF NORMAN STREET AND GREENLEE STREET WITHIN THE HILLSIDE ADDITION, WITHIN 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. (S10-0006) WHEREAS, Mr. James Griffin, has applied for a Specific Use Permit to allow a Barber Shop as a Home Occupation in his residence on approximately 0.13 acres of land within a Downtown Residential 4 (DR-1) zoning classification and use designation legally described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, on November 17, 2010, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested Specific Use Permit; and WHEREAS, the City Council finds that the request is consistent with the Denton Plan and the Development Code, specifically finding that the requirements of §35.6.4 are satisfied by the proposal when conditioned by the Site Plan attached as Exhibit "B"; 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. A Specific Use Permit to allow a Barber Shop as a Home Occupation on the Property is hereby approved, subject to the following conditions: 1. The barber shop use shall only be conducted by family members who live in the residence; no outside employees are permitted. 2. The barber shop shall have no more than one (1) chair and no more than two (2) customers are permitted at one time. 3. The business shall only operate between the hours of 5:00 a.m. and 5:00 p.m. 4. The Specific Use Permit is valid for ten (10) years from the effective date of this ordinance and shall automatically expire on January 18, 2011 without further actions of the applicant or the City of Denton. salegallour documentslordinanccs1101s10-0006 ordinanace-final.doc SECTION 3. The Specific Use Permit location map attached hereto and incorporated herein as Exhibit "B", is hereby approved, as an additional condition of the permit. 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 provision 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 , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: sAeo\our documentslordinances1101s10-0006 ordinanace-final.doc EXHIBIT A LEGAL DESCRIPTION Hillside Addition, Block 6, Lot 15. Olegal\ou€ documents\ordinancesNIO\s 10-0006 ordinanace-final.doc SITE PLAN EXHIBIT B r rt"~ I gl~ j 9 - _ 11L rP MEW P l-Fnend Barber hop i Reside t ni S10-0006 I TRAFFIC SAFETY COMMISSION AGENDA ITEM #1 2 3 DRAFT MINUTES 4 TRAFFIC SAFETY COMMISSION 5 October 4, 2010 6 7 After determining that a quorum of the Traffic Safety Commission of the City of Denton, Texas 8 was present, the Chair of the Traffic Safety Commission thereafter convened into an Open 9 Meeting on Monday, October 4, 2010, at 5:31 p.m. in the City Council Work Session Room, 10 City of Denton City Hall, 215 E. McKinney Street, Denton, Texas. 11 12 Present: Chair John Crew Connie Baker Pat Cheek Michael Green, (5:35) 13 Ralph Glass Marion Scott Kim Spivey Zachary Tucker 14 15 Absent: Howard Draper, excused 16 17 Also Present: Rod Reeves, DISD 18 Sharma Bowman, DCTA 19 20 Frank Payne, City Engineer 21 Bud Vokoun, Traffic Engineer 22 Mark Nelson, Transportation Director 23 Kim Mankin, Administrative Supervisor 24 25 OPEN MEETING: 26 27 1) Consider recommending approval of Traffic Safety Commission meeting minutes 28 a) August 2, 2010 29 30 The minutes were approved as circulated. 31 32 2) Receive a report, hold a discussion and make a recommendation regarding No Parking zones 33 on Robertson and Jackson Streets associated with the proposed elimination of the existing 34 grade crossing of Robertson Street on the Denton County Transportation Authority rail 35 corridor. 36 Mark Nelson, Director of Transportation, presented this item. This project has been in the works 37 for 14-18 months. This item is in reference to DCTA's request to take a look at the Robertson 38 Street at the rail crossing. This item came before the Traffic Safety Commission last fall for a 39 recommendation by staff to close Robertson. It has also gone to the Mobility Committee as it is 40 moving through the process. Staff has received some numbers for preliminary engineering. It 41 was determined that it could not perpetuate the change due to the limited amount of right of way. 42 There is retaining wall at Fred Moore School. Between the rail corridor and the corner of that 43 retaining wall a pinch point is created. That pinch point essentially results in the non-standard 44 right of way width for the residential collector street. As far as staff's proposal we are 45 recommending approval of that non-standard right of way, at its narrowest point there are 28' of 46 pavement versus 37' of pavement area. In doing that we wanted to improve the safety, and the Draft Minutes of the Traffic Safety Commission Minutes October 4, 2010 Page 2 of 17 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 part of that safety recommendation would be to have a no parking area. That area would be from the north by Skinner Street the westerly side of the new Robertson Street down by Mill Street to the easterly side of the realigned Robertson to the existing Robertson Street crossing. Additionally, where the existing Robertson street crosses this would benefit the safety since there is a reduced cross section through that area. The school district is on board; staff has submitted a letter from DCTA requesting -implementation of no parking zones at that location. There is also a letter from DISD requesting a no parking zone along portions of the proposed realigned Robertson Street. Michael Green asked about sidewalks in that area in the proposal. Nelson stated there was currently not a sidewalk; staff is proposing a 5' sidewalk as part of the project along the west side up to Skinner. Green asked why the sidewalk stops before the no parking begins. Nelson stated it was the street improvement. Crew stated that currently you can park on both sides of Robertson. Nelson agreed. Crew further asked why is there no parking all the way to Mill Street on the new aligned Roberson Street. Nelson responded that was the recommendation from the Traffic Engineer to improve safety as you go around the corner with the school buses and pedestrians in that area. Crew asked if people will be able to park on the north side of Robertson, Nelson said yes it is residential. Marion Scott asked about drop off s at the school. Nelson stated that the desire from the school district was to bring vehicle traffic through Cross Timber Street back to Wye Street. Crew stated that this item was brought before the Traffic Safety Commission in February. The suggestion was to have the newly aligned Robertson Street open to the parking lot. Nelson stated that DISD didn't want that opening to create a cut through for the general public. Nelson said that the question for Traffic Safety Commission tonight is the no parking item. There is part of Jackson Street in the DCTA corridor. As far as moving the street further to the west into the DCTA corridor, we get into the safety requirements of separation of the hike and bike trail. Cheek asked if the neighborhood knows that the plans had been revised. Nelson stated that they did know. Cheek went on to say that last time they were not happy about anything they didn't know about. Nelson stated there was a public meeting on Monday or Tuesday night with SEDNA and DCTA laid it out to them at that meeting. Crew asked if the curve on Jackson Street could be any better, or was that the best they could do. Nelson stated the other option would be to get into a `take' situation by DCTA. It would have to go through the City for eminent domain reasons. DCTA and the City of Denton didn't want to go through that because the ability to get the cross section was able to be met with the 24' cross section which would meet current requirements. Also with respect to the time it would take to go through working with each of the property owners and the time line and trying to still make the 'A train time constraints. Crew asked if the Old Robertson Street would be barricaded so people wouldn't find themselves driving where they didn't need to be driving. Nelson stated that the hike and bike trail is a delineation point but there is a safety fence on the other side. There will also be curb and gutter to prevent people from using the old road. Zachary Tucker moved to approve the no parking request, Ralph Glass seconded. Vote 8- 0 approved. Rod Reeves, DISD, thanked the commission, Mark Nelson, Frank Payne and Bud Vokoun for all their help on this project. 42