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February 22, 2005 Agenda
AGENDA CITY OF DENTON CITY COUNCIL February 22, 2005 After determining that a quorum is presem, the City Council of the City of DeNon, Texas will convene in a Special Called Work Session on Tuesday, February 22, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Receive a report, hold a discussion and give staff direction regarding the creation of an approximately 11.6 acre historic conservation overlay district. The property is generally located on the east and west sides of Bell Avenue, south of Sherman Drive and north of University Drive. The Historic Landmark Commission recommends approval (7-0). The Planning and Zoning Commission recommends approval (6-0). Receive a report, hold a discussion, and give staff direction regarding the City of DeNon Animal Services Department. Receive a report, hold a discussion and give staff direction regarding a Request for Engineering Development Review Services. Receive a report and hold a discussion regarding the North Cemral Texas Workforce Developmem Board and its services available to the City of DeNon. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of February 22, 2005. Following the completion of the Special Called Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1. Closed Meeting: Consultation with the City Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Receipt of legal advice from City Attorney regarding the Award of Special Commissioners and procedural options in condemnation proceedings styled City of Denton, Texas v. Dana J. Beavers aka Dana J. Smith, et al., Cause No. ED-2004-485 pending in the Probate Court of Denton County, Texas. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED iN A CLOSED MEETING WILL ONLY BE TAKEN iN AN OPEN MEETING THAT IS HELD iN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN iN THE CLOSED MEETING iN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN iNTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE iN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, iN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, iNCLUDiNG, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Demon City Council Agenda February 22, 2005 Page 2 Special Called Regular Meeting of the City of Demon City Council on Tuesday, February 22, 2005 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: 1. PLEDGE OF ALLEGIANCE mo U.S. Flag Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS mo Proclamations/Awards February Yard-of-the-Month Awards Recognition of staff accomplishments 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 - Y). 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 - Y below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. mo Consider approval of the minutes off January 11, 2005 January 18, 2005 January 24, 2005 January 25, 2005 Bo Consider and confirm the appoimmem by the City Manager of a new member to the Civil Service Commission. Co Consider approval of a resolution of the City of Demon, Texas, authorizing and directing the City Attorney to file Amicus Briefs and other pleadings in support of the City of Rockwall in a case styled Hughes v. City of Rockwall; and providing an effective date. Do Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of overhead conventional pole-mounted distribution transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3285 - Three Year Contract for Overhead Conventional Pole-Mounted Transformers awarded to the lowest responsible bidder for each item in the estimated amount of $169,895). The Public Utilities Board recommends approval (6-0). City of DeNon City Council Agenda February 22, 2005 Page 3 mo Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of pad-mounted underground distribution transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3289 - Three Year Comract for Pad-Mounted Underground Distribution Transformers awarded to the lowest responsible bidder for each item in the estimated amoum of $1,690,000). The Public Utilities Board recommends approval (6-0). Fo Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 3291 - Annual Comract for Water Treatmem Chemicals awarded to the lowest responsible bidder for each item in the estimated amoum of $500,000). The Public Utilities Board recommends approval (6-0). Go Consider adoption of an ordinance approving a change order for a three-year contract between the City of Denton and Waukesha Electric Systems, Inc. approved by Ordinance No. 2003-383 for the purchase of 15/20/25 MVA power transformers; providing for the expenditure of funds therefor; and providing an effective date (Bid 3105 - Three Year Agreemem Change Order One in the estimated amoum of $54,000 per transformer). The Public Utilities Board recommends approval (6-0). Ho Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with State of Texas Building and Procurement Commission and awarding a comract for the purchase of Tires & Tubes to Gray's Wholesale Tire Distributors, Inc.; providing for the expenditure of funds therefor; and providing an effective date (File 3297 - Imerlocal Agreemem for Tires & Tubes with State of Texas Building and Procurement Commission, contract awarded to Gray's Wholesale Tire Distributors, Inc. in the estimated amoum of $100,000). Consider adoption of an ordinance of the City of DeNon authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Govemmems (HGAC) for the acquisition of a hazardous materials response vehicle for the City of Denton Fire Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3299 - Imerlocal Agreemem for Hazardous Materials Response Vehicle with HGAC awarded to Martin Apparatus, Inc. in the amoum of $430,000). Jo Consider adoption of an ordinance accepting competitive bids and awarding a comract for purchase of heavy trucks for various City departmems; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3252 - Fleet Heavy Trucks awarded to the lowest responsible bidder for each item in the amoum of $553,345). The Public Utilities Board recommends approval of Utility related vehicles in the amoum of $304,364. Ko Consider adoption of an ordinance accepting competitive bids and awarding a comract for purchase of two rear-load chassis only and one roll-off refuse truck for the City of Denton Solid Waste Department; providing for the expenditure of City of DeNon City Council Agenda February 22, 2005 Page 4 funds therefor; and providing for an effective date (Bid 3281 - Refuse Trucks awarded to lowest responsible bidder for each item in the amoum of $315,524). The Public Utilities Board recommends approval (6-0). Lo Consider adoption of an ordinance of the City of DeNon, Texas authorizing payment of the Award of Special Commissioners into the Registry of the Court in condemnation proceeding styled City of Denton, Texas v. Dana ~1. Beavers aka Dana ~1. Smith, et al., Cause No. ED-2004-485 pending in the Probate Court of Denton County, Texas, and declaring an effective date. Mo Consider adoption of an ordinance of the City of DeNon, Texas authorizing the City Manager to execute a Professional Services Agreement with R. W. Beck, Incorporated, Austin, Texas, for consulting services pertaining to the preparation of a solid waste department operational analysis and review; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (4-0). No Consider approval of a resolution of the City Council of the City of DeNon, Texas, authorizing the Mayor, as representative of the City, to issue a letter designating the DeNon Children's Coalition Success by 6®, as "Local Council" for the purposes of application for Early Learning Opportunities Act (ELOA) discretionary grant funds; to designate the United Way of Denton County as fiscal agent for the "Local Council"; and providing an effective date. Oo Consider adoption of an ordinance of the City of DeNon, Texas approving and authorizing the Mayor to execute an Interlocal Agreement between the City of Denton and Denton County, Wise County, Cooke County, Montague County, City of Gainesville, and the City of Bowie for the purpose of participating in the North Central Texas Arson Task Force; and declaring an effective date. Po Consider adoption of an ordinance approving an abandonmem of Street Right-of- Way for a portion of Woodrow Lane adjacem to a 0.510-acre tract of land as described in deed from Thomas W. Whiltlock to William L. Mitchell, II, and David J. Moraine, as recorded under Clerk's Documem Number 2004-1871, Real Property Records, Denton County, Texas, and being located in the J. Brock Survey, Abstract Number 55, Denton County, Texas, and providing an effective date. Qo Consider adoption of an ordinance approving a Right-of-Way Use and Encroachmem Agreemem between the City of DeNon and the University of North Texas to allow boring under existing City public utility easemems and public right-of-way that will accommodate the installation of Electric Facilities between University of North Texas Properties located on the east and west sides of Bonnie Brae Street; and providing an effective date. Ro Consider adoption of an ordinance approving an Imerlocal Ambulance Agreemem between the City of DeNon and the City of Ponder for ambulance service; and declaring an effective date. City of Demon City Council Agenda February 22, 2005 Page 5 So Consider adoption of an ordinance approving an Imerlocal Ambulance Agreemem between the City of Demon and the City of Sanger for ambulance service; and declaring an effective date. To Consider adoption of an ordinance of the City of Demon, 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. Uo Consider adoption of an ordinance of the City of Demon, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Demon and Demon County for ambulance services; and declaring an effective date. go Consider adoption of an ordinance of the City of Demon, Texas providing for the Amendmem of the Industrial Developmem Rider (Schedule IDR) to the schedule of electric rates comained in Ordinance No. 2004-386; the purpose of which amendment to the above recited rate schedule IDR being to clearly express the policy of the City Council regarding the qualification for such rate; providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommends approval (4-0). Wo Consider adoption of an ordinance of the City of Demon, Texas providing for the amendment of the Schedule of Water Rates in Ordinance No. 2004-256; amendment of the Schedule of Wastewater Rates in Ordinance No. 2004-257; amendmem of the Schedule of Solid Waste Rates in Ordinance No. 2004-258; and amendmem of the Schedule of Electric Rates in Ordinance No. 2004-386; the purpose of which amendment to the above recited rate ordinances being to remove all reference to any provision dealing with the proration of billing of such accounts, it being the policy of the City of Denton, Texas to no longer provide for proration of utility billing accoums; providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommends approval (4-0). Xo Consider adoption of an ordinance ordering an election to be held in the City of Demon, Texas, on May 7, 2005, and, if a runoff election is required, on June 11, 2005 for the purpose of electing council members to Places, 1, 2, 3, and 4 of the City Council of the City of Demon, Texas, designating voting places and appoiming election officials, providing for bilingual notice of the election, ordering that an electronic voting system be used, making additional provisions for the conduct thereof, providing an open meetings clause, and providing for an effective date. Yo Consider adoption of an ordinance of the City of Demon, Texas authorizing settlemem of litigation styled Patrick Robinson v. City of Denton, Ttexas, et al, Cause No. 2003-60130-393, filed in the 211th District Court of Denton County; authorizing the City Manager and the City's attorneys to act on the City's behalf in executing any and all documents, and to take other actions necessary to finalize the settlement and release of claims; authorizing the expenditure of funds therefor; and declaring an effective date. City of DeNon City Council Agenda February 22, 2005 Page 6 4. PUBLIC HEARINGS Hold a public hearing and consider adoption of an ordinance amending Subchapter 35.13 (Site Design Standards) of the DeNon Developmem Code. The Planning and Zoning Commission recommends approval (6-0). (SI04-0035, Street Tree Regulations) B. Consider the following regarding Presbyterian Hospital: Consider adoption of an ordinance approving an Encroachmem Agreement between the City of Denton and Triad-Denton Hospitals, Limited Partnership, to allow monument and directional signage to be located within various existing City public utility easemems; and providing an effective date. Hold a public hearing and consider the creation of a Special Sign District for the Presbyterian Hospital developmem. The approximately 47 acre property is in a Dowmown Commercial General (DC-G) zoning district and is generally located south of Scripture Street, north of West Oak Street, and west of Bonnie Brae. The purpose of the Special Sign District is to allow signage for a development to deviate from the requirements of Subchapter 15 of the Development Code relating to directional signage. The Planning and Zoning Commission recommends approval (6-0). (SD04-0003, Presbyterian Hospital) 5. ITEMS FOR INDIVIDUAL CONSIDERATION Consider approval of a resolution reviewing and adopting the Investment Policy for funds for the City of DeNon; designating an investmem officer; providing a savings and a repealing clause; and providing an effective date. Consider adoption of an ordinance approving a professional services agreemem for a Downtown Redevelopment Implementation Plan between the City of Denton and RTKL Associates, Inc.; authorizing the expenditure of funds therefor and providing an effective date. Consider approval of a resolution of the City of DeNon, Texas, endorsing and advocating a proposed service plan rail route by the Denton County Transportation Authority that would use the former Union Pacific Railroad Right- of-Way ("MKT") that runs parallel to 1-35 East between North Carrollton and Denton, with an ultimate terminus within downtown Denton, and providing an effective date. D. Consider nominations/appoimmems to the City's Boards and Commissions. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. City of Demon City Council Agenda February 22, 2005 Page 7 Bo Dessie Goodson regarding responsibility. J. B. Spaulding regarding Fire Station 7. Fo New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Go Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Ho Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 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 Demon, Texas, on the day of ,2005 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: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Economic Development/Main Street Mike Conduff, 349-8307 ~ SUBJECT - Receive a report, hold a discussion and give staff direction regarding the creation of an approximately 11.6 acre historic conservation overlay district. The property is generally located on the east and west sides of Bell Avenue, south of Sherman Drive and north of University Drive. The Historic Landmark Commission recommends approval (7-0). The Planning and Zoning Commission recommends approval (6-0). BACKGROUND In 1995, the City hired Knight and Associates to conduct a historic resources survey. The report recommended that the Bell Avenue and Locust/Austin Street areas be considered for historic conservation district (HCD) status. In April 2000, Historic Landmark Commissioners met with the residems of the Bell Avenue neighborhood to discuss the possibility of a HCD. The residems were very excited aborn the possibility, formed the Bell Avenue Neighborhood Association (BANA) and began holding meetings. BANA has pioneered the efforts of the HCD and was influemial in helping shape the enabling ordinance (#2002-322), which was passed in 2002. RECOMMENDATION The Historic Landmark Commission recommends approval (7-0) Planning and Zoning Commission recommends approval (6-0) ESTIMATED PROJECT SCHEDULE If approved, staff will place this item on a future City Council agenda for a public hearing and consideration of the ordinance. A draft ordinance is attached for your review. PRIOR ACTION/REVIEW The following is a chronology of SI04-0042: 1995--City of DeNon hires Knight and Associates to conduct a historic resource survey. The report recommended that the Bell Avenue and Locust/Austin Street areas be considered for historic conservation district (HCD) status. April 10, 2000--HLC discusses organizational meetings for proposed HCDs for Austin/Locust Street area and Bell Avenue area. May 22, 200--First Austin/Locust Street area neighborhood meeting to discuss possible conservation district. June 12, 2000--First Bell Avenue neighborhood meeting to discuss possible conservation district. December 10, 2001--HLC recommends an ordinance allowing the creation of conservation ordinances to P&Z. Motion carried 7-0. June 12, 2002--Planning and Zoning makes recommendation to City Council concerning the ordinance to add a Conservation district. Motion carried 5-1, Commissioner Bill Keith opposed. July 16, 2002--City Council Public Hearing on conservation districts ordinance. Council postponed action and requests more information from staff. July 23, 2002--City Council Work Session on ordinance. September 17, 2002-- City Council adds section 35.7.6 to Chapter 35, subchapter 7 of the City of Demon Code of Ordinances. 2000-2004--HLC received reports from Bell Avenue area group on a regular basis regarding the neighborhood's work on building consensus and design guidelines. March 8, 2004--Bell Avenue submits application for HCD status. HLC recommends approval of the application to P&Z staff. July 29, 2004--Bell Avenue Design Guidelines Neighborhood Meeting, City Hall Council Chambers. August 23, 2004--Design Guidelines Neighborhood Meeting, Trinity Presbyterian Church. October27, 2004--Planning & Zoning Work Session on Bell Avenue HCD. December 1, 2004--Second Planning & Zoning Work Session on Bell Avenue HCD. January 12, 2005--Planning and Zoning recommends approval (6-0). FISCAL INFORMATION None ATTACHMENTS 1. Staff Analysis 2. Map 3. Public Notification (Property Owner Notification Map) 4. Ordinance 5. Minutes from the January 12, 2005 Planning and Zoning meeting 6. Proposed design guidelines from Bell Avenue Neighborhood Association 7. Amended design guidelines from staff (Legal, Historic Preservation Officer, Planning staff) Prepared by: Julie Glover Main Street Program Manager, CMSM Respectfully submitted: Linda Ratliff Director of Economic Development EXHIBIT A Staff Analysis Summary_ of Zoning Request After reviewing the application, information, and public hearing comments, the Historic Landmark Commission (HLC) recommends a creation of a Historic Conservation District (HCD) for the area outline in the original application. The HLC believes the area designated meets the requirements of the statute and should go forward to the Planning and Zoning Commission as requested in the application. The proposed district must meet criteria to be considered for Historic Conservation District pursuant to Sec. 35.7.6.3 of the Denton Development Code. The criteria is as follows: a. Must include buildings, structures, or sites which are 50 years of age or be of historic significance. This criteria is met as 24 buildings and structures are 50 years of age or more. See Exhibit A, p. 5. b. Must include buildings, structures, or sites that have common character defining features and be of common form. The proposed district includes a mixture of several distinctive styles which are to be preserved. Some of the styles present are colonial revival, Tudor revival, ranch and craftsman bungalow. For more specifics as to number of home of particular style see Exhibit A, p. 5 and Exhibit B. Exhibit B describes the different styles and how the buildings and structures of the proposed district contribute to these defining characteristics. c. Must include buildings, structures, or sites which are similar in size, massing and scale and/or have a common streetscape and/or have similar spatial relationships and/or contain common visual qualities such as vegetation, vistas, orientation, set back, spacing, site coverage, exterior features, or materials. See Exhibit C for details of how there are common characteristics of the area proposed. d. Must express a local identity as recognizable combinations of qualities common throughout an identifiable geographical area. The proposed area shown in the application fits this criteria. The area proposed has the mixture of styles, spacing, and size and that distinguish it from other areas in the City. The proposed Bell Avenue Historic Conservation District contains homes with exactly the type of unique architectural features that need to be conserved. The area represents the history of Denton and its loss would be a blow to the historic and cultural soul of the City. The preservation of this area through a Historic Conservation District will help preserve and maintain an important part of the historical heritage of the City, without hurting the future economic development of the City. Existing Condition of Property The subject property is platted and developed. Adjacem Zoning North: Neighborhood Residemial 3 (NR-3) and Neighborhood Residemial Mixed Use 12 (NRMU-12) zoning districts South: Dowmown Commercial General (DC-G) zoning district East: Neighborhood Residemial 3 (NR-3) zoning district West: Neighborhood Residemial 3 (NR-3) and Neighborhood Residemial Mixed Use 12 (NRMU-12) zoning districts Comprehensive Plan Analysis The creation of a Bell Avenue Conservation District is a specified strategy within the DeNon Plan. As per the plan: "The Historic Landmark Commission and city preservation officer will idemify and recommend areas within the city limits that qualify for conservation district designation." (The Denton Plan. P. 96.) Enacting appropriate historic and conservation districts preserves the unique quality of neighborhoods within the city and achieves land use and historic preservation goals of protecting the imegrity of existing neighborhoods. Staff Recommendation After reviewing the application and requested information, the staff has determined that the proposed Bell Avenue Historic Conservation District meets the requirements of the Denton Development Code and is in compliance with the intent of the Denton Plan. It is our recommendation that the proposed district is eligible for consideration for Historic Conservation District status. EXHIBIT B Conservation District Overlay Map WOODI-~N D RO BERffS wOODLAND HALPEIIH¥, DOItALD D 1816 EXHIBIT C Location/Zoning Map NORTH I 200 FOOT BUFFER I 500 FOOT BUFFER Scale: None Public Notification Date: December 28, 2004 200' Legal Notices* sent via Certified Mail: 62 Number of responses to 200' Legal Notice: · In Opposition: 0 · In Favor: 0 · Neutral: 0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 DRAFT EXHIBIT D ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE TO CREATE AN OVERLAY DISTRICT CONSISTING OF A HISTORIC CONSERVATION OVERLAY DISTRICT BEING GENERALLY LOCATED THE EAST AND WEST SIDES OF BELL AVENUE, SOUTH OF SHERMAN DRIVE AND UNIVERSITY DRIVE; SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT REGULATIONS; AMENDING CHAPTER 35, SUBCHAPTER ? OF THE CITY OF DENTON CODE OF ORDINANCES, "DENTON DEVELOPMENT CODE", .... SPECIAL PURPOSE AND OVERLAY DISTRICTS" TO ADD SECTION 35.7.7 "BELL AVENUE HISTORIC CONSERVATION DISTRICT" PROVIDING FOR THE CREATION OF BELL AVENUE HISTORIC CONSERVATION OVERLAY DISTRICT AND REGULATION; SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT REGULATIONS TO HELP CONSERVE THE HISTORIC, ARCHITECTURAL, AND CULTURAL ATTRIBUTES OF THE DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Council finds that there are areas of the city which reflect elements of the city's cultural, social, economic, political, architectural or archeological history which should be conserved and protected; and WHEREAS, the City Council finds that by allowing the creation of historic conservation districts that it will provide flexibility in protecting the particular cultural, social, economic, political, architectural or archeological history of these areas; and WHEREAS, the City Council has received recommendations from the Historic Landmark Commission and the Planning and Zoning Commission, after giving the required notices and required public hearings recommending that the city should allow the creation of the Bell Avenue Historic Conservation District to protect the city's architectural and cultural attributes; and WHEREAS, the City Council finds that allowing the establishment of such historic conservation districts serves a public purpose; WHEREAS, the Historic Landmark Commission recommended the change in zoning to create the Bell Avenue Historic Conservation District; WHEREAS, the Bell Avenue Historic Overlay District area is more particularly described in Attachment "A" attached hereto and made a part hereof by reference; and WHEREAS, on January 12, 2005, the Planning and Zoning Commission concluded a public hearing as required by law, and unanimously recommended approval of the requested change in zoning; and DRAFT WHEREAS, the City Council makes the following findings: a. The change in zoning creating the overlay district, is consistent with the Comprehensive Plan; and b. The overlay district will protect and enhance the Property and surrounding area which are distinct from lands and structures outside of the overlay district and the immediate neighborhood; and c. The regulations imposed in the overlay district serve important and substantial public imerests by preserving the imegrity of the neighborhood surrounding the overlay district while offering protection to the unique architectural and cultural attributes of the overlay district; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations comained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning for the tract described in Exhibit "A" is rezoned to create the Bell Avenue Historic Conservation District. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. The following amendmem to Chapter 35 will be the applicable regulations to the overlay district. Chapter 35, Subchapter 7 "Denton Development Code", "Special Purpose and Overlay Districts", Code of Ordinance, City of DeNon Texas is hereby amended by adding Section 35.7.7, Bell Avenue Historic Conservation District to read as follows: 35. 7. 7 Bell Avenue Historic Conservation District 35.7.7.1 Purpose The purpose of establish/ng the Bell Avenue Historic Conservation District is to: A. Safeguard the heritage of the City of Denton by preserving the Bell Avenue area of the city wh/ch contain landmarks, bu/l&ngs, and/or sites which reflect dements of the city's cultural, social, economic, political or architectural or archeolo~cal history; B. Stab/lize and improve property values; C. Ensure compatib/lity of new construction and structural alterations with the existing scale and characteristics of surroun&ng properties; D. Foster civic pride in the beauty and accomplishments of the past; E. Identify and promote the use of historic resources for the education, pleasure, and welfare of citizens of the City of Denton. DRAFT 35.7.7.2 Definitions The follo~ving ~vords, terms and phrases, ~vhen used in this Subchapter, shall have the meanings ascribed to them in this section, except ~vhere the context clearly indicates a different meaning: HPO: The Historic Preservation Officer for the City of Denton (HPO). Landmark: Any bu/lding, structure, site, district, area or land of architectural, historical, archaeological or cultural importance or value ~vhich the city council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and general ~velfare of the people. Landmark Commission: The City of Denton Historic Landmark Commission (Landmark Commission). Site: The location of a significant event, a prehistoric or historic occupation or activity, ~vhich may include open spaces, or a bu/lding or structure, ~vhether standing, ruined, or vanished, ~vhere the location itsdf possesses historic, cultural, or archeologicd value regardless of the value of any existing structure. 35.7.7.3 Application of Regulations A. It shall be unlaw£ul for any person to do, or allo~v or cause any other person to do, any of the £ollowing acts on any property located ~vithin the District ~vithout first applying for and receiving a certificate of appropriateness from the Landmark Commission. 1. Constructing a ne~v bu/lding or making an addition to an existing bu/lding. 2. Reconstructing, altering, changing, or restoring the exterior facade of any existing bu/lding. 3. Placing or locating any bu/lding. 4. Performing any act for which a certificate of appropriateness is required by this subchapter. B. Any construction, alteration, or improvement made on any property within the District which would not require a certificate of appropriateness by reason of it not being visible from any public street as provided in this subchapter, shall be submitted to the HPO, prior to the beginning of the work, for his/her determination of whether the improvement would be visible from a public street. C. Other regulations applicable to the District as contained in part of the Code of Ordinances shall continue to apply to the District, except as specifically modified herein. D. If any provision of this subchapter conflicts with any other provision of the Code of Ordinances, the provisions of this subchapter sh~Jl govern and control. E. Where any provision of this subchapter modifies any provision of any other ordinance applicable to the District, the words used herein shall have the meaning defined in the provisions of the ordinance modified, unless the definition is otherwise provided herein. 35.7.7.4 A. Approval Procedures The requirements and procedures for certificate of appropriateness shall be the same as those provided for in subchapter 35.6.9 of the Code of Ordinances. 35.7.7.5 Architectural Regulations Architectural requirements in the Bell Avenue Conservation District shall be as follows: (1) (2) (3) Main Building. Main buildings must be compatible in scale with structure existing in the district. Accessory Buildings. Accessory buildings which are visible from any public street, other than an alley, must be compatible with the scale, shape, roof form, materials, detailing and color of the main building. Architectural Detail. Materials, colors, structural and decoration elements and the manner in which they are used, applied or joined together must be compatible with nearby and adjacent structures. DRAFT (4) (5) (6) (7) (8) Additions. All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale, shape, roof form, materials, detailing and color of the existing building. Color. Colors of all structures must be complementary to each other and the overall character of the main building. Facade Materials. The only permitted facade materials will be brick, wood siding, wood, stone and stucco. Artificial facsimiles of these materials will have to be considered on a case by case basis. Historic architectural elements of the facade are to be preserved if they are still historically accurate at the time of the creation of the district. Roof Material and Colors. Roof materials and colors must complement the style and overall scheme of the structure. 35.7.7.6 Existing Construction A. Repairs shall be made in a manner that preserves or prolongs the structural inte~ity of the character defining features of a property. Repairs shall be executed in a manner consistent xvith the design guidelines established by each individual Nstoric conservation district. B. Repairs to structures that are deemed not to contribute to the character defining features of the district xvill not have to comply xvith the design guidelines as long as the repairs are consistent xvith current architecture of the structures. 35.7.7.7 A. 35.7.7.8 A. Alterations to Existing Construction Exterior structural alterations along the street frontage of historic buildings or structures should be avoided and shall be kept to a minimum. B. Design for structural alterations to existing buildings or structures in the Nstoric conservation district shall conform to the design guidelines established by each in&vidual Nstoric conservation district. The design sh~Jl be compatible xvith the character defiaing features of the majority of surrounding properties and exNbit similar size, massing and scale as nearby contributing buildings or structures. C. The design guidelines xvill not apply to structures that are deemed not to contribute to the character defining features of the district as long as the alterations match the existing exterior structure~ New construction; Structural Enlargement or Reduction When ne~v builchngs or structures are proposed ~vith/n the Bell Avenue Historic Conservation District, their design shall be compatible with the h/storic, cultural, or architectural character of the area. The desi~on shall promote the existing spatial and visual qualities in the h/storic conservation district, including height and scale of buildings or structures, orientation, set back, spacing, site coverage, and exterior features. Design for nexv construction shall conform to the design guidelines established by each in&vidual Nstoric conservation district and a certificate of appropriateness shall be required under the same process as in section 35.7.6.9. TNs section shall not apply to nexv construction to replace a building that xvas deemed not to contribute to the character defiaing features of the district. The nexv construction must match the height, scale, orientation, set back, spacing, site coverage and exterior features of the building xvNch it is replacing. Nexv construction must meet the provisions of subsections A and B herein if a building permit is not applied for xvitNn six months and construction does not be~n xvitNn i2 months of the damage, or destruction of the structure. 35.7.7.9 Design Guidelines Design guidelines are attached as Appendix A of tNs subchapter. The design guidelines are to help guide the HLC, residents, and developers in determiaing conformity xvith the conservation of the Nstoric and architectural heritage of the Bell Avenue Conservation District. DRAFT SECTION 5. If any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. SECTION 6. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 7. That 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 Demon Record-Chronicle, the official newspaper of the City of Demon, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ., 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: 1 2 3 4 5 6 7 9 10 11 12 13 14 16 17 18 i9 20 21 22 23 24 2~ 1 2 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20 21 22 23 24 25 CondcnseltTM Page 45 COMMISSIONER STRANGE: The next item on the Agenda is the creation of a conservation district overlay zoning for approximately 11.6 acres. The property is generally located on the cast and west sides of Bell Street, south of Sherman Drive and north of University Drive. And I will open the public hearing, if you'll give us your name and address, please. MS. GLOVER: Good evening. As you know, this has been in the works for quite some time. We've come to you aheady -- COMMISSIONER STRANGE: Could we have your ~lame and address? MS. GLOVER: I'm sorry. Julie Glover. 2719 Robinwood Lane. COMMISSIONER STRANGE: NI2OJ that for the record. MS. OLOVER: ^nd I come to you tonight as the historic preservation officer for thc City of Denton. And as I was saying, as you know, this has been in the works for some time. We've had two work sessions with Planning and Zoning. At the time that you got your backup we had had no responses to the public hearing notices. So for an update we have now received 21 responses. 16 are in favor, two were neutral, three were opposed. The three that were opposed were within the 200 feet notice, but Page 46 they are not on Bell Street, which would be the overlay district street. And you are also aware in your backup, we stated that creating a historic conservation district for the Bell Avenue area is a specified strategy within the Denton Plan and it meets the requirements for the Denton Developmcnt Code. So staff reco~m'nends approval and I would be happy to answer any questions you might have for me. And Mr. Mm~tin is here as well if you have legal questions. COMMISSIONER STRANGE: Any questions? COMMISSIONER ROY: Yes. COMMISSIONER STRANGE: Mr. Roy. COMMISSIONER ROY: I just got these opposition notices tonight. You made a stateanent that clarifies a little bit. You said that tile tlm:e oppositions are not on Bell Street? MS. GLOVER: YeS~ sir. COMMISSIONER ROY: one opposition says it doesn't want to be restricted in any way. Will this in any way restrict that -- Ms. GLOVER: NO, sir, it won't. They will not be subject to any of the guidelines or rules. COMMISSIONER ROY: It said, I don't want any unwarranted difficulty on my property. Is there any 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 Page 47 unwarranted difficulty this person is likely to face? MS. 6LOV~: NO, sir. They list their mailing address as Primrose and evidently they must have a property on Woodland StRict that I would suspect is probably a rent property. But Woodland will not be affec'~xt at all by this. COMMISSIONER ROY: Then the third one just doesn't mention the reason, but -- in opposition, but you've confirmed that all three of the opponents, file written opponents are not in the district? MS. GLOVER: Yes, Sir. They are not. COMMISSIONER ROY: Thank you. MS. OLOV~R: The third one who did not make any comments is on Sherman Drive. Again, that will not be affected. COMMISSIONER ROY: Thank you. COMMISSIONER STRANGE: Any other questions? Okay. Thank you very much. We do have a nmnber of people who did wish to speak on this item. And as I call your name if you will come down. And then I will also call the second name, if you'd come and sit ia the scat that's at the front, then yotfd be ready to come up. The first person to speak would be Don Halpenny. And, again, for each speaker, when you come, if you would give us your name and address when you reach the 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 Page 48 podium. Thank you. And second up would be Gary Hayden. MR. HALPENNY: Yes. My name is Don Halpcnny. And I am for the district. I have a lot of friends in the Oak Street. COMMISSIONER STRANGE: Can you give us your address~ please? MR. HALPENNY: Pm $oiTy, 1816 North Bell and I live at 13359 Friendship Road in Pilot Point. I own the property and I rent tile property on Bell Avenue. Now, we -- about two years ago, we had somebody that was trying to buy our property and they were going to put some kind of a restaurant or something in on University theaxx And they wanted our property as a parking lot. And one of the things that I made a requireauent to them was that they would move the house if they did not want to keep it to wherever tile house could be moved to, keep the historic value of the house. The house we own is probably one of the oldest houses in Denton. It was originally a farmhouse on Shenxtan Drive there long before there were any other houses or it was subdivide^I, I have gone back and the property was first sold in about 1878, I believe it was. I have not been able to find out exactly when the house was actually built, but it was remodeled in 1927 or 1928 a professor bought the house and had a prominent Denton PLANNING AND ZONING- MINUTES JANUARY 12, 2005 Page 45 - Page 48 CondcnseltTM 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 i0 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 49 architect who was associated with a national architect of some prominence. And so the house is right across the street from Gertrude Gibson's house. I think y'all are probably familiar with it through TWU. And like I say, this house is probably the oldest house in that area of Denton. And I would like to sec it preserved. I originally wasn't necessarily against the conservation district, but I had some concerns about property values and such as that. But after I saw what the people were going to do to the house, they were going to bulldoze it, and when I made a requirement that they would move the house somewhere to preserve it, they quickly lost interest. So I think that's probably all I need to say tonight. Thank you. COMMISSIONER STRANGE: Thank you. Mr. Hayden. And next to speak will be Brandt Davis. MR. HAYDEN: Hi. I'm Gary Hay&n, 2106 North Bell Avenue. And it's my pleasure to address you. I stand in strong support of the district. We've been working on this for quite a while. And I'd like to remind everybody that there's precedence for this kind of district in Denton. We do have a historic district on Old Hickory. We will have neighborhood pride with this district. We will have the guidelines with this district. These guidelines are primarily for facade. The guidelines Page 50 will be included in the Denton Plan. Owners can extend and make improvements to the properties according to the Denton Building Codes and Zoning. This HCD that we're hoping to have will also be a model for other Denton neighborhoods that want 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 51 license plate before, but simply remind you that I'm just passing through. And that we're stewards of a house that we hope will last long beyond us and our district, too. We want to be an inclusive district, encourage others to seek. Thank you. COMMISSIONER STRANOE; Thank you. I will mnind the speakers when that buzzer goes off, that's at the end of two minutes. You have one minute left after that. So that -- okay. Mr. Davis, is up next. And Anita Cowan, please conm down. MR. DAVIS: My name is Brandt Davis. I live at 1902 North Bell Avenue. That's my property. It's in Denton, Texas. Bell Avenue is a recognized lanchnark in Denton for most people. They know fl~e area and they know tile area and they know tile area between Uaiverslty and Sherman as a pretty neat area. Conservation is a good thing for the individual property owners. It's good for the district, proposed district. It's good for the neighbors. It's good for the City of Denton. I'm totally convinced of that. The houses are diverse in style. They were built over a period of time. So they represent not just cookie cutters, but uniqueness. It's worth conserving. The earliest house was built in 1878. That is the lmuse Page 52 that Mr. Halpcnny was talking about. Tile other ages of houses, there's 33 percent that was built in the 1920s. There's 38 percent built in the 1930s. 25 percent built in the 1940s. And that's 96 percent of the houses there. I hope that everyone will vote in favor of this proposed to pursue the same course. Sometimes -- Mr. Halpenny mentioned the old house that he has. Okay. Sometimes need to ~mnind myself that I'm a steward of the house I live in. The house is about 70 years old or so. I've only lived there pushing six years. I'm just passing through, in essence. I'd just like to share with you quickly, one of the things I just found last week in my driveway. I don't know if you can see this or not. COMMISSIONER SIRANGE: Can we have the overhead camera, please? MR. HAYDEN: Pardon? COMMISSIONER STRANGE: NO. You can leave it there. We will get the overhead camera. MR. HAYDEN: okay. This is a 1939 Texas 6 7 8 9 10 11 12 13 14 15 16 17 18 19 district. Thank you very much. COMMISSIONER STRANOE: Thank you, Mr. Davis. Ms. Cowcn, you're next. And foltowing Ms. Cowen will be James Kirkpatrick. MS. COW^~: My name is Anita Cowan and the property that I own is at 1826-1828 Bell Avenue. It is on the southeast comer of Bell and Woodland. And I live -- these are long lots along Bell and I live in a separate residence on the subdivided part -- back part of that lot facing Woodland. I come before you tonight because my family has held this property for over 40 years and I'm typical of the teachers at TWU that chose to live in the Bell Avenue neighborhood. This was a tradition according to the deed that I have with Jessie Humpl~ey in 1909 who license plate. And after the Woodrmns owned file house and built the house back in tile early 30s~ Judge Boyd, a circuit judge lived in the house. I don't know if you can see chis in the middle, but we have a part of the word, tt:e S in Texas. We have a C. That's a star and an M. Now, I haven't seen that kind of configuration on a Texas 20 2I 22 23 24 25 owned this property and who incidentally was in the same depm~ment that I later worked in for 32 years. So I'm still on her home tm-f. These houses along Bell Avenue each have characteristics that i'e~resent history in architecture and history of architectural firn~s in Denton. My house was PLANNING AND ZONING MINUTES JANUARY 12, 2005 Page 49 - Page 52 1 2 3 4 5 6 7 8 9 10 1 2 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondcnseltTM Page 53'1 designed by Matt Miller and they have designed a number of houses. Across the street, of course, the famous Gertrude Oibson house designed by O'Neal Ford. And so I'm here tonight to ask Con~nlssioners to consider this short sweet but significant street that links Sherman Drive with University that provides an entrance to the University, Texas Women's University and that has been so carefully maintained by the current residents. I think it shows Deaton's pride in its history and pride in conservation if you will support for our conservation district. I would like permission if you have not seen these, to disn-ibute brochures on tile Gibson house. Do you have these in your -- do I give them to you? Okay. I don't know if Donald Strickland is lime, the architect i¥om Twu, but they said he would be here tonight. And provided me with these brochures. Thank you very much for your consideration. COMMISSIONER STRANGE: Thank you. Mr. Kirkpatrick. MR. KIRKPATRtCK: Mr. Strange, Conmfissioners, I'm Jhn Kirkpatrick. I live at 2026 Fordham here in Denton. It was my fortune to have served on the Historic Lan&hark Coumfission some five years ago when the concept of conservation dish-lets was first conceived. I met with these residents behind me here at Page 54 one of the earliest meetings. Unfortunately, I was precluded by tem~ liEaits from seeing this through until tonight. But I mn thankful for Judy Glover and these residents who have persevered. We thought at the time that the Conservation District was a wonderful tool to preserve some of our neighborhoods here in Denton that did not meet historic landmark status, but this is certainly one of those districts that we -- that I think should well -- may be served by conservation district. I also come to you as my fortune is to serve as the president of the Board of Directors for Fairhaven Retirement Home, which is located at 2400 North Bell. We are -- though not in the described conservation district~ we still feel like we're in the neighborhood, and we think that this is a good tiling for the neighborhood. We am within tile 200 to 500 foot limit for response and I regret that I didn't turn my information back in, respond. I got tliis late. But we are certainly suppo~tive of the Bell Conservation District and would request your consideration. I appreciate your time, your service. And, again, your thoughts on this issue before you. COMMISSIONER STRANGE; Thank you, Mr, Kirkpatrick. I have no one else on their card who has rexluested to speak, so I'll ask is there anyone else who 1 2 3 4 5 6 7 8 9 10 11 t2 13 14 15 16 17 18 19 20 21 22 23 24 25 PLANNING AND ZONING MINUTES JANUARY Page 55 wishes to speak? Okay. Would you please come down and give us your name and address? MS~ ROBERTSON: Hello. My name is Sue Robertson. I live at 607 East University Drive and I have laryngitis, so if I just stop and go like this -- I'm a seventh generation Dentonite on my father's side, fifth generation on my mother's side. And until about 25 years ago if I was not related to someone here in Denton, I knew them. So I've been following the growth of Denton. I live on one of the four houses that sits way back from University Drive. And I've had so many people including pizza delivery men call me and say, there areu't any houses back there. And I say, well, I've lived in one for 27 years. But my reason for talking to you is mainly sentimental. I've lived in this house over half of my life. It's one of the younger homes. When people ask me how old my house is, excuse me, I say that both it and I were born in Denton, Texas in the em'ly 1950s. My -- excuse me. My slope has been conunand central for ali of the construction that's been going oa out there. And people also say, how can you stand it? And I think it's great. It's just showing tho progression of Denton, but yet, we still live back into the historical part, and I would like to continue it that way. Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 i4 15 16 17 18 19 20 21 22 23 24 25 Page 56 COMMISSIONER STRANGE: Thank you for your conunents. We do have cards of people who are present who are in favor of this, but did not wish to speak. I will read their names. Larry Graham. Brian Wheeler. Stephen Ambuehl. Mary Tishcr. And Don Strickland. So I assume there is no one else to speak, I will close the public hearing. MS. CARPENTER: There's one more card. COMMISSIONER STRANGE: oh, one more card. And I'm not sum of this name. Dr. Delores Cate -- Cee -- did I get close? Okay. Who is in favor, but did not wish to speak. We'll close'the public hearing. Mr. Watkins. COMMISSIONERWATK[NS: Thank you, Mr. Clmim~an. I would like to move approval. COMMISSIONER STRANGE: okay. COMMISSIONER WATKINS: I would have a statement if I get a second. COMMISSIONER STRANGE: DO we have a second? COMMISSIONER HOLT: i'll second, COMMISSIONER STRANGE: we have a motion by Mr. Watkins and a second by Mrs. Holt. Now, you have a statement? COMMISSIONER WATKINS: Thank you, Mr. Chainuan. I probably as much as most people in the audience, I have had the wonderful time of enjoying this 12,2005 Page 53 - Page 56 CondenseltTM 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 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 Page 57 piece of property or this short street before University Drive went through - I won't say how ninny years ago. But it was a long time ago. I went to school with most of the chil~cn that lived on that street. We had our 50th anniversary not long ago and a number of them arrived there. Denton is the county scat of Dmton County, therefore, we have more structures than most of the smaller towns around. We have not gone to a great extent to preserve these structm'es. Oak Street, yes, I meant to ask Julie how many blocks have we preserved. Very few, I think, probably. But it's not too late. And if you haven't -- if you haven't parked your car and got out and walked this neighborhood, you're really missing something. 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 Page 59 percent of the people who eifl~er didn't vote or are not in favor of it. And I have a couple of questions about the ordinance tile way that it's written so that I can be sure to understand what's going to happen here. Ms. aLOVER: I may need to get Eddie up here. He's the one who wrote it. COMMISSIONER STRANOE: There's some temfinology in here that existing construction shall be maintained in a manner that preserves or prolongs the structural integrity and character defining tile property and that the repairs should be executed in a manner consistent with design and guidelines established by each individual historic conservation district. So you're going to establish guidelines and With that, I appreciate the time. I'm sorry to take your tilne. COMMISSIONER STRANGE: MS. Holt. COMMISSIONER HOLT: Yes. I had a question for Julie. I thet, e just one vacant lot, one on the corner of University and Bell? MS. OLOVER: ~ believe that is true. I'm going to look back here for support, but I think that's trtle. COMMISSIONER HOLT: what dIx:s this do to that one lot and how is that zoned? Page 58 MS. OLOVER: ~t is zoned right now for residential use. They could put a duplex or I think a four-plex -- I don't know what you call that, a double duplex. I know someone is looking at the property right now and I know they may be coming forward to talk about co~mnercial zoning. If this passes and it goes to Council and they pass it, then if these -- whoever buys the property will have to abide by tile guidelines, which means even if they put up a co~mnercial property, if it's rezoned and becomes colm~lercial, they would have to do probably above and beyond -- they couldn't put up just a lit~te metal building, you know, which they can't do in Denton anyway now. But you know what I mean, it would have to -- it would have higher standards as far as the materials and the way it looks and it would need to blend with the neighborhood, be of similar height and that sort of thing. COMMISSIONER HOLT: Thank you. COMMISSIONER STRANGE: Can I ask you a couple of questions, too? MS. GLOVER: SUI~. COMMISSIONER STRANGE: [ noticed in our backup and then also kind of what you said tonight you actually had 21 of 31 homeowners or owners of property in this area in favor of this. That leaves obviously 26 15 i6 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 then how are you going to -- I'll just kind of plu'ase this in a question to you. I think I have -- guess I have a concern that we're going to put restrictions not only on the 74 percent of the people who wanted this but the 26 percent of the people who didn't. And someone is going to come by and now say that your house is in need of repair and that you've going to have to do something about the structure. And you could be addressing that to a person who doesn't have tile means to do that. Now, how are we going to enforce that sort of a rextuircment on people who did not vote for this? Page 60 MS. fiLOVER: I don't believe -- well, like in the historic district, there is a house that's been there for many years. We're not going to tell people, oh, your porch is falling down, You have to fix it unless it becomes a safety issue. Now, if they choose to do work, then they will have to conform to the guidelines. And I would suspect the way this is going to work if someone starts work and they don't have permission or they're doing something inappropriate, it would be very much llke it is in thc historic district, somebody calls me and rats them out. COMMISSIONER STRANOE: Right. I can understand that. But the language that we're going to approve does not talk about the fact that somebody might do that or could. It talks about the fact that it will bc maintained. And it also talks about the fact that the colors on all of the structures will be complimentary to each other, and essentially you can't have your choice of color. There are a nmnber of things in there that I see like that in tile language that that we're going to pass. And I guess the one that disturbs me the most is that you get back to Section 6 of your 35779 guideline is any person violating any provision of this ordinance shall be fined a sum of -- not exceeding $2,000.00. And that each day a provision of this ordinance is violated, it shall PLANNING AND ZONING MINUTES JANUARY 12, 2005 Page 57 - Page 60 CondenseltTM 5 6 7 8 9 10 11 t2 13 14 15 16 17 I8 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 i12 13 14 15 16 17 la 19 2O 21 22 23 24 25 Page 61 constitute a separate and distinct offense. So -- MR. SNYDER: xhat's just the standard clause. MS. GLOVER: It'S in all of the zoning ordinances. COMMISSIONER STRANOE: I understand that. MS. OLOVER: It'S the same in the historic district. COMMISSIONER STRANGE: BUt I'm also reading what it says on the other page, which says people have to do this. Now, I have a concern if we're not going to enforce it, why do we have the language in here. And if we are going to enforce it and we've got a 5;2,000.00 a day fine, that presents a problem to me for these 26 percent of the people who didn't want this. How -- how is that going to be a&ninistered? MS. GLOVER: okay, That's a big question. Wlmt we're looking for here is not to punish people but for people to comply and to maintain the integrity of the neighborhood. Recently, we had an issue in the historic district where someone thought they understood what the Conuuission had told them they could do, and it wasn't what the Cmmnission thought they told them to do. So we worked with it -- with the builder, the homeowner, until we workext out an agrecanent. 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 63 construction shall be maintained in a manner that preserves or prolongs the structural integrity of the character defined features of a property. Your concern is someone might interpret that to mean that if you don't keep your house in good repair, if you don't attend to it properly, that you're violating this ordinance, you could be subjected to criminal penalty~ is that -- is that basically -- is it that first sentence there? COMMISSIONER S'I'RANGE: It's the first sentence that says you shall be maintaining -- I'm wondering who's going to determine if it needs to be maintained and then what the City is going to do if five people come down there and say, that's not being maintained, and it's in a house that somebody does not have the means to do it, how are we going to -- how are we going to handle that? MR~ SNYDER: I gUeSS the question is, is that sentence -- is that sentence intended to address the situation you just talked about, Julie? Is that sentence intended to only address repairs? Because the second sentence talks about rclaairs, or is it intended to require that file property owners keep their house in good repair? MS. {3LOVER: AS far as -- no, I don't think it's intended to require maintenance. If someone begins to do repairs on their house, then they shall do this. We Page 62 The Historical Lanchnark Coumfission will take into consideration monetary constraints that some folks might have. And we had a house in the historic district that probably the porch was a hazard that we knew the man had monetary problems. He was very ill. And, you know, it wasn't like -- the Code Department didn't go out and slap a fine on him. People worked with him in the neighborhood, and eventually the neighbors raised the money to fix his porch. But, you know, and I'm not sure if Eddie wants to -- he's flipping through pages -- if he wanted to address any of this or not. COMMISSIONER STRANGE: well, I mean, don't -- I don't want this to be mistaken as I'm against the district. What I have a concern about is that we're going to pass an ordinance that has specific wording in it, and that wording tonight may mean one thing. A year from now or two years from now with a different group of people out there, riley're going to come back to the words that are passed in this ordinance. And to me, it could be punitive to the person who lives in one of these houses that is out there because it doesn't say may be or voluntary. It says shall be. And I have a concern and I see Mr. Snyder -- MR. SNYDER: Let me make sure I -- I want to clarify your point. Your objection is to the first sentence undcn' 35.7.7.6A, the one that says, existing 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 Page 64 talked about that language -- Ma. SNYr~: Uut the point, I think -~ the point is, is that sentence seems to be saying otherwise. It seems to be saying, existing construction -- if existing construction -- if you're talking about the existing building shall be maintained or you're talking about new construction, I think that's the point he's trying to make. Well, what is the intent of that sentence? MR. MARX[N: Eddie Martin with the Assistant City Attorney's Office. I think the way you're reading it and it may be just confusing in the language. But when we talk about maintenance, we're just talking about maintenance as in normal -- normal course, not as a -- that we're making people do something. It was never the intention -- because we don't do that now with anybody else unless it meets the -- does not meet the safety standards. The City of Denton doesn't go around and tell people you have to repair this or you have to repair that in any event unless it's a safety ~,cason or a safety hazard or it's a specific violation of -- but that wasn't the intent of it and if you want -- and we can clarify that language if -- because, really, if you look at the entire ordinance, the thing that the people have to do is PLANNING AND ZONTlqG MINUTES JANUARY 12, 2005 Page 61 - Page 64 CondenseltTM 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 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 Page 65 they have to ask for a certificate of appropriateness for any work that is done. That is the process which everyone has to go through. And if you look at the ordinance you understand that everything is geared towards someone going Page 67 MR. MARTIN: well, I don't quite understand that because all repairs unless the ordinance doesn't require it, they have to go before the -- for a certificate of appropriateness. to -- tlu-ough the process of getting tile certificate of appropriateness for any work that they do. COMMISSIONER STRANGE: Yeah. MR. MART[N: xhat's really the process and that's really the only mechanism that's really -- if you look at the ordinance, that's being looked at and that's being enforced. COMMISSIONER STRANGE: I understood all of that. And like I say, I'm for the ordinance. I do have a problem in the cool light of day when you sit down and read this word for word, which I did, it says that, very clearly, you have to maintain it. And I'm wondering who in this co~muittee and it also says that this Commission will have a -- there will be a group formed there, and I want to make sure what their powers are and do they have the right to go and demand someone to repair his house and if they do and he doesn't repair it, and he falls back over to $2,000.00 a day, I just want that hnguage clarified before I vote on it. MR. SNYDER: would it make sense in that paragraph, that first sentence just to simply say repairs 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. GLOVER: The owner would be the only person who could fill out the certificate and say I'm going to do repairs. COMMISSIONER STRANGE: I don't want to wear this out. I just want the language fixed. MS. GLOVER: The neighbors couldn't say you have to paint your house. COMMISSIONER STRANGE: Right. MR. MARTIN: I mean -- COMMISSIONER STRANGE: Can we fix the language to where the owner requests the repairs? MR. MARTIN: Because a certificate of appropriateness would have to be -- before any repairs could be made as covered by this ordinance, they have to get a certificate of appropriateness. They have to go through the process. COMMISSIONER STRANGE: All right. MR. MARTIN: And there's nothing in there that says the City can go in there and do -- require anything without a Certificate of Appropriateness. They have to go through the Certificate of Appropriateness Page 66 shall be executed in a manner or preserves or prolongs the stmctm'al integrity instead of saying existing condition shall be maintained. And then the next sentence says, repairs shall be executed in a manner consistent or you can combine those two sentences sonlehow. COMMISSIONER STRANOE: why don't you actually maybe in there include the language, requested repairs. [ have no problem if someone requests a repair to their house that they fall under this ordinance. I don't want some arbitrary means by which they can be forced to repair their home or be subject to a $2,000.00 fine. And that's what this now says. MR. MARTIN: well, that's tile intent and I think that that language will take care of that if repairs is put in there instead of maintain. COMMISSIONER STRANGE: okay. What about adding the word requested repairs where the homeowner has to request file repair. I mean, if he has to go before the Co~mnission and request a repair and fill out a form, then he should fall under this ordinance. If he does something different than what he r&tuestcd, he should pay $2,000.00. It just needs to be clear that no arbitrary action can be taken against a homeowner without their -- without their will. That's all I'm asking that the language say. 1 2 3 4 5 6 7 8 9 10 11 12 13 i14 15 16 17 18 19 20 21 22 23 24 25 Page 68 process. COMMISSIONER STRANGE: It doesn't say that. MR. si,ryDER: I think the point they're trying to make is there's no -- you're saying there's no place in this ordinance that requires that they make any repairs. And all this section, if we were to modify it, would simply say is any repairs -- MR. MARTIN: Right. MR. SNYDER: -- to the house would have to be done. out? MR. MARTIN: JUSt take the word "maintain" MR. SNYDER: It won't say that they're required. It will just say that any repairs done to the house shall be -- COMMISSIONER STRANGE: So we're going to take that whole sentence out about existing shall be maintained? MR. SNYDER: well, what I would suggest is that we simply say any repairs made to the property shall be in a manner that preserves or prolongs the structural integrity of the character defining features of the property and leave the rest of it the smne~ COMMISSIONER STRANGE: So you're taking out the first sentence, so existing conditions shall be PLANNING AND ZON1NG MINUTES JANUARY 12, 2005 Page 65 - Page 68 CondenseItTM 1 2 3 4 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Page 69 maintained? MR. S~DER: Right. Taking that out and just saying any repairs. In other words, thc repairs aren't mandatory. It's just if you're going to do the repairs, then you've got to make thmu consistent. COMMISSIONER STRANGE: That's fine as long as we get the language changed and it would be clear on the record that we're not having anybody in there that can force repairs. MS. GLOVER: Lot me read it back just to make sure I wrote it down write. Any repairs made to the property shall be mainlained in a manner that preserves or prolongs the structural integrity of the character defining features of property. Right? MR. ssYrmR: what I would suggest is take the word maintained out. Any repairs made to the propm'~y shall be in a manner ~- take out maintain. Because maintain kind of implies that there's some kind of maintenance responsibility. MS. GLOVER: okay. COMMISSIONER HOLT: DO We II~:d a motion to amend this language? MR. SNYDER: YOII can just make it a part of your new motion -- oh, there's already a motion. COMMISSIONER SIRANGE: Mr. Watkins, do you Page 70 mnend your motion to include that language. COMMISSIONER WATKINS: Thank you, Mr. Chairman. I would like to move approval with the new language on si-040042. COMMISSIONER STRANGE: MS. Itolt, will you amend your second. COMMISSIONER HOLT: Yes, but could I hear it read back. MS, GLOVER: Any repairs made to property shall be in a manner that preserves or prolongs the structural integrity of the character defining features of property. COMMISSIONER HOLT: Okay. COMMISSIONER STRANGE: okay. Any other issues? Thank you, Ms. Glover. I'll call for a vote. And the vote passes 6-0. 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 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 Page 71 Page 72 PLANNING AND ZONING MINUTES JANIJARY 12, 2005 Page 69 - Page 72 EXHIBIT E Bell Avenue Historic Conservation District I. Purpose of the Bell Avenue Historic Conservation District The purpose of these guidelines is to prevent the loss of the District's historic buildings, and to serve as a guide for rehabilitation of existing buildings, construction of new buildings, and additions and relocation of buildings so as to preserve the historic and cultural character and the visual idemity of the District. The building(s) and District character is comprised of the sum of its form(s) and materials. The purpose of design review is to ensure that the overall imegrity of the buildings and District is preserved. Design review will focus on from facades and sides because they are most importam in preserving the imegrity of the District. Design review will encourage the repair or maimenance of original material in all instances, whether restoration, renovation, relocation or addition. Material(s) used in new building is also important and should reflect District character. Additionally, the purpose of the District is to ensure the protection of trees and topography within the district and to preserve the building settings within the area. A vote on the historic overlay shall also include a vote on these guidelines. Upon adoption of the historic overlay in the District, these guidelines shall likewise be adopted and apply to all buildings and sites in the District. These guidelines serve as our District Preservation Plan. Upon enactment, all existing buildings in. the District will be adopted as they exist and remain subject to all applicable ordinances of the City of Demon. In addition, these guidelines and the Secretary of the Imerior's Standards of Rehabilitation shall apply to an existing building in the District at such times as a change in materials, design, configuration or outward appearance, visible from a public right-of-way, is proposed or made. Upon adoption, these guidelines, all applicable ordinances of the City of Denton and the Secretary of Interior's Standards for Rehabilitation shall apply to all new construction, additions, relocations and demolition, both residemial and commercial, in the District. II. Boundaries and Description iii. iV. · The district is located approximately 2 miles northeast of the historic Denton County Courthouse and less than one block north of Texas Women's University. (See Attachment 1 for map of area included) · The area is heavily treed, primarily with old growth oak and pecan trees, and the topography consists of both flat and gently rolling terrain down the side streets. The district includes some architectural diversity due to its periodic residential development from 1910 - 1960. The most common building types present in the district are one to one and a half story cottages, bungalows and ranch houses. Notably, the bungalow is defined as a one to one and a half story house that is usually small. Few buildings in the District exceed one and a half story. The oldest structure in the district was built in 1878 and remodeled in 1927. Since the 191 Os, construction has been ongoing with the largest concentration in the 1940s. Few homes have been built in any given decade past the 1950s. (See Attachment 2 for building over decades) More than 50% of the buildings are over 50 years old and 100% is residential. Structures reflect the style and taste of the era in which they were constructed. Many have retained the original appearance and elements, thereby contributing to the historical character of the district. (See Attachment 3 and 4 for pictures of buildings and list of contributing properties ) Local designers and architects have played an influential role in the diversity of the district. (See Attachment 4 for listing of architect built houses) Definitions · Commission means the historic landmark commission authorized by the Historic Preservation and Historic Districts Ordinance. · District means the area encompassed in the Bell Area Historic Conservation District as established by and described in the Ordinance passed by the City. · Historic Preservation Officer or HPO is the City staff liaison for the Historic Landmark Commission. Applicability, conflicts with other provisions Other regulations applicable to the BAHCD as contained in any other section of this chapter or Code shall continue to apply to the district, except as specifically modified in this division. If any provision of this division conflicts with any other provision of this Code, the provisions of this division shall govern and control. go Where any provision, of this division modifies any provision of any other ordinance applicable to the district, the words used in this division shall have the meaning as defined in the provisions of the ordinance modified, unless the definition is otherwise provided for in this division. Certificate of Appropriateness It shall be unlawful for any person to do or allow or cause any other person to do any of the following acts on any property located within the Bell Area Historic Conservation District (BAHCD) without first applying for and receiving a certificate of appropriateness from the historic landmark commission: 1. Constructing a new building or making an addition to an existing o building; Reconstructing, altering, changing or restoring the exterior facade of any existing building; Placing or locating any building; o Remove or demolish any exterior architectural feature; Performing any act for which a certificate of appropriateness is required by this article; Constructing or erecting a fence, driveway, wall sign or other permanent improvement that is subject to regulation by this District. Any routine maintenance made within the district which would not require a. certificate of appropriateness by reason of it being considered routine shall be submitted to the HPO prior to the beginning of the work for its determination of whether the routine maintenance jeopardizes any character of the landmark or group of landmarks in the historic conservation district. 1. If the applicant is seeking a certificate of appropriateness to authorize only routine maintenance, the HPO shall review the application to determine whether the proposed work complies with the regulations contained in this section and all applicable ordinances and approve or deny the application within five (5) days of its receipt. 2. If no action is taken within five (5) working days a certificate of appropriateness is deemed approved. The applicant may appeal the HPO decision to deny by submitting to the HPO a written request for appeal within ten (10) days of the decision. The written request for appeal starts the standard certificate of appropriateness review procedure by the historic landmark commission. The requirements and procedures of section 35-219 under the Historic Landmark Preservation ordinance providing for application and issuance of certificates of appropriateness shall apply and be for any certificate of appropriateness required in this District for other exterior alterations. The only variance from section 35-219 relates to changes in color. Color changes on any architectural detail or structure shall refer to these design guidelines. VI. All buildings, structures sites, areas or lands located within the District are subject to these regulations. No person shall construct, alter, change, restore, remove or demolish in any way the exterior features of such building, structure or site, area or land until a permit has been granted by the building official of the city. Furthermore, no public improvements, including but not limited to street construction, signs, lighting, sidewalk construction, parking facilities and traffic system changes, except traffic control signs and devices, shall be made within or affecting the District without approval of the city council after recommendation has been submitted by the historic landmark commission and appropriate city departments. Architectural requirements - Existing Construction, Restoration/Renovation Restoration of existing structures is strongly encouraged. Degree of permanence and use of original materials shall be considered in the case of each repair, restoration, or renovation that impacts the front or side visible elevations. Permanent alterations should be kept to a minimum. Minimal additions and exterior alterations shall conform to the front elevation and shall reflect design elements, proportions and materials already present in the structure. Any augmentation of a design element or architectural detail shall blend with the front elevation and the nearby buildings in the manner they are used, applied or joined together. The two primary building materials used in the District are masonry and wood. Masonry includes brick, stone, terra cotta, concrete, tile, mortar and stucco. Materials should be the same as those present on the existing main structure. Aluminum or vinyl siding, fiberboard, artificial stone, artificial brick veneer and other similar materials shall not be introduced on the front exterior of the building. Original materials shall be maintained, retained, repaired and/or reused when possible. When necessary, original materials shall be replaced with same or similar materials that convey the same visual appearance. Renovations, repair or replacement of areas away from the public facade shall be compatible with the character defining features and sympathetic to the existing structure. Total building(s) to lot size ratio shall be sympathetic to the majority of the surrounding properties and shall not exceed 25%. Building mass and scale shall be sympathetic to the majority of surrounding properties. Additions which impact the front elevation of the main building may be made if little room remains in the rear of the house for expansion or the building to lot ratio is equal or greater than 17%. Otherwise, the front elevation of the house should be maintained. Examples of allowable elevation changes include shed or gable dormers when compatible to the house and neighboring buildings. They shall not exceed the original roof-ridge line. Second story additions are permissible when building to lot ratio is equal or greater than 17% and no attic expansion space is available. All additions to a building or any accessory buildings which are visible from any public street other than an alley shall remain or be compatible with the dominam horizomal or vertical characteristics, scale, shape, roof form and be set 20 feet back from from elevation. Materials should match the main building. No building shall exceed two stories or 30' with an upper story addition. All additions should be made under the premise that the entire structure will remain sympathetic to the neighborhood in scale, site plan and architectural detail requiremems. Roof form and material play an importam role in character definition of buildings in this District. The existing form and the architectural features that give the roof its essential character shall be preserved. Distinctive features such. as chimneys and dormers shall be retained. Existing roof material shall be replaced with the same type of roofing materials or a previously used material. Skylights, solar panels or attic fans/turbines may be allowed if placed on a side or rear roof away from the from elevation view. All chimneys must be compatible with the style of the building. Chimneys must be constructed of brick, stucco, stone or other masonry material matching the texture and style of the main building. PaiNing of any brick or stone surface is prohibited if it has not been previously painted. Efforts to restore painted brick or stone to unpainted condition are encouraged. In addition, fluorescent, luminescent, iridescent, opalescent, or like paint shall not be used to paint the exterior of any building in the District. From emrances, porches and open patios are often primary focal poims of District buildings and help define the style of the building. Therefore, enclosure is discouraged and shall be kept to a minimum. From porches under the primary roof may be enclosed provided the enclosure is easily removable, does not conceal or obscure any architectural features presem in the from elevation, or restores the porch to an earlier appearance. Wooden or plastic decks shall not be constructed on the main facade of the primary building. Carpeting and turf are not permitted as a porch floor or step covering. Windows and doors comribute significamly to the overall character of a building. Original windows and doors shall be repaired, reused and/or retained when possible and shall be replaced only when necessary. Energy efficiency can be achieved by placing storm windows over original windows. All replacement windows shall be compatible with the character of the primary building. They shall match the existing opening, fit securely and maimain the proportions of the previous/original window or door or be a better reflection of the building characteristics. Metal, storm or other energy- efficiem windows and doors shall be pained. Sidelights must be compatible with the door. Shutters and awnings must be reflective of the style and period of the building and appear to be installed in a manner to perform their imended function. Security and omamemal bars are only permitted on the exterior of an accessory building, the rear faqade of the main building and the imerior of the building. Metal and corrugated awnings are permitted on accessory buildings or the rear facade of the main building if not visible from any public street. Other awnings must be typical of the existing or proposed structure and the character of the main building. Exterior lighting fixtures should be appropriate to the style and period of the main building and not obscure or conflict with significam architectural details of the building. Exterior lighting shall provide an even illumination level. Flood lights, bright, flashing, pulsating, glaring and similar lighting shall not be permitted. Exterior lighting shall highlight building elemems or other distinctive features rather than attract attention to the light fixture itself. Fences must be maimained in a vertical position, uphold the site line of the neighborhood and. be architecturally compatible with the primary and adjacem buildings. Existing stone and masonry retaining walls presem throughom the District shall be maimained. Permissible materials include, cast metal, wrought iron, wood, stone, brick, patterned concrete or stucco. If large expanses of fencing are visible, efforts to soften the impact with landscaping of shrubs, vines, trees or other foliage is encouraged. Garages and carports shall be maimained and preserved in condition and placemem on property. Restoration to original condition is encouraged (i.e. replacemem of porte de cochere). Alterations, additions, or replacemem shall maimain this oriemation and remain subordinate to the primary and adjacem buildings in mass and scale. Materials shall be consistem with those of similar period buildings. All visible parking must be on existing driveways or designed and delineated additional parking areas. No parking shall be permitted in from landscaping (i.e. grass, gardens, under trees). Driveway and parking shall be subordinate to from landscaping. Circular drives and turnoms are permitted. Permeable driveway material is preferred, however, solid concrete or parallel paving, gravel or dirt/gravel mix is allowable for new or updated driveways. · Signs shall be developed with the overall context of the building and the area in mind. Design, materials used, size, proportion and placement shall reflect the character of the building style and the neighborhood quality of the area. Signs shall not obscure any architectural details, be placed higher than the first story, be flashing or animated, or cause any permanent damage to a visible facade. Monumem signs shall be permitted and shall be appropriately sized in relation to placement on the lot in proportion to the building. Satellite dishes less than. 3 feet in total size are permitted in the area. Placemem on the side or rear of the building only is allowed. Satellite dishes and radio towers shall not be visible from the from elevation. Radio and amennae towers cannot exceed the roof-line of the adjacem buildings. VII. Trees and Topography It is recommended that mature trees and shrubs, which are heavily prevalent in the neighborhood, cominue in abundance and concemration. To maimain the character of the district, the number of trees with diameters in excess of 12 inches shall be preserved. It is recommended that mature trees be removed only if they are dead, diseased, interfere with the existing structure foundation, or intrude upon existing fencing or retaining walls. · No significant changes to the topography shall be allowed for the purpose of development or renovation. VIII. New Construction - New Construction or Relocations In addition to the above guidelines, the following design guidelines shall apply specifically to all new construction in the district. The overall rhythm established by the similar setbacks and spacing prevalem in the District shall be respected. Relocations and new construction of primary buildings shall have a setback within 10% of the average setback distance from the street of the existing buildings on the block. Likewise, spacing shall be within 10% of the average distance between existing buildings on the block. New construction shall orient its facade in the same direction as existing buildings on the block. Site oriemation for garages and storage buildings has historically been at the rear and to the side of the property lot lines. This configuration shall cominue to be appropriate for new buildings in the district. Garage doors shall be setback at least 20 feet from the from elevation. New construction and relocations shall respect the scale and mass of existing adjacent buildings. No total building ratio shall exceed 25% of the lot size. Buildings should reflect the one to one and half-story make up of the neighborhood and shall not exceed 30 feet in height. The building design shall be compatible with the existing and surrounding buildings on the site or block and shall not detract from the character or appearance of the district. New building shall be distinguishable from the authentic historic styles present in the existing buildings and/or the district and shall not directly copy a period style. Creativity is encouraged. Elements of period design may be incorporated to ensure compatibility to the site or district. Materials remain significant in new building as well as those remodeled. The two primary building materials for new construction shall be masonry and wood. Masonry includes brick, stone, terra cotta, tile, mortar and stucco. Aluminum or vinyl siding, fiberboard, artificial stone, artificial brick veneer and other similar materials shall not be used on the exterior of new construction. Painting of any brick or stone surface shall be reflective of compatibility requirements only. In addition, fluorescent, luminescent, iridescent, opalescent, or like paint shall not be used to paint the exterior of any building in the District. In general, the roof pitch of historic buildings is an important and highly visible architectural feature. The character of roof types and pitches on buildings on the block and district shall be respected. Roof design, materials, textures and orientation of new building shall be consistent with existing buildings in the district. Roofing materials shall be visually compatible with those used on the block. Window patterns in terms of rhythm and ratio of walls to windows and doors shall relate to and blend with existing buildings on the block. The size and proportion (ratio of width to height) of window and door openings of the primary building shall be similar and compatible with those visible on the block. Windows and door styles shall blend with existing buildings on the block and be reflective of the style of new construction. Metal, storm and energy-efficient windows and doors shall be painted. IX. Commercial Construction and Rehabilitation of Existing Buildings In addition to all the above guideline, commercial buildings shall follow these specific guidelines. Commercial building or renovation for commercial purposes shall remain sensitive to the predominantly residential character of the district. Commercial presence in the District shall not detract from the neighborhood appearance of the block or district. Xo No additional thoroughfares shall be permitted or expanded to augmem commercial developmem or redevelopmem within the residemial portion of the district. All mechanical equipmem, loading and service emrances, trash containers, energy systems, rooftop equipmem, utility connections and service boxes shall be oriemed in the rear or concealed in such a way to minimize the visual impact on the public right of way and adjacem properties. The residemial nature of the block shall be maimained despite additional needs for parking. New parking when necessary shall be located to the side or back of the building. Landscaping of parking is encouraged to maimain residemial character of the district. No historic building shall be demolished to provide areas for parking. Permeable material for parking areas is preferred. Imensity and glare produced by parking lighting shall not be obtrusive to the surrounding residemial buildings. Demolition When a building is demolished, it is gone forever. It cannot be exactly replicated. The demolition of a building that comributes historically or architecturally to the character of the district shall be avoided. Demolition shall not be permitted under the following circumstances: 1. The building proposed for demolition is historically significam or is of architectural or historic interest 2. The building contributes significantly to the historic character of the district and demolition would create a detrimental view or adversely affect the existing buildings on the block 3. The building is of an old, unusual or uncommon design that could not be reproduced without great difficulty or expense 4. The demolition of the building would be detrimemal to the public interest 5. The proposed replacement would not have a positive visual effect or be compatible with existing buildings on the block and would not respect the district character and site orientation of the existing buildings on the block. Demolition shall be permitted is such demolition has been ordered by the appropriate departmem of the City of DeNon for reasons of public health and safety. Under consideration of the Landmark Commission, demolition can be allowed under the following conditions: XI. XII. 1. The demolition request is for a garage, addition or building that is not the primary building, the said accessory building does not contribute to the character of the district and whereby demolition of the accessory building will not adversely affect the primary facade 2. The demolition is for the purpose of returning (restoring) the structure to some previous historically documented state.. 3. The building has lost most of its original architectural integrity or does not preserve or contribute to the historic character of the district. Benign neglect shall be discouraged as a basis for demolition. 4. The primary building was built after 1965 and it detracts from the overall architectural character of the district and the replacement building will contribute more significantly to the architectural character of the block. New building shall follow new construction guidelines. Building Relocation Building relocation shall be minimized to preserve the architectural and site location of a structure. Relocation shall be allowed when no alternative remains for a building's preservation, integrity and structural soundness can be maintained, compatibility will be reflected in the new site, removal from original site does not create detrimental view or loss of integrity, and the proposed replacement on the original site will have a more positive visual impact. Any relocated building in the district shall be rehabilitated, repaired or remodeled in accordance with the applicable sections of these guidelines so as to preserve the original character of the building. All applicable guidelines, including site orientation of the block of the new location shall apply to such relocation and rehabilitation. Amendment of Guidelines Once adopted by the district, these guidelines shall not be amended, changed or revised in any manner without the affirmative vote of the 66-2/3 percent of the owners of land in the district. EXHIBIT F Bell Avenue Conservation District Guidelines (amended) Like Historic Districts, Conservation District status is a form of overlay zoning which adds a level of protection to selected neighborhoods. These guidelines will help to ensure sensible and harmonious design in terms of massing, fenestration and scale for cases involving new construction or developments that include infill construction within established neighborhoods. In terms of proposed exterior rehabilitation or maintenance of existing structures, the guidelines will provide property owners with solutions that respect the traditional design and intention of the built and natural environments. In addition to these guidelines, developmeN is also subject to the requirements in the DeNon DevelopmeN Code as they relate to building height, lot size, setbacks and parking. The Bell Avenue Conservation District consists of the area facing Bell Avenue between University Drive (Highway 380) and Sherman Drive (FM 428). The purpose of these guidelines is to preveN the loss of the District's historic buildings, and to serve as a guide for rehabilitation of existing buildings, construction of new buildings, and additions and relocation of buildings so as to preserve the historic and cultural character and the visual ideNity of the District. EXISTING BUILDINGS/STREETSCAPES Faqade Treatments Conservation Districts seek to preserve the faCade(s) of existing structures visible from the public right of way or street. The crucial aspects involve the appearance of the faCade(s) and the fenestration (e.g., placemeN of openings) of windows, doors and related trim. 1) Materials a) Original Materials 1) Brick or stone that was originally unpaiNed should remain so, since irreversible damage can result from attempts to remove paint by methods such as sandblasting. PaiNing or covering original brick or stone is discouraged. 2) Retain significaN character defining wooden or metal faCade elements. Examples include cornice brackets, gingerbread, decorative trim elements, ornamental barge/fascia board, and soffit. b) Maimenance 1) The United States Department of the Imerior's publication, Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings indicates that light detergents and water are the only acceptable methods for cleaning masonry. However, certain chemical stripping agents are safe to use on masonry surfaces within controlled environments, and are acceptable to use. Upon request, the Texas Historic Commission (512-463-6092) or the City of DeNon Preservation Officer (940-349-8529) can provide details as to these cleaning agents. 2) Sandblasting and other methods that utilize harsh abrasives/chemicals, or contents under high pressure are not permitted. 3) When repointing masonry, every effort must be made to duplicate the original strength and color of the original mortar, so as not to damage the brick or stone face due to spalling and to help the repair blend in with the original work. 2) Roofs a) Existing roofs that are visible from the public right of way should retain their profile as it relates to shape and slope. Appropriate roof treatments in Conservation Districts include dimensional shingles, real or synthetic slate shingles or standing seam metal. b) Historic systems that are imegral to the roof, such as flashing, and leader/conductor boxes, built-in gutters, downspouts or snow guards, should be retained and maintained on a regular basis, as these types of systems often were crafted of heavy gauge, resiliem materials such as copper or zinc and generally outperform modern materials, as well as retain a patina and contribute to the appearance of the structure. c) Buildings that incorporate a sloped roof, such as a gable and/or hipped roof, often feature decorative elements that should be retained, including but not limited to, roof cresting, ridge caps and finials. 3) Doors a) Replacement doors should be sized to fit in the existing opening. The opening should not be altered so as to accept either a smaller door (e.g., filling in excess space with material such as lumber, bricks or cement blocks) or to facilitate a larger door or doors (e.g., knocking out part of the surrounding wall and reframing the opening). 4) Windows a) Window openings should not be altered to accommodate replacement windows (e.g., "blocking down" or "blocking in" the opening). b) Replacement windows should relate to and be appropriate for the age and architectural style of the structure. c) In situations where original windows remain, every effort should be made to repair such windows, rather than replace them outright. d) Certificate of Appropriateness review will be required for any window repair or change due to code and safety regulations. 5) Porches a) Character defining details, such as decorative wooden or metal trim, turned wooden or cast iron columns, sections of the balustrade (e.g., spindles, newel posts and hand/top railings), and skirting should be retained. Every effort should be made to repair damaged portions of original materials. b) Porch roofs and their original character defining features, such as shed roofs commonly found on rowhouses or gabled roofs specified on semi-detached twins or detached homes, should be retained. c) Original porch flooring or ceiling materials, such as tongue and groove planks, also known as center matched strip flooring (also used as a ceiling material), should be preserved and retained wherever possible, or replaced in kind. Building Materials, Proportion and Profile Materials to be used for repairs to, or new additions to, existing buildings should harmonize with existing materials. Appropriate wall materials shall include, but not be limited to, brick, stone, stucco, natural wood or cementious siding. Any side, front or rear addition that is visible from the primary street, and which increases the footprim of the main building, would be reviewed. 1) Roofs: a) For new construction, the principal roofline should be consistent with the adjacent streetscape. b) New additions must respect the existing building's roof profile and, if visible from the primary street, be in harmony with it in terms of form, texture and color. c) Appropriate roofing materials, when visible from the public right of way, should consist of dimensional shingles, real or artificial slate, wooden shakes or standing seam metal. 2) Doors: a) For new construction, principal facades facing the street shall contain an entry door. 1) For corner properties, either faCade facing the street can qualify as 'primary,' and thus be eligible for placemem of the emry door. 3) Porches: a) Residemial new construction should incorporate a from or side porch, if a porch exists on the immediately adjacem properties within the block face. 4) Windows: a) Primary windows should be harmonious with adjacem properties and generally reflect vertical proportions (e.g., taller than they are wide). Accessory or ornamemal windows such as gable windows, sidelights and transom windows are allowed. 5) Utilities: a) Utilities, such as gas and electric meters, should not be placed on or along the primary faCade of new residemial or commercial structures, when possible. b) Where visibility of utilities is an issue, they should be: 1) pained so as to blend imo the background. 2) screened with vegetation so as to minimize the impact on the facade. 3) placed at or near ground level. c) HVAC equipmem should be placed on or along the rear facade or rear half of secondary facades and be screened from view by vegetation or fencing as referenced below. d) Cable and satellite television accessories, such as dishes and amennae, should be located on the rear half of the side facades or rear half of the roof, out of plain view where possible. 6) Fencing: a) All matters regarding fencing to be located in the from yard, or from and side yards of a corner property, shall fall under the jurisdiction of the amended portion of Section 35.13.9 of the City of Demon Development Code 7) Topography: a) The site for new construction which is within view of the public right of way shall be in harmony with existing topographical features typical of the neighborhood. REVIEW PROCESS All exterior changes require a Certificate of Appropriateness (CEA) prior to beginning work. The CeA should be filed with the Historic Preservation Officer (HPe). All existing timelines will be followed. Things that require a CeA include: 1. Constructing a new building or making an addition to an existing building 2. Reconstructing, altering changing or restoring the exterior faqade of an existing building 3. Placing or relocating a building 4. Removing or demolishing exterior architectural features 5. Constructing, repairing or erecting a permanent improvement (fence, driveway, etc.) Any ordinary maimenance or repair shall be submitted on a CeA to the HPe prior to the beginning of the work to determine whether the work jeopardizes the character of the building or district. Examples of routine maimenance would include: 1. Paint 2. Repairing the structure using like materials (wood with new wood, composition shingles with new composition shingles, etc.) 3. Replacing windows or doors with like materials of the same size If the HPe determines that the work should be reviewed by the HLC, they will place it on the next agenda and notify the applicam of the time and date of the public hearing. If the HLC denies the CeA, the applicam may appeal their decision to the DeNon City Council. DEFINITIONS 1. Addition: A construction project physically connected to the exterior of building. 2. Alteration: Any change affecting the exterior appearance of an existing improvement by additions, reconstruction, remodeling, or maintenance involving changes in form, texture, or materials. 3. COA: Certificate of Appropriateness; a form which must be filled out and turned in to the Historic Preservation Officer prior to beginning exterior work on a structure. 4. Demolition: The act or process of wrecking, destroying, or removing any building or any part thereof. Demolition includes, but is not limited to, the removal of a building from its site, or the removal or destruction of a facade or surface. 5. Design Guidelines: Written criteria, supplemented by graphic illustrations as appropriate, illustrating architectural considerations, which will affect the graining of building permits within the urban conservation district. 6. Fa~;ade: Any of the exterior faces ora building. 7. HLC: The City of Demon Historic Landmark Commission. 8. HPO: The City of Demon Historic Preservation Officer. 9. Improvement: Any building, structure, fence, gate, wall, walkway, parking facility, light fixture, bench, foumain, sign, work of art, earthworks, or other man-made objects constituting a physical bettermem of real property, or any part of such betterment. 10. Infill: Descriptive of buildings that have been designed and built to replace missing structures or otherwise fill gaps in the streetscape. Infill architecture shall be compatible in such elemems as height, proportion, and materials. 11. Ordinary Maintenance or Repair: The process of conserving a site, building, structure or object over time to prevent deterioration as opposed to restoration or rehabilitation; may include inspection and planning as well as housekeeping, minor repairs, and paiming. 12. Preservation: The act or process of applying measures to sustain the existing form, imegrity, and material of a building or structure and the existing form and vegetative cover of a site. It may include initial stabilization work where necessary, as well as ongoing maimenance of the building materials and vegetation. 13. Primary Fa~;ade: The from wall of a building, or the wall in which the principal building emrance is located. 14. Public Right-of-Way: Any designated public street, sidewalk, or alley. 15. Rehabilitation: The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features, which convey its historical, cultural, or architectural values. 16. Restoration: The act or process of accurately recovering the form, features and character of a property as it appeared at a particular period of time, which may involve the removal of later additions or alterations, or the replacement of missing features. Secretary of the Interior's Standards For Rehabilitation 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Prevalent architectural styles in the Bell Avenue Historic Conservation District Example of a Ranch Style House, 1815 Bell Growing out of the Modern style, but owing as much to the earlier Bungalow, Prairie and Cottage styles, is the much-maligned American Ranch Style home (1932 to present). The criticism usually comes from a generation that grew up in suburbs of ranch houses, but who is not yet distant enough in time to look objectively at the fifties styles. Although some say Ranch Style homes have no style at all, this is not true; there was a very conscious attempt to emphasize the horizontal and to create an open floor plan. Large ranch homes may sprawl 2000-3000 square feet with rooms and hallways flowing into one another, and sliding glass doors opening the interior of the house into the back patio. The formal dining room is more of an extension of the kitchen and living room than a separate room. The quality of construction in even modest fifties ranch houses is usually better than in houses from the 1970's. The floors are of oak even when covered with a carpet, the exterior is of solid brick rather than cheap composite siding, bathroom tile work is common. Ranch style houses have many of these features: · Single story · Low pitched gable roof · Deep-set eaves · Horizontal, rambling layout: Long, narrow, and low to the ground · Rectangular, L-shaped, or U-shaped design · Asymmetrical · Large windows: double-hung, sliding, and picture · Sliding glass doors leading out to patio · Attached garage · Simple floor plans · Emphasis on openness (few interior walls) and efficient use of space · Built from natural materials: Oak floors, wood or brick exterior · Lack decorative detailing, aside from decorative shutters and porch-roof supports Example of a Bungalow, 2016 Bell The Craftsman Bungalow (1905-1930) is an all American housing style, but it has its spiritual roots in India. Native houses in the province of Bengal were called bangla or bangala. British colonists adapted these one-story thatch-roofed huts to use as summer homes. For their comfortable bangla, the British arranged dining rooms, bedrooms, kitchens, and bathrooms around central living rooms. This efficient floor plan became the prototype for America's Craftsman Bungalows. The first American house to be called a bungalow was designed in 1879 by William Gibbons Preston. Two California architects, Charles Sumner Greene and Henry Mather Greene, are often credited with inspiring America to build simple one-and-a-half story bungalows. Homes designed by the Greenes were publicized in magazines, and a flood of pattern books followed. Architectural purists say that true Bungalows represent structural simplicity, efficient use of space, and understated style. Most of the living area is placed on the ground floor. Seventy-five years after Bungalows took America by storm, the style remains a popular favorite. These comfortable and elegant little houses are prevalent in the Bell Avenue area. Craftsman style bungalows usually have these features: Low-pitched roof Wide eaves with exposed roof rafters Decorative braces Porch with square columns One or one and a half stories Built-in cabinets, shelves, and seating Many Craftsman bungalows also have: · Stone chimneys · Gabled dormers · Sloping foundation Example of a Colonial Revival House, 1816 Bell Colonial Revival became a popular American house style after it appeared at the 1876 the US Centennial Exposition. Reflecting American patriotism and a desire for simplicity, the Colonial Revival house style remained popular until the mid-1950s. Between World War I and II, Colonial Revival was the most popular historic revival house style in the United States. Some architectural historians say that Colonial Revival is a Victorian style; others believe that the Colonial Revival style marked the end of the Victorian period in architecture. The Colonial Revival style is based loosely on Federal and Georgian house styles, and a clear reaction against excessively elaborate Victorian Oueen Anne architecture. Eventually, the simple, symmetrical Colonial Revival style became incorporated into the Foursquare and Bungalow house styles of the early 20th century. Colonial Revival houses have many of these features: · Symmetrical faCade · Rectangular · 2to 3 stories · Gable roof · Overhanging upper story · Pillars and columns · Multi-pane, double-hung windows with shutters · Dormers · Temple-like entrance: porticos topped by pediment · Paneled doors with sidelights and topped with rectangular transoms or fanlights · Center entry-hall floor plan · Entertaining rooms on first floor and bedrooms on upper floors · Fireplaces · Made of brick orwood · Simple, classical detailing Subtypes of the Colonial Revival House Style · Dutch Colonial Two-story house made of clapboard or shingles with a gambrel roof, flared eaves, and a side-entry floor plan. · Spanish Colonial Revival Low-pitched ceramic tile roof, stucco walls, eaves with little or no overhang, wrought iron, and windows and doorways with round arches. Example ora Tudor style house, 2009 Bell The name Tudor suggests that these houses imitate English architecture from the early 16th century. However, most Tudor style homes were inspired by building techniques from an earlier time. Some Tudor houses mimic humble medieval cottages -- They may even include a false thatched roof. Other Tudor homes borrow ideas from late medieval palaces. They may have overlapping gables, parapets, and beautifully patterned brick or stonework. These historic details combine with Victorian or Craftsman flourishes. As in many Queen Anne and Stick style homes, Tudor style houses often feature striking decorative timbers. These timbers hint at -- but do not duplicate -- Medieval building techniques. In Medieval houses, the timber framing was integral with the structure. Modem Tudor houses, however, merely suggest the structural framework with false half- timbering. This decorative woodwork comes in many different designs, with stucco or patterned brick between the timbers. In the United States, Tudor styling takes on a variety of forms ranging from elaborate mansions to modest suburban homes with mock masonry veneers. The style became enormously popular in the 1920s and 1930s, and modified versions became fashionable in the 1970s and 1980s. Tudor style homes usually have these features: · Decorative half-timbering · Steeply pitched roof · Prominent cross gables · Tall, narrow windows · Small window panes · Massive chimneys, often topped with decorative chimney pots AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Police Jon Fortune, Assistant City Manager SUBJECT: Receive a report, hold a discussion, and give staff direction regarding the City of DeNon Animal Services Departmem. BACKGROUND: Council requested a staff to review the operation of the City of DeNon Animal Services Division. The following review provides a detailed examination of the operation of the unit, with an emphasis on the animal shelter. This review offers a comparison of the current operation with applicable industry standards. It also provides, where pertinent, a comparison with the programs of other local municipal and private animal services organizations. Finally, the review provides a strategic plan, based on these comparisons, that offers a number of recommendations and options that would serve to bring the Animal Services program up to community expectations and industry standards. Legal Requirements to Provide Animal Services According to the Texas Health and Safety Code, a municipality is required to provide, either through direct employment or by contract with other public or private entities, the provisions of Chapter 826, which addresses rabies. That is the only specific requiremem for a city in terms of animal services. Where a municipality chooses to operate an animal shelter, there are additional requirements set out in Chapter 823 on the operation and standards for such a facility. Services Provided by the Unit The City of DeNon Animal Services Unit provides four main areas of service: rabies eradication, enforcemem of animal-related laws and ordinances, operation of the animal shelter, and euthanasia and cremation services. Rabies Eradication The Animal Services Unit operates a quaramine facility approved by the Texas Departmem of Health Services. This facility is used to quaramine animals involved in bites to humans. Several local agencies make use of the quaramine facility through inter- local agreements. The unit completes reports and conducts investigations into all reported animal bites of humans that occur in the city limits. As part of the rabies eradication function, the unit prepares and ships rabies suspect specimens to the state laboratory for testing. To further assist with rabies eradication, the unit investigates reports of possible rabies exposure from attacks by wildlife on domestic animals and provides traps for residents for wildlife in and around residential areas. Enforcement of Animal-related Laws and Ordinances Officers of the Animal Services Unit enforce applicable provisions of the Texas Health and Safety Code and the ordinances contained in Chapter 6 of the City Code of Ordinances. These ordinances include requirements for owners to maintain animals in terms of their general health, registration, vaccinations, and control either by proper fencing or the use of a leash. The officers of the unit also impound stray animals, handle complaints of barking dogs and vicious animals, investigate the keeping of prohibited animals in the city limits, handle loose livestock, and deal with wildlife in and around residential areas. Finally, the unit assists the Police Department with the investigation of animal cruelty cases in the city. Operation of the Shelter The Animal Services Unit operates the animal shelter to house stray animals brought in by officers or citizens and those "unwanted" animals brought in by citizens. The shelter, through interlocal agreements, also provides housing of similar animals for several additional agencies. Animals in the shelter that have identification or are reported missing by an owner are returned home. Animals that cannot be matched with a known owner are made available for adoption to rescue groups and the general public. Part of our efforts to re-unite animals with owners involves the use of microchip scanners. These scanners detect implanted chips in animals that provide identification information. Unclaimed animals that are in our shelter for more than ninety-six (96) hours are offered for adoption to citizens or transfer to approved animal rescue groups. Euthanasia and Cremation The Animal Services unit performs humane euthanasia on injured animals and animals that are not reclaimed or adopted out of the shelter. In addition, private euthanasia services are performed for Denton residents who bring their animal to the shelter for a nominal fee. The unit operates a crematorium for animals put down at the shelter. Residents and area veterinarians can also bring euthanized animals to the crematorium for general or private cremations for a nominal service fee. Area of Service of the Shelter Animal Services provides the full range of shelter services to the citizens of Denton. Through interlocal agreement, the unit also provides shelter space, euthanasia, and cremation services to Denton County, the City of Corinth, the City of Roanoke, and the City of Krum. The City of Ponder has an existing interlocal agreement, but has not brought an animal to the shelter in the past year. Figure 1 Average Animals in Shelter per Month 16.6'1 13. ~ 4.4- 81.6 2 Figure 1 depicts the average number of animals held in the shelter each month, including those through interlocal agreement. Shelter Cost Breakdown The shelter charges a holding fee of fifteen ($15) dollars on all animals that are brought to the facility and housed. If the animal is picked up by animal services, there is an additional twenty ($20) dollar impound fee. Beginning the second day, there is an additional charge of five ($5) dollars a day for care and housing. These daily charges accrue until the animal is claimed by the owner, adopted, or is euthanized. Interlocal agreemems provide for paymem to the City of DeNon for the specific services provided on a per animal basis. These agencies are charged the same rates that a citizen of Denton would pay for impoundmem and daily care, for a maximum of five (5) days. If these animals are held beyond the five-day timeframe, no additional daily care charges are incurred by the outside agency. Where these animals are euthanized, the agency is charged a euthanasia fee of thirty ($30) dollars and an additional five ($5) dollar cremation fee. The euthanasia and cremation fees are the same as those charged to a citizen of Denton. Because of the staggered amount of time each animal may be held, and the fact that some will be euthanized, each of the interlocal agencies pays a varying per animal fee. The average momhly fee for these agencies ranges from twenty-six ($26) dollars to fifty-five ($55) dollars per animal. Using the hourly cost and average time dedicated to staffing the kennel each week, and conducting the euthanasia procedures, plus the budgeted costs for the kennel and euthanasia supplies, we are able to calculate the average housing and maintenance cost per animal at just over nineteen ($19) dollars. The average momhly revenue per animal can be calculated using the fees paid by imerlocal agencies. For the City of DeNon animals, revenue is calculated based on the fees paid by citizens reclaiming their animals from the shelter. Figure 2 provides a detailed average momhly financial breakdown for the city and all of the imerlocal agencies. Average Monthly Financial Breakdown Month~ Month~ Net Total Cost/AnimalCost Rev/Animal Rev Dill/Animal Net Diff DeNon 241 $19.10 $4,603.10 $7.27 $1,752.07 -$11.83 -$2,851.03 County 81.6 $19.10 $1,558.56 $47.36 $3,864.58 $28.26 $2,306.02 Krum 4.4 $19.10 $84.04 $55.94 $246.14 $36.84 $162.10 Roanokel3 $19.10 $248.30 $35.12 $456.56 $16.02 $208.26 Corimh 16.6 $19.10 $317.06 $26.90 $446.54 $7.80 $129.48 Total 356.6 $19.10 $6,811.06 $20.52 $7,319.15 $1.42 $508.09 Figure 2 Strategic Plan for Animal Services The goal for Animal Services unit, and the shelter operation in particular, is to be seen as a leader in the area for municipal animal comrol. To that end, we have worked to analyze every aspect of our current operation to determine what changes need to be made. Part of this analysis has involved in-depth communications with the DeNon Humane Society, a number of local veterinarians, and research through the Humane Society of the United States (HSUS) and the National Animal CoNrol Association (NACA). Through this analysis, we have determined the need for significaN changes in several areas of our operation: Staffing, the Shelter Facility, Training, and Adoption Procedures. Staffing CurreNly, the Animal Services Unit is made up of 6 Animal Services field officers, 1 secretary, and 1 Senior Animal Services Officer, who reports to the Special Enforcement Lieutenant in the Police Department. One of the field officers works exclusively in the kennel dealing with cleaning, adoptions, and euthanasia. The remaining field officers split their time between answering calls for service throughout the city and assisting with kennel operations and cleaning. The Senior Animal Services Officer manages the daily operation of the kennel and the field officers. From the professional aspect, Animal Control Staff is viewed in two separate categories: Field Officers and Kennel Staff. According to the National Animal Control Association, there is no true professional staffing model for determining the number of field officers required to answer calls for service. Typically, the number of officers is derived using a simple breakdown based on the number of calls for service and the number of hours required to answer those calls. However, management philosophies on reactive versus proactive patrol, protocols for resolving violations, and the range of services provided by the individual agency have a dramatic impact on staffing requirements. Determining this figure for our operation is problematic at this point. Due to the need in the dispatch center to prioritize Police and Fire public safety calls, Animal Services officers often delay clearing a call in order to allow dispatch to be available for Police and Fire units. Because of these delays in clearance time, the current available data for call clearance times is considerable skewed. Add to this the fact that we often call on our field officers to spend considerable time working in the kennel, and we further complicate the calculations. For 2004, we answered six thousand one hundred ninety two calls for service (6192). We saw an approximate increase in calls for service of 3.7 perceN from 2003. Based on our field staffing levels, our officers handle an average of sixteen (16) calls a day and approximately one hundred three calls per officer each moNh. In general, we believe we have sufficient personnel in place to allow us to answer calls for service, conduct those special programs such as animal trap loans and bird dispersals, and expand iNo some much needed educational aspects in our local schools and community evens. Unlike staffing standards for field officers, standards for kennel staffing levels are very precise. The NACA policy statement on kennel staffing recommends that each animal control shelter be staffed with the appropriate number of kennel personnel to insure that every animal is properly cared for in a safe and humane manner and to maiNain a safe working environmeN for employees. In general, caring for animals housed in a shelter facility requires daily cleaning and sanitation to reduce the spread of disease, maiNain the health of the shelter population, and to provide for a clean and odor free facility. Further, there must be sufficient staff to ensure an appropriate feeding schedule for each animal and to complete all the other necessary duties. Figure 3 provides us with a benchmark recommended staffing number for the kennel based on our average yearly animal population. The staffing projection only provides for the minimum number of daily staff required to do the essential cleaning and feeding of the animals housed at the facility. Kennel Staffing Formula NA CA Model Indicator Value Formula Value Indicator ncoming Animals per Incoming Animals per Year ¢280 / 365 days = 11.7 Day ncoming Animals per X 5 Day Average Hold Animals in Shelter per Day 11.7 = 58.6 Day Animals in Shelter X 10 Minutes per Number of Minutes per Day 58.6 Animal 586.3 Needed Number of Hours Minutes Needed 586.3 / 60 minutes 9.8 Needed Number of Hours Needed 9.8 / 3 hours 3.3 Staff Needed per Day Figure 3 In addition to the staff recommended through the formula in figure 3, our operation performs an average of two hundred twenty-two (222) humane euthanasia procedures each month. Based on the average amount of time required to perform the euthanasia and cremation, our staff spends at least an additional seventy hours (70) each month on those services. Added to this is an additional allotment of time to handle and process those animals dropped off by private citizens and veterinarians for the crematorium. Finally, our staff attempts to assist citizens who come to the shelter in search of a lost pet or to adopt a new pet. It is difficult to assess a time value for this service, but we can assume at least ten minutes (10) per customer as a low average. With an average adoption of fifty-eight (58) animals each month and an unknown number of lost pet checks, we can add a minimum ten (10) additional hours of time each month. Recommendations Based on the NACA staffing formula, we are understaffed to perform the basic cleaning, feeding and maintenance functions for the number of animals housed at our facility. Further, when the additional requirements for euthanasia, cremation, and the necessary customer service aspects for adoption and reclamation of animals at the shelter are added, we are seriously impacting the overall level of service we can provide. The past results have been a lower standard for cleaning in the kennel and an inability to perform proactive fieldwork and any educational efforts in the schools and the community. The result of these deficiencies has been a steady decline in the public understanding of our role and mission, and a general dissatisfaction with the status of the kennel and level of care for the animals housed there. Further, our annual inspections continue to indicate that we are only meeting the very minimum acceptable standards in many areas. To put us in a position to provide the minimum recommended level of care for the animals; we need to establish a division between field officers and kennel staff. The creation of a new kennel staff designation would allow us to hire employees for the sole purpose of working the kennel. This position would provide dedicated staff for the kennel and also give us a pool of employees to consider for future openings in the field. The dedicated kennel staff should be increased by a minimum of two (2) full time positions to perform the cleaning and feeding functions. The current field officer that is assigned to the kennel should be upgraded to a "senior" kennel officer position to oversee the training of the kennel staff and handle some of the first-line supervisory duties in the kennel area. Figure 4 provides a proposed organizational structure with these recommended changes and additions. Adding these positions and making the distinction between job functions would put us much closer to the industry standard for care of the animals. Proposed Organizational Chart 1 Figure 4 Shelter Facility The current Animal Services shelter was built in 1979 and housed both the kennel and the administrative offices and the reception area. In 1988, an expansion project included a separate office building, an additional nine kennels in the main holding area, a separate isolation area with nine kennels, and a quarantine room with fifteen kennels. The office building was the only construction completed in that project. Currently, the kennel has housing capacity for thirty-three (33) dogs, thirty-one (31) cats, nine (9) quarantined cats, twelve (12) quarantined dogs, and three sick/injured dogs. This totals to a capacity of eighty-eight (88) animals. The shelter is now and has been the main source of citizen complaints about Animal Services for a number of years. By modern industry standards, our facility is far behind in a number of areas: Overall Atmosphere, Kennel Capacity, and Disease Control. Overall Atmosphere Modem Animal shelters are designed to be bright, warm, inviting places that provide an atmosphere that encourages adoption and shows that the animals are provided with good care. Most of the new shelters are painted in warm colors. In much the same way that modern medical buildings and doctors' offices have done, there has been a move away from the stark white walls and the "professional" setting. In its place Figure 5 is an atmosphere where people entering feel at home and welcome. The photo in figure 5 shows the cat area in the Flower Mound Adoption Center. The mindset created by the building design and d6cor is that such a place must treat its residents with respect and care. Many of these shelters often provide space at the front of the shelter for multiple cats to live in a "cat condo" where potential adopters can see them with other cats - playing and interacting. Again, the idea is to foster and promote the care and compassion for the animals in the facility. At the Denton Animal Services Shelter, the atmosphere and inviting. Razor-wire fencing surrounds the facility. In the dog kennel room, the interior walls are unfinished and the insulation on the walls is exposed. The room has an open-air ceiling, where overhead pipes can be seen. The flooring is bare concrete. Figure 6 is a photo taken in the dog room of our kennel. Lighting in the kennel areas is insufficiem. There are dark areas and the impression left on visitors is that we keep the animals in a dark, dank setting. The general appearance is that the dog kennels were placed inside an existing warehouse. In the cat room, cats and kittens are housed in individual stainless steel kennels with steel grating on the floors. is not perceived to be welcoming Figure 6 Six of the dog kennels have access to outdoor runs. These outdoor areas are approximately 6' X 6' - not much larger than the interior kennels they are attached to. Due to staffing and storage issues, these runs are not currently utilized other than for the storage of animal traps and some other outdoor-suitable items. The remaining twenty- seven dog kennels have no access to outdoor runs, and many of these kennels are smaller in size. The result is that the vast majority of the dogs housed at our shelter are confined to a small indoor space for the duration of their stay at our facility. Curremly, the shelter does not have the ability to provide bedding or toys for the animals at the facility. The shelter is not equipped with a washing machine, dryer, or dishwasher. We previously attempted to fund these machines and the required connections, but have not been successful to date. Without this equipment, we cannot clean and sanitize bedding materials or "indestructible" toys for the animals to play with. Because we can't re-use these items, most people are reluctant to purchase and donate them to us for a one- time use. Further, we curremly use disposable paper trays for feeding. The animals often tear these up due to anxiety and/or the lack of other toys to entertain them. The result is a further degradation of the appearance of the kennels and the perception of the care we provide to our animals. Ideally, we would utilize stainless steel bowls for water and food, as these could be sanitized in a dishwasher after use. The result of all of these issues is that visitors to our shelter are left with a negative perception of our shelter, the care we provide for the animals, and the City of Demon in general. They see animals housed in small kennels with none of the amenities that a pet in a household setting would be provided. Kennel Capacity As stated previously, our total capacity for all of the kennel areas is eighty-eight (88). While our average daily population at the shelter is sixty-nine (69) animals, certain areas are typically overpopulated and require the placement of multiple animals in a single kennel. Especially during the summer momhs, our general population areas for dogs and cats are normally overpopulated. The number of animals housed at the shelter has increased by more than eighteen percem since 1996. With the projected growth of the City of DeNon and those emities we provide shelter space for through imerlocal agreement, we should expect the number of animals housed at our facility to continue to increase. Despite the growth in our animal population, there have been no additions to the kennel space the facility had when it was constructed in 1979. The present situation results in overcrowding that hinders staff efforts to sanitize the shelter and increases probability for the spread of disease among the animals. According to the 2004 North Cemral Texas Council of Governmems (NCTCOG) Demographics Report, the City of Denton currently has a population of 96,167 and an estimated 38,610 households. The HSUS provides an average estimate of 2.3 animals per household, which would project to more than 88,000 animals in the city. As our population and the number of households increase, the number of animals in the city will continue to increase. As it stands, we annually house approximately 3.3% of the estimated animals in the city plus those of four other entities. Figure 7, based on the NCTCOG 2030 Demographic Forecast, provides a projection for animals housed in our shelter. This calculation is done using the current percentage of animals we shelter for the city and our currem imerlocal agencies. Based on our housing needs and trends, we can estimate a need for a substantial increase in our population capacity. Figure 8 depicts the projected housing needs for the shelter: IAnimals in Shelte~ Figure 7 Animal Shelter Kennel Space Current Current Kennel Area Space Need % Increase Dog 33 75 127% Cat 31 50 61.3% Quaramine Dog 12 25 108% Quaramine Cat 9 15 67% Sick/Injured 3 15 400% Total 88 180 105% Figure 8 Disease Control One of the primary problem areas for animal shelters is the comrol of disease and parasites in the facility. The primary step in disease comrol is the proper evaluation of animals emering the facility and daily observation of their behavior and appearance for signs of illness or other warning signs. The spread of most comact diseases can be controlled through the separation of animals and a proper cleaning/de-sanitization procedure in those areas where animals may cross paths, such as adoption rooms, common walking paths, etc. To facilitate proper cleansing of these areas, the industry standard is to utilize some form of non-absorbem material for flooring in the kennel areas. Concrete flooring is absorbem and allows bacteria and other germs to soak in and thrive. At a minimum, the Humane Society of the United States recommends the application of a concrete sealer, with a reapplication every 6 months. Air-borne disease is much harder to control, as it requires an air handling system with adequate filtration and the ability to separate and isolate sick animals. Even with these control systems in place, it is recommended that the animals in the shelter be regularly evaluated and treated by a veterinarian. Finally, the control of parasites is accomplished either by the use of a "dip tank", where animals are walked through as they are brought in to the facility, or by treatment with a flea/tick preventative such as Advantix or Frontline. The use of these treatments helps to ensure that fleas and tick are not infesting the animal population and spreading disease. The shelter has problems with meeting community expectations and industry recommendations on disease comrol. Because of the limited housing space, we have no adequate means of isolating sick or ill animals. As shown previously, we curremly have three kennels that can be used to separate sick animals. The flooring in the kennel areas is bare concrete that has previously had a concrete sealer applied, but needs additional sealant to meet standards. There are some cracks in the current floor that need to be filled in order to reapply a standard concrete sealant. Estimates for the new non-absorbent flooring for our kennel are approximately $5,800. The air handling system at the shelter is antiquated at best. It simply recycles the air in the building and does not include any form of filtration. In terms of veterinarian care, the Animal Services budget provides for $500 each fiscal year for veterinarian services, but the majority of that money is used on treatment and investigation of cruelty cases. There is no current contract or means for bringing a veterinarian into the shelter to evaluate and treat our animals. There is insufficient staff time and money to transport animals to a local office for treatment. There is currently no treatment for fleas and ticks other than daily cleaning of the facility. Recommendations Ideally, the City of DeNon would construct a new shelter facility that included sufficiem kennel space and the additional equipment and amenities to adequately provide the proper level of care for the animals we house. Estimates for a facility to house our projected animal population and provide the additional space necessary for the operation are approximately twelve to fifteen thousand square feet. According to the architect involved in the construction of the Flower Mound shelter, the estimated construction cost for a new shelter such as Flower Mound's with modern technology, is approximately $250.00 per square foot. The construction of a new state-of-the-art facility would provide for the disease coNrol environmeN outlined above as well as addressing the vast majority of the complaints about our shelter. Outside of building a new facility, the curreN shelter would require some major work to bring it up to industry standards and community expectations. Staff recommends the addition of approximately twenty-two (22) lights to the kennel areas. The shelter has been offered a donation of a new washing machine, dryer, and dishwasher. However, the city would need to provide the requisite plumbing and electrical connections to install and use the machines. The external fencing should have the razor wire removed and some sort of evergreen shrubs should be planed on the iNerior of the fence line to provide a visible barrier without creating a "prison" atmosphere. The interior of the dog room needs to have a drop down ceiling installed to cover the exposed pipes and the upper portions of the walls should be finished to cover the insulation. This would also help the lighting situation tremendously. Finally, the construction of some dedicated dog runs that would allow animals the opportunity to be outside would be beneficial. Additional procedures to deal with disease coNrol would need to be created, but the ability to give those dogs who have been housed there for a longer period of time some outdoor exposure would be of great benefit to them. Adequate kennel space is a critical need. The kennel space recommended in figure 8 above needs to be added to be able to adequately house the curreN and projected animal population. Like staffing, available kennel space is a key ingredieN in several areas, such as disease control and pet adoption. In terms of disease control, the shelter needs to be equipped with disease free flooring. An estimate for the current kennel area is approximately $5,800. Further, there is a need to provide adequate space in a separation area where sick animals can be housed. An air handling and filtration system needs to be installed to control air-borne disease. Staff recommends some form of contractual veterinarian service for the evaluation and treatmeN of animals housed at the facility. Finally, the use of some form of flea/tick treatment to control the presence of these parasites in our facility is recommended. The shelter receNly received a major donation from the DeNon Humane Society. For many years, there has been no table or other countertop space on which to perform the euthanasia procedures. While steps were taken to ensure the animals were not in distress, this process was more detrimental on the staff because they lacked the proper equipment for the task. The DeNon Humane Society purchased and donated a euthanasia table for the facility. This table makes the necessary work easier for the staff to perform. It also serves to improve the ability to maintain a clean and sterilized environment. The Denton Humane Society has also been very gracious over the years in their donations of food, cat litter, cleaning supplies, and many other items. While this has been a tremendous asset, these items need to be included in future budgets in order to ensure the adequate level of care for the animals at the facility. 10 Training The training of personnel is essential to the successful and efficient operation an Animal Services unit. Animal control personnel need formal, specialized training to operate shelter facilities efficieNly and humanely, perform field service duties, and carry out the provisions of our ordinances, included in this should be training in humane animal handling and restraiN, animal care and behavior, zoonotic disease preveNion, and public education. The Texas DepartmeN of State Health Services (TDSHS) offers three levels of certification courses for animal coNrol officers: Basic, Advanced, and Administrative. There are additional specialized certification courses in Shelter Management, Kennel Technician, Certified Euthanasia Technician, Chemical immobilization, and Responsible Pet Ownership Education. The Humane Society of the United States (HSUS) offers training courses such as the Shelter Operations School (SOS), Shelter Operations School for Managers, and Shelter Planning, Design and Construction. All of the City of DeNon Animal Services Officers are sen through the Basic and Advanced and Certified Euthanasia certification courses. One of the officers has been through the Administrative certification course as well. In addition, the Senior Animal Services Officer has numerous national certifications including Chemical Immobilization, Shelter Management, Cruelty Investigations, and Pet Ownership Education. Recently, three officers were sent to a course that certified them in Gifted Animal Placement. This training provides the shelter with the ability to evaluate animals that eNer the facility for use as service dogs for guides, bomb and drug detection, and other specialties. Two officers also attended a course last month in adoption training. This course was offered through the Society for the PreveNion of Cruelty to Animals (SPCA) and it focused on improving adoptions through improved education and counseling of prospective adopters and appropriate follow-up with adopters to ensure a smooth transition to the new home. The TDSHS course in Certified Euthanasia is currently taught at our facility. This course is offered at very few facilities. Feedback from class attendees has been very positive. Recently, a member of the Denton Humane Society Board attended the course as an observer. She provided staff with very positive feedback on the humane approach taught in the course. Recommendations With a separation of field officers and kennel staff, kennel personnel should receive specialized training as kennel technicians and in kennel management. Attendance at the HSUS Shelter Operations School would be very beneficial as well. Staff recommends that field personnel be trained in Chemical immobilization and Pet Ownership. Adoptions The Denton Animal Services shelter offers animals for adoption to the public or transfer to other animal rescue groups. The ability to adopt out animals from the facility is a major concern. The average moNhly adoption rate is curreNly seveNeen perceN (17%). When figured with the number of animals that are transferred out to rescue organizations, the rate climbs to twenty-nine perceN (29%). Comparatively, the euthanasia rate is forty- 11 eight percent (48%). The remaining twenty three percent (23%) are reclaimed by their owner. In general, adoptions from a government animal control facility can be difficult. Many of the animals offered in such a shelter have been abused. Most weren't cared for and trained properly and therefore have behavior issues. When people look for a new pet to bring in to their home, most don't consider adopting out of an animal shelter. Those that do choose to adopt from an animal shelter now have a number of choices. Many shelters offer the ability to view adoptable animals via the Intemet. They have a choice in the range of prices and options in terms of vaccinations and sterilization. These choices put pressure on the traditional animal control shelter to be competitive with other shelters. For the City of Denton, shortages in staffing, kennel space, and amenities, create some additional challenges in adoptions. There is insufficient staff to spend the necessary time interacting with the animals to understand their behavior tendencies. Because of this, staff can't know what home settings would be more appropriate for the specific animals. Further, the facility does not have the necessary staff to be able to spend the requisite time with a prospective adopter to screen and match animals to their preferences and home setting. Mobile adoption programs have been very popular and effective. Staffing shortages limit the ability to offer a mobile adoption program and the amount of community events that can be attended to promote adoptions at the shelter. Because of a lack of necessary equipment and staff time, the animals are not bathed or groomed. The animals are offered in the general condition they were in when picked up or brought in to the shelter. A prospective adopter must be willing and able to look through the dirty coat or matted hair to see a potentially great companion. When compared to other facilities that can bathe and groom their animals, the current process at the shelter can be improved. In the last month, staff worked with the Denton Humane Society to reconfigure an existing office/storage space in the kennel building to be used as an adoption room. Previously, there was no dedicated space for an adopter to interact with an animal away from the kennels and the other housed animals. It is difficult to gauge an animal's behavior and tendencies when viewed through a metal cage while other dogs or cats are seeking your attention. The Humane Society offered to provide furnishings for the room. Staff recently launched an art contest at the beginning of February in the local high schools to paint a mural on the wall of the new adoption room. The intent is to provide a comfortable, private space where adopters can interact and evaluate animals. Comparison to municipal shelters The cost associated with adopting animals is a major issue in the overall success of the adoption program. Many people that look to a shelter for adoption do so because of the cost difference versus buying one from a pet store, an individual, or a breeder. The cost for adopting an animal from a local animal control shelter varies from free up to $80.00. The primary cost difference is based on whether or not the adopted animal has been tested, vaccinated, and sterilized. Several of the area municipal shelters offer animals for adoption that have been sterilized, tested, and vaccinated. They are able to offer these services due to contractual arrangements with local veterinarians or organizations that provide these types of services. The average cost to adopt an animal from one of these shelters is $75.00. 12 Animals adopted out of the City of Denton shelter have not been vaccinated or sterilized, and adopting families are required to have these services performed within a mandatory timeframe. The cost to adopt an animal out of the shelter is $10.00 plus a city registration fee of $4.00 for citizens of Denton. Rescue groups are not charged to take animals out of the shelter. While the upfront adoption costs are higher at other shelters, the final cost to the adopter is generally lower. The cost at a local veterinarian's office in the city for sterilization, vaccination, and testing vary widely. The average cost for cats is just under $100.00. The average cost for dogs is just over $100.00. The shelter does not offer vaccinated and sterilized animals due to the demand for available space in the shelter and the lack of funding to provide these services. The grim reality is that the majority of the animals available for adoption out of the shelter are facing the last chance to find a family. Space for holding animals is limited. Further, for their welfare, animals cannot be held in a cage at the shelter for an indefinite amount of time. Spending money to vaccinate and sterilize an animal that may not be adopted is difficult to justify for a municipal organization. In addition to the adoption costs, the process for the adoption also has an impact on the adoption rate for the shelter. State law mandates that any animal adopted out of a shelter be vaccinated and sterilized. Where shelters are able to offer animals that are sterilized and vaccinated, they have a clearly established process to ensure compliance with the law. Those shelters that do not have pre-adoption sterilization and vaccination have to establish a procedure for following up on the individual adoptions to ensure compliance. These shelters usually employ some form of comract signed by the adopter. In our shelter, we require the adopter to present a pre-paid receipt for these services from a veterinarian before they can take the animal from the shelter. The adopter is responsible for bringing a signed documem from their veterinarian verifying that the required procedures have been done. Appendix A shows a breakdown of the adoption services offered by some area municipal shelters. Comparison to private rescue/adoption groups Two of the primary private organizations that provide animal care and adoption are the DeNon Humane Society and the Society for the Prevemion of Cruelty to Animals (SPCA). Both of these organizations employ a fairly stringem adoption screening process designed to match animals with appropriate families and home environments. The SPCA operates shelters and takes in animals from citizens and through contract from municipal and county animal service departments. The primary function of the SPCA shelter is to serve as an adoption agency, however they will euthanize animals that are not considered "adoptable". Costs for adoption of an animal from the SPCA are $185.00 for dogs less than 35 lbs, $90.00 for dogs more than 35 lbs, and $80.00 for cats and kittens. All adopted animals have been vaccinated and sterilized. The Humane Society of Denton does not operate a shelter, but places animals in foster homes until they are adopted. They do not euthanize animals, but they are limited in the number of animals they can accept based on the availability of foster homes. The costs for adoption of an animal through the DeNon Humane Society are $100.00 for dogs and 13 $85.00 for cats/kittens. All adopted animals have received vaccinations and been sterilized. Because of the unique setting where adoptable animals are placed in home settings, the foster families bond with them and can offer a deep in-sight imo the animal's personality and behavior. Figure 9 offers a comparison of our shelter with the DeNon Humane Society and the SPCA. City of Denton-Private Group Comparison Denton Humane Service/Program City of Denton Society SPCA of Texas Operate Shelter Yes No Yes Foster families No Yes No Euthanasia Yes No Yes Adoption Fees Cats/Kittens $10 $ 85 $ 80 Dogs <35lbs $10 $100 $185 Dogs >35lbs ;10 ;100 ;90 'Altered Animals 'No 'Yes 'Yes Pre-Adoption Testing No Yes Yes Vaccinations No Yes Yes Figure 9 Adoption Procedures From the shelter perspective, there is an established a shortage in staff. The current adoption process magnifies this shortage. This process is manpower intensive and it is not adopter-friendly. The citizen currently comes to the shelter, selects an animal to adopt, and then has to obtain a pre-paid receipt for sterilization and vaccination from their local veterinarian. Some veterinarians will do this by credit card over the telephone. In most cases, the citizen has to leave the shelter and go to the veterinarian's office. They return with the receipt and take the animal. They have seven (7) days under city ordinance to get the required vaccinations for the animal. They have fourteen (14) days to get the sterilization completed. The ability to offer animals that are sterilized, tested, and vaccinated would be a tremendous step for the program. In order to accomplish this, there needs to be some changes to the current adoption procedures. There are several available options, including a one-stop adoption program, some form of contractual veterinarian service, or the use of a pre-paid voucher system. A prior attempt to implement a one-stop adoption program here met stiff resistance from several of the local veterinarians. Claims that the city is taking business away from some veterinarian practices have been the predominant theme of the opposition. In looking at the issue, the shelter adopts out an average of fifty-eight (58) animals a momh. In the currem phone book, there are forty-nine (49) emries in the yellow pages for local veterinarians in the Denton area. Without breaking down the differences in price for service and individual preference for existing relationships, the average potemial for business from the adoption program is 1.18 animals per veterinarian. The potential loss of business is not substantial in this case. 14 The One-Stop program, or a form of contractual veterinarian service offers several benefits to the adoption program. The city contracts with one or more local veterinarians to perform the necessary testing, sterilization and vaccinations on those pets that are adopted. The cost of these services is then absorbed into the adoption fee paid by the adopter. There are a number of area shelters that utilize some form of contractual service. As an added benefit, some shelters expand this contractual service to include routine examination of animals entering the facility. As mentioned previously, there currently is a small budgetary amount for general veterinarian service, but this does not provide an adequate level of service to the animals housed at the shelter. A pre-paid voucher system would allow an adopter to purchase a voucher for vaccinations and sterilization from the shelter. The voucher would be redeemable at a local veterinarian office in much the same way as a coupon. The veterinarian would perform the services and then submit the voucher for the pre-paid amount to the city for reimbursement. The voucher would include the necessary information for staff to ensure compliance with state law. The implementation of a voucher system would serve to eliminate many of the procedural issues that consume staff time. While there would be a potential benefit in staff time, the voucher system has some serious questions. Particularly, the cost of the voucher must be set high enough to ensure that the adopter will have the necessary procedures performed. However, the cost must not be so high as to eclipse the standard price for a local veterinarian, as this would complicate the financial transactions. Because of the variations in local veterinarians' pricing schedules, determining this cost is problematic. A further concern is the fact that under the current system, where the adopter pre-pays the full cost to the veterinarian, there still are a considerable number of adopters who fail to have the procedures done on the adopted animals. Recommendations The success of the adoption efforts are based on the ability to offer an adoption package that is enticing to potential adopters. Current staffing levels and the amount of adoption- specific training staff has received is problematic for the program. While the addition of the adoption room will be very beneficial, the program will still be limited due to staffing issues. The addition of the dedicated kennel staff discussed above would provide a greater amount of service to both the animals and the adopters. Training and new screening procedures would ensure a better match of animal and home. The move to a one-stop adoption program or a form of contractual veterinarian service would put the operation in line with several of the more successful shelters in the area in terms of adoptions. If this were included with the construction of a new facility that is designed to enhance the adopter's ability to view and interact with the animals, the City of Denton would truly be at the leading edge of the modern shelter operations. Enhancing the current Animal Services website and submitting photos and information to other on- line adoption sites would also serve to improve the adoption program. 15 Recommendation Summary Staffing · Separation of kennel and field staff functions. · Addition of two (2) full time kennel staff. · Creation of"senior" kennel position for supervision of daily kennel operation. Facility · Construction of new Animal Services Shelter, or · Renovation and expansion of existing Animal Services Shelter. Training · Provide recognized training in shelter management and shelter operations. · Provide training in adoption screening and animal behavior. · Provide field officers with advanced training in animal handling and public education for pet ownership. Adoptions · Use of One-Stop Adoption or Contractual Veterinarian Service. Respectfully submitted, Charles Wiley Chief of Police Prepared by: Scott Fletcher Lieutenant Operations Bureau 16 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Receive a report, hold a discussion and give Staff direction regarding a Request for Proposals for Engineering Development Review Services BACKGROUND The purpose of this item is to review with the City Council a request for proposals for engineering development review services. This request for proposals (RFP) will result in a contract with a firm or firms that will provide engineering review of development proposals for the City of Denton. The City will contract with a consultant and pass the costs of the engineering services on to applicants for development permits (plats, site plans, pre-design, zoning, variances from subdivision regulations, construction plans and the like). The RFP sets forth requirements for consultant experience, tasks (including coordination and compliance activities), schedules, and rating criteria. A staff team including the City Manager, two assistant City Managers, and the Directors of Water and Planning and Development prepared the RFP as a critical activity to begin implementing Council directives to improve the development review process. A proposal review team including the staff team described above and several citizens (who consume development review services) will review the proposals, interview proposers, and negotiate a contract for the City Council to consider. The schedule anticipates that consultants will begin to work in early to mid-May. Staff anticipates that continuing support from city staff engineers and planners to train the consultants in city codes, processes and permitting software will continue into the fall. Under the guidance of the Planning and Development Director and the Development Review Administrator, a fresh engineering and customer service perspective will be implemented using consultants for engineering review. The Administrator will oversee the contract, direct the consultants, provide interface between the consultants and the city's Utilities and Engineering CIP Department as well as between the city and development permit applicants. The City Manager has established an "Engineering Cabinet" to provide a forum internal to the city for balancing the interests of infrastructure growth and development and economic development. The Development Review Administrator will be an ex-officio member of the Cabinet that will include the City Manager, two assistant City Managers, and the Directors of Utilities and CIP Engineering and Planning and Development. Staff anticipates that while schedules, per se, will not be shortened, the number of engineering review cycles will decrease over time and that will decrease the duration of the development review process. In addition, the new process for addressing large infrastructure (CIP) needs on new development proposals will give speedy and expert guidance to staff and consultant engineers working in the development review process. OPTIONS 1. Direct the staff'to proceed with the RFP. 2. Amend the RFP and direct the staff'to proceed 3. Table the RFP. ESTIMATED SCHEDULE OF PROJECT Distribution of RFP: Proposal Submittal Deadline: Firm Selection: Firm Contract Negotiation: Firm Contract Award: Firm Starts Work: February 24, 2005 March 17, 2005 by 2:00 p.m. March 18, 2005 to April 8, 2005 April 11, 2005 to April 15, 2005 May 3, 2005 May 4, 2005 FISCAL INFORMATION: The cost of this work is proposed to permits. ATTACHMENTS A. Request for Proposals be passed directly to the applicants for development Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development CITY OF DENTON, TEXAS RFSP # ENGINEERING DEVELOPMENT REVIEW SERVICES PROPOSAL DUE MARCH 17, 2005 BID OPENING DATE: 2:00 P.M. RFSP - ENGINEERING DEVELOPMENT REVIEW SERVICES I. INTRODUCTION The City (City of DeNon) is imerested in receiving proposals to contract with a qualified engineering consulting firm (Firm) to provide Developmem Review for the engineering factors associated with development proposals. This effort will include, but not be limited to, reviewing plats, site plans, infrastructure improvements related to development, construction plans and variance requests during the development permitting for compliance with the City Developmem Code and Code of Ordinances. The Firm will work directly for the Developmem Review Coordinator in the Planning and Development Department. The Development Code, the Criteria Manual, the universal application, checklists, schedules, 2004-05 caseloads and other information that the Firm will need to be familiar with in order to make its proposal and to perform the work are attached hereto. II. SCOPE OF WORK A. EFFORT REQUIRED 1. The Firm's efforts will include the following: a. Review the City's engineering developmem review process checklists and recommend changes to the Development Review Coordinator. Changes will be recommended based on Firm's developmem review experience, its developer experience and best engineering practices. b. Become familiar with the City's Developmem Code. c. Become familiar with all City Master Plans and Long-Range Plans that will affect developmem. This will initially require a review of existing plans (paper and electronic) and meetings with appropriate departmems coordinated by the City's Developmem Review Coordinator. d. Attend and present development cases at Planning and Zoning Commission meetings as required by the Development Review Coordinator. Since the City has an established case manager system, it is anticipated that the Firm will only be called upon in special cases to attend P and Z meetings. e. Attend Economic Development meetings, development pre-construction meetings, as required by the Development Review Coordinator. It is anticipated that the City's Inspections group, in the Utilities and CIP Engineering Departmem will usually be responsible for and attend pre- construction meetings. Page 2 of 10 RFSP - ENGINEERING DEVELOPMENT REVIEW SERVICES f. Use the City's permitting software (TraklT). Firm will emer its comments into the permit tracking system on the schedule provided by the City. Firm will make the project team(s) and manager available for training at the City on its permit tracking software. Firm is expected to communicate by telephone, email and other communication tools with the City on a daily or more frequem basis. g. Firm will make its project team(s) and manager available for training on the City's developmem review process, codes and customer service orientation. h. Firm will scan reviewed/marked up plans for uploading to the TraklT system and will make the original marked up plan set available to the Development Review Coordinator for return to the applicant. i. Attend/participate in weekly City Developmem Review Committee staff meetings to review projects. j. Firm will make available an engineer to work at the City offices for a consistem, cominuing period each week during which office hours are offered to applicants. k. Respond to phone calls from case manager, applicam and/or Development Review Coordinator within two hours. 2. CIVIL AND PLANNING REVIEWS a. Provide qualified reviewers for developmem preliminary and final plats, site plans, Special Use Permits (SUP), variances, and civil construction plans. b. Review developer submittals for compliance with the City Developmem Code and the Floodplain Ordinance (Chapter 30) of the DeNon Code of Ordinances. c. Be familiar with entire Development Code, Criteria Manual, Comprehensive Plan and all associated Master Plans of the City. d. Review developer submittals for compliance and coordination with storm water quality best management practices and other environmental requirements. e. Review developer submittals for compliance with or furtherance of projects idemified in the Water/Wastewater Master Plan, Mobility Plan, Drainage Master Plan, Parks Master Plans, Capital Improvement Plans, and all other long-range plans. Page 3 of 10 RFSP - ENGINEERING DEVELOPMENT REVIEW SERVICES Bo f. Uses field data and operational data supplied by the City through the Development Review Coordinator to supplement the Code, manuals, and master plans. g. Issues requiring coordination of development projects with long-range plans will be identified by the Development Review Coordinator. Firm may be involved in such coordination meetings as needed by the Development Review Coordinator. h. Prepare and submit comments to the City's permitting software system (TraklT) on the specified schedule for the oversight of the Development Review Coordinator. i. The engineer (Firm) is required to participate in meetings with applicants and in conversations to explain comments pursuant to the direction of the Development Review Coordinator. The Firm is required to notify the case manager of conversations with the applicant, so the case manager is informed and the record include references to the conversations. j. Provide clarification of City requirements during the development review process to the applicant through the case manager, unless contacted directly by the applicant. Firm will document all client contact in the permit tracking software. k. Firm will attend and participate in weekly Development Review Committee staff meetings. 1. Firm will attend and participate in meetings with applicant as required. m. Firm will attend and participate in Engineering Cabinet meetings as required by the Development Review Coordinator. n. Firm is a reviewer of plans prepared by professional engineers and is expected NOT to redesign projects. FIRM REQUIREMENTS The Firm must demonstrate compliance with the following requirements: Direct employees of the Firm's company must perform all services in this contract. Firm will not perform any work for private clients on projects that may be submitted for review and approval through the City's Development Page 4 of 10 RFSP - ENGINEERING DEVELOPMENT REVIEW SERVICES Permitting Process. This does not preclude the Firm from other private work not meeting this criterion. Firm must have in its employment a multi-disciplinary staff of a size sufficient to perform the services. These disciplines must include civil engineering, and environmental. The project manager must be a Professional Engineer, licensed in the State of Texas, with at least ten years of development design and development review in Texas. For each sub-discipline (water/wastewater, drainage, transportation, environmental, and general civil), at least one senior level P.E. will provide development review guidance and oversight to others (licensed P.E.'s and/or EIT's) who may work on this program. City desires continuity from the Firm's review team: Firm will provide at least one team that will stay together over time on this project. Lack of continuity or frequent changes in staffing for this program may result in termination of the contract. City reserves the right to veto the participation of Firm's engineer on a project due to customer service or engineering review issues. Firm will provide customer service to the City and to the applicants in accordance with the City's customer service mission. Provide comments and feedback in a timely manner in accordance with City's timelines. C. PROJECT IMPLEMENTATION SCHEDULE The City has developed the following proposed project implementation schedule: Distribution of RFP: Proposal Submittal Deadline: Firm Selection: Firm Contract Negotiation: Firm Contract Award: Firm Starts Work: February 24, 2005 March 17, 2005 by 2:00 p.m. March 18, 2005 to April 8, 2005 April 11, 2005 to April 15, 2005 May 3, 2005 May 4, 2005 iii. SELECTION PROCESS The responses should address each of the following areas in the same order in which they are set forth below. A. STATEMENT OF INTEREST Page 5 of 10 RFSP - ENGINEERING DEVELOPMENT REVIEW SERVICES Provide a statement of interest relative to this specific project, including a statement of availability to undertake this project, personnel proposed for the project team, firm's perspective on development review and providing services to assist the City in protecting the general health, safety and welfare of citizens and its perspective on providing excellent, timely and professional customer service as well as the time frame defined by the City. FIRMS ORGANIZATION 1. Name and Address of the Firm 2. General overview of the Firm o Firm Profile, including: a. Age b. Type of firm (limited partnership, corporation, etc.) c. Firm History d. Firm Size (including number in each required discipline) e. Areas of special concentration: particular attention should be paid to identifying work in development, local government plan review work, and the preparation of codes and design standards f. Telephone number and fax number Description of the Team: a. Identification of the proposed Project Manager b. Identification of key review personnel c. Organization Chart d. Resumes for each key individual on the team and definition of that individual's role in the project o How the firm will be organized in order to provide continuity of project review over time and on any individual development application 6. Awards REVELANT EXPERIENCE AND CAPABILITIES Relevant experiences and capabilities of the Firm's team members and team as a whole will be rated by the City by a review of both completed and on-going assignments, years of relevant experience, credentials ( P.E., versus, EIT); greater weight will be given to project experience within the past five (5) years containing the team members proposed: Relevant project experience information to include: a. Entity Name and Location. b. Project description with specific descriptions successes and failures related to project scope. of responsibilities, Page 6 of 10 RFSP - ENGINEERING DEVELOPMENT REVIEW SERVICES c. Nature of professional services delivered by Firm on each of these relevant projects, including identification of the responsibility and scope of the team member proposed for participation on the City project. d. List of municipal and private developer client references for relevant projects with contact names and telephone numbers Project Understanding: a. Briefly describe your understanding of the project scope, important issues, and City requirements. Project Approach: a. State briefly the firm's opinion about the most important considerations and challenges that must be addressed in this project, and how the firm intends to handle them. Specifically address ease and efficiency of the permitting process, coordination with the Development Review Coordinator, availability of the remainder of the City's review team, and anticipated review and permitting times. Team Organization: a. Discuss the firm's proposed team organization and communication methods. Be specific with regard to internal and external communications, quality control, electronic capabilities, and individual responsibilities IV. SELECTION PROCEDURES / DESCRIPTION OF PROCESS All submissions of proposals must be received by 2:00 p.m. (local time) on March 17, 2005 to be considered. A. SUBMITTAL OF PROPOSALS 1. One original copy signed by an officer authorized to bind the company, and nine copies of your completed proposal must be submitted in a sealed envelope by 2:00 p.m. on March 17, 2005. Proposals may be mailed or hand delivered. However, if sent by mail, the proposer is responsible for the timely delivery of the proposal. 2. Proposals shall be no more than thirty 8-1/2" x 11" pages, not including cover sheet. An additional 1-page cover letter is also allowed. 3. Each sealed proposal shall be properly addressed with the name of the Firm's firm and the item description "RFP # Engineering Development Review Services" written on the outside of the package and delivered to: Page 7 of 10 RFSP - ENGINEERING DEVELOPMENT REVIEW SERVICES City of DeNon Materials Management / Purchasing 901-B Texas Street Denton, TX. 76201 Attn: Tom Shaw 4. Proposals received after 2:00 p.m. on March 17, 2005 will not be considered, and any proposal received after the schedule closing time will be returned to the proposer unopened. 5. Questions concerning technical issues related to this proposal should be directed Kelly CarpeNer at 940-349-8504. 6. Questions concerning procuremeN issues related to this proposal shall be directed to Tom Shaw at 940-349-7133. PROPOSAL WITHDRAWAL No proposal may be withdrawn after having been formally opened by the City. LEGAL DISPUTES Proposer agrees and stipulates that in the even any litigation should occur concerning or arising out of any proposals submitted in response to a Request for Proposal, the sole venue of any such legal action shall be in DeNon County Texas. CITY AND LICENSES The Proposing Firm must be registered by the State of Texas to provide engineering in the State and have a Texas registered professional engineer on staff. Any and all fees and taxes are the responsibility of the offerer. REJECTION OF PROPOSALS The City reserves the right to: 1. Reject any and all proposals, and 2. Issue subsequeN Requests for Proposals PROPOSER RESPONSIBILITY - PROPOSAL COSTS Proposer understands and agrees that this Request for Proposals does not obligate the City to pay any costs incurred by the proposer in the preparation and submission of a proposal, or oral iNerview. Page 8 of 10 RFSP - ENGINEERING DEVELOPMENT REVIEW SERVICES G. PROPOSALS - PUBLIC INFORMATION After evaluation and award by the City, the unsuccessful proposer may request a debriefing regarding their proposal. Please contact Tom Shaw at the above telephone number. H. PROPOSAL FORMAT Telecopy (facsimile) proposals will not be accepted by the City. I. EQUAL OPPORTUNITY / AFFIRMATIVE ACTION All Equal Employment Opportunity laws apply to this project. J. STANDARD REQUIREMENTS Any resulting contract will be subject to the standard requirements, terms and conditions of the City covering such contracts. An Official and signed copy of the contract requirements (Agreement) will be furnished to the firm awarded this contract. Attached is the City's Standard Agreement. Any objection or modifications to the Agreement, other than the information needed to consummate it, need to be addressed in the proposal. The City reserves the right to consider these objections or modifications. K. CANCELLATION The City reserves the right to cancel the contract if the services provided are not meeting the City's needs. Notification will be provided in writing. Payment will only be provided on those services that are performed prior to possible cancellation of the contract. V. EVALUATION AND SELECTION PROCESS A. PROPOSAL REVIEW A Selection Team will review the proposals. This Selection Team will include members of the staff of the City and others familiar with this proposed project. Selection for the professional services in this Request will be made on the basis of demonstrated competence and qualifications to perform the services required. The firms most highly qualified and responsive to the City's need may be invited for an oral interview, if necessary. Once this selection has been made, the City will attempt to negotiate a contract with the selected firm at a fair and reasonable price. Evaluation of proposals will be based on the following: Page 9 of 10 RFSP - ENGINEERING DEVELOPMENT REVIEW SERVICES 1. Identification and understanding of the City's requirements and needs for this project; this includes an understanding of the codes, processes, and caseload: FACTOR 25% 2. Firm's past performance and experience on projects of this magnitude and complexity: FACTOR 25% 3. Firm's experience with specific issues related to this project: FACTOR 25% 4. Experience and qualifications of key personnel available for this project: FACTOR 25% B. FURTHER INFORMATION The City has the option to request that a firm provide further information in order to complete the evaluation. C. CONTRACTING The selected firm will be offered a contract for three years for performing these services (with the possibility up to three one-year contract extensions), although the City reserves the right to select other firms for future contracts to perform these services. D. NOTIFICATION All proposers will be notified of the firm selected to perform the requested work, upon final determination by the City. Page 10 of 10 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: February 22, 2005 Economic Development Mike Conduff, City Manager SUBJECT Receive a report and hold a discussion regarding the North Cemral Texas Workforce Developmem Board and its services available to the City of DeNon. BACKGROUND Ms. Kelly Barraza, Senior Business Development Liaison for the North Central Texas Workforce Developmem Board, has requested an opportunity to visit with the City Council. Ms. Barraza's goal is to meet with community leaders in her region to provide them with information regarding her commitmem to the area and services provided by the Workforce Board. Respectfully submitted: Linda Ratliff, Director Economic Development Department CITY OF DENTON CITY COUNCIL MINUTES January 11, 2005 After determining that a quorum was present, the City Council convened in a 2nd Tuesday Session on Tuesday, January 11, 2005 at 4:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Brock; Council Members Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Mayor Pro Tem McNeill; Council Member Redmon 1. The Council received a briefing, held a discussion and gave staff direction on the 1999- 2020 Demon Plan, its implememation and its use as a framework for policy discussion and decision-making. Kelly Carpenter, Director of Planning and Development, stated that the purpose of the session was to review the Demon Plan and how the plan could be used as a framework for policy discussion and decision-making. Provisions of the Plan included: it was adopted by ordinance; was prepared for Demon's long term community future; was a framework for the growth and balance of Denton; was a vehicle that defined the community's vision; was the strategy that dealt to future specific actions; and was the basis to create regulating tools and funding. The Plan was not a regulation, zoning ordinance, or subdivision code which was enforceable by law; the funding mechanism for projects such as roads and parks, CIP projects, design guidelines performance standards and standards for utilities. General goals of the Plan were to maintain diversity; maintain and strengthen the uniqueness and quality of Denton; represent the best of the community's aspirations; create environmental stewardship within Denton; manage growth and enhanced quality of life; improve infrastructures; nourish partnerships with neighborhoods and universities; protect neighborhoods; protect Denton's natural resources; and create economic growth and partnerships. The Plan contained population forecasts, growth management assumptions, a land use plan and potential growth areas. Carpenter reviewed the Denton Mobility Plan. That plan was a broad-brush planning tool showing generally the location and size of the proposed transportation infrastructure needed to move traffic effectively given the specified assumptions. The currem status of the Plan was a local, citywide scope. Issues curremly under review by City Council included infill regulations, Dowmown regulations, housing value questions, capacity analysis on zoning cases, application of "new urbanist" type principles to the emire city instead of specific smaller areas, parking in from of buildings, application of overlay zoning, single family/multiple family mix, encouragement/requiremems for mixed use developmem, commercial corridors and neighborhood cemers, annexation policies, tie to mobility plan and plans to use it as guidance to CIP and other master plans. Council discussion included: Was there any divergence where the Plan was not working as well as it was originally thought it would - there was a need to look at the application of some of the zoning categories and not apply to the entire city, look better at small area plans. Weaknesses to the plan as seen by staff- large areas of new development to be supported by the plan and coordinate utilities. · Coordination of all master plans throughout the city was needed. City of DeNon City Council Minutes January 11, 2005 Page 2 An annexation policy needed to be coordinated with the City's Certificate of convenience and necessity. Urban design standards - differem standards for differem parts of the city were needed. Council directed staff to begin looking at that concept. "Elastic" standards were needed for infill developmems. There was a need to keep on top of the mobility plan - the mobility plan was good for the big planning picture but did not have enough specific detail - also look at potemial developmem of neighboring property for connectivity. Consider such options at the Council Mobility Committee. Transit opportunities - keep ahead of the works. Street construction - ditch line construction standards. Council Member Redmon arrived at the meeting. Investigate the potential requirement of a 2-year security bond. Council Member Montgomery left the meeting. The Code and the Plan addressed saving the floodplain and there was a need to look at that when considering "new urbanist" principles to developments. Sidewalks and walk ability, bicycles need to be emphasized. Concepts to relate to community - minimize urban sprawl - communicate to community so that backdrop is already set for developers. Reshape terms based on what trying to accomplish. Challenge to look around at other areas and think about how might change past mistakes, keep a better vision. - potemial for areas outside of city for future use. Look at floodplain regulations - not work against self and encourage developers to privatize some of those areas. Suggestions for Agenda Committee on future agenda items and/or placement of items for upcoming agendas. City Manager Conduff stated that the police staffing report and police vehicles reports would not be ready for the January 25~h meeting. Those would be included in the Council's February 8~h meeting. City of Demon City Council Minutes January 11, 2005 Page 3 With no further business, the meeting was adjourned at 5:45 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 18, 2005 After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, January 18, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, Redmon and Thomson. ABSENT: Mayor Brock 1. The Council received a report, held a discussion, and gave staff direction regarding the City of DeMon's diversity efforts. Carla Romine, Director of Human Resources, presemed information on diversity efforts in the City of DeNon. She detailed the history of the City's diversity efforts, recruitmem efforts, retention efforts, statistics on workforce analysis, and a comparison to other municipalities in Denton County. Kenneth Davis, Chair of Diversity Task Force, stated that a primary goal was to change the perception in the community regarding the lack of upward mobility within the community. Council discussed diversity in the Fire Departmem with African-American candidates and ways to encourage applicants, look at testing procedures; bridge the gap between the community and the Fire Department; preliminary testing procedures for minorities; differences between hiring certified firefighters versus new recruits who had to go through an academy; and ways to educate the community regarding the Fire Department. 2. The Council received a report, held a discussion, and gave staff direction regarding the annual independem financial audit. Terry Kyle, Deloitte and Touche, presemed the information regarding the financial audit. The audit was conducted in accordance with accepted auditing standards. The basic financial statements of the City presented fairly, in all material respects, the financial position of the financial activities. The City received an unqualified report that meant that there were no discrepancies in the audit. 3. The Council received a report, held a discussion, and gave staff direction regarding 2006 Congressional project requests. Betty Williams, Director of Managemem and Public Information, presemed the proposed congressional project requests. Council discussion included: · The designation change of Mayhill Road was moving forward. · Move the Airport projects and west Loop 288 to the top of the list. · As there were differem funding categories, differem projects could be priorities in separate categories. City of DeNon City Council Minutes January 18, 2005 Page 2 Consensus of the Council was to submit the preliminary projects on the list, then meet and prioritize the requests. Mayhill Road would be removed from the list, as it would not be ready for consideration. 4. The Council received a report, held a discussion, and gave staff direction regarding a proposed reorganization of the Legal Department. City Manager Conduff stated that the Council subcommittee had requested that this item be placed on an agenda for review. Mayor Pro Tem McNeill stated that one goal for the City Attorney from the Committee was to look at the organization of the Legal Department. The City Attorney had presented a suggested reorganization plan and the Committee had provided input on those recommendations. Council discussion included that with the additional use of technology in the department and an increase in the duties of an additional legal assistaN; downsizing might be possible in future years. Consensus of the Council was to schedule a Closed Session with the entire Council to discuss the issue. 5. The Council received a report, held a discussion and gave staff direction concerning the airport terminal building project to include GRW Willis' initial recommendation to replace the existing terminal building. The Airport Advisory Board unanimously recommended the advice as outlined by the GRW Willis report (7-0). Rick Woolfolk, Chair-Airport Advisory Board, preseNed information on the recommendation of GRW Willis as the architect for the new building. The current terminal building was in great need of repair and it was not really prudent to maintain it. There were three choices on how to deal with the terminal - spent money on the current building, offer the structure to a group who would wan to move it, or plan a new facility with demolition of the old building. Council discussed the location of the new terminal relative to the tower; the need to tie in the flavor of the old building with the new building and whether there was any historical significance of the curreN building. Consensus of Council was to proceed with the recommendation of the Airport Board. 6. The Council received a briefing, held a discussion and gave staff direction regarding zoning amendments to the Denton Development Code affecting multifamily development. (SI04-0036, SUP for Multifamily) Kelly Carpenter, Director of Planning and Development Services, reviewed prior meeting discussions Council had had regarding this item. Council had directed staff to prepare regulations related to the multi-family development as part of a mixed-use development, specifically related to the existing L (4) limitation. The Planning and Zoning Commission discussed the amendments but was unable to reach consensus on the issues and requested guidance on these ideas from Council. City of DeNon City Council Minutes January 18, 2005 Page 3 Consensus of the Council was to have the Planning and Zoning Commission continue with its deliberations. Council suggested that the Downtown area be removed from the regulations and to also apply the regulations to the regional areas. Denton's market appeared to not be ready for mixed-use developments at this time. The goal should be to continue with making the development process as easy as possible. It was also suggested that the Planning and Zoning Commission make a recommendation on how to implement these amendments. 7. Staff responded to requests for clarification of Consent Agenda items listed on the Consem Agenda for today's City Council regular meeting. Following the completion of the Work Session, Council convened in a Closed Session to discuss the following: 1. Closed Meeting: mo Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Received a briefing from the City's attorneys on the status and a proposed settlement of potential litigation against S.J. Louis Co. where to discuss such matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Regular Meeting of the City of Demon City Council on Tuesday, January 18, 2005 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Pro Tem McNeill presemed a proclamation for DeNon Family Unity Week. Charles Fox, Govemmem Finance Officers Association, presemed the Comprehensive Annual Financial Report - Certificate of Excellence-Award to the City of Demon. B. Yard of the Momh Awards Mayor Pro Tem McNeill presented Yard of the Momh Awards to: Britt and Melony Watson Christopher and Mary Heiden Johnny Carino's Restaurant City of DeNon City Council Minutes January 18, 2005 Page 4 Michael and Maggie Dickens Susan Medler C. Recognition of staff accomplishments City Manager Conduffpresemed staff accomplishmems to Council. 3. CONSENT AGENDA Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. mo R2005-001 - A resolution by the City Council of the City of DeNon relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds and; making certain findings in connection therewith; providing an open meetings clause; and providing an effective date. Bo 2005-015 - An ordinance of the City of DeNon, Texas, amending Section 22-38 of Chapter 22 (Parks and Recreation) of the Code of Ordinances of the City of DeNon, Texas, relating to facility and program fees by adopting a schedule of fees; repealing all fees in conflict with such schedule; repealing Ordinance No. 2004-262 and all ordinances in conflict with the new schedule of fees; and providing an effective date. The Parks and Recreation Board recommended approval (6-0). Co 2005-016 - An ordinance authorizing the financing for five refuse trucks, a motor grader, a skid steer loader, and five 3/4 ton 4 x 4 diesel pickup trucks for the Solid Waste Department, and a wheel loader and screener for Beneficial Reuse through a lease purchase financing agreemem; providing for the expenditure of funds therefor; and providing an effective date (File 3279 - Lease Purchase of Refuse Trucks and Equipmem, approximate finance charges of $123,364.40). The Public Utilities Board recommended approval (7-0). Do 2005-017 - An ordinance accepting competitive bids and awarding an annual comract for the purchase of lab service for drinking water testing for the City of Denton Water Production Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3273 - Annual Comract for Lab Service for Drinking Water Testing awarded to MWH Laboratories in the estimated amoum of $27,500). The Public Utilities Board recommended approval (7-0). mo 2005-018 - An ordinance approving an amendmem to the Golf Driving Range lease contract between the City of Denton and The Fundamentals Program, Inc. dba ONCourse USA to provide for the installation, maintenance, and operation of a batting range at North Lakes Park in the City of Denton; and providing an effective date. The Parks and Recreation Board recommends approval (5-0). City of DeNon City Council Minutes January 18, 2005 Page 5 Fo 2005-019 - An ordinance of the City of DeNon, Texas authorizing the City Manager to execute an agreement for Professional Legal Services with the firm of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C. for legal services pertaining to represemation of the City before the Public Utility Commission of Texas, in connection with its transmission cost of service case; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. The Public Utilities Board recommends approval (7-0). Go 2005-020 - An ordinance approving a commercial operator airport lease agreemem between the City of DeNon, Texas and GCBSXX LLC, and providing an effective date. The Airport Advisory Board recommends approval (5-0). Ho 2005-021 - An ordinance abandoning and vacating an eight foot wide utility easement affecting Block 34R, Lots 1 & 2, and Block 29, Lots 4, 5, 22 & 23 of the Preserve at Pecan Creek, Section A3, an addition to the City of Denton, Texas, according to the plat thereof, recorded in Cabinet V, Slide 279 of the plat records of Denton County, Texas and providing for an effective date. 2005-022 - An ordinance of the City of DeNon, Texas authorizing the City Manager to execute an agreement for Professional Legal Services with the Law Offices of Jim Boyle, PLLC. for Professional Legal and Lobbying Services related to the 79th Texas Legislative session pertaining to the City of Denton, Texas/Denton Municipal Electric; authorizing the expenditure of funds therefor; providing for retroactive effect and approval of the agreement; and providing an effective date. The Public Utilities Board recommends approval (7-0). Jo 2005-023 - An ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager to execute a Water Main Pro-Rata Reimbursement Agreemem between the City of DeNon and Nub Neighbors for reimbursemem of the costs of building a water main, through pro-rata charges paid to the city for the benefit of the City of DeNon and Nub Neighbors as specified in the Pro-Rata Reimbursement Agreement; authorizing the transfer of funds pursuant to the agreemem; and providing an effective date. The Public Utilities Board recommends approval (6-0). 4. PUBLIC HEARINGS mo The Council held a public hearing and considered adoption of an ordinance regarding a Detailed Plan for Planned Developmem 132 (PD-132) for approximately 24.8 acres. The property was generally located on the south side of Pockrus Page Road, on the east side of Lakeview Boulevard. 116 Residemial lots were proposed. The Planning and Zoning Commission recommended approval (6-0). (Z04-0024, The Villages of Carmel/Preserve at Pecan Creek Sec. The Mayor Pro Tem opened the public hearing. City of DeNon City Council Minutes January 18, 2005 Page 6 Kelly CarpeNer, Director of Planning and DevelopmeN Services, preseNed the details of the proposal. The following individuals spoke during the public hearing: Wallace Creel, 15950 N. Dallas Parkway, Suite 75, Dallas, 75248 - favor Maureen Jamail, 4208 Boxwood Drive, DeNon, 76208 - favor CommeN cards were received from: Janice Randel, 4508 Trumpet Vine, DeNon, 76208 - favor Betty Cox, 4508 Baytree, DeNon, 76208 - favor The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2005-024 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR 24.8 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132 (PD-132) ZON1NG DISTRICT; THE SUBJECT PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF POCKRUS PAGE ROAD, ON THE EAST SIDE OF LAKEVIEW BOULEVARD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0024) Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of ordinances for property located on the south side of Hickory Street, on the west side of Ruddell Street and known as Renaissance Court. Kelly CarpeNer, Director of Planning and DevelopmeN Services, stated that this public hearing would be on 3 differeN items. The first public hearing was for a zoning change at the site of the former Phoenix ApartmeNs that would meet the mandatory density as required by the terms of the tax-credit finance for the affordable housing developmeN. The proposal included an overlay to permit only multi-family uses, to permit only 150 resideNial units and reduce the side yard setback from 20 feet to 15 feet plus one foot for every foot over 20 feet of building height. The Alternative DevelopmeN Plan would vary from the site design standards concerning street tree location, parking lot landscaping and buffer requiremeNs. The applicaN was proposing to plan street trees on both sides of the northern end of Ruddell Street to mitigate the parking lot and street tree requiremeNs. An eight foot high buffer fence with masonry columns and trim along the property line adjaceN to the existing single-family lots would be built instead of the required six foot high fence with trees planed at 30 foot iNervals. An existing utility easemeN preveNed the applicaN from planing the required trees. City of Demon City Council Minutes January 18, 2005 Page 7 The Mayor Pro Tem opened the public hearing. Vicki Oppenheimer, representing the applicant, spoke in favor of the request. The Mayor Pro Tem closed the public hearing. The following ordinances were considered: NO. 2005-025 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE NEIGHBORHOOD REGIONAL MIXED USE 12 (NRMU-12) ZONING DISTRICT TO A NEIGHBORHOOD REGIONAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY TO PERMIT ONLY MULTI-FAMILY USES, NO MORE THAN 150 RESIDENTIAL UNITS, AND REDUCE THE SIDE YARD SETBACK FROM 20 FEET TO 15 FEET PLUS ONE FOOT FOR EVERY FOOT OVER 20 FEET OF BUILDING HEIGHT FOR APPROXIMATELY 12.5 ACRES OF LAND LOCATED OAT THE SOUTHWEST CORNER OF HICKORY STREET AND RUDDELL STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.. (Z04-0045, RENAISSANCE COURT REZONING) Kamp motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. NO. 2005-026 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A MULTI-FAMILY DEVELOPMENT AND USE ON APPROXIMATELY 12.5 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF HICKORY STREET AND RUDDELL STREET, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. ((Z04-0046, RENAISSANCE COURT SUP) Thomson motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. NO. 2005-027 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 12.5 ACRES OF City of Demon City Council Minutes January 18, 2005 Page 8 LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF HICKORY STREET AND RUDDELL STREET, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF APPROVING ALTERNATIVES TO CERTAIN SITE DESIGN STANDARDS INCLUDING LOCATING STREET TREES BETWEEN THE SIDEWALK AND THE BUILDINGS, PROVIDING AN EIGHT (8) FOOT TALL FENCE WITH ENHANCED DETAILS (BRICK COLUMNS & TRIM) BETWEEN MULTI-FAMILY DEVELOPMENT AND THE ADJACENT SINGLE- FAMILY RESIDENTIAL LOTS, PROVIDING ADDITIONAL TREE CANOPY COVERAGE WITHIN THE PARKING LOTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP04-O006, Renaissance Court ADP) Montgomery motioned, Redmon seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council cominued a public hearing and considered adoption of an ordinance of the City of Denton, Texas, finding that the current rates of CoServ Gas Ltd. are unreasonable; approving CoServ Gas Ltd.'s revised and uncontested tariffs; approving a rate phase-in; authorizing cominuation of deferral of carrying charges on plato held for future use; recognizing CoServ's right to surcharge for facility relocation required by the City; setting the effective date of new tariffs as February 1, 2005; finding the Cities' rate case expenses reasonable; severing the determination of the reasonableness of CoServ Gas Ltd.'s rate case expense from approval of the revised tariffs; retaining jurisdiction over the determination of the reasonableness of CoServ Gas Ltd.'s rate case expense issue until March 1, 2005; adopting a base rate case moratorium; finding that any relief requested by CoServ Gas Ltd. not specifically granted herein is denied; adopting a most favored nations provision; finding that the meeting at which this Ordinance is passed is open to the public as required by law; and providing for notice of this Ordinance to CoServ Gas Ltd; and providing an effective date. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2005-028 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, FINDING THAT THE CURRENT RATES OF COSERV GAS LTD. ARE UNREASONABLE; APPROVING COSERV GAS LTD.'S REVISED AND UNCONTESTED TARIFFS; APPROVING A RATE PHASE-IN; AUTHORIZING CONTINUATION OF DEFERRAL OF CARRYING CHARGES ON PLANT HELD FOR FUTURE USE; RECOGNIZING COSERV'S RIGHT TO SURCHARGE FOR FACILITY RELOCATION REQUIRED BY THE CITY; SETTING THE EFFECTIVE DATE OF NEW TARIFFS AS City of DeNon City Council Minutes January 18, 2005 Page 9 FEBRUARY 1, 2005; FIND1NG THE CITIES' RATE CASE EXPENSES REASONABLE; SEVERING THE DETERMINATION OF THE REASONABLENESS OF COSERV GAS LTD.'S RATE CASE EXPENSE FROM APPROVAL OF THE REVISED TARIFFS; RETAINING JURISDICTION OVER THE DETERMINATION OF THE REASONABLENESS OF COSERV GAS LTD.'S RATE CASE EXPENSE ISSUE UNTIL MARCH 1, 2005; ADOPT1NG A BASE RATE CASE MORATORIUM; FINDING THAT ANY RELIEF REQUESTED BY COSERV GAS LTD. NOT SPECIFICALLY GRANTED HEREIN IS DENIED; ADOPTING A MOST FAVORED NATIONS PROVISION; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO COSERV GAS LTD; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of sidewalks for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3272 - Prairie, Crawford, Paisley Sidewalks awarded to Floyd Smith Concrete, Inc. in the amoum of $162,145.18). The following ordinance was considered: NO. 2005-029 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SIDEWALKS FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3272 - PRAIRIE, CRAWFORD, PAISLEY SIDEWALKS AWARDED TO FLOYD SMITH CONCRETE, INC. IN THE AMOUNT OF $162,145.18). Redmon motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance accepting sealed proposals and awarding a comract for Long Term and Short Term Disability Program for the City of DeNon; providing for the expenditure of funds therefor and providing an effective date (RFSP 3264 - Long Term and Short Term Disability Program awarded to UNUM Provident in the estimated annual amoum of $199,100). The following ordinance was considered: City of DeNon City Council Minutes January 18, 2005 Page 10 NO. 2005-030 AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR LONG TERM AND SHORT TERM DISABILITY PROGRAM FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFSP 3264 - LONG TERM AND SHORT TERM DISABILITY PROGRAM AWARDED TO UNUM PROVIDENT iN THE ESTIMATED ANNUAL AMOUNT OF $199,100). Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance accepting competitive bids and awarding a comract for the purchase of fleet vehicles; providing for the expenditure of funds therefor; and providing an effective date (Bid 3251 - Fleet Vehicles 2005 awarded to the lowest responsible bidder for each item in the amoum of $496,428). The Public Utilities Board recommended approval of the Utility and Solid Waste vehicles (7-0). The following ordinance was considered: NO. 2005-031 AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR LONG TERM AND SHORT TERM DISABILITY PROGRAM FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFSP 3264 - LONG TERM AND SHORT TERM DISABILITY PROGRAM AWARDED TO UNUM PROVIDENT iN THE ESTIMATED ANNUAL AMOUNT OF $199,100). Kamp motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye" unanimously. D. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of fleet heavy equipment; providing for the expenditure of funds therefor; and providing an effective date (Bid 3253 - Fleet Heavy Equipmem 2005 awarded to the lowest responsible bidder for each item in the amoum of $780,133.57). The Public Utilities Board recommended approval of the Utility and Solid Waste vehicles (7-0). The following ordinance was considered: NO. 2005-032 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FLEET HEAVY EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROViDiNG AN EFFECTIVE DATE (BID 3253 - FLEET HEAVY EQUIPMENT 2005 AWARDED TO City of Demon City Council Minutes January 18, 2005 Page 11 THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE AMOUNT OF $780,133.57). THE PUBLIC UTILITIES BOARD RECOMMENDED APPROVAL OF THE UTILITY AND SOLID WASTE VEHICLES (7-0). Thomson motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. Mayor Pro Tem McNeill stated that Item F would be considered prior to Item E. F. The Council considered approval of a resolution of the City of Demon, Texas continuing to urge the Texas Legislature not to adopt any school finance reform or tax system changes that would negatively affect city revenues and economic development efforts; and providing an effective date. Dottie Palumbo, Assistant City Attorney, presented information on the resolution that was based on a resolution Council passed in March of last year The following resolution was considered: NO. R2005-003 A RESOLUTION OF THE CITY OF DENTON, TEXAS CONTINUING TO URGE THE TEXAS LEGISLATURE NOT TO ADOPT ANY SCHOOL FINANCE REFORM OR TAX SYSTEM CHANGES THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. Item E was considered. E. The Council considered approval of a resolution of the City of Demon, Texas adopting the City of Denton's 2005 State Legislative Program for the 79th Texas Legislature; providing a repealer; and providing an effective date. Dottie Palumbo, Assistam City Attorney, stated that two additional issues had been added to the program from last program. The following resolution was considered: NO. R2005-002 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2005 STATE LEGISLATIVE PROGRAM FOR THE 79TH TEXAS LEGISLATURE; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. City of Demon City Council Minutes January 18, 2005 Page 12 Montgomery motioned, Thomason seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. F. The Council considered nominations/appoimmems to the City's Boards and Commissions. No nominations were made at this meeting. G. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received a citizen report from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth expressed concerns about the changes in the Council's rules of procedure for citizen reports. H. New Business Council suggested the following Items of New Business: 1. Council Member Redmon requested staff look into installing strobe lights in the traffic lights at dangerous non-state intersections. Mayor Pro Tem McNeill requested that the Council cell phone usage policy be revisited. I. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. J. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. K. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. City of Demon City Council Minutes January 18, 2005 Page 13 With no further business, the meeting was adjourned at 8:04 p.m. PERRY MCNEILL MAYOR PRO TEM CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 24, 2005 After determining that a quorum was present, the City Council convened in a Special Called Closed Session on Monday, January 24, 2005 at 11:30 a.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, Redmon and Thomson. ABSENT: None Council considered the following in Closed Meeting: 1. Closed Meeting: mo Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Received a briefing from the City's attorneys on potential liability issues concerning the Denton day labor site, where to discuss these legal issues in public would conflict with the duties of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. With no further business, the meeting was adjourned. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 25, 2005 After determining that a quorum was presem, the City Council convened in a Special Called Work Session of the City of DeNon City Council on Tuesday, January 25, 2005 at 4:00 p.m. in the City Council Work Session Room. PRESENT: Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, and Mulroy. ABSENT: Mayor Brock; Council Member Redmon and Thomson 1. The Council received a report, held a discussion, and gave staff direction regarding the drainage department transfers to General Fund. Howard Martin, Assistam City Manager, reviewed the backup materials included in the agenda. Council discussed the various aspects of the drainage department transfer to the General Fund. Council Member Redmon arrived at the meeting. Council discussion included: Bond charges from 1999 umil the implememation of the drainage fee should be charged to the General Fund as that was how it was represented in the bond issue. Whether the Engineering transfer would continue even with the change in the department. Mayor Brock arrived at the meeting. When did the cost for stormwater requirements become effective? What was the estimated cost of drainage projects needed but not funded - at one time was $50 million. How had the exemption of state agencies from paying drainage fees affected budgets? New street projects should have some drainage improvement components that could be used as credits to offset some of the General Obligation bond expenses. Possibly waiving the franchise fee and ROI for drainage - was this a utility and did the Charter allow this? Explore how credit for street projects and General Obligation bond charges compared. Discussion on when and how it was determined that runways at the Airport would be treated as streets and not charged as a transportation corridor. Revisit the policy of not charging runways a drainage fee. Look at the analogy between streets and runways - service is provided for economic development similar to streets. Look at the capital monies and perform an analysis on general government credit, the money available from the bond election if approved and how the offsets line up. If the ROI franchise fee were waived, how would it be covered in General Government? City of DeNon City Council Minutes January 25, 2005 Page 2 If ROI and franchise fees were waived and the changes associated with the Engineering Departmem were considered, develop a 20-year schedule of how to accomplish drainage capital projects that would curremly have to be put on hold at budget time. 2. The Council received a report, held a discussion, and gave staff direction regarding impact fee administration as it related to residemial and nonresidemial infill projects. Howard Martin, Assistam City Manager, reviewed an outline of impact fees and prior decisions regarding the implementation of the impact fees. Council discussion: The structure of the policy currently protected the city legally in the implementation of the programs. What was the philosophy of impact fees in other cities as compared to Denton's philosophy? Was affordable housing the only desirable use for infill? Infill policies would be importam to increase/enhance the vitality of the inner city. A better definition of infill developmem was needed-currem definition did not address size of lot, size of structure- nowhere to locate-make the definition accurate and applicable to what trying to do. Consensus of the Council was to pursue Option 2 and to re-examine the entire policy at some point in the near future so as to address it in the next budget year - had the time passed for such a program. Bring a proposed ordinance forward soon with two or three alternatives. 3. The Council received a report, held a discussion, and gave staff direction regarding the City of DeMon's employee health benefits program. Scott Payne, Risk Manager, presemed details on the City's health program and reviewed a summary of the City's health plan design. Approximately 95% of the employees were enrolled in the City's health care plan. Council discussion: Retiree options and health care costs. Budget decisions in August were based on figures that were different than presented at this meeting - information in the supplemental budget did not provide adequate information to make a decision. Develop a chart comparing the health insurance costs as a percentage of the total budget over period of the last 4-5 years. What was the policy for picking up a percentage of dependent care costs? Consider a cap on the dependem side going forward. Discussion on why there was no deductible level for the plan and a response that it was an option being looked at for the next term. Discussion on how the policy was determined that the City paid for the employee only insurance. City of Demon City Council Minutes January 25, 2005 Page 3 A suggestion to align the insurance year with the budget year instead of staggered terms and put actual figures in the budget. Consensus of the Council was that well in advance of the budget, staff would bring back a range of alternatives both traditional and out-of-the-box ideas with more employee responsibility included. A 90-day update to the Council with choices was recommended. 4. The Council received a report, held a discussion, and gave staff direction regarding the City of Demon's workers' compensation program. Scott Payne, Risk Manager, reviewed the City's workers' compensation program. He stated that the City was required to provide worker's compensation. For Civil Service employees, the City had to pay full salary for up to one year if injured in the line of duty. Non-Civil Service employees were provided 120 days of coverage at full salary. Council discussion included: Why was the City paying 100% for non-civil service employee workers' compensation when the norm for the private section was at 70%? Were the benefits taxable or non-taxable and was the difference paid based on the net or gross amount? Develop a matrix of these benefits showing the market competition and was this a competitive benefit. The consensus of the Council was that the underlying concern was whether providing 100% coverage for non-civil service employees was out of sync with the private sector, what was the competition doing and whether or not the benefits were taxable. 5. The Council held a discussion and gave staff direction regarding the 2004-2005 budget. Discussion poims by Council included: Provide information on how the shortfall was handled regarding employee pay increases. Total benefits for employees appeared to be approximately 45% that was higher than the private sector. Develop a matrix of the City's full time employees with salary totals including positions, salaries, and benefits for the past ten years. Provide an update on the gas well revenues including actual revenue and where it was being allocated. What was the current and projected operation and maintenance costs for the bond program? Provide an update on the six police officers on long-term disability. Provide a cost for the school resource officers. Do not defer insurance payments to the following year as was done this past year. Discussion on the 9% budgeted for sales tax. Two upcoming scheduled topics of discussion included the police vehicle study and the 2006 preview of the budget. City of Demon City Council Minutes January 25, 2005 Page 4 6. Suggestions for Agenda Committee on future agenda items and/or placement of items for upcoming agendas. Council Member Montgomery requested an update on Animal Services. That discussion was scheduled for February 22nd. With no further business, the meeting was adjourned at 7:00 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 22, 2005 Human Resources Kathy DuBose SUBJECT Consider and confirm the appointment by the City Manager of a new member to the Civil Service Commission. BACKGROUND Civil Service Commissioner, Dr. Tory Caeit, resigned his term on the Civil Service Commission effective August 19, 2004; therefore, in compliance with Chapter 143.006(b) of the Texas Local Government Code, the municipality's chief executive (City Manager) shall appoint a member to serve a three-year term and appointment shall be confirmed by the governing body. RECOMMENDATION The City Manager has elected to appoint Darhyl Ramsey, Professor of Music Education at the University of North Texas, to the Civil Service Commission. FISCAL INFORMATION This item has no fiscal impact. EXHIBITS Chapter 143.006 of the Texas Local Government Code Dr. Darhyl Ramsey's vita Respectfully submitted: Carla J. Romine Director of Human Resources (d) If an election is held under Subsection (b), a petition for a subsequent election to be held under that subsection may not be filed for at least one year after the date the previous election was held. To be valid, a petition for a subsequent election must contain the signatures of a number of qualified voters of the municipality equal to at least 20 percent of the number of voters who voted in the most recent municipal election. Any subsequent election must be held at the next general municipal election that occurs after the petition is filed. (e) If the governing body of a municipality that has operated under this chapter for at least one year receives a petition requesting an election to repeal this chapter that is signed by at least 10 percent of the qualified voters of the municipality, the governing body shall order an election submitting to the voters the question on whether this chapter should be repealed. If a majority of the qualified voters vote to repeal this chapter, this chapter is void in that municipality. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 143.005. STATUS OF EMPLOYEES IP CHAPTER ADOPTED. Each fire fighter or police officer serving in a municipality that adopts this chapter and who has been in the service of the municipality for more than six months at the time this chapter is adopted and who is entitled to civil service classification has the status of a civil service employee and is not required to take a competitive examination to remain in the position the person occupies at the time of the adoption. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 143.006. IMPLEMENTATION: COMMISSION. (a) On adoption of this chapter, the Fire Fighters' and Police Officers' Civil Service Commission is established in the municipality. The chief executive of the municipality shall appoint the members of the commission within 60 days after the date this chapter is adopted. Within 30 days after the date the municipality's first full fiscal year begins after the date of the adoption election, the governing body of the municipality shall implement this chapter. (b) The commission consists of three members appointed by the municipality's chief executive and confirmed by the governing body of the municipality. Members serve staggered three-year terms with the term of one member expiring each year. If a vacancy occurs or if an appointee fails to qualify within 10 days after the date of appointment, the chief executive shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment. (c) A person appointed to the commission must: (1) be of good moral character; (2) be a United States citizen; (3) be a resident of the municipality who has resided in the municipality for more than three years; (4) be over 25 years of age; and (5) not have held a public office within the preceding three years. (d) In making initial appointments, the chief executive shall designate one member to serve a one-year term, one member to serve a two-year term, and one member to serve a three-year term. If a municipality has a civil service commission immediately before this chapter takes effect in that municipality, that civil service commission shall continue as the commission established by this section and shall administer the civil service system as prescribed by this chapter. As the terms of the members of the previously existing commission expire, the chief executive shall appoint members as prescribed by this section. If necessary to create staggered terms as prescribed by this section, the chief executive shall appoint the initial members, required to be appointed under this chapter, to serve terms of less than three years. (e) Initial members shall elect a chairman and a vice-chairman within 10 days after the date all members have qualified. Each January, the members shall elect a chairman and a vice-chairman. (f) The governing body of the municipality shall provide to the commission adequate and suitable office space in which to conduct business. (g) The chief executive of a municipality commits an offense if the chief executive knowingly or intentionally fails to appoint the initial members of the commission within the 60-day period 4 prescribed by Subsection (a). An offense unde~ this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. Each day after the 60-day period that the chief executive knowingly or intentionally fails to make a required appointment constitutes a separate offense. (h) The chief executive of a municipality or a municipal official commits an offense if the person knowingly or intentionally refuses to implement this chapter o~ attempts to obstruct the enforcement of this chapter. An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 o~ more than $200. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 143.007. REMOVAL OF COMMISSION MEMBER. (a) If at a meeting held for that purpose the governing body of the municipality finds that a commission member is guilty of misconduct in office, the governing body may remove the member. The member may request that the meeting be held as an open hearing in accordance with Chapter 551, Government Code. (b) If a commission membe~ is indicted or charged by information with a c~iminal offense involving mo~al turpitude, the member shall be automatically suspended from office until the disposition of the charge. Unless the member pleads guilty or is found to be guilty, the member shall resume office at the time of disposition of the charge. (c) The governing body may appoint a substitute commission member during a period of suspension. If a member pleads guilty to or is found to be guilty of a criminal offense involving moral turpitude, the governing body shall appoint a replacement commission member to serve the remainder of the disqualified member's term of office. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), eff. Sept. 1, 1995. Sec. 143.008. ADOPTION AND PUBLICATION OF RULES. (a) A commission shall adopt rules necessary for the proper conduct of commission business. (b) The commission may not adopt a rule permitting the appointment or employment of a person who is: Darhyl S. Ramsey Dr. Darhyl Ramsey is a professor of music education at the University of North Texas. He holds degrees in music education from Carson-Newman College (BM) and the University of Iowa (MA, Ph.D.). He is in his 18th year at the University of North Texas. Prior to coming to Denton, he taught at UT-San Antonia and the Pennsylvania State University. He was a band director in the public schools in Virginia. He is an elder at St. Andrew Presbyterian Church where he is the chairman of several committees. Dr. Ramsey is a member of the Rotary Club of Denton-South where he is currently the Community Service committee chair. He is charged with distributing funds for community-based charitable organizations and directing the club's community service projects. These include helping the Salvation Army in their bell-ringing fundraiser, collecting food for the Community Food bank and organizing teams to provide services for a number of different organizations throughout the city. He is the president of the Owsley Community School program, a joint effort of the City of Denton and the private Owsley Community School organization. He is currently actively in a capital campaign to raise funds to complete a new Community Center for the Owsley community (West Denton). Work Contact Information College of Music Box 311367 University of North Texas Denton, TX 76203 (940) 565-3749 (940) 565-2002 (Fax) ramsey@music.unt.edu Home Contact Information 514 Mack Dr. Denton, TX 76209 (940) 566-3170 (940 380-1899 (fax) (940) 206-6283 (cell) AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET February 22, 2005 Legal Department Ed Snyder, Deputy City Attorney SUBJECT: A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO FILE AMICUS BRIEFS AND OTHER PLEADINGS IN SUPPORT OF THE CITY OF ROCKWALL IN A CASE STYLED HUGHES K CITY OFROCKWALL; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: This court case involves important issues affecting the ability of cities to annex property within their extraterritorial jurisdiction. You have been previously briefed on the legal issues involved in this case in the City Attorney's Attorney-Client Status Report to City Council. OPTIONS: Adopt the resolution. Decline to adopt the resolution. RECOMMENDATION: The Legal Department recommends the adoption of this resolution. PRIOR ACTION/REVIEW: None. FISCAL INFORMATION: The Legal Department staff will prepare the amicus briefs. Therefore, no outside legal expenses will be incm'red. Respectfully Ed Snyder [ Deputy Ci~ey RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO FILE AMICUS BRIEFS AND OTHER PLEADINGS IN SUPPORT OF THE CITY OF ROCKWALL IN A CASE STYLED HUGHES V. CITY OF ROCKWALL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is currently pending in the Dallas Court of Appeals a case styled Hughes v. City of Rockwall, No 05-04-01562 (the "Rockwall Case"); and WHEREAS, in the Rockwall Case the Court of Appeals mled against the City of Rockwall regarding a property owner's fight to obtain arbitration prior to the city's ability to annex under Section 43.052(h)(1) of the Local Government Code; and WHEREAS, the City of Rockwall is in the process of appealing the Court of Appeals decision to the Texas Supreme Court; and WHEREAS, if the Rockwall Case is not reversed it will have a chilting affect on the City of Denton's ability to annex areas within its extraterritorial jurisdiction which will inhibit the City's ability to plan for growth and development in accordance with its comprehensive plan; and WHEREAS, the City Council finds that it is in the public interest and in the best interest of the citizens of the City of Denton for the City to participate in the Rockwall Case by filing amicus briefs and other pleadings with the Texas Supreme Court in support of the City of Rockwall; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2. The City Attomey, or his designee is hereby authorized and directed to file an amicus brief in support of the City of Rockwall's petition for review to the Texas Supreme Court of the Rockwall Case. Should the Supreme Court grant certiorari the City Attomey, or his designee is authorized to file additional pleadings and amicus briefs as he may deem necessary to support the City of Rockwall's position. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY BY: Page 2 of 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 22, 2005 Materials Management Kathy DuBose Questions concerning this acquisition may be directed to Sharon Mays 349-8487 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a three year contract for the purchase of overhead conventional pole-mounted distribution transformers for DeNon Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3285-Three Year Comract for Overhead Convemional Pole-Mourned Transformers awarded to the lowest responsible bidder for each item in the annual estimated amoum of $169,895). (The Public Utility Board approved this item by a vote of 6-0). BID INFORMATION This bid is for pole-mourned distribution transformers that are used by DeNon Municipal Electric in the maintenance and new construction of the electric underground distribution system. These items are stocked at the City of DeNon Pole Yard for ease of accessibility and will be ordered on an as needed basis to maimain a safe level of stock. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its February 14, 2005 meeting. RECOMMENDATION Award all items to the overall lowest evaluated bidder, Techline Inc., in the annual estimated amoum of $169,895, in order to reduce shipping charges and increase flexibility in ordering quantities. This recommendation is based upon the total cost of operation utilizing a published formula including cost, full load and load loss costs. These losses directly correlate with the efficiency of the transformer. The lower the losses, the less it will cost to operate. PRINCIPAL PLACE OF BUSINESS Techline Inc. Fort Worth, TX Agenda Information Sheet February 22, 2005 Page 2 ESTIMATED SCHEDULE OF PROJECT This is a three-year contract, through February 22, 2008, with the option to renew for additional one-year periods. The vendor has agreed to participate in escalation/de-escalation for years two and three. All terms and conditions remain the same, with a maximum price escalation/de- escalation of 5% annually. FISCAL INFORMATION These items will be funded from the Warehouse Working Capital account and charged back to the using department. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 :Bid Tabulation Sheet 1-AlS-Bid 3285 Bid # 3285 Attachment 1 Date: 1/13/05 Three Year Contract for: Overhead Conventional Pole-Mounted Distribution Transformers ~ __ With Taps No Taps With Taps No ~aps bupply W/Escalation ""'"~'"" Place °'l~&~'on~;~F 10 kVA Corinth, TX Fort Worth, TX Fort Worth, TX Fort Worth, TX Fort Worth, TX Arlington, Tx Arlington, Tx i:0! i i iiiiii , oo.oo , o.oo 28586020 15~~OTransformer 75 kVA 91,554.35 91,473.00 91,120.00 91,581.00 91,534.00 91,555.00 91,475.00 Transformer 100 28586030 , :~0r~:Z~'kVA ,2,798.91 ,3,091.00 ,2,728.00 ,2,940.00 ,2,805.00 NO B,D NO B,D 28586031 5 ~0r~:5~'kVA ,2,340.22 ,2,880.00 ,2,507.00 ,2,864.00 ,2,756.00 NO B,D NO B,D ~o~ ~ ~-~)~0; ......... ,~,~.,~ ,,~.oo ,~,.oo ,~,~,o.oo ,~,~,.oo ,~,~,o.oo ,,~.oo ~d~d~ ~ I YES YES YES YES YES YES YES ~ipt ~rd~. Wishes to participate in Cooperative Punch,lng with Yes NO NO YES YES NO NO other Govt. Agencies per page 7: ~Yes ~No Wishes to . Opt~al Price Adder to Include lOkV ~7;};;~;~? ~ ,~.oo ,~.oo ,~.~o ,~.~o ,~o.oo ,~o.oo ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR CONTRACT FOR THE PURCHASE OF OVERHEAD CONVENTIONAL POLE-MOUNTED DISTRIBUTION TRANSFORMERS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3285-THREE YEAR CONTRACT FOR OVERHEAD CONVENTIONAL POLE- MOUNTED TRANSFORMERS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH iTEM iN THE ANNUAL ESTIMATED AMOUNT OF $169,895). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3285 1-15 Techline Inc. Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~'-~:~:::': : " 3-ORD-BID 3285 Bid # 3285 Exhibit A Date: 1/13/05 Three Year Contract for: Overhead Conventional Pole-Mounted Distribution ~ Techline, Inc. With Taps Principle Place o.~f Buslness: ...... Fort Worth, TX ~o~o ~ F?~viii,,~ ~,~o.oo ~o~ ~ ~!e~, ~°iiA ~,~o.oo Optional Price Adder to Include ZOkV Arresters Mounted $26.80 on T?nsformer: 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 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES February 14, 2005 DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, February 14, 2005, at 9:00 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas Street, Denton, Texas. PRESENT: John Baines, Bob Bland, Bill Cheek, George Hopkins, Charldean Newell, Dick Smith EXCUSED: EX OFFICIO MEMBERS Howard Martin, ACM/Utilities Phil Gallivan The Public Utilities Board convened its Open Session at 9:00 a.m. The Chair, Charldean Newell, stated to the Board that there were two Closed Meeting agenda items set forth in the Closed Meeting agenda and requested a motion to consider the agenda item under §551.086 of the Texas Government Code. A motion was then made and seconded respecting the consideration of the items by the Board. The Board then voted 5-0 (Baines arrived shortly thereafter) to move imo Closed Session to consider the items, and thereafter convened its Closed Session at 9:04 a.m. 1) 2) 3) 4) The Public Utilities Board reconvened in an Open Session at 9:24 a.m. The meeting was called to order to consider the following business: CONSENT AGENDA: Consider approval of Bid No. 3252 awarding a contract for purchase of heavy trucks for various utility departments, in an amount not to exceed $304,364. Consider approval of Bid No. 3281 awarding a contract for purchase of two rear-load chassis only and one roll-off refuse truck for the City of Denton Solid Waste Department; in an amount not to exceed $315,524. Consider approval of an amendment to the three-year agreement for purchase of substation power transformers from Waukesha Electric Systems, Inc., in an estimated maximum amount of $54,000 per transformer. Consider approval of Bid No. 3285 awarding a three-year contract for the purchase of overhead conventional pole-mounted distribution transformers for Denton Municipal Electric, in an amount not to exceed $169,895. 5) Consider approval of Bid No. 3289 awarding a three-year contract for the purchase of pad- Page 1 of 2 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 mounted underground distribution transformers for Denton Municipal Electric, in an amount not to exceed $3,500,000. 6) Consider approval of Bid No. 3291 awarding an annual contract for the purchase of water treatment chemicals, in an amount not to exceed $500,000. 7) Consider approval of Bid No. 3296 for the long-term rental of heavy equipment to the City of Denton as follows: 623 Scrapers - TKO Equipment Company and D8R Dozers - United Rentals. Consent Agenda Item #5 was pulled for further discussion. Board Member Dick Smith moved to approve Consent Agenda Items #1, #2, #3, #4, #6 and #7, with a second from Board Member John Baines. The motion passed by a vote of 6-0 ITEMS FOR INDIVIDUAL CONSIDERATION: 5) Consider approval of Bid No. 3289 awarding a three-year contract for the purchase of pad- mounted underground distribution transformers for Denton Municipal Electric, in an amount not to exceed $3,500,000. Brent Heath, Senior Engineer, explained to the Board that the bid tabulation of $3.5M is the total evaluated cost, the actual cost is $1.69M. The actual cost is what the City pays the vendor for the transformer. Over the 30-year life of a unit, if the transformer manufacturer uses aluminum instead of copper or a higher impedance conductor, it costs the City more to operate that transformer. Heath explained that staff factors the load loss factors and no-load loss factors to establish the evaluated cost. The initial up-front cost is minimal, but over the 30-year life of the electricity cost value on that transformer there is a significant difference. Board Member George Hopkins moved to approve Bid #3289, in the amount of $1.69M with a second from Board Member Bill Cheek. The motion passed by a vote of 6-0. Page 2 of 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 22, 2005 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Sharon Mays 349-8487 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a three year contract for the purchase of pad-mounted underground distribution transformers for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3289-Three Year Comract for Pad-Mourned Underground Distribution Transformers awarded to the lowest responsible bidder for each item in the annual estimated amount of $1,690,000). (The Public Utility Board approved this item by a vote of 6-0). BID INFORMATION This bid is for pad-mourned underground distribution transformers that are used by DeNon Municipal Electric in the maintenance and new construction of the electric underground distribution system. These items are stocked at the City of Denton Pole Yard for ease of accessibility and will be ordered on an as needed basis to maimain a safe level of stock. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its February 14, 2005 meeting. RECOMMENDATION Award to the lowest evaluated bidders in the estimated annual amoum of $1,690,000. This recommendation is based upon the total cost of operation utilizing a published formula including cost, full load and load loss costs. These losses directly correlate with the efficiency of the transformer. The lower the losses, the less it will cost to operate. Single Phase Transformers Item # Vendor 1-9 Techline Inc. Three Phase Transformers Item# 1 2-7 8-9 10-19 Vendor Techline Inc. Pauwels Transformers, Inc. Techline inc. Pauwels Transformers, inc. Agenda Information Sheet February 22, 2005 Page 2 PRINCIPAL PLACE OF BUSINESS Techline Inc. Fort Worth, TX Pauwels Transformers, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT This is a three-year contract through February 22, 2008, with the option to renew for additional one-year periods. Both vendors have agreed to participate in escalation/de-escalation for years two and three. All terms and conditions remain the same, with a maximum price escalation/de- escalation of 5% annually. FISCAL INFORMATION These items will be funded from the Warehouse Working Capital account and charged back to the using department. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 :Bid Tabulation Sheet 1-AlS-Bid 3289 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR CONTRACT FOR THE PURCHASE OF PAD-MOUNTED UNDERGROUND DISTRIBUTION TRANSFORMERS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3289-THREE YEAR CONTRACT FOR PAD-MOUNTED UNDERGROUND DISTRIBUTION TRANSFORMERS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM iN THE ANNUAL ESTIMATED AMOUNT OF $1,690,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT Single Phase Transformers 3289 1-9 Techline inc. Exhibit A Three Phase Transformers 3289 1,8,9 Techline inc. Exhibit A 3289 2-7, 10-19 Pauwels Transformers, inc. Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID3289 Bid # 3289 Exhibit A Date: 1/27/05 Three Year Contract for: Pad-Mounted Underground Distribution Transformers Fred Oberlender & Techhne, Inc. Assoc. Principle Place of Business: Dallas, TX Fort Worth, TX I 28586035 12 PMT Transformer, UG 25 KVA 240/120 $1,305.00 2 28586040 75 PMT Transformer, UG 50 KVA 240/120 $1,632.00 3 28586045 200 PMT Transformer, UG 75 KVA 240/120 $2,070.00 4 28586050 50 PMT Transformer, UG 100 KVA 240/120 $2,385.00 5 28586055 25 PMT Transformer, UG 167 KVA 240/120 $3,391.00 6 NEW I PMT Transformer, UG 50 KVA 240/480 $1,732.00 7 28586060 I PMT Transformer, UG 75 KVA 240/480 $2,247.00 8 28586065 I PMT Transformer, UG 100 KVA 240/480 $2,384.00 9 28586070 2 PMT Transformer, UG 167 KVA 240/480 $3,466.00 TOTAL: $769,380.00 Single Phase Transformer Mfg. Howard Tnd Quoted: ' Wishes to participate in Cooperative Purchasing with other Govt. Agencies Yes per page 7: Yes No Wishes to participate in Price Escalation & De-escalation per pages 5 & 6: Yes Yes No Only NEW parts & equipment are used I in the manufacture of supplied transformers: Yes NO (No Yes Salvaged or Re-manufactured parts) 2 28586080 5 ;r0~%;er'3PH'UG112'SkVA $5,372.00 3 28586085 15 ;r0;~%;er' 3PH. UG 150 kVA $5,910.00 4 28586090 8 ;r0;~%;er'3PH'~G225~¥A $6,598.00 5 28586095 8 ;r0;~%;er'3PH'~G300~¥A $7,499.00 6 28586100 2 ;r0;~%;er'3PH'~GS00~¥A $9,647.00 7 28586105 I ;r0%%;er'3PH'~G750~¥A $12,544.00 8 285861,0 I ;r0;~%;er'3PH'UG1000kYA $14,225.00 9 ,EW I ;r0;~%;er'3PH'~G1500~¥A $18,547.00 10 285861,5 I ;;a0~%?er'3PH'~G112'5~¥A $5,451.oo 11 28586120 8 ;;%%,;;?er, 3PH.~G150~¥A $6,076.00 12 ,EW 2 ;;a0~%?er'3PH'~G225~¥A $6,809.00 13 28586125 12 ;;%%f;;?er, 3PH. UG 300 kVA $7,491.00 14 28586130 12 ;;%%,;;?er, 3PH. ~G 500 ~A $9,574.00 15 28586135 5 ;;a0~%?er'3PH'~G750~¥A $12,597.00 16 28586140 4 ;;%,;;?er, 3PH.~G1000~¥A $13,577.00 17 28586145 2 ;;%,;;?er, 3PH.~G1500~¥A $19,434.00 18 28586150 2 ;;a0~%?er'3PH'UG2000kYA $21,300.00 19 28586155 6 ;;a0~%?er'3PH'~G2500~¥A $23,580.00 TOTAL: $914,071.00 Bid # 3289 Exhibit A Date: 1/27/05 Three Year Contract for: Pad-Mounted Underground Distribution Transformers Fred Oberlender & Techhne, Inc. Assoc. Principle Place of Business: Dallas, TX Fort Worth, TX Three Phase Transformer Mfg. Pauwels Howard Tnd. quoted: Transformers, Tnt. Wishes to participate in Cooperative Purchasing with other Govt. Agencies NA Yes per page 7: Yes No Wishes to participate in Price Escalation & De-escalation per pages 5 & 6: NA Yes Yes No Only NEW parts & equipment are used in the manufacture of supplied transformers: Yes NO (No NA Yes Salvaged or Re-manufactured parts) 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 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES February 14, 2005 DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, February 14, 2005, at 9:00 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas Street, Denton, Texas. PRESENT: John Baines, Bob Bland, Bill Cheek, George Hopkins, Charldean Newell, Dick Smith EXCUSED: EX OFFICIO MEMBERS Howard Martin, ACM/Utilities Phil Gallivan The Public Utilities Board convened its Open Session at 9:00 a.m. The Chair, Charldean Newell, stated to the Board that there were two Closed Meeting agenda items set forth in the Closed Meeting agenda and requested a motion to consider the agenda item under §551.086 of the Texas Government Code. A motion was then made and seconded respecting the consideration of the items by the Board. The Board then voted 5-0 (Baines arrived shortly thereafter) to move imo Closed Session to consider the items, and thereafter convened its Closed Session at 9:04 a.m. 1) 2) 3) 4) The Public Utilities Board reconvened in an Open Session at 9:24 a.m. The meeting was called to order to consider the following business: CONSENT AGENDA: Consider approval of Bid No. 3252 awarding a contract for purchase of heavy trucks for various utility departments, in an amount not to exceed $304,364. Consider approval of Bid No. 3281 awarding a contract for purchase of two rear-load chassis only and one roll-off refuse truck for the City of Denton Solid Waste Department; in an amount not to exceed $315,524. Consider approval of an amendment to the three-year agreement for purchase of substation power transformers from Waukesha Electric Systems, Inc., in an estimated maximum amount of $54,000 per transformer. Consider approval of Bid No. 3285 awarding a three-year contract for the purchase of overhead conventional pole-mounted distribution transformers for Denton Municipal Electric, in an amount not to exceed $169,895. 5) Consider approval of Bid No. 3289 awarding a three-year contract for the purchase of pad- Page 1 of 2 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 mounted underground distribution transformers for Denton Municipal Electric, in an amount not to exceed $3,500,000. 6) Consider approval of Bid No. 3291 awarding an annual contract for the purchase of water treatment chemicals, in an amount not to exceed $500,000. 7) Consider approval of Bid No. 3296 for the long-term rental of heavy equipment to the City of Denton as follows: 623 Scrapers - TKO Equipment Company and D8R Dozers - United Rentals. Consent Agenda Item #5 was pulled for further discussion. Board Member Dick Smith moved to approve Consent Agenda Items #1, #2, #3, #4, #6 and #7, with a second from Board Member John Baines. The motion passed by a vote of 6-0 ITEMS FOR INDIVIDUAL CONSIDERATION: 5) Consider approval of Bid No. 3289 awarding a three-year contract for the purchase of pad- mounted underground distribution transformers for Denton Municipal Electric, in an amount not to exceed $3,500,000. Brent Heath, Senior Engineer, explained to the Board that the bid tabulation of $3.5M is the total evaluated cost, the actual cost is $1.69M. The actual cost is what the City pays the vendor for the transformer. Over the 30-year life of a unit, if the transformer manufacturer uses aluminum instead of copper or a higher impedance conductor, it costs the City more to operate that transformer. Heath explained that staff factors the load loss factors and no-load loss factors to establish the evaluated cost. The initial up-front cost is minimal, but over the 30-year life of the electricity cost value on that transformer there is a significant difference. Board Member George Hopkins moved to approve Bid #3289, in the amount of $1.69M with a second from Board Member Bill Cheek. The motion passed by a vote of 6-0. Page 2 of 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 22, 2005 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Jim Coulter 349-7194 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefore; and providing an effective date (Bid 3291- Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the estimated amount of $500,000). (The Public Utility Board approved this item by a vote of 6-0). BID INFORMATION This bid is for the annual contract to supply water treatment chemicals for the water production and wastewater treatment process. The chemicals are delivered in bulk quantities to on-site storage facilities. RECOMMENDATION Award to the lowest responsible bidder for each item as listed below: Item Description Price Vendor 1 LIQUID CHLORINE, NSF 60 CERTIFIED $0.2565/LB DPC iNDUSTRIES (ONE TON) INC. LIQUID CHLORINE, NSF 60 CERTIFIED 2 (BULK) $0.2695/LB INc.DPC INDUSTRIES CHLORINE 150# CYLINDER HARCROS 3 $0.78/LB NSF 60 CERTIFIED CHEMICALS INC $0.0615/LB DPC INDUSTRIES 4 SODIUM HYPOCHLORITE INC 5 LIQUID OXYGENNSF 60 CERTIFIED $0.0386/LB AIR LIQUIDE 6 FLUROSILICIC ACID, $0.0781/LB PENNCO INC NSF 60 CERTIFIED 7 LIQUID CAUSTIC SODA $0.2045/LB DPC INDUSTRIES NSF 60 CERTIFIED INC 8 POTASSIUM PERMANGANATE *NOT AWARDED 9 ANHYDROUS AMMONIA, $0.36/LB LAROCHE NSF 60 CERTIFIED INDUSTRIES INC 10 CATIONIC POLYMER, NSF 60 CERTIFIED $0.44/LB POLYDYNE INC *City renewing with current vendor Agenda Information Sheet February 22, 2005 Page 2 RECOMMENDATION (CONTINUED) The apparent low bidder for Item 2, Altivia Corporation, did not meet specifications regarding guarantee of a firm price for 12 months; therefore the contract was awarded to the next lowest bidder meeting specification. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its February 14, 2005 meeting. PRINCIPAL PLACE OF BUSINESS: DPC Industries Inc. Cleburne, TX Air Liquide Grand Prairie, TX Harcros Chemicals Inc. Dallas, TX Pennco Inc. San Felipe, TX ESTIMATED SCHEDULE OF PROJECT: LaRoche Industries, Inc. Atlanta, GA Polydyne, Inc. Riceboro, GA This is an annual contract with prices, terms, and conditions remaining in effect through March 2, 2006. Delivery of individual chemicals varies from 3 days to 2 weeks and will be ordered as needed. FISCAL INFORMATION: Funding for these water treatment chemicals will come from account 630100.6334. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AlS-Bid 3291 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS FOR THE CITY OF DENTON WATER TREATMENT PLANTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3291-ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE ESTIMATED AMOUNT OF $500,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM VENDOR AMOUNT 3291 1,2,4,7 DPC Industries, Inc. Exhibit "A" 3291 3 Harcros Chemicals, Inc. Exhibit "A" 3291 5 Air Liquide Exhibit "A" 3291 6 Pennco inc. Exhibit "A" 3291 9 La Roche Industries, Inc. Exhibit "A" 3291 10 Polydyne, inc. Exhibit "A" SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2005. EUL~EBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3291 Exhibit A Item Description Price Vendor ] LIQUID CHLORINE, NSF 60 CERTIFIED $0.2565/LB DPC INDUSTRIES (ONE TON) INC. LIQUID CHLORINE, NSF 60 CERTIFIED 2 (BULK) $0.2695/LB INc.DPC INDUSTRIES CHLORINE 150# CYLINDER HARCROS 3 $0.78/LB NSF 60 CERTIFIED CHEMICALS INC $0.0615/LB DPC INDUSTRIES 4 SODIUM HYPOCHLORITE INC 5 LIQUID OXYGEN NSF 60 CERTIFIED $0.0386/LB AIR LIQUIDE 6 FLUROSILICIC ACID, $0.0781/LB PENNCO 1NC NSF 60 CERTIFIED 7 LIQUID CAUSTIC SODA $0.2045/LB DPC INDUSTRIES NSF 60 CERTIFIED INC 8 POTASSIUM PERMANGANATE *NOT AWARDED 9 ANHYDROUS AMMONIA, $0.36/LB LAROCHE NSF 60 CERTIFIED INDUSTRIES INC 10 CATIONIC POLYMER, NSF 60 CERTIFIED $0.44/LB POLYDYNE INC *City renewing with current vendor 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 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES February 14, 2005 DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, February 14, 2005, at 9:00 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas Street, Denton, Texas. PRESENT: John Baines, Bob Bland, Bill Cheek, George Hopkins, Charldean Newell, Dick Smith EXCUSED: EX OFFICIO MEMBERS Howard Martin, ACM/Utilities Phil Gallivan The Public Utilities Board convened its Open Session at 9:00 a.m. The Chair, Charldean Newell, stated to the Board that there were two Closed Meeting agenda items set forth in the Closed Meeting agenda and requested a motion to consider the agenda item under §551.086 of the Texas Government Code. A motion was then made and seconded respecting the consideration of the items by the Board. The Board then voted 5-0 (Baines arrived shortly thereafter) to move imo Closed Session to consider the items, and thereafter convened its Closed Session at 9:04 a.m. 1) 2) 3) 4) The Public Utilities Board reconvened in an Open Session at 9:24 a.m. The meeting was called to order to consider the following business: CONSENT AGENDA: Consider approval of Bid No. 3252 awarding a contract for purchase of heavy trucks for various utility departments, in an amount not to exceed $304,364. Consider approval of Bid No. 3281 awarding a contract for purchase of two rear-load chassis only and one roll-off refuse truck for the City of Denton Solid Waste Department; in an amount not to exceed $315,524. Consider approval of an amendment to the three-year agreement for purchase of substation power transformers from Waukesha Electric Systems, Inc., in an estimated maximum amount of $54,000 per transformer. Consider approval of Bid No. 3285 awarding a three-year contract for the purchase of overhead conventional pole-mounted distribution transformers for Denton Municipal Electric, in an amount not to exceed $169,895. 5) Consider approval of Bid No. 3289 awarding a three-year contract for the purchase of pad- Page 1 of 2 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 mounted underground distribution transformers for Denton Municipal Electric, in an amount not to exceed $3,500,000. 6) Consider approval of Bid No. 3291 awarding an annual contract for the purchase of water treatment chemicals, in an amount not to exceed $500,000. 7) Consider approval of Bid No. 3296 for the long-term rental of heavy equipment to the City of Denton as follows: 623 Scrapers - TKO Equipment Company and D8R Dozers - United Rentals. Consent Agenda Item #5 was pulled for further discussion. Board Member Dick Smith moved to approve Consent Agenda Items #1, #2, #3, #4, #6 and #7, with a second from Board Member John Baines. The motion passed by a vote of 6-0 ITEMS FOR INDIVIDUAL CONSIDERATION: 5) Consider approval of Bid No. 3289 awarding a three-year contract for the purchase of pad- mounted underground distribution transformers for Denton Municipal Electric, in an amount not to exceed $3,500,000. Brent Heath, Senior Engineer, explained to the Board that the bid tabulation of $3.5M is the total evaluated cost, the actual cost is $1.69M. The actual cost is what the City pays the vendor for the transformer. Over the 30-year life of a unit, if the transformer manufacturer uses aluminum instead of copper or a higher impedance conductor, it costs the City more to operate that transformer. Heath explained that staff factors the load loss factors and no-load loss factors to establish the evaluated cost. The initial up-front cost is minimal, but over the 30-year life of the electricity cost value on that transformer there is a significant difference. Board Member George Hopkins moved to approve Bid #3289, in the amount of $1.69M with a second from Board Member Bill Cheek. The motion passed by a vote of 6-0. Page 2 of 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 22, 2005 Materials Management Kathy DuBose Questions concerning this acquisition may be directed to Sharon Mays 349-8487 SUBJECT Consider adoption of an Ordinance approving a change order for a three-year contract between the City of DeNon and Waukesha Electric Systems, Inc. approved by Ordinance No. 2003-383 for the purchase of 15/20/25 MVA power transformers; providing for the expenditure of funds therefore; and providing an effective date (Bid 3105-Three Year Agreemem Change Order One in the estimated amoum of $54,000 per transformer). (The Public Utility Board approved this item by a vote of 6-0). CHANGE ORDER INFORMATION Since the agreement with Waukesha was approved in December of 2003, the raw materials markets for oil and metals has undergone a dramatic increase with all of the major commodities used in transformer manufacturing experiencing increases in the range of 50% to 60%. These recem and significam changes have resulted in a very volatile utility products market. One Utility reported that steel pole prices have increased 100% within the past twelve months. Several vendors have approached the City of Denton Purchasing Department with requests to adjust prices or cancel purchase agreements. For recent bids and quotations, high metal content items have had very short periods where the prices would remain valid and then only for a single order placed prior to a stated expiration date. Others have conditioned their bids on some form of price escalation or have simply declined to provide pricing for any long-term orders or agreements. When DeNon Municipal Electric (DME) indicated to Waukesha the imem to proceed with purchase of the Locust transformer, Waukesha approached the City with a request for price relief or they would cancel the contract because of the large increases in the costs of steel copper, paper, and oil, all of which are used extensively in the manufacture of transformers. The contract does allow for a 30-day notice of cancellation by either party. As an illustration of the reasons for Waukesha's request, the DeNon North transformer, which was delivered in November 2004, had a total weight of 165,000 pounds. Of this weight, 110,025 pounds is steel, copper, porcelain insulators, and paper insulation; and 54,975 pounds is oil (7,330 gallons). This gives some perspective to the amount of raw material required to manufacture one substation transformer. Agenda Information Sheet February 22, 2005 Page 2 CHANGE ORDER INFORMATION(CONTINUED) Waukesha's request was for a 16.4% increase for orders placed now. They justified this based on the increases in individual raw materials commodity price indices and relating these to the amounts of each used in the manufacture of a transformer. DME was able to verify the accuracy of the calculations provided. The time required for rebidding would likely mean that a transformer could not be installed before next spring. Anecdotal price information in the market place indicates that bid prices would, at a minimum, not be substantially different from the price adjustments proposed and would likely be higher. Since requests to increase prices have been received from several different vendors over the past months, the Purchasing Department has been seeking a mechanism that could be used to evaluate the impact of commodity price changes on the finished goods market where the data for determining validity could come from a third party independent source. The Bureau of Labor Statistics generates a Producer Price index (PPi) for finished energy goods that is based on the collective impact of a number of different commodities used to produce such goods. The increase in this PPi from December 2003 to December 2004 was 13.37%. Because of the change in this index and the experiences with vendors of late, DME and Purchasing propose that the PUB and Council authorize a 13% increase in the prices that were originally approved for the Iron Horse and Locust transformers. Waukesha will accept the 13% increase for these two transformers if the commitment to purchase is made upon approval. The table below summarizes data related to the approved prices and the prices with the increase. Iron Horse Locust (138kV) (138kV x 69kV)* December 2003 prices $378,307 $411,698 Prices with 13% increase $427,487 $465,219 Prices for comparable units $471,025 $486,209 purchased in 2001 * High voltage winding is dual voltage Because of the volatility of the market at the present time, DME and Purchasing also recommend that the substation transformer purchase agreement also be amended to restructure approved prices for future transformer purchases to allow them to follow the finished energy goods PPI, either up or down, with the starting point for adjustments to be the December 2004 index. Waukesha has indicated that they would be willing to leave the agreement in place and not exercise their option to cancel if this provision is included. Agenda Information Sheet February 22, 2005 Page 3 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its February 14, 2005 meeting. The City Council awarded Bid 3105 on December 2, 2003. RECOMMENDATION Amend the contract for Bid 3105 to add a 13% price increase and adopt the PPI as the basis for future price adjustments. PRINCIPAL PLACE OF BUSINESS Waukesha Electric Systems Goldsboro, North Carolina ESTIMATED SCHEDULE OF PROJECT This change order will have no impact on scheduling. FISCAL INFORMATION The transformers will be funded from accounts 60069489.1350.3620 and 600126489.1350.3620. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AlS-Bid 3105 Change Order One R:\February 22, 2005\Backup\Bid 3105 Change Order I\2-ORD-Bid 3105 Change Order One.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING A CHANGE ORDER FOR A THREE-YEAR CONTRACT BETWEEN THE CITY OF DENTON AND WAUKESHA ELECTRIC SYSTEMS, INC. APPROVED BY ORDINANCE NO. 2003-383 FOR THE PURCHASE OF 15/20/25 MVA POWER TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 3105-THREE YEAR AGREEMENT CHANGE ORDER ONE IN THE ESTIMATED AMOUNT OF $54,000 PER TRANSFORMER) WHEREAS, pursuaN to City Council approval under Ordinance No. 2003-283 the City of DeNon and Waukesha Electric Systems, inc. (the "Vendor") eNered iNo a contract (the "CoNract") for the purchase of 15/20/25 MVA Power Transformers (the "Transformers"); and WHEREAS, due to the dramatic increase in the cost of the major commodities used in transformer manufacturing the Vendor has requested a change order increasing the unit price of the Transformers by 13%, and with a price escalator for future purchases being tied to the Producers Price index ("PPi"), except that in no even shall the unit prices exceed 125% of the original unit prices (the "Change Order"); and WHEREAS, the Public Utility Board has recommended approval of the Change Order; and WHEREAS, the City Council finds that the Change Order serves valid public and municipal purposes and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference iNo the body of this ordinance as if fully set forth herein. SECTION 2. The Change Order is hereby approved. The City Manager, or his designee, is hereby authorized to execute the Change Order on behalf of the City and to make the expenditure of funds provided for by the Change Order. SECTION 3. This Change Order is also adopted as a procuremeN procedure authorized by Section 252.022(c) of the Local GovernmeN Code. The expenditures provided for by the Change Order are for DeNon Municipal Electric ("DME"), a municipally owned electric utility. The City Council is the governing body of DME. Due to the dramatic increase in the cost of major commodities used in transformer manufacturing it is necessary that they be purchased by change order to existing vendor contracts instead of competitively bidding the purchases. An investigation of the market has determined that a competitive bidding process would yield prices greater than the Change Order. The City Council hereby finds that the City and DME will be substaNially harmed if required to competitively bid the transformers. The City Council further finds that the Change Order and the procuremeN procedures adopted herein serve a valid public purpose by saving the City and DME substantial expenses that would be incurred through the competitive bidding process. This ordinance shall also constitute a resolution of the City Council of the City of Demon. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 Exhibit A Bid Cf 3105 Date: 11/20/03 3 Year Agreement Purchase Of 15/20/25 MVA Power Transformers I I Waukesha Electric Systems Principle Place of Business: Goldsboro, NC Denton North (138kY) I Top-Mounted LV Bushings b. Proposed delivery As requested d. Not to exceed freight $15,000.00 amount a. Basic Bid $378,307.00 iiiiiiiiiiii :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::: c. Estimated freight $9,400.00 charges I I Waukesha Electric Systems Locust (138kV x 69 3 Bus Duct TV Configuration B. Proposed delivery As requested d. Not to exceed freight $:1.6,800.00 amount 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 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES February 14, 2005 DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, February 14, 2005, at 9:00 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas Street, Denton, Texas. PRESENT: John Baines, Bob Bland, Bill Cheek, George Hopkins, Charldean Newell, Dick Smith EXCUSED: EX OFFICIO MEMBERS Howard Martin, ACM/Utilities Phil Gallivan The Public Utilities Board convened its Open Session at 9:00 a.m. The Chair, Charldean Newell, stated to the Board that there were two Closed Meeting agenda items set forth in the Closed Meeting agenda and requested a motion to consider the agenda item under §551.086 of the Texas Government Code. A motion was then made and seconded respecting the consideration of the items by the Board. The Board then voted 5-0 (Baines arrived shortly thereafter) to move imo Closed Session to consider the items, and thereafter convened its Closed Session at 9:04 a.m. 1) 2) 3) 4) The Public Utilities Board reconvened in an Open Session at 9:24 a.m. The meeting was called to order to consider the following business: CONSENT AGENDA: Consider approval of Bid No. 3252 awarding a contract for purchase of heavy trucks for various utility departments, in an amount not to exceed $304,364. Consider approval of Bid No. 3281 awarding a contract for purchase of two rear-load chassis only and one roll-off refuse truck for the City of Denton Solid Waste Department; in an amount not to exceed $315,524. Consider approval of an amendment to the three-year agreement for purchase of substation power transformers from Waukesha Electric Systems, Inc., in an estimated maximum amount of $54,000 per transformer. Consider approval of Bid No. 3285 awarding a three-year contract for the purchase of overhead conventional pole-mounted distribution transformers for Denton Municipal Electric, in an amount not to exceed $169,895. 5) Consider approval of Bid No. 3289 awarding a three-year contract for the purchase of pad- Page 1 of 2 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 mounted underground distribution transformers for Denton Municipal Electric, in an amount not to exceed $3,500,000. 6) Consider approval of Bid No. 3291 awarding an annual contract for the purchase of water treatment chemicals, in an amount not to exceed $500,000. 7) Consider approval of Bid No. 3296 for the long-term rental of heavy equipment to the City of Denton as follows: 623 Scrapers - TKO Equipment Company and D8R Dozers - United Rentals. Consent Agenda Item #5 was pulled for further discussion. Board Member Dick Smith moved to approve Consent Agenda Items #1, #2, #3, #4, #6 and #7, with a second from Board Member John Baines. The motion passed by a vote of 6-0 ITEMS FOR INDIVIDUAL CONSIDERATION: 5) Consider approval of Bid No. 3289 awarding a three-year contract for the purchase of pad- mounted underground distribution transformers for Denton Municipal Electric, in an amount not to exceed $3,500,000. Brent Heath, Senior Engineer, explained to the Board that the bid tabulation of $3.5M is the total evaluated cost, the actual cost is $1.69M. The actual cost is what the City pays the vendor for the transformer. Over the 30-year life of a unit, if the transformer manufacturer uses aluminum instead of copper or a higher impedance conductor, it costs the City more to operate that transformer. Heath explained that staff factors the load loss factors and no-load loss factors to establish the evaluated cost. The initial up-front cost is minimal, but over the 30-year life of the electricity cost value on that transformer there is a significant difference. Board Member George Hopkins moved to approve Bid #3289, in the amount of $1.69M with a second from Board Member Bill Cheek. The motion passed by a vote of 6-0. Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: February 22, 2005 Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7133 ACM: Kathy DuBose ~ SUBJECT Consider adoption of an Ordinance accepting competitive bids by way of an imerlocal Agreement with State of Texas Building and Procurement Commission and awarding a contract for the purchase of Tires & Tubes to Gray's Wholesale Tire Distributors, inc.; providing for the expenditure of funds therefore; and providing an effective date (File 3297 - imerlocal Agreemem for Tires & Tubes with State of Texas Building and Procurement Commission, contract awarded to Gray's Wholesale Tire Distributors, inc. in the estimated amoum of $100,000). BID INFORMATION The Texas Local Governments Code Chapter 271 Subchapter D allows for Local Governmental entities to participate in the State of Texas contracts awarded by the State of Texas Building and Procurement Commission. In this particular instance, the State of Texas has awarded a contract for tires and tubes that will be advantageous to the City of DeNon (State of Texas Tire and Tube Comract Class 863-A1). The comract includes all sizes and types of tires and tubes, local delivery, and complete stock in the Fort Worth Warehouse and Distribution Center. A large majority of local governmental entities in the DFW Metroplex utilize this contract. RECOMMENDATION Award to Gray's Wholesale Tire Distributors, Inc., in the estimated amount of $100,000. PRINCIPAL PLACE OF BUSINESS Gray's Wholesale Tire Distributors, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This is an annual comract, which will be in effect through July 31, 2005 subject to annual extension, individual orders are normally delivered the following workday or sooner. FISCAL INFORMATION Tires and tubes will be ordered as needed and charged to Fleet Services Vehicle Maimenance accoum 820100.6404. Agenda Information Sheet February 22, 2005 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Letter of extension from Gray's Wholesale 1-AlS-File 3297 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION AND AWARDING A CONTRACT FOR THE PURCHASE OF TIRES & TUBES TO GRAY'S WHOLESALE TIRE DISTRIBUTORS, INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3297-1NTERLOCAL AGREEMENT FOR TIRES & TUBES WITH STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION, CONTRACT AWARDED TO GRAY'S WHOLESALE TIRE DISTRIBUTORS, INC. IN THE ESTIMATED AMOUNT OF $100,000). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of DeNon; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipmem, supplies or services can be purchased by the City through the Building and Procuremem programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials, equipmem, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 3297 Gray's Wholesale Tire Distributors, Inc. $100,000 SECTION 2. That by the acceptance and approval of the above numbered items set forth in File 3297, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums comained in the bid documems and related documems filed with the Building and Procuremem Commission, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in File 3297; the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-Ord-File 3297 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: February 22, 2005 Materials Management Questions concerning this acquisition may be directed to Ross Chadwick 349-8830 ACM: Kathy DuBose ~ SUBJECT Consider adoption of an Ordinance of the City of Demon authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (HGAC) for the acquisition of a hazardous materials response vehicle for the City of Demon Fire Department by way of an interlocal agreement with the City of Denton; and providing an effective date (File 3299-Imerlocal Agreemem for Hazardous Materials Response Vehicle with HGAC awarded to Martin Apparatus, Inc. in the amoum of $430,000). BID INFORMATION This bid is for the purchase of a hazardous materials response vehicle for the City of Demon Fire Departmem. This vehicle is part of a regional project approved by the Urban Area Working Group as part of the State Homeland Security Gram Program. The cost of this project is funded 100 percent through the grant program. This vehicle will provide transport for the Denton Fire Department Hazardous Material Team and for the specialized equipment needed to respond to these types of emergency incidents. RECOMMENDATION Award a contract to Martin Apparatus, Inc. utilizing the interlocal agreement with the Houston- Galveston Area Council of Governmems for the purchase of a hazardous materials response vehicle. The award amoum is $430,000. PRINCIPAL PLACE OF BUSINESS Martin Apparatus, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This unit can be delivered in approximately 9-10 momhs after receipt of order or November 2005. Agenda Information Sheet February 22, 2005 Page 2 FISCAL INFORMATION This equipment will be funded entirely through the 2004 Urban Area Security Initiative, which is part of the State Homeland Security Grant program (account number 342005.8537). Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Attachment 2: 1-AlS-File 3299 Proposal from Martin Apparatus HGAC Cost Verification Attach~en~ 1 We Build Confideo~e.* Martin Apparatus, Inc. 1026 A Shady Oaks Denton, Texas 762Ol 8oo-784-68o6 December 10, 2004 Denton F]re Department 332 E, Hickory Denton, TX 76201 Re: Proposal for One (1) Pierce Lance Haz-Mat Rescue Martin Apparatus is pleased to provide the following proposal for one (1) Pierce Lance Haz-Mat Rescue. The enclosed proposal pricing is based on the accompanying specifications, which have been tailored to meet your requirements. The proposal pricing includes the unit delivery cost from Appleton, Wisconsin, after final inspection. Travel expenses for your personnel are included in this proposal. The purchasing fees charged by HGAC are included in the following proposal price. Delivery for the proposed unit will be within 9 to 10 months from the date of purchase order received at Martin Apparatus. This pricing is valid for 30 days from the above date. Payment is due to Martin Apparatus, Houston Office, upon acceptance of the apparatus at the factory. Any changes to the original specification will be invoiced or credited as a separate transaction from the original bid. A late fee of .033% per day will be charged for overdue payments for the first 30 days and a fee of .044% per day thereafter. One (1) Pierce Lance Haz-Mat Rescue Total price $430,000.00 Sincerely, Russell Mabm Martin Apparatus, Inc. The following details MUST be provided with any purchase order from an End User to H-GAC End User Agency: Denton Fire Department (City of Denton), Texas Date: JanuarY 14, 2005 Dealer: Martin Apparatus, inc. Product Description: Pierce Hazmat A: Base Price in Bid Number: FS10-03 Suffixes: B: Published Options.: (Itemized below, or summarized attached sheets) Published $ 64,057.00 JECABB $318,535.00 C; Subtotal Column 1: $ 64,057.00 Subtotal Column 2: $ - Total Published Options added to Base Price (Subtotal of 'Col 1" & "Col 2") $ Subtotal of A + B: Unpublished Options: (Itemized below, or summarized attached sheets) NOTE: Unp,ublished Options cannot conflict with another contractor's base bid contact Unpubfished $ 45,408.00 Subtotal Cofumn 2: 12% Subtotal Column 1: $ 45,408.00 $ - Total Unpublished Options added to Base Price (Subtotal of 'Col 1" & "Col 2") $ E: Contract Price Adjustments and Quantity Discounts: (If any, Explain here) $ 64,O57.OO $ 382,592.00 $ 45,408.00 $ 428,000.00 $ 428,000.00 $ 2,000.00 F: Total of C + D +/- E; (Not including H-GAC Fee) G: Quantity Ordered: (Units: 1.00 x F) H: HGAC Administrative Fee: (From Fee Schedules, Tables) I: Non-Equipment Charges & Credits: de, Ext. Warranty, Trade-in, factory tdps, etc) Each Qty J: TOTAL PURCHASE PRICE INCLUDING (G + H + I) Total $- Subtotal of Non-Equipment Charges $ 430,000.00 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (HGAC) FOR THE ACQUiSiTiON OF A HAZARDOUS MATERIALS RESPONSE VEHICLE FOR THE CITY OF DENTON FIRE DEPARTMENT BY WAY OF AN iNTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3299-INTERLOCAL AGREEMENT FOR HAZARDOUS MATERIALS RESPONSE VEHICLE WITH HGAC AWARDED TO MARTIN APPARATUS, iNC. iN THE AMOUNT OF $430,000). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Council Area of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered file for materials, equipment, supplies, or services, shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3299 Martin Apparatus, Inc. $430,000 SECTION 2. That by the acceptance and approval of the above numbered items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the referenced purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the H-GAC, quantities and specified sums contained in the City's File 3299, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in the referenced purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-Ord-File 3299 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 22, 2005 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Tom Shaw 349-7133 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for purchase of heavy trucks for various City departments; providing for the expenditure of funds therefore; and providing for an effective date (Bid 3252-Fleet Heavy Trucks awarded to the lowest responsible bidder for each item in the amount of $553,345). (The Public Utility Board recommends approval of Utility related vehicles in the amount of 304,364). BID INFORMATION This bid is for the acquisition of a fleet of heavy to mid duty trucks consisting of two 12-cubic- yard dump trucks, one 14-cubic-yard dump truck, one pothole patching truck, one brush loading knuckle boom truck, one refuse container hauling truck, and one 13.6-cubic-yard refuse truck. The 12-yard dump truck and the pothole truck are motor pool replacements for the Street Department. One 12-yard dump truck is a motor pool replacement for the Waste Water Collections Division. The 14-cubic-yard dump truck is a motor pool replacement for the Drainage Division, the 13.6-cubic-yard refuse truck is a motor pool replacement for the Parks Department, the brush loading knuckle boom truck and the container handling truck are motor pool replacements for the Solid Waste Department. All units are powered by EPA Tier II compliant 2005 engines and are suitable for biodiesel consumption. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved the Utility and Solid Waste trucks at its February 14, 2005 meeting. RECOMMENDATION Award to the lowest responsible bidder, meeting specifications, for each item as listed below. Item Desc.(See Tab) Qty. Supplier Price +Options* Net Each Total 1. 12-YdDump Truck 2 Metro Sterling $69,945 $750 $70,695 $141,390 2. 14-YdDump Truck 1 Metro Sterling $77,493 $750 $78,243 $78,243 3. Pothole Truck 1 Southwest Intl $96,415 N/A $96,415 $96,415 4. Brush/Knuckle Truck 1 Southwest Intl $95,185 N/A $95,185 $95,185 5. Container Truck 1 Southwestlntl $60,241 N/A $60,241 $60,241 6. 13.6-Cu-YdRefuse 1 Masters Intl $81,871 N/A $81,871 $81,871 Truck Total Amount for 7 Vehicles: $553,345 Agenda Information Sheet February 22, 2005 Page 2 RECOMMENDATION (CONTINUED) *Optional item is a bed vibrator for removal of materials. The lower price offered by Southwest international for item 2 failed to meet specifications for engine horse power and dump body construction. The lower alternate bid offered by Southwest International for Item 4 failed to meet minimum specifications for gross vehicle weight. After installation of the body and knuckle boom, there would be insufficient weight capacity for an economical load. PRINCIPAL PLACE OF BUSINESS Southwest International McKinney, TX Masters International Arlington, TX Metro Sterling Ford Truck Sales Dallas, TX ESTIMATED SCHEDULE OF PROJECT Delivery can be accomplished within approximately 60-120 days from receipt of an order. FISCAL INFORMATION These units will be funded as listed below. 1. Streets 1 -12-yard dump truck $70,695 1. Waste Water Collection 1 -12-yard dump truck $70,695 2. Drainage 1 -14-yard dump truck $78,243 3. Streets 1 -Pothole truck $96,415 4. Solid Waste 1 -Brush/knuckle truck $95,185 5. Solid Waste 1 -Container truck $60,241 6. Parks 1 -13.6-cu-yd refuse truck $81,871 810001.8535 810001.8535 810001.8535 810001.8535 Lease/Purchase Lease/purchase 810001.8535 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AlS-Bid 3252 CD CD CD CD ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PURCHASE OF HEAVY TRUCKS FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 3252-FLEET HEAVY TRUCKS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH iTEM IN THE AMOUNT OF $553,345). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM VENDOR AMOUNT 3252 1,2 Metro Sterling Ford $219,633 3252 3,4,5 Southwest International $251,841 3252 6 Masters International $ 81,871 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~:::':' : " 3-ORD-Bid 3252 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 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES February 14, 2005 DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, February 14, 2005, at 9:00 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas Street, Denton, Texas. PRESENT: John Baines, Bob Bland, Bill Cheek, George Hopkins, Charldean Newell, Dick Smith EXCUSED: EX OFFICIO MEMBERS Howard Martin, ACM/Utilities Phil Gallivan The Public Utilities Board convened its Open Session at 9:00 a.m. The Chair, Charldean Newell, stated to the Board that there were two Closed Meeting agenda items set forth in the Closed Meeting agenda and requested a motion to consider the agenda item under §551.086 of the Texas Government Code. A motion was then made and seconded respecting the consideration of the items by the Board. The Board then voted 5-0 (Baines arrived shortly thereafter) to move imo Closed Session to consider the items, and thereafter convened its Closed Session at 9:04 a.m. 1) 2) 3) 4) The Public Utilities Board reconvened in an Open Session at 9:24 a.m. The meeting was called to order to consider the following business: CONSENT AGENDA: Consider approval of Bid No. 3252 awarding a contract for purchase of heavy trucks for various utility departments, in an amount not to exceed $304,364. Consider approval of Bid No. 3281 awarding a contract for purchase of two rear-load chassis only and one roll-off refuse truck for the City of Denton Solid Waste Department; in an amount not to exceed $315,524. Consider approval of an amendment to the three-year agreement for purchase of substation power transformers from Waukesha Electric Systems, Inc., in an estimated maximum amount of $54,000 per transformer. Consider approval of Bid No. 3285 awarding a three-year contract for the purchase of overhead conventional pole-mounted distribution transformers for Denton Municipal Electric, in an amount not to exceed $169,895. 5) Consider approval of Bid No. 3289 awarding a three-year contract for the purchase of pad- Page 1 of 2 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 mounted underground distribution transformers for Denton Municipal Electric, in an amount not to exceed $3,500,000. 6) Consider approval of Bid No. 3291 awarding an annual contract for the purchase of water treatment chemicals, in an amount not to exceed $500,000. 7) Consider approval of Bid No. 3296 for the long-term rental of heavy equipment to the City of Denton as follows: 623 Scrapers - TKO Equipment Company and D8R Dozers - United Rentals. Consent Agenda Item #5 was pulled for further discussion. Board Member Dick Smith moved to approve Consent Agenda Items #1, #2, #3, #4, #6 and #7, with a second from Board Member John Baines. The motion passed by a vote of 6-0 ITEMS FOR INDIVIDUAL CONSIDERATION: 5) Consider approval of Bid No. 3289 awarding a three-year contract for the purchase of pad- mounted underground distribution transformers for Denton Municipal Electric, in an amount not to exceed $3,500,000. Brent Heath, Senior Engineer, explained to the Board that the bid tabulation of $3.5M is the total evaluated cost, the actual cost is $1.69M. The actual cost is what the City pays the vendor for the transformer. Over the 30-year life of a unit, if the transformer manufacturer uses aluminum instead of copper or a higher impedance conductor, it costs the City more to operate that transformer. Heath explained that staff factors the load loss factors and no-load loss factors to establish the evaluated cost. The initial up-front cost is minimal, but over the 30-year life of the electricity cost value on that transformer there is a significant difference. Board Member George Hopkins moved to approve Bid #3289, in the amount of $1.69M with a second from Board Member Bill Cheek. The motion passed by a vote of 6-0. Page 2 of 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 22, 2005 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Tom Shaw 349-7133 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a comract for purchase of two rear-load chassis only and one roll-off refuse truck for the City of DeNon Solid Waste Department; providing for the expenditure of funds therefore; and providing for an effective date (Bid 3281-Refuse Trucks awarded to lowest responsible bidder for each item in the amoum of $315,524). (The Public Utility Board approved this item by a vote of 6-0). BID INFORMATION This bid is for the purchase of three refuse trucks. Two were bid as residemial rear-load trucks and one commercial roll-off truck. The two rear-load trucks will replace two similar 1995 model units and the roll-off replaces a 1996 model unit. All three trucks were approved as motor pool replacements during the 2004-2005 budget process and meet the replacement criteria established by the Fleet Services Division. These trucks are all powered by EPA Tier II compliant diesel engines. Eleven bids were received from three vendors. Rush Peterbilt and Masters International submitted multiple bids incorporating differem refuse bodies. RECOMMENDATION Award to the lowest responsible bidder meeting specifications for all items, Rush Peterbilt, as listed below. However, we recommend purchasing the chassis only for Item 1 and the complete unit for Item 2. During the evaluation process, it was determined that our rear-load body specifications no longer reflected the best value that the industry has to offer. The rear-load bodies will be rebid and submitted for approval at a later date. Chassis have a considerably longer delivery schedule than bodies; therefore, delivery will not be affected. Item# Quant. Description Vendor Price Ea. Total 1 2 Rear-load Chassis Only Rush Peterbilt (1) $ 99,333 $198,666 2 1 Roll-off Truck Rush Peterbilt (6) $116,858 $116,858 Total $315,524 Agenda Information Sheet February 22, 2005 Page 2 PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its February 14, 2005 meeting. PRINCIPAL PLACE OF BUSINESS Rush Peterbilt Irving, TX ESTIMATED SCHEDULE OF PROJECT Delivery is estimated to be 90-120 days after receipt of an order or approximately the last week in May. FISCAL INFORMATION The units will be funded through a third party lease-purchase agreement approved by Council on January 18, 2005. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation 1-AlS-Bid 3281 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PURCHASE OF TWO REAR-LOAD CHASSIS ONLY AND ONE ROLL-OFF REFUSE TRUCK FOR THE CITY OF DENTON SOLID WASTE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 3281-REFUSE TRUCKS AWARDED TO LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE AMOUNT OF $315,524). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: ITEM# QUANT. DESC. VENDOR PRICE EA. TOTAL 1 2 Rear Load Chassis Only Rush Peterbilt (1) $99,333 $198,666 2 1 Roll-Off Truck Rush Peterbilt (6) $116.858 $116,858 Total $315,524 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3281 Page 2 of 2 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 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES February 14, 2005 DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, February 14, 2005, at 9:00 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas Street, Denton, Texas. PRESENT: John Baines, Bob Bland, Bill Cheek, George Hopkins, Charldean Newell, Dick Smith EXCUSED: EX OFFICIO MEMBERS Howard Martin, ACM/Utilities Phil Gallivan The Public Utilities Board convened its Open Session at 9:00 a.m. The Chair, Charldean Newell, stated to the Board that there were two Closed Meeting agenda items set forth in the Closed Meeting agenda and requested a motion to consider the agenda item under §551.086 of the Texas Government Code. A motion was then made and seconded respecting the consideration of the items by the Board. The Board then voted 5-0 (Baines arrived shortly thereafter) to move imo Closed Session to consider the items, and thereafter convened its Closed Session at 9:04 a.m. 1) 2) 3) 4) The Public Utilities Board reconvened in an Open Session at 9:24 a.m. The meeting was called to order to consider the following business: CONSENT AGENDA: Consider approval of Bid No. 3252 awarding a contract for purchase of heavy trucks for various utility departments, in an amount not to exceed $304,364. Consider approval of Bid No. 3281 awarding a contract for purchase of two rear-load chassis only and one roll-off refuse truck for the City of Denton Solid Waste Department; in an amount not to exceed $315,524. Consider approval of an amendment to the three-year agreement for purchase of substation power transformers from Waukesha Electric Systems, Inc., in an estimated maximum amount of $54,000 per transformer. Consider approval of Bid No. 3285 awarding a three-year contract for the purchase of overhead conventional pole-mounted distribution transformers for Denton Municipal Electric, in an amount not to exceed $169,895. 5) Consider approval of Bid No. 3289 awarding a three-year contract for the purchase of pad- Page 1 of 2 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 mounted underground distribution transformers for Denton Municipal Electric, in an amount not to exceed $3,500,000. 6) Consider approval of Bid No. 3291 awarding an annual contract for the purchase of water treatment chemicals, in an amount not to exceed $500,000. 7) Consider approval of Bid No. 3296 for the long-term rental of heavy equipment to the City of Denton as follows: 623 Scrapers - TKO Equipment Company and D8R Dozers - United Rentals. Consent Agenda Item #5 was pulled for further discussion. Board Member Dick Smith moved to approve Consent Agenda Items #1, #2, #3, #4, #6 and #7, with a second from Board Member John Baines. The motion passed by a vote of 6-0 ITEMS FOR INDIVIDUAL CONSIDERATION: 5) Consider approval of Bid No. 3289 awarding a three-year contract for the purchase of pad- mounted underground distribution transformers for Denton Municipal Electric, in an amount not to exceed $3,500,000. Brent Heath, Senior Engineer, explained to the Board that the bid tabulation of $3.5M is the total evaluated cost, the actual cost is $1.69M. The actual cost is what the City pays the vendor for the transformer. Over the 30-year life of a unit, if the transformer manufacturer uses aluminum instead of copper or a higher impedance conductor, it costs the City more to operate that transformer. Heath explained that staff factors the load loss factors and no-load loss factors to establish the evaluated cost. The initial up-front cost is minimal, but over the 30-year life of the electricity cost value on that transformer there is a significant difference. Board Member George Hopkins moved to approve Bid #3289, in the amount of $1.69M with a second from Board Member Bill Cheek. The motion passed by a vote of 6-0. Page 2 of 2 AGENDA INFORMATION SHEET !~eg;d Department Ed Snyder. Deputy City At:tomey SUBJECT: .AN ORI)LNANCE O]: THE CIi'Y ()iF DENTON. "IEXAS AUIHORIZING P.AYMHNT OF THE AWARD OF SPEC[AL COMMISSIONKRS iNTO IH[i REGISTRY OF THE COURT IN CO,NDEMNATION PROCEEDING STYLED C/FY OF DE}vJD?,:', ]%/C4S ~( [L.~3L.~! ,/. ,'YEA ~-T'RS ;4&t .&4.:V:.r ./, 5;,,~,I/TM ET AA., CAUSE NO. ED,-2004-485 PEND!NG IN [tie PI~OBATE COI)RT OF DEN1'O:N COUNTY, TEXAS: AND DECL, ARING AN EFFECTIVE DATE, BA. CKGRO[NB: On June t5~ 200,4, the City CoLn:~cil passed Ordh:mnce No. 2004.-.170~ aL~d'~o:rizi.n;g tl:~e City m acqu:irc thc subject p:roper~y and necessaW. A Staiemen~ in Condem:nadon was filed with the Probate Court on September 23, 2004. The Special Comn'iissi'o. ners' h~armg :in tt~s mater was held on February !, 2(}05, and resulted in an award of OP'I'IONS: Pay A',~ ard of Special Co!nm:issi:ncrs in:to the Registry of' thc Probate CTourt a'u:~d proceed '~x iit:l 7Loop 1288 expansion projc,cl.. RECOh'iMENDATION: Ibc .Legal Depa'm'nent recommends i:hc Ckv pay {he award e:[ Lh.e Special Commission,:rs into the Regiswy of thc Probate Coud. PRIOR ACTION/RI};VIE%': On June 15, 2004, by Ordinartce Nc>, 2004-170, thc City Cmmci] riot;md dmt a public n. eccssib, existed and that pul, nc wolf arc and co];ve/~fie'nos required thc acquisition oF an easei;lle~l,t i B[ores[ t'br the air, loot prop'er[y, I{?ISCAL IN FORM ATtON: $6 ~ ,97.3 ;Respectfi!:I[y.sub:mitted, / Ed Shy'der D epu [y Ci t,,~ iA tto m e v ORDIN YNC][[ AN ORDLNANCE OF' TlIE (t%T ©F [)ENTON, ['E~,:~.S AL)]]}IORIZtNG: PATMENT OF T[iE AWARD OI: SPECIAL COMM1SSI. ONERS i%TO THE RIS~CiIS!RY OF TH'E COt R'I'" IN CONDEMNATION PROCEED[N.G STY'LED C/TT OF/.')/L,VT(?d~ 7'Tf. U45 YC I.).l,,'V.q J. i5'.F'.4 ITRS .4NA D:.[;~iAi ~Z 5':~It'TH, ET' ,41 CALSE NO, [;D=2.004-485 PbNDI?-,G .fN "I'T~E PRON;ATE COUI:~i' O.F .DENTON CO'UNTY, 'TEXAS; A N i) DEC.L_.~dLLNG AN El F'ECTIVE DATE. SECTI(}N ! ., Thai: thc A',vard o:FSpeci~d Coinmissi~:mers. alt ,,~]zcd' ' - - ' ' hcrcio a~' "cx.h:~l.;~ltc,. - %T', in aL~d~orizcd [o be p,~dd ~nK~ [ho RcgistO' o ¢ the Pn'>i>alc Court, SEC'T]ON 2. i"i~'ai this ordinance shal)i>ecomc c!]L:cti,~,z~ i.r::m:cdia!ejy, l;~nn its passagc arm approval~ PAS S ED AND %I>PROV :lid th[ s th e d w~,, o l~ ? of' 5 EL LJNE BROCK:, MAYOR ATTEST: JENNi[FER B,..[l i ~,., C©LJNT¥ ] 'R ..... '~*' ' ' r,~ ';v c].u:K:!.e .s.:, _;, i'~a~S' !U 8~ thc p ~ ' ~ ~ ~' *:1,' .,i,, ' r,~ ~. ~.~. o: me ,-~ , ..?,~ Add'dx-~n. ~..~.} :~:cx:nt~:>n t, '~'~" i']~i{N[I S:m. th ' ....... ';1 ' ~x ,~ ~'c,-.-'~,: East. ~ 'm?%;'~"-,~:: q-~ ,i., ilo dcm:ecs !~3 rn::n~ie, s ('Y?' ............ ~.. ,,i, ..... ~":,~ ",m, 6 [ic:zos:~ i::~Jd~ i~ca:ve?s .... ,*** lhle of 'i_.>i 2.. i:':; c,c~; A ,:'*.f ,.., m.,-~,. [k,:::~ok ;~c.cnn,.n., LiE ? AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: February 22, 2005 Utilities Administration Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas authorizing the City Manager to execute a Professional Services Agreement with R. W. Beck, Incorporated, Austin, Texas, for consulting services pertaining to the preparation of a solid waste department operational analysis and review; authorizing the expenditure of funds therefor; and providing an effective date. (The Public Utilities Board recommends approval by a vote of 4-0) BACKGROUND Periodically Denton's utilities contract for outside engineering and consulting services to perform departmental operational reviews. The purpose of this operational review is to evaluate the operational areas of the Solid Waste Department and provide recommendations to ensure that the department is operating in the most cost effective and efficient manner possible. The review process generally begins with a consultam obtaining an understanding of, 1) the services the departmem provides, and 2) the manner in which they are provided. Part of the review will include observing and documenting some of the department's current operational procedures and processes. The reviewed departmemal procedures and processes will be analyzed and evaluated to determine if the existing procedures and processes provide the intended services in the most efficiem manner possible. The consultam will provide recommendations for operational improvemems and/or increased efficiencies, if they exist, in all areas reviewed. The operational review process further enables the departmental managers to obtain 'best management practices' and other competitive operational practices information used by other solid waste departments throughout the United States. Denton's Solid Waste Department has not previously obtained an operational review. Recemly staff met and discussed with the R.W. Beck consultams the benefits of obtaining a Solid Waste Departmem operational review. R.W. Beck, Incorporated has performed numerous solid waste operational reviews throughout the United States, and has been comracted several times by the North Cemral Texas Council of Governmems (NCTCOG) to perform various operational reviews and studies throughout the local NCTCOG area. R.W. Beck's familiarity with Demon's operational services, their ability to comprehend Demon's issues, and their experience in the solid waste industry are major poims in the staff's recommendation of R.W. Beck to perform this task. Completion of the Solid Waste Department operational review is projected to take no longer than 120 days from the date of the initial kick-off meeting. OPTIONS 1. Approve staff's recommendation to utilize the services of R.W. Beck, Incorporated to complete a Solid Waste Department operational review. 2. Reject staff's recommendation to utilize the services of R.W. Beck, Incorporated to complete a Solid Waste Department operational review. RECOMMENDATION Staff recommends the approval of R.W. Beck, Incorporated to perform a solid waste operational review for an amount not to exceed $75,000. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board approved this item at their January 24, 2005 meeting by a vote of 4 to 0. FISCAL INFORMATION The professional services agreement with R.W. Beck, Incorporated to perform the solid waste operational review is for an amount not to exceed $75,000. EXHIBITS 1. Scope of Services 2. Ordinance 3. Agreement 4. Minutes Respectfully submitted: A. Vance Kemler Director, Solid Waste Services January 20, 2005 Via E-mail Mr. Vance Kemler Director of Solid Waste City of Denton 1527 S. Mayhill Road Denton, Texas 76208 Dear Mr. Kemler: R. W. Beck, Inc. is pleased to offer our services in assisting the City of Denton (City) with a solid waste operations review of the City's solid waste utility. The following letter describes the scope of services, which would be provided by R. W. Beck during the conduct of this study. In addition, we have provided a cost estimate and the timing associated with this study. The goal of this study is to review the City's solid waste utility to ensure that it is operating in the most cost effective and efficient manner possible. To the extent that findings are made by the project team that result in the issuance of recommendations that will assist in improving the solid waste utility's operating performance, these recommendations will be clearly identified and explained in the executive summary of the final report. The detailed supporting analysis will be provided in the body of the final report. I. SCOPE OF SERVICES R. W. Beck has conducted numerous solid waste operational reviews for local governments during the past few years. Based on this experience we have developed a format for conducting studies such as the one requested by the City of Denton. Listed below are the key activities that would be accomplished by our project team during the conduct of this study. Kick-off Meeting: Prior to commencing the study, the R. W. Beck project team would meet with key City staff. At this kick-off meeting we would discuss the project work plan, key issues to be addressed, confirm timing associated with the various project tasks, etc. At this meeting we would discuss our initial Request For Information (RFI) that we would have provided to the City staff 7 to 14 days prior to the kick-off meeting. This RFI would request that specific operating data be provided to the project team to serve as a starting point for beginning the study (tonnage records, collection information, recycling data, etc.). Solid Waste Operations Review: During the solid waste operations review, R. W. Beck will review each of the solid waste programs listed below. Under each of the programs is a listing of key issues, which will be addressed and studied with regard to each program. 5806 Mesa Drive, Suite 310 Austin, Texas 78731, Phone (512) 450-0991, Fax (512) 450-0515 EXHIBIT 1 Mr. Vance Kemler January 20, 2005 Page 2 e e Residential Garbage Collection Issues to be addressed during the review of the residential collection program (manual and cart) include but are not limited to the following: · Collection efficiency (e.g. number of houses collected per route) · Layout of routes · Staffing, including use of overtime and temporary personnel · Configuration of equipment · Vehicle maintenance · Public education · Utilization of operational reports (daily driver logs, etc.) · Other issues as identified~ Commercial Garbage Collection Issues to be addressed during the review of the commercial collection program (Dumpsters and roll- offs) include but are not limited to the following: · Collection efficiency · Configuration of equipment (side loaders, front end loaders and roll-off trucks) · Lease vs. ownership of containers by customers · Layout of routes · Staffing, including use of overtime and temporary personnel · Vehicle maintenance · Container maintenance policies · Utilization of operational reports (daily driver logs, etc.) · Billing mechanism and practices (for temporary and permanent accounts) · Other issues as identified2 Brush & Bulky Item Collection Issues to be addressed during the review of this program will include but are not limited to the following: · Configuration of equipment · Impact of seasonal waste generation · Layout of routes · Staffing, including use of overtime and temporary personnel · Vehicle maintenance · Utilization of operational reports (daily driver logs, etc.) · Setout policies · Other issues as identified 1 Oftentimes during the course of an operations review the examination of certain issues may lead the project team to identify additional items that need to be studied during the course of the operations review. This is the norm versus the exception. 2 This would include the industry practice of combining residential and commercial routes, where feasible, to maximize operational efficiencies and minimize costs. Mr. Vance Kemler January 20, 2005 Page 3 Recycling Programs (Residential and Commercial) R. W. Beck will examine the City's current recycling programs (both residential and commercial) to assist in determining the most cost effective options for the City. Issues to be addressed include but are not limited to the following: · Review the curbside recycling program ,/ Participation and set-out rates ,/ Diversion rates · Commercial recycling collection ,/ Equipment configuration ,/ Collection efficiency ,/ Customer counts ,/ Tonnages ,/ Other issues as identified Landfill Operations R. W. Beck will examine the current operational performance of the City's landfill. This examination will include a review of the capital and operating costs associated with the facility. Issues to be addressed include but are not limited to the following: · Scale house operations and processing of incoming and outgoing vehicles · Management of vehicle traffic on the landfill face · Compaction patterns, slope, and daily cover practices · Litter control and grounds keeping · Equipment utilization · Equipment maintenance process · Current staffing requirements (full-time, temporary and part-time) · Planning and timeline for landfill closure, post closure, permitting and cell design and construction · Review of the most recent closure plan and related cost estimates · High level assessment of alternative disposal processes such as bioreactors · Other issues as identified In reviewing all of these solid waste programs, R. W. Beck will compare our findings with regard to the City of Denton's operating performance with those of other cities that provide similar services to provide a "benchmark" comparison.3 Preparation of Draft Report: Once the project team's analysis has been completed we will prepare a draft report summarizing our findings and recommendations. We will then present it to the appropriate City staff for review and comment. Upon their review of the draft report we will meet with the City staff to discuss the findings and the preparation of the final report. ~ R. W. Beck has developed a current "benchmark" database of cities that will be relied upon to assist in this comparison for the City of Denton. Mr. Vance Kemler January 20, 2005 Page 4 Presentation of Final Report: Upon review of the draft report, R. W. Beck will incorporate any appropriate and relevant changes or recommendations into the final report and present it to the City in a workshop setting or at a City Council meeting. II. PROJECT TIMING AND FEES R. W. Beck understands the importance of having this study completed in a timely manner. Therefore, assuming a start date of February 1, 2005 we will commit to having the draft report completed and issued by May 31, 2005, given the timely receipt of the required financial and operational data. We would envision a final report to be issued no later than June 15, 2005. Our project team for this engagement will consist of the following individuals: David Yanke, Director Scott Pastemak, Manager Fred Doran, Senior Landfill Engineer Brent Matson, Consultant Seth Cunningham, Consultant Other consultants, as needed Administrative Support $225 per hour $170 per hour $160 per hour $110 per hour $120 per hour $90 - $150 per hour $ 40 per hour Based on the above scope of services we have priced the services described in this letter as follows: · Residential Garbage Collection $17,500 · Commercial Garbage Collection $12,500 · Brush & Bulky Item Collection $ 7,500 · Recycling Programs $10,000 · Landfill Operations $ 25,000 Out-of-pocket expenses $ 2,000 Total Cost $74,500 These costs include the cost of travel for a kick-off meeting concerning the project and a final presentation to the City Council, Public Utility Board, or meeting with City staff, as well as numerous on-site consultant workdays. The prices listed above are for a guaranteed-not-to-exceed budget of $74,500. Mr. Vance Kemler January 20, 2005 Page 5 R. W. Beck is pleased to offer these services to the City of Denton. If this letter is in agreement with your understanding of the engagement and services to be provided, please sign one copy and return it to our Austin office. If you have any questions concerning this engagement letter please call Mr. Dave Yanke at (512) 450-0991. Sincerely, R. W. Beck, Inc. David S. Yanke Principal and Client Services Director City of Denton Accepted by: Date: ORDINANCE NO. 2005- AN ORDINANCE OF THE cITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R. W. BECK, INCORPORATED, AUSTIN, TEXAS, FOR CONSULTING SERVICES PERTAINING TO THE PREPARATION OF A SOLID WASTE DEPARTMENT OPERATIONAL ANALYSIS AND REVIEW; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it to be in the public interest to engage R. W. Beck, Incorporated, a Corporation, with offices in Austin, Texas ("Beck"), to provide professional consulting services to the City, culminating in the preparation of a final report with detailed supporting operational analysis and review respecting the Solid Waste Department, in order to ensure that the department is operating in the most cost-effective and efficient manner possible; and WHEREAS, the City staffhas reported to the City Council that there is a substantial need for the above-described professional consulting services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of. professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional consulting services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with R. W. Beck, Incorporated, a Corporation, Austin, Texas office, for professional consulting services pertaining to the preparation of a f'mal report with detailed supporting operational analysis and review for the Solid Waste Department, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Beck and the ability of Beck to perform the services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. 1 EXHIBIT 2 SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Ordinances\05LR W Beck Inc-Solid Waste-Operational Review-2005.doc STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RE PREPARATION OF A SOLID WASTE DEPARTMENT OPERATIONS REVIEW THIS AGREEMENT is made and entered into as of the day of ., 2005, by and between the City &Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "OWNER") and R.W. BECK, INCORPORATED, a Corporation, with its offices at 5806 Mesa Drive, Suite 310, Austin, Texas 78731 (hereinafter "CONSULTANT"); the parties acting herein, by and through their duly-authorized officers and 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 CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with dihgence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set forth herein are in connection with the following described project: Professional consulting services for the preparation of a Solid Waste Department operations review to ensure that the department is operating in the most cost effective and efficient manner possible (the "Project"). ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: Ao To perform all those services and tasks as set forth in CONSULTANT'S proposed letter dated January 20, 2005 which is a five (5) page document from David S. Yanke, Principal of CONSULTANT to Vance Kemler, Director of Solid Waste of OWNER, which letter is attached hereto and incorporated herewith by reference as Exhibit "A". If there is any conflict between the terms Of this Agreement and the Exhibit attached to this Agreement, the terms and conditions of the Exhibit shall control over the terms and conditions of the Agreement. EXHIBIT 3 ARTICLE PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force for the period that may reasonably be required for the completion of the Project, and any required extensions approved by the OWNER; or until the monetary consideration expressed herein is wholly exhausted; or until December 31, 2005, whichever event shall first occur. 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 schedules established by the OWNER, acting through its Director of Solid Waste or his designee. ARTICLE 1V COMPENSATION A. COMPENSATION TERMS: "Direct Non-Labor Expense" is def'med as that expense, based upon actual cost, for any expense reasonably incurred by the CONSULTANT in the performance of this Agreement for airfare, taxi fare, lodging, meals while traveling, parking fees, tolls, automobile rental (when reasonably necessary), ground transportation, long-distance telephone charges, telecopy charges, printing and reproduction costs, and other incidental expenses incurred in connection with the Project. Provided however, any sub-consultant billings reasonably incurred by CONSULTANT in connection with the Project shall be invoiced to OWNER at cost plus ten (10%) percent. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT based upon the hourly rates set forth in Exhibit "A" which is attached hereto and incorporated by reference herewith; a total guaranteed fee, not to exceed $74,500. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its Assistant City Manager for Utilities or his designees; 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 ten (10%) percent of the contract mount until satisfactory completion of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not submitted to the OWNER 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. 2 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 hereinabove, without first having obtained written authorization from the OWNER. C. PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within forty-five (45) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said forty-fifth (45th) day, and in addition, the CONSULTANT may, after giving ten (10) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for ail amounts then due and owing, and not disputed by OWNER for services, expenses and charges. Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the work is unsatisfactory, in accordance with Article 1V of this Agreement. ARTICLE V 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 of its subcontractors or subconsultants. ARTICLE VI OWNERSHIP OF DOCUMENTS 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 the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VII 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 VIII INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attomeys and employees fi:om 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 fi:om the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and 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 party's 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 IX 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 A. M. Best Rate Carriers of at least an "A-" or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $1 million for each occurrence and not less than $1 million 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. Bo 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 for not less than $100,000 for each accident. Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not tess than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverage to the extent that is possible. Otherwise CONSULTANT shall furnish to OWNER within fifteen (15) days of the date of approval of this Agreement, certificates of insurance evidencing the required coverage. The insurance policies shall name the OWNER as an additional insured on all such policies to the extent legally possible, and shall contain a provision that such insurance shall not be cancelled 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 of coverage, deliver copies of any such substitute policies furnishing at least the same policy limits and coverage to OWNER. ARTICLE X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or altemate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE XI TERMINATION OF AGREEMENT ho Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty- (30) days advance written notice to the other party. Bo 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 effected 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 nonperformance or other reason(s), and not less than (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. 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 oftem-fination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article IV of this Agreement. Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and the new consultant. 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 files. CONSULTANT agrees that it shall also fully comply with any and all written requests received from the OWNER, through its Director of Solid Waste, to maintain confidentiality respecting certain designated records, documents, and other written materials related to the Project, which the OWNER reasonably determines is competitively sensitive, and would likely cause damage to the OWNER if disclosed to the public or to any other person, party, or entity. ARTICLE XII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and sub-consultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its officers, employees, agents, subcontractors, and sub-consultants. ARTICLE XIII 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 at the addresses shown below, by means of U. S. Mail, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein. To CONSULTANT: To OWNER: R.W. Beck, Incorporated Atto: David S. Yanke, Principal 5806 Mesa Drive, Suite 310 Austin, Texas 78731 City of Denton, Texas Attn: Michael A. Conduff City Manager 215 East McKinney Denton, Texas 76201 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given. ARTICLE XIV ENTIRE AGREEMENT This Agreement, consisting of nine (9) pages and one (1) Exhibit, 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 understandings, and agreements which may have been made in connection with the subject matter of this Agreement. ARTICLE XV 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 the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision. ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, roles, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be mended. ARTICLE XVII 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 XVIII PERSONNEL 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 personnel shall not be employees or officers of, nor 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. All services required hereunder will be performed by the CONSULTANT or under its direct supervision. All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XIX AS SIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER. CONSULTANT shall promptly notify OWNER, in writing, of any change of its name as well as of any material change in its corporate structure, its location, and/or its operations. ARTICLE XX MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 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, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARTICLE XXI MISCELLANEOUS A. The following Exhibit is attached to and made a part of this Agreement: Exhibit "A" --- CONSULTANT'S letter to Kemler (January 20, 2005) CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the fight to examine any pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. 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 examinations or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by and constmed in accordance with the laws of the State of Texas. For the purpose of this Agreement, the key persons who will serve as Project Manager respecting this engagement shall be David Yanke, Principal and Scott Pastemak, Manager of CONSULTANT. However, nothing herein shall limit CONSULTANT from using other qualified and competent consultants and administrative support personnel of their firm to perform the services required herein. CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof. In accomplishing the Project, 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. 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 to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement. 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. 8 IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly-authorized City Manager; and CONSULTANT has executed this Agreement by and through its duly-authorized undersigned officer, on this the __ day of ~ 2005. CITY OF DENTON, TEXAS A Texas Municipal Corporation ATTEST: JENNIFER WALTERS, CITY SECRETARY By: Michael A. Conduff, City Manager By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: ATTEST: "CONSULTANT" R. W. BECK, INCORPORATED A Corporation i "~ By: S:\Our Documents~Conn'acts\055R W Beck-PSA-Operat/ons Review-Solid Waste Dept-2005.doc 9 January 20, 2005 Via E-mail Mr, Vance Kemler Director of Solid Waste City of Denton 1527 S. Mayhill Road Denton, Texas 76208 EXHIBIT "A" Dear Mr. Kemler: R. W. Beck, Inc. is pleased to offer our services in assisting the City of Denton (City) with a solid waste operations review of the City's solid waste utility. The following letter describes the scope of services, which would be provided by R. W. Beck during the conduct of this study. In addition, we have provided a cost estimate and the timing associated with this study. The goal of this study is to review the City's solid waste utility to ensure that it is operating in the most cost effective and efficient manner possible. To the extent that findings are made by the project team that result in the issuance of recommendations that will assist in improving the solid waste utility's operating performance, these recommendations will be clearly identified and explained in the executive summary of the final report. The detailed supporting analysis will be provided in the body of the final report. I. SCOPE OF SERVICES R. W. Beck has conducted numerous solid waste operational reviews for local governments during the past few years. Based on this experience we have developed a format for conducting studies such as the one requested by the City of Denton. Listed below are the key activities that would be accomplished by our project team during the conduct of this study. Kick-off Meeting: Prior to commencing the study, the R. W. Beck project team would meet with key City staff. At this kick-off meeting we would discuss the project work plan, key issues to be addressed, confirm timing associated with the various project tasks, etc. At this meeting we would discuss our initial Request For Information (RFI) that we would have provided to the City staff 7 to 14 days prior to the kick-off meeting. This RFI would request that specific operating data be provided to the project team to serve as a starting point for beginning the study (tonnage records, collection information, recycling data, etc.). Solid Waste Operations Review: During the solid waste operations review, R. W. Beck will review each of the solid waste programs listed below. Under each of the programs is a listing of key issues, which will be addressed and studied with regard to each program. 5806 Mesa Drive, Suite 310 Austin, Texas 78731, Phone (512) 450-0991, Fax (512) 450-0515 EXHIBIT A Mr. Vance Kemler January 20, 2005 Page 2 Residential Garbage Collection Issues to be addressed during the review of the residential collection program (manual and cart) include but are not limited to the following: · Collection efficiency (e.g. number of houses collected per route) · Layout of routes · StatTmg, including use of overtime and temporary personnel · Configuration of equipment · Vehicle maintenance · Public education · Utilization of operational reports (daily driver logs, etc.) · Other issues as identified~ 2. Commercial Garbage Collection Issues to be addressed during the review of the commercial collection program (Dumpsters and roll- offs) include but are not limited to the following: · Collection efficiency · Configuration of equipment (side loaders, front end loaders and roll-offtmcks) Lease vs. ownership of containers by customers Layout of routes Staffing, including use of overtime and temporary personnel · Vehicle maintenance · Container maintenance policies · Utilization of operational reports (daily driver logs, etc.) · Billing mechanism and practices (for temporary and permanent accounts) · Other issues as identified2 Brush & Bulky Item Collection Issues to be addressed during the review of this program will include but are not limited to the following: · Configuration of equipment · Impact of seasonal waste generation · Layout of routes · Staffing, including use of overtime and temporary personnel · Vehicle maintenance · Utilization of operational reports (daily driver logs, etc.) · Setout policies · Other issues as identified ~ Oftentimes during the course of an operations review the examination of certain issues may lead the project team to identify additional items that need to be studied during the course of the operations review. This is the norm versus the exception. 2 This would include the industry practice of combining residential and commercial routes, where feasible, to maximize operational efficiencies and minimize costs. Mr. Vance Kemler January 20, 2005 Page 3 Recycling Programs (Residential and Commercial) R. W. Beck will examine the City's current recycling programs (both residential and commercial) to assist in determining the most cost effective options for the City. issues to be addressed include but are not limited to the following: · Review the curbside recycling program v~ Participation and set-out rates ~ Diversion rates · Commercial recycling collection Equipment configuration Collection efficiency Customer counts Tonnages Other issues as identified Landfill Operations R. W. Beck will examine the current operational performance of the City's landfill. This examination will include a review of the capital and operating costs associated with the facility. Issues to be addressed include but are not limited to the following: Scale house operations and processing of incoming and outgoing vehicles Management of vehicle traffic on the landfill face Compaction patterns, slope, and daily cover practices · Litter control and grounds keeping Equipment utilization · Equipment maintenance process · Current staffing requirements (full-time, temporary and part-time) · Planning and timeline for landfill closure, post closure, permitting and cell design and constmction · Review of the most recent closure plan and related cost estimates · High level assessment of alternative disposal processes such as bioreactors · Other issues as identified In reviewing all of these solid waste programs, R. W. Beck wilt compare our findings with regard to the City of Denton's operating performance with those of other cities that provide similar services to provide a "benchmark" comparison.~ Preparation of Draft Report: Once the project team's analysis has been completed we will prepare a draft report summarizing our findings and recommendations. We will then present it to the appropriate City staff for review and comment. Upon their review of the draft report we will meet with the City staff to discuss the findings and the preparation of the final report. ~ R. W. Beck has developed a current "benchmark" database of cities that will be relied upon to assist in this comparison for the City of Denton. Mr. Vance Kemler January 20, 2005 Page 4 Presentation of Final Report: Upon review of the draft report, R. W. Beck will incorporate any appropriate and relevant changes or recommendations into the £mal report and present it to the City in a workshop setting or at a City Council meeting. II. PROJECT TIMING AND FEES R. W. Beck understands the importance of having this study completed in a timely manner. Therefore, assuming a start date of February 1, 2005 we will commit to having the draft report completed and issued by May 31, 2005, given the timely receipt of the required financial and operational data. We would envision a final report to be issued no later than June 15, 2005. Our project team for this engagement will consist of the following individuals: David Yanke, Director Scott Pasternak, Manager Fred. Doran, Senior Landfill Engineer Brent Matson, Consultant Seth Cunningham, Consultant Other consultants, as needed Administrative Support $225 per hour $170 per hour $160 per hour $110 per hour $120 per hour $90 - $150 per hour $ 40 per hour Based on the above scope of services we have priced the services described in this letter as follows: Residential Garbage Collection Commercial Garbage Collection Brush & Bulky Item Collection Recycling Programs Landfill Operations Out-of-pocket expenses $17,500 $ I2,500 $ 7,5OO $10,000 $ 25,000 $ 2,00.0.. Total Cost $74,500 These costs include the cost of travel for a kick-off meeting concerning the project and a final presentation to the City Council, Public Utility Board, or meeting with City staff, as well as numerous on-site consultant workdays. The prices listed above are for a guaranteed-not-to-exceed budget of $74,500. Mr. Vance Kemler January 20, 2005 Page 5 R. W. Beck is pleased to offer these services to the City of Denton. If this letter is in agreement with your understanding of the engagement and services to be provided, please sign one copy and return it to our Austin office. If you have any questions concerning this engagement letter please call Mr. Dave Yanke at (512) 450-0991. Sincerely, R. W. Beck, Inc. (~ Principal and Client Seh~ices Director City of Denton Accepted by: Date: CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES January 24, 2005 DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, January 24, 2005, at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Bob Bland, George Hopkins, Charldean Newell, Dick Smith EXCUSED: John Baines Bill Cheek Phil Gallivan EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM/Utilities CONSENT AGENDA: 1) Consider approval of Bid No. 3282 from ABB, Inc to enter a three-year agreement for the purchase of distribution switchgear and control buildings for substations in an amount not to exceed $1,482,021. 2) Consider approval of Bid No. 3240 from Barco Construction, Inc. to enter into a three-year agreement for the purchase of underground electric service installation for Denton Municipal Electric in an amount not to exceed $1,000,000). 3) Consider approval of Bid No. 3262 from Greenville Transformer Company, Inc. for the purchase of distribution transformer repair services for Denton Municipal Electric in an amount not to exceed $140,588. 4) Consider approval of a professional services agreement with R.W. Beck, Incorporated for professional consulting services to provide the Solid Waste Department with an operational review in an amount not to exceed $75,000. Board Member Dick Smith moved to approve Consent Agenda Items 1-4, with a second from Board Member Bob Bland. The motion passed by a vote of 4-0. Page 1 ofl EXHIBIT 4 AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET February 22, 2005 Economic Development Mike Conduff~ SUBJECT Consider approval of a resolution of the City Council of the City of Demon, Texas, authorizing the Mayor, as represemative of the City, to issue a letter designating the Demon Children's Coalition Success by 6®, as "Local Council" for the purposes of application for Early Learning Opportunities Act (ELOA) discretionary gram funds; to designate the United Way of Demon County as fiscal agem for the "Local Council"; and providing an effective date. BACKGROUND The Early Learning Opportunities Act was passed by Congress to support and expand early learning opportunities for children and their families. It was also designed to facilitate the developmem of community-based systems of collaborative service delivery models. The United Way's Success by 6® program was initiated in 2000 as a collaborative effort to support early childhood developmem. The Demon Children's Coalition Success by 6® would like to apply for these funds to support local services. ESTIMATED PROJECT SCHEDULE The ELOA gram application is usually due in mid-summer. Funds should be available by fall 2005. Additional funding may also be requested from other sources. PRIOR ACTION/REVIEW (Councils, Boards, Commissions) N/A FISCAL INFORMATION The United Way of Demon County will act as the fiscal agem for the gram. The City of Demon would not be involved in grant administration and would not provide any funding for the activities funded through an ELOA gram unless they are curremly funded through the City's human services budget. EXHIBITS 1. Copy of Resolution Respectfully submitted: Linda Ratliff Director of Economic Development Prepared by: Barbara Ross Community Development Administrator RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR, AS REPRESENTATIVE OF THE CITY, TO ISSUE A LETTER DESIGNATING THE DENTON CHILDREN'S COALITION SUCCESS BY 6®, AS "LOCAL COUNCIL" FOR THE PURPOSES OF APPLICATION FOR EARLY LEARNING OPPORTUNITIES ACT (ELOA) DISCRETIONARY GRANT FUNDS; TO DESIGNATE THE UNITED WAY OF DENTON COUNTY AS FISCAL AGENT FOR THE "LOCAL COUNCIL"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Early Learning Opportunities Act (ELOA) provides grams to local councils to help develop, operate, or enhance volumary early learning programs for children; and WHEREAS, a local group of agencies, parems, community leaders, school district staff, United Way, and Child Care Services have formed a partnership called the Demon Children's Coalition Success by 6®; and WHEREAS, for a group to apply for ELOA grams it must be designated as a "local council" by the appropriate governmental entity; and WHEREAS, the council of the City of Demon finds that it is in the public imerest to designate Demon Children's Coalition Success by 6® as the "local council" for purposes of application for ELOA grams and that the United Way of Demon County should be designated as fiscal agem for the "local council" and; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the Mayor of the City of Demon, Texas, is authorized to designate Demon Children's Coalition as "Local Council" and to designate the United Way of Demon County as fiscal agem for the purposes of obtaining ELOA gram funds by issuing a letter substamially in the form of the letter attached as Exhibit "A", that is too be included in the ELOA gram application by the Demon Children's Coalition Success by 6®. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Resolutions\0 5\ELOAgrantdesignation.doc 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Fire Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas approving and authorizing the Mayor to execute an interlocal fire investigation agreement between the City of Denton, City of Gainesville, City of Bowie, Wise County, Montague County, Cooke County, and Denton County for fire investigative and prosecutorial cooperation in connection with arson and other criminal cases; and declaring an effective date. BACKGROUND The interlocal agreement for fire investigation will allow for the above mentioned agencies to establish a cooperation through the development of a task force designed to combat the crime of arson and its associated offenses. Each agency agrees to provide arson and explosive detection, investigative, and prosecutorial capabilities to each other as the need arises. The crime of arson requires experts in the field of cause and origin and investigations. These experts require extensive training that comes at a high cost to each entity. Most governmental entities do not have an abundant supply of fire investigators. This requires agencies to combine their efforts as the need arises. The task force will allow each agency to deploy needed resources to the scene to more effectively assist one another in the determination of the cause of a fire. These occurrences are rare but when they occur the group effort is necessary. Currently we have been participating in the Denton County Arson Task Force. This agreement will replace our participation in the DeNon County Arson Task Force. Chief Jones and Chief Weldon with the Fire Prevention Division are members of the ATF Dallas Arson Task Force. As members of the ATF task force we are eligible for reimbursemem for over time and or supplies used while assisting them. Most of our participation is through our involvement with the ATF Arson Task Force. OPTIONS: Approve ordinance amendmem or deny ordinance amendmem. RECOMMENDATION: Staff recommends the approval of the proposed amendment to the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions): Approval received from the City of Gainesville, Wise County, Denton County, Cook County, City of Bowie and Montague County. FISCAL INFORMATION: The agreement will have no fiscal impact. EXHIBITS: Ordinance Agreement Respectfully submitted: Ross Chadwick Fire Chief S:\Our Documcnts\Ordinances\05\Arson Task Force Agreement.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY, WISE COUNTY, COOKE COUNTY, MONTAGUE COUNTY, CITY OF GAINSVILLE, AND THE CITY OF BOWIE FOR PURPOSE OF PARTICIPATING IN THE NORTH CENTRAL TEXAS ARSON TASK FORCE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, there is a need for investigative and prosecutorial cooperation in suspected arson cases in Denton County, Wise County, Cooke County, Montague County, City of Gainsville, City of Bowie, and City of Demon; and WHEREAS, these entities wish to cooperate in arson investigations within the North Central Texas Arson Task Force; and WHEREAS, this agreement complies with Texas Government Code Section 791 as to interlocal agreements; and WHEREAS, any funds to pay for services shall be from currem revenues and adequately compensate for the services provided; and WHEREAS, the council of the City of Denton hereby finds that this agreements serves a public purpose; and NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of DeNon hereby approves an Agreemem between the City of Denton and Denton County, Wise County, Cooke County, Montague County, City of Gainsvile, and the City of Bowie for the purpose of participating in the North Central Texas Arson Task Force, a copy of which is attached hereto and incorporated by reference herein. The Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute this Agreemem on behalf of the City. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR S:\Our Documcnts\Ordinances\05\Arson Task Force Agreement.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: NORTH CENTRAL TEXAS ARSON TASK FORCE INTERLOCAL AGREEMENT STATE OF TEXAS CITY OF DENTON () () This Agreement is entered into by and between Denton County, Wise County, Cooke County, Montague County, City of Gainesville, City of Bowie, and City of Denton (hereinafter referred to collectively as the "Parties"). The Parties execute this Agreement as hereinafter provided pursuant to the Interlocal Agreement Act, Texas Government Codq, section 791.011, et seq., and the Texas Local Government.....CQ.~e, section 362.002, et seq., and all other applicable statutes. WHEREAS, there is a need for investigative and prosecutorial cooperation in suspected arson cases in Denton County, Wise County, Cooke County, Montague County, City of Gainesville, City of Bowie, and City of Denton; WHEREAS, the Parties hereto have determined that the best possible method for attacking the arson problem within Denton County, Wise County, Cooke County, Montague County, City of Gainesville, City of Bowie, and City of Denton is an agreement establishing such cooperation by way of a Task Force; and WHEREAS, the Parties desire to enter into this Agreement to provide investigative and prosecutoria! cooperation in connection with arson and other criminal cases; and WHEREAS, each party is authorized to perform the services contemplated herein the Parties for the mutual consideration hereinafter stated, agree and understand as follows; NOW THEREFORE, The Parties execute this Agreement for the purpose of providing arson and explosive detection, investigative, and prosecutorial capabilities to each other as the need arises. II. The City of Gainesville Fire Marshal will be the coordinator of the North Central Texas Arson Task Force created by this Agreement, and the City of Gainesville Fire Marshal's Office will be the central repository of the Parties' executed counterparts of this Agreement. III. When requested by one party to this Agreement, another party to this Agreement may provide available members of its fire and explosive investigative unit to investigate and perform follow- through prosecution duties regarding fires or explosions of suspicious origin or unknown causes within the requesting jurisdiction. While engaged in such activities, employees of the responding party shall be under the rules of the requesting party and the direction and supervision of the requesting party's officer in charge of the investigation. The availability of a party's officers shall be determined by the responding partyt IV. While any responding party investigative officer is in the service of the requesting party, he or she shall be considered an investigative officer of the requesting member and be under the command of the requesting party's department head or the department head's designee, with all the powers of a regular investigative officer of the requesting party, as fully as though he or she were within the territorial limits of the governmental entity where he or she is regularly employed and his or her qualifications, respectively, in the job position for the local governmental entity by which he or she is regularly employed, shall constitute his or her qualifications for the position within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. In performing duties under this agreement, each party will comply with all necessary federal, state and local laws, regulations and ordinances, including those relating to disposal of property acquired from grant funds. VI. The party regularly employing the investigative officer shall pay all wages and disability payments, pension payments and payments for damages to equipment and clothing of that officer while he or she is involved in activities pursuant to this Agreement the same as though the services had been rendered within the jurisdiction wherein the investigative officer is regularly employed. The requesting party shall have no obligation to reimburse the responding party for such costs unless reimbursement is required under the Local Government Code ~ 362.003(c). VII. Any request for assistance under this Agreement shall include a statement of the amount and type of equipment and number of personnel requested and shall specify the location to which the equipment and personnel requested are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be determined by the responding party's department head or department bead's designee. VIII. The department head of the responding party, or department bead's designee, in his or her sole discretion, may at any time withdraw his or her personnel or equipment or discontinue participation in any activity initiated pursuant to this Agreement. IX. A party to this Agreement may unilaterally terminate its participation in this Agreement only after providing not less than ninety (90) days' written notice of termination to the other parties. This Agreement may be terminated at any time by the written mutual agreement of the Parties. In the event that any person performing services pursuant to this Agreement shall be cited as a party to a state or federal civil lawsuit arising out of the performance of those services, that person shall be entitled to the same benefits that he or she would be entitled to receive if such civil action had arisen out of the performance of his or her duties as a member of the department where he or she is regularly employed and in the jurisdiction of the party by which that person is regularly employed. XI. Each party to this Agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. XtI. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate state statutes, municipal ordinances or laws of the State of Texas or any political subdivision thereof. XIII. This agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XIV. 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. XV. This Agreement may be amended or modified only by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. XVI. This Agreement may be signed in multiple counterparts and shall be binding on the Parties when duly authorized by the governing bodies of such Parties and such Parties~ duly authorized representatives and delivered to the North Central Texas Arson Task Force Coordinator. XVII. This Agreement contains all commitments and agreements of the Parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. XVIII. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have all necessary authority to execute this Agreement on behalf of the parties, 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. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective upon execution and dating by all of the Parties. CITY OF Denton, TEXAS Euline Brock,' Mayor Date: APPROVED AS TO FORM: Herb Prouty, City Attorney APPROVED AS TO CONTENT: Rick Jones, Fire Marshal Date: AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET February 22, 2005 Engineering Jon Fortune, Assistam City Manager SUBJECT Consider adoption of an Ordinance approving an abandonmem of Street Right-of-Way for a portion of Woodrow Lane adjacem to a 0.510-acre tract of land as described in deed from Thomas W. Whiltlock to William L. Mitchell. II, and David J. Moraine, as recorded under Clerk's Documem Number 2004-1871, Real Property Records , DeNon County, Texas, and being located in the J. Brock Survey, Abstract Number 55, Denton County, Texas, and providing an effective date. BACKGROUND William Mitchell has requested the City of Demon to abandon the portion of Street Right-of- Way for Woodrow Lane that affects the above memioned developmem tract. An Alternative Design Plan for the developmem tract (109-113 Woodrow Lane) was approved by City Council in January subject to the right-of-way abandonmem of a 0.003 acre strip of land between the proposed 40'0" right-of-way and the property line of the developmem tract, as well as a variance from the subdivision requiremems on secondary arterial right-of-ways from 55'0" for Woodrow Lane to 40'0". The right-of-way variance was approved by Planning and Zoning on January 26, 2005. The abandonmem and the variance allow a screening wall for his parking area along the property line. In order for the screening wall to be in a straight line it is necessary to eliminate a bow in the property line by the abandoning the 0.003-acre strip of right-of-way. The owner of the property has agreed to pay fair market value for the abandonmem portion of Woodrow Lane in the amoum of $953.96. The abandonmem will be subject to the remaining approval of the final plat for the development, prior to execution of the Right Of Way Abandonmem Quit Claim Deed. Staff performs an analysis on requests for easemem abandonmem as follows: · Is the property tract requested for abandonmem considered "excess right-of-way"? · Does the property tract requested for abandonmem have a cominued public use? · Is it in the best imerest of the general public to abandon the governmem's rights in the subject abandonmem tract? · Would the graining of this request establish a precedem for right-of-way abandonmem for future requests? Staff findings on this analysis are as follows: 1. The right-of-way tract requested fits the criteria of excess right-of-way. Excess right-of- way is defined as: Property acquired or used by the City for right-of-way and subsequemly declared excess (not needed for the Project, road or streetscape). 2. There are currently no public facilities installed in the proposed abandonment tract; therefore there is no continued public use. 3. Abandonment is in the public interest because the area for subject abandonment no longer has a compelling future public use. This abandonment would not set a precedent because the above three standards have been met. OPTIONS 1. Approve the Ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the Ordinance. ESTIMATED PROJECT SCHEDULE Spring, 2005. PRIOR ACTION/REVIEW Approval January 4, 2005 of ADP04-0005 (Office Building for William Mitchell) FISCAL INFORMATION The owner will pay $953.96 for the 0.003 acre strip of right-of-way based on the market value of $7.30/square foot as indicated in the appraisal obtained for this transaction dated January 7, 2005. ATTACHMENTS Location map Draft Ordinance Request Letter Prepared By: Respectfully submitted: Pamela England Real Estate Specialist Kelly Carpenter Acting Director Engineering Department MCKINNEY J-MED LTD INC CAGLE, SHAWN W g s SIM ¢IONS, JAMES III & JOANN -- SHIPLEY*~ % PERRITT, RICKY SIMMONS, J{ MES III 8, JOANNE SHIPLEY DENION, COUNTY OF PERRITT, RICKY APF LE CREEK PARTNERSHIP LP 1~,\ BUCHANAN, BRYAN O O ~ ~tTCHELL, WILLIAM L It & DENTON, COUNTY OF FRY, ERIC Y & H CHERt beg e n d; ; Mitchell Right of Way arcels S:\Our Documents\Ordinances\05hMitchell ROW Abandonment Ordinance. DOC ORDINANCE NO. AN ORDINANCE APPROVING AN ABANDONMENT OF STREET RIGHT-OF-WAY FOR A PORTION OF WOODROW LANE ADJACENT TO A 0.510-ACRE TRACT OF LAND AS DESCRIBED IN DEED FROM THOMAS W. WHILTLOCK TO WILLIAM L. MITCHELL, II, AND DAVII) J. MORAINE, AS RECORDED UNDER CLERK'S DOCUMENT NUMBER 2004-1871, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING LOCATED IN THE J. BROCK SURVEY, ABSTRACT NUMBER 55, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Mitchell, II and David J. Moraine have made a request to the City Council of the City of Denton, Texas to abandon a portion of Woodrow Lane containing approximately 0.003 acre of land as more particularly described in Exhibit "A" and illustrated on Exhibit "C" attached hereto and made a part hereof by reference (the "Abandoned Area") that lies adjacent to a 0.510 acre tract of land as described in deed from Thomas W. Whiltlock to William L. Mitchell. II, and David J. Moraine (the "Adjacent Owners"), as recorded under Clerk's Document Number 2004-1871, Real Property Records, Denton County, Texas (the "Adjacent Property"); and WHEREAS, the City of Denton Engineering Depamnent has reviewed the abandonment request and has determined that the Abandonment Area is not needed for current or future street purposes; and WHEREAS, the Adjacent Owners have made application for a variance to the City's subdivision regulations to reduce the fight-of-way requirement for Woodrow Lane from a 55 foot right-of-way to a 40 foot wide right-of-way (the "Variance Request"); and WHEREAS, the City Council hereby finds and determines that the Abandonment Area is not needed for street purposes and it is in the public interest to abandon the Abandonment Area, if and when the Variance Request is approved, and upon payment by the Adjacent Owners to the City of the fair market value of the Abandonment Area as determined by an appraiser obtained by the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENT°N HEREBY ORDAINS: SECTION 1. The findings and recitations contained ha the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Abandonment Area is abandoned upon the occurrence of the following conditions precedent (the "Conditions Precedent"): a. The Variance Request is approved; and The Adjacent Owners pay to the City the fair market value of the Abandonment Area as determined by an appraiser obtained by the City Manager or his designee. SECTION 3. Once the City Manager or his designee determines that the Conditions Precedent have been fulfilled, he is authorized to execute and deliver to the Adjacent Owners a quit claim deed, quit claiming unto the Adjacent Owners all of the City's fight, title and interest in and to the Abandonment Property, in substantially the same form as the quit claim deed attached hereto and made a part hereof as Exhibit "C" (the "Quit Claim Deed"). The execution and delivery of the Quit Claim Deed shall evidence that the Conditions Precedent have been fulfilled and the abandonment of the Abandonment Property is complete. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ., 2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROU~T~, CITY ATTORNEY BY: ~~ Page 2 EXHIBIT "A" RIGHT-OF4NAy ABANDONMENT FIELD NOTES 0.O03 ACRE conveye<l by deed to William L Mib~eil, I! and David J. Mera~ recorded under ~~_~.~. Number 2(X)4-187~, Real Property Records, Denton County, Texas, more parti~ descri~ as follows: BEGINNING at ~.~ ~ found for comer in ttle east line of Woodrow lane, a public roadway nga nght-of-way of 80.0 feet, said point being the southwest ?xas ~ng k) the plat thereof recorded in Cabinet 8, Page 145, Plat Records, Denton ~, Texas; THENCE S 01' 07' 42" E, 80.31 feet with said east line of said Woodrow Lane to THENCE S 01".27' 03" W, 74.62 feet with said east line of said Woodrow lane to Addition, an addition to the City of Denton, Denton County, Texas accorclir~ to the plat thereof recorded in Cabinet Q, Page 242, Plat Records, ~ County, Texas; THENCE N 00' 06' 50" E, 154.90 feet to the PLACE OF BEGINNING and ~ning 0.003 acre of land. EXHIBIT . THOMAS W. WHIL TL OCK TO. WILLIAM' L. MITCHELL, ti DA V~ J. DOC. - R.P.R.D.C,T., 16' P.U.E.' . I , O.i.W;.::', ~ -A.BA ND.ONMEN' T EXHIB/ · ' EXH/£1T A .4je,~.. l-.~$ NORTH · DENTON, TEXAS. 76207' EXHIBIT "C" QUIT CLAIM DEED THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas (the "Grantor"), in consideration of the sum of Ten Dollars and No Cents ($10.00) and other good and valuable consideration in hand paid by the William L. Mitchell, II and David J. Moraine of the County of Denton, State of Texas (the "Grantee"), the receipt of which is hereby acknowledged, does by these presents, QUIT CLAIM unto Grantee, its successors and assigns, all its right title and interest in and to that certain tract or parcel of land containing approximately 0.003 acre lying in the City of Denton, County of Denton and State of Texas, described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and made a part by reference (called the "Property"). TO HAVE AND TO HOLD all of Grantor's right, title and imerest in and to the Property unto the Grantee, its successors and assigns forever, so that neither Grantor nor its successors or assigns shall have, claim or demand any right or title to the Property or appurtenances or any part thereof. Witness my hand, this the __ day of ,2005. CITY OF DENTON, TEXAS By: ATTEST: JENNIFER WALTERS, CITY SECRETARY Michael A. Conduff City Manager BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Contracts\05~litch¢ll Quit Claim Deed.doc THE STATE OF TEXAS § COUNTY OF DENTON § ACKNOWLEDGMENT This instrument was acknowledged before me on ., Michael A. Conduff, City Manager, of the City of Denton, Texas, on behalf of said city. 2OO5 by Notary Public, in and for the State of Texas. My Commission Expires: Page 2 Russell L. Bates, Architect NCARB Michael A. Bates, Architect Dee Bush, ASID November 18, 2004 City of Denton Engineering Department 601 E. Hickory St,, Ste. B DentgS, TXZ~5 Attention Paul Williamson Reference Right of Way Abandonment We are in the process of requesting an Alternative Design Plan for 109 - 113 Woodrow Lane, Denton. This property wilt be platted as one lot after the ADP is approved. We are proposing a realignment of the property line to eliminate a "belly" between the existing 40'-0" R.O.W. and the property tines. We have proposed this realignment with DRC, Bud Vokoun and Don McLaugh~in have looked at this respectively and have no objections. Dudng the platting process a tegal description of the strip and a fair market value based on the amount paid per square foot by the Owner for the existing ~ots will be provided for your consideration. Thanks, cc; Donna Bateman 1300 North Locust (940) 387-4881 Denton, Texas 76201 Fax (940) 383-1842 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an Ordinance approving a Right-Of-Way Use and Encroachmem Agreemem between the City of DeNon and the University of North Texas to allow boring under existing City public utility easemems and public right-of-way that will accommodate the installation of Electric Facilities between University of North Texas Properties located on the east and west sides of Bonnie Brae Street; and providing an effective date. BACKGROUND The University of North Texas has requested permission to bore under Bonnie Brae street right- of-way and a City public utility easemem for the installation of underground electric utility lines and appurtenances between University of North Texas property on the east and west sides of Bonnie Brae to provide additional electrical services for the new softball fields and related improvemems. The plans and specifications for the proposed electric facilities will require approval of the Development Review Committee, and City Construction Inspectors will monitor the installations. OPTIONS 1. Approve the Ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION Not Applicable ATTACHMENTS Location Map Ordinance Request letter from U.N.T. Prepared by: Pamela G. England Real Estate & Capital Support Division Respectfully submitted: Kelly Carpenter, Director Planning Department ORDINANCE NO. AN ORDINANCE APPROVING A RIGHT-OF-WAY USE AND ENCROACHMENT AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS TO ALLOW BORING UNDER EXISTING CiTY PUBLIC UTILITY EASEMENTS AND PUBLIC RIGHT-OF-WAY THAT WILL ACCOMMODATE THE INSTALLATION OF ELECTRIC FACILITIES BETWEEN LINT PROPERTIES LOCATED ON THE EAST AND WEST SIDES OF BONNIE BRAE STREET; AND DECLARING AN EFFECTIVE DATE THEREOF. WHEREAS, the City of Denton has received a request from UNT for the installation of electric facilities under existing City Public Utility Easements and Public Right of Way pursuant to a Right-of-Way Use and Encroachment Agreement, a copy of which is attached to this ordinance (the "Agreement"); and WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed the requested construction project and recommended approval; and WHEREAS, the Council of the City of Denton, Texas has found and determined that the Agreement is in the public interest; and 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. SECTION 2. The Agreement is hereby approved and the City Manager or his designee is hereby authorized to execate the Agreement on behalf of the City of Denton. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 1 APPROVED AS TO LEGAL FORM: HerbertBY: L.~. Page 2 RIGHT-OF-WAY USE AND ENCROACHMENT AGREEMENT TillS AGREEMENT is entered into effective as of the date set forth below by and between the City of Denton, Texas, a home rule municipal corporation (the "City") and the University of North Texas, Texas State University ("UNT"). WHEREAS, UNT, has requested permission to bore under Bonnie Brae street right-of-way and a City public utility easement (the "City Right-of-War') for the installation of underground electric utility lines and appurtenances (the "Electric Facilities") between UNT property on the east and west sides of Bonnie Brae with such boring being at the bore location shown on the drawing attached hereto and made a part hereof by reference as Exhibit "A" (the "Encroachment Area"); and WHEREAS, The City of Denton, Texas ("City") hereby grants permission for UNT to locate, maintain and repair the Electric Facilities within the Encroachment Area, subject to the following terms and conditions: 1. The Electric Facilities shall be constructed in such a manner as not to interfere with the City's use of the City Right-of-Way and shall be limited to and constructed only in accordance with the plans and specifications that are approved in advance in writing by the City ("Plans and Specifications'). When referring to the Electric Facilities within this agreement such tcn:m shall mean the Electric Facilities constructed in accordance with the Plans and Specifications. The eonstmction method shall be by boring underneath the street surface and electric easement at a minimum depth approved by the City, which depth will be shown on the Plans and Specifications. The City reserves the right to hmit and/or to require specific construction methods within the Encroachment Area. These limitations or construction methods shall be included in the construction plans and specifications for any work perfOrmed with/n the Encroachment Area. In addition, UNT shall provide adequate inspection and coordination with the City to insure the contractor adheres to these items during construction. 2. The Electric Facilities are subordinate to the City's use of the City Right-of-Way, including without limitation, utilities and street improvements located now or in the future within the Encroachment .Area. h~ the event the City repairs, expands, or adds to its facilities within the Encroachment Area, and in the City's sole opinion it is necessary that the Electric Facilities be modified, removed or relocated, in whole or in part, to accommodate such repairs, expansion or addition, UNT shall, at its sole cost, modify, remove or relocate the Electric Facilities, as directed by the City, no later than 120 days after City gives UNT written notice. 3. To the extent permitted by law, UNT shall defend, indemrdfy and hold harmless the City, its employees and agents from and against any and all claims, expenses, (including attorney fees), damages, losses and judgments arising out of or incident to the presence, construction, operation and maintenance of the Electric Facilities. In addition, UNT shall require that its contractor provide and maintain throughout the installation of the Electric Utilities, general liability insurance in an amount equal to at least $500,000 per occurrence, naming the City of Denton, its officers and employees as additional insureds. Prior to commencing any work within the Encroachment Area UNT shall dehver to the City an insurance certificate evidencing such insurance which certificate will be in a form approved by the City, and shall provide that the insurance may not be cancelled or modified until the City has been given at least 30 days advance written notice of cancellation or modification. Such certificate shall also provide a waiver of subrogation in favor of the City, its officers and employees. 4. UNT and its contractor will prevent construction equipment from damaging existing City facilities or public utilities located within the Encroachment Area and adjacent areas. 5. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on or in the Encroachment Area. 6. The City wilt not be responsible for any costs of construction, operation and maintenance of UNT Electric Facilities. It is further agreed that the City shall not be liable for any damage to the Electric Facilities as a result of the City's use of the City Right-of-Way. If any City property is damaged or destroyed by UNT or its agents it may be repaired or replaced by the City at UNT expense and payment is due upon UNT's receipt of an invoice from the City. 7. Blasting is not permitted on the Encroachment Area or adjacent areas. 8. Because the Electric Facilities will be installed by boring within the Encroachment Area, the surface should not be disturbed. However, should the surface be disturbed UNT will cause the surface to be restored to the condition it was in prior to the installation of the Electric Utilities. Spoil dirt and all trash shall be removed. 9. The Encroachment Area and City Right-of-Way shall be protected from washing and erosion by a method approved by the City. 10. Construction equipment and materials shall not be stored on the Encroachment Area. 11. It is understood and agreed that, in case of default by UNT or its contractors or agents in any of the terms and conditions herein stated and such default continues for a period often (10) days after the City notifies UNT of such default, the City may at its election forthwith terminate this Agreement and upon such termination all of UNT's fights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the Electric Facilities. 12. This agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Dated to be effective as of the __ day of ., 2005 (the "Effective Date"). CITY OF DENTON, TEXAS Page 2 BY: MICHAEL A CONDUFF CITY MANAGER 215 E. McKinney Denton, Texas 76201 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO..FORM: HERBERT L. ~Y, CITY/A~TORNEY BY: ~ ///~ UNIVERSITY OF NORTH TEXAS APPROVED AS FORM: BY: Name Title: BY: ACKNOWLEDGEMENT Page 3 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on ,2005 by Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of such municipality. Notary Public in and for the State of Texas My Commission Expires: ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on ......... 2005 by. , the for the University of North Texas, on behalf of the University of North Texas. Notary Public in and for the State of Texas My Commission Expires: Page 4 82/ei/2005 15:55 9483697447 "UNrvERSZTY NORTH °f TExas UNT FACILITIES HAINT M£MORANDUM February !, 2005 TO: Pamela England City of Denton Real Estate and Capital Support FROM: SUBJECT: Glen Haul0old University of North Texas Utilities Maintenance Manager . Right of Way Use Agreement UNT provides ut/l/ties to the Eagie Point development fonn a utiI2y eorr/dorjust east of Bonnie Brae. Future growth needs d/mate the extension of the.UNT Ut/lity duct bank from the PreSent location at the entrance driveway south to serve the new Tennis Center, "Recreational Fields, and ultimately,· Liberty ChriStian. it~el£ · Permission for a branch extension under Bonnie Brae is requested from the City'of Denton for the purpose of providing utilities to the new Baseball Complex just north of the existing L~berty Christian. field. ' The extension will consist of (4) 4" PVC pipes directionalty bored under Bonnie Brae. Th~mk you for your assistance. · The l~.adb,.f unit,ersi~, of the Dallm-Frn.t Worth region 2204 W. Pta/tic. P.O. Fa.,: (940} 565-4650 * TTY PAGE 82/82 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Fire Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance approving an Imerlocal Ambulance Agreemem between the City of DeNon and the City of Ponder for ambulance service; and declaring an effective date. BACKGROUND The Imerlocal Agreemem for Ambulance Service between the City of DeNon and the City of Ponder began in 1980 and provides for the continuation of emergency medical services to the small cities within our service area. The revenue generated from ambulance transport fees only recovers a portion of our actual costs to provide service to the small cities. Since 1998, the City has incrememally increased the charge to small cities to help recover the actual cost of providing the service. In addition to the increasing cost of providing ambulance service, the number of ambulance runs being made to small cities has cominued to slightly increase. The proposed per capita charge of $18.00 combined with the ambulance transport fees still recovers only a portion of the City's costs to provide that service. In 2004, the City of Denton responded into the Ponder area 116 times. We anticipate a slight increase of emergency responses to Ponder in 2005 and estimate 130 calls. This ongoing imerlocal agreemem is often delayed by the City of Ponder's legal approval process as well as approval by their City Council. We submit the agreemem to the City of Ponder as part of the City of Denton's budget process; however, it often takes several months to receive it back. Even though the contract is approved after its starting date, the agreement still remains effective from October 1, 2004 with no reductions in revenues. OPTIONS Approve ordinance amendmem or deny ordinance amendmem. RECOMMENDATION Staff recommends the approval of the proposed amendment to the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council approved this agreement last year and in all years since 1980. changed from $17.00 per capita in FY03-04 to $18.00 in FY04-05. derived from the Ponder City Secretary has remained at 522. The contract amount has The population total as On February 1, 2005, the City Council discussed the Small Cities Emergency Ambulance Program and gave Staff direction to continue the program and to continue to raise rates each year with the eventual goal of full cost recovery. FISCAL INFORMATION Cost recovery from this agreement will total $9,396.00 for FY04-05. Respectfully submitted: Ross Chadwick Fire Chief ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of DeNon hereby approves an Imerlocal Agreemem for Ambulance Service between the City of DeNon and the City of Ponder, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute said Agreemem on behalf of the City. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documcms\Ordinanccs\04\ambulancc service-ponder.doc INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Ponder would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safety Code (Vernon 1992) and the tnterlocal Cooperation Act, Tex. Gov't Code Ann, §791.001, et seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Ponder have the authority to perform the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann. §791.011(c)(2); and WHEREAS, the City of Ponder will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Ponder hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WITNESSETH This Agreement is made on the ~ day of ,2004, between the City of Denton, Texas ("Denton"), and the City of Ponder ("Ponder"). The parties agree as follows: 1. Definitions. Eme~ency Medical Service.q or ~ means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Ponder. Denton shall provide emergency medical services to Ponder in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Ponder shall be communicated to Denton in the manner specified by Denton. 3, Discretion in Providing E.M.S. Ponder understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Ponder, to determine: C tIX)CLrME~ IktlshovaxkLOCALS~ P, Temphrabulance contract-ponder.dm (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Ponder, Ponder agrees to pay to Denton the sum of $9,396.00 for fiscal year 2004-2005 based on a population of 522 multiplied by $18.00. The population figure used is based on the most recent figure available from the Ponder City Secretary's office. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January I, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Ponder during any period of time Ponder is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Ponder, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordinance of Denton. 6, Governmental Immunity Not Waived. Neither Denton nor Ponder waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October 1, 2004 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8, Termination; Default. Either party may terminate this Agreement at any time without cause by giving 90 days advance notice in writing to the other, specifying the date of term/nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Ponder shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: City Manager City of Denton 215 E. McKinney To Ponder: Mayor City of Ponder P.O. Box 297 Page 2 of 4 Denton, Texas 76201 Ponder, Texas 76259 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party, 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. 12. Venue. 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. EXECUTED on the day of ................... 2004. CITY OF DENTON, TEXAS BY: EULINBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 of 4 CITY OF PONDER ATTEST: SECRETARY MAYOR Page 4 of 4 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Fire Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance approving an Imerlocal Ambulance Agreemem between the City of DeNon and the City of Sanger for ambulance service; and declaring an effective date. BACKGROUND The Imerlocal Agreemem for Ambulance Service between the City of DeNon and the City of Sanger began in 1980 and provides for the cominuation of emergency medical services to the small cities within our service area. The revenue generated from ambulance transport fees only recovers a portion of our actual costs to provide service to the small cities. Since 1998, the City has incrememally increased the charge to small cities to help recover the actual cost of providing the service. In addition to the increasing cost of providing ambulance service, the number of ambulance runs being made to small cities has cominued to slightly increase. The proposed per capita charge of $18.00 combined with the ambulance transport fees still recovers only a portion of the City's costs to provide that service. In 2004, the City of DeNon responded imo the Sanger area 605 times. We amicipate a slight increase of emergency responses to Sanger in 2005 if we cominue to provide service. This ongoing imerlocal agreemem is often delayed by the City of Sanger's legal approval process as well as approval by their City Council. We submit the agreemem to the City of Sanger as part of the City of Denton's budget process; however, it often takes several months to receive it back. Even though the contract is approved after its starting date, the agreement still remains effective from October 1, 2004 with no reductions in revenues. OPTIONS Approve ordinance amendmem or deny ordinance amendmem. RECOMMENDATION Staff recommends the approval of the proposed amendment to the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council approved this agreement last year and in all years since 1980. The contract amount has changed from $17.00 per capita in FY03-04 to $18.00 in FY04-05. The population total of 4,800 was obtained from the North Central Texas Council of Governments. On February 1, 2005, the City Council discussed the Small Cities Emergency Ambulance Program and gave Staff direction to continue the program and to continue to raise rates each year with the eventual goal of full cost recovery. FISCAL INFORMATION Cost recovery from this agreement will total $86,400.00 for FY04-05. Respectfully submitted: Ross Chadwick Fire Chief ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of DeNon hereby approves an Imerlocal Agreemem for Ambulance Service between the City of Demon and the City of Sanger, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute said Agreemem on behalf of the City. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documcnts\Ordinanccs\05\Ambulancc Agrccmcm-Sangcr.doc INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Sanger would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safety Code (Vernon 1992) and the Interlocal Cooperation Act, Tex. Gov't Code Ann. {}791.001, et seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Sanger have the authority to perform the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann. §79t.011(c)(2); and WHEREAS, the City of Sanger will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Sanger hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WiTNESSETH Agreement This Agreement is made on the __ day of City of Denton, Texas ("Denton"), and the City of Sanger ("Sanger"). _, 2004, between the The parties agree as follows: 1, Definitions. Emergency Medical Services or E.Mg_ means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. 2. Denton t o Provide E MS to S anger. Denton shall provide emergency medical services to Sanger in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Sanger shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Sanger understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Sanger, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4, Service Fee. In consideration for providing emergency medical services to Sanger, Sanger agrees to pay to Denton the sum of $86, 400.00 for fiscal year 2004-2005 based on a population of 4,800 multiplied by $18.00. The population figure used is contained in the latest edition of the North Central Texas Council of Govermnents estimate for January 1, 2003. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Sanger, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton nor Sanger waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October 1, 2004 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving 90 days advance notice in writing to the other, specifying the date oftem~ination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Sanger shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. Ail notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: City Manager City of Denton 215 E. McKinney Tn ,~nn~er: Mayor City of Sanger P.O. Box 1729 Page 2 of 4 Denton, Texas 76201 Sanger, Texas 76266 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. 12. Venue. 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. EXECUTED on the day of ,200& CITY OF DENTON, TEXAS BY: EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CITY OF SANGER Page 3 of 4 ATTEST: SECRETARY Page 4 of 4 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Fire Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance of the City of DeNon, 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 adjacem to the newly annexed City property in the southwest portion of Teasely (FM 2181) as shown on the attached map. In 2003, Denton County requested that the City of Denton provide fire protection to the designated area due to Mayhill-Cooper Creek's cominuing lack of sufficiem 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 the new DISD high school on FM 2181 and Old Alton Road since the City of Denton's response time to the area is much quicker than Lake Cities Fire Department. This comract will be for a period of one year. This ongoing imerlocal agreemem 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. Even though the contract is approved after its starting date, the agreement still remains effective from October 1, 2004 with no reductions in revenues. OPTIONS: Approve ordinance amendmem or deny ordinance amendmem. RECOMMENDATION: Staff recommends the approval of the proposed amendment to the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions): On February 1, 2005, the City Council discussed the Fire Contract with Denton County Program and gave Staff direction to continue the agreement for FY2004/2005. FISCAL INFORMATION: DeNon County will pay the City $10,000 upon execution of the proposed agreemem and reimburse the City for each fire call at the rate of $368.10 per fire call. The annual estimate for the comract is $30,184.20. EXHIBITS: Ordinance Agreement District Map Respectfully submitted: Ross Chadwick Fire Chief S:\Our Documcms\Ordinancos\04\firo protoction agroomcm county.doc ORDINANCE NO. 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. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Demon hereby approves an Agreemem 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 Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute this Agreemem on behalf of the City. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and emered imo this day of, ,2005, by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the City of DeNon, a municipal corporation, located in DeNon County, Texas, hereinafter referred to as "AGENCY". 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 DeNon 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 service and related services for the benefit of the citizens of the district; and WHEREAS, this Contract involves governmental functions that each party individually can perform; and WHEREAS, the amount paid by County for this service is to be made from current revenues available to it and that amount fairly compensates Agency for the services and functions performed by it; and WHEREAS, AGENCY is the owner and operator of certain fire protection vehicles and other equipmem designed for the extinguishing of fire and prevemion 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 equipmem; 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 Sections 352.001 and 352.004, Local Govemmem Code, NOW, THEREFORE, COUNTY and AGENCY, for the mutual promises, covenants, agreements and consideration stated herein, agree as follows: I. TERM The term of this agreement shall be for the period of October 1, 2004 to and through September 30, 2005. FIRE CONTRACT 2003-04 ~1 II. SERVICES The services to be rendered in accordance with this Agreement by AGENCY are the fire protection services normally rendered by AGENCY to citizens of the district but which services will now be extended to all citizens of COUNTY residing in the unincorporated areas of 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 COUNTY 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, 110 West Hickory, Denton, Texas 76201. This form will serve as the billing statement to COUNTY for reimbursement of FIRE CONTRACT 2003-04 2 calls made in the unincorporated designated area. The DeNon 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 equipmem and personnel, and the judgmem of any such officer or employee as to any such matter shall be the final determination. iii. LiASON 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 Agreemem and shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreemem 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 Agreemem the sum of TEN THOUSAND AND NO/100THS DOLLARS ($10,000.00), payable upon execution of this agreement, and the further sum of THREE HUNDRED SIXTY- EIGHT AND 10/100TH DOLLARS ($368.10) per fire call in the designated unincorporated areas of COUNTY from October 1, 2004 to September 30, 2005. The total of all payments by COUNTY to AGENCY pursuant to this Agreement is estimated to be $30,184.20. COUNTY will make no paymem to AGENCY for service provided outside the agreed service district FIRE CONTRACT 2003-04 3 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. RADIOS As additional compensation to AGENCY, COUNTY has transferred ownership of a STX 800 Mhz radio to AGENCY in carrying out the terms of this contract. No agreement has been made for any additional radios now or in the future, which has been previously provided in earlier contracts for use by AGENCY. VII FINANCIAL RECORDS AGENCY agrees to make available its financial records, relevant to this contract, for audit and/or review as may requested or required by COUNTY. Viii RESPONSIBILITY OF COUNTY COUNTY 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.. IX. RESPONSIBILITY OF AGENCY AGENCY 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. X. 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 Section 352.001 and 352.004. 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. FIRE CONTRACT 2003-04 4 XI. 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 often (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. XII 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 of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XIII. 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. FIRE CONTRACT 2003-04 5 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 AGENCY and COUNTY. XV. LAW OF CONTRACT This agreement and any of its terms and provision, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XVI. 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. XVII. AUTHORITY The undersigned officer and/or agents of the parties hereto are the property authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. By the signature of its duly authorized official hereto, the COUNTY assures the AGENCY that the County Auditor has certified that sufficient funds are available within the current County budget to make all payments and meet all the financial obligations of this Contract and these funds are available to pay the obligation when due in accordance with Section 111.093(c) of the Local Government Code V.T.C.A. XVIII. SERVICE AREA Acceptance of this contract constitutes approval of the service area set out in attached Exhibit "A". FIRE CONTRACT 2003-04 6 EXECUTED in duplicate originals, this the __ day of 2005. COUNTY Demon County, Texas 110 West Hickory Demon, Texas 76201 AGENCY City of Demon 215 E. McKinney Demon, Texas 76201 By Mary Horn Demon County Judge By Euline Brock Mayor Acting on behalf of and by the authority of Demon County Commissioners Court of Denton County, Texas. ATTEST: BY: Demon County Clerk Cymhia Mitchell APPROVED AS TO FORM: Assistam District Attorney Acting on behalf of and by the authority of the City of Demon ATTEST: BY: Jennifer Walters City Secretary APPROVED AS TO FORM: BY: ~_~}~'~ ~ ~-'~ Herbert L. Prouty ~"/- City Attorney APPROVED ASTO CONTENT: Demon County Fire Marshal FIRE CONTRACT 2003-04 7 AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ accomplish and pay the obligation of Denton County under this contract. to Date: James Wells, Denton County Auditor FIRE CONTRACT 2003-04 8 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Fire Jon Fortune, Assistant City Manager SUBJECT: Consider adoption of an ordinance of the City of DeNon, 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 DeNon County within the designated area (see map). Each year a new agreemem and ordinance is presemed to the DeNon City Council for the next fiscal year approving the fee the County will pay to the City of DeNon 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 Cemral Texas Council of Governments. The total estimated fee of $188,055.00 is based on the funding formula rations as follows: 1. A fixed readiness sum for population based on .484751233 per capita for an estimated maximum amoum of $52,778.79. 2. A sum of $399.5615764 per ambulance run for an estimated maximum amoum of $41,554.40. This sum is based upon the number of runs made in the County areas for fiscal year 2004. 3. A fixed sum based on 211.83 rural miles in the agreed operating territory for an estimated maximum amoum of $93,584.18. This ongoing imerlocal agreemem 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. Even though the contract is approved after its starting date, the agreement still remains effective from October 1, 2004 with no reductions in revenues. OPTIONS: Approve ordinance amendmem or deny ordinance amendmem. RECOMMENDATION: Staff recommends the approval of the proposed amendment to the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions): On February 1, 2005, the City Council discussed the Ambulance Contract with Denton County and gave Staff direction to continue the program through FY2004/2005. FISCAL INFORMATION: The estimated ambulance fee for the County is $188,055.00, which is less than the last contract amount of $249,671.01 due to the reduction in the covered area and the loss of square miles in the county formula and a reduced number of calls to the area. EXHIBITS: Ordinance Agreement District Map Respectfully submitted: Ross Chadwick Fire Chief S:\Our Documcnts\Ordinancos\04~ambulanco agreement coun/y.doc ORDINANCE NO. 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. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Demon hereby approves an Agreemem between the City of Demon and Demon County for ambulance services, a copy of which is attached hereto and incorporated by reference herein. The Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute this Agreemem on behalf of the City. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered into this __ day of ., 2005, by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the City of Demon, a municipality, located in Demon County, Texas, hereinafter referred to as "AGENCY". 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 Demon County; and WHEREAS, AGENCY is a municipality, 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 the district; and WHEREAS, this Contract involves governmental functions that each party individually can perform; and WHEREAS, the amount paid by County for this service is to be made from current revenues available to it and that amount fairly compensates Agency for the services and functions performed by it; and WHEREAS, AGENCY is an owner and operator of certain ambulance vehicles and other equipmem 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 use of such vehicles and equipment; and WHEREAS, COUNTY desires to obtain emergency ambulance and related services for the benefit of residems of COUNTY living in unincorporated areas of COUNTY which AGENCY is capable of providing; and INTERLOCAL COOPERATION AGREEMENT A~B ULAiqCE SERVICES 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 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, NOW THEREFORE, COUNTY and AGENCY, in consideration of the mutual promises, covenants, and agreements stated herein, agree as follows: I. TERM The term of this agreement shall be for the period of October 1, 2004 to and through September 30, 2005. 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; INTERLOCAL COOPERATION AGREEMENT A~B ULAiqCE SERVICES 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 municipality, 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 the district in circumstances of emergency but which services will now be extended to all citizens of COUNTY residing in the unincorporated areas of 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. IV. PERFORMANCE OF SERVICES 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 INTERLOCAL COOPERATION AGREEMENT 3 A~B ULAiqCE SERVICES 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. 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. COMPENSATION COUNTY agrees to pay to AGENCY an estimated fee of $188,055.00 based on a funding formula as follows: 1. A fixed readiness sum based on population based on .484751233 per capita of $52,916.41. 2. The sum of $399.5615764 per ambulance run for an estimated maximum amount of $41,554.40. This sum is based upon the number of runs made by AGENCY in fiscal year 2004. 3. A fixed sum based on 211.83 rural miles in the agreed operating territory of $93,584.18. 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, INTERLOCAL COOPERATION AGREEMENT 4 A~B ULAiqCE SERVICES 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, relevant to this contract~ available for audit and/or review by COUNTY upon request by COUNTY. INTERLOCAL COOPERATION AGREEMENT A~B ULAiqCE SERVICES IX. RESPONSIBILITY OF COUNTY COUNTY 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 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 often (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 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 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 INTERLOCAL COOPERATION AGREEMENT 6 A~B ULAiqCE SERVICES written or oral. parties. This agreement may be amended only by written instrument signed by both 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. XVI. 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 agems of are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of AGENCY and COUNTY. EXECUTED in duplicate originals, this the __ day of 2005. COUNTY: AGENCY: Denton County, Texas 110 West Hickory Demon, Texas 76201 By: Mary Horn Denton County Judge City of Demon 215 E. McKinney Demon, Texas 76201 By:. Euline Brock Mayor Acting on behalf of and by the authority of Demon County Commissioners Court of Denton County, Texas. Acting on behalf of and by the authority of the City of Demon INTERLOCAL COOPERATION AGREEMENT A~B ULAiqCE SERVICES ATTEST: BY: Denton County Clerk Cynthia Mitchell ATTEST: BY: Jennifer Walters City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: Assistant District Attorney BY: Herbert L. Prouty City Attorney APPROVED ASTO CONTENT: Denton County Fire Marshal INTERLOCAL COOPERATION AGREEMENT A~B ULAiqCE SERVICES AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $. accomplish and pay the obligation of Denton County under this contract. to Date: James Wells, Denton County Auditor INTERLOCAL COOPERATION AGREEMENT A~B ULAiqCE SERVICES AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: February 22, 2005 Electric Utility Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas providing for the Amendmem of the Industrial Developmem Rider (Schedule IDR) to the schedule of electric rates comained in Ordinance No. 2004-386; the purpose of which amendment to the above recited rate schedule IDR being to clearly express the policy of the City Council regarding the qualification for such rate; providing for a repealer; providing for a severability clause; and providing an effective date. (The Public Utilities Board recommended approval by a vote of 4-0) BACKGROUND DME has had an Industrial Developmem Rider (IDR) included in its Rate Schedules for many years. As it's name indicates, this rate rider has always been intended as a tool to facilitate economic growth in Denton by encouraging industrial growth. Industrial growth provides the direct advamage of expansion of the City's ad valorem tax revenue. This revenue increase can be used by the City governmem to provide City services. The only requirement for qualification stated in the existing Schedule IDR is qualification for either the GSL or TGS rate schedules and an addition of metered demand of 225 KVA or 200 KW. That qualification has been adequate to accomplish the intent of the IDR until recently. However, as the City has grown, tax exempt entities such as DISD and UNT have begun to make some very large additions to their facilities. The new DISD high school and athletic field and the UNT Victory Hall project are examples of such facilities. None of these facilities fall in the category of industrial growth. Furthermore, since DME is required by law to provide both universities in Denton with a 20% discount on their electric bills, providing the IDR discount on top of the legally mandated discount is inappropriate. The attached Schedule IDR has been updated to provide a clear statemem of the purpose of the IDR and add the requirements that; · An emity must be subject to City of Demon ad valorem tax and; · Not receive any other discounts on their electric service, other than the discounts for primary meter service defined in the GSL or the TGS rate schedules. OPTIONS 1. Approve the attached Schedule IDR as written. 2. Approve a new Schedule IDR with only one of the two suggested additional requiremems. 3. Leave the existing Schedule IDR in place. RECOMMENDATION DME recommends approval of the attached Schedule IDR. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board approved this item at their January 24, 2005 meeting by a vote of 4 to 0. FISCAL INFORMATION None EXHIBITS 1. Schedule IDR 2. Minutes Respectfully submitted, Sharon Mays Director of Electric Utilities ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE AMENDMENT OF THE INDUSTRIAL DEVELOPMENT RIDER (SCHEDULE IDR) TO THE SCHEDULE OF ELECTRIC RATES CONTAINED IN ORDINANCE NO. 2004-386; THE PURPOSE OF WHICH AMENDMENT TO THE ABOVE RECITED RATE SCHEDULE IDR BEING TO CLEARLY EXPRESS THE POLICY OF THE CITY COUNCIL REGARDING THE QUALIFICATION FOR SUCH RATE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has included an Industrial Development Rider in its electric rate schedules for a number of years. This rate schedule has always been intended as a method to facilitate economic growth in the City by encouraging its industrial growth; and WHEREAS, this amendment to ordinance amends electric rate Schedule IDR to provide additional qualifications for an electric ratepayer to qualify for the rate. The ratepayer must be subject to City of Denton ad valorem tax payment and the ratepayer must not receive any other discounts on their electric service, other than the discounts for primary meter service as defined in the General Service Large or the General Service Time of Use rate schedules; and WHEREAS, the City Council finds that this ordinance is in the best interests of the citizens of the City of Denton; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the recitations contained in the above and foregoing paragraphs of this ordinance are incorporated herewith and are true and correct. SECTION 2. That the Industrial Development Rider which is attached to Ordinance No. 2004-386 for electric service, and as provided for in Chapter 26 of the Code of Ordinances, is hereby amended and replaced by the Industrial Development Rider (Schedule IDR) which is attached hereto and incorporated herewith by reference, so as to properly reflect the three (3) qualifications which the City Council now requires of a ratepayer in order to obtain the IDR rate. SECTION 3. That 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 4. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or 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. EXHIBIT 1 SECTION 5. That this ordinance shall become effective, charged, and applied to all services occurring on and after the date hereof', and a copy of said fees and charges shall be maintained on file in the office of the City Secretary. PASSED AND APPROVED this the day of ,2005. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our DocumentsSOrdinances\05L2005 Electric-IDR Amendment.doc 2 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES January 24, 2005 DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, January 24, 2005, at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Bob Bland, George Hopkins, Charldean Newell, Dick Smith EXCUSED: John Baines Bill Cheek Phil Gallivan EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM/Utilities ITEMS FOR INDIVIDUAL CONSIDERATION: 6) Consider approval of clarifications to the Denton Municipal Electric ("DME") Industrial Development Rider (Schedule IDR). Sharon Mays, Director of Electric Utilities, presented this item. DME has had an Industrial Development Rider (IDR) in its Rate Schedules for many years. The IDR was intended as a tool to facilitate economic growth in Denton by encouraging industrial growth. The only requirement for qualification stated in the existing Schedule IDR is qualification for either the GSL or TGS rate schedules and an addition of metered demand of 225 KVA or 200 KW. That qualification has been adequate to accomplish the intent of the IDR until recently. However, as the City grows, tax exempt entities such as DISD and UNT have begun to make some very large additions to their facilities. The new DISD high school and athletic field and the UNT Victory Hall project are examples of such facilities. None of these facilities fall in the category of industrial growth. Furthermore, since DME is required by law to provide both universities in Denton with a 20% discount on their electric bills, providing the IDR discount on top of the legally mandated discount is inappropriate. Page 1 of 2 EXHIBIT 2 The IDR has been updated to provide a clear statement of the purpose of the IDR and add the requirements that; · An entity must be subject to City of Denton ad valorem tax and; · Not receive any other discounts on their electric service, other than the discounts for primary meter service defined in the GSL or the TGS rate schedules. Board Member George Hopkins moved to approve clarifications to the DME Industrial Development Rider, with a second from Board Member Bob Bland. The motion was approved by a vote of 4-0. Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: February 22, 2005 Utilities Administration Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas providing for the amendmem of the Schedule of Water Rates in Ordinance No. 2004-256; amendmem of the Schedule of Wastewater Rates in Ordinance No. 2004-257; amendment of the Schedule of Solid Waste Rates in Ordinance No. 2004-258; and amendment of the Schedule of Electric Rates in Ordinance No. 2004-386; the purpose of which amendmem to the above recited rate ordinances being to remove all reference to any provision dealing with the proration of billing of such accoums, it being the policy of the City of DeNon, Texas to no longer provide for proration of utility billing accoums; providing for a repealer; providing for a severability clause; and providing an effective date. (The Public Utilities Board recommends approval by a vote of 4-0) BACKGROUND In December 2004, the Public Utilities Board recommended Electric Rate Ordinance 2004-386 to the DeNon City Council for approval. The ordinance was based on a rate design structure DeNon Municipal Electric (DME) had been working through for several momhs. As part of the rate design the decision was made to remove the 30-day prorating of facility charges and usage and replace with a per bill amoum. This was done to simplify the utility bill for the customer, as it is often difficult to calculate a momhly bill when prorating is involved. Also, because some electric meters are read automatically and water meters are read manually there can be a difference in billing days at times. In order to simplify the utility bill for the customer, staff is recommending removal of all references to prorating of utility bills for water, wastewater, and solid waste in order to be consistem with the electric rate ordinance. Facility charges and volume incremems would be based on a per bill rate and not 30-day prorating. Due to the change in number of days billed there will be some loss of revenue. The estimated loss in facility and collection revenues is $50,000 for water, $34,000 for wastewater, and $63,000 for solid waste. The loss is based on 7 momhs that comain 31 days instead of 30, as well as, February that contains fewer than 30 days. As presented in the FY 2005 budget discussions, the water and wastewater staffs have completed the cost of service study and will be using the information to make any necessary rate adjustments during the upcoming budget cycle. Any loss of revenue will be reviewed to determine if rate adjustmems need to be made. Solid Waste is currently completing a cost of service study and will, as well, use this information to determine if rate adjustments are necessary to recover any loss of revenue due to eliminating prorating. Staff believes the loss of revenue is offset by customer satisfaction through a simpler and more understandable billing process. SUMMARY Staff is recommending the elimination of prorating in the water, wastewater and solid waste rate structure. RECOMMENDATION Staff recommends approval of the proposed ordinances. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board approved this item at their January 24, 2005 meeting by a vote of 4-0. Staff briefed the Council in a memo dated January 27, 2005. EXHIBITS 1. Rate Ordinance Eliminating Prorating 2. Minutes Respectfully submittted: Howard Martin, ACM Utilities ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVDING FOR THE AMENDMENT OF THE SCHEDULE OF WATER RATES IN ORDINANCE NO. 2004-256; AMENDMENT OF THE SCHEDULE OF WASTEWATER RATES IN ORDINANCE NO. 2004-257; AMENDMENT OF THE SCHEDULE OF SOLID WASTE RATES IN ORDINANCE NO. 2004-258; AND AMENDMENT OF THE SCHEDULE OF ELECTRIC RATES IN ORDINANCE NO. 2004-386; THE PURPOSE OF WHICH AMENDMENT TO THE ABOVE RECITED RATE ORDINANCES BEING TO REMOVE ALL REFERENCE TO ANY PROVISION DEALING WITH THE PRORATION OF BILLING OF SUCH ACCOUNTS, IT BEING THE POLICY OF THE CITY OF DENTON, TEXAS TO NO LONGER PROVIDE FOR PRORATION OF UTILITY BILLING ACCOUNTS; PROVDING FOR A REPEALER; PROVDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Rate Schedules for water service as provided for in Chapter 26 of the Code of Ordinances, and as provided by Ordinance No. 2004-256 are hereby amended and revised so as to delete any references to the subject of proration of billing; it being the intention of the City Council to no longer provide for the proration of water utility billings. SECTION 2. That the Rate Schedules for wastewater service as provided for in Chapter 26 of the Code of Ordinances, and as provided by Ordinance No. 2004-257 are hereby amended and revised so as to delete any references to the subject of proration of billing; it being the intention of the City Council to no longer provide for the proration of wastewater utility billings. SECTION 3. That the Rate Schedule for solid waste service as provided for in Chapters 24 and 32 of the Code of Ordinances, and as provided by Ordinance No. 2004-258 are hereby amended and revised so as to delete any references to the subject of proration of billing; it being the intention of the City Council to no longer provide for proration of solid waste department billings. SECTION 4. That the Rate Schedule for electric service as provided for in Chapter 26 of the Code of Ordinances, and as provided by Ordinance No. 2004-386 are hereby amended and revised so as to delete any references to the subject of proration of billing; it being the intention of the City Council to no longer provide for proration of electric utility billings. SECTION 5. The City Council has elected to make the billing of the electric, water, and wastewater utility bills, and solid waste department bills simple, uniform, and consistent and has chosen to eliminate any reference to proration regarding water, wastewater, solid waste, and electric bills. SECTION 6. That 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. EXHIBIT 1 SECTION 7. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or 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. That this ordinance shall become effective, charged, and applied to all services occurring on and after the date hereof; and a copy of said fees and charges shall be maintained on file in the office of the City Secretary. PASSED AND APPROVED this the day of ., 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Ordinances\05~2005 Water-Wastewater-Solid Waste-Electric Rate Amendment. doc 2 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES January 24, 2005 DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, January 24, 2005, at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Bob Bland, George Hopkins, Charldean Newell, Dick Smith EXCUSED: John Baines Bill Cheek Phil Gallivan EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM/Utilities ITEMS FOR INDIVIDUAL CONSIDERATION: 7) Consider approval to amendments to the Water Rate Ordinance (No. 2004-256), Wastewater Rate Ordinance (No. 2004-257), Solid Waste Rate Ordinance (No. 2004-258), and Electric Rate Ordinance (No. 2004-386) for the purpose of removing those provisions relating to the proration of utility bills, except for those prorations that pertain only to the first and last month's service. Gary Calmes, Utilities Financial Administrator, presented this item. Staff is recommending the elimination of prorating in the water, wastewater and solid waste rate structure, except for first and last months' bills, which would be prorated based on the number of days in the month the service was turned on or turned off. Board Member George Hopkins moved to approve a recommendation for no prorating, not even first or last month's bills, with a second from Board Member Dick Smith. The motion was approved by a vote of 4-0. Page 1 of 1 EXHIBIT 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: February 22, 2005 City Manager's Office Mike Conduff, City Manager SUBJECT Consider adoption of an ordinance ordering an election to be held in the City of DeNon, Texas, on May 7, 2005, and, if a runoff election is required, on June 11, 2005 for the purpose of electing council members to Places, 1, 2, 3, and 4 of the City Council of the City of DeNon, Texas, designating voting places and appoiming election officials, providing for bilingual notice of the election, ordering that an electronic voting system be used, making additional provisions for the conduct thereof, providing an open meetings clause, and providing for an effective date. BACKGROUND Approval of this ordinance would formally call the May 7, 2005 City Council election. The ordinance comains all of the provisions necessary to fulfill the requiremems of the Texas Election Code, including election judges and alternate election judges. Respectfully submitted: Jennifer Walters City Secretary ORDINANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 7, 2005, AND, I1~ A RUNOFF ELECTION IS REQUIRED, ON JUNE 11, 2005, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO PLACES 1, 2, 3 AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC voTING SYSTEM BE USED; .MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. TIlE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That a municipal election is.ordered to be held in the City of Denton, Texas, on Saturday, May 7, 2005, such date being a uniform election date as defined in Tex. Elec. Code §41.001, as amended (the "Code") for the purpose of electing Council members for Places 1, 2, 3 and 4. In the event a runoffis required, the runoff election shall be held on Saturday, June 11, 2005. SECTION 2. That the polling places, which shall be open from 7:00 a~m. to 7:00 p.m., shall be as follows: 1. Voters residing in District No. 1 shall vote at: MARTIN LUTHER KING, Jl~ RECREATION CENTER 1300 WILSON STREET DENTON, TEXAS 2. Voters residing in District No. 2 shall vote at: DENTON NORTH BRANCH LIBRARY 3020 NORTH LOCUST DENTON, TEXAS 3. Voters residing in District No. 3 shall vote at: NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS 4. Voters residing in District No. 4 shall vote at: DENIA RECREATION CENTER I001 PARVIN DENTON, TEXAS SECTION 3. That the election officials for the election and the runoff, if any, shall be as follows: For the Central Counting Station: Connie Bell, Presiding Judge; Don Alexander, Manager; and Randie Geistman, Tabulation Supervisor. 2. For District No. 1: Ruby Cole, Presiding Judge and Betty Kimble, Alternate Judge. 3. For District No. 2: Doris Chipman, Presiding Judge and Mary Mecay, Altemate Judge. For District No. 3: Meri Baskin, Presiding Judge and Dorothy Alderdice, Alternate Judge. For District No. 4: Stanley Sawyer, Presiding Judge and Shirley Sawyer, Alternate Judge. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election Code. 7. Connie Bell shall be Presiding Judge for the Early Ballot Board. The presiding judge of the Central Counting Station and of each district are authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual assistants as required by law. The rate of pay for election judges and clerks shall be the maximum amount provided for by State law. SECTION 4. That early voting shall be conducted for the election, and the runoff election if necessary, by the Office of the City Secretary in the Municipal Building at 215 East McKinney Street in the City of Denton, Texas. The polls for early voting bypersonal appearance shall be open between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, commencing on April 20, 2005, and ending on May 3, 2005. In addition, early voting shall be held on Saturday, April 23, 2005, between the hours of t0:00 a.m. and 3:00 p.m., at the same location as weekday early voting. SECTION 5. That the Mayor is hereby directed to provide notice of the election, and the runoff election if necessary, in accordance with Sections 4.002 and 4.003 of the Texas Election Code and as required by other applicable provisions of the law, the notice to be printed in the Spanish language and the English language. SECTION 6. That an electronic voting system, using optically scarmed ballots, meeting the requirements of Chapter 124 of the Code, shall be used for said election. Preparation of the necessary equipment and official ballots for the election shall conform to the requirements of the Texas Election Code. SECTION 7. That the City Secretary is authorized to prepare the official ballot for the election and perform every act required by the City Charter and laws of the State of Texas for holding elections. Page 2 SECTION 8. The election officers named above shall make returns for the election in the manner required by law. The ballots that are properly marked in conformance w/th the provisions of the Texas Election Code for votes cast both during the period of early voting and on the day of the election shall be counted in the manner required by law. SECTION 9. That the manner of holding such election and all questions pertain/ng thereto shall be governed by the election laws of the State of Texas. SECTION 10. Substantial copies of this ordinance in both English and Spanish shall serve as proper notice of the election and said notice shall be: (a) published at least once in a newspaper of general circulation published within the City, not less than the thirtieth day or later than the tenth day before the election; (b) posted, not later than the twenty-first day before the election day, at a pubhc place in each election district that is in the jurisdiction of the city; (c) posted, not later than the twenty-first day before election day a copy of this notice, which must include the locations of each polling place, on the bulletin board used for posting notices of meetings of the City Council of the City, or (d) posted, as may otherwise be required by Tex. Elco. Code §4.003 and other applicable law. SECTION 11. That it is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as requked by the Open Meetings Act, as amended Tex. Gov't Code, ch. 551 and that a quorum of the City Council was present. SECTION 12. That this ordinance shall become effective mediately upon its passage, publication, and approval. PRESENTED AND PASSED on the __ day of February, 2005, at a regular meeting of the City Council of the City of Denton, Texas, by a vote of__ ayes and __ nos. PASSED AND APPROVED this the day of ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY / Page 3 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET February 22, 2005 Legal Department Herbert L. Prouty, City Attorney SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHOR/ZING SETTLEMENT OF LITIGATION STYLED PATRICK ROBINSON v. CITY OF DENTON, TEXAS, ETAL, CAUSE NO. 2003-60130-393, FILED IN TIlE 211TH DISTRICT COURT OF DENTON COUNTY; AUTHORIZING THE CITY MANAGER AND THE CITY'S ATTORNEYS TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS, AND TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTWE DATE. BACKGROUND: In 2003, Patrick Robinson filed suit against the City of Denton, Donaeiano Camargo, and Kansas City Southern Railway Company for injuries he allegedly received in an accident that occurred in 2002 involving a commercial solid waste track being driven by Mr. Camargo. OPTIONS: Execute the Compromise Settlement Agreement and Release of All Claims or continue defending the City of Denton and Mr. Camargo on appeal. RECOMMENDATION: The Legal Department recommends that the City Council authorize the City Manager to execute the Settlement Agreement and Release of Ail Claims for reasons previously addressed in closed session. PRIOR ACTiON/REVIEW (Council~ Boards, Commissions): This matter was presented to the Council in executive session in February 2005, November 2004, October 2004, June 2004, and February 2004. FISCAL INFORMATION: The settlement, as discussed in closext session, will be paid out of the Risk Retention Fund. Respect~ info shee~-robinmn.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF LITIGATION STYLED PATRICK ROBINSON v. CITY OF DENTON, TEXAS, ET AL, CAUSE NO. 2003-60130-393, FILED IN THE 211TM DISTRICT COURT OF DENTON COUNTY; AUTHORIZING THE CITY MANAGER AND THE CITY'S ATTORNEYS TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS, AND TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby approves the settlement and release of all claims in litigation styled Patrick Robinson v. City of Denton, et al., Cause No. 2003-60130-393, currently pending in the 2I 1th District Court of Denton County, Texas, in accordance with the terms outlined in closed session on February 1, 2005; SECTION 2. That the City Manager and the City's Attorneys are hereby authorized to act on the city's behalf in approving and executing any and all documents, and to take other actions necessary, to finalize the settlement and release of claims; SECTION 3. That the City Manager is hereby authorized to expend the funds in accordance with the settlement; and SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ^s Cgl)ocum~m and gffaln~xJraDRA~p~b'mron Sc-~t~ement Ordinance.doc, AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - SI04-0035 (Street Tree Regulations) Hold a public hearing and consider adoption of an ordinance amending Subchapter 35.13 (Site Design Standards) of the DeNon Developmem Code. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicam: City of DeNon With the adoption of the Developmem Code February 2002, City Council approved Subchapter 35.13 - Site Design Standards. This subchapter refers to the physical attributes development must install. The Planning and Zoning Commission held a public hearing on November 11, 2004 and cominued the public hearing to January 12, 2005 and made a recommendation to City Council to incorporate modifications of the Street Tree Regulations into Subchapter 35.13 of the Denton Development Code. The Commission recommended approval (6-0). OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommended approval (6-0). ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW N/A ATTACHMENTS 1. Staff'Analysis 2. Minutes from the November 10, 2004 Planning and Zoning Commission Meeting 3. Minutes from the January 12, 2005 Planning and Zoning Commission Meeting 4. Draft Ordinance Prepared by: Stephen Cook, AICP Planning Policy Coordinator Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis History In response to development challenges due to the street tree requirement, staff was asked to research and offer an alternative regulation. The issues included: Current standards are a one size fits all and do not take into account: · Spacing from utilities and other apparatus including water, sanitary & storm sewers and service lines, electric lines, transformers, street poles, fire hydrants, sidewalks, curbs, street signs and mail boxes. O O Street trees should not inhibit access to fire hydrants. Street trees should not inhibit solid waste vehicles from access to commercial or residential containers. © Street trees should accommodate street lighting. © Width of lot - Distance and spacing requirements for utilities (water, wastewater, and storm drainage) coupled with width requirements of driveways makes it difficult to plant street trees 30 feet apart on lots 50 feet wide or less. © Ownership of right-of-way · TXDOT does not allow trees in State right-of-ways. Current standards do not require much advanced planning for residential street tree design. © A Street Tree Plan is not required. © Most developers require the builder to plant street trees as individual houses are built. Most subdivisions are built out by more than one builder, which hinders coordination of street tree plantings. © Most builders do not take utility location into account when planting street trees. © Odd shaped lots may result in an inability to plant street trees unless planned for in advance. © Species selection (per block or per subdivision) is not required resulting in a haphazard design. Alternatives Staff has drafted modifications to the street tree regulations. The changes include: · Exempts estate style single-family subdivisions that exhibit designs characteristics off © lot frontages greater than 100' wide, and © greater than 1 acre in size, and © utilize barrow ditches as drainage along street frontage. · Street tree plan requirement, which may be a separate plan, part of a master landscape plan, or utility plan (for spacing requiremems). · Minimum spacing requirements from utilities. · Spacing range for street trees along narrow lot subdivisions. · Species diversity requiremem - with species delineated by the City of Demon Tree List. · Maimenance requiremem for property owners, with reinforcemem by the City of Demon in times of emergency, lack of property maimenance, or public property. Review of Regulations Staff has encouraged review of these modifications from the City's Streets, Water, Wastewater, Code Enforcement, Fire Prevention, Police, Parks and Electric Departments. input received from these departmems reveals ongoing policy and funding implications to maintain street trees in the short and long term. A notice of the Planning and Zoning Commission public hearing regarding the amendmem to Subchapter 13 - Site Design Standards was primed in the Sunday, October 31 st issue of the Demon Record-Chronicle. Policy Implications Long-Term Over the time period of implementing the street tree regulations, future policy direction may be needed to assist in the city-wide maintenance of maturing trees. Potential policy issues include: · Funding and employing a City Arborist/Horticulturist/Forester to inspect and ensure proper planning, design and installation of street trees and root barrier systems. · Further fund a street tree crew as recommended by the Raise-the-Bar campaign to maintain existing trees and to properly care for and maintain future growth in street trees. · Link tree preservation funds to replacement of street trees damaged by utility upgrades and maintenance and to installation of street trees in existing neighborhoods and corridors. · Monitor and fund street sweeping activities in accordance with need as newly installed trees age and shed a larger volume of leaves. Recommendation Staff recommends approval of the amendment to the street tree regulations as submitted. incorporation of these changes will allow: · Greater flexibility in design and implememation of street trees within developments, · Added spacing protection of underground utilities from the encroachment of tree root systems; and · Higher level of definition for the care and maintenance of street trees. Text Change in the Denton Development Code - (Underlined text highlight additions) All development, with the exception of estate style single-family subdivisions shall be required to plant street trees in accordance with the following standards and in accordance to the Site Design Criteria Manual. Estate style single-family subdivisions are those subdivisions having lot frontages greater than 100' wide and contain lots greater than 1 acre in size, and utilize barrow ditches as drainage along streets, on public or private streets. The Director of Planning and Development may approve alternative plans due to special site conditions, which may, for reasons such as safety, site conditions, or existing trees on the lot, affect the ability to meet these regulations. Street Tree Plan. All development shall be required to submit a master street tree plan noting location, number, and species of trees to be used within the development. Location. Street trees shall be located between the street and sidewalk, except in cases where there is a designated planting strip in the fight-of-way, or the sidewalk is greater than eight (8) feet wide and designed to accept trees in tree wells. 3. Number and Spacing. Street trees shall be planted by the following requirements: a. Spacing along street Single Family Residential - spacing of street trees within single-family residential developments shall be conducted as follows: (a) One (1) tree per lot, evenly spaced, for developments with lots less than 60 linear feet of street frontage. (b) Two (2) trees per lot, evenly spaced for developments with lots greater than 60 linear feet of street frontage. (c) Comer lots for all single-family developments shall require two or more street trees, evenly spaced, depending on the length of frontage on each street for such lots. Multi-Family Residential, Townhome and Non-residential Developments - spacing of street trees within multi-family residential, townhome or non-residential developments shall be one (1) tree for every 45 linear feet of street frontage. iii Comer lots - street trees on comer lots for all developments shall be located a minimum of twenty-five (25) feet from the property comer adjacent to the street right-of-way intersection. b. Spacing from Utilities i Water and Wastewater Service Lines - no trees shall be planted closer than nine (9) feet from any underground water or wastewater utili_ty connection or main. The location of the water and wastewater utility line iii iv v shall be considered, for distance purposes, to be the surface of the ground above the line. Fire hydrants - no trees shall be planted closer than ten (10) feet from any fire hydrant. Street lighting - street lighting instruments shall be installed according to the design criteria of the electric utility. Individual street light instruments may be substituted in the place of individual street trees in order to reduce tree/instrument conflict. Within planting strip - all street trees shall be planted within the centerline of the planting strip running parallel between the curbline and sidewalk. Root Barrier System - spacing requirements from utilities may be reduced at the discretion of the Development Review Committee Chair with a street tree plan submitted and approved which would include the installation of root barrier systems approved of by the Water or Wastewater Department. Spacing from Driveways - no trees shall be planted closer than five (5) feet from any driveway. Tree Species a. Street Tree Species Type - tree species to be used for street trees will come from the City of Denton tree list and be of a medium or large tree variety. Species Diversity - street tree species shall be of the same variety along an individual block. The same species of tree shall not be used on streets which are generally parallel and within two (2) blocks apart. If a species of tree is approved to be installed on the dead-end street, the same species of tree should be used on the extension of the street into the new subdivision. o Maintenance a. Street trees shall be maintained by the adjoining property owner. It is the adjoining property_ owner's responsibility to thin, prune, spray, water and fertilize, and otherwise maintain street trees, as may be deemed necessary_ and feasible. All incurred costs are to be borne by the property owner. b. Tree Canopy height - The street tree shall be maintained by pruning, thinning and other necessary care by the adjacent property owner to ensure a minimum clearance of fifteen (15) vertical feet from the curbline to any intruding canopy branches. Co Removal of Trees or Plantings in Public Right-of-Way: The City may remove any planting which constitutes a hazard or may endanger the health, well-being or property of the public or which constitutes an obstruction to the vision of traffic. do Tree Replacement: The Ci_ty may replace an approved street tree or other planting which has died or may have been removed for any reason, or plant additional street trees deemed appropriate and consistent with available resources. eo Abuse or Mutilation: It shall be unlawful for any person to break, destroy, or mutilate any approved street tree, or to set fire or permit any fire to cause damage to any portion of any street tree, or to attach or place any rope or wire, sign, poster or other device on any street tree. Planning and Zoning Commission November 10, 2004 Page 4 of 5 5. CONTINUED PIIBI,IC HEARINGS: Continue a public hearing and consider making a recommendation to City Council on the following items: mo Rezoning of approximately 45.01 acres from a Planned Development 120 (PD-120) zoning district to Neighborhood Residential 3 (NR-3) and Neighborhood Residential 4 (NR-4) zoning districts. The property is generally located on the south side of Loop 288, on the east side of Nicosia Street. (Z04-0026, Northpointe Addition, Chris Fuller) Commissioner Roy moved to continue the item to the December Ist meeting. Commissioner Strange seconded. (*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes) (Pages 18-20 left intentionally blank) (Page 21-31) Motion carried 5-0, Holt and Thibodeaux absent B. Amendments to the Development Code to require a Specific Use Permit for all Multi- Family Development. (SI04-0036, MF/SUP Requirements, Larry Reichhart) Commissioner Roy moved to continue the item until the November 16th joint meeting with City Council. Commissioner Strange seconded. (*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes) (Page 32 left intentionally blank) (Page 33-41) Motion carried 5-0, Holt and Thibodeaux absent 6. PIIBLIC HEARINGS: Hold a public hearing and consider making a recommendation to City Council on the following items: A. Adoption of the Open Space Master Plan. (SI04-0015, Open Space Master Plan, Janet Simpson) Commissioner Strange moved to recommend approval with the eight recommendations listed in the staff report. Commissioner Roy seconded. (*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes) (Page 41-57) Motion carried 5-0, Holt and Thibodeaux absent B. Amendment to Subsection 13 (Site Design Standards) of the Denton Develol}ment Code pertaining to the street tree regulations. (SI04.i0035, Street Tree Requirements, Stephen Cook) seconded. (~Discussion of item is inc!ud~d in the Coun Reporter's transcript attached to this set of minutes) (Pa~es 58-60 left intentionally blank) (Page 61- 83) Motion carried 5-0, Holt and Thibodeaux absent CondenseltTM 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21) 21 22 24 25 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 t9 20 21 22 23 24 25 Page 6 l COMMISSIONER POWELL: 6B, amendment of subsection 13, site design standards of file Denton Development Code pet'mining to street tree regulations. Mr. Cook. MR. COOK: Thank you, Mr. Chairman, members You don't allow yourself anything here. What am I missing? MR. COOK: ~'m not -- I don't quite understand. COMMISSIONER POWELL: well, let's suppose of ttle Commission. My name is Stephen Cook. I'm the planning policy coordinator wifll the City. The item before you is an amenchnent to the street tree regulations as requirext in Subchapter 13, site design standards, and we're going to flip through some presentation tools here and get to the correct one. The staff has presented the issues regarding ~hese amenchnents at two previous work sessions with the Conunission. Currently, thc Code requires one tree every 30 feet along street frontage for new development and any development within the City. The current regulations make no reference 6 7 8 9 10 11 12 13 14 15 16 you have conditions here, sewer lines, fire hydrants, whatever, you don't allow yourself, you say every 45 lineal feet there will be a tree. MR. COOK: well, with multi-family developments and townhome-type developments, you have a lot more street frontage to be able to fie in where your utility lines come in. And so the thought process is between those type of things, you have more ability to move where the utilities actually tie in, so that you're able to create more spacing so that you get that uniformity. to spacing requirements from underground utilities or make allowances for design limitations of street frontage for narrower single family lots. The proposed amendment would introduce l~lexibility installation of street trees among different types of developments. The proposed amendments would for single family residences with less than 60 feet of street frontage, the amendlnent would require one tree per lot, greater than 60 feet would require two or move trees per Page 62 lot. The multi-family residential single family townhouses and nonresidential development would be required to install street trees at 45-foot intervals. We -- as part of om' discussion with the Conmfission as part of our previous work sessions, we looked at making an exemption for estate-style single family subdivisions with tile characteristics of lot frontages of greater than 100 feet that are greater in one acre in area and that utilize bar ditches for drainage on street frontage that those properties would be exempt from street tree development. In addition, developers would be required to provide a street tree plan and that plan may be submitted as part of a tree preservation, mitigation plan or a landscape plan. Minimmn spacing requirements from utilities, underground utilifics~ fire hydrants and street clearances are also included. Keeping in line with the stated policy for streetscape improvcrncnts within the Comprehensive Plan, staff reconm~ends approval of these proposed amendments. And I'm available for any questions. COMMISSIONER POWELL: Any questions of staff here? I have one if no one else does. Page 5, 3A-2, above that you say that you're going to be -- you're going to allow street trees at different spacings due to conditions. And then here you say every 45 lineal feet. 17 18 19 20 21 22 23 24 25 In single family residences, you have the tie-in lines from your main lines that have to be within each individual lot. And those spacing requirements because of the nine feet from the sewer and water line mains, the five feet from the driveway existence, you are very limited on the amouut of space that you have to be able to plant a street tree along those frontages. COMMISSIONER POWELL: okay. Don't you think you should be giving yourself a little leeway here? 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 63 Page 64 MR. REICHHART: We can eith~ say generally or approximately 45 on center. COMMISSIONER POWELL: I'd feel better personally. I mean, why tie yourself down to that every 45 lineal feet, there shall be a tree by dang, whether you want it or not, you know? MR. COOK: ^bsolutely. That's what we were getting away from from the previous Code as well, the 30, 30 feet. COMMISSIONER POWELL: SO can we put in there generally -- help me out. Well, when we get to the motion we'll do that then. Thank you. MR. COOK: ~rhank you, sir. COMMISSIONER POWELL: Any questions? Mt.. Roy followed by Mr. Strange. COMMISSIONER ROY: I don't read it the way you're reading it. I read it for every 45 linear fcct, there will be one tree. It doesn't say it will be on a 45 foot spacing. If it's 90 feet, then there's going to be two trees. And the spacing of those trees is not specified in here. That's the way I read this thing. COMMISSIONER POWELL: Mr, Roy, after reading it a second time I read it that way, too, and I apologize. It docs say that. It doesn't say that it shall be on 45 foot centers. PLANN1NG AND ZONING MINUTES NOVEMBER 10, 2004 Page 61 - Page 64 CondcnscltTM 5 6 7 8 9 10 12 3 14 15 16 17 18 19 20 21 22 23 24 25 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 Page 65 MR. COOK: we could also look at calculating it that there has to be a tree approximately every 45 feet and have them evenly spaced. COMMISSIONER POWELL: My apology. I don't think we need to change anything. I just read it wrong. And I've been corrected. Thank you much. MR. COOK: Okay. Thank you, sir. COMMISSIONER ?OWELL: Any other questions here? COMMISSIONER STRANGE: I have one. COMMISSIONER POWELL: Mr. Strange. MR. COOK: Yes, sir. COMMISSIONER STRANGE: YOU didn't think you'd get away without one question from me. On this exempt estate-style single family subdivisions, is this an inclusive situation where you have to have tot frontages greater than 100 feet and it's greater than one acre, and it utilizes bar ditches or is that a pick list? MR. COOK: YeS, sir. That is what we were looking at is that they would have these characteristics by limiting them to a particular zoning district. We have several zoning districts that allow -- that have a maximum density, but could allow greater densities then than what the maximum density of the zoning allows. So we didn't want to limit it to a particular zoning district, and so Page 66 1 2 3 4 5 6 7 8 9 10 11 t2 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 67 section which have bar ditches. So if you have those three characteristics, you are exempt from the tree -- street tree requirements. If you did 100 foot lots, one acre in size and did curb and gutter with sidewalk, you're going to be putting in street trees as it's written now. COMMISSIONER STRANGE: 1 think you're going to be encouraging a lot of people to come in for bar ditches. MR. REICHHART: well, then we're going to get a lot of large lot developments, which is fine, too, I think. COMMISSIONER POWELL: Legal has something here. MS. PALUMBO: Right. I was just going to point out that legally if you use the word "and," that you'd have to meet all three requirements. If you wanted to use the word "or," that would -- that would only have to meet one. COMMISSIONER POWELL: DOeS that answer your question, Mr. Strange, or do we need to go further here? COMMISSIONER STRANGE: Absolutely, I'm clear. COMMISSIONER POWELL: You're clear. At this time I'I1 open a public hearing and ask if there is anybody here to speak on, for or against this issue. Page 68 we were looking at a grouping of estate-style lots that would have those characteristics. COMMISSIONER STRANGE: okay. I guess the ~mson I'm asking is that if you had an estate-style lot, which we have some in Denton that are greater than 100 foot frontage, that are greater than an acre in area, but do not have bar ditches for drainage, then those are not exempt, they would be required to follow the ordinance? MR. COOK: Yes, sir, then it is specific to those requirements. COMMISSIONER POWELL: staff wants to bump in here a minute. MS. CARPENTER: I just want to make sure that I understand you because it's not clearly written on the SCl'c~n. MR. COOK: okay. MS. CARPENTER: MUSt a lot to be exempt meet ail tlu,ee of those criteria? COMMiSSiONER SIRANGE: That was my question because it doesn't say and, and, and. Ms. CARPENTER: [t doesn't say that, yes. MR. RE~CHUARX: ~t will be and, and, and. In order to have an estate-style road section, the lots have to be at least 100 feet or greater and greater than one acre, and then you get to use tile estate-style road 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 Having no cards, seeing no speakers, I will close thc public hearing. There's no need for any kind of rebuual, i guess, so we'll come up to the desk up here and ask if you fo[ks, if you Conunissioners have any questions or are we ready for a motion? Mr. Roy. COMMISSIONER ROY: I'm ready for a motion. COMMISSIONER POWELL: COMMISSIONER ROY: [ move that we consider or we reconm~end to ~e City Council to adopt tile revised street tree regulations according to Item 6B with the clarification that the estate-style subdivisions have to meet all three criteria. COMMISSIONER POWELL: IS ther~ a second to that? DR. NOBLE: I second. COMMISSIONER POWELL: I have a second. Any other comments or questions? Mr. Strange, you're punching buttons here. Go. COMMISSIONER STRANOE: I only have ot~e conmm~t and that is that I still think that we am going to be penalizing the developers of properties itl heavily treed areas where you could have 14 trees withiu ten feet of the curb and have someone going out there underneath an existing good tree, planting a new tree. And to me, that makes no sense at all. And I think I will vote against PLANNING AND ZONING MINUTES NOVEMBER 10, 2004 Page 65 - Page 68 CondcnscltTM 5 6 7 8 9 I0 1l 12 13 14 15 16 17 18 i9 2O 21 22 23 24 25 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 Page 69 this on the basis that I think there needs to be further exemptions in the street tree ordinance as it relates to heavily treed areas whether they are estate lots of greater than 100 feet or greater than an acre. It makes no sense to me, I'll say it again, to go out and plant a new tree directly under 100 year old Oak tree just because you've got to have one every 30 feet. COMMISSIONER POWELL: Mr. Roy. COMMISSIONER ROY: I understand that point. But 1ny understanding further is that there's to be a street tree plan that would prevent something silly like that from happening; is that not correct, stafl? MR. COOK: Yes, sir. Under our new regulations that there is a -- with the Tree Preservation Ordinance, there is an ideal situation which the plan would be monitoring where either present -- preserving trees or mitigating ex[sting trees, and so that there would be a plan that would be involving how street trees would be intertwined into that plan as well. COMMISSIONER ROY: SO if the lot already -- let's just take the example out on Hobson Lane, they're putting in these big, estate-style homes and there are trees all up and down there. If the number of trees a developer is able to show, he's going to save and the Page 70 street tree plan is sufficient, then you're not going to make him go out and put another -- plant another tree, right? MR. COOK: Correct. COMMISSIONER ROY: Thank you. MS. C^~eENTER: ^nd specifically, Mr. Roy, the Director is allowed to make those kinds of approvals. COMMISSIONER STRANGE: I want to speak so I'll punch the right button. COMMISSIONER POWELL: There you go. Go to itt COMMISSIONER STRANGE: YOU kllow, we went through this in the workshop and I asked clearly several times there, are you going to have an ordinance that requires a tree every 30 feet. And the answer i got was, yes. And it didn't say anything about estate-style or exempt or anything else. It said ctcady and I was just getting ready to look back here that 6B is what we're talking about says that every -- every development regardless of zoning is going to adhere to this and you are going to have a tree every 30 feet. And I've been told that several times. I was also told this is something that wetre not voting to change, that we're only voting to change the distances from fire hydrants and stuff like that and utility lines, 1 2 3. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 15 I6 17 Ig 19 20 21 22 23 24 25 Page 71 but my understanding was that you will have a tree every 30 feet along a single family development. MR. COOK: Frei13. the amenchnents that we are proposing that we would eliminate the language that says every 30 feet. That language would be stricken from the Code and would be replaced with our new spacing requirements that x~quire the frontages of street --single family frontages of less than 60 feet that would have one tree per lot and then greater than 60 feet would have two or more trees per lot evenly spaced. The every 30 feet regulation would be stricken from the Code. COMMISSIONER STRANGE: okay. Let's say we've got a typical lot in Denton, which is 65 feet wide. You're going to have two trees. And my understanding of what we talked about before, those will have to be in the right-of-way within the bounds of the curb and the sidewalk. And regardless if you've got 50 trees in that front yard, you're going to plant two other trees9. MR. COOK: YeS~ sir. COMMISSIONER STRANGE: I still say that is redundant and I'll still vote no. So it doesn't -- they may not be 30 feet, Joe, but you still are going to be requiring tho d~veloper to go into a heavy tt~xxt lot -- you could have ten trees between the sidewalk and back of Page 72 curb, and if it's a 65~foot lot, you're going to require somebody to go out there and plant two new trees underneath what could be a completely existing canopy. That makes no sense to me. COMMISSIONER POWELL: Mr. Reichhart. MR. REICHHART: An alternative for doing that and we don't have it written into the Code, now that specific relief into it, an applicant -- it's an ext~ra step, an applicant could come forward with an alternative landscape plan, which would identify I've met the intent of the Code because of the way I've developed this Code, it has preserved all of these trees along the sa'eot. If we see that with anything in file Code, if we sec those type of plans coming forward and we've approved a couple, then we get the idea under this scenario, we can waive -- or City Council through thc process has waived the requirement to do street trees because it meets these certain requirements, the idea is then to roll those requirements into file Code, trying to detcmfine under what scenarios we would waive the street tree requirement righl now, I mean, it's varied. The idea here is the general requirements. If you come forward with something that's different that meets the intent, we'll bring it forward as an al~'nativo landscape plan, take it to P & Z, take it to Council, and PLANNING AND ZONING MINUTES NOVEMBER 10, 2004 Page 69 - Page 72 CondenseltTM 1 2 3 4 5 6 7 8 9 10 It 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2[ 22 23 24 25 Page 73 then as we get a couple revise the Code so the applicant doesn't have to do that. And that's the way we brought ahnost every new requirement or even the Development Code when we adopted this, and that's the reason we have the quarterly reviews in order to get that input, revise the Code and update it. So it could happen, yes. You know, you still have a 60 -- 50, 60 foot right-of-way you're cutting through there that you're not saving tile trees, unfortunately it has to be cleared. You have to put utilities in. The idea is let's take a look at it, and then if we have to bring something forward. I mean, it would be great if we could -- under what scenario right now. COMMISSIONER STRANGE: I understand that. And I'm not wanting to beat this to death, but it's a bother to me that once we nmke this vote, then it is in my mind set in concrete. That is the rule. Then you've got -- you're back asking for variances to the rule. And that's one thing I have a problem with is that you have rules, but then you can have variances. And then we're varianced, varianced, varianced. MR. REICHHART: Yeah. And righ~ now the rule is 30 foot on center, period. COMMISSIONER SIRANCaE: ! understand. Page 74 MR. REICHHART: we're trying to build in a little more flexibility and as we get more of these, we'll build in more flexibility, it' we can. COMMISSIONER ROY: Mr. Chairman, could 1.9 COMMISSIONER POWELL: Yes, sir. Mr. Watk[ns is first though, sir. COMMISSIONER ROY: oh, I'm sorry. COMMISSIONER POWELE: That's all right~ COMMISSIONER WATKINS: Mr. Chairman, would it -- or could it be appropriate that a friendly m~ench'aent to the motion to review this thing in 90 days or 180 days -- COMMISSIONER POWELL: I don't believe we have a motion, do we? We do? COMMISSIONER WATKINS: We had a mot[on and a second, yes. COMMISSIONER POWELL: We have a motion and a second and a friendly amenrh~ent is always appropriate, sir. COMMISSIONER WATKINS: I would ask my fellow Cmm~issioner if -- COMMISSIONER POWELL: BLIt yOU better put something more -- you better give us a date or something rather than just 60 to 90 days. COMMISSIONER WATKINS: well, I was just 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 75 thinking about how we review tile other parts of the Development Code. And I believe Conurtissioner Roy suggested going to 180 days on the review of the Development Code; is that correct? COMMISSIONER ROY: YeS, COMMISSIONER WATKINS: would you consider putting 180 days review of this particular thing if it were to pass? COMMISSIONER ROY: YeS, COMMISSIONER WATKINS: xhank you, Mr. Chairu~an. COMMISSIONER POWELL: okay. Mr. Roy, just for grins here, would you reword your motion with that in it? I think we neexl to have it pretty well laid down here. COMMISS~ONaa neY: okay. I would like to ask a question of staff before I do that. COMMISSIONER POWELL: surely, COMMISSIONER ROY: I'Ve heard two answers to the issue that seems to be the main one. One of our Cormnissioners has pointed out a sitaation where if you could have a heavily treed lot and this regulation even current regulation would lc. quire even though there's trees all over the lot that we would require them to put in two more trees, if it were a 60 foo~ lot, and then I thought I Page 76 asked that question that we wouldn't do something like that because we have a street tree plan requirements and it would show that there are plenty of trees, and to add two trees more or tl~ree trees or whatever would not add or would be appropriate, and I thought you agreed to that a while ago, but I'm confused now, as to what -- MR. COOK: The requircanent as written would be that the -- the new development, any development would require that it would have to have slro:t trees. The current regulations as part of a street tree plan or a street landscape plan do allow for the ability to have an alternative landscape plan within that, something that would be in line with the intent of tile Code but is not in perfect agreement with the Code, and through that process, what Mr. Reichhart had explained to was that through that process it could come out that you could not -- it will not have the street tree requireauent as through approval from the City Council. COMMISSIONER ROY: okay. Thank you. COMMISSIONER POWELL: Legal. Staff. MS. PALUMBO: I did want to point out at the top of page -- the botlom of page 4 and tile top of page 5 is the Director has the flexibility to approve alternative plans for special site conditions which may for reasons such as safety, there has been brought up the PLANNING AND ZONING MINUTES NOVEMBER 10, 2004 Page 73 - Page 76 5 6 7 8 9 10 11 12 13 i4 15 16 17 8 19 20 21 22 23 24 25 ] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondcnscItTM Page 77 reason that may be a lot of trees on the site, these trees may have to be preserved in conformance with the City's new tree l~reservation ordinance. Perhaps, it might be better to continue this to the next Planning and Zoning meeting to clarify how these two ordinances work together or to state within the motion that you're making that those clarifications need to be placed within this ordinance. MR. REICHHART: The one regarding tro~ preservation and we're going to be reviewing that now probably in five lnonths. But what we could add and we do have the ability to alter some subdivision regulations in that ordinance. And what we could write into that ordinance as we revise it again that we could revise the snot tree regulations if you preserve the trees near the right-of-way as we go forward at the time that's rewritten. But in concert right now, the tree preservation regulations the way they're written and the way these are written do not work that if you save trees in the back of your lot, you get to not do street trees. You would still have to do street trees as both regulations are written right now. It is how many additional trees you have saved ttu:oughout your development, where that regulation needs to be written is Page 78 in thc tree preservation regulation, not the street tree regulation. That gives you thc ability to do that and we can do that within the next six months as we go forward. We are -- start compiling a list of things that need to be changed. This will be number one. Additionally, a,other way to look at this is that the su'cet trees in one of the largest pieces of property or property that thc City owns is the right-of-way. It is the largest public open space we own and maintain and the street trees arc there for the purpose of the individuals driving and walking on that right-of-way, as nmch as the people that live behind it. But it's the }mndreds and thousands of people that are in that public right-of-way is another way to look at - that's the impetus behind having su~eet trees. It's a public open space, basically. But the regulation would need to be revised in the tree preservation, not the street ordinance. COMMISSIONER POWELL: I still have Planning staff up here. Is Planning staff finished or do we have $O1110 lnor~? MS. CARPENTER: We're finished, sir. COMMISSIONER POWELL: Thank you. Mr. Roy, you were going to -- or I was hoping you could revise your motion, and if you're not wanting to, I'm not trying to 1 2 3 4 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 i6 17 18 19 20 21 22 23 24 25 Page 79 twist your arm. COMMISSIONER ROY: Well, I'm trying to decide whether or not it's best to give staff more time to revise this wording, but I guess I'm kind of leaning that way, even withdrawing my motion to approve and giving staff another crack at this unless you're being pressured by City Council to move this forward like some others issues are being pressured. So I would like to withdraw my motion for approval of this and offer a substitute motiom COMMISSIONER POWELL: If we could get the seconder to withdraw. We have got the -- DR. NOBLE: That will be fine, Mr. Chairman. I'll withdraw my second. COMMISSIONER POWELL: Thank you, sir. Thank you very much. COMMISSIONER ROY: And I would make the motion that we continue this item to a future date and I don't know it's critical as to what date, but ask staff to take these points into consideration from -- for tonight and bring us back a revised document to consider. MR. REICHHART: Jl,lst for my clarification, what are the specific points that you would like us to clarify? COMMISSIONER ROY: well, for me, it would Page 80 be the exemption for estate-style hmnes, single family residences, I ~vould think we would want to clarify perhaps the Director of Planning's ability to approve alternate plans due to special site conditions and expand that to include the obvious case that was raised where it's a heavily trce. xt lot and the intent of the street u~ee ordinance is met by the existing trees to prevent a silly situation where we'd go out and plan a couple of little trees when you've got huge trees along the way and everything is met and clarify that other than a reason just for safety as indicated here. The other Commissioners may have something else. COMMISSIONER STRANGE: I think that covered it very well. My whole issue here is not to cause a problem with this, but it just -- to me, it makes no sense if you've got a 60-foot right-of-way and you've got three trees akeady there existing, it just is redundant to me to redo it. So I think if we put language in there that if you have existing coverage in the right-of-way, that can be a reason that you am exempt without having to come to thc Director, because it's not clcar in hem what the Director is going to exempt it for. Again, I just would like it clear so that anybody coming to Denton looking at a piece of property knows what they're going to be required to do without PLANN1NG AND ZONING MINUTES NOVEMBER 10, 2004 Page 77 - Page 80 Condcns¢ItTM ! 2 3 4 5 6 7 9 10 I1 I2 I3 14 15 16 17 18 19 20 21 22 23 24 25 t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 t8 19 20 21 22 23 24 25 Page 81 having to go through three hoops to find out what that is. And to me, that is not clear here nor am we giving credit clearly for existing trees. COMMISSIONER POWELL: Mr. Watkins is up on the board. COMMISSIONER WATKINS: Thank you, Mr. Chairman. I'm confused now. It was my understanding from Mr. Reichhart that the Tree Preservation Ordinance needed Page 83 m-advertise. MR. REICHHART: we'll.just re-advertise then. COMMISSIONER POWELL: okay. There's no date specific and any other discussion? Chairman will call for a vote. The motion passes 5-0 of those present. Is there anything else tonight that I'm missing? Apparently not. We'll close the meeting and to be ameuded to do these things that we were talking about and it doesn't come up for another five months. So are you going to use -- MR. REICHHART: At a minimum, we can clarify what would need to be changed and follow that through and if it's approved and the Board Planning and Zoning Couunission, City Council, hey, this sounds like a great idea, at least, if the circumstance comes up within that six months, if we'd have to go through an alternative 9 10 11 12 13 14 15 16 17 thank you very much. (End of proceedings.) Development Plan, we can get theln through quickly and say they've met this future intm~t, we recormnend approval. And let's move them forward. I mean, that's the minimal we could do anyways, but we can at least clarify some language that we would put in that to compliment this. It's one of rite incentives that -~ there's some subdivision. You have the cul-de-sac length, block length, and those incentives that were in the Tree Page 82 Preservation Ordinance that allows City Staff to grant variances by -- for saving trees. So it would be the stone type of incentive if you saved -- under whatever circumstance, you don't have to do street trees. COMMISSIONER WATKINS: Yeah. My whole point is and I agree with Co~mnissioner Strange, but still by the stone token, let's do it the right way first. Let's not -- let's not be m~aending and amending just to get to a certain place in time so however you -- the staff can help us out, I'm sure will be appreciated. Thank you, Mr. Chairman. COMMISSIONER POWELL: Mr. Roy has a motion on the floor. Is there a second. COMMISSIONER STRANGE: second. COMMISSIONER POWELL: second from Mr. Strange. Are there any cmmnents on this motion? Discussion? Mr. Reichhart. MR. REICHHART: Is there a date specific. COMMISSIONER ROY: I did not have in my motion a date specific. COMMISSIONER POWELL: Would you like to set one, Mr. Reic~art? MR. REICHHART: well, if we don't, we'd have to re-advertise. MS. CARPENTER: I think we should 18 19 20 2i 22 23 24 25 PLANNING AND ZONING MINUTES NOVEMBER 10, 2004 Page 81 - Page 83 Planning and Zoning Commission January 12, 2005 Page 3 of 4 6. CONTINUED PUBLIC HEARINGS: Continue a public hearing and consider making a recommendation to City Council on the following items: A. Amendment to Subsegtion !3 (Site Design Standards) of the Denton Development Code pertaining to the street tree regulations. Commissioner Roy moved to a,,rove, Commissioner Holt seconded, transcript attached to this set of minutes) (Page 2!~30) Motion Carried 6-0 7. PUBLIC HEARINGS: Hold a public hearing and consider making a recommendation to City Council on the following items: A. Alternative Development Plan for approximately 0.833 acre of land located in Regional Center Commercial Downtown (RCC-D) zoning district. The proposed site is generally located west of State School Road and north of Brighton Drive. A restaurant is proposed. (ADP04-0004, Sonic, Kay Liang) Commissioner Roy moved to approve. Commissioner Thibodeaux seconded. (*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes) (Page 33-41) Motion Carried 6-0 B. Creation of a Conservation District Overlay Zoning for approximately 11.6 acres. The property is generally located on the east and west sides of Bell Street, south of Sherman Drive, and north of University Drive. (SI04-0042, Bell Street Conservation District, Julie Glover). Commissioner Watkins moved to approve. Commissioner Holt seconded. (*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes) (Page 45-70) Motion Carried 6-0 Creation of a Special Sign District for the Presbyterian Hospital development. The approximately 47 acre property is in a Downtown Commercial General (DC-G) zoning district and is generally located on the south side of Scripture Street, on the north side of West Oak Street, and on the west side of Bonnie Brae. The purpose of the Special Sign District is to allow signage for a development to deviate from the requirements of Subchapter 15 of the Development Code relating to directional signage. (SD04-0003, Presbyterian Hospital, Chris Fuller). Commissioner Watkins moved to approve with conditions. Commissioner Roy seconded. (*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes) (Page 73-85) Motion Carried 6-0 CondensoItTM 5 6 7 8 9 10 11 12 13 t4 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 21 COMMISSIONER STRANGE: Next is a continued public hearing. We're going to continue -- hear was presented previously as an mnenchnent to subsection 13 of the site design standards of the Denton Development Code pertaining to the street tree regulations. MR. COOKE: Thank you, Mr. Chair and Colmnissioners, I'm Stephen Cooke, Planning Policy Coordinator with the Planning Department. This item is a continued public hearing from your November 10th, 2004 meeting. At that meeting the Cmmnission had a few questions regarding the proposed changes to the street tree regulations. The first question was that the Cmmnisston asked for clarification of the exemption for large lot subdivisions from the requi~nent. They wanted to make sure that all three portions of the requirements were clear that alt three had to be used -- utilized for them to -- for those large lot subdivisions to be exempt. So, therefore, the language now clearly states that in order to be exempt, lots must have over 100 feet in street frontage, and being one acre in size and utilize bar ditches. The second point that the Cmranission asked for was for staff to further investigate the connection between tree preservation regulation and the street tree regulation. Street trees are part of the landscaping Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 Page 23 ordinance will not be in effect where you would have a condition that the planning line would be closer than nine feet to the sewer and the water line? MR. COOKE: Yes, sir. COMMISSIONER STRANGE: AS measured h'om tile ground level of the pipe? MR. COOKE: Yes, sir. COMMISSIONER STRANGE: where normally are we now putting the sewer and water lines because over the years, they have varied from under the stax~et to itl tile back of the curb to -- so where are we now as a utility depa~nent requesting these lines to be placed along a new street? MR. COOKE: currently, the utility lines are placed along -- within the -- usually along easements along the streets. Also, that -- what this separation distance requirement was mainly concerned with individual connections from those lines to the individuaI lots. So that would be tile sqaarafion requimnent. There's also the utilization of the -- also, some sewer lines and water lines could also be placed in alleyways on other types _ as well. COMMISSIONER STRANGE: okay. So I want to make sure I'm clear on this. We're putting these behind the curb in the right-of-way and it's a main line. And Page 24 t~_xluirements for all development. If street trees or any landscaping were counted towards the mitigation requircanent for the tree preservation ordinance, then it wouldn't be mitigation. Mitigation must be above and beyond the landscaping requirements. So if there's trees removed, there needs to have the mitigation to put back what trees were -- that were removed for the development of the site. And so street trees would be in addition to that for the site. The final question theu - it kind of leads into my final question which was -- the Conunission had for us was, what about unusual site conditions or heavily wooded single family developments where it might not make sense to plant 1 2 3 4 5 6 7 8 9 10 11 12 13 you will have no street trees if there is a situation where you've got a sidewalk and a curb and these are to be planted there and the sewer or water line is underneath and that particular area is exempt? MR. COOKE: If not, separation distances. COMMISSIONER STRANGE: Explain that to me. MR. COOKE: Actually, I'm trying to understand exactly what you're asking. If you'd please rephrase your question, sir. COMMISSIONER STRANGE: well, we were going on this on the basis that we were going to be lining both sides of streets with trees? MR. COOKE: YeS, sir. street trees. Tbe requirement language we have amended to -- now reads that alternative plans may be submitted to the director for unusual circmnstances which may include safety, site conditions, such as slope of the site or existing trm coverage. Staff reconuncnds approval of thc street tree requirements as we've discussed in the previous m~tlng and as of tb{s evenlng, and I'm available for any qnestions. COMMISSIONER STRANGE: Does anyone have any questions of Mr. Cooke? I have one. I noticed in the backup infommtion, the requirement here says that this 14 15 16 17 t8 19 20 21 22 23 24 25 COMMISSIONER STRANGE: And my question is, that if we have a sewer line and a water line, those are generally not on the same side of the street sometimes. And if we have verbiage in here that you can't plant a tree closer than nine feet from any water main, is that going to exclude you from planting trees in the parkway because your standard -- your standard setback between back of curb and the property llne is generally nine feet. MR. REiCHHART: The standard tot waler lines is to have them underneath the road. COMMISSIONER STRANGE: well, that's why I was asking the question. the PLANNING AND ZONING MINUTES JANUARY 12, 2005 Page 21 - Page 24 CondcnseltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 25 MR. REICHHART: SO, typically, it won't be an issue. There will be some circumstances where the waterline will be closer to the right-of-way, but, typically, the water line whore it's identified on the criteria manuals will not interfere with planting of street trees located more towards the center of the S11~t, COMMISSIONER STRANGE: okay. That's why I was asking the question. I know over the years it's moved back and forth and back and forth so" MR. REICHHART: It's now -- the idea was to get the utilities into the street so you would have that planting area. COMMISS£OtqER S?RANGE: Yeah. I just didn't want to have any confusion that -- about this nine foot, because that's the first time I had -- maybe I didn't read that clearly before, but that nine foot would not be considered an issue. MR. REICHHART: well, in some circmustances, especially in-fill development, it might become an issue. COMMISSIONER STRANGE: It will be an issue, yeah. MR. REICHHART: which it gives us the ability not to require the street Iree. Page 26 COMMISSIONER STRANGE: okay. And the second question I have reverts down to the issue of species diversity. MR. COOKE: YC,,g, sir. COMMISSIONER STRANGE: whore we're going to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 t9 20 21 22 23 24 25 Page 27 one street and you might have Pin Oaks on another street, so that if a blithe comes through, in particular, which has happened, that you don't lose alt of your street trees throughout an entire community. COMMISSIONER STRANGE: That was one of my issues because that can happen that we just get all of this done and then we have somethlng come through since they're all the same. The second issue there is just the monotony of it. ! understand the other side of it of conmmnality, but that's a concern I've had all the way along, if we visualize Denton 20 years from now, every new subdivision is going to be -- and even the language here these have to be spaced exactly on a line, exactly between the sidewalk and the back of the cm'b. And they're going to be 60 feet apart and they're going to all be the same tree. We are just going to have a monotonous vista. That was the other concern I've got. Do you have any response to that? MR. COOKE: My response to that would be that the best thing about trees is that they am organic ittans, and that, yes, trees, as they will grow, will tend to have similar form and shape, but each individual nee will have a uniqueness about that. And I think that provides a unique quality of your visual spaces as you're driving through. Page 28 COMMISS[ONERSTRANGE: okay. Mr. Roy. COMMISSIONER ROY: YeS. I did remember a question I had. On your first point, on the estate-style subdivisions am exempted if they are greater in one acre in area. I'm curious as to why it's not equal to one acre -- we're going to be planting the same trees along both sides of the street? MR. COOKE: YeS, sir. COMMISSIONER STRANOE: ^nd I just wondmed what the thinking behind that was, instead of having a diversity of trees? MR. COOKE: First of all, when you're looking at street ri'ecs, one of the reasons we're having this is for urban design purposes and looking for esthetics. And if you have the same type and caliber of' 6 7 8 9 10 11 12 13 14 15 or more. Why is it greater than one acre? MR. COOKE: That is what we had written in. If you would like to have that preference we may very well have that thing. I don't think there is a particular rationale. I think equal to or gmara' than eric acre would be preferable. COMMISSIONER ROY: Because wo have so much Nr~q area, and I think that's the -- to mc, those are estate-style lots. And I'm leaning toward suggesting it bc one acm or more. trees along individual blocks, then you have a uniformity of defining the street as a public space and you utilize sidewalks as a definition. It's the same concept as Napoleon used for lining his roadways to shade his troops as they walked across France. But the idea is that you have fl~e individual types of trees so that you have that unifomtity as they grow together. The diversity element of this regulation would be to have different blocks of a typical subdivision would have various trees. So you might have Red Oaks on 16 17 18 19 2O 21 22 23 24 25 MR. COOKE: That would be an easy modification before we would take that to the City Council. COMMISSIONER ROY: I would rcconunend that. COMMISSIONER STRANGE: okay. Ms. Carpenter. MS. CARPENTER: Mr. Cooke, can you refresh my memory. The top of page 6 says text in the Denton evelopment Code, underlined text highlighted cxtitions. So the underlined portions are all new? PLANNING AND ZONING MINUTES JANUARY 12, 2005 Page 25 - Page 28 CondenseltTM l 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 Page 29 MR. COOKE: Yes, ma'am. MS. CARPENTER: okay. So is it accurate to say then that the previous street tree ordinance did not address itself to street tree species; it did, didn't it? MR. COOKE: No, ma'am, it did not. MSt CARPENTER: It did not? So this is entirely new, that particular section? MR. COOKE: Yes, ma'am. MS. CARPENTER: Okay. Great. I just wanted to confirm that. COMMISSIONER STRANGE: Any other questions? Do we have a motion? MR. SNYDER: It's a public hearing. COMMISSIONER STRANGE: oh, I will close the public hearing and call for a vote. MR. SNYDER: Was there anybody -- COMMISSIONER STRANGE: oh, excuse me. For those of you who are here tonight, this is my first night as chaimaan, so bear with me, that's why I have an attorney sitting beside me. I'tl have good advice. So we have a public hearing. Is there anyone who wishes to speak on the street tree issue? We have no cards is why I thought that we were through. Okay. We have no cards. We have nobody who will speak. So I will now close the public hearing. Oh, Mr. Roy. We will ask for a motion. Page 30 COMMISSIONER ROY: Yes, I'ill ready to move approval of the street tree regulations as proposed by staff in this revision with the furtber change that the estate-style subdivisions be defined as one acre or more. COMMISSIONER SIRANOE: DO We have a second? COMMISSIONER HOLT: SecoIid. COMMISSIONER STRANGE: okay. We have a motioa by Mr. Roy and a second by Mrs. Holt. Any discussion? Seeing none, we'll call for a vole. Mr. Roy} you didn't -- okay. And the motion passes 6-0. 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 17 ~8 19 20 21 22 23 24 25 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 Page 31 Page 32 PLANNING AND ZONING MINUTES JANIJARY 12, 2005 Page 29 - Page 32 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.13 OF THE DENTON DEVELOPMENT CODE PERTAINING TO STREET TREE REGULATIONS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2,000.00 PER DAY FOR A VIOLATION THEREOF: A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (SI04-0035). WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, as a part of a quarterly review of the Development Code, and after conducting a public hearing as required by law, the Planning and Zoning Commission has recommended certain changes to Subchapter 35.13 as it pertains to Street Tree Regulations; and WHEREAS, after conducting a public hearing as requ/red by law, the City Council finds that the subject changes to the Development Code are consistent with the Comprehensive Plan and are in the public interest; 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. SECTION 2. Subchapter 35.13 of the:Development Code is hereby amended in part as particularly described in Exhibit "A" attached hereto and made a part hereof by reference. All other provisions of Subchapter 35.13 not inconsistent with this amendment shall remain in full force and effect. SECTION 3. 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 offence. SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application there of to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity.. SECTION 5. 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. Page 1 PASSED AND APPROVED this the __ day of ,2005 EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY / BY: Page 2 Exhibit "A" 35.13.7. C Street Tree Requirements All development, with the exception of estate style single-family subdivisions, shall be required to plant street trees in accordance with the following standards and in accordance to the Site Design Criteria Manual. Estate style single-family subdivisions are those subdivisions having lot frontages equal to or greater than one htmdred (100) feet wide and contain lots greater than one (1) acre in size, and utilize barrow ditches as drainage along public or private streets. The Director of Planning and Development may approve alternative plans due to special site conditions, which may, for reasons such as safety, site conditions, or existing trees on the lot, affect the ability to meet these regulations. 1. Street Tree Plan. All development shall be required to submit a master street tree plan noting location, number, and species of trees to be used within the development. Location. Street trees shall be located between the street and sidewalk, except in cases where there is a designated planting strip in the fight-of-way, or the sidewalk is greater than eight (8) feet wide and designed to accept trees in tree wells. 3. Number and Spacing. Street trees shall be planted by the following requirements: a. Spacing along street Single Family Residential - spacing of street trees within single-family residential developments shall be conducted as follows: (a) One (1) tree per lot, evenly spaced, for developments with lots less than 60 linear feet of street frontage. (b) Two (2) trees per lot, evenly spaced for developments with lots greater than 60 linear feet of street fi'ontage. (c) Comer lots for all single-family developments shall require two or more street trees, evenly spaced, depending on the length of frontage on each street for such lots. Multi-Family Residential, Townhome and Non-residential Developments - spacing of street trees within multi-family residential, townhome or non- residential developments shall be one (1) tree for every 45 linear feet of street frontage. Comer lots - street trees on comer tots for all developments shall be located a minimum of twenty-five (25) feet from the property comer adjacent to the street right-of-way intersection. b. Spacing from Utilities Water and Wastewater Service Lines - no trees shall be planted closer than nine (9) feet from any underground water or wastewater utility connection or main. The location of the water and wastewater utility line shall be considered, for distance purposes, to be the surface of the ground above the line. ii Fire hydrants - no trees shall be planted closer than ten (10) feet from any fire hydrant. Street lighting - street lighting instruments shall be installed according to the design criteria of the electric utility. Individual street light instruments may be substituted in the place of individual street trees in order to reduce tree/instrument conflict. iv Within planting strip - ali street trees shall be planted within the centerline of the planting strip nmning parallel between the curbline and sidewalk. Root Barrier System - spacing requirements from utilities may be reduced at the discretion of the Development Review Committee Chair with a street tree plan submitted and approved Which would include the installation of root barrier systems approved of by the Water or Wastewater Department. Spacing from Driveways - no trees shall be planted closer than five (5) feet from any driveway. Tree Species a. Street Tree Species Type - tree species to be used for street trees will come from the City of Denton tree list and be of a medium or large tree variety. Species Diversity- street tree species shall be of the same variety along an individual block. The same species of tree shall not be used on streets which are generally parallel and within two (2) blocks apart. If a species of tree is approved to be installed on the dead-end street, the same species of tree should be used on the extension of the street into the new subdivision. Maintenance a. Street trees shall be maintained by the adjoining property owner. It is the adjoining property owner's responsibility to thin, prune, spray, water and fertil/ze, and otherwise maintain street trees, as may be deemed necessary and feasible. All incurred costs are to be bome by the property owner. Tree Canopy height - The street tree shall be maintained by pruning, thinning and other necessary care by the adjacent property owner to ensure a minimum clearance of fifteen (15) vertical feet from the curbline to any intruding canopy branches. Removal of Trees or Plantings in Public Right-of-Way: The City may remove any planting which constitutes a hazard or may endanger the health, well-being or property of the public or which constitutes an obstruction to the vision of traffic. Tree Replacement: The City may reptace an approved street tree or other planting which has died or may have been removed for any reason, or plant additional street trees deemed appropriate and consistent with available resources. Abuse or Mutilation: It shall be unlawful for any person to break, destroy, or mutilate any approved street tree, or to set fire or permit any fire to cause damage to any portion of any street tree, or to attach or place any rope or wire, sign, poster or other device on any street tree. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider an Ordinance approving an Encroachmem Agreemem between the City of DeNon and Triad-Denton Hospitals, Limited Partnership, to allow monument and directional signage to be located within various existing City public utility easemems; and providing an effective date thereof. BACKGROUND Triad-Denton Hospitals, Limited Partnership has requested permission to locate signage within various City of DeNon Public Utility Easemems. A Special Signage District including these encroachmem areas was approved by Planning and Zoning on January 26, 2005, and is on the February 22nd City Council agenda for approval. These specific sign locations are requested to give the general public better visibility from the roadways and will provide direction to the emergency room emrance. OPTIONS 1. Approve the Ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the draft ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION Not Applicable ATTACHMENTS Location Map Ordinance Encroachment Agreement Special Sign District Site Plan Request letter from applicant Prepared by: Pamela G. England Real Estate & Capital Support Division Respectfully submitted: Kelly Carpenter, Director Planning Department Special Sign District Location PL HOUSTON PL W HICKORY SENA ST :~IPTURE ST W ST EGAN ST ILAND PARK CR METRO ST N 1"=1000' w v, 'lhis map is a graphic representation prepared by thc City ofDcnton, Enginccring GIS Dcpartmcnt attd is intended for usc only as a reference. Data depicted here is not guaranteed for accuracy and may be subject to revision at any time without notification. A Registered Surveyor fbr the State of Texas was not consulted. Fro' Survey level a~;curacy, supervision and c~a-tification of thc pro- duccd data by a Rcgistcrcd Profcssional Land Smx'eyor for fire State of Texas would have to be performed. S:\Our Documents\Ordinances\05\TRIAD Encroachment Agreement Ordinance. doc ORDINANCE NO. AN ORDINANCE APPROVING AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF DENTON AND TRIAD-DENTON HOSPITALS, LIMITED PARTNERSHIP, TO ALLOW MONUMENT AND DIRECTIONAL SIGNAGE TO BE LOCATED WITHIN VARIOUS EXISTING CITY PUBLIC UTILITY EASEMENTS; AND DECLARING AN EFFECTIVE DATE THEREOF. WHEREAS, Limited Partnership easements pursuant ordinance as Exhibit the City of Denton has received a request fi:om Triad-Denton Hospitals, for the location of signage within several existing City public utility to an Encroachment Agreement, a copy of which is attached to this "A" (the "Agreement"); and WHEREAS, the Council of the City of Denton, Texas hereby finds and determines that the Agreement is in the public interest; and 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. SECTION 2. The Agreement is hereby approved and the City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City of Denton. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FOR_M: HERBERt__, Page 1 ENCROACHMENT AGREEMENT This agreement is entered into as of the effective date as hereinafter provided, by and between Triad-Denton Hospitals, a Texas limited parmership (called the "Licensee") and the City of Denton, Texas, a home role municipality (called the "City"). WHEREAS, pursuant to City ordinance no. Licensee has received approval of a special district under Section 35.15.18 of the Denton Development Code (the "Special Sign District"); and WHEREAS, as a condition of approval of the Special Sign District, Licensee is required to enter into this agreement with regard to those signs that will be located within City easements; and WHEREAS, there are five monument signs within the Special Sign District that are located within City easements which are described as follows: Monument Sign C to be located within an approximate 45 square foot area ("Sign C Encroachment Area") more particularly described as Exhibit "A" and depicted on Exhibit "A-1" and Exhibit "G", and to be constructed in accordance with the sign detail set forth in Exhibit "A-2" and the masonry base detail set forth in Exhibit "F" ("Sign C Specifications''), all of which exhibits are attached hereto and made a part hereof by reference; and Monument Sign E to be located within an approximate 17 square foot area ("Sign E Encroachment Area") more particularly described as Exhibit "B" and depicted on Exhibit "B-I" and Exhibit "G", and to be constructed in accordance with the sign detail set forth in Exhibit "B-2" and the masonry base detail set forth in Exhibit "F" ("Sign E Specifications"), all of which exhibits are attached hereto and made a part hereof by reference; and Monument Sign H to be located within an approximate 17 square foot area (''Sign H Encroachment Area") more particularly described as Exhibit "C" and depicted on Exhibit "C-i" and Exhibit "G", and to be constructed in accordance with the sign detail set forth in Exhibit "B-2" and the masonry base detail set forth in Exhibit "F" (''Sign H Specifications"), all of which exhibits are attached hereto and made a part hereof by reference; and Monument Sign DD to be located within an approximate 45 square foot area ("Sign DD Encroachment Area") more particularly described as Exhibit "D" and depicted on Exhibit "D-1" and Exhibit "G", and to be constructed in accordance with the sign detail set forth in Exhibit "A-2" and the masonry base detail set forth in Exhibit "F" ("Sign DD Specifications"), all of which exhibits are attached hereto and made a part hereof by reference; and Monument Sign R to be located within an approximate 39 square foot area (''Sign R Encroachment Area") more particularly described as Exhibit "E" and depicted on Exhibit "E-I' and Exhibit "G", and to be constructed in accordance with the sign detail set forth in Exhibit "E-2" and the masonry base detail set forth in Exhibit "F" ("Sign R Specifications"), all of which exhibits are attached hereto and made a part hereof by reference; and WHEREAS, the Sign C, Sign E, Sign H, Sign DD, and Sign R are collectively called the "Signs"; and WHEREAS, the Sign C Encroachment Area, Sign E Encroachment Area, Sign H Encroachment Area, Sign DD Encroachment Area, and the Sign R Encroachment Area are collectively call the "Encroachment Areas", and WHEREAS, Sign C Specifications, Sign E Specifications, Sign H Specifications, Sign DD Specifications, Sign R Specifications are collectively called the "Sign Specifications; and WHEREAS, the City and Licensee have entered into this agreement to set forth terms and conditions under which the Signs will be permitted within the Encroachment Areas; and Now, therefore, inconsideration of the covenants and promises contained herein, the parties agree as follows: 1. Subject to the terms and conditions contained in this agreement, the City hereby grants permission and license to Licensee to the locate, maintain and repair the Signs within the Encroachment Areas. 2. It is understood and agreed that the City only holds easement interests in the Encroachment Areas. Therefore, Licensee is responsible to obtain whatever rights and permission, other than the City's that are necessary from any others having an interest in the Encroachment Areas. This agreement shall extend to and be binding upon Licensee and its successors and assigns, and is not to be interpreted as a waiver of any rights held by the City under its easements 2. The Signs shall be constructed in such a manner, as not to interfere with the City facilities and shall be limited to and constructed in accordance with the City of Denton Development Code requirements and the Sign Specifications. Prior to performing any work, Licensee shall obtain a sign permit or sign permits from the City of Denton. The City reserves the fight to limit excavation within the Encroachment Areas and/or to require specific construction methods (including trench shoring or dry bore and casing installation techniques) for any work that may be permitted by this agreement. After installation of the Signs, Licensee shall restore the Encroachment Areas to their condition prior to such installation, except for the Signs. In addition, the Licensee shall provide adequate inspection and coordination with the City to insure that the contractor adheres to these items during construction. 3. The Signs are subordinate to the City's facilities and rights under City easements and right- S:\0ur Documents\Contracts\O5\Triad EncroachmentAgreement.DOC Page 2 of-way, including without limitation, utilities and retated facilities located now or in the future within the Encroachment Areas. In the event the CITY repairs, expands, or adds to its facilities within the Encroachment Areas, and in the City's sole opinion it is necessary that the Signs be modified, removed or relocated, in whole or in part, to accommodate such repairs, expansion or addition, Licensee shall, at its sole cost, modify, remove or relocate the Signs, as directed by the City, no later than 60 days after City gives Licensee written notice, unless an emergency repair is necessary wherein the City has the fight to remove the Signs immediately at the Licensee's sole cost and expense without any liability to City for such action. 4. Licensee shall defend, indemnify and hold harmless the City, its employees and agents fi.om and against any and all claims, expenses, (including attorney fees), damages, losses and judgments arising out of or incident to the presence, construction, operation and maintenance of the Signs. Before performing any work within the Encroachment Areas. Licensee and its agents or contractors shall provide to the City such certificate or certificates of insurance complying with the City's insurance requirements prior to construction or placement of the Signs with the Encroachment Areas. 5. Licensee and it's successors and assigns, and any contractor performing work within the Encroachment Areas on behalf o f Licensee shall purchase and maintain General Liability Insurance naming the City, its officers and employees, as an "additional insureds" for damages arising from the construction and maintenance of the Signs with a limit of not less than $250,000.00 for each person and $500,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property. 6. Licensee shall limit excavations, if any, within the Encroachment Areas to thc absolute minimum necessary to install the Signs and in no event at a depth that would disturb, damage or compromise the City's underground utilities. Grading, if any, shall be done in order to leave the Encroachment Areas in as near as possible to its present condition. Licensee shall keep the Encroachment Areas neat and clean and free of all trash, debfis, and spoil dirt. All construction equipment shall be operated in such manner as not to damage City facilities. 7. No trash dumpsters, toxic substances or flammable matefiaI are allowed on or in the Encroachment Areas. 8. The City is not responsible for any costs of construction, operation and maintenance of the Signs. It is further agreed that the City shall not be liable for any damage to the Signs as a result of the City's use of the Encroachment Areas. If any City property is damaged or destroyed by Licensee or its agents or contractors, it may be repaired or replaced by the City at Licensee's expense and payment is due upon Licensee's receipt of an invoice from the CITY. 9. Construction equipment and matefials shall not be stored within the Encroachment Areas. 10. It is understood and agreed that, in case of default by Licensee or its agents in any of the terms and conditions herein stated and such default continues for a period of thirty (30) days after the City notifies Licensee of such default, the City may at its election forthwith terminate this agreement and upon such termination all of Licensee's fights hereunder shall cease and come to an end. This S:\Our Documents\Contracts\OS\Triad Encroachment Agreement. DOC Page 3 agreement shall also terminate upon the abandonment of the Signs. In the event of tenrdnation, Licensee shall immediately remove the Signs. If Licensee fails to remove the signs the City is authorized to do so at Licensee's sole expense. 11. This agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Exclusive venue for the enforcement of this Agreement is Denton County, Texas. Dated to be effective as of the __ day of ,2005 (the "Effective Date"). CITY OF DENTON, TEXAS BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY MICHAEL A CONDUFF CITY MANAGER 215 E. McKinney Denton, Texas 76201 BY: APPROVED AS TO FORM: TRIAD-DENTON HOSPITALS BY: Name: Title: ACKNOWLEDGEMENTs S: \Our Documents\Contracts\OS\Tri ad Encroachment Agreement.DOC Page 4 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on ,2005 by Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of such municipality. Notary Public in and for the State of Texas My Commission Expires: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on ., 2005 by the general partner of Triad-Denton Hospitals, Texas limited partnership, on behalf of said partnership. Notary Public in and for the State of Texas My Commission Expires: S:\Our Documents\Contracts\OS\TriaO Encroachment Agreement. DOC Page 5 SIGN PLAN PROFILE WITH CURVED 'FACE --/ BASE BELOW MASONRY CONCRETE FOOTING BELOW--~ 15'-0" · 12'-0" . ~ ~_~_ .' i : [ .TOP VIEW 5'-0" x 12'-0" x 2'-0" INTERNALLY ILLUMINATED SIGN CONSTRUCTED OF MONOLITHIC ALUMINUM WITH COPED OUT LETTERING. , 12'-0" §' ~'~- _ Presbyterian ~, Hospital of Denton -) Main' Entrance ' ".~R^D[_,.__,_, ._.,_L .... 1 .... ] ..... L__~__I- ._ -~j I ;~'L ......................... '~ 15'-0"'~' 'WITH RUSTICATED BANDING MAIN ELEVATION ,,, SIGN (~) i~~ DETAIL ...~ SCALE: 3/8' = 1'-0" "~:'''! /''.' :"'" '~' '~:~'''''' · ~:..~ Presbyterian H'ospital of Denton Exhibit ^-2 Dean, Texas February i, 2005 pa(~e I of 4 ~CE'iNOt~::~;tl/stafic¢:of 7!:O~feel~:~,.~ P~ f~i~. SIGN PLAN PROFILE WITH CURVED FACE --~ CONCRETE FOOTING TOP VIEW 4-'-O" x 6'-0" x 1'-4." INTERNALLY ILLUMINATED SIGN CONSTRUCTED OF MONOLITHIC ALUMINUM WiTH COPED OUT LETTERING. $'-0" ~ Main Entrance Patient Registration Medical Buildings t-3 Receiving GRADE J.~ ~ . , I. 7'-o: CONCRETE FOOTING MAIN ELEVATION SIGN (~ ~ SCALE: 3/8" = 1'-0" DETAIL Presbyterian Hospital of Denton Denton, Texas Februay 1, 2005 Exhibit B-2 page 2 of 4 ('Variable widJb:,!B~ Exhibit E K~it~f~on~'~ ~d Surveyo~ Exhibit E-1 26' SIGN PLAN PROFILE WiTH CURVED FACE MASONRY BASE BELOW CONCRETE FOOTING BELOWl3,_0,, / 6'-O" x 10'-0" x 2'-O" INTERNALLY ILLUMINATED SIGN CONSTRUCTED OF MONOIJTHIC ALUMINUM WITH COPED OUT LETrERING. 12'-0" 10'-0" Presbyterian Hospital of Denton .I GRADE t- __L Main Entrance The Center for Women Surgery Center Medical Buildings 4-6 Receiving 13'-0" CONCRETE FOOTING \ ' SYNTHETIC STONE MASONRY;BASE-- WITH RUSTICATED BANDING MAIN ELEVATION SIGN (~ DETAIL SCALE: 3/8" = 1'-0" i -I '1 Ar~t~e~ts Presbyterian Hospital of Denton Denton, Texas February 1, 2005 Exhibit E-2 page 3 of 4 ' IIIl'll'llllill ~" · r '"'": "i i : ii1[ '1:~'':1 :' '~ :~':~"='~":'~:'~'~"::~'~ I i( .. SIGNAGE BY VENDQR - COORDINATE I 2'-6"m m .... ~ ANCHOR/BASEPLATES W1TH VENDOR J,,. VARIES .: L VARIES o /----EXTEND BASE 6" MIN. BEYOND -~J ' I '/EDGE OF Sl(~N, EACH WAY t n n I ,Zr o i - ~ STEEL REINFORCED m ~ 4 - #4 CONT. WITH ~4 r._:, BARS AT 2'-0" O.C.V. SECTION- 2 MASONRY BASE . DETAIL wt .... ILI. UMtNATED ~ONUMENT SIGNAGE BY ..... ! ....... ,~'""" VENDOR - COORDINATE , ~ , : ~ j ANCHORS/BASEPLATE WnH VENDOR I I I/--- 4" 'CALSIU~ SILLCATE iMASONRY CAP J r ,,.-ilk../ BLOCK - INSTALL FLEXIBLE ~m ~ -- ~ ' . ~ [---- ~-- VERTICAL JO NTS - GROUT BOTTOM VOiD .,. ,~ 61 - ~' ND INSTALL WEEPS TO GRADE J -cn' : I~'~5- #4 CONT, WiTH ~4 SECTION- 1 MASONRYBASE DETAIL SCALE: 1" = 1'~0" ~=~j'22Presbyterian HospKal of Denton Exhibit F D~n, l~xas ~bruar~ ~, 2005 ~ag~ 4 o~ 4. Exhibit .-% Z Ascension Group Architects 1250 E Copeland Suite 500 Arlington, Texaa 7601 t tel 817.226A917 fax SJT.226.1919 www.ssc~siongm~p.biz February 1,2005 City of Denton Real Estate and Capital Support Division $0'1 E. Hickory Street, Ste. B Denton, TX 76205 RE: Request for Encroachment Agreement Presbyterian Hospital of Denton To Whom It May Concem: On behalf of Presbyterian Hospital of Denton, we are requesting permission to encroachment into various utility easements for the placement of signs directing traffic into and around the expanded hospital campus. As part of the Special Signage District request currently under review, these specific locations are requested for better'visibility from the roadways as would be allowed without their approval, and will direct visitors to the emergency entrance. The fPve locations are designated as Signs C, DD, E, H and R per Exhibits 'A' and 'B'. Signs will be constructed of aluminum with concrete and/or masonry bases per Exhibit 'C'. A description of each location is as follows: · Signs C and DD are located in the center of an access and utility easement created for the hospital development. Specifically, these signs are placed in the center of a landscape island that divides incoming and outgoing traffic. This is the best placement for this sign in order to identify these major entrances, and compliment the landscape beds in which they are placed. Per previous discussions with Scott Jordan, no publicly maintained utilities are current, installed below these locations, and adequate space is provided to install additional utilities in the future as may be required. Care has been taken to keep these out of the intersecting utility and electric easements parallel to the street. These signs w~ii be installed on monument bases that will limit lhe depth of penetration required for their support. Signs E and H are also shown in access and utility easements. The dght of way setback and parallel easement threaten to set these signs back 30 feet from the curb unless allowed into utility easement parallel to ~e street. Our concern is that this distance from the curb may result in visitors missing these drive entrances and continuing to the one-way service mad. The site plan locates these in the easement 20 feet from the curb in order to direct traffic'to the emergencyentrance. These signs will be installed on concrete footings that will limit the depth of penetration required for their support ............. · -u--'Si{]'n R 'is-a-ff ~xistii~ig--bff'pre~i~-.~i.~n-l~ei['i~ pro~0~d to [~e"-~isiaced.-"1=h-i~ off pr-6~i~ ~i~-n"i~'i~ee~ed .............. to direct traffic from the intersection at Bonnie Brae and Scripture to the new emergency entrance. The existing parking layout prohibits this sign fi'em being located out of the easement while stili effectively addressing the intersection. Replacement of the sign wilt allow the material and color to tie back into the hospital sign standard. Once again, this sign wilt be installed on a monument base that will limit the depth of penetration required for its support. In iocating these signs as detailed in the Exhibits A, B and C, traffic safety has in no way been compromised. All comer visibility triangles have been~ maintained, and signs do not otherwise create obstructions that could result in reduced visibility or accidents. If you have any questions, please contact me at 817-226-1917 (office), 817-691-1611 (cell) or by email at 'cduren@ascensiongroup.biz'. Sincerely, Chad Duren Ascension Group Architects AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - SD04-0003 (Presbyterian Hospital) Hold a public hearing and consider the creation of a Special Sign District for the Presbyterian Hospital developmem. The approximately 47 acre property is in a Dowmown Commercial General (DC-G) zoning district and is generally located on Imerstate 35, south of Scripture Street, north of West Oak Street, and west of Bonnie Brae. The purpose of the Special Sign District is to allow signage for the development to deviate from the requirements of Subchapter 15 of the Development Code relating to directional signage. The Planning and Zoning Commission recommends approval (6-0). (SD04-0003, Presbyterian Hospital, Donna Bateman). BACKGROUND Applicam: Presbyterian Hospital of DeNon DeNon, TX The applicant is proposing the creation of a Special Sign District. Subchapter 15 of the Development Code, authorizes the City Council to approve the creation of a sign district if it finds five criteria (Attachment 1) are met and that the proposal is "clearly superior" to what would be permitted without the plan. Public notification and property owner responses are provided in Attachmem 3. As of this writing, staff has received no written responses from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Approve with conditions 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0). ESTIMATED PROJECT SCHEDULE The subject property is platted. PRIOR ACTION/REVIEW The following is a chronology of SD04-0043: Ordinance 2002-040, adopted February 2002 placed the subject property in the Downtown Commercial General (DC-G) zoning district and land use classification. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned Agricultural. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Letter from Applicant 5. Sign District Site Plan (reduction) 6. Sign District Site Plan and Proposed Signage (provided in separate booklet and map with packet) 7. Planning and Zoning Commission Minutes of January 12, 2005 8. Draft Ordinance Prepared by: Donna Bateman Development Review Manager Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Request The applicant is proposing the creation of a Special Sign District. Subchapter 15 of the Development Code, authorizes the Planning and Zoning Commission to make a recommendation to the City Council if it finds the following five criteria are met and that the proposal is "clearly superior" to what would be permitted without the plan. The ordinance states: The council may approve the creation of a sign district for any property that has more than three hundred (300) feet of continuous street frontage on one (1) public street if it finds the district: (1) Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan; (2) Would be compatible with surrounding properties. In considering whether a district and sign plan is "compatible" and "clearly superior", the commission and council shall consider, but are not limited to considering the following: 4. 5. 6. Scale. The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. Color. The relationship between and compatibility of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimentary to its surroundings. Material. The materials of the signs and how they relate to their surroundings. Shape. The shape and design of the signs and how they relate to their surroundings. Landscaping. The relationship of signs to landscaped features in and outside the district. Traffic SafetF and Traffic Circulation. The impact of the signs on driver's view, the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and the time it takes a motorist to read the sign. Illumination. The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. Integration. How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. (3) Is not being used merely to avoid or gain a variance of the sign regulations; (4) Does not violate the spirit or intent of the sign regulations; and (5) Complies with these requirements for a special sign district. Existing Condition of Property The subject property is developed as Presbyterian Hospital. Adjacent Zoning North: Neighborhood Residential Mixed Use (NRMU) zoning district South: Downtown Commercial General (DC-G) zoning district East: Neighborhood Residential 3 (NR-3) zoning district West: Industrial Center Employment (lC-E) zoning district The subject property has frontage along four roadways: 1-35, West Oak Street, Bonnie Brae and Scripture Street. Sign District Plan Analysis Staff's analysis for the Special Sign District requires the review of the criteria stated in the ordinance, which has been reiterated in the above summary. The Development Code criteria is in bold, followed by a finding from Staff: The council may approve the creation of a sign district for any property that has more than three hundred (300)feet of continuous street frontage on one (1)public street if it finds the district. Staff Finding: The subject property has approximately 1,308 feet of street frontage along 1-35, 1,191 feet of street frontage along Scripture Street, 773 feet of street frontage along West Oak Street and 540 feet of street frontage along Bonnie Brae. Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan; Staff Finding: · A site plan has been prepared by the applicant (Attachment 5). The applicant is requesting to deviate from the Code for monument signs and traffic control signs (also known as directional signs). A comparison of what is proposed and permitted by the sign ordinance is shown in the following 2 tables (Table 1 is an analysis of proposed Monument Signs and Table 2 is an analysis of proposed Traffic Control Signs): Table 1 Monument Signs !!!!!!!!!!!!!!!!!!!!!!I!!!!!!I!!!9!!!I!!!!!!!!!fe~!!!!!!!!!!!!!!!!!!!!!!!! 8 :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 6feet iiiiiiiiiiiiii3iiiiiii~iiiiii8iiSiiiiiiftiiiiiiiiiiiiiiiii 60sq. ft. iiiiiiiiiiiiiii3iiiiiiiai~iiiiii60iiiiiiisqiiiiiiiftiiiiiiiiiiiii * Two of the s~gns along Scripture exist, which the applicant proposes to replace. ** One of the signs along Bonnie Brae exists, which the applicant proposes to replace. Staff Findings: The applicant's proposal would decrease the number of proposed signs along 1-35, Scripture and West Oak Street, while maintaining the allowable number of signs along Bonnie Brae. Additionally, three signs along Scripture Street exceed the maximum height of monument signs by 2.5'. The applicant is removing (without replacing) an existing monument sign from Scripture Street. Three of the proposed monument signs (See Attachment 5: C, R, & DD) are located within easements. The Development Code does not permit signs to be located with easements, however the Special Sign District request allows for consideration of these locations. An easement encroachment, approved by City Council, agreement including a hold harmless agreement is required for permitting signs in an easement. Table 2 Traffic Control Signs * One of the internal signs exists, which the applicant proposes to replace. Staff Findings: There are no limitations for the number of traffic control signs allowed on the premises when they meet the sign ordinance requirements. The applicant is including these in the Special Sign District request due to the increased size of the signs. A couple of signs are in easements (See Attachment 5: E & H). If approved, staff recommends the applicant be required to submit a easement agreement for approval by staff. The applicant is removing (without replacing) five existing internal traffic control signs. 3. Would be compatible with surrounding properties. Staff Findings: Within the surrounding area, there are a variety of building and sign styles and materials. The applicant is proposing consistent use of material, color, and architecture features for all proposed signs. In considering whether a district and sign plan is "compatible" and "clearly superior", the commission and council shall consider, but are not limited to considering the following: 4. Scale. The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. Staff Findings: The subject site is a 47-acre tract of land housing several existing and proposed medical facilities. The medical campus provides a mixture of medical offices and as well as a medical hospital. The proposed signs are in scale to existing and proposed buildings. Color. The relationship between and compatibility of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimentary to its surroundings. Staff Findings: The proposed monument signs will compliment the proposed buildings of the subject development, meeting this requirement. 6. Material The materials of the signs and how they relate to their surroundings. Staff Findings: All proposed monument and traffic control signs will be a deep blue, consistent with the Presbyterian Hospital theme. Monument signs will display individual tenant signs. The size of each individual tenant sign will vary according to the size of the monument signs and the number of tenants to be displayed. 7. Shape. The shape and design of the signs and how they relate to their surroundings. Staff Findings: Signs proposed would be of standard geometric shapes that are comparable to other signs throughout Denton. 8. Landscaping. The relationship of signs to landscaped features in and outside the district. Staff Findings: The applicant is proposing to surround all but one of the monument signs with landscaping. One sign will not be located within a landscaped bed due to a lack of irrigation. Traffic Safe.tv and Traffic Circulation. The impact of the signs on driver's view, the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and the time it takes a motorist to read the sign. Staff Findings: The majority of proposed signs are in accordance with sign location requirements. However, some proposed sign locations are within easements. The applicant will be required to submit a hold harmless agreement for approval by staff. The additional traffic control signs are intended to reduce confusion for motorists. 10. Illumination. The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. Staff Findings: Five monument signs and two traffic control remaining twelve signs will not be illuminated. signs will be internally illuminated. The 11. Integration. How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. Staff Findings: The applicant has integrated the design of the monument signs. architecture features of the proposed buildings into the 1Z Is not being used merely to avoid or gain a variance of the sign regulations; Staff Findings: Thirteen sign variances would be necessary for the approval of the signs as proposed by the applicant. 13. Does not violate the spirit or intent of the sign regulations; and Staff Findings: The proposed special sign district will regulate signs according to number, size, height and location. 14. Complies with the requirements of the ordinance for a special sign district. Staff Findings: All submittal requirements of the Special Sign District have been met. This section of the ordinance allows the Planning and Zoning Commission to recommend and the City Council to impose appropriate conditions concerning the placement, design or use of signs in the district in order to protect surrounding properties, the community, and comply with the intent of the sign ordinance. Staff Recommendation The applicant's proposal would significantly decrease the number of proposed signs along the streets of the medical campus. In addition, it would provide a uniform scale and architectural form for all signs throughout the 47-acre development. Therefore, staff recommends approval with the following condition: A. The applicant will be required to submit a hold harmless or easement agreement for approval by staff for all signs to be located within easements. ATTACHMENT 2 Location/Zoning Map NORTH Land Use Map ATTACHMENT 3 Notification Map NORTH / i'~ Limits of 200 Scale: None Public Notification Date: December 28, 2004 200' Legal Notices* sent via Certified Mail: 22 Number of responses to 200' Legal Notice: · In Opposition: 0 · In Favor: 0 · Neutral: 0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 a Attachment 4. architectural identification incorporated Florida Branch Office 1122 West Faith Cirtce Bradenton, FL 34212 Telephone (941) 749-7406 FAX (614) 868-8590 E-mail - ~trept._e_~_._a.~r~chi..d._,_n.~l; November 10, 2004 City of Denton 221 N. Elm Denton, TX 76201 RE: Request for Special Sign District Presbyterian Hospital of Denton To Whom It May Concern: On behalf of Presbyterian Hospital of Denton, we are requesting your review of the attached signs (noted as Sign Type B1, Locations B, D, E, F, H and CC) for size variances. The major purpose of these signs is to direct traffic to the Emergency Depadment. Our concern with the 10 square foot allowance on a site this size is the visibility. Most of these signs direct the public to the Emergency Department. Given this fact, people approaching the hospital in an emergency need to readily identify and quickly find the Emergency entrance. Aisc, another concern is the fact that hospitals have a large elderly population, thus requiring signage that has copy large enough to read and make a timely decision to turn. Additionally, one of the most important concerns is to have signs clear and large enough to assist hospital patrons to the correct location. When visiting a hospital it is not always under the best of circumstances. Adequate signage can be one of those items that can reduce one's stress by assisting people in locating their destination. We appreciate your time and effort in the review of this request. If you have any questions, please contact me at 941-749-7406 (office), 727-639-0250 (cell) or by email at 'trente@archid.net'. Sincerely, Trent M. Eckfeld Sr. Project Manager ATTACHMENTS Cc; Jeff Reecer, Denton Community Hospital Chad Duren, Ascension Group ArChitects Dean Halijan, Bovis Lend Lease · Ed Davidson, Triad Hospitals, Inc. Project File ~ Atlachmenl 5 ...J ii! CondenseltTM 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 19 20 21 22 23 24 25 Page 73 COMMISSIONF~R STRANGE: And the last item is a creation of a special sign district for the Presbyterian Hospital Development. The approximately 47 acre property is in a downtown conunercial general zoning district and is Page 75 Durham with the Century Group Architects. And I'm here on behalf of Denton Community Hospital, which will become Presbyterian Hospital in April of this year. I request a special sign district. And, you know, tile purpose for our generally located on the south side of scriptm,e on the north side of West Oak and on the west side of Bonnie Brae. The purpose of the special sign district is to allow signage for the development to deviate from tile lequirements of subchaptcr 15 of the development code relating to directional signage. And I'll open the public hearing and Mr. Fuller. MR. FULLER: Thank you and good evening. I would like to preface my presentation by stating that I have had the opportunity to review the applicant's presentation and there is going to be a lot of redundancy between staff's presentation and the applicant giving the visual aide, the signs, the location. So with the Cmmnission's consent I would like to sort of hit the high points, let the applicant give their presentation rather 5 request is to create a unified and consistent signage 6 identity throughout the campus that will, you know, p 7 provide clear, concise directions to our emergency and 8 other departments that am going to be within this -- thc 9 hospital plan. lust a brief background, the site, if 10 you've been out there, if you've driven past the corner 11 has significantly changed. 12 Tile hospital campus has increased from 12 13 acres to 42 acres. The number of entrances has increased 14 from three to nine and the street frontages has increased 15 from two street frontages to four street frontages. So 16 signage and directional signage in particular is very 17 important to them in temas of getting tile people coming to 18 the hospital, where they need to be as quickly as possible 19 so that they're not lost in what's going around them. than be redundant. And if you have any questions of staff and the applicant we address those at that time. COMMISSIONER STRANGE: That would be fine. MR. FULLER: The applicant is requesting a sign district with regard for monmnent and traffic signs for height, location and size. Five monmneat signs, two Page 74 traffic control signs will be internally eliminated. The remaining 12 signs will be -- will not be eliminated. The 13 sign variances would be necessary for the approval of 20 121 22 23 24 25 The -- you've been provided, I believe with a site plan which shows the special sign district boundaries and locations of all signs. We'll probably try and get the highlights as well. This is tile new building and existing facilities as they'll appear when they're finished. The typical sign -- this is a typical sign. Page 76 This is the sign located at the southwest comer of the property at the frontage road and Oak Street. As a typical sign, this is probably the largest one. But tile sign districts as proposed by the applicant if the sign district is not approved. Staff mailed legal notices to property owners within 200 feet. We received no responses in return. The applicant's proposal will significantly decreased file number of proposed signs. Ia addition, it will provide a unifom~ scale, and architectural form for all signs within the district. Staff recoa~nends approval witb the condition that the applicant be required to submit a hold harmless agreement for approval by staff for all signs to be located within easements. With that, I'd hke to turn it over to the applicant. COMMISSIONER STRANGE: Thank you, Mr. Fuller. MR. FULLER: Thank you. MR. SNYDER: Can I get a clarification on that? COMMISSIONER STRANGE: Yes, MR. SNYDER; AI~ yOU talking about our typlca[ encroachment agreement when you say hold han~aless? MR. FULLER: That's correct, MR. DURHAM: Good evening. My name is Chad 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 typical construction will be a recta! panel with a slight curve that the plan of that sign is on top. It will be a metal panel painted blue. All signs existing will be replaced. They'll be replaced with a blue sign for consistency. Our major monmnent sign will also be set on a masonry base. That's at the bottom of this sign. We have, I believe five signs, monument signs, that will have masonry bases like this. The emergency is typical. I mean, the prhnary directional issue with signs around the hospital, of course, is location of the emergency room. But also, you'll see thc center for women, the obstetrics department will be in the existing facility which is accessed from Bonnie Brae, and the new facility, of course, will be facing 1-35, so we'll have actually two different locations where we have -- the people will want to get to in a hurry. The second sign here is probably the typical -- is the typical directional signs. This is slightly larger than the ten square feet. Typically directional is 24 square feet. Again, the primary reason for that is for concise directions to the emergency room. PLANNING AND ZONING MINUTES JANIJARY 12, 2005 Page 73 - Page 76 CondenscltTM 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Page 77 We have four of these located at -- on the street, which will identify drives to either turn into or to pass by on the way to the emergency room. Moving on to the -- this will be, you know, just a typical directional sign. This is along 1-35. You can see the setback from the street and this is a typical configuration. This next sign is a monmnent sign. This particular sign we have two of at our main entrance drives on to the campus, on to the new portion of the campus. Each one of these is set on an access utility easement that was created on the plat. The proposed location is in an landscaped island in the middle of the -- in the middle of the drive -- I'm sorry. I'm in the wrong direction, where the sign is located on the lower picture here, that is the landscaped island. There's also a utility easement along the property line which we set the sign out of though it will be used in that access easement. We've discussed this placement with the City and the Planning Department, and one of the issues that we've -- or the construction of this would be to construct it on a concrete base so that we've minimized our penetration into that utility easement if for some reason at some point in time we put utilities under this. This particular access easement is about 40 to 45 feet wide. Again, it was created for fire department access, Page 78 the fire loop. So there should be plenty of space for additional utilities in the future, if required. One of the -- I believe, Chris had mentioned the hold harmless agreement. That is something 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 79 passes this, then there is a potential for conflict there, they'll have to do a U-turn at the access road, which would bc problematic. Again, wc'vc discussed this with the Planning Department, a masonry or concrete base would be provided to minimize thc depth into that utility casement and thc hold harmless agreement would address that as well. I wanted to skip a few of these. Another internal directional sign. Another directional sign at the street. This is an internal sign which complies with thc ten square foot rextuirmncnt. So wheax: wc can, whm'c it's not an issnc with the emergency we've placed those at that size. These are replaced signs for the physician buildings. The top is existing. Thc bottom is the proposed. This sign is probably our most critical sign. This is located at the corner of Bonnie Brae and Oak Street. And there is an existing sign there. At tile top is the existing sign. As you can tell, it's got a lot of competition at that corner with thc electrical on thc street. What our proposed sign is would increase that size. And once again, tile color, size and materials used on thc sign would bring thc materials and try to identify the hospital. This sign does have the Presbyterian logo that we are currently da'afting and we'll propose to this planning depamncnt shortly. Thc -- again, this is just an internal directional sign. This is internal to thc property. It's not on thc -- it's not next to the street. Wc have several of these, I believe four of thesc around the property. The increase size is actually going to allow us to reduce the quantity needed. You know, we'll be able to -- or patrons of the hospital will bc able to identify the emergency room and services that they're trying to get to quickly or identify those signs and be able to see them from fm'ther away and be able to make those decisions. So we should be able to reduce -- havc 5 6 7 8 9 10 11 12 13 14 15 16 Page 80 at the top. The issues we've had with this sign~ once again, are it's an existing sign, and we would not -- because it's existing and located in a utitity easement, -- you know, essentially reduce the complaint you nonnally have with a smaller sign. Let's see. This is a sign that's on Scripture Street. We're -- it's a directional sign. We have two of these on Scripture. And our primary concern with this is that there's a 16-foot access easement. We're ~questlng that these be placed 20 feet from the curb, primarily because it deadends into a one-way street, which is tile frontage road. If anyone accidenlally 17 18 19 20 21 22 23 24 25 that replacing it would require us to go through the variance process, but we've included this as an off-premise sign in our special sign district to try to -- or to try to unify this sign as part of the special sign district. It's very critical from the north and the south in terms of identifying the emergency room and the wolnen's center which would have tile obstetrics wing. Tile remaining signs are essentially more of the sahae. This is the sign from tile existing building that we'll be replacing and really no issues with this sign. And the rest are directional signs. And I don't know -- you have it in your package. You're probably not interested in looking at those. But just to smmnarize, you know, we're really just trying to cream this district for unified, just consistent approach to signage, get them alt the same color, approximate the size and to really unify that and also in temls of providing clear direction, location has been an issue in temps of easements. And following that, I'll just open up for questions. COMMISSIONER WATKINS: The sign R-83.1, PLANNING AND ZONING MINUTES JANUARY 12, 2005 Page 77 - Page 80 CondenseltTM 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 81 side 1 -- yes. This is at Scripture and Bonnie Brae? MR. DURHAM: Yes. COMMISSIONER WATKINS: The sign is on the west side -~ MR. DURHAM: That's con'ext. COMMISSIONER WATKINS: -- of Bonnie Brae. Okay. And the picture in the book wNch is a flop shows the stop line for the person going east on Scripture Street, climbing the hill. Okay. And when you look at it like if they stopped three foot before that white line, they won't be able to see south, I suspect that with your hospital -- I love your signs, by the way. I think they're gae, at. MR. DURHAM: Thank you. COMMISSIONER WATKINS: when I look at that I think about a stop light. There's one at Hickory and one at Oak Street. And probably you're going to generate a good bit of traffic, so there may be a stop light there. Is there anyway that you could move it a little further west? I know you want to be on the corner. The City didn't do a lot with their deadhead. But you have to rmnember that that was probably placed there when Bonnie Brae was a two-lane street without curbs and gutters. Yom' sign is just crowding just a little bit, in my opinion. 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 Page 83 Mr. Roy. COMMISSIONER ROY: would you say again why your traffic control signs have to be in every case more than double the Code requircrneats? MR. DURHAM: well, at ten square feet, we didn't feel like and we didn't feel like we could get the emergency to the eon'ecl size and in discussions with the sign contractor and consultant, I mcan, they've had extensive experience in this, and the size of the letters is a big concern to them obviously in terms of not only distance and being able to read those signs, but also the frmne of mind of the person who's coming to the emergency room. They may be a little bit -- you know, a little frantic and having a larger area is going to help them identify that sign, number one. A ten foot square sign, I believe, is -- I think we had an example of that. It was about two and a half feet by four feet, and their experience has been Ii,falling that size down to small is problematic. And they've had some issues in terms of litigation and I can -- he can probably expand a little bit more where they've had -- they've had entities or hospitals, you know, falling under litigation in temps of not properly signing their emergency room. And that's probably what -- primarily what it is, the emergency room that we're trying to identify. Page 82 MR. DURHAM: ID, you know, the visibility triangle is, of course, taken from the curb, which doesn't take into account the location of the stop sign. If I can get back to the site plan, it does have details of each one of those comers. COMMISSIONER WATKINS: Right. MR, DURHAM: AS accurately as we can portray. We are hemmed in by existing parking structure. COMMISSIONER WATKINS: Yes. MR. DURHAM: There's this parking area in that area. We've tried to push it over as much as we can, and I believe we're probably about as close -- I mean, we could probably push it over a foot or two from that curve. And I think we ~~ I believe we actually are trying to extend that sign to the west. And I don't believe we're extending it very much farther than the existing sign is currently. COMMISSIONER WATKINS: Okay. I was just, you know, voicing a concern about it, certainly not to stop it. But that four-way stop sign works marvelous[y, but still by the stone token, a lot of people stop be[ore they get to the stop sign. And if they do they will be blocked to the south. But I do love your signs. Thank you. COMMISSIONER STRANGE: Any other questions? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 t6 17 18 19 20 21 22 23 24 25 Page 84 Part of our problem obviously is that we're starting at Bonnie Brae with our emergency room and moving it to the Scripture Street location. So anyone who is -- hopefully, you don't have experience with that, but if someone who has experience and is going to the emergency room, they need to be able to quickly identify that they're needing to go somewhere else. COMMISSIONER STRANOE: Any Other questions of the applicant? Thank you very much. MR. DURHAM: okay. Thank you COMMISSIONER STRANGE: oh, Joe or Mr. Roy, your name is back up again. COMMISSIONER ROY: It didn't go off. COMMISSIONER STRANOE: okay. Is them anyone else who wishes to speak on this issue? We have no cards. If there is no one else that wishes to speak, I'll close the public hearing and do we have a motion? Mr. Watkins~ COMMISSIONER WATKINS: 'thank you, Mr. Chair. I would like to move approval of SD-04-000~3. COMMIS.$IONER ROY: And w{>'ll add the conditions imposed by staff, recommended by staff?.. COMMISSIONER WATKINS: Yes, please, COMMISSIONER ROY: And then on that basis, I'll second it. PLANNING AND ZONING MINUTES JANUARY 12, 2005 Page 81 - Page 84 CondcnscltTM 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 85 COMMISSIONER STILA.NGE: We have a motion by Mr. Watkias~ a second by Mr. Roy. Is there any other discussion? No other discussion, we'll call for a vote. Vote passes 6-0, The next agenda item is any future agenda items. Arc there any to be brought befor~ the Commission? If not, we will call for adjournment. PLANNING AND ZONING MINUTES JANUARY 12, 2005 Page 85 - Page 85 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN APPROXIMATE 47.12 ACRES OF LAND SURROUNDED BY INTERSTATE 35, SCRIPTURE STREET, BONNIE BRAE, AND WEST OAK STREET AND FURTHER DESCRIBED AS LOTS 1R1, 1R2 AND LOTS 2-8, BLOCK 1 OF THE TRIAD ADDITION; LOT 10R, BLOCK A OF THE BONNIE BRAE ADDITION; AND LOT 1, BLOCK A OF THE MED-TEX SUBDIVISION IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMU~ AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD04-0003) WHEREAS, Presbyterian Hospital of Denton (the "Applicant"), has applied for a Special Sign District on real property containing approximately 47.12 acres of land in a Downtown Commercial General (DC-G) zoning district, where such real property is legally described as Lots 1R1, 1R2 and Lots 2-8, Block 1 of the Triad Addition; Lot 10R, Block A of the Bonnie Brae Addition; and Lot 1, Block A of the Med-Tex Subdivision, additions to the City of Denton, Texas (the "Property"); and WHEREAS, the Special Sign District Plan is on file in the offices of the City's Planning Department, which consists of a sign location map, a copy of which is attached hereto and made a part hereof as Exhibit "A" (the "Sign Map") and an exterior sign system a copy of which is attached hereto and made a part hereof as "B" (the "Sign Dimension Plan") (the Sign Map and Sign Dimension Plan are collectively called the "Special Sign District"); and WHEREAS, on January 12, 2005, the: Planning and Zoning Commission, after a public hearing, recommended approval of the Special Sign District, with conditions; and WHEREAS, the City Council finds that the Special Sign District is in compliance with the Subchapter 15 of the Development Code of the Code of Ordinances of the City of Denton (the "Sign Ordinance"), and is consistent with the Denton Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Special Sign District is hereby approved on the Property subject to the following conditions (the "Special Sign District Regulations"): One (1) monument sign is permitted on West Oak Street as depicted in the Sign Map and identified as Sign "DD", limited to the conditions contained in the Sign Dimension Plan, including the maximum height and size restrictions. The sign shall be of the same bo Co construction materials and architectural design as all other ground signs on the Property. Two (2) monuments signs and one (1) private traffic control sign are permitted along Interstate as depicted in the Sign Map and identified as Signs "A", "B", and "C", limited to the conditions contained in the Sign Dimension Plan, including the maximum height and size restrictions. The signs shall be of the same construction materials and architectural design as all other ground signs on the Property. ' Six (6) monuments signs are permitted along Scripture as depicted in the Sign Map and identified as Signs "E", "H", "K", "N", "P" and "R", limited to the conditions contained in the Sign Dimension Plan, including the maximum height and size restrictions. The signs would be of the same construction materials and arch/tectural design as all other ground signs on the Property. Two (2) monuments signs are permitted along Bonnie Brae as depicted in the Sign Map and identified as Signs "T" and "U", limited to the conditions contained in the Sign Dimension Plan, including the maximum height and size restrictions. The signs shall be of the same construction materials and architectural design as all other ground signs on the Property. Five (5) monument signs are permitted on Lots 3 through 7, Block 1, of the Trim Addition as depicted in the Sign Map and identified as sign "EE", limited to the conditions contained in the Sigh Dimension Plan, including the maximum height and size restrictions. The sign shall be of the same construction materials and architectural design as all other ground signs on the Property. Six (6) private traffic control signs are permitted along interior routes within the Property as depicted in the Sign Map and identified as Signs "CC", "D", "F", 'T', "J", and "W", limited to the conditions contained in the Sign Dimension Plan, including the maximum height and size restrictions. The signs shall be of the same construction materials and architectural design as all other ground signs on the Property. Three (3) monument signs are permitted within the public utility easement as depicted in the Sign Map and identified as Signs "E", "H" and "R" along Scripture Street, limited to the Conditions contained in the Sign Dimension Plan, including the height and size restrictions, but only if the City Council approves an Easement Encroachment Agreement. No other ground signs are permitted within the Property. Additional wall signs, private traffic' control signs and roof signs are permitted and regulated by Subchapter 15 of the Development Code. Sign ilh~mination shall be directed toward parking lot areas and shall be designed and maintained so as not to shine on or disturb surrounding residential property. SECTION 2. This ordinance shall supercede all requirements of the Sign Ordinance affecting the Property that are in conflict with or addressed by the Special Sign District and the Special Sign District Regulations established by this ordinance. Alt other provisions of the Sign Ordinance shall remain in full force and effect against the Property. Page 2 SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be freed 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 4. 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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINEBROCK, MAYOR APPROVED AS TO LEGAL F:ff)RM: HE~ORNEY P~e3 Exhibit A .' / Exhibit B Presbyterian HosPital of Denton Exterior,Sign System Final Revision December 14, 2004 Prepared'By: Architectural Identification Incorporated :!41 Ou~erbelt Street Co~umb'us, OH 43213 1122 West FNth Circle Bradertton, FL ~4212 ' Ph: 800-092-2131 Fax: 614-668-8500 Pit: 941.74g-7400 F&~c 941-740.85~8 SIGN i CO0~OINAT~ 2'-~" I ~ ~OR ~ ~ - ~ nVA'l2 ~'~IN,, /OF~I~,~~ ~ . ~ :Il=ill=il . .. .. i~jll=t~ - ~ ~ ' n " SIGN BASE DETAIL SCALE; 1"- 1'-0" MIN. VARIED 2U,4" 'SIGN -- d MASONRY SIGN BASE DETAIL SCALE: 1" -- 1'-0' ILLUHINATED MONIJNENT 5ISNAc~ ~ VEN~OP.. - COORDINATE ANC.,I-IORS/E, ASEPLATE INITH VENDO~ GAI. SIUI"I 511.IGA~ HA~NRY CAP' BLOGK - INSTALL FI.~XlI~LE DRE.55F_.D FAC, ED ~E IdITH FLL,~ VERTICAL JOINT5 ROC, KED FACE CdqJR_~ PIITH F~KE JOINT~ TOP ~. t~I'TOH --C, ONGP. ETE 5TEH NAI. L I,'qITH I,,tASOI~Y ANC,~ TO VENEER --12" DRESSED FACE C.,OJRSE HITH FLgSH VERTICAL JOIN'r5 - ~ tsO'rTOH VOID AND INDTALL PII~P5 TO GRADE 5'IT. EL REINPORC. I~ CONCRETE FOOTIN~ - ~ GONT. HITFI ~4. BAi~ AT 2'-0" :PRESBYTERIAN HOSPITAL OF DENTON DENTON, TEXAS (Phye~i~,n Name) (#) (Physician Name) (~) ..., : -,:; :... '"'; EXISTING SIGN AT LOCATION "R" 7'-0" x 4'-0" SIGN SIGN A3.1, SiDE #1 - 6'-0" x 10:0" SIGN 2'qY' x 12'-0" BASE (ILLUMINATED) EXISTiNG SIGN AT LOCATION "Fl" 7'-0" x 4'-0" SIGN "Fl"- SIGN A3.1, SiDE #2 - 6'-0" x 10'-0" SIGN 2'-0" x 12'0" BASE (ILLUMINATED) AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 22, 2005 Fiscal Operations Kathy DuBose SUBJECT: Consider approval of a resolution reviewing and adopting the Investment Policy for funds for the City of Denton; designating an investment officer; providing a savings and a repealing clause; and providing an effective date. BACKGROUND: In accordance with the Public Funds Investment Act of Texas, the City of Denton Investment Policy must be approved by the City Council at least annually. The Policy establishes investment parameters and guidelines for the investment program. It also designates the authorized investment officer responsible for the daily investment activity by the City. The Investment Committee met on Friday, January 21, 2005, and unanimously approved a recommendation for a single proposed revision to the Policy in Section VI. Responsibility and Standard Of Care, E. Reporting. It currently states, "within ninety (90) days of the end of the Fiscal Year, the Director of Fiscal Operations shall present a comprehensive annual report to the City Council on the investment program and investment activity." The proposed revision from 90 to 120 days is due to the limited time availability in scheduling Council committee meetings. Towards the end of the calendar year, there are numerous days dedicated to out of town conferences and holidays. Therefore, the additional 30 days would provide a sufficient scheduling time frame after the holidays. PRIOR ACTION/REVIEW: Investment Policy 408.04 was presented to the Investment Committee on Friday, January 21, 2005. All Committee members voted for approval and recommended the Policy be submitted to the City Council for review (5-0). Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations S:\Our Documcnts\Rosolutions\05\Invos/mont Policy Review.doc RESOLUTION NO. A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT OFFICER; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council passed Resolution No. 96-061 on October 15, 1996, which adopted an investment Policy for Funds for the City, in compliance with the Public Funds investment Act, 74th Leg., ch. 402, 1995 Tex. Sess. Law Serv. 2958 (Vernon) (TEX. GOV'T CODE Ann. Ch. 2256); and WHEREAS, by Resolution No. 97-026, passed by the City Council on June 10, 1997, the City's investment Policy was amended; and WHEREAS, by Resolution No. 97-077, passed by the City Council on December 16, 1997, the City's investment Policy was amended; and WHEREAS, by Resolution No. 98-067, passed by the City Council on December 15, 1998, the City's investment Policy was reviewed and adopted; and WHEREAS, by Resolution No. 99-047, passed by the City Council on September 21, 1999, the City's investment Policy was amended; and WHEREAS, by Resolution No. 2000-065, passed by the City Council on December 19, 2000, the City's investment Policy was amended; and WHEREAS, by Resolution No. 2001-072, passed by the City Council on December 18, 2001, the City's investment Policy was amended; and WHEREAS, by Resolution No. 2002-055, passed by the City Council on December 10, 2002, the City's investment Policy was amended; and WHEREAS, by Resolution No. 2004-008, passed by the City Council on February 3, 2004, the City's investment Policy was amended; and WHEREAS, the City Council desires to review the Investment Policy for compliance to the Public Funds Investment Act, TEX. GOV'T CODE ch. 2256, by the 78th Legislature; NOW, THEREFORE, S:\Our Documcnts\Rosolutions\05\Invos/mont Policy Review.doc THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council has reviewed the attached City of Denton Investment Policy, which contains the investment policies and strategies and hereby adopts the attached Investment Policy. SECTION 2. That the Assistant City Manager of Fiscal and Municipal Services is hereby designated as the chief financial officer for the City and the Director of Fiscal Operations is hereby designated as the City's investment officer to perform the functions required of her/him. The financial officer is hereby authorized to perform the functions required of her/him under the Investment Policy and in accordance with TEX. GOV'T CODE ch. 2256. SECTION 3. That all resolutions or parts of resolutions in force when the provisions of this resolution became effective which are inconsistent or in conflict with the terms or provisions contained in this resolution are hereby repealed to the extent of any such conflict only. The non- conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect. SECTION 4. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No. 96-061, Resolution No. 97-026, Resolution No. 97-077, Resolution No. 98-067, Resolution No. 99-047, Resolution No. 2000-065, Resolution No. 2001-072, Resolution No. 2002-055 and Resolution No. 2004-008 shall remain in full force and effect. SECTION 5. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 2 S:\Our Documonts\Rosolutions\05\In~ostmont Policy Re, iow.doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 CITY OF DENTON .ge POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: FINANCE POLICIES REFERENCE NUMBER: 403.06 SUBJECT: INVESTMENTS INITIAL EFFECTIVE DATE: 02/17/87 LAST REVISION DATE: TITLE: INVESTMENT POLICY 06/97 9/99 12/01 2/04 11/97 12/00 12/02 2/05 I. PURPOSE II. III. This policy shall provide the guidelines by which the City of Denton "City" will maintain the minimum amount of cash in its bank accounts to meet daily needs, and to provide protection for its principal and liquidity while receiving the highest yield possible from investing all temporary excess cash. This policy serves to satisfy the statutory req~ements of defining and adopting a formal investment policy. The policy and strategy shall be reviewed annually by the Investment Committee and City Council who will formally approve any modifications. This investment policy as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex. Gov't. Code Ann. Chapter 2256, hereinafter referred to as the "Act", as amended and effective September 1, 1997. SCOPE This Investment Policy applies to the investment activities of the City of Denton, Texas. The specific funds cited hereafter in Section liB, shall be excluded from this Investment Policy. [All financial assets of all funds, including the General Fund and any other accounts of the City not specifically excluded in these policy guidelines are included. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR).] These funds, as well as funds that may be created from time-to-time, shall be administered in accordance with the provisions of these policies. All funds will be pooled for investment purposes. The strategy developed for this pooled fund group will address the varying needs, goals, and objectives of each fund. This policy shall not govern funds, which are managed under separate investment programs in accordance with Section 2256.004 of the Act. Such funds currently include; Employees' Retirement Fund of the City of Denton; the Firemen's and Policemen's Pension Funds of the City of Denton; other funds established by the City for deferred employee compensation; revenue bond reserve funds; and certain private donations. The City shall and will maintain responsibility for these funds to the extent required by: Federal and State Law; the City Charter; and donor stipulations. INVESTMENT OBJECTIVE & STRATEGY It is the policy of the "City" that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Resolution requirements, adopted Investment Policy and adopted Investment Strategy. Page 2 of I3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE ITLE: INVESTMENT POLICY REFERENCE NL~BER: 408.04 In accordance with the Public Funds Investment Act, the following prioritized objectives (in order of importance in accordance with Section 2256.005(d) of the Act), apply for each of the City's investment strategies: Ao Suitability - Understanding the suitability of the investment to the financial requirements of the City. Any investment eligible in the Investment Policy is suitable for all City funds. Safety - Preservation and safety of principal. All investments will be of high quality securities with no perceived default risk. Market price fluctuations will however occur, by managing the weighted average days to maturity for each fund type as specified. Co Liquidity - To enable the City to meet operating requirements that might be reasonably anticipated, the City's investment portfolio wilt remain sufficiently liquid. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. Short-term investment pools and money market mutual funds provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. Marketability - Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Historical market "spreads" between the bid and offer prices of a particular security type of less than a quarter of a percentage point shall define an efficient secondary market. Diversification - Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the anticipated needs of the City. Diversifying the appropriate maturity structure will reduce market cycle risk. Yield- Attaining a competitive market yield for comparable security-types and portfolio restrictions are the desired objective. The yield of an equally weighted, rolling six-month treasury bill portfolio shall be the minimum yield objective or "benchmark". A secondary objective will be to obtain a yield equal to or in excess of a local government investment pool, money market mutual fund or average Federal Reserve discount rate. The first measure of success in this area will be the attainment of enough income to offset inflationary increases. Even though steps will be taken to obtain this goal, the City's staff shall constantly be cognizant of the standard of care and the investment objectives pursuant to the provisions of the amended Act, Section 2256.006(a). The Director of Fiscal Operations shall avoid any transactions that might impair public confidence in the City's ability to govern effectively. The governing body recognizes that in diversifying the portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented. The prudence of the investment decision shall be measured in accordance with the tests set forth in Section 2256;006(b) of the Act. INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS Each major fund type has varying cash flow requirements and liquidity needs. Therefore specific strategies shall be implemented considering the fund's umque requirements and the following shall Page 3 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY I REFERENCE408.04NUMBER: be considered separate investment strategies for each of the funds mentioned below. The City's funds shall be analyzed and invested according to the following major fund types: C. Bo Operating Funds - Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to structure a portfolio, which will minimize volatility during economic cycles. This may be accomplished by purchasing high quality, short-term securities, which will compliment each other in a laddered maturity structure. A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity date of each security. Debt Service Funds - Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date, which exceeds the debt service payment date. A dollar weighted average maturity of 550 days or less wilt he maintained and calculated by using the stated final maturity date of each security. Debt Service Reserve Funds - Investment strategies for debt service reserve emergency and contingency funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities with stated final maturities not exceeding five (5) years. Volatility shall be further controlled through the purchase of securities carrying the highest coupon available, within the desired maturity and quality range, without paying a premium, if at all possible. Such securities will tend to hold their value during economic cycles. A dollar weighted average maturity of 650 days or less will be maintained. Construction and Special Purpose Funds - Investment strategies for construction projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity of each security. Market prices for alt public fund investments witl be obtained and monitored through the use of Interactive Data Inc., an on-line data service or a similar qualified successor agency. V. INVESTMENT COMMITTEE Members - There is hereby created an Investment Committee consisting of the City Manager, Assistant City Manager of Finance, Director of Fiscal Operations, Mayor, and one member of the City Council. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 4 of I3 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 Scope - The Investment Committee shall meet at least quarterly to determine general strategies and to monitor results. Included in its deliberations will be such topics as: economic outlook, portfolio diversification, maturity structure, potential risk to the City's funds, authorized brokers and dealers, and the target rate of return on the investment portfolio. Procedures - The Investment Committee shall provide minutes of its meetings. Any two members of the Investment Comm./t-tee may request a special meeting, and four members shall constitute a quorum. The Investment Committee shall establish its own rules of procedures. VI. RESPONSIBILITY AND STANDARD OF CARE Delegation & Training - The management responsibility for the investment program is hereby delegated to the Assistant City Manager of Finance, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to the individual(s) responsible for investment transactions. The primary individual who shall be involved in investment activities will be the Director of Fiscal Operations. The Cash & Debt Administrator will have a support role. The Assistant City Manager of Finance and Director of Fiscal Operations are designated as investment officers, pursuant to section 2256.005 subsection f of the Act. Accordingly, the investment officers, who shall be the chief financial officer and the investment officer of the City for the purposes of Section 2256.008 of the Act, shall attend at least one training session relating to their responsibility under the Act within I2 months after assuming duties. These sessions and additional investment training sessions must be completed no less often than once every two fiscal years commencing September 1, 1997 and these financial officers shall receive not less than 10 hours of instruction relating to investment responsibilities. The training must include education in investment controls, security risks, strategy risks, market risks, and compliance with the Public Funds Investment Act. The investment training session shall be provided by an independent source approved by the investment committee. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a Business Organization with whom the City of Denton may engage in an investment transaction. Thus, these independent sources will be training sessions sponsored by Government Treasurers Organization of Texas (GTOT), University of North Texas (UNT), Government Finance Officers Association of Texas (GFOAT). No persons may engage in investment transactions except as provided under the terms of this policy and the procedures established by the Assistant City Manager of Finance. The Assistant City Manager of Finance shall be responsible for alt transactions undertaken, and shall establish a system of control to regulate the activities of the Director of Fiscal Operations. The controls shall include a quarterly process of independent review by an individual or firm designated by the Assistant City Manager of Finance, and an annual review by an external auditor. The reviews will provide internal control by assuring compliance with policies and procedures. The Assistant City Manager of Finance, Director of Fiscal Operations, Mayor, City Council, City Manager and other Finance employees shall be personally indemnified in the event of investment loss provided the Investment Policies and Guidelines are followed. Conflicts of Interest - All participants in the investment process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the Page 5 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE408.04 NUMBER: investment program, or which could impair their ability to make impartial investment decisions. Disclosure - Anyone involved in investing City funds shall file with the Assistant City Manager of Finance and the Investment Committee a statement disclosing any personal business relationship and any material financial interest in a business organization that handle City of Denton investments. An investment officer has a personal business relationship with a business organization if: The investment officer owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market vatue of the business organization; Funds received by the investment officer from the business organization exceed 10% of the investment officers gross income for the prior year; or The investment officer has acquired from the business organization during the prior year investments with a book value of $2,500 or more for the personal account of the investment officer. Any investment officer who is related within the second degree by affinity or consanguinity as determined under the Tex. Gov't. Code Ann. Ch. 573 to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship with the City Council and the Texas Ethics Commission. Prudence - The standard of prudence to be used by the investment officials shall be the "Prudent Person Rule", as set forth in Tex. Gov't. Code Ann. Sec. 2256.006 and will be applied in the context of managing an overall portfolio: "Investments shall be made with judgement and care under circumstances then prevailing - which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibilities for an individual security's credit risk or market price change, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Reporting Monthly - The Director of Fiscal Operations shall submit monthly an investment report, to the Investment Committee, that summarizes recent market conditions, economic developments and anticipated investment conditions. The report shall summarize the investment strategies employed, describe the portfolio in terms of investment securities, maturities, risk characteristics and other features. The report shall include total investment return to date and compare the return with budgetary expectations or projections. Quarterly - The Director of Fiscal Operations shall prepare and present to the Investment Committee and City Council a written report on the City's investment transactions for the preceding reporting period. The report shall: 1) describe in detail the investment position of the City as of the end of the reporting period, 2) prepared jointly by all investment officers, Page 6 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY I REFERENCE408.04NUMBER: 3) signed by each investment officer, 4) contain a summary statement of each pooled fund including a) beginning market value for the reporting period, b) additions and changes to the market value during the period; c) ending market value for the period', and d) fully accrued interest for the reporting period. The summary statement for each fund group must be prepared in compliance with Generally Accepted Accounting Principles (GAAP). 5) State the book value and market value of each separately invested asset at the beginning and end of the reporting period by type of asset and fund type invested; 6) state the maturity date of each separately invested asset that has a maturity date, 7) state the account or fund or pooled group fund for which each individual investment was acquired; and 8) state the compliance of the investment portfolio of the City as it relates to the investment strategy of the City and with relevant provisions of the Tex. Gov't. Code ch. 2256. Annually - Within one hundred -twenty (120) days of the end of the Fiscal Year, the Director of Fiscal Operations shall present a comprehensive annual report to the City Council on the investment program and investment activity. The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program. The City Council shall review and approve the investment policy and investment strategies at least annually and be documented by rule, order, ordinance or resolution which shall include any changes made. Compliance Audit - The City's external, independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial audit. The results of the audit will be reported to City Council upon receipt. The audit will review compliance with management control on investments and adherence to this policy. The guidelines of retaining records for seven years as recommended in the Texas State Library Municipal Records Manual should be followed. The Director of Fiscal Operations shall oversee the filing and/or storing of investment records. SUITABLE AND AUTHORIZED INVESTMENT SECURITIES Active Portfolio Management - The City intends to pursue an active versus a passive investment management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. (Subsection E) Authorized Investments (Per HB 2459 and Sections 2256. 009 through 2256. O17 of the AcO - Assets of funds of the government of the City of Denton may be invested in: Obligations of the United States of America, its agencies and instrumentalities (maturing in less than five (5) years; which have a liquid market with a readily determinable market value; Investment - grade, d~rect obhgations of the State of Texas (maturing in less than two (2) years); Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally Page 7 of ! 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY I REFERENCE408.04NLrMBER: ] recognized investment rating firm, and having received a rating of not less than "AA" or its equivalent (maturing in less than two (2) years); Fully insured or collateralized Certificates of Deposit issued by state and national banks or savings bank or a state or federal credit union, domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; secured by obligations described in 1 through 3 above, and that have a market value of not less than the principal amount of the certificates but excluding those mortgage backed securities as described in the Tex. Gov't. Code Sec. 2256.009(b). (maturing in less than one (1) year); Fully collaterized direct repurchase agreements (whose underlying purchased securities consist of the foregoing) with a defined termination date secured by obligations of the United States or its agencies and instrumentalities pledged with a third party, selected and approved by the City through its Director of Fiscal Operations, other than an agency for the pledgor and deposited at the time the investment is made with the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. Each issuer of repurchase agreements must sign a copy of the City's Master Repurchase Agreement (termination date must be 30 days or less); Commercial paper that has a stated maturity of 270 days or less from the date of issuance and is rated A-1 or P-1 or an equivalent rating by at least two nationally, recognized rating agencies. Public Fund Investment Pools with a weighted average maturity of 90 days or less. The pool must be approved (by resolution) by the City Council to provide services to the City. The pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. A public funds investment pool created to function as a money market mutual fund must mark to market daily and, stabilize at a $1 net asset value. To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 8 of 13 ITITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and ad&ess of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios. To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (1) investment transaction confirmations; and (2) a monthly report that contains, at a rn/nimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; (B) the current average dollar-weighted maturity, based on the stated maturities of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. An SEC-registered, no load money market mutual fund which has a dollar weighted average stated maturity of 90 days or less whose assets consist exclusively of the assets described in section B.1. and whose investment objectives includes the maintenance of a stable net asset value of $1 for each share: furthermore, ~t provides the City with a prospectus and other information required by the SEC Act of 1934 or the Investment Advisor Act of 1940 and which provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 USC. Section 78a et. Seq.) or the Investment Company Act of I990 (15 USC Section 80a-1 et. Seq.). Other such securities or obligations which are authorized by the Act as approved by City Council upon recommendation of the Investment Committee. Prohibited Investments - The City's authorized investment options are more restrictive than those allowed by State law. Furthermore, this policy specifically prohibits investment in the following investment securities. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 9 of 13 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. o Collateral/zed mortgage obligations that have a stated final maturity date of greater than 10 years. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Diversification - It is the policy of the City to diversify its investment portfolios. The diversification will protect interest income from the volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector; therefore, portfolio maturities shall be staggered. Securities shall also be selected and revised periodically by the Investment Committee. In establishing specific diversification strategies, the two (2) following general policies and constraints shall apply: Risk of market price volatility shall be controlled through maturity diversification and by controlling unacceptable maturity extensions and a mismatch of liabilities and assets. The maturity extension will be controlled by limiting the weighted average maturity of the entire portfolio to 550 days. All long-term maturities will be intended to cover long-term liabilities. In addition, five (5%) percent of the funds in the portfolio will be liquid at all times. The Investment Committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in U.S. Treasury Securities, federal agency instrumentalities, repurchase agreements, and insured/eotlaterlized certificates of deposit and other securities or obligations. The Investment Committee shall conduct a quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations. Investment Type % of Portfolio · U.S. Treasury Notes/Bills 100% · U.S. Agencies & Instrumentalities 100% · State of Texas Obligations & Agencies 15% · Local Government Investment Pools 50% · Local Government Obligations (AA) 10% · Repurchase Agreements 25% · Certificates of Deposit 100% · U.S. Government Money Market Funds 50% · U.S. Treasury Notes & U.S. Agency Callables 35% Page 10 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 By Institution: Repurchase Agreements No more than 10% All Other No more than 40% Investment Pools No more than $10,000,000 Security swaps may be considered as an investment option for the City. A swap out of one instrument into another is acceptable to increase yield, realign for disbursement dates, extend or shorten maturity dates and improve market sector diversification. Swaps may be initiated by brokers/dealers who are on the City's approved list. A horizon analysis is required for each swap proving benefit to the City before the trade decision is made, which will accompany the investment file for record keeping. All investments (governments or bank C.D.'s) will be solicited on a competitive basis with at least three (3) institutions. The Investment Committee can approve exceptions on a case by case basis or on a general basis in the form of guidelines. These guidelines shall take into consideration the investment type maturity date, amount, and potential disruptiveness to the City's investment strategy. The investment wilt be made with the broker/dealer offering the best yield/quality to the City. The quotes may be accepted orally, in writing, electronically, or any combination of these methods. Arbitrage - Due to the bond issuance sizes of which the City incurs on a regular basis, arbitrage should be addressed. The Tax Reform Act of 1986 provided limitations restricting the City's investing of tax- exempt General Obligation Bond proceeds and debt service income. New arbitrage rebate provisions require that the City compute earnings on investment from each issue of bonds on an annual basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to perform specific calculations relative to the actual yield earned on the investment of the funds and the yield that could have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provision states that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of excess earnings based on the City being in a positive arbitrage position. The Tax Reform restrictions require extreme precision in the monitoring and recording facets of investments as a whole, and particularly as they relate to yields and computations so as to insure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The City's investment position relative to the new arbitrage restrictions is the continued pursuit of maximizing yield on applicable investments while insuring the safety of capital and liquidity. It is a fiscally sound position to continue maximization of yield and rebate excess earnings, if necessary. Page 11 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE ITITLE: INVESTMENT POLICY I REFERENCE NUMBER: 408.04 VIII. SELECTION OF BANKS AND DEALERS Depository - City Council shall, by ordinance, "select and designate one or more banking institutions as the depository for the monies and funds of the City" in accordance with the requirement of Tex. Loc. Gov't. Code ch. 105. The bank shall be selected primarily on "solvency and stability" and secondly, on rate of interest available. The Director of Fiscal Operations shall conduct a comprehensive review of prospective depositories credit characteristics and financial history. The bank shall be selected through a formalized bidding process in response to the City's request for proposal (RFP) outlining all services required. The Investment Committee shall have the discretion to determine the time span for rebidding the banking services contract; however, a two year period will be the minimum length of time between bidding with a 5 year maximum period. Banks and savings and loans associations seeking to establish eligibility for the City's competitive certificate of deposit purchase program, shall submit financial statements, evidence of Federal insurance and other information as required by the Director of Fiscal Operations. Investment Brokers/Dealers - The Investment Committee shall be responsible for adopting the list of brokers and dealers of government securities. Their selection shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehensive credit and capitalization analysis reveals that other firms are adequately financed to conduct public business. The Investment Committee shall base its evaluation of security dealers and financial institutions upon: 1. Financial conditions, strength and capability to fulfill commitments; 2. Overall reputation with other dealers or investors; Regulatory status of the dealer; 4. Background and expertise of the individual representatives. The Director of Fiscal Operations shall conduct business with securities dealers approved by the Investment Committee or with banks selected as outlined in VIII. Furthermore, the committee must annually review this list of qualified brokers authorized to engage in investment transactions with the City. Investment Officers shall not conduct business with any firm with whom public entities have sustained losses on investments or whose name the Investment Committee has removed from an approved list. Co Compliance - A qualified representative from any firm offering to engage in investment transactions with the City is required to sign a written instrument. This certifies that they have received and reviewed a written copy of the City's Investment Policy. The firm must acknowledge that it has implemented reasonable procedures and controls in an effort to preclude investments between the City and the firm that are not authorized by the City's investment policy. Approved brokers and dealers must complete Exhibit A and return it to Page 12 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE iTITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 the Director of Fiscal Operations. The City's investment officer(s) may not transact business from a person who has not delivered the required written instrument to the City. Diversification - To guard against default possibilities under these conditions, and to assure diversification of bidders, business with any one issuer, or investment broker, should be limited to (40%) percent of the total portfolio at any point in time. In this way, bankruptcy, receivership or legal action would not immobilize the City's ability to meet payroll or other expenses. IX. PRINCIPAL PROTECTION AND SAFEKEEPING All banks' and savings and loan associations' deposits and investments of City funds shall be secured by pledged collateral with a market value equal to no less than 102 percent of the principal plus accrued interest tess an amount insured by FDIC or FSLIC. Evidence of proper collateralization in the form of original safekeeping receipts held in the institution's trust department or at a third party institution not affiliated with the bank or bank holding company will be maintained in the office of the Director of Fiscal Operations alt time. The Assistant City Manager of Finance, Director of Fiscal Operations or other authorized City Representative will approve and release ail pledged collateral. Collateral will be reviewed monthly to assure the market value of the securities pledged exceeds investments and/or the related bank balances. The Comrrdttee shall request additional collateral in the event they deem that their deposits and investments are not sufficiently protected by the pledged collateral. Safekeeping procedures shall be established by the Investment Committee which clearly define steps for gaining access to the Collateral should the City determine that the City's funds are in jeopardy. Collateral safekeeping and substitution agreements will be a part of the procedure. Collateral Defined - The City of Denton shall accept only the following securities as collateral: 1. FDIC and FSLIC insurance coverage. 2. United States Treasuries & Agencies. 3. Other securities as approved by the Investment Committee. Do Delivery va'. Payment - All transactions will be executed with authorized security dealers and financial institutions on a delivery-versus-payment (DVP) basis. That is, funds shall not be wired or paid until verification has been made that the Trustee received the collateral. The collateral shall be held in the name of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the City. Securities will be held by the City's safekeeping agent, which shall be selected through a competitive process (RFP) or that agent's representative in New York City, or in it's account at the Federal Reserve Bank. Subject to Audit - All collateral shall be subject to inspection and audit by the Director of Fiscal Operations, or designee, as well as, the City's independent auditors. ?age 3[3 of 13 POLICY/ADMINISTRATIVE PROCEDUR~/ADMINISTRATIV~ DIRECTIVE I REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 MANAGEMENT AND INTERNAL CONTROLS The Director of Fiscal Operations, or designee, shall establish a system o£ internal controls, which shall be reviewed by an independent auditor. The controls shall be designed to prevent losses of public funds arising ~rom ~raud, employee error, and misrepresentation by third pa~es, unanticipated changes in financia! markets, or imprudent actions by employees or Investment Officers of the City. Controls and managerial emphasis deemed most important that shall be employed include the following: Imperative Controls: - Custodian safekeeping receipts records management - Avoidance of bearer-form securities - Documentation of investment bidding events - Written confirmation of telephone transactions Reconcilements and comparisons of security receipts with the investment subsidiary records Compliance with investment policies Verification of all interest income and security purchase and sell computations Controls Where Practical: Control of Collusion - Separation of duties Separation of transaction authority from Accounting and Record-keeping Clear delegation of authority - Accurate and timely reports - Validation of investment maturity decisions with supporting cash flow data - Adequate training and development of Investment Officials - Review of financial conditions of all brokers, dealers, and depository institutions - Staying informed about market conditions, changes and trends that require adjustments in investment strategies. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET February 22, 2005 Economic Development Mike Conduff, City Manager SUBJECT Consider adoption of an ordinance approving a professional services agreement for a Downtown Redevelopment Implementation Plan between the City of Denton and RTKL Associates, Inc.; authorizing the expenditure of funds therefore and providing an effective date. BACKGROUND On January 31, 2005, Paris Rutherford of RTKL Associates visited with the City Council regarding opportunities for development of Denton's downtown. He provided information on his firm and a copy of RTKL's proposal for professional services. Council directed economic development staff to move forward with the RTKL contract. The attached ordinance and professional services contract was prepared based on the proposal submitted to City Council on January 31 st. ESTIMATED SCHEDULE OF PROJECT The estimated time to be devoted to each phase of the project is noted in the proposal, a total of fourteen weeks. However, due to the need to schedule stakeholder and other public meetings, the actual completion of the project may take longer. PRIOR ACTION/REVIEW Council directed staff to proceed with the RTKL Associates contract at their January 31, 2005 meeting. FISCAL INFORMATION The total contract for services is $138,500. EXHIBITS Ordinance RTKL Professional Services Contract Exhibit A - RTKL Proposal Exhibit B - RTKL Hourly Rate Respectfully submitted: Linda Ratliff, Director Economic Development Department ORDINANCE NO. 2005-__ AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR A DOWNTOWN REDEVELOPMENT IMPLEMENTATION PLAN BETWEEN THE CITY OF DENTON AND RTK_L ASSOCIATES INC.; AUTHORIZING THE EXPENDITURE OF FtJNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is desirous of entering into a Professional Services Agreement with RTKL Associates Inc. (the "Consultant") for a Downtown Redevelopment Implementation Plan which agreement is attached to this ordinance as Exhibit "A" (the "Agreement") WHEREAS, the Consultant 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 Consultant's profession and such fees do not exceed the maximum provided by law; and WHEREAS, the City Council finds that the Agreement is in the public interest; 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. SECTION 2. The Agreement is hereby approved. The City Manager, or his designee is hereby authorized to enter into the Agreement on behalf of the City and to carry out the City's rights and duties thereunder, including the expenditure of the fimds provided for in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Do o~ara~mm~)rdinanc~\0 5~TKI.,-Dowraown Platl DOC Page 2 FSSIIARED\DEPT\DVSVC\Downtown Master Plan\RTKL\CIoan copy.doc PROFESSIONAL SERVICES AGREEMENT FOR DOWNTOWN REDEVELOPMENT IMPLEMENTATION PLAN This Agreement is made and emered imo as of the day of ., 2005, by and between the City of DeNon, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and RTKL Associates Inc., a Texas corporation, with its corporate office at 1717 Pacific Avenue, Dallas, Texas 75201, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized represematives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 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 is the Dowmown Redevelopmem Implememation Plan which includes the Scope of Services set forth in that certain written proposal dated September 29, 2004, from CONSULTANT, a copy of which is attached hereto and made a part hereof by reference as Exhibit "A" (the "Proposal"). ARTICLE 2 SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: The CONSULTANT shall perform all those services for the Project as more particularly described in the Proposal. If there is any conflict between the terms of this Agreement and the Proposal or any exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the Proposal and other attached exhibits. ARTICLE 3 ADDITIONAL SERVICES FSSIIARED\DEPT\DVSVC\Downtown Master Plan\RTKL\CIoan copy.doc Additional services to be performed by the CONSULTANT which are not included in the Scope of Services set forth in the Proposal may only be authorized by OWNER in advance in writing. Additional services exceeding the sum of $25,000.00 require City Council approval. ARTICLE 4 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 5 COMPENSATION A. COMPENSATION The total compensation for the Project is a lump sum of $138,500.00 which includes all out of pocket expenses and subcontractor fees ("Basic Service Compensation"). Portions of the Basic Service Compensation is allocated to certain tasks and phases as described in the Proposal. Compensation for Additional Services will be at the hourly rates set forth in Exhibit "B" attached hereto and made a part hereof by reference (the "Hourly Rates"). However, nothing herein shall be construed to prohibit the OWNER and CONSULTANT from negotiating a lump sum amount for Additional Services at the time OWNER authorizes the Additional Services. B. BILLING AND PAYMENT 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 based on the Hourly Rates; 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 Consultant's services. 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. Page 2 FSSIIARED\DEPT\DVSVC\Downtown Master Plan\RTKL\CIoan copy.doc 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 Basic Service Compensation, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article 3 "Additional Services," without obtaining prior written authorization from the OWNER. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article 3, the CONSULTANT shall be paid based on the Hourly Rates. 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. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60th) day, and, in addition, the CONSULTANT may, after giving seven (7) 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 the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article 5, "Compensation." ARTICLE 6 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 7 OWNERSHIP OF DOCUMENTS 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. Page 3 FSSIIARED\DEPT\DVSVC\Downtown Master Plan\RTKL\CIoan copy.doc ARTICLE 8 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 9 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 10 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: mo 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. Bo 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. Co 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. Page 4 FSSIIARED\DEPT\DVSVC\Downtown Master Plan\RTKL\CIoan copy.doc 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 other than professional liability, 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 11 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE 12 TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. 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. 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 termination, in accordance with Article 5 "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. Page 5 FSSIIARED\DEPT\DVSVC\Downtown Master Plan\RTKL\CIoan copy.doc ARTICLE 13 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, ageNs, 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. ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered, sen via facsimile at the fax nos. below, 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 after mailing. Faxed notices shall be deemed communicated on the date of the fax so long as a written confirmation of the fax is received: To CONSULTANT: To OWNER: City of DeNon City Manager 215 East McKinney Denton, Texas 76201 Fax No. 940-349-8596 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. ARTICLE 15 ENTIRE AGREEMENT This Agreement, consisting of nine pages and two exhibits, constitutes the complete and final expression of the agreemeN of the parties, and is iNended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVERABILITY If any provision of this AgreemeN is found or deemed by a court of competeN jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of Page 6 FSSIIARED\DEPT\DVSVC\Downtown Master Plan\RTKL\CIoan copy.doc 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 17 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 18 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 19 PERSONNEL mo 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 personnel 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. Bo 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. ARTICLE 20 ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE 21 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 Page 7 FSSIIARED\DEPT\DVSVC\Downtown Master Plan\RTKL\CIoan copy.doc 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 22 MISCELLANEOUS The following exhibits are attached to and made a part of this Agreement: Exhibit "A", the Proposal and Exhibit "B", the Hourly Rates. CONSULTANT agrees that OWNER shall, umil the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. 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. Venue of any suit or cause of action under this Agreemem shall lie exclusively in DeNon County, Texas. This Agreemem shall be construed in accordance with the laws of the State of Texas. For the purpose of this Agreemem, the key persons who will perform most of the work hereunder shall be Paris Rutherford, Paul Shaw, Erich Dohrer, Patrick Kennedy, Larry Byars, Karen Koerth, and Alex Lo. However, nothing herein shall limit CONSULTANT from using other qualified and competem members of its firm to perform the services required herein. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficiem 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. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinem 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 emer in or upon public and private property as required for the CONSULTANT to perform services under this Agreemem. The captions of this Agreemem are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Page 8 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 to be effective the day of ,2005. CITY OF DENTON, TEXAS MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: RTKL ASSOCIATES INC. Paris M. Rutherford, IV,IAICP Vice President WITNESS: BY: Page 9 P, xhibit "A" The "Proposal" February 1, 2005 Mr, ~ke ¢onduff · City Manager City of Denton 215 E, Mcklnney D~ton, Texas 76201 Downtown Redev~opment Implementation Plan Dear Mike: I enJoy~ our meeting with Mayor Br~k last week and am pleased by the chance to work wt{h the City of Denton on the continued rainy{gamin of lis downtown area.. As such, RTKL Associates Ina. ls ~a~ised to submit .this proposal to provide the City of Denton v~th professional plar~ sa~,ces towards the cma'don, of an redevel~nt · Implementation a~on I~an for the downtown ems, As requested, we have praise, ~ the following scope of sarvlc~s, sch~u~e cull[ne, and fee structure for the City's consldera~on, SCOPE Of: SERVICES. We have itemized a- poten~al scope d sauces by phase. As you ~11 ~ind, we see our worklng ~atio~sh~p as being ne based on a partnership of ~veloplng creative l~s v~th you and mIavant 8t~kehotdem.. Oritlbal to the suocess of thts effor[~ll be the .mnsensus ~reement of products produced a~ a~3roved next steps at the end of ~oh phase, PHASE ONE: PROJECTINIT~TIO}I'(ONEWEEI<) ' T~SK 1.1: DATA.SE pREPARATION Using I~ p~ bybe l~o~on we am ~ ~e O~ pm~ us ~b Is as f~l~s: · ' De~ll~ d~u~on a~ ~al~ls on fie ~ul~ d ~e ~s ought ~to~ ~ ~u~t · S~ a~ ~wey to l~u~ ~ ti~, e~sfi~ and p~ but[~ f~n~, e~sang ~ ltn~ and ~ u~lia~ ~d ~ ~s~figh~ of~y - ~st ~ln~v~ u~,to fadli~te abetment, C~y of ~s ldfo~afl~ mlat~ to = A~I~s [~o~afi~ mt~ ~ a~ land ~u~ , Aval[~[e ~I ~te · Cu~nt and ~m ~vd~ent p~ts · ~sflng and p~l~d Sum~ ~ ~stoH~ Ae~ p~hy ~lan~c) TAsK t.2: INmATION MEI~Ill, t~ Once we h~e recetved the materlaJ out, ned above, the RTKL Ts~ witl hdd a~ c~entatJon toeing wffh City Staff to ~et pararnetem for the ~,dy. In add.n, ~m of the RTKL Team ~11 vi~t Denton to vi~it with key stakeholders to g~ther Information ~evant to our ~lanning efforts. ~t is Intended that during this time we will review related past efforts, luther acqualn[ ourselvss ~th tie study area, d~cuss and agree upon forms{ c<~nmunicaflons and produ~s, and gain a deeper understard{ng of the City's goals and ~oritJes. PI-IASl{ Two: PROGRAM~NG A,4YD ANALYSIS ('two WEEKS) TASK 2.1: PEYStCALANALYS[S The RTKL Team wi[I qutokly ray{aw the, City's ex~sfing down[own plan and the assemb[~ database to evaluate the opp<xtunlfies and constraints for specific catalyst projeots, This analysis will provide the planning mot~val~on/rationale for the conceptual plannlng to follow, Issues to be address~ include: ,, Existing [and use patterns, tenant types, overall building ~x>ndticn and resulting area Identity; · Existing zoning and othe~ ragu}sro,3, legislation and resulting effects on development paltstns; · P, eglonal and local traffic/tmnspo~tion framework and land use Integration; · Centers of ac6vtty, employment, and ~ornmur~ity;, Li{~Xages to UNT and other Important elemants outside the study area; · Condition of the pu~lc realm, etc, TASK 7.,2; MARKEr ANALYSIS The RTKL Team will perform a r~a~et ans]ysis to determine the market potential (pricing, absorption Income expectations) for the ~eled. ed land use~. Tasks could Include: 1, Detain?Ina the competitive market area (~de area) for each of the specific land uses IdenUfied in the previous phase. 2. Identify the r~mpelttive supply of these land us~s (and product types.) v~n the market areas, Ad($t[or~ly, we will rsseamh the hiatori~ pedon'nance of the compeatlve sui~Iy and implications-for development within the subject stucly area 3, Estimate the demand potential In th~ market area for each of the selec{ed land uses U~roogh demographic and economic modeling and by assessing the compeO'tive posit~on of devmtown Denton In the context of {he City and region 4, Estimate the manet PotanUa{ for each of the proleot elements addressing amount (SF, urdts, etc,), market orientation, pricing (rants, sales), and absorp{Jon periods, For retail, for example, wew}ll {denljfy the type of Potential m~l stores and tenants, market orlsnl~on and nlche, type of goods / savices to target, Potential mtallem, etc, We v~t[ also define food and beverage and entertainment opportunities, Produc~ A report thst surnrr~rtzes fha flrding~ of Le{and's analysis with recom~ons for land use targets, sizing, and phasing as they ~ate to project, zed programs for po*anUs] catalyst dev4dop~ents, These program rscomme~U~s and variabIes w~]d be Integrated In[o the vision and [and piannlng efforts of RTKL, PHASE THREE: CONCEPTUAL PLANNING ('r~E~ WES(S) Task 3.1 ~ Translt. Orlenf~cl Masterplannlng and Catalyst ProJed Concep{~ The RTKL Team will bLRId ul~on and refine the exi~ng downtown p{an vision and prepare a .conceptua{ implementatl?n masterptan f(~r downtown that illustrates the market-~based program, goals and objectives, visions and preferences, generated in ~he previous phase. ThYs process ls not Intended to crsata a new downtown p{an, but to ratine l[ to retied. spec{ftc thoughts rslated to the {mplementation of {ndvldtzal pro]ec~ taking advantage of {he planned lransporta§on improvernents in the downtown area. This material wi{} be prsparsd as poster-s}zed dra~ngs at a sc~e suitable for public presenta~on and PowerPoint {ndusion, Th~se p4ans wi[t be prepared to address such Issues as: · Overall land use and key bui{ctng mlationshil~ · Local and reglond tmnsportsUon system dynamics and {n[erface ,, A.nlenlty, epen space and landsc.,ap~streetscape opportunity zones · Up to 5 Cata{yst project concepts, Development program, and Community [der~ty objec~vo Consistency with exi~ng policies (compmhenslvs or m~ster plans, downtown plan, etc.) · Task $,;~- City Staff Review of Planning Condepts The RTKL Team v~l[ present the conceptual planning Ideas to City Staff for its review and comment. It Is Intended that this workse,~on v,'ifl provide staff the opportunl['y to have input leading to Ihs refinement of the ~annlng concept and specie catalyst projec~ ~orto a more fom~ revie,w and refinement process, PHASE FOIJ~: EERNED P LkNNINO (Fo/,JP, WI[EKS) T~sk 4/! - Reftn~ lmpiemant.~Ion Masterplan The RT~ T~m ~lt ~a~ ~e I~ ~ ~~ons ~m~ in ~e ~s ~sks a~ ~ a ~fe~ ~t ~ ~ a ~gh~r [eve~ d ~nemenf ~ ~t of ~ proteus ~n~t ~e ~u~on ~ ~11 ind.: · I]lus~ ~t~an s~ ~il~ ma~[ng, ge~ml~ I~ and amed~ areas, s~et fm~wo~, and ~ ~n ~ m~ts, L~d ~ ~an ~ ~ ds~ u~ ~ ~[ pmj~ ~ ~a~ ~ gene~ p~mm and ~h Davel~t~eld by 1~ a~ u~ ~[cl~tlev~ Task 4`2-. R~ned Opinion of PrObable Cost In order for Leland to make an Informed analysis (see Task 5.2) of the specific cata'yst project~ presented in the previous task, the RTKL Team ~1[ prepare a an oplr~on of cost for Ihs Improvements associated with each catalyst project. These costs am based on current v~ue and should be used for general budgeting puq:~.~es only. They will follow the same fom3at developed In the p~or cost ansl~s. The RTKL Team w~I1 focus on the three catalyst projects identified In the previous tasks, and toge~er with the City technical staff fo~us on the fallowing: 1, ~de~t~ spodfio sites or buiktng~ necossay for development and adaptive reuse, 2. Detail select project characteri~cs, 3. Forecast the specie financial pedo~nance of each project. 4. Provide Input on the financial return of each Inclucing lntema~ rate of return, discounted cash flow. 5. Devel~ a~temative sc, e. na~os I sensitivity analyses that show finsr~iat peffon'nance under dfferent assumption, Ta~, 4.4- Staff Consensus Meeting RTKL will meet with City staff to preset {he pmfem~d alternative and cost matr~ It is intsnded this me~t~ng will provide staff with the c~x)rtunlty to make sublJe m~inements to ~his Information prior to the formal mv~ew process In the fci]owing task. This task Involves one l~an iteration d~e to staff comments. Task 4,5 - Stakeholder Group Review RTKL witl present the preferred altemath, e documents to a Cound[ appdn~ed Sta~ehcider Group, This present~tion ~]11 recount the process performed to date, focusing on the refinements made leadng to the prefen'ed planning approach, It is Intended this l:~'esentation wilt provide the stakehcide~ group the opportunity to review and approve (with minor modflcat~on i/necessary) the ove~l d~mclion, and to d~dde upon a prio~tfzed listing of the catalyst proJeot conoe~ts. It is assumed both task 4.4 and 4.5 (combined) a~ows for one plan iteration due to the cQ[ieot[ve commentary. Pf~sE Ftys: Ik~PL~F.m'A'noN PLANI~NO ~OU~, W[.r~s) Task S.1 - Illustrative Planning Documents The RTKL Team wilt reline the piannlng documents to reflect be ideas and recommendations generated in the previous Phase, The t~nal Planning documelqts will include'. · Illustrative masteq3tan showing bullring massing, generalized lai'~scepe and amenity areas, street framewoTk, and primary open epac~ (xmcepts. Land use mas~erplan of proposed cisf3-i~ uses Three catalyst project ~3rlcept plans with p~ogram and approach , Three siT,et-level artist rendaings focusi~ on each catalyst projed. · One overall blrd's eye rendering of the improved downtown · Development yield by locatlon and use Task 5,2 ~ ~Year ImplemenIca~lon A~lon This element of work, wlll Include the following tasks focused on a clear innpIementation strategy: 1. Review the programming of the masterplan and determine likely redevel~ent tools and lina~ng techniques, tn~uding recommendations o~ how to enhance existing programs. 2. Prepare recommendations concerning chronology and timing for. the three catalyst pm]acts. 3. Refine the catalyatp~ect an~tysls (alter review) tolnclude likely ma~,etJ~ased cash flow characterTsi~cs of these three catalyst projects IncIudtng development oosts, property sales or lease structures, ~ operating expenses as appropriate, Using cost data provided by the City, pe~Jnent ~vate investment charad, a'lstic, s would be ~alcutated suoh as the lntemal rote of return (IRR), and identify the gap that publtc t~nanclng and lncen~es would have to fill. This will show how to use funding mechanisms and publio-p~vate flnaJ-~lng and partnering approaches. 4. Estimate the likely fiscal benefits of the three catalyst p~ecta on local government enl~Jes in temps of property taxe~, sales taxes, a~l/or other relevant re,,~)nue sources. Provi~ a cost / benefit analysls based on the assumption that the Identil~ed gap Is filled'with pubic funds Including payback ps, od for pubIIo Investment and · ratio of private dollars levera~d per pubqi¢ ddIar invested. Based on the preceding analysis of finandal resources, provide reeomrnendaUons.concerning the most.approprTate source8 to till the g~. 5. Wo~ing closely ,~vith City staff, create a t~nar~lat fmI~lementaiJon plan that idahOeS specific tasks for publio and private sector entities by whI~ to achleve the vision over the nex~ five years. This would Involve five elements: · P~tIolnfmstruoture PriOry PubIlo I Private Ventures LegIstaiNe / Regulatory Chan. ges (de,sign/c(xle/tax/eto. kJenU~Jed by City Staf0 · Financial Incentives This would lnctudea list and ~ticaI analysis o? existing and new scare, es of funds and iinancIng fo~ the public end private 6ectors tn developing new and revitalized land uses and improvements asso~ated wi~ the cakalyst projects. 'fa4k 5.3- Final Repork. ~e RTKL Team,~tll assemble a final rep<~, detailing the plsnnlng process undertaken; documenting the results of the staXeho~der Inl~4t, and describing the l~na] Ideas generated In the planning process. This will focus on the [rnplementatlor~ 8~on plan, and Wilt dearly detail the steps necesa~y to eXecute the catelyst'pmJe~ts. ~ graphic and ~ittan cbcument~on prepared during the project will be included In the report, and 6{~clal cam will be taken in the organization of the document to highlight ~ final planning documents. This repcxt ~II be generated In (me orlginal 8.5 x 11' color booXlet and will be delivered In digltat form as an Adobe PDF format end Quark Exhibits v~II be provided on CD tn a ,JPG format, COtI~PENSA7ION AND SCHEDULE The RTKL Team is able to perform the w&rk described In phases one through five listed above for the following Icmp sum fees. This fee structure Is Inclusive of expenses related to phases of work. Any wo~ or expenses perfon'ned beyond these specific tasks shall be at the request and app~vaI of the City of De~ton and shaIt be pe~orme<:l under segarate contracted agreemen~ Phase Ttmlm] Phase I. Project laltl~ort 1 Week II 7,000 Task Fee 8~: Task i.I Database Preparation TaSk 1.2 Initiatbn Meetings RTKL: RTKL: LeIand: 2,000 2,0OO $ 2,0OO Phase Study Area Analysis Task Fee Breakdown: Task 2,1 Physic, a[ Analysis Task 2.3 Market Ar~lysis 2 Weeks RTKL: Letand: $26,000 $ 7,000 $19,0OO Phase 3. Conceptual Planning Task Fee B~do~: Task 3.1 Conceptual Masterplan Task 3.3 Staff Revbw Meeting 3 Weeks RTKL: RTKL: $i7,000 Pha~e 4. Refined Planning 4 Weeks Task 4.1 Refined Irr~ernentatton Plan RTKL; Task 4,2 Cost Matrix Task 4,3 Catalyst Project A~alysls Task 4.4 Staff Consensus Task 4,5 Stakeholder Review RTKL: $43,500 $16,000 $1,000 $ 9,000 Huitt Zdlars: $ 8,000 RTKL: $ 6,000 Leland: $10,000 RTKL: $1,000 $ 6,000 Leland: $ 3,500 PhaseS, lmplementuflon Planning 4 Weeks ,Task Fee Breakdown: Task 5.1 Illustrative Documents Task 5.2 Five-Year Action Plan Task 5.3 Rnal Re~:x:~ ~,000 RTK[: $25,000 RTKL: $ 6,000 Letand~ $t2,000 RTKL: $ 2,000 TOTAL 14 Weeks · $i38,500 ~reakdovm of Fee by Consultant RTKL Associates Inc. $ 82,000 Le~and Oonsu~r',g Group $ 48,500 Huitt~_~ars ThO, $ , . * 8.000 Tots] $ $138,500 AsStlltip'[[on s · This estimate assumes seven (7) formaJ meetings with the City throughout an antJdpated wo~p~an .sc,17hedu. le of fourtaen (14) w~ks, Additional meetbgs, presentation, or extended schedule shall be billed houdy st our standard houdy rates. No sddtJonal settees wilI be perfom'~l without ~ written approval of bhe Ciient · It is understood that addMonal ~r~ces desir~ outside those spedflcaIIy defined In this scope of services are not included in ~hts contract. Their scope and fees shaJt be negotiated and managad separately from Ms contract · The rna?t ~_~ mgamcL~ ~s ~~re for~c.~tz~ptuaL_d~g~.~l~They am not rt~h-d&~l-to be detailed enough for construclJon drawings to be dimctJy based upon. BILLING AND PAYMENT RTKUs oustomanj practice is to bil] on a monthly basis for the work completed in the prbr month. F~ Invoices will be based on the actual houm charged in the rponth precec~ng the invoice, based on the Standard Heurty Rate Tale by Cla~fica~Jon enclosed. Compensation for Services and Expenses shatl be due and payable ~thin thi~ (30).days of the Invoice date. lrrvdces over sixty (60) days wilt be charged interest at the First NatJona~ Ban]< of Ma~a~ prime rate plus two (2) pemenL Ii' ur'~aid invdr...e~ become mom than sixty (60) days overdue, RTKL ma),, upon sev~ (7) days written no§ce to the Client, contact the C{lent directly for payment and/or stop ~vork until payment is receive. In the event of non-p~yment, Client shall reimburse RTKL for any attorney fees Incurred to collect the unpaid receivables. AIl payments,.In~uding the retainer, may be wired d{reddy to the account of: Bank of.America, N.A. 10 Light Street Ba[t~more, MD 2'1202 LISA ABA nunt:~ 052001633 Account numar 3930249666 Reference: Downtown Denton Planning CONTRACTS RTKL fees a. re based upon the Detai~ed S ' ' o ~RUtNA~ON ~h[s Ag~ment m~ ~ t~[~t~ by ~ ~ at an~me ~ or ~ ~u~ by ~ffen n~, Te~d~on su~ of S~ by RTKL s~l In no w~ ~ieve ~[ent d m~n~ RTKL f~ $~ A~REEBENT fo~a~ to w~[~ d~e~y ~ y~ a~ ~r ~ ex~ a~ returning a ~y of ~is leper, ~ C~ of Dent~ ~ to ~ t~s of ~is ~[ ~y RTKL {n a~ ~ ~ t~s s~t~. If I ~n su~l~t ~s iE~ or answer any ~fi~s, f~ ~ to ~ta~ me ~ (2t4) 871~. Siam]y, Ac~p~ by: RTKL ASS~IATES [NC. C~ OF DENTON P~s id. Rutherford IV, AiOP By;, Vice President Title: ie,:dY SEP 24, 2~04 TO: MIKE COMDUFF FR: CYNDY NICHOLAS-LEWIS ~61~33 PAGE: 14/14 Exhibit "B" Hourly Rates RTKL ASSOCIATES INC. Professional Rate Schedule by Classification Technical Assistant Staff Senior Staff Architect/Engineer/Planner Project Architect/Engineer/Planner Senior Project Architect/Engineer/Planner Project Manager Senior Project Manager Vice President Senior Vice President Hourly Rate $ 45.00 60.00 7S.00 90.00 I I0.OO 125.00 150.00 225.OO 250,00 RECEIVED FEB- ;~ 2UO.~ CI~'Y: OF DENTON LEGAL DEPT. u'\managcm enflcnlc h ola~ -lewistparis.cityos'dento n 092404.doc AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22, 2005 Airport and Transit Operations Jon Fortune, Assistam City Manager SUBJECT Consider approval of a resolution of the City of Demon, Texas, endorsing and advocating a proposed service plan rail route by the Denton County Transportation Authority that would use the former Union Pacific Railroad Right-of-Way ("MKT") that runs parallel to 1-35 East between North Carrolton and Denton, with an ultimate terminus within downtown Denton, and providing an effective date. BACKGROUND Through an agreement with The North Central Texas Council of Governments, the Denton County Transportation Authority (DCTA) has commissioned an alternatives analysis study on the DCTA approved service plan. This alternative analysis study is a federal requiremem to ensure all options are examined pursuant to mass transportation initiatives. As part of the study, DCTA has held a series of public meetings to receive feedback on alternatives to the regional rail component of the service plan. Three primary alternatives are being considered to service the City of Demon from North Carrollton through Lewisville. The first is to utilize the right-of-way on the former Union Pacific line (MKT) which is parallel to Interstate 35 East (I-35E) and terminates in downtown Denton. The second alternative is to utilize the right-of-way between the north bound and south bound lanes of 1-35E. The third alternative is to utilize the active Kansas City Southern rail line that runs northwest through Highland Village, west of Lake Lewisville and would provide service to Demon near the 1-35 E and 1-35 W split in west Denton. The approval of the proposed resolution would provide DCTA an official position by the City of Demon for the first alternative, use of the Union Pacific line (MKT) providing service to south Denton and downtown Denton. OPTIONS I. Approve Resolution recommending the Union Pacific alternative. II. Provide staff direction on other alternatives. RECOMMENDATION Staff' recommends approval of' the resolution as regional rail service to downtown Denton is a component of'the Denton Development Plan and the Downtown Master Plan. EXHIBITS Alignment Map Respectfully submitted: Jon Fortune Assistant City Manager Prepared by: Mark Nelson, Director Airport and Transportation Operations LEG[~Q ~ IH-]~, ALi~GNrIENT iii!! §:ENTDN ED g N'~ T'RA NS PD ~AT':~ON A BTHD R~ ALTE~NATiV ES ANALYSIS City of Denton Preferred Alignment Union Pacific Line (MKT) LEGEND ~¢ Future Rail Alignment Roads Lakes City of Denton Denton County City of Denton Planning and Development Department 221 N Elm Denton, Texas 76201 (940) 349-8350 www.cityofdenton.com This information is for graphical representation of data within the City of Denton Geographic Information System. Iris presented without warranty of any kind. Data is from various sources. 1:20000 February 2005 S:\Our DocumentsLResolutions~05LResolution DCTA Route Final.doe RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING AND ADVOCATING A PROPOSED SERVICE PLAN RAIL ROUTE BY THE DENTON COUNTY TRANSPORTATION AUTHORITY THAT WOULD USE THE FORMER UNION PACIFIC RAILROAD RIGHT-OF-WAY ("MKT") THAT RUNS PARALLEL TO 1-35 EAST BETWEEN NORTH CARROLTON AND DENTON, WITH AN ULTIMATE TERMINUS WITHIN DOWNTOWN DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton County Transportation Authority ("DCTA") through an agreement with the North Central Texas Council of Governments has commissioned a study on the DCTA approved service plan; and WHEREAS, as a part of the study, DCTA has held a series of public hearings to receive feedback on alternatives to the regional rail component of the service plan; and WHEREAS, three alternative rail routes between North Carrollton and Denton are being considered by DCTA; and WHEREAS, the City Council of the City of Denton has found and determined that the preferred route is the proposed route utilizing the fight-of-way on the former Union Pacific line ("MKT") which is parallel to interstate 35 East (I-35E) and terminates in downtown Denton (the "Preferred Route"); and WHEREAS, the Preferred Route will help to achieve and support Denton's Downtown/Central Business District as one of four major initiatives in the City of Denton's Strategic Plan for Economic Development that was approved by City Council in May 2003; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION t. The fmdings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City of Denton does hereby formally endorse and advocate the Preferred Route for the regional rail component of DCTA's service plan. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2005. EULINE BROCK, MAYOR S:\Our Docum~sLResolufions\05\Resolufion DCTA Route 12-04.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET February 22, 2005 City Manager's Office Mike Conduff, City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current board/commission vacancies: Planning and Zoning Commission - Bob Powell has resigned. This is a nomination for Council Member Redmon. Construction Advisory and Appeals Board - Jimmy Polozeck has resigned. This is a nomination for Council Member Mulroy. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:kAgenda Items\Board-Commission vacancies.doc HANDOUT TO COUNCIL ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.13 OF THE DENTON DEVELOPMENT CODE PERTAINING TO STREET TREE REGULATIONS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2,000.00 PER DAY FOR A VIOLATION THEREOF: A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (SI04-0035). WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, as a part of a quarterly review of the Development Code, and after conducting a public heating as required by law, the Planning and Zoning Commission has recommended certa'm changes to Subchapter 35.13 as it perta'ms to Street Tree Regulations; and WHEREAS, after conducting a public heating as required by law, the City Council finds that the subject changes to the Development Code are consistent with the Comprehensive Plan and are in the public interest; NOW THEREFORE TH~ COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations conta'med in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Subchapter 35.13 of the Development Code is hereby amended in part as particularly described in Exhibit "A" attached hereto and made a part hereof by reference. All other provisions of Subchapter 35.13 not inconsistent with this amendment shall remain in full force and effect. SECTION 3. 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 offence. SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application there of to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Dentun, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. 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. Page 1 PASSED AND APPROVED this the __ day of ,2005 EUL1NE BROCK, MAYOR ATTEST: JENN~ER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PR~UTY, CIJYY ATTORNEY -(~'/ Y Page 2 Exhibit "A" 35.13.7. C Street Tree Requirements All development, with the exception of estate style single-family subdivisions, shall be required to plant street trees in accordance with the following standards and in accordance to the Site Design Criteria Manual. Estate style single-family subdivisions are those subdivisions having lot frontages equal to or greater than one hundred (100) feet wide and contain lots equal to or greater than one acre in size, and utilize barrow ditches as drainage along public or private streets. The Director of Planning and Development may approve alternative plans due to special site conditions, which may, for reasons such as safety, site conditions, or existing trees on the lot, affect the ability to meet these regulations. 1. Street Tree Plan. All development shall be required to submit a master street tree plan noting location, number, and species of trees to be used within the development. 2. Location. Street trees shall be located between the street and sidewalk, except in cases where there is a designated planting strip in the right-of-way, or the sidewalk is greater than eight (8) feet wide and designed to accept trees in tree wells. 3. Number and Spacing. Street trees shall be planted by the following requirements: a. Spacing along street Single Family Residential - spacing of street trees within single-family residential developments shall be conducted as follows: (a) One (1) tree per lot, evenly spaced, for developments with lots less than 60 linear feet of street frontage. (b) Two (2) trees per lot, evenly spaced for developments with lots greater than 60 linear feet of street frontage. (c) Comer lots for all single-farnily developments shall require two or more street trees, evenly spaced, depending on the length of frontage on each street for such lots. Multi-Family Residential, Townhome and Non-residential Developments - spacing of street trees within multi-family residential, townhome or non- residential developments shall be one (1) tree for every 45 linear feet of street frontage. iii Comer lots - street trees on comer lots for all developments shall be located a minimum of twenty-five (25) feet from the property comer adjacent to the street right-of-way intersection. b. Spacing from Utilities Water and Wastewater Service Lines - no trees shall be planted closer than nine (9) feet from any underground water or wastewater utility connection or main. The location of the water and wastewater utility line shall be considered, for distance purposes, to be the surface of the ground above the line. ii Fire hydrants - no trees shall be planted closer than ten (10) feet from any fire hydrant. Street lighting - street lighting instruments shall be installed according to the design criteria of the electric utility. Individual street light instruments may be substituted in the place of individual street trees in order to reduce tree/instrument conflict. iv Within planting strip - ail street trees shall be planted within the centerline of the planting strip running parallel between the curbline and sidewalk. Root Barrier System - spacing requirements from utilities may be reduced at the discretion of the Development Review Committee Chair with a street tree plan submitted and approved which would include the installation of root barrier systems approved of by the Water or Wastewater Department. Spacing from Driveways - no trees shall be planted closer than five (5) feet from any driveway. Tree Species a. Street Tree Species Type - tree species to be used for street trees will come from the City of Denton tree list and be ora medium or large tree variety. Species Diversity - street tree species shall be of the same variety along an individual block. The same species of tree shall not be used on streets which are generally parallel and within two (2) blocks apart. If a species of tree is approved to be installed on the dead-end street, the same species of tree should be used on the extension of the street into the new subdivision. Maintenance a. Street trees shall be maintained by the adjoining property owner. It is the adjoining property owner's responsibility to thin, prone, spray, water and fertilize, and otherwise mainttfm street trees, as may be deemed necessary and feasible. Ail incurred costs are to be borne by the property owner. Tree Canopy height - The street tree shall be maintained by pruning, thinning and other necessary care by the adjacent property owner to ensure a minimum clearance of fifteen (15) vertical feet from the curbline to any intruding canopy branches. Removal of Trees or Plantings in Public Right-of-Way: The City may remove any planting which constitutes a hazard or may endanger the health, well-being or property of the public or which constitutes an obstruction to the vision of traffic. d. Tree Replacement: Thc City may replace an approved street tree or other planting wlfich has died or may have been removed for any reason, or plant additional street trees deemed appropriate and consistent with available resources. Abuse or Mutilation: It shall be unlawful for any person to break, destroy, or mutilate any approved street tree, or to set fire or permit any fire to cause damage to any portion of any street tree, or to attach or place any rope or wire, sign, poster or other device on any street tree.