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HomeMy WebLinkAboutSeptember 6, 2005 Agenda AGENDA CITY OF DENTON CITY COUNCIL September 6, 2005 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, September 6, 2005 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Receive a report, hold a discussion and give staff direction regarding the use or purchase of City of Denton right-of-way for business expansion in the downtown business district at the corner of Walnut and Cedar Streets. 2. Receive a report, hold a discussion and give staff direction regarding the quarterly Development Code update and possible amendments to the Development Code. 3. Receive a report, hold a discussion and give staff direction regarding RFSP #3355, Benefit Consultant Services. 4. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of September 6,2005. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1. Closed Meeting: A. Consultation with Attorney under Section 551.071 and Deliberation regarding Real Property under Section 551.072. 1. Deliberation on the purchase and value of real property for a tract of land owned by Mayhill Denton, L.P. containing approximately 3.676 acres located in the Gideon Walker Survey, Abstract No. 1330, in the City of Denton, Denton County, Texas, and consultation with the City's attorneys regarding related legal issues. 2. Deliberation regarding the value of a partial easement abandonment of that certain public easement recorded in Vol. 4654, Page 00483 of the Real Property Records of Denton County, Texas, and consultation with the City's attorneys regarding legal issues related to the abandonment. 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 City of Denton City Council Agenda September 6, 2005 Page 2 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. After determining that a quorum is present, the City of Denton City Council will convene in a Regular Meeting on Tuesday, September 6, 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 A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMA TIONS/PRESENTA TIONS A. Proclamations/Awards 1. Consider a Resolution of Appreciation for Herb Prouty. B. 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 - P). 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 - P 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. A. Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of concrete electric distribution poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3361 - Three Year Agreement for Purchase of Concrete Electric Distribution Poles to the lowest responsible bidder for each item, Lonestar Prestress Manufacturing, Inc., in the annual estimated amount of $118,792). The Public Utilities Board recommends approval (5-0). B. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of traffic signals for the City of Denton Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3341 - Annual Contract for Traffic Signals awarded to the lowest responsible bidder for each item in the estimated amount of $175,000). City of Denton City Council Agenda September 6, 2005 Page 3 C. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of multipurpose paper for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3366 - Annual Contract for Multipurpose Paper awarded to the lowest responsible bidder, Ricoh Corporation, in the annual estimated amount of $30,992). D. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3367 - Rental of Heavy Equipment awarded to the lowest responsible bidder or lowest evaluated local vendor for each item as listed in Exhibit A). E. Consider adoption of an ordinance awarding a contract for the purchase of two 10,000 gallon above ground fuel storage tanks to the second low bidder, Separation Systems Consultants, Inc., due to the low bidder refusing to honor a bid for Item 1 in Ordinance No. 2005-188, dated July 19, 2005; providing for the expenditure of funds therefor; and providing an effective date. (Bid 3343 - 10,000 Gallon Con Vault Above Ground Fuel Storage Tank for Item 1 to Separation Systems Consultants, Inc. - $77,998). The Public Utilities Board recommends approval (5-0). F. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of 35, 65, and 95 gallon refuse carts for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3394 - Purchase of Refuse Carts in the estimated amount of $315,000-the amount is subject to increase depending upon customer demand). The Public Utilities Board recommends approval (5-0). G. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of recycling carts for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3395 - Purchase of Recycling Carts awarded to Otto Industries, Inc. in the estimated amount of $110,000). The Public Utilities Board recommends approval (5-0). H. Consider adoption of an ordinance accepting sealed proposals and awarding a contract for high technology procurement for the rental of approximately fifty-six departmental monochrome copiers for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFP 3351 - Convenience Copier Fleet Management Solution awarded to Technifax Office Solutions in the estimated annual amount of $83,787.24 for a three year total of $251,361.72). City of Denton City Council Agenda September 6, 2005 Page 4 I. Consider approval of tax refunds for the following property taxes: Name Reason Tax Amount Year 2004 4. Haxter-Fair Title/Carter, Rickey & Duplicate Payment 2004 $ 1,062.23 Jill 6. Mortgage ServicesINicosia & 77 Duplicate Payment 2004 $ 1,090.35 LP 1. Consider adoption of an ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the Juneteenth Committee to support future Juneteenth celebrations; providing for the expenditure of funds therefor; and providing for an effective date. K. Consider adoption of an ordinance amending the Development Review Fee Schedule for minor amendments to planning application fees. (SI05-0017, Fee Schedule) L. Consider adoption of an ordinance approving a Real Estate Contract between Mayhill Denton, L.P., as Seller and the City of Denton, Texas as Purchaser for a Tract of Land consisting of approximately 3.676 acres located in the Gideon Walker Survey, Abstract No. 1330 in the City of Denton, Denton County, Texas; authorizing the expenditure of funds and providing an effective date thereof. The Public Utilities Board recommends approval (5-0). M. Consider adoption of an ordinance approving a Real Estate Contract between the City of Denton, Texas and the Harriel Group, Westover Residential Company, Ltd., and Preserve I Development, LLC. for the partial abandonment of a public utility easement recorded in Volume 4654, Page 00483 of the Real Property Records of Denton County, Texas and being located in the Gideon Walker Survey, Abstract 1330; and providing an effective date (Preserve Apartments - Shady Shores Road). The Public Utilities Board recommends approval (5-0). N. Consider a request for an exception to the Noise Ordinance for the purpose of a church musical revival, "One Voice, One Sound" sponsored by St. Emmanuel Missionary Baptist Church on Sunday, September 25th in Fred Moore Park. The exception is specifically requested for an exception of hours of operation on Sundays for an outdoor music festival. O. Consi der a request for an excepti on to the N oi se Ordinance for the purpose of the 8th Annual Denton Bluesfest 2005 music festival, sponsored by the Denton Black Chamber of Commerce. The event will take place at the North Texas Fairgrounds on Saturday, September 17, 2005, from 4:00 p.m. to 12:00 a.m. The exception is specifically requested for an increase in the decibels to 70 and for an exception of hours of operation for an outdoor music festival. City of Denton City Council Agenda September 6, 2005 Page 5 P. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to pay the City's Annual dues to the Texas Public Power Association; authorizing the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommends approval (5-0). 4. PUBLIC HEARINGS A. Hold a public hearing on a proposal to adopt a tax rate of .60815 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate. B. Hold a public hearing and receive citizen input on the 2005-06 proposed budget. C. Hold a public hearing and consider adoption of an ordinance regarding an amendment to the Detailed Plan for Planned Development 12 (PD-12) zoning district for approximately 1.775 acres. The subject property is generally located 1,100 feet northwest of Lakeview Boulevard and 1-3 5E frontage road intersection. The Planning and Zoning Commission recommends approval (5-1). (Z05-0007, Classic Mazda) D. Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 11.58 acres from Neighborhood Residential 2 (NR-2) zoning district to Neighborhood Residential 4 (NR-4) zoning district. The property is located approximately 360 feet south of Paisley and 425 feet west of Mack Drive and is adjacent to the southeast border of Audra. The Planning and Zoning Commission recommends approval (7-0). (Z05-0002, Laurel Oaks) E. Hold a public hearing and consider adoption of an ordinance regarding amendments to the Denton Development Code and the Code of Ordinances of the City of Denton, Texas related to amendments of Subchapter 12 (General Requirements) related to setback requirements for swimming pools as accessory structures. The Planning and Zoning Commission recommends approval (5-0). (DCA05-0004, Swimming Pool Setbacks) F. Hold a public hearing and consider adoption of an ordinance regarding amendments to the Denton Development Code and the Code of Ordinances of the City of Denton, Texas related to amendments to Subchapter 23 (Definitions and Terms) of the Development Code regarding townhouses. The Planning and Zoning Commission recommends approval (4-1). (DCA 05-0003, Definitions of Townhouses) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of a resolution of the City Council of the City of Denton, Texas announcing that it will vote on a tax rate at its regularly scheduled meeting of September 20, 2005; providing for publication of notice of such vote on the tax rate; and providing an effective date. City of Denton City Council Agenda September 6, 2005 Page 6 B. Consider adoption of an ordinance of the City of Denton, Texas providing for the amendment of Ordinance No. 2004-387 which provides for the Schedule of Miscellaneous Fees, Service Charges, Deposits, Billings and Procedures for Administrative Services; by adding a provision that victims of family violence who reside in Denton, Texas, who are City of Denton Utility Customers, applying for utility service may have their deposit requirement to Denton Municipal Utilities waived, provided that a victim of family violence presents a completed, signed certification letter in a form approved by the City Attorney or his designate, and that they meet the criteria specified by Texas Family Code, Section 71.004; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval ( 5-0). C. Consider appointing a nominating committee to develop a slate of appointees for the Economic Development Partnership Board. D. Consider nominations/appointments to the City's Boards and Commissions. E. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. F. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,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 IMP AIRED 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: September 6, 2005 DEPARTMENT: Economic Development/Downtown Development~ CM/DCM/ACM: Mike Conduff, 349-8306 SUBJECT Receive a report, hold a discussion and give staff direction regarding the use or purchase of City of Denton right-of-way for business expansion in the downtown business district at the corner of Walnut and Cedar Streets. BACKGROUND The Economic Development and Downtown Development staff have met with Eric Schmitz, owner of 209B West Hickory, regarding the expansion of Saltwater Cafe. The proposed plan is to build a patio area extending out from the existing entrance and back of the building into the right-of-way at the corner of Walnut and Cedar Streets (see attached drawing). The previous owner, Eric Hill, proposed a similar design a few years ago. Council was receptive to Mr. Hill's request, however they asked that surrounding property owners be contacted to determine their support or opposition of the project. Before the proposal could be brought back to the Council, Mr. Hill sold the building to Eric Schmitz. Mr. Schmitz has indicated he would like to proceed with the project and would like to know if the City Council is open to the proposal. He will be required to have the property appraised and surveyed before an agreement can be developed for City Council review and would like to understand the Council's opinion prior to moving forward with the project. Mr. Schmitz has contacted the surrounding property owners and submits the petition for your review (attached). In addition, he has provided a drawing of the proposed design. Staff requests direction from the City Council on their support or opposition of the proj ect. If Council is supportive, staff would like to discuss the options available to the Council for providing use of the right-of-way to Mr. Schmitz. The City Attorney will be prepared to go into executive session should we need to discuss legal Issues. OPTIONS Options for the right of way include: . Sell the city's right-of-way to the owner . Lease the city's right-of-way to the owner . Create a license for use between the city and owner FISCAL IMPACT Unknown at this time. 1 ATTACHMENTS 1. Sketch of proposed addition 2. Petition with signatures of affected owners and merchants 3. List of merchants and owners within the affected area 4. 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EE MUllBERRY l EE STREET psP'0f'.Ll ~ ~#Fddd~ Nww Nww AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 CM/DCM/ACM: Planning and Development Department Jon Fortune, Assistant City Manager" DEPARTMENT: SUBJECT: Receive a report, hold a discussion and give staff direction regarding the Development Code Quarterly Review, Development Code amendments, and priorities. BACKGROUND Upon adoption of the Development Code in 2002, the City Council instituted a quarterly review of the Code to be conducted by the Planning and Zoning Commission. Staff has tracked a number of comments and suggestions regarding code improvements or changes that have derived from the quarterly review forums. Further, staff has identified a number of code revisions believed to be necessary. In some instances, Code revisions have already been implemented as a result of staff observations and/or input from the quarterly code review forums. On June 7, 2005, the City Council conducted a worksession to discuss the outstanding comments from the quarterly forum and to establish a priority for implementation of necessary changes/revisions. At that meeting, the City Council directed staff to revise the list of quarterly forum comments and to separate them by completed and pending tasks. Further the City Council directed staff to provide a list of the staff identified Code changes and to develop a priority and possible schedule for completion. Finally, the City Council asked staff to develop a ranking sheet for the City Council to prioritize code revisions and work. Staff provided the requested information (see attachment 1) to the City Council in July. Staff appreciates the time the City Council took to complete the ranking survey. Specifically the City Council was asked to rank the outstanding code review comments/revisions by providing a rating of 1 to 10 with 10 being the highest priority. An average was developed based on individual City Council member rankings by adding the total score for each item and dividing by the number of responses provided for that item. In most instances there were seven responses for each item. However in a few instances, comments were provided rather than a numerical ranking. I have attached two versions of the results of the City Council ranking for your consideration. Attachment 2 shows the City Council ranking of by two categories. The first category shows your ranking of what has been defined as "Pending Code Work". These are the items that were identified in a quarterly code review forum. The second category shows your ranking of the "Code Amendments Recommended by Staff'. Attachment 3 shows the City Council ranking of all comments regardless as to their origin, quarterly review forum or staff. The purpose of this worksession discussion is to receive City Council direction on the priority for pending Development Code amendments. Upon prioritization, a schedule will be established to complete the outstanding items. ATTACHMENTS 1. July 25 memo to City Council - Development Code Quarterly Review Update 2. City Council ranking by quarterly review forum comments vs. staff suggestions 3. Combined City Council ranking form Prepared and respectfully submitted by: ~~ Kelly Carpenter, AICP Planning and Development Director ATIACHMENT 1 215 E. McKinney * Denton, TexIlS 76201* (940) 349-8535 * Fax (940) 349-7206 Office of Jon Fortlllfe, Assistant City MtllUlger MEMORANDUM DATE: July 25,2005 TO: Honorable Mayor and Members of City Council FROM: Jon Fortune, Assistant City Manager SUBJECT: Development Code Quarterly Review Update The Denton City Council adopted the Development Code in February 2002. Since adoption, the Planning and Zoning Commission has held quarterly public forums to solicit comments on the Development Code. Staff has been tracking comments from the quarterly forums and has attached the most current report for your review. At the June 7, 2005 worksession, the quarterly review process and quarterly reports were discussed, and staff sought guidance from City Council on Development Code amendment priorities. The City Council requested that staff provide the following items. 1. A revise list of quarterly forum comments separated by completed and pending tasks. Staff has recorded comments concerning the Development Code from the quarterly forums since 2002. Staff has amended the quarterly report and has provided a section to highlight the pending work that is yet to be finished and a section to highlight the Development Code changes/work that have already been completed. Further a section has been added to the report that identifies a list of staff recommended changes to the Development Code. This information is contained in Attachment 1. 2. Staff identification of code change priorities and possible schedule for completion. Attachment 2 is a chart describing staff recommended priorities and a possible schedule to address the pending items on the quarterly review report. City departments participating in the development review process have provided their recommendations for needed changes to the Development Code. The priorities reflected in Attachment 2 are based on knowledge of day-to-day problems with the Development Code that cause interpretation or process "Dedicated to Quality Service" www.cltyofdenton.com challenges. The work of preparing these Development Code amendments will involve several departments Engineering, Legal, Parks and Planning. 3. A ranking sheet for City Council to prioritize Development Code revisions/work. Attachment 1 provides the City Council an opportunity to provide your priority ranking on the development code comments/revisions. You will find a column labeled "Your Priority" where staff proposes that: a) Each City Council Member rank each item from 1 to 10, with 10 being your highest priority. Use 1 for your lowest priority rankings. b) There is no limit to the number of items you can rank with a specific ranking. For example you can have as many items ranked 10 as your desire. c) In the "Your Priority" column, please use the words "no action" to indicate items that you think do not need to be undertaken at all. At the September 6 City Council work session, staff will report the rankings of the items and the proposed work schedule will be discussed and finalized. If possible, I would appreciate it if you could please return your priority ranking form to Michelle McCallum by August 5. Please let me know if you have any questions. Thank you. ATTACHMENT 1 Quarterly Review Report as of July 25, 2005 Pending Code Work Your Policy Issue P&Z Status Priority Review Sign amendment for July 2002 No action recommended by Council when issue was variable message originally raised in July 2002. ZBA would like to sIgns Dec, 2003 see the entire sign code rewritten. Front of building July 2003 Identified by several sources, including ADP's, that parking this needs to be addressed. Oct 2002 Staff (Utilities, Engineering & Planning) IS Clearing and Grading Dec 2002 identifying solutions to be considered now that the Regulations May 2003 Tree Preservation Ordinance is adopted. Nona Muncie will establish an inter-departmental team. Excess Parking This is an issue of drafting better standards for Regulations excess parking as part of site design. Issues and concerns expressed by P&Z, Infill Development neighborhoods and development community that existing regulations might need to be modified for infill development. MF Dwelling Unit Re-evaluate the definition of a dwelling unit as it Definition July 2003 relates to student housing and the actual number of students that occupy a development. Park fee dedication is calculated on the basis of 1.8 persons per multi-family dwelling unit regardless of the bedroom mix. The comment was that this is an Park Fee Dedication July 2003 incentive for higher density developments as the developer pays the same for a one-bedroom apartment as they would for a 4-bedroom apartment. In addition, this ordinance needs to be placed into the Development Code. Issue raised by Allen Bussell (GEES, Inc.) - request Parking along streets Feb. 05 that parking be allowed along all streets except arterials controlled by TxDOT. Amend Subchapter 35.3.6 to add parking and ZBA Variances April 05 livestock to the variances that can be granted by ZBA. Parking requirements April 05 Separate parking requirements should be developed at the airport to address the uniqueness of the airport. Page 1 of 5 Revised 7/12/05 A Pending Code Work Your Policy Issue P&Z Status Priority Review Issue raised by City Council as a result of the visual Front Setback April 2004 impact of the Sherwin Williams on University and Requirements the First State Bank on Carroll. This issue is also related to parking between the building and the street. Location of Buildings Aug 2004 Issue raised by Sue Smith related to how close to the next to the street. street the First State Bank is. Ms. Smith believes it is a safety & aesthetics issue. Special Purpose & Council addressed this issue in February 2004 and Overlay Districts April 2004 staff was directed by Council to clarify how the Overlay Zoning may be used. Zero lot line July 2004 The code does not allow for "zero lot line" developments developments. Code Amendments Recommended by Staff Your Policy Issue P&Z Status Priority Review Clarification of Accessory structures/dwellings (chapters 12, 5 and 23) standards Clarification of Yards and setbacks (definitions and Sub-chapter 5 and standards General provisions in Subchapter 12) Missing language Escrow/aid to construction enabling language for road construction Sub-Chapter 20 Clarification Outdoor screening and storage (Chapters 12 and 13) Clarification Other amendments to general provisions - Chapter 12 (minimum floor area and lot size clarifications) ADP's approved Alternative development plan standards Chapter at P and Z and 13.13.5 appeal to Council Clarify sign cases that go to ZBA and sign cases the Clarification go to Council as Alternative Sign Districts (Chapter 15) Clarification Minor changes for clarification to Chapter 13.13.1 Clarification Changes to drive through requirements in Chapter 13 Clarification Clarifications to General Development Plan and Preliminary Plat Missing Language Language missing from 35.4.4. concerning Development Review Committee Page 2 of 5 Revised 7/12/05 Code Amendments Recommended by Staff Your Policy Issue P&Z Status Priority Review Exemptions for single family and exemption from tree Clarification preservation but not tree removal permit (35.13.7.A.2.c) There are definitions in Chapter 23 which contain standards or other language that should be removed Definitions from definitions and put in the appropriate location. (For example, see Dwelling, Accessory where direction for measuring density is included in the definition.) Clarifications Replat Standards Chapter 35.20 (transportation improvements) Additions Chapter 13 Design Standards for Dumpsters Clarifications Meshing "Old Code" (CH 34 and 35) with "New Code" Clarifications Chapter 21 Water and Wastewater (subdivisions) (e.g., 35.21.1., 35.21. 3.2, 35.21.3.3, etc.) Clarifications Definitions, Private Club: clarify old regulations and new ones on alcohol Page 3 of 5 Revised 7/12/05 Page 4 of 5 Revised 7/12/05 Page 5 of 5 Revised 7/12/05 7/29/2005 en " 0) Z I:: ~~ Z I:: <C III c:::C::: - ...J III U Q) N Z ~ -::::l...J 1::0..... ~U "5$0) III W I:: ;:>~ <C W III C:::c::: >-- ...J III c:::~ ~ .2' C:::J: <Co ::::l..... (1 ... '(3 1l 5 E o CIl ()2:..... ... '(3 1l 5 E o CIl ()2:<D ... '(3 1l 5 E o CIl ()2:1O ... '(3 1l 5 E 8~'<l" ... '(3 1l 5 E o CIl ()2:.., ... '(3 1l 5 E 8~N ... 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'" a ~ 00 a lO ~ r- '<t N 00 (!) r- Ol " :.s2 c;; e. u~ Q) N ~ ~.::( ~ 'Er-: .g~~ " lO -0 o '" ~ li~~ ~ E $ ~ ~ ~ "'C co 2 ~ 5 Q5 ~~~ E ~ ." ~~'; ~-=-oc .~g '5.~ (/)...... Q.) Q.) " ,,-0 ~ ~ .~ 2 c.2 c .00 .210 rn '5 c. i:: .!Q ~ ~ ~ .~ c. >< ~ ..c:: (/) wc.l-rn Ol " g ~ ~ ~~~ ;,;:: Q.) :::::l .~ ~ g' Owo:: ~ ~ (!) lO AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Fiscal Operations Questions concerning this report may be directed to Scott Payne, 349-7836 ACM: Kathy DuBose ,. SUBJECT Receive a report, hold a discussion and give staff direction regarding Request For Sealed Proposal (RFSP) #3355, Benefit Consultant Services. BACKGROUND The City of Denton has utilized the services of a consultant for our various employee and retiree benefits since the early 1990's. These benefits include health, dental, vision, life, supplemental life, accidental death and dismemberment (AD&D) as well as short and long term disability. The City initially contracted with Foster Higgins Insurance, Actuary and Consulting Services who later merged with Mercer in FY 97/98. Our cost with Mercer was $5.00 per employee per month not to exceed $70,000 per year. We began working with our current consultant, McGriff, Seibels and Williams in July of 2002 at an annual cost of $48,500. As directed by Council, the City of Denton submitted RFSP #3355 to the market place on June 14, 2005, with a due date of July 15, 2005. The following firms provided responses to RFSP #3355: Grizzaffi Darby Holmes Murphy McGriff, Seibels and Williams Rael & Letson Disqualified (did not supply Addendum #1 Acknowledgement Form) RWL Group Segal- Disqualified (did not supply Addendum #1 Acknowledgement Form) Smith & Associates The attached report provides greater details regarding the respondents, the overall RFSP review process, and staff s recommendation. FISCAL INFORMATION Funds for the Benefits Consultant are budgeted in the FY 05/06 budget in 911001.7854. Agenda Information Sheet September 6, 2005 Page 2 EXHIBITS Attachment 1 - Evaluation of Benefits Consultant RFSP #3355 Attachment 2 - Letter from Employee Insurance Committee (EIC) Attachment 3 - Copy ofRFSP #3355 Diana G. Ortiz Director of Fiscal Operations Attachment 1 - Evaluation of Benefits Consultant RFSP #3355 Review Team The qualified responses were evaluated by a Review Team approved by the City Manager. The Review Team consisted of: . Amanda Green, Parks Program Area Manager and Chairperson of the Employee Insurance Committee (EIC) . Katherine Barnett, Utility Communications & Special Projects Coordinator and a member of the EIC . Tom Shaw, Purchasing Agent . Carol Plant, Health Benefits Administrator . Scott Payne, Risk Manager . Diana Ortiz, Director of Fiscal Operations Evaluation The Evaluation Team evaluated the five responsive respondents and eliminated RWL Group and Smith & Associates. The remaining three respondents were evaluated based on the following weights, as set forth in the RFSP: 40% - Capability of Proposer to provide the services outlined in Section III 20% - Experience (Municipal Preferred and/or 1200+ Employees) 10% - References for Clients (Municipal Preferred) 20% - Cost of Services 10% - Response to Supplemental Questionnaire and Miscellaneous Provisions Additionally, the Review Team conducted in-person interviews with the remaining three respondents. The interview was limited to 30 minutes for each group. The below table illustrates the total points and average points assigned by the Review Team to each respondent based on their responses to the RFSP and their interview: ResDondent Total Points A vera!!e Points McGriff, Seibels & Williams 518 86.33 Holmes Murphy 474 79.00 Grizzaffi Darby 394 65.67 RWL Group NR NR Smith & Assoc. NR NR Rael & Letson DQ DQ Segal DQ DQ NR = Not Reviewed DQ = Disqualified 1 Pros and Cons of Top Three The below information details the pros and the cons of the top three respondents: McGriff. Seibels and Williams (MSW) Pros: . As the incumbent, MSW has a proven track record of successful performance for the City of Denton: o For the plan year beginning January 2004, MSW successfully transitioned the City's health plan from Cigna to United Healthcare, resulting in greater benefits for employees, retirees and dependents and saving the City approximately $700,000. o For the plan year beginning January 2005, MSW successfully negotiated a renewal with United Healthcare saving the City approximately $600,000. o Worked with the City and the EIC to develop the plan design changes that will go into effect January 2006. The plan design changes and MSW's negotiations could save the City approximately $1,670,000 in 2006. . MSW is the 6th largest consulting/brokerage firm in the US and the ih largest in the world. . 100 year history of insurance service as a company . Approximately 18 public entity clients representing 32,000 employees, including Bexar County, City of Garland, City of Grand Prairie, City of Harlingen, City of Mesquite, City of San Marcos, City ofLewisville, and Collin County. . Represent approximately 8,500 covered lives placed with United Healthcare, the City's current health insurance company. . Gold level status with United Healthcare. . Currently participates in various professional organizations for public entItIes including Texas Chapter Public Risk Management Association (PRIMA), State and Local Government Benefits Association (SALGBA) and Texas Municipal Human Resources Association (TMHRA). . Account representative holds Life and Health Counselor License. Cons: . Current account team has only been involved with the City's account since March of2005. . Fee ($48,500) slightly higher than Grizzaffi Darby's proposed fee, but still not an . . Increase over prIor years. . Less lives placed with United Healthcare than Holmes Murphy. . Does not serve on the National Advisory Board of any insurance companies. 2 Holmes Murphv (HM) Pros: . One account executive (Preston Pomykal) was the City's account executive with MSW prior to March of 2005. . 70+ year history of insurance service as a company. . Provides in-house actuarial, legal and benefit communication teams. . Represents approximately 110,000 covered lives placed with United Healthcare. . 80% of total annual revenue comes from clients with 500 or more employees. . Currently participates in various professional organizations for public entities including Texas Chapter Public Risk Management Association (PRIMA), State and Local Government Benefits Association (SALGBA) and Texas Municipal Human Resources Association (TMHRA) as well as the Society for Human Resource Management (SHRM). . Platinum Level status with United Healthcare. . The President of the Dallas office was an inaugural member of and continues to serve on the National Advisory Council for United Healthcare. Additionally, HM personnel also serve on the National Advisory Councils for Aetna and Cigna. . Aggressively growing their public entity book of business with current clients of City of North Richland Hills, City of Round Rock, City of Waco, Jefferson County, City of Pampa, and the City of Brenham. Cons: . No proven track record with proposed account team. . Former MSW employee, Preston Pomykal, is prohibited from working with the City of Denton until February of 2007 due to a non-compete clause. . Proposed account team to be assigned to the City of Denton does not have as much public entity experience as MSW team. . HM is involved in a legal dispute with MSW over two former employees now working with HM. . Fee ($48,500) slightly higher than Grizzaffi Darby's proposed fee, but still not an . . Increase over prIor years. GrizzatJi Darbv (GD) Pros: . Locally owned and operated company since 1996. . Voted one of the Top 15 Places to Work in DFW. . Named as one of the Top 100 Fastest Growing Businesses in DFW. . Currently serves on the National Advisory Boards for BlueCross BlueShield of Texas, GE (Genworth), Great West, Guardian, Humana, PacifiCare, United Healthcare and UnumProvident. . Lower annual fee ($45,000) than MSW and HM. . Gold level status with United Healthcare. . Represent approximately 8,300 covered lives placed with United Healthcare. 3 . Relationships and interaction with local healthcare providers. . Account representatives hold Life and Health Counselor License. Cons: . No proven track record with the City of Denton. . Limited public entity experience with only the City of Corinth (127 employees) and Lamar County (185 employees) as public entity clients. . Limited experience with large employer groups (500 or greater employees). . Less lives placed with United Healthcare than Holmes Murphy or MSW. . Does not participate in professional organizations for public entities such as PRIMA, SALGBA or TMHRA. . 9-year history of insurance service as a company. Recommendation Based on the evaluation of the Review Team, the proposal of McGriff, Seibels and Williams ranked the highest in accordance with the criteria set forth in the RFSP. 4 CITY OF DENTON. TEXAS 321 E. McKINNEY, DENTON. TEXAS 76201 Memorandum To: Mike Conduff, City Manager From: Amanda Green, Employee Insurance Committee Chair ~ Date: August 19, 2005 Re: Employee Insurance Committee (EIC) Recommendation for Benefit Consultant Services The purpose of the City's RSFP was to select a firm that can provide the City with innovative options and cost analysis as we further expand our efforts to reduce the ever increasing cost of insurance. The City received five responses to RSFP 3355 - Benefit Consultant Services for the City's insurance plan. The proposals were carefully evaluated by a City team that included representatives from the following departments: Risk Management (2), Purchasing (1), Utilities AdministrationlElC member (1), Finance (1), and Parks and RecreationlEIC Chair (1). The proposals were evaluated on the following criterion and weighted percentages: Capability of Proposer to provide services as outlined - 400,/0 Experience (Municipal Preferred and/or 1200+ Employees) - 20% References from Clients (Municipal Preferred) - 10% Cost of Services - 20% Response to Supplemental Questionnaire and Miscellaneous Provisions - 10% After an initial review of the proposals the top three candidates were asked to make a brief presentation to the panel. Each candidate was given 25 minutes to discuss the following topics: Why they should be selected (10 min) Top two trends in insurance industry (10 min) Questions and answers (5 min) www.citvofdenton.com ADA I EOE I ADEA TDD: (800) 735-2989 Based on this extensive screening process McGriff Seibels and Williams (MSW) was the unanimous first ranked candidate. MSW has a proven track record of providing innovative options and cost reduction analysis to the City of Denton. Their market presence and ability to negotiate insurance costs far outweighed that of the other candidates. MSW brings a wider breadth of experience representing large client groups and municipalities as compared to the other two candidates. They currently represent 13 municipalities in Texas and many more nationally; the other two candidates represent five municipalities and one municipality, respectively. During our last meeting, I shared the results of the screening process with the EIC and the Committee asked that I make a formal recommendation to you. Changes in the insurance industry and the need for significant changes in the employee health insurance program demand a partnership with a firm that is capable of providing the best service. The Employee Insurance Committee recommends that the City of Denton select McGriff Seibels and Williams as the City's Benefit Consultant. If you have any questions please contact my office at 349-8382. www.citvofdenton.com ADA I EOE I ADEA TDD: (800) 735-2989 CITY OF DENTON Request for Sealed Proposal RFSP # 3355 Benefit Consultant Services RFP Opening Date: July 14, 2005 Prepared by: Risk Management RFSP 3355 &l CITY OF DENTON REQUEST FOR SEALED PROPOSAL FOR BENEFIT CONSULTANT SERVICES TABLE OF CONTENTS Background and General Information Section I Special Instructions Section II Proposal Guidelines Section III Supplemental Questionnaire Section IV Miscellaneous Provisions Section V City of Denton Schedule of Benefits Section VI RFSP 3355 &l Background & General Information SECTION I Background The City of Denton (the City) is requesting your proposal to provide Benefit Consultant Services for the City's total insurance plan. The effective date will be October 1, 2005 The City currently provides or offers employees the following insurance coverage: a fully insured PPO medical plan, a PPO dental plan, a PPO vision plan, Life/ AD&D insurance, supplemental life insurance, and short-term and long-term disability. The City currently pays the cost of PPO employee only coverage on all eligible employees, basic Life/ AD&D, and long-term disability. The City of Denton is a city of 90,167 (based on 2000 census data and assuming a 5% annual rate of growth) residents and was incorporated in 1866. Denton is located approximately 40 miles north of Dallas and Fort Worth. It sits at the apex of a triangle that encompasses the Dallas-Fort Worth metropolitan area. Although it benefits from the forward thrust and continuous expansion of the largest Consolidated Metropolitan Statistical Area in the state, Denton and its economy stand proudly independent. The City of Denton has a work force of approximately 1120 employees. The City has had an effective safety and risk management program since 1970, an active Wellness Program since 1990, and an insured employee assistance program (EAP) since 1998. Additionally, the City has an Employee Insurance Committee (EIC) representing all departments, providing education and feedback as well as recommendations to City Management and City Council. In general, Denton is a full-service city that provides law enforcement, fire safety, paramedics/rescue, refuse collection, sanitary landfill, electric distribution and transmission, water, wastewater, storm sewer, animal control, parks/recreation, library and airport services. The City has two full-service, private hospitals and several private rest homes. Two major universities-University of North Texas and Texas Woman's University-along with a fully accredited public school system, allow local citizens every educational advantage possible and a rich blend of cultures. The City runs its insurance program on a January 1 plan year. However, the City is in the process of changing to an October 1 plan year to coincide with the City's fiscal year. This transition should be complete October 1, 2006. RFSP 3355 1 &l General Information 1. All proposals are required to be signed by an authorized representative of the entity submitting the proposal. Proposals received unsigned will not be considered. 2. The proposer shall not sell, assign, transfer or convey any contract resulting from this proposal, in whole or part, without the prior written consent from the City. Such consent shall not relieve the assigned of liability in the event of default by the assignee. 3. Any ambiguity in the proposal as a result of omission, error, lack of clarity or non-compliance by the proposer with specifications, instructions and all conditions shall be construed in the favor of the city. 4. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and shall not be effective unless signed by an authorized representative of the City. 5. The City shall have the right to modify this order subject to an adjustment in the price in accordance with the applicable provisions of the purchase order, if any, or pursuant to mutual agreements. No agreement or understanding to modify this order shall be binding on the City unless it is in writing and signed by an authorized representative of the City. 6. The City reserves the right to require additional technical and pricing information and negotiate all elements, which comprise the Vendor's proposal to ensure that the best possible consideration is afforded to all concerned. The City reserves the right to accept all or part of any proposal, to reject any or all proposals, and to re-solicit for proposals. 7. The City reserves the right to schedule interviews, as well as on-site visits, as deemed necessary to make a final selection. 8. All prices quoted by the proposer will remain firm for a minimum of ninety (90) days from the date of the proposal unless otherwise specified by the City or proposer. 9. Although every effort has been made to provide accurate and up-to-date information, companies supplying quotations should contact the Purchasing Agent for any questions that you might have. RFSP 3355 2 &l Special Instructions SECTION II Instructions: These instructions apply to all proposals and become a part of the terms and conditions of any proposal submitted unless a vendor takes specific exception in writing when submitting proposals. The City shall mean the City of Denton, Texas. Format: Proposals should be submitted in an easily understandable format with sections clearly defined. Proposal Returns: One original and three copies of proposals must be sealed in an envelope clearly marked on the outside with RFSP 3355 and addressed to: City of Denton ATTN: Tom Shaw Purchasing Department 901-B Texas Street Denton, Texas 76209 Late Proposals: Proposals must be in the purchasing office prior to the closing date and time, which is 2:00 p.m. on Thursday, July 14,2005. Proposals received after the specified time and date will not be considered. The City is not responsible for unmarked or improperly marked proposals. The City is not responsible for proposals delivered after the scheduled deadline due to the external or internal mail system. The time and date recorded in the Purchasing Office shall be the official time of recei pt. Facsimile Proposals: The City will not accept fax proposals. Acceptance: The right is reserved to accept or reject any or all of the proposals submitted, waive minor technicalities, and accept the offer most advantageous to the City. The City accepts no financial responsibility for any costs incurred by any proposer in the course of responding to these specifications. Authorized Signature: By signing and executing this proposal, the vendor certifies and represents to the City that the vendor has not offered, conferred, or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote, or any other exercise of discretion concerning this proposal. Proposals must show vendor name and address and be manually signed. Failure to do so will disqualify proposal. The person signing the proposal must show title or authority to bind his firm in a contract. Negotiation: The City reserves the right to negotiate once proposals are received. Taxes: The City is exempt from federal excise, state sales, and transportation taxes. Taxes must RFSP 3355 3 &l not be included in the proposal. Tax exemption certificates will be executed by the Purchasing Agent upon request. Proposal Evaluation: The proposals will be evaluated on the factors outlined below which shall be applied to all eligible, responsive proposals in selecting the successful offeror. Award of such a contract may be made without discussion with proposers after responses are received. Proposals should, therefore, be submitted on the most favorable terms. The City reserves the right to void the contract if the successful proposer cannot perform services specified by the proposer's response. Proposal Evaluation Criteria will be grouped into percentage factors as follows: . 40% - Capability of Proposer to provide services outlined in Section III . 20% - Experience (Municipal Preferred and/or 1200 + Employees) . 10% - References from Clients (Municipal Preferred) . 20% - Cost of Services . 10% - Response to Supplemental Questionnaire and Miscellaneous Provisions A2ent of Record: No commissions or other forms of compensation of any type may be included in your pricing. The City will not recognize or name any Agent of Record. Length of Contract: All responses to this RFP shall be for a two-year (2) agreement between the City and the provider. Please provide a two-year (2) initial rate guarantee, with the option to renew for two successive twelve-month agreements. Any changes to the scope of services provided under this contract that may result in changes to the terms, conditions, and fees can be redefined and negotiated after the first year. In that event, any negotiated items must be placed in writing and provided as an amendment to the contract. All proposers must agree to fully warrant and guarantee all information in its response. Termination For Default: The City of Denton reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful proposer fails to: . provide services specified . otherwise perform in accordance with the accepted proposal Breach of contract or default authorizes the City to award to another proposer and charge the full increase in cost to the defaulting proposer. Confidentiality: All information contained in the proposal is available to the public, if requested. Any information considered confidential by the propsoer should be submitted with the proposal in a separate envelope clearly marked "Confidential." Note: Proposer should provide an explanation for all items considered confidential, giving as much information as possible. RFSP 3355 4 &l Contact Questions about this Request for Proposal and the selection process must be directed in writing to: Carol L. Plant, PHR City of Denton Risk Management 215 E. McKinney Denton, TX 76201 Telephone: (940) 349-8388 Fax: (940) 349-7803 With copies to: Tom D. Shaw, C.P.M. Purchasing Department 901-B Texas Street Denton, TX 76209 Telephone: (940) 349-7100 Fax: (940) 349-7302 All questions received and the corresponding answers will be distributed to all proposers. No information will be given over the vhone. Timetable Release RFSP 3355 Receive and open proposals Interview Finalists, if necessary City Council Presentation Effective Date 06/14/2005 07/14/2005 week of 08/01/2005 09/06/2005 10/01/2005 Deadline for Ouestions The deadline for questions about this proposal will be 5:00 pm, Friday, July 1, 2005. The City will not respond to questions after this time and date. Responses to questions will be mailed to all proposers no later than, Thursday, July 7, 2005. Deadline We must receive your responses to this Request for Sealed Proposal by 2:00 p.m. on Thursday, July 14,2005. Proposals received after this time and date will not be considered. RFSP 3355 5 &l Proposal Guidelines for Insurance Consultant Services SECTION III Outline of Expected Services I. Evaluate the current programs and provide Written Analysis within 30 days of receipt of necessary data. A. Assist the City in creating and maintaining a competitive (cost & plan design) benefit program, and in doing so, provide benchmark data from like entities B. Review of Benefit Design C. Review of Benefit Utilization D. Claims analysis including review of large claims E. Review of benefits cost for employees, retirees and the City F. Provide funding analysis, financial underwriting, including renewal analysis and negotiation, budget projections, and quarterly reporting of plan's financial performance G. Evaluate plan design annually, or as required, in light of labor market conditions, cost trends, delivery systems and legal requirements H. Annually analyze, compare and review fully insured vs. self insured plans/ options I. Develop a strategy to transition to a self-funded plan, if required J. Review of current carriers' performance K. Assist in developing long-term strategies and future or proposed benefit plans L. Assist in developing long-term strategies and future for City's Retiree benefits M. Obtain necessary monthly, quarterly and annual reports and data from carriers in a timely manner N. Assist in the monitoring of vendors' quality of service and institute quality standards with penalties for poor performance O. Provide information/ education/ training to City staff related to benefit implementation and administration when requested II. Develop Renewal Strategy A. Conduct annual strategic planning meetings to establish goals, priorities, and identify areas of concern. B. Provide plan design recommendation, with estimated cost implications, for benefit modifications C. Develop a strategy and assist in the transition to an October 1 plan year D. Projected Funding requirements and funding level analysis/ development E. Negotiate with carriers to obtain favorable renewals III. Coordinate Proposal Process A. Collect and organize the information required to obtain competitive bids B. Respond to questions, clarification and requests for additional information of the bid specifications C. Review, evaluate and summarize various benefit options of the competitive proposals D. Review the policies to make sure they are consistent with the bid response E. Meet with proposed carriers regarding contract negotiations, implementation, and other bid requirements IV. RFSP 3355 Assist in the implementation of the Benefit Program 6 &l A. Develop transition plan B. Assist in establishing administrative procedures C. Prepare communication plan and City Benefit Booklet D. Work with carrier/administrators coordinating the enrollment process of all related plans E. Advise and make recommendations regarding on-line open enrollment and electronic communication capabilities V. Administration of Employee Benefits Program A. Keep City advised on new developments involving employee benefit plans B. Act as liaison between City and carriers C. Assist in the timely resolution of claims problems D. Assist in the timely resolution of billing issues E. Assist City Staff in development of multi-media educational programs and presentations, as well as provide support in the preparation of reports and presentations to City Management and Council F. Meet monthly with City Employee Insurance Committee (EIC) regarding current issues G. Appear at City Council Meetings and other necessary meetings as required H. Assist the City with compliance in the areas of COBRA/HIP AA and other benefits related legislation and legal requirements, as well as act as a technical resource to include timely periodic updates on legislative developments, emerging trends, and insurers' status I. Provide COBRA administration services and/or access to contractual services for COBRA administration and/ or similar programs J. Monitor the prospective markets and changes, which may affect the City of Denton benefit plans. K. Provide research materials on various topics, as requested NOTE: By responding to this RFSP, the Proposer agrees to comply with the above Scope of Services. If you are unable to provide/perform any service, please list that service and provide and explanation. In section C (following), you will have the opportunity to give details of your firm's performance of the Scope of Services. The information submitted shall be divided into tabbed, marked sections and shall include, but not limited to, information for each of the following: A. FIRM OVERVIEW: Proposer is requested to define the overall structure of the Firm to include the following: 1. A descriptive background of Proposer's history 2. State its principal business location and any other service locations, including the primary office servicing the City 3. State its primary line of business 4. State how long it has been providing services as described herein 5. State how many states other than Texas, where services are in use RFSP 3355 7 &l B. PROPOSED PROJECT TEAM, STAFF QUALIFICATIONS, EXPERIENCE, AND CREDENTIALS: Proposer is requested to address services offered by their company to include, but not necessarily limited to, those required services as stated above. 1. Proposer is requested to state the organization's experience, experience of the staff, and technical experience in providing these types of services 2. State level of organizational responsibility of key project staff members 3. Proposer is requested to include certifications held by Proposer's personnel 4. As the City assigns individual projects, successful Proposer shall identify personnel assigned to each specific project requirement 5. Please describe what sets your company apart from other consulting firms C. SCOPE OF SERVICES: As indicated above, please include a detailed explanation of services offered, as they relate to the City's "Outline of Expected Services" provided herein, and your recommended approach to addressing the City's needs. Please provide reasonable estimates of the cost to the City on a monthly and/or annual basis. Please include any services offered that may be above and beyond the Outline of Expected Services indicated by the City. D. REFERENCES: Proposer is requested to provide with the Request for Proposals a list of at least five (5) references where like services or their firm has performed similar projects. Include name of the client, address, telephone number and name of representative. In addition, please include all municipalities or other public entities (and number of employees) served by your firm. E. FEE SCHEDULE: Proposer is requested to provide (1) the cost of services, (2) explain the basis for the above fee and any subsequent annual fees, and (3) identify ad hoc services your company provides and the cost for these services. The City will not recognize or name an Agent of Record. No commissions or other forms of compensation of any type may be included in your pricing. Pricing must be on a flat fee basis, with full disclosure of all fees, including any which may deviate from the flat fee schedule. F. SUPPORTING MATERIALS : Various questions included in this Request for Proposals will be used in making a selection and should be addressed by section and number. Proposer is requested to submit information requested, one (1) original and two (2) copies of descriptive literature sufficient in detail to enable an intelligent comparison of services. G. FINANCIAL STATEMENTS: Proposer is requested to submit recent financial statements with this Request for Proposal. Audited financial statements are not mandatory. Unaudited financial statements will be accepted. If Proposer's firm does, however, have audited financial statements, please include a copy with the response to the RFP. Financial statements must show the name and address of the firm preparing the financial statements and the date thereof. RFSP 3355 Supplemental Questionnaire 8 &l SECTION IV 1. Describe how your firm establishes and monitors performance criteria for all vendors, carriers and contracts. 2. Describe your firm's marketplace leverage in negotiating with carriers in regard to rates, policy terms and plan design. 3. Provide information on litigation pertaining to your role as a benefit consultant over the last three (3) years. 4. Provide information on client turnover for your firm's benefit consulting division over the past three (3) years. 5. Provide information on any National, State or local associations to which your company belongs. 6. Discuss your technological abilities to provide communication in various forms (i.e., web sites, printed materials, enrollment, etc.). 7. Are there any restrictions or pending reviews by Federal or State authorities for non- compliance with Federal or State regulations? If yes, please explain. 8. Has any party brought legal action against the organization during the past three (3) years? If yes, please explain. 9. Have you made any claims against the City in the past three (3) years? If yes, what was the outcome/status? RFSP 3355 Miscellaneous Provisions 9 &l SECTION V 1. Contract Performance: Please confirm that no termination of engagements for insurance consultant services have occurred due to the non-performance, poor performance or other misfeasance in the last 10 years. 2. Conflict ofInterest Statement: Please provide a statement that there is no and will be no conflict of interest in your serving as Benefits Consultant to the City of Denton. 3. Ethics and Interest in a Public Contract: Please confirm that there is no relationship of consanguinity between the principals of your firm and any City Council Member or City official or employee that would result in that member or employee having an interest in a public contract or otherwise violate the states ethics or public contracting laws. 4. EEO Statement: Please provide a statement describing your firm's equal employment opportunity policy. RFSP 3355 10 &l AGENDA INFORMATION SHEET AGENDA DATE: September 6,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 ACM: Kathy DuBose II SUBJECT Consider adoption of an Ordinance accepting competItIve bids and awarding a three year contract for the purchase of concrete electric distribution poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3361- Three Year Agreement for Purchase of Concrete Electric Distribution Poles to the lowest responsible bidder for each item, Lonestar Prestress Manufacturing, Inc., in the annual estimated amount of $118,792). (The Public Utility Board approved this item by a vote of 5-0). BID INFORMATION This bid is for the annual contract to supply concrete utility poles with exposed river rock aggregate. Denton Municipal Electric (DME) will utilize these items in the maintenance and construction of the electric distribution system. The current Capital Improvement Program includes projects that require installation of concrete utility poles Concrete utility poles are utilized by DME in locations where aesthetically pleasing appearance is required for supporting overhead electric facilities. Concrete poles require no maintenance and have an estimated life of more than fifty years as compared to thirty years for wood poles. Concrete poles do not require painting, will not rust, are impervious to sunlight, chemicals, insects and animals and they do not require ground-line treatments. Concrete poles are designed to set directly in the ground similar to wood poles. Recent projects where DME installed concrete distribution poles were on the Loop 288 project, US 77 project and along Hickory Creek Road. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its August 22, 2005 meeting. RECOMMENDA TION Award to the lowest responsible bidder, Lonestar Prestress Manufacturing, Inc., as listed on the attached ordinance Exhibit A. Agenda Information Sheet September 6, 2005 Page 2 PRINCIPAL PLACE OF BUSINESS Lonestar Prestress Manufacturing, Inc. ESTIMA TED SCHEDULE OF PROJECT This price agreement will be in effect for a period of three years from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. FISCAL INFORMATION As items are ordered, they will be charged to the appropriate work order or budget account number. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet I.AIS.Bid 3361 Attachment 1 BID # 3361 BID OPENING DATE: JULY 26, 2005 THREE-YEAR AGREEMENT FOR CONCRETE ELECTRIC DISTRIBUTION POLES ~ Lonestar Graybar Prestress Mfg., TEC US&S Inc. Electric Principle Place of Business: Houston, TX Decatur, TX Fort Worth, TX SERVICE POLE Pole, Concrete, Service, 30 ft., 57. 7k ft-Ibs 1 10 EA min. GL moment 2508 Ibs. Minimum $655,00 $1,220,00 $674,00 Breaking Load 2 ft. Below Tip Catalog #: 303302-4 Gray E-300-GPR-EGS- 303304-4 303304-4 SlB E90 LIGHT DUTY POLE Pole, Concrete, Light Duty, 35 ft., 67.8k ft- 2 1 EA Ibs min. GL moment 2465 Ibs. Minimum 737,00 1,408,00 $759,00 Breaking Load 2 ft. Below Tip Catalog #: 353302-4 Gray E-350-GPR-EGS- 353304-4 353304-4 SlB E90 Pole, Concrete, Light Duty, 40 ft., 78.6k ft- 3 10 EA Ibs min. GL moment 2456 Ibs. Minimum 840,00 1,652,00 $865,00 Breaking Load 2 ft. Below Tip Catalog #: 403302-4 Gray E-400-GPR-EGS- 403304-4 403304-4 SlB E90 Pole, Concrete, Light Duty, 45 ft., 90.4k ft- 4 15 EA Ibs min. GL moment 2476 Ibs. Minimum 963,00 1,868,00 $991. 00 Breaking Load 2 ft. Below Tip Catalog #: 453302-4 Gray E-450-GPR-EGS- 453304-4 453304-4 SlB E90 Pole, Concrete, Light Duty, 50 ft., 102. 5k ft 5 5 EA Ibs min. GL moment 2500 Ibs. Minimum $1,138,00 $2,093,00 $1,172.00 Breaking Load 2 ft. Below Tip Catalog #: 503302-4 Gray E-500-GPR-EGS- 503304-4 503304-4 SJB E90 Pole, Concrete, Light Duty, 55 ft., 145.1k ft 6 1 EA Ibs min. GL moment 31891bs. Minimum $1,425,00 $2,385,00 $1,467,00 Breaking Load 2 ft. Below Tip Catalog #: 553302-8 Gray E-550-HPR-EGS 553304-8 553304-8 SJB E90 HEAVY DUTY POLE Pole, Concrete, Heavy Duty, 35 ft., 115.3k 7 1 EA ft-Ibs min. GL moment 41921bs. 895,00 1,573,00 $921.00 Minimum Breaking Load 2 ft. Below Tip Catalog #: 354302-8 Gray E-350-JPR-EGS- 354304-8 354304-8 SJB E90 Pole, Concrete, Heavy Duty, 40 ft., 131.8k 8 4 EA ft-Ibs min. GL moment 4118 Ibs. 1,030,00 1,784,00 $1,060,00 Minimum Breaking Load 2 ft. Below Tip Catalog #: 404302-8 E-400-JPR-EGS- 404304-8 404304-8 E90 Pole, Concrete, Heavy Duty, 45 ft., 149.4k 9 20 EA ft-Ibs min. GL moment 4093 Ibs. 1,183,00 1,999,00 $1,218,00 Minimum Breaking Load 2 ft. Below Tip Catalog #: 454302-8 Gray E-450-JPR-EGS- 454304-8 454304-8 SJB E90 Pole, Concrete, Heavy Duty, 50 ft., 169.2k 10 25 EA ft-Ibs min. GL moment 4126 Ibs. 1,400,00 2,205,00 $1,442,00 Minimum Breaking Load 2 ft. Below Tip Catalog #: 504302-8 Gray E-500-JPR-EGS- 504304-8 504304-8 SJB E90 Pole, Concrete, Heavy Duty, 55 ft., 188.4k 11 10 EA ft-Ibs min. GL moment 4140 Ibs. 1,600,00 2,476,00 $1,648,00 Minimum Breaking Load 2 ft. Below Tip Catalog #: 554302-8 Gray E-550-JPR-EGS- 554304-8 554304-8 SJB E90 Pole, Concrete, Heavy Duty, 60 ft., 205.9k 12 1 EA ft-Ibs min. GL moment 4118 Ibs. 1,870,00 2,712,00 $1,926,00 Minimum Breaking Load 2 ft. Below Tip Catalog #: 604302-8 Gray E-600-JPR-EGS- 604304-8 604304-8 SJB E90 TOTAL $118,792.00 $202,284.00 $122,318.00 Manufacturer quoted: Lonestar Stresscrete, Inc. Lonestar Prestress Prestress Price Adder for each additional 11j16" hole for poles that requires more than 22 $3.25 $0.00 $3.35 factory holes per pole Participate in Cooperative Purchasing Yes Yes N/A Program? YES or NO Delivery can be made within_ 28 - 42 30 4 weeks days of receipt of order. *Bid will be evaluated on total annual option two costs. ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR CONTRACT FOR THE PURCHASE OF CONCRETE ELECTRIC DISTRIBUTION POLES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3361-THREE YEAR AGREEMENT FOR PURCHASE OF CONCRETE ELECTRIC DISTRIBUTION POLES TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM, LONES TAR PRESTRESS MANUFACTURING, INC., IN THE ANNUAL ESTIMATED AMOUNT OF $118,792). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM NO VENDOR AMOUNT 3361 1-12 Lonestar Prestress, Mfg. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. 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: EDWIN M. SNYDER, CITY ATTORNEY BY. ~ 3-0RD-BID 3361 Exhibit A BID # 3361 BID OPENING DATE: JULY 26, 2005 THREE-YEAR AGREEMENT FOR CONCRETE ELECTRIC DISTRIBUTION POLES ~ Lonestar Prestress Mfg., Inc. Principle Place of Business: Houston, TX SERVICE POLE Pole, Concrete, Service, 30 ft., 57. 7k ft-Ibs 1 10 EA min. GL moment 2508 Ibs. Minimum $655,00 Breaking Load 2 ft. Below Tip Catalog #: 303302-4 Gray 303304-4SlB LIGHT DUTY POLE Pole, Concrete, Light Duty, 35 ft., 67.8k ft- 2 1 EA Ibs min. GL moment 2465 Ibs. Minimum 737,00 Breaking Load 2 ft. Below Tip Catalog #: 353302-4 Gray 353304-4SlB Pole, Concrete, Light Duty, 40 ft., 78.6k ft- 3 10 EA Ibs min. GL moment 2456 Ibs. Minimum 840,00 Breaking Load 2 ft. Below Tip Catalog #: 403302-4 Gray 403304-4SlB Pole, Concrete, Light Duty, 45 ft., 90.4k ft- 4 15 EA Ibs min. GL moment 2476 Ibs. Minimum 963,00 Breaking Load 2 ft. Below Tip Catalog #: 453302-4 Gray 453304-4SlB Pole, Concrete, Light Duty, 50 ft., 102. 5k ft 5 5 EA Ibs min. GL moment 2500 Ibs. Minimum $1,138,00 Breaking Load 2 ft. Below Tip Catalog #: 503302-4 Gray 503304-4 SJB Pole, Concrete, Light Duty, 55 ft., 145.1k ft 6 1 EA Ibs min. GL moment 31891bs. Minimum $1,425,00 Breaking Load 2 ft. Below Tip Catalog #: 553302-8 Gray 553304-8 SJB HEAVY DUTY POLE Pole, Concrete, Heavy Duty, 35 ft., 115.3k 7 1 EA ft-Ibs min. GL moment 41921bs. 895,00 Minimum Breaking Load 2 ft. Below Tip Catalog #: 354302-8 Gray 354304-8 SJB Pole, Concrete, Heavy Duty, 40 ft., 131.8k 8 4 EA ft-Ibs min. GL moment 4118 Ibs. 1,030,00 Minimum Breaking Load 2 ft. Below Tip Catalog #: 404302-8 404304-8 Pole, Concrete, Heavy Duty, 45 ft., 149.4k 9 20 EA ft-Ibs min. GL moment 4093 Ibs. 1,183,00 Minimum Breaking Load 2 ft. Below Tip Catalog #: 454302-8 Gray 454304-8 SJB Pole, Concrete, Heavy Duty, 50 ft., 169.2k 10 25 EA ft-Ibs min. GL moment 4126 Ibs. 1,400,00 Minimum Breaking Load 2 ft. Below Tip Catalog #: 504302-8 Gray 504304-8 SJB Pole, Concrete, Heavy Duty, 55 ft., 188.4k 11 10 EA ft-Ibs min. GL moment 4140 Ibs. 1,600,00 Minimum Breaking Load 2 ft. Below Tip Catalog #: 554302-8 Gray 554304-8 SJB Pole, Concrete, Heavy Duty, 60 ft., 205.9k 12 1 EA ft-Ibs min. GL moment 4118 Ibs. 1,870,00 Minimum Breaking Load 2 ft. Below Tip Catalog #: 604302-8 Gray 604304-8 SJB TOTAL $118,792.00 Manufacturer quoted: Lonestar Prestress Price Adder for each additional 11j16" hole for poles that requires more than 22 $3.25 factory holes per pole Delivery can be made within_ 28 - 42 days of receipt of order. CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA FOR AUGUST 22, 2005 9:00 A. M. 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, August 22,2005 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, John Baines, Bill Cheek, Phil Gallivan, Charldean Newell, EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM. /Utilities Excused: Dick Smith George Hopkins CONSENT AGENDA: Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his designee, to implement each item in accordance with the staff recommendations. The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids or purchase orders or other matters to be brought before the Public Utilities Board to be considered and approved for payment under Consent Agenda Items 1 through 3. Detailed information is attached to each Consent Agenda item. This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If the item is pulled from consideration for separate discussion, prior to its consideration, such item will be considered as the first item(s) taken up under the "Items For Individual Consideration" section of the agenda, set forth below. The remaining Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the Public Utilities Board Members who are present. 3) Consider recommending approval of an Easement Abandonment Agreement by and between the City of Denton, Texas and the Harriel Group, Westover Residential Company, Ltd., and Preserve I Development, LLC for the partial abandonment of a public utility easement recorded in Volume 4654, Page 00483 of the Real Property Records of Denton County, Texas and being located in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas (Preserve Apartments - Shady Shores Road). Board Member Charldean Newell asked that Consent Agenda Items #1 and #2 be pulled and discussed under Items for Individual Consideration. Board Member Phill Gallivan moved to approve Consent Agenda Item #3 with a second from Board Member Bill Cheek. The motion was approved by a vote of 5 to O. ITEMS FOR INDIVIDUAL CONSIDERATION: 1) Consider recommending approval of the unit prices in Bid #3361 and awarding a three-year agreement for the purchase of concrete electric distribution poles to Lonestar Prestress Manufacturing, Inc., Houston, Texas, in the annual estimated expenditure amount of $118,792. Newell asked what was the difference between the item that was presented at the last meeting to purchase poles and this particular item. Sharon Mays, Electric Utility Director responded the only difference is the size of the pole being purchased. Board Member John Baines moved to approve Agenda Items #1 with a second from Board Member Bob Bland. The motion was approved by a vote of 5 to o. 2) Consider recommending approval to purchase refuse and recycling carts and miscellaneous cart materials, through Interlocal Agreements with the Houston-Galveston Area Council of Governments (HGAC) statewide cooperative purchasing program, and the Buy Board cooperative purchasing network, in an amount not to exceed $413,596.63 Newell asked ifby approving this item staff, would be committing to purchasing additional carts before a decision has been made by City Council to transition to cart service. Vance Kemler, Solid Waste Director, responded that this cart purchase is in response to the overwhelming voluntary request for cart service. Board Member Bland noted the increase in price of the small carts from $27.00 to $34.53. Kemler responded that the actual size of the small container changed to be utilized by the automatic arm on the solid waste vehicle. Bland moved to approve Agenda Item #2 with a second from Board Member Phil Gallivan. The motion was approved by a vote of 5 to o. AGENDA INFORMATION SHEET AGENDA DATE: September 6,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 ACM: Kathy DuBose Ii SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of Traffic Signals for the City of Denton Traffic Division; providing for the expenditure of funds therefore; and providing an effective date (Bid 3341-Annual Contract for Traffic Signals awarded to the lowest responsible bidder for each item in the estimated amount of $175,000). BID INFORMATION This bid is for an annual contract for the purchase of traffic signals and related items. These materials will be utilized in the construction of new signals and in the maintenance of the existing traffic control system throughout the city of Denton. RECOMMENDA TION Award to the lowest responsible bidder for each group of related items as listed below and on the Exhibit A attached to the ordinance. Item # Items 28-36, 38, 39 Items 1-6,37,40,43 Items 41,42,44 Items 7-27 Items 45-56 Vendor CES Network Services Inc. Consolidated Traffic Controls Paradigm Traffic Systems Control Technologies Inc. NuArt Lighting Products The lower cost Items 1-3 offered by Traffic Parts, Inc., General Traffic Equipment, Paradigm Traffic Systems, and Control Technologies, do not carry the required specified signal alignment and or the overall dimensions on signal heads. Items 7-27 from Traffic Parts and General Traffic Equipment will not interchange with existing Pelco hardware due to dimensions and are not made from the specified materials. Awarding line items 1-6, 7-27, and 45-56, as group items will allow us to mix items to save on freight charges, create an ease of ordering and insure com pati bili ty. Agenda Information Sheet September 6, 2005 Page 2 PRINCIPAL PLACE OF BUSINESS CES Network Services, Inc. Dallas, Texas Consolidated Traffic Fort Worth, Texas Paradigm Traffic Fort Worth, TX Control Technologies Tomball, TX NuArt Lighting Products Salt Lake City, Utah ESTIMA TED SCHEDULE OF PROJECT This contract will remain in effect for one year from the date of award and may be renewed for additional one-year periods contingent upon pricing remaining the same. Delivery of materials is estimated to be 60 days or less. FISCAL INFORMATION These supplies and materials will be funded from account 352001.6520. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 3341 - c Q) E ..c t) ell :I:: <:( Qj ... ~ -c ... Cll :I: ~ .!!! 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'II: 2: ::::l C Z W C C c( ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNALS AND HARDWARE FOR THE CITY OF DENTON TRAFFIC DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3341-TWO YEAR CONTRACT FOR TRAFFIC SIGNALS AND HARDW ARE AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM, IN THE ANNUAL ESTIMATED AMOUNT OF $175,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3341 28-36,38,39 CES Network Services, Inc. Exhibit A 3341 1-6,37,40,43 Consolidated Traffic Controls Exhibit A 3341 41,42,44 Paradigm Traffic Systems Exhibit A 3341 7-27 Control Technologies Inc. Exhibit A 3341 45-56 NuArt Lighting Products Exhibit A SECTION 2. City Council finds the bids submitted by Traffic Parts, Inc. for Items 1-3, and 7-27, General Traffic Equipment for Items 1-3 and 7-27, Paradigm Traffic Systems for Items 1-3, and Control Technologies for Items 1-3 did not meet specifications and are therefore rejected. SECTION 3. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. 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: EDWIN M. SNYDER, CITY ATTORNEY BY. ~ 3-0RD-BID 3341 Exhibit A Bid #3341 Date: 8/11/05 Two-Year Contract for Traffic Signals & Hardware ITEM QTY. DESCRIPTION Vendor Vendor Vendor Vendor Vendor Paradigm NuArt CES Consolidated Control Traffic Lighting Network Traffic Technologies, Systems Products Services Inc. Controls, Inc. Inc. Ft. Worth, TX Salt Lake Dallas, TX Arlington, TX Tomball, TX Principle Place of Business City, UT 3 -SECTION BLACK POL YCARBONATE SIGNAL HEAD WITH 1 50 BLACK VISORS, BLACK POLY BACKPLATE, AND READY FOR $174.00 LED LENSES. 5 - SECTION BLACK POL YCARBONATE SIGNAL HEAD WITH 2 12 BLACK VISORS, BLACK POLY BACKPLATE, AND READY FOR $282.00 LED LENSES. 5 - SECTION BLACK POL YCARBONATE CLUSTER SIGNAL 3 5 HEAD WITH BLACK VISORS, BLACK POLY BACKPLATE, AND $282.00 READY FOR LED LENSES. 4 12 PEDESTRIAN HEAD, BLACK, CLAM SHELL MOUNT, READY $149.00 FOR LED LENS 5 24 PEDESTRIAN HEAD, BLACK, CLAM SHELL MOUNT WITH LED $349.00 COUNTDOWN TIMER LENS 6 12 PEDESTRIAN HEAD LENS, LED WITH COUNTDOWN TIMER $210.00 7 75 PELCO 3-SECTION ASTROBRAC ASSEMBLY WITH 84 INCH $78.79 CABLE AND GUSSETED TUBE #AS-0125-3-84 8 25 PELCO 5-SECTION ASTROBRAC ASSEMBLY WITH 84 INCH $87.73 CABLE AND GUSSETED TUBE #AS-0125-5-84 9 5 PELCO 5-SECTION ASTROBRAC CLUSTER ASSEMBLY WITH $143.89 84 INCH CABLE AND GUSSETED TUBE #AS-0138-2-84 10 50 PELCO 3-SECTION HORIZONTAL SPAN WIRE ASSEMBLY $60.89 WITH GUSSETED TUBE #AS-0127-3 11 12 PELCO 5-SECTION HORIZONTAL SPAN WIRE ASSEMBLY $69.57 WITH GUSSETED TUBE #AS-0127-5 12 24 PELCO 3-SECTION HORIZONTAL SPAN WIRE ASSEMBLY FOR $144.15 TETHER WIRE #SP-3058-TX-3-ALO 13 12 PELCO 5-SECTION HORIZONTAL SPAN WIRE ASSEMBLY FOR $156.78 TETHER WIRE #SP-3058-TX-5-ALO 14 24 PELCO SPAN WIRE SIGN HARDWARE, 1 EA OF: #SE-0338, SE $30.00 0508, SE-051 0, AND SE-0507-72 15 12 PELCO PEDESTAL POLE HARDWARE, 1 EA OF: #PB-0543, PB- $207.31 0545, PB-5306, PB-5325, PB-5401, FS-2039-SS, AND PB-51 00-8 PELCO PEDESTAL POLE HARDWARE, 1 EA OF: #PB-0543, PB- 16 12 0545, PB-5306, PB-5325, PB-5401, FS-2039-SS, AND PB-51 00- $248.42 12 PELCO PEDESTAL POLE HARDWARE, 1 EA OF: #PB-0543, PB- 17 12 0545, PB-5306, PB-5325, PB-5401, FS-2039-SS, AND PB-51 00- $282.52 16 18 50 PELCO ASTROBRAC WI 84 INCH CABLE #AS-3009-84 $43.47 Exhibit A Bid #3341 Date: 8/11/05 Two-Year Contract for Traffic Signals & Hardware ITEM QTY. DESCRIPTION Vendor Vendor Vendor Vendor Vendor Paradigm NuArt CES Consolidated Control Traffic Lighting Network Traffic Technologies, Systems Products Services Inc. Controls, Inc. Inc. Ft. Worth, TX Salt Lake Dallas, TX Arlington, TX Tomball, TX Principle Place of Business City, UT 19 6 PELCO ASTROBRAC WI 62 INCH CABLE #AS-3009-62 $42.31 20 5 PELCO MINI ASTROBRAC CABLE MOUNT#AB-0160-45 $22.84 21 5 PELCO MINI ASTROBRAC CABLE MOUNT#AB-0163-45 $18.84 22 24 PELCO PED PUSH BUTTON STATION, BLACK#SE-2023-08- $35.63 P34 23 18 PELCO PED SIGN LEFT#SF-1030-05 FOR STATION #SE-2023- $8.10 08 24 18 PELCO PED SIGN RIGHT#SF-1031-05 FOR STATION #SE-2023 $8.10 08 25 18 PELCO PED SIGN #SF-1020-05 FOR STATION #SE-2023-08 $8.73 26 24 PELCO PED PUSH BUTTON ASSEMBLY, BLACK #SE-2009-08- $18.05 P34 27 50 PELCO PED PUSH BUTTON SWITCH #SE-0211 $7.10 28 12 MDS 9810 RADIO $819.00 29 12 MDS TRANSNET 900 RADIO $635/$495 30 12 MDS INET 900 REMOTE SERIAL GATEWAY RADIO $1,200.00 31 12 RADIO POWER SUPPLY FOR MDS RADIOS,120VAC INPUT, $24.00 12VDC OUTPUT, 1000MA, CUI DPD120100-P5 OR EQUAL 32 1500' RADIO ANTENNA CABLE, 3/8" COAX, TIMES LMR 400 OR $738.67 EQUAL 33 12 RADIO ANTENNA CABLE LIGHTNING SUPRESSOR $58.00 POL YPHASER MODEL IS-B50LN-C2 RADIO JUMPER CABLE, FLEXIBLE 18", LOW LOSS, RG-58 34 12 "TYPE" TIMES NMH MALE "N" TO MALE "N" WITH RF $20.96 SHIELDING OR EQUAL 35 24 RADIO SERIAL COMMUNICATIONS CABLE, 6' LONG, 25 PIN $15.00 MALE TO 25 PIN FEMALE, BELKIN F2J088-06 OR EQUAL 36 24 RADIO ANTENNA CABLE TIMES EZ 400 NMH "N" MALE $7.00 CONNECTORS 37 2 OMNI ANTENNA, DB PRODUCTS DB86T3-Y $920.00 38 2 OMNI ANTENNA, DB PRODUCTS DB589 $708.00 Exhibit A Bid #3341 Date: 8/11/05 Two-Year Contract for Traffic Signals & Hardware ITEM QTY. DESCRIPTION Vendor Vendor Vendor Vendor Vendor Paradigm NuArt CES Consolidated Control Traffic Lighting Network Traffic Technologies, Systems Products Services Inc. Controls, Inc. Inc. Ft. Worth, TX Salt Lake Dallas, TX Arlington, TX Tomball, TX Principle Place of Business City, UT 39 12 YAGI ANTENNA, MAXRAD MYA93012 $76.60 40 6 HENKE TS1 P44 LOCAL CABINET ASSEMBLY, DENTON SPEC $5,968.00 41 12 EDI ORACLE, 4-CHANNEL LCD LOOP DETECTOR CARD $307.00 42 6 EDI LM 604, 4-CHANNEL LOOP DETECTOR CARD $176.00 43 12 3M C824-0, 4-CHANNEL CANOGA LOOP DETECTOR CARD $597.00 44 8 EDI SSM-12LE SIGNAL MONITOR $540.00 45 16 LED BACKLIT STREET SIGN 19" X 48" SINGLE SIDED, BLANK $673.55 FACE 46 16 LED BACKLIT STREET SIGN 19" X 72" SINGLE SIDED, BLANK $884.15 FACE 47 16 LED BACKLIT STREET SIGN 19" X 96" SINGLE SIDED, BLANK $952.70 FACE 48 16 LED BACKLIT STREET SIGN 24" X 48" SINGLE SIDED, BLANK $734.35 FACE 49 16 LED BACKLIT STREET SIGN 24" X 72" SINGLE SIDED, BLANK $965.00 FACE 50 16 LED BACKLIT STREET SIGN 24" X 96" SINGLE SIDED, BLANK $1,255.70 FACE 51 8 LED BACKLIT STREET SIGN 19" X 48" DOUBLE SIDED, BLANK $1,087.55 FACE 52 8 LED BACKLIT STREET SIGN 19" X 72" DOUBLE SIDED, BLANK $1,442.70 FACE 53 8 LED BACKLIT STREET SIGN 19" X 96" DOUBLE SIDED, BLANK $1,704.60 FACE 54 8 LED BACKLIT STREET SIGN 24" X 48" DOUBLE SIDED, BLANK $1,146.15 FACE 55 8 LED BACKLIT STREET SIGN 24" X 72" DOUBLE SIDED, BLANK $1,521.00 FACE 56 8 LED BACKLIT STREET SIGN 24" X 96" DOUBLE SIDED, BLANK $1,998.00 FACE AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7100 ACM: Kathy DuBose 16. SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of multipurpose paper for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3366- Annual Contract for Multipurpose Paper awarded to the lowest responsible bidder, Ricoh Corporation, in the annual estimated amount of $30,992). BID INFORMATION This bid is for the annual contract to supply multipurpose paper to all City departments. The paper will primarily be used for copiers, desktop printers and fax machines. This item will be carried in the Warehouse working capital inventory for easy access. RECOMMENDA TION Award of Ricoh Corporation in the amount of $1.94 per ream of paper ($19.37/carton) for an estimated amount of $30,992. The apparent low bidder, Xerox Corporation, would not guarantee that pricing would remain firm for one year as requested in the bid specifications. PRINCIPAL PLACE OF BUSINESS Ricoh Corporation Uniontown, OH ESTIMA TED SCHEDULE OF PROJECT This price agreement will be in effect for a period of one year from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. FISCAL INFORMATION This item will be funded out of the Warehouse working capital account and charged back to the using department. Agenda Information Sheet September 6, 2005 Page 2 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation I-AIS- Bid 3366 .... - c: Qj E .c: (.) Cll - - <t \.0 \.0 (V) (V) ::t:I: o ...... CO Lrl o ....... r-l r-l ....... 00 o w f- <( o C U ~ C 0 ~ ...., c' CJl c ci 0 :.cu == ...., l.... 0 l.... 0 Q) l.... S 0.. l.... lU lU (L U l.... Q) Q)' 0.. .;: lU (L lU l.... X C (L l.... I- Q) -0 ...., C (/) lU Q) l.... S 19 c X 0 >< :;::; I- 0 lU (/)' l.... l.... 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'u C .;: (L o o I' JJ Lf) I Lf) ,...., o o o \D ,...., ,...., o o CO (/) B I l....-o [3 lU ......2 o.::t. l.... u Q) :J ..ob E l.... :J Q) Z 0.. I' o ...., Lf) Lf) lU ...., lU 0.. :J o CJl ...., o C >- lU E CJl C 'u .;: (L -0 Q) -0 S o l.... 0.. Q) ..0 .~ Q) .~ ...., o C >- lU -0 o (V) ...: ...., 0' l.... Q) 0.. cf. Lf) I' C lU .r:. ...., Q) l.... o E 0.. :J o CJl o ,...., ...., o C .~ CJl C u .;: (L I- Z w ~ (L ~ I (f) ...., C Q) E Q) ...., lU ...., (/) Q) .r:. ...., -0 Q) -0 :J U C lU (/) o 0.. o l.... 0.. >< o ... Q) >< Q) .r:. I- * ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MULTIPURPOSE PAPER FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3366-ANNUAL CONTRACT FOR MULTIPURPOSE PAPER AWARDED TO THE LOWEST RESPONSIBLE BIDDER, RICOH CORPORATION, IN THE ANNUAL ESTIMATED AMOUNT OF $30,992). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM NO VENDOR AMOUNT 3366 1 Ricoh Corporation Exhibit A SECTION 2. City Council finds the bids submitted by Xerox Corporation did not meet specifications and are therefore rejected. SECTION 3. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. 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: EDWIN M. SNYDER, CITY ATTORNEY BY. ~ 3-0RD-BID 3366 BID # 3366 Exhibit A DATE: 08/11/05 ANNUAL CONTRACT FOR MULTIPURPOSE PAPER Ricoh Principle Place of Business: Uniontown, OH 1 1600 015-55-700 Cartons 8-1/2" x 11" White premium grade 4 multipurpose paper, minimum 84% brightness. Xerox part #3R2047, HP part #HPC8511 or equivalent. $19.37 Number of cartons per truckload__ 840-880 SHIPMENT 7 to 10 AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7100 ACM: Kathy DuBose 16. SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3367-Rental of Heavy Equipment awarded to the lowest responsible bidder or lowest evaluated local vendor for each item as listed in Exhibit A). BID INFORMATION This bid is for the annual contract to supply the rental of heavy equipment to all City departments. From time to time, the City of Denton has a need for heavy equipment to supplement our fleet. This annual Agreement will allow us quick access to expensive equipment without the delay of the bid process. In addition, the annual Agreement for multiple items lends itself to more competitive pricing than incidental usage. No guarantee of any minimal usage is part of this Agreement and each rental will have an individual purchase order. The equipment list consists of the most commonly used sizes and types of heavy equipment. RECOMMENDA TION Award to the lowest responsible bidder or the lowest evaluated local vendor for each item as listed below: Vendor Item Number Bane Machinery Jagoe-Public Company Hertz Equipment Rental Holt Rental Service TKO Equipment Co. 14, 15, 18, 19,22,23,26, 55 44,45,53 27,28 8-11,29,39,42,48,49,51,52,58 a,b,c, 59 a,b,c, 60 a,b,c, 61 a,b,c, 62 a,b,c, 63 a,b,c, 64 a,b,c 1-4,6, 7, 12-13, 16-17,20-21,24-25, 30, 32-38,40,41,43- 47, 50, 54 Agenda Information Sheet September 6, 2005 Page 2 RECOMMENDATION (CONTINUED) No bids were received for Items 56 & 57; therefore they will not be awarded at this time. Bids received for items 5, 31, 65 & 65a did not meet the minimum specification and will not be awarded. Hertz, the apparent low bidder on Items 4,7,13, 26, & 29 did not meet specifications for the minimum horsepower required. Bane Machinery, the apparent low for item 20, did not meet the minimum horsepower required. Hertz's bid for items 61a-64c could not be evaluated for due to irregularities in pricing. Items 44 & 45 were awarded to Jagoe-Public Company after consideration of the 5% local preference, based upon their community contributions as per Attachment 2. PRINCIPAL PLACE OF BUSINESS Bane Machinery Dallas, Texas Hertz Equipment Rental Fort Worth, Texas Jagoe-Public Company Denton, Texas Holt Rental Services Fort Worth, Texas TKO Equipment Co. Irving, Texas ESTIMA TED SCHEDULE OF PROJECT This price agreement will be in effect for a period of one year from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. FISCAL INFORMATION These items will be charged to the using Departments as needed. Respectfully submitted: ~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet Attachment 2: Letter from Jagoe-Public Co. ]-AIS-Bid 3367.doc - c Q) E ..c t) ell :I:: <:( ..... \D M M =1:1: :5! a:l In o ....... .... .... ....... GO III C CII Q. o I- Z w ~ D. .... ::::I 0' w > ~ w I: LL o ...I <C I- Z w Ill:: ...., e o Q) ~ ~ ci ~ 'S U 0- W .:g (/) e Q} Q} U ~ '5; '- == Q} o(f) I ...., (/) e e Q} '- 0 E . 6(/)0..0 LL ~ 'S U (f) 0- W ...., 0.. e '- N Q} 0 tEU Q} g.cu I ::J"'" o-e W~ ...., e Q} Q} '- E . .3 0.. 0 ::J'- U LL ::J 0- W 0.. >---1 '- ~~:e lU ..c 0 CO~5 ::E...., LL >- -o(/)>-w .2_ .:g > e elU..c e Q} Q} U :J~IlU ::E U ..0 ::J 0.. 0 Q}U o CJl lU ..., -0"'" o e o Q} S E . 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E . .3 0.. 0 :J .- U LL :J 0- W (L >---1 l.... ~~:e lU ..c 0 CO~5 ::E...., LL >- Ul >- Qj .:g > C ClU..c Q) Q) U ~ I lU ::E U ..0 :J (L 0 Q)U o CJl lU ..., ...., C -o~ C Q)' ~ "L 19 ~ (L ..c ...., l.... oX 51- ...., LL X l- (/)' lU lU o ..c ...., l.... ox 51- ...., LL X l- (/)' (/) Q) :J W ..c ...., l.... 3~ ...., LL ..c ...., l.... ox 51- ...., LL X I- C o ...., C Q) o ..c ...., l.... 3~ ...., LL (/) (/) Q) C 'Vi :J co "- o Q) U lU 0: Q) 0.. U C .;:: (L o o o o Lf) (J)' -lfl- o o o o o N' ,...., -lfl- o o o o (J) (J)' -lfl- -0 iii o z o o o Lf) \0 (V)' ,...., -lfl- o o o Lf) "" (J)' -lfl- o o o o Lf) 0' ,...., -lfl- -0 iii o z o o o o o N ,...., -lfl- l.... o Lf) "" (V)...., ...., C lU Q) U lU , > B .~ lU Q) > lU U >< W ..c l.... ...., Q) C (L 0 ::E N N o o o Lf) (J) \0' -lfl- o o o o Lf) co -lfl- o o o Lf) co I'- -lfl- o o o o (J) co' -lfl- o o Lf) I'- (J) (J)' -lfl- o o o co I'- \0' -lfl- o o o o (V) co -lfl- -0 iii o z o o o o Lf) (J)' -lfl- l.... o o (V) (V)...., ...., C lU Q) U lU , > B .~ lU Q) > lU U >< W ..c l.... ...., Q) C (L 0 ::E (V) N o o o o co Lf)' -lfl- o o o o Lf) \0 -lfl- o o o o "" \0' -lfl- o o o o (J) co -lfl- o o o Lf) (V) I'- -lfl- o o o "" co Lf)' -lfl- o o o o I'- \0 -lfl- -0 iii o z -0 iii o z l.... o Lf) N (V)...., ...., C lU Q) U lU , > B .~ lU Q) > lU U >< W ..c l.... ...., Q) C (L 0 ::E "" N o o o Lf) N ",,' -lfl- o o o o N Lf) -lfl- o o o Lf) o Lf)' -lfl- o o o o \0 I'- -lfl- o o o o co Lf)' -lfl- o o o (J) Lf) ",,' -lfl- o o o o ,...., \0 -lfl- -0 iii o z o o o o o \0' -lfl- l.... o o N (V)...., ...., C lU Q) U lU , > B .~ lU Q) > lU U >< W U ~ :J lU lU U l.... ~;e ..cct= ..c ........ ...., .~ g ,Lf) l.... , 0""" ...., lU l.... > Q) lU.::t. U lU >< Q) W..o ..c l.... ...., Q) C (L 0 ::E ..c l.... ...., Q) C (L 0 ::E Lf) N -0 iii o z o o o o "" \0' -lfl- -0 iii o z o o co (V) "" ",,' -lfl- -0 iii o z o o o co (V) \0' -lfl- -0 iii o z -0 iii o z -0 iii o z U ~ :J lU lU U l.... ~;e ..cct= ..c ........ ...., .~ g ,0 l.... o (V) ...., lU l.... > Q) lU.::t. U lU >< Q) W..o ..c l.... ...., Q) C (L 0 ::E \0 N -0 iii o z o o o o I'- 0' ,...., -lfl- -0 iii o z o o o o Lf) \0 -lfl- -0 iii o z o o o \0 "" (J)' -lfl- -0 iii o z -0 iii o z -0 iii o z U ~ :J lU lU U l.... ~;e ..cct= ..c ........ ...., .~ g ,0 l.... OLf) ...., lU l.... > Q) lU.::t. U lU >< Q) W..o ..c l.... ...., Q) C (L 0 ::E I'- N -0 iii o z o o o o o Lf)' ,...., -lfl- -0 iii o z o o o o (J) ,...., ,...., -lfl- -0 iii o z o o o (J) (V) ,...., ,...., -lfl- -0 iii o z -0 iii o z -0 iii o z ...., ..c C ...., Q) .~ ~ o lU N :J (V) 0- ...., Q) lU l.... U 0 l....' C o 0.. ...., (/) lU > lU lU"'" U 0 >< l.... W Q) N ..c l.... ...., Q) C (L 0 ::E co N -0 iii o z o o o o Lf) Lf)' -lfl- -0 iii o z o o o o N ",,' -lfl- -0 iii o z o o o (J) I'- Lf)' -lfl- -0 iii o z -0 iii o z -0 iii o z (J) N o o o Lf) N I'- -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z Ill:: w Z w w Ill:: u II) ...I .... o II) ~I Q) - Ceo ~M >< I ~ +-J C Q) C Q) I-~~ , lU U Qj .~ :rJ) C :J "" Q) 0-........ Q) Q) ,...., l.... l.... ~ 0 o 01'- (/)1'- ..c l.... ...., Q) C (L 0 ::E o (V) - c Q) E ..c t) ell :I:: <:( ..... \D M M =1:1: :5! a:l In o ....... .... .... ....... GO III C CII Q. o ...., C o Q) ~ ~ ci ~ 'S U 0- W I- Z w ~ D. .... ::::I 0' w > ~ w I: LL o ...I <C I- Z w Ill:: .:g (/) C Q) Q) U ~ '5; ..... == Q) o(/) I ...., (/) C C Q) o E . (/) 0.. 0 lU ._ U Q) :J (/) 0- W ...., 0.. C ..... N Q) 0 tEU Q) g.cu I :J ...., o-C W~ ...., C Q) Q) ..... E . .3 0.. 0 :J .- U LL :J 0- W (L >---1 ..... ~~:e lU ..c 0 CO~5 ::E...., LL >- Ul >- Qj .:g > C ClU..c Q) Q) U ~ I lU ::E U ..0 :J (L 0 Q)U o CJl lU ..., ...., C -o~ C Q)' ~ "L 19 ~ (L ..c ...., ..... oX 51- ...., LL ..c ...., ..... ox 51- ...., LL ..c ...., ..... 3~ ...., LL ..c ...., ..... ox 51- ...., LL ..c ...., ..... 3~ ...., LL -0 iii o z -0 iii o z X l- (/)' lU lU o -0 iii o z -0 iii o z X l- (/)' (/) Q) :J W -0 iii o z -0 iii o z -0 iii o z X I- -0 iii o z C o ...., C Q) o -0 iii o z (/) (/) Q) C 'Vi :J co ~I Q) - Ceo ~M >< I ~ +-J C Q) C Q) I-~~ , lU U Qj .~ :rJ) C :J "" Q) 0-........ Q) Q) ,...., ..... ..... ~ 0 o o(J) (/)1'- "- o Q) U lU 0: Q) 0.. U C .;:: (L ..c ..... ...., Q) C (L 0 ::E ,...., (V) ....... 'tl III o Ill:: I :t: o ....... vi' ~ u ::::I Ill:: I- o Lf) N o ...., lU U C ,....::;~ -0 lU lU .'=: o :J ~ 0- It: ~ ~o .::l U :J ..... I- ..c ..... ...., Q) C (L 0 ::E o o o Lf) (J) 1.0' -lfl- o o o o Lf) I'- -lfl- o o o o (J) co' -lfl- o o o o "", co -lfl- -0 iii o z -0 iii o z o o o o 1.0 co -lfl- -0 iii o z o o o o Lf) (J)' -lfl- o o (V) o ...., lU U C ,....::;~ -0 lU lU .'=: o :J ~ 0- It: ~ ~o .::l U :J ..... I- ..c ..... ...., Q) C (L 0 ::E N (V) o o o o (J) I'- -lfl- o o o o Lf) ,...., ,...., -lfl- o o o o (J) co' -lfl- -0 iii o z -0 iii o z -0 iii o z o o o o N (J) -lfl- -0 iii o z -0 iii o z o o "" o ...., lU U C , Q) '--"cu -g .'=: o :J ~ 0- I Q) tt:: ..... ~o .::t. U :J ..... I- ..c ..... ...., Q) C (L 0 ::E (V) (V) o o o Lf) I'- (J)' -lfl- o o o o o (V)' ,...., -lfl- o o o o co o ,...., -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z "" (V) II) Ill:: w D. <C Ill:: u II) ..... o (V) N...., 1.0 C ...., Q) lU lU U .'=: .....' :J Q) 0- 0..Q) lU ..... U (/) ..c ..... ...., Q) C (L 0 ::E o o o o (J) ,...., ,...., -lfl- o o o o o Lf)' ,...., -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z o o o o o ",,' ,...., -lfl- -0 iii o z o o o o Lf) (V) ,...., -lfl- ..... o ,...., N...., 1.0 C ...., Q) lU lU U .'=: .....' :J Q) 0- 0..Q) lU ..... U (/) ..c ..... ...., Q) C (L 0 ::E Lf) (V) o o o o Lf) 0' ,...., -lfl- o o o o o (V)' ,...., -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z 1.0 (V) o o o Lf) (J) I'- -lfl- o o o o co Lf)' -lfl- o o o o Lf) 0' ,...., -lfl- o o o o Lf) 1.0' -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z o o o o (J) (J)' -lfl- -0 iii o z ..... o Lf) ,....,...., 1.0 C ...., Q) lU lU U .'=: .....' :J Q) 0- 0..Q) lU ..... U (/) ..... o (V) ,....,...., 1.0 C ...., Q) lU lU U .'=: .....' :J Q) 0- 0..Q) lU ..... U (/) ..c ..... ...., Q) C (L 0 ::E ..c ..... ...., Q) C (L 0 ::E I'- (V) co (V) - c Q) E ..c t) ell :I:: <:( ..... \D M M =1:1: :5! a:l In o ....... .... .... ....... GO III C CII Q. o I- Z w ~ D. .... ::::I 0' w > ~ w I: LL o ...I <C I- Z w Ill:: ...., c o Q) ~ ~ ci ~ 'S U 0- W .:g (/) C Q) Q) U ~ '5; l.... == Q) o(f) I ...., (/) C C Q) l.... 0 E . 6(/)0..0 LL ~ 'S U (f) 0- W ...., 0.. C l.... N Q) 0 tEU Q) g.cu I ::J"'" o-C W~ ...., C Q) Q) l.... E . .3 0.. 0 ::J'- U LL ::J 0- W (L >---1 l.... ~~:e lU ..c 0 CO~5 ::E...., LL >- -o(/)>-w .2_ .:g > c ClU..c C Q) Q) U :J~IlU ::E U ..0 ::J (L 0 Q)U o CJl lU ..., -0"'" o C o Q) s E . Qj .9- 8 -0 ::J C 0- :JW a -o~ C Q)' ~ :~ 19 ~ (L ..c ...., l.... ox 51- ...., LL ..c ...., l.... ox 51- ...., LL ..c ...., l.... 3~ ...., LL ..c ...., l.... ox 51- ...., LL ..c ...., l.... 3~ ...., LL X l- (/)' lU lU o X l- (/)' (/) Q) ::J W X I- C o ...., C Q) o (/) (/) Q) C 'Vi ::J co "- o Q) U lU 0: Q) 0.. U C .;:: (L II) Ill:: w C <C o ...I ~ U ~ I- -0 iii o z o o o o Lf) 0' ,...., -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z l.... o (V) I'- ()) ...., ...., lU C U Q) , lU W .2: -0 ::J lU 0- o Q) --I .::t. U lU l.... I- ..c l.... ...., Q) C (L 0 ::E ()) (V) o o o o Lf) 1.0' -lfl- o o o o Lf) I'- -lfl- o o o o "" co' -lfl- -0 iii o z -0 iii o z -0 iii o z o o o o ()) 1.0 -lfl- -0 iii o z o o o o Lf) I'- -lfl- l.... o (V) 1.0 ()) ...., ...., lU C U Q) , lU W .2: -0 ::J lU 0- o Q) --I .::t. U lU l.... I- l.... o (V) Lf) ()) ...., ...., lU C U Q) , lU W .2: -0 ::J lU 0- o Q) --I .::t. U lU l.... I- ..c l.... ...., Q) C (L 0 ::E ..c l.... ...., Q) C (L 0 ::E o "" o o o Lf) N Lf)' -lfl- o o o o o 1.0' -lfl- o o o o (V) I'- -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z o o o o Lf) 1.0' -lfl- ,...., "" II) Ill:: o I- U <C D. ~ o u -0 iii o z o o o o o (V)' ,...., -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z l.... o Lf) N co...., ...., C lU Q) Ucu l........ .~ o ::J ~ g- o.. E o U l.... o Lf) ,...., co...., ...., C lU Q) Ucu l........ .~ o ::J ~ g- o.. E o U ..c l.... ...., Q) C (L 0 ::E ..c l.... ...., Q) C (L 0 ::E N "" o o o Lf) ()) 1.0' -lfl- o o o o Lf) co' -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z o o o o ,...., co -lfl- -0 iii o z o o o o Lf) co' -lfl- l.... o (V) 1.0 Lf) (L Uc ...., Q) lU lU U .2: l....' ::J o 0- tJ Q) lU 0.. E o U ..c l.... ...., Q) C (L 0 ::E (V) "" o o o Lf) N (V)' -lfl- o o o o Lf) (V) -lfl- -0 iii o z o o o Lf) co (V)' -lfl- -0 iii o z o o o Lf) co (V)' -lfl- o o o o ()) (V) -lfl- o o o o "" (V)' -lfl- o o o o ,...., ",,' -lfl- l.... o (V) 1.0 Lf) (f)...., U C ...., Q) lU lU U .2: l....' ::J o 0- tJ Q) lU 0.. E o U ..c l.... ...., Q) C (L 0 ::E "" "" o o o o o (V)' -lfl- o o o o Lf) (V)' -lfl- -0 iii o z o o o Lf) co (V) -lfl- -0 iii o z o o o ()) I'- (V)' -lfl- o o o o ()) (V) -lfl- o o o o ,...., (V)' -lfl- -0 iii o z I :t: o ....... II) z 0....... CJ'tl <C ~ 3: Ill:: Ill:: w I- <C 3: Lf) "" o o o o "" Lf)' -lfl- o o o o Lf) I'- -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z o o o o (V) 1.0 -lfl- -0 iii o z o o o o co 1.0' -lfl- ,--.., -0...., lU C o Q) ~ lU ~ .~ o ::J ........ 0- , Q) C l.... o 0 g'(V) 5~ l.... ...., Q) lU ~u 5 ..c l.... ...., Q) C (L 0 ::E 1.0 "" - c Q) E ..c t) ell :I:: <:( ..... \D M M =1:1: :5! a:l In o ....... .... .... ....... GO III C CII Q. o I- Z w ~ D. .... ::::I 0' w > ~ w I: LL o ...I <( I- Z w Ill:: ...., c o Q) ~ ~ ci ~ 'S U 0- W .:g (/) C Q} Q} U ~ '5; l.... == Q} o(f) I ...., (/) C C Q} l.... 0 E . 6(/)0..0 LL ~ 'S U (f) 0- W ...., 0.. C l.... N Q} 0 tEU Q} g.cu I ::J"'" o-C W~ ...., C Q} Q} l.... E . .3 0.. 0 ::J'- U LL ::J 0- W (L >--1 l.... ~~:e lU ..c 0 CO~5 ::E...., LL >- -o(/)>-w .2_ .:g > c ClU..c C Q) Q} U :J~IlU ::E u ..0 ::J (L 0 Q}U o Ol lU ..., -0"'" o C o Q) s E . Qj .9- 8 -0 ::J C 0- :JW a -o~ C Q}' ~ :~ 19 ~ (L ..c ...., l.... ox 51- ...., LL ..c ...., l.... ox 51- ...., LL ..c ...., l.... 3~ ...., LL ..c ...., l.... ox 51- ...., LL ..c ...., l.... 3~ ...., LL X l- (/)' lU lU o X l- (/)' (/) Q) ::J W X I- C o ...., C Q} o (/) (/) Q} C 'Vi ::J co ,--.., -0...., lU C ~~ a:: .~ o ::J ........ 0- , Q} C l.... o 0 Ollf) lUN 50 l.... ...., Q} lU ~u 5 "- o Q} U lU 0: Q} 0.. u C .;:: (L ..c l.... ...., Q) C (L 0 ::E o o o o "" Lf)' -lfl- o o o o Lf) I'- -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z II) ~ u....... ::::I'tl Ill:: III I-~ Ill:: , w c 1-0 <(....... 3: I'- "" -0 iii o z o o Lf) (J) \0 N' -lfl- -0 iii o z o o o o co N -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z ,--.., -0 lU o ~ '--= C lU 2,0l .::t.O uO ::JO ~ N' l.... Q} ...., lU 5 ,--.., -0 lU o ~ '--= C lU 2,0l .::t.O uO ::JO ~ ",,' l.... Q} ...., lU 5 ..c l.... ...., Q} C (L 0 ::E ..c l.... ...., Q) C (L 0 ::E co "" -0 iii o z o o o o Lf) ",,' -lfl- -0 iii o z o o o o (J) ",,' -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z (J) "" II) Ill:: w ...I U > U w Ill:: ....... II) Ill:: w >< .... ~ Ol lU...., E C o Q} COcu , > l.... .- Q} ::J - 0- ~Q} U l.... Q} 0 ~~ ~o Q}O .~ ,...., ::E ..c l.... ...., Q} C (L 0 ::E o o o o Lf) I'- -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z l.... o Lf) N (V) ~ ::E~ U Q} l........ (ij ~ > u .S >-0- al Q) ~ ........ l.... Q} .~ ::E ..c l.... ...., Q} C (L 0 ::E o Lf) -0 iii o z o o o o o (J)' -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z o o o o Lf) (J)' -lfl- l.... o o o Lf) ~ ::E~ U Q} l........ (ij ~ > u .S >-0- al Q) ~ ........ l.... Q} .~ ::E ..c l.... ...., Q} C (L 0 ::E ,...., Lf) -0 iii o z o o o o o ",,' ,...., -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z o o o o Lf) \0' ,...., -lfl- -0 iii o z z 3: o Ow >z :3;: 'u 1-<( ~~ I: D. II) <( N Lf) ~~ g,...., >-~ lU -I co , ' ...., Q} - C lU .- ..c..c o..U (/) lU <(::E ..c l.... ...., Q) C (L 0 ::E -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z o o o o o co' ,...., -lfl- -0 iii o z II) Ill:: w ...I ...I o Ill:: I- ...I <( I: D. II) <( (V) Lf) - c Q) E ..c t) ell :I:: <:( ..... \D M M =1:1: :5! a:l In o ....... .... .... ....... GO III C CII Q. o I- Z w ~ D. .... ::::I 0' w > ~ w I: LL o ...I <C I- Z w Ill:: ...., e o Q) ~ ~ ci ~ 'S U 0- W .:g (/) e Q) Q) U ~ '5; l.... == Q) o(f) I ...., (/) e e Q) l.... 0 E . 6(/)0..0 LL ~ 'S U (f) 0- W ...., 0.. e l.... N Q) 0 tEU Q) g.cu I ::J"'" o-e W~ ...., e Q) Q) l.... E . .3 0.. 0 ::J'- U LL ::J 0- W 0.. >---1 l.... ~~:e lU ..c 0 CO~5 ::E...., LL >- -o(/)>-w .2_ .:g > e elU..c e Q) Q) U :J~IlU ::E U ..0 ::J 0.. 0 Q)U o CJl lU ..., -0"'" o e o Q) S E . Qj .9- 8 -0 ::J e 0- :JW a -o~ e Q)' ~ :~ 19 ~ 0.. ..c ...., l.... ox 51- ...., LL ..c ...., l.... ox 51- ...., LL ..c ...., l.... 3~ ...., LL ..c ...., l.... ox 51- ...., LL ..c ...., l.... 3~ ...., LL X l- (/)' lU lU o X l- (/)' (/) Q) ::J W X I- e o ...., e Q) o (/) (/) Q) e 'Vi ::J co "- o Q) U lU 0: Q) 0.. U e .;:: 0.. o o o o Lf) N' -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z -0 iii o z e o ...., ()) l....' Q) o ~ == lU ..c 0.. (/) <( ..c l.... ...., Q) e 0.. 0 ::E '<I' Lf) o o o o Lf) N' -lfl- -0 iii o z -0 iii o z -0 iii o z -0 iii o z o o o ()) ,...., N' -lfl- -0 iii o z -0 iii o z -0 iii o z e o ...., CJ Z .... ...IV) ...Iw ....z ~.... I-I: ...IU <c<C I:~ D. V) <C N ,...., l....' Q) o ~ == lU ..c 0.. 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Q) Q) (/) :g~ 010 ...., -0...., ~ ~ E c..c o U ...., lU o..t o lU ..c l.... ...., Q) C 0.. 0 ::E Lf) \D -0 iii o z -0 iii o z ,...., -0 iii o z -0 iii o z (V) -0 iii o z N , ,...., -0 iii o z (V) -0 iii o z N -0 iii o z I'- -0 iii o z (/) >- lU -0 I I C lU Lf) \D Q) ...: -0 Q) lU-o E ~ Q)..... ..0 0 C...., lU 0.. U Q) >-u l.... Q) Q) l.... .'=: E Q) 0 o.t: Attachment 2 JAGOE...PUBUC CO. mSiI:.l.:l' 1921 ,. i"'1:rt Mt< ,\$pt.ufl PltXluction. Sa~ " He=! C.a,stroolirm RO. Box 250 ~nk))l,. 'rX 1'6202 Ma:i:n. i\!' (94th !i82"158J l::'i1x -if (940) J1l2A~D2. August 18, 2005 City of Denton - Purchasing Department Atln: Ms. Karen Smith - Senior Buyer 90lB Texas Street Denton, Texas 76209 Dear Ms. Smith, We are aware that we were not low bidder on several items in the City's bid for Rental of Heavy Equipment. However, if the local preference statute is taken into consideration, Jagoe would be low bidder for items #44 and #45 if given local bidder preference. Jagoe-Public Company is a locally owned and operated company. The contributions that Jagoe makes to the conrmunity are difficult to measure. However, please consider facts the following when evaluating this bid: . In 2004, paid approximately $200,000 in utility bills to Denton. . A direct payroll of around $2,600,000 (50 -75 employees) . Indirect payroll in excess of $1 ,500,000 (20 - 40 employees) . Local property taxes (directly & indirectly) $85,000 . Banks in locally owned banks with revenues in excess of $20M . Uses locally owned insurance agency . Preference for ALL local vendors and subcontractors fIrst In addition, Jagoe-Public Company employees and owners contribute time and/or money to the following organizations: Denton Area Advocates for the Deaf Denton Arts & Jazz Festival M.D.A. United Way Make A Wish Traffic Safety Board Ann Windle School North Texas State Fair & Rodeo Friends of the Family U.NT & T.W.U. Child Advocacy Center Public Utility Board Denton Greater Arts Cancer Society Habitat for Humanity Denton Public Schools Texas School for the Deaf Pavement Conmnttee Above are just a few of the organizations on which Jagoe-Public Company has a direct impact. Please consider Jagoe for this bid and that Denton is the place we live, work and play. Sincerely, Mwny N. Ricks - President Bill Cheek, JI. - Vice President ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RENTAL OF HEAVY EQUIPMENT FOR VARIOUS CITYDEP ARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3367-RENTAL OFHEA VYEQUIPMENT AWARDED TO THE LOWEST RESPONSIBLE BIDDER OR LOWEST EVALUATED LOCAL VENDOR FOR EACH ITEM AS LISTED IN EXHIBIT A). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM NO VENDOR AMOUNT 3367 1-4,6,7,12,13,16,17, 20,21,24,25,30,32-38, 40,41,43-47,50,54 8-11,29,39,42,48,49, 51,52,58 a,b,c,59 a,b,c, 60 a,b,c,61 a,b,c,62 a,b,c, 63 a,b,c ,64 a.b.c 14,15,18,19,22,23,26, Bane Machinery 55 27,28 44,45,53 TKO Equipment Co. Exhibit A 3367 Holt Equipment Rental Exhibit A 3367 Exhibit A 3367 3367 Hertz Equipment Rental Jagoe-Public Company Exhibit A Exhibit A SECTION 2 City Council finds the bids submitted by Hertz for Items 4, 7, 13,26 and 29 and Bane Machinery for Item 20 did not meet specifications and are therefore rejected. SECTION 3. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. 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: EDWIN M. SNYDER, CITY ATTORNEY BY. ~ 3-0RD-BID 3367 EXHIBIT A Bid #3367 Opens: 8/11/05 RENTAL OF HEAVY EQUIPMENT 11V'" ".............. Jagoe Public Bane Hertz Holt Rental T-K-Q Machinery Equipment Equipment Co. Ft. Worth LP Rental Corp. Services Co. Principle Place of Business: Denton, TX Ft. Worth, Ft. Worth, Ft. Worth, Grand TX TX TX Prairie,TX DOZERS 1 Per Dozer, Cat 010 or $22,500.00 Month equivalent 2 Per Dozer, Cat 09 or equivalent $14,750.00 Month 3 Per Dozer, Cat 08 or equivalent $11,500.00 Month 4 Per Dozer, Cat 07 or equivalent $9,000.00 Month 6 Per Dozer, Cat 06 or equivalent $6,700.00 Month 7 Per Dozer, LGP Cat 06 or $8,200.00 Month equivalent 8 Per Dozer, Cat 05 or equivalent $3,300.00 Month 9 Per Dozer, LGP Cat 05 or $3,400.00 Month equivalent 10 Per Dozer, Cat 04 or equivalent $2,800.00 Month 11 Per Dozer, LGP Cat 04 or $2,900.00 Month equivalent WHEEL LOADERS 12 Per Wheel Loader, Cat 988 or $14,500.00 Month equivalent 13 Per Wheel Loader, Cat 980 or $9,000.00 Month equivalent 14 Per Wheel Loader, Cat 966 or $5,980.00 Month equivalent 15 Per Wheel Loader, Cat 962 or $5,390.00 Month equivalent 16 Per Wheel Loader, Cat 950 or $4,400.00 Month equivalent 17 Per Wheel Loader, Cat 938 or $3,700.00 Month equivalent 18 Per Wheel Loader, Cat 928 or $3,490.00 Month equivalent EXHIBIT A Bid #3367 Opens: 8/11/05 RENTAL OF HEAVY EQUIPMENT 11V'" WI::""'U( Bane Hertz Holt Rental T-K-O Jagoe Public Machinery Equipment Equipment Services Co. Ft. Worth LP Rental Corp. Co. Ft. Worth, Ft. Worth, Ft. Worth, Grand Principle Place of Business: Denton, TX TX TX TX Prairie,TX 19 Per Wheel Loader, Cat 924 or $3,250.00 Month equivalent MOTOR GRADERS 20 Per Motor Grader, Cat 12 or $4,600.00 Month equivalent 21 Per Motor Grader, Cat 140 or $4,850.00 Month equivalent EXCAVATORS 22 Per Excavator, Cat 345 or $9,450.00 Month equivalent 23 Per Excavator, Cat 330 or $6,780.00 Month equivalent 24 Per Excavator, Cat 325 or $5,800.00 Month equivalent 25 Per Excavator, Cat 320 or $4,250.00 Month equivalent 26 Per Excavator, with hydraulic $6,380.00 Month breaker 1,500 (ft Ib) class 27 Per Excavator, with hydraulic $6,500.00 Month breaker 3,000 (ft Ib) class 28 Per Excavator, with hydraulic $11,900.00 Month breaker 5,000 (ft Ib) class 29 Per Excavator, Cat 320 with $5,500.00 Month zero tailspin or equavalent SOIL SCREENER Per Soil Screener, Terex/Finely $7,250.00 30 770 or equivalent - 3/8" - Month 1/4" screen TRUCKS, (Off-Road) 32 Per Truck, (Off-Road), Cat 0250 $6,950.00 Month or equivalent EXHIBIT A Bid #3367 Opens: 8/11/05 RENTAL OF HEAVY EQUIPMENT 11V'" WI::""'U( Bane Hertz Holt Rental T-K-O Jagoe Public Machinery Equipment Equipment Services Co. Ft. Worth LP Rental Corp. Co. Ft. Worth, Ft. Worth, Ft. Worth, Grand Principle Place of Business: Denton, TX TX TX TX Prairie,TX 33 Per Truck, (Off-Road), Cat 0300 $7,900.00 Month or equivalent 34 Per Truck (Off-Road), Cat 0400 $9,750.00 Month or equivalent SCRAPERS 35 Per Scraper, Cat 623 or $11,900.00 Month equivalent 36 Per Scraper, Cat 621 or $10,500.00 Month equivalent 37 Per Scraper, Cat 615 or $7,950.00 Month equivalent 38 Per Scraper, Cat 613 or $5,800.00 Month equivalent TRACK LOADERS 39 Per Track Loader, Cat 973 or $10,500.00 Month equivalent 40 Per Track Loader, Cat 963 or $6,500.00 Month equivalent 41 Per Track Loader, Cat 953 or $5,250.00 Month equivalent COMPACTORS 42 Per Compactor, Cat 825 or $13,000.00 Month equivalent 43 Per Compactor, Cat 815 or $6,950.00 Month equivalent 44 Per Compactor, Cat CP563 or $3,400.00 Month equivalent 45 Per Compactor, Cat CS563 or $3,100.00 Month equivalent WATER WAGONS (Off- Road) EXHIBIT A Bid #3367 Opens: 8/11/05 RENTAL OF HEAVY EQUIPMENT Jagoe Public Bane Hertz Holt Rental T-K-O Machinery Equipment Equipment Co. Ft. Worth LP Rental Corp. Services Co. Principle Place of Business: Denton, TX Ft. Worth, Ft. Worth, Ft. Worth, Grand TX TX TX Prairie,TX 46 Per Water Wagon, (Off-Road), $5,400.00 Month Cat 613 or equivalent 47 Per Water Wagon, (Off-Road), $5,400.00 Month Cat D25 or equivalent WATER TRUCKS (On-Road) 48 Per Water Truck (On-Road), $2,695.00 Month 2,000 gal. 49 Per Water Truck (On-Road), $4,500.00 Month 4,000 gal. MIXERS/RECYCLERS 50 Per MixerjRecycler, Bomag $7,500.00 Month 100R or equivalent 51 Per MixerjRecycler,CMI 325 or $9,000.00 Month equivalent 52 Per MixerjRecycler,CMI 500 or $14,000.00 Month equivalent ASPHALT-LAY DOWN MACHINE 53 Per Asphalt - Lay Down $18,000.00 Month Machine, 8 ft- 15 ft ASPHALT ROLLERS 54 Per Asphalt Roller, 9 ton $2,500.00 Month 55 Per Asphalt Roller, 12 ton $2,190.00 Month ASPHALT MILLING MACHINES BACKHOES Per Backhoe, Case 580M or 58a Day equivalent - 85 hp class $225.00 (Daily Rate) EXHIBIT A Bid #3367 Opens: 8/11/05 RENTAL OF HEAVY EQUIPMENT Jagoe Public Bane Hertz Holt Rental T-K-O Machinery Equipment Equipment Co. Ft. Worth LP Rental Corp. Services Co. Principle Place of Business: Denton, TX Ft. Worth, Ft. Worth, Ft. Worth, Grand TX TX TX Prairie,TX Per Backhoe, Case 580M or 58b Week equivalent - 85 hp class $600.00 (Weekly Rate) Per Backhoe, Case 580M or 58c Month equivalent - 85 hp class $1,600.00 (Monthly Rate) Per Backhoe, Case 590M or 59a Day equivalent - 85 hp class $225.00 (Daily Rate) Per Backhoe, Case 590M or 59b Week equivalent - 85 hp class $600.00 (Weekly Rate) Per Backhoe, Case 590M or 59c Month equivalent - 85 hp class $1,600.00 (Monthly Rate) 60 Options added to backhoe base price: Add cab with air $200.00 a conditioning b Add 4-wheel drive $200.00 c Add extendadig $200.00 SKIDSTEERS 61a Per Skidsteer, Cat 216 or $150.00 Day equivalent (Daily Rate) 61b Per Skidsteer, Cat 216 or $495.00 Week equivalent (Weekly Rate) 61c Per Skidsteer, Cat 216 or $1,250.00 Month equivalent (Monthly Rate) 62a Per Skidsteer, Cat 226 or $150.00 Day equivalent (Daily Rate) 62b Per Skidsteer, Cat 226 or $495.00 Week equivalent (Weekly Rate) 62c Per Skidsteer, Cat 226 or $1,250.00 Month equivalent (Monthly Rate) 63a Per Skidsteer, Cat 236 or $175.00 Day equivalent (Daily Rate) Bid #3367 Opens: 8/11/05 RENTAL OF HEAVY EQUIPMENT Principle Place of Business: 63b Per Skidsteer, Cat 236 or Week equivalent (Weekly Rate) 63c Per Skidsteer, Cat 236 or Month equivalent (Monthly Rate) 64a Per Skidsteer, Cat 246 or Day equivalent (Daily Rate) 64b Per Skidsteer, Cat 246 or Week equivalent (Weekly Rate) 64c Per Skidsteer, Cat 246 or Month equivalent (Monthly Rate) EXHIBIT A Jagoe Public Bane Hertz T-K-Q Machinery Equipment Holt Rental Co. Services Equipment Ft. Worth LP Rental Corp. Co. Denton, TX Ft. Worth, Ft. Worth, Ft. Worth, Grand TX TX TX Prairie,TX $595.00 $1,550.00 $200.00 $695.00 $1,750.00 AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7133 ACM: Kathy DuBose .. SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of two 10,000 gallon above ground fuel storage tanks to the second low bidder, Separation Systems Consultants, Inc., due to the low bidder refusing to honor a bid for Item 1 in Ordinance No. 2005-188, dated July 19,2005; providing for the expenditure of funds therefore; and providing an effective date. (Bid 3343-10,000 Gallon Con Vault Above Ground Fuel Storage Tank for Item 1 to Separation Systems Consultants, Inc.-$77,998). The Public Utilities Board recommends approval 5-0. BID INFORMATION On July 19,2005, Council awarded a contract to Holloway Welding and Piping for the purchase of two 10,000-gallon fuel tanks for installation at the Landfill. During the preconstruction drawing review process, it was determined that the bid from Holloway Welding and Piping failed to meet specifications although no exceptions were taken on their bid. Since Holloway Welding and Piping is unable to comply with the bid specifications, the purchase order to them has been cancelled. The bid from Separation Systems Consultants, Inc. in the amount of $38,999 per tank is the lowest bid meeting specifications. The end result will be a price increase of $6,846. PRIOR ACTIONIREVIEW (COUNCIL. BOARDS. COMMISSIONS) . The Public Utility Board approved this purchase on July 11,2005. . Council approved award of this bid on July 19,2005. RECOMMENDA TION Rescind the award of Holloway Welding and Piping and award Item 1 to Separation Systems Consultants, Inc. in the amount of $77,998. PRINCIPAL PLACE OF BUSINESS Separation Systems Consultants, Inc. Houston, TX Agenda Information Sheet September 6, 2005 Page 2 ESTIMA TED SCHEDULE OF PROJECT Delivery is estimated to be 77 days from receipt of order. FISCAL INFORMATION Funding for the fuel tanks will be provided from existing long-term bonds. Respectfully submitted: ~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet ]-AIS-Bid 3343 Change Order ..... - s::: Q) E ..c: o III - ~ M 'It M M =h: C 1-1 l:C In o o N .. 'It .... w Z ~ .., w I- <C C .. c CU GO E ....CI. .:; cr W > c!l ci e- III Cl U ... :: C Cllll:l .2 :c C . - - .- I- o CU CI..... :t:3:C::~ > c!l ci III Cl U ~.5 Cl _"CC "0 Qj 'Q. :t:3:C:: c!l cT. W 0 cU III . E ~ It:Ul :l :t: U "C C CU'" ... ~ CU CU VI ... CU C o C 0 U .- .- Cl" C :l We Ul ~ Z <C I- w ~ ~ o l- V) ...I W ~ LL. C Z ~ o ~ ~ w > o l:C <C I- ...I ~ <C > Z o U ...I <C ~ o o o .. o .... Qj . :l ~ u..... ... ~ III VI .. E Ul cu CU" C VI o > ....Ul ~ o U c!l >u III C ...... Cl VI cu .... u C C ... o VI VI iEc ... cu III fat).:!:: CI.>:l cu Ul VI Ul C o U ~ VI~ :1l! III Q ~ C~ .!! :( ~ C~ .!! :( ~ .J:.~ .. ... o 3: .. ... o u.. ~ c~ o "C C ... cu :t: ~ c'i C '$ ... ... ~ Ul :J Q) - Ol c..... o ro oJ:: .u <D .... 0'1 :J <D Ul '0; co :J ';2,..... "C~ C III ;: III Cl ~ C~ o .. VI :l o :t: Q) Ul Q) o ~ Ul Ul Q) C '(jj :J lJJ ..... o Q) u ro c:: ~ 0. 'u c 'L: (L :J~ ro c > ro 2;1- U Q) Ol c ro o .... - 0 Iii..... 19(f) o o o a' M o N N N M a' Lf) -lfl- Lf) o M o o <D r--. Lf) Lf)' M -lfl- Lf) Lf) o o M o Lf) a' M -lfl- <I: ...... z Lf) Lf) o Lf) M 0'1' M -lfl- o r--. o o N 0'1 <D a' Lf) -lfl- o <D o o M 0'1 0'1 a' '<t -lfl- o r--. o <D o o 0'1 0'1 0'1 co' M -lfl- r--. r--. ..... o ..... 0. Q) Q) ..c u c ~ (3 E c 0 o.t: :.i:i Ul ro >- = ro 2-0 Ul C ~ o1S ~.~ Q) Q) ~ .::: "'0 Q) -ro-O ~ E 0 N M S:lprchlAgendalAgenda 2004-05lSeptember 6, 20051Bid 3343 Change Order OneI3-0RD-Bid 3343.doc ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF TWO 10,000 GALLON ABOVE GROUND FUEL STORAGE TANKS TO THE SECOND LOW BIDDER, SEPARATION SYSTEM CONSULTANTS, INC. DUE TO THE LOW BIDDER REFUSING TO HONOR A BID FOR ITEM 1 IN ORDINANCE NO. 2005-188; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3343-10,000 GALLON CON VAULT ABOVE GROUND FUEL STORAGE TANK FOR ITEM 1 TO SEPARATION SYSTEMS CONSULTANTS, INC.-$77,998) WHEREAS, pursuant to Ordinance No. 2005-188, dated July 19, 2005 (the "Approval Ordinance"), the City having solicited, received and tabulated competitive bids for the purchase of two 10,000 gallon above ground fuel storage tanks was awarded to Holloway Welding and Piping in accordance with the procedures of State law and City ordinances for the purchase of two 10,000 gallon above ground fuel storage tanks, at a total price of $71,152; and WHEREAS, during the preconstruction drawing review process, it was determined that the bid from Holloway Welding and Piping failed to meet specifications; and WHEREAS, the City's Purchasing Agent recommends that the contract be awarded to the second low bidder, Separation Systems Consultants, Inc. in the amount of $77,998 as being the lowest responsible bidder; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of two 10,000 gallon fuel storage tanks approved and accepted herein; 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 bid of Separation Systems Consultants, Inc. for the numbered items in the following numbered bids for the above ground fuel storage tanks, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, is hereby accepted and approved as being the lowest responsible bid for such items: BID NUMBER ITEM VENDOR AMOUNT 3251 1 Separation Systems Consultants, Inc. $77,998 SECTION 3. By the acceptance and approval of the above numbered item 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 4. 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 5. By the acceptance and approval of the above numbered item 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 6. 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: EDWIN M. SNYDER, CITY ATTORNEY BY: ~ 1 2 3 4 5 6 PUB AGENDA ITEM #3 CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA FOR JULY 11,2005 9:00 A. M. DRAFT 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 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, July 11,2005 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, Bill Cheek, Phil Gallivan, Charldean Newell, Dick Smith EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM. /Utilities Excused: John Baines George Hopkins CONSENT AGENDA: Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his designee, to implement each item in accordance with the staff recommendations. The Public Utilities Board has received background information, staff s recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids or purchase orders or other matters to be brought before the Public Utilities Board to be considered and approved for payment under Consent Agenda Items 1 through 7. Detailed information is attached to each Consent Agenda item. This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If the item is pulled from consideration for separate discussion, prior to its consideration, such item will be considered as the first item(s) taken up under the "Items For Individual Consideration" section of the agenda, set forth below. The remaining Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the Public Utilities Board Members who are present. 1) Consider approval of Task Order 05-F with R.I. Covington Consulting, LLC for the provision of testimony and support during a formal Public Utility Commission of Texas (PUCT) hearing regarding the Denton Municipal Electric (DME) Transmission Cost of Service (TCOS) filing in an amount not to exceed $18,766. Page 1 of 2 1 2) Consider approval of Bid 3347 for Purchase of Electrical Secondary Connection Pedestals 2 from Priester Supply, in the annual estimated amount of $30,000. 3 4 3) Consider approval of Bid 3348, for the Purchase of Polymer Concrete Transformer Pads, 5 from the lowest responsible bidder for each item in the annual estimated amount of $26,000. 6 7 4) Consider approval of Bid 3323 for the purchase of galvanized steel structures to construct an 8 addition to the existing Hickory Substation and awarded to the lowest responsible bidder in 9 the estimated amount of$66,616. 10 11 5) Consider approval of Bid No. 3343 for a 10,000 Gallon ConVault Above Ground Fuel 12 Storage Tank, from Holloway Welding and Piping Company in the amount of$71,152. 13 14 6) Consider approval for the purchase and installation of Caterpillar's Computer Aided 15 Earthmoving System (CAES), to Holt Caterpillar of Fort Worth, Texas, in the amount of 16 $74,620. 17 18 7) Consi der recommending approval of the purchase of a certain 1.46 acre tract of realty, from 19 Aaron Baltazar, Ltd. located in the T. Toby Abstract, No. 1288, City of Denton, Denton 20 County, Texas, and being shown as Lot B, Block C, of La Hacienda Heights, Phase I Final 21 Plat. 22 23 Board Member Bill Cheek moved to approve Consent Agenda Items #1-7 with a second 24 from Board Member Phil Gallivan. The motion was approved by a vote of 5-0. 25 Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: September 6,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Vance Kemler 349-8444 ACM: Kathy DuBose II SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of 35, 65, and 95 gallon refuse carts for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3394-Purchase of Refuse Carts in the estimated amount of $315,000-the amount is subject to increase depending upon customer demand). (The Public Utility Board approved this item by a vote of 5-0). INTERLOCAL AGREEMENT INFORMATION The City Council approved the Solid Waste Department's most recent cart purchase using H-GAC pricing on June 21, 2005. Since approval, the Department has ordered $250,557.70 of carts for delivery in late August to early September. H-GAC Unit Prices during June 2005 were as follows: Large (95 Gallon) - $35.75 Medium (65 Gallon) - $33.75 Small (35 Gallon) - $27.00 There has been a recent H-GAC refuse cart price increase to the following unit prices: Large (95 Gallon) - $38.13 Medium (65 Gallon) - $35.68 Small (35 Gallon)- $34.53 The Solid Waste Department must purchase additional refuse carts, and various replacement parts, due to the residential cart growth Denton is steadily incurring. Currently, there are approximately 9,000 refuse carts in the field, or requested for delivery to Denton's residents once received. The increased cart demand requires the Department to order additional carts for delivery to customers and to maintain inventory levels. If Council elects to provide citywide residential refuse cart service, additional quantities will need to be purchased to make this transition. Agenda Information Sheet September 6, 2005 Page 2 PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its August 22, 2005 meeting. RECOMMENDA TION Award to Rehrig Pacific Company and Toter Incorporated as listed on attached Exhibit A. PRINCIPAL PLACE OF BUSINESS Houston-Galveston Area Council of Governments Houston, Texas Rehrig Pacific Company Lawrenceville, GA Toter Incorporated Charlotte, NC ESTIMA TED SCHEDULE OF PROJECT Staff desires to utilize this purchase agreement for all refuse cart purchases for the term of the H-GAC contract. Delivery of truckload quantities can be received 30-45 days after receipt of order. FISCAL INFORMATION Funding for the carts will be provided from Solid Waste project account 660038588.1365.30100. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Rehrig H-GAC Contract Pricing Sheet Attachment 2: Toter H-GAC Pricing Sheet ]-AIS-File 3394 Attachment 1 ~ CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Date Prepared: 8/12/2005 Buying Agency: Contact Person: : City of Denton :Karen Smith Contractor: Prepared By: :Rehrig Pacific Company :Zach Martin Phone: :(940) 349-8436 Phone: Fax: Fax: :(214)292-4709 :(214) 638-7477 Contract ~Form E Manufacturer's Options Pricing Quan 5184 iHA-I, ROC-95 2208 iHA-2, ROC-65 Description Unit Pr Total $38.13 $197,665.92 $35.68 $78,781.44 0 0 0 0 0 0 0 0 0 0 0 Total From Other Sheets, If Any: Quan Description Unit Pr Total 0 0 0 0 Total From Other Sheets, If Any: Subtotal B: 0 For this transaction the percentage is: 0% Subtotal C: $4,146.71 1.5% C. H-GAC Fee Calculation (From Current Fee Tables) Subtotal D: o 280594.07 Attachment 2 CONTRACT PRICING WORKSHEET For Standard Equipment Purchases Contract No.: GCOI-05 Date Prepared: 8/18/2005 Buying ~City of Denton Contractor: Toter Incorporated Agency: Contact ~ Billy Sprabeary Prepared Laura Gates Person: By: Phone: Phone: 800/424-0422 Fax: Fax: 704/878-0734 Email: ~ Billy .Spraybeary@cityofdenton.com Email: ~IQates@toter.com KD EVR II 79248 Description Toter Inc. EVR II UniversallNestable Model 79248 Truckload Quantity ~ 900 Body Hot Stamp - User Name/Logo Hot stamped on Side of Container Body Granite Colors - Graystone, Sandstone, Brownstone, Greenstone, Bluestone and Navy Granite Cost 34.53 Description Cost 0.50 1.45 Subtotal From Additional Sheet(s): I Subtotal B: Subtotal From Additional Sheet(s): I Subtotal C: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Uni~ Price plus Published Options (A+B). ~ For this transaction the percentage is: Description Freight - Zone 4 ($710.60 for 100 to Full Truckload) $710.60/ 900 ~ ~ Cost Description Cost 0.79 6-8 Weeks ARO 34,046.13 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF 35, 65, AND 95 GALLON REFUSE CARTS FOR THE CITY OF DENTON SOLID WASTE DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3394-PURCHASE OF REFUSE CARTS IN THE ESTIMATED AMOUNT OF $315,000). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, 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, are hereby approved. FILE NUMBER VENDOR AMOUNT 3394 3394 H-GAC/Rehrig Pacific Company H-GAC/Toter Incorporated Exhibit A Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items set forth in the referenced purchase orders, 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. Should the City and persons submitting approved and accepted items set forth in File 3394 wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by 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 H-GAC, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. 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: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-File 3394 File #3394 Date: 9/6/05 Refuse Carts Exhibit A HGACjTOTER HGACjREHRIG INC. PACIFIC CO. Principle Place of Business: Charlotte, NC Houston, TX 1 EA 35 GALLON CARTS $34.53 2 EA 65 GALLON CARTS $35.68 3 EA 95 GALLON CARTS $38.13 CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA FOR AUGUST 22, 2005 9:00 A. M. 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, August 22,2005 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, John Baines, Bill Cheek, Phil Gallivan, Charldean Newell, EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM. /Utilities Excused: Dick Smith George Hopkins CONSENT AGENDA: Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his designee, to implement each item in accordance with the staff recommendations. The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids or purchase orders or other matters to be brought before the Public Utilities Board to be considered and approved for payment under Consent Agenda Items 1 through 3. Detailed information is attached to each Consent Agenda item. This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If the item is pulled from consideration for separate discussion, prior to its consideration, such item will be considered as the first item(s) taken up under the "Items For Individual Consideration" section of the agenda, set forth below. The remaining Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the Public Utilities Board Members who are present. 3) Consider recommending approval of an Easement Abandonment Agreement by and between the City of Denton, Texas and the Harriel Group, Westover Residential Company, Ltd., and Preserve I Development, LLC for the partial abandonment of a public utility easement recorded in Volume 4654, Page 00483 of the Real Property Records of Denton County, Texas and being located in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas (Preserve Apartments - Shady Shores Road). Board Member Charldean Newell asked that Consent Agenda Items #1 and #2 be pulled and discussed under Items for Individual Consideration. Board Member Phill Gallivan moved to approve Consent Agenda Item #3 with a second from Board Member Bill Cheek. The motion was approved by a vote of 5 to O. ITEMS FOR INDIVIDUAL CONSIDERATION: 1) Consider recommending approval of the unit prices in Bid #3361 and awarding a three-year agreement for the purchase of concrete electric distribution poles to Lonestar Prestress Manufacturing, Inc., Houston, Texas, in the annual estimated expenditure amount of $118,792. Newell asked what was the difference between the item that was presented at the last meeting to purchase poles and this particular item. Sharon Mays, Electric Utility Director responded the only difference is the size of the pole being purchased. Board Member John Baines moved to approve Agenda Items #1 with a second from Board Member Bob Bland. The motion was approved by a vote of 5 to o. 2) Consider recommending approval to purchase refuse and recycling carts and miscellaneous cart materials, through Interlocal Agreements with the Houston-Galveston Area Council of Governments (HGAC) statewide cooperative purchasing program, and the Buy Board cooperative purchasing network, in an amount not to exceed $413,596.63 Newell asked ifby approving this item staff, would be committing to purchasing additional carts before a decision has been made by City Council to transition to cart service. Vance Kemler, Solid Waste Director, responded that this cart purchase is in response to the overwhelming voluntary request for cart service. Board Member Bland noted the increase in price of the small carts from $27.00 to $34.53. Kemler responded that the actual size of the small container changed to be utilized by the automatic arm on the solid waste vehicle. Bland moved to approve Agenda Item #2 with a second from Board Member Phil Gallivan. The motion was approved by a vote of 5 to o. AGENDA INFORMATION SHEET AGENDA DATE: September 6,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Vance Kemler 349-8444 ACM: Kathy DuBose II SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of recycling carts for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3395- Purchase of Recycling Carts awarded to Otto Industries, Inc. in the estimated amount of $110,000). BID INFORMATION The Residential Curbside-Recycling Program, established in November 2002, has been a major success. In initiating the Program, residents were delivered 35-gallon recycling carts. As the Program further developed, customers were provided an option to increase their cart size to a nominal sixty-eight gallon cart, if their weekly recycling volumes required the larger cart size. There has been high demand for the larger recycling carts, and this trend is continuing. Originally the City purchased 2,000 sixty-eight gallon carts. This inventory level currently requires restocking. As more residents have increased their recycling, more and more sixty-eight gallon carts are being requested, and are being provided by the Solid Waste Department. The Buy Board base price is $42.00 per cart, however, the City prefers to include the in-molded graphic technology on the lids for an additional $2.00 per cart. The in-molded graphic provides visual examples, and is particularly helpful to residents in determining whether an item is recyclable or not. PRIOR ACTIONIREVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its August 22, 2005 meeting. RECOMMENDA TION Award to Otto Industries Inc. as listed on attached Exhibit A. PRINCIPAL PLACE OF BUSINESS Otto Industries Inc. Charlotte, NC Agenda Information Sheet September 6, 2005 Page 2 ESTIMA TED SCHEDULE OF PROJECT Delivery can be made30- 45 days from receipt of an order. FISCAL INFORMATION Funding for the recycling carts will be provided from Solid Waste account 660028585.1365.30100. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote from Otto Industries, Inc. ]-AIS-File 3395 Attaclunent 1 e Date: To: From: Re: August 15,2005 Shirleen Sitton Jamie Dornak 68-gallon carts Dear Shirleen: Thank you for the opportunity to provide the City of Denton with Otto injection molded carts. I am pleased to offer the following price on Buvboard.com. Quantity 2352 Construction: Injection molded Color: Blue Hot Stamping: yes plus in mold label Delivery: unknown Price August 1, 2005 $42.50 which includes label September 1, 2005 $44.00 Term Net 30 days. Thank you for the opportunity to earn your business. If you have any questions or comments please feel free to contact 713-302-3851, 713-983-7963 or me. Best regards, Sent via electronic fax Jamie L. Dornak Area Manager Jamie Dornak - Phone: 713-302-3851- E-mail: jdornak@otto-usa.com ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF RECYCLING CARTS FOR THE CITY OF DENTON SOLID WASTE DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3395-PURCHASE OF RECYCLING CARTS AWARDED TO OTTO INDUSTRIES, INC. IN THE ESTIMATED AMOUNT OF $110,000). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, 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 Buy Board Cooperative Purchasing Network 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. The items 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 3395 Otto Industries, Inc. Exhibit A SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network 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 Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, 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 and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the items set forth in the referenced file number, 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. 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: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-File 33< Exhibit A File #3395 Date: 9/6/05 Rec clin Carts 1 Principle Place of Business: EA 68 GALLON CARTS 2 EA IN-MOLDED GRAPHICS 3 ESIMATED FREIGHT/TRUCKLOAD OTTO INDUSTRIES Charlotte, NC $42.00 $2.00 $1,300.00 CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA FOR AUGUST 22, 2005 9:00 A. M. 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, August 22,2005 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, John Baines, Bill Cheek, Phil Gallivan, Charldean Newell, EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM. /Utilities Excused: Dick Smith George Hopkins CONSENT AGENDA: Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his designee, to implement each item in accordance with the staff recommendations. The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids or purchase orders or other matters to be brought before the Public Utilities Board to be considered and approved for payment under Consent Agenda Items 1 through 3. Detailed information is attached to each Consent Agenda item. This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If the item is pulled from consideration for separate discussion, prior to its consideration, such item will be considered as the first item(s) taken up under the "Items For Individual Consideration" section of the agenda, set forth below. The remaining Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the Public Utilities Board Members who are present. 3) Consider recommending approval of an Easement Abandonment Agreement by and between the City of Denton, Texas and the Harriel Group, Westover Residential Company, Ltd., and Preserve I Development, LLC for the partial abandonment of a public utility easement recorded in Volume 4654, Page 00483 of the Real Property Records of Denton County, Texas and being located in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas (Preserve Apartments - Shady Shores Road). Board Member Charldean Newell asked that Consent Agenda Items #1 and #2 be pulled and discussed under Items for Individual Consideration. Board Member Phill Gallivan moved to approve Consent Agenda Item #3 with a second from Board Member Bill Cheek. The motion was approved by a vote of 5 to O. ITEMS FOR INDIVIDUAL CONSIDERATION: 1) Consider recommending approval of the unit prices in Bid #3361 and awarding a three-year agreement for the purchase of concrete electric distribution poles to Lonestar Prestress Manufacturing, Inc., Houston, Texas, in the annual estimated expenditure amount of $118,792. Newell asked what was the difference between the item that was presented at the last meeting to purchase poles and this particular item. Sharon Mays, Electric Utility Director responded the only difference is the size of the pole being purchased. Board Member John Baines moved to approve Agenda Items #1 with a second from Board Member Bob Bland. The motion was approved by a vote of 5 to o. 2) Consider recommending approval to purchase refuse and recycling carts and miscellaneous cart materials, through Interlocal Agreements with the Houston-Galveston Area Council of Governments (HGAC) statewide cooperative purchasing program, and the Buy Board cooperative purchasing network, in an amount not to exceed $413,596.63 Newell asked ifby approving this item staff, would be committing to purchasing additional carts before a decision has been made by City Council to transition to cart service. Vance Kemler, Solid Waste Director, responded that this cart purchase is in response to the overwhelming voluntary request for cart service. Board Member Bland noted the increase in price of the small carts from $27.00 to $34.53. Kemler responded that the actual size of the small container changed to be utilized by the automatic arm on the solid waste vehicle. Bland moved to approve Agenda Item #2 with a second from Board Member Phil Gallivan. The motion was approved by a vote of 5 to o. AGENDA INFORMATION SHEET AGENDA DATE: September 6,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tonya Demerson 349-8129 ACM: Kathy DuBose Ii SUBJECT Consider adoption of an ordinance accepting sealed proposals and awarding a contract for the rental of approximately fifty six departmental monochrome copiers for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFP 3351- Convenience Copier Fleet Management Solution awarded to Technifax Office Solutions in the estimated annual amount of $83,787.24 for an estimated three year total of $251,361.72). BID INFORMATION The City currently rents approximately 56 analog, digital copiers and/or multi-function devices. The existing copier procurement process includes various makes, models, and separate invoicing. The Leadership Team along with a committee of departmental representatives recommends consolidating the copier fleet to one vendor with customized billing. By consolidating and centralizing copier fleet management, the City expects to gain in several areas. These include: . Lower overall cost per copy . Access to cutting edge technology . Acquisition of feature-rich machines . Reduction of demand on capital funds . Better control through standardization . Scalability - matching machines to demand . Flexibility - the ability to relocate or change machines as demand changes Pricing is calculated on a cost-per-copy basis. The quoted cost-per-copy is inclusive and covers all costs applicable to the type of equipment and/or service being quoted. Cost-per-copy rates include the cost of the equipment, software, consumable supplies (except paper), all parts, labor and other service expenses. RECOMMENDA TION Award a contract to Technifax Office Solutions in the estimated annual amount of $83,787.24 for an estimated three-year total of $251,361.72. This amount includes a combined volume of 307,722 monthly. This amount also provides a total savings of approximately $121,301.07 over the next three years. Agenda Information Sheet September 6, 2005 Page 2 PRINCIPAL PLACE OF BUSINESS Technifax Office Solutions Keller, TX ESTIMA TED SCHEDULE OF PROJECT This is a three-year contract with the option to renew for two additional one-year periods contingent upon all terms and pricing remaining the same. The installation of copier machines and operation training will begin within 10 days of award. The targeted completion date is October 1, 2005. FISCAL INFORMATION Funding for the contract is budgeted in various department accounts. Reprographics project account 840011744 will be reimbursed as usage occurs. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: RFP Evaluations Attachment 2: Current Costs 1-AIS-RFP 3351 ..... ...... ~ ~ ~ ~ ~ ~ ~ = 0 0 0 0 0 0 0 0 1.0 ~ 0 '" .... 0 N 'Ot 'Ot 0 8 .... co co co II) 'Ot N 0 -= ~ C.I '<t ~ N ...... --- ...... 00 -< ~ ~ ~ ~ ~ ~ ~ -0 0 0 0 0 0 0 0 Q) II) 1.0 1.0 '<t 1.0 '<t '<t CJ) .:; Q) 0::: -0 C ::J 0 ell ~ ~ ~ ~ ~ ~ ~ ~ ..c t) 0 0 0 0 0 0 0 ..... t: ..Q II) 1.0 1.0 1.0 1.0 0 1.0 - Q) 0 I- C CJ) $: S Q) Q) ~ ..... C C Z ::J ..Q .p.; 0 0 :J <( I LL LL Z Z .p.; Q) E ~ ~ ~ ~ ~ - 0 0 ~ 0 0 0 ~ 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ C 0) 0 .... CJ) ell $: t) Q) c. CJ) ~ ~ ~ ~ ~ ~ ~ Q) 0 0 0 0 0 0 0 ~ ~ II) (") 1.0 1.0 1.0 1.0 1.0 ~ ~ E .... ...... :;::; = ..c ~ t) 8 ell Q) ~ ..... OJ) ~ ~ ~ ~ ~ .E ~ 0 0 ~ 0 0 0 ~ = 0 co 0 co I'- 1.0 0 ~ ~ ~ ~ ~ -0 ~ '" N 1.0 0 Q) = ~ 0 1:5 ... ::J ...... ...... -0 ~ ~ Q) ~ = -0 - - ~ ~ ~ ~ ~ Q) .. 0 0 0 ~ ~ ~ Ol .. ~ 0 N 0 0 0 0 ~ ~ ~ ~ ~ ~ ell ~ '<t '<t (") 0 0 0 - ... ..... C Q.1rl Q) t) o ~ ..... u~ Q) ::t:t: M M M 0 0 0 a... = ..... '" M ~ ~ ~ 0 ~ ..... co ..n 0 0 0 a.i ...... ~ 'Ot N II) tR- tR- tR- t) = '" '"_ II)_ ~ ~ ~ ~ ~ ~ C ~ Q) ~ ~ ..n ..... 0 ..... 0 M M N ~ <:0- Il) tR- tR- tR- Q) 0 'Ot ..... >-. c. ...... Ol ... C (") U 0 0 0 1.0 co 0 ':;" 0) C'! 0 co ~ 0 c. 0 cO 0 (") N 1.0 .... co t) N I'- 0) co 0) 00 1.0 Q) "!- N_ N_ co 00 0) ~ ~ ~ ~ ~ ~ -.:;t (") '<t 0 0 Ol N 00 co -0 00 00 0 (") I'- 00 Q) .... tR- tR- .... .... .... N , tR- tR- tR- tR- tR- 0 - --- , ~ Q) Ol ell -0 ..... .0 .!!! UJ :.:::i :I: VI ell CJ) Ol - :!::: -0 C C .c "C .c Qj 0 :c -0 t:: C t:: vi E C ::J ~ = C3 = 0 .!!! 0 C ~ ..c ell Qj S .c S ... 0 t) x :;::; ell Q) C Q) c.. (.) Cl 0 c. ..c t) :t= X 0 '-' c.. t:: ii:: t:: C >, 0 0 C/) C C 0 - 0 .~ t) 0 ..... I- -0 CJ) 0 0 Cll 0 Q) Q) Q) 0 U LL Z LL I- Ol ~ C/) :::.:::: 0 >< C/) -0 t) C ..... .9:! c.. ell Cii Cll ell Ol ::J (.) - Q) C tJ) CJ) ..... C CJ) Qj ..... ell (.) i= .E -0 - Cll ~ 00 C ::: tJ) Ol =It Q) C ..... 0 Qj - '(3 ..... C >- 0 ::J 'C N () 2: Qj Cl C. Cll .c ::: .2 CJ) 0, .~ (.) 0 Q) a... Qj ><Cll C -0 .c C :!::: 0> .c ::J CJ) 0 tJ) 0 C ...0 (.) C3 Q) (.) 0 ~ QjC - ii:: Qj Qj C 0 tJ) " c ><C I- ;;- Z City of Denton Equipment Inventory Updated 8/24/2005 City Hall Canon IR 600 $ 4,704.00 $ 4,704.00 MLK Rec. Center Copystar SC-1415 $ $ $ Municipal Lab Imagistics/Pitney 9014 $ 23.28 $ 500.00 $ 779.36 Sr. Center Imagistics/Pitney C235 $ 158.18 $ $ 1,898.16 ChEast Imagistics/Pitney C550 $ 167.29 $ 107.93 $ 2,115.41 CHEast Imagistics/Pitney DL46 $ 221.58 $ 25.00 $ 2,683.96 CHEast Imagistics/Pitney DL46 $ 221.58 $ 100.00 $ 2,758.96 CHEast Imagistics/Pitney DL46 $ 221.58 $ 50.00 $ 2,708.96 MLK Rec. Center Imagistics/Pitney sm. Copier D155 $ 30.90 $ 150.00 $ 520.80 CHEast Imagistics/Pitney small copier D155 $ 55.76 $ 100.00 $ 769.12 CHEast Minolta CSPro 2010 $ 55.76 $ 100.00 $ 769.12 CHEast Minolta EP2030 $ 113.35 $ 500.00 $ 1,860.20 CHEast Minolta CSPro 2010 $ 93.90 $ $ 1,126.80 Landfill Minolta Di152 $ 60.00 $ $ 720.00 CHEast Minolta CSPro 2010 $ 106.50 $ 25.00 $ 1,303.00 Service Center Minolta Di183F $ 69.00 $ $ 828.00 Solid Waste Minolta Di2010 $ 96.00 $ 100.00 $ 1,252.00 S. Library Minolta Di251 $ 128.00 $ 40.00 $ 1,576.00 Water Works Park Minolta Di251 $ 61.00 $ 25.00 $ 757.00 Airport Minolta Di2510 $ 106.00 $ 185.00 $ 1,457.00 North Lakes Annex Minolta Di2510 $ 90.00 $ $ 1,080.00 Water plant Minolta Di2510 $ 151.00 $ $ 1,812.00 Wells Fargo Minolta Di2510 $ 125.53 $ 209.00 $ 1,715.36 Animal Services Minolta Di3510 $ 118.53 $ 100.00 $ 1,522.36 City Hall Minolta Di450 $ 377.00 $ $ 4,524.00 Service Center Minolta Di450 $ 319.00 $ $ 3,828.00 Civic Center Minolta Di470 $ 18.75 $ 200.00 $ 425.00 Fac. Mgmt. Minolta Di470 $ 212.96 $ $ 2,555.52 Fire Central Minolta Di470 $ 285.44 $ 250.00 $ 3,675.28 Solid Waste Minolta Di470 $ 276.00 $ 200.00 $ 3,512.00 Water Rec. Plant Minolta Di470 $ 235.00 $ $ 2,820.00 CHEast Minolta Di550 $ 211.90 $ 100.00 $ 2,642.80 Attachment 2 City of Denton Equipment Inventory Updated 8/2/2005 Service Center Minolta Di550 $ 244.90 $ 100.00 $ 3,038.80 CHEast Minolta Di5510 $ 415.00 $ 50.00 $ 5,030.00 CHEast Minolta Di5510 $ 378.00 $ 100.00 $ 4,636.00 CHWest Minolta Di650 $ 548.00 $ $ 6,576.00 CHEast Minolta EP2030 $ 58.05 $ 10.00 $ 706.60 CHEast Minolta EP2030 $ 91.71 $ $ 1,100.52 Confidential Minolta EP2030 $ 53. 67 $ 25.00 $ 669.04 East Side Comm. Minolta EP2030 $ 58.05 $ 100.00 $ 796.60 Fac. Mgmt. Minolta EP2030 $ 63.25 $ $ 759.00 Fleet Services Minolta EP2030 $ 90.35 $ 15.80 $ 1,100.00 Service Center Minolta EP2030 $ 141.00 $ 75.00 $ 1,767.00 SW-Scalehouse Minolta EP2030 $ 63.25 $ $ 759.00 Traffic Control Minolta EP2030 $ 33. 00 $ 130.89 $ 526.89 Wells Fargo Minolta EP2030 $ 91.71 $ 100.00 $ 1,200.52 CHEast Gce 3045 $ 318.25 $ $ 3,819.00 Service Center Sharp AR-235 $ 236.64 $ 1,825.57 $ 4,665.25 Spencer Station Sharp AR-235 $ 179.10 $ $ 2,149.20 City Hall Sharp AR-337 $ 354.94 $ $ 4,259.28 City Hall Sharp AR-337 $ 251.80 $ $ 3,021.60 CHWest Sharp AR-M350 $ 365.60 $ 52.46 $ 4,439.66 City Hall Sharp AR-M350U $ 357.20 $ 100.00 $ 4,386.40 Service Center Sharp AR-M350 $ 309.00 $ $ 3,708.00 City Hall Sharp AR-M350 $ 367.20 $ $ 4,406.40 CHEast Xerox DC XL2140rf $ $ $ Repro/Walkup $ 9,480.44 $ 10,455.65 $ 124,220.93 2 ORDINANCE NO. AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR HIGH TECHNOLOGY PROCUREMENT FOR THE RENTAL OF APPROXIMATELY FIFTY SIX DEPARTMENTAL MONOCHROME COPIERS FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFP 3351-CONVENIENCE COPIER FLEET MANAGEMENT SOLUTION AWARDED TO TECHNIFAX OFFICE SOLUTIONS IN THE ESTIMATED ANNUAL AMOUNT OF $83,787.24 FOR AN ESTIMATED THREE YEAR TOTAL OF $251,361.72). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for a high technology procurement for the rental of a copier fleet in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the proposed contract involves a high technology procurement because copiers will be linked to software and data processing equipment; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds 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 items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR ESTIMATED AMOUNT 3351 Technifax Office Solutions $251,361.72 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals 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 Proposal Invitations, Proposals, and related documents. SECTION 3. That should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, 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 Proposal and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. 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: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-RFP 3351 ~-tk- AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Tax ACM: Kathy DuBose .. SUBJECT Consider approval of tax refunds for the following property taxes: Name Reason Tax Year Amount 2. 2004 $ 508.58 4. Haxter-Fair 2004 6. Mortgage ServicesINicosia & 77 LP Duplicate Payment 2004 $ 1,090.35 BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $4,705.62. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: City Manager's Office CM/DCM/ACM: Michael A. Conduff, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Juneteenth Committee to support future Juneteenth celebrations; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: Council Member Pete Kamp requests her contingency funds be expended to help pay for the cost of the creation of signs to be used in future years for community awareness purposes for the Juneteenth festival. The total amount requested is $250.00. RECOMMENDATION Staff recommends approval of this ordinance ratifying the agreement between the City and the Juneteenth Committee for the use of funds to supplement the cost of creating signs to enhance community awareness of the annual festival. PRIOR ACTIONIREVIEW (Council. Boards. Commission) None FISCAL INFORMATION The contingency fund expenditure request is for $250.00. Respectfully submitted: ~U~ Betty W. i~s Director, Management and Public Information Prepared by: ~~fjo~ cf11-e/('/l{i(,fff} Michelle McCallum Management Assistant, City Council S:\QUT Documents\Ordinances\05\Juneteenth Celebration.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AU1HORIZING AND RATIFYING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE JUNETEENTH COMMITTEE TO SUPPORT FUTURE JUNETEENTH CELEBRATIONS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Juneteenth Committee (the "Organization") sponsors and organizes the Juneteenth celebration in the City of Denton, Texas including live entertainment as part of the event; and WHEREAS, the City Council finds that it is in the public interest to help support this community event; and WHEREAS, the City Council of the City of Denton hereby finds that the Program and the agreement between the City and the Organization attached hereto and made a part hereof by reference (the "Agreement") serve a municipal and public purpose including promotion of a significant historical and cultural event in Denton, and positive promotion of the City of Denton to others outside of the City is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The fmdings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The Agreement is hereby approved and ratified and the City Manager, or his designee's execution of the Agreement is hereby ratified. All expenditures authorized by the Agreement are also ratified and approved. 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: EDWIN M. SNYDER, A ORNEY BY: AGREEMENT This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and "Juneteenth Committee", a non-profit organization, hereinafter referred to as "Organization"; WHEREAS, City has determined that the Organization will perform an important public service for the residents of Denton without regard to race, religion, color, age or national origin by providing for events such as the Juneteenth Celebration which helps promote and celebrate an important historical and cultural event, brings recognition to worthy citizens, and promotes the City of Denton to others by its favorable publicity; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: Monies may be used to help pay for the cost and expenses directly related to the creation of signs to be used in future years for community awareness purposes during the event, held in June of every year. Monies are not to be used to pay overhead or salary of any individual connected with the event or for the travel and entertainment expense of any individual connected with the event. 2. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: A. The funds provided for in this agreement shall only be expended for the purposes set forth in Article I above, subject to Section 4.A. and for no other purpose. B. The Organization shall expend the funds in a manner that will allow for a tracing of funds and a review of the specific expenditures for which the funds were utilized. C. The Organization shall permit authorized officials of City to review its books at any time. D. The Organization will reduce to writing all of its rules, regulations, and policies and file a copy with City Manager's office along with any amendments, additions, or revisions whenever adopted. E. The Organization shall not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. S:\OUT Documents\Contracts\05\Juneteenth Celebration Agreement.doc 1 F. As funds are expended, the Organization shall provide documentation in the form of cancelled checks and corresponding receipts detailing expenditure. G. The Organization shall appoint a representative who will be available to meet with City officials when requested. H. The Organization shall indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. I. The Organization shall submit to City copies of year-end audited financial statements. 3. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: August 22, 2005 to September 30, 2005 unless the Agreement is sooner terminated under Section 7 "Suspension or Termination". 4. PAYMENTS A. PAYMENTS TO ORGANIZATION. City shall pay to the Organization the sum of $250.00 to be used solely for the purposes set forth in Section 1 above. B. EXCESS PAYMENT. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organization; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. C. DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance City hereby reserves the right to reappropriate or recapture any such under expended funds. If City finds that Organization is unwilling and/or unable to comply with any of the terms of this Agreement, City may require a refund of any and all money expended pursuant to this Agreement by Organization, as well as any remaining unexpended funds which shall be refunded to City within ten working days of a written notice to Organization to revert these financial assets. The reversion of these financial assets. shall be in addition to any other remedy available to City either at law or in equity for breach of this Agreement. S:\Our Documents\Contracts\05\Juneteenth Celebration Agreement.doc2 D. AGREEMENT CLOSE OUT. Organization shall submit the Agreement close out package to City, together with a final expenditure report, for the time period covered by the last invoice representing final expenditure of funds under this Agreement, within fifteen (15) working days following the close of the Agreement period. Organization shall utilize the form agreed upon by City and Organization. 5. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Until such time as all disbursed funds have been expended and all document submissions are complete, the Organization agrees to submit quarterly financial statements in July, October, January, and April. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Quarterly financial reports shall be submitted to the City within 15 working days after the quarter has been completed. E. An explanation of any major changes in program services. F. To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. G. Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. 6. DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and S:\OUf Documents\Contracts\05\Juneteenth Celebration Agreement.doc 3 a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of approval. 7. SUSPENSION OR TERMINATION A. The City may terminate this Agreement for cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. B. The City may terminate this Agreement for convenience at any time. If the City terminates this Agreement for convenience, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount that bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. 8. EOUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. 9. WARRANTIES ORGANIZATION represents and warrants that: S:\Our Documents\Contracts\05\Juneteenth Celebration Agreement.doc4 A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization. C. No litigation or legal proceedings are presently pending or threatened against Organization. D. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. E. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 10. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization cannot significantly change the nature, intent, or scope of the program funded under this Agreement without the prior written approval of the City. C. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. S:\Our Documents\Contracts\05\Juneteenth Celebration Agreement.doc 5 D. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. E. Organization shall notify City of any changes in personnel or governing board composition. F. It is expressly understood that the transfer of funds between or among programs of the Organization will not be permitted. 11. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees. 12. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use hislher position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. S:\OUT Documents\Contracts\05\Juneteenth Celebration Agreement.doc 6 13. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. 14. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: CITY ORGANIZATION City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Juneteenth Committee Attention: Jackie Sasser 1300 Wilson Street Denton, Texas 76205 Phone: 940.349.8575 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 15. MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in anyone or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. S:\Our Documents\Contracts\05\Juneteenth Celebration Agreement.doc 7 D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible for matters of compliance, will have the final authority to render or to secure an interpretation. F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of ,2005. CITY OF DENTON, TEXAS BY: MICHAEL A. CONDUFF,CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: S:\Our Documents\Contracts\05\Juneteenth Celebration Agreement.doc 8 ATTEST: BY: ORGANIZATION SECRETARY S:\Our Documents\Contracts\05\Juneteenth Celebration Agreement.doc 9 AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Planning and Development Jon Fortune, Assistant City Manager P ACM: SUBJECT Consider adoption of an ordinance amending the Development Review Fee Schedule for minor amendments to planning application fees. (SI05-0017) BACKGROUND The last major overhaul of the development review fee schedule, with the exception of the new engineering fees, was done in 1999. This set of amendments aims to capture fees for applications for which there was no specific item on the fee schedule and for consistency in notification fees. The Council discussed these amendments in work session on July 19,2005 and directed the staff to eliminate the proposed fee for Environmentally Sensitive Area Assessments and to consider bringing that back at a later time. That amendment has been accomplished. A. Fees for Processin2 and Reviewin2 Not Shown on Current Fee Table This proposal to amend planning fees does not propose any amendments to the maj or fees currently charged by the City of Denton; therefore, the preliminary and final platting fee (for planning) as well as the zoning fees are not proposed to be changed at this time and have not been amended since 1999. In a survey of several cities in the Metroplex, staff found that other cities do not have the equivalent of an alternative development plan or general development plan or environmentally sensitive areas analysis or gas well plat, although three cities are currently drafting gas well ordinances. For the majority of the fees in Table 1 below, fees have been interpolated by staff and charged over the last several years. For example, for an alternative development plan (which is treated like a zoning case but which was not a fee specified on the Fee Ordinance), staff charged the "zoning fee". This amended ordinance sets forth "Alternative Development Plan" as a specific fee so that the fee amount is clear and that the authority for the fee is now clearly in place. Staff is continuing to monitor the current fee schedule and with upcoming improved cost of service data may consider recommending other fee changes. I Table 1. Fee Classification Proposal I 1. Amendment to gas well plat 2. Zoning Verification letters: adding certificate of occupancy, subdivision, violation and expedited review 3. Amendment to specific use permit 4. Overlay District 5. Alternative Development Plans 6. Historic Conservation District 7. Tree Mitigation 8. Local Permit 9. Copies 10. Maps 11. Review of applications not associated with plats or rezoning B. Fees for Notifications to achieve consistency The city currently charges notification fees (cost of newspaper publishing and postage) on zoning, residential replat, and ZBA variances, for example, but they are not explicitly set forth in the current fee schedule. These amendments would specifically add notification fees (newspaper publishing and postage) to the fee schedule for the following applications: annexation, amending plat and replat, board of adjustment variance, overlay district, amendment to specific use permit, comprehensive plan amendment, zoning change, extension of a specific use permit, amendment to a specific use permit, planned development detail plan amendments, historic landmark and conservation districts, and special exceptions requiring Council approval, will be charged. The notification fees are charged in order to recover the cost of newspaper advertising and postage and should equitably be charged to all applications for which notice is required in either the state law or the Denton Code. C. Deleted Fees The deleted fees are based on an interim ordinance that is no longer in place and on PD's; since new PD's were eliminated in 2002, this fee is proposed for elimination. 1. Planned Development District Detail Plan 2. Zoning Plan (Interim Ordinance) 3. Proj ect Plan (Interim Ordinance) 4. Design Plan (Interim Ordinance) D. Ri2ht of Wav Fees Right of way staff polled several surrounding cities concerning their right of way fees. Most of the towns smaller than Denton had no processing fees and rarely processed abandonments. (See Table 2, below.) The City of Fort Worth charges $300.00 for easement abandonment processing and $500.00 for street right-of-way abandonments plus fair market value. The City of McKinney charges $100.00 for any type of abandonment application, while the City of Frisco charges $100.00 for easement abandonment. The City of Irving charges a $150.00 abandonment application fee. Cities that do not charge application fees for abandonments include Carroll ton, Piano, and Farmer's Branch. The City of Dallas seems to be the most progressive city in recapturing staff costs to process real estate related transactions. Dallas has a very detailed process established for abandonments, and leasing/licensing their public right-of-way. For easement abandonments they charge a $2,500.00 non-refundable application fee and a $50.00 recording fee. If the area to be abandoned is a street, alley or storm water management area, then the applicant must provide an additional $2,500 appraisal fee, any excess to be applied to the actual purchase price of the subj ect abandonment tract. For right-of-way use agreements/license agreements they charge a $750.00 application fee plus a $50.00 recording fee. Table 2. Existin2 Ri2ht of Way Fees 2005 City* Abandon Easement Fee Abandon Street Fee Dallas $2500 $2500 (for appraisal) Fort Worth 300 500+ fair market value McKinney 100 100 Irving 150 N/A Frisco 100 N/A Denton 0 0 *Cities not charging this fee include Carrollton, Piano, and Farmers Branch. Source: Denton Staff Survey, 2005 On a very simple easement abandonment Denton staff usually spends about 10-15 hours of staff time. Most abandonments are not simple especially if there are utilities to be relocated in conjunction with the easement abandonment. Right-of-Way Use Agreements and Street Right- of-Way Sales are more complex and sometimes require more staff time. (First StreetINayfa is a good example.) The ROW fee structures, as proposed, will not cover the City's cost to process any of the transaction types, although our goal was to try to capture about 50% of the cost on average. These fees are reasonable enough to afford smaller tract owners who have title/easement issues to be able to obtain reasonably priced solutions for their properties. The right of way fee proposal is contained in the attached ordinance. A two-tiered process in envisioned for City staff to undertake a request that applies to City owned real estate and land rights. The initial application requires some due diligence on an internal level to determine if there is staff support of the desired outcome by the applicant. If there is a positive staff recommendation for the application, then the request can be taken forward upon the receipt of the published processing fee. If there are technical or legal circumstances that exist or financial thresholds that cannot be eclipsed by either the applicant or other entities involved, then the course of action ceases with nominal financial impact to the applicant. E. New Fee A fee for all reviews (on plats) beyond the first two is added to track the engineering review process in which the City is seeking high quality first submittals from applicants. Future Fees The Planning and Development Department continues to evaluate the current fee structure. Cost of service data is being collected and will be evaluated to determine in additional fee increases are warranted. OPTIONS 1. Adopt the ordinance. 2. Deny the ordinance. 3. Table the ordinance and seek additional information. PRIOR ACTIONIREVIEW (Council) Council adopted fees for engineering development review at its June 21,2005 meeting. Council discussed the proposed revisions at its July 19, 2005 work session and directed staff to provide an ordinance to adopt the proposed fee changes. ATTACHMENTS 1. Fee Schedule Ordinance Respectfully submitted by ~~ Kelly Carpenter, AICP Planning and Development Director S: \Our Documents\Ordinances\05\Planning Development Review Fee Schedule Change. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF FEES CONTAINED IN ORDINANCE 2004-060 BY ADOPTING A NEW PLANNING DEVELOPMENT REVIEW FEE SCHEDULE AS AUTHORIZED BY THE DENTON DEVELOPMENT CODE FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES, SPECIAL EXCEPTIONS OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR A REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has been presented with anew Planning Development Review Fee Schedule which is attached hereto and made a part hereof as Exhibit "A" (the "Planning Fee Schedule"); and WHEREAS, the City Council finds that the fees imposed by the Planning Fee Schedule are in the public interest and do not exceed the reasonable cost to the City in providing the review of the applicable development applications; 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. Ordinance 2004-060 is hereby amended by the adoption of the Planning Fee Schedule for all purposes and authorized to be imposed for the filing of applications, review, approval, grant or issuance of plats, plans, permits, licenses, certificates, variances or designations required by the Subdivision Rules and Regulations and Zoning Regulations set forth in the Denton Development Code. SECTION 3. This ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas herebydec1ares it would have enacted such remaining portions despite any such invalidity. SECTION 4. This ordinance shall become effective immediately after its passage and PAGE 1 S:\Our Documents\Ordinances\05\Planning Development Review Fee Schedule Change.doc approval. PASSED AND APPROVED this the _ day of EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWINM. SNYDE TY ATTORNEY BY: PAGE 2 . 2005. <' ~ ' <~ \ "l\-~ ~~ . +~, ^ < <, , :$". ..} PLANNING AND DEVELOPMENT DEPARTMENT City Hall West - 221 N Elm - Denton, Texas 76201 voice: (940) 349-8350 fax: (940) 349-7707 www.citvofdenton.com EXHIBIT A Development Review Fee Schedule (Amended July 2005) 2 Preliminary or Final Conveyance or Development Plat SF & 2F: $200 + $6/10t All Others: $200 + $10 1 acre Residential: <10 lots: $200 + $6 /lot Residential: >10 lots: $300 + $10 /lot Nonresidential: $300 + $151 acre $250 (+ Notification Fees) $300 + $6 1 acre $250 $100 $250 $100 + $15/acre 3 Preliminary or Final Plat 4 Amending Final or Amending Preliminary Plat 1 Replat 5 Minor Plats 6 Each additional review beyond the second review for all types of plats 7 Extension of Time for Plat 8 Vacation of Plat 9 General Development Plan 10 Gas Well Plat 11 Amendment to a Gas Well Plat 12 Watershed Protection Permit 13 Gas Well Inspection Fee 14 Tree mitigation as required per S 35.22.8.c.iii $200 + $6 1 acre $250 $1,300 per well $1,200 per well $125 per inch 17 Zoning Verification Letter $ 25 per zoning request per site $ 25 per Certificate of Occupancy request per site $ 25 per Subdivision request per site $ 25 per Violation request per site Fees are doubled if 24 hour response is requested. $750 (+ Notification Fees) 0- 5 acres: $1,500 5 +- 25 acres: $2,000 25 +- 50 acres: $3,000 50 + acres: $4,000 + $101 acre (+ Notification Fees) 0- 5 acres: $850 5 +- 25 acres: $1,250 25 +- 50 acres: $2,000 50 + acres: $2,000 + $101 acre (+ Notification Fees) $250 (+ Notification Fees) $1,500 + $651 acre $250 + additional $100 if processed administratively (+ Notification Fees) $250 $1,000 + $251 acre (+ Notification Fees) $250 + additional $100 if processed administratively (+ Notification Fees) $250 $ 500 (+ Notification Fees) 18 Annexation Petition 19 Comprehensive Plan Amendment 20 Zoning Change (includes PO Concept Plans) and Alternative Site Plan 21 Overlay District 22 Specific Use Permit 23 Amendment to Specific Use Permit 24 Extension of Time for Specific Use Permit 25 Planned Development District: Detailed Site Plan 26 Planned Development District Detailed Site Plan Minor Amendment 27 Planned Development District Detailed Site Plan Time Extension 28 Special Exception requiring City Council action <' ~ ' <~ \ "l\-~ ~~ . +~, ^ < <, , :$". ..} PLANNING AND DEVELOPMENT DEPARTMENT City Hall West - 221 N Elm - Denton, Texas 76201 voice: (940) 349-8350 fax: (940) 349-7707 www.citvofdenton.com EXHIBIT A Development Review Fee Schedule (Amended July 2005) 29 Non-Single-family Site Plan Review (including landscaping and architectural review) $0.03 per square foot of proposed building with a $50 Minimum and not to exceed $1,500 0- 5 acres: $400 5 +- 25 acres: $600 25 +- 50 acres: $1,000 50 + acres: $1,000 + $51 acre 30 Alternative Development Plans (includes Alternative Landscape Plans 35 36 37 38 Current Postal Rate for Certified Mail + $.055 - each Current Postal Rate for First Class Mail - each $65 each $100 each Annexation - $350 Zoning - $70 39 Public Hearing Legal Notice for Property Owners within 200 feet Public Hearing Courtesy Notice for Residents within 500 feet Public Hearing Sign - 2'X3' for road frontages of 45 or less mph Public Hearing Sign - 3'X4' for road frontages of 45+ mph Publication Fees (Public hearing notices, ordinance publications and annexation descriptions) 40 41 42 43 $100 Application Feel$750 processng fee $100 application and $500 processing $100 application and $750 processing fee $100.00 application and $500 processing fee $100 and $500 processing fee Street 1 Alley 1 ROW Abandonment Request Easement Abandonment Request ROW Use Agreement Request Easement Encroachment Agreement Request 44 Request for Easement on City Property 47 8 Y, x 11 = $0.101 copy 11 x 17 = $0.25 1 copy 24 x 36 = $61 copy 36 x 36 = $71 copy 36 x 48 = $81 copy 8 y, x 11 = $5 1 copy 11 x 17 = $101 copy 24x36=$12/copy 36 x 36 = $1 4 1 co py 36 x 48 = $1 6 1 co py $30.00 per hour ($30.00 min) $200 Black and White Copies 48 Color Copies 49 50 Preparation of custom maps Water - Sewer - Drainage map books NOTE: The notification fees for items #'s 4,16,18,19,20,21,23,25,26,28,33, and 34 will be collected at least five days in advance of mailings and sign postings. Failure to pay fees will result in removal from scheduled agenda. AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Utilities Howard Martin, 349-8232 .. ACM: SUBJECT Consider the adoption of an Ordinance approving a Real Estate Contract between Mayhill Denton, L.P., as Seller and the City of Denton, Texas as Purchaser for a tract ofland consisting of approximately 3.676 acres located in the Gideon Walker Survey, Abstract No. 1330, in the City of Denton, Denton County, Texas; authorizing the expenditure of funds and providing an effective date thereof. (The Public Utilities Board recommends approval by a vote of 5-0.) BACKGROUND This request is for the approval to purchase a 3.676-acre tract of land adjacent to the existing 1.719 acre Pockrus Electric Substation. The proposed land purchase will provide the necessary land for the current expansion of the Pockrus Electric Substation, and also will provide room for future electric transmission needs. The Public Utility Board recommended this item for approval on August 8, 2005 (5-0). The proposed Earnest Money Contract is in the City's standard format, with the seller paying the cost of title, survey, and one half of the standard and customary closing costs. The City will provide $5,000 in earnest money upon City Council approval of the contract. The City has a 30- day inspection period to perform due diligence studies. The closing is set for October 31, 2005, at the seller's request. The purchase price is $725,000 for the 3.676 acres. OPTIONS 1. Approve the Real Estate Contract 2. Propose other terms of purchase 3. Not approve the purchase and accept the reliability risk RECOMMENDA TION DME recommends approval of the Real Estate Contract ESTIMA TED SCHEDULE If the Contract is approved, the closing is scheduled for October 31, 2005 (at the Seller's request). PRIOR ACTIONIREVIEW (Council, Boards, Commissions) PUB unanimously recommended approval on August 8,2005. FISCAL INFORMATION Purchase Price of $725,000.00 plus an estimated $2,500.00 for standard and customary closing costs. BID INFORMATION Not applicable EXHIBITS 1. Ordinance All Agenda materials were forwarded to the City Council for consideration during Closed Session on this date. Respectfully submitted, .. II III! Sharon Mays Director of Electric Utilities Electric Administration Paul Williamson, Real Estate Manager S:\Our Documents\Ordinances\05\Mayhill Denton Real Estate Contract Ord.pdf.DOC ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN MAYHILL DENTON, L.P., AS SELLER AND THE CITY OF DENTON, TEXAS AS PURCHASER FOR A TRACT OF LAND CONSISTING OF APPROXIMATELY 3.676 ACRES LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Real Estate Contract attached hereto and made a part hereof by reference (the "Contract") is hereby approved. The City Manager or his designee is hereby authorized to execute the Contract on behalf of the City and to carry out the City's rights and duties therein, including the expenditure of funds provided therein. SECTION 2. 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 FORM: EDWINM. SNYDER ~ ATTORNEY BY: EXHIBIT 1 AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Utilities Howard Martin, 349-8232 .. ACM: SUBJECT Consider the adoption of an Ordinance approving a Real Estate Contract between the City of Denton, Texas and the Harriel Group, Westover Residential Company, Ltd., and Preserve I Development, LLC. for the partial abandonment of a public utility easement recorded in Volume 4654, Page 00483 of the Real Property Records of Denton County, Texas and being located in the Gideon Walker Survey, Abstract 1330 (Preserve Apartments - Shady Shores Road). (The Public Utilities Board recommends approval by a vote of 5-0.) BACKGROUND This request is for the approval to partially abandon an easement that extends approximately 400 feet into the proposed building site of the Preserve Apartments. The Preserve Apartment development is located approximately 100 feet northeast of the intersection of Shady Shores road and the Rail Trail. The developer has agreed to pay DME for the partial release of the easement and to compensate for reworking the existing electric facilities. The Public Utility Board recommended this item for approval on August 22,2005 (5-0). OPTIONS 1. Recommend that the City Council approve the proposed easement abandonment 2. Do not recommend that the City Council approve the proposed easement abandonment 3. Table for future consideration RECOMMENDA TION DME and the City Real Estate and Capital Support staff recommends approval of this agreement. ESTIMA TED SCHEDULE If the City Council approves the abandonment the paperwork will be processed following the approval. PRIOR ACTIONIREVIEW (Council, Boards, Commissions) PUB unanimously recommended approval on August 22,2005. FISCAL INFORMATION $14,712.16 payment to DME by the Developer for the partial easement release and the re-work of the existing DME facilities. BID INFORMATION Not applicable EXHIBITS 1. Ordinance All Agenda materials were forwarded to the City Council for consideration during Closed Session on this date. Respectfully submitted, 111:[1:111: .................................................................. Sharon Mays Director of Electric Utilities Electric Administration Paul Williamson, Real Estate Manager ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE HARRIEL GROUP, WESTOVER RESIDENTIAL COMPANY, LTD., AND PRESERVE I DEVELOPMENT, LLC. FOR THE PARTIAL ABANDONM:ENT OF A CERTAIN PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 4654, PAGE 00483 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE . CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (pRESERVE APARTMENTS - SHADY SHORES ROAD) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Easement Abandonment Agreement between the City of Denton and the Harriel Group, Westover Residential Company, Ltd., and Preserve I Development, LLC in substantially the form of the agreement attached hereto and made part of the ordinance for all purposes (the "Agreement") is hereby approved. SECTION 2. The City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City. 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: EDWINM" S~Y AITORNEY BY:~ EXHIBIT 1 AGENDA INFORMATION SHEET AGENDA DATE: September 6,2005 DEPARTMENT: Parks and Recreation ACM: Howard Martin, Utilities 349-8232 .. SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of a church musical revival, "One Voice, One Sound" sponsored by St. Emmanuel Missionary Baptist Church on Sunday, September 25th in Fred Moore Park. The exception is specifically requested for an exception of hours of operation on Sundays for an outdoor music festival. BACKGROUND One Voice, One Sound is a church musical revival event open to all church groups and the general public. The event will be held on Friday, September 23 through Sunday, September 24th. The hours will be from 6:00 p.m. to 9:30 p.m. Amplified sound will be used for both music and public announcements. PRIOR ACTIONIREVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None EXHIBITS 1. Request letter from Earl Garden with St. Emmanuel Missionary Baptist Church Janet Fitzgerald Director of Parks and Recreation Prepared By: ~"""~'~:' ".'""",m:"" Janie McLeod Community Events Coordinator 1 AGENDA INFORMATION SHEET AGENDA DATE: September 6,2005 DEPARTMENT: Parks and Recreation ACM: Howard Martin, Utilities 349-8232 .. SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the 8th Annual Denton Bluesfest 2005 music festival, sponsored by the Denton Black Chamber of Commerce. The event will take place at the North Texas Fairgrounds on Saturday, September 17, 2005, from 4:00 p.m. to 12:00 a.m. The exception is specifically requested for an increase in the decibels to 70 and for an exception of hours of operation for an outdoor music festival. BACKGROUND Elihu Gillespie, Chairman of the Denton Black Chamber of Commerce has requested an exception to the Noise Ordinance and expects to have 2,500 people in attendance to hear conventional Blues with national and local Blues artists performing. Proceeds from this event will be used to help their annual scholarship and Young Minority Entrepreneur Program. Amplified sound will be used for both music and public announcements. PRIOR ACTIONIREVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None EXHIBITS 1. Request Letter from the Denton Black Chamber of Commerce Janet Fitzgerald Director of Parks and Recreation Prepared By: ~m~~ Janie McLeod Community Events Coordinator 1 AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Electric Utility .. ACM: Howard Martin, 349-8232 SUBJECT Consi der adopti on of an Ordinance of the City of Denton, Texas, authorizing the City Manager to pay the City's Annual dues to the Texas Public Power Association; authorizing the expenditure of funds therefor; providing an effective date. (The Public Utilities Board recommends approval by a vote of 5-0.) BACKGROUND TPP A is an association of Texas municipal electric utilities, co-operatives, and the Lower Colorado River Authority. City Manager Mike Conduff serves as Denton's representative on the TPP A Board. RECOMMENDA TIONS Approve payment of the TPP A annual dues. FISCAL INFORMATION The cost of TPP A annual dues is $31,293.59. EXHIBITS 1. Ordinance Sharon Mays Director of Electric Utilities 1 ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PAY THE CITY'S ANNUAL DUES TO THE TEXAS PUBLIC POWER ASSOCIATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has considered and approved the payment of the City of Denton, Texas annual dues, now due and owing, to the Texas Public Power Association ("TPP A"), an association of municipal electric utilities and cooperatives in the State of Texas, in the amount of $31,293.59 in order to maintain membership and to continue receiving the benefits of being a member of the organization; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager shall pay the sum of $31,293.59 directly to the Texas Public Power Association, for annual dues for the current accounting period. SECTION 2. That the expenditure of funds as herein provided is hereby authorized. SECTION 3. 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: EDWIN M. SNYDER, CITY ATTORNEY WtJiMffD By: S :IOur DocumentslOrdinancesl051 TPP A 2005 Payment of Dues ord.doc EXHIBIT 1 1 2 3 4 5 CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA FOR AUGUST 22, 2005 9:00 A. M. DRAFT 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 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, August 22,2005 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, John Baines, Bill Cheek, Phil Gallivan, Charldean Newell, EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM. /Utilities Excused: Dick Smith George Hopkins ITEMS FOR INDIVIDUAL CONSIDERATION 4) Consider approval of payment of Texas Public Power Association (TPP A) annual dues in the amount of $31,293.59. Mike Conduff, City Manager presented this item. Conduff reported that he serves as Denton's representative on the TPP A Board and recommends payment of the annual dues. Conduff explained that participation on this Board gives Denton a voice at the decision making table as it relates to electric utility matters. Conduff acknowledged to the Board that the payment of $31,293.59 seems expensive, but staff feels that the benefit gained from being apart of this organization is worth the cost. Bland asked what was last year's payment. Mays responded that last year's annual payment was approximately $27,000. Gallivan asked how may members are on the Board. Conduff responded that there are 17 board members allocated by the size of their respective organizations. There is also an Executive Board, but currently, the City of Denton does not have a representative on the Executive Board. Bill Check stated that it maybe beneficial to have a City of Denton representative on the Executive Board. Bland moved to approve with a second from Board Member Baines. The motion was approved by a vote of 5 to O. Page 1 of 1 EXHIBIT 2 AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Fiscal Operations ACM: Kathy DuBose .. SUBJECT Hold a Public Hearing on a proposal to adopt a tax rate of .60815 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate. BACKGROUND In the Friday, August 5, 2005, Reading File, staff provided Council with a copy of the required notice of effective tax rate calculation that would be published in the Sunday, August 7, Denton Record-Chronicle. Municipalities are required to publish their rollback tax rates in the newspaper, along with the effective tax rate and other required schedules. The rollback tax rate divides the overall property taxes into two categories-maintenance and operations (M&O) taxes and debt service taxes. By law, the rollback rate for taxing units is set at an eight percent (8%) increase in operating (M&O) taxes. The effective tax rate is generally the property taxes divided by the current year's taxable value of properties that were on the tax roll in both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes the current taxable value of new properties (growth). The City of Denton's effective rate is $.57809/$100 valuation and the rollback rate is $.62375/$100 valuation. The Texas Property Tax Code mandates specific publications to be provided by the City. The code specifies that "When a proposed rate exceeds the lower of the rollback rate or the effective rate, the taxing unit's governing body must vote to place a proposal to adopt the rate on the agenda of a future meeting as an action item." Senate Bill 18 was passed during the 79th Regular Session of the Texas Legislature. One of the new requirements of this bill is that two public hearings must be held on proposed tax increases, with the second hearing occurring at least three days after the first. The proposed 2005-06 budget includes a .60815 tax rate and exceeds the effective tax rate; therefore, it requires two public hearings. ESTIMA TED SCHEDULE 8/16/05 9/06/05 9/13/05 9/20/05 Vote to Place Proposal on Future Agenda Hold First Public Hearing Hold Second Public Hearing Adopt Tax Rate Agenda Information Sheet September 6, 2005 Page 2 PRIOR ACTIONIREVIEW On August 8 and August 16, 2005, Council met and discussed the tax rate. FISCAL INFORMATION The proposed property tax rate is $.60815/$100 valuation for the 2005-06 proposed budget. EXHIBITS Notice of Public Hearings ~Res.pectfullAY s~b~mit~ed: : ~ ; .', ", \:.L-",_ - ~ :" . t '"0 ~ I ~ . _ -_ _ __ ;iII~. ,.,. Diana G. Ortiz Director of Fiscal Operations Notice of Public Hearing on Tax Increase Last year, the City of Denton property tax rate was $.59815 per $100 valuation. That rate raised $26,168,727, a portion of which was used to fund operations such as: - Police Services - Fire/EMS Services - Street Maintenance - Parks and Recreation - Library Services - Payment of Debt Obligations - Permitting/Inspection - Animal Control This year, the City of Denton is proposing a property tax rate of $.60815 per $100 valuation. That rate would raise $29,126,595, which is $2,957,868 more than taxes imposed last year. There will be two public hearings to consider that increase. The first public hearing will be held on September 6, 2005, 6:30 p.m. at City Hall, Council Chambers, 215 E. McKinney St., Denton TX. The second hearing will be held on September 13, 2005, 6:30 p.m. at City Hall, Council Chambers, 215 E. McKinney St., Denton TX. You have a right to attend the hearings and make comments. You are encouraged to attend and make comments if you wish. AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Management and Budget ACM: Kathy DuBose SUBJECT Hold a public hearing and receive citizen input on the 2005-06 proposed budget. BACKGROUND City Charter and State Law require that prior to budget adoption, a public hearing be conducted to allow citizens the opportunity to provide input on the proposed budget. The required notice has been published and a public hearing has been scheduled as required. PRIOR ACTIONIREVIEW (Council, Boards, Commissions) The proposed budget was delivered to City Council on July 30, 2005 and was discussed at budget workshops held on August 8,2005. FISCAL INFORMATION The proposed 2005-06 budget totals $359,119,000 in estimated resources and $357,463,116 in estimated expenditures. Respectfully submitted: Kathy DuBose Assistant City Manager AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT - Z05-0007: (Classic Mazda) Hold a public hearing and consider adoption of an ordinance regarding an amendment to the Detailed Plan for Planned Development 12 (PD-12) zoning district for approximately 1.775 acres. The subject property is generally located 1,100 feet northwest of Lakeview Boulevard and I-35E frontage road intersection. The Planning and Zoning Commission recommends approval (5-1). BACKGROUND Applicant: Speed Fab-Crete Corporation Fort Worth, TX The applicant is requesting to amend PD-12 for site plan changes to allow the construction of an auto dealership. Public notification information is provided in Attachment 3. As of this writing, staff has received no responses from property owners within 200 feet of the subject site. OPTIONS 1. Approval as submitted. 2. Approve with conditions 3. Deny 4. Postpone consideration. 5. Table item. RECOMMENDA TION The Planning and Zoning Commission recommends approval (5-1) PRIOR ACTIONIREVIEW This planned development was adopted in 1986 and has had several amendments. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Publi c N otifi cati on (Property Owner N otifi cati on Map) 4. Site Photos 5. Site Plan 6. Letter of Intent 7. P&Z Minutes of July 27, 2005 8. Ordinance Prepared by: ~~ Lori Shelton Planner II Respectfully submitted: ~~ Kelly Carpenter, AICP Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary of Zoning Request The applicant is requesting the approval of a Detailed Plan for Planned Development 12 (PD-12) zoning district for approximately 1.775 acres, generally located 1,100 feet northwest of Lakeview Boulevard and I-35E frontage road intersection. Existing Condition of Property The property is currently undeveloped. Adiacent zoning and land uses. North: South: East: West: Interstate Highway 35 West City of Corinth Interstate Highway 35 West Planned Development 12 (PD-12) (developed commercial) Comprehensive Plan Analysis The subject site is located within a "Regional Mixed Use Center" future land use area. Regional Mixed Use Centers are intended to contain the shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. A regional activity center could contain developments such as a regional shopping mall, big box retail, superstores, restaurant and entertainment facilities, a high school or community college, and high-density housing. The request to amend PD-12 to allow the development of an auto dealership is compatible with the Future Land Use Plan (Regional Mixed Use Center) and with the surrounding zoning designations. The proposed planned development amendment is in compliance with the Denton Plan. Development Review Analysis Access and Capacity The property will be accessed from the 1-35 frontage road. The access will meet TxDOT standards. Public Infrastructure The city tile maps show an 8" water line that runs along 1-35 frontage road. Development Code / Zoning Analysis Staff asked the applicant to meet the standards and requirements of Regional Center Commercial Downtown (RCC-D). RCC-D allows auto dealerships in the Regional Mixed Use Center future land use category. The proposed amendment to the planned development meets those standards as well as other current development regulations. 3 ATTACHMENT 2 Maps NORTH LOCATION AND ZONING MAP FUTURE LAND USE MAP 2 ATTACHMENT 3 Public Notification Newspaper Notification Date: July 17, 2005 Percent of land within 200' in opposition: 0% 200' Legal Notices* sent via Certified Mail: 2 500' Courtesy Notices* sent via 151 Class Mail: 7 In Favor: 0 Opposed: 0 Neutral: 0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 3 ATTACHMENT 4 Site Photographs 4 View from 135 East frontage road looking southeast. ~ z ~~; ~;( 0" ATTACHMENT 5 Site Plan AMENDMENT TO PLANNED DEVELOPMENT (PD-12) - DET AILED PLAN (7!f;~ . CALLAHAN & FREEMAN "The" DESIGN - BUILD TEAM I I, tll' ;"10 ""oo=:;;~~~~_, 5 ATTACHMENT 6 Letter of Intent ~ Design - Build General Contractor Precast Concrete Manufacturer P.O. BOX 15580 FORT WORTH, TEXAS 76119 ~/;Ji.,.."..'.". Delivery: ' 1150 E. MANSFIELD HWY. KENNEDALE, TEXAS 76060 _,,~...'_N'~ f;nHjl,~~~Jll 817/478.) 137 ME:rRO 817/572-0351 FAX 8171561.2544 info @ speedfab-crete.com www.speedfab-erete.eam April 4, 2005 Ms. Deborah Viera Department of Planning City of Denton City Hall West 221 N. Elm Denton, TX 76201 Re: Classic Mazda Dear Ms. Viera: Weare pleased to submit our planned development amendment application for the project captioned above. Classic Lincoln-Mercury Mazda is presently located at 4984 South 1-35 in Denton. Mazda North American Operations requires a separate full service showroom and service facility to be built in order to retain the franchise. Our client has purchased the adjoining property to the south to accommodate the Mazda requirement. As previously discussed, this situation is unique in that the subject property is located in two cities, Corinth and Denton. The Mazda dealership will be located within the Corinth city limits, A used car building will also be built on the site which will be located within the Denton city limits. The Classic dealerships are located in Granbury, Arlington, Grapevine, and Denton. They are locally owned (Texas) and professionally managed. The Classic dealerships provide first class service with superior customer ratings. Mr. Richard Allen is owner and manager of the Lincoln-Mercury-Mazda store and will manage both Corinth and Denton properties, We respectfully submit this application for your consideration and approval. We look fonvard to working with the City during this application process. S/&~A.L Ronald A. Hamm Vice President RAH:lb ATTACHMENT 7 P&z Minutes, July 27, 2005 Conde:aseltlM ,... Page 5 Page 7 1 OJMMlSllI'CMlIl S1'IlANOO: we'n IlCIW JJlCM: to 1 Qty of Dmtcn? 2 our pabJle Jarlngs. 'Jb:; first p1lbIk: hcarbJe' tuIIlsbt is 2 MS. SBBLTON: Yes. alt. 3 I1l illDeDdmeat to IIle deCaiIed plaa for . PI8aned :3 00MMl98I0NIlR ROY. I _ to recall we had 4 Dewlupment 1'D-112XmlDg dIslrIct for llppl'OlIlme.tdy 5.155 4 . case - 5 lICRIII. Ms. Shmtnn. 5 MS. CARI'EHl1m: shady Shon:s. 6 ... SHIll.'la+. 1hmk ~ 'Jb:; tint "* , COMMISSlONRR KOY: shady Shores, lhat I 7 up hr.R; is !be: kacation map. 'I1IIs pt'OJlCl'ty ;s ~ on 7 thouaht we said we \WlI'C soiuB to improYe lhat or dmosc 8 Ibo borda' of DcuIoilIllld Corinth, lbo: JRlCU Iiuc lac llII 8 11m or do llOJl'ICIhiDg to try W bo II little bit mor\l 9 1hu display showI1hB city IlmIt Iinlla. Ta fIIlloorlbren 9 liiendly w our neighboring oommuni1ics. 10 Is 1- 3~ cat. Of warsc. III 1110 lIOU1!l Jlihu CIty of 10 COMMISSIONER STRANGE: MS. Carpemer. 11 Carludl, which Is ~ m;ll'O\lldootlal ~t, 11 M:\. CAlU'1lN'I1Il: Mr. a-imlllll, Mr. Roy, my 12 aod to IIIIl ~ Is IIIIl ClIdsIIns llUl:o ckBIlI8hIp wIIIeh 12 8llfF8lion wouId bo that lit the end of the Afp1da. under 13 Is :llIDlId ID-n. 13 future items that you cou1d ask us to bring that policy 14 ADd hc&o die r<:ma IDllp, -. shawl dlc 14 di&cas&ioa to the: Coanoil. I' subject lie asloellteclln 111: exI8dus I'D. '11>> I'Iaa= 15 COMMIlIS1ONBR STKANOE: okay. ADy other 16 lalld -= IIIIp shows the property willliu ~ 1Riml_ 16 qucstiol1s or SIIfl'1 Okay. 'Ibis is II public b.::aJinc. I 17 0CDU:r. Tbc propollCd lIlIIClIdmeDt to I'D-l1 to lIiIow an 8UIo 17 wW. DaW opetl the public hearing. Is the applicaDt here 18 dealcnbip lDCda all or lbc CIII'l'CIIt ~ IJlId 18 IIDd do they wish to speak? 19 I\lIDdards of1ht: xgionaI. ~ ~ downtuIm 19 MS. CAlU'EN'fER: .JUSt lay jt down. 20 zooms di8rrJct, whieh js t1:e :IOlliDg ~ !hat pcrmitf 20 MlI.. BAMY: DOCS it lay this way? 21 IIIIIlI dcalcnhips within 1M n:giooal mixed UBC ecaICr. :n us. CARPIlHTBR: FIa1. 22 ~ DIIIIBcadl:Jo IDIIp llbown hml, I waDI; 1lI1111Wllt ckm- 22 MR. 9AMM. As rill' lIS facing you thousb-? 23 that ooly the citizcat wilhill iIlc eity or Dcatoa. iIlc 23 US. CARPEN'I1!Il: It doosn't l1llItter. The 24 prtlplII'ty 0'WIIIll1I -1ltld6ed, ID It'sldad of IIlIllcadia8 24 camera is golDg to flgore It out. 2~ 10 the IIIIIlb. 2S MIl.. HAMM; La: me Ft a ILttlo bit -- I'm Pagel 6 Page 8 1 WcRU:ivcd llQ l-'Ci8pOll8Cl ill favor 01' ~ I PIS to 1ll1llm it ihu otbc8' WIlY. 2 011 this e&!JO. Thill ill . phgIograpb of 11m wbjcet 2 MlI.. ~ 'lboro)'QU jp. :3 propaty. AM Ibis It dlc IIIIICDded &call plan. I'm IlIEIY 3 Mlt. H/oMM, l!Y _ is Ron Hamm onI of RrI 4 IIIIl reproductiIln didn't tIlnlllll just rcel?dl. I did 4 Worth. Richard Allen. tho I'.IWIICr of ClaI81c Llnooln, S cobancc tho eity lImlt lIDo bc:tMm CorlaIb .00 DaIloD. . 5 ~, Mazda ;1 ou1 of ICWD on bllllllCll 8lld 0llIIId IlOl- bo 6 And I do lIliId 10 llIIIb 011& COII'CCIbI. . 6 lIll'e, &Dd, lbeNfon, I'm bit ~tllth,,,, 1ODJsbt. We 7 ealirulWl ill dID ~.1I11llnll. 0IIIy 1.67 IlCftlrlil 7 me dID dildp build scn:al COIlImetOl' for 8ll of tbc 8 IlCIOQlly In tho CJty of DmtoD. And)'Oll can IlCfllae !hat 8 Ousie family of deak:rlblpI. CIlIllllI 11M dIllIlI:nbips in 9 tho majxily of 1m dcakr$bip, lbo _ ear plll'lion ilia 9 0nperyIne, Clrtmdbm)o, Arlinpm. and. of -.nc. IIle 10 a.iutb IIIld tbc l'eIIl8indct it in lbtI CIty of DcIIIllII. ADd I 10 LilIeoln Mc::rcary Mazda. Iml in Dmfon. What brought lhls II lave 0DlI olbIr DlIla, 1bD CIy of CorlDIb'. PimmIIIs II11li 11 about is Mazda requlmt Iba dIcy have Ihdr (IWII xparao:; 12 2oni1l8 CaIIlIIlisslollIlXt Monday, thb Monday, July 1IIIl2Slh, 12 showrocma IJCI'Yiee: 0CDlict by tllII10Iime oeatt J'CllI'. 13 IUld VOIUl to tabIll iIlc reqDC8t l'iI' llIl $\lI' to alIaw tbc 13 They have 10 pull ouI of fhe Uocoln 14 dsImhip 011 1m Carlnlb portion. 14 Mctcury Showroom IUld bDiId tbeIr QWD f8cility Ill' da 15 ADd lhi8 lB8 bel:D fllbJed IIIIIiI. Avp8t 9dl. 15 dealer 10ses tbc Mazda fnmchi8e. Mazda has ll\lIlllD l'I7)' 16 ADd rn lIllSWllI' aoy qmnIoDI. 16 poplllIIr aad IIley can ask 1IIcsc klnd of cIcmandIIlKl1'o'8d8.ys. 17 COMMISSIONIlR lJfll/&NClB! AD}'(llIll haw 8DY 17 So, of roune, lhc OWDCl', he Iook:d at lhD 18 ~ of 8t&ftf Mr. Roy. 18 pmpc:rt)' 10 dlDlOIllh. n..... 8ll of ~ IIWlIIlIP IImd thal 19 CONMISSIONIlR mY. YCI. MI. S!dtlft. IIle 1!iI yoD OlIII.'t build llIIo 1IU be bought lhiI praprny - exaIlKI 20 .. )'W iDl&&dcd 1ba! only ihu ciIIzaIl or 1110 CIty of 20 DB, Iba property 10 file ad :is in IIle floodpIala. 21 Denton __ natified 01 dUll. 1& lbort 1lIIl' DllftIIIII 21 Pmperl;y to lbc lICIUlh ill wIifrt'l lIVIlilable here.. Bot u 22 pradil:.' 22 )'OIl e&al. lICIC, it blI!II . very odd .ltuatlllll. I'~ nm::r _ 23 MIl. SlELTOO: TbIIt ill tbe polley of tbe 23 a property Iioe l'tIll df8lQllBlly lIIrooab IllIlIelbiag liko Ibi. 24 City or DenIOII. 24 ~ Sllll'. pnRIllecl jtself with . prcIljy S(lQd. 25 ~ONER ROY. Tblt's dID polk:)' of dID 25 iaIaatlDg $i1uaticm. r. (\ PLANNlNO AND ZONING MINUTES JVLY 27.2005 Page 5 - Page 8 Page 9 Page II 1 He's buildhw two fad1idcs. He's 1 M8. CARPEN'J'ER: DllC8 1he request that you 2 building tho Mazda m:llity wh!ch Is an 1btl Qxin1b. tide 2 b&.ve pcading with Corinth go 10 the City Council III welt? 3 bec:rrIIso \W have more room. He'. building .. thil bulldlnJ 3 MR.!WoN yes., I have 10 go 10 City 4 here is' a pre-owned used car center. II is Ilia inside 4 CouIlCil.. S the C1IITCIlt dcaIcr8hlp. II needs to be polled out. It S MS. CAlU'BNTllR: YOU b&.ve III go to Coune.il 6 ma1.:=l it a bcUu profit Cfntcr, if it'. sIllllding on its 6 and P&Z7 7 own. 7 WR.H!oNM; YeS. It's scheduled for August 8 So what \W're prqlOIiug 1l;I do is to build 8 181l1. 9 the used car buildiDg 0l11hls 8DlII1llittlc triaagaIar 9 MS. CARPENT!!R: At the P & Z or the 10 pkce of property and work tIIIII iD there. ADd, you know, 10 Cow:Icl1'l II it's a sJluation that resUy, qaitl:l frankly, ~s about 11 MIl. BAMM: P & z is scheduled fur AlIgu5t 12 the only man CD Ibis p1IInot that oould mill)' dcvdop IhI& 12 9th. And 111m City Council in Corinth is scbWukd for 13 lln1e piece of property beclUSC and really bcnd'it from 13 A\.I8U8l18tb. 14 It being tho odd shape tIIIII it is and cvcrytbIng. 14 MS. CAlU'1lNTllR: okay. 'I'bIUIk)'01l. I'm 15 So our propelallD you and our l.'eqUeSt.1o 15 sorry. 16 yon is ltlllpJlnM'; this amendment lwi IddiDg this on 10 hill 16 CClMMISSIONE!B. STRANGE: okay. Anyone dse 17 exillling faclllty so that we cal go IIbout !he buline8s of 17 wlshlo 8peIIk in favor? Okay. Let me just remInd you If 18 bulldlDg lhis preowned buildiDg. .Any q\lI:IItiDDl I'D be 18 tbie is lbc first limo you've IUatdIllI. a PlaonJog and 19 glad hlllnB'M:I. 19 Zonillg O:mmission, 1beRl m I!IDmC 0l1lIIJIC cards. 'Ihy'rc 20 COMMIS!lIONl!R SI'RANOE.: DoaB anyone hIIvc any 20 located at tbo table. We'd uk if)'Oll wish ID sPW: OIl 21 qucstionlJ of !be IIppliellDt'l 21 IIny illlln lDDigbt thIIt you woukl fill oul - I say omnge, 22 CONMISSlONEK ROY: 'I1x:rc's DO sales tax on 22 I ye1Iow eard balm lit 1hc table, and you fiU chat out 23 .. city sales tal( OR OIUS, rigbt'1 23 and hand it in 10 1be from. and 1hr:n we will call you hl 24 Mll. H.\NM: 1'hIIt is eorrcct, It is on 1hc 24 1hll podium fer)ltlUr turD ltl speak. We do bave pcop}.1: - 25 service business, the pIIrts business. Aad lba1's who gets 25 let me ask agaiD. ainC'C we had ral9Cd bands - Is there Page 10 Page ] 2 1 the 18X, obviously, you gee 1110 ad vall:D'ottlBX. I anyone \Wo wisbea lD speak in favor of Ibis? 2. OOt.lMISSlONlll.ROY; Thauk)ml. 2 Okay. We do ImvCl peoplo who hllve sigJlcd up 3 MR. HAMM: we ha\'C gooc .. IIlltY I make a 3 that wish to speak in opposition. We have Lodc Burkhart. 4 mcnt!oI:l. too? Wc have trbI. to make a very big effort to 4 Ifyou'U oomo fcrward. and then 10hn Whltdcy, you'D be S silly wlibln the fl'cc: pl'CScnatJon ruhls aOO \WI have, as S lX\ll.t 10 speak, Ii you' n see on ycmr 1-1 dll:ti, I do beIicvo in 1bc packase 6 MS. BURXHART: Hello. I've lOt SOUle 7 that \WI have met tbc requil'CDlCDt as far liS 1110 acquired 7 1widouI8. 8 inches llIId everything. This is . very lCUgh pia::c, of 8 COMMfSSlONBR S'lRANlJE: If you would pkasc 9 property, II: s10pcs almost IbOl1t 28 _Iitm hm:l down 9 ~ us your IllltnC and your address as you . your 10 10 the crc:ck. And so it's a wry UlIUS1111I piccCl or 10 prc8CIllltIfon, plcalCl, 11 property, one thai: quite &anldy is going to COlt a lot of 11 MS. BlJRJ',;BAR'll' okay, My DIlDC is Looo 12 DIlXIe)' to deNeIop. 12 Burkhart. IIlvc 111 \IllS Fair Oaks Circle in Corinth. I 13 And resUy just thi! - really tbc owm::r of 13 live about Dine hooses down from lbc top of 1hll hill, 14 Classic Liaco1n Mercury ill thc only IJfIC who rca11y Is 14 wblcb is 1Jle Dctl.ton residence aDd then it crouc:d the IS wIDing 10 spend tbIIt kind of money to dcvdo)l it to 15 HElD. And I'm the house ell. lhls :properly lit tbe: botlOln of 16 OlI.pand its business. Hi (be biD, by tbc C1tlI:k. So you ClIlI'I sa:: il on that 17 COMMISIIIONER S'l'RANtJE: Atty 0l!lClr qnestiCGS J7 slide. Yon CIIl1I11ee it OIl. lhc haadout, This handout is 18 of the appJlcant? 18 what I pretentr:d at 1bc Corinth City CouIx:iI ~ 19 MR. HAMM: All r:fsht. Thank you. 19 Plamring aDd Zonins meedng. and ju8tmainly to Si\'C you 20 roMhllS$IONEIl. STRANGI!i thank)'OO, Is tbl!rc 20 some points. Some of it baa been covm:d. And Mr, Allen, 2] an)'ODC cI8c here who wishes 10 speak? Wc have a qoestion. 21 tbc 0WDeI' hils c~ back and said 1hat rnnnber one, be 22 from. Mrs. Calpcmcr, staff, 22 wouldn't do . PA 1)'$_ so tb:l glide 1BIkina about 23 MS. CAJUlIlNTB: sir, 1110 itan was tabled by 23 Iondnecs and uoiBCl, we hope lI:at wvc 00VI:I'Cld !bat part. 24 dlc Planning CommiuiOl1 iD CoriDtb; b tbIIt rlgbt7 24 So my Et8IIClll here is just mainly to let you know lbt we 25 MR. HAMid: ThIIt'! com:IeL 2~ C8l'C .. the two people tbat1ivc at the top or the hill Condenselt 1M r (' I" PLANNING AND ZONING MINUTES JULY 21. 2005 Page 9 - Page 12 Page 13 Page 1 S I from IlaIton. 'R baveo't t:aIkcd 10 dim. Ma,bIl1bcly didn't I COMMISSlONllK STRANGE; NeXt to speak ill Mr. 2 get tbc: notice; didn't - didn't undtntmd. 'Ibly ~ 2 101m A. Whiteley. And followi.. will bo Mr. Dun:tL 3 have part of1lz CIIssJe LIoeoIn Mcn:ury bdJInd 1hdr 3 Rouse. 4- bousc. They caD s= It Bhmdy. 4 MR. WBmlLIlY= I am also a property owner :5 As you can IIL"C fnm some of llJG~, S in Corinth. The property !bat I reside at is the one that 6 tho -at. of us ba"" b:ButiftII trtIlllI tb8t _know am aoll1I 6 is in 1be very - well. you CllD't see it, but in die 7 to go away. Now, 'MI know this :Is gofng to bappm. To Id 7 Iriqte there tbal:'s1be smalfeBt one. 'Ihenl's ODe that 8 yoo. know. Mr. AIk:a. 1bc owner. is goirIs: tl) moet wi1II. \It 8 bas IiIe Denton line.lIlld then I'm the next one over in p !at WII'lt. And &D iii: down IllllljuIt kind of SO owr some 9 Ibat prcscntatioo tbcrc. 10 or our com:cms. I dml', bow ifbo (liD. mcd our 10 Currently, there am several very 1arge Oak 11 0000II1l8. We bopo IhId: maybe WCl C8D come 10 lIOmC kiDd of 11 Crees that am there probably from the orIsinBl farm 12 egr<<moDl. ADd the mallllma In: at my cod of 1Iz 12 property thIrt was t:hcn.\ Tbcle are llCvcral buildiDp thsl: 13 8treeI is the G'aiDqc. 13 I can see from m.y SCCODd story out behind there that look 14 I'm at tkl blJUm1 of tkl bill 0lI.1Iz Iowcir 14 l:bcy WI.2C the original residellOe. So there wctO some IS l*' of Ibc 28 feci, Ibc IIptiq. !he~. and. IS bcautifuI 0IIk trees. I believe there is a layout in IhCl 16 llgBIn. the fact 1ba1lb1ly - CVCIltbauab lbcy'tC Pa 10 16 pllIDS tbat shows The tree removal.. I had two diffemlt 17 have au 18 - 1 S.fool CIlICIDCIIt bchiod my t'aice I11III I'm 17 SIlbmittaIs. a 9Ubml.tta1 fur them and a SDbmittaJ for 18 aoinB 10 look at (:lll'I, thcy'R! not guiDg 10 leave 0IIl'.l 18 Dentun. Each one had a different requl1'CD1Cl1l:. 19 I. trco. Thoy are goiDg to plant -. but iD my 19 'Ibc major CODotm of all of the 20 lifdimo I p1tIbIb1y WllII't see: much of 1bcl =- We aha 2Q acigbbodloods is this particular drawlll8. And the 21 waat to Nl)' 11: tho dhet PIBwdng IIIld :loDiDi 1IXICIins.lh&y 11 mitigation I guess is what you would say of the existing 22 did discuss It and then 1bc:y finally 1ltbbl it. 'I'bcly C8IDD 22 b'CICS to the DeW Isywt. I don't know if thai can be ICCZI 23 up - we ltC1lWIy poiDbI. out lIOIIlCI iIIB1Jcls tBt were 23 m' DOl:.. Do I need to D10WI it ovu" this way ~ It's 24 Iacldns: OR tbc: I~ plan. IIDd 10 1ky just laid. Ict'. 24 kind of difficult to see. I can make copies llYIlilable if 2:'5 come beck. 'I1loy wanll::d to look at IbD fioInci81 25 anyone would like to see It Focus in 011 this EB. whid1 Pago 14 Pagel6 I nnnificatioos of ilI1bIs good for !he City? Is i1 not? 1 ;Is my lII'ClI of ClO!lOlI1I. You'll _ dJIt dx::rc arc 2 COMMISlIICIN!IlI. smANGl!: 'iOU lItI1l have 0IIll 2 sIgrdfbmt numbcnl tK '\ICl')' largo 0IIIkI in thIa vlclnJty. 3 ~ 3 My propcz'ty bciua: bm. I IIC1uIIIy have a very Dkc view 4 hIS. BlIOOIAItT: (lOD DJiDutt. 10 I'm just 4 tK tJICISo tmI$ from my propc:l1y _ I ~ . ten root S IllIIiIII;y slxJwiIt&: you wbIt wo're teOing. We 11ft: very 5 - I melIII, I'm sorry, lID clpt-aDd-a-bIIlHoot stone waR 6 pesslooa1ll au you would ~ Itl goiIls 10 hIppeD. 6 m to my property. 7 We: wrmt lIOIIldhinrIlIke In OlD' c:ommuniIy. We want i1 to 7 Auhll o1bcr - at tbnCIY cad of my 8 look Dice. We want tlaI. I wiIh we bad )'OIl!' IRzl 8 property, wbich it andhet COI1CClJ\, ibis turnllnto a 9 onfinlllCl:o aod I wish we cooId IIV8 JOmO of OlD' tIa:$. 9 woodica. wan t1IlIl: drops dmVD 10 just eight fecllIlII. aU 10 And thot'. wbld Wll'l'C Pi tD 1lil1k to Mr. A1b about. 10 1he WftY to lhc cod. where Uri:;'51'Cl1Jdcocc is. down hea'o 11 But jutt beslcalIy, 1bU it 10 1d)'W know whit we're II It lhc boaom. And. sgaID. 1bc 5lopo ill lib 30 _ So 11 talking abcut 011. our aide, :md I118)'bc it migb1 bs in your 12 Lmie looks litmilly boeI oot &om. hcI- - h bldt. 13 best inItmt to \ftir. untI1lbc Corlotb _ hat Idded 13 first b<d. of her bausc might the bKk mID I wooded 14 00 what urc doing bc:cauac we hope to set lblt Il1o plan 14 area. AD. of Ibese bomeI have these very nice trc:es. '" IS chaJlged in llOIl1C DIII1IEI' at !cut at our clld of the blook.. IS you. can _ wilh IbD 0Vt:I'1IIy. all of 1bcsc treDS: will be 16 So 1IIauk you b your dme. Do y'alI haw my qIllIIdonI 16 cIr.s!roJaL Tb:I.d pYI tbst. ~ will be 643 trcce 11 fur DW1. 17 tabn dowl1lmd replacxld wItb 24. 18 COMMfSSIONJlR II'tIW<<lIl: Mr. Roy. 18 Our com:cm is. you 1mow. quality d life 19 OOMIIOSSIONBB. ROY: Ylll. IUd JooIdog bcRl 19 in tbc: neIgbborbood, oom We'R! setth1s - kddog at 20 at lhc people's IIIIlllC8" I _ a vcry llllrnSdlli IIIlIDIII 20 1.1S Idq ClLpII1dcd to fivo IluJes in each dll'Cctlon '-:: 21 lbcre, Mr. Vie BuqpllI. 21 thcxd:y. HopcIWIy. 0Ir IDllctil. witb Mr. Allen willll10w 22 hlS.llV1UI:lWI3: YeS, k il my ~ll1' 22 us to bavo a IittIc bit larpr p<<a IpllCll and msybc 23 ~. 23 replloD It wIlh IOIDll trcce 1hI1: over 1ime will. In flier. 24 OOhIWISIIKlNIIR JU)Y: IIClC. Ob)'. Thank 24 allow mID heYC lIOltlO ~. 25 you. 2S roMMISIIClNER SI1WIGI!l 'I1IaIIk you WI)' lI1UCh. CoDdeDsclt 1M r. r- ,.... PLANNING AND ZONING MINUTES JIlL Y 27.2005 Page 13 - Page 16 r-- r r CondenseIt TM 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 1 7 MR. WHITELEY: Any questions. I COMMrssrONER STRANGE: Mr. Watkins. 2 COMMISSIONER WATKINS: Thank you, Mr. 3 Chairman. The -- 4 COMMISSIONER STRANGE: sir, Mr. Watkins has 5 a question. 6 COMMIssrONER WATKINS: The map that you had 7 here, I see a line somewhat off of the bottom from side to 8 side, a horizontal line, am I correct or incorrect that 9 what you're pointing to, the trees at the lower left-hand 10 comer of our screen, I thought you were pointing south of 11 the line, is that not Corinth? 12 MR. WHITELEY: This portion is Corinth over 13 here. These trees are a direct line of site from my pool 14 and patio. If you look at the color photograph, the 15 comer -- the property with the pool in the back yard on 16 that side, that is mine. I have extensive landscaping and 17 decking that we've put in four years ago. It's absolutely 18 gorgeous from my perspective. 19 COMMISSIONER WATKINS: well, you were 20 mentioning the wooden fence? 21 MR. WHITELEY: Yeah. That's on the other 22 side. That's a Corinth problem. I'm just indicating -- 23 I'm trying to give you a perception, a scope -- 24 COMMISSIONER WATKINS: well, you know, I'm 25 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 18 just trying to get in my mind because it is a triangular section. 1 2 MR. WHITELEY: Yes, sir. 3 COMMISSIONER WATKINS: And it's in a 4 northeast, south and west don't really do it for me at 5 that particular place. 6 MR. WHITELEY: Yes, sir. No, I understand. 7 I apologize. 8 COMMISSIONER WATKINS: But I was just 9 trying to get in my mind what was Corinth and .- in other 10 words, we really don't have a lot to do with that. 11 MR, WHITELEY: Yeah. The portion n the 12 little triangle part that's right here. This is the I3 actual -- 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WATKINS: Yes, yes. MR, WI-llTELEY: -- line between Denton. Everything up here and the trees that I was referring to that are the very large Oaks are in the Denton component of this proposal. COMMISSIONER WATKINS: But not in the present auto dealership, the Lincoln -- MR. WHITELEY: Yes, sir. COMMISSIONER WATKINS: -- dealership now. MR. WHITELEY: If you look at the other photograph you will see -- can we flip to this one again? PLANNING AND ZONING MINUTES JULY 27, 2005 Page 19 That is -- well, it doesn't show the landscaping plan. There will be some trees placed in green areas, actually the original photograph -- could I borrow that? COMMISSlONER WATKINS: Does Corinth have a tree ordinance? MR, WHITELEY: NO, sir. They have dropped the ball significantly on that. That will be taken care of shortly I can -- COMMISSIONER WATKINS: well, we haven't had one in a long time. MR. WHITELEY: 1 understand. This is the mitigation plan for the number of trees that are going to be placed. And you can see that this is the Denton component. This is my property, so there will be a tree, and there will be additional trees, which is part of the negotiation that we're having -- trying to have with the dealer n I mean, the owner of the property to, you know, try to mitigate the effects of the exposure to the traffic and such. COMMISSIONER WATKINS: okay. Thank you very much, COMMISSIONER STRANGE: Mr. Roy. COMMISSIONER ROY: My question is largely, I think, for staff. The portion of the trees that are in the City of Denton fall under our Tree Preservation Page 20 Ordinance, correct? MS. CARPENTER: Yes, that is correct. COMM!SSIONER ROY: okay. Thank you. COMMISSIONER STRANGE: AUY other questions? Okay. Thank you very much. MR. WHITELEY: Yes, sir. Thank you, Next to speak is Darrell Rouse. If you'd come forward and give us your name and address. MR ROUSE: My name is Darrell Rouse. 1 live at 1999 Fair Oaks Circle in Corinth. I'm jusl here to ask that y'aIl table this motion until we actually work with the owner and see if maybe some concessions can be made there, which might change the plans. So to me, tonight, if you approve, I guess, the plans as they are, they may come back to you again asking for the same request or a little bit different one. I'm also concerned about the trees and the buffer zone that Corinth aclually has right now. H's only 15 foot from the business and the parking lot would be there, so we're hoping to get that extended. Thank you. COMMISSIONER STRANGE: Any questions? Dr. Thibodeaux. COMMISSIONER THIBODEAUX: You just mentioned some concessions dlat may be made, some middle grounds, have you talked -- had these discussions? Page 17 - Page 20 Page 21 Pap 23 1 MR.1lOtlS!: WcI do DOt know 11' any I tall: dollar8 for thIl City than probably what ,",'re going to 2 coocmillDl 1ft! pD" fD ba DIIcZl)'CL We'ftl pg 10 2 set with 1he auto dea1eabip shiftiDg over that way. 3 actully taIt to Mr. Allen on tbc !nh. 3 OOMMISSIONER WA'1XINSr BUt you do realize 4 cot.o.IISSIOHII TlDDODIWlX: HDt made arry 4 it will dMIop? 5 RqUeSts at tbIs point? 5 MR. ROtnm: YeS, sir. Yes. sir. 6 MR.1lOUSB: 1IIrdm? 6 COMMISSlONBR WA'IUNS< I meaD, it's on au 7 COMWISIONBIl11l0lllDB.WX! NO R:qUCSts have 7 iDterstate highway. 8 bcai IJIlldc I1l1dt point? 8 MR. ROllSSl YeS. 9 MltIlOllllll: NO:roquesIs have beerI ~ Wo 9 OOMMISSIONHR WATKINS: And so most oflbc 10 aaw 1IDu our cwccmB IIIld 1bcn _'m going back aad 10 COIKlI:m so far as I hear them are (11 the Corinth portion? 11 DJ:ICIti~ with him. Next Wcdnctday we IRI a:tualIy mminI 11 MIL ROUSBl Yell. sir. 12 wIIb Mr. AIko to discutB what ~ be dooo 10 hdp IODIO 12 COMMISSIONER WA1XINS: And I can tile! where 13 of that. AlIlO, 1110 IIgblfIlg :Is 8!Ilssue:. too. 13 your concems would be and fir Ibc wooden fence. 14 alMMISSIONI!1I. TBIBClD!'AUX: ADd 1bat'sb J4 MIlIlOUSE: YeS. IS scoond. And tbcn you'ftl going back to 1IIc CodnIh P & Z IS COMMISSIONER WAlXlNi'!: I saw II brick fence. 16 00. 1m 8dJ; Is that rfgbr1 16 but I'm also aocing on this tho thing that's somewhat 17 lolL IIAX1SBI Plh. So wc'ftlIPIII 10 have a 17 confusing 011 this nice brochure is a Nissan doBIership.. 18 mc:dios: willa Mr. Allen bciom tbc DlIlCIina: witb 11m Coaodl 18 and that doesn't attach to this,. right? 19 on lbc 9th. 19 MR. HOUSB; It won't later. 20 COM~smANClIl: Mr. WattinL 20 COMMISSIOOE!R. WA11CINS: well, it's a mile 21 COhlhlll!l9IONllR. WA.1'EIN!l: Tllallll: you, Mr. 2] 1IW8Y. ;Q Cbainmm. Sue wba1 you'ftl1alklng about ill wIlh IDl 22 MIL ROUSE: dt. in that pn:smtation, I'm 23 Corinlh Cmmcil, aod CD 1hiI porliculsr view wou1d bo 10 23 sorry. 24 liIflower right? 24 ~MMJSSIONIlR WATKINS: It'S a mile away. 25 MR.1lOll!IIII 'WII, Bir. 2S MIL ROUSE: You're ta11dDs about Ihe Page 22 Page 24 1 COMMISSIONER WATKINS: oIlhc diagona11inc 1 prcICIl1llfJan. 2 across? 2 00MMISlII0NI!R WA.'IKINSl YaIh. 3 MR. ROUSB; YeS. sir. But it's - 3 hIR. aousE: 'Vm. k wouJd not. 4 COMMISSIONER WATKINS: I'm tryIns to keep 4 CXlMMISSIONJ!R WA'lXINSl And tbcrc: lite S In my mind .. 5 pictmw lIICl'c: that I don't Ibiok -I'm DOt that familiar 6 M:R. IlOUSE: If Wll am. got this 15 foot hl::RI 6 wilhit 7 extended otIt: here ~ tbcn it could push some of 7 YR. ROUSI!: alsJrt, 11hIDk them IlIC BOlDS 8 this back further and I dea't !mow if that'a going to 8 - probably some vlolatfona ofthc Dmtoo. probably laws 9 happen. Wc'n: just WBDI:iDg that to happen. that this 7Dt1C 9 1bcm, too, 1bD way 1hB1bI1ltru1:tl1Rl c;um:nlly BilB. 10 could be bigg:c Ix:re, the buffi:r zme here. 10 Wo'vICI SOt contaidcn, biB. .. 1 don't 1mow,1hcy'ftl 11 COMM1SSJONER WA'I'JtmS: I would be wry 11 probably 4O-fcd containlIr8ldtiDg oot 1hcrc In 1bc opeD 12 ClllIl.CaDCd about the light. I.-w it OIl. polel!IlIDll 12 and.wr. But I lbink by'~ just baviDs IODIO srowlh 13 whatever. But by the same token. I .1MIlI, you folks tbat 13 illB1lC8 8!Id we WBDl to work with !hem and we' I'CII:IopiDs Mr. 14 have come tol:1lght, you don't mtlly object to an mrto, a 14 AlJen wl1I wodt wl1h us. But, yoo. know. 1bcre ~ IIOIl1CI 15 new car dealership bciDg thc:ft:; ill that COI'RICt'l IS DlhI:I' 18BIXIII fiKR, to. 16 MR. ROUSE: Aduelly- 16 COMMIllIIWNEII. WA'l1UNSI oby. All rJgbt. 17 COMMISSIONl!R WATXIN8: lD the Denton 17 Thank )IOU. 18 portion? 18 COhIMJSSIOHIlII S11IANOII:: Thank you. Anyone 19 MIL RCIUSB: AcIu&lly, lit thI.s polat we do. 19 c:Iso bwo II quc&tion? 20 I think -. !he property Is aD odd si2Z or shape. I aaree 20 MIl. WHtI1!tBY: okl_1ook at the - 21 wirh them tbcre. 21 COMMIlISIONIlJI. S'mANGE: sir, you'vc a1rc&dy 22 COMMISSIONER WA'JXINS: Yes, I agMO. 22 had your turD. \\Ie'rc \'lIl')' Itrlct aboot our time limitu 23 MR. ROUSBl I'm curious if we waited 8 year 23 hen. You'vc hDd )'V1IE' tlqe. minutas. 24 or two and that hiabway expaDds. If Wll might not get 8 24 MIl. HAMMI DO we bavc a chllncc 10 I'CBpOI1d 2S rort>omllQ4 or something in thcze thIt would produce mom :zs 10 thar1 CondmICItnt: (' ('\ (' PLANNING AND ZONING MINUTBS JULY 27~ 2005 Page 21 - Page 24 Pagc25 Page 27 l COMMISSIONBI. STRANGIl: If )Ul'll give me ] Dcn10D requIrcmcms and DcaIrm ordinances and we're jJst 2 just ODe second. I was almost to SBt to your part.1here. 2 IIIkin&: tbBt we be conslcbc:d for approval bBlCld on \WII 3 Is tbere anyone" here who wishes to speak in 3 yon _ OIIb DmIon sidD. And we will be wmklns wllb. 4 opposi.tim to this? Okay. Doell the Bppllczmt wish to 4 1blIo peoplcl m lbc 0JriDlh lIiluatkm wry 1OOIl. .5 have II rebuttal? 5 00hlMl8SK>>Wt 8'I1W<<iIIl okay. Let me _ 6 Mil HAMM: DO I have tbrcc minutes or 6. you Ibis. WdL Mr. WalkiDs. 7 whaImlr I Deed? 7 OOIldMISSIONER WATKINS; rt.nk you.. Mr. 8 COMMISSKlNBI. STRANGE: I believe on your 8 0Wnnan. You have two lql8l'atD towns :IDvolvcd. 9 rebuUBI. cight minutes. isn't it? 9 MR. HAMM: YUh. 10 MS. CARPIiNTIlR: Le\'. me look at it. ]0 OOMMISSIONER WATKINS: okay. I don't - I 11 COMMISSIONBR. STRANGIl: woll. you'vo got 11 lJUCI'l rm woacbiDa what WOIlId bappca if one turDJ you 12 more than eight minuIal. 12 dawn and 0lVl accqMlld. 13 MR. HAMM: I'm glad you did, Mr. Watkins, 13 MP. BAMM: I OlD baild the - weD. fKS1 14 poict tbat out as far as that PowerPoint presentation that 14 off. rm maIdIlg lbc assumptioa. \bat ')OOU '0 approve for a 1.5 you hBw in &oat of)Ul ~ )'DU're ~ the truh at U car dcaJcrslIlp to be built In t1IIs zonlDa: like - weD. I 16 the back of !he dealmbip and 80 forth. That is the 16 doII't hive 10 .. I deIl't suets I bave to pt lppl'O'Yal of 11 Nissan dealetship in CorInth \WI.ch has DO re1atioII. to the 17 lhat. It alresdy can be bu.ilt tbere. We would build the 18 Denton dealership. C1assic IlncoIn Mercury. 18 Ma:zd&. We would put 1bl Mazda dcaJcnhip O\'a' on tbD IS! They keep . very clean dealership. You can 19 DcllIOll aidD if we bad to. .An wdw got to do Is detech 20 go visit aU of thelr deaIenbips and you'll IIllll it'. hpt 20 1bo eervice from it llIId put b'bow rocm. 1 mean, we 2J very clean. Is it b::pt perfect? No, you can't bep it 21 hew - It's DCt. favorlte Ihins of Mazda 10 do. but we 22 perfec.t. But they do II wry aoodjob of polichle every 22 cou1d put 1bD Mazda showroom and evcrythill8 00 tbc DcnIOll 23 chance they get. I tbiDk tbc:re is . stonsc contaioer 23 _ and IIIlCl dID BC:IYicx: lbat's ahcIdy CKisting 011 tile 24 thIlt bac.kJ:d - tbcy bought this <k:aIaship .. it will be 24 LiocoID Mercury ride. 25 . two years. tOO}' bougbt it from Ford Motor - it will be 2S Tbt's not what Mazda prders to do. but Page 26 Page 28 1 two )'lIlIrB :ID J8Il1lIlr)'. 1'bcy boqht it from Fotd Motor 1 bo's ~ lJOifts: 10 loBe hi, desJercIlfp. He's not JDiu8: 10 2 CcmIpsDy, 80 by hswJJ't quieti 0WDIld it two years. Thete 2 lose his Mam8I:franchIse. So:lf'Ml C8I1't pit it appmYed 3 ....... . COIlTAidet back there. Y O\l. know, tIlat's t!Ic deal 3 OIl 1bD- Carinlh em. wre still goiDg 10 build a 4 wiIh the City of DcnIOn OD rreardIDI dim: coalldm:r. II 4 o;Ie:aknhip .usumIng dm l' aD. givo us our Ial.ucst OD .5 W8S wilh Ib:l dealmhip whea he bought it,. If lhllt's 80 S Ibis. 6 Issue. 6 ~ WATKINIlI ob)o. Thank you. 7 We're just ukios dmt - we're \Q1dng 7 MR. BAWW: AD. right. The damago inYOlwd 8 wlIb tbr; pcopb of ec.mlh. Mr. AIIca lias lIIid tbBt lID 8 to DCt belDg able 10 bufld bls Mazda deabsbip. his 9 would do so, and we bavc a mr:ctios 8dJeduled oem'Mek 10 9 bncblsa Is pmty hisb IIt8kc. 10 do lID lIIIIIlIIca we am, lito spccla1 caUed p & Z IlIllCtlag OD 10 o:M&llSIONBR S'I1WfClI!: I ClIl. apprcclatc Il the 9th, which we andclpatc and we lbInk we'D bavc II lhat. Lot RIO ask my qucsdon. You are p1araliog kl hml. 12 approval tbtm Mr. ADen iB DOt. nIIICIunnt tour. He'. 12 meeting - 13 i car dcaIcr. He OWUI lhllt plcco of property. He paid 13 MR. 8AMW: we're meeting lit. Mr. - ii', 14 b it and 10, of Q01IlSC. obviws1y. he', salDS to try lod 14 WhIteley, iSD't it1 IS dlMiop It lbc way ho _ bait fit. IS c:oMMIllIIIOOBR S'I1WG: hIr. Whi1eJcy7 Iii Our ~ I, simply 1his, Ihat you pJessc 16 MltIlAlAf: we're meering: lit. his home next 17 coasider 1Ilo fact tbat IID'I . Dc2Itlln bosioc:n IIId we would 17 Wednesday lit. 7:00 o'clock wI1ich b&cks up 10 tbe proprrty 18 jlJIt lib:I for DcntoI1 peopIc to hlmd\I:l DMlDn buBinc8a ill 18 qm1iq lhe issllClS 1bat _ bsvc brousJd. forth. ~ 19 this sitoation. It's zoned 10 put . dcaknhip them IS! Issues Ibcy're rcqucstI.. are aOOvo and beyond wbqt lbo 20 And we hKvc fo11owcd thD on:IhulDces la bolb. cltim just 20 city ordilumcc.1b:l buiD:n fMrlsy, el: cetcrs, ct 21 like thoy're pzil1tcd in Ib::oir IDlIl1II1s. and _Imvo 21 Ilda'a, rcqaircd. ADd we're goiag to see if we CIII1 rmd 22 fo1Iowcd the oo:lillances just like we do ~ wIaI. ~ 22 tho eommoD ground Ibn. wblch Mr. AIIca bas iIIdic:m1 m 23 SO and build. And tbBt's aU we can go by, and we can 23 WID" to do. 24 deal wiIh aD of tho other stuff IS It comes Itq. And 10 24 CCMtJSSIO)II!II. SUWfGI!: okay. I UDdcntand 25 I have des1t wfIb. and snbmltaI tbla wbmiU:II. per 2.5 thBt, 10 :It Idnd of 1csds to my qucstimt. I thillk staff CoDdcnseIt TW r. o (' PLANNING AND ZONING MINUTES IDLY 27, 2005 Page 25 - Page 28 r- Page 29 Pagtl 31 I has 10cked lilt 001' aitualion. If \WI wn.h to tabJo thieI 1 undmtand their Issues., and - but I look lIthe procesa 2 1Dnlgbt, end llCCl what you come - with )'0111' compromise, do 2 hb. what \WI'~ I\$kcd 10 deal with toJligbJ: iIIlbc DcntoJl 3 )'OIl bavo some datm, Ms. Carpenter tbid would 1b'U ~ 3 iuuund I don't ICCllhc value in postpooing IIBt one. 4 you do whit you want to do? 4 It leems fnrlf.iciQ fur us and IQtIl)' WDUId do nothing to S MS. C\RPBN'I'I!RJ YCS. Mr. Chairman, I do. , gain for the Corinth 00l1CCtIllJ. It wooldn't impac1 that in 6 If the: item Is passed Out of tbc PlannIt1g aDd Zooing 6 WIly one or Ihcl o!bIlt. II scanl 11m the citizens or 7 CommfsBkm tonisht, I belieYe !his item would bel on the 7 Corinth have I 'YCIlIUC to take lbeir concems aud hopct'uUy 8 Sept=uber 6th Council ~ bcoausc at the way the 8 they win be able 10 work out a reasonable compromlge willi 9 meetings fall in August. yoo can't meet the 16th, so it 9 lb:l owner of the properly. 10 WOIIld go em Septanbcr 6th. 10 So I .. I just don't see any logic 10 - 11 MR. HAMN: 'Ytab. originally I was lnfOtlDld 11 fcao lIS to m:.onsldet- it -. We're 0Dly looklDS a11hD 12 that it WIIS lb= 16th; is _ not true? 12 - lqp1Iy lit lhc OcI:lton issues. That'll all '\WI CtIR Iaok 13 MS. CARPENTI!R: [don't Ibink we CIII make 13 lit, iiO I don't see the value. altbcIuih I would listen to 14 !hat for lhc 16th. So it lm8 to be Sep\(mbcr 6th. 14 my fdlaw CcmunissJoam jf!bey want to take II diflercn1 15 !.fIt HAMM: Fino.. IS posidon. I'm certlIinly willing to OOIllldct. 16 us.. CARPENTER: BUt - 1IO I'm just using 16 COMMISSIONER STRANGIll 1hl oo.Iy position I 17 tba1 for comparillOD purpoltlS. So if it were to come back 17 would haw is If 1!lcy did rr&ed and -. with Mr. AIlcn and. 18 to 1his p & Z on .A1lgl:llt nib, wbich WOlJId be four daY' 18 1My dctemUnod that they Wlla1Ql to IncrClllSO iii buflbr ftmn 19 afta' Corinth'l speeilll mcedDg on 111= 9th, I dan't -- is 19 13 feet 10 20 fa::t or pl'OYidc eDl trees. When you look 20 that on a Sun&y, tb:: 9th? 20 at this plll1:lcular tract. tho bulk of that w'-.t I would 21 MR. HAMM: NO. the 9th is DOt I Sunday. 21 caD tho - I suesl lhIt, to .me. iI dxlllOllth side of IIEo 22 That's a Monday. 22 property. TlD side against tho lxnIscs Js in Corinth, 23 MS. CAlU'BNTER: our Plannill8 ComDIiaslools 23 'Iberc is a portion over tbeRt in lbe Denton side at the 24 on IhD 13th.in August, isn't it? 10dI. --10th. So we 24 far left bottom carner, 1h8t whatever trealInent happens .in 25 eomc 1mc OIl tho lOIh, the D:lXI diy, A1JIlISt 10. 25 the Cm.indt side over dmIll1ao Is ~ng 10 I~ the Pagc30 Page 32 1 MIl HAMM: lbe 10lh is I WcdneBday eo the I Denton sido.. 'IbIIt's my oaI;y eOl1Cl'.l'D it' they chIll1fll' I 2 9th would be II Tuesday. 2 buffer zone OJ' chaDae Gte size of it Ind wbcIher or not we 3 MB. CARPI!N11lB: okay. So it would COD'II:I 3 would bCDllf"lt &om. dW know~ In our conB.iderations 4 - on Aagust 10th 100 Ibm it would D'iUD 1bc second 4 beclusc It .. even thoush the people live ill Corinth. plrt .5 Council meeting in Scpt:mber. and I don't know if lhIt .5 of wbM /hey ICCIllCro8lI1bcro is in lbe Denton part.. And 6 flllls'oo. the 20th. I'm tryins to l'G11ClD1!:ICI' the cllcndar. 6 1het WBlI ~ llIl1y point ID seeing if thle was an IsllJO at 7 I think it's au the 20th of Sq,ltcmbcr, if you - I mean. 7 tabling IIDd IlIowIIlg us to meet wl1h their timD frames. 8 jUlt for informalXm. 8 COMlIoUSSIaW. ROY: one 0Ihcr point. if I 9 COMMlSSbJNlRSTIWIO.Il: okay, !it may,lbout tabling it. 10 t.lR. HAMM: well, OlD' ~ iI not to 10 COMMISS.IClNER $'I1l.ANUBI Yell, sir. 11 lllblo lhls fssut. Wo IICl:d 10 mave funvanllIld I don't - 11 ~1SSIONI!Il; ltOY1 If our mmlns is on the 12 .like J Slid. I'm working with Dc:nton !me toniPt. and rm 12 10th, II1d the Corinth IlXlCdDg Is on tbo 9lh. 1bcre's 110 13 tryil18 10 9lltlsfy everything I cln wl1h the City of DonttD 13 way that we could RICeJw I package that would be .. J4 lod P & Z respcctfuI1y 100 so our wish. of tlO1lrse, ill to 14 COlIImUnlcate to us, )IW know, what - beeaUllC our p~ 1.5 kfql moving forward, whilcl we're sdU obviously sohw to l.5 SO out II wedt before, 10 I dora'l _ how we could do 16 eon1lDuo aw:r heR: with the Corinth pcop1o. 16 lo.ythlllJ other tJmn rcccIvc iDfcamadoo It lbc nXleting. 17 CXlMMf!lSroHElR 1S'I'1W<<lil< ADyou; eIs\:I have any 17 And I'm bltppy 10 do thIIt. It's lIDnl1lll, but I'm '-.ppy 10 18 que&tWns of tbo Ipplicant'l Do you have aD)' otbcr 18 do that if tbat's !be ClI8C. 19 COUII11ClltS? 19 But Ilhink 1hat CD thc 1rcc8 :If 1hcrc's a 20 MIl HAMM: NO, I do QOI, 2Q discussion Ibout Incn:asing trees, J bclicvc l'hc right 21 COMMl8SroN2ll: $J'RANOJl:: okay. AU right. 21 place for lbosc to be added is ID die Corinth _, I just 22 We'D close 1he public l:aring. And do we have I motion? 22 have CODfldcnce .in our prcsc:rvation ordinance and our own 23 Mr. Roy. 23 sIllndlll'ds that that little slice tbIIt's In Denton Is going 24 CONMISSIONBR ROY: wbIJc I S)'Il1pfllbiZICI wl1b 24 to lock nice. It. his 10. It his to IlICd: our 25 !he: cltizcz1s who llI'C bml from. CoriJICh, I c:ot'IlliD1y 2S rcq1dremeo.ts. And If there'a llCIINIlaJBC Oak Trees in Condonscltnl 0. f' PLANNING AND ZONING MINUTBS JULY 27,2005 Page 29 - Page 32 r- Page 33 Page 35 I 1hcrc III has bc:m preseIl1ed 10 us,. 1hlllIll are ~ J MS. BHBLTON: 'I1le trees that were to be 2 PllJ to ~ pre$CIlWd IICClll1!ius 10 our prtIKI'fttfoo 2 preserved were on the - weU. they're shown actually on 3 Ol'dinanc:a. 3 hfs- 4 COMMISSroNP.R S11lANClI!! 518ft? Ms. 4 MR. HAMM: Do you haw your 1.-1 sheet in 5 Carpc:nas. 5 your JlIICbae'l 6 MS. CARPI!NTI!R: Mr. Cbairmao, it's possible 6 MS. SHELTON: NO. they wouldn't haw: tbst. 7 dlId 1bc cha:asos !hat tbc llJlPlieanl WIIIIId IlI8b in Illl'm8 of 7 MIl. HAMM: Am I still okay to bring 8 a 15-foot abift would be ICCD .. minof and llCu1d be 8 somctbing up here? 9 appmvo:l at 1hc; lIlaff Iow1ll1ld il wouldD't - I IDlllIll, it 51 COMMISSroNBa STRANlJ& Yes, wc'~ 88kcd a 10 ewld !p> forward evcn to tho CounclI. and l!losc eould be 10 question, 110 you can come back up. II treated as minor. J meao. we'd have to look at tbe emn&: 1) MR. HAMM: All right. I..ct me put this 12 of them 10 detemriDc ~ or DOt 11m wae1bc ease. but 12 stuff here. 13 it'l possiblo 1bat tho clJaDacs. if 1Il&y had 10 make lbmn 13 COMMISSIONBR STRANGE: Let's just J4 would be damcd minor aad wouIda't bftl to came baek. So 14 COIlCC:Dtrafe over tbcn: in that Dcot:on cocner, wbst trees 15 we daD't know that, but 1bey couJd k IS that ~ existing tberc ml soma to be .Icft? 16 CClMMISSIONI!R S'l1lANllB: Mr. Wa1ldna. J6 MR.. HAMM: All right. As you see, this 17 00MNISSI0NIlR WA'J1:lNS; bilk yon Mr. 17 survey that we hfId done, you see all of the existing tm:s 18 ChalmuuL It IJC'.CDJI to DIe 1bIt JlIIWa8: it off or 1IbJfq: 18 here, and you RIO thcac ~ existing trees here. These 19 it.. if it WQIlkL would not be any 8l'CIIt Ildvan1ag!l if tbcI 19 are the trees right hen: that we are proposing to save to, 20 ~ is soh1': to put: IIICI Milzda dellcnhip 011 tbc 20 meet the ordinaocc, the Tn:c PreIemti.on Ordianance. 2J Ilcldoo tJdc. I don't maID to be WI up fix' - if we're 21 00MMJssI0NER S1'RANGB; okay. Put)'OUr 22 waitiDg 011 CorlnIh or 0:Jria1h ill waldng on 'lIL But if 22 fmger right across those apiD. 23 0crin1h dollm't appl'<IW, worst calle sftoaJfon, I iJ1IpJlOBIl, 23 MR. BAMM: Right. The true cin:le. those 24 if by don't approyo 1hair sflk. .he'. goiag Iu put 11:10 24 are tile ODeS, if you looIc: at the legend OW!' here, you ICICI 2' Mazda dcIlcrship 011 tbe Denton.ide. So aD 'WC'w doins 2j it's a tree to be profectcd. This gets you to the 106 hp34 Page 36 I Is bJJding ~ 1hiog up. I 1IlI.\Iumc. and I bopD I IIIIllme 1 iDchcs of whll:h WO'I'O suppoIIld to provide 101. This is a 2 cmrectly 1blIt ~ _ 00 . fiiaJdIy term. Yau'IC 2 wry high part of 1110 (JtOIIDd !hat orislDaIIy we Wl:R gofDs 3 mcc:tiIqr: III Ihi!I rtl.trmm' .llous8lAd hcllooks likD I 3 to leNd, of COUl'8O. Yau know, hD'd Iovc TO be able 10 4 would WIDt Iu be nice to him. 4 aec hit whoJo pzoperty ACr088lhcm, 10 wo'rc buskaIIy 5 MIl HAMM: nx:re', DO aclwnaria1 5 PUUins a \'IllY hi&b Malning wall around 1llls lI1'CIlIIJ Far 6 rdBtioosbip bcm. Wc'~ gallIWIC lhIDp 10 work (lilt. but 6 .u we 0IlII to tr)' and prcIIJ;I'W and savo ~ IIt:m. 7 tt'a 011 . - 7 T!ac _the one. tIItt we chpse to 8eve 10 8 CXlMMtSlSIOII!R WATKINS: Yalh. So I don't 8 meet Ibc cWWnoo. 'DIe UDCI back bIB is just. you know, 9 IaUy _Ibc IlllCd to hold it up, but that', juet my 9 I do what it took to meet tho mdinanco is \Wat I Irbl. -- 10 lJtouabt 'Iban1r:]/DIl, sir. 10 COM84ESK>>lIlR STMNGa so what you're 11 ~Sl1lANOBl okay. IJJavc.. II aying IlId kind of III .8ft8\WI'to Mr. Ray, we daD" msIIy 12 qucstlon, Ms. SbdIDn. Have we detmrtincd yet Jf an:y of 12 have an IlIsuranao fbc:rc 1bat Ihe Denton Thlo Prcscnation 13 1Jlcec; tra::8 lbat are lldjaQc:n1 to tJao bm:loowras 13 0rdiDanc0 ill pius to IllYO OIlC 1m: below that IiUlc 14 properties are Monarch Treos tblt 'MIII1d be fo1lowing UDder 14 cluslcr that )tltI hBvc up at 1bo top. 15 Ihe Monan:h clIIIJ&if'lClIdOll in our 'I'rce 0nlI0ancc'1 15 MR. HAMt.I: NODe of 1Iac - 16 MS.l!iUBLTCfi: NODI. M1mGy. our ~c 16 ~S11lANOB: NOJlC oftholo_ 17 8dminitIcr bid kxml at and ob)'lld lIIIlm: preservation 17 saved? J8 end ~ Ilmdtcape- plan bcI'aw by IftIl8I'Od lhI8 dccaIled 18 M1t.1WOof! - are soil!&: Iu be smd r@ht 19 plans. but I don't !maw euctly wbicla tnlcs. I mean. I 19 heR. Only de truCI eiroJc are the 0l'ICIl thai are proposed 20 eaD't It:Il )'011 with a lot of ClIJdidl:ncc. 20 to be MWd. 21 OOMMI!l8JONER SJ':RAt<<iB! l't:8I or nay, wdI, if 21 00MMfSSKJNBJr. 8'I1lANG:II: TlI8t'I8 what I was 22 I!qo'ftllbowiDg on tb:l pllZl1hec WlI'w IookIq; at lIIl:dDs 22 lhhrkinc ba:ausc wbcIl. JIookaIId it earlier 1 saw 1bc 23 CldsdIlg nos. IIDd 1l1:li. we'w Ioo1cios DIlW aDd lheIy'ro 23 pautina: lot below. I didn't see how _ were goill8 to saw 24 parting lpe;c:s. I wouJd tI1d to bdiDvo 1bat ""1 not 24 lID)' trees down dJlR. And 1bat W8lI my point add if you'n: 2S soinI to be aD)' lfta; left dxm. 2S goiqg 10 - CoadenseIt1M ,.. o PLANNING AND ZONING MINUI'BS nn. y 27~ 200S Page 33 ~ Page 36 r- Page 37 Page 39 1 MR. HAMid: 'J'bKt'.II not 1bo way U'II ptOJIClscd J to- 2 riBbf DOW, !bat'. trQc. 2 COMMISSroNER RAMONEI I think my buttoll is 3 OOMMISSIQ<lBRBmANOB: Right And J glIeIIs 3 broken. 4 my only question wus if - Mr. Roy, if it - 4 COMMISSIONER STRANGE: okay. You may 5 MR. HAMid: well, )'011 look at the 1ree - 5 speok. 6 'MI'VC sat a problem 01It lhc:rc. Same of 1Iac trees are 6 COMMISSIONER RAMONa: Thank you. I think ? not in 800d hcaJtb.. We met wid!. an arbodsl We'~ iP>>lC 7 - I agt'll8 with Mr. Watkins and Mr. Roy. As much as I 8 tbroqb. lbc wll:lkl program berc gn)'S. ADd we've tried 10 8 feel for the residents for Corinth, I think that the 9 .- )'DIl can s=. I pajd. a fartuno 10 have WI%y one of 9 section -. our duty is to the clilims of Denton and I lD 1hcsc trees plotted al;:f08S lbc etltirc eountry hc:rc. I 10 tbfnk our .- the section of Denton that wiIIlICtually be II melD, I'm Slll'e Ihc lIubdiviBion ~ liveIin wus also a 11 affected in relation to the proximity to the Corinth 12 forest bcfmc somebody ellJllC aJolll and :P'Pt in 5lKds and ]2 residents is Dot goiDg to be that much, I don't think. So 13 allcyll, okay. So rm no1; 1be: 0Dly person that's ~ 13 that having been said, I think I wiU agree with Mr. 14 11m. 14 Watkins and Mr. Roy. 15 Tb:l -1hls Is what we tmd to work aut. 15 OOMMmsJONER S'lRANGE: Okay, Secitw: no 16 At one point we hod a proposal to CClUIC in hem. Really 16 other diswssiOD, please vote. And the vote passoe 5-1. 17 quilll frankly, !be firct tinul it was come 1brougb IIlld just J7 18 pay 1bc qs - I forgot what )'DIl eall it, Inw tho fund. 18 19 But, no. we felt like we ean maJrc SQll10 c!Iwges here 8Dd 19 20 ~'s lllve It And we Iricd to pkk the ones dud wou1d 20 21 beet help in trying to keep 1bc expcnlle down beeaWICI of 21 22 this big malnlllJ WIn. Some of 1MBc trcea are DOt too 22 23 healthy, they poinlcd out to us, so we cho3c dlls cluslrlr 23 24 of 1Iee8 that you s= here to pteStI'YO. to mcc:t 1bc 24 25 ordiDanec. And, you kntIW, I 1llCllD, If I came down bcrc and 2S Page 38 Page 40 1 waDlIed to save anDlher one QI' two of those; snre, it's not J :2: (bat 1bat ean'l be dmc.. Not that 1bat caD't be done. 2 3 COMMISSIONER STRANm!: AU right. Ttumk 3 4 you very much. Anyone c1sc have a comment or a question? 4 5 If not, do we 1MM . motion? Mr. Walkins. 5 6 COWM1SSIONllR WAn:INSl 'Jh!nk you, Mr. 6 7 Chairman. MoWI appl'OVlll of Z-os-olX)71 7 8 CCMMIssroNER 8TIlANOII: DO we ha~ a 1llCODd? 8 9 CONMISSlDNBa ROY: second. 9 10 COMMISSIONER 8TRANOE: we have a mOOon by 10 Ii Mr. Watkins.nd a sceond by Mr. Roy. II then: llDY U 12 dbcussion? I would like to say that I have IlllI1e eonec:m 12 13 in behalf of the ncigI:dxn of IooI!:in8 bilek, directly 01It 13 14 of tbcir back yard apinlt JllIIidIw Spa0c8 wJ1hin 1I:D QI' J 5 14 1.5 fed of tbeir pmpcrty. And my ~ of tlxl map. 15 16 which we're IIllCing, thetc win be no trceII saved there. 16 17 My ooly rcuoD for thinking about tabq it is 10 see J7 18 what haPJXllllld in Corinth, If 'lhcn1; III a buffer 1mIafed, 18 19 I'd liktl to sce lbl. same buffeF on the Deuton ~ 19 20 Ihat would be 00 !be Corinth side of1bc property to hc1p 20 21 preserve any IRicB in that buffer 2Ol1O. So that is a 21 22 eoncern I've gat with lbc situation w1we we've got two 22 23 diffcrm1 standardll depending on whit 1bcsc o1hfr people 23 24 do. Sa 1hIIt's my eoneem about it. Anyone else have 111)' 24 23 dillCWllioo. or o:ny <<lIllRlCDfs? Ms. RaIllOIte, IIRl you Iryina: 25 CondeascIt ftl r- '. r-. PLANNING AND ZONING MINUTES 1UL Y 27., 2005 Page 37 - Page 40 ATTACHMENT 8 Ordinance S:\Oar~"""'05\Z05..0007~ ORDINANCE NO. AN ORDmANCB OF THE CITY OF DENTON. TEXAS, AMENDING ORDINANCE 87-84 TO ALLOW A DETAILED PLAN FOR A AUTOMOBn.B DBALERSBIP ON 1.775 ACRES, GENERALLY ~TBD 1,100 FEBT NORTHWEST'OF LAKEVlEW BO'ULEVARD AND 135 EAST FRONTAGE ROAD lNTERSECTION AND SITUATED IN THB GIDEON WALKER. SURVEY, ABSTRACT NUMBER 346, IN THE CITY OF DBNTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY m THE MAXIMlIM AMOUNT OF $2.000.00 FOR VIOLATIONS TIIEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFBCITVE DATE. (ZOS-0001) WHEREAS. on MaIM 16, 2005, Ronald Hamm. submitted a &tailed plan for apptoxinlldely 1.775 aores of land located within Planned DeveIopmem 12 (PD-12) zoning district and parIicularly descn'bed in Exhibit "A" attached hereto and made a part heJeOf as &In"bit "A" (the ''Property'') with the intent to construct 811. 8Utomobile dealership, said Detailed Plan being on file in the offices of the City's Phmning Department,. a copy 9f'wbich is attached hereto IIIld made a part hereof as Exln'bit "B" (the Detailed P1an); and WHFREAS, on July 27, 2005, the Pbmning and Zoning Cnmmimrinn concluded a public hearing 88 required by law, and reoommendcd approval of the requested change in ZODing; and WHEREAS. the City COUIlCil :finds that the chaDge in zoming is consistent with the Comprehensive Plan; NOW, THBRBFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAllfS: SECTION 1. The:liDJinp aDd recitations cnntainNl in the preamblc of this ordinaocc are incorporated herein by reference. SECTION 2. A copy of this ordinance 8ball be attaohcd to Ordinsmce No. 87-84 showing the IIII'If!II.mv.m here approved. SECITON 3. If any provision of this 9Idinance or the application thereof to any per8QIl. or circumstauoe is held invalid by Illy collrt, sUch invalidity shalJ. not affect the validity of other provisions or appli('.attona , and to this end the provisions of this 0I'dinarwe are severable. SECI'ION 4. Any person violating any provision of this ordinance aha1l,. upon eonvict:ioo, be fined a sum not A1I'l'.P.Ming $2.000.00. Bach day that a provision of1his ordinanoo is violated sha1l oonstitutc a separate and distinpt offenac. SECTION s. That this ordinance shall become effi:ctive fourteen (14) days from. the date of its passage. and the City Sccrc:tary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Reomd-Cbronicle. a daily newspaper published in the City of Denton. Texas, widrin ten (10) daya of the date of its passage. PASSED AND APPROVED this the day of . 2005. EULlNB BROCK. MAYOR ATTEST: JENNIFBR. WALTERS. CITY SECRETARY BY: APPROVED AS TO LBGAL FORM: :~r EXHIBIT A PROPERTY DESCRIP'l10N 1.775 ACRE TRACT Gideon Walker Survey, .Abstract No. t330 City of Denton, DeIIWIJ Cormty, Taos DESCRIPTION, of a 1.775 &ere tract of land situated in the Gideon Wa1kcr Survey..Abstract No. 1330. Denton County, Texas; said tract being part of Lot 1, Block 9. Pecan Creek Addition. an addition to 1hc City of Corin1h. Texas Iccordina: to the plat reoordcd in V olumt: 10, Page 26 of the Plat Records of Denton County, Texas; said tract also being part of that cel1ain tract of land dc.!cribcd in GcneraI Warranty Deed 10 1'imbergIm Company recordcd under Denton County CleJk.'s File No. 95-R.0079950 in the Deed Records of Denton County, Texas; said 1.775 Bm'C tract of land being more particularly dcsmibcd as follows: . BEGINNING, at a tJ2-inch iron rod with "Pacheco Koch" cap found for cornet:in the- southwest right-of- way line of Interstate Highway I-35E (a variable width right-of-way); said point also, being the eastcmmost comer of Lot I, Block A, Denton Lincoln.Me:rcury, an addition 10 the City of Dcnton, Texas according to the plat RlCOI'dcd in Cabinet P, Page 149 of said Plat Records; 1HENCE" South 50 degrees, 20 minutes, 00 seconds East, along the southwest tine of said Intcrstatc Highway I-3SE, a distance of 441.78 :feet to a point for comer; said point being in the sou1h line of the said Gideon WaDa::r Survey and in the north line of the M.E.P. &: P.R.R. Survey, .Abstraot No. 911; said point also being in 8 south City Limits Line: of the City of Denton, Texas accordiDa: to Section I of the City of Denton, Texas Ordinance Number 74-44, same being 8 north City Limits Line of the City of Coriuth, Texas; THENCE, NORTH 86 DEGREES, 00 MINUTES, 15 SECONDS WEST, DEPARTING THE SAID SOUTHWEST LINE OF INTERSTATE mOHWAY I-35E AND ALONG THE SAID SOUTH L1NE OF TIlE GIDEON WALKER. SURVEY, THE SAID NORm LINE OF THE M.E.P. &: P.R.R. SURVEY, ABSTRACT NO. 911. TIlE NORm LINE OF THE M.E.P. & P.R.R. SURVEY, ABS'lRACT NO. 950, THE SAID sourn CITY LIMITS LINE OF '!'HE CITY OF DHN'ION. TEXAS AND TIlE SAID NORlH Cl1Y LIMITS LINE OF THE CITY OF CORINTH, TEXAS, A DISTANCE OF 600.21 FEET TO A I/2..INCH IRON ROD FOUND FOR CORNER; SAID POINT BEING AN ANGLE POINT IN THE NORm LINE OF THE WOODS AT OAKMONT, PHASE 2, AN ADDmON TO TIlE CI'IY OF CORINTH, TEXAS ACCORDING TO THE PLAT RECORDED IN" CABThffiT N, PAGE 97 OF SAID PlAT RECORDS AND THE SOUTHEAST CORNEll OF SAID LOT 1, BLOCK A; 'I'HBN'CE, North 47 degrees, 07 minutes, 28 socdnds East, departing the said south line of the Gideon Walker Survey, the said north line of the M.E.P. & P.R.R. Survey, Abstract No. 950, the said south City Limits Line of the City of Denton, Texas and the said north City Limits Line ofthc City of Corinth, Texas and eIong the southeast line of said Lot I, Block A. a distance of 352.98 feet to the POINT OF BEGINNING; CONTAINING, 77,311 square feet or 1.775 acres ofllnd, more or less. Exhibi t B ! · r i J.. , I ~' I ! i ; dU Iii" ;n1i! IIIH ~~ I .... I to. " e I I ~ I: DI@t :1 I: I I I I I If! I I I I fill Jii ~~lrr-' =~~...= IN' UlIL--J, oenatI, .............-...z:c::..A.. 'IIlW w....___ .~~___ *,~tI:..."'..IIII~I'';''~ ..".- _lilt. ."....OD 'nIAJjJ AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Planning and Development CM/DCM/ACM: Jon Fortune, Assistant City Manager' SUBJECT - Z05-0002: (Laurel Oaks) Hold a public and consider adoption of an ordinance regarding the rezoning of approximately 11.58 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. The property is located approximately 360 feet south of Paisley and 425 feet west of Mack Drive and is adjacent to the southeast border of Audra. (Planning and Zoning Commission recommends approval 7-0) BACKGROUND Applicant: Laurel Oaks, L TD Dallas, TX The applicant is requesting the rezoning of the subject property to an NR-4 zoning district. The property abuts NR-4 and NR-2 single-family residential neighborhoods to the north and NR-4 to the east. The Mack Park Apartments are located on the western boundary and on the southern boundary is Mack Park and a NR-4 single family residential neighborhood. A chart showing the comparison between the existing NR-2 and the proposed NR-4 is provided in the Staff Analysis section. The applicant originally requested to rezone the property to NR-6 with an overlay district. The zoning change request was heard by the Planning and Zoning Commission on July 13, 2005 and was tabled to August 10, 2005. The applicant has requested to rezone the property to NR-4 with no overlay district. Public notification information is provided III Attachment 3. PRIOR ACTIONIREVIEW This case was tabled from the July 13, 2005 Planning and Zoning Commission meeting to allow changes in the proposed site plan. !L -~. The Denton Planning and Zoning Commission recommend denial of a request to rezone approximately 7.4 acres from NR-2 to NR-6 in March of 2004. Applicant withdrew the request before it was presented to City Council. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDA TION The Planning and Zoning Commission recommends approval 7-0. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Publi c N otifi cati on (Property Owner N otifi cati on Map) 4. Site Photos 5. Site Aerial 6. Letter of Intent 7. August 10,2005 Meeting Minutes 8. Ordinance Prepared by: ~~ Lori Shelton Planner II Respectfully submitted: ~~ Kelly Carpenter, AICP Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary of Zoning Request The applicant is requesting the rezoning of approximately 11.58 acres, currently zoned NR-2, located approximately 360 feet south of Paisley and 425 feet west of Mack Drive and is adjacent to the southeast boarder of Audra to a NR-4 zoning district. Existing Condition of Property The property is currently undeveloped. Adiacent zoning and land uses. North: Neighborhood Residential (NR-4 and NR-2) (existing single-family neighborhood and some undeveloped land) South: Neighborhood Residential (NR-2 and NR-4) (Mack Park and single-family neighborhood) East: Neighborhood Residential (NR-4) (primarily undeveloped and single-family neighborhood) West: Community Mixed Use General (CM-G) (Mack Park Apartments) Comprehensive Plan Analysis The Denton Plan identifies the subject site as an "Existing Neighborhoods/Infill Compatibility" future land use area. New development in this district should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. The Denton Plan defines compatibility as "The characteristics of different uses or activities or design which allow them to be located near or adj acent to each other in harmony... Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of exi sting development" (p .18 8). Development Review Analysis Access and Capacity Access to the property is limited to Audra Lane. A traffic impact analysis will not be required for a single-family use that produces less than 1,000 trips per day. Public Infrastructure The city tile maps show a 6" water main along Longmeadow Street to near the south property line and an 8: water main along the east side of Audra Lane. The city tile maps show an 8" sewer main along Longmeadow Street to near the south property line and a 15" sewer main along the median of Audra Lane. Development Code / Zoning Analysis The NR-2 zoning district allows a maximum density of 2 dwelling unites per acre. The NR-4 zoning district allows a maximum of 4 dwelling units per acre, which are permitted in the form of detached single-family dwelling units. The chart below illustrates the differences between the two zoning districts. Residential Land Use Categories I Existing I Proposed Zoning NR-2 Zoning NR-4 Single Family Dwellings P P Accessory Dwelling Units L(1) L(1) Attached Single Family Dwellings N SUP Dwellings Above Businesses N N Live/Work Units N N Duplexes N L(3) Community Homes For the Disabled P P Group Homes N N Multi-Family Dwellings N N Manufactured Housing Developments SUP N General Regulations I Existing Zoning I Proposed Zoning NR-2 NR-4 Maximum Density, dwelling units per 2 4 acre Minimum side yards for non-attached 10 feet 6 feet buildings Maximum Lot Coverage 30% 60% Minimum Landscaped Area 70% 40% Limitations: L(t) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximlUlllot coverage and setback requirements of the underlying zone. 2. The maximum nlUllber of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHF A of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHF A unless the lot meets the requirements of L(l).S. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHF A of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. ATTACHMENT 2 Maps NORTH LOCATION AND ZONING MAP FUTURE LAND USE MAP 6 ~I "IJD,llIlPllbIJlflil.lll ,. ~~~ ATTACHMENT 4 Site Photographs View from Audra looking northeast along northern edge of property 8 ATTACHMENT 5 Site Aerial ATTACHMENT 6 Letter of Intent CRANNELL, CRANNELL" MARTIN CORPORATION 801 ENTERPRISE DRIVE FLOWER MOUND, TEXAS 75028 972.691.6633 972.691.6628 (FAX) July 19, 2005 Denton Zoning Commission Denton, Texas RE: Laurel Oaks Zoning Case 16.16 acres on Audra Lane Rezoning 11. 5 8 acres Dear Commissioners: We come forward to present this rezoning case as a compromise between our applicant and the surrounding neighbors. We have been working with the neighbors to reach the proper product that will meet our client's wishes and be acceptable to the existing residents. We would like to request straight NR-4 zoning for the subject property. The neighbors have stated from the beginning that NRA zoning would match the surrounding zoning and they would not oppose NR-4 zoning. In the interest of our client and the neighbors we ask you to consider granting NR-4 zoning on the subject property. We are asking for straight NR-4 zoning with no special provisions or overlay districts. :f)?2Z ATTACHMENT 7 P&Z Minutes, August 10, 2005 CondcnscIt'DI Page S Page 7 I COMMISSKIR STlANCI!: 1billlllltt iItm is !be I MS. SHELTON: Yeah. There's just a little 2 ~ of~)' 11-' _ fitm IhD Nc.IIshbodIOOd 2 NR-Zo I thiok it's probubly ria1rt ubout them. 3 Rr:dlkm1al NIM ZOII!I1I DlstrIcl; 10 !be Nelgbhorhood. 3 COMM1SSIONFJl STRANGB:: AD'J other quesrions 4 RM:leotiaI N\N ZOIliJIg Dis1r4:t MIl. SIdlon. 4 of staff1 S MS. SHIlL Tm. 'dwl Laurd. 0Bb: Zooins (llI1Ill S COMMtSSIONBll ROY: wen. If I may. 6 WlS I1IbJec1. from IhD July - pardoII me. J 311:1, PIllDDiDa: &Dd 6 IDMMlSSIONEIl S'I1lANGE: Mr. Roy. 7 ZooiPg CwwnisWou mcctiJIg to allow the: IlppliClmt in lbc 7 OOMMtSSlONBR ROY: FtJllowiog up on that, do 8 DDighborhood 10 \WlIk out lKlI1Ill OOlICflnlI dIld lbe 8 we lalow wb8t's going to b8ppcn. because wo've IIC:ClI this 9 PCighborhood lwi. As yw -n ~ lIpplicant was 9 Sl.'VeI'Il1bnes 88 OPe greet bIg pwellllld is tm any 10 IcqIlCSliDa NlH ZlmiDI willian cnrerIay di8tric:t to IIiIow 10 diSCUSBioa about what lwppem to the rest of that big 11 8bChcd ciagk; family lIcNeIcpmcIIl wiIb III opellllp8Ce. 11 J1~ becauso that's wbmI most of the trees are, I 12 'IbD Ippll(lllllt bas Blnctl dwJ&ed bls rcqucsl 12 thlDk, the otber one, I'mjust curious. 13 1ll11nlsbt NRo4 zonJna Wtdch IIIawt dctItObccI'lnaIo 13 MS. SHELTON: NO, other than. ii's straight 14 f~ residential dovdopml:nt at II dcndty of roar 14 2!lIliJIg: for NR.-4,1O we do DOt have II site plaD 1lSSOCiah:d 15 dwoIIIns'l pel' om. 8m Is a .. lbc :r.oning map of lbc IS a~ wo did when there Wll8 an overlay districT. 16 lIl12I which 1howI!be 1WTOIIlldI11I- primldIy Nl\-4. Iii MS. CARPBN11!R: BUt the tm:: pL'QlJCl'Vlltion 17 Thcrt:', WI.-2to 1hc:: IOUlh, ",hid1 is, of llOIDIO, MIllk Padc. 17 n 'quinllDllnls win apply to this wIx:D be comes in to plat 18 'Ibc DOtIf'lea1ion - "" did _d out, of 18 il. 19 CourBC, II notificatiOOl dxJwiog tile N\N -Ill!. I've 19 COMMISSIONI!il S'IRANGIl: Any otber questions 2t'l received ocly 00fl1\Cllificatloa aDd lba1 was In support of 20 of stBI'f'I 'I1umk.)'mI. This is II public hearing. We'll 21 1be RqUCIIl. Alld I'D illlWeI' way quoslions. 21 now opeD !be public bearing. Is It.: applicanll1ere and do 22 roMMlSSIONIlR S'I'IlI\NOII: AIJYOII8I11ve any 22 I h~1' w1sb to speak? 23 qucetions of ataff7 MIll. Roll. 23 If you would, plea&e ccme down and give lIS 24 00NMISBI0NIlIl HOLT: 0lI1111t..,., around 1bc 24 )'tILl!" IIlIIDe and address. 25 . 0II1bm lwo ria 1IBt look 'IICIIlI. WIll !bat perl 25 MIl CRANNBLL: Mr. ChaimlllD, and mcmbm. of Page 6 Page 8 J of illast time? Was that part of the pan:d. last time? 1 tOO ('~ My DII\1C II JefT CrarmclL 801 1!m&:qu'iJI: 2 )IS, SHELTON: I'm not lIWC I undl:rsbmd 2 Dri~ ~ Mound, Tens, bcrtI this \MIIliDs rcprcscmIllll 3 your questi.ori. Kind of to -- 3 1I11l 0IVDllI'. We'vc met on !biB riIc Dl\Illl3'CIUt, nllll\Cl'Otll 4 COMMlSSlONER. HOLT: Kind. of over by -- to 4 1;I1.,.lllId the IBlIt omIng __ _lIbill 10 ~ II fraok 5 the cast and DCl'th.. 5 d ,:scuuioa ,bold whal1hc DCig\JhorB WIIIIlOO., wtlllt I' &: Z aDd 6 COMMISSTONER 8'I1tAJtlGE: staff - Mrs. 6 hopefull;y Couneil WIIIIIII. h mu't 1PBICb up ",ilb whal 7 Carpcnta- has It clarifIcaIioo., 7 they WIllI, but at tII18 poIot, WIl_ able 10 brlng .in WI 8 MS. CAltPBNTIlR: Let me see if I CIID help 8 "11--4 zonlns rcq1IllIJt 10 this body. 9 you clarify Ihat:. The ydl.ow on the east aide, .'s 9 They'", lIIIXiuUl 10 _ forward willi their JO taIkiJ!s: about the wbiIe pitx:e iD betwalIl tb=I ycI1aw and 10 (k'lIClopmelll!l. So lha Imt Ilep WOIJkI be on to p1IIti... II the red line. II ". 'I CI:IlUIly ZODUw iI (JDI' firtt isw8. ~ ucighbonl J2 MS. SHELTON: Jtigbt. That bad bcca. 12 Do llllmls from clay ~ ilIdksIaIlbat NIH would \lo llll 13 prev10uaIy R2IJIIed. I think, about III yw: 8@P, I belliMl, 13 1~~11O ~ eaaId lIIIpJlClI1. lllld I tbink \\o\I'w probably ~t 14 to NR-4. 14 1I11lllll!ior!ty of 1hc DCIcllWa suppCII1 fur NlN ZllII1na. 15 MS. CNU'EN1'flR: so il wasn't II parl- 15 Wc'I!:I not ask/IIg fl,ll' 811)' IJIhlo:r dl.'\'iIIIillll&, J6 MS. SHELTON: It was not a part of this 16 lKl.. >'='> )'WI' trm ,-tioll nil all 01b0r MiinDnceI 17 mnlng. 17 ,,::1 he: In c:ffeet sod en certainly ~ 10 1ixIIc IIIld J8 COMMI8SIONEIl HOLT: ob, okay. 18 ","r.: IIIIXious 10 pOt II aoad prqjact onlht: ground. J9 MS.llHBLTON: SO lhcy had orlgIna11y 19 COMMISSlONIlO 8'JlW<Gf!: Anyooc: havo any 20 requested N1NS for thil. 20 CJ,....liull8 d diD appIicInt? '11mnk ~ very much. 21 COMMISSIONER.' HOLT: ADd !he pan:d to 1m 21 Is 'lhere M)'OIIO d8I: = who wishes to 22 JWIth. was NR-4. also? 22 ........It :fix' tIdI il1:m.? We 8liU &avo no Clllds. Is Ihcre 23 MS. CARPEM'ERl Yes, lD!l'am. And ac:t a part n II:: ~lm8 eI& wIlD wlBIICIlO speak for? Is 1boro llD)'UIIIl who 24 of this. 24 " ,!ato &pelIk ~ Nobody WlIIIIS 10 RpCIIt III all. 2S COMMISSIONEll HOLT: Okay. 'Ibfmk you. 2S ( ...,)'. Wo'II em !be pabUe bemiDg. Do we: baw: II PLANNING AND ZONING MINUTBS AUGUST 10.200:; Page 5 - Page 8 Condcosclt'DI Page 9 Page 11 I 1 motion on thIr. hcn1? 1 2 COMMlSlIIOM!Il WA11We ~ IIppmll af 2 3 ~ Laurd. ow. 3 4 COMM!SllWNII1I. STIWf(II!: we hIvo II ftlOdOlL 4 S Do we haw: fl secood? 5 6 COMMISSIONER TBIBOOI!AllX\ secmd.. IS 7 c:a.n.fISSIONI! mtANCH!: we MW. lIIlJtion by 7 8 Mr. Wlltklns and a IllIlOIld by Dr. 'Ihibodc:twr;. Any 8 9 dit\l1Jl8ioll,? Please, we. MofHm puses 7-0. 9 10 TbIlt CODCJudc8 11m' Apda for tleO\fC:l'liIll- ]0 11 M !lac any Ibtmo iIlJIl1d8. __ 8D)'OOIl wishes t:I briIIg 11 12 forward? 12 ~ .. 13 M9.. CARPI!NTIIR: Mr. Cbalnnan. rd like fD 13 ]4 address 1lIIt is_ - 14 15 COMWlSSlONBR ~ WI. Caqlcnkr. 15 lIS M5. CARPBN'I'IIIt: - future lI&fIIda :IIl:ma. 16 17 COMMISSlONBUlllANllB: yes, plraIc. 17 IS MS. CAAPI'HTIlIl: DUe to lIOIl1& ~ In tie 18 19 S.law. Ib; Raft' will ~ mi.. to tho Plallllins and 19 20 ZODiq;j: ComnUsskm OD Aupst 24th - perdon DlC, ebmp to 20 21 0IIpIcr - subchapIcr ]6. wbieb it de subdMslon 21. 22 qulatioDs oIlho DcvdlIpmcat Code. and ehaJlse:s fD 22 23 0IlIptJ:r 34. wbiclJ ate the ll\IbdNlsioo. repla1ionIlhat. - 23 24 in 100 Denton Code of On:linanccs. TIx: Counl:il ditccDS US 24 25 ~y to bring ~ forward to you. ] don't haw. 2S P.1O 1 draft to share with you today. But we wiD be: ho1diD8 a 2 public Maring 011 tbat item 011 August 24th. lust a bead', 3 up. 4 COMMISSlONBR STRANGE: okay. Will wo be 5 lIblc to F the pmentatioo material earI.ier than DDI'D1lll? 6 MS. ("ARPIlN'IER: t will very much Btklmpt to 7 do that, Mr. 0lIIirmm. 8 COMMISSIONER 8'l1WfGS: Okay. Sloce ow him 9 short Illlliee. it would probably give us !be beDefit to 10 !me a little Il'lOOl tUnc to review that. II MS. CAIU'E!NTBR: 1t may bo just. that item - 12 COMMISSIONER S'mANGB: That would be ftne. 13 MS. CAlU'a."'I1!R, -- that we will be able to 14 get: out early. 15 CQMMlSSIONBJl STRANGE: oood. I diiDk 16 that's all we'd need Anyone else bawl any questions or 17 commeats? With that, we will cIos8 the 111CICliDg. 18 19 20 21 22 23 24 2S PLANNING AND ZONING WNUTBS AUGUST 10.2005 Page 9 - Page 11 ATTACHMENT 8 Ordinance s.'OI&t~~ ORDINANCE NO. AN ORDINANCE OF THE ClTY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICI' TO THE NEIGHBORHOOD RESIDmmAL 4 (NR-4)ZONING DIS'IRICT CLASSIFlCATION AND USE DESIGNATION FOR APPROXIMATBLY 11..58 ACRES OF LAND LOCATED APPROXIMATBLY360 FEET SOUTHOFPAlSLEY AND 42S FEET WEST OFMACKDRIVB AND IS ADJACENT TO THB SOUTHEAST BORDER OF AUDRAINIHBClTY OF DENTON. DENTON COUNTY. TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2.000.00 FOR VIOLATIONS THEREOF, A SEVERABnITY CLAUSE AND AN EPFECl'IVE DATE. (ZOS-0002) WHEREAS. Laurel Oaks. LID has applied fOr a change in zoning for approximately 11.58 acres ofland particu1arlydescribed in ExlnDit "A" fromNeighborOOod ResideOOa12 (NR-2) zoning . district to the NeighboIhood R.esidentia14 (NR-4) zoning dislrict zoning district classification and use dP.lligJ1R1:ion; and WHEREAS. on August 10.2005. the P1amJing aud Zoning (:nmmiuinn recnmmeoded approval ofthc requested chaIJge in mning; and . WHEREAS, the City Council finds that the change is CODSist:el1t with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The finil~ and recitations cmrtAined in the pmlIIlb1e of this ordinaoce are incorporated herein by reference. SECTION 2. The zoning dism.ct classification and use designation ofthc Property is hereby c:hanged from NeighboIhood ResideD1ial2 (NR-2) zoning district to the NeighbOIbood :P:esimmtia.l Mixed Use 4 (NR-4) zoning district classification and use. SECTION 3. The City's offi.cial zonb1g map is ."ended to show the change in zoning district Cllllllllifieatioo. SECTION 4. Anypcrson violating any provision oftbis ordinance shal1, upon oonviction. be fined a sum not exceeding $2,000.00. Bach day that a provision of this o:rd:iname is violated sball coostitute a separate and distinct offense. SECTION S. If any provision of this ordinance or the application t!meofto aoypenon or cimumstanoe is held invalid by any court, such invalidity shaD not atfcct the validity of other provisions or applicalions, aud 10 this end the provisions of this ordinance are severable. ::':Iuur uOCurnentsIUTOmanCeSIU,IL.U,-UUUL uramance.ooc SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub lished twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _ day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: PAGE 2 ~;\Uur LJUCUIlll;:\\(l) \UrulIlalIIXSIV.J ILV.J-UVUL UlUlllalllX.UUC Exhibit "A" 11.58 ACRE TRACT BEGINNING at a point being the most Northerly Northwest corner of subject tract, and being in the south right-of-way line of Audra Lane; THENCE North 88057'03" East, a distance of 626.14 feet to a point for corner: THENCE South 01002'57" East, a distance of 135.00 feet to a point for corner; THENCE North 88057'03" East, a distance of 12.45 feet to a point for corner; THENCE South 01000'52" East, a distance of 446.50 feet to point for corner; THENCE South 86001'43" East, a distance of 9.34 feet to a point for corner; THENCE South 02008123" West, a distance of 133.21 feet to a point for corner; THENCE North 87051'37" West, a distance of 150.84 feet to a point for corner: THENCE North 87015'02" West, a distance of 312.26 feet to a point for corner; THENCE North 87042'28" West, a distance of 283.66 feet to a point for corner; THENCE North 00031'28" East, a distance of 591.32 feet to a point for corner in the south right-of-way line of said Audra Lane; THENCE North 47027'43" East, along said south line of Audra Lane, a distance of 118.66 feet to the POINT OF BEGINNING and containing 504,365 square feet or 11.58 acres of computed land. PAGE 3 AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Planning and Development Department ACM: Jon Fortune, Assistant City Manager SUBJECT: DCA05-0004 (Swimming Pool Setbacks) Hold a public hearing and consider the adoption of an ordinance regarding amendments to the Denton Development Code and the Code of Ordinances of the City of Denton, Texas related to amendments of Subchapter 12 (General Requirements) related to setback requirements for swimming pools as accessory structures. The Planning and Zoning Commission recommends approval (5-0). BACKGROUND: Local property owners, pool installation professionals and staff (including the Building Official) are concerned about setback requirements for swimming pools in single family residential zoning districts. Currently the Denton Development Code defines a swimming pool as an accessory structure to the main structure on a lot and requires that the pool be separated from the main structure or other structures by at least ten feet and separated from the side and rear property lines by five feet. Recent discussions with local property owners and pool installation professionals lead staff to believe that the existing setback requirements for swimming pools are too great. An additional issue is the width of the side and rear setbacks for pools. Like Denton, many communities also regard swimming pools as accessory structures. A survey of setback requirements of nearby communities shows that swimming pools may be placed from five feet to zero feet from the rear and side property lines. Setback requirements for swimming pools are measured from the edge of the water to the setback line. CITY POOL SETBACKS CATEGORY Side Rear Keller None None J\ccessory Structure Flower Mound 5 feet 5 feet Permitted Use The Colony 3 feet 3 feet Permitted Use Frisco 3 feet 3 feet Accessory Use per bldg code. McKinney 5 feet 5 feet Accessory Structure Dallas None None Accessory Use Lewisville 3 feet from deck None Accessory Use 1 PROPOSED DEVELOPMENT CODE AMENDMENT Decreasing the setback distances for pools will allow greater flexibility for design in limited backyard spaces on many residential lots and preserve the integrity of public utility easements which exist. The proposed setback from the main structure provides an ample separation from any potential exterior electrical features on the main structure. The proposed amendment is highlighted in the text below. The remainder of the text is supplied for the context of the proposed amendment. Setback distances for other accessory structures are proposed to remain at ten feet from the main structure. No additional changes to this sub-section addressing accessory structures is proposed at this time. "35.12.4 Accessorv Buildings and Structures. Accessory buildings and structures shall comply with all requirements for the principal use except where specifically modified by this Subchapter and shall comply with the following limitations: A. No accessory building or structure may be located within the required front yard or within an easement. B. Guest Quarters. The issuance of permits for construction and occupancy of guest quarters shall be subject to compliance with following conditions. 1. The guest quarters shall be located on the same lot as an existing detached single- family use and may be located within or attached to the principal building or in a detached accessory building. 2. No more than one (1) guest quarters per tract or lot shall be allowed. 3. Guest quarters shall not be used as rental units. 4. The guest quarters shall be served by the same utility meter as the primary dwelling, and the building materials and architecture will be similar or in concert to the primary dwelling unit. 5. The floor area within the guest quarters shall not exceed fifty percent (50%) of the floor area of the primary dwelling unit. 6. A guest quarters in a detached building shall be located no closer to the side lot lines than the main residence. C. Mechanical equipment shall be subject to the provIsIOns of this Section. Such equipment shall not be located between the main structure on the site and any street adjacent to a front or side yard, and every attempt shall be made to place such equipment so that it is not visible from adjacent public streets. Mechanical equipment may be placed in a side yard abutting a side street if there are lot or building constraints from placing it in the other side yard and the equipment is screened with a fence or landscaping. Any installation of mechanical equipment shall require a building permit. 2 D. Regardless of the side and rear yard requirements of the district, in a residential district, a side or rear yard may be reduced to three (3) feet for an accessory structure erected more than fifty (50) feet from any street, other than alleys, provided the structure is detached and separated from other buildings and structures by ten (10) feet or more, and is no more than fifteen (15) feet in height with the following exception: 1. A swimming pool on a lot with a single family home may be constructed no closer than five (5) feet from any other buildings and structures on the same lot. 2. A swimming pool on a lot with a single family home may be constructed no closer than three (3) feet from the side and rear lot line and the swimming pool shall not encroach on an easement. E. Accessory structures, excluding pools and agricultural buildings, may not total more than 25% of the area of the principal structure on the lot." PRIOR ACTIONIREVIEW (Council, Boards, Commissions) July 13,2005 - Planning and Zoning Commission Public Hearing FISCAL INFORMATION None available. OPTIONS 1. Approve as submitted. 2. Approve with conditions 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDA TION The Planning and Zoning Commission recommends approval. (5-0) ATTACHMENTS 1. July 13, 2005 P&Z minutes 2. Ordinance Respectfully submitted: ~~ Kelly Carpenter, AICP Director of Planning and Development 3 CondenseIt'I'M 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 COMMISSIONER STRANGE: Next item on the 1 agtnda is an amendment to subchapter 12 of the Development 2 Code related to the setback requirements forswilmning 3 pools as necessary structures. Mr. Cook. 4 MR. COOK: Thank you, Mr. Chair and 5 Commission. Again, Stephen Cook with the Planning 6 Department. This item n staff was approached by 7 residents and both pool construction professionals that 8 exist within the conuuunity as to the setback standards of 9 swimming pools that reside within the Development Code. 10 Swimming pools exist as accessory structures to the main II structure witllin our n as defined within our Development ] 2 Code. They're cUITently required to be set back 10 feet 13 from the main structure or other strucnrres and then five 14 feet from the side yard and rear yard setbacks. 15 The construction professionals had 16 approached the City staff in stating that this is a 17 limitation to design and be able to install pools 18 throughout the conununity in various lot configurations. 19 So staff did n examined our current standards and 20 compared it with other cities as shown in your backup. 21 And we show that as swilmning pools in n as used as 22 accessory structures, that our standards tend to be a bit 23 excessive. And so, therefore, staff expedited a slight 24 amendment to the Development Code in which we're asking 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ]5 16 17 18 19 20 21 22 23 24 25 Page 70 your opinion on this evening is to modify the setback ] requirements specifically to swinuning pools as accessory 2 structures. Other accessory structures such as barns or 3 pool houses 01' other types of vertical type of 4 consTIuction would not be affected by the amendment. 5 The amendment that we're asking for this 6 board to consider and to move on to the City Council is to 7 modify for swinulling pools to a five-foot setback from the 8 main structure and other accessory structures within the 9 lot and three foot setback from the side yards and the 10 rear yards, which is more in line to the -- to other 11 cOllununity setback standards. And we're available for any 12 questions. 13 COMMISSIONER STRANGE: Anyone have any 14 questions of Mr. Cook? The only question 1'd have is 15 really more of a comment. When we're talking about -- ]6 MS. CARPENTER: Mr. Chainnan, 1've been 17 told by the tech staff that that is somebody's cell phone 18 going off silently and it's ringing through the mike. So 19 would you check your cell phones, please. 20 COMMISSIONER STRANGE: Don't have one. 21 MS. CARPENTER: That's what he said it was. 22 COMMISSIONER STRANGE: okay. Well, if you 23 have your cell phone, please check. Just as a COlllillent, 24 you're required in Denton, I believe, and most other 25 PLANNING AND ZONING MINUTES JULY 13,2005 Page 71 municipalities to have a fence around a pool anyway. So this setback pretty well from ten foot to three foot is an invisible setback anyway for the most part? MR. COOK: That is correct. But additionally, it would -- just for clarification that any swinuning pools would also be required not to be constructed in any easements that would exist as well. So that easement still would be preserved from any encroaclunent. COMMISSIONER STRANGE: Right. Okay. Anyone else have any COlmnents? Okay. Thank you very much. MR. COOK: Thank you, sir. COMMISSIONER STRANGE: This is still a public hearing and so I'll open the public hearing. Is there anyone here who wishes to speak for or against this item? No one here wishes to speak for or against, the public hearing is closed. Do we have any motions on this item? COMMISSIONER WATKINS: Move to approve as submitted. COMMISSIONER HOLT: second. COMMISSIONER STRANGE: Have a motion by Mr. Watkins and a second by Mrs. Holt. All in favor -. or all -- unless there's opposition, please, vote. Rephrase Page 72 that, unless there's discussion, pLease vote. Vote passes 5-0. Page 69 - Page 72 S:\Our Documents\Ordinances\05\DCA05-0004.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 12 OF THE DENTON DEVELOPMENT CODE PERTAINlNG TO THE SETBACK REQUIREMENTS OF SWIMMING POOLS AS ACCESSORY STRUCTURES; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE (DCA05-0004) 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, after providing notice and after conducting a public hearing as required by law on July 13, 2005, the Planning and Zoning Commission recommended approval of certain changes to Subchapters 12.4.D of the Development Code pertaining to the setback requirements of swimming pools as accessory structures; and WHEREAS, after providing notice and after conducting a public hearing 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 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The fmdings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Subchapter 12.4.D of the Development Code is hereby amended to require 1. A swimming pool on a lot with a single family home may be constructed no closer than five (5) feet from any other buildings and structures on the same lot. 2. A swimming pool on a lot with a single family home may be constructed no closer than three (3) feet from the side and rear lot line and the swimming pool shall not encroach on an easement. All other provisions of subchapter 12 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 offense. 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 effect 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 its passage. PASSED AND APPROVED this the day of ,2005. EULINE BROCK., MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Planning and Development Department ACM: Jon Fortune, Assistant City Manager SUBJECT: DCA05-0003 (Definitions of Townhouses) Consider adoption of an ordinance regarding amendments to the Denton Development Code and the Code of Ordinances of the City of Denton, Texas related to amendments to Subchapter 23 (Definitions and Terms) of the Development Code regarding townhouses. The Planning and Zoning Commission recommends approval (4-1). BACKGROUND: This topic was raised at the October 2002 Quarterly Review of the Development Code and has been discussed by the Planning and Zoning Commission at four work sessions, the most recent being May 25, 2005. The two basic issues raised are the definition for townhouses, and public hearing requirements. First, the Development Code references townhouses in Subchapter 23 (Definitions) twice under "Townhouse" and "Townhouse, Fee Simple". Existing Code Definitions: Townhouse: See "Dwelling, Townhouse." (NOTE: - No definition if Dwelling, Townhouse in existing Code.) Townhouse, Fee Simple: See "Dwelling, townhouse, fee simple." (NOTE: - No definition of Dwelling, townhouse, Fee Simple in existing Code.) The definitions of Townhouse and Townhouse, Fee Simple refer to other definitions that are not in the Code. There is no reference to townhouse(s) in Subchapter 5 (land use categories) either. Staff believes that the townhouse definitions were removed from the Code because the land use category term (Subchapter 5) for "townhouse" is attached single-family (see below), but the references were not revised. Adding new definitions or changing the reference for townhouse to "Dwelling, Attached Single-family" (not "Dwelling, townhouse") resolves this issue. The terms townhouses and attached single-family dwellings are (or should be) interchangeable. Single-family attached dwellings are currently defined as follow: Dwelling, Single-Family Attached: A structure consisting of three or more single-family units, in which each unit extends from the foundation to the roof with open space on at least two sides. The issue of the ownership of single-family attached units was raised during the May 25, 2005 work session. Commissioner Strange raised the concern that rental attached single-family units may be similar to multi-family developments. The current definition of "Dwelling, Single- Family Attached" does not take into account ownership and/or subdivision of land and is 1 somewhat simplistic. Ownership issues were removed from the definition because the thought at the time was that the design of the units was (is) more important than who owns the unites). The second issue raised is to require approval of a Specific Use Permit (SUP) for attached single- family dwellings proposed in NR-6, NRMU-12, and NRMU zoning districts that are within 200 feet of an existing single-family neighborhood. Attached single family dwellings (townhouses) are currently allowed in the NR-3 and NR-4 zoning districts with an approved SUP and in the NR-6, NRMU-12, NRMU, DR-2, DC-N, DC-G, RCR-l, RCR-2, RCC-N and RCC-D zoning districts by right. The SUP process does provide for community input and might "take away some of the public fear of inappropriate development" as identified in Attachment 1. However, a great deal of time, money and effort is required for an SUP without any certainty for approval (regardless of the content and design proposed). One of the main changes of the Development Code was the inclusion of architectural and site design regulations (Subchapter 13). The intent of those regulations was to provide a level of certainty for residents and developers. If the standards were met, an approval was guaranteed. SUP's were required for uses, which by their nature might be incompatible with surrounding uses. If the proposed definition of Attached Single-Family is accepted and approved, by its definition, townhouses would be a type of single-family development, which should be compatible to other single-family development. The density at which it develops might not be compatible, but that is a zoning issue, not a design issue. The Planning and Zoning Commission concurred with staff's recommendations and directed staff to proceed with the public hearing for the amendments. PRIOR ACTIONIREVIEW (Council, Boards, Commissions) September 22, 2004 Planning and Zoning Work Session meeting October 13, 2004 Planning and Zoning Work Session meeting November 10, 2004 Planning and Zoning Work Session meeting May 25, 2005 Planning and Zoning Work Session meeting July 13,2005 - Planning and Zoning Commission Public Hearing PROPOSED AMENDMENT TO THE DEVELOPMENT CODE Based on the intent of the Development Code and previous work session discussions with the Planning and Zoning Commission staff recommends the following: 1. Amend the definition of "Townhouse" in Chapter 23 to read: Townhouse: See "Dwelling, Single-Family Attached" 2. Amend the definition of "Dwelling, Single-Family Attached" in Chapter 23 to read: A single-family dwelling that is a part of a single structure containing at least three, but not more than eight, such dwellings, and each dwelling: . Is one or more stories in height, . Has an outside individual front and rear entrance on the ground floor, . Is separated from the other dwellings in the structure by fire-rated common walls, . Has an individual meter for each utilities, . Has access to a public street or alley, . Has frontage on a public street, 2 . Occupies its own individual lot. 3. Staff does not recommend requiring an SUP for Attached Single-Family Dwellings in the NR-6, NRMU-12, NRMU, DR-2, DC-N, DC-G, RCR-l, RCR-2, RCC-N and RCC-D and zoning districts. FISCAL INFORMATION None available. OPTIONS 1. Approve as submitted. 2. Approve with conditions 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDA TION The Planning and Zoning Commission recommends approval. (4-1, Commissioner Strange Opposed) ATTACHMENTS 1. Citizen Correspondence, October 2002 2. July 13, 2005 P&Z minutes 3. Ordinance Respectfully submitted: ~~ Kelly Carpenter, AICP Director of Planning and Development 3 A'ITACHMENT 1 r- Mike Cochran 610 West Oak. St. Denton, Texas 76201 OCtober 19, 2002 Mayor Buline Brock, Members of the Denton City Council, RB. At:t:ached Single Pamily Zoning Dear Mayor Brock, The City Council amended the Denton Development Plan on October 15, 2002, to remove the requirement for a Specific Use Permit (SUP) for Attached Single Family Dwellings in the NRMU zoning district. .An SUP calls for a public hearing before granting the zoning approval. This process allow for those neighbors affected by the proposal to have the opportunity to see what is planned and comment r' on it at planning" Zoning and the City Council. One developer complained about the need for these public hearings. His comments imply that Public Hearings are a bad thing to be avoided. Referring to the public hearing process, Carter and Burgess representative Mark Donaldson stated: "Such a requirement is a huge restraint on development because it requires a public hearing. A small band of neighbors who don I t want anything buil t anywbere Dear them can too easily sway a commissioD or council into defeating a proj ect..." ' The question is, are public hearings bad for the community? Although Elise Ridenour, of the West Oak St. Homowners Association, and I both spoke against this change, the Council seemed to be "swayed" more by a single developer to the point that I would question whether or not Mr. Donaldson really has anything to worry about. r... During the discussion ac the council meeting these Attached SF Dwellings were defined as ~townhousesu and it r. was this image that characterized the entire discussion of the issue. The common perception of this housing type is individually owned and separately platted, .up-scaleN, higher density housing, like the popular row houses that are popping up around Dallas. Townhouses answering to this description are not likely to get much opposition from neighbors. The problem is that iD DentoD there i. DO clefini tioD of -townhouse"'. The only requirement for these types of Attached SF structures is that they have a "foundation" and a "roofN and nothing else to differentiate them from apartments. We have both good and bad examples of these in Denton. There are some on West Hickory St. in .Cement City" and some more on Allegre Vista, off Dallas Drive behind the Lone Star Car Wash. In Denton, -townhouses"come in under the category Single Family Attached Dwelling. r' DwcUiDg, SiDglc-PuniIy Attached~ A structure consisting of three or more single- family units, in which each unit extends from the foundation to the roof with open space on at least two sides. There is no requirement for individual plots of land; no separate utility requirements; no public street access requirement; no firewall requirement; no requirements that conform to the common understanding of a townhouse, save the requirement for a foundation and a roof. They are, what used to be cal.led, studio apartments. There are only two functional differences between the S-F Attached and the standard Multi-Family apartment: apartments can be built one over the other and these Denton "townhouses. have to be built side by side. Apartments are also required to have dumpsters and the so-called "townhouses. can put their trash out on the street in bags. Why this matters? r The elimination of a proper definition of "townhouse' from the Denton Code bas created an enormous loophole in which regular apartments, with some minor design modifications, can locate in areas where otherwise {' apartments are prohibited. By removing the requirement for a public hearing in the NRMU district this loophole is broadened. Under the Development Code, apartments in the NRMU district are required to be part of devel~pments that are 10 acres or larger. Before this latest change, S-F Attached were required to have an SUP before being built. The SUP offered an opportunity for citizen input as well as a full discussion of the proposal at P&Z and the City Council. In Addison, they require a public review of each new townhouse project having decided that each project must be "judged on its own merits". (See note below) , If a proposed townhouse development is far away from existing neighborhoods then it is unlikely there would be any opposition, but nevertheless, there would be an opportunity for the Council and citizens to see the plans before the project is built. r The Council is discussing other revisions to the Code, which in NRMU-12 districts would require an SUP for apartments proposed within 200 feet of an existing residential neighborhood. This is being presented as a move friendly to neighborhoods and to a very limited extent it is. It was hoped that this new provision might stem some of the neighborhood opposition to the NRMU-12 zoning district due to the wide range of permissible uses that might abut existing neighborhoods. Any positive benefits derived by the new 200-foot limit in the NRMU-12 district are offset by the removal of the SUP requirement for the studio apartments in the NRMU district. What about Townhouses? r-, The "dwelling" definitions in the Code that were passed in Pebruary of 2002 were adopted in the Draft of December 2001. As I mentioned above they do not define uTownhouses", but they do mention them. On page 267 of the Development Code there is an entry for -Townhouses" and uTownhouses, Fee Simple-. The reader is referred by note to see "Dwelling, Townhouse". Unfortunately they are not there and we are left with the inadequate S-F Attached definition to fill in the gap. r-' If, however, you consult earlier versions of the Draft Development Plan there are excellent examples of definitions for -Townhousesn and -Townhouses, Fee SimpleR. Sept. 2001 DweIJi:oa, TOWDhouae: A type of dwelling that is one or more stories in height which bas outside. individual front and rear entrances, is sepan.ted &om other dwellings by ftte-tated common w..ns extending &om the foundation to the roof decking. and is part of a contiguous group of at least three but not more than 10 such townhouses, _ slJa// IH tfJ1Isidmd 1I1111111ifamiIJ stnIdIItr. (ItW:s mine) DweIliDg, TownhoU8C, Fee Simple: A townhouse unit. as defined above, that has the common wall or walls between it iUld the adjoining townhouse unit or units as its property line. that has individual mctets for all utilities, that has access to a public street, occupies its own lot. and meets the standards outlined in this Chapter. There is also a better, more precise definition of an Attached S-F dwelling that requires each dwelling to be on it's own lot. r. Dwellitlg, sm,Ie-Family Atmchecl: A structure divided by a coincidental property line lUld wall which separates the structure into two or more dwelling units, each occupying its own lot. What transpired between September ~nd December of 2001 I cannot say, but the changes weakened the Code and has created some unintended consequences. Dec. 2001 TOWDhoa8e: See "Dwelling. ToWDhouse." TOWDhouae, Pee Simple: See "Dwelling. tmmhouse, fee simple." DwelUaa, Siagle-FamiIJ Attached: A strocture consisting of three or more single-family units, in which each unit extends from the foundation to the roof with open space on at leut two sides. A Solution r---. It seems likely that the elimination of a definition for Townhouses from the Denton Development Code is an oversight. It is my understanding that this occurred in Staff discussions. Unfortunately this bas created a loophole that contradicts tbe intention ot the ordinance r' and nullifies any positive effects of amendments currently proposed to -improveR the Code. . A solution to close this apartment loophole would be to reinstate the definitions for Townhouses from the draft Code. This would at the very least discourage lower-end development from slipping in under-the-wire and potentially erode the quality of adjacent single-family neighborhoods. This would also close the loophole that allows these apartments to be placed by right in NR-6 districts. (See note below) Another possible improvement would be to apply the 200 ft. SUP zone to all actual Multi-Family projects regardless of how they are defined. Implici t in this is the acknowledgement that citizen input is valuable to the community and not something to be feared by developers of quality projects. There is not a great difference between NRMU and NRMU 12 districts. To require an SUP for MF uses in the NRMU-12 district adjacent to single family neighborhoods, and not require one for de-facto apartments in NRMU, NRMU-12, and r. NR-6, is inconsistent and a step in the wrong direction. One of the goals for revising the Code is to improve it. Revising NRMU-12 properly could take away some of the p~li-c fear of inappropriate development near their homes and have some positive effect of those wishing to develop for low-impact uses in the NR districts. Allowing these loopholes to persist will only increase the level of public mistrust of the process and likely make them more wary of NR-6 as well. May I also humbly suggest that at the next quarterly review of the Development Code that tbe Council schedule a Work Session to discuss any proposed changes so that the changes can be fully understood by the Council and the public. Sincerely, Mike Cochran Denton Neighborhood Alliance r' r- ----------------------------------------------------- Addison, Texas, Code or Ordinances Section 1. Purpose of district. Because of the newness of townhouses, condominiums, cluster houses and other such housing concepts in Addison and because such housing does not fall into any existing residential zoning district, the Town of Addison finds that a set of regulations are necessary to set forth the town's policy and attitude tDwUds these housing types. The town does encoutage new and creative ideas when such ideas are in the best interest of the town as a whole. Therefore, each application to zone toWDbOUBe/ condominium must be reviewed individually and judged on it. own merits. r- Denton Development Code, September 2001 Draft limitation fot Attached Single-Family structures in an NR-6 district. L( 4) = In part of a subdivision of 2 acres or more, up to 4 units may be attached by a common wall if the lots which contain the attached sttuctutes do not abut the perimeter lots lines of a subdivisio~ the individual common wall units are on separate lots designed to be sold individually, and they comply with the design standards of Subchapter 12. (This was omitted from the Dee. 2001 Draft) r--' Page 73 Page 75 ] COMMISSIONER STRANGE: Next item on the 1 conunon walls, that each unit has an individualmetcr for 2 Agenda is Item No. 6D, which is an amendment to Subchapter 2 utilities, that each unit has access to a public street or 3 23 of the Development Code related to townhouses. 3 alley, that each unit has frontage on a public street, and 4 MS. CARPENTER: Ml'. Chahman, may I make 4 that each unit occupies its individual lot, in other 5 this presentation from here? 5 words, they are townhouses in the market sense, where each 6 COMM!SSIONER STRANGE: Abso]utely. 6 unit owner has fee simple to the title to the land 7 MS. CARPENTER: Thank you, Mr. Chainnan. 7 underneath the unit. It's not a condominium where all of 8 TIle City of Denton has a quarterly review process in which 8 the land is held in common, but each unit has its own fee 9 the public and the staff and the Planning Commission is 9 simple lot. They may have COlmnon land as well. But each 10 invited to make conU1lents on the Land Development Code. 10 individual unit would sit on its own lot. I] The staff and the Planning COImnission are 11 The staff is not recommending a requirement 12 in receipt of a letter from several years ago, two years 12 that was discussed about adding a special use permit for 13 ago, concerning the definition of townhouses and so the 13 attached single family units in all of the zoning ]4 staff and the Planning Conunission tackled this definition 14 districts which allow townhouses, and I'll be happy to 15 in response to the conunents from the public in the 15 answer questions, Mr. Chairman. ]6 quarterly review. 16 COMMISSIONER STRANGE: Any questions of 17 TIle Planning COImnission has held four 17 staff? Seeing none, this is a -- we'll open the public 18 workshops on this, so I'm not going to go into detail 18 hearing. Is there anyone here who wishes to speak on this 19 about the changes that are proposed. I mean, I think the 19 item? I would ask that if you have a card that you would 20 record speaks for itself, and there have been four work 20 bring it forward. Mr. Coclu'an, would you plcase give us 21 sessions. The reconunendation at this time is the 21 your name and address for the record, please. 22 following, that the amendment of the tenn townhouse in 22 MR. COCHRAN: Yes. My name is Mike 23 Chapter 23 be changed to say C, "dwelling, COlmna, single 23 Cochran, 610 West Oak Street, Denton, Texas. I want to 24 family attached." In other words, a townhouse is a 24 thank you all for taking this up finally. The n 25 dwelling which is a single family dwelling and it is 25 COMMISSIONER STRANGE: NOW, wait a minute. Page 74 Page 76 1 attached, okay. Second, to amend the definition of 1 We've been working on this a long time. 2 dwelling, single family, attached in Chapter 23 to read as 2 MR. COCHRAN: It'S been a long time, but I 3 follows: A single family dwelling that is part of a 3 did lose my bet. I was thinking it was going to be ten 4 single structure containing at least three but not more 4 years. But nevertheless, good job. In any event, it's an 5 than eight such dwellings. And the Conmlission spent a 5 improvement. There's no question about it. And it was an 6 considerable amount of time debating what that number 6 oversight to begin with, I'm sure. And it is an 7 should be, whether it should be tlu-ee, four, five, len. 7 improvement. It does tighten it up and makes it not just 8 We had talked about numbers higher than eight definitely 8 such an open season as it was before. The problem I have 9 and this Conunission had I think at least in part thought 9 though, in your list of definitions here, which are a list 10 tlll"ee to eight was reasonable for a nmllber of attached. 10 of requirements for this. TIle only thing tllat separates 11 And that each dwelling meets the following, is one or more 11 this from apartments in .- according to tllis. is the fact 12 stories in height. has an outside individual front and 12 that it occupies it's own single family lot. And in fact, 13 rear entrance on the ground floor. 13 these are just studio apartments. And this is a back door 14 The Conunission spent a considerable amount 14 way of getting apartments into areas close to single ]5 of time on tJlat second bullet point having a front and 15 family neighborhoods. We could see that earlier. ]6 rear entrance on the ground floor because the Commission 16 I watched on T,V. a discussion on Audra Lane. That's l7 felt that single family houses ahnost always have a front 17 exactly what that guy was doing. ]8 and a back door, whereas, an apartment doesn't always have 18 And at the time I presented them in the 19 a front and a back door and that by saying that it had 19 past. But I went around and took photographs of a lot of 20 both a front and a rear entrance on the ground floor, 20 apartment complexes in town that fit this definition. 21 there was more assurance that the unit would feel like an 21 There were a whole lot of them along -- in cement city 22 attached single family home as opposed to an apartment 22 there was a whole heck of a lot of them. On Fort Worth 23 complex. 23 Drive, next to the Lone Star Car Wash, a classic example 24 The third tllat the units would be separated 24 there. TIle Phoenix Apartments fits the definition except 25 from other dwellings in the structure by fire-rated 25 for the fact of the fee simple. CondenseIt 1M I' ,r--. I .r' PLANNING AND ZONING MINUTES JULY 13,2005 Page 73 - Page 76 Page 77 Page 79 1 And I would point out to you that in the 1 can OM wish to add to this, Mr. Chairman. 2 previous definition of dwelling townhouse that was in the 2 COMMISSIONER STRANGE: DO we have a second? 3 draft Development Code, which we worked on for a long 3 COMMISSIONER HOLT: second. 4 time, and a lot of citizen input on it. But after the 4 COMMISSIONER STRANGE: we havc a motion by 5 citizen input section was over, in September of 2001 there 5 Mr. Watkins and a second by Mrs. Holt. I would just like 6 was a definition that was a decent definition of dwelling 6 to say that I have made numerous comments about this in 7 townhouse. I've got it in my letter and I don't know if 7 some work sessions. And 1Mr. Cochran, I tcnd to agree with 8 any of you -- if y' all have that or not, but it -- in that 8 you. I think this can be a guise for multi-family, and 9 definition it lists that these shall be considered 9 without further definition about that to eliminate that 10 multi-family which is exactly what they are. And that's 10 connotation, I'll be voting against this motion. Anyone II the thing that, 1 guess, the only point that I still tllink II else have any comments? Please, vote. Vote passes 4-1, ]2 needs to go a little bit farther. I conunend you for 12 one against. 13 taking it up, all kidding aside. 1 really" I know it 13 (COMMISSIONER STRANGE VOTING IN 14 takes a long time to do things, but nevertheless, we've 14 OPPOSITION.) 15 come this far, why are we still moving backwards from 15 16 where we were in September of 2001? Because there is no 16 17 qualitative difference between these and apartments. And 17 18 although. they may be nice when they start off, in 10 or 18 19 20 years, then they're going to deteriorate the same rate 19 20 these other ones are, and the density is sue is still the 20 21 same thing. 21 22 And that's, I guess, my only, I guess, 22 23 request to you-all is that you consider putting language 23 24 in that was originally there that went all through all of 24 25 thc voting process, through various councils, one of which 25 Page 78 Page 80 I I was on and also tlu'ough numerous city public sessions. I 2 There was all kinds of discussion about this. And it 2 3 included it as shall be considered a multi-family 3 4 structure. And as far as the sup goes, I note that in, I 4 5 think it was Richardson or Plana where they have it, they 5 6 consider each of these applications for these townhouses 6 7 and condominiums to be sort of a new bird, a new thing, 7 8 and so they want to take tllem on a case-by-case basis, and 8 9 I've got -- on tlle last page of illY letter to you, the 9 10 language from the Addison Code of Ordinances in which they 10 11 agree to take it as an sup and so I think my time is up. 11 12 And as my experience here last time when I spoke on this 12 13 subject last summer, Lord knows I don't want to go over my 13 14 time limit. If anyone has questions I'll be happy to n 14 15 COMMISSIONER STRANGE: Any questions of 1Mr. 15 16 Cochran? 16 17 MR. COCHRAN: JUst hope you'll consider 17 ]8 that. 18 ]9 COMMISSIONER STRANGE: Thank you for your 19 20 conunents. Anyone else here wish to speak for or against 20 21 this item? Seeing none, we'll close the public hearing. 21 22 Do we have a Illation on this item? 1Mr. Watkins. 22 23 COMMISSIONER WATKINS: I'd like to 23 24 recommend approval as submitted. At least we'll have 24 25 something on the books. In the quarterly review maybe we 25 CondenseIt 1M f~" (' ~ I PLANNING AND ZONING MINUTES JULY 13,2005 Page 77 - Page 80 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SECTION 35.23.2 OF THE DENTON DEVELOPMENT CODE PERTAINING TO DEFINITION OF TOWNHOUSES AND DWELLING, SINGLE-FAMILY ATTACHED; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE (DCAOS-0003) 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, after providing notice and after conducting a public hearing as required by law on July 13,2005, the Planning and Zoning Commission recommended approval of certain changes to Section 35.23.2 of the Development Code pertaining to the definition oftownhouses and dwelling, single-family attached; and WHEREAS, after providing notice and after conducting a public hearing 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 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. Section 35.23.2 of the Development Code is hereby amended as follows: a. Revise the defmition of Townhouse as follows: See "Dwelling, Single- Family Attached". b. Revise the definition of "Dwelling Single-Family Attached" as follows: A single-family dwelling that is a part of a single structure containing at least three, but not more than eight, such dwellings, and each dwelling: 1) Is one or more stories in height; 2) Has an outside individual front and rear entrance on the ground floor; 3) Is separated from the other dwellings in the structure by fire-rated common walls; 4) Has an individual meter for each utilities; 5) Has access to a public street or alley; 6) Has frontage on a public street; 7) Occupies its own individual lot. c. Delete the definition of "Townhouse, Fee Simple". All other provisions of Section 35.23.2 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 offense. 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 effect 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 its passage. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY '-- BY: AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Fiscal Operations ACM: Kathy DuBose -- SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas announcing that it will vote on a tax rate at its regularly scheduled meeting of September 20, 2005; providing for publication of notice of such vote on the tax rate; and providing an effective date. BACKGROUND In the Friday, August 5, 2005, Reading File, staff provided Council with a copy of the required notice of effective tax rate calculation that would be published in the Sunday, August 7 newspaper. Municipalities are required to publish their rollback tax rates in the Denton Record-Chronicle, along with the effective tax rate and other required schedules. The rollback tax rate divides the overall property taxes into two categories-maintenance and operations (M&O) taxes and debt service taxes. By law, the rollback rate for taxing units are set at an eight percent (8%) increase in operating (M&O) taxes. The effective tax rate is generally the property taxes divided by the current year's taxable value of properties that were on the tax roll in both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes the current taxable value of new properties (growth). The City of Denton's effective rate is $.57809/$100 valuation and the rollback rate is $.62375/$100 valuation. The Texas Property Tax Code mandates specific publications to be provided by the City. The code specifies that "When a proposed rate exceeds the lower of the rollback rate or the effective rate, the taxing unit's governing body must vote to place a proposal to adopt the rate on the agenda of a future meeting as an action item." Senate Bill 18 was passed during the 79th Regular Session of the Texas Legislature. One of the new requirements of this bill is that two public hearings must be held on the on the proposed tax increase, with the second hearing occurring at least three (3) days after the first. The proposed 2005-06 budget includes a .60815 tax rate, and exceeds the effective tax rate; therefore, it requires two public hearings. ESTIMA TED SCHEDULE 8/16/05 9/06/05 9/13/05 9/20/05 Vote to Place Proposal on Future Agenda Hold First Public Hearing Hold Second Public Hearing Adopt Tax Rate Agenda Information Sheet September 6, 2005 Page 2 PRIOR ACTIONIREVIEW On August 16, 2005, Council voted to place a proposal on a future agenda. FISCAL INFORMATION The proposed property tax rate is included in the 2005-06 proposed budget. Respectfully submitted: ~'~ '4h""" \:.'_.,- - :" . t .. I ~ . _ -_ _ __ .;iII ~. ,.,. Diana G. Ortiz Director of Fiscal Operations .8:\Our Docmnenl5\R.escl.lntiQos\05\vote on tax r$::.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY SCHEDULED MEETING OF SEPTEMBER 20,2005; PROVIDING FOR PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE; AND PROVIDING AN EFFECTNE DATE. WHEREAS, at its regularly scheduled meeting of August 16, 2005, the City Council voted to place a proposal on the September 20, 2005 City Council regular meeting to adopt a proposed tax rate of $0.60815 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate; and WHEREAS, the City Secretary duly recorded the vote of the City Council on that matter; and WHEREAS, the City Council also called two public hearings, the first for its regular meeting of September 6, 2005 and a special called hearing on September 13, 2005, on the tax increase; and WHEREAS, publication of notice of two public hearings on the tax increase were made in accordance with the law, and said public hearings were held on September 6, 2005 and September 13, 2005, and all proponents and opponents of the tax increase were given an adequate opportunity to present their views at the public hearings; and WHEREAS, the City Council wishes to finally set the date, time, and place of the meeting at which it will vote on the tax rate; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council will vote on the proposed tax rate at its regularly scheduled meeting of September 20, 2005, which will commence at 6:30 p.m. and will be held in the City Council Chambers at City Hall at 215 East McKinney, Denton, Texas 76201. SECTION 2. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIl\1ATEL Y $30. SECTION 3. Prior to the vote on the tax rate, the City Manager and the Assistant City Manager are directed to publish in the Denton Record-Chronicle, a newspaper having general circulation in the City, the attached Notice of Vote on the Tax Rate, which is made a part of this resolution for all purposes, such publication to be in compliance with the requirements of the Texas Tax Code. SECTION 4. This resolution shall become effective immediately upon its passage and approval at a regular meeting of the City Council of the City of Denton, Texas on this the 6th day S:\Our OoclJmentsiRf:soJul:ionsi05\v.ote on tax r.a1e.doc of September, 2005, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Tex. Gov't Code ~551.001, et seq. The City Secretary is hereby advised to record this resolution and the vote on the proposal to place the item for a tax increase on the September 20, 2005 City Council agenda. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: tic: Councilmember Voted For Voted Against Euline Brock, Mayor Pete Kamp Perry McNeill, Mayor Pro Tern Bob Montgomery Joe Mulroy Jack Thomson Char lye Heggins Page 2 &"::' 50-198 ~ '= (Rev.07-W4) Notice of Vote on Tax Rate The City of Denton, Texas conducted public hearings on a proposal to increase the total tax revenues of the City of Denton Texas from properties on the tax roll in the preceding year by 5.20/0 percent on . Sgptember 6, 2005 and September 13,2005. . The City Council of Denton, Texas is scheduled to vote on the tax rate that wi II resu It in that tax increase at a public meeting to be held on Sgptember 20, 2005, 6:30 p.m., City Council Chambers, City Hall, 215 E. McKinney St., Denton, Texas 79601 AGENDA INFORMATION SHEET AGENDA DATE: September 6, 2005 DEPARTMENT: Electric Utility Howard Martin, Utilities 349-8232 .. ACM: SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas, providing for the amendment of Ordinance No. 2004-387 which provides for the Schedule of Miscellaneous Fees, Service Charges, Deposits, Billings and Procedures for Administrative Services; by adding a provision that victims of family violence who reside in Denton, Texas, who are City of Denton Utility customers, applying for utility service may have their deposit requirement to Denton Municipal Utilities waived, provided that a victim of family violence presents a completed, signed certification letter in a form approved by the city attorney or his designate, and that they meet the criteria specified by Texas Family Code, Section 71.004; providing for a repealer; providing for a severability clause; and providing for an effective date. (The Public Utilities Board recommends approval by a vote of 5-0.) BACKGROUND Victims of family violence who are trying to escape their abusive environment are often caught in a difficult "catch 22". They have had no personal credit history and have no money when they leave their abuser. As they begin the process of rebuilding their lives, they find that, because they have no credit history, they can not get something as simple as utility services without providing a deposit, which they do not have. In March of 2005, the Public Utility Commission of Texas (PUC) instituted a policy that addresses this problem by issuing the following ruling that applies to electric service providers under the jurisdiction of the PUC (affiliated Retail Energy Providers and Providers of Last Resort). "A residential customer or applicant may be deemed as having established satisfactory credit if the customer or applicant has been determined to be a victim of family violence as defined in the Texas Family Code 971.004, by a family violence center as defined in Texas Human Resources Code 951.002, by treating medical personnel, by law enforcement personnel, by the Office of a Texas District Attorney General, or by a grantee of the Texas Equal Access to Justice Foundation. This determination shall be evidenced by submission of a certification letter developed by the Texas Council on Family Violence. The certification letter may be submitted directly by use of a toll-free fax number to the affiliated REP or POLR." The PUC does not have jurisdiction over municipal utilities in this area. Therefore the PUC ruling is not applicable to any City utilities, including Denton Municipal Electric (DME). Furthermore, the City's situation is somewhat different than the issue addressed by the PUC ruling, which impacts only electric utilities and telephone providers. The City does not have a separate electric service deposit. The City's deposit policy covers all utility services provided by the City and fees, such as the drainage fee. In the early part of June, DME was asked by a representative of the local Friends of the Family organization to consider adopting a policy identical to the Public Utility Commission's ruling shown above. DME agreed to present the issue to the Public Utilities Board and City Council for policy guidance. When a residential customer requests utility service, the City's present policy is to charge a deposit of$150 or an amount equal to 1/6 of the last 12 months of billing at the service location if: ". . . . . . a residential customer requests utility service in the City of Denton service area and does not have twelve (12) months of good credit standing with the City of Denton or another utility system for the type of service requested, or does not have a co-signer with twelve (12) months of good credit standing with the City of Denton, or does not request and demonstrate a passing credit rating through a credit reporting agency." There is a $13 charge per credit report if the City obtains a credit rating from an outside agency on the customer's behalf. Furthermore, if a customer's utility service is disconnected for non- payment the customer is required to pay a deposit sum up to, but not greater than 1/6 of the last 12 months of billing at the service location, before their service is restored. The proposed Ordinance (Exhibit 1) would utilize the same criteria for waiver of the initial deposit criteria for a victim of family violence that was established by the PUC ruling. An individual would have to present a certification letter to the city's Utility Customer Service Department in the identical format developed by the Texas Council on Family Violence pursuant to the new PUC ruling (Exhibit 2). The five types of entities that are acceptable to the City's Utility Customer Service Department that certify an individual as a "victim of family violence" would also be identical to the entities that are named in the PUC ruling. The proposed Ordinance only allows a waiver of the initial deposit requirement. The last sentence of Section 1 of the proposed Ordinance clearly states that: "No other relief from the City's utility rates, or deposits, or charges, or fees is hereby provided to "victims of family violence." In the event any individual who has received the proposed waiver fails to pay their utility bill, they will be subject to all fees, penalties and other charges established in Ordinance 2004-387, including the requirement to provide a deposit prior to their service being restored. OPTIONS 1. Recommend that the City Council approve the proposed Ordinance as written. 2. Recommend that the City Council approve the proposed Ordinance with specified changes. 3. Recommend that the changes shown in the proposed Ordinance be included in the rate tariff package that will be proposed to City Council for FY06. 4. Do not recommend the approval of a deposit waiver for victims of family violence. 2 RECOMMENDA TION DME is neutral on this issue. PRIOR ACTIONIREVIEW (Council, Boards, Commissions) On August 8, 2005, the Public Utilities Board recommended approval by a vote of 5-0. FISCAL INFORMATION It is not possible to estimate the fiscal impact of this proposal. However, Frends of the Family has indicated that the number of applicants for the waiver is likely to be about two a month. In the event that implementing this proposal creates too great of a negative impact on the City's utility departments, the Utilities would inform the PUB and Council and request that the right to a waiver be rescinded. EXHIBITS 1. Ordinance 2. Certification Letter Respectfully submitted, Sharon Mays Director of Electric Utilities 3 ORDINANCE NO. 2005 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 2004-387 WHICH PROVIDES FOR THE SCHEDULE OF MISCELLANEOUS FEES, SERVICE CHARGES, DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES; BY ADDING A PROVISION THAT VICTIMS OF F AMIL Y VIOLENCE WHO RESIDE IN DENTON, TEXAS, WHO ARE CITY OF DENTON UTILITY CUSTOMERS, APPLYING FOR UTILITY SERVICE MAY HAVE THEIR DEPOSIT REQUIREMENT TO DENTON MUNICIPAL UTILITIES WAIVED, PROVIDED THAT A VICTIM OF FAMILY VIOLENCE PRESENTS A COMPLETED, SIGNED CERTIFICATION LETTER IN A FORM APPROVED BY THE CITY ATTORNEY OR HIS DESIGNATE, AND THAT THEY MEET THE CRITERIA SPECIFIED BY TEXAS FAMILY CODE, SECTION 71.004; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 71.004 of the Texas Family Code, as amended, provides the definition of the term "victim of family violence"; and WHEREAS, the Public Utility Commission of Texas has earlier this year required that utilities regulated by it provide for relief from the payment of a deposit for victims of family violence who apply for utility service; provided that a duly-authorized certification letter is presented to the utility; and WHEREAS, Denton Municipal Utilities, though not regulated by the Public Utility Commission of Texas, because it is a municipally-owned utility, nonetheless, is of the opinion that the policy of the Public Utility Commission of Texas is a sound policy; and accordingly, that the City Council of the City of Denton should follow that policy; and WHEREAS, that the Denton City Council finds that the current City of Denton, Texas ordinance regarding miscellaneous fees, service charges, deposits, billings and procedures for administrative services to City utility customers, contained in Ordinance No. 2004-387, effective as of October 1, 2004, and approved on September 21, 2004, should be amended to include a provision providing for specific relief from the payment of a utility deposit for victims of family violence who properly apply for City utility service; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance No. 2004-387 be and it is hereby amended to provide for an addition to the "Miscellaneous Fees, Charges and Deposits" to be inserted following the "Service Deposits" provision found at page 7 thereof. The new provision reads as follows: 1 EXHIBIT 1 "WAIVER OF SERVICE DEPOSITS APPLICATION Applicable when an Applicant is a citizen of the City of Denton, Texas and who also is a "victim of family violence," applies for utility service in the City of Denton, Texas. To be a qualified as a "victim of family violence" an Applicant must secure and provide a certification letter, provided by one of the certifying entities to the Utilities Customer Service Department. If a proper, dated and completed certification letter is presented by or on behalf of the Applicant to the Utilities Customer Service Department, and its issuance is verified by the Utilities Customer Service Department, then the requirement of a utility deposit shall be waived for that Applicant. This provision is applicable solely to "victims of family violence" as defined by Texas Family Code, 971.004, as amended. No other relief from the City's utility rates, or deposits, or charges, or fees is hereby provided to "victims of family violence." SECTION 2. 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 3. 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 4. This ordinance shall become effective from and after the date of its adoption by, and approval of the City Council. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY WWMffO By: s: lOur DocumentslOrdinancesl051F amily Violence-Amended Ordinance-Utility Deposit- 200 5. doc 2 CERTIFICATION LETTER * * * * * FOR A VICTIM OF F AMIL Y VIOLENCE FOR WAIVER OF CITY OF DENTON, TEXAS UTILITIES DEPOSIT This letter hereby certifies that (Name of the Applicant for City of Denton, Texas municipal utility service) is a victim of family violence (as defined in the Texas Family Code ~71.004, as amended); and because of that status, therefore demonstrates acceptable credit for purposes of establishing the municipal utilities service offered by the City of Denton, Texas, without paying the usual customer utility deposit to Denton Municipal Utilities. The following Certifying Entity has made a determination that the above-named Applicant is a "victim of family violence" as defined in Texas Family Code ~71.004, as amended. [One of the following "Certifying Entities" is required.] Family Violence Center (Agency Name and Address): Treating Medical Personnel (Name of Clinic /Hospital and Address): Office of the Texas Attorney General (Specify Division and Address): Office of the Texas County or District Attorney (Specify Division and Address): Texas Equal Access to Justice Foundation Grantee: (Specify Name of Grantee and Address): By my signature, I hereby certify that the above named Applicant has been determined to be a victim of family violence, as defined in Texas Family Code ~71.004, as amended; and I state that I am an employee of the above-referenced certifying entity, and am qualified to make that determination. Signature Date Job Title Name of Certifying Entity Telephone Number of Certifying Entity 1 EXHIBIT 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 6, 2005 Economic Development Mike Conduff, City Managertflt. SUBJECT Consider appointing a nominating committee to develop a slate of appointees for the Economic Development Partnership Board. BACKGROUND Economic Development Partnership Board (EDPB) members serve two-year terms and may serve as many as three terms. The process requires that the City Council appoint three of its members to serve as the nominating committee, who will meet with the Chamber of Commerce Board Chair to consider recommendations by the Chamber Board of Directors. The committee is asked to confirm with each nominee their willingness to serve. Our ordinance provides that EDPB members must fall into specific categories when they are originally appointed to the Board - City Council member, Chamber of Commerce Board of Directors, Top Twenty Taxpayer and University of North Texas appointment. They may continue to serve on the EDPB even if they no longer fill the category requirement. For example, Mayor Brock has served one two-year term on the EDPB and is eligible to serve four more years (two, two-year terms) even though she will no longer be a City Council member after May 2006. Jerry Mohelnitzky's Chamber Board membership term will end in April 2006; however, he is eligible for one additional term on the Chamber Board. The following three EDPB members' places are up for reappointment or replacement: Euline Brock - City Council category Jerry Mohelnitzky - Chamber of Commerce Board category Harry Crumpacker - Top Twenty Taxpayer category ESTIMATED SCHEDULE OF PROJECT The EDPB will meet again in October 2005. Staff recommends that Council formally appoint the EDPB members no later than the October 4, 2005 City Council meeting. Respectfully submitted: Linda Ratliff, Director Economic Development Department - 1 - AGENDA INFORMATION SHEET AGENDA DATE: September 6,2005 DEPARTMENT: City Manager's Office CM: Mike Conduff, City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND At the August 16 City Council meeting, Council Member Kamp nominated Gabriel Daley to the Traffic Safety Commission. This nomination needs to be voted on. The following is a list of current board/commission vacancies: Construction Advisory and Appeals Board - Council Member Montgomery has a nomination. Zoning Board of Adjustment - Lee Ann Nutt has declined to serve again. There are two alternate "All" positions available for nominations. If you require any further information, please let me know. 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FAX (940) 349-8236 CITY MANAGER'S OFFICE MEMORANDUM TO: Mayor and Members of the City Council\ FROM: Betty Williams, Director of Management & Public Information DATE: September 6, 2005 SUBJECT: Citizen Concern Regarding Future Budgets Because she is working out of town and may not make it back to Denton in time for the public hearing this evening, Joyce Poole, 3021 N. Bonnie Brae, came into the office today to relay the following comments regarding the 2005/2006 proposed budget. Ms. Poole is concerned about the escalating costs for services in Denton, especially in regards to rates for Solid Waste service. She provided the attached copy of a bill and services for residents of the City of Allen. She stated that for the cost of $9.92 per month that residents were provided with two 90-gallon trash carts and one recycling cart. Waste is picked up once a week. She is concerned that the rates for Solid Waster service in Denton are increasing. Ms. Poole requested that Council make it a priority in the upcoming fiscal year to make rates reasonable for our citizens. She stated that the city should get back to basics and focus on health, safety and welfare of its citizens. She also stated that the city could forego some other items and focus on these issues. Cc: Mike Conduff, City Manager Kathy DuBose, Assistant City Manager Howard Martin, Assistant City Manager Vance Kemler, Director of Solid Waste Jane Richardson, Assistant City Secretary "Dedicated to Quality Service" www.cityofdenton.com ~ ~m.~t\D> l~~~,,~~,"n'!!)r~~J~'~'~~$1 Rate Clas. : RESiDENTIAL Last payment amaunt/d.te: 1928 ARMSTRONG DR Lalit B111 Amount Pill/menh AdJustments Deb1t/C~ed1t Amt JA Se~vice P.~1od Daus 2/21/0~ 3/24/05 31 39. 31 3/25/05 Mete~ Numb.~ Mult Units 75379202 1.000 HGAl. Cu~r.nt Previous 1.0449 10420 Charge 8.22 3.21 Consumption 15.00 14. 00 1500 Gallons iW 1". ~~,,~g;{-:.-;QOl ,." c1.';:. ,_m';:: ~~. . .~~"_' .!'Af;:g~,:......: -"f"~' -. ;::l!'li;~ ~ ~:i:':','. ".'.'j"i:>t;,li.":"' I . .. - ",... ~'"-..,~. ""'S'" ~.~::. ~' .,.,,- 'i{".'t~-JMi~'!}:~ ~-'l ~,~ -;it~~'~ r~/:~';~17:6,~:~r~~':s,~: ~ ;='!' -: ;~ ,;~ \ ';:~11~':r~~"~.-l):: ~ ":~r~;:7~' .:~ ,: .".:';;'(;,4;o:":\.r.,iVlJ.. ' . . :/.~_'/' ~.'.~~,. ~ 'i".:.<:;....~,..;-....l." e F ~::.~; .~i.':f ~:; ~~~:~. r~ .~1,;:t~.~'~~fi~.~~~.:~~~lri~~i~T\,;J~1.;;1!~I;~~~~~'~~ ~f!tij!:;~lm~n~trJ:1?~;~~~(~r: :, ~'I fi,SfQt'-:;..: '-. c '.."....,..., ":,...;1,,."'lliL.,.~\~~"...tl;'~'I"I'~"~''''>'''' ..~~)~~ti~.~!;j!~.~1~;::~;:~~;.~~~~Wf~1~;~!,~~:V~'i.~H1~~\f~~~!1~~~\W~?f~:f~1~\1Ht~~ :r I,i 'R '\jl;;,~ :,;':,;,~,' ',.~;\", i . ",j\\(t~" "';\~t~l:::" /loVST'''lf''' cQ,e.t P.~,:),h,q.alk' ~({~~~., r:~1 '~,< ~.~:;L..1;'. . ~n ~;:..t~ ,,'< .', 1r' ; t. .....1 .. .... i:"':t!i\' .l:\;..;/',:iir:,.,~j! /ii'L.:;;!!i.:~. ., o I~ \ ~ c ~\. ~ ,AbC~~ ""; I' . .;~.. .;'::~.:".....~: ~': ;';:.\,_;i~'11 j~~:'<: Billing Q"estion. Call: :ity of Allen Utilities Allen Civic Plaza 05 CenluryParkway Allen. Tex,", 75013 (9Jt) 727-0180 :FleE HOURS ~OAY:F!,,!DAY 39.31 39.31- .00 .00 Usa,g,e ",9 Total 11.43 16.24 9, 92 ,33 2.75 85 41..52 --.--n5-' ~~~- \... 41. 52. 50.00 1.29 The City of Allen provides your trash and recycling pickup lhrough Camm\U1ity Waste Disposal (CWD.) For riJi.I=l pickup cr que.<Iions regarding yoJI' ~<h or ,;,.,ycJln& seMce, pl= ront:lct the Customer Service DepllrtITl<nt of cwO at 972.392.9300. ./ Waste Wise Reminders It's great to have polycart collection! The CWD trash and recycle trucks use their automatic arm to pick up 5200 carts an hour. Help us streamline this process even more by following these simple guidelines: . Make sure all your trash is bagged before putting it in your trash polycart: . Yardwaste is banned from disposal in your polycarls. Remember to brown bag your yard trimmings and we'll compost them! . -Put your polycarts out for collection by 7am, , with the lid dosed; un your designated day. . Keep your polycarts at least two feet away from everything, including other polycarts. " . Once your polycarts are empty, roll them to a convenient storage area. Polycarts cannot remain at the collection point after midnight on your collection day. Damaged Polycart? ~ For FREE repair call CWD at 972.392.9300 x 202 't Dump Your Junk Put up tolive large household items at your trash collection point for bulk pick up by 7am on "M on eTa y OfY6UfdesigiialetlliveelC'Cbl[ecti6rj" " may occur any time between Monday and Wednesday of your week. Trash Dav Bulk Dav Starts Monday 1 'I Monday Tuesday 2nd Monday Wednesday 3,eI Monday Thursday 3,eI Monday Friday , 41h Monday Or dump two loads per month for FREE at the Custer Road Transfer Station. You will need your current water bill and driver's license. 9901 CusterRoad, 972.727.6341 News About Your Water After a six month educational effort, the City is now enforcing watering guidelines set forth in the Water Conservation Ordinance (2332-9-04). ' Top things you should know are: . Watering is prohibited between 10am-6pm, June i-September 30 of each year. . Watering of your lawn or landscape is prohibited when it is raining or during freezing temperatures. · 2Z~~~i:~n;r ~i6.:,.:/:,'Y,"~X',~'.~, where a ~.c ,. "".~. ." constant ---- -- " ,stream of water overflows from your lawn or landscape on to a street or other drainage area is prohibited, . Direct watering of impervious surfaces (driveway. street, parking lot) is prohibited. Read The Ordinance Find a copy online at www.citvofallen.orq (under Community Services), at the Allen Public Library reference desk or at City Hall in the City Secretary's office. $$ Money Money Money $$ To reward residents who lake water conserving measures, the City has a H20me improvement rebate program! Eligible rebate items include rain and freeze sensors for irrigation, water efficient washing machines, and much more! $ RiMTf~PROG~~;i u Visitwww.citvofallen.org and click on the Rebate Program logo or visit Utility Billing in City Hall for details! ????? Questions ForCoinmunity Services ????? Visit www.citvofallen.orq OR ,call 214.509.4500 LtD NOTICE OF PUBLIC Z05-0002 HEARING The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, August 10, 2005, to consider making a recommendaUon to City Council concerning the rezoning of approximately 11.58 acres from Neighborhood Residential (NR-2) zoning district to Neighborhood Residential (NR-4) :zoning district. The property is located approximately 360 feet south of Paisley and 425 feet west of Mack Drive and is adjacent to the southeast border of Audra. (Z05-0002, Laurel Oaks, Lori Shelton). The publiC hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the publiC hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: --- --- - -- _.,~. - .----. Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Please circle one: Neutral to request Opposed to request Reasons for Opposition: ~) fZ" '" ))~ C7/J , -- i Mailing Address: City, State Zip: Telephone Number: ,> f"pO . Ph-' ~. 0<9 .~,6. // tJ~ ,2 ~.- t7.5 CITY OF DENTON, TEXAS CITY HALL WEST' DENTON. TEXAS 76201 . 940,349.8541 . (F) 940.349.7707 '100' P&Z Nolice Planning and Development Department 221 N. elm St. Denton Texas 76201 Att; Lori Shelton, project manager 08/26/2005 609 Audra Ln. Denton Tx. 76209 Telefono 940-243-361 I Yo Blanca M. Oro;zco. Regrese un NOTICE PUBLIC HEARING Creo aberlo mandado haec tre~Jll!lSes atras; en dieha notificacion me opuse .a que costruyeran. apartamentos: pero si el proyecto a cambiado. Ha hacer casas unifamiliares, estoy de lBIUllJIIlo. Estey de acuerdo,con dicho proyecto. Por favor cuando me envien; NOTICE PUBLIC HEARING en espai'iol si no es mueho ineonveniente para ustedes gracias. De anlemano reeiba mi mas cinceras graeias por tenemos en cnenta con sus nuevos proyeetos /;~-~- [LoriShelton _ Re: letter of oe osiiton for l05-0002 Laurel Oaks PaQe 1 From: To: Date: Subject: Deborah Viera Lori Shelton 8/29/052:19:22 PM Re: letter of opposition for ZOS-0002 Laurel Oaks Send any future letters in Spanish. I already returned a notice back to you. I'm opposed. Deborah Viera, AICP Planner II City of Denton Comprehensive Planning & Research Division 940.3498368 (Office) 940349.7442 (Fax) >>> Lori Shelton 8/29/20052:04 PM >>> Would you please translate this letter of opposition and forward the translation back to me? Lori Shelton Project Manager crty of Denton 940-349-7274 fax 940-349-7442