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Home My WebLink AboutAugust 15, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL August 15,2006 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, August 15, 2006 at 2:30 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 2006-07 Budget and the 2006- 2011 Capital Improvement Program. 2. Receive information, hold a discussion and give direction regarding city recognition and support for the establishment of a charter school (NorthPointe Academy) by University Behavioral Health of Denton. 3. Receive a report, hold a discussion and give staff direction on proposed atrendments to the Development Code related to infill development regulations. (DCA05-0005) 4. Receive a report, hold a discussion and give staff direction regarding the Airport Terminal Project. 5. Receive a report, hold a discussion and give staff direction re garding proposed Charter Amendments. 6. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of August 15, 2006. 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. The items set forth below constitute deliberations regarding personnel matters under Texas Government Code Section 551.074. Therefore, the Council reserves the right to convene into a closed executive session to discuss these matters. 1. Deliberate and discuss the evaluation of candidates for City Manager. 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 S551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, S551.001, ET SEO. (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 S551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda August 15,2006 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, August 15, 2006 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/PRESENT A TIONS A. Proclamations/Awards B. August Yard-of-the-Month Awards 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - M). 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 - M 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 authorizing the City Manager to accept a grant from 3M Innovation and Public Information Kiosk, Inc., for an E-Branch Library; determining the ordinance was passed in compliance with the Open Meetings Act; and providing an effective date. The Library Board recommends approval (7-0). B. Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 16 by amending Article II entitled "Junk Dealers and Dealers in Secondhand Merchandise"; providing for a severability clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. C. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of gasoline and diesel fuel; providing for the expenditure of funds therefor; and providing an effective date (Bid 3530 - Annual Contract for Gasoline and Diesel Fuel in the estimated amount of $2,000,000). City of Denton City Council Agenda August 15,2006 Page 3 D. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Tire Repair and Tire Changing Services; providing for the expenditure of funds therefor; and providing an effective date (Bid 3531 - Annual Contract for Tire Repair and Tire Changing awarded to Briscoe Tire Inc. in the estimated amount of $100,000). E. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of replacement parts for the effluent water filters at Pecan Creek Water Reclamation Plant from Infilco Degremont, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3552 - Replacement Parts for the Effluent Water Filters at Pecan Creek Water Reclamation Plant in an amount not to exceed $27,705). The Public Utilities Board recommends approval (5-0). F. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of Natatorium Medium Pressure Ultraviolet Light Disinfection System; providing for the expenditure of funds therefor; and providing an effective date (Bid 3539 - Natatorium Medium Pressure Ultraviolet Light Disinfection System awarded to Texas Aquatic Supply, Inc. in the amount of $52,700). G. Consider adoption of an ordinance of the City of Denton authorizing an extension of a lease agreement between the City of Denton, Texas and the Greater Denton Arts Council, Inc. for leasing and renovation of certain real property owned by the City of Denton; providing for the expenditure of funds therefor; and providing an effective date. H. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Historical Park Foundation of Denton County, Inc. to refurbish the Quakertown House, an African American Historical Museum; providing for a $2,000 expenditure of funds therefor; and providing an effective date. I. Consider adoption of an ordinance of the City of Denton, Texas authorizing the Interim City Manager to execute on behalf of the City of Denton Amendment No. 3 to an Airport Project Participation Agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport, and declaring an effective date. The Airport Advisory Board recommends approval (5-2). J. Consider and confirm the re-appointment by the City Manager of Vicki Henington to the Civil Service Commission. K. Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement by and between the City of Thnton, Texas and City of Denton City Council Agenda August 15,2006 Page 4 The Town of Argyle, Texas to provide gas well inspection services; and providing an effective date. The Public Utilities Board recommends approval (4-0). L. Consider adoption of an ordinance providing for the expenditure of funds for the emergency purchase of a brush truck fire apparatus in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3587 - Emergency Purchase of Brush Truck Fire Apparatus awarded to Philpott Ford in the amount of $33,633 for the cab/chassis, and Wildfire Truck and Equipment in the amount of $37,682 for the body/skid for a total award of$71,315). M. Consider approval of the minutes of: July 12, 2006 July 18, 2006 SS July 18, 2006 4. PUBLIC HEARINGS A. Hold a public hearing and consider the adoption of an ordinance to amend a previously approved Specific Use Permit that would allow a drive through in conjunction with an existing dry cleaning facility and an existing doctor's office building. The property is located near the northeast corner of Lillian Miller Parkway and Wind River Lane. The approximately 0.720 acre site is within a Neighborhood Residential Mixed Use (NRMU) zoning district. The Planning and Zoning Commission recommends approval (5-0). (Kwik Dryclean Super Center, S06-0005) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 26, 2006, City Council Public Meeting Agenda to adopt a 2006 tax rate that will exceed the lower of the rollback rate or effective tax rate; calling two public hearings on a tax increase to be held on September 12,2006, and September 19,2006; requiring publication of a Notice of Public Hearings on Tax Increase in accordance with the law; and providing an effective date. B. Consider approval of a resolution of the City of Denton City Council requesting the Texas Municipal League oppose legislation that would limit or prohibit a city's ability to make and sell compost/mulch products, inside and outside of the city limits; and providing for an effective date. C. Consider approval of a resolution of the City of Denton City Council requesting the Texas Municipal League support legislation to place a ooratorium on the creation of special districts until the state legislature can appoint a task force to study their adverse affects; and providing for an effective date. D. Consider nominations/appointments to the City's Boards and Commissions. City of Denton City Council Agenda August 15,2006 Page 5 E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Eliborio Beltran aka Eli Gemini regarding Interfaith Ministries. B. Jordan Hudspeth regarding concerns of Southeast Denton. C. Lanisha Hudspeth regarding concerns of Southeast Denton. D. Hagar Hudspeth regarding concerns of Southeast Denton. E. Willie Hudspeth regarding concerns of Southeast Denton. F. Dave Jackson regarding the drainage problem on Lance Lane. G. Robert Donnelly regarding city business. H. Bob Clifton regarding city business. I. Gerald DeMarsh regarding the Police Department and the City Council. J. Charles V oellinger regarding Fry Street Development and historic development. F. New Business This item provides a section for Council Members to suggest items for future agerrlas or to request information from the City Manager. G. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CER TIFICA TE 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 , 2006 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING l-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 2006-07 Budget and the 2006-2011 Capital Improvement Program. BACKGROUND The 2006-07 Proposed Budget was submitted to City Council on July 31, 2006, and a workshop to present the details of the budget to City Council was conducted on August 2, 2006. This agenda item is being scheduled to allow the City Council to ask any follow-up questions that you may have regarding the proposed budget. The following describes the schedule to adopt the budget and tax rate. September 12 Public Hearings on Budget and Tax Rate (1st hearing) City Council Budget Study September 19 Second Public Hearing on Tax Rate City Council Budget Study September 26 City Council Adopts Budgets and Tax Rate Respectfully submitted: ,.." ~....:..-....-.~ I . .. - :" Lt '~ . _~ ~ . ,,~ Jon Fortune Assistant City Manager AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 DEP ARTMENT: CMO Howard Martin, Utilities 349-8232 .. ACM: SUBJECT Receive information, hold a discussion and give direction regarding city recognition and support for the establishment of a charter school (NorthPointe Academy) by University Behavioral Health of Denton. BACKGROUND University Behavioral Health (UBH) is proposing the development of a charter school, NorthPointe Academy, in the City of Denton. The charter school will assist students who are at risk or the "non-traditional" student. Letters of recommendation from the community are essential in establishing a State of Texas approved charter school. Mayor Perry McNeill was contacted by Mr. Jimmye Lou Cockrell regarding the City of Denton recognition and support of the establishment of a charter school by the University Behavioral Health of Denton. The University Behavioral Health currently operates a 105 bed, hospital unit located at 2026 University Dr. in Denton. This hospital is a regional center for mental health and chemical dependency care for children, adolescent, adults and seniors. They specialize in depression, suicidal behavior, chemical dependency issues and mental health problems. In conjunction with their existing facility, Mr. Cockrell indicated that the organization was in the process of developing a charter school for continuing education of school age children. N orthPointe Academy will service grades 5th through 9th the first year of operation and will add 4th and 10th grade the second year of operation. N orthPointe Academy will serve the clients who attend the day hospital program at North Pointe Center UBH Hospital. It will afford an opportunity for these students to further their education in a school environment. Their first year of operation is scheduled to begin the school year of 2007. UBH is scheduled to make a presentation to the State Board of Education on September 15th, 2006 and they have requested letters of recommendation from the community. Mr. Cockrell has been in contact with Denton Independent School District (DISD) Superintendent Ray Braswell and has received a letter of support. Attached in Exhibit I is the letter of support from DISD for the establishment of the proposed charter school. On behalf of the DISD, Mr. Braswell indicates support for the development of the proposed charter school. EXHIBITS 1. Letter of Support From DISD 2. Overview of the UBH facility 3. City of Denton Letter of Support Respectfully submitted, Howard Martin Interim City Manager Denton Independent School District Dr. Ray E, Braswell, Superintendent e-mail: rbr aswe ll@dentonisd.org 1307 N. Locust St. P. O. Box 2387 940- 369-0003 Denton; TX 76201 Denton, TX 76202-2387 Fax: 940~369-4982 April 12, 2006 Dear Members of the Charter School Review Board: This spring my office has received inquiries from nine charters wanting to come into the Denton ISD service area. Of these nine requests I can support only one application - that being the NorthPointe Academy. This academy proposes to provide educational services to students emolled in a psychiatric day hospital for emotional and/or behavioral problems. This academy would \vork in cooperation, not competition with the Denton LSD and the other educational entities in this service area. Students undergoing psychiatric treatment need an educational setting that works with the treatment regimen and compliments the services being provided~ The public school setting cannot ideally make all the accommodations needed for these students. The academy at NorthPointe is being designed to support the students in treatment ,^,hile at the same time coordinate services with the public schools ensuring an appropriate transition to public school once a child is medically released~ It is my opinion that charter schools need to provide an area of service not currently addressed by other educational entities. NorthPointe Academy proposes to fill a growing educational need and I can support their application for charter status. Sincerely> Ray Braswell Superintendent Exhibit 1 Universitx Behavioral Health ~ . i . j ~ ~ ~ , j , ; . : UNNER$\1V SENAvroRAL HeALt).t ~ .~ : ~~:~ :dl gggEg~q~gn~nHfE ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~; ~ ~ ~ ~ ~ ~ ~ nU~~nn~tdtE~~g;~ti.~=b> ~~ ~ ~;. ~:~ f ~. L'I~V,i~: ^, m",,"'"'''' ,," ",. '! OVEaV". ~J$~,~~~CES cQ~u-I:~UM 017~. .. ...'~< :'.~ ." vount~A(ZU~E. p~~< ^QU~1r ~~11~ <fHf1 ~ (~~~t>L~~x.;b~=::kn~~\0F~?2~(~P~ ~; ~; ~ ~;. ~;::; ~;:. ; ~ ~-~". ~ Jr~?fd HH~J ~</4~ H~ :, $2mlAl.;T~(~" '. '. N>, ;i ~~W'~T.~ P~,M_tr~l~~ OV~~() ~tlllG ~flVtCa MIN~TH~~~ ri::D~i:=~~~'!f">'~":":""'."~::~~:::! ST~, C~~ INK1WA~N MAPS&~~ EMP.Lat~,~~~~ ~~,NJs; OVERVIEW he staff at UBH Denton provides an individualized reatment approach for each client and family. Each rogram's services are appropriate to the scope and level f care required by the client population served. Each rogram has specified admission, continued stay, and ischarge criteria as outlined by"' the Continuum of Care olicy and Procedure. he clinical goals for each program are as follows: . To provide comprehensive, timely and quality assessment for the client and his/her family; . To target specific symptoms and behaviors which require stabilization and need improvement; . To impro\re the functioning of the client in his/her family and community; . To utilize psychodynamic, cognitive, behavioral, fami]~y, en,rironmental, and psychopharmacological interventions as indicated; . To provide a safe and nurturing therapeutic environment to foster the development of a healthier self; . To teach the client and his/her family the identified skills needed to improve functioning~ n all programs, comprehensi,'e treatment-oriented activities are provided b~y a multi-disciplinary staff. Clinical staff provide group therapy, family therap)l, acti\ities therapyT, recreational therapy', expressive thera py and educational services~ All clinical services are delivered by qualified professional staff including, but not limited to psychiatrists, registered nurses, mental health workers, clinical social workers, psychologists, teachers, a dietitian, pharmacist, substance abuse counselors and recreational or activity therapists. Clinical services that are not available with the facility may be provided through referral, consultation or contractual agreements with area professionals and other health care facilities~ http://www.ubhdenton.netlSOV _overview ;html Page 1 of2 Exhibit 2 8/4/2006 ~ Universi~ Behavioral Health University Behavioral llealth 2026 University Dr. Denton, Texas 76201 (940) 320..8100 All text graphicsJ artwork @ 2005-2006, University Behavioral Health of Denton unless otherwise noted. http://www.ubhdenton.net/SO V_overview .html Page 2 of2 8/4/2006 INTENSIVE OUTPATIENT PROGRAM This program is designed as a step-do'Wll program for clients who need more than traditional outpatient care but less than a full day's programming to maintain sobriety, recovery goals or stabilization of psychiatric symptoms. This program offers primarily group therapy 3 to 6 times per week with the option for the physician to order 4 hour treatment blocks~ PARTIAL HOSPITALIZATION PROGRAM The Partial I-Iospitalization Program is an intensive day treatment program that provides therapy up to six (6) hours a day, five days a week. Adults or Youth experiencing acute psychiatric or emotional symptoms that impair their capacity to function full)T on their O\Vn can benefit fro"m the Partial Hospitalization Program. The goal of treatment is to stabilize sympto"ms, pro"mote gro\vth, and prevent hospitalization. DUAL DIAGNOSIS PROGRAM The Adult Dual Diagnosis Program is designed for the treatment of clients, ages 18 or over with a dual diagnosis which includes a chemical dependency diagnosis with a secondary ps:ychiatric diagnosis meeting admission criteria for medically supervised inpatient behavioral health treatment. Medical detox is provided to all clients requiring this level of care. A physician order is required for a client to mo've from the detox phase of treatment and into the acute recovery' phase. The Adult PS)Tchiatric Program also includes faith based and gero-ps)Tchiatric treatment services. GERIATRICSERVlCES UBH prides itself on being a leader and specializing in the field of gerontology and the mental health needs of the elderly~ As people age they may become more susceptible to depression, disorientation, sleep disorders, paranoia, manic behavior and other mental and physical disorders. Medical conditions and certain prescription medications can aggravate anxiety, insomnia, loss of appetite and other symptoms of mental illness~ Physical changes and psychosocial losses related to the aging process can also cause emotional distress. MINIRTH CHRISTIAN INPATIENT PROGRAM The Minirth Christian Program is a place where people can receive guidance to look toward their faith in God as they seek healing in their life. YOUTHACUTETREATMENTPROG~ The Youth Treatment Program is designed for the treatment of children and adolescents, ages 4 through 17, with primary psychiatric diagnoses who meet the criteria for medically-supervised, inpatient acute psychiatric treatment. Clients may also have chemical dependency needs and/or diagnoses. A structured program of recovery and chemical dependency education track is provided for those clients. ADULTPSYCH~TIUCPROG~ The Adult Psychiatric Program is designed for the treatment of adult clients, ages 18 and over, with primary psychiatric diagnoses who meet admission criteria for medically supervised inpatient psychiatric treatment. Some clients may have a secondary substance abuse diagnosis. 215 E. McKinney Street Denton, Texas 76201 (940) 349-7717 FAX (940) 349-8596 OFFICE OF THE MAYOR August 10, 2006 Board of Education Texas Education Agency Dear Board Members: University Behavioral Health (UBH) is proposing the development of a charter school, NorthPointe Academy, in the City of Denton. The charter school will assist students who are at risk, "non-traditional" students, who will be patients in the UBH Facility. NorthPointe Academy proposes to provide educational services to students enrolled in a psychiatric day hospital for emotional and/or behavioral problems. Students undergoing psychiatric treatment need an educational setting that works with the treatment regimen and compliments the services begin provided. The academy at NorthPointe is being designed to support the students in treatment, while at the same time coordinate services with the public schools ensuring an appropriate transition to public school once a child is medically released. It is my opinion that charter schools need to provide an area of service not currently addressed by other educational entities and NorthPointe Academy proposes to fill such a growing educational need. The Denton City Council is in support of this charter school application. Sincerely, Perry R. McNeill Mayor "Dedicated to Quality Service" www.cityofdenton.com Exhibit 3 AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 CM: Planning and Development . Howard Martin, 349-8232 ~ .. DEP ARTMENT: SUBJECT Receive a report, hold a discussion and give staff direction on proposed amendments to the Development Code related to infill development regulations. (DCA05-0005) BACKGROUND During a 2004 discussion, the City Council directed staff to identify those vacant infill lots less than ~ acre that might be available for acquisition, assembly and land banking. Between July-November 2004, staff identified over 100 vacant ~ acre and tax delinquent properties. No action has been taken on those lots. Utilities staff was directed to examine whether or not the impact fee discount program could be structured to apply to all infill development. Staff provided a briefing to the City Council on impact fees as it related to infill policies on January 25, 2005. Staff recommended that such incentive programs should be based upon budgeting funds to cover impact fees rather than waving impact fees due to the legal implications of applying impact fees to some users and not to other users. Following the March 2004 discussion, staff prepared a draft set of infill regulations for further discussion and review. Attachment 1 sets forth an infill program that included actions that the City can take as well as a set of Development Code amendments. Staff has met with and spoken to developers in Denton, the Chamber, the Denton Housing Coalition, and Community Development staff in order to identify specific infill issues with the Development Code. All of those groups identified their inability to complete infill development under the current regulations. A summary of these issues is provided in Attachment 2. In short, the site design and subdivision regulations were identified as the major barriers. At the July 19, 2005 meeting, Council directed that the proposed infill regulations be taken to the Planning and Zoning Commission for its consideration. The Planning and Zoning Commission agendas for August 10, September 14, September 28, October 26 and November 9 included the Infill Regulations. The Planning and Zoning Commission worked hard at decisions concerning the maximum size of an infill lot and on the boundaries of the infill area. The Planning and Zoning Commission recommended approval to the Council of the proposed amendments at its December 14, 2005 meeting. Addressing the comments of city departments, the Chamber and others, we find the following have been addressed by the proposed amendments: 1. The proposed infill regulations allow tandem driveways 2. The proposed infill regulations allow sidewalk construction to be waived 3. The proposed infill regulations allow zero lot line lots 4. The proposed infill regulations do not waive impact fees for infilllots 5. Setbacks are proposed to be compatible with surrounding neighborhood 6. An infill development boundary is proposed 7. A more specific definition of infill is proposed Some issues were considered and not included in the proposed amendments. For example, waiving platting requirements is not included in the amendments. The following issues were identified not addressed in the attached amendments: 1. All walls, which face a street other than an alley, must contain at least 25% of the wall space in windows or doors. 2. Platting may require right of way dedication beyond the existing street width. In many infill locations, it is unlikely that the existing street will actually be widened. The amendments address waiving construction requirements in such an example, but not waiving the dedication. 3. Do the site design standards apply to platted lots? 4. A stormwater study (and its implementation) for all the downtown would help infill development. During a work session on January 23, 2006, the Council last discussed the infill regulations. At that time the major issues were as follows (See Exhibit 5): . Impact Fees: The utilities department should not offer a discount but it should be available for General Government to offer, if desired. . Park Fees: a park could not be placed in an existing neighborhood so park fees would be used for new parks outside neighborhood. . Check the boundaries of the district: were some areas excluded? . If compatibility with existing neighborhoods were stressed too much, there is a chance that infill might not happen. . A common denominator needs to be raised but it should not be so high as to not allow for infill. The following sections of the proposed infill ordinance have been amended as follows: (2) 35.7.11. 3. Development Standards. This section sets standards for structure placement, height, scale, proportion, direction emphasis, design details, texture, and materials. compatible 'vvith established structures in the neighborhood. A. Where a development is proposed in a neighborhood that has the designation of historic district or conservation district., or is adiacent to a structure that is on the Texas or the u.s. historic register or., is located on or within two blocks in any direction of the Denton courthouse square or is adiacent to any historic or conservation district., then the infill development must be compatible with established structures in the neighborhood in accordance with the following standards: (3) This section has two options and is included to facilitate discussion on the applicability of the proposed map of Infill Areas (See Exhibit 3). Section 35.7.11.4 Applicability of the ordinance Option 1 : Would apply infill development standards generally in the ordinance "by definition" as a "floating zone" without predetermined geographic locations. It then can be applied at the developer's optionwhenever and wherever the specified conditions of applicability pertain. Option 2: The second alternative is applied when the infill provisions are contained in a mapped overlay district within fixed geographic limits. Standards applied "by district": This district implements the Infill and Redevelopment zone rIRZ1. The provisions of this district apply to all parcels designated "IRZ" on the official zoning map. All land uses and development., including buildings., drives parking areas., landscaping., streets., alleys., greenways., tree protection., and pedestrian/bicycle ways., shall be located and developed in accordance with the provisions of the zoning ordinance and land development regulations., except as modified by this chapter. In the fixed limit map, the following data apply: Two subdivisions were excluded from the lot/parcel count: Maple Leaf and Williamsburg Square. Both subdivisions are fairly recent. The land area inside the map boundary contains 210 unplatted parcels and 406 platted lots, all of which are two acres or less in size. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0). The Planing and Zoning Commission recommendation included a map with fixed geographic limits. The staff also recommends a map with fixed limits rather than a floating zone. A floating zone would require a developer to apply for rezoning in order to utilitize the infill floating zone. ATTACHMENTS 1. 2005 Summary of Community Comments 2. Proposed Development Code Amendments for Infill 3. Infill Maps 4. Planning and Zoning Commission Minutes 5. Council 1/23/2006 work session minutes Prepared by: o/~ Kelly Carpenter, AICP Planning and Development Director ATTACHMENT 1 Summary of Community Comments 2005 Planning and Development Department 1. Site Design Standards: . Street Trees - All new development must install street trees. . Buffer and Screening Requirements - In zoning districts that allow mixed uses, the buffer separation and fencing requirements are difficult to meet. . Site Development Requirements - Often not compatible with existing conditions: · Garage doors shall not occupy more than 40% of the total building frontage. Any garage may not extend beyond the house front. · All walls, which face a street other than an alley must contain at least 25% of the wall space in windows or doors · Orientation of building toward the street. · Five percent of the land area that is not constrained open space shall be designated in green, plaza or combination of planned open space oriented to the neighborhood. 2. Subdivision Standards: . Platting - Many of the infill properties are unplatted land and requIre platting to current zoning regulations (lot dimensions and setbacks; perimeter paving improvements; public utilities and infrastructure improvements; right-of way dedication; drainage improvements, etc.) . Setbacks - Requirements per the underlying zoning districts are often not compatible with setbacks in surrounding areas and/or lots are often too narrow in width and/or depth to meet setback requirements. . Sidewalks - Installation of sidewalks required for all new developments. In many infill neighborhoods, sidewalks do not exist. New platted lot requires the construction of sidewalks, which do not connect with any existing pedestrian facility. Subdivision variance or fund escrow required. . Right-of-way dedication - Platting requires ROW dedication beyond the existing street width. In practically most of the street would not be widened. A subdivision variance is required. 3. Parking Standards: . Location of Parking - Due to narrow and irregular shape of lots, the requirement to locate parking in the rear or sides is difficult to meet. . Spaces Required - Two spaces per dwelling unit; the spaces cannot be tandem parking spaces. Infill lots are usually narrow and side by side parking is not possible. A parking variance is required. 4. Infill and Redevelopment Boundary - Absence of infill development area and specific criteria. 5. Financial Incentives - City provides no financial incentives to encourage infill. (These types of incentives are often associated with affordable housing and may no longer be relevant.) Community Development Department 1. Prohibitions of tandem driveways - Many infill lots are only 50' wide and building a 20' wide driveway is often impracticable or even impossible especially when retaining existing trees. 2. Prohibition of "snout houses" - When an attached garage is desired the often narrow (50') lots make constructing a garage difficult if it is not allowed to project forward of the majority of the building's front. 3. Impact fees - Under current Utility policy if there is no record of water or sewer service to an infill lot, even if the builder finds useable water and sewer taps along the frontage, he/she will be charged the Impact Fees. 4. Sidewalks - Most infill lots are in older neighborhoods, largely built out long before sidewalks were required to be built by the developer. If the lot has to be replatted for any reason, a variance from building sidewalks must be sought on a case-by-case basis and the non-existence of contiguous sidewalks is, by definition, not allowed as an argument. 5. Park fees - Infill lots are by definition found in established neighborhoods, where the opportunity for the Parks Department to acquire land for new parks is slim. Therefore the parks fees assessed from an infill builder are actually subsidizing park acquisition in neighborhoods far removed from the where the eventual owner of the infill house will live. 6. Platting - The application of the requirement to replat or plat has been inconsistent. The Development Code should have exact language that lays out all of the triggers that will cause a replat or a plat of a lot. Denton Housing Coalition The following are recommendations by the Denton Housing Coalition regarding infill housing policies in the City of Denton. These recommendations support the use of residential infilllots for development of affordable housing. The members of the DHC respectfully request that the City Council and staff of the Planning and Development Department consider incorporating these items into the City's infill development policy. 1. Zoning and building code requirements for infill housing should be determined based on the location and building style of the immediate or adjacent neighborhoods. It is requested that some type of administrative review with decision-making ability at staff level be used to approve developments that are consistent with the building construction style and zoning characteristics of the surrounding neighborhood. 2. Review the current zoning code and consider revising the code to designate an NR-5 zoning for residential infill properties within or adjacent to neighborhoods that originally had SF - 7 zoning. It is likely that residents in these areas would not want to accept an NR-6 designation and an NR-4 would not support affordability. Although Subchapter 7 of the Denton Development Code allows the establishment of special overlay districts that could expand the density from NR-4 to NR-5, this process is onerous and expensive especially for non-profit developers. Revising the Development Code would support efficient production of infill housing. 3. Infilllots in older low to moderate-income neighborhoods often do not meet the existing development code requirements and yet, are similar to lot sizes and configurations in the area. As a result, implementation of a streamlined process designed to allow approval at a staff level for infill housing developers (five lots or less) to obtain variances for lot size and setback requirements would be appropriate. A streamlined process would support investment in these low to moderate- income neighborhoods. 4. Waive building fees and/or impact fees if non-profit organizations agree to upgrade unit construction. For example - if code requires that the unit be 50% brick and the nonprofit agrees to do 100% brick, the City should waive or substantially reduce development fees. 5. Waive the sidewalk construction requirement for developers of single lot properties in low to moderate-income neighborhoods where it is likely that Community Development Block Grant funds may eventually be used to construct sidewalks or where sidewalks do not currently exist. Construction of sidewalks in a developed neighborhood that does not have sidewalks does not support the purpose of City-required sidewalk construction. These isolated sidewalks go largely unused because they do not connect to anything. Furthermore, it is likely that when sidewalks are constructed in the area through CIP or CDBG that the previously constructed single sidewalk would have to be replaced or would not match the newly constructed sidewalks and would detract from their appearance. 6. Waive the new rule requiring side-by-side driveways for infilllots (or circular or two entryways) as it may prove to be a hindrance with non-conforming lots. The item could be waived for infill lots where the developer allows for tandem parking when side-by-side is not feasible. 7. Review the requirement that all front facades must be 25% glass. This requirement could cause a substantial energy drain and increase utility costs for owners/renters. The City should support "green building" techniques in all residential, commercial and industrial construction. Chamber of Commerce 1. Definition - What is infill? 2. ROW Consistency . If the road is built to ultimate dimensions, leave the ROW alone (maybe clean up irregularities) 3. Drainage . 100-year floodplain to 10 year - Currently require 100 when surrounding system is designed for 10. 4. Utility Locations 5. Widths of sidewalks 6. Setbacks 7. Platting - Can infill be exempted? 8. Parking spaces - Do additional parking spaces require platting? 9. TIA's - Can there be different threshold and requirements for infill? Developers 1. Uncertainty of development schedule . Working within the built infrastructure is a nightmare. Designing to existing drainage and utilities that are built per old specifications and therefore do not meet the current Code. Trying to make the drainage, water and sewer onsite meet with the older pipes through the City's utilities department is like banging one's head against a wall. This is especially true in drainage where infill does not have the area to detain - and yet must meet 100-year design - while draining to systems built for 10-year design. Large greenfield has room to build detention - infill does not. . Time it takes through the process because of City coordination is prohibitive if there are current issues with utilities or drainage in the area (which there usually is). . Unreliable as-built information for underground utilities 2. NIMBYism and BANANAS . Because of the lack of past and current architectural and site plan standards that allowed blight, citizen's usually refuse anything in their neighborhood that is different than what they have...and usually require higher standards than what they have Due to increases in public infrastructure standards, as well as other local, state and federal regulations, the cost of building identical structures has increased dramatically from when the majority of homes were built in Denton - and yet the uninformed neighbors demand the same lot sizes, home sizes, street widths, etc. Infill cannot compete with sprawl development because of this. This becomes a problem when rezoning tracts that were designated NR-2 as a holding classification - only to be held to that due to neighborhood resistance to any change. The reason for our current traffic and drainage issues is due to these old neighborhood designs. 3. Floodplain, ESA . Much of the downtown area is undevelopable due to current floodplain maps that designate a large portion of downtown as being within the 100-year floodplain. A small tract cannot develop because doing so would require a study of the entire basin (or a very large portion of it) - cost prohibitive for a small tract (which most tracts downtown are) - and yet that study would theoretically benefit all the properties within the basin. It would be foolish not to provide this study to take a majority of the extremely valuable land downtown out of the flood areas. This becomes even more pronounced as rail serves downtown. . Stream buffers should be taken completely off the maps in the urban areas. It's odd to see these so called buffers surrounding existing developed properties - draining to concrete "streams". Those need to be removed from the ESA maps. Drainage Best Management Practices (BMPs) should be in place for drainage to improved channels - and get away from the "no development" regulations of the ESA in the urban areas. 4. Construction Costs . Contractors give better prices per lot for large developments over small ones. This is due to mobilization, for example, that is a static cost and therefore takes a larger percentage of the smaller budgets. 5. Impact and other fees . Although infill development impacts the city in significantly smaller ways than greenfield projects do, the impact and park fees do not change between them. It costs much less for parks and utilities departments to maintain lines and service lots that are closer to their base of operations than spread out over the outside reaches of Denton - and yet no benefit is realized by developing infill over other less responsible development. If there is a park within so many feet of the proposed development, why should there be park dedication fees? 6. Zero-Lot line developments . The existing code does not allow for the development of zero lot line developments. 7. Location of dumpsters is problematic. ATTACHMENT 2 Amended Infill Regulations to Reflect Council Discussion of 1/23/06 Subchapter 7 - Special Purpose and Overlay Districts 35.7.11 Intill 35.7.11.1 Purpose and Intent. The purpose of this district is to provide standards for the development of infill lots in existing neighborhoods. The specific objectives of this district are to: . Allow flexibility in location, type and density within the densities supported by the Denton Plan and the Denton Development Code; . Provide flexibility in lot size, configuration, and vehicle access to facilitate infill development; . Provide clear development standards that promote compatibility between new and existing development and promote certainty in the marketplace; . Encourage development of needed housing in close proximity to employment and serVIces; . Promote neighborhood preservation and enhancement through redevelopment of blighted, distressed and underutilized properties; . Encourage mixed use development opportunities in order to provide housing and neighborhood services close to jobs; . Encourage development that is compatible with the surrounding neighborhood and that meets the city's economic development goals; and, . Encourage new development as well as preservation of a diversity of housing types and price ranges in existing neighborhoods. 35.7.11.2 Applicability and General Provisions. There is hereby established a special infill and redevelopment overlay district to be known as the Infill and Redevelopment Zone (IRZ). The boundary of the Infill and Redevelopment Zone shall be shown on the official zoning map of the City of Denton or on a separate map maintained in the office of the Director of Planning and Development. All applications for development for buildings, structures, and lots within the Neighborhood Residential, Downtown Residential, and Downtown Core Zoning Districts that are no greater than two acres may utilitize the flexibility, restrictions, limitations, and provisions of the Infill and Redevelopment Zone regulations as provided for in this article. In the case of conflict among regulations, the more flexible standard shall apply. A. Permitted Uses. . All uses permitted by the underlying Neighborhood Residential Zoning Districts (NR-l, NR-2, NR-3, NR-4, NR-6, NRMU, and NRMU-12) . All uses permitted by the underlying Downtown University Core Zoning Districts (DR-I, DR-2, DC-N and DC-G) amended 7/25/06 kec 1 B. Neighborhood Meeting Requirement. Applicants proposing to develop on infill lots meeting the characteristics of this district must conduct at least one neighborhood meeting prior to public hearing at Planning and Zoning Commission or staff approval which ever is earlier. C. Plan Requirement. A site plan is required to be submitted for infill development within the IRZ district. The site plan must be approved prior to the issuance of a building permit. D. Approval Process, Administrative Adjustments and Appeals. 1. The Planning Director is authorized to grant administrative adjustments from the following requirements up to 25% in the Subchapter 5 of the Denton Development Code for the Neighborhood Residential Zoning Districts and Downtown University Core Zoning Districts in the Infill Redevelopment Zone: height, setback, and lot coverage. Decisions on administrative adjustments are appealable to the Planning and Zoning Commission by affected property owners (those within 200 feet) and the applicant. 2. Adjustments in excess of 25% require the approval of the Planning and Zoning Commission and the City Council using the Zoning Amendment procedure set forth ins Section 35.3.4.C.2 through 35.3.4.C.4. E. Content of Application. Any person intending to develop on a lot, building or structure regulated by this Section shall file with the Planning and Development Department an application accompanied by an accurately dimensioned site plan showing the placement of all structures, and detailed scaled elevation sketches or photographs of the front and side elevations of all proposed and existing structures to remain. The applicant may be required to furnish such additional information or supporting detail as may be reasonably necessary to assure compliance with the standards herein. If the property is not platted, platting is required pursuant to the Laws of the State of Texas and the Denton Development Code, Subchapter 16 - Subdivisions. G. Compatibility. While this Section is intended to promote quality development and eliminate conditions of gross design incompatibility that have the potential for enduring a century or more, it is not intended to stifle individuality or compel rigid conformity. Recognizing that great diversity of style, often between homes side by side, is one of Denton's central neighborhood strengths, this section is set forth with the intention that the acceptable amended 7/25/06 kec 2 level of compliance with these standards will be the mInImum necessary to assure compatibility, not conformity. This Section of the Code may be augmented by the publication in the Criteria Manual of guidelines intended to illustrate the standards. Such guidelines may be referenced in the interpretation and administration of the standards herein. H. Exclusions. This section does not apply to the following: 1. Infill or redevelopment of an entire street block face or 2. Infill or redevelopment of an entire neighborhood or 3. Infill or redevelopment of land greater than two acres in size 35.7.11. 3. Development Standards. This section sets standards for structure placement, height, scale, proportion, direction emphasis, design details, texture, and materials. compatible 'vvith established structures in the neighborhood. A. Where a development is proposed in a neighborhood that has the designation of historic district or conservation district., or is adiacent to a structure that is on the Texas or the u.s. historic register or., is located on or within two blocks in any direction of the Denton courthouse square or is adiacent to any historic or conservation district., then the infill development must be compatible with established structures in the neighborhood in accordance with the following standards: 1. Placement. No new or moved structure shall be located any closer nor any further away from a street property line than the structure situated on either side of it. Building separation shall be consistent with the general character of the neighborhood. Primary structures shall be oriented with the front fa<;ade and primary entrance facing the street or shall be oriented compatibly with the neighborhood where the neighborhood orientation is not with the front fa<;ade and primary entrance facing the street. Garages shall be located consistent with the character of garage location in the neighborhood. Any lot located on an alley and situated between structures that have vehicular access only to that alley shall be developed with driveway access to the alley only. Review and approval of garage placement under this section shall be consistent with other setback regulations and exceptions of this Chapter and the building code and fire code. 2. Height, Scale and Proportion. The height of any structure shall be consistent with the character of the neighborhood. Finished floor elevations (FFE), and front yard grade elevations shall be similar to those adjacent structures unless the Floodplain Administrator requires a higher FFE. Overall height, width, scale, and general proportions shall be similar to or consistent with the character of the neighborhood. 3. Roof style and pitch of the proposed structure shall be architecturally consistent with the neighborhood character. amended 7/25/06 kec 3 4. Facade, Materials and Detail. Where neighborhood character includes discernable patterns of detail, including but not limited to, door and window trim, corner boards, cornice details, railings, and shutters, the details of any primary structure (or accessory structure visible from the public right of way) shall be compatible with such character. Where neighborhood character includes open or enclosed front porches, any primary structure shall include a similar porch. The materials and relative proportions of doors and windows of the principal structure and any accessory structure visible from the public right of way shall be compatible with neighborhood character. Siding width shall be compatible with neighborhood character. Exposed wood on any structure shall be painted or stained in a manner generally compatible with neighborhood character. 5. Maximum Lot Coverage. Lot coverage shall be compatible with the existing neighborhood character. 6. Front Yard Setbacks. Setbacks are as permitted by the underlying zone. However, the contextual setback option may be granted by the Planning and Development Director. A contextual setback is an average of the setbacks of adjacent or abutting lots. In a case where an existing structure is located within 20-40 feet of the subject site and fronts the same street as the proposed building, a front yard setback similar to that of the nearest primary structure shall be used. "Similar" means the setback is within 0-10 feet of the setback provided by the nearest structure or building. If there are two adjacent structures fronting onto the same street, then an average measurement shall be taken using the two adjacent structures. In no case shall the front yard setback be less than 5 feet, except in the NRMU, DC-N and DC-G zoning districts, where there are no minimum front yard setback requirements. B. Tree Preservation and Landscape Requirements. Infill development, as defined in this Chapter, shall be exempt from Subchapter 35.13.7.C. Street Tree Requirements. All other provisions of 35.13.7 (Tree Preservation and Landscape Requirements) apply. C. Parking. All requirements of Subchapter 35.14. (Parking Standards) shall apply. For single-family dwellings on infill lots as described in this section, tandem parking shall be allowed. D. Zero-Lot Line Dwelling. Zero Lot Line Dwellings shall be permitted on infilllots in the IRZ and are subject to the same standards as detached single family structures elsewhere in this Chapter, except that the following additional provisions shall apply: 1. When a zero-lot line dwelling shares a side property line with a non-zero lot line development, the zero-lot line dwelling shall be setback from the common property line by a minimum of five feet; amended 7/25/06 kec 4 2. Prior to building permit approval, the applicant shall submit a copy of a recorded easement for every zero lot line house that guarantees rights for construction and maintenance structures and yards. The easement shall stipulate that no fence or other obstruction shall be placed in a manner that would prevent maintenance of structures on the subject lot; 3. Placement and/or design of windows on the ground-floor of the zero-lot line house shall support privacy for the occupants of the abutting lot as well as for the proposed development; and 4. The development shall comply with the design standards in Subchapter 13 Site Design of the Denton Development Code. E. Lot size. Developable infill lots must be at least eighty percent of the required minimum lot size of the underlying zoning district. In no case shall a lot be less than 3,000 square feet in area, except in NRMU where the minimum lot size is 2500 square feet. F. Sidewalk construction. In cases where infill development is required to construct a sidewalk on abutting non-collector or non-arterial road rights of way pursuant to Section 35.20.3.B of this code, and where sidewalk does not exist along said street in front of both properties abutting the subject infill residential development site on the same side of the street, infill development shall not be required to construct a sidewalk along the noncollector and nonarterial street abutting the subject development. G. Perimeter Paving Requirements/Road improvements on abutting non-collector and non-arterial road rights-of way. In cases where a plat is required to construct a half- street road on abutting public or private street rights-of-way pursuant to Section 35.20. L, and where said street in front of one or both properties abutting the subject development site on the same side of the street has not been improved to the subject standard, the subject development shall not be required to construct a half-street road along the non- collector and non-arterial street abutting the subject development. This section does not apply where the development would occupy a full block face. H. Unless otherwise noted in this Section, all other applicable standards of the Denton Development Code and Criteria Manual apply. Amendments to 35.23. Definitions. Infill Development: Development on vacant or underutilized parcels surrounded by existing development that is contiguous on at least three sides, no greater than two acres in size, and is served with all or most public services and facilities, including but not limited to water, wastewater and drainage. (This replaces the definition currently in Section 35.23.) amended 7/25/06 kec 5 Neighborhood: a sub area of the City of Denton in which the residents (or non- residential uses) share a common identity focused around a school, park, or community business center that are generally within walking distance of the homes or businesses, architecture, or other features with boundaries that may include highways, railroads or such natural features as rivers. The neighborhood character shall be deemed to be the prevailing character of structures within 300 feet in either direction along street frontages, irrespective of intervening streets. Redevelopment: The demolition of an existing building and new construction on the same site (or assemblage of parcels). Zero lot line dwellings: Zero lot line dwellings are detached single family dwellings that have a side yard setback of zero feet on one side. Section 35.7.11.4 Applicability of the ordinance Option 1: applies infill development standards generally in the ordinance "by definition" as a "floating zone" without predeterminedgeographic locations. It then can be applied at the developer's optionwhenever and wherever the specified conditions of applicability pertain. Standards applied "by definition" :These infill development standards shall apply to all lots and parcels that areadiacent to developed land on two or more sides. "Developed land" means lotsand/ or parcels that have the following urban services with adequate capacity located at or near the property line: public water., public sanitary sewer., stormwater management facilities., and access to a public street. Option 2: Thesecond alternative is applied when the infill provisions are contained in a mapped overlay district within fixed geographic limits. Standards applied "by district": This district implements the Infill and Redevelopment zone rIRZ1. The provisions of this district apply to all parcels designated "IRZ" on the official zoning map. All land uses and development., including buildings., drives parking areas., landscaping., streets., alleys., greenways., tree protection., and pedestrian/bicycle ways., shall be located and developed in accordance with the provisions of the zoning ordinance and land development regulations., except as modified by this chapter. amended 7/25/06 kec 6 -f City of Denton's City Limits with Infill Boundary Aug ust of 2006 City of Denton's Infill Properties Page 85 Page 87 1 couldn't work if the lot was 56 foot This is not going 1 to offset that by some other considerations as well. 2 to work if the lot is 50 foot So if you take six feet 2 COMMISSIONER ROY: I realize we could do 3 for every nine lots you develop, you use a lot. And you 3 that. We have done that in the pastA But rather than 4 take that -- you take that across the whole thing, that t S 4 work the problem for the developer which is kind of what 5 a considerable number of lots of what they have less to 5 that would be doing, I'm not sure we have total consensus 6 develop~ And that 1 S the issue as I see it. 6 as to what -- what we would like to have. I would say 7 COMMISSIONER ROY: BUt, sir, the -- 50 7 offer the developer a chance to come back with a different 8 feet, I mean, the lot that I looked at, the couple of 8 proposal based on the comments that we have had here 9 them, I mean, maybe, I don It know what they were. I'm 9 tonight. And if they don tt want to do it, fine, then we 10 going to guess they were 50-foot lots. They were very 10 can go ahead and take actionA So I propose that we 11 small. Ifm not sure visually whether it's 50 or 56 is 11 consider that, Mr. Chairman. 12 going to make much difference. Maybe if you get 60, 65, 12 COMMISSIONER STRANGE: well, we actually 13 it might You might have some grass area. So Irm not 13 have a motion with no second, which means we really don't 14 SW"e whether it makes that much difference, whether it's 14 have anything to discuss or vote upon, so I will ask the 15 59~9 or 56 or 50. 15 applicant if they would like to table it and reconsider 16 I wonder if an approach would be to -- 16 their position. 17 after the applicant has heard these discussions, our 17 MR REICHHART: Yes. 18 concerns, and our apparent unwillingness to go with the 18 COMMISSIONER STRANGE: okay~ Do we have a 19 approach that theytve laid out here, that if they would 19 date certain that we can reschedule this? 20 like to reconsider and bring us back something that's 20 MS. CARPENTER: pardon me, Mr~ Chairman. 21 closer to the PD but resolves, you know, the 50-foot 21 January 11th; is that the right date is the first meeting 22 problem, I would be willing to spend my time to review it 22 in January, then it would be the 25th. 23 further, if they areA 23 COMMISSIONER STRANGE: January 25thA Is 24 LEGAL: I just thought maybe I should bring 24 that satisfactory to you? 25 up one additional point here that we had a discussion 25 MR MURPHY: The sooner the better. Page 86 Page 88 1 earlier about the scope of the notice and the zoning 1 COMMISSIONER STRANGE: The sooner the 2 request and whether it was detailed enough or sufficiently 2 better. Thatts the "soonerist" it's going to get. 3 broad to cover the second proposal. One other thought 3 MS. CARPENTER: IS the 11th the correct 4 came to my mind is that it may be - that if s broad 4 date? The first meeting in January, but 1'm pretty sure 5 enough that I don tt think that the Commission has to 5 it's the 11 tb~ The frrst meeting in January. 6 constrain itself to the proposals that are advanced by the 6 COMMISSIONER STRANGE: Are we going to do 7 applicant that once the application for rezoning is 7 it January the 11 th or January 25th? 8 brought forward that there may be other issues that are 8 MS. CARPENTER: The 11th, what she's 9 fair game as well as far as recommendations are concerntxi 9 clarifying is that it might not be the 11th, so if you 10 If the number of 50-foot lots is part of 10 make the motion the frrst meeting in January then we cover 11 what the Commission perceives to be a problem, perhaps one 11 it. 12 of the things to be considered might be an increase in the 12 COMMISSIONER STRANGE: okay. All right. 13 number of larger lots as part of the PD process that in 13 Then do we have a motion? I guess we'd need a motion. 14 order to mitigate the affect of decreasing the number of 14 COMMISSIONER ROY: Yes. I move that we 15 J -Swing lots or altering the conftgmation that perhaps IS table this item to a date certain of ~ frrst meeting in 16 the recommendation might be offset somewhat by increasing 16 January~ 17 the number of'lO-foot lots or ...- or 60-foot lots and 17 COMMISSIONER STRANGE: Do we have a second? 18 decreasing correlative the number of SO-foot Io18A 18 COMMISSIONER THIBODEAUX: second~ 19 It's just food for thought. There may be 19 COMMISSIONER STRANGE: We have a motion by 20 other things that may be addressed as well. I know the 20 Mr~ Roy, a second by Dr. ThibodeauxA Please, vote~ And 21 homeowner said something about a minimum lot size. I 21 that motion passes 7-0. 22 don't know, you know, where that's going with it Maybe 22 Next item is Item G, which is amendment to 23 some of these other issues might help mitigate or offset 23 the Development Code relating to in-fill development 24 some of these other impacts, and insofar as the - as the 24 regulations. MsA Carpenter. 25 request for zoning is somewhat b~ it may be possible 25 MS. CARPENTER: Mr A Chairman, this item is Condenselt 1M PLANNING AND ZONING MINUTES DECEMBER 14, 2005 Page 85 - Page 88 Condenselt 1M Page 89 Page 91 1 for the Planning Commission to consider making a 1 or less in size and they're not -- and are Dot affiliated 2 recommendation to Council on in-fill :regulations. The 2 with an active subdivision~ So for example, you 'n 3 Council began discussing in-fill regulations back in the 3 remember if we go back to the map, on the east side, where 4 Spring of '04. And the Council worked on it for many 4 the Maple Leaf Subdivision is, there are -- that's just 5 months and has sent it back to the Planning Commission to 5 one example~ It's an active subdivision. They're 6 make a final recommendation to the Council. 6 actively building homes in there. So we took that out 7 The purpose oftbe In-fill Ordinance is to 7 from the - the spreadsheet that we prepared that showed 8 satisfy the following objectives, to allow flexibility in 8 you the number of platted lots for in-fill. 9 location, type and density within the: density supported by 9 COMMISSIONER ROY: IS that little jog in 10 the Denton Plan and the Denton Development Code, to 10 there below Old North? 11 provide flexibility in lot size, configuration, and 11 MS. CARPENTER: NO. I don't think so. I 12 vehicle access, to facilitate in-fill development, to 12 think it's clOser down to McKinney. It's just not in the 13 provide clear development standards that promote 13 table. It's still in the boundary, but it's not in the 14 compatibility between new and existing development and to 14 table. All right. Let. S seeA And that was the extent of 15 promote certainty in the marketplace, to encourage 15 what I had to offer for you~ rnlle happy to ansWer your 16 development of needed housing in proximity to employment 16 questions. 17 and services, to promote neighborhood preservation and 17 COMMISSIONER STRANGE: Anyone have any 18 enhancement through redevelopment of blighte4, distressed 18 questions of MrsA Carpenter? This is a public hearing. 19 and under utilized properties, to encourage mixed use 19 We've now had the staff presentation. Is -- we have no 20 development opportunities in order to provide housing and 20 cards on this item. Is there anyone here who wishes to 21 neighborhood services close to jobs, to encourage 21 speak for or against in-fill development regulation? 22 development that is compatible with the swrounding 22 Seeing none, wef 11 close the public hearing, and I will 23 neighborhood and that meets the City's economic goals and 23 make a motion that we approve the amendment to the 24 to encourage new development as well as preservation of a 24 Development Code relating to in-fill development 25 diversity of housing types. 25 regulatio~ OCA-OS.OOll with one exception which we Page 90 Page 92 1 This Code addresses itself to permitted 1 discussed in our Work Session today that under Item 2 uses. It requires a neighborhood meeting. It sets forth 2 35.7112, Item H, little Item 1 that reads in-fill or 3 an approvaL adjustment and appeals processA It addresses 3 redevelopment of an entire block or street face, that that 4 the content of applications, impact fees, compatibility 4 now is going to include DO great -- in-fill or development 5 with surrounding neighborhoodsA It sets forth the 5 greater than an entire block, phase -- entire street block 6 exclusions from the ordinance and then it sets development 6 phase. More than or greater, same thing. 7 standards that are specific to in-fill development that 7 COMMISSIONER WATKINS: second. 8 include site development standards as well as subdivision 8 COMMISSIONER STRANGE: I'll make that a 9 requirements. In additiOD, four DC'N amendments are 9 motioD. Do we have a second? 10 proposed -. four new definitions are proposed in the 10 COMMISSIONER WATKINS: second. 11 Development Code. All my people left and my map is down 11 COMMISSIONERSTRANGE: okay. Second by Mr. 12 there. r 11 have to go down there. 12 Watkins A Mr. Roy. 13 In addition, the Planning Commission spent 13 COMMISSIONER ROY: Yes, just a quick 14 many weeks analyzing the challenge of where the in-fill 14 question~ Just south of Old North there is kind of a jog 15 boundary ought to be drawn~ The Planning Commission has 15 in the map and I cantt remember what that is. Is that the 16 proposed a boundary and we'll see it on the InaP in "0 .. - -- " 16 church? 17 moment. There it is, which roughly follows these s'l:re:ts. 17 MS. CARPENTER: I can't -- I don't remember 18 Bonnie Brae on the west, Willow Wood, then to 1-35 on the 18 what the land uses are but I remember the reasoning was 19 south. Then behind San J scinto and up Colorado, then 19 that they are large tracts of land in excess of two acres 20 north on Woodrow to McKinney. Then east to Mockingbird, 20 in sizeA 21 and then it eventually comes out at Old North and follows 21 COMMISSIONERROY: okay. 22 Windsor along its north boundary ~ 22 MS. CARPENTER: And theytre Dot going to be 23 And if you'll turn to the next slide for me 23 subject to the ordinance anyway. 24 .- thank you. In that land area there are 413 platted 24 COMMISSIONER ROY: okay ~ 25 lots and 209 parcels that are unplatted that are two acres 25 MS. CARPENTER: Right this second, I don't PLANNING AND ZONING MINUTES DECEMBER 14, 2005 Page 89 - Page 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 CondenseIt 1M Page 93 remember the land use. 1 COMMISSIONER ROY: That'S all right. 2 MS. CARPENTER: rm sorry. 3 - COMMISSIONER ROY: n just looked a little 4 strange. I hadn't noticed that before. But I understand 5 that point. Thank you. 6 COMMISSIONER STRANGE: AnY other 7 discussion? If not, please, vote~ Vate passes 7-0. 8 Last item on the Agenda tonight is the 9 quarterly reviC\V of the Denton Development Plan. Ms. 10 Carpenter. 11 MS. CARPENTER: Mr. ~ Irm happy to 12 report that we're -going to be bringing at least four 13 amendments that are on Atta.clnnent A 10 you in January. 14 They are really noncontroversial items like accessory uses 15 and some changes to the Development Review Committee where 16 responsibilities are left out of the Code, things like 17 that So I'm happy to report we're going to bring four of 18 those forward. I'm also happy to report that we are 19 diligently working on front setback requirements, location 20 of buildings next to the street, front of building parking 21 all associated with ADP'S. We're looking at changes to 22 the ADP standards and also potentially changes to some 23 parking requirements that would address those tl1rre items. 24 You will remember at your last quarterly 2S Page 94 (End of proceedings.) I report, we added one item concerning a request by a 2 citizen to ban tow truck businesses as a home occupation~ 3 That bas been added to the list. There have been no other 4 requests from the public to make changes to the 5 Development Code. 6 COMMISSIONER STRANGE: okay ~ This is a 7 public forum item. Is there anyone here who has any items 8 they would like to bring forward for the Denton - for the9 review for the [)entan Development Code? I think we 10 require no action on that So with that, we'll adjourn 11 the meeting~ 12 COMMISSIONER ROY: EXcuse me.. Can I ask a 13 question about that 14 COMMISSIONER STRANGE: Yes, sir.. 15 COMMISSIONER ROY: This is the listing of 16 the currently active items. Do we get a chance to 17 prioritize these? We did at one time or is the City 18 Cowell just going to do it? 19 MS. CARPENTER: That's a great question. 20 This is the priority -- this is the list in the priority 21 order of the Council. 22 COMMISSIONER ROY: That answers my 23 question. 24 COMMISSIONER STRANGE: All right. Wefll 25 adjomn the meeting at 8:46~ PLANNING AND ZONING MINUTES DECEMBER. 14; 2005 Page 95 Page 93 - Page 95 .'~3~ .s: L """~...~~ {i.,.-~ iZB W ~Hi!~~tt..)~ :) 'A'.~ ~'G:Cl,:,':nrt~\r{~Ji?~; ~"1-..._j u.;~- ~J::Jt~f..~ mr~J ~ ~'~~..~ ~ w-nti ~1,liH ~ 9.tlJ. 't'} ,.~ . ./ - ~r. mIlD }I .. ~:,,:~ ,:~ It" . .. '.'r, i .~. .v .~,.". i I IN .- .j l'lIjY-!"ttI. .... . -. ... . : I ..: ... ~ . JI. ~.."':Ii".~. ;: -~~"'.:.. ... fl. 'i"........ ~ ~-, ~~~f~ . i.~" ~~i ~~ ~~~(.~~ ~" ... .P.(.~.!:t!.. <j... ~~~~~Mihh~lB~ 1ft. ~~ ~ G~' ,J~ .. 9" AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 CM: Transportation Operations Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Receive a report, hold a discussion and give staff direction regarding the Airport Terminal Proj ect. BACKGROUND Since the original information was submitted to City Council as part of the agenda backup material on the proposed Texas Department of Transportation, Aviation Division (TxDOT) Airport Terminal Grant Amendment Number 3, staff has followed up with two Reading File Memos providing additional information on the project. The additional information included: · Grant Funding Status · Identification of Project Overruns versus Probable Cost Estimate · Scope Changes in the Project · Re-bid and Re-design Options · Project Cost Analysis Staff wanted to provide the opportunity to review any additional questions Council Members may have concerning the project including the planning and decision process. The project design team, including the architect and Airport Advisory Board Members, will be in attendance to assist in facilitating the discussion. Respectfully submitted: o/d p~ Mark Nelson, CM Chief Transportation Officer AGENDA INFORMATION SHEET AGENDA DATE: August 15, 2006 DEP ARTMENT: Library System .. CM: Howard Martin, 349-8232 SUBJECT Consider adoption of an Ordinance authorizing the City Manager to accept a grant from 3M Foundation and Public Information Kiosk, Inc. for an e-Branch Library; determining the Ordinance was passed in compliance with the Open Meetings Act; and providing an effective date. The Denton Library Board recommends approval (7-0). BACKGROUND The 3M Foundation and Public Information Kiosk, Inc. Company are helping to rebuild the lives of those most severely impacted by Hurricanes Katrina and Rita by providing libraries in the affected states an information kiosk, which is referred to as an e-Branch Library. Please see the attached Exhibit. The e-Branch Library is a freestanding terminal that provides a direct line to library databases, services and information. The kiosks will be deployed to 24 libraries in Mississippi, Louisiana, Texas and Alabama. One of the 24 e-branch kiosks has been given to the Denton Public Library, to acknowledge our efforts in helping the hurricane victims find much needed information and referral services during their time in our community. The purpose of the e-Branch kiosk is to make electronic information available to those still affected by the hurricanes and to the public in general. The kiosk has a main menu on a touch screen that has nine buttons. Six of the buttons are already designated and point to the following sites needed by citizens in all of the affected states: FEMA; Restore Family Links: Locating Evacuees/Report Your Status; Housing Assistance; National Flood Insurance Program; Katrina Recovery; and Jobs Connection. The remaining three buttons will access the Denton Public Library Online Catalog and the City of Denton web site, with the ninth button provided by the Texas State Library and Archives Commission to access State Government resources. We can change the buttons after the first year to include more local databases. The e- Branch Library will be housed in City Hall East between the Customer Service and Municipal Services Departments. RECOMMENDATION Accept the donation of the e-Branch Library kiosk. It will be delivered and installed complete with all system integration and designs, first year's software licenses, service and maintenance included. ESTIMATED SCHEDULE OF PROJECT The e-Branch Library kiosk will be delivered and installed on September 15,2006. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) The Denton Library Board unanimously voted (7-0) to accept the e-Branch Library donation via a voice vote over the telephone on July 31, 2006. FISCAL INFORMATION The library is responsible for installing the data drop for the kiosk as well as the electrical wiring at City Hall East. The cost of the annual software and hardware service and maintenance contract will be $5,400.00 beginning in FY 2007-2008. This amount will be absorbed in the library's operational budget. There will be no additional charges over existing costs from Technology Services as a result of the proposed grant.. EXHIBITS 1. Ordinance 2. Picture of e-Branch Kiosk Respectfully submitted: ~~ . -.. . .- ... . - - - I .... , - _~ : I .. _ il: ~... ., J . _ :. : :-'€: ,~ - . -. ...: Eva Poole Director of Libraries S :\OUT Documents\Ordinances\06\3M Foundation Gnmt- Library. doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM 3M FOUNDATION AND PUBLIC INFORMATION KIOSK, INC9, FOR AN E-BRANCH LIBRARY; DETERMINING THE ORDINANCE WAS PASSED IN COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 3M Foundation and the Public Information Kiosk, Ine.. assisted in the rebuilding of lives most severely impacted by Hurricanes Katrina and Rita by providing these unique Information Kiosks which the companies refer to as e-Branch Libraries; and WHEREAS, the 3M Foundation and Public Information Kiosk, Ine.. are providing 25 of the e-Bratlch Libraries that will be deployed to libraries in Mississippi, Louisiana, Texas and Alabama; and WHEREAS, the grant of one e-Branch Library to the Denton Public Library by the 3M Foundation and Public Information Kiosk, Inc~ acknowledges our efforts in helping the hurricane victims find much needed information and referral services during their time in the City of Denton. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to accept the grant from 3M Foundation and Public Information Kiosk, Ine.. to provide one e-Branch Library to the City of Denton in acknowledgement of our efforts in helping hurricane victims.. The City Manager, Library Director, and any other City official are authorized to execute any documents and certifications necessary for obtaining the grant and to take any other action authorized to be taken by the City under the grant documents. SECTION 2.. The City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas open meetings law, TEX~ GOV'T CODE ch. 551, as amended, and that a quorum of the City Council was present. SECTION 3. This ordinance shall become effective immediately upon its passage and approvaL PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR Exhibit 1 . · S :\Qur Documents\Ordinances\06\3M Innovation Grant-Library.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATT?JlNEY AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 DEPARTMENT: Police ACM: Jon Fortune N SUBJECT: Consider adoption of an Ordinance of the City of Denton, Texas amending the provisions of Chapter 16 by amending Article II entitled "Junk Dealers and Dealers in Secondhand Merchandise"; providing for a severability clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. BACKGROUND: The purpose of this ordinance amendment is to require all pawnshops to submit transaction data to the Police Department through LeadsOnline, an automated, internet- based service. According to the Texas Administrative Code and the Texas Finance Code, every pawnshop conducting business in the State of Texas is required to maintain records of each and every transaction and make those records available to the local law enforcement agency. A pawnshop is defined as a location that conducts the business of lending money on the security of pledged goods or purchasing goods on condition that the goods may be redeemed or repurchased for a fixed price within a fixed period of time. Businesses that simply purchase used items or materials, such as scrap metal or used books and CD's, are not considered to be pawnshops under these statutes and, therefore, are not affected by this proposed ordinance revision. Individuals often pawn stolen items and the purpose of the provision of pawn ticket data is the identification and recovery of stolen items. Traditionally, pawnshops have complied with the reporting requirements of their transactions by providing a hard copy of the pawn ticket. Designated Police Department employees would retrieve the tickets from the pawnshops on a regular basis. Attempts were made to then enter this data into internal computer systems. However, Department staffing has never allowed for the consistent and complete entry of all pawn ticket data. Therefore, officers have been unable to access pawn transaction data efficiently. LeadsOnline is an automated, internet-based service that provides access to pawn ticket data from all participating pawnshops in the United States and Canada. In this system, the pawnbroker transmits the pawn ticket data to LeadsOnline over the Internet at the end of each business day. No special software is necessary and LeadsOnline works with pawnbrokers to ensure that their data can be accepted, at no cost to them. Law enforcement agencies pay a subscription fee to access the data. The database can be queried by the name of the seller, item description, date range, and pawnshop. Additionally, queries can be left in the system and the Agenda Information Sheet August 15,2006 Page 2 system then checks for persons or items whenever new data is received. LeadsOnline not only provides next-day automated access to pawn ticket data from shops in Denton, but also provides next-day automated access to pawn ticket data from any participating pawnshop in the United States and Canada. Further, LeadsOnline is the only known vendor that provides this service. The Police Department subscribed to LeadsOnline in the spring of 2005. During that time, stolen property was located and possible suspects identified in over twenty cases and items were located, on average, within five days of the receipt of the theft. Unfortunately, only three of the six pawnshops in the city currently participate in LeadsOnline. Two of the shops, McBride's Pawn Shop and All-State Pawn, are not automated and believe the on-going maintenance cost of computerized pawn ticket data is cost-prohibitive. The owner of Global Pawn performs automated transactions now, but has concerns about transmitting the identifying information of customers to a third party outside of law enforcement and questions the City's legal authority to regulate pawnshop activities. The Police Department continues to collect the hard-copy pawn tickets from these three shops and enters the data into the LeadsOnline system. The feature that enables the Department to perform this manual data entry costs an additional $1,080.00 per year. The Police Department's subscription fee to LeadsOnline is $7,788.00 annually. Thus far, this fee has been paid with the Department's seizure funds. A supplemental funding request for this fee was submitted in the FY 2006-07 budget and was reviewed by the Audit Committee. Committee members asked if the City could require pawnshops to submit their data through LeadsOnline. According to a LeadsOnline representative, Greenville and Beaumont have passed ordinances requiring submission of data through LeadsOnline, and Grand Prairie is considering adoption of such an ordinance. Further, cities all across the United States, including the majority of cities in Arkansas, have adopted such ordinances. There have been no known court challenges to the ordinance and, while some pawnbrokers initially resisted going on-line, all complied with the requirement. The Audit Committee requested a draft ordinance for Council consideration that would require pawnshops to submit the required data to the Police Department through LeadsOnline. The proposed ordinance is styled from the current Greenville ordinance. The Audit Committee also directed staff to provide pawnbrokers ninety (90) days in which to comply with the ordinance. PRIOR ACTIONIREVIEW: As stated, the Audit Committee requested the proposed ordinance and recommended effective date. The ordinance was prepared and approved by the City's Legal Department. RECOMMENDATION: Staff recommends adoption of the proposed ordinance amendment. Agenda Information Sheet August 15,2006 Page 3 FISCAL INFORMATION: As stated, the Police Department pays a subscription fee to access the LeadsOnline database. The current subscription fee is $7,788.00 per year, which includes the feature that allows for the Department to manually enter pawn ticket data. If this proposed ordinance amendment is adopted, the Department will no longer require that feature and the subscription cost will be reduced to $6,708.00. Respectfully submitted, ~ ,......';. ,{<~. "m ~ Ii! :... .-. .,~ ;.:.':- ~!i:r.rw." . ~...... .:"": -:-: ;;:.:.x.: .( ~.' . Charles Wiley Chief of Police Prepared by: ~ ~~ ~~ Joanie Housewright Captain Investigative Services Bureau S:\Our Documents\Ordinances\06\Pawn Shop Ordinance 062306.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 16 BY AMENDING ARTICLE II ENTITLED "JUNK DEALERS AND DEALERS IN SECONDHAND MERCHANDISE"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is in the interest of the community to have accurate reporting of transactions regarding secondhand merchandise so the police may more easily track and recover stolen property; and WHEREAS, the new reporting procedure will be more efficient; and WHEREAS, LeadsOnline service is a service which will allow for the reporting of all these secondhand transactions by computer with no cost to the secondhand merchant; and; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Article II titled "Junk Dealers and Dealers in Secondhand Merchandise" of Chapter 16, Division 1 (including Sections 16-26 and 16-27) of the Code of Ordinances of the City of Denton are hereby replaced and shall read as follows: ARTICLE II. JUNK DEALERS AND DEALERS IN SECONDHAND MERCHANDISE Sec. 16-26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meanIng: Junk means and includes scrap iron, tin, brass, steel, copper, lead, zinc and all other scrap metals and their alloys; old bones; old rags; foil; old chain; rope or glass; wastepaper; used or damaged jars and bottles; unserviceable machines, devices and tools; unserviceable parts of machines, devices and tools; unserviceable or wrecked automobiles purchased from the general public for the purpose of being dismantled; and unserviceable parts and accessories of automobiles and any other article in such condition of hurt, damage, injury or wear as to make it no longer usable for the purpose originally intended and of such condition as not to be at least to some extent restorable to its former state of service. Junk dealer means any person who irregularly or continually, either at wholesale or retail, buys, sells or deals in junk, whether as an itinerant or at a fixed place of business. S:\Our Documents\Ordinances\06\Pawn Shop Ordinance 062306.doc Pawnbroker means the owner, operator or employee of a business regulated by Title 7, Part 5, Chapter 85 (Rules of Operation of Pawnshops), of the Texas Administrative Code; and Subtitle C., Chapter 371 (Pawnshops), of the Texas Finance Code, who engages in the business of: (a) lending money on the security of pledged goods; or (b) purchasing goods on condition that the goods may be redeemed or repurchased for a fixed price within a fixed period. Pawnshop means a location at which or premises in which a pawnbroker regularly conducts business. Secondhand dealer means any person carrying on or pursuing the business of buying, selling, bartering or exchanging predominantly used or predominantly secondhand motor vehicles, tires and tubes, clothing, machines, firearms, weapons, radios, appliances or devices or parts of machines, appliances or devices. A dealer will be deemed to be predominantly in such business if more than one-half of his transactions during any month of the calendar year involves used or secondhand merchandise. Sec. 16-27. Reports required; subject to inspection. (a) Every junk dealer or secondhand dealer shall legibly write, in duplicate, an official report, the form of which is to be approved by the city secretary, of any junk or secondhand merchandise purchased by or deposited for any purpose with such dealer, together with an accurate description in the English language of the article purchased or deposited; the amount of money paid for the article or loaned thereon; the time and date of the purchase or deposit; the name, sex and address, if known, of the person selling or depositing the junk or secondhand merchandise. (b) The official reports shall be numbered consecutively and signed by the junk dealer or secondhand dealer or his agent. (c) The reports required in this section shall at all times during ordinary working hours be opened to the inspection of the chief of police or any police officer. (d) If such reports are not accurately kept and available, the entire inventory of the dealer's business shall be subject to reasonable inspection by the chief of police or any police officer. (e) Every pawnbroker conducting business within the City shall maintain records of each and every transaction and make said records available to the City of Denton Police Department in accordance with the requirements of Title 7, Part 5, Chapter 85 (Rules of Operation of Pawnshops), of the Texas Administrative Code; and Subtitle C., Chapter 371 (Pawnshops), of the Texas Finance Code. a. Every pawnbroker shall make records of transactions available to the City of Denton Police Department electronically through registration with LeadsOnline and shall upload the records in batches of one business day's transactions at the conclusion of each business day. Page20f3 S:\Our Documents\Ordinances\06\Pawn Shop Ordinance 062306.doc b. Records of transactions shall include all required information and a complete description of each item purchased by the pawnbroker. Failure to record a transaction; all items included in a transaction; all information required of an item in a transaction; and reporting such required information to LeadsOnline shall be a violation of this ordinance. c. Each pawnbroker will bear the cost of any required computer hardware, software, and Internet connection necessary to comply with this section. d. The City will bear any subscription or other fees charged for the use of, or access to, LeadsOnline. SECTION 2. 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 effect 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 invalidity. SECTION 3. Save and except as amended hereby, all the prOVISIons, sections, subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per violation. SECTION 5. This ordinance providing for a penalty shall become effective ninety (90) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY fIfI#!fwt- ....... -: .. BY: Page 3 of3 AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Mike Ellis 349-8424 AGENDA DATE: August 15,2006 ACM: Jon Fortune =- SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of gasoline and diesel fuel; providing for the expenditure of funds therefor; and providing an effective date (Bid 3530-Annual Contract for Gasoline and Diesel Fuel in the estimated amount of $2,000,000). BID INFORMATION This bid is for the annual contract to supply the City of Denton with gasoline and diesel fuel. Fuel is delivered to the Service Center in 8,000-gallon tanker loads and to remote sites or jobsites in smaller quantities. The bid is awarded based upon the mark-up charged by the supplier. The actual price of fuel will vary depending upon the DFW Oil Price Information Services Index (DFW OPIS) posted at the terminal the day fuel is picked up. The actual price will be the DFW OPIS daily average fuel price for fuel in a non-attainment area plus the markup amount. RECOMMENDA TION Item 1 2 3 We recommend this annual contract be awarded to the lowest bidder for each item: Price Above DFW OPIS $0.0068/Gallon $0.0068/Gallon $0.0700/Gallon 4 Description Unleaded Gasoline Diesel Fuel Unleaded Gasoline Less Than 2,000 Gallons Diesel Fuel Less Than 1,000 Gallons Supplier Martin Eagle Oil Co., Inc. Martin Eagle Oil Co., Inc. Martin Eagle Oil Co., Inc. Martin Eagle Oil Co., Inc. $0.0700/Gallon The annual estimated total cost at today's price is approximately $2,000,000. PRINCIPAL PLACE OF BUSINESS Martin Eagle Oil Co., Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT Tanker loads of fuel can be delivered within a 24-hour notice. Smaller quantities can be delivered within the same time period. Agenda Information Sheet August 15,2006 Page 2 FISCAL INFORMATION Fuel is purchased from Fleet Services Operating Budget accounts 820100.6408 and 820100.6410 (Gasoline) and 820100.8418 and 820100.6420 (Diesel). This cost is then charged back to the using department. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet Attachment 2: Sample DFW OPIS Report Attachment 1 DESCRIPTION Vendor Vendor Vendor Vendor Vendor Martin Eagle Oil Petroleu m Clarksville Oil & W. Douglass Mansfield Oil Traders Co. Inc. Cor oration Gas Company Distributing Company Principle Place of Business: Denton, TX Ft. Wayne, IN Clarksville, TX Sherman, TX Gainesville, GA Annual Agreement for 1 300,000 Gallons the purchase of unleaded asoline Must meet requirements for non-attainment area DFW a.p.LS. daily net A average price of RFG $2.4735 $2.4649 $2.4823 $2.4823 $2.4735 Ethanol (100/0) as reported on July 7, 2006 B (+markup) (-markdown) $0.0068 +$.0421 $0.0119 +$.03 +$.0203 C Selling price per gallon $2.4803 2.507 $2.4942 $2.5123 $2.4938 delivered TOTAL AMOUNT $744,090.00 $752,100.00 $748,260.00 $753,690.00 $748,140.00 2 600,000 Gallons Annual Agreement for the purchase of #2 diesel Must meet requirements for non-attainment area DFW a.p.LS. daily net A average price of No.2 LED $2.3300 $2.3068 $2.3224 $2.3280 $2.3300 Distillate Diesel as reported on July 7, 2006 B (+markup) (-markdown) $0.0068 +$.0347 $0.0139 +$.03 +$.0364 C Selling price per gallon $2.3368 $2.3415 $2.3363 $2.3580 $2.3664 delivered TOTAL AMOUNT $1,402,080.00 $1,407,060.00 $1,401,780.00 $1,414,800.00 $1,419,840.00 Unleaded gasoline 3 10,000 Gallons delivered in less than 2,000 gallons DFW a.p.LS. daily net A average price of RFG $2.4735 $2.4649 No Bid $2.4823 No Bid Ethanol (100/0) as reported on July 7, 2006 B (+markup) (-markdown) $0.0700 +$.1890 No Bid +$.07 No Bid C Selling price per gallon $2.5435 $2.6539 No Bid $2.5523 No Bid delivered TOTAL AMOUNT $25,435.00 $26,539.00 No Bid $25,523.00 No Bid #2 Diesel delivered in less 4 6,000 Gallons than 1,000 gallons. Pump off required. DFW a.p.LS. daily net A average price of No.2 LED $2.3300 $2.3068 No Bid $2.3280 No Bid Distillate Diesel as reported on July 7, 2006 B (+markup) (-markdown) $0.0700 +$.1890 No Bid +$.07 No Bid C Selling price per gallon $2.4000 $2.4958 No Bid $2.3980 No Bid delivered D Pump off charge if applicable $40.0000 $0.0000 No Bid NjA No Bid TOTAL AMOUNT $14,400.00 $14,974.80 No Bid $14,388.00 No Bid Bid #3530 Date: 7/18/06 Annual Contract For Gasoline & Diesel Fuel Attachment 1 Martin Eagle Oil Petroleu m Clarksville Oil & W. Douglass Mansfield Oil Traders Co. Inc. Cor oration Gas Company Distributing Company Principle Place of Business: Denton, TX Ft. Wayne, IN Clarksville, TX Sherman, TX Gainesville, GA Contact Person: Corky Childers Gayle Newton Sylva K. Ross Brent And rews Libby Norris Telephone: 817-239-9973 800-348-3705 214-783-7482 903-813-5157 800-255-6699 ext. 318 ext. 2081 Del ivery 1 day 24 h rs. 24 h rs. 1 day 1 day ADDENDUM #1 Yes Yes Yes Yes Yes Bidder is an authorized distributor, by the manufacturer, and is Yes Yes Yes authorized to sell to the City of Denton? ARDMORE, OK Attachment 2 **OPIS NET NO~l RED-DYED DISTILLATE No.1 Kero Terms LS RD Move RD u N-IO 241.75 241~75 241.75 241.75 241..75 241.75 241.75 241..75 241.75 241.75 241.75 Information Service Valero LOW RACK HIGH RACK RA..CK A VG UBD LOW RACK UBD HIGH RACK UBD RACK AVG CONT AVG-07/07 CONT NET AVG-07/07 CONf NET LOW-07/07 CON~ NET HI-07/07 Copyright, Oil Price DALLAS METRO, TX **OPIS NET Unl Move 228..50 - 4..00 229.17 .35 229.48 ~ -2.05 229.68 - 2..05 229.94 .51 230.47 - 1.00 230.59 - 1.00 234.00 - 1..20 228.50 234.00 230.23 INDEX ( SRI) 231.77 ~ 3.27 - 1.54 229.17 230.59 229.89 228.50 234..00 231.25 231.97 230..23 228.50 234..00 2006-07-07 10:16:36 EDT. PRICES** Move Date .60 07/07 CLEAR PRICES** Mid Move Pre Move Terms u N-IO b 1-10 b 1-10 b 1-10 b 1-10 b 1-10 b 1-10 u N-IO Pride XOM Shamrock Valero OS Shell Texaco Chevron Valero LOW RACK HIGH RACK RACK A VG SPOT REPLACEMENT GC ORIGIN LOW RACK VSw SRI RACK AVG VS. SRI BRD LOW RACK BRD HIGH RACK BRD RACK AVG UBD LOW RACK UED HIGH RACK UBD RACK AVG CONT AVG-07/07 CONT NET AVG-07/D7 CONT NET LOW-07/07 CONT NET HI-07/07 d=not in average 233.62 235..17 235.37 234..57 235~92 236.04 249..00 233.62 249.00 237.10 237~87 - 4.25 .77 . 233.62 236..04 235.12 249..00 249.00 249..00 239..13 237~10 233..62 249~OO DALLAS, TX LOW RETAIL AVG RETAIL LOW RETAIL EX-TAX AVG RETAIL EX-TAX RACK VS~ RETAIL P+/L- SRI VS. RETAIL P+/L- 274.47 280.78 236.40 242..66 + 12.43 + 10.89 DALLAS METRO, TX .35 - 2.05 - 2.0S ..51 - 1.00 - 1.00 - 1..20 2006-07-07 10:16:36 EDT 7 . 8 RVP 239.56 .35 241..86 - 2.05 242.06 - 2.05 242.09 .51 242..55 - 1..00 242.67 - 1.00 281.50d - 1.20 239.56 242.67 241~80 247.02 - 7.46 - 5.22 239.56 242.67 241~80 244.24 241.80 239~56 242.67 Date 07/01 07/07 07/07 07/07 07/07 07/07 07/07 07/07 2006-07-07 10:16:36 EDT **OPIS NET RFG ETHANOL(lO%) PRICES** Terms Unl Move Mid Move Pre Chevron b 1-10 243.36 + 1.20 248..81 + 1..20 255.44 Pride u N-IO 244.50 ~50 257.50 .50 284.50 XOM b 1-10 245~15 3.00 249..61 3.00 255.55 Fina b 1-10 245.92 - 1~70 251.86 - 1~70 258.79 Shamrock b 1-10 246.61 - 4~lO 252.55 - 4.10 258.49 Shell b 1-10 246.61 ..41 250~42 .41 258.49 FlntHlsRs u N-IO 246.75 - 2.00 255.25 - 2.00 271.75 246.81 ~ 4.10 252.75 - 4.10 258.69 - 4~lO 07/07 3 Move + 1..20 .50 3.00 - 1.70 - 4.10 .41 - 2.00 Date 07/07 07/01 07/07 07/07 07/07 07/07 07/07 Valero DS b 1-10 Citgo b 1-10 247.15 .70 253.59 .70 259.53 .70 07/07 Mystik b 1-12 247.15 .70 253.59 .70 259.53 .70 07/07 COP b 1-10 247.25 + 1.00 252.20 + 1.00 258.14 + 1.00 07/07 Texaco b 1-10 248.29 + 1.20 253.74 + 1.20 260.37 + 1.20 07/07 Fina u N-IO 248.51 - 1.70 284.12 + 3.91 29B.SId - 1.70 07/07 WestrnRef u N-IO 250.00 - 1.00 265.00 - 1.00 07/07 Valero u N-IO 256.20 - 1.45 266.20 - 1.45 286.20 - 1.45 07/07 LOW RACK 243.36 248.81 255~44 HIGH RACK 256.20 284.12 286.20 RACK A VG 247.35 255..87 263.61 BRD LOW RACK 243.36 248.81 255..44 BRD HIGH RACK 248.29 253..74 260.37 BRD RACK A VG 246.43 251.91 258.30 UBD LOW RACK 244.50 255.25 265.00 UED HIGH PACK 2516 . 2 0 284..12 286..20 UED RACK AVG 24'9.19 265.77 276.86 CONT AVG-07/07 249.01 257.69 265.47 CONT NET AVG-07/07 247..35 255.87 263.61 CONT NET LOW-07/07 243.36 248..81 255.44 CONT NET HI-07/07 256.20 284..12 286..20 d=not in average DALLAS, TX LOW RETAIL AVG RETAIL LOW RETAIL EX-TAX AVG RETAIL EX-TAX RACK VS. RETAIL P+/L- 277..37 289.46 243.72 255.81 + 8.46 DALLAS METRO, TX Pride Citgo Mystik Shell XOM BP Texaco Chevron LOW RACK HIGH RA.CK RACK A VG SPOT REPLACEMENT GC ORIGIN LOW RACK VS. SRI RACK AVG VS. SRI ERD LOW RACK BRD HIGH AACK BRD RACK AVG UED LOW RACK UED HIGH RACK UBD RACK AVG CONT AVG-07/07 CONT NET AVG-07/07 CONT NET LOW-07/07 CONT NET HI-07/07 2006-07-07 10:16:36 EDT Terms u N-ID b 1-10 b 1-12 u N-IO b 1-10 b 1-10 b 1-10 b 1-10 Move - 2.50 - 2.00 - 2.00 .07 .33 .15 1.00 1.00 Move Date 07/01 07/07 07/07 07/07 07/07 07/07 07/07 07/07 DALLAS METRO, TX **OPIS Pride Citgo Mystik Shell T e rrrtS u N-IO b 1-10 b 1-12 u N-IO 2006-07-07 10:16:36 EDT NET NO.2 RED-DYED DISTILLATE PRICES** No~2 Pre NO..2 LS RD Move LS RD Move ULS RD 224.60 - 2.50 227~30 - 2.00 227.30 - 2.00 229.78 ~07 Move Date 07/01 07/07 07/07 07/07 4 LOW RACK HIGH RACK RACK AVG SPOT REPLACEMENT GC ORIGIN LOW RACK VS~ SRI RACK AVG VS. SRI BRD LOW RACK BRD HIGH RACK BRD RACK A VG UBD LOW BACK UBD HIGH RACK UED RACK AVG CONT AVG-07/07 CONT NET AVG-07/07 CONT NET LOW-07/07 CONT NET HI-07/07 224.60 229.78 227.25 INDEX (SRI) 225.24 . 64 + 2.01 227.30 227~30 227.30 224.60 229~78 227.19 228.40 227~25 224.60 229.78 DALLAS METRO, TX 2006-07-07 10:16:36 EDT **OPIS NET NO~2 LED DISTILLATE PRICES** No.2 No.2 No.2 Terms LS Move HS Move ULS Move Date Shell b 1-10 225~48 ~80 07/06 Pride u N-1O 227.50 - 2~50 07/01 COP b 1-10 228.39 - 1..00 -+- 07/07 XOM b 1-10 229.. 56 .33 07/07 Fina b 1-10 229.68 .50 07/07 FlntHlsRs u N-IO 229~70 ~50 07/07 Citgo b 1-10 230.08 - 2.00 07/07 Mystik b 1-12 230~O8 - 2.00 07/07 Valero u N-IO 230.15 - 2.10 07/07 Shamrock b 1-10 232.37 + 2.70 07/07 Valero DS b 1-10 232~37 + 2.70 07/07 Cenex b 1-10 234.23 + 2.50 07/07 Chevron b 1-10 23 6 ~ 41 + 1.00 07/07 Texaco b 1-10 236.41 + 1.00 07/07 Fina u N-IO 262 .. 62 + 4.00 07/06 LOW RACK 225.48 HIGH RACK 262.62 RACK AVG 233.00 SPOT REPLACEMENT INDEX (SRI) GC ORIGIN 225..29 LOW RACK VS. SRI + . 19 RACK AVG VB.' SRI + 7.71 BRD LOW RACK 225.48 BRD HIGH RACK 236.41 ERD RACK A VG 231~37 UBD LOW RACK 227.50 UBD HIGH RACK 262.. 62 UED R..:liCK A VG 237.49 CONT AVG-07/07 234.72 CONT NET AVG-07/07 233.00 CONT NET LOW-07/07 225.48 CONT NET HI-07/07 262 . 62 Fina LOW MCK HIGH RACK PACK A VG SPOT REPLACEMENT GC ORIGIN LOW RACK VS. R~CK AVG VS. DALLAS METRO, TX 2006-07-07 10:16:36 EDT **OPIS NET PREMIUM NO.2 LED DISTILLATE PRICES** No.2 No.2 No~2 Terms LS Pre Move ULS Pr Move HS Pre b 1-10 230~27 .50 230.27 230.27 230.27 INDEX (SRI) 227.54 SRI + 2.73 SRI + 2.73 Move Date 07/07 5 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3530-GASOLINE AND DIESEL FUEL IN THE ESTIMATED AMOUNT OF $2,000,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation 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 3530 1-4 Martin Eagle Oil Co., Inc. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-BID 3530 Bid #3530 Exhibit A Date: 7/18/06 Annual Contract For Gasoline & Diesel Fuel Martin Eagle ail Co. Inc. Principle Place of Business: Denton, TX Annual Agreement for 1 300,000 Gallons the purchase of unleaded asoline Must meet requirements for non-attainment area DFW a.p.LS. daily net A average price of RFG $2.4735 Ethanol (100/0) as reported on July 7, 2006 B (+markup) (-markdown) $0.0068 C Selling price per gallon $2.4803 delivered TOTAL AMOUNT $744,090.00 2 600,000 Gallons Annual Agreement for the purchase of #2 diesel Must meet requirements for non-attainment area DFW a.p.LS. daily net A average price of No.2 LED $2.3300 Distillate Diesel as reported on July 7, 2006 B (+markup) (-markdown) $0.0068 C Selling price per gallon $2.3368 delivered TOTAL AMOUNT $1,402,080.00 Unleaded gasoline 3 10,000 Gallons delivered in less than 2,000 gallons DFW a.p.LS. daily net A average price of RFG $2.4735 Ethanol (100/0) as reported on July 7, 2006 B (+markup) (-markdown) $0.0700 C Selling price per gallon $2.5435 delivered TOTAL AMOUNT $25,435.00 #2 Diesel delivered in less 4 6,000 Gallons than 1,000 gallons. Pump off required. DFW a.p.LS. daily net A average price of No.2 LED $2.3300 Distillate Diesel as reported on July 7, 2006 B (+markup) (-markdown) $0.0700 C Selling price per gallon $2.4000 delivered D Pump off charge if applicable $40.0000 TOTAL AMOUNT $14,400.00 Bid #3530 Exhibit A Date: 7/18/06 Annual Contract For Gasoline & Diesel Fuel Martin Eagle Oil Co. Inc. Principle Place of Business: Denton, TX Contact Person: Corky Childers Telephone: 817-239-9973 Delivery 1 day ADDENDUM #1 Yes Bidder is an authorized distributor, by the manufacturer, and is Yes authorized to sell to the City of Denton? AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Mike Ellis 349-8424 AGENDA DATE: August 15,2006 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of Tire Repair and Tire Changing Services; providing for the expenditure of funds therefor; and providing an effective date (Bid 3531-Annual Contract for Tire Repair and Tire Changing awarded to Briscoe Tire Inc. in the estimated amount of $100,000). BID INFORMATION This bid is for the contract to provide tire repair, tire changing and on site (roadside) flat repair for the City of Denton fleet. The contract will be administered through the Fleet Services Division. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder, Briscoe Tire Inc. in the estimated amount of$100,000. PRINCIPAL PLACE OF BUSINESS Briscoe Tire, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This is an annual contract, which will remain in effect through August 15, 2007. The contract may be extended for additional one-year periods by mutual agreement of both parties. Roadside service is to be dispatched within 30 minutes of notice, 24 hours per day. FISCAL INFORMATION The services provided will be funded from the Fleet Services Operating budget and charged back to the individual vehicle as a cost of operation. Agenda Information Sheet August 15,2006 Page 2 Respectfully submitted: ~~ ~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 3531 Tire Repair and Changing Attachment 1 Bid #3531 Date: 7/18/06 Annual Contract For Tire Wingfoot Leon's Tire Service Briscoe Tire Inc. Commercial Tire Pro Tire Inc. Systems, LLC Principle Place of Business: Denton, TX Denton, TX Denton, TX Denton, TX 1 Service Call anywhere $30.00 $30.00 $77.25 $30.00 with i n Denton city Ii m its After hours service call $65.00 (2 hr. 2 a nywhere with i n Denton $50.00 $20.00 $104.75 city limits minimum) 3 Cost of tire repair on $12.50 $15.00 Included in service $20.00 road (small tires) call 4 Cost of tire repair on $18.00 $20.00 (11R22.5 Included in service $25.50 road (large tires) tires only) call 5 Cost of removing & $15.00 $15.00 (19.5" and Included in service $20.00 replacing (small tires) sma Iler) call 6 Cost of removing & $20.00 $20.00 (11R22.5 Included in service $25.00 replacing (large tires) tires only) call 7 Cost of front-end No Bid $49.95-$69.95 $175-$280 $169.00 a I ig n ment on site Cost of inspection of 8 ti res on City of Denton No Bid $0.00 $38/hour $65/hour veh icles & eq u i pment 9 Cost of la rge ti re re- No Bid $125.00 $139.00 $121.50 treads 10 Cost of removing & $5.00 $2.50-$25.00 $6.00 each $6.00-$45.00 disposing used tires Miscellaneous parts - 11 percentage of jobber's N/A 150/0 N/A See attached list price (include a copy of the list). 12 Shipment 1 day 2 days Bidder is an authorized distributor, by the manufacturer, and is No Yes Yes No a uthorized to sell to the City of Denton? ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TIRE REPAIR AND TIRE CHANGING SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3531 - ANNUAL CONTRACT FOR TIRE REPAIR AND TIRE CHANGING AWARDED TO BRISCO TIRE, INC. IN THE ESTIMATED AMOUNT OF $100,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 3531 1-10 Briscoe Tire Inc. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-BID 3531 Page 2 of2 Exhibit A Bid #3531 Date: 7/18/06 Annual Contract For Tire & Tire Briscoe Tire Inc. Principle Place of Business: Denton, TX 1 Service Call anywhere $30.00 with i n Denton city Ii m its After hours service call 2 a nywhere with i n Denton $20.00 city limits 3 Cost of tire repair on $15.00 road (small tires) 4 Cost of tire repair on $20.00 (11R22.5 road (large tires) tires only) 5 Cost of removing & $15.00 (19.5" and replacing (small tires) sma Iler) 6 Cost of removing & $20.00 (11R22.5 replacing (large tires) tires only) 7 Cost of front-end $49.95-$69.95 a I ig n ment on site Cost of inspection of 8 ti res on City of Denton $0.00 veh icles & eq u i pment 9 Cost of la rge ti re re- $125.00 treads 10 Cost of removing & $2.50-$25.00 disposing used tires Miscellaneous parts - 11 percentage of jobber's 150/0 list price (include a copy of the list). 12 Shipment 1 day Bidder is an authorized distributor, by the manufacturer, and is Yes a uthorized to sell to the City of Denton? AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349- 7194 AGENDA DATE: August 15,2006 ACM: Jon Fortune II SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of replacement parts for the effluent water filters at Pecan Creek Water Reclamation Plant from Infilco Degremont, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3552-Replacement Parts for the Effluent Water Filters at Pecan Creek Water Reclamation Plant in an amount not to exceed $27,705). The Public Utilities Board recommends approval (5-0). FILE INFORMATION The filters at the Pecan Creek Water Reclamation Plant (PCWRP) are used for enhanced cleaning of the Plant effluent after secondary clarification. The filtered effluent is then disinfected before discharge into Pecan Creek. The three filters at the PCWRP for which parts are required were constructed during the 1984 expansion of the Plant. The mechanical components of the Backwash assembly are worn out and need replacement. Staff requested a price quote from the original manufacturer Infilco Degremont, Inc. (IDI) for replacement of the Backwash assembly. IDI has submitted the price quote for supplying the parts (Exhibit 1). The quote is for $27,704.03. Staff has reviewed the quote and finds it acceptable in comparison with similar equipment costs from other vendors. Staff will install the Backwash assembly themselves with in-house labor. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board approved this item at its July 24, 2006 meeting. RECOMMENDA TION Award to Infilco Degremont, Inc. in an amount not to exceed $27,705. PRINCIPAL PLACE OF BUSINESS Infilco Degremont, Inc. Richmond, VA Agenda information Sheet August 15,2006 Page 2 ESTIMATED SCHEDULE OF PROJECT The parts will be delivered within 5 to 7 weeks after receipt of an order. FISCAL INFORMATION This item will be funded from account 640079541.1360.40100. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Infilco Degremont, Inc. Quote Infilco Degremont, Inc. Sole Source Letter l-AIS-File 3552 .; J . . Attachment 1 ,..~ \\ \? .>../~ 1 p.l ~. n. l co DeB r.en.~ont Water and Wastewater Treatment Solutions PROPOSAL and CONTRACT T Proposal Number: 80116062 Rev l' To Change Date To; Denton WRP Dentoni iX Telephone: Fax: Ema r': Descr;ptio n ~ Reference~ Attn: Pete May t.nfJlco o.gtemool1ln~ PO Box 71390. Rioomonc:. VA aaa$5-.1 seD $007 Di5~ c~~ Richmond. VA 2$~29 T~!Gphore: $04.75e.7600 FiX; 804.755.784~ t:.maa; i(ft~ln'fi~egremant<;om ~.ntemet wwwlfnnrcod:egremont.com Date: July 14,2008 Pa'ge: 1 of 3 940-391-8160 940-34 9 -SS 13 NJA Parts! AB'vV FjJter Origins}. COOtTact it 450216 (Here[nafter referred. to as ~Pu.tch Ette() I~m~ D'*Qrettr~~~ fnc. rIDI; offers to Turni.!h the foUowing d8$Cribed ma~rla!s ~nd equrpment ~P~'::ts..) and/or iervlcel;J; at the prk.., (IlP~rt;tlasi Pric.j st3tfd b.roW or a$ otherwise ~onnmied in writing b~ IDr and in accordance with tn& Cond~~cns of. sale and other P(ovis~ong contaJnsd h8rarn, This P,o.cosaJ 51'18U remain in eff8d for 60 da)/$ from the date he-"eo! -end shaH; e.tpite al that lAne u.ntess e.xt>>ndid (r. wotinS by ~Dt Tnlil ?u~ Price is basMa upon an of the CondUtons of Sa!; :ilnd other provJsions ccntamed herain. Purchasers ~cceptanc.!t of thls Purcna;e Prioe~ whether ~ isSuaQCij of e purchase ordar or otherwise, or aCC8t>'~f1ce of deJlvery of the ?roch.lctS 9:11ctJOf $eMceS fUfr.~shed here(.loder, sh$l be ccnstdered aece~ta~. by the ? uroha~~ of at! the COnd ittons of Saie and other pro",.}s~on$ eon!aih6d !"I.rein. n01W'jlhStand~ng any 5thtemerd: in ?u~:fs aeceptarice or ord~r to the eor.tNlry. J01 hef'ebj ob~~Ol$ to and rejects any p!"opo~al by P~rchasw to modHYt iun6'nd.t Jlmtl. add to or c$lete any of trta Conartioni cf 5f3f. Qr .otr<<. t:rovjsJans contains:! herli.1 un ~~&.s axpress;y ;'lXepted in writing by JDt Infilco Degremont, lnc* 8y:,~~L C~~~ (/ Ch ris Lon on t INFf LC<<re Quanti Pllrt Number Oe8c .on 3 New 8ac~h Arm With Bac~vash Valve. fncJudes: New Stainless Steai 8ackwash Arm, Backwas.h Valve Assembly~ Springs And Upper And Lower Hardware. WUJ inc!ude New Purnp Support For 3085 Pump. New Support WU f Be 8c~ted r n P Jace By Cueto m er. New Ceaner Box~ 30455 With PVC Header, Cleanout Ports And (4) Verrt Tubes l. 2 Estimated Sh~pment: Payment Terms: 5..7 Weeks 1 OOo/!) N at 30 Days Shipping Terms: FOB Shipping Point Fre{ght AI~owed To Plant Vfa Common Carr-ier Purchasers Acceptance: Unit Price extension 4!603 ~ 67 513.511 ~01. 6,946.01 I S 13l893~02 ..PfiCe5 Exclude Sales Tax.\ Qrder Total: $27~704~03 Company; Sales Re.presentatlve.: HAR1WEl.L ENV1RONMENTAl.. CORPOR.,\TION (HEC3) 5211 West Ark.ansas Lane ArHngton. 1X 16016 8y~ Tl1ie: cc: Paui Spofford, Kevin SmithJ Fife Date: Attachment 2 \\J1, tl~ l v'~ n. L el) DeBremOt1t Water and Wastewater Treatment Solutions Infilco Degremont, Inc" PO Box 71390 Richmond,VA 23255-1390 8007 Discovery Drive Richmondj VA 23229 Terephone: 804.756.7600 Fax 804..756,7643 EmaH; idUnfo@infilcodegremont.com I ntemet: W\NW .Fnfitcodegremont.. com Date: Page(s): Company: .Attention: July 18, 2006 1 From: City of Denton, TX To Whom It May Concern Chris Lonon Subject: ABW Filter The message and/or documents accompanying this transmittal contain confidential information of Inti/co Degremont~ Inc.; intended only for the use of the individual Of entity names on. this transmittal. Jf received by someone other than the intended recipient, plea~e immediately notify us by telephone. (1-800-446-1150). Thank you. ABW Filters are a trademark of Infilco Degremont, Inc~, 8007 Di"scovery Drive, Richmond, VA 23229 and are designed and engineered specifically for your treatment application and installation. ABW Filters are sold only by Infilco Degremont, Inc.t an original equipment manufacturer of water and wastewater treatment equipment. The components of the ABW Filter are sold directly to end-users by Infilco Degremont~ Inc and for the North Texas area, we are represented exclusively by Hartwell Environmental Corporatjon~ The components for your ABW Filter are designed, engineered, and produced specifically for your equipment and application by Infilco Degremont, Inc. Infjfco Degremont rnc~ is committed to providrng quality equipment, parts, and service for your plant If you have any service or parts ne.eds~ please call me at 800-446-1150, ext. 7847~ Sincerely, eG~ Chris Lonon Part Sales Toll free: 800/446-1150 extw 7847 Fax: 804/756-7643 Email: chris.lonon@infiJcodegremont.com ..s~ez. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF REPLACEMENT PARTS FOR THE EFFLUENT WATER FILTERS AT PECAN CREEK WATER RECLAMATION PLANT FROM INFILCO DEGREMONT, INC., WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3552-REPLACEMENT PARTS FOR THE EFFLUENT WATER FIL TERS AT PECAN CREEK WATER RECLAMATION PLANT IN AN AMOUNT NOT TO EXCEED $27,705). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3552 Infilco Degremont, Inc. $27,705 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ~ BY: 3-0RD-File 3552 AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Janet Fitzgerald 349-8274 AGENDA DATE: August 15,2006 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of Natatorium Medium Pressure Ultraviolet Light Disinfection System; providing for the expenditure of funds therefor; and providing an effective date (Bid 3539 - Natatorium Medium Pressure Ultraviolet Light Disinfection System awarded to Texas Aquatic Supply, Inc. in the amount of $52,700). BID INFORMATION This bid is for the installation of in-line medium pressure ultra violet (UV) light systems into both the competition and instructional pools at the Natatorium. The supplemental system uses ultra violet light to supplement disinfection of the water while also destroying build-ups of other contaminants in the pool water that are responsible for chlorine smell and eye irritation. RECOMMENDATION Award to the lowest responsible bidder, Texas Aquatic Supply, Inc. in the amount of$52,700. PRINCIPAL PLACE OF BUSINESS Texas Aquatic Supply, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT Installation is estimated to be completed by the end of September 2006. FISCAL INFORMATION This item will be funded from account 207001.8535. Agenda Information Sheet August 15,2006 Page 2 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet l-AIS-BID 3539 Attachment 1 BID #3539 DATE: 7/13/06 BID FOR NATATORIUM MEDIUM PRESSURE ULTRAVIOLET LIGHT DISINFECTION SYSTEM I DESCRIPTION DESCRIPTION Principle Place of Business: Base Bid for Natatorium Medium Pressure Ultraviolet Light Disinfection System BID BOND ADDENDUM #1 ADDENDUM #2 SHIPMENT CAN BE MADE WITHIN OF ORDER DAYS FROM RECEIPT VENDOR VENDOR VENDOR SUNBEL T TEXAS TEXAS POOLS AQUATIC WATERWORKS SUPPL Y, INC. DALLAS, TX DALLAS, TX CARROLL TON, TX $58,964.00 $52,700.00 $54,000.00 YES YES YES YES YES YES YES YES YES 14 28 35 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF NATATORIUM MEDIUM PRESSURE ULTRAVIOLET LIGHT DISINFECTION SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3539 - NATATORIUM MEDIUM PRESSURE ULTRAVIOLET LIGHT DISINFECTION SYSTEM AWARDED TO TEXAS AQUATIC SUPPL Y, INC. IN THE AMOUNT OF $52,700). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFOR, 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 VENDOR AMOUNT 3539 Texas Aquatic Supply, Inc. $52,700 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-BID 3539 AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 CM: Utility Administration Howard Martin, Utilities 349-8232" DEP ARTMENT: SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an extension of a lease agreement between the City of Denton, Texas and the Greater Denton Arts Council, Inc. for leasing and renovation of certain real property owned by the City of Denton; providing for the expenditure of funds therefore; and providing an effective date. BACKGROUND On September 1, 1981 the City entered into a contract with GDAC for the use of the building known as the Center for Visual Arts. The contract was for an initial period of 25 years with the ability to extend for an additional 25 years. However, some of the items in the contract were left open for negotiation upon renewal. OPTIONS 1. Accept recommended changes as outlined in the attached summary and draft amendment. 2. Give staff additional direction to make changes in the amendment. 3. Renew the prevailing contract without changes or amendments. RECOMMENDATION Option 1 is being recommended as it does set a maximum usage for the City. It also allows the City contributions to reduced, upon mutual agreement, throughout the term of the lease. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) On June 16, 2006, the Audit Committee directed staff to amend the contract to reflect the directives of a) providing a shared responsibility of utilities to promote conservative usage, and incorporate GDAC level of operational maintenance of the Center to be incorporated into the agreement. FISCAL INFORMATION The recommended changes in Option 1 will result in an approximate decrease of $8,300 in City funding and labor, and an increase of approximately $4,000 in funding by GDAC. The Exhibit 1 contains a summary of the impact on each organization. - 1 - EXHIBITS 1. Center for Visual Arts Contract 2. Contract Obligation Changes 3. Audit Committee Minutes 4. Audit Committee Minutes - 2 - Respectfully submitted, ~~~ Susan Croff Utility Process Q/C Auditor s: \Our Documents\Ordinances\06\GDAC.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN EXTENSION OF A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE GREATER DENTON ARTS COUNCIL, INC~ FOR LEASING AND RENOVATION OF CERTAIN REAL PROPERTY OWNED BY THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton hereby finds that the lease agreement between the City and the Greater Denton Arts ColUlci1, Inc.. ("GDAC"), attached hereto and made a part hereof by reference (the "Agreement") serve a municipal and public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein.. SECTION 2~ The City Manager, or his designee, is hereby authorized to execute the Agreement and to exercise all rights and carry out the duties and responsibilities of the City of Denton under the Agreement, including the expenditure of funds as provided in the Agreement. SECTION 3~ This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R~ McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: APPROVED AS TO EDWlN M. S GAL FORM: , CITY ATTORNEY BY: Exhibit 1 i , Y:\audit\2006 Audit Plan \AR1\Final GDAC Agreement-2006.doc LEASE AGREEMENT WHEREAS, the City of Denton, Texas (the "CITY" or "Lessor") and the Greater Denton Arts Council, Inc. ("GDAC" or "Lessee") entered into that certain lease agreement dated September 1, 1981 providing for leasing and renovation of certain real property owned by the CITY (the "Existing Lease"); and WHEREAS, the initial 25 year term of the Existing Lease is due to expire on August 31, 2006 and the parties desire to enter into this lease agreement (this "Agreement" or "Lease") to take effect on September 1, 2006 and thereby superceding the Existing Lease; and WHEREAS, GDAC is a Texas Non-Profit Corporation dedicated to the promotion and provision of artistic performances of all kinds for the benefit of the citizens of Denton; and WHEREAS, this Agreement promotes the goals of the CITY's Public Arts Policy as follows: In recognition of the role that public art already plays in Denton, by interpreting its history, character, and aspirations, and of the importance of integrating public art into the daily lives of its citizens, the City of Denton's Public Art Policy has been established to achieve the following goals: ~ Create distinct, attractive, and inviting public space by including public art as an integral part of the design of spaces and around development.. )> Celebrate Denton's cultural heritage and diversity by encouraging collaboration between artists and the community. )- Distinguish Denton's image in the metroplex by providing for the creation of quality public art in locations of prominent stature. )- Foster community education and enjoyment of public art. )> Promote a community enviromnent that attracts artists to live and work, businesses to invest and locate, and residents to thrive.. >> Encourage participation in the provision of public art through public and private investment.. ). Advance collaboration between the City of Denton and the Greater Denton Arts Council (GDAC) in achieving the goals of this policy, Now, Therefore, In consideration of the mutual covenants contained herein, the parties agree as follows: SECTIONl.. LEASEDPRENnSES Subject to the terms and conditions contained in this Agreement, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor that certain real property together with improvements thereon and appurtenances thereto located at the southeast comer of Hickory Street and Bell Avenue, commonly known as the Visual Arts Center of Denton, and legally described as lots 6, 7, and 8 of Block 3 of the Railroad Addition to the City of Denton, Denton County, Texas (the "Property" or "Leased Premises"). All other real property leased under the Existing Lease, including the electric plant property now being used by the CITY as a fire station, was previously removed from the Existing Lease and is not a part of this Lease.. 1 Exhibit 2 Y:\audit\2006 Audit P1an\AR1\Final GDAC Agreement-2006~doc SECTION 2. TERM The term of this Lease shall be for a period of25 years, commencing September 1, 2006.. SECTION 3. CONSIDERATION It is the opinion of the CITY that the prior remodeling and renovations made by GDAC under the Existing Lease has resulted in enhancement of the value of the Leased Premises thereby accruing multiple benefits to the citizens of the City of Denton, which are consistent with the type benefits historically provided for citizens by municipal governments, and therefore fulfills a valid municipal and public purpose and is in the public interest. Therefore, such benefits together with the lease payments provided herein, and other of Lessee's covenants, are good, valuable, and adequate consideration for the leasing of the Leased Premises under this Agreement. Lessee shall pay rent in the amount of $1.00 per year, which has been paid in full for the 25-year term as of the effective date of this Agreement. SECTION 4. USE OF THE PROPERTY Lessee shall use the Property primarily to promote and provide the citizens of Denton with artistic performances and presentations of any and all kinds including, but not limited to music, theater, art, dance and film. Such performances shall be open to the public without discrimination for such charges as determined by the Lessee. fu addition, the Property may also be used for other ancillary public purposes, but with the understanding that the primary use will be for the visual arts" Lessor will be able to use the Property for CITY events at no charge, subject to the availability of space.. Lessee hereby agrees not to use the Leased Premises for any other purposes without the written consent of Lessor. SECTION 5. COVENANTS OF LESSEE 1. Insurance. The Lessee shall during the term of this Lease and any extension thereof pUrchase and keep in full force and effect, a policy or policies of insurance written by a company or companies qualified to write insurance in the State of Texas and having an AM Best rating of B+ or better, providing for the following coverage: a. Primary hazard insurance coverage in the amount of $1,000,000, covering the building having a maximum deductible of $1000. Proceeds from any such policy or policies shall be payable to Lessor. Lessee is solely responsible for providing insurance for any contents on the premises and the Lessor shall have no liability or responsibility for loss or damage to said contents. The Lessor reserves the right to insure the building in excess of the above amount, which coverage shall be secondary to the insurance required of Lessee. b. Personal injury and property damage liability insurance in the minimum amount of $100,000 per occurrence for property damage, $500,000 per occurrence and $250,000 per person per occurrence for bodily injury or death. Such policy or policies of insurance shall name the City as an insured party. The parties recognize and acknowledge that the amounts of coverage provided for herein are, as of the date of this Lease, the maximum limits of liability imposed upon municipal governments under actions brought against said govenunental units under the Texas Tort Claims Act. (Section 101.023 of the Civil Practices and Remedies Code) Should the limits 2 Y:\audit\2006 Audit Plan\AR 1\Final GDAC Agreement-2006.doc under said act be increased during the term of this Lease, Lessee shall increase the amounts of coverage provided for herein to an amount equal to the maximum amount of possible liability imposed under the Act.. Lessee shall provide Lessor with certificates of insurance or copies of policies of insurance required to be secured by Lessee herein upon the effective date of this Lease, and thereafter no less than annually or prior to the expiration or renewal of such policies. 2.. Janitorial Services. Janitorial services are defined as cleaning services for the interior of the building. Lessee shall provide janitorial services to maintain the premises in a reasonably clean condition. Lessee and Lessor shall each be responsible for and agree to pay for fifty percent (50%) of the first $10,000 of costs of said janitorial services up to an amount of $5,000 per annum each. Seventy-five percent (75%) of any janitorial costs incurred above the original $10,000 per annum shall be paid by Lessee and the remaining twenty-five percent (25%) shall be paid by Lessor. Lessee shall provide Lessor with written proof of all janitorial costs. 3. Maintenance. Maintenance or maintain is defined as on-going work and repairs to the Leased Premises necessary to maintain the Property in the same condition. throughout the term of the Lease as is reasonably practicable, normal wear and tear excepted. Maintenance does not include janitorial services, remodeling, or the construction of additional improvements. Lessee shall maintain at its sole cost the landscaping and irrigation system. Lessor shall maintain the building and those areas outside the building, not including landscaping and irrigation system. Lessee shall reimburse Lessor on an annual basis for all building maintenance costs up to a maximum amount of $2,500 per year. Lessor shall be responsible for building maintenance costs exceeding $2,500 per year. Lessor shall provide Lessee with written proof of all building maintenance costs. Should Lessee desire to provide maintenance services for the building it may do so by providing Lessor with notice of such work before it is performed and by providing Lessor with written proof of such costs after the work is performed. The cost of such maintenance services will be credited against Lessee's annual $2,500 share for maintenance costs. 4. Future Adjustments. The parties agree that the cost sharing arrangement for janitorial and maintenance services will be reassessed periodically, but not less than every five years. SECTION 6. DESTRUCTION OF LEASED PREMISES If the building or other improvements on the Leased Premises should be damaged or destroyed by fire, tornado, or other casualty, the Lessor shall have the option to either repair or rebuild the same to substantially the condition in which they existed prior to such damage, provided the repairs or reconstruction can be made wholly from the proceeds of insurance coverage provided for by the Lessee. Should there not be sufficient monies available from such insurance proceeds to repair or reconstruct the Leased Premises to substantially the condition in which they existed prior to such damage, the Lessor may cancel this Lease. SECTION 7. UTILITY COSTS Lessor shall pay for electric utilities up to a maximum of 308,000 kilowatt hours usage per lease year. All electric costs above such maximum annual usage will be reimbursed to Lessor by Lessee no later than 60 days after Lessee receives written notice of such overage. 3 .. .....: '\t'o Y:\audit\2006 Audit P1an\AR1\Final GDAC Agreement-2006.doc Lessor shall pay for water utilities up to a maximum of 450,000 gallons usage per lease year for the Leased Premises and all wastewater and solid waste charges~ Lessor shall provide Lessee with written information of monthly usage on a monthly basis. All water utility costs above this maximum annual usage will be reimbursed to Lessor by the Lessee no later than 60 days after Lessee receives written notice of such overage. Lessee shall pay for costs of any telephone services~ The parties agree that the utility usage and cost sharing arrangement will be reassessed periodically, but not less than every five years. Notwithstanding the foregoing, it is lUlderstood that the annual maximums set forth in this section will not be increased. SECTION 8~ FINANCIAL STATEMENT, AUDIT Lessee shall furnish Lessor within thirty (30) days after the expiration of each lease year during the term of this lease a fmancial statement for prior fiscal year along with audited copy when received showing the total amount of monies received and expenditures made by Lessee during that year. Lessor shall have the right at all reasonable times to examine and audit, at Lessor's expense, the books and records of Lessee. SECTION 9. ACCESS TO LEASED PREMISES Lessee shall permit Lessor or its agents to enter the Leased Premises at all reasonable hours to inspect and maintain the Leased Premises or make repairs. SECTION 10. QlITETENJOYMENT Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the Leased Premises free from any eviction or any interference by Lessor so long as the Property Lessee is not in default of any terms of this Lease. SECTION 11. INDE:MNITY Lessee agrees to indemnify and hold Lessor harmless against any and all claims, demands, damages, costs, judgments and expenses, including reasonable attorneys' fees for the defense thereof arising from the conduct or management of Lessee's activities in the Leased Premises or from any breach or from any act .or negligence of Lessee, its agents, contractors, employees, concessionaires or licensees in or about the leased premises. SECTION 12. ENERGY AND WATER CONSERVATION The Lessee pledges to do everything within its power to enforce the best possible energy and water conservation practices during its use of the Leased Premises. SECTION 13. ASSIGNMENT OF SUBLEASE Lessee shall not assign this Lease and shall not sublease the Leased Premises or any part thereofwithout the express written consent of the Lessor~ SECTION 14. TERMINATION If Lessee defaults in the performance of any term, covenant, or condition required to be performed by it under this Agreement, Lessor may terminate this Agreement on giving at least 4 · ,'~ Y:\audit\2006 Audit P1an\AR1\Final GDAC Agreement-2006.doc 15 days notice to Lessee of such intention to terminate, thereby terminating this agreement on the date designated in such notice unless Lessee shall have cured such default prior to expiration of the 15 day period. SECTION 15. LEGAL CONSTRUCTION AND VENUE In case anyone or more of the provision contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision thereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. This Agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Exclusive venue for the enforcement or interpretation of this Agreement shall be a court of competent jurisdiction located in Denton COlUlty, Texas. EXECUTED this the day of , 2006. CITY OF DENTON, TEXAS BY: HOWARD MARTIN INTERIM CITY MANAGER A TrEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: {,(~ BY: N e: President ATTEST: City Secretary 5 215 E. McKinney St. Denton, Texas 76201 (940) 349-8230 · FAX (940) 349-8120 tl Ity mInIstratIon Obligations Utilities (units) Electric (kwh/month) Water (gallons/month) Contract Obligation Changes Current 3-Year Recommended Monthly Average Maximums CITY GDAC CITY GDAC Increase/Decrease CITY GDAC 28,000 53,000 25,700 37,500 Overage Overage (2,300) - (15,500) - Maximum Usage - The above usages are the calculated averages, based on total utilities paid by the City over the last 3 years with adjustments for usage anomalies. The new contract will set annual usages, as the maximum amount of usage the City will pay for the remaining 25 years. GDAC will pay any overages for usage related to the above maximums on an annual basis. Note: numbers are rounded. Current Costs Recommended Increase/Decrease CITY GDAC CITY GDAC CITY GDAC Janitorial $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ - $ - Landscaping $ 2,500 $ 2,500 $ - $ 5,000 $ (2,500) $ 2,500 Maintenance $ 32,000 $ 1,000 $ 30,500 $ 2,500 $ (1,500) $ 1,500 Insurance - Building $ 3,200 $ 1,500 $ 2,500 $ 1,500 $ (700 ) $ - Totals $ 42,700 $ 10,000 $ 38,000 $ 14,000 $ (4,700) $ 4,000 Janitorial obligations are split 50/50 for the first $10,000 expenditures. For each additional $1,000 expenditure over $10,000, GDAC pays 750~ or $750. Landscaping Maintenance had been split 50/50 and included in Janitorial. Landscaping will now be paid by GDAC. Maintenance increases of $1,500 may not represent an actual increase, as there are items that GDAC currently pays that can be claimed towards this maintenance item (eg. sealing floor). Building Insurance - The contract requires GDAC to cover $1,000,000 building insurance with a maximum deductible of $1,000. The City will carry the coverage of $2,000,000 as a secondary policy. This will ensure full cover of the building currently valued at $3,000,000. Exhibit 3 MINUTES AUDIT COMMITTEE July 19,2006 After determining that a quorum is present, the Audit Committee of the City of Denton, Texas convened in a regular meeting, Wednesday, July 19,2006, at 9:50 a.m. in the City Council Work Session room, at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Perry R. McNeill and Council members Joe Mulroy and Guy McElroy EX OFFICIO MEMBERS: Howard Martin, City Manager Jon Fortune, Assistant City Manager Andrea Gage, Internal Auditor Susan Croff, Utility Process/Quality Control Auditor Joe Mulroy called the meeting to order at 9:50 AM. 1. Consider approval of Audit Committee minutes of: A. July 14, 2006 Minutes were approved as circulated (3-0). 2. Management Report- A. Audit Committee Action Item Matrix Jon requested to clarify an action item page 3, item 47 of the matrix to contain the topic it is regarding, Health Insurance Increases. Joe agreed with the change. 3. Receive a report, hold a discussion and give staff direction on proposed amendments to the contract with Greater Denton Arts Council (GDAC) for the use of the Center for Visual Arts building and related City funding. A hand out provided details of the GDAC contract obligation changes for the use of the Center for Visual Arts as negotiated with GDAC. The Committee recommended the negotiated GDAC contract and backup information be forwarded to Council as a consent agenda item (3-0). ACTION ITEM: Forward the negotiated GDAC contract and backup information to Council. 4. Receive a report, hold a discussion and give staff direction on the City Five- Year Financial Forecast. Joe requested another meeting of the Audit Committee before the financial forecast is presented to Council on July 25th. Joe requested another presentation of the overview sheet using the estimates for unsubstantiated numbers. Present the inclusion of the baseline supplemental packages and the enhancement supplemental packages separately. Both overview sheets should include any type of tax or other revenue increase necessary to support each category. lof3 Exhibit 4 ACTION ITEM: Prepare budget overview segregating baseline and enhancement packages. Include tax or other revenue change needed to support each category. Information with a draft policy was presented setting a specific amount for Mayor, Mayor Pro Tem, and City Council member travel reimbursement. There was some discussion on if there were any Federal requirements on how mileage is substantiated. Staff responded that there are no Federal requirements for how mileage is to be substantiated. The mileage form will be changed to allow additional flexibility to capture mileage for reimbursement. ACTION ITEM: The Audit Committee recommends the Council Travel Expense policy with backup be forwarded to City Council with the change in mileage form. Include the proposed monetary changes in the budget. Clarified information provided on Human Services Fund confirms that the entire general fund cost is $1.55 per capita. It was confirmed that this number was not used to compare to other cities. The numbers used to compare among cities includes only the contribution amount going to the agencies. The Police department presented staffing information and included regional comparisons. ACTION ITEM: Police are to provide a similar comparison with other cities of the same makeup. Include data on staffing, response times and population. Then compare those numbers to the regional benchmark. ACTION ITEM: Police are to provide realistic average annual leave numbers for all position evaluations and reassess staffing needs. ACTION ITEM: Provide the number of 9-1-1 calls that were not answered due to wait time, and the average wait time for a call to be answered. Compare those numbers with other cities. ACTION ITEM: Police are to review charts for relevance and accuracy. Insure that business plan reflects consideration of the positive changes to work environment, including projected changes in absenteeism and retention. Joe requested a time frame be added to the ordinance for pawnshop participation in L.E.A.D.S Online. The suggested time frame is 3 months. With the time frame included in the ordinance it is approved to go to Council on the consent agenda. ACTION ITEM: Forward the L.E.A.D.S. Online ordinance to Council as a consent agenda item with a recommended compliance time frame of 3 months. Joe restated that Denton Municipal Electric (DME) is passing the streetli2hts warranties onto the City government. He is requesting that DME capture the warranty labor costs upon installation of the streetlights and possibly passing that cost on to developers. Management should determine the appropriate length of warranty that should be required. Joe stated that although he supports standardization of streetlights, there would be exceptions. He recommends staff create a policy to address those exceptions. 20f3 ACTION ITEM: Create a policy and guideline for exceptions to the standardized street light requirements. Updates to the Compensation Issue Paper were provided with changes requested by Audit Committee. Carla also stated that 60% of the employees earn less than $50,000 gross annually. Joe requested that Scott Payne and the Insurance Committee try to decrease the impact on employees by considering an increased percentage of City premium subsidy and revisiting the proposed plan design. ACTION ITEM: Revaluate the percentage of City paid insurance premium subsidy, and revisit proposed plan design. 5. New Business - This item provides an opportunity for the Committee members to suggest items for future agendas or to request information for future meetings. 6. Subsequent Meeting Schedule - Discuss subsequent meeting needs and schedules - DATE July 24, 2006 TIME 11 :00 AM LOCATION City Council Work Session Room The meeting adjourned at 11:18 AM. 30f3 AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 DEPARTMENT: City Manager's Office Howard Martin, 349-8232 .. CM: SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Historical Park Foundation of Denton County, Inc. to refurbish the Quakertown House, an African American Historical Museum; providing for a $2,000 expenditure of funds therefore; and providing an effective date. BACKGROUND Deputy Mayor Pro Tem Joe Mulroy has made a request for the expenditure of $2,000.00 from his contingency account to be made to the Historical Park Foundation of Denton to refurbish the Quakertown House. Per the contract, the funds are to be used to help pay for these cost. Funds will be distributed with appropriate receipts upon the approval of the ordinance by the City Council. Respectfully submitted: Howard Martin City Manager Prepared by: Linda Holley Executive Assistant s: \OUT Documents\Ordinances\06\Historical Park Foundation Ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE HISTORICAL PARK FOUNDATION OF DENTON COUNTY, INC. TO REFURBISH THE QUAKERTOWN HOUSE, AN AFRICAN AMERICAN HISTORICAL MUSEUM; PROVIDING FOR A $2,000 EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton hereby finds that the Program and the agreement between the City and the Historical Park Foundation of Denton County, Inc.. attached hereto and made a part hereof by reference (the "Agreement") serve a municipal and public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided in the Agreement SECTION 3~ This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE HISTORICAL PARK FOUNDATION OF DENTON COUNTY, INC. FOR THE QUAKERTOWN HOUSE MUSEUM This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and The Historical Park Foundation of Denton County, Inc., a Texas Non-Profit Corporation, hereinafter referred to as "Foundation": WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public interest; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES Foundation shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: The funds being provided shall be used by the Foundation to refurbish the Quakertown House as an African American Historical Museum. The Quakertown House has been moved to the Historical Park next to the Bayless-Selby House Museum. II. OBLIGATIONS OF FOUNDATION In consideration of the receipt of funds from City, Foundation agrees to the following terms and conditions: A. Two Thousand Dollars ($2,000.00) shall be paid to Foundation by City to be utilized for the purposes set forth in Article I. B. Foundation will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. c. Foundation will permit authorized officials of City to review its books at any time. D. Foundation will reduce to writing all of its rules, regulations, and policies and file a copy with the City along with any amendments, additions, or revisions whenever adopted. E. Foundation will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. Foundation will appoint a representative who will be available to meet with City officials when requested. G. Foundation will submit to City copies of year-end audited financial statements. ill. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: August 15, 2006 through August 15, 2007, unless the contract is sooner terminated under Section VII "Suspension or Termination". IV. PAYMENTS A. PA YMENTS TO FOUNDATION. City shall pay to Foundation the sum specified in Article II after the effective date of this Agreement. B. EXCESS PAYMENT. Foundation shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Foundation; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. v. EVALUATION Foundation agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Foundation agrees to make available its financial records for review by City at City's discretion. In addition, Foundation agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Foundation shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. An explanation of any major changes in program services. D. To comply with this section, Foundation agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Foundation's Tecord system shall contain sufficient documentation s: \Our Documents\Contracts\06\Historical Park Foundation-Quakertown Home. doc Page 2 of 7 to provide in detail full support and justification for each expenditure. Foundation agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. E. Nothing in the above subsections shall be construed to relieve Foundation of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, Foundation shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereofwherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Foundation understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Foundation's governing body shall be available to City within ten (10) working days of approval. VIT. TERMINATION The City may terminate this Agreement for cause if Foundation violates any covenants, agreements, or guarantees of this Agreement, the Foundation's insolvency or filing of bankruptcy, dissolution, or receivership, or the Foundation's violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. VID. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Foundation shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Foundation will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. c. In the event of Foundation's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Foundation may be barred from further contracts with City. S:\Our Documents\Contracts\06\Historical Park Foundation-Quakertown Home.doc Page 3 of 7 IX. WARRANTIES Foundation represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Foundation on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Foundation. c. No litigation or legal proceedings are presently pending or threatened against Foundation. D. None of the provisions herein contravenes or is in conflict with the authority under which Foundation is doing business or with the provisions of any existing indenture or agreement of Foundation. E. Foundation has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Foundation are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Foundation to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. x. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. S:\Our Documents\Contracts\06\Historical Park Foundation-Quakertown Home.doc Page 4 of 7 c. Foundation shall notify City of any changes in personnel or governing board composition. XI. INDEMNIFICATION To the extent authorized by law, the Foundation agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the Foundation or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of Foundation, its officers, employees, agents, subcontractors, licensees and invitees. XII. CONFLICT OF INTEREST A. Foundation covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Foundation further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Foundation further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. c. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval 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. XIII. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, or via hand-delivery or facsimile, addressed to Foundation or City, as the case may be, at the following addresses: S:\Our Documents\Contracts\06\Historical Park Foundation-Quakertown Home.doc Page 5 of 7 CITY FOUNDATION City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Fax No. 940.349.8591 Dr. Rynell Novak, Chairman Historical Park Foundation of Denton County 110 W. Hickory Denton, TX 76201 Fax No. 940.349.2851 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XIV. MISCELLANEOUS A. Foundation shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Foundation hereunder, or any other act or failure of City to insist in anyone or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Foundation. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. s: \Our Documents\Contracts\06\Historical Park Foundation-Quakertown Home. doc Page 6 of 7 IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of , 2006. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ATTEST: B~~~~~ S:\Our Documents\Contracts\04\Historical Park Foundation-Quakertown Home.doc CITY OF DENTON, TEXAS BY: PERRY R. McNEILL, MAYOR THE HISTORICAL PARK FOUNDATION OF DENTON COUNTY, INC. BY: ~.rL ~ DR. R LL NOV AK, CHAIRMAN Page 7 of 7 AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 CM: Transportation Operations Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Consider the adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute on behalf of the City of Denton Amendment No.3 to an Airport Project Participation Agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport and declaring an effective date. The Airport Advisory Board recommends adoption of this ordinance, 5-2. BACKGROUND In January 2002 the City of Denton entered into an Airport Project Participation Agreement (APPA) with the Texas Department of Transportation, Aviation Division (TxDOT) for the Tower Terminal Project (grant). The original grant was for a total grant match of $800,000. This was a 50:50 TxDOT match of $500,000 for the Tower Project and $300,000 for the Terminal Project. Security concerns after the September 11, 2001 terrorist attacks led to the originally planned joint use Tower-Terminal Project to be separated to achieve increased safety and security of the air traffic control operation. In September 2004, an additional 50:50 TxDOT grant of $100,000 was offered to provide for the construction of an auto parking lot for the proposed Terminal Building. With this amendment, Amendment No.1, the Terminal Project realized a total TxDOT match of $400,000 for the Terminal project. TxDOT is also applying a 90:10 federal Non-Primary Entitlement Grant (NPE) to the construction of the Terminal providing a combined funding source of $166,667, $150,000 federal share and $16,667 local share. Total aid in construction for the project, TxDOT and federal, is $550,000. On March 7, 2006 the City Council adopted Ordinance No. 2006-068 approving Amendment Number 2 to the Tower-Terminal Grant. This amended the procedure for financial payment and nominated TxDOT to serve as the agent to reduce financial liability, enhance compliance with grant regulations and improve efficiencies in grant administration within TxDOT. This amendment required that the City of Denton submit the sponsor's local share of the estimated project cost to TxDOT prior to advertising the bid for the project. Furthermore, Amendment Number 2 requires that should the low bid exceed the estimated project cost and TxDOT grant match, the sponsor will be required to submit the additional local share to TxDOT prior to accepting the low bid and initiating a construction contract with the low bidder. GRW Willis is the architect for the project and City of Denton Facilities Management has been retained to provide project management. GRW Willis provided a probable construction cost of $803,238 and subsequently put the project out for bid through TxDOT in May 2006. A bid opening was held on June 6, 2006 with Central Builders of Denton, Texas submitting a low bid in the amount of $1,140,778. A terminal project bid list has been attached as Exhibit 4 for your reference. The bid to construct the proposed terminal project is $337,540 above the architect's probable construction cost estimate of $803,238. Additionally, certain construction services and related items are not eligible under the 50:50 TxDOT grant. The architect's estimate did not include the aforementioned non-eligible costs of landscaping, project contingencies, impact fees, tap fees, data/fiber, phones, furniture, or other related fixtures and equipment. These expenses were originally estimated at $150,000 and programmed through the use of gas well revenues and later through the use of Airport certificate of obligation bonds issued in July 2006. The Airport Terminal budget has a $97,380 fund balance to facilitate the project. The low bid of $1,140,778, the revised 'additional costs' of $162,315, the design/engineering fees of $78,512 and bid advertising fees of $2,102 amount to a total estimated project cost of $1,383,707. This results in a difference of $355,857 from the February total project estimate of $1,027,850. Maximizing the $550,000 in aid in construction will require an additional $364,070 in local funding to accept the bid and proceed with construction. Exhibit 6, Airport Terminal Building Construction Costs, outlines project funding and participant share of project costs. City staff has identified the use of a portion of the $700,000 in CO Bonds issued in July 2006 for Airport Capital Projects to cover the anticipated funding shortfall. Approval of the $364,070 in CO funding will allow for the City to submit the remaining local share amount of $268,775.46 to TxDOT. This will increase the total TxDOT grant agreement by $254,724.65 from $1,800,000 to $2,054,724.65, $1,154,724.65 is the sponsor's share for tower and terminal. Approval will also allow for TxDOT to execute a contract with Central Builders to begin construction of the proposed Terminal Building. OPTIONS I. Redesign and re-bid the project. II. Approve the proposed Grant Amendment Number 3 and authorize the use of additional CO funds to facilitate the project. III. Provide staff direction with additional options. RECOMMENDATION The Airport Advisory Board and staff recommend Option II. ESTIMATED SCHEDULE OF PROJECT The TxDOT bid process requires contractors to guarantee bids for 60 days. TxDOT initially requested that a response must be provided by August 4, 2006. The City has secured an extension by Central Builders to guarantee the bid price up to September 1, 2006. Should the City Council adopt the proposed ordinance approving Amendment Number 3 to the grant and approving the additional local share of funding, the estimated six-month construction phase could begin within 30 days of project approval and notice to proceed. PRIOR ACTION/REVIEW The City Council approved Amendment Number 2 to the Terminal Grant on March 7, 2006 providing for an estimated grant eligible construction cost of $877,850 and an estimated total 2 project cost of$I,027,850. The Airport Advisory Board met in a Special Called meeting on June 30, 2006 to review the cost overruns with the architect, Facilities Management and Airport Management and recommended 4-2 to move forward with funding the project. At the July 12, 2006 Airport Advisory Board Meeting, the Airport Advisory Board voted 5-2 recommending adoption of the proposed amendment Number 3. Board Members Charles Brown and Jay Anderson voted ney at both meetings. FISCAL INFORMATION A 90:10 federal NPE grant is in place for $150,000 of matching funds to assist in the construction of the Terminal. A 50:50 match grant is in place for construction services related to the proposed airport terminal building and related parking lot. Total project participation by TxDOT is now proposed at $400,000 and federal participation will be $150,000. Construction, equipment and furnishing cost is now estimated at 1,383,707 and local participation is estimated at $833,707 or 60% of the project cost. EXHIBITS 1. Ordinance 2. Grant Amendment Number 3 3. TxDOT Payment Request 4. Terminal Project Bid List 5. GRW Willis Schedule of Values 6. Airport Terminal Construction Costs 7. Airport Board Draft Minutes, June 30, 2006 8. Airport Board Draft Minutes, July 12, 2006 Respectfully submitted: o/d p~ Mark Nelson, CM Chief Transportation Officer 3 S :\Our Documents\Ordinances\06\ TxDOT Grant Agreement Amendment 3.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERllvI CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AMENDMENT NO.3 TO AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION DATED JANUARY 8, 2002 RELATING TO THE CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING AN EFFECTNE DATE. WHEREAS, pursuant to Ordinance No. 2002-005 the City of Denton ("City") entered into an Airport Project Participation Agreement, dated January 8, 2002 with the Texas Department of Transportation ("TxDOT") related to the construction of improvements consisting of the air traffic control tower, airport terminal building, and auto parking lot at the Denton Municipal Airport, referenced as TxDOT Contract No. 2XXA V018 (the "Existing Agreement"); and WHEREAS, pursuant to Ordinance No. 2005-286 on September 21, 2004, the City entered into Amendment No.1 to the Existing Agreement; and WHEREAS, pursuant to Ordinance No. 2006-068 on March 7, 2006, the City entered into Amendment No.2 to the Existing Agreement; and WHEREAS, TxDOT and the City desire to enter into Amendment No. 03 to the Existing Agreement, a copy of which is attached hereto and made a part hereof by reference ("Amendment No.3"), to increase the funding by $254,724.65, increasing the total project cost to $2,054,724.65 and the City's share of eligible project costs to $1,154,724.65; and WHEREAS, the City Council deems it in the public interest to approve Amendment No. 3; 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 as true. SECTION 2. The Interim City Manager or his designee is hereby authorized to execute Amendment No. 3 in substantially the form of the attached Amendment No. 3 on behalf of the City of Denton. SECTION 3. The Interim City Manager or his designee is the City's authorized representative who is directed to comply with any assurances, conditions, or agreements required to be executed to receive the funds provided ~der Amendment No.3, including payment of the City's share of the estimated construction costs. SECTION 4. The Interim City Manager, or his designee, is authorized to exercise all rights and duties of the City of Denton under .Amendment No. 3 and to make any expenditures provided for therein. . EXHIBIT 1 S :\Our Documents\Ordinances\06\ TxDOT Grant Agreement Amendment 3.doc SECTION 5~ This ordinance shall become effective immediately upon its passage and approvaL PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY' BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY rt/ BY: Page 2 of2 t ~ "- .... '" TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (State Assisted Airport Development) Amendment No. 03 to the Agreement TxDOT CSJNo.: 0218DENlN TxDOT Project No.: AP DENTON 3 TxDOT Contract No. : 2XXAV018 Conunission Approval: September 27,2001 Part I - Identification of the Project TO: The City of Denton, Texas FROM: The State of Texas, acting through the Texas Department of Transportation The City of Denton, hereinafter referred to as the nSponsorfl, and the Texas Department of Transportation, hereinafter referred to as the nState, It have entered into an Airport Project Participation Agreement TxDOT CSJ Number 0218DENTN, executed by the Sponsor on January 8, 2002, and by the State on January 22, 2002, for the development of the Denton Municipal Airport. The project is described as design and construction services to: build an airport terminal building and an air traffic control tower and auto parking lot at the Denton Municipal Airport Part II - Offer of Financial Assistance, estimates total project costs to be $1,800,000. Financial assistance is currently limited to $900,000 state funds and $900,000 in local sponsor funds. - It is in the mutual interest of the Sponsor and the State to amend the Airport Project Participation Agreement at this time to increase the agreement by $254,724.65 in local share to cover the actual bid results for the terminal building "and parking lot. In consideration of the partiesl mutual promises, the following amendment to the Airport Project Participation Agreement shall become effective upon execution of this Amendment by the Sponsor and the State. The Airport Project Participation Agreement is "amended to following: Page 1 of3 EXHIBIT 2 1. Part II, paragraph 1 of the Agreement, change Amount A, total project costs, and any further references in the Agreement to Amount A, to $2,054,724.65. 2. Part II, paragraph 1 of the Agreement, change Amount B, State's share of eligible project costs, and any further references in the Agreement to Amount B, to $900,000. 3. Part II, paragraph 1 of the Agreement, change Amount C, Sponsor's share of eligible project costs, and any further references in the Agreement to Amount C, to $1,154,724.65. All other terms and conditions of the agreement are unchanged and remain in full force and effect. The above amendment to the Airport Project Participation Agreement between the City of Denton and the Texas Department of Transportation is mutually agreed to and accepted. Executed this day of ~20_ The City of Denton", Texas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ED\lIN M. SNYDER, CITY ATTORNEY ~~: ,/-' Page 2 of3 Execution by the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STAlE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: Page 3 of3 epartment of Transportation AVIATION DIVISION 125 E. 11TH STREET. AUSTIN, TEXAS 78701-2483. 512/416-4500. FAX 512/416-4510 June 29, 2006 Mr. Mark Nelson City of Denton 215 East McKinney Del1toll, Texas 76201 TxDOT Project No.: AP DENTON 3 TxDOT CSJNo.: 0218DENTN Fund Source: 4114000006 Dear Mr. Nelson: The sponsor's share of the total project costs is estimated to be $1,154,724.65. Our records indicate we have received $355,590 in cash applied towards this project and have credited $500,000 from the control tower project and credited another $30,359.19 for design services related to the terminal building. We are requesting the additional funds of$268,775.46. Please remit payment to the address as follows not later than July 18, 2006. Texas Department of Transportation P.O. Box 5020 Austin, Texas 78763. Attn.: Diana Ruiz Sincerely, ~'\. . i'\ f\ ! , -~\ fi - . II~; " n h { tui ( ';';1 I LLi. '~~~(\ { ~f' (~'~JJr(r Ilr..~ .~ ,\ 1 J ~ \)\ \ \J v .. i 1 !\JV \ . B '\"". ~......- \J ~,~ Allison Martin Grant Manager cc: Diana Ruiz EXHIBIT 3 An Equal Opportunity Employer Airport Terminal Bid Opening 6/6/06 Contractors Submitted Bids Central Bu ilders Denton, TX Base Bid: Yes Add #1 : yes $1,135,000.00 Alt #1 $5,778.00 Total Bid: $1,140,778.00 Reeves Construction Svc Inc. Mesquite TX Base Bid: Yes $1,239,750.00 Add #1 : yes Alt #1 $6,600.00 Total Bid: $1,246,350.00 Acco General Contractor Ft. Worth Base Bid: Yes $1,251,660.00 Add #1 : yes Alt#1 $6,280.00 Total Bid: $1,257,940.00 Faine Group Ft. Worth Base Bid: Yes $1,257,000.00 Add #1 : yes Alt #1 $9,500.00 Total Bid: $1,266,500.00 Basecom Ft. Worth Base Bid: Yes $1,404,000.00 Add #1 : yes Alt#1 $11,503.00 Total Bid: $1,415,503.00 EXHIBIT 4 ~ D... III C'll O'l II O'l G.I 0 0 - "'- N N .s <( '<:;f"- '<:;f"- o OJ I-"C m tJ) CJ) ~ c; > '+- o CJ) :i "C CJ) .t: (.) en ~ ~ ~ C) C'I s::: :St: ~e- 1Il~ ~ % III ~"~ ~ .~ ~ l- s::: e e- ~~~ <(00 g~ ~~ "'-<0 G.loo a. ~ ~ ~ ~ ::R ~ ~ ~ ;; I""- ~ 00 ~ 0 N C") "! 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"C ~ ~ ~ c g ...J 0> 0 c E ci 0> ~ g [ ~ : .S w 0> C'" ~ "'C W co -5 ~ E .5 ::J ~ C x r:: co u: o cD 0>- ~ I- .a (u 0 'E "'C 0 ::J ~ ~ t of< of< it EF.)- ca LL 1:: o .c tn .... u CD .0' ... a.. ca .... o I- Exhibit 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DRAFT MINUTES AIRPORT ADVISORY BOARD MEETING JUNE 30, 2006 After determining that a quorum was present, the Airport Advisory Board convened in a Special Called Meeting on Friday, June 30, 2006 at 12:00 p.m. in the Denton Civic Center Building in the Community Room at 321 East McKinney, Denton, Texas. BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don Smith, Jay Anderson, Charles Brown, Larry Luce, and John Kristoferson. BOARD MEMBERS ABSENT: Bob Eames excused absence. STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Tim Whitman, Airport Manager, and Julie Mullins, Aviation Assistant. PUBLIC PRESENT: Linda Ratliff, Director of Economic Development, Karen Dickson, Denton Chamber of Commerce, Bruce Henington, Director of Facilities Management, Herman Lawson, Facilities Management Project Manager, and Brian Glass, GRW Willis, Inc. Architects. ITEMS FOR INDIVIDUAL CONSIDERATION I. Receive a report, hold a discussion, and provide a recommendation on the Airport Terminal Building project to include a discussion with GRW Willis and Facilities Management on the Terminal Building bids, construction schedule and available options. Mr. Woolfolk moved this item to second to allow time for other Board Members to arrIve. John Kristoferson and Don Smith arrived at 12:08 p.m. Mr. Whitman introduced Bruce Henington, Herman Lawson and Brian Glass to the Board. Mr. Whitman stated the goal of this meeting is to give an overview of the Terminal Building Project, to ask questions of the Architect, Facilities Management and Airport Staff and to talk about the additional funding needed to complete the Terminal Building Project. Mr. Woolfolk commented that Jay Anderson, Larry Luce and he met with the Architect and Facilities Management on June 21. There were 5 options discussed. Option #1 is to go back to the drawing board and start over, but the FAA indicated that funding might be lost and they have never seen a project that has been reworked t11at has come in cheaper. Option #2 is to have Facilities do some value engineering, but by law the City cannot do that. Option #3 is to find the additional funds needed; this is the preferred option. Option #4 is a combination of Options 2 & 3, but there Exhibit 7 AIRPORT ADVISORY BOARD DRAFT MINUTES JUNE 30, 2006 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Inay be legal problems with that approach because of the value engineering. Option #5 is to discontinue the project wait to begin the project at a later date. With this overview, Mr. Woolfolk asked if anyone had any questions. Brian Glass commented that the Terminal Building Project received 5 bids. The contractor, the lowest bidder, was asked to provide the architect with a schedule of values. Mr. Glass broke down the price by divisions of work and specifications. There were five divisions that incurred major increases, divisions 2, 4, 8, 15 and 16. Division 2 is one of the biggest increases, which is site planning (drainage, utilities, asphalt pavement), going from $81,087 to $ 232,970. Divisions 15 and 16 were other major increases rising from $78,829 to $166,500 and $79,145 to $159,900 respectively. Two things happened before going to bid and during the bid process; changes to the scope of work were made in those areas and metal costs rose significantly. Mr. Glass indicated that the range of bids was fairly tight suggesting that bids are indicative of the market at this time. Mr. Charles Brown inquired as to the size of the building. Mr. Glass responded that it is a 5,000 square foot building. Mr. Herman Lawson commented that based on the 4,600 square foot plan, construction costs would be $170.00 dollars a square foot for the building and the parking lot is $11.45 per square foot. Mr. Woolfolk commented that we have to comply with TxDOT grant requirements which increases the project cost over what a private developer may typically experIence. Mr. Charles Brown asked when the probable cost estimates were completed. Mr. Glass said they were completed in November 2005 and drawings were due in December 2005. Mr. Brown questioned why after only three months we are $350,000 over budget before even getting started. Mr. Woolfolk said capital project costs are being experienced allover the City. Mr. Brown voiced his concern for the high cost per square foot to build the building and recommended building something that cost less to construct. Mr. Nelson asked Mr. Glass what their design fees are and Mr. Glass said 7-10% of the project cost. Mr. Larry Luce stated that the building is in three modules, and looking at the soil report a pier and beam foundation must be utilized. Mr. Brown asked if this bid could be canceled. Mr. Woolfolk said the problem with that is time and inflation. AIRPORT ADVISORY BOARD DRAFT MINUTES JUNE 30, 2006 PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Mr. Kristoferson commented that without the building there will be additional costs for administrative office rent and only a marginal cost savings could be expected. Mr. Whitman stated we are working with a grant on this project and if we cancel this project we will have to start over and apply for a new grant. Mr. Nelson commented that the City will be listing the bonds for the runway extension project as Airport capital projects so that there is flexibility in the use of the funds and they can be used to make up the short fall in the terminal project. Rick Woolfolk stated that action on this item must go to City Council by July 18, 2006 because TxDOT has to notify the low bidder by August 6, 2006. A motion was made by Larry Luce to recommend to City Council to accept the low bid and ask Council to appropriate the necessary additional funds and instruct the Architect to work with the Contractor to seek ways of lowering costs without altering the basic project configuration. Mr. Don Smith seconded the motion. Motion carried 4-2. Mr. Nelson indicated that a grant amendment would be initiated and brought back to the Advisory Board at the July 12 meeting. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DRAFT MINUTES AIRPORT ADVISORY BOARD MEETING JULY 12, 2006 After determining that a quorum was present, the Airport Advisory Board convened for a Regular Meeting on Wednesday, July 12, 2006 at 5:30 p.m. in the Denton Civic Center Building in the Community Room at 321 East McKinney, Denton, Texas. BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don Smith, Jay Anderson, Charles Brown, Bob Eames, Larry Luce, and John Kristoferson. BOARD MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Tim Whitman, Airport Manager, Herb Prouty, Consulting Attorney, and Julie Mullins, Aviation Assistant. PUBLIC PRESENT: John Vann and Jan Vann ITEMS FOR INDIVIDUAL CONSIDERATION IV. Receive a report, hold a discussion and provide a recommendation to the City Council authorizing the City Manager to execute on behalf of the City of Denton Amendment No. 3 to an Airport Project Participation Agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport, and declaring an effective date. Mr. Whitman briefed the Airport Advisory Board on the direction staff received from a Special Called Meeting on June 30, 2006; Airport management has moved forward with this item to go to City Council at this time including the TxDOT Amendment Number 3. Mr. Brown raised a question on the text included in the Recommendation section of the Draft Agenda Information Sheet prepared for Council concerning the Terminal grant Amendment Number 3. Airport Project Participation Agreement No.3. Mr. Brown requested that the recommendation state only that the "Airport Advisory Board and staff recommend Option II." The Board and staff agreed to this amendment to the draft Agenda Information Sheet. Mr. Brown gave an overview of the June 30, 2006 meeting for the benefit of Mr. Eames and expressed his concern for the overall cost of the project stating that he believed the terminal project could be completed for less. Dr. Smith arrived approximately at 5:36 p.m. Mr. Eames commented that he appreciated the opportunity for the additional discussion on this item since he was not present at the June 30 meeting. Exhibit 8 AIRPORT ADVISORY BOARD DRAFT MINUTES JULY 12,2006 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Dr. Kristoferson arrived approximately at 5 :42 p.m. Mr. Woolfolk commented that the Architect and Facilities Management discussed the increase between the actual project cost and the estimate. There were some modifications made to the project scope between the time of completion of the cost estimate and bid opening and the cost of construction have escalated, especially fuel and asphalt. He also stated that the TxDOT has received the increase information, so they are aware. Mr. Nelson reported that the Architect had stated in the June 30, 2006 meeting that by looking at the spread of bids, he felt like the bids are in line with current market prices. Mr. Anderson concurred with the statements made this far, but believes the terminal project should wait for building prices to come down. Mr. Anderson also recognized the grant funding cycle and the need to capitalize on the grant funds. Mr. Brown reiterated his concern with the cost of the project. Dr. Smith stated that the cost of construction is going up; the fundamental discussion is that we build a decent terminal building that will last for decades. We have seen remarkable growth in the past 10-15 years and the terminal building proposed is right for Denton. We need a new terminal building; the price is too high but if this is the going rate we have to move forward with it. Dr. Kristoferson agreed with comments by Dr. Smith about the need for a quality facility, and suggested that it may be too small when compared to McKinney and other competing airports. Dr. Kristoferson further suggested that other creative fmancing such as private partnerships with airport tenants may be able to improve the economics of the project. Dr. Smith made a motion to approve the proposed amendment and provide a recommendation to the City Council. Rick Woolfolk seconded the motion. Motion carried 5-2. AGENDA INFORMATION SHEET AGENDA DATE: August 15, 2006 DEP ARTMENT: CM: Human Resources Howard Martin, 349-8232 .. SUBJECT Consider and confirm the re-appointment by the City Manager of Vicki Henington to the Civil Service Commission. BACKGROUND Vicki Henington's term expires in August of 2006; however, she is eligible to serve another term. In compliance with Chapter 143.006 (b) of the Texas Local Government Code, the municipality's chief executive (City Manager) shall appoint a member to serve a three-year term and the governing body (City Council) shall confirm this appointment. RECOMMENDATION The City Manager has elected to re-appoint Vicki Henington to the Civil Service Commission. PRIOR ACTION REVIEW No prior action or review. FISCAL INFORMATION This item has no fiscal impact. EXHIBITS 1. Bio for Vicki Henington Respectfully submitted: ...~ ~Lt. .." .. . u~.Ji Carla J. Komlne Director of Human Resources 1 Vicki R. Henington Vicki Henington began her working career in Human Resources as a Generalist with Moore Business Forms in 1972. After owning her own business for five years, she returned to school to complete her bachelor's degree in Business with an emphasis in Human Resources from Texas Woman's University. Her experience as Director of Human Resources for a major corporate law firm in Dallas has provided her with extensive experience in the human resources field. Vicki has also worked at North Central Texas College, Corinth Campus, as the Workforce Training Administrator developing customized training workshops, courses, and seminars for businesses in three counties including Denton, Montague, and Cooke. Her most recent job in Human Resources, was serving as the Human Resources Director for the City of Corinth. She is now working in the Real Estate field. Vicki serves her community with her in involvement in her church and by serving as a Civil Service Commissioner (since February of 2002). Exhibit 1 AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 DEPARTMENT: Streets ICM: Howard Martin, 349-8232 .. SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement by and between the City of Denton, Texas and The Town of Argyle, Texas to provide gas well inspection services; and providing an effective date. The Public Utilities Board recommends approval (4-0.) BACKGROUND In June 2006, the Town of Argyle requested to enter into an interlocal agreement to receive gas well inspection services from the City of Denton. The Town of Argyle gas well regulations are similar to the regulations currently enforced within the City of Denton. Argyle Town Administrator Tobin Maples submitted a letter of request for inspection services and an interlocal agreement similar to the one previously approved for the Town of Copper Canyon and City of Corinth (Exhibits 1 & 2). The City of Denton Legal Department and Environmental Division reviewed the Argyle regulations and determined that a similar inspection process would be applicable. Consideration was given to the time and resources available to extend inspection services to locations anticipated within Argyle. Due primarily to the fact that original projections of inspection activity in Denton were based upon vertical drilling techniques that are largely replaced in the Barnett Shale formation by horizontal drilling that requires fewer drilling sites, Staff determined that sufficient personnel and material resources are available to accommodate the Town of Argyle request for interlocal inspection services. A cost schedule for services has been determined to allow full recovery of out-of- pocket cost as well as general overhead expenses associated with gas well inspection services provided to Argyle. No additional investment or budgeted operating cost will be required by the City of Denton to provide these services; therefore, all revenue collected under a proposed inter local agreement will apply to funding the current fixed cost of gas well inspection services. The proposed interlocal agreement stipulates the scope and charge for gas well inspection services. The City of Denton Staff and representatives from Argyle have developed the procedure for conducting and reporting services. To date, no inspections have been performed for the two cities currently under interlocal agreement with Denton for gas well inspection services. The Town of Argyle has been under a drilling moratorium and three or four gas wells are anticipated to be permitted by the end of August 2006. Ongoing drilling activity should be minimal due to the limited land area within Argyle Town Limits. OPTIONS 1. Approve proposed interlocal agreement to provide gas well inspection services to Town of Argyle as prepared by staff for presentation to Denton City Council. 2. Recommend revisions for presentation and consideration at a future agenda. 3. Not approve the agreement to provide gas well inspection services to other jurisdictions. RECOMMENDATIONS Staff recommends approval of the Interlocal agreement with the Town of Argyle for gas well inspection services. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) This item was presented to the Public Utilities Board at their July 24th regular meeting. The Public Utilities Board recommends approval 4-0. EXHIBITS 1. Ordinance 2 Letter of request for service from Tobin Maples, Town Administrator for Argyle, Texas 3. Interlocal Cooperation Agreement Between The City of Denton And The Town of Argyle. 4. PUB Minutes R~esp~ctfullY~SU~mitted: . . . . " " " . . . . .. . .. ... . ~ .. .".." ........ . . . .. . . . . . . . . .. .. . .. ... . ... .. ... .. . .. . . . . . . ... .. .. . . .. . .. . .. . . .. . .. . .... . . ... . ... " " . .... Jim Coulter Director of Water Utilities ; ;i. Quentin Hix Gas Well Inspector 2 CITY OF 6YLE June 27, 2006 Edwin Snyder City Attorney City of Denton 215 E. McKinney Denton, Texas 76201 RE: Gas Inspections Dear Mr. Snyder: Per our discussion, I am respectfully requesting consideration of the attached interlocaI cooperation agreement between the City of Denton and the Town of Argyle. As you will read, the attached interlocal agreement is identical to the City of Denton's agreement with the Town of . Copper Canyon. Please let me know if/when this item may be scheduled for consideration by the City of Denton and do not hesitate to contact me with any questions or concerns. Sincerely, ~{~ Tobin E. Maples, AICP T own Administrator Cc: Jon E. Fortune, Assistant City Manager Kenneth Banks, PhD, Environmental Quality Manager Quentin D ~ Hix, Gas Well Inspector Exhibit 2 506 N. Hwy. 377 C! P.O. Box 609 G Argyle, Texas 76226 City Hall: 940-464-7273 · Facsimile: 940-464-7274. Police Department 940-464-7254. Municipal Court: 940-464-7255 . ". . .". _~_ ~. -: .::.:.::..:.::/__.:0.:.: :-:::"._~,:j..._~..:....~~.:.. ..... ~;.-..:.,~~:_~~~s .ti4::.,.J..c..~.:""'. ": _.: ... -........::._~.- ...;.~. ::..-.."",,:; .........;;......... s: \Our Documents\Ordinances\06\Interlocal Agrmt- Argyle.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE TOWN OF ARGYLE, TEXAS TO PROVIDE GAS WELL INSPECTION SERVICES; AND PROVIDING AN EFFECTIVE DATE~ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 ~ The City Council hereby approves an Interlocal Cooperation Agreement between the City of Denton, Texas and the Town of Argyle to provide gas well inspection services substantially in accordance with the Interlocal Cooperation Agreement which is attached hereto and incorporated herein by reference (the "Agreement")~ The City Manager, or his designee, is authorized to execute the Agreement on behalf of the City. The City Manager, or his designee, is authorized to carry out the City's rights and duties under the Agreement Any prior actions of the City taken pursuant to the Agreement are hereby ratified~ SECTION 2. The City COlUlcil finds that the Agreement will benefit the City of Denton and is in the public interest SECTION 3. This ordinance shall become effective immediately upon its passage and approva1~ PASSED AND APPROVED this the day of , 2006. PERRY R~ McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO EDWINM. S By: Exhibit 1 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE TOWN OF ARGYLE THIS AGREEMENT is made and entered into as of the Effective Date as hereinafter defined, by and between the City of Denton; Texas, a home rule municipal corporation. organized and existing lUlder the laws of the State of Texas, hereinafter referred to as " Denton" and the Town of Argyle, Texas, a Texas town general law municipality, hereinafter referred to as "Argyle". WHEREAS, Argyle is in need of gas well ins.pection services; and WHEREAS, Denton and Argyle desire to enter into this agreement under the authority and subject to the provisions of Texas Government Code, .Chapter 791, the Interlocal Cooperation Act for the provision of gas well inspection services; and WHEREAS, each party hereto is capable of performing the services provided for herein, and each party paying for the performance of governmental functions or services is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this agreement; NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: I~ The term of this Agreement shall conunence as of the Effective Date and shall expire on September 1, 2010 unless terminated earlier as provided herein. II~ Denton shall provide gas well inspection services as follows: 1. Inspection fee of $1,200 per well, Wlless otherwise agreed to in writing by both parties to this Agreement, would include the following: Two site inspections will be provided with the first inspection following installation of the drilling rig to inspect for compliance with municipal drilling ordinan~e and the · second following completion of the drilling and installation of the operating facilities. Each inspection will include two site visits, the first to inspect and identify any issues of non-compliance to be noted on a Gas Well Inspection Report and the second to determine if compliance has been achieved in the specified time limit. The site visit following completion of the well will include inspection for proper removal of the rig, remediation of on-site reserve and frac pits, and set-up for operation of tank batteries. Exhibit 3 Written Inspection Reports will be provided to Argyle and a copy to the gas well operator for each visit. The only items to be inspected by the Gas Well Inspector will be those agreed upon by both parties and set forth on the Gas Well Inspection Report; 2. . Each additional inspection in response to a specific request by the Town Administrator will be performed at a cost of $200, unless otherwise agreed to in writing by both parties to this Agreement, per site visit; 3~ Complaints filed with. other agencies (i.e~ TRC; EP A; TCEQ; etc.) will be the responsibility of Argyle without direct participation by the Gas Well Inspector unless requested as an additional service by Argyle; 4. Enforcement of Argyle gas well regulations will be the sole responsibility of Argyle. The Gas Well Inspector may identify violations and report them to the Town Administrator. or designee for enforcement action. . The Gas Well Inspector may be required, as an additional service, to testify in court regarding any noted violations of the Argyle gas well regulation ordinance; 5. The Gas Well Inspector may inspect for specific operating safety issues as identified on an Inspection Checklist to be approved by both parties to this agreement as a part of the first inspection (Le~ fire extinguisher installation; no smoking signs; etc 6.. Site inspection includes collection of water samples from the Reserve Pit for content analysis by a City of Denton Lab. The fee .for City of Denton Lab analysis shall be as identified in Exhibit A to this Agreement; additional .analysis performed by a non- municipal laboratory may be requested by Argyle for a fee identified in Exhibit A; 7.. Site inspection does NOT include inspection of access route and road damage remediation action; and, 8. Any Denton employee that performs services under this agreement will remain an employee of Denton, but will perform gas well inspection services under the supervision and control of the Argyle Town Administrator. In addition to the fees specified above, for the services of the Denton Gas Well Inspector, Argyle will reimburse Denton the sum of $50..00 per hour. In addition to the gas well inspection services specified in this paragraph, the Town Administrator may request additional services from Denton's Gas Well Inspector. Argyle shall reimburse Denton the sum of $50.00 per hour for any additional services, as defined in this agreement and in addition to the gas well inspection services specified above~ III. This Agreement may be terminated in whole or in part, with or without cause, by Denton or Argyle upon forty-five (45) days' written notice to the other via certified .mail, return receipt requested, or facsimile at the address or fax numbers set forth below. For n.enton: Howard Martin, Interim City Manager City of Denton City Hall 215 E. McKinney Street Denton, Texas 76201 Fax No. 940-349-8596 .For Argyle: Tobin E.. Maples, AICP T own Administrator Town of Argyle P..O. Box 609 Argyle, Texas 76226 Fax No.. (940) 464-7274 In the event of termination Argyl~ shall fully pay Denton for services completed through the effective date of termination. IV. The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas. and are performable by all parties in Denton County, Texas.. The parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. v. 1bis writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement.. This Agreement can be modified only in writing signed by. both of the parties or their dilly authorized agents. VI. 1bis Agreement is not intended to extend the liability of the parties beyond that provided by law.. Neither Denton nor Argyle waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising by third parties. VII In the event that any portion of this Agreement shall be found to be. contrary to law, it is . the intent .of the parties hereto that the remaining portions shall remmn valid and in full force and effect to the extent possible. VIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any and all necessary resolutions extending said authority have been duly passed and are now in full force and effect~ ft Signed to be effective the _ day of Date ") ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS T EDWIN M~ S EGAL FORM: Y . RNEY BY: ATTEST: - ~ BY: C/J[1G ~ . Codi Delcambre, Town Secretary APPROVED AS TO LEGAL FORM: BY:~ ~ Matthew Boyle, Town Attorney , 2006 (the "Effective CITY OF DENTON, TEXAS BY: Howard Martin Interim City Manager TOWN OF ~YLE BY: 4?r::~ Tobin E.. Maples Town Administrator \\\\"11""1/ "" OF All "'" ...' - ~ ~ .......... Q I _ ~ ," ~ .. ... r. -, ~ '- 0 ..'/ .., <\'<' ~ :~: \ ~ ~ . - =*' :*= - 1 · - .. . j ; -:. \ .f~ ~ ~ tJl.... ...s ~ ~ ';: ~ ...........~~.:- "'1, -r1E Of ~~", 1/111"""\\ Exhibit A City of Denton Oil and Gas Monitoring labor.atory Analvsis Price Schedule General Wa.ter QuaUty Analysis Performed by City of Denton lab: (sample collection included as part of initial inspection fee) Cost to be as shown unless otherwise agreed to In writing by both parties to this Agreeemnt.. Analvsis pH (Standard Units}........ Con d uctivity( microsiemens ) Salinity;as Chloride (ppm) Total Dissolved Solids Cost $15~Oo-.. . $15~OO $15.00 $15.00 Chloride (ppm) $25~OO $85.00 Total Note: If requested by Town of Argyle, TPH will be tested by independent lab using a generally accepted test method. Samp.le collection shan be billed at a minjrnum of one hour by City of Denton~ Independent lab cost to be billed directly to Town of Argyle by lab. Initial: Town of Argyle Date: Initial: City of Denton Date: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 PUBLIC UTILITIES BOARD July 24, 2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Vice Chair of the Public Utilities Board will thereafter convened an Open Meeting on Monday, July 24,2006 at 9:05 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Vice Chair Dick Smith, George Hopkins, Bill Cheek, John Baines (arrived at 9:25 a.m.), Phil Gallivan and Bob Bland (arrived at 9:06 a.m.). Absent: Chair Charldean Newell, excused Present: Ex Officio Member: Howard Martin, Interim City Manager OPEN MEETING: CONSENT AGENDA: ITEMS FOR INDIVIDUAL CONSIDERATION: 5) Consider recommending approval of an Interlocal agreement to provide gas well inspection services to the Town of Argyle, Texas Vice Chair Smith asked about the amount of monies collected in road fee damages and inspections fees. Tim Fisher, Assistant Director of Water, replied that he did not have a dollar amount but that collections were small in that most of the drilling occurred prior to the passage of the current ordinance. Smith asked for a follow up report at a later meeting. Hopkins moved to approve with a second from Gallivan. The motion was approved by a vote of 4-0. Exhibit 4 AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Jon Fortune . Questions concerning this acquisition may be directed to Ross Chadwick 349-8830 AGENDA DATE: August 15,2006 ACM: SUBJECT Consider adoption of an Ordinance providing for the expenditure of funds for the emergency purchase of a brush truck fire apparatus in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3587-Emergency Purchase of Brush Truck Fire Apparatus awarded to Philpott Ford in the amount of $33,633 for the cab/chassis, and Wildfire Truck and Equipment in the amount of $37,682 for the body/skid for a total award of $71,315). FILE INFORMATION Email from Ross Chadwick of August 4, 2006: "Due to the ongoing drought conditions and the further annexation of thousands of acres of wildland urban interface areas, the Denton Fire Department continues to fall behind in our capability to respond to and extinguish wildland fires. Many houses in these wildland urban interface areas are in extreme risk of fires and potential destruction. We count on mutual aid from surrounding fire departments; however, during these terrible fire conditions, they often have fires in their jurisdictions too. The City of Denton only has two (2) brush trucks to respond to all the wildland fires in the City. This emergency and immediate acquisition of one additional unit will significantly improve that capability". RECOMMENDATION Award to Philpott Ford in the amount of $33,633, and award to Wildfire Truck and Equipment in the amount of $37,682, for a total award of $71,315 (See Attachments 1 and 2 for details). PRINCIPAL PLACE OF BUSINESS Philpott Ford Nederland, TX Wildfire Truck and Equipment Sales Mansfield, TX ESTIMATED SCHEDULE OF PROJECT The turnaround time for this purchase is four weeks. Agenda Information Sheet August 15,2006 Page 2 FISCAL INFORMATION This acquisition of these items will be funded from a combination of existing Certificates of Obligation and Third Party Lease Purchase funds. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Buy Board Pricing Sheet Attachment 2: Wildfire Truck and Equipment Sales Quote l-AIS-File 3587 Attachment 1 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Medium and HD Trucks BUYBOARD BID 208-04 End User: CITY OF DENTON Contact: MIKE ELLIS Philpott Rep: ALAN WILEY Date: 1-Aug-06 Product Description: FORD F550 CAB/CHASSIS A. Bid Series: 2 A. Base Price: 1 $ 19,459.00 I B. Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price REGULAR CAB 60"CA STD AM-FM RADIO AND 6.8L GAS INCL 44T 5-SPEED AUTOMATIC $ 1,415.00 VE VINYL BENCH SEAT INCL 572 AlC $ 808.00 RUBBER FLOOR INCL X8L LIMITED SLIP AXLE $ 342.00 POWER STEERING INCL 99P 6.0L DIESEL $ 4,702.00 ABS BRAKES AND 17,950 GVWR INCL 06-165 165"WB WITH 84"CA $ 546.00 HEATER-DEFROSTER INCL 66S UPFITTER SWITCHES STD DUAL REAR WHEELS INCL F57 4X4 UPGRADE $ 3,960.00 MANUAL TRANSMISSION INCL T9C MAXIMUM TRACTION TIRES $ 204.00 41H ENGINE BLOCK HEATER $ 33.00 TE VINYL SPLIT BENCH SEAT $ 380.00 07F57 2007 UPGRADE WITH FUEL $ 895.00 63H HD ALTERNATOR $ 71.00 AND STEEL SURCHARGES INCL 68U 19,000 GVWR UPGRADE $ 418.00 DELIVERY TO DENTON INCL Total ofB. Published Options:1 $ 13,774.00 I C. Unpublished Options [Itemize each below, not to exceed 250/0] $= 0.0 0/0 Options Bid Price Options Bid Price 2007 RED IN STOCK-ONLY 1 A V AILABLE IN STOCK Total of C. Unpublished Options:1 $ H. BUYBOARD Administrative Fee $400.00 PER PURCHASE ORDER I 1$ 1$ 1$ 1$ I I $ 33,233.00 1 33,233.00 1 400.00 I D. Contract Price Adjustment: E. Delivery Charges: miles @ $.93/mile F. Total of A + B + C + D + E = F G. Quantity Ordered xF= I. Non-Equip Charges & Credits 33,633.00 I J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE Attachment 2 WILDFIRE TRUCK & EQUIPMENT SALES 2411 FM 917 Suite 100 Mansfield, TX. 76063 682-518-7888, fax 682-518-7884 Quote For Denton Fire Department Chassis: Customer Supplied 2006 F550 Regular Cab 84 CA ( F-Red) Add on to chassis: Front End Replacement Style Brush Guard with 2" Receiver Tube Front mounted Skid Plate Back-up alarm 4" Reflective Striping Body: 11ft Flatbed Body (Steel) painted red with Gated FF Platforms132" Long X 96" Wide, Locking gates to be Provided. Walkway, FF Platforms, Flatbed, and Rear Step to have Line-X non skid material One Aluminum Tool Box 18t" x 18d"x 72L" with drop down door mounted on passenger side One Aluminum Tool Box 18t" x 18d"x 72L" mounted on driver side (T Handle) One Aluminum Mesh Basket 12"x 16"x 72L" mounted on driver side tool box One Aluminum Mesh Basket 12" x 16 x 72L" mounted on passenger side tool box Headache Rack Lightbar Mounting Two Rear Tow Hooks to Chassis Frame Rear 2" Receiver Tube Electrical: 1- Whelen 295SL 100 Siren Amplifier 2- Whelen 500 TIR 6 Series Red LED Rear Warning 2- Whelen 500 TIR 6 Series Amber LED Rear Warning 2- Whelen 500 TIR 6 Series Red LED Lower Front Warning 2- Whelen 500 TIR 6 Red Rear Side Warning 2- Whelen TIR 3 Red Intersector Warning 1- Whelen Liberty LED Lightbar 2- Whelen SA314P Siren Speakers w/mount 1- Whelen Heavy Duty Switch Box 2- Betts Work Lights Mounted on Headache Rack 1- Havis C-800 Console 1- Master Disconnect Switch 2- Compartment Lights Attachment 2 Denton Brush Truck Quote August 2, 2006 page 2 Skid: 400 gallon Low Pro-File Poly Tank 84"L x 46"H x 28"H with 1 0 gallon Foam Cell Hale HPX 200 with Honda 20 HP Engine Hannay Electric Hose Reel, mounted on passenger side for rear deployment 150' of 1" Boost Lite Booster Hose Hose Tray with a capacity of 150' of 1 ~" hose 6 Gallon Fuel cell in Poly Housing Lighted Control Panel with pressure gauge, throttle, choke, primer, start button, and Class 1 LED Water tank level indicator, Mini in Cab. Brass Water Service Valves Two 1" valves with Two 8' Whip Lines Two 1.5" Discharges with Valve, chrome adapter, cap & chain One 1" Tank Fill / Re-Circulate Valve One 2.5" Tank to Pump Valve One 2.5" Suction Valve with chrome swivel adapter, plug & chain Cascade Class A Foam System Two Front Ground Spray Nozzle's with electric valves Three Nozzle Mount Brackets Three 1" Pistol Grip Nozzle's One 1.5" Pistol Grip Nozzle Customer Supplied Chassis Wildfire Body & Skid Price: $ 37.682.00 Total: $ 37,682.00 Note: 30 day delivery after receiving customer supplied chassis. PRICING IS GOOD FOR 30 DAYS Training, and Service Manual Included 7)add&~ d avid@iohnwria htassoc. com Wildfire Truck and Equipment Sales www.brushtruck.com August 2, 2006 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF A BRUSH TRUCK FIRE APPARATUS IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3587-EMERGENCY PURCHASE OF BRUSH TRUCK FIRE APPARATUS AWARDED TO PHILPOTT FORD IN THE AMOUNT OF $33,633 FOR THE CAB/CHASSIS, AND WILDFIRE TRUCK AND EQUIPMENT IN THE AMOUNT OF $37,682 FOR THE BODY/SKID FOR A TOTAL AWARD OF $71,315). WHEREAS, state law and ordinance require that certain contracts reqUIrIng an expenditure or payment by the City in an amount exceeding $25,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment or where the procurement is necessary to preserve or protect the public health or safety of the city's residents under Section 252 of the Local Government Code; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, or to preserve or protect the public health or safety of the city's residents and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" referenced herein and on file the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 128828 128827 Philpott Ford Wildfire Truck and Equipment $ 33,633 $ 37,682 SECTION 2. Because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-FILE 3587 CITY OF DENTON CITY COUNCIL July 12, 2006 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Wednesday, July 12,2006 at 3:30 p.m. in the City Council Chambers at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members McElroy, and Montgomery. ABSENT: Heggins and Thomson. 1. The Council considered the establishment of an ad hoc advisory committee to make recommendations concerning amendments to the City Charter, including the appointment of members of such committee, a discussion of the possible scheduling of a Charter election, and other matters related thereto. Ed Snyder, City Attorney, stated that an ad hoc advisory committee could be formed to make recommendations to the City Council concerning possible charter amendments and possibly having a charter election on November 7. Snyder stated that he would serve as staff liaison to the committee. Mayor McNeill stated that the Council had turned In nominations for membership on the committee. Mayor McNeill nominated Jerry Mohelnitzky as Chair to the committee. He asked for a vote on the nomination. On roll vote, Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", and McNeill "aye". Motion carried unanimously. Deputy Mayor Pro Tem Mulroy nominated Tony Clark to the committee. The Mayor asked for a vote on the nomination. On roll vote, Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", and McNeill "aye". Motion carried unanimously. Council Member Montgomery nominated Judd Holt to the committee. The Mayor asked for a vote on the nomination. On roll vote, Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", and McNeill "aye". Motion carried unanimously. Council Member McElroy nominated Phillip Fisher to the committee. The Mayor asked for a vote on the nomination. On roll vote, Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", and McNeill "aye". Motion carried unanimously. Mayor Pro Tem Kamp nominated Randy Robinson to the committee. The Mayor asked for a vote on the nomination. On roll vote, Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", and McNeill "aye". Motion carried unanimously. The Mayor stated that Council Member Thomson nominated Dorothy Damico to the committee. The Mayor asked for a vote on the nomination. On roll vote, Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", and McNeill "aye". Motion carried unanimously. The Mayor stated that Council Member Heggins nominated Travis Biggs to the committee. The Mayor asked for a vote on the nomination. On roll vote, Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", and McNeill "aye". Motion carried unanimously. City of Denton City Council Minutes July 12, 2006 Page 2 The Mayor stated that the charge to the committee was to review a number of items that had been brought forward in several work sessions about some challenges in the charter particularly with dates for some items that had changed from when the charter was first written. The Mayor encouraged the City Attorney to put together a list to share with the committee at its first meeting. The Mayor also directed the City Attorney to contact the Chair of the committee and schedule the Charter Review Committee meetings. The Mayor also stated that there were two living members of the original charter committee, H.W. Kamp and Tom Harpool, and they might be able to provide a historical perspective on some of the sections of the charter. 2. The Council considered the establishment of an ad hoc advisory committee to evaluate property maintenance issues and make recommendations regarding community revitalization. Mulroy motioned, Kamp seconded for the Denton Chamber of Commerce to be asked to repeat the service they provided in the past (relating to the Corridor ordinance, Comp Plan, and the Development Code), establish a committee and undertake the same type of process for community revitalization. Mayor Pro Tem Kamp stated that there had been discussion about the different groups that would be involved and suggested that the following groups be involved in the process: Chamber of Commerce, property management groups, and neighborhood groups. Council Member McElroy asked about the timeframe for the committee. Council Member Mulroy suggested an 18- month timeframe for the process. Consensus of the Council was that the City supply staff resource as a support as the Chamber of Commerce needed it. On roll vote, Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", and McNeill "aye". Motion carried unanimously. 3. The Council received a report, held a discussion and gave staff direction regarding a recommendation on the course of action the City Council should pursue on the Wright Amendment Joint Agreement issue, including consideration of proposed iederallegislation and consideration of a proposed resolution. Mayor Pro Tem Kamp briefed the City Council on how the Wright amendment would affect Denton. She stated that with the Wright Amendment Agreement between Dallas and Ft. Worth there could be some unintended consequences for the Denton Airport. She stated that as of this afternoon, this might be a non- issue. Both Dallas and Ft. Worth agreed that they did not intend for this to have any consequences at the Denton Airport. All three cities were in agreement and it looked like it would not be included in the congressional legislation. The Council needed to give authorization for Mayor McNeill to write a letter formally outlining the City's concern with any legislative action that would limit commercial passenger service operations at the Denton Airport to make sure that there were no unintended consequences for the Denton Airport. City of Denton City Council Minutes July 12, 2006 Page 3 Kamp motioned, Mulroy seconded that the Council authorize the Mayor to write a letter for Congressman Burgess to use as a backup. On roll vote, Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", and McNeill "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 3 :50 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES July 18, 2006 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Tuesday, July 18, 2006 at 11 :30 a.m. in the City Council Chambers of City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: None 1. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Certificates of Obligation ($12,665,000), Series 2006; approving and authorizing instruments and procedures relating thereto; and providing an effective date. Laura Alexander, First Southwest Company, stated that 6 bids had been received regarding the Certificates of Obligation. She reviewed the bids and noted the winning bid which she recommended Council accept. The following ordinance was considered: NO. 2006-183 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION ($12,665,000), SERIES 2006; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Heggins motioned, Kamp seconded to adopt the ordinance accepting the bid of RBC Capital Markets with an interest rate of 4.495737%. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 2. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton General Obligation Bonds ($3,695,000), Series 2006; approving and authorizing instruments and procedures relating thereto; and providing an effective date. Laura Alexander, First Southwest Company, stated that four bids had been received regarding the General Obligation bonds. She reviewed the bids and noted the winning bid which she recommended Council accept. The following ordinance was considered: NO. 2006-184 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS ($3,695,000), SERIES 2006; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes July 18, 2006 Page 2 McElroy motioned, Thomson seconded to adopt the ordinance accepting the bid of BOSC, Inc. with an interest rate of 4.679419%. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 3. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Bonds ($8,515,000), Series 2006; approving and authorizing instruments and procedures relating thereto; and providing an effective date. Laura Alexander, First Southwest Company, stated that five bids had been received regarding the Revenue bonds. She reviewed the bids and noted the winning bid which she recommended the Council accept. The following ordinance was considered: NO. 2006-185 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS ($8,515,000), SERIES 2006; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Montgomery seconded to adopt the ordinance accepting the bid of LaSalle Financial Services, Inc. with an interest rate of 4.620859%. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 11 :45 a.m. PERRY R. McNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES July 18, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 18,2006 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding nominations to the City's Boards and Commissions. Jennifer Walters, City Secretary, reviewed the previously submitted nominations. Council discussed those nominations and made additional nominations. Those nominations would be voted on during the regular session. 2. The Council held a discussion and gave staff direction concerning leasing of oil, gas and mineral interests. Ed Snyder, City Attorney, presented information concerning an Attorney General's opInIon regarding competitive bidding for leasing of oil, gas and mineral interests. Scott Hickey, consulting attorney, presented additional information concerning the Attorney General's opinion. The new opinion stated that cities were no longer required to competitively bid the leasing of oil, gas, or other mineral interests. Sealed proposals would not have to be done but rather a negotiated procurement scenario could be used. This would allow for a certain set of bidding criteria that would be different from sealed bidding criteria. This new procedure would allow for flexibility to look at firms capable to produce the leases. Staff would be able to evaluate the bids as to best value for the city as bids would be received for the leases as opposed to sealed proposals. Snyder stated that staff was recommending going forward using a hybrid process that would advertise that the City was accepting proposals for negotiated leases. That would give the City the flexibility of negotiating the best terms without the rigid specifications involved in straight competitive bidding, while at the same time, shielding the city from complaints that it did not consider all prospective lessees and to retain outside counsel to assist with the initial leases and train staff to work with these leases. Consensus of Council was to proceed as proposed. 3. The Council received a report, held a discussion, and gave staff direction regarding the City's Long Range Financial Forecast and Budget. Jon Fortune, Assistant City Manager, stated that this agenda item was for questions for Audit/Finance Committee regarding budget questions. The date for formal discussions would be August 2nd. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of July 18, 2006. City of Denton City Council Minutes July 18, 2006 Page 2 Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:20 p.m. to consider the items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Deliberations regarding Real Property - Under Texas Government Code S551.072; and Consultation with Attorney - Under Texas Government Code S551.071. 1. Received a confidential presentation by staff regarding the value of real estate and the city's taking or acquisition of several easements located within the E. Pizano Survey. Abstract No. 994 and the B.B.B. & C.R.R. Co. Survey, Abstract No. 158, in the City of Denton, Denton County, Texas; the underlying owners are believed to be Petrus Investments, L.P. and/or Robson/35W Investors, L.P. Receive legal advice from the City Attorney or his staff regarding the acquisition or condemnation of the easements. B. Consultation with Attorney - Under Texas Government Code S551.071. 1. Consultation with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues relating to the creation of special districts in the ETJ requested by JNC and White Cake Denton, L.P. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. C. Deliberations regarding personnel matters - Under Texas Government Code S551.074 1. Deliberated and discussed the appointment and the duties of public officers to the Planning and Zoning Commission, Zoning Board of Adjustment, and any other board or commission of the City of Denton, Texas exercising discretionary powers as opposed to purely advisory powers. Regular Meeting of the City of Denton City Council on Tuesday, July 18, 2006 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes July 18, 2006 Page 3 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards A representative for Congressman Burgess presented a congressional recognition for Frank Barrow. Mayor McNeill presented a proclamation honoring Frank Barrow. A representative for Congressman Burgess presented a congressional recognition for L. A. Nelson. Mayor McNeill presented a proclamation honoring L. A. Nelson. 3. CONSENT AGENDA Council Member McElroy requested that Item #C be pulled for separate consideration. Mayor Pro Tem Kamp requested that Item K be pulled from consideration. Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances with the exception of Items C and K. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. Item C was considered. Council Member McElroy stated that this was a worthy cause and needed special recognition. Kamp motioned, McElroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. A. 2006-186 - An ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a Professional Services Agreement for architectural or engineering services by and between the City of Denton, Texas and Kimley-Horn and Associates, Inc. for engineering services for approximately 7,800 linear feet of up to thirty-inch water line along Roselawn Drive from Bonnie Brae to Bernard Street in Denton, Texas; providing for the expenditure of funds in the amount of $144,500 therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0.) B. Approved the minutes of: June 5, 2006 June 6, 2006 June 13,2006 June 20, 2006 C. 2006-187 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Animal Shelter Foundation to support fundraising for new shelter facilities, programs, and shelter maintenance; providing for the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes July 18, 2006 Page 4 D. 2006-188 - An ordinance providing for the expenditure of funds for the emergency refurbishment of the two belt filter press machines at Pecan Creek Water Reclamation Plant in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3536 - Emergency Purchase of Belt Press Refurbishment awarded to Andritz Ruthner Inc. in an amount not to exceed $160,000). The Public Utilities Board recommended approval (6-0). E. 2006-189 - An ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 3538 - 2006 Electrical Energy Transmission Fees in the total amount of$124,600). The Public Utilities Board recommended approval (6-0). F. 2006-190 - An ordinance authorizing the City Manager to accept an Interlocal Agreement with Collin County, Texas to authorize participation in various City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3535 - Interlocal Agreement with Collin County, Texas). G. 2006-191 - An ordinance accepting competitive bids and awarding a public works contract for paving improvements to Vintage Parkway; providing for the expenditure of funds therefor; and providing an effective date (Bid 3518 - Vintage Parkway Paving Improvements awarded to Jagoe-Public Company in an amount not to exceed $1,314,007.25). This project was approved by the voters in Denton in the bond election held on January 15,2000. H. 2006-192 - An ordinance accepting competitive bids and awarding a public works contract for improvements to the City of Denton Civic Center Pool; providing for the expenditure of funds therefor; and providing an effective date (Bid 3519 - Civic Center Pool Improvements awarded to Robertson Commercial Pools, Inc. in the amount of $89,507 for Contract lA and Sunbelt Pools, Inc. in the amount of $97,544 for Contract lC for a total award of$187,051). I. 2006-193 - An ordinance accepting competitive bids and awarding a contract for the installation of manholes for the City of Denton Water/Wastewater Department; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3488 - Monolithic Poured Concrete Manhole Installation awarded to lowest responsible bidder meeting specifications, Lone Star Manhole and Structures, LLC, in an amount not to exceed $60,000). The Public Utilities Board recommended approval (6-0). J. 2006-194 - An ordinance accepting competitive bids and awarding a contract for temporary shoring for the Wainwright PEC-4 Channel; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3520 - Wainwright PEC-4 Channel Temporary Shoring awarded to lowest responsible City of Denton City Council Minutes July 18, 2006 Page 5 bidder, Craig Olden, Inc. in the amount of $33,616). The Public Utilities Board recommended approval (6-0). K. NOTE: This item was not considered: L. 2006-195 - An ordinance of the City of Denton, Texas terminating that certain airport lease dated April 20, 2004, by and between the City of Denton, Texas and January Aviation, L.L.C.; authorizing the City attorney or his designee to take appropriate legal action, if necessary, to effectuate the termination; and providing an effective date. The Airport Advisory Board recommended approval (6-0). M. 2006-196 - An ordinance authorizing an Agreement between the City of Denton, Texas and Robson Denton Development, L.P., providing for the acquisition through purchase or condemnation of certain water utility and temporary construction easements located in the E. Pizano Survey, Abstract Number 994, and the B.B.B. & C.R.R. Co. Survey, Abstract Number 158, the City of Denton, Denton County Texas, and being within a parcel of land conveyed to Petrus Investments, LP by deed recorded in Volume 4246, Page 574, and within a parcel of land conveyed to Robson/35W Investors, L.P., by deed recorded in Volume 5090, Page 1241 of the deed records of Denton County, Texas; and providing an effective date. The Public Utilities Board recommended approval (6-0). N. 2006-197 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of three permanent water line easements and three temporary construction easements located in the E. Pizano Survey, Abstract Number 994, and the B.B.B. & C.R.R. Co. Survey, Abstract Number 158, Denton County Texas and being within a parcel of land conveyed to Petrus Investments, L.P., by deed recorded in Volume 4246, Page 574 of the deed records of Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the easements and if such offer is not accepted, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation in order to acquire the easements; and providing an effective date. The Public Utilities Board recommended approval ( 6-0). O. 2006-198 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a permanent water line easement and a temporary construction easement located in the E. Pizano Survey, Abstract Number 994, Denton County Texas and being within a parcel of land conveyed to Robson/35W Investors, L.P., by deed recorded in Volume 5090, Page 1241 of the deed records of Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the easements and if such offer is not accepted, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation in order to acquire the easements; and providing and effective date. The Public Utilities Board recommended approval (6-0). City of Denton City Council Minutes July 18, 2006 Page 6 P. 2006-199 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with the firm of Freese and Nichols, Inc. to provide engineering services associated with the design of the Shady Oaks Drive Extension and Brinker Road Extension Projects in an amount not to exceed $381,583; authorizing the expenditure of funds therefor; and providing an effective date. This project was approved by the voters in Denton in the bond election held on February 5, 2005. Q. 2006-200 - An ordinance of the City of Denton approving an extension and ratification of a bond counsel contract with McCall, Parkhurst & Horton, L.L.P.; authorizing the City Manager to execute the contract extension; approving the expenditure of funds therefor; and providing and effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance amending portions of Subchapter 13 and 23 of the Denton Development Code pertaining to parking in the rear or to the sides of buildings; providing for a penalty clause with a maximum amount of $2,000.00 for violations therefore; and providing an effective date. The Planning and Zoning Commission recommended approval (6-0). (DCA06-0008) Kelly Carpenter, Director of Planning and Development, presented background information on the proposal. Based on staff analysis of the Alternative Development Plans approved to date, it was clear that parking requirements relative to the front and sides of buildings needed to be reconsidered. The original orientation was to provide pedestrian access long the streets and streetscapes. There was little regard as to where the parcels were located. The Development Code allowed for an alternative development to allow for other options for parking and streetscapes. Staff was proposing an alternative to the requirements to parking in the rear and side of buildings. Unless granted by an Alternative Development Plan, parcels along the following streets could not have parking in the front of the building: Fort Worth Drive between Carroll and Eagle, Elm Street between University and Eagle, Locust between University and Eagle, and Dallas Drive between Teasley and Eagle. These corridors were viewed as entranceways for the City and parking would be better in the back. Parking would be allowed in front of buildings if a parcel was not located within a Pedestrian Oriented Distinct, adjoined either side of a primary or secondary major arterial and met the general regulations for parking in front of buildings as set forth in the Development Code, Section 35.13.13.4C3. There were two different sets of standards proposed, one for 100 spaces in front of a building and one set for more than 100 spaces in front of a building. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Dale Irwin spoke regarding the standards for smaller parcels. He suggested Council consider different standards for smaller developments. Construction around UNT would not allow for the 15 feet of landscape area. City of Denton City Council Minutes July 18, 2006 Page 7 Carpenter stated that these regulations were not intended for projects with 100 parking spaces or less. Larry Reichhart stated that consideration might be given to the height of the berm as the proposed height would not be a good slope with only a 15-foot landscape buffer. The Mayor closed the public hearing. The following ordinance was considered: 2006-201 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUB CHAPTERS 13 AND 23 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO PARKING IN THE REAR OR TO THE SIDES OF BUILDINGS; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance approving an alternative development plan for approximately 0.495 acres of land generally located on the north side of Colorado Blvd. approximately 1,100 feet west of Mayhill Road to allow a medical office building legally described as Lot 6R2, Block 1, of the Denton Regional Medical Center Addition, in the City of Denton, Denton County, Texas; providing a penalty in the maximum amount of $2,000.00 for violations thereof; declaring severability; and establishing an effective date. The Planning and Zoning Commission recommended approval (6-0). (ADP06- 0007) Kelly Carpenter, Director of Planning and Development, stated that the applicant was proposing parking spaces in front of the building. The ADP dealt with the location and number of spaces. To promote better pedestrian activity, the proposal would add one tree and a seating area along the sidewalk at the front of the development. As the proposal would be 12 parking spaces short, the applicant will enter into a shared parking agreement with the two neighboring office buildings to provide for the required number of parking spaces. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes July 18, 2006 Page 8 NO. 2006-202 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AL TERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 0.459 ACRES OF LAND GENERALLY LOCATED ON THE NORTH SIDE OF COLORADO BLVD. APPROXIMATELY 1,100 FEET WEST OF MAYHILL ROAD, TO ALLOW A MEDICAL OFFICE BUILDING, LEGALLY DESCRIBED AS LOT 6R2, BLOCK 1, OF THE DENTON REGIONAL MEDICAL CENTER ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A PENAL TY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; DECLARING SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ADP06-0007) McElroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit for a drive-through facility on approximately 0.618 acres of land, generally located on the west side of Lillian Miller Parkway approximately 500 feet north of Southridge Drive, located within a neighborhood residential mixed use (NRMU) zoning district, and platted as Lot 4, Block A Southridge Oaks Addition in the City of Denton, Denton County, Texas; declaring severability; providing a penalty in the maximum amount of $2,000.00 for violations thereof, and establishing an effective date. The Planning and Zoning Commission recommended approval (6-0) with conditions. (S06-0003, State Bank & Trust) Kelly Carpenter, Director of Planning and Development, stated the applicant was requesting a specific use permit to allow a drive-through facility as part of a proposed bank. The bank was an allowed use in a NMRU zoning district, while the drive-through required a specific use permit. Staff supported the site plan without conditions. However, the Planning and Zoning Commission was concerned about noise and light that might affect the neighborhood to the north. The Commission responded by requiring an additional fence along the side of the drive- through lanes, submit a photometric study for review prior to obtaining a building permit to show conformance with code requirements of ~ foot candle at the property line, locate the A TM drive- through to the middle lane and construct a decorative screening fence in the landscape island to provide additional screening from the proposed drive-through lighting. The applicant provided a photometric study in advance of a building permit application that showed no violation of the lighting standards at the property line. Staff had prepared two ordinances for consideration - one with no conditions and one with the conditions addressed by the Commission. The Mayor opened the public hearing. Larry Reichhart, representing the petitioner, spoke in favor of eliminating the conditions proposed by the Commission. He cited security reasons for not adding a fence or additional landscaping to the proposal. Deputy Mayor Pro Tem Mulroy stated that all the proposed conditions were relative to security reasons. The proposed lighting plan would not encroach on the neighborhood. He recommended at the lighting plan be incorporated into the specific use permit. City of Denton City Council Minutes July 18, 2006 Page 9 The Mayor closed the public hearing. The following ordinance was considered: No. 2006-203 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.618 ACRES OF LAND, GENERALL Y LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY APPROXIMATELY 500 FEET NORTH OF SOUTHRIDGE DRIVE, LOCATED WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT AND PLATTED AS LOT 4, BLOCK A SOUTHRIDGE OAKS ADDITION IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; DECLARING SEVERABILITY; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND ESTABLISHING AN EFFECTIVE DATE. (S06-0003) Mulroy motioned, Thomson seconded to adopt the ordinance with no conditions except to incorporate the site plan lighting as part of the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance granting approval of a license agreement for the subsurface use of a portion of the Lake Forest Park approximately 468.8 feet for the purpose of a natural gas pipeline in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of license; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (4-0). Bob Tickner, Superintendent of Park Planning, stated that a public hearing was required to determine that there was no other feasible alternative to the use of the land and that all planning would minimize harm to the land. The request was use of the parkland in order to locate a natural gas transmission line across the frontage of the park. The crossing will be a bore crossing and would not disturb any trees or vegetation growth. The Mayor opened the public hearing. Bill Coleman, presenting the petitioner, stated that he would answer any questions. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-204 AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUBSURFACE USE OF A PORTION OF THE LAKE FOREST PARK City of Denton City Council Minutes July 18, 2006 Page 10 APPROXIMATEL Y 468.8 FEET FOR THE PURPOSE OF A NATURAL GAS PIPELINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF LICENSE; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Montgomery seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution of the City Council of the City of Denton, Texas concerning the appointment of a member to the Board of Directors of the Texas Municipal Power Agency representing the City of Denton; and declaring an effective date. Interim City Manager Martin stated that this resolution would formally appoint a city representative to the TMP A Board. TMP A required a resolution to support the appointment. Phil Gallivan was the proposed new representative. It was suggested that his term begin August 1, 2006. The following resolution was considered: NO. R2006-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONCERNING THE APPOINTMENT OF A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY REPRESENTING THE CITY OF DENTON; AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Heggins seconded to approve the resolution with the term to begin August 1, 2006. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance on second and final reading to voluntarily annex approximately 3,406 acres into the corporate city limits of the City of Denton, Texas. The property was bounded by Tom Cole Road to the north. FM 2449 bisected the property near the center of the development and John Payne Road was the eastern boundary south ofFM 2449. Underwood Drive was on the eastern side of the property north ofFM 2449. The property was bounded on the west by H. Lively Road/C. Wolfe Road and extended to the south a distance of approximately 6,500 linear feet from FM 2449. The property to be annexed was generally located in the southwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ). The Planning and Zoning Commission recommended the annexation proceed as presented (6-0). (A06-0001) Kelly Carpenter, Director of Planning and Development, presented the details of the proposed annexation. This was a voluntary annexation of the property. The following ordinance was considered: City of Denton City Council Minutes July 18, 2006 Page 11 NO. 2006-205 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATEL Y 3,406 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE SOUTHWESTERN AREA OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED WEST OF INTERSTATE 35 WEST, SOUTH OF TOM COLE ROAD, BOUNDED BY TOM COLE ROAD TO THE NORTH, BISECTED BY FM 2449 NEAR THE CENTER OF THE PROPERTY, BOUNDED ON THE EASTERN SIDE BY JOHN PAYNE ROAD SOUTH OF FM 2449, AND UNDERWOOD NORTH OF FM 2449; BEING A PORTION OF THOSE CERTAIN PLATS CALLED IN J. W. KJELLBERG SURVEY, ABSTRACT NO. 1610, THE JAMES MCDONALD SURVEY, ABSTRACT NO. 873, THE I.W. BYERLY SURVEY, ABSTRACT NO. 1458, THE J. DALTON SURVEY, ABSTRACT NO. 353, THE J. A. BURN SURVEY, ABSTRACT NO. 132, THE T. & P. R. R., ABSTRACT NO. 1292, THE A. C. MADDEN SURVEY, ABSTRACT NO. 851, THE I. N. HEMBREE SURVEY, ABSTRACT NO. 594, THE J. BACON SURVEY, ABSTRACT NO. 1540, THE WM. NEILL SURVEY, ABSTRACT NO. 970, THE B. B. B. & C.R.R. CO. SURVEY, ABSTRACT NO. 176, THE T. E. CARRUTH SURVEY, ABSTRACT 1707, BEING A SURVEY OF PART OF THE 562.8 ACRE "FIRST TRACT", A SURVEY OF THE 798.2 ACRE "SECOND TRACT", A SURVEY OF PART OF THE 640 ACRE "THIRD TRACT" DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED DECEMBER 22, 1931, RECORDED IN VOLUME 238, PAGE 410, A SURVEY OF PART OF THE 415 ACRE TRACT DESCRIBED IN A DEED FROM RUDY COPELAND AND WIFE, MARY A. COPELAND TO M. T. COLE, DATED SEPTEMBER 26, 1933, RECORDED IN VOLUME 243, PAGE 572, BOTH DEEDS OF THE DENTON COUNTY DEED RECORDS, THE S. PAINE SURVEY, ABSTRACT NO. 1035, THE M. PAINE SURVEY, ABSTRACT NO. 1036, THE GEORGE WEST SURVEY, ABSTRACT NO. 1393, THE B. B. B. & C.R.R. CO. SURVEY, ABSTRACT NO. 176, THE E.N. OLIVER SURVEY, ABSTRACT NO. 989, THE J. T. EVANS SURVEY, ABSTRACT NO. 411, THE C. MANCHACA SURVEY, ABSTRACT NO. 789, THE G. W. PETTINGALE SURVEY, ABSTRACT NO. 1041, THE J. W. KJELLBERG SURVEY, ABSTRACT NO. 1610, BEING A SURVEY OF PART OF 1.086 ACRE TRACT DESCRIBED IN A DEED FROM MAURINE P. MYERS, ET AL TO M. T. COLE TRUST NO.1, RECORDED IN VOLUME 1018, PAGE 453, BEING A SURVEY OF PART OF THE 562.8 ACRE "FIRST TRACT" DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED DECEMBER 22, 1931, RECORDED IN VOLUME 238, PAGE 410, A SURVEY OF THE 640 ACRE TRACT DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED JANUARY 4,1935, RECORDED IN VOLUME 250, PAGE 121, A SURVEY OF THE 429 % ACRE TRACT DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED MARCH 28,1936, RECORDED IN VOLUME 256, PAGE 285,OF THE LIS PENDENS RECORDS OF DENTON COUNTY, TEXAS; DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0001) City of Denton City Council Minutes July 18, 2006 Page 12 Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving a first amendment to the Professional Services Agreement between the City of Denton and R. W. Beck, Inc. to provide professional design and engineering services at the City's Landfill; authorizing the expenditure of funds in the amount of $665,000; ratifying previous actions; and providing an effective date. The Public Utilities Board recommended approval (6-0). Vance Kemler, Director of Solid Waste, stated that the agreement was to provide bioreactor technology for the landfill. It would require an amendment to the current contract agreement. The following ordinance was considered: No. 2006-206 AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND R. W. BECK, INC. TO PROVIDE PROFESSIONAL DESIGN AND ENGINEERING SERVICES AT THE CITY'S LANDFILL; AUTHORIZING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $665,000; RATIFYING PREVIOUS ACTIONS; AND PROVIDING AN EFFECTIVE DATE. Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. D. This item as pulled from consideration at the request of the petitioner. E. The Council considered appointments to the following boards and commissions: 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee 4. Construction Advisory and Appeals Board 5. Historic Landmark Commission 6. Human Services Advisory Committee 7. Library Board 8. Parks, Recreation and Beautification Board 9. Planning and Zoning Commission 10. Public Art Committee 11. Public Utilities Board 12. Traffic Safety Commission 13. Zoning Board of Adjustment Mulroy motioned, McElroy seconded to approve the nominations as presented. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. City of Denton City Council Minutes July 18, 2006 Page 13 F. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth stated that she would like to play at Eureka Park but could not because the wood was dangerous. B. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth stated that she would like to have a safe crossing at Woodrow Lane to cross the street. D. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth stated that she would like to cross McKinney Street safely. E. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth stated that the District One representative had been overlooked at attending events in District One. She was not allowed to make a nomination to a committee that she wanted. F. Charles V oellinger regarding Fry Street development. Mr. V oellinger was not present at the meeting. G. Addison Dwyer regarding complaints against Verizon. Mr. Dwyer was not present at the meeting. H. Angel Biasatti regarding Verizon' s fiber build. Ms. Baisatti did not speak. I. Robert Donnelly regarding city business. Mr. Donnelly complimented the council with putting more dollar amounts on the consent agenda. Citizen input was increasing which was good for government. With the increase in development there was a need to return staffing levels in the Planning Department. J. Bob Clifton regarding city business. Mr. Clifton presented information on campaign finance contributions and expenditures. He commented on the upcoming Charter revisions and the Charter Review Committee. K. John Paul Eddy regarding suggested new policies for City Council: hazardous waste rail limitations and holding the Closed Session portion of the council meeting first. Dr. Eddy was not present at the meeting. L. Nell Yeldell regarding false claims act of Utilities. Ms. Yeldell was not present at the meeting. G. New Business The following items of New Business were suggested by Council for future agendas: City of Denton City Council Minutes July 18, 2006 Page 14 1. Mayor Pro Tem Kamp requested a review and discussion on ordinances relating to animal services and animal shelter. 2. Council Member Heggins requested an update on Church's Fried Chicken development on McKinney. H. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. Interim City Manager Martin stated that there would be a public hearing on Wednesday July 26th at 6 p.m. in Work session Room regarding proposed charter changes. I. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. J. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action taken on Closed Meeting items. With no further business the meeting was adjourned at 8:09 p.m. PERRY R. McNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 CM: Planning & Development Department Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT S06-0005: (Kwik Dryclean Super Center) Hold a public hearing and consider the adoption of an ordinance to amend a previously approved Specific Use Permit that would allow a drive through in conjunction with an existing dry cleaning facility and an existing doctor's office building. The property is located near the northeast corner of Lillian Miller Parkway and Wind River Lane. The approximately 0.720 acre site is within a Neighborhood Residential Mixed Use (NRMU) zoning district. The Planning and Zoning Commission recommends approval (5-0). BACKGROUND Applicant: City of Denton Denton, TX This is a staff initiated request to amend the Specific Use Permit for a drive through in conjunction with a dry cleaning facility. The Specific Use Permit was approved by the Denton City Council in July of 2004 and the site has been developed. The purpose of this amendment request is to provide cross access from the subject site to the adjacent medical office site to the south and to provide additional parking on the site. The additional parking spaces will be used by the medical office building to the south of the subject site. Twenty-One (21) Public notification letters and 65 courtesy notices were mailed to property owners and residents. (See Attachment 4). Staff has received one response in support of the request from a property owner within 200 feet of the subject property and one letter in opposition. (See Attachment 5). OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0). PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) In April 2004 the Planning and Zoning Commission recommended denial (5-1) of the specific use permit for a drive through facility at this location. The applicant withdrew the request prior to City Council consideration to allow for modifications of the site plan. The request was brought again to the Planning & Zoning Commission in June 2004. The Commission recommended approval of the Specific Use Permit (6-0). In July 2004, the Denton City Council approved the request with conditions (4-3) (See Attachment 8). The Planning and Zoning Commission recommended approval for the amendment to the Specific Use Permit at the July 26, 2006 meeting (5-0). ATTACHMENTS 1. Staff Analysis 2. Location/Zoning Map 3. Aerial Map 4. Public Notification (Property Owner Notification Map) 5. Letter of Opposition 6. Site Photographs 7. Approved Site Plan 8. Proposed Site Plan 9. Planning and Zoning Meeting Minutes 10. Ordinance 2004-202 11. Ordinance Respectfully submitted, ~~ Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Request The City of Denton is requesting to amend the site plan of the Specific Use Permit that allows a drive through facility in conjunction with a dry cleaning business. The site is located in a Neighborhood Residential Mixed Use (NRMU) zoning district. The dry cleaning use is permitted in the NRMU districts. However, drive through facilities are permitted in the NRMU districts with a Specific Use Permit only. The adopted ordinance that permitted the drive through facility included the following conditions: 1. There shall be an eight-foot masonry fence constructed on the Property along the northern perimeter of the Property and a six-foot masonry fence constructed along the eastern perimeter of the Property between the Property and residential uses and residential zoning districts in accordance with Subchapter 35.13.8 of the Denton Development Code. 2. The architecture of the structure shall be consistent with surrounding structures and the elevation and construction materials of the structure and roof pitch shall be similar to the photograph attached hereto and made a part hereof as Exhibit "A". However the color of the structure shall be compatible with other retail buildings in the area. The air conditioning units shall be concealed by the pitched roof. 3. Illuminated sign will be recessed into the building. 4. Existing live oak trees along fence line and Property will be preserved, if possible. 5. Landscaping will resemble existing landscaping on CVS site. 6. A stop sign will be erected at the exit of the site. 7. The drive-through facility hours shall not exceed 7 a.m. to 7 p.m. each day. 8. Development and operation of the drive-through facility shall be in accordance with the site plan and landscape plan on file in the City Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "B". The proposed amended site plan will affect Condition 1 of the adopted Ordinance 2004-202. The property owner consulted with the residential neighbors to the east to determine the most attractive and appropriate fence for the eastern boundary of the property. The proposed fence will be a continuation of the existing fence and retaining wall on the medical office site to the south of the subject property. (See Attachment 5). The site plan adopted as part of Ordinance 2004-202 shows a wall between the proposed parking area and the dry cleaning business. (see Attachment 4 Site Photographs). The property owner proposes to replace the wall with vegetation. The live oak trees required to be preserved in Condition 4 did not survive. The applicant is proposing to plant new trees along the western perimeter to replace the live oak trees. The amended site plan will allow cross access from the subject site to the adjacent property to the south. This cross access will remedy an ongoing traffic issue. Currently, dry cleaning customers cannot exit the site and travel southbound on Lillian Miller Parkway. No u-turns are permitted at the drive cut at Hunter's Ridge. Therefore, the tendency is for the customers proceed north on Lillian Miller Parkway and turn left into the Hunter's Ridge subdivision to turn around and then turn right onto Lillian Miller Parkway to proceed south. The amended site plan shows 10 additional parking spaces which will be used by the medical office building on the adj acent lot to the south of the subj ect property. The cost of the additional parking, onsite improvement and cross access will be assumed by the property owner of the medical office. The proposed trees across the far east portion of the site will be maintained by the property owners of the medical office to the south of the subject site. The proposed vegetative buffer to replace the existing wall will be maintained by the owner of the subject site. Existing Condition of Property The property is developed according to the site plan. (see Attachment 6). Adiacent zoning and land uses North: Neighborhood Residential 3 (NR-3) (developed single family residential use) South: Neighborhood Residential Mixed Use (NRMU) (developed medical office use) East: Neighborhood Residential 3 (NR - 3) (developed single family residential use) West: Neighborhood Residential-2 (NR-2) (undeveloped single family use) Development Review Analysis Staff recommends approval of the request. The proposed amended site plan does not impede compliance with the Approval Criteria and the proposed changes to the site plan will improve the vehicular circulation in the neighborhood. Additionally the proposed retaining wall and fence between the subject site and the and improve the buffer between a nonresidential use and a residential use and provide more privacy for the single family property directly to the ease of the subj ect property. ATTACHMENT 2 Location/Zoning Map ATTACHMENT 3 Aerial Map NORTH ATTACHMENT 4 Public Notification Scale: None Newspaper Notification Date: July 16, 2006 Percent of land within 200' in opposition: 00/0 200' Legal Notices* sent via Certified Mail: 21 500' Courtesy Notices* sent via 1 st Class Mail: 65 . In Favor: 1 . Opposed: 1 . Neutral: 0 ATTACHMENT 5 Letter of Opposition NOTICE OF 'PUBLIC HEARINS __5 n. PIIrd1g ... Zanktg Ccm........ d 11'1& car 01 Denmn WIll haAd III PllbIo __ an w......ay, July 2B, 2001, " rxnkIIr -QJ a IWCGl'IIIIIlIKIIIion Ia" Qly CuuncI CllrIC:&. __.. 1M .......... fD I -* .... PeanI ..... .. . drtlIe ~ ftdIy In ~lR6Jn .. dlY dIInng fIIcII,y. The IlAlPIrIr ia IDClJIIId an '" I'IDrh8 lXImIr 01 T~ Lane and LIIIII MIllr ARwIy. The 1PPftDd...., 0.720 ICl'8 .. " wIHn III Neighbolttood R8oIIItI..a.r 'AIXed u. (NRMU) JIlIIIIDI cMi:t. (S08.CJOO5. KwIc DrJde&n S..., CenIIr. I.CIrI SheIan) The PIIIIl: ....... WI .. IllI:3lt p.rI. h ChI CIty Cclln::I cr.nben d CIJ.... IacaIed lit 21$ E. McKhwy .... DInIDn, T.... 8IrcIuMo you CMIt pmpetty ...".. .. ",..". ~) '"' fI 1M ~ PRlJlII11. file ~ BntJ Zcntw Camn .~ I ron MUf .. to ,..., ,... )'DrI1ifII aIlIllut .. ,.,.,.. ....... you ~ IIIIInd IfJe IJU6Ic ".... Pkleee. harder for )QI' .1nIan 'b be ..... _ ICCGIft, .....1hII1i:irm WIIh JltlUI' COl...... JlIb III .. dIlIR IJf 1M PlMc.... (DJfa ftlJD ..,. ptDI1iI6 )IDII- dIndfIly- - ~ iI ",. pubIIo '-*'g.) Yau 1l'IlI1- It 10 II. __ ~ at1hi ......,. ""10" ..... bIIow ordrap. otf~ ". " l1li........ IIId n--.I' I ........ o.p....... 221N.EllnIT ~T.... ~ O'l-J'~06All:J. "RCV~ MIl: LGII..... ProjIcI...... .......... .. .... .. ......... .. --.... of 1iIIItdowII-.. IhII: ..... .... .... ... ....... The a.......1 II, ~ GIlle pIfCD1II: oIl'8l11lO1l1M _ aIPPmt Ind ill ClIIPOIIIDI\ " r;ny OF DEIITOIf. 7EJfAS -IV".. ~~]~ J ~~.~.~ ---~~)L:k\6~ v? ~-':~ .' 1~~... -"" - ".~I ,....-- d ~~ .~ J~ J-E~, -.....~6____~; ~'\ .......w-~ ~ ~~ .....1.1-'"0..11 Ai- , ~A.A....~~ 14.'7~ _ It:. ~~~ A 1-.- ~ -- ~ 1 . JIo' ~ -fl, . ~ - lolL r K .I~. .II..J..I4 ' , I . '.,} , . { X T r .-- i"~ ' -:', .:,,:.~-~t~~ 1 ;..~'-{ J;'I~'~: l. _ l - ':A' ~ 1M :" ~.... L- - ~~ ~ LL ~ ~ ~ .....,,-- .:./1 ..l.... ._~~ ~ :---- V' r ~ 1';.:~;1, .,.......;...'- '--.... - - -_ul"~-'-'~~SI1El~ /4Y' " -- -:1'R I \ I L , J:~_, ..~_ . 11. I J / r rf~~}" "m ' , . ...., ,. ~t::.. i .-- ft, ~. ~ ~\J ~ I ~ ,. -fj ~~W:J;,; ~ . . '. p....... .. ~~ " ;s;" J ~ j - ~ ~. ~~ ~,~~~. -- /..... Pr' L \. ~ j X lIT'\.. ,hJ e:. - . . ..' . '::'11 _, ~ ~ . ~ -- ~~" -........ ;' '-'.l.U ::::::.~T K' : .~.-. ~ ..~... I f ~ or IS . j U , " .'-l,.{ i -.-1 i 1 , ~ ..n.....J\ i ! f h 1 ' 1 ~ I, Vn-- 'I , r I~ \U-Ul 1 . II . =, :---~ l I', ~ t ~ - t I ~~ c~ '1L:: , -/ iM . . cnYOFDBn'aIlt 1BfAS cnvlWL WIllI' · DI!N1atI" 1EXA8 lI2Dt · --"t .. IF)1IU4I17D7 ..NZ'.... ATTACHMENT 6 Site Photographs Existing fence between K wik Dry Cleaner and residents to the east ... Existing fence and retaining wall between medical office and residents to the east Southeast corner of subject site where retaining wall/fence meet with existing fence behind dry cleaners Area between existing retaining wall and fences on neighboring properties ATTACHMENT 7 Approved Site Plan I . I ..... ... - .. Ii l , ..\ .., I ~~ L 1 l II . ( ---if~ :JIo.......__ ATTACHMENT 8 d Site Plan Propose r=-i r I I I I I , I , , .. IrA- tJI2r. Page 13 Page 15 1 (I)MM:lSSIDNf.It S'I"IU\NU& The next item is 1 'the ~iden1iB1 uses snd ~!jidc::ntial zoning distri~ts. 2 Itan No. S~ wbieh is a public bearing. I'll remind b 2 Th:: other requifemmt 1ha1 will 'be.affected by this 3 e.udicnct: on any public 1aring i'lem that YJe w~ if ~ 3 ~1 is - they were required to presc:rve ~ -4 wish to opeak on this ~ yeu win need m fill out a 4 cx:isting live ook. trees alons this caste:m fence line if 5 card and hand it in down front :sc that \vt: will know )'OW' :5 jXlslible.. 6 intendon tc e.pE6k either in favor of or in opposition 10 6 The oak trees aloog the! back property line 7 the item. 7 did not surrive. The propcsed !lire plan sbow~ new tItt: 8 Item No.. SA is in ~rds 1n an .amcndntmt 8 -plantings - Jet me SO back 'kJ this~ along lhill. eastern 9 to . Specific Use Ptmrlt that allows a ~ in 9 border~ 1h;:re'I, again~ hmncs, bcrc and here. To buffer 10 (:OOjWlCtioo with a dry cleaning faci!iIy. lrls. Shelton. 10 the drive-lllrough ftcm the residential neighb01~ de 11 MS. SHEL 1'QN: thank. you Thili is a n:qu.cst ] 1 retaining wBll and .fmcc that -cummtIy Clis.ts akmg Ibo 12 to amend. on existing S~JC Use Request. an SUP for a 12 medical office s~ wbich is dawn ~ end I' U IShow you ) ] drive-thronsh :W. conjunction with e. dry deanm was 13 p~bs; of that in a IIIOfIlalt wiU be cxt:ock:.d across 14 approved in July of 2004. Th: sUbject property is looawd 14 the C8Stl7n. boundary or the dry clflaniDg site. 1~ lDe at Lillian Milkr and WJndriva. Th: purJ!08e of this l5 So that will cootinne lhis. way. TOO Ui amendment is to l'rovidc crosS-8COCI:I from k Qujck Dry 16 proposed !rite pbIn 8ho sbmvs 100 removal of 'the ma;onry 1 '7 Cbn SUper Center 10 the medical office to the south of 17 fence -cnrrentIy and a planting anz replacing the fence. 18 lhe subjoot ahe.. 18 And that 'WtJUld be through bcre~ And now ItU go ihrm1gb a 19 The ametlded site plao will alm prmride 10 19 :series of pictures:. Hoe is the front of Ii>> dry 20 additional pHIking spaces to be used by tb: mcdicel office 20 (-leaners. This is fre cd~tins fence at the - the borda' 21 bw1ding. ~propostd cross.m::cess is imp~to this 21 of dle property owned by the my c 1.eancts Ihat lS nOl 22 nei@bhorhood becauS'O it a"D0w3 the dry c1eanl;2" customers 22 being ustd and the residents to the east. 23 to a.cte5!;. Windriver and pra:ced IODthboond on Teasley Lane 2J ThiIiL is . photograph cl the rdaining waIl 24 at fl controlbl intersection. 24 tlmt cxkt~ now and :fence bdiliId. k medic:al office on the 2S Right IlOW the tencbcy - let me see if [ 25 ~ boundary of 1bc moiIcal cfficc tha.t'l pro.pmcd to Page 14 Page 16 1 can get 1bJ& 1C work ~ Is. for pecpk: to alma out of 1lx: 1 be a:tcI1ckd. And thi, -- I took this pboto to show what :2 dry clwJen~ hf:ad BOrth 00 Lillian MD.er and into 2 it would look llke .00 tht= di:fference that ~ llMimng ~ H tmta" S Ridge to 1Um aroun.d ;0 tmrcl Ii no way 10 hcud 3 wall and knee will makr. as far 8S providing more privacy 4 lonthbcund out of the dry cleaners.. And now !lEy would be 4 and huffaing fot this residential home. This is directly S abLe to CODlCt rm sorry, out of the cleaners through this 5 behind the dry cleaners and this is 11cir existing knee. ti parking lot to Windriva- .and then soudloound. 6 This :is lbe masomy waIl that was rt'CIuiKd 7 H~l S 1m ~ooed EUti: plan which shows 7 Ihd i! i'~ to b8 re:mmrai to be leI'laced with g tb: UOIMOCCSS and th: additional I 0 parkins spaces. 8 planting. And you get some idl::a of the condition of that 9 RisJrt IlOYI this a.rca is ~ under -- un-uscd and 9 back ~ And tbis is that nortb::rn waIl that' 8 It) - in not very good condition. Y Oll I n ~ee SOOlC photographs l;t 10 ~. I just wanlrrl you to sec. And this ill the Ii little bit later. Here is the approved !We plan for the 11 -perking lot for tile dry cleamn. Woops. I,got.u.md of 12 drive-1hrough that \WI a part of 11m original ordinancC! in 12 mysclf~ 13 2004 end 'd:ds is DOt a very good exhib~ but it WWI aU I 13 We have received oaly one: written response 14 have. 14 to our notific.atiOllll and tba.1lWlS a k:ttct of :!iupport. IS TM adcpfcd orrlmaDCti pennittai the IS Staff recommcndlllpnroval of 1hlJ ~t with these 16 drlve-tbrOUBh facility with a. couple of mp,lirettlOOt!I that 16 conditions. Lm's go back 10 d1is. T;ree:; will be pbntoi 17 will be affected by thil amcndmeDl It pI'OVWes that 17 .and maintained IcmsS tOO easlCm boundmy of the 18 1l1crc sball be an elsht-fool malmuy fence constructm on 1S property, tbmugh here. The existing re1Biniog wall and 19 the :property along W, nonb::rn par:under of the properly.. 19 fc:oce on the: property to Ihc rouIh wiD be euended along 20 which - e.nd rm sorry. I didn1t flip this over, the 20 the c:af;tcm 1:xnm<huy of the propmty and the fc:uce and 11 northern -- tbc nolibcm property is this line &nd .EI 21 retaining waD most be: maiDtainecl. 12 six-foot masomy f€:oce OODS!I11CIt:d along 1bc CEl.itern 22 Tb: current wall ~ the dry ckmoing 23 panun.cter of dlc= property:! wbkh W3!ii actually const:ructt:d 23 buiJding and tb: ~ parking m'OO will tJe removed and 24 right ~ 24 ~ced \\riIh a huukcaped area. The la~ arm must 25 And this WBI to be,ber,vecn ill:: property and 25 e.l~ be maintairr.d. I VIOUId bi5 happy to answer WJY of ATTACHMENT 9 Planning & Zoning Minutes CondenseIt mr PLANNING AND ZONING JULY 26, 2006 Page 13 - Page 16 Pagel? Page 19 1 ycur Q1Ddoos. And Mr. Dick. Smith is here dUs evooing 1 penooa.!ly haw a little bit of a problan with how -we're 2 repraimting dle property owner to anma' say quegtions~ :2 gtttine 1here I1nd why tb)s would ~ staff.jnitiattd wb:n 3 msor J 'Ne bad. tIm: :item come bdorc us. We.Qenied. it h frrst 4 COMMISSIaQER S'I'lW<<]H:: MI'. Rcy. 4 ~ !1eappliamtcmne back. We approved it. And S aJMMlSSlONER lIDY1 show IJle: how the trafflC S evaybody at that time was happy tbat vre hitd tle access. 6 flow p. 1 wt:Ot out ~ today and - (; that we had. 7 M5. SHEL TON~ cUffCndy7 7 And now we've sat staff :initiating a g COMMISSIONER Jt.OY; NOt no.. The proposal, 8 reqOO9l: 1K:cause WC'yr; got a IDfdical office that doesn't 9 the ~lmt - woops, go ftt'W.mJ [IDe more. That one. How 9 have parkir@. And why do we hl1'c -- why do we have that 10 are the em going to get in and out BOW? 10 happening? II MS. SHELTON: Right now the drive-dlrough J 1 MS. gfJELTON: 1 don~t believe staff hu MY 12 you wOllld enter here off LiUiao MlI1er~ come arrnl~ dr~ 12 intt:rest one way or the moor as far as the parking. lJ ytJtIl' clothes or pic1c them up, tb:n yon would come back &lld 13 COMMlSSIONER STRANGE: why did '\VC initlllE 14 cut ~ here.. 14 it~7 15 cou:MJ.S~1!R PS:JY: w~ 1M:rel s an lS MS. SHELTON; Rlr We CJQSS-ac(U$ boclUJC 16 electricul box or ~ tb:re. 16 I believe that this is II public safety ccncern. And I 11 M8. SHm.TON~ utn::' & tbc clcctrical box and 17 lnow ... 18 bercf s ~ pt'OJIO.!OO. -- 'Wcl.l actually du!tls an odsting 18 COMMISSlONIR s.11tANO~ It'g heal operating 19 dmnpst:r~. I don't think that rcaU.y changes. mu~ if 19 out 1bere for B ytSt. Have -we had any wrWu there7 20- at all. So this enables people tkn to go tbrcugh dlil 20 MS, SHELTON: I'm not familiar with allY. 21 piddng lot, buck down to windriver to head SClUth. This. 21 coMMISSIONER sTKAN'GF.:: rm jurt havIng a 22 also cmbks wbicb WillS anotbcr - om staff did work with 22 pmhlem with bow we'~ ~ where ~re going hmt 23 tt., propt2'ty ~ both regarding the drainag: here, but 23 OOMMISSlONmt ROY: I bcIieYc - I ro:nembet 24 also this. enables rnJ[' solid WB31e to pick UPI back out 24 it It Hnte diffcrmt than dDs. I remmLba the 2.:5 just digbtly and Ihcn 1c:d out instmd of !mvmg to back 25 discussion wi81 we talked. about 1his - the lot to tlJ: Page ] 8 Page 20 1 out which is a tragedy waiting to happen. 1 !!Icuth was vacant but I clearly remmJ.1:o' ~ understanding 2 COMMISSIONER ROY: And tbese additional 2 that th:re was Being 10 be an aca:$S 1brougb -- :1 parking sp<lts~ they Ire for the medical office? 3 o:JMMISSICNER ~ Through -- 4 MS. SHELTON~ Yes... 1be ~ ofl10:: was -4 crJWd~K IIDY; .- to the othfr el'OO.. S built UDd:r the old standards whiclL was~ I belieVt one to oS And I 1:lelirNe - I'm not eoins to say it was a coouniUncnt, 6 300 which is now one to 200. And theyl re finding they 5 but it W6S our unda'stand.ing dwt that W83 being worked 7 have a need for additional. parking. 7 out between the t\VO property 0WDen. .And. tbat in tOO end 8 COMMISSIONER ROY: Thank you. a 1betl=: wes go1ug to be this acCCGS. 9 (.'()MMISSI.ONE STRANGE~ That wag kind of the 9 (DdMmlONDl STRANGE: .And whatl! happ=ncd 10 qua5tion I 'W3.S going to ask. I see what we Ire trying to 10 is. both buikliop got bnllt. This was never aIL issue 11 do bere. But 11m DOt sure ] ~d how -- 'Why we're II until it b=:=ame ft parking is;ue. 12 doing it tOO wa:y welre doing it. This says this is a 11 COM!r.DSSJO'NER ROY: \VeIl, tb:: parking issue 13 staff-ini tiatcd reqoest. 13 is separate. But tm: ac-cess -~ I ~ us kaving - I 14 MS- SHELTON: sbff initiated this request 14 left k:re with tm onden1andiog that fucre was goiog to 15 beanJBe of the importzmce of this cross-acOOSST Our 15 be ilCCCSS througb the tIlutb~. Now, l1l11&21tand 16 transportation folks have be wanting this for a long ti.me 16 tIc - I Ie: where yourro going with the parking part of 17 because of the probiems itls been caasing for the Hunter's 17 it... That clearly is a ilifferen.l issu=:. That was n.c:YC'" WI 18 Ridge nei&hborhood, because of fir; U-turns wbich are 18 nndcrstandins. 19 inherently dangerous. And as 1 rocall~ from. driving 19 COMMJS~ONFJt. STR.ANGB: Right. Dr - N ohk. 20 the~ the site ig not good So I belie;ve staff.. higher 20 ~JSSIOHER N09I..B: Thanlc.s. Mr. Chairm.an. 21 level than myselrt has been working with tile applicant on 21 Tbe questioo I have fur staff ii I think one cl' lbc 12 many of these issues. They needed more parking. W~ 22 pi~ you sOOwal US on dDs - I doo'l know .t end - 23 nt.abl a cross~SB. 23 wide lbc proposal parkiDg is, it that a diffurem 24 COMMISSlONER STRANGE: well" againt I know 24 elevation than - and 1 think you're going to ClUxl that 25 where 'We I re goin@ with this. But I just have -- 23 wall e.lnng tJ:e back side tru:rc. Is tbe.t ~ation CondenseIt Dl PLANNING AND ZONING RJL Y 26,. 2006 Page 17 - Page 20 'lID 21 "23 1 __dim!..... .'JIfOIKWId~ I.'" JrJa. I 1IIiI -..1' dill..... 2- 10..... de bldtaf _....1IC4taI om.x...... :. <<It.r---"~ ___Ja:.aD 3 fs1 3 ....... ~ -- __ 1M: to 811fK'19. 4 ",1IalOM; .iI~. 1IIIIwiIL 4 ........ r. . ~ ... t.ciIi&rll Bult I:tob ~ I11-III:" .. Utd. rn.... __ --...... I 5 to_ . .-""ta tQ i& G.,...._* , utt __III rille IpIICifb . ....1IDrf...... mI.. Ii ~......I Amill'itl pdq ... ... --= IaIt fA u 7 "11- hL....... .wtt...lIIlBI.... bmlcbl-l " .... Dr IIDIII:IIqI 11.1lioii1.. ... ....... .,. I IcIIDW 1Imr tot II8crtr . DOl... ,...,..... ~...... .. ~ - )WI qa 9 .DUf' .....l1CJIILB! _. ..... y& , 1............-.. 1_'1:-1......... 10 ~~...,...~, 10 WYe IIIIldkd ... ~ fleildak II Dr. No1*. JaIl-. ...... D),.. hnllIIIIIIa' ~t II 11'1 ... "'I'm ...... .... ~ ... 12 ~tn&.NOIII.a IC\ dIaak ,.. 12. I doll, SIll 11m we'w foIowald&.... ~ ADd 13 -----DNIIIJU)KI!I ,.. [...... bIIeII JS jrdac .....1Ino booa fa!nohall or - diffaad 14- II ...,- tIIID...... vna,.-....",...... M ,...... .. ..... tIDI4 ~ ... .... WD IhaIId. IS wbo..... -Jdda8; _didII~"""1iI fInud .., lIIVII.. We thaaIIIo'l "'..... ....1& P" at GIll ICfi .... or 6Ic aa.v ItIffI IfJ *ill.... ... dDillilOlllCll*lrlcl& ad c1euIy'D'" 11 1& I6&LI'aQ: '*1.....10. ....11: 17 ..etvillpBIIw tD.a.dical ~ ......-e II ~ But.wu ......... did....... W IS rlClM1lal.~ b ."'~or 11 19 ~ willi OIJ' iliff rc. . loll tilDe. 4L .. difIat=t Jg tkam-. BID riaIIC ,,_ AaJ__qtadoatl ~ Of, 2D ....~I_ it... _.__ ~ IE" 20 ....... 2l )IUIItIIJ (or: u...... I _1CIIZDIa 111m tail.. ~ 11 ~~ NOlLe __,........ 22 up...,.::1dlr willi.. wmIat 0I1111c..... CItIIoc; '11m 22 t1IIiImID- :w,. qIICIIIaD &11 dlelppllcml fm- hi'" 23 d:Q.wa ........... dIIIt _1l1li.... JIDIIID tnIIy 2S d:m:r....... ..,tIel" - ...... BJblIll'" 24 watI:d. ""1 1:11. it .. ....1I0J1i8L ADd., MIl 24 ..,... 25 ,.1Ic.... .... ., ~-1IIJ ......-.., 2$ ~1IIlANGR WIlL WIe"" p-'n PIF 24- I lla:itiOIlI--- WC~I h..~'" I II JII to 1IIII1a Jul. -- )..II3I..,q;1a ill- :3 ~lIIbNIB ... rl.-1IIICk 2 111: ... "..,.... VIII_ datil 111m We"'ID :I "die,... .tweW dDs ~us RIO ~ aa 3 ..... tilt pili of 1II:,..1e JarIQs: up,& JIs. . wIlD _ did IIII~ ad I.. lac GIL MIl 4 ~. ! ........,dId ..dIb_1t ---.. ~II S _CIIItDIIEIt: Mr. c.m-. -l'm 1OI'If. .f. .... ADcI.... oE....appmnd. nc, liliiii_ I 1Ir. QIIImIIL rdjult....... - .. -- mtbaI 7 ....... ........ WrI 'bact dotq 1biI. . 7 die""""" dMlDpmmI ,Iu ld::iD ddiI... OlD I ~ JDU)ct Aad I b'ldiIIIpDc wldI.... I ID . cacIIIIiDm .. die.... "f'bIrIIJ~ , 'WIIm"'" ItjUl..... ~ .. _18 <<airIJ . II. , ... t) II: .. tIl 'tIIIfch dID SpcdIl tile Pamit edits 10 .. 'MOQIMY. Aai 1 h,. ... t) ic: Ibc CII.IJ..... 10 ..II. -Glt_1MIJ1a ..... CI'CIIr.-1Il4 11 .... ....1I8IPB up G111hIt, .. rm tIW MIIy ...... II tit faIpsv-."-lDpAJIit .....,..... b.lt~ II 12 ...-.rat..,......dIIL x.L 12 .......10.. SpcIII U. FaD\ t*.r lIB IIIcMJl. IS ......... wrIL..,.." wIlWp.. la ADd m,..t 1-' tIiak ......,....... 111M. 14 1\1"'11 r.ca, ill D&W.,. - ...."... ... 14 .... So we ...._ 1l1li.. .. bIaIr...., 111 .. I~ ...... 1b:tftDDt CGDw to....... ZaBiq 15 It "IDJD dm.... 1115 nw...... ..... b' ~ WdpI. 'WIllI""'" 111 ill 15 ~1lMDIUB Gb7. A-r c6cr 17 . Sprdfic UIe ",[1 .. aim .. b" C.... GIll 17 ~ at.m wn DlWopIIl6tpWil:...... 18 ... ... 4IaIIII.....lIIIat II ... ,......:L Far dIlL II II ... ~1ln" aa _1riI1I1O.ped1 19 Naw. dDw1J die ....,.......... will..... II J9 UlLIMOIt rm Dick SmiIII.. 121 Well HaNa 20 ...... tna ... ....1DIofIr......., ... iI 2CJ h:n 10 Dra-... I'm ~tfa&;tJo1I1..1M1icII offica 21 clma:Dllll. ..... tMi.... ... ..... .. ... 21 ~.n. ...,..lC....1 .'111 .8I:I1II1,..- iI 22 10 bo .. OIICI dill nil AileS wb!I die chaI&daa ad 22 b....blpcl.mmalil:ll oIIkc ~ ~ dIe- 2& de ..me. .., ....t 23 ......... t1IIIldI1S 1IIe" c........ a1Drd _It 24 AI ,.,.. ., dbhtl -.... fM:iIity 24 ...... ilia ~1II.u. 1IiI_ ~. emDaI 25 .. rarur..L IbIy'ta .NI1IJ --up far ~ all ~ .... ....a..:dnc cfll. dselllllllcll aftb ~tnc PLANNING AND ZONING mLY 26,.IIi Pago21 - PIp 24 CandM~l.- "15 1 :I 3- .. 5 6 7 8 9 DIriIa ......... 1:... IIIIDII_ 10 .... wdI" ........c........._dlMIapId ... II pia ~ JIRIPWIJ" _1CIII1L naa. in r.r. .. .. 12 ... ..1Ict,B:hm:~_llrGMI-Ib't 13 ~ .. .... imD d .. dMaII....-. - 1. 1t"1_.l:q: .. .... WI ~ - 'IR p:aIId 15- ....... far.. drivcnJ riJbt 11m YOltU SI(IIfcc am 16 (lEI of.... II 011 lie ...... omc. ..... propaIJ'. 11 WI....... dJd...... far 1Iaa 111 IIIImI J' GIdr ~ III daa.... ...-1- ~ UIIIJbD IGO ]g :bt. 11\." .....1I1)IIm..,....... did Gis :10 k 'lei ., ..... CllDSl<<DIII ..... _ DIQJCZty.. Haw. 2J 'dIe..jfl l1l111a~ far QUck ~ ....... JII em>> 22 -W-you. .....maw....... ~..... 23 24 ....w......4D...__tIDII~ 24 2! NIM'..._~Iwbb.IIIa.-'" 15 PIp 26 ... -........,... 1R1ICIIl' ~ .-fOII ~..IIuI""~ DO'" IIMt __ do It 1i!al81 tis poIat RIIm: lID IID"- r..... prGPSIY.. We dD .bn ....... 01...... M~""" .. .. CftIIICCS WdkI k Now. .." m ...... dak* ..- au-. ...Vftl4.. r..t. ... ,.0I111tpaplty. WIll. ..~..... ......diWt..~ iI'bcaaIe t. ~ IbmdaaaIAhl pili of .pRlpCl"ty ad )Ie, Jf ,..... ..de en ~.u. .. 6EB.1E: did. I .....~.....be.....,..... ... 'Welt'" ....lIDtiIId iaIo 1IIe:stdI rI ~ ,uIktIIa. Sa IIIJ paiDf. is daII croIt..x:aI 1m ..,. ... IIIlt1a& IIDcw..I.WIL He _ 4DdD-" And .w. 'IfJlTMI Now. dm:Ic II-.. ..... kou-= I bliP Iuae..... or fIllnlDc. _ dnpaIa IIU&c sIIuIdtIIlCI II CClldalouIof b: drJ ~ .. Lmiu ~1Ir. If',. WIllI..., .. 0III1JIim MfIler, JIll ~ lip D till tnl"llldJla Qd: ....... U1In, lIdU'yrftI........ ... pd . lie . III U1Im lip ... 1IDIIDr11Udal...... ad ~ 10 .. .. ... CM8 amine 6rauP 1II:ir ... ......, ID .... ........ lID ImIdI au lJIIiaI MIIIr~ -- PLANNINO AND ZONING roLY 26. 200fi I 2 ~ . , i 1 I , 10 II 12 13 14 15 l' 11 18 19 2J 21 baIdII& dill dry ... _w ., aa, ".. I) iIis paiJt. Nawt Mr. I~ "I amid......,.. ani.... 1111& Vau. BIIIthmad daM""_ tma Wall,.. .... ... ud u.... dariId. ~ _Ihea. ..,.....1tacJt lOCI It......... NR.III1"" . tilt - it,.. ..w" Im'mafimI afIice bllilllq .. _lIuIl ~QEk ....... ClDJC1))W tor ... ..... I 2 3 4 $ , 1 I 9 10 11 12 13 14 15 16 17 II I' 21 2J 2 PI&c 27 U4In tip _... ........... 1x'.1II:qmiI7 fltladof Ii.- I bow it wilt lIP .. up It .. paiDt. It~ i* ......IIDI8IiaaJ TIll" ...... CIBCImIa8 ,....,.w like ~ 1beCily..... croac.Dl:&lllld..~ ....... to 117 - --.... t:I .., .. willlIf'IM ~... .wtdtlh......... ~ m, ~ .... '-calJ; .. ......rtru...I_ eI ~tuk.. did WDDId... car"" p.ki.. IDB\ tiId..... a CQIIIIIAImI_ poIr.rc.a ..... b ... at. ~ "D. _ """6IIclulica. DIdo Wi crnaIIIEMIlDWrla ... [Wild .. III ..... WIe'" IjDIt - rlljullLOl_tdrM- an IKJw "". dD1I8 k. So 1.....111 or-lIiItmJ. adl. 'WIDt 111 ... uc wr!n: aDt .... laM ,...... ... 11)' ... WI)' 118ft' _1IIIK9td 1l1li'" willi ... -.. Decao...., _ W!In WIifIi lIIIdIar,. .ad.... .............,......*'l1li' 1114 flail tIliak wdWllMltiJedli COI'IICtI:V ill l1li 1..'1 GDk v!m.......1t CDr1IICtr41 We'Ie..... putiaI_.. ma1bI FacWIJ unGer dac pill 01.... . ., ..... - ~'dIJ;lcIDiD(~ p:nak ""1 .. taD pIIlIal nia lIu ..... dD wiIIla dd........... fW.lll!lllOda wJ6--, PIp 28 I :a , 4 .5 , 7 . 9 10 11 12 I' 14 )S ili ., II 19 2D 21 2i ~ %4 2S ...... ...... ...... ..... em.... My ....~ _. .. iI.. ....... taD __III u.......it .. .....111: ., phla bt,...... m .. SpecW UIo JItnriL mNr___aIMJUI. ............ SJIa::lfia U. PIrmiL ..MUll oby~ WtII- Cl1rftIIBQNIa SIMNGR Mid I cbi1 ~ IbIrl WhIt MIIIm1d be doiaI. MltClWlNlllt ~ I.iIIIIIf jp ~ CDaIIIIIarD.S'IIAIa: ~.... ua. CAIIIINIR IINJ a.: to.... ic II 'WIII.1ca7. Dc SpecIII u. ..... h.&" c-" ~....,..... ne die plan did Ibm II) UGIt1ICDIM. .. lhe pIm ... ......,. .. waD. tbc ___WIlL In ardcr Io..-d: 1IID.. pIIII. far .. d17 c.... .. "'illlIIc PaadI"1D lIe-.dal la:_il~1ftIIIId .,.~....~ WIdoI fa_. So to...s ...,. ,-1uIve D ......., &prciI1 1M PImdI ~ ob)'. TlIrnt. IUIIIIIDt ill .. cg 1II1II.,. ....11 till'" acIim 11M ID be lID "Ibt p....O'-'I~ ,..". eo.n 10 tIIaw... ~"""OIIIIIZ' to lIbapaddlswiilll Pap 2S - Pap 2S PqcI9 "31 1 .. adj~ ~ CPMIeT. '111at dorsl't ~ a. ] ML RNrIBI It will 'be - ~ 0:: mu. :2 ~ adioo. ~ tm piidtiDa in ~ uf ibelt dam act 2- ~ _ quite famldy.. 1110 who will b:: -"MIa 3 hoe to b:I I'" to lIlY apceiIl ~ It juB1 ~ ~ ptdoD 'Will be paid by wlIa, but Ikr Ncbld .is. ~ III to IZI put: of thi.I. p1m MDdm=d: ~ it w. 4 ~ ii qlli.1le III ~ chuea from ..11t'III11b1:: - s IAOCi*d wbh Ibe ~ SpecIal Ug PtmIit. ukmy. :S ~I!I quite I pk: ~ ftmz1 tb: ~ let, 11m 6 n dDem.'t bB'R tu hl1I8 ill ~ ~ (; ~ .cfrlCl buiId:ing ld: =d fh::: ~ beI1iDd. 1 It doI9)ll tIIiB I ...m, ~ It dtaa1t tab . 1 ~WATnNS:i Y8I.. 8 ,.. dJqa It dact.dlf: lib ID1 Gf 1hOIIV tQ ICOOILipUlh tI )0.. 5W!TH= ;.md ~ the fMdIOB! offiaI Pit-=: 9 tJ. ~ m I ibD:tJ - to all a.1;IKUIt lot. It dneml( 9 tIud. .,..a.I built up.m=d tbI.t WE tDI p1Ip05IV b" b: 10 tID I mpEll'Btl: BctioIL SD wllll: \IRI~ duitc bID i.!; lO ~ waIIl!lIId 1181 M (U Ii ~ 00. top cltl= 1] ~~~. We-re~1k lL ~ WIIl- 11 ~ 1hd ~ on tmI origimIlIiIc pIM for ~ ]2 ~ WA..n:JNS; WB.. l' M1lrf.1h;I~mdb~~of~~ ]:]. MIl 9J.IDTIt - fat priVK'Y f(l" tbIs 14- III 1bc ~ bamxBy~ l4 l'C9idcutt, 0... intcDt ht 1b1! Pmkini is tg ~ tJx: lS 1I1o!ie 11M thI:Ilbmes 'IhIt _11m ~ .. lS ~ 'WIJ.l dons ~ ftI.!bI'rI bw:Khyr Now, \InI an:: 1ti tm: Spc:eiJl U~ I'mDit 16 acini ..... om'" pi.. 11 1m: 1m nBW ~ ~ 1riIl be a I? ML 11RAU: _1II.d I g1.1IIim j~ :ld 17 dUhD ~ 'Ibm thB amad pukiiII Mea by .. on 1htI 11 tallmriDJ ~ QtJ _ thI1 111 mdtE ~ ,a.J briae ~ 11!1 ~ ~ 5idts.. It wiD. hIpfully 10 dcmD.1li.1m..d 151 II1Cdkm ~ in bIIV. thB ~ or ~ or 151 two fed. wDidl 'WOWd. 1ICIIl b ~ 1MU Ilq tt. 20 ~ llIcir ~ gI" 9bd lheir pedriDs ~ If! 2n eccm ~ wm hB 1:Iittk bit stmm'. But dIirc 2L ... :haw 1I1JtIIfi goq w addte., imsp:d:i.vt: of thJt, I ~1 will bI a :101: ollUl bmv brwght in to buiLd dal ~ 22 think :ldlt. point -Is 1bd R hmre In IppIm'ed st.1JI fot :n up. U v.rUl he a caupk: 1M lower whk.h trill roake iI 23 the &y deIncn wmeh ~ ItIIId if uoda- t.hia proposal. :l3 lfBt ~ to~ ~ bchiD1 34 - It must lJ:; ~ And iDmfc.. 1hD Is 1bct i-= 24 Aad 1hs ~ rmoe willlZl ~ iii 25 . that ii bd1:I!: lhI" r..:JmrJriuing ~ wbatb:r 'Ihl.I odIm' 2S ldllLq 1M ~ of1hal DFW ~ Hl whi.dI ~30 P8F 32 1 II::Ioc ~ 11 1I ~ I.k or tnI;IIt fonmd. rI" Mzt I IdtIIIly Bi~ ~ napb;n 1d1ind 1bmI mIJ:.h ~ 2 lIIrM: ~ 1m - theI!p:I:i&: U~ Ptm1It uc:alI to 1z :2. pri.~ fa by ~ 'M1fI/. J ~ 10 iIIII.iraIItim ~ u.-B 'tcin8 propotad. :]. ~ wA.~ 1h:::y ~1o be 4 ~~ IdmL't~ ;4 ~- ~ with tbl My ~ fmm. b YIQ' ~.. beat , M.L SMIDt:: Yea (; ~cfbltdftftJtialq~1n=~ ~ ~ WA'I'KD'B - bd:Itc.d. And t1JI:I 7 ~ I ~ M'!c doq; A tD'-lO P. ADd. I:t.ftI II 7 ~ ~ 18 pins m RO m1l ta th:: ~, I CCDO;n. aIoJt tba ~ ~ ~ (II e:.t bcc8IlBCI ~ NLnmB: HD. tM~ 'Will ~ 9 ljut tbJ.'t'did: tImI: lbd'l de.., 11m daJId ~ ~ - ~ it a :!tMm 8BWII:Ir outlet on tm8 I)Oltb - bow aID l;c lMIa:handW. I 40Drt lmmI it:IJ: wulilm1lla1 ~ LO 11m. ~.... (m liB ~~.. 11 ad [ ckd't kDow 10]' 1lE aft iI _ it, I hKnt ~ lL Mil. CAIlPBN'I'Blb Ju& roll t:h:: ~ Hell 11 b ~ !m:I"'_ "iIbIt ~ ~ I1I1II1 ]2 mmiDg tc Wp yw~ 13 ..., m..- wI1I11hd. ljuat ~ MYC" I,] ID..~ oh._. 14 pmb1ca.1IridJ. bow "'f/fthIJ. !(tIfmg 1!ac. My ~ qumdon. 14 JlIl DJJBSEt.t: 1I111islt..1'e ~ ~ -- I' afb~ Mr. 'WIIkDH. ]5 How & you. wb iL ~ lhLft,.,.. sa ~ YDU 80. 115 ~ WA::lXl!'l!iI \l1l:I8.. TbraDt]Ul. lilt. tIS MIl..pl[TH: OQ lhil!l nmd&B aI't1;l' 17 ~~ TbII pmtiqJ 1bIt Dr. !W1t~ -.tiIJI dtID. 17 1bcz1. IIIO'm =mwc: d.I:Iel.mmudy. Ib11115I wbK - L8 rID. P. 10 .,. b'1IIFt qf II ~ ~ mtftUt: 18 md thiI -b: dJy cIcsm's kit. tE ~ dt1ins to l~ cma, IOmI aftbl Ji;tmm. hi 'WOfI: -.1IIc II:RIt:n I Hill that IJtuDn RWS' ot!lIci tmte. n. m::d:icIl ofticc P:t :tel ~ IlIA ~ bt fila r.. bddDd am ~ 1i'8i :m drt..InI to tbB ~ tmu1Inb. 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D",au, I prgdcu)u1yam.8QiD( ID mila 21 24 ,.. 111m mjl1)alllZVinJ will.,. l1li ... ~I. 24 25 ,..1Ime ill * IIII!iettoe or 'AWhIq 0I1V~ I.. ..... 2J PLANNING AND ZONING JULY 26. 2N6 P.37-'.40 ATTACHMENT 10 Ordinance 2004-202 ORDlNANCB NO. ,1 /Jt}t/- ~I.;J. AN ORDmANCB OF THE CIIY OF DENTON, TEXAS, APPROVING A SPECIFIC USB ~FOR.ADlUVB-THR.OU~FACIIJTY ON APPROXIMATBLY 0.72 ACRB OPLAND GBNBRALLY LOCATED ON 1HB BAST SIDB OP LILLIAN MILLER PARKWAY. APPROXIMATELY 170 PBBTNORTH OF WIND RlVERLANB AND APPROXIMATELY 100 FBRTWBST OF LAltBPORX. CIR.CIB. WlTHn'l ANBIGHBORHOOD RBSIDBNTlALMIXBD USE (NRMU)ZONING DISTRICf CLASSMCAnON AND USE DBSlGNAnONi PROVIDJNG FORAPHNALTYJN1HBMAXIMUM AMOUNT OF $2.000.00 FOR VIOLA.noNS THBRBOF; .AND .PRO\IIDD-JG FOR.. AN EPFBC11VB DATS. (Z04-0021) WHBREAS=- K wik lndus1ries .. applied for a spedfic UI8 permit fbr . dri vo-througb facility within a Neighborhood Residential Mixed Uao ZODing district classification aad. use cbianation on approximatol1 Cl72 acI08 of land. generally located on 1be east side or Lillian Millar Parkway. approximately 170 feet north ofWiDd River Lane and approximatd.y 100 feet west of Lake Fork Circle, IS more particularly described u Lot I. Block A of tho Wind River Estates Addition, an Addition to the City of~ Teus (the ~tproperty'~ and WHEREAS. on J1mc 23, 2004. tbePImming and Zoning Commissionrecommeocled IIpplOV8l of a Specific Use Pamit for a drive-thmugh facility; and WHERBAS~ the City Council fiDU 'that the Specific Ute Permit is CODBistent with The Denton P1aD~ and WHBRBAS, in aamdanco with Subchapter 6 of tho Development Code of the City of Deaton. Texas) tile City Council finds that all ottho !o11owins CODditions exist: The c1rive-throush facility will ~ compatible with and not iDjurioua to the UH and enjoyment of otbei property nor Iigni1icantIy diminish O! impair property values within the immediatD vicinity; and ne establishment of the drive-through facility wiD DOt impede the normal and 0Idcrly dwo1opment and improvement of sumnmd.ins property;_and Adequate utilities. access roads. draiDage, and other necessary &UppOrting facilities have'been or wiD be provided; ~ ' Tho ~ 1~ and arranaem-t of aD driveways aDd parldng spaces provides for the safe ami convem.aJt movement of vehicular and pedestrian tra1Iic without adversely affecting the general public or adjaceDt developmonts; aDd " Adequate DUi88DC8 preveotion measures have betIl or will be taken to prcvcmt or control a:ffeaeive odor, fUmes. dust, noise, and Vibration; and Direc1ioDa1 lightiDg wiD be provided 10 as not 10 disturb or adversely af&ct neighboring properties; md There is sufticient landscaping and BCreeDing to ensure harmony and compatibility with adjacent property; NOW. THBRBFORB. THE COUNCIL OF THE CITY OF DENTON IIBllBBY ORDAINS: SECTION 1.. The findinga and recltatious wutaincd ill tho promble ofthi. ~ are incorporated herein~ ,SBcrION 2.. A specific use permit hereby approved on the Propatytn allow B drive-1hmugh - facllitywitbin a NeigbborhoodResi&ntial.l\fixed Use (NRMU) zooins district classification and use &signati.on. subject to 1hc following conditi.o.Ds: l~ ThBIe- shall be an eight-foot masonry fence coDStmcted. DO tho Properly along the northern perimeter of the Property and a six.. foot D1S8OIlly fence coostructed along the castcm pcrimetc:r of the Property between the Property and residenti81 uses and. residential ZODing distridB in acoordance with Subchapter 3S~13~8 of tho Denton Development Code. 2. The ardJitectuIc ofthc atructurc shall be consistent with IIIrrOtUlding structures and the elevation and cODSlru.ctioD materials 0 f the itructure and roof pitch sbaIl be similar to the photograph attachcdbcreto and made a parthcreofasExhibit: .tA t$. Howeva the color of the Strtlcture BhaIl be compatJole with other retail buildings in. the arttL The air conditioning units sh811 be conoea1ed by the pitched roof: + 3. mumiNIted sign will be recessed into the buildbJ&. 4. Existing be oak trees along fence line and Property will be presenred, ifpossiblCt s. Landscaping will resemble existing landscaping prcscm on CVS site. 6~ A stop lip will be erected at the exit of the site. 1 ~ TIm drive- through faWity hours aha1l notel:ceed -, s.m. to 7 p.a each day. 8~ Development and operation of the drive-through facility shall be in_ with tho site plan and bm~ape plln on file in d1e City Pluming DcpartmeI1t. a copy of which is attached hereto and D18de a part hereof IS Exhibit "8". SECTION 3~ Notwithstanding the description of the Property, the propertybelng remned ~udeS aD property to the centcrtinc of all adj acent stIClCt :rigbt;HJf-way. SBCI'lON 4; The CitY! official zoning map is amended to show the change ill zcming district classification. SECrION S~ AnyperlOD violating any provision of1his ordinance shall, upon. conviction. be :fiDed a sum not exoeeding S2,OOO.OO~ Bach dayblt a provision of1his ordinance is vioIsted shall COIlBtitDte a separate and distinct o1feale~ SBcrION S: 'Ibis onlinanco sba11 bccottte effeetive fourteen (14) Ibijs from the date of its PAGB 2 ,pa&ge. and Ibo City SetIetary is hetcby ~ to causo 1be .00. of this ordinance to be published twice in the Denton Record-01roDie1~ a daily newspaper publishcd in the City _OfDenton. 'Tall; within CCD."(1 0) daY' ot1ho date of its p8888P. , PASSED AND APPROVED ibis tho~~ of ~<<Lr' .2004. tukW ~L BUlJNB BROCK; MAYOR ATrBST: .JBNNJPER. W ALTBRS, mY SBCRErARY BY: (jJ.111/J!Jm~Ikd. PAGB 3 ... ExhIbit A I . '1 I. I , M I' I ;, ~ . ~ I ( I I d l i :d I" _"""-_ .. I&;i I I -- --- _-&..4- .... ~ . Exh iblt " B Page 1 I I I I i" f. 'I ~1""j I hil. III. I. ~ b ~I L I" Ii ,h~ii 111M I I: " 911 I . II" ....1 III ~ I Hi R I I.w.t I".;::-I....!l~ ' I I 'II Hiw. !"l.i (I .. .! I" P J I~ .!~ ~:~ .... t. ~~ '~..... .. · · ,. . ~\t... ,~ . .. !II ~ - ~~ ..... ExhlbJt B .. .P8oe 2 ~ rid III' I.. I. t, 1IIII III ~. 11"lIllllIlbhlMdhL IbnUlI ~ . 1111 : IIIii II ~ 'U"'t""IIIftNO~ I~U" I .1 , I . , I -" " : ~;-, -~--;:_-=--=.~- f i ~_._~_ . I , ; . IL -.._ / ~ ~~ .... .........~I t ........ ...~ ..- --.-.....-.....- 31 Ii! 1!1~ IIi IlI!iI { . I . ...........IIII~~ ......a.. liiiiiiio S :\Qur Documents\Ordinances\06\S06-0005.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.72 ACRES OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF LILLIAN MILLER PARKWAY APPROXIl\1A TEL Y 170 FEET NORTH OF WIND RIVER LANE AND APPROXIMATELY 100 FEET WEST OF LAKE FORK CIRCLE, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICTION AND USE DESIGNATION; AND IS PLATTED AS LOT 1, BLOCK A, WIND RIVER ESTATES PHASE 1 ADDITION IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXllvIUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTNE DATE. (806-0005). j WHEREAS, The City of Denton has applied for an amendment for a specific use permit for a drive-through facility for Kwik Dryclean Super Center within a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, on approximately 0.72 acres, generally located on the east side of Lillian Miller Parkway approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle, and is platted as Lot 1, Block A, Wind River Estate Phase 1 Addition~ i WHEREAS, on July 26, 2006, having found that the approval criteria of Sections 35.3.3.C. and 35~13~11 of the Denton Development Code had been satisfied, the Planning and Zoning Commission recommended approval of the amcmdment of the specific use pennit for a drive-through facility with conditions; and WHEREAS, the City Council conCl1;rs in the findings of the Planning and Zoning Commission, and finds that the Specific Use Permit is consistent with the Denton Plan; 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 as true; SECTION 2~ The Specific Use Pennit ~ttached hereto and incorporated herein as Exhibit A is hereby approved for the property described 41 the caption of this ordinance; SECTION 3. The Specific Use Permit 'is hereby approved with the following conditions: 1. Trees will be planted and maintained across the eastern boundary of the property. 2~ The existing retaining wall and fence on the property to the south will be extended along the eastern boundary of the property. The~fence and retaining wall must be maintained. 3~ The current wall between the dry cleaning building and the proposed parking area will be removed and replaced with landscaped area. The landscaped area must be maintained. SECTION 4~ That if any provision of this ordinance, or the application thereof to anyperson or circumstance, is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end, the provisions of this ordinance are severable. SECTION 5.. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,OOO~OO, with each day of violation constituting a separate and distinct offense; SECTION 6~ This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage.. PASSED AND APPROVED this the _ day of , 2006 PERRY R.. MCNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. S PAGE 2 r-; I I , I I EXHIBIT A --..----..----------------- J I j J , a<<_~ -fJDr. PAGE 3 AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 DEPARTMENT: Fiscal Operations ACM: Jon Fortune SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 26, 2006, City Council Public Meeting Agenda to adopt a 2006 tax rate that will exceed the lower of the rollback rate or effective tax rate; calling two public hearings on a tax increase to be held on September 12, 2006, and September 19, 2006; requiring publication of a Notice of Public Hearings on Tax Increase in accordance with the law; and providing an effective date. BACKGROUND On Monday, July 31, 2006, staff provided Council with a copy of the required notice of effective tax rate calculation that was published in the Sunday, August 6, 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 $0.56704/$100 valuation and the rollback rate is $0.62790/$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, passed during the 79th Regular Session of the Texas Legislature, requires that two public hearings be held on the proposed tax increase, with the second hearing occurring three to fourteen days after the first. The proposed 2006-07 budget includes a $0.62652 tax rate, and exceeds the effective tax rate; therefore, it requires two public hearings, as well as a published quarter-page notice notifying the public of the hearings, and a published quarter-page notice before adopting the tax rate. ESTIMATED SCHEDULE 8/15/06 9/12/06 9/19/06 9/26/06 V ote to Place Proposal on Future Agenda Hold First Public Hearing Hold Second Public Hearing Adopt Tax Rate Agenda Information Sheet August 15,2006 Page 2 PRIOR ACTION/REVIEW On Monday, July 31, 2006, City Council was provided information regarding the proposed tax rate. In addition, during the August 2 Budget Workshop, City Council met and discussed the proposed tax rate. FISCAL INFORMATION The proposed property tax rate is included in the 2006-07 proposed budget. Respectfully submitted: ~- '-;.'\.i , ~ >. .. -- '!II . ~ Jon Fortune Assistant City Manager S :\Qur Documents\Resolutions\06\tax public hearing.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTE:MBER 26, 2006 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2006 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR THE EFFECTNE TAX RATE; CALLING TWO PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON SEPTE:MBER 12, 2006 AND SEPTE:MBER 19, 2006; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARINGS ON A TAX INCREASE IN ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTNE DATE~ WHEREAS, the City Council desires to consider adopting a tax rate of $0..62652 per $100 valuation, which will exceed the lower of the rollback rate or effective tax rate, in accordance with the requirements of the Tex. Tax Code chi 26 and to schedule two public hearings on the proposed tax increase; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ SECTION 1. The City Council desires to consider adopting a tax rate for the 2006 tax year of $0..62652 per $100 per valuation that will exceed the lower of the rollback rate or the effective tax rate. 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 fqr maintenance and operations on a $100,000 home by approximately $18.37. SECTION 3. The City Council hereby approves the placement of an item on the September 26, 2006 City Council public meeting agenda to vote on a proposed tax rate of $O~62652 per $100 valuation that will exceed, the lower of the rollback rate or the effective tax rate.. SECTION 4~ The City Council hereby calls two public hearings on the proposed tax increase to be held in the City Council Chambers at City Hall located at 215 East McKinney Street in Denton, Texas 76201 on September 12, 2006 and September 19, 2006 at 6:30 p..m. The public hearings 'Yill not be held until at least seven days after notice of the public hearings have been published in the Denton Record-Chronicle, a newspaper having general circulation within the City, in the form of the attached Notice of Public Hearing on a Tax Increase, which is made a part of this resolution for all purposes~ The City Manager, or his designee, is hereby directed to publish said notice in accordance with this resolution and in accordance with Tex. Tax Code 926~06. At the public hearings, the City Council will afford adequate opportunity for both proponents and opponents of the tax increase to present their views. SECTION 5. 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 15th day of August, 2006, at which meeting a quorum was present and the meeting was held in S :\OUT Documents\Resolutions\06\tax public hearing.doc accordance with the provisions of Tex~ Gov;t Code S551~OOl, et seq. The City Secretary is hereby directed to record this resolution and the vote on the proposal to place the item for a tax increase on the September 26, 2006 City Council agenda. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNlFER WALTERS, CITY SECRETARY. BY: APPROVED AS TO LEGAL FORM: EDWINM. SNYDE ITY ATTORNEY BY: Council Member Voted For Voted Against Perry R~ McNeill, Mayor Charlye Heggins Pete Kamp Jack Thomson Guy McElroy Bob Montgomery Joe Mulroy Deputy Mayor Pro Tern Page 2 To Be Pu b[1 shed Aug ust 27 2006 NOTICE OF PUBLIC HEARING ON TAX INCREASE The City ot Denton will hold two public hearings on..8 proposal to increase total tax revenues trom properties on the tax roll in the preceding year by 10w49 percent (percentage by which proposed taxes exceeds lower of rollback tax rate or effective tax calculated under Chapter 26, Tax Code). Your individual taxes may increase at a greater or lesser ratef or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The first public hearing will be held on September 12th at 6:30 p& m. at 215 E. McKinney, Denton, TX 76201. The second public hearing will be held on September 19th at 6:30 p. m. at 215 E. McKinney, Denton, TX 76201. The members of the governing body voted on the proposal to cons ider the tax increase as follows: FOR the proposal: AGAI NST the proposal: PRESENT and not voting: ABSENT: Budget with Last Year's Budget The appl icable percentage increase or decrease (or difference) in the amount budgeted in the preceding fiscal year and the amount budgeted for the fiscal year that beg ins dun ng the current tax year is ind icated for each of the following expenditure categories: Maintenance and operations Debt service Total expenditures 9.2 13.61 9.68 0/0 (Increase) or 0/0 (Increase) or 0/0 (Increase) or 0/0 (Decrease) - % (Decrease) == % (Decrease) Total appraised val ue* of aU property Total appraised val ue* of new property** Total taxable value... of all property T atal taxable value... of new property*. Total Appraised Value and Total Taxable Value calculated under s"ection 26.04, Tax Code Preceding Tax Year $ ~ 5, 135,825,863 $ 480,045,643 $ 4,789,376,811 $ 213,311,230 $ $ $ $ Current Tax Year 5,844,920,251 546,332,114 5,441 ,228,909 255,219,881 Bonded Indebtedness Total amount of outstanding and unpaid bonded indebtedness $ 130,160,000 Tax Rates Adopted tax rate for the precedi ng tax year Proposed tax rate for the current year Difference in the proposed tax rate and the adopted tax rate for the precedi ng tax year $ $ $ 0.60815 O~62652 0.01837 per $100 in value per $100 in value per $100 in value Percentage increase or decrease in the proposed tax rate and the adopted tax rate for the preceding tax year 3.02% % Increase OR % Decrease 0.00% These tax rate figures are not adjusted for changes in the taxable value of property. ~ IIlAppraised Varue~ is the amount shown on the appraisal roll and defined by Section 1.04(8)t Tax Code. '** ItNew Property- is defined by Section 26.0 12( 17), Tax Code. '/0" "Taxable Value" is defined by Section 1.04(10), Tax Code. Comparison of Residence Homestead Taxes Average appraised and taxable values on residence homesteads are compared from the preceding tax year and the current tax year. Preceding Tax Year Current Tax Year Average residence homestead value Homestead exemption amount for the taxi ng unit (exclud ing special exemption for persons 65 years of age or older or disabled~) Average taxable value of a residence homestead (excluding special exemptions for person 65 years of age or older or djsabled~) $ $ 123,723 5,000 $ $ 130,395 5,000 $ 118,723 $ 125,395 Comparison of Residence Homestead Taxes The taxes would have been imposed in the preced ing tax year on a residence homestead at the average appraised value (exduding special exemptions for persons 65 years of age or older or disabled) are estimated to be $722.01. The taxes that would be imposed j n the current tax year on a residence homestead apprajsed at the average appraised value in the current tax year (exel uding special exemptions for persons 65 years of age or older or disabled), if the proposed tax rate is adopted, are estimated to be $785~62. The difference between the amount 9f taxes on the average residence homestead in the current tax year, if the proposed tax rate is adopted, and the preceding tax year would be an increase of $63.61 in taxes~ AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 DEPARTMENT: General Government CM/DCM/ACM: Betty Williams, Executive Administrator Howard Martin, Interim City Manager SUBJECT: Resolution of the City of Denton City Council requesting the Texas Municipal League (TML) oppose legislation that would limit or prohibit a city's ability to make and sell compost/mulch products inside and outside of the city limits; and providing for an effective date. BACKGROUND: The 80th Regular Session of the Texas Legislature begins in January 2007. Since 1997, the City of Denton has participated in submitting resolutions to the Texas Municipal League's (TML) for consideration at their annual conference. This year if we wish to submit any resolutions for TML's consideration, we must have them in to TML no later than September 11,2006. Staff is recommending that the beneficial reuse (compost/mulch) resolution be submitted for TML's consideration. Rep. Dennis Bonnen, District 25, has asked the Texas Attorney General for an opinion on "whether or not a city can operate a well-organized, competitive and commercial compost/mulch business and sell its products outside its city limits in direct competition with private enterprise." He states in his letter that cities actively compete with private business in the State of Texas and bid on large commercial landscape projects. Many of the jobs involve hundreds of thousands of dollars, and that cities are easily able to underbid private businesses in this industry. Apparently, private businesses in the compost/mulch industry in Texas do not have any problem with cities returning the compost/mulch to the homeowners in their own communities, providing the compost/mulch to homeowners in their communities free of any charge, or using compost/mulch in their city parks and common areas. However, they think that cities should not be permitted to compete with private enterprises in the State of Texas nor in any way supply landscape contractors or sell bagged products to nurseries. If the AG opinion does not agree with their point of view there is a good chance we will see proposed legislation restricting our ability to sell "Dyno" product. The City of Denton Water Reclamation Division initiated the composting operation in 1990. The division had been exploring alternative methods of biosolid disposal and the composting process seemed very promising for an urban environment. The option exists to put wastewater biosolids in the landfill however this is not an environmentally responsible solution. If the Water Reclamation Division stops composting not only will the wastewater biosolids have to be disposed in the landfill but the construction lumber, wood waste and yard waste will have to be disposed of in the landfill as well. To put this volume of waste material in perspective, since ADA/EOE/ ADEA www.cityofdenton.com (TDD 800-735-2989) 8/11/06 TML Resolution on Beneficial Reuse Page 2 of3 1990 approximately 1,000,000 yards of wood waste and bio solids have been diverted from the landfill. It is estimated that the value of landfill airspace saved in excess of $2,000,000. Not only is tre composting operation saving landfill space it is extending the operating life of the landfill. The Environmental Protection Agency 503 regulations and TCEQ 312 regulations have long supported and promoted the composting process for biosolids and the marketing of this material by municipalities. Cities have spent millions of dollars on Industrial Pretreatment programs to clean the effluent water and wastewater biosolids to a level that these materials can be beneficially reused. Staff will discuss this issue with the regulatory agencies to make sure they are aware of this matter and hopefully they will provide information to the Attorney General's Office as well as the State Legislature. Denton's composting operation continues to grow and receive support from the community. We have included the sales history for the operation of this program (Exhibit 1). Our pricing structure for the various Dyno products is as follows: Dyno Dirt - $22.50 cubic yard Dyno Soil - $27.50 cubic yard Dyno Lite - $30.00 cubic yard Dyno Double Grind Mulch - $17.50 cubic yard Dyno Brown Mini Mulch - $17.50 cubic yard Dyno Deco-Colored Mulch - $30.00 cubic yard Currently our composting operation offers significant discounts on larger volumes of materials. Greater than 10 cubic yards 20% discount Greater than 1 00 cubic yards 40% discount Greater than 500 cubic yards 50% discount Many landscapers and soil materials businesses purchase our material at reduced rates and resale the material. We have secured 3-large contracts in recent years, two with Lewisville ISD and one with The City of Flower Mound for application on their ball fields. Those entities specified our product in their bid and they received the product at our 50% discounted rate. All three of these contracts were for volumes of material between 2,000 and 5,000 yards. If representative Bonner receives a favorable opinion from the Attorney General or if he is successful in passing this type of legislation, this would severely impact the financial viability of our composting operation. RECOMMENDATION Submit the attached resolution to TML proposing that they consider opposing any legislation that would limit or prohibit a city's ability to make and sell compost/mulch products, inside and outside of the city limits. PRIOR ACTIONIREVIEW (Council, Boards, Commission): August 7, 2006, City Council Special Called Work Session ADA/EOE/ ADEA www.cityofdenton.com (TDD 800-735-2989) 8/11/06 TML Resolution on Beneficial Reuse Page 3 of3 FISCAL INFORMATION: Any type of legislation that limits or prohibits our ability to make and sell compost/mulch products, inside and outside of the city limits, would severely impact the financial viability of our composting operation. EXHIBIT: 1. TML Resolution 2. Compost Sales Graph Respectfully submitted: ~'~ . .if :-'J...." ' .' ." . :'-~-- ~Abd . " , . -=. . ,~-" -. Betty Williams Executive Administrator Prep~~ed by: ." ~ ~ "f-t;~ :_-~: "~ ':~~:'}~!"~~ :--..... " John Cabrales Jr. Public Information Officer ADA/EOE/ ADEA www.cityofdenton.com (TDD 800-735-2989) S :\Qur Documents\Resolutions\06\ TML Resolution - Benificial Reuse.doc RESOLUTION NO. RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIP AL LEAGUE TO OPPOSE LEGIS LA TION THAT WOULD LIMIT OR PROHIBIT A CITY'S ABILITY TO MAKE AND SELL COMPOST/MULCH PRODUCTS, INSIDE AND OUTSIDE OF THE CITY LIMITS; AND PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the Texas Municipal League will hold its annual conference on October 25 - 27, in Austin, Texas; and WHEREAS, many cities Texas, including the City of Denton, operate beneficial reuse and conunercial compost/mulch business and make and sell these products to anyone inside and outside city limits in direct competition with private enterprise; and WHEREAS, Rep. Dennis Bonnen, District 25, has asked the Texas Attorney General for an opinion on whether cities should not be permitted to compete with private enterprises in the State of Texas nor in any way supply landscape contractors or sell bagged products to nurseries; and WHEREAS, if legislation is passed that limits or removes a city's ability to make and sell beneficial reuse and conunercial compost/mulch products to anyone inside and outside the city limits, this would have a negative impact to rp.unicipal revenues and landfill operations; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1" The City Council requests that the Texas Municipal League oppose legislation that would limit or prohibit a city's ability to make and sell compost/mulch products, inside and outside of the city limits~ SECTION 2. The City Manager is authorized to fOlWard a copy of this resolution to Mr. Frank Sturzl, Executive Director of the Texas Municipal League" SECTION 3~ This resolution shall become effective immediately upon its passage and approvaL PASSED AND APPROVED this the , day of , 2006. PERRY R. McNEILL, MAYOR S:\OUT Documents\Resolutions\06\ lML Resolution - Benificial Reuse.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER CITY ATTORNEY BY: Page 2 of2 ..... c: Q) tn Q) ... D..t) ~ 1-0 t-- e cu ma..rn m ~c; ~ ~ c: >- c: s.. ~S LL 0 c: tn~ Q) CO - (1) ca s.. enm tn ..... (1) tnC; om c. E o o ..c ..c ..c .2 .2 ..c .2 >- Il) 0 ClO 0 0 0 ::::J ::::J 0 0 Il) 0 ....... 0 ClO ~ N 0 ~ ~ .2 ::::J LL. 0 Il) ClO 0 <D ci an M ~ ~ C ::::J ~ ... <D ~ ~ <D M IlIl:t N N en Il) S 0 0 ~ '+-' ..c en C1> Il) CD en M CD ~ en ....... Il) 0 0 s..... c.~ IlIl:t 0 ClO en" ....... .. ClO .. IlIl:t .. ....... .. en" 0 u u .2 c.. s..... 2 Q) Q) 0 u 0 '+-' N" ClO .. Il) .. en" CD 0 ....... M en Il) OJ 0 0 u Q) 0 ::::J ..c s..... tJ) ~ M ClO en ~ N N M M M ~ .....J Q) 0 -0 (f) ~ u 0 ~ 0 0 0 0 0 0 0 0 0 0 s..... s..... 0 ~ Q) I I I I ns "'" 00 (J) 0 ~ N ('I') V LO <0 s..... 0 ro 0> 0 0 0 0 tJ) Q) C -0 -0 U 0> C C C C (J) (J) (J) 0 0 0 0 0 0 0 ~ I I I I I I I I I I ..c ~ Q) Q) ro ~ ~ ~ ~ n; <0 "'" 00 (J) 0 ~ N ('I') V LO U 0 OJ OJ 0 0 0 0 ....... (J) (J) (J) (J) 0 0 0 0 0 0 . . . 0 >- >- >- >- >- >- >- >- >- >- .... u.. u.. u.. u.. u.. u.. u.. u.. u.. u.. a a a a a a CX) tI7 90-lnr 90- JeV\l 90-AON 90-lnr 90- JeV\l vO-AON vO-lnr VO- JeV\l EO-AON EO-Inr EO- JeV\l cO-AON cO-lnr CO- JeV\l ~O-AON ~O-Inr ~O-JeV\l OO-AON oO-lnr 00- JeV\l 66-AON 66-lnr 66- JeV\l 86-AON 86-lnr 86- JeV\l L6-AON L6-lnr L6- JeV\l a a a a a a a a a a a a a a a a a a a tI7 a a a a a a a a ~ ('f) N ~ tI7 tI7 tI7 tI7 a a a a a a t- tI7 a a a a a a CD tI7 a a a a a a L{) tI7 AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 DEPARTMENT: General Government CM/DCM/ACM: Betty Williams, Executive Administrator Howard Martin, Interim City Manager SUBJECT: Resolution of the City of Denton City Council requesting the Texas Municipal League (TML) to support legislation that would place a moratorium on the creation of special districts until the State Legislature can appoint a task force to study their adverse affects; and providing for an effective date. BACKGROUND: The 80th Regular Session of the Texas Legislature begins in January 2007. Since 1997, the City of Denton has participated in submitting resolutions to the Texas Municipal League's (TML) for consideration at their annual conference. This year if we wish to submit any resolutions for TML's consideration, we must have them in to TML no later than September 11,2006. Staff is recommending that the special districts in a city's Extraterritorial Jurisdiction (ETJ) resolution be submitted for TML's consideration. Special districts were originally formed to allow rural areas to obtain adequate water and sewer supplies in areas not served by municipal facilities. In conjunction with the reduction in city authority to annex and vested rights legislation designed to protect developers, developers of dense urban developments in rural ETJ areas are using this special district legislation to create mini-quasi-political subdivisions in the ETJ's of cities. The incentive for creating special districts is that the developer obtains public financing where all of his development costs are reimbursed on the front end when the bonds for special district infrastructure are sold. The bondholders are paid back through ad valorem taxes assessed against the future homeowners that are typ ically at a tax rate that is dramatically higher than normal city tax rates. If the city decides to annex the special district area it must assume the special district's debt, thus putting the city in the position of having to pay for infrastructure through a much lower tax rate. This in turn becomes a disincentive for a city to annex the area until the debt is paid off, thereby further eroding the city's ability to annex area within its ETJ. Also, these districts typically propose very dense development in rural areas that are not compatible with the life style of the area, and persons that live in these areas of the ETJ commonly complain that they want their rural life style to be preserved. We think that cities, and not developers, are better suited to look out for the public interest in these ETJ areas. Cities are not allowed to apply there zoning controls in the ETJ, counties generally have no zoning controls, and there are no regional or state authorities that have zoning power in ETJ's. Under current law cities only have two options, try to negotiate a development agreement with ADA/EOE/ ADEA www.cityofdenton.com (TDD 800-735-2989) 8/9/06 TML Resolution on Special Districts in the ETJ Page 2 of2 the developer proposing the special district or institute involuntary annexation proceedings. However, a city's ability to involuntary annex property in the ETJ has been greatly curtailed by state law, and it is often difficult to negotiate a favorable agreement because of the vested rights laws that lock in development rights once any kind of application is filed. RECOMMENDATION Submit the attached resolution to TML proposing that they support legislation that would place a moratorium on the creation of special districts until the State Legislature can appoint a task force to study their adverse affects. PRIOR ACTIONIREVIEW (Council, Boards, Commission): August 7, 2006, City Council Special Called Work Session FISCAL INFORMATION: None. Respectfully submitted: ~'"... . . ,. "J" ,., .. ... .~. - . ..... .....- . ... . " ~ ~... ", ~ L'" Betty Williams Executive Administrator Prepared by: --:- :... John Cabrales Jr. Public Information Officer ADA/EOE/ ADEA www.cityofdenton.com (TDD 800-735-2989) S:\Our Documents\Resolutions\06\TML Resolution - Special District in ETJ.doc RESOLUTION NO. RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE SUPPORT LEGISLATION TO PLACE A MORATORIUM ON THE CREATION OF SPECIAL DISTRICTS UNTIL THE STATE LEGISLATURE CAN APPOINT A TASK FORCE TO STUDY THEIR ADVERSE AFFECTS; AND PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the Texas Municipal League will hold its annual conference on October 25 _ 27, in Austin, Texas; and WHEREAS, special districts were originally formed to allow rural areas to obtain adequate water and sewer supplies in areas not served by municipal facilities; and WHEREAS, in conjunction with the reduction in city authority to annex and vested rights legislation designed to protect developers, developers of dense urban developments in rural Extra Territorial Jurisdiction (ETJ) areas are using this special district legislation to create mini-quasi political subdivisions in the ETJ's of cities; and WHEREAS, the incentive for creating special districts is that the developer obtains public financing where all of his development costs are reimbursed on the front end when the bonds for special district infrastructure are sold, and the bond holders are paid back through ad valorem taxes assessed against the future homeowners that are typically at a tax rate that is dramatically higher than normal city tax rates; and WHEREAS, if the city decides to annex the special district area it must assume the district's debt, thus putting the city in the position of having to pay for infrastructure through a much lower tax rate and therefore, is a disincentive to annex the area until the debt is paid off, thereby further eroding the city's ability to annex area within its ETJ; and WHEREAS, these districts typically propose very dense development in rural areas that are not compatible with the life style of the area, and persons that live in these areas of the ETJ commonly complain that they want their rural life style to be preselVed, and cities are better suited to look out for the public interest in these ETJ areas; and WHEREAS, cities are not allowed to.: apply there zoning controls in the ETJ, counties generally have no zoning controls, and there are no regional or state authorities that have zoning power in ETJ's, thus under current law cities only have two options, try to negotiate a development agreement with the developer proposing the special district or institute involuntary annexation proceedings; and WHEREAS, a city's ability to invohu;ltary annex property in the ETJ has been greatly curtailed by state law, and it is often difficult to negotiate a favorable agreement because of the vested rights laws that lock in development rights once any kind of application is filed; NOW, THEREFORE, S:\QUT Documents\Resolutions\06\TML Resolution - Special District in ETJ.doc THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1 ~ The City COWlcil requests that the Texas Municipal League support legislation that would place a moratorium on the creation of special districts until the state legislature can appoint a task force to study their adverse affects. SECTION 2~ The City Manager is authorized to forward a copy of this resolution to Mr. Frank Sturzl, Executive Director of the Texas Municipal League. SECTION 3. This resolution shall become effective immediately upon its passage and approvaL PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDE , CITY ATTORNEY BY: Page 2 of2 AGENDA INFORMATION SHEET AGENDA DATE: August 15,2006 DEPARTMENT: City Manager's Office CM: Howard Martin, Interim City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current board/commission vacancies: Mayor McNeill will be announcing his appointments to the Denton Housing Authority. There is no Council action required. If you require any further information, please let me know. 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A OJ "0 l: o ,. 0) 0 '" :.= . ~ '" 0)..0; ..0; " B ~ ~ ~ .~ ~''5 ~ ~ ~ ~I fr ~ ~ " ,. 0 .... 0 G'.8 " g, '" ..0; " [j 1l 0.2.0 "';;: :s '" S 5 " ~. -g ,,~ . '" ,,- - bOo 0..0;" " i:l 'iil G' 8 '" '@ A " i(i 1:i 0- ;:: :n ~ ~ ..;:::J t:l ;.... t+-< . -a -5 v ro ~ " " "'..0; ~ ,,0 0) " :'3 Cl 5h." o VJ " bO._ '" Iil ,. "'.S '- 2 ;;: u 0.-".... .0 ~ 0 bO.-::; 0 0) ... ~ 0) ~..o; " 2 .... 0 bO " "" '" ~ ._ ..0;" C v ::l '" ._ _ ~ 0) .... E- 0) ''''> .... ... 0) '" 5 ._ := ..0; <::: Cl 6'5 8 ~.2..o; aou '" ~ ~ ~ t+-< ;:;3 8 ._ U .... . v 0 ''"' ~ ~ rJl .;- ",;i;..f:~f0_ ,.: . ./,"'>:/Vft( ?.c ~ . 0:-;::::: u ~l::: .~ ;:j U 0 u ] (!) rf) ... .s S ~ .- o ~ rf) o .~ ~ (!) S o I-< S .(;) ~ 0 .~ ro u S~.-o S 0.. l::: o ro u] .-0'" a ~ .. S,IOur DocumentslResolut;ons' HANDOUT TO COUNCIL 08/15/06 -r+em 56 - RESOLUTION NO. RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO OPPOSE LEGISLATION THAT WOULD LIMIT OR PROHIBIT A CITY'S ABILITY TO MAKE AND SELL COMPOST/MULCH PRODUCTS, INSIDE AND OUTSIDE OF THE CITY LIMITS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League will hold its annual conference on October 25 - 27, in Austin, Texas; and WHEREAS, many cities in Texas, including the City of Denton, operate beneficial reuse and commercial compost/mulch business and make and sell these products to anyone inside and outside city limits in direct competition with private enterprise; and WHEREAS, Rep. Dennis Bonnen, District 25, has asked the Texas Attorney General for an opinion on whether cities should not be permitted to compete with private enterprises in the State of Texas nor in any way supply landscape contractors or sell bagged products to nurseries; and WHEREAS, the City of Denton utilizes the production of compost to protect public health and safety in compliance with state and federal wastewater regulatory requirements for biosolids disposals; and WHEREAS, the compost production process recycles valuable wood waste products from the community's solid waste stream and maximizes the useful life of the existing landfill facility; and WHEREAS, the production of compost combines waste products from wastewater treatment and solid waste operations to produce a reuseable, recyclable, and environmentally beneficial alternative to traditional disposal methods; and WHEREAS, the sale of compost provides important cost recovery revenues for the ratepayer's investment in the technical development, operational, and capital equipment expense; and WHEREAS, the compost production, sales, and utilization demonstrates community environmental stewardship, recognition of repycled products value and support for state and local recycling goals; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council requests that the Texas Municipal League oppose legislation that would limit or prohibit a city's ability to make and sell compost/mulch products, inside and outside of the city limits. S:\OUf Documents\Resolutions\06\TML Resolution - Benificial Reuse.doc SECTION 2. The City Manager is authorized to forward a copy of this resolution to Mr. Frank Sturzl, Executive Director of the Texas Municipal League. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYD , !l:ITY ATTORNEY BY: Page 2 of2 S:\Our Document.s\Resolutio HANDOUT TO COUNCIL 08/15/06 I -feW\. 5 c.- RESOLUTION NO. RESOLUTION OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION TO PLACE A MORATORIUM ON THE CREATION OF CERTAIN SPECIAL DISTRICTS UNTIL THE STATE LEGISLATURE CAN APPOINT A TASK FORCE TO STUDY THEIR ADVERSE AFFECTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League will hold its annual conference on October 25 - 27, in Austin, Texas; and WHEREAS, certain non-educational special districts were originally formed to allow rural areas to obtain adequate water and sewer supplies in areas not served by municipal facilities; and WHEREAS, in conjunction with the reduction in city authority to annex and vested rights legislation designed to protect developers, developers of dense urban developments in rural Extra Territorial Jurisdiction (ETJ) areas are using this special district legislation to create mini-quasi political subdivisions in the ETJ's of cities; and WHEREAS, the incentive for creating special districts is that the developer obtains public financing where all of his development costs are reimbursed on the front end when the bonds for special district infrastructure are sold, and the bond holders are paid back through ad valorem taxes assessed against the future homeowners that are typically at a tax rate that is dramatically higher than normal city tax rates; and WHEREAS, if the city decides to annex the special district area it must assume the district's debt, thus putting the city in the position of having to pay for infrastructure through a much lower tax rate and therefore, is a disincentive to annex the area until the debt is paid off, thereby further eroding the city's ability to annex area within its ETJ; and WHEREAS, these districts typically propose very dense development in rural areas that are not compatible with the life style of the area, and persons that live in these areas of the ETJ commonly complain that they want their rural life style to be preserved, and cities are better suited to look out for the public interest in these ETJ areas; and WHEREAS, cities are not allowed to apply there zoning controls in the ETJ, counties generally have no zoning controls, and there are no regional or state authorities that have zoning power in ETJ's, thus under current law cities only have two options, try to negotiate a development agreement with the developer proposing the special district or institute involuntary annexation proceedings; and . WHEREAS, a city's ability to involuntary annex property in the ETJ has been greatly curtailed by state law, and it is often difficult to negotiate a favorable agreement because of the S:\Our Documents\Resolutions\06\TML Resolution - Special District in ETJ.doc vested rights laws that lock in development rights once any kind of application is filed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council requests the Texas Municipal League to support legislation that would place a moratorium on the creation of certain non-educational special districts until the state legislature can appoint a task force to study their adverse affects. SECTION 2. The City Manager is authorized to forward a copy of this resolution to Mr. Frank Sturzl, Executive Director ofthe Texas Municipal League. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: Page 2 of2 HANDOUT TO COUNCIL 08/15/06 I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DRAFT MINUTES PUBLIC UTILITIES BOARD August 14, 2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, August 14,2006 at 9:01 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Newell, Dick Smith, Bill Cheek, John Baines and Bob Bland. Absent: Phil Gallivan and Randy Robinson, excused Ex Officio Member: Howard Martin, Interim City Manager OPEN MEETING: ITEMS FOR INDIVIDUAL CONSIDERATION: 4) Receive a report, hold a discussion and give staff direction regarding the support of a City Council resolution requesting the Texas Municipal League (TML) oppose legislation that would limit or prohibit a city's ability to make and sell compost/mulch products inside and outside of the city limits. Jim Coulter, Director of Water Wastewater Utilities stated that the Resolution was meant to bring this proposed legislation to the Board's attention. While it focuses on Beneficial Reuse and composting operations, the ramifications of this legislation could be much broader for municipalities and the different recycling activities cUlTently in operation. It could restrict the City's ability to sell its "Dyno" products. Coulter provided a brief history of the Division operations noting that in 1990 the City's Water Reclamation Division initiated the composting operation. The division was, at that time, exploring alternative methods of biosolid disposal and thought the composting process seemed promising for an urban environment. Staff also looked at the option of putting wastewater biosolids in the landfill, but believed this would not be an environmentally responsible solution. If the City ceases its compo sting operation, the wastewater biosolids, construction lumber, wood and yard waste would be disposed of in the landfill, which would greatly reduce the operating life of the landfill. At that time, Howard Martin, Interim City Manager, stated that 10 tol5 years ago state and federal regulations encouraged that type of business and those regulations are largely responsible for some of the choices the City made along with way. At that point in time there really was not anyone in the business that incorporated biosolids. The City's product is quite unique in the market place. This could have a far-reaching effect. 1 Draft Minutes - Public Utilities Board 2 August 14,2006 3 Page 2 of2 4 5 6 Coulter indicated that staff was also working with other municipalities and the law firm of Lloyd 7 Gosselink to draft a brief that will go to the Attorney General. 8 9 After a discussion concerning the ramifications of such legislation, the Board directed staffto 10 expand statements in the Resolution associated with public health and welfare, environmental 11 stewardship, regulatory compliance and the conservation oflandfill space. 12 13 Board Member Dick Smith moved to approve with a second from Board Member Bill 14 Cheek. The motion was approved by a vote of5-0 15 16 5) Receive a report, hold a discussion and give staff direction regarding the support of a 17 Resolution of the City of Denton City Council requesting the Texas Municipal League 18 (TML) to support legislation that would place a moratorium on the creation of special 19 districts until the State Legislature can appoint a task force to study their adverse affects; and 20 providing for an effective date. 21 22 Tim Fisher, Assistant Director of Wastewater Utilities, presented this item noting that there is a 23 proliferation of special districts occurring in ETJ areas. Originally formed to allow rural areas to 24 obtain adequate water and sewer services in areas not served by municipal facilities, developers 25 are now using the special district legislation to create mini-quasi-political subdivisions in the 26 ETJ's of cities. This is a problem for the City's because these special districts are financed 27 through public financing with development costs reimbursed on the front end when the bonds for 28 special district infrastructure are sold. When cities consider annexation ofETJ's with special 29 districts, consideration of the assumed debt and having to provide infrastructure at a lower tax 30 rate becomes a disincentive to mmex. 31 32 Fisher also pointed out that control of underground water resources and the protection of the 33 aquifer was becoming increasingly more important and necessary. 34 35 Board Member John Baines indicated that he had, early in his career, worked for a firm where he 36 was responsible for to preparing the necessary bond papers to form special districts. 37 38 Chair Newell asked that staff include in the Resolution the exclusion of public schools as special 39 districts. 40 41 Board Member Cheek moved to approve with a second from Board Member Bob Bland. 42 The motion was approved by a vote of 4-0, with Board Member John Baines abstaining. 43 44 45 The meeting was adjourned by consensus at 10:31 a.m.