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HomeMy WebLinkAboutNovember 7, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL November 7,2006 The City Council will attend a reception for City Manager George Campbell on Tuesday, November 7,2006 at 4:30 p.m. in the Council Work Session Room at City Hall. Regular Meeting of the City of Denton City Council on Tuesday, November 7,2006 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: NOTE: 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, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. However, the Council reserves the right to take action at the meeting regarding any item on the agenda. 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. PROCLAMATIONS/PRESENTATIONS A. Consider approval of a Resolution of Appreciation for John Oliver Alexander. B . Proclamations/Awards C. October 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 - V). 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 - V 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 of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $1,200,000 so that General Fund vehicles and equipment may be purchased; and providing an effective date. City of Denton City Council Agenda November 7,2006 Page 2 B. Consider adoption of an ordinance amending Article V, Library, of Chapter 2 of the City Code establishing operating policies and procedures; establishing fees for full access library cards for non-residents and students and for limited access punch cards; establishing additional requirements for return of borrowed materials; providing a severability clause; providing for a penalty for each violation not to exceed $500; providing for a savings clause; and providing for an effective date. The Library Board recommends approval (6-0). C. Consider adoption of an ordinance of the City Council of Denton, Texas amending Section 2-156 of the City Code authorizing the City Manager to institute administrative directives and procedures establishing regulations for the internal operations of the Denton Library upon the recommendation of the Library Board; establishing a savings clause; and providing an effective date. The Library Board recommends approval (6-0). D. Consider adoption of an ordinance of the City of Denton, Texas approving a designation and dedication of public right of way for an approximate five-foot wide public utility easement within the existing right-of-way of Vintage Blvd. for the exclusive use of Denton Municipal Electric; and providing an effective date. The Public Utilities Board recommends approval (6-0). E. Consider adoption of an ordinance of the City of Denton approving a License Agreement between Ernestine E. Riley and the City of Denton relating to the encroachment of a detached arbor and other improvements across an existing 16' drainage and public utility easement located in the John McGowan Survey, Abstract No. 797 and being described in the Recorder's No. 20050R006-4327 of the deed records of Denton County. The Public Utilities Board recommends approval (6-0). F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for civil, structural, and electrical design services and engineering services for electric substation projects and related services for Denton Municipal Electric with the firm of CLE Engineers, Inc., a corporation, in an amount not to exceed $125,000; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (6-0.) G. Consider approval of a resolution confirming the appointment of Scott Langford as Interim Police Chief of the City of Denton Police Department; and declaring an effective date. H. Consider adoption of an ordinance accepting competitive bids and awarding a two-year contract for the purchase of emergency medical service supplies for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3532 - Two- Year Contract for Emergency Medical Service (EMS) Supplies awarded to the lowest responsible bidder for each item in the estimated cumulative annual amount of $116,273). City of Denton City Council Agenda November 7,2006 Page 3 I. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of hot mix asphalt concrete for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3605 - Annual Contract for Hot Mix Asphalt Concrete awarded to the lowest responsible bidder for each item, Jagoe-Public Company, in the estimated cumulative annual amount of $2,700,000). J. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of two backhoes for the City of Denton Water Distribution Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3613 - Interlocal Agreement for Two Backhoes with H-GAC awarded to Equipment Support Services, Inc. in the amount of $134,323.08). The Public Utilities Board recommends approval (5-0). K. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with The Cooperative Purchasing Network (TCPN) for the acquisition of HV AC air conditioning units for eight City of Denton facilities by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3621 - Interlocal Agreement for Purchase of HV AC Air Conditioning Units with TCPN awarded to The Trane Company in the amount of $396,440). L. Consider adoption of an ordinance authorizing the financing of fleet vehicles and equipment for various city departments through a lease purchase financing agreement; providing for the expenditure of funds therefor; and providing an effective date (File 3608 - Third Party Lease Purchase of Vehicles and Equipment, approximate finance charges of $188,608.70 for 60 months and $108,352.30 for 120 months for total finance charges of$296,961). M. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of 27 vehicles for various City of Denton General Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3641 - Interlocal Agreement for the purchase of General Fund Vehicles for the 2006-2007 fiscal year awarded to Philpott Motors in the amount of$561,886). N. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Sheepfoot Roller for the Street Department for the City of Denton General Street Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3642 - Interlocal Agreement for the purchase of a Sheepfoot Roller for the Street Department awarded to Holt CAT in the amount of$159,623). City of Denton City Council Agenda November 7,2006 Page 4 O. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of a Surface Pre Mixer; providing for the expenditure of funds therefor; and providing an effective date (File 3643 - Interlocal Agreement for Surface Pre Mixer with Tarrant County, contract awarded to Conley Lott Nichols of Texas, Inc. in the amount of $318,380). P. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of a Type I Ambulance for the City of Denton Fire Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3644 - Interlocal Agreement for Type I Ambulance with H-GAC awarded to Freeway Ford in the amount of$110,625). Q. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the annual maintenance and replacement of specified curbs, gutters, sidewalks and ADA ramps for the City of Denton (as listed in Attachment 1); providing for the expenditure of funds therefor; and providing an effective date (Bid 3516 - Annual Contract for Concrete Work (expenditure over $100,000) awarded to Floyd Smith Concrete, Inc. in the estimated amount of $175,000). R. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Solutient GeoSciences, Inc. for performing all landfill groundwater monitoring, data review, reporting, and general geological and hydrogeological services regarding the City of Denton, Texas Municipal Solid Waste Landfill in an amount not to exceed $110,093.55; authorizing the expenditure of funds; providing for retroactive ratification and approval thereof; and providing an effective date. (File 3620 - awarded to Solutient GeoSciences, Inc. in an amount not to exceed $110,093.55). The Public Utilities Board recommends approval (5-0). S. Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. TxDOT Project No. AM2007DNTON and TxDOT CSJ No. M718DNTON. The Airport Advisory Board recommends approval (7-0). Mobility Committee forwarded Airport Advisory Board recommendation (3-0). T. Consider a request for an exception to the Noise Ordinance for amplified sound for a party and musical concert to be held at the North Texas State Fairgrounds on December 9, 2006. The exception is specifically requested to extend the hours from 10:00 p.m. to 12:00 a.m. for amplified sound. City of Denton City Council Agenda November 7,2006 Page 5 U. Consider adoption of an ordinance nunc pro tunc, correcting an inadvertent mistake in Ordinance No. 2005-224, specifically its amendment of Section 35.13.13.2 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violation thereof; providing for severability, savings and supersede; and providing for an effective date. (DCA06-0019) (Graphics omitted) V. Consider approval of the minutes of: October 2, 2006 October 3, 2006 October 10, 2006 October 17, 2006 October 24,2006 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance concerning the rezoning of approximately 3.5 acres from a Neighborhood Residential-2 (NR-2) zoning district to a Neighborhood Residential Mixed use (NRMU) zoning district with an overlay district. The property is located at the northwest corner of Teasley Lane and Lillian Miller Boulevard. The Planning and Zoning Commission recommends approval (5-0). Z06-0024 B. Hold a public hearing and consider adoption of an ordinance granting approval of a portion of the Denton Branch Rail/Trail generally from milepost 721.5 to 729.5 for the purpose of a public commuter rail service in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance approving a memorandum of understanding between the City of Denton and the Denton County Transportation Authority regarding the use of a portion of the Denton Branch Rail/Trail from mile post 721.5 to 729.5 for the purpose of public commuter rail service: and providing an effective date. The Mobility Committee recommends approval (3-0). The Parks, Recreation and Beautification Board will consider this item on November 6, 2006. B. Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. C. Consider appointing a voting delegate and an alternate voting delegate to the National League of Cities Annual Congress of Cities. D. Consider nominations/appointments to the City's Boards and Commissions. City of Denton City Council Agenda November 7,2006 Page 6 E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Nell Yeldell regarding the way the City treats people from Katrina. B. Robert Donnelly regarding development issues. C. Larry Luce regarding Code Enforcement. D. Jordan Hudspeth regarding concerns of Southeast Denton. E. Lanisha Hudspeth regarding concerns of Southeast Denton. F. Hagar Hudspeth regarding concerns of Southeast Denton. G. Willie Hudspeth regarding concerns of Southeast Denton. F. New Business This item provides a section for Council Members to suggest items for future agendas 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. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,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 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Resolution in appreciation of JOHN OLIVER ALEXANDER WHEREAS, John O. Alexander has been an advocate for and friend of the Denton Public Library since 1979, when he and his family moved their household froll1.,the New York City area to Argyle; and WHEREAS, the staff of Denton Public Library have benefited from his leadership seminars and management services given free-of-charge; and WHEREAS, John O. Alexander in his Last Will and Testament made a bequest to the Denton Public Library of his excellent collection of record CDs and tapes; and WHEREAS, the citizens of Denton can now check out and enjoy John O. Alexander's large collection of symphony, opera, and musicals in mint condition which include the works of Wagner, Verdi, Faust, and more; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: The sincere and warm appreciation of John O. Alexander felt by the staff of the Denton Public Library be formally conveyed to John O. Alexander's wife, Carol, to her in a permanent manner by reading this Resolution into the official minutes of the City of Denton, and forwarding to her a true copy thereof; and BE IT FURTHER RESOLVED: The City of Denton does hereby officially and sincerely extends its thanks to John O. Alexander for his generosity and remembrance of the Denton Pub~~ JLifrary. PASSED AND APPROVED this the rjt'-" day of ~UA1l~. 2006. ~~ 6J.ntf~ PERRyj . McNEILL, MAYOR ATTEST: JE R WALTERS, C SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. ER, C A TIORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: November 7,2006 DEP ARTMENT: Budget ACM: Jon Fortune "SUBJECT" Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $1,200,000 so that General Fund vehicles and equipment may be purchased; and providing an effective date. "BACKGROUND" The Fleet Services department is utilizing certificates of obligation and third party leasing for the purchase of General Fund vehicles and equipment for FY2006-07. The Fleet Services department is requesting a reimbursement ordinance in the amount of $1,200,000. This will provide flexibility in the purchase of the General Fund vehicles and certificates of obligation will only be issued to cover the costs of vehicles and equipment purchased. These funds will be provided by the Unreserved Fund Balance of the General Fund and will be reimbursed with Certificates of Obligation sold in fiscal year 2006-07. These funds will be used to purchase General Fund fleet additions and replacements that were approved as part of the 2006-07 adopted budget and the 2006-07 Capital Improvement Budget. "PRIOR ACTIONNIEW (COUNCIL.. BOARDS.. COMMISIONS} None "FISCAL INFORMATION" This ordinance will allow $1,200,000 from the General Fund unreserved retained earnings to be expended and subsequently reimbursed with Certificates of Obligations. Respectfully submitted: "",. ~:;'r _ ,-- ~. . I . ~ " "~ ,1 ~ X" ~ ~ Jon Fortune Assistant City Manager S :\QUT Docmnents\Ordinances\06\Reimbursernent-vehicles.doc ORDINANCE NO~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REllvIBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT EQUAL TO $1,200,000 SO THAT GENERAL FUND VEHICLES AND EQ1JIPMENT MAY BE PURCHASED; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City of Denton (the "Issuer") IS a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures for purchase of vehicles and equipment being fleet additions and replacements, which were approved in the 2006-2007 Adopted Budget and the 2006~07 Capital Improvement budget and are described in Attachment "A"; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will: be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to ,declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HE,REBY ORDAINS: SECTION 1. The Issuer reasonably;expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $1,200,000 for the purpose of paying the costs of the Project, as set forth in the attached Attachment <<A", which is made a part of this Ordinance for all putposes as if incorporated word for word herein. SECTION 2. All costs to be reimbursed pursuant hereto will be for the purchase of fleet vehicles and equipment as authorized by Section 271.045(a)(I) of the Texas Local Government Code. No tax-exempt obligations will be issued by the Issuer in furtherance of this resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. That all amounts expended from the Unreserved Fund Balance of the General Fund for the Project set forth in AttachmeQ.t "A" to pay any costs of the Project shall be reimbursed from Certificate of Obligation bond proceeds within the 2006~2007 fiscal year. SECTION 3. The foregoing notwith~tanding, no tax-exempt obligation will be issued pursuant to this Ordinance more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. This Ordinance shall become effective immediately upon its passage and approvaL S :\QUT Documents\Ordinances\06\Reimbursement.vehicles.doc PASSED AND APPROVED this the '.' ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of2 day of , 2006. PERRYR. McNEILL, MAYOR Attachment A Vehicles & Equipment Police vehicles & equipment - 26 Fire vehicles & equipment - 3 Animal Control vehicles - 3 Street equipment - 2 Building Inspections vehicles - 2 Planning vehicle - 1 Code Enforcement vehicles - 5 Parks Leisure Services vehicles ~ 2 Parks Maintenance vehicles & equipment - 11 Library vehicles - 1 2006-07 Vehicles and Equipment 17 Police Vehicles - Oct.. 17,2006 (Existing COs) Third Party Leasing - 5 year Third Party Leasing ~ 1 0 year Balance Certificate of Obligation $ 2,400,000 ( 400,000) (363,000) ( 4834tOOO) $ 1,200,000 AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006 DEP ARTMENT: Library System ACM: .. Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance amending Article V, Library, of Chapter 2 of the City Code establishing operating policies and procedures; establishing fees for full access library cards for non-residents and students and for limited access punch cards; establishing additional requirements for return of borrowed materials; providing a severability clause; providing for a penalty for each violation not to exceed $500; providing for a savings clause; and providing for an effective date. The Library Board recommends approval (6-0). BACKGROUND On June 20, 2006, the Denton City Council approved Ordinance No. 2006-172, which required the payment of an annual fee for a library card for nonresidents and discounted fees for nonresidents enrolled full time in an independent school district or home-schooled. This Ordinance also provided limited access punch cards for nonresidents. Since passage of the Ordinance No. 2006-172, two sections need to be amended based on the following revisions: Section 2-157. Librarv Cards now includes: o The provision of a free card to nonresident business owners who render business personal property for ad valorem taxes and who pay taxes on same. o The provision of a full access card for those who are also currently enrolled full time in grades 1 through 12 in a formally recognized or accredited private or parochial school for thirty dollars ($30.00). Section 2-158. Return of Borrowed Materials now includes: o Additional types of materials - VHS video, CD and DVD video. o Change of borrowing period from fourteen (14) to twenty-one (21) days for all materials except DVD video. o Change of notification certified mail with return receipt to notification to telephone number or email address noted on the current customer record. RECOMMENDATION Library Administrative staff recommends that the City Council amend Article V of Chapter 2 of the City Code based on the changes to Sections 2-157 and 2-158. PRIOR ACTION/REVIEW (Council" Boards" Commissions) On October 23,2006, the Denton Library Board at their monthly meeting unanimously voted (6- 0) to approve the amended Ordinance. EXHIBITS 1. Ordinance 2. Minutes Respectfully submitted: ';v, Eva Poole Director of Libraries S :\Our Documents\Ordinances\06\Library Amendments.doc ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE V, LIBRARY, OF CHAPTER 2 OF THE CITY CODE ESTABLISHING OPERATING POLICIES AND PROCEDURES; ESTABLISHING FEES FOR FULL ACCESS LffiRARY CARDS FOR NON-RESIDENTS AND STUDENTS ' AND FOR LIMITED ACCESS PUNCH CARDS; ESTABLISHING ADDITIONAL REQUIREMENTS FOR RETURN OF BORROWED MATERIALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR EACH VIOLATION NOT TO EXCEED $500; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager and the Director of Libraries have recommended certain changes to Article V "Library" of Chapter 2 of the City Code regulating the purchase of full access and limited access punch cards, the return of borrowed materials, and making certain other changes regarding charges for library cards for students and certain non-residents; and WHEREAS, the City Council has determined that these changes to Article V "Library" of the City Code are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Sections 2-156 and 2-158, of Article V Library, of Chapter 2 of the City Code are hereby amended to read as follows: ARTICLE V. LIBRARY DIVISION 1. GENERALLY Sec. 2..157. Library cards. (a) An adult applicant is eligible for a library card free of charge upon making proper application if they reside within the city limits of the City of Denton, Texas. City employees and non-residents who own real property within the city limits and non-residents who operate a business within the City limits and who render business personal property for ad valorem taxes and who pay those taxes will also be eligible to obtain a library card free of charge~ An annual non-resident fee of fifty dollars ($50.00) shall be charged for those living outside of the city limits of Denton, Texas who wish to purchase full access to library services.. The non-resident fee will be charged per household and not per~'person~ The non-resident applicant shall have the burden of proving real property ownership, rendition and payment of personal property taxes for taxation purposes and household membership which will be determined by proof of residency~ A ' nonresident individual who is currently enrolled full time in grades 1 through 12 in a formally recognized or accredited public, private or parochial school or who is being home schooled in accordance with the requirements of the Texas Education Code may purchase full access to library services for thirty dollars ($30.00)~ University, college, community college and other students not meeting this criteria are not eligible for this card~ Limited access punch cards which , allow nonresidents to borrow up to 15 items may be purchased for fifteen dollars ($15.00) and Exhibit 1 s: \OUf Documen ts\Ordinances\06\Library Amendments.doc those which allow nonresidents to borrow up to 30 items may be purchased for twenty dollars ($20.00) per year. The annual fee may be amended and changed by the city council as is deemed necessary. Sec. 2-158. Return of borrowed materials. It is unlawful for any person, including the parent or guardian of a child under the age of seventeen (17) years who shall take or borrow from the public library any book, VHS video, CD, pamphlet, periodical, paper or other property, to neglect, refuse or fail to return the property within twenty-one (21) days (fourteen (14) days for DVD video) of the date noted on the charge receipt at the time of check out. A notification will be sent to his or her address, telephone number or email address as noted on the current customer record after the item has been overdue for five days. SECTION 2. A person violating a provision of this Ordinance may be fined up to a maximum fine of five hundred dollars ($500.00). A person is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4t All provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 2 of3 S :\QUf Documents\Ordinances\06\Library Amendments.doc APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 3 of3 DENTON PUBLIC LIBRARY BOARD MEETING Minutes of Meeting October 23, 2006 Present: Dorothy Adkins, Judy Deek Giese, Turner Kobler, Pat Langa, Teresa Starrett, Sherri McDade, and Eva Poole Absent: Lori Wolfe As the Board received notice that Teresa Starrett would arrive late to the meeting, Vice Chair, Sherri McDade called the meeting to order at 5: 1 0 p.m. at the South Branch Library. The minutes of the September 25, 2006 minutes were approved with a motion to accept made by Pat Langa and seconded by Dorothy Adkins. After discussion led by Eva Poole, the Board approved the ordinance amending Article V, Library, of Chapter 2 of the City Code. Pat Langa made the motion to accept the amendment, Judy Deek Giese seconded the motion, and the amendment passed with a 6 -0 vote. After discussion led by Eva Poole, the Board approved amending Section 2-156 of the City Code. Sherri McDade made the motion to accept the amendment, Turner Kobler seconded the motion, and it passed with a 6-0 vote. The revised Gift Policy was discussed. Judy Deek Giese made the motion to accept the revision, Dorothy Adkins seconded, and the motion passed unanimously. New Business: Election of Officers As there were no other nominations from the floor, the following officers were re-elected for FY 2006-2007 by acclamation: Teresa Starrett, Chair; Sherri McDade, Vice Chair; Lori Wolfe, Secretary. Pat Langa and Turner Kobler will also serve again as Lay Representative and Alternate Lay Representative respectively for the North Texas Regional Library System (NTRLS) for FY 2006-2007. The meeting adjourned at 6:00 p.m. Respectfully submitted, Eva Poole Exhibit 2 AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006 DEP ARTMENT: Library System .. ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending Section 2-156 of the City Code authorizing the City Manager to institute administrative directives and procedures establishing regulations for the internal operations of the Denton Library upon the recommendation of the Library Board, establishing a savings clause; and providing an effective date. The Library Board recommends approval (6-0). BACKGROUND The language of the City Code related to the Denton Public Library is outdated and in need of revision. There has not been a comprehensive review of the library sections in the past 40 years. As a result, Section 2-156, Article V, "Operating Policies and Procedure" contains provisions that hamper the day-to-day operations of the library system. The original purpose of Section 2-156 was to have the Library Board recommend all policies and procedures to the City Council for approval. When this section was approved in 1966, the library had very few policies and procedures to present to Council for approval. In 2006, the Library Board regularly reviews several policies a month, most of which are administrative directives and procedures, and do not rise to the policy level. Since Section 2-28 of the City Code already gives the City Manager authority to issue administrative directives and to establish administrative procedures, rules, and regulations concerning the internal operations of the City, the day-to-day administrative directives and procedures of the Denton Public Library should fall under this legal authority as well. All policies defined in Section 2-28 of the City Code would continue to be recommended by the Library Board and approved by the City Council, and copies kept on file in the office of the City Secretary. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) On October 23, 2006, the Denton Library Board at their monthly meeting unanimously (6-0) voted to amend Section 2-156. RECOMMENDATION Library Administrative staff recommends that the City Council amend Section 2-156 of the City Code. EXHIBITS 1. Ordinance 2. Minutes Eva Poole Director of Libraries S :\Qur Documents\Ordinances\06\Library Amendment Ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AMENDING SECTION 2-156 OF THE CITY CODE AUTHORIZING THE CITY MANAGER TO INSTITUTE ADMINISTRATIVE DIRECTIVES AND PROCEDURES ESTABLISHING REGULATIONS FOR THE INTERNAL OPERATIONS OF THE DENTON LffiRARY UPON THE RECOMMENDATION OF THE LIBRARY BOARD; ESTABLISHING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Section 2-28 of the City Code the City Manager already has the authority to issue administrative directives and to establish administrative procedures establishing rules and regulations concerning the internal operations of the City and detailing the means and methods by which the City Manager implements the policy; and WHEREAS, the institution of administrative directives and procedures which do not rise to the policy level for the day-to-day operations of the Library will result in more efficient library operations; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. Section 2-156 "Operating Policies and Procedures" of Article V. Library of the Code of Ordinances of the City of Denton is hereby amended to read as follows: ; The Library Director shall be responsible for day to day operations of the Library. The Library will be operated in accordance with administrative directives and procedures issued by the City Manager or his designee, the Library Director_~ All policies as that term is defmed in Section 2- 28 of the City Code shall be recommended by the Library Board and approved by the City Council, a copy of which shall be kept on file in the office of the City Secretary. 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. 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 ATTEST: JENNIFER W ALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY "7"- BY: I Page 2 DENTON PUBLIC LIBRARY BOARD MEETING Minutes of Meeting October 23, 2006 Present: Dorothy Adkins, Judy Deek Giese, Turner Kobler, Pat Langa, Teresa Starrett, Sherri McDade, and Eva Poole Absent: Lori Wolfe As the Board received notice that Teresa Starrett would arrive late to the meeting, Vice Chair, Sherri McDade called the meeting to order at 5: 1 0 p.m. at the South Branch Library. The minutes of the September 25, 2006 minutes were approved with a motion to accept made by Pat Langa and seconded by Dorothy Adkins. After discussion led by Eva Poole, the Board approved the ordinance amending Article V, Library, of Chapter 2 of the City Code. Pat Langa made the motion to accept the amendment, Judy Deek Giese seconded the motion, and the amendment passed with a 6 -0 vote. After discussion led by Eva Poole, the Board approved amending Section 2-156 of the City Code. Sherri McDade made the motion to accept the amendment, Turner Kobler seconded the motion, and it passed with a 6-0 vote. The revised Gift Policy was discussed. Judy Deek Giese made the motion to accept the revision, Dorothy Adkins seconded, and the motion passed unanimously. New Business: Election of Officers As there were no other nominations from the floor, the following officers were re-elected for FY 2006-2007 by acclamation: Teresa Starrett, Chair; Sherri McDade, Vice Chair; Lori Wolfe, Secretary. Pat Langa and Turner Kobler will also serve again as Lay Representative and Alternate Lay Representative respectively for the North Texas Regional Library System (NTRLS) for FY 2006-2007. The meeting adjourned at 6:00 p.m. Respectfully submitted, Eva Poole Exhibit 2 AGENDA INFORMATION SHEET AGENDA DATE: November 7,2006 DEP ARTMENT: Utilities Howard Martin, 349-8232 .. ACM: SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving a designation and dedication of public right of way for an approximate five foot wide public utility easement within the existing right-of-way of Vintage Blvd. for the exclusive use of Denton Municipal Electric; and providing an effective date. The Public Utilities Board recommends approval (6-0). BACKGROUND A new underground electric power line is required along Vintage Parkway between US Highway 377 and Bonnie Brae to serve development in the area. The conductor will be 750 kCMIL copper to meet the potential demands of the future. The city Planning Department staff has agreed with the developer that there is adequate land in the street right-of-way to allow a portion of the right-of-way to be converted to an electric easement thereby lessening the burden on the developer. The street right-of-way is 135 feet wide, and it is proposed to formally convert five feet along the south boundary to an electric easement. This action is proposed to protect the interests of Denton Municipal Electric (DME) by providing an permanent easement equivalent to being outside of the right-of-way. DME does not construct underground in city streets or TxDOT rights-of-way because of the financial risk of having to move the line in the future without reimbursement. The extent of the potential impact from DME having to absorb the cost of a future relocation is underscored by the fact that the cost of copper has risen approximately 300% in the last year. Underground construction along a public street requires less easement space than an overhead line would. 17.5 feet of clear space is required from the centerline of an overhead line to meet National Electrical Safety Code guidelines and City of Denton requirements. No additional clearance outside the five-foot easement is needed for underground since, in this case, access will be along a public street. One other factor makes setting aside this easement prudent. It is anticipated that the Vintage Parkway will become a state road at some point. Without the easement for DME facilities, there would be no protection from future state plans or changes. The very expensive underground construction would be at risk. OPTIONS 1. Recommend approval. 2. Not recommend approval and place DME in the position of having to condemn and pay for an easement from the developer resulting in additional cost. RECOMMENDATION DME recommends approval of the provision for an easement in the right-of-way. ESTIMATED SCHEDULE The developer is proceeding with grading at this time. DME's design for the Meadows of Hickory Creek is essentially complete and will be released for construction upon notice from the developer that the electrical work can begin. The installation along Vintage Parkway will be concurrent with the work on the subdivision. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) This item was presented to the Public Utilities Board at their October 9, 2006 regular meeting. The Public Utilities Board recommends approval 6-0. FISCAL INFORMATION There is no cost other than for preparation of the approval documents. BID INFORMATION Not applicable DATE SCHEDULED FOR COUNCIL APPROVAL November 7,2006 EXHIBITS 1. Ordinance 2. Map of the area 3. Proposed easement documentation 4. PUB Minutes Respectfully submitted, ----------:/----- -~~jf/- ~t'---_;;?:f:'-;; .!~---- -) !=..'G-:>(l :%-~/f.--I -' i/.<:-//1(7/_- -- ~/'illj~ d--~~;\v ,F//;/ i.f/1.~~~ __'::/____-__I..c.....___ ,.:;.,___ Sharon Mays Director of Electric Utilities Electric Administration Prepared by: ~~~_. :1:1: Chuck Sears Engineering Administrator Denton Municipal Electric s: \OUf Documents\Ordinances\06\ Vintage Blvd. DME Dedication.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A DESIGNATION AND DEDICATION OF PUBLIC RIGHT OF WAY FOR AN APPROXThfATE FIVE FOOT WIDE PUBLIC UTILITY EASEMENT WITHIN THE EXISTING RIGHT-OF-WAY OF VINTAGE BLVD. FOR THE EXCLUSIVE USE OF DENTON MUNICIPAL ELECTRIC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council hereby finds that it is in the public interest to designate and dedication a public utility easement within the right-of-way of Vintage Blvd. for the exclusive use of Denton Municipal Electric in accordance with the Designation and Dedication of Public Right of Way document attached hereto and made a part hereof by reference as Exhibit "A" (the "Dedication"); NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Dedication is hereby approved. The City Manager, or his designee is hereby authorized to executive the Dedication on behalf of the City of Denton. 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 TTORNEY BY: Exhibit 1 EXHIBIT 1 PUB Agenda: October 9, 2006 Vintage Parkway Easement Dedication MEADOWS AT HICKORY CREEK w ~ m w z z o m ROPOSED 5' ELECTRIC~EMENt STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ DESIGNATION AND DEDICATION OF PUBLIC RIGHT OF WAY KNOW ALL MEN BY THESE PRESENTS: Preamble: WHEREAS, the CITY OF DENTON, TEXAS a home rule municipal corporation, of Denton County, Texas, is the owner of the real property, which is the same property conveyed to it by Joab Partners, L.P. by deed dated May 8, 2003, identifiable by Denton County, Texas Clerk's Document Locator Number 2003-ROI43866, and also conveyed by Marvin C. (M.C.) Burch, Richard Lee Burch, and Nelda Grace (Burch) Hackett by deed dated May 27, 2003, identifiable by Denton County, Texas Clerk's Document Locator Number 2003-R0098838 and both recorded under said numbers in the Deed Records of Denton County, Texas (the "Property" herein), and; WHEREAS, the Property was granted to the CITY OF DENTON, TEXAS for the purpose of permitting it to construct, maintain, repair and operate thereon a street, highway, right-of-way, drainage improvements, utilities and other related improvements, and; WHEREAS, the CITY OF DENTON, TEXAS, has caused a utility easement to be surveyed, subdivided and platted out of the Property as described herein at Exhibit "A" and shown on the plat and map attached herein at Exhibits "B", "BI", "B2" and "B3", and; WHEREAS, the CITY OF DENTON, TEXAS desires to designate the specific uses of the Property by plat and map to provide notice to the public of the locations of its facilities; Designation and Dedication: NOW, THEREFORE, the CITY OF DENTON, TEXAS does hereby DECLARE, DESIGNATE and DEDICATE that the utility easement described at Exhibit "A" and depicted at Exhibits "B", "BI", "B2" and "B3" are dedicated to the public forever, and are designated to be used as a utility easement as shown. The utility easement shall be five feet (5') in width following the southern and western boundary lines of the Property. Exhibit 3 Page 1 of2 - DESIGNATION AND DEDICATION OF PUBLIC RIGHT OFW AY - Limitations, Resenrations, Exceptions and Specifications: The utility easement described herein is designated for the exclusive use of Denton Municipal Electric, a department of the City of Denton, Texas~ It is the express intent of the CITY OF DENTON, TEXAS that the doctrine of merger not apply to this easement and right-of-way.. It is the intent of the CITY OF DENTON, TEXAS that the exclusive utility easement be set aside as a separate tract for a specific use and that the two estates of the easement and right-of-way are not merged. Witness my hand, this _ day of , 2006. CITY OF DENTON, TEXAS By: Howard Martin, Interim City Manager Attest: Jennifer Walters, City Secretary By: '-. ,~~, By: Date: STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ This instrument was acknowledged before me by Howard Martin of the City of Denton, Texas on this the day of , 2006, and in the capacity therein stated. Notary Public, State of Texas Page 2 of 2 - DESIGNATION AND DEDICATION OF PuBLIC RIGHT OF WAY - EXHmIT U A" LEGAL DESCRIPTION FOR A 5' EASEMENT TO DENTON MUNICIPAL ELECTRIC BEING a 0.500 acre tract of land located in the James L. Harris Survey. Abstract No. 555. and the WiJliam Roark Survey, Abstract No. 1087, City of Denton, Denton County, Texas, being a portion of a called 8.174 acre tract ofland as described in Street Right.of-Way Donation Deed to the City of Denton, filed for record in Volume 5406, Page 6378. Deed Records, Denton County, Texas, and being a portion ofa called 8~767 acre tract orland as described in Street Right...of-Way Dee~ filed for record in Volume 5]59, Page 5]26, of said Deed Records, said 0.500 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch capped iron rod set stamped "Mycoskie Mcinnis" for the Southwest comer of said called 8.174 acre tract of land, same being the Northwest comer of a remainder tract of land as originally described in the Special Warranty Deed with Vendor's Lien to Joab Partners, L,P.. filed for record in Volume 4203, Page 855, of said Deed Records, and being on the South right-of-way line of Vmtage Boulevard, a 135' wide right-of...way; THENCE North 00 degrees 25 minutes 38 seconds East, departing said South right-of-way line. and along the West line of said called 8.174 acre tract of land, a distance of 5.00 feet, to a point for comer; THENCE in an Easterly direction, over and across said called 8.174 acre tract of land, and ,along a line 5 feet from and parallel with the South right-of-way line of said Vintage Boulevard, the following Q~ \ South 89 degrees 50 minutes 22 seconds East, a distance of 474.12 feet, to a point for comer at the beginning ofa curve to the right having a radius of687~50 feet; Along said curve to the right, and in an Easterly direction, through a central angle of 22 degrees 4S 'minutes 04 seconds, an arc length of 272.99 fee~ and having a long chord which bears South 78 degrees 27 minutes 51 seconds East, a distance of271.20 feet, to a point for comer; South 67 degrees OS minutes 19 seconds East, a distance of 100.45 feet, to a point for comer at the beginning ofa non-tangent curve to the left having a radius of812.50 feet; Along said curve to the left, and in an Easterly direction, through a central angle of 22 degrees 41 minutes 19 seconds, an arc length of321.74 feet. and having a long chord which bears South 78 degrees 25 minutes 19 seconds East, a distance 0019.64 feet, to a point for comer; South 89 degrees 46 minutes 38 seconds East, a distance of681.14 feet, to a point for comer . at the beginning of a curve to the right having a radius, of 687.50 feet; Along said curve to the right, and in a Southeasterly direction, through a central angle of 57 degrees 03 minutes 46 seconds, an arc length of 684.70 fee4 and having a long chord which bears South 61 degrees 14 minutes 45 seconds East, a distance of656.76 feet, to a point for comer at the beginning of a compound curve to the right having a radius of 658.36 feet; Along said compound curve to the right, and in a Southerly direction, through a cmtral angle of 17 degrees 28 minutes 40 seconds, an an: length of 200.83 feet, and having a long chord which bears South ]9 degrees 54 minutes 07 seconds East, a distance of 200.05 feet, to a point for comer; South 11 degrees 10 minutes 52 seconds East, a distance of 1107.08 feet, to a point for comer at the beginning oia curve to the left having a radius of991~64 feet; Along said curve to the left, and in a Southerly direction, through a central angle of 03 degrees 24 minutes 24 seconds, an arc length of 58.96 feet, and having a long chord which bears South 12 degrees 5] minutes 04 seconds East,.a distance of 58.95 feet, to a point for comer at the beginning ofa compound curve to the left having 8 radius of 1295.00 feet; - THENCE South 44 degrees 23 minutes 44 seconds West, along said common line, a distance of 5.00 feet, to a 112 inch capped iron rod found stamped "ASC" for the Southernmost comer of said called 8.767 acre tract ofland, same being on the Southwesterly right-of-way line of said Vmtage Boulevard, a variable width right-of-way at this point, also being at the beginning of a non-tangent curve to the right having a radius of 1300.00 feet; TIlENCE along said Southwesterly right-of-way line the following calls: Along said curve to the right, in a Northwesterly direction, through a central angle of 20 degrees 01 minutes 20 seconds, an arc length of 454.29 feet, and having a long chord which bears North 33 degrees 29 minutes 53 seconds West, a distance of 451.98 feet, to a 112 inch capped iron rod found stamped "ASe" at the beginning of a compound curve to the right having a radius of 996.64 feet; Along said compound curve to the right, in a Northerly direction, through a central angle of 03 degrees 25 minutes 4S seconds, an arc length of 59.65 feet, and having a long chord which bears North 12 degrees 53 minutes 44 seconds West, a distance of 59.64 feet, to a 112 inch capped iron rod found stamped uASCn; North 11 degrees 10 minutes 52 seconds West, a distance of 1107.08 feet, to a 112 inch capped iron rod found stamped "ASe" at the beginning of a non-tangent curve to the left having a radius of 653.36 feet; Along said non-tangent curve to the left, in a Northerly direction, through a central angle of 17 degrees 27 minutes 44 seconds, an arc length of 199.13 feet, and having a long chord which bears North 19 degrees 53 minutes 39 seconds West, a distance of 198.36 feet, to a 112 inch capped iron rod found stamped "ASe" at the beginning of a compound curve to the (eft having a radius of 682.S0 feet; Along said compound curve to the left, in a Northwesterly direction, through a central angle of 57 degrees 02 minutes 52 seconds, an arc length of 679.55 feet, and having a long chord which bears North 61 degrees 15 minutes 12 seconds West, a distance of 651.82 feet, to a 5/8 inch capped iron rod set stamped "Mycoskie MCinnis"; North 89 degrees 46 minutes 38 seconds West, a distance of681.14 feet, to a 5/8 inch capped iron rod set stamped "Mycoskie McInnis" at the beginning of a non-tangent curve to the right having a radius of81750 feet; Along said non-tangent curve to the right, in a Westerly direction, through a central angle of 22 degrees 41 minutes 18 seconds, an arc length of 323.72 feet, and having a long chord which bears North 78 degrees 25 minutes 19 seconds West, a distance of 321.61 feet, to a 5/8 inch capped iron rod set stamped UMycoskie McInnis"; North 67 degrees 05 minules 19 seconds West, a distance of 100.45 feet, to a 5/8 inch capped iron rod set stamped "Mycoskie McInnis" at the beginning of a curve to the left having a radius of 682.50 feet; Along said curve to the left, in a Westerly direction, through a central angle of22 degrees 45 minutes 04 seconds, an arc length of271.01 feet, and having a long chord which bears North 78 degrees 27 minutes 51 seconds West, a distance of269.23 feet, to a 5/8 inch capped iron rod set stamped '~ycoskie McInnis"; North 89 degrees 50 minutes 22 seconds West, a distance of 474.14 feet, to the POINT OF BEGINNING and containing 00500 acres (21,760 square feet) ofland. See attached Exhibits "8,B 1 J32;B3u dated September 12, 2006 . c=! - .. - IA.A~ -= ~ Miller Date: September 12,2006 Registered Professional ' Land Surveyor No. 5438 State of Texas 2of6 EXHIBIT II Bt, 5' EASEMENT TO DENTON MUNICIPAL ELECTRIC LoeA TrD iN TH~ JAM~S L. HARRIS SURVE~ ABS1RA CT NO. 555 AND THE K1LUAM ROARK SURVEY~ ABSTRACT NO. 1087 crrr' OF DENTON~ DENTON COUN~ TEXAs.. CITY OF D~NTON , eel 2005-60562 P. O. B. _ D.R. D. C. 7: ....:~ C.I.R.$. t JAMES L. HARRIS SURl/f:Y ,..., ABS7;.1!J2:... .5~~ .. . .. .1tm.iAM ROARK SURVEY';" Aesr: NO. 1087 ltEST BOUNDARY LINE JOA8 PARTNERS~ LoP. SOUTH R.O.1f. LINE VINTAGE BL VD REMAINDER JOAB PARTNeRS, L..P.. VOL. 420J~ PG. 855 D.R.D.C. T. N u -+::0- I ~ }.!!1~-IOGANY ~T._ ~I ~ ~ tj ~ ~~ ~I l-3 7RACT'TWO CALLED 7 J. 677 AC. -D..R. HORTON- Tf"XAS. L TO" -f.e.INo. 2005-144272 D1R.O. c. 7: ~ FUTURE AI. DOYt'S A T HICKORY CREEK t P ASE 2 tTl _ f REMAINDER JOAB PARTNERS, LP. VOL 4203~ pc. 855 D. R.D. C. T. 5' EASEMENT DENTON MUNICIPAL ELECTRIC 0.500 ACRES (21,760 SQUARE FEET) N m en ;.'" ..... ....... rt ~ ~ ~ ~ }W <'l C\l ~ ..C\t o 0 \0 ~, 0) 0) ~ e1 tn@ g.-.. !3 ~ ~~ ~~~ ~ r-q: ~ th~ r~, L..J it ~ 0. ~ ~Q- 0 ~~ cQ~~a: ~~ ~E~d ~ - -'0 . ~ti=! ~ ~ 1 I BONNIE BRAE ST. _ ..._..t~~::~::~~_... JOAB PARTNrR5. LP~ /" ......... / ( I \ \ ...... ..........--/ REMAINDER JOAB PARTNERS, LP~ VOL. 4203, PC. 855 D.R.D. C. T. tv l..J ~ / I I N / / I co f '---------- lO : SII4..rBARK DR__ m j/ ~I br~1 U :::s ' m:r ON, U1 CAUED 66.330 AC~ D.R~ HORTON- TEXAS, L 70. C. . NO. 2005-'44172~ / D.~D. C~ T. / PROPOSeD MEADOWS A T HICKORY CREEK N / IPHASE 1 I VJ N NOTE: SEE SHEET 6 OF 6 (EXHIBIT 83) FOR LINE &' CURVE: DATA. LEGEND~ dt ABBREVlA 710NS~ mlml8 I VI ~ o....J mycoskie+mcinnis+associates civil enginnring aurveying IandlClpe architecture ptanring 200 'all abrom 0,lln910n. texas 76010 817-489-1671 fax: 617-274-875-7 ..W. m m at.IOI. com MATCHUNE - SEE SHEET 4 OF 6 (EXHIBIT 87) DATE: 09/12/06 Sc.aJ..E:,- - 100~ DPAWN Erf~ ~ CHECKED ~. Ai.'~.4f. JOB. NO.: 2148-1-1 SHm: I I , N oJ Cf 6 --...J OJ ~ c.o N 0 ~ N N N VJ ,J N -P>- , ! EXHIBIT "B11t 6' EASEMENT TO DENTON MUNICIPAL ELECTRIC LOCA TrD IN mr JAMts L HARRfS SURl'f'f. ABSTRACT NO~ 555 AND THr WILLIAM ROARK SURVf-r. ABSTRACT NO. f087 CITY OF Dn/TON, DENTON COUNTY, 1[XAS. AlA TCHUNc . - SEE SHEET 3 OF 6 (EXHIBIT 8) i I co o N ~~~ GE e':: ~ Ll1:1~~ VJ ..p. {}l 8Jm 1"0 U1 I 5' EASEMENT TO DENTON IJUN1CJPAL ELECTRIC m '0..500 ACRES (21,760 SQUARE FEET : O""ON J leT rno ~ CALLED 16.677 A C. 1 ~R. HORTON-lrXAS, Lm:-- c."c." .NO. 2005-144272 tv I I D.RrD. c~ 7: LJ I ~o . FUroRe MEADOWS AT HICKORY CREf!f . ~ PTSE 2 I I J '-J Vi f'..) ! ;,. ...... .....: .....: eo, co <0 <0 ~~ }tJ eo co !"1~Q ~ ~;::.: ......j /;3 ~ ~ ~~ ~~rJ <n 0:"CC <:: ti.J..: r:Q~ rt~~<-! rh Q - C) '-'!: 0;) l:s (0- ~ J ~~ ~~~d T I "" / / I / 1 II j/( X /~~ / ,/~ ~ ~ MA TCHUNE - SEe SHeET 5 OF 6 (EXHIBIT 82) OATE: 09/12/06 SCAlE; ,. - 100~ DRAYtN BY: ~ CtlCKED BY~ Jl8. NO.: VJ ~ ~r ~ a ~ ~ tj b --.. c::- cq, . (J) ~ POR ON OF ACT ONE CALLED 66~3-JO AC~ ~ D.R. HORTON- TE:XAS. L 7D C.c. O. 2005-144272 D.r.O. C. 7: OJ PROPOSED MEADOWS A T HICKORY CREEK PHASE 1 ~ OJ (Jl '-J m to 2 5' 2~. IN @~ N t-..J A{OC[(ERNUT RD. to OJ N -.......l (..J I Q) ~ PORno 0 Jl.CT ON~ ~ CALLeD 66.330 AC~ D~R~ HORTON-TEXAS, ~1D.. tn c. c~ NO. 2005-144272 D.r.D. r- T. FUTURE. ,~ ~m AlEADOKS AT HICKOJrr CREEK I.J fHAfE 2 _____ !..., .'!------ ~ ( NO TE:: srr SHEt:T 6 OF 6 (EXHIBIT B:J) FOR UNE &: CUR~ DA TA. LEGEND 4& ABBREVJA nONS. mlmla mycoskie+mcinnis+associates c1v1l engineering Iurveylng: Iand8cap1 archKscture ptsnning 200 last abram arrIngton, t.xa. 76010 8 1 7 - 4 6 9, - 1 6 7 1 fax: 817-274-8757 .w.. mm Q it x a.~ com 2148-1-1 SlHT: Cf ~ 6 '" ',~ WEST R. O.}f. UNE VINTAGe 8L va REMAINDER TRACT \1.0. BURCH VOL 288. PG. 137 D,R.D.C. J: EXHIBIT tlB21J 5' EASEMENT TO DENTON MUNICIPAL ELECTRIC LOCA 1E:D IN THe JAMrS L. HARRIS SURVE"'r; ABSTRACT NO. 555 AND THE W1LUAM ROARK SURVEY; ABSTRACT NO. 1087 CI TY OF DENTON. DrNTON COUN~ 7EXAS. \- PORT1ON OF TRACT ONE CALLED 66.330 AC. D.R. HORTON- TEXAS, L TO. e.c. NO. 2005-144272 D.R.D.C. T. FUTURE Mf'ADO~ A T HICKORY CRmc PHASE 2 \ \ 5' EASEMENT TO DENTON MUNICIPAL ElECTRIC O. SOD ACRES (21,760 SQUARE FEET) \ \ \ REMAINDER TRACT \l:D. BURCH" VOL. 288, PG. 137 D.R.D~C. T~ \ \ \ NOTE: SEE SHEET 6 OF 6 (EXHIBIT BJ) FOR LJNE 4& CURVE DA TA, LEGEND & ABBREVlA 71ONS. mlmla mycoskie+mcinnis+associates dvll engineering lurveylng landscape uchltectu~ planning " ,/ '.. ~~ \ 15 ~~ 00 .~~ <:) \ '0 -'0 ~ .C'~ ~ \ \ '~ ~q. \ \ ~ ~ ($J ,. ~ ~ ttt ~ I ~ ;. ~ '. ~ \ \ \ \ \ o<s < >-~Z ~Q~>,~ U\~o~> ~\J\OQ) ~ ~ ?J ~~:...." ~ tlj, C ctnC n ~ tT\ -..J :t .~. ~~AJ~ ~~':tl.O~~ N rr'l. 0\ tIJ ~ . \ \ \ \ 200 ealt obram orlln'Gton. texas 76010 117-469-1171 fax: 817-274-8757 www.mmQtexal.com MA TCHUNE - SEE SHEET 6 OF 6 (EXHIBIT 83) DATE: 09/12/06 SCIJ.E: ,. - 100' DRAWN BY: S.C.L CHECKED BY: U.W-AI. JJB. NO.: 21-18-1-1 SHEET: 5 Cf 6 EXHIBIT "B3t1 5' EASEMENT TO DENTON MUNICIPAL ELECTRIC LOCA TFD IN THE JAMfS L. HARRIS SURvt't. ABSTRACT NO. S5S AND THE WlWAM ROARK SURVE''f. A8STRACT NO. 1087 CI TV OF DENTON. DeN TON COUNTY, TEXAS. MA TCHLINE - SEE SHEET 5 OF 6 EXHIBIT 82 \ , l'rt'ST R. O. w: LINE VJNTAGE BL va REMAINDER 'TRACT 'lD. BURCH VOL. 288, po. 1J7 D.R.D.C.7: C1 R .:II' 687~50f D - 22-45'04.' L - 272.99. CHm S78~ 7.51-E 277.20 · CURVE DA TA " C7 R = 1300.00' D = 20TJ1 '20- L = 454.29' CH:::a N3:J"29.SJ"W - 451.98' t C2 R = 812.50' D .. 22.41'19- L - ;]21.74. CH- S78e.25'f 9"E 319.64' C.J R - 687.50' D - 57TJ,J'46. L - 684. 70' CH- S61'4'4S-E 656. 76~ C4 R = 658.36' D a 17728'40- L - 200.8.J~ CH= S19~4'07.E 200.05' C5 R = 991.64' D :a (),J'24!24. L - 58.96' CH- S12.SJ'D4"E 58.95' ~ , ". C6 R - 1295.00' D .. 19-59~49" L - 45t97' CH- 5.].3.30'09-e 449. 68~ C12 R - 682.50' .. LIN~ TABLE · o ~ 22.45'04" L1 5.00' N00"25'J8-E L - 271.01' L2 fOO.45~ S67tJS.,9"E CH- N78*27'51.W L3 5.00~ S442,J'44"W 269.23' L4 700.45' NB71)S'19.W SUR VEYOR'S ern TlF1eA nON CB R - 996.64' D - OJ~S'45. L - 59.65' CH- N12.S3'44"W 59.64. C9 R cr 653..36' D - 17"27'<<" L - 199..13' CH- N19-S3'39.W 198.36' CtO R - 682.50' o - 57U2'52- L - 679~S5. CH- N6f1S'12.W 657. B2~ eft R - 817.50. D - 22-41'19- L = 323.72' eN- N 78"25'19"W 321. 61 ' REMAINDER TRACT ~D. BURCH . VOL. 288. PG~ IJ7 D.R.D. C. T. ~~ , ~~ ~o.~~ . U\:l ~ C) 9~~~~~ '..0 o~~ . ~q~y..I 0~ ~?) ~ . ~~.~~ 0' :...J. \ \ \ \ , ~ 5' cASEMENT TO DENTON MUNICIPAL ELECTRIC O~500 ACRES (21,760 SQUARE FEET) , " / /~ / 3-0 / ~~ , ~v~. 1/2- C.I.R.F. ~ 'tt..tJ. ~9' STAMPED "'ASC. V ~'& ty ~ // #~ / LEGEND &- ABBREVLA TlONS VOL. VOLUME pc. PAGE P~O.B. PO/NT OF BEGINNING P. o. Co POINT OF COMMENCING c. M. ::t CON TROLLING MONUMENT eel COUNTY CLERK FILE NO. C.J.R~S. CAPPED IRON ROD SET STAMPED -MYCOSKIE MCINNIS. DffD RECORDS D~NTON COUN~ TEXAS f. M"rlB w~ Mifler, RfIg/stered Professional Land Surveyor, h ereb y state that this ~)(hiblt was mad from on actual on the ground s 'Y y m er my dire t supervision. mlmla mycoskie+mcinnis+associates dvll .nglneering IUrveying tandacape architecture planning THE BASIS OF BEARINGS FOR n-/IS EXH/BJ T IS THE NORTH LINE OF A CALLED 66.-330 ACRE TRACT OF LAND DESCRIBED IN THE G~NERAL WARRANTY DEED TO D.R. HORTON- Tf:XAS, LID., A TEXAS UMJTED PARTNERSHIP, FILED FOR RECORD IN COUNTY CLERK FJLE NO.. 2005-144272, DEED RECORDS, DENTON COUNTY. TEXAS. f 200 .ast abram arlinQltont tela. 76010 817-469-1671 fax: 817-274-8757 . .... m m a t.xa I. e om 2). SEE EASEMENT DESCRIPnON EXHfBJ T · A-, DA TED SEP ~M8ER 12, 2006. DATE: og/!2/I)fJ SOJ..E: ,- - '00. CRAwt4 BY~ ~ ~(CKED BY. AI. H!.4l JOB. NO.: 2148-1-' SHEET: 6 6 OF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 DRAFT MINUTES PUBLIC UTILITIES BOARD October 9, 2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Presiding Officer of the Public Utilities Board convened into an Open Meeting on Monday, October 9,2006 at 9:00 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, Phil Gallivan, Bob Bland and Randy Robinson Absent: John Baines, excused Howard Martin, Ex Officio Member, excused OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 1) Consider recommending approval for granting a set-aside of City of Denton street right-of- way to create a five-foot electric easement along Vintage Parkway between U.S. 377 and Bonnie Brae. 2) Consider recommending adoption of a Resolution authorizing the City Manager or his designee to approve an Encroachment Agreement, to allow detached arbor and other improvements to be located in a Public Utility Easement located on said tract being described as a 0.0039 acres of land situated in the John McGowan Survey Abstract No. 797, in the city of Denton, Denton County , Texas, being part of a Lot 66, Block 1 of Southridge Estates Addition, Phase 1, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet K, Slide 398, Plat Records, Denton County, Texas, and providing an effective date. Board Member Phil Gallivan moved to approve Items 1 and 2 with a second from Board Member Dick Smith. The motion was approved by a 6-0 vote. Exhibit 4 AGENDA INFORMATION SHEET AGENDA DATE: November 7,2006 DEP ARTMENT: Utilities Howard Martin, 349-8232 .. ACM: SUBJECT Consider adoption of an ordinance of the City of Denton approving a License Agreement between Ernestine E. Riley and the City of Denton relating to the encroachment of a detached arbor and other improvements across an existing 16' drainage and public utility easement located in the John MC Gowan Survey, Abstract No. 797 and being described in the Recorder's No. 20050R006-4327 of the deed records of Denton County. The Public Utilities Board recommends approval (6-0). BACKGROUND Ernestine E. Riley and Ronald C. Riley, the owners of said tract, live at 2107 Shenandoah Trail, in Denton, TX, and have requested permission to use an area within the boundaries of an existing 16' City of Denton Drainage and Public Utility Easement to allow a detached arbor and other improvements. Currently, this easement has a 10" sewer line running down the center. There should be enough room in this easement to perform needed maintenance should problems arise with this line. However, to prevent claim against the Water/Wastewater department in the event this structure is damaged or has to be moved, this agreement is being executed. In May of 2006, the owners entered into a contract with a local swimming pool construction company to remodel the existing pool on the premises. The encroaching facility was designed and sub-contracted out for construction with neither the construction company, nor the sub-contractor ever having applied for a building permit. The encroaching facilities were constructed within the current easement without the City of Denton's knowledge, and it is the wish of the property owners to enter into an Encroachment Agreement with the City to allow the facilities to remain, and for the owners to maintain the liability should the City of Denton need to exercise their rights within the easement. The owners were required to make an application through the Development Review Committee for an encroachment agreement. OPTIONS 1. Approve the Encroachment Agreement 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the approval of the Encroachment Agreement ESTIMATED PROJECT SCHEDULE Fall 2006 PRIOR ACTION/REVIEW DRC Approval: September 29, 2006 This item was presented to the Public Utilities Board at their October 9, 2006regular meeting. The Public Utilities Board recommends approval 6-0. FISCAL INFORMATION N/A BID INFORMATION Not applicable Exhibits 1. Ordinance 2. Location Map 3. Site Map 4. Encroachment Agreement 5. Minutes Respectfully submitted, ~,,~. Jim D. Coulter Director of Water/Wastewater Water Administration Prepared by: ~ f. B(A(%,~N6 Doreen Blackstone Right of Way Agent Real Estate & Capital Support S :\Qur Documents\Ordinances\06\Riley Encroachment Ordinance. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN ERNESTINE E. RILEY AND THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF A DETACHED ARBOR AND OTHER IMPROVEMENTS ACROSS AN EXISTING 16' DRAINAGE AND PUBLIC UTILITY EASEMENT LOCATED IN THE JOHN Me GOWAN SURVEY, ABSTRACT NO. 797 AND BEING DESCRIBED IN RECORDER'S NO. 20050R0064327 OF THE DEED RECORDS OF DENTON COUNTY THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute an Encroachment Agreement between Ernestine E. Riley and the City of Denton in substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes, for the purpose of locating a detached arbor within the 16' drainage and public utility easement as described therein. SECTION 2. The City Manager is authorized to make the expenditures as set forth in the attached 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 LEGAL FORM: EDWIN M. S ER, CITY ATTORNEY BY: Exhibit 1 NOTICE OF CONFIDENTIALITY RIGHTS:, IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROMTBIS INSTRUMENT' BEFORE IT IS FILED .FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR ~OUR DRIVER'S LICENSE NUMBER. ENCROACHMENT AGREEMENT WHEREAS, Ernestine E. Riley, Single, and RonaldC. Riley, 'Single, of Denton County Texas, (hereinafter referred to as I'LICENSEE"), has requested permission to use 'an area within the boundaries of an ',existing CITY of Denton (the I'CITY") Public Utility and Drainage Easement (IICITY EASEMENT") as defined below ,located in Denton County, Texas for the installation of a detached arbor and related appurtenances (theJlENCROACHING FACILITyi');and WHER'EAS, the ENCROACHING FACILITY will be located within that portion of the CITY EASEMENT and more particul'ar'ly described andiUustrated as an 0.0039 acre parc'el in Exhibit II A" attached hereto and made a part hereof by reference (the I'ENCROACHMENTAREA"); and WHEREAS, LICENSEE has enter~dinto this agree'ment to set forth certain responsibilities that it has under this Agr:eement; and ' WHEREAS, The CITY of Denton, ~exas ("CITY") hereby grants permissiona~d lic-ensa to LICENSEE to the locate, maintain and repair the ENCROACHING FACILITY within the ENCROACHMENT AREA, subJect to the following terms and conditions: 1 . It is understood and agreed that the CITY only holds EASEMENT interests for the CITY EASEMENT portion of the ENCROACHMENT AREA. Therefore, LICENSEE is responsible to obtain whatever rights and permission,other than the CITY's that are necessary from any others having an interest in the ENCROACHMENT AREA. This agreement shall extend to and be binding upon LICENSEE and its heirs, successors, and assigns, and is not to be interpreted asa waiver of any rights held by the CITY under CITY's EASEMENT. f 2. The ENCROACHING FACILITY shall be constructed in such a manner, as not to interfere with the CITY facilities and shaH be limited to and constructed in accordance with the City of Denton Development Code requirements. LICENSEE shaH be required to obtain a building permit from the City of Denton prior to installation and placement of the detached arbor. When referring to the E'NCROACHING FACILITY within this agreement such term shall mean the ENCROACHING FACILITY constructed in accordance with the PLANS AND SPECIFICATIONS and Authorized Modifications, if any. The CITY reserves the right to Iil1jlit excavation within the ENCROACHMENT AREA andlor to require specific construction methods (including trenchshoringordry Exhibit 4 bore and . casinginstaHation techniques)/ for any proposed utility . work that may be permitted by this agreement.: These limitations or construction methods shall be included in. the construction PLANS ANI;) SPECIFICA TI.ONSforanywork performed within the ENCROACHMENT AREA. In a"dditi,on, the LICENSEE shall provide adequate inspection and coordination with the CITY to insure the contractor adheres to these items during construction. 3. The ENCROACHING FACIUTYis ~ubordinate to the CITY's facilities and rights underthe CITY EASEMENT, including without limitation, utilities and rel~dedfacilities located now or in the future within the ENCROACHMENT AREA. In the event the CITY repairs, expands, or adds to its facilities within the ENCROACHMENT AREA, and in the CITY's sole opinion it is necessary that th"e Encroaching Facilities be modified, removed or relocated, in whole or in part, to accommodate such repairs, expansion or addition, LICENSEE shall, at its sole cost, modify, remove or relocate the ENCROACHING FACiliTY, as directed by the CITY, no later than 30 days after CITY gives LICE'NSEE writtenn'otice, unless an emergency repair ,is necessary wherein the,CITY has the right toremovethe ENCROACHINGFACILITy'{immediatelyatthe LICENSEE's sole cost and expense withou.tanyliability to CITY for such action. 4. LICENSEE shall defend, indemnify' and hold harmless the CITY ,its employees and agents from and against any and alli.claims, expenses, (including attorney fees), damages, losses and judgments arisi\ng out of or incident to the presence, construction, operation and maintenanqe of the ENCROACHING FACILITY. Before performing any work within the ENCROACHMENT AREA, LICENSEE and its agents or contractors shall provide to the CITY such certificate or certificates of insurance complying with the CITY' s insurance requirements prior to construction. or placement of the ENCROACHING FACILITY. 5. LICENSEE and it's successors and assigns to, shall purchase and maintain General Liability Insurance naming the CITY as an "additional insured" for damages arising from the construction and maintenance of the Sign with a limit of not less than $25'0,000.00 for each person and$500,,~OOO.OO for each single occurrence for bodily · injury or death and $1 00,000.00 for eac~ single occurrence for injury to ordestruction of property. f 6. LICENSEE will limit the cuts neeq;ed in the ENCROACHMENT AREA crossing zones required for construction of t,he ENCROACHING FACILITY to prevent construction equipment from damaging e~isting CITY facilities or publicutilities located within the ENCROACHMENT AREA and;adjacent areas. 7. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on or .in the ENCROACHMENT AREA. 8. The CITY will not be responsible for any costs of construction, operation and maintenance of LICENSEE'S ENCROACHING FACILITY. It is further agreed that the S:\Our Documents\Contracts\06\Riley Encroachment Agreement.DOC AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for civil, structural, and electrical design services and engineering services for electric substation projects and related services for Denton Municipal Electric with the firm of CLC Engineers, Inc., a corporation, in an amount not to exceed $125,000; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (6-0). BACKGROUND Denton Municipal Electric (DME) requires the support of consulting engineers to produce the structural and electrical designs for electric substation, transmission lines, and other projects that are approved in the CIP. There is not sufficient work to justify having civil/structural engineers on staff that have the expertise to perform structural designs for substations and transmission s lines. The term “engineer” in the previous sentence is correct because transmission line and substation designs are produced by different individuals who have specialized training in one area or the other. Consequently, DME has had a professional services contract with SGS Witter for project design and consulting services of this type since 2000. Personnel from SGS Witter have completed the structural designs, steel details, and electrical layout drawings for all the substations DME has purchased since 2000 and have prepared all transmission line designs. SGS Witter was purchased by TRC (a larger engineering and services group) who reorganized the company and placed portions of it into at least two operating divisions. This had the effect of separating the Lubbock, Texas and Alexandria, Louisiana offices and severing their direct relationship. The Lubbock office has primarily done transmission and distribution line designs and system protection designs for DME. The Alexandria office has worked exclusively only substation and site designs. Over time, all of the individuals in the Louisiana division that have participated in DME substation design efforts have left SGS Witter. Most of the individuals who worked with DME have formed a new engineering firm called CLC Engineers, Inc. located in Alexandria, LA. The individuals that now make up CLC were part of the SGS Witter design group that performed very well for DME in the past. The working relationship that evolved with those individuals has been very positive from the standpoints of communication and productivity. Since CLC personnel have done all of DME’s recent substation projects, they have a library of design features and equipment drawings as a background. This design and equipment background and library will allow future project designs to be completed more quickly and at less cost than they would with a different engineering group. CLC personnel have a very good idea of what DME expects in the way of design and have worked efficiently toward DME’s objectives in the past. Their ability to perform detailed steel fabrication design has allowed purchase directly from steel fabricators, thereby lowering steel costs and eliminating the need to rely on substation packagers. Substation packagers are suppliers that specialize in providing complete substation material packages that include the steel structural and fabrication designs, substation steel, buswork and conductor, connections, switches, arresters and other hardware. The designs and performance of substation packagers vary greatly in quality, price, and methodologies. This makes comparison of competitive bids on an equal basis problematic at best. As an example of this, steel weights have differed by as much as 100% in bids from different packagers for the same station layouts and elevations. That means that they are not proposing to supply the same material. It was the CLC group of individuals, then working for SGS Witter, which first proposed that they prepare complete designs, including the steel fabrication drawings, so that DME could request bids for steel directly from fabricators. Since DME began using this approach, consistency of bids has been much better because the suppliers must bid on completely defined substation steel packages. CLC contacts with steel fabricators have also resulted in positive relationships for DME with several fabricators that have met special needs at reasonable prices and delivery times that would not have been possible otherwise. DME proposes to leave the existing SGS Witter professional services contract in place for transmission line design and establish a new contract with CLC Engineers for substation design purposes. This will allow a group that has performed at a high level to continue to provide substation designs. While DME would not rule out using SGS Witter for substation design in the future, to change at this point would mean that we would have to develop new relationships and work through training a new group on the types of designs and features DME has found useful. The efficiency of having a group already familiar with the types of designs and that has a library to draw from would be lost. The existing contract with SGS Witter is for a total of $700,000 and has been in place since 2000. The amount expended as of the most recent invoice is $463,935.95. They have participated in design on 22 different projects (substation, transmission, and distribution). DME proposes to leave this contract in place because four transmission line design projects are in progress at this time and because of the continuing design efforts budgeted, principally replacement of 69kV transmission lines. Two primary projects are planned for CLC Engineers to begin work on immediately. These are the RD Wells Interchange and Substation and the Fort Worth Substation. There are additional projects in the CIP that will require design within two to three years, and there are development plans for areas in Denton that, if continued as now presented by developers, will require additional substation construction. DME proposes to have both professional services contracts in place to provide the design resources to respond to continued growth. OPTIONS 1. Recommend approval 2. Not recommend approval RECOMMENDATION DME recommends approval of the proposed contract with CLC Engineers, Inc. ESTIMATED SCHEDULE Project designs will commence immediately upon approval by the City Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board at their October 9, 2006 regular meeting. The Public Utilities Board recommends approval 6-0. FISCAL INFORMATION The charges for work under this contract will not exceed $125,000 and will be funded out of amounts budgeted for specific projects. BID INFORMATION The State of Texas does not allow bidding for professional services. EXHIBITS 1. Ordinance 2. PSA 3. Minutes Respectfully submitted, Sharon Mays Director of Electric Utilities Electric Administration Prepared by: Chuck Sears Engineering Administrator Denton Municipal Electric ORDINANCE NO. 2006-__________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR CIVIL, STRUCTURAL, AND ELECTRICAL DESIGN SERVICES AND ENGINEERING SERVICES FOR ELECTRIC SUBSTATION PROJECTS AND RELATED SERVICES FOR DENTON MUNICIPAL ELECTRIC WITH THE FIRM OF CLC ENGINEERS, INC., A CORPORATION, IN AN AMOUNT NOT TO EXCEED $125,000; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary and appropriate and in the public interest to engage the engineering firm of CLC Engineers, Inc., a Corporation (“CLC”), of Alexandria, Louisiana, to provide and perform professional services pertaining to civil, structural and electrical design services and engineering services for electric substation projects and related services for Denton Municipal Electric; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the hereinabove described professional services by Denton Municipal Electric, and that limited City staff cannot adequately perform the specialized services and tasks, which involves highly-specialized electrical engineering training, with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the “Professional Services Procurement Act,” generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby finds and concludes that CLC is appropriately qualified under these provisions of the law, to be engaged for their professional services to be rendered to the City, specifically Denton Municipal Electric; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional services, as set forth in the above referenced Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations in the preamble are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2: The City Manager is hereby authorized to execute a Professional Services Agreement with the engineering firm of CLC Engineers, Inc., a Corporation, of Alexandria, Louisiana for professional services pertaining to the matters hereinabove described, in an amount not to exceed $125,000, in substantially the form of the Professional Services Agreement that is attached hereto and incorporated herewith by reference. 1 SECTION 3: The award of this Agreement is on the basis of the demonstrated competence and qualifications of the firm of CLC and the ability of CLC, to perform the professional engineering services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided for in the attached Professional Service Agreement is hereby authorized. 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: __________________________________ S:\Our Documents\Ordinances\06\CLC Engineers-PSA-DME-Substations-2006.doc 2 Û¨¸·¾·¬ î B. requested by Chuck Sears, Engineering Administrator, DME. A “Proposal to the City of Denton, Texas” issued by CONSULTANT to OWNER is dated October 2, 2006 and is attached hereto as Exhibit “A” and is incorporated herewith by reference. A “Statement of Qualifications of CONSULTANT” is attached hereto as Exhibit “B” and is incorporated herewith by reference. ARTICLE III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above-described Scope of Services, set forth as provided by Article II. herein, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional service by the CONSULTANT. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon its execution by the OWNER and the CONSULTANT, and services shall be provided hereunder upon the issuance of a notice to proceed by the OWNER. This Agreement shall remain in force for the period of time that may reasonably be required for the completion of the Project activities, including Additional Services, if any, and any required extensions approved by the OWNER; or until the not-to-exceed amount of $125,000 in fees and expenses, pursuant to this Agreement, have been expended; whichever event shall first occur. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in the performance and completion of this Agreement. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its Director of Electric Utilities or her designee. ARTICLE V COMPENSATION A. COMPENSATION TERMS: “Direct Non-Labor Expense” is defined as that expense (other than “per diem” expense), based upon actual cost plus 10%, for any out-of-pocket expense reasonably incurred by the CONSULTANT related to its performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of- pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Projects, and similar incidental expenses incurred in connection with the Projects. Page 2 of 11 B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article II above; as follows: 1. CONSULTANT shall perform its work on this Project on an hourly fee basis, plus reimbursement for all reasonably incurred out-of-pocket expenses, billed monthly. CONSULTANT shall bill from time sheets, in minimum one-quarter (1/4) hour increments of time, at the rates set forth in CONSULTANT’S “Proposal to City of Denton,” dated October 2, 2006 from CONSULTANT to OWNER respecting the scope of services and the compensation and expense price structure, including the hourly rates for services provided in that proposal of CONSULTANT to the OWNER. OWNER and CONSULTANT agree that CONSULTANT may adjust its fee for professional services performed in accordance with its standard published rates, no sooner than January 1, 2007, and annually thereafter. OWNER shall pay to CONSULTANT for its professional services performed, and for its out-of pocket expenses incurred in the Project, a total amount not to exceed $125,000. 2. Partial payments to the CONSULTANT will be made monthly based on the percent of actual completion of the Basic Services, rendered to and approved by the OWNER through its Director of Electric Utilities or her designee. However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five (5%) percent of the above not-to- exceed amount until satisfactory completion of the Project by CONSULTANT. 3. Nothing contained in this Article shall require the OWNER to pay for any work that is not submitted in compliance with the terms of this Agreement. OWNER shall not be required to make any payments to CONSULTANT at any time when CONSULTANT is in default under this Agreement. 4. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated hereinabove, without first having obtained the prior written authorization from the OWNER. CONSULTANT shall not proceed to perform any services to be later provided for under Article III. “Additional Services” without first obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III. hereinabove, CONSULTANT shall be paid based on a to-be-agreed-upon Schedule of Charges. Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V.B. hereinabove. Statements for Basic Services and any Additional Services shall be submitted to OWNER no more frequently than once monthly. Page 3 of 11 D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within thirty (30) days after OWNER’s receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the thirtieth (30th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges. Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT’s work is not submitted in accordance with the terms of this Agreement, in accordance with Article V. B. of this Agreement, and OWNER has notified CONSULTANT of that fact in writing. ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of CONSULTANT. ARTICLE VII OWNERSHIP OF DOCUMENTS All original documents prepared or furnished by the CONSULTANT pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to the projects and the OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses this Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this Agreement, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, Page 4 of 11 demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A. M. Best Rate Carriers of at least an “A-” or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employer’s Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance and/or Errors & Omissions Insurance with limits of not less than $1,000,000 annual aggregate. E. CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverage prior to the effective date of this Agreement. The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furnishing at least the same policy limits and coverage, to OWNER. Page 5 of 11 ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty (30) days advance written notice to the other party. B. This Agreement may alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If this Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V. of this Agreement. Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant. If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, or agents, for the accuracy and competency of their work performed pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the work prepared by the CONSULTANT, its principals, officers, employees, and agents. ARTICLE XIV Page 6 of 11 NOTICES All notices required or permitted under this Agreement shall be personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein. To CONSULTANT: To OWNER: CLC Engineers, Inc. City of Denton, Texas 3820A Bayou Rapides City Manager Alexandria, Louisiana 71303 215 East McKinney Street Phone: (318) 767-1070 Denton, Texas 76201 Fax: (318) 767-1072 Fax: (940) 349-8596 Attn: David Pfeiffer, P.E. and Chuck Sears Engineering Administrator Denton Municipal Electric 901-A Texas Street Denton, Texas 76209 Phone: (940) 349-7111 Fax: (940) 349-7334 All notices provided under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first occur. The above addresses for notice may be changed by a letter addressed to the other party advising the name, address, phone number and fax number of the new person to receive notices regarding this Agreement. ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of eleven (11) pages and two (2) Exhibits constitutes the complete and final expression of this Agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement. ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall Page 7 of 11 reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision. ARTICLE XVII COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended. ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER. CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may arise during the term of this Agreement. B. OWNER requires that CONSULTANT carefully safeguard all documents, data, and information provided by OWNER to CONSULTANT incident to this engagement. CONSULTANT recognizes that such documents; data; and information; involve sensitive, competitive issues; in some cases, confidential information; and in some cases proprietary information; and the disclosure of such information by CONSULTANT to any third party, without the express written consent of OWNER, is expressly prohibited by OWNER, and would likely cause economic loss and detriment to OWNER. Any such unauthorized disclosure of information by CONSULTANT shall constitute an act of default respecting this Agreement. CONSULTANT represents to OWNER that it will safeguard OWNER’s information and will, upon OWNER’S reasonable request, provide OWNER with CONSULTANT’S policies regarding its procedures for identifying conflicts of interest, and its procedures and safeguards which are in place which would apply to CONSULTANT’S treatment and handling of OWNER’S documents, data, and information during this engagement. C. All services required hereunder will be performed by CONSULTANT or under its direct supervision. All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under applicable state and local laws Page 8 of 11 to perform such services. ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of its name as well as of any material change in its corporate structure, its professional personnel, its location, and/or in its operations. ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARTICLE XXII MISCELLANEOUS A. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. C. For purposes of this Agreement, the parties agree that David Pfeiffer. P.E. of CONSULTANT, of the Alexandria, Louisiana office of CONSULTANT (“Pfeiffer”) shall serve as the Project Manager of CONSULTANT respecting this engagement, shall develop the scope of services with OWNER’S designated employees, and shall oversee all engineering activities on the Projects. This Agreement has been entered into with the understanding that Pfeiffer shall serve as the CONSULTANT’s Project Manager and will be a key person serving the OWNER on this Project. Any proposed changes requested by CONSULTANT, respecting Pfeiffer serving as the Project Manager on the Project, shall be subject to the approval of the OWNER, Page 9 of 11 which approval the OWNER shall not unreasonably withhold. Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other services required herein, under its supervision or control. For purposes of this Agreement, the parties agree that Chuck Sears, Engineering Administrator, DME, shall serve as the Project Coordinator of OWNER. All project-related correspondence, drawings, billings, and other documents shall be transmitted by the CONSULTANT to the Project Coordinator. D. CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. E. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement. OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or investigation into such information. F. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly authorized City Manager; and CONSULTANT has executed this Agreement by and through its duly authorized undersigned officer, on this the ______ day of October, 2006. “OWNER” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: ______________________________ Howard Martin, Interim City Manager Page 10 of 11 1DRAFT MINUTES PUBLIC UTILITIES BOARD 2 3October 9, 2006 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Presiding Officer of the Public Utilities Board convened into an Open Meeting on 7Monday, October 9, 2006 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10Chair Newell, Dick Smith, Bill Cheek, Phil Gallivan, Bob Bland and Randy 11Robinson 12 Absent: 13John Baines, excused 14Howard Martin, Ex Officio Member, excused 15 OPEN MEETING 16 : 17 184) Consider recommending approval of a Professional Services Agreement (PSA) with CLC 19Engineers, Inc., 3820A Bayou Rapides, Alexandria, LA, for electrical and structural design 20and consulting services for Denton Municipal Electric in an amount not to exceed $125,000. 21 22Chuck Sears, Engineering Administrator, stated that DME had an agreement with an engineering 23firm, which reorganized due to a sale causing some of the people to leave and form CLC 24Engineers. While the name is new, the people are the same. Staff liked these people, they have 25worked very well with staff and the percentage of costs has stayed well within the reasonable 26amount of the 4% to 10% range of total project costs. 27 Smith moved to approve with a second from Gallivan. The motion was approved by a 6-0 28 vote. 29 Û¨¸·¾·¬ í AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006 DEPARTMENT: Human Resources ACM: Jon Fortune SUBJECT Consider a resolution confirming the appointment of Scott Langford as Interim Police Chief of the City of Denton Police Department; and declaring an effective date. BACKGROUND Police Chief, Charles Wiley, resigned from the City of Denton Police Department on October 27, 2006. Chapter 143.013(a)(1) of the Texas Local Government Code states, “Unless elected, each department head is appointed by the municipality’s chief executive (City Manager) and confirmed by the governing body.” Although a new department head (Police Chief) is not being appointed at this time, we are using this section to guide us in the appointment of an interim Police Chief. Additionally, the attached resolution makes it clear that the appointee is not vacating his or her position but is merely assuming the statutory duties of the department head temporarily until a new department head is confirmed. This language will alleviate any challenges associated with the requirements for filling a vacancy in a non-entry position under Chapter 143. Interim City Manager, Howard Martin, is recommending the appointment of Captain Scott Langford as Interim Police Chief. Captain Langford has worked for the Department since 1982, serving in all areas of the Department. In January 2005, Captain Langford was promoted to captain and named the Operations Bureau Commander, where he holds command responsibility for all uniformed field services, including Police Patrol, Traffic and Parking Enforcement, Animal Services, Environmental Crimes, and the Police Reserve Unit. Captain Langford holds a Bachelors of Science degree from the University of North Texas and is a graduate of the Southwestern Law Enforcement Institute Management College. RECOMMENDATION The Interim City Manager has elected to appoint Scott Langford as the Interim Police Chief. PRIOR ACTION/REVIEW There has been no prior action on this item. 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¬¸» Þ·¼ Ю±°±­¿´ ¿²¼ ®»´¿¬»¼ ¼±½«³»²¬­ ¿²¼ ¬± »¨¬»²¼ ¬¸¿¬ ½±²¬®¿½¬ ¿­ ¼»¬»®³·²»¼ ¬± ¾» ¿¼ª¿²¬¿¹»±«­ ¬± ¬¸» Ý·¬§ ±º Ü»²¬±²ò ÍÛÝÌ×ÑÒ ìò Þ§ ¬¸» ¿½½»°¬¿²½» ¿²¼ ¿°°®±ª¿´ ±º ¬¸» ¿¾±ª» »²«³»®¿¬»¼ ¾·¼­ô ¬¸» Ý·¬§ ݱ«²½·´ ¸»®»¾§ ¿«¬¸±®·¦»­ ¬¸» »¨°»²¼·¬«®» ±º º«²¼­ ¬¸»®»º±® ·² ¬¸» ¿³±«²¬ ¿²¼ ·² ¿½½±®¼¿²½» ©·¬¸ ¬¸» ¿°°®±ª»¼ ¾·¼­ò ÍÛÝÌ×ÑÒ ëò ̸·­ ±®¼·²¿²½» ­¸¿´´ ¾»½±³» »ºº»½¬·ª» ·³³»¼·¿¬»´§ «°±² ·¬­ °¿­­¿¹» ¿²¼ ¿°°®±ª¿´ò ÐßÍÍÛÜßÒÜßÐÐÎÑÊÛܬ¸·­¼¿§±ºô îððêò ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÐÛÎÎÇ Îò Ó½ÒÛ×ÔÔô ÓßÇÑÎ ßÌÌÛÍÌæ ÖÛÒÒ×ÚÛÎ ÉßÔÌÛÎÍô Ý×ÌÇ ÍÛÝÎÛÌßÎÇ ÞÇæ ßÐÐÎÑÊÛÜ ßÍ ÌÑ ÔÛÙßÔ ÚÑÎÓæ ÛÜÉ×Ò Óò ÍÒÇÜÛÎô Ý×ÌÇ ßÌÌÑÎÒÛÇ ÞÇæ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ íóÑÎÜóÞ×Ü íëíî AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of hot mix asphalt concrete for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3605-Annual Contract for Hot Mix Asphalt Concrete awarded to the lowest responsible bidder for each item, Jagoe- Public Company, in the estimated cumulative annual amount of $2,700,000). BID INFORMATION This bid is for the annual contract to supply Hot Mix Asphalt Concrete and specialized equipment with operations for installation services as needed. This contract is utilized in the construction renovation and maintenance of city streets. The contract allows for delivery of asphalt to the jobsite or pickup in City trucks at the plant and also a per ton price for equipment and operations lay down or installation of the asphalt at the direction of the Streets Division. RECOMMENDATION Award to Jagoe-Public Company in the estimated amount of $2,700,000. The apparent low bid for Item 1B was clarified with Reynolds Asphalt & Construction. Reynolds explained that 1B was in addition to 1A for a total bid price of $48.40 per ton. PRINCIPAL PLACE OF BUSINESS Jagoe-Public Company Denton, TX ESTIMATED SCHEDULE OF PROJECT This bid is for a one-year time period, with the option to extend for additional one-year periods. FISCAL INFORMATION Funding for the acquisition of this product will be charged to the appropriate account number at the time that the order is placed. Agenda Information Sheet November 7, 2006 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation 1-AIS-3605 ߬¬¿½¸³»²¬ ï Þ×Ü ý íêðë ÜßÌÛæ ѽ¬±¾»® ïðô îððê ر¬ Ó·¨ ß­¸¿´¬ ݱ²½®»¬» ° ÛÍÌò ÜÛÍÝÎ×ÐÌ×ÑÒ ×ÌÛÓËÑÓÊÛÒÜÑÎÊÛÒÜÑÎÊÛÒÜÑÎ ßÒÒËßÔ ÏÌÇò λ²±´¼­ § Ö¿¹±»óЫ¾´·½ß«­¬·² ß­°¸¿´¬ ú ݱòß­°¸¿´¬ô ÔРݱ²­¬®«½¬·±² Ю·²½·°´» д¿½» ±º Þ«­·²»­­æ Ü»²¬±²ô ÌÈ×®ª·²¹ô ÌÈÛ«´»­­ô ÌÈ Ø±¬ Ó·¨ ß­°¸¿´¬ ݱ²½®»¬» øÐÙóêìóîî÷ °·½µ«° ¿¬ °´¿²¬ ïëðôðð𬱲­ßòüìïòëðüìéòèðüìëòðð øп¬½¸·²¹ ±® Ý·¬§ Ý®»© ײ­¬¿´´¿¬·±²÷ Þòر¬ Ó·¨ ß­°¸¿´¬ ݱ²½®»¬» øÐÙóêìóîî÷ ÚÑÞ Ü»´·ª»®»¼üìëòëðüëëòìðüíòìð Ú±® ¬¸» °«®°±­» ±º ´±© ¾·¼ ¼»¬»®³·²¿¬·±²ô ¿ üðòîð °»® ³·´» ½¸¿®¹» ©·´´ ¾» ¿¼¼»¼ ¬± ¬¸» «²·¬ °®·½» º±® »¿½¸ ³·´» íðîð Ú¬ ɱ®¬¸ Ü®ïïìèï ÝÎ ëíêïé Û Ý±´´»¹» ͬ º®±³ çðï Ì»¨¿­ ͬ®»»¬ô Ü»²¬±²ô Ì»¨¿­ ¬± Ê»²¼±®ù­ °´¿²¬ Ü»²¬±²ô ÌÈÝ»´·²¿ô ÌÈÔ»©·­ª·´´»ô ÌÈ ß¼¼®»­­æ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò ïòüïêòððÒ± Þ·¼üïëòéë øðóìð𠬱²­÷ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò îòüçòëðÒ± Þ·¼üïïòðð øìððóççç ¬±²­÷ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò íòüëòëðÒ± Þ·¼üçòðð øïôðððóïôççç ¬±²­÷ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò ìòüìòëðÒ± Þ·¼üèòëð øîôðððóìôðð𠬱²­÷ ر¬ Ó·¨ ß­°¸¿´¬ ݱ²½®»¬» øÐÙóéêóîî÷ °·½µ«° ¿¬ °´¿²¬ îïëôðð𬱲­ßòüìçòððüëìòððÒ± Þ·¼ øп¬½¸·²¹ ±® Ý·¬§ Ý®»© ײ­¬¿´´¿¬·±²÷ Þòر¬ Ó·¨ ß­°¸¿´¬ ݱ²½®»¬» øÐÙóéêóîî÷ ÚÑÞ Ü»´·ª»®»¼üëìòððüêïòêðÒ± Þ·¼ Ú±® ¬¸» °«®°±­» ±º ´±© ¾·¼ ¼»¬»®³·²¿¬·±²ô ¿ üðòîð °»® ³·´» ½¸¿®¹» ©·´´ ¾» ¿¼¼»¼ ¬± ¬¸» «²·¬ °®·½» º±® »¿½¸ ³·´» íðîð Ú¬ ɱ®¬¸ Ü®ïïìèï ÝÎ ëí º®±³ çðï Ì»¨¿­ ͬ®»»¬ô Ü»²¬±²ô Ì»¨¿­ ¬± Ê»²¼±®ù­ °´¿²¬ Ò± Þ·¼ Ü»²¬±²ô ÌÈÝ»´·²¿ô ÌÈ ß¼¼®»­­æ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò ïòüïêòððÒ± Þ·¼Ò± Þ·¼ øðóìð𠬱²­÷ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò îòüçòëðÒ± Þ·¼Ò± Þ·¼ øìððóççç ¬±²­÷ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò íòüëòëðÒ± Þ·¼Ò± Þ·¼ øïôðððóïôççç ¬±²­÷ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò ìòüìòëðÒ± Þ·¼Ò± Þ·¼ øîôðððóìôðð𠬱²­÷ Ê»²¼±®ù­ °´¿²¬ ¬± Ý·¬§ ±º Ü»²¬±² ¼»­¬·²¿¬·±² ·­ ÁÁÁÁÁ íòëîëòìïê ³·´»­ò ͸·°³»²¬ ½¿² ¾» ³¿¼» ·² ÁÁÁÁÁÁ ¼¿§­ º®±³ ®»½»·°¬ ±º íîÒñß ±®¼»®ò öЮ·½»­ ­¸¿´´ ¾» ¾·¼ ÚòÑòÞò Ü»²¬±² «²´»­­ ²±¬»¼ ±¬¸»®©·­»ò ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF HOT MIX ASPHALT CONCRETE FOR THE CITY OF DENTON STREET DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3605-ANNUAL CONTRACT FOR HOT MIX ASPHALT CONCRETE AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM, JAGOE-PUBLIC COMPANY, IN THE ESTIMATED CUMULATIVE ANNUAL AMOUNT OF $2,700,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3605 1-2 Jagoe-Public Company Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-BID 3605 Û¨¸·¾·¬ ß Þ×Ü ý íêðë ÜßÌÛæ ѽ¬±¾»® ïðô îððê ر¬ Ó·¨ ß­¸¿´¬ ݱ²½®»¬» ° ÛÍÌò ÜÛÍÝÎ×ÐÌ×ÑÒ ×ÌÛÓËÑÓÊÛÒÜÑÎ ßÒÒËßÔ ÏÌÇò Ö¿¹±»óЫ¾´·½ ݱò Ю·²½·°´» д¿½» ±º Þ«­·²»­­æ Ü»²¬±²ô ÌÈ Ø±¬ Ó·¨ ß­°¸¿´¬ ݱ²½®»¬» øÐÙóêìóîî÷ °·½µ«° ¿¬ °´¿²¬ ïëðôðð𬱲­ßòüìïòëð øп¬½¸·²¹ ±® Ý·¬§ Ý®»© ײ­¬¿´´¿¬·±²÷ Þòر¬ Ó·¨ ß­°¸¿´¬ ݱ²½®»¬» øÐÙóêìóîî÷ ÚÑÞ Ü»´·ª»®»¼üìëòëð Ú±® ¬¸» °«®°±­» ±º ´±© ¾·¼ ¼»¬»®³·²¿¬·±²ô ¿ üðòîð °»® ³·´» ½¸¿®¹» ©·´´ ¾» ¿¼¼»¼ ¬± ¬¸» «²·¬ °®·½» º±® »¿½¸ ³·´» íðîð Ú¬ ɱ®¬¸ Ü® º®±³ çðï Ì»¨¿­ ͬ®»»¬ô Ü»²¬±²ô Ì»¨¿­ ¬± Ê»²¼±®ù­ °´¿²¬ Ü»²¬±²ô ÌÈ ß¼¼®»­­æ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò ïòüïêòðð øðóìð𠬱²­÷ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò îòüçòëð øìððóççç ¬±²­÷ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò íòüëòëð øïôðððóïôççç ¬±²­÷ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò ìòüìòëð øîôðððóìôðð𠬱²­÷ ر¬ Ó·¨ ß­°¸¿´¬ ݱ²½®»¬» øÐÙóéêóîî÷ °·½µ«° ¿¬ °´¿²¬ îïëôðð𬱲­ßòüìçòðð øп¬½¸·²¹ ±® Ý·¬§ Ý®»© ײ­¬¿´´¿¬·±²÷ Þòر¬ Ó·¨ ß­°¸¿´¬ ݱ²½®»¬» øÐÙóéêóîî÷ ÚÑÞ Ü»´·ª»®»¼üëìòðð Ú±® ¬¸» °«®°±­» ±º ´±© ¾·¼ ¼»¬»®³·²¿¬·±²ô ¿ üðòîð °»® ³·´» ½¸¿®¹» ©·´´ ¾» ¿¼¼»¼ ¬± ¬¸» «²·¬ °®·½» º±® »¿½¸ ³·´» íðîð Ú¬ ɱ®¬¸ Ü® º®±³ çðï Ì»¨¿­ ͬ®»»¬ô Ü»²¬±²ô Ì»¨¿­ ¬± Ê»²¼±®ù­ °´¿²¬ Ü»²¬±²ô ÌÈ ß¼¼®»­­æ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò ïòüïêòðð øðóìð𠬱²­÷ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò îòüçòëð øìððóççç ¬±²­÷ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò íòüëòëð øïôðððóïôççç ¬±²­÷ ß¼¼·¬·±²°»® ¬±² º±® ·²­¬¿´´¿¬·±² ¿¬ Ý·¬§ ±º Ü»²¬±² ¶±¾ ­·¬»ò ìòüìòëð øîôðððóìôðð𠬱²­÷ Ê»²¼±®ù­ °´¿²¬ ¬± Ý·¬§ ±º Ü»²¬±² ¼»­¬·²¿¬·±² ·­ ÁÁÁÁÁ íòë ³·´»­ò ͸·°³»²¬ ½¿² ¾» ³¿¼» ·² ÁÁÁÁÁÁ ¼¿§­ º®±³ ®»½»·°¬ ±º í ±®¼»®ò öЮ·½»­ ­¸¿´´ ¾» ¾·¼ ÚòÑòÞò Ü»²¬±² «²´»­­ ²±¬»¼ ±¬¸»®©·­»ò AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7100 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of two backhoes for the City of Denton Water Distribution Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3613- Interlocal Agreement for Two Backhoes with H-GAC awarded to Equipment Support Services, Inc. in the amount of $134,323.08). (The Public Utilities Board recommends approval 5-0). FILE INFORMATION This request is for the acquisition of two Case Model 590 loader/backhoe trailers. They will be motor pool replacements for two similar units that are to be returned to the vendor as per the guarantee buy back agreement. Equipment Support Services, Inc. will buy back the units for $30,000 each. This funding will be applied to the replacement cost. Pricing is from the interlocal agreement with Equipment Support Services, Inc. awarded by the Houston-Galveston Area Council of Governments (H-GAC). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its October 23, 2006 meeting. RECOMMENDATION Award to Equipment Support Services, Inc. in the amount of $134,323.08. PRINCIPAL PLACE OF BUSINESS Equipment Support Services, Inc. Euless, TX ESTIMATED SCHEDULE OF PROJECT Delivery can be made within 60 days of receipt of the order. Agenda Information Sheet November 7, 2006 Page 2 FISCAL INFORMATION The backhoes will be purchased from accumulated motor pool funds in account 630200.8535. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1:H-GAC Pricing Sheet 1-AIS-File 3613 ûÈÈÛÙÔÏ×ÎÈ ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF TWO BACKHOES FOR THE CITY OF DENTON WATER DISTRIBUTION DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3613-INTERLOCAL AGREEMENT FOR TWO BACKHOES WITH H-GAC AWARDED TO EQUIPMENT SUPPORT SERVICES, INC. IN THE AMOUNT OF $134,323.08). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3613 H-GAC/Equipment Support Services $134,323.08 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City’s ratification of bids awarded by H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC, quantities and specified sums contained in the City’s purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. 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-ORD-File 3613 1DRAFT MINUTES PUBLIC UTILITIES BOARD 2 3October 23, 2006 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Presiding Officer of the Public Utilities Board convened into an Open Meeting on 7Monday, October 23, 2006 at 9:02 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10Chair Newell, Bill Cheek, Phil Gallivan, Bob Bland, Randy Robinson and Dick 11Smith (arrived at 9:19 a.m.). 12 13Ex Officio Member: 14Howard Martin, Interim City Manager 15 Absent: 16John Baines, excused 17 OPEN MEETING 18: 19 CONSENT AGENDA: 20 21The Public Utilities Board has received background information, staff’s recommendations, and 22has had an opportunity to raise questions regarding these items prior to consideration. 23 241) Consider recommending adoption of an Ordinance authorizing the City Manager or his 25designee to execute a purchase order with the Houston-Galveston Area Council of 26Governments (H-GAC) for the acquisition of two backhoes for the City of Denton Water 27Distribution Department by way of an Interlocal Agreement; and providing an effective date 28(File 3613-Interlocal Agreement for two backhoes with H-GAC awarded to Equipment 29Support Services, Inc. in the amount of $134,323.08). 30 312) Consider approval of a professional services agreement with Solutient GeoSciences, Inc. 32(Solutient) to prepare a landfill permit modification to the Texas Commission on 33Environmental Quality (TCEQ) for the addition of three new monitoring wells and the 34installation of the wells at the City’s Landfill in an amount not to exceed $30,805. 35 363) Consider recommending approval of a professional services agreement with Solutient 37GeoSciences, Inc. (Solutient) to supply the Solid Waste Department with hydro geological 38consulting and groundwater monitoring services at the City’s Landfill in an amount not to 39exceed $110,094. 40 414) Consider approval of a proposal between Coleman & Associates Land Surveying and the 42City of Denton to provide professional services for annual ground surveying services and 43reports at the city’s landfill in an amount not to exceed $30,000. 44 Board Member Randy Robinson moved to approve Item 1 through 4 with a second from 45 Board Member Phil Gallivan. The motion was approved by a 5-0 vote. 46 47 ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ Ò±ª»³¾»® éô îððêÏ«»­¬·±²­ ½±²½»®²·²¹ ¬¸·­ ¿½¯«·­·¬·±² ³¿§ ¾» ¼·®»½¬»¼ ÜÛÐßÎÌÓÛÒÌæ Ó¿¬»®·¿´­ Ó¿²¿¹»³»²¬ ¬± Þ®«½» Ø»²·²¹¬±² íìçóèïíì ßÝÓæ Ö±² Ú±®¬«²» ÍËÞÖÛÝÌ Ý±²­·¼»® ¿¼±°¬·±² ±º ¿² Ñ®¼·²¿²½» ±º ¬¸» Ý·¬§ ±º Ü»²¬±² ¿«¬¸±®·¦·²¹ ¬¸» Ý·¬§ Ó¿²¿¹»® ±® ¸·­ ¼»­·¹²»» ¬± »¨»½«¬» ¿ °«®½¸¿­» ±®¼»® ©·¬¸ ̸» ݱ±°»®¿¬·ª» Ы®½¸¿­·²¹ Ò»¬©±®µ øÌÝÐÒ÷ º±® ¬¸» ¿½¯«·­·¬·±² ±º ØÊßÝ ¿·® ½±²¼·¬·±²·²¹ «²·¬­ º±® »·¹¸¬ Ý·¬§ ±º Ü»²¬±² º¿½·´·¬·»­ ¾§ ©¿§ ±º ¿² ײ¬»®´±½¿´ ß¹®»»³»²¬ ©·¬¸ ¬¸» Ý·¬§ ±º Ü»²¬±²å ¿²¼ °®±ª·¼·²¹ ¿² »ºº»½¬·ª» ¼¿¬» øÚ·´» íêîïó ײ¬»®´±½¿´ ß¹®»»³»²¬ º±® Ы®½¸¿­» ±º ØÊßÝ ß·® ݱ²¼·¬·±²·²¹ ˲·¬­ ©·¬¸ ÌÝÐÒ ¿©¿®¼»¼ ¬± ̸» Ì®¿²» ݱ³°¿²§ ·² ¬¸» ¿³±«²¬ ±º üíçêôììð÷ò Ú×ÔÛ ×ÒÚÑÎÓßÌ×ÑÒ Ì¸·­ ¿½¯«·­·¬·±² ·­ º±® ·³°´»³»²¬¿¬·±² ±º ¬¸» ØÊßÝ «°¹®¿¼» °¿½µ¿¹» ¿°°®±ª»¼ ·² ¬¸» îððëóîððê Ý¿°·¬¿´ ׳°®±ª»³»²¬ Ю±¹®¿³ò ̸» ØÊßÝ ­§­¬»³­º±® Ú·®» ͬ¿¬·±² ëô Ú·®» ͬ¿¬·±² êô Í»²·±® Ý»²¬»®ô Ü»²·¿ λ½®»¿¬·±² Ý»²¬»®ô Ò±®¬¸ Ô¿µ»­ λ½®»¿¬·±² Ý»²¬»®ô Ù±´¼º·»´¼ Ì»²²·­ º¿½·´·¬§ô ß³»®·½¿² Ô»¹·±² ݱ³³«²·¬§ º¿½·´·¬§ô ¿²¼ Û³·´§ Ú±©´»® Ô·¾®¿®§ ¾«·´¼·²¹ ¿®» ·²½´«¼»¼ ·² ¬¸» «°¹®¿¼»ò Ю·½»­ ¿®» ¾¿­»¼ «°±² ¬¸» Ì»¨¿­ ݱ±°»®¿¬·ª» Ы®½¸¿­·²¹ Ò»¬©±®µ ݱ²¬®¿½¬ ©·¬¸·² ¬¸» ͬ¿¬» ±º Ì»¨¿­ ¿²¼ ½±³°´§ ©·¬¸ ¬¸» ½±³°»¬·¬·ª» ¾·¼¼·²¹ ®»¯«·®»³»²¬­ ±º Ô±½¿´ Ù±ª»®²³»²¬ ݱ¼» ݸ¿°¬»® îéï ·²ª±´ª·²¹ ײ¬»®´±½¿´ ¿¹®»»³»²¬­òÝ«®®»²¬´§ô ±ª»® îéë ½·¬·»­ô ìï ½±«²¬·»­ ¿²¼ êðð ­½¸±±´ ¼·­¬®·½¬­ °¿®¬·½·°¿¬» ·² ¬¸» Ì»¨¿­ ݱ±°»®¿¬·ª» Ы®½¸¿­·²¹ Ò»¬©±®µò ÎÛÝÑÓÓÛÒÜßÌ×ÑÒ ß©¿®¼ ¬± Ì®¿²» ݱ³°¿²§ ·² ¬¸» ¿³±«²¬ ±º üíçêôììðò ÐÎ×ÒÝ×ÐßÔ ÐÔßÝÛ ÑÚ ÞËÍ×ÒÛÍÍ Ì®¿²» ݱ³°¿²§ Ý¿®®±´´¬±²ô ÌÈ ÛÍÌ×ÓßÌÛÜ ÍÝØÛÜËÔÛ ÑÚ ÐÎÑÖÛÝÌ Ü»´·ª»®§ ±º ¬¸» »¯«·°³»²¬ ·­ »­¬·³¿¬»¼ ¬± ¾» èóïð ©»»µ­ º®±³ ®»½»·°¬ ±º ¿² ±®¼»®ò ̸» ·²­¬¿´´¿¬·±² ±º ¬¸» «²·¬­ ©·´´ ¾» ¿ º·ª» ¬± ­»ª»²³±²¬¸ °®±¹®¿³ ¬¸¿¬ ·­ »­¬·³¿¬»¼ ¬± ¾» ½±³°´»¬»¼ ¼«®·²¹ ¬¸» îððêóîððé º·­½¿´ §»¿®ò ß¹»²¼¿ ײº±®³¿¬·±² ͸»»¬ Ò±ª»³¾»® éô îððê п¹» î Ú×ÍÝßÔ ×ÒÚÑÎÓßÌ×ÑÒ Ì¸·­ ·¬»³ ©·´´ ¾» º«²¼»¼ º®±³ ¿½½±«²¬ ïððïðëìëîòìðïððò λ­°»½¬º«´´§ ­«¾³·¬¬»¼æ ̱³ ͸¿©ô ÝòÐòÓòô íìçóéïðð Ы®½¸¿­·²¹ ß¹»²¬ ߬¬¿½¸³»²¬ ïæЮ±°±­¿´ º®±³ Ì®¿²» ïóß×Íóíêîï ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE COOPERATIVE PURCHASING NETWORK (TCPN) FOR THE ACQUISITION OF HVAC AIR CONDITIONING UNITS FOR EIGHT CITY OF DENTON FACILITIES BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3621-INTERLOCAL AGREEMENT FOR PURCHASE OF HVAC AIR CONDITIONING UNITS WITH TCPN AWARDED TO THE TRANE COMPANY IN THE AMOUNT OF $396,440). WHEREAS, pursuant to Ordinance 2005-033, The Cooperative Purchasing Network (TCPN) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through The Cooperative Purchasing Network (TCPN) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3621 TCPN/Trane $396,440 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the TCPN for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the TCPN, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City’s ratification of bids awarded by TCPN, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to TCPN, quantities and specified sums contained in the City’s purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2006. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ________________ BY: _________________ 3-ORD-File 3621 ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ ѽ¬±¾»® ïéôîððêÏ«»­¬·±²­ ½±²½»®²·²¹ ¬¸·­ ¿½¯«·­·¬·±² ³¿§ ¾» ¼·®»½¬»¼ ÜÛÐßÎÌÓÛÒÌæ Ó¿¬»®·¿´­ Ó¿²¿¹»³»²¬ ¬± ̱³ ͸¿© íìçóéïíí ßÝÓæ Ö±² Ú±®¬«²» ÍËÞÖÛÝÌ Ý±²­·¼»® ¿¼±°¬·±² ±º ¿² Ñ®¼·²¿²½» ¿«¬¸±®·¦·²¹ ¬¸» º·²¿²½·²¹ ±º º´»»¬ ª»¸·½´»­ ¿²¼ »¯«·°³»²¬ º±® ª¿®·±«­ ½·¬§ ¼»°¿®¬³»²¬­ ¬¸®±«¹¸ ¿ ´»¿­» °«®½¸¿­» º·²¿²½·²¹ ¿¹®»»³»²¬å °®±ª·¼·²¹ º±® ¬¸» »¨°»²¼·¬«®» ±º º«²¼­ ¬¸»®»º±®»å ¿²¼ °®±ª·¼·²¹ ¿² »ºº»½¬·ª» ¼¿¬» øÚ·´Ø  oéÕÔËÙíÜËÉÄñØÜÊØ Ð«®½¸¿­» ±º Ê»¸·½´»­ ¿²¼ Û¯«·°³»²¬ô ¿°°®±¨·³¿¬» º·²¿²½» ½¸¿®¹»­ ±º üïèèôêðèòé𠺱® êð ³±²¬¸­ ¿²¼ üïðèôíëîòí𠺱® ïîð ³±²¬¸­ º±® ¬±¬¿´ º·²¿²½» ½¸¿®¹»­ ±º üîçêôçêï÷ò ÔÛßÍÛñÐËÎÝØßÍÛ ÑÎÜÛÎ ×ÒÚÑÎÓßÌ×ÑÒ Ì¸·­ ¬¸·®¼ °¿®¬§ ´»¿­» °«®½¸¿­» º·²¿²½·²¹ ¿¹®»»³»²¬ ·­ º±® ¬¸» º«²¼·²¹ ±º ­·¨ ¸»¿ª§ ¼«¬§ ®»º«­» ¬®«½µ­ô ¬¸®»» ¬®¿²­º»® ¬®¿·´»®­ô ±²» ïì ½«¾·½ §¿®¼ ¼«³° ¬®«½µô ¬®¿½¬±®­ô ¿ ¬®»²½¸»® ¿²¼ ±¬¸»® ³±©·²¹ ¿²¼ ³¿·²¬»²¿²½» »¯«·°³»²¬ ±ª»® ¿ êð ³±²¬¸ °»®·±¼ò ß´­± ·²½´«¼»¼ ·­ ¬¸» º«²¼·²¹ 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éËÜÚÉÎËæÔÉÕ jðÎÆØË ØÜÚÕ     ëÎÉÜËÄðÎÆØË j ØÜÚÕ   ˬ·´·¬§ Ê»¸·½´» É·¬¸ Ô·º¬ ï »¿½¸ ü ïîôððð ü ïîôððð b ̱² з½µ Ë° ï »¿½¸ ü îëôððð ü îëôððð É¿¬»® Ì®«½µ ï »¿½¸ ü éëôððð ü éëôððð Û¨¸·¾·¬ ß Û­¬·³¿¬»¼ Û¯«·°³»²¬ Ï«¿²¬ò Ы®½¸¿­» Ю·½»Ì±¬¿´ ïîð Ó±²¬¸ Ú·²¿²½·²¹ ͸»»°º±±¬ α´´»® ï »¿½¸ ü ïìëôððð ü ïìëôððð ß­°¸¿´¬ Ы´ª·óÓ·¨»® ï »¿½¸ ü ííèôððð ü ííèôððð ̱¬¿´ ß°°®±¨·³¿¬» ݱ­¬ ü îôïêðôëêç AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of 27 vehicles for various City of Denton General Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3641- Interlocal Agreement for the purchase of General Fund Vehicles for the 2006-2007 fiscal year awarded to Philpott Motors in the amount of $561,886). FILE INFORMATION This contract is for the acquisition of twenty-seven vehicles approved for the General Fund Divisions in the 2006-2007 budget process. Twenty-two of the vehicles are motor pool replacements and the other five vehicles are fleet additions. A list and description of the vehicles is shown below. (FA) stands for fleet addition. Cat# Description Quant. Price (Ea) Total Department 1 Ford Expedition 4 $21,934 $87,736 Police Ops 2 Crown Victoria 5 $19,740 $98,700 Police Ops 3 ½ Ton Reg Cab 5 $14,474 $72,370 Code Enf 4 ¾ Ton Reg Cab 1 $18,311 $18,311 Parks/Ath 5 ½ Ton Ext Cab 2 $15,489 $30,978 Bldg. Insp 6 ¾ Ton Ext Cab, Diesel 2 $26,938 $53,876 Parks/Con Police/Ops 7 ¾ Ton, Ext Cab, Diesel 2 $28,547 $57,094 Animal Ctrl 4X4 8 ¾ Ton Crew Cab, Diesel 1 $31,798 $31,798 Fire Ops 9 1 Ton Cab 1 $25,792 $25,792 Park/Con 10 Ford Explorer (FA) 1 $21,532 $21,532 Fire Admin 11 Ford Escape 1 $17,605 $17,605 Planning 12 15 Passenger Van 2 $21,347 $42,694 Parks/Rec V6, (FA) Total 27 $558,486 Fee for Service and Parts Manuals $ 600 Maximum Total Buy Board Fee $ 2,800 Total Expenditure $561,886 Agenda Information Sheet November 7, 2006 Page 2 FILE INFORMATION (CONTINUED) All units are powered by gasoline or diesel engines with LEV ratings that meet or exceed EPA standards. RECOMMENDATION Award to Philpott Ford in the amount of $561,881 as shown on the individual Buy Board contract pricing sheets included as Attachment 1. PRINCIPAL PLACE OF BUSINESS Philpott Ford Nederland, TX ESTIMATED SCHEDULE OF PROJECT Delivery can be made within 60-90 days of receipt of an order. FISCAL INFORMATION The acquisition of these units will be funded from a combination of Certificate of Obligation funds, Third Party Lease and 2006-2007 departmental budget funds. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Buy Board Pricing Sheets 1-AIS-File 3641 ûÈÈÛÙÔÏ×ÎÈ ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF 27 VEHICLES FOR VARIOUS CITY OF DENTON GENERAL FUND DEPARTMENTS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3641-INTERLOCAL AGREEMENT FOR THE PURCHASE OF GENERAL FUND VEHICLES FOR THE 2006-2007 FISCAL YEAR AWARDED TO PHILPOTT MOTORS IN THE AMOUNT OF $561,886). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the “File Number” referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3641 Philpott Motors $561,886 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City’s ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of _______________________, 2006. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ________________ BY: _________________ 3-ORD-File 3641 AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Sheepfoot Roller for the Street Department for the City of Denton General Street Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3642-Interlocal Agreement for the purchase of a Sheepfoot Roller for the Street Department awarded to Holt CAT in the amount of $159,623). FILE INFORMATION This acquisition is for a Caterpillar CP563E Soil Compaction Sheepfoot Roller for the Street Department. This unit is a replacement for a similar 1990 model roller. The new unit is powered by a diesel engine with LEV ratings that meet or exceed EPA standards. This self-powered roller will be used in street construction and maintenance projects. RECOMMENDATION Award to Holt CAT in the amount of $159,623. PRINCIPAL PLACE OF BUSINESS Holt CAT Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This unit can be delivered within 30 days of receipt of an order. FISCAL INFORMATION This item will be funded from the third party lease/purchase agreement presented for Council approval on November 7, 2006. Agenda Information Sheet November 7, 2006 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1:Quote from Holt CAT 1-AIS-3642 ûÈÈÛÙÔÏ×ÎÈ ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF A SHEEPFOOT ROLLER FOR THE STREET DEPARTMENT FOR THE CITY OF DENTON GENERAL STREET DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3642-INTERLOCAL AGREEMENT FOR THE PURCHASE OF A SHEEPFOOT ROLLER FOR THE STREET DEPARTMENT AWARDED TO HOLT CAT IN THE AMOUNT OF $159,623). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the “File Number” referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3642 Holt CAT $159,623 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City’s ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2006. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ________________ BY: _________________ 3-ORD-File 3642 AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of a Surface Pre Mixer; providing for the expenditure of funds therefore; and providing an effective date (File 3643-Interlocal Agreement for Surface Pre Mixer with Tarrant County, contract awarded to Conley-Lott Nichols of Texas, Inc. in the amount of $318,380). FILE INFORMATION An Interlocal Agreement for Cooperative Purchasing was approved on June 16, 1998 with Tarrant County allowing the City of Denton to participate in Tarrant County contracts for the supply of goods and services. The Terex RS-125C surface premixer/reclaimer is a motor pool replacement for a similar unit purchased in 1999. The new unit is considerably larger, heavier duty rated, and is designed to have a longer useful life expectancy. A surface premixer/reclaimer is used to “till” or mix road base, asphalt remnants and stabilization material into a useable compactable road base for resurfacing existing roads. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) The City Council approved an Interlocal Agreement with Tarrant County on June 16, 1998 (98- 175). Tarrant County Commissioners Court approved the 2005/06 bids and awarded a contract to Conley-Lott Nichols of Texas, Inc. on August 15, 2006 (Bid No. 2006-179). RECOMMENDATION Award to Conley-Lott Nichols of Texas, Inc. in the amount of $318,380 for the basic unit without the options listed on the attached quote. PRINCIPAL PLACE OF BUSINESS Conley-Lott Nichols of Texas, Inc. San Antonio, TX Agenda Information Sheet November 7, 2006 Page 2 ESTIMATED SCHEDULE OF PROJECT This unit can be delivered within 30 days of receipt of an order. FISCAL INFORMATION This item will be funded from 120 month third party lease/purchase funding presented to Council for consideration on November 7, 2006. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1:Proposal from Conley-Lott Nichols of Texas, Inc. 1-AIS-File 3643 ûÈÈÛÙÔÏ×ÎÈ ORDINANCE NO. ___________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF A SURFACE PRE MIXER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3643-INTERLOCAL AGREEMENT FOR SURFACE PRE MIXER WITH TARRANT COUNTY, CONTRACT AWARDED TO CONLEY-LOTT NICHOLS OF TEXAS, INC. IN THE AMOUNT OF $318,380). WHEREAS, pursuant to Ordinance 95-175, Tarrant County, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Tarrant County Cooperative Purchasing programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the “Purchase Orders” listed hereon, and on file in the office of the Purchasing Agent are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3643 Conley-Lott Nichols of Texas, Inc. $318,380 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to Tarrant County for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with Tarrant County (Bid 2006-179), and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City’s ratification of bids awarded by the Tarrant County, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Tarrant County, quantities and specified sums contained in the City’s purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __________ day of ________________, 2006. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:___________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD- FILE 3643 AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of a Type I Ambulance for the City of Fire Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3644- Interlocal Agreement for Type I Ambulance with H-GAC awarded to Freeway Ford in the amount of $110,625). FILE INFORMATION This unit is a motor pool replacement for a 1997 model unit no longer suitable for emergency medical services use. The old unit will be sold at auction. Freeway Ford in Houston will have the Frazer body mounted on a 2007 Ford F-350 diesel powered chassis. RECOMMENDATION Award to Freeway Ford in the amount of $110,625. PRINCIPAL PLACE OF BUSINESS Freeway Ford Houston, TX ESTIMATED SCHEDULE OF PROJECT The completed unit is estimated to be shipped within 90-120 days. FISCAL INFORMATION The ambulance will be funded from Certificate of Obligation funds pending approval of a reimbursement ordinance (November 7, 2006 Council agenda). Agenda Information Sheet November 7, 2006 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote from Freeway Ford 1-AIS-3644 ûÈÈÛÙÔÏ×ÎÈ ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF A TYPE I AMBULANCE FOR THE CITY OF FIRE DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3644-INTERLOCAL AGREEMENT FOR TYPE I AMBULANCE WITH H-GAC AWARDED TO FREEWAY FORD IN THE AMOUNT OF $110,625). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3644 H-GAC/Freeway Ford $110,625 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City’s ratification of bids awarded by H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC, quantities and specified sums contained in the City’s purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. 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-ORD-File 3644 AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the annual maintenance and replacement of specified curbs, gutters, sidewalks and ADA ramps for the City of Denton (as listed in Attachment 1); providing for the expenditure of funds therefore; and providing an effective date (Bid 3516- Annual Contract for Concrete Work (expenditure over $100,000) awarded to Floyd Smith Concrete, Inc. in the estimated amount of $175,000). BID INFORMATION This item is for the approval of expenditures associated with the Street Division’s Curb and Gutter, Sidewalk and ADA Ramp Replacement Program. A supplemental funding request for this program was approved as part of the 2006-2007 fiscal year budget. The Street Division has submitted a list of addresses (Attachment 1) that are scheduled to have repair or replacement work performed. This list was used as a guide to develop the estimated dollar amount for the program. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 25, 2006, Council awarded Bid 3516-Annual Contract for Concrete Work to Floyd Smith Concrete, Inc. in the estimated amount of $1,200,000. As a condition of award, it was stipulated that all expenditures over $100,000 must be approved separately by Council. RECOMMENDATION Award to Floyd Smith Concrete, Inc. in the amount of $175,000. PRINCIPAL PLACE OF BUSINESS Floyd Smith Concrete, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT The maintenance and replacement work is scheduled to take place during the 2006-2007 fiscal year. Agenda Information Sheet November 7, 2006 Page 2 FISCAL INFORMATION This program will be funded from Streets account 353001.6516. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Replacement List Attachment 2: Street Division Position Paper 1-AIS-3516 Attachment 2 STREET DIVISION POSITION PAPER ISSUE: Curb & Gutter, Sidewalk and ADA Ramp Maintenance and Replacement Program DESCRIPTION This supplemental package is being submitted to request funding to repair and or replace existing curb & gutter, sidewalk, and ADA ramps that are damaged. The program will also provide the funding that is needed to respond to citizen requests for curb & gutter, sidewalk, and ADA ramp repairs and additions. The attached spreadsheet, Exhibit 1, contains a current list of addresses in need of repairs. This list is comprised of citizen request as well as internal City of Denton requests. TREND ANALYSIS The City continues to add streets with curbs & gutters and sidewalks on an annual basis, mean while current sidewalks and curbs & gutters continue to deteriorate. Citizens continue to request the repairs of their concrete and the addition of sidewalks and ADA ramps in areas of the City that do not currently have these amenities. Drought conditions of the past three years have increased the amount of damaged to concrete areas within the City of Denton increasing the number of citizen requests. Currently, there are approximately 594 miles of curb and gutter, 248 miles of sidewalk, and 2000 ADA ramps within the City of Denton. The estimated current asset value of these assets total $48,841,405.85. This estimate is a sum of the following totals: Curb & Gutter equals $27,454,973.45, Sidewalk equals $19,643,432.40 and the ADA Ramps total $1,743,000.00. This infrastructure has a normal estimated life expectancy of 50 years. FUTURE CONCERNS The expansive soils in the City of Denton will continue to deteriorate the sidewalks, ADA ramps, and curb & gutters due to the fluctuations in seasons from dry to wet. With out the addition of this annual funding to repair these sidewalks, curbs & gutters, and ADA ramps, the list of addresses will continue to grow, trip hazards and liability issues will increase, and areas of stagnate water will continue to expand. Attachment 2 CURRENT PRACTICES Currently, there is no funding source for the repairs, replacements, and additions of curb & gutters, sidewalks, and ADA ramps. The current repairs and additions are funded from the money remaining from completed O&M budgeted projects. The increasing costs of materials to repair and reconstruct City streets is consuming an increased amount of the O&M project budgets preventing funding for the repairs, replacements, and additions of curb & gutters, sidewalks, and ADA ramps. Citizen and internal requests are placed on a repair list and wait until funds are available to make the repairs or additions. As of May 2006, there are approximately 101 addresses on the repair and replace list with addresses dating back prior to 2003. Of theses 101 addresses, eight of these locations have been identified for the next CIP bond program. The list of address continues to grow frequently as the City grows and ages. POLICY RECOMMENDATIONS The City should implement an annual program with funds of $50,000 to repair and or replace damaged sidewalks, ADA ramps, and curbs and gutters. Due to financial considerations, the Division recommends the strategy of implementing a $50,000 annual program to address citizen requests for damaged sidewalk, curb and gutter, and ADA ramps. FINANCIAL IMPACT The financial impact of implementing this policy would add an additional $50,000 to the Street Division’s overall budget. ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE ANNUAL MAINTENANCE AND REPLACEMENT OF SPECIFIED CURBS, GUTTERS, SIDEWALKS AND ADA RAMPS FOR THE CITY OF DENTON (AS LISTED IN ATTACHMENT 1); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3516- ANNUAL CONTRACT FOR CONCRETE WORK (EXPENDITURE OVER $100,000) AWARDED TO FLOYD SMITH CONCRETE, INC. IN THE ESTIMATED AMOUNT OF $175,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3516 Floyd Smith Concrete $175,000 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. 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-ORD-Bid 3516  AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler 349-8044 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas authorizing the city manager to execute a Professional Services Agreement with Solutient GeoSciences, Inc. for performing all landfill groundwater monitoring, data review, reporting, and general geological and hydrogeological services regarding the City of Denton, Texas Municipal Solid Waste Landfill in an amount not to exceed $110,093.55; authorizing the expenditure of funds; providing for retroactive ratification and approval thereof; and providing an effective date. (File 3620- awarded to Solutient GeoSciences, Inc. in an amount not to exceed $110,093.55). The Public Utilities Board recommends approval (5-0). FILE INFORMATION The Landfill is required to perform and submit ground water monitoring results of the landfill’s groundwater monitoring wells and two leachate sumps on a semi-annual basis to the Texas Commission on Environmental Quality (TCEQ). In March 2006, the Texas Commission on Environmental Quality (TCEQ) approved a new expanded groundwater sampling and analysis plan for Texas landfills. Three new groundwater wells are required to be constructed at Denton’s landfill for groundwater sampling and analysis, to comply with recent changes in the regulatory requirements. In addition to the required three new wells, which increases the overall sampling and analysis effort at Denton’s landfill, all wells will be sampled and analyzed under a new sampling method, a total metals versus the current dissolved metals method. To establish a background sampling point for comparison purposes in the future, a minimum of eight total metals sampling events is required. During the accumulation of the total metals background data, dissolved metals sampling and analysis must continue for reporting purposes. Sampling and analysis using both methods will continue through March 2008. In addition, expanded data evaluation and statistical reporting is required. Mr. Jeske, of Solutient GeoSciences, is familiar with Denton’s hydro geological site conditions, and possesses staff capable of monitoring and accurately interpreting Denton’s groundwater data. He has supervised the Denton landfill groundwater-monitoring program since 1999. Agenda Information Sheet November 7, 2006 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its October 23, 2006 meeting. RECOMMENDATION Award to Solutient GeoSciences, Inc. in an amount not to exceed $110,093.55 PRINCIPAL PLACE OF BUSINESS Solutient GeoSciences, Inc. Tyler, Texas ESTIMATED SCHEDULE OF PROJECT This contract is for a one-year period, beginning October 1, 2006 and ending September 30, 2007. FISCAL INFORMATION Funding will be provided from Solid Waste budget account number 660300.7839. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. 2006-_________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SOLUTIENT GEOSCIENCES, INC. FOR PERFORMING ALL LANDFILL GROUNDWATER MONITORING, DATA REVIEW, REPORTING, AND GENERAL GEOLOGICAL AND HYDROGEOLOGICAL SERVICES REGARDING THE CITY OF DENTON, TEXAS MUNICIPAL SOLID WASTE LANDFILL IN AN AMOUNT NOT TO EXCEED $110,093.55; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE RATIFICATION AND APPROVAL THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to continue to engage Solutient Geosciences, Inc., a Corporation, of Tyler, Texas (“SGI”), to provide professional hydrogeological consulting and analytical services for the City pertaining to the City of Denton Landfill (MSW Permit No. 1590A); the City Council has engaged ETTL since 1999 to perform these services, and has been satisfied as to the quality and reasonable price of SGI’s work; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-referenced professional consulting services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and WHEREAS, it is necessary for the professional services provided by SGI to begin on October 1, 2006, and the timing involved in the contract approval process dictates that this ordinance be ratified and approved effective as of October 1, 2006, which continues the professional services contracted by the City with ETTL for similar services for the City’s landfill, without interruption; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the “Professional Services Procurement Act”, generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations in the preamble are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2: That the City Manager is hereby authorized to execute a Professional Services Agreement with Solutient Geosciences, Inc., a Corporation, of Tyler, Texas, in an amount not-to-exceed $110,093.55 for assessment monitoring, groundwater monitoring and analytical services pertaining to the City of Denton Landfill (MSW Permit No. 1590A); in substantially the form of the Professional Services Agreement attached hereto as Exhibit “A” and incorporated herewith by reference. 1 SECTION 3: That the award of this Agreement by the City is on the basis of the continued demonstrated competence, knowledge, and qualifications of SGI and the continued demonstrated ability of SGI to perform the services needed by the City for a fair and reasonable price. SECTION 4: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 5: That the effective date of the Professional Services Agreement st approved hereby, is hereby ratified, confirmed, and made effective as of the 1 day of October, 2006. SECTION 6: That otherwise, except as stated in Section 5 hereinabove, 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: MICHAEL A. COPELAND, CITY ATTORNEY By: __________________________________ S:\Our Documents\Ordinances\06\Solutient Geosciences-PSA-Landfill-Hydrogeoglogy-2006.doc 2 1DRAFT MINUTES PUBLIC UTILITIES BOARD 2 3October 23, 2006 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Presiding Officer of the Public Utilities Board convened into an Open Meeting on 7Monday, October 23, 2006 at 9:02 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10Chair Newell, Bill Cheek, Phil Gallivan, Bob Bland, Randy Robinson and Dick 11Smith (arrived at 9:19 a.m.). 12 13Ex Officio Member: 14Howard Martin, Interim City Manager 15 Absent: 16John Baines, excused 17 OPEN MEETING 18: 19 CONSENT AGENDA: 20 21The Public Utilities Board has received background information, staff’s recommendations, and 22has had an opportunity to raise questions regarding these items prior to consideration. 23 241) Consider recommending adoption of an Ordinance authorizing the City Manager or his 25designee to execute a purchase order with the Houston-Galveston Area Council of 26Governments (H-GAC) for the acquisition of two backhoes for the City of Denton Water 27Distribution Department by way of an Interlocal Agreement; and providing an effective date 28(File 3613-Interlocal Agreement for two backhoes with H-GAC awarded to Equipment 29Support Services, Inc. in the amount of $134,323.08). 30 312) Consider approval of a professional services agreement with Solutient GeoSciences, Inc. 32(Solutient) to prepare a landfill permit modification to the Texas Commission on 33Environmental Quality (TCEQ) for the addition of three new monitoring wells and the 34installation of the wells at the City’s Landfill in an amount not to exceed $30,805. 35 363) Consider recommending approval of a professional services agreement with Solutient 37GeoSciences, Inc. (Solutient) to supply the Solid Waste Department with hydro geological 38consulting and groundwater monitoring services at the City’s Landfill in an amount not to 39exceed $110,094. 40 414) Consider approval of a proposal between Coleman & Associates Land Surveying and the 42City of Denton to provide professional services for annual ground surveying services and 43reports at the city’s landfill in an amount not to exceed $30,000. 44 Board Member Randy Robinson moved to approve Item 1 through 4 with a second from 45 Board Member Phil Gallivan. The motion was approved by a 5-0 vote. 46 47 AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006 DEPARTMENT: Transportation Operations ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. TxDOT Project No. AM2007DNTON and TxDOT CSJ No. M718DNTON). Airport Advisory Board recommends approval 7-0. Mobility Committee forwarded Airport Advisory Board recommendation 3-0. BACKGROUND On February 18, 1997 the City of Denton entered into an agreement with the Texas Department of Transportation (TxDOT), Aviation Division, known as the Routine Airport Maintenance Program (RAMP). The RAMP grant provides for a fifty percent (50%) state- funding match to the local government sponsor. The 2007 grant is capped at $50,000 of available state assistance. This is an increase of $20,000 over the 2006 RAMP Grant. Airport Management is recommending utilizing $20,000 from the Radio Equipment Maintenance budget to provide the full local match of $50,000 to maximize leverage of grant funds. Airport Management has identified several maintenance projects that can be completed through this grant and are outlined in Exhibit A of the draft grant agreement. ESTIMATED SCHEDULE OF PROJECT TxDOT is requesting two signed copies of the agreement be returned expeditiously. The State must approve its share of funding prior to the start of the project and TxDOT has requested that all projects be completed by August 31, 2007. PRIOR ACTION/REVIEW The Airport Advisory Board recommends approval 7-0. The Mobility Committee voted 3- 0 to accept and forward the Airport Advisory Board recommendation to City Council. The City Attorney’s Office has reviewed the grant and prepared a draft ordinance. FISCAL INFORMATION The City’s fifty percent (50%) match of the $100,000 is $50,000. The Airport Budget currently has $30,000 budgeted for the annual grant. The Airport Budget can fund the remaining $20,000 local match from the Radio Equipment Maintenance budget. EXHIBITS 1. Ordinance 2. TxDOT Grant Agreement 3. Draft Airport Advisory Board Minutes 4. Draft Mobility Committee Minutes Respectfully submitted: Tim E. Whitman Airport Manager AGENDA INFORMATION SHEET AGENDA DATE: , November 72006 DEPARTMENT: Parks and Recreation ACM: Howard Martin, 349-8232 SUBJECT Consider a request for an exception to the Noise Ordinance for amplified sound for a party and musical concert to be held at the North Texas State Fairgrounds on December 9, 2006. The exception is specifically requested to extend the hours from 10:00 p.m. to 12:00 a.m. for amplified sound. BACKGROUND th This is a first time request for this citizen, Don Smith, to have a 50 birthday party for his wife at the North Texas State Fairgrounds. The event would include a live band playing music until 12:00 a.m. The noise decimals should not exceed the acceptable limit of 65. The amplified sound will be used for both music and announcements. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None EXHIBITS 1. Request Letter from Don Smith Respectfully submitted: Janet Fitzgerald, Director Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator 1 Û¨¸·¾·¬ ï AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance nunc pro tunc, correcting an inadvertent mistake in Ordinance No. 2005-224, specifically its amendment of Section 35.13.13.2 of the Denton Development Code; Providing for a penalty in the maximum amount of $2,000.00 for violation thereof; providing for severability, savings and supersede; and providing for an effective date. (DCA06-0019) BACKGROUND On August 16, 2005 City Council approved Ordinance No. 2005-224 which addresses land use standards and design standards for multiple family dwellings. When approved, the ordinance amended various sections within subchapters 5, 13, 14, and 23 of the Denton Development Code. In drafting the ordinance, specifically its definition in Section 35.13.13.2 of a proximity slope line, the ordinance failed to conform to the information provided to City Council at the meeting when the ordinance was adopted. Although proximity slope is defined in the ordinance, the process by which a proximity slope is applied to a building was not included in the ordinance. The purpose of the residential proximity slope is to protect residential structures from the scale and mass of new multi-family structures when constructed on adjacent property. These code corrections clarify how the proximity slope is applied to multi unit residential structures and when the proximity slope is applied. The attached ordinance corrects the previous draft in the sections noted, as well as adds two (2) graphic illustrations that further clarify the orientation requirements of the proximity slope. OPTIONS 1. Adopt amended Ordinance as presented. 2. Adopt amendments with minor changes. 3. Direct staff to prepare major changes and return to Council. 4.Deny the amendments. PRIOR ACTION/REVIEW August 16, 2005 City Council approved Ordinance No. 2005-224 EXHIBITS 1. Amended Ordinance 2. 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«°½±³·²¹ ³»»¬·²¹­ ¿²¼ñ±® ½±²º»®»²½»­ îò Ý´¿®·º·½¿¬·±² ±º ·¬»³­ ±² ¬¸» ¿¹»²¼¿ Ý·¬§ Ó¿²¿¹»® ݱ²¼«ºº ¼·¼ ²±¬ ¸¿ª» ¿²§ ·¬»³­ º±® ݱ«²½·´ò Ôò б­­·¾´» ݱ²¬·²«¿¬·±² ±º Ý´±­»¼ Ó»»¬·²¹ «²¼»® Í»½¬·±²­ ëëïòðéïóëëïòðèê ±º ¬¸» Ì»¨¿­ Ñ°»² Ó»»¬·²¹­ ß½¬ò ̸»®» ©¿­ ²± ½±²¬·²«¿¬·±² ±º ¬¸» Ý´±­»¼ Ó»»¬·²¹ò Óò Ѻº·½·¿´ ß½¬·±² ±² Ý´±­»¼ Ó»»¬·²¹ ׬»³ø­÷ «²¼»® Í»½¬·±²­ ëëïòðéïóëëïòðèê ±º ¬¸» Ì»¨¿­ Ñ°»² Ó»»¬·²¹­ ß½¬ò ̸»®» ©¿­ ²± ±ºº·½·¿´ ¿½¬·±² ±² Ý´±­»¼ Ó»»¬·²¹ ·¬»³­ò É·¬¸ ²± º«®¬¸»® ¾«­·²»­­ô ¬¸» ³»»¬·²¹ ©¿­ ¿¼¶±«®²»¼ ¿¬ çæðì °ò³ò ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÛËÔ×ÒÛ ÞÎÑÝÕ ÓßÇÑÎ Ý×ÌÇ ÑÚ ÜÛÒÌÑÒô ÌÛÈßÍ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÖßÒÛ Î×ÝØßÎÜÍÑÒ ßÍÍÌò Ý×ÌÇ ÍÛÝÎÛÌßÎÇ Ý×ÌÇ ÑÚ ÜÛÒÌÑÒô ÌÛÈßÍ Annual Planning Session of the City Council Minutes October 2, 2006 Civic Center Community Room – 8:30 a.m. Mayor McNeill talked about the retreat schedule. Interim City Manager Howard Martin and Assistant City Manager Jon Fortune reported updates of goals and objectives over the past year. Goals and Objectives discussed: Evaluate the need for an organizational efficiency study. Develop a Growth Management (Annexation) Policy, with contract assistance if necessary. Address anticipated development in north and west Denton. Concerned about Western Loop 288 without an annexation policy. Create an Arts Master Plan. Creative revenue policies for downtown projects. Criteria for new streets – White paper update in 30 to 45 days. Publicize Green Building information on Fire Station 7 and indicate that City working on being a “Green City”. Graffiti abatement – Requested information on companies that cover-up graffiti. Set Council Mini-retreat for January 16, 2007. Council met with new City Manager George Campbell and discussed duties and goals. Discussion with Interim City Manager and Assistant City Manager: Agenda items must have all backup materials included and not handed out at the meeting. Also provide hard copy of power point presentations. Public information request need to be handled in one location for distribution. Revisit the outsourcing of the tax collection. Short Term Goals set by Council: Farmer’s Market – will it continue to flourish. Animal Shelter Improvements. Regional Transportation. Martin Luther King Blvd. Utilize Gas Well funds. Health Improvement of employees – Education and Benefits. Paperless Government to include Boards, Commissions and Committees. Develop Impact Fees as part of General Fund Budget – Present a report. Connecting sidewalks at DISD schools, especially high schools. Update report. Make routine business routine. Efficiency in government. Long Term Goals set by Council: Transition to a non-profit animal shelter. Non-city owned Convention Conference Center. Transit Oriented District Developments. Regional Transportation. City of Denton City Council Minutes October 2, 2006 Page 2 Subsidy for new development. Procedures for handling massive growth (Growth Strategy Plan). Solution to Natatorium. Water Park & Natatorium as separate budget. Report back in 60 days. Development of Commercial Air Transportation. Other Issues Discussed: Weaknesses in some City Departments. Development of template of procedures for Committees and Boards. CIP Oversight Committee structure and duties. Discussion with Judge Robin Ramsay: Parking enforcement. Ticket collection and booting system. Red Light Cameras. Confusion on letter of location and mail address. Environmental Court Docket. Juvenile Truancy Docket. DISD needs to contribute for additional help. Code Enforcement Issues. Discussion with Assistant City Manager Jon Fortune: Fines to General Fund. Tax Collection Issues. Update on Fire Training Center. Replacement of Police Chief. Replacing Finance position. Discussion with City Attorney Ed Snyder: Summarize Legal Survey. Weekly report from City Secretary concerning public information request. With no further business, the meeting was adjourned at 4:45 p.m. ____________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS _____________________________ LINDA HOLLEY ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES October 3, 2006 After determining that a quorum was present, the City Council convened in a Work Session on . Tuesday, October 3, 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 direction regarding the CIP Oversight Committee’s recommendations. Mark Burroughs, Chair-CIP Oversight Committee, stated that there was a need for a lot of flexibility in the CIP program to adapt to changing situations. There was a need to recognize significant challenges dealing with severe overruns of costs of capital projects in this region. It was best to leverage funds as much as possible. A number of modifications were made due to these conditions. There were opportunities identified especially with the Highway 377 expansion. It appeared that the best usage was to include this project with the TxDot project and free up those funds to be reallocated within Denton. Cost overruns seem to be slacking somewhat as shown in new bids. Tolling for the Highway 121 project should provide significant funds for Denton County funding. The role of the Committee was to advise the Council and as projects were held up due to various funding reasons, it was important to have the Committee’s recommendations to be able to use the funding to the best use. A question was raised if the Committee had a unanimous consensus regarding the recommendations. Burroughs replied yes. 2. The Council received a report, held a discussion and gave staff direction on the annexation of land in the northwestern area of the City of Denton's extraterritorial jurisdiction generally located to the north of Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of Bonnie Brae Street; which may include without limitation an approximate 1199 acres tracts owned by Denton 288 LP. (A06-0005, Hills of Denton) Kelly Carpenter, Director of Planning and Development, stated that this was a voluntary annexation. She presented maps of the site location for Council to review and the proposed schedule of meetings for the annexation consideration. Consensus of the Council was to proceed with the voluntary annexation. 3. The Council received a report, held a discussion and gave staff direction related to abandoned trash and debris at the curb of vacant properties. Lancine Bentley, Area Program Manager, stated that neighborhood concerns regarding trash and debris left at the curb included giving the perception of neighborhood blight, spreading trash and debris, invited other violations and the length of time the problem persisted. Chapter 342 of the Texas Health and Safety Code and Chapter 20 of the Code of Ordinances regulated the current enforcement process. Both regulations provided for a 7-day abatement timeframe. The current abatement process was once a complaint was received, an inspector would investigate the complaint, issue a work order, contract removal with a private contractor and allow three days to clean the property. The property owners would then be invoiced for the contracted services. City of Denton City Council Minutes October 3, 2006 Page 2 Citations could be issued which could be paid or go to the Environmental Court for resolution. One potential option was to maintain the current 7-day abatement period. Pros for this option would allow the City to write a citation, contract for a cleanup, invoice for the cleanup, and if necessary, file a lien. A negative for this option was that there could be the perception that the City was not being expedient in remedying the problem. A second option was to shorten the abatement period to a 5-day period. A positive for this option was that it could be a somewhat more expedient process. Negatives for this option were that it eliminated the City’s ability to file a lien for non-payment of the contracted services per Chapter 342 of the Texas Health and Safety Code. With the shortened time frame a lien could not be filed against the property. A third option was to eliminate the abatement period. The positive for this option was that the trash and debris problem would be eliminated quickly. However, the negative with this option was that it would eliminate the City’s ability to file a lien for non-payment of contracted services and could possibly increase costs. It also could be perceived as a service the City offered instead of a violation. Council discussion included: Why was an outside contractor used? Bentley stated that a city crew could be used but that they currently contracted out both the mowing and cleanup services. Were more violations found in rental property? Bentley replied correct. Explore the possibility of changing the current electric deposit to a general deposit and retain it if the property had to be cleaned by city personnel for trash. Not all customers had deposits on file, as a statement from a previous utility indicating they were good customers would take the place of a deposit. The final objective was to keep trash from appearing on the curb at vacant properties. Consensus of the Council was to explore an option for quick removal and finance it through a general security deposit. 4. There were no requests for clarification of consent agenda items listed on the consent agenda for October 3, 2006. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:25 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section 551.071. 1. Legal advice concerning land use legal issues including multi- family, fair housing, vested rights, development exactions, annexations, and takings issues. 2. Consultation with the City’s attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton City of Denton City Council Minutes October 3, 2006 Page 3 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. Regular Meeting of the City Council on Tuesday, October 3, 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. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor McNeill presented proclamations for: Lions White Cane Day National Arts and Humanities Month Fire Prevention Week Charles Voellinger presented a petition to the Council regarding the saving of Fry Street. He stated the petition contained over 9000 signatures in an attempt to save an important part of the community. They did not want to see a plaque on the site where the historic building once stood. They encouraged the Council to extend the historic tax abatement to the new owners of the property. 3. CONSENT AGENDA A Comment Card was received from Robert Donnelly regarding Item 3C. He suggested placing the dollar amount of items on the Consent Agenda. He commented on the incidental fees associated with the lease. Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions. 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 October 3, 2006 Page 4 A. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1.Coe, Edwin & Allyson/Parker, DCAD Supplemental 2005$2,256.40 Charles & Kathryn Change 2. Coe, Edwin & Allyson/Parker, DCAD Supplemental 2004 $2,238.02 Charles & Kathryn Change 3.Parker, Charles & Kathryn DCAD Supplemental 2003$2,088.52 Change 4. Coe, Edwin & Allyson/Parker, DCAD Supplemental 2002 $2,015.73 Charles & Kathryn Change 5.Chase Home Finance/Ghaffari, Duplicate Payment 2005$ 903.28 Hakimeh 6. Daugherty Homes Inc Overpayment 2005 $ 666.19 B. R2006-036 - A resolution of the City of Denton, Texas, adopting the City of Denton's 2007 State Legislative Program for the 80th Texas Legislature; providing a repealer; and providing an effective date. C. 2006-294 - An ordinance of the City of Denton, Texas approving a lease amendment between the City of Denton and FMP Denton, L.P., for the City Hall in the Golden Triangle Mall; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement between the City and Fred Moore Day Nursery School to provide for improvements to the childcare facility at 821 Crosstimber Street, Denton, TX 76205; authorizing the expenditure of funds therefore, not to exceed $195,000; and providing for an effective date. Barbara Ross, Community Development Administrator, stated that this ordinance would approve an agreement with Fred Moore Day Nursery School with CDBG funds to make improvements at the school. The following ordinance was considered: NO. 2006-295 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND FRED MOORE DAY NURSERY SCHOOL TO PROVIDE FOR IMPROVEMENTS TO THE CHILDCARE FACILITY AT 821 CROSSTIMBER STREET, DENTON, TX 76205; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, NOT TO EXCEED $195,000; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes October 3, 2006 Page 5 Kamp motioned, Mulroy 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. B. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas approving an agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract, authorizing the City Manager to execute the agreement and to expend funds with respect to the agreement; not to exceed $140,000; and providing for an effective date. Barbara Ross, Community Development Administrator, stated that the contract was home investment partnership money by HUD. The Corporation served as the community development organization as requested by the federal government. The following ordinance was considered: NO. 2006-296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION; PROVIDING FOR THE TERMS OF SAID CONTRACT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TO EXPEND FUNDS WITH RESPECT TO THE AGREEMENT; NOT TO EXCEED $140,000; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Heggins 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 amending Ordinance No. 2006- 232 concerning amendments to the City Charter to correct a typographical error; providing a severability clause, providing an open meetings clause, and providing an effective date. Ed Snyder, City Attorney, stated that a minor typographical error had been found in the original ordinance but it did not impact any of the proposition wording. The following ordinance was considered: NO. 2006-297 AN ORDINANCE AMENDING ORDINANCE NO. 2006-232 CONCERNING AMENDMENTS TO THE CITY CHARTER TO CORRECT A TYPOGRAPHICAL ERROR; PROVIDING A SEVERABILITY CLAUSE, PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes October 3, 2006 Page 6 McElroy 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. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Robert Donnelly regarding city business. Mr. Donnelly stated that he appreciated the action taken by the City regarding the drainage work at a development site next to his property. The problem was that the drainage work they were doing did not meet code. There appeared to be a conflict between the Denton Development Code and the Drainage Criteria. He felt there was a need to follow the Code that was in existence. B. Bob Clifton regarding Denton Municipal Electric. Mr. Clifton presented information regarding the Denton Municipal Electric and the perceived corruption in city government. E. New Business The following items of New Business were suggested by Council for future agendas: Deputy Mayor Pro Tem Mulroy asked for a report regarding an analysis of the cost per square footage and common area for City Hall in the Mall. Council Member McElroy requested staff to check into Mr. Donnelly’s concerns regarding the code differences. Mayor Pro Tem Kamp asked for a report about the possibilities of a private entity being able to provide an animal shelter and donate it to the City. F. 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 did not have any items for the Council. G. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes October 3, 2006 Page 7 With no further business, the meeting was adjourned at 7:10 p.m. _________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS _________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES October 10, 2006 After determining that a quorum was present, the City Council convened in Closed Session on Tuesday, October 10, 2006 at 4:00 p.m. in the City 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. Council convened in Closed Meeting at 4:04 p.m. 1. Consultation with Attorney – Under Texas Government Code Section 551.071 1. Legal advice concerning public information requests and other legal matters related thereto. nd Following the completion of the Closed Session, the Council convened in a 2 Tuesday Session. 1. Council received reports from Council members regarding information received at various committee, board, or organization meetings attended by Council members. Mayor McNeill updated Council on the “fly-in” to Washington, D. C. He indicated that it was a great meeting with various representatives in Washington and was a well-organized trip. Issues discussed included immigration issues, the Wright Amendment, issues with the energy industry, banking industry, and transportation issues. Mayor McNeill updated Council on TMPA issues. TMPA was generating extra kilowatt-hours and the rail spur was proceeding on schedule. Mayor Pro Tem Kamp updated Council on the regional transportation issues, TxDot’s upcoming meeting, and an upcoming neighborhood meeting. Council Member Montgomery presented information on a Historic Landmark Commission meeting. The Committee was discussing a recommendation on how to use tax abatements for historic preservations with footprints and written recommendations. He also presented an update on a recent hotel/motel tax meeting. 2. The Council received a report, held a discussion, and gave staff direction regarding proposed changes to Chapter 6 of the Code of Ordinances relating to animals. Mayor McNeill stated that he would like to see a re-evaluation of the role of the Animal Shelter Advisory Board so that anything involved with animals would be directed toward that board. Lt. Scott Fletcher, Denton Police Department, stated that staff had been approached by the Denton Humane Society about proposed changes to the City’s current ordinances. Changes to be considered included: Advisory Board residency requirements. Currently the veterinarian position must be a resident of the city. It was suggested to eliminate that requirement if the veterinarian had City of Denton City Council Minutes October 10, 2006 Page 2 a practice in the city. It was also recommended to eliminate the residency requirement for the position of staff member on the Board. Restraining animals - the recommendation was to eliminate the use of short tethers by requiring a tether of at least 10’ when tied to an object, the use of a proper collar or harness and the proper tie down equipment. Animals in truck beds or open vehicles - a recommendation was considered to require animals to be tethered to a proper collar or harness and cross-tied to prevent injury. Rabies vaccinations - the recommendation was to allow for the acceptance of a 1 and 3 year vaccination. Protective Custody - currently the holding time for animals in protective custody was seven days. It was suggested to reduce that time to 96 hours for a uniform holding time for all animals except those in quarantine. Prohibited animals - it was recommended that bats be added to the list of prohibited animals plus strengthen the City’s authority to impound and enforce the current provisions. Animal auctions - the recommendation was to prohibit animals as prizes or auction items in fundraising. It would not apply to vouchers or coupons to be redeemed at the shelter. Registration - a recommendation was to waive the annual registration fee for micro- chipped animals in order to encourage the use of the device. Intact animal fee - an increase in the annual registration fee for intact animals was recommended. The recommendation was to develop a proposed ordinance with all of the above recommendations with the exception of the tethering in a truck bed. Council discussed the provision for animal auctions. It was suggested that that portion of the proposal be postponed with further research and discussions with major charity organizations for input. Consensus of the Council was to develop a proposed ordinance for Council consideration with the exception of the provision for the auction of animals. That item would be further researched. 3. The Council received a report, held a discussion and gave staff direction related to abandoned trash and debris at the curb of vacant properties. Lancine Bentley, Program Services Manager, presented the staff recommendations. (1) Maintain the current 7-day abatement timeframe for occupied properties. The property owners would be cited immediately for violations as allowed by Code with increased fines for nuisance violations. (2) Eliminate the abatement timeframe at vacant properties. The property owners would be cited City of Denton City Council Minutes October 10, 2006 Page 3 immediately for violations as allowed by Code. (3) Pass an ordinance providing for a special revenue fund to restrict the use of funds collected from Code Enforcement invoices and liens. An additional option to consider was to use a portion of the utility deposit to pay for contracted services. Problems associated with that option were that a majority of residential customers were exempt from the deposit; collection would be on 35,000 customers to abate approximately 50 properties annually; the existing utility deposit would not recoup the costs of the contracted services; and the City must comply with current utility standards set by Public Utility Commission. Council discussion – Can always cite either occupied or unoccupied properties. Use the legal waiting period time frame before contracting for cleanup and file a lien against the property owner. Work with occupied residences to get the violations taken care of. The current deposit was low based on what was left behind on a utility bill using that amount was not efficient. However, do not ignore that possibility in case there was some money left over on a deposit. City Attorney Snyder stated that the ordinance could be amended to indicate that the deposit not only covered outstanding utility bills but also abatement of trash/debris left on the property. Consensus of the Council was to proceed with an ordinance. Consider having solid waste pick up debris left on vacant property instead of having a contractor do it. Report back in six months on how the process was working. 4. The Council received a report, held a discussion and gave staff direction on the possible annexation of land located southwest of the City of Denton. The approximately 23.84 acre parcel was generally located at the northwest corner of I 35W and Robson Ranch Road. The parcel was a tract of land situated in the E. Pizano Survey Abstract No. 994, Denton Texas and being a part of tract of land described in a deed to Robson/35W Investors LP as recorded in County Clerk’s File No. 02-63784. Kelly Carpenter, Director of Planning and Development, presented details on the location of the proposed voluntary annexation. She reviewed the land use currently designated on the property. The completion of the annexation would be on February 13, 2007. Consensus of the Council was to proceed with the annexation as proposed. With no further business, the meeting was adjourned at 6:00 p.m. ____________________________ __________________________ PERRY R. MCNEILL JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES October 17, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 17, 2006 at 4:00 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 Council considered Item #3. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of October 17, 2006. Council Member McElroy asked for a clarification on Item 3A. He indicated that the backup was confusing on whether the contract was for $2 million for each portion of the contract or $2 million for the entire bid. Interim City Manager Martin indicated that the contract was cumulative for bid quantities over an annual basis. 1. The Council received a report, held a discussion and gave staff direction regarding a proposed multi-modal station and potential transit oriented development in Downtown Denton. Mayor McNeill stated that this was the first presentation on this proposal. He reminded everyone that this was not something that was set in stone at this point in time. Mayor Pro Tem Kamp stated that as chair of the Mobility Committee she wanted Council to see the entire vision of the proposal. The Committee had been working various entities and departments including DCTA, URS, transportation, and planning. Linda Ratliff, Director of Economic Development, stated that Paris Rutherford, URS, DCTA, the Greater Denton Arts Council, the Downtown Task Force, Historic Landmark Commission and the Economic Development Partnership Board were all invited to the meeting. Staff was looking for Council direction if this was the direction they wanted to go. Dennis Wilson presented information on transit-oriented development (TOD). He began with a definition of TOD. Key aspects of successful TODs included taking advantage of changing demographics; success without transit; enjoyable walking experiences; consolidated parking in shared lots or garages; and the reduction of the number of parking spaces. His presentation provided a more detailed analysis of these key aspects. Strategies for cities to capitalize on TODs included becoming an active partner through property consolidation and consolidated parking. Pete Coughlin relayed information on a prior transit project he had helped develop “South Side on Lamar”. Council discussion There were serious questions regarding the proposed location of the multi-modal station in regards to the current rail transit lines. City of Denton City Council Minutes October 17, 2006 Page 2 The facility should be a public building, which could not be done with the proposed plan. Public-private partnerships were a good option to consider. How could that be done in Denton? Ratliff responded that the City could work in conjunction with COG, try a TIF or incentive packages. Ratliff stated that the original site for the station was on city property across from City Hall East. A new consideration was to place the station in the Center for Visual Arts but a way to get the people to the station would be needed, as opposing tracks would be carrying freight train traffic. Mayor McNeill asked about the parking noted in the backup-whether it would be for the transit station or for shops. It was noted that it would be for both but that the primary parking location would be at the south Denton location. Council Member Thomson felt that parking should be in a more consolidated footprint and keep an opportunity for retail and residential development. He did not see that anywhere on the plans. It was noted that the primary purpose with DCTA was to bring rail to the city and not interfere with TOD development. A platform would be built for use by mixed-use developments. Mark Burroughs stated that there was a very real possibility for advancement of public arts policy and growth of the art district. He was concerned about the timing of projects that they might get out of control due the various natures of where they were coming from. It was vital to have an alternative location for the Center for Visual Arts ready before the start of the project. Deputy Mayor Pro Tem Mulroy stated that Council had not received a presentation regarding the use of the Center for Visual Arts for a multi-modal station. Mayor McNeill noted that there was nothing in the backup indicating that the Center for Visual Arts would be used. Mayor Pro Tem Kamp stated that the presentation was not intended to indicate what was going to be done with the Center for Visual Arts. She had wanted Council and others to see the vision of what could be done. Nothing was going to be done with the Center for Visual Arts before a plan was developed. Consensus of the Council was to have staff prepare a presentation on the potential use of the Center for Visual Arts as a multi-modal station with specifies on overpass/underpass options and potential sites and consequences associated with those sites 2. The Council received a report held a discussion and gave staff direction on an ordinance amending the Denton Development Code Subchapter 7 to create a new section for Master Planned Community (MPC) Districts.(DCA06-00005) Kelly Carpenter, Director of Planning and Development, reviewed the proposed amendments to the master planned community district. The three-part process included a conceptual/schematic phase, a zoning document, and development standards document. This was not a concept of a planned development but was for large 125+ acres or more for developments. There was a good process proposed for amendments in the draft ordinance. City of Denton City Council Minutes October 17, 2006 Page 3 Council discussion – It appeared that there could be potential problems by having separate documents for the master plan zoning documents and then trying to separate the timing. Any department could decide it needed to have more information before the zoning was allowed and then more documentation from the developers would be needed. Experience would tell if both documents needed to be in one document. A concern was expressed about the financial aspects for doing this. Carpenter indicated that the ordinance would require a cost impact analysis with the zoning document. It would address the base line data needed to provide for the developer’s agreements. It was a higher-level agreement that indicated who paid for what and when. Staff felt that the land use and development regulations should be together. Leverage was lost when the land use was separated from development regulations but the Planning and Zoning Commission was not in favor of keeping them together. A mandatory evaluation should be done if large-scale problems were noted after implementation. Developers were probably going to be forced into the standards document right away due to the number of questions that would arise. Administratively this was not the best way to do this. Consensus of the Council was to pass the ordinance as is but watch for problems. Regular Meeting of the City Council on Tuesday, October 17, 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. 2. PROCLAMATIONS/PRESENTATIONS There were no proclamations/presentations at this meeting. Council Member Heggins recognized students in the audience. Mayor McNeill acknowledged the help of the Fire Department in working with the Denton State School. 3. CONSENT AGENDA Montgomery motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. A. 2006-298 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, aggregate and lime for various City departments; providing for the expenditure of funds therefor; and providing an City of Denton City Council Minutes October 17, 2006 Page 4 effective date (Bid 3558 – Annual Contract for Sand, Soil, Aggregate and Lime awarded to the lowest responsible bidder for each item in the annual estimated amount of $2,000,000). B. 2006-299 - An ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Plano under Section 271.102 of the Local Government Code, for the purchase of irrigation equipment; providing for the expenditure of funds therefor; and providing an effective date (File 3607 – Interlocal Agreement for Irrigation Equipment with the City of Plano, contract awarded to Interspec, LLC in the estimated amount of $205,610). C. 2006-300 - An ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of seventeen police sedans; providing for the expenditure of funds therefor; and providing an effective date (File 3609 – Interlocal Agreement for Police Sedans with Tarrant County, contract awarded to Philpott Ford Inc. in the amount of $359,028.95). D. Approved the minutes of: September 12, 2006 September 19, 2006 September 26, 2006 4.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance granting approval of a sub-surface use of Cross Timbers Park for the purpose of oil and gas non- drilling/pooling agreement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). Janet Fitzgerald, Director of Parks and Recreation, stated that the ordinance would approve a natural gas and oil lease for a sub-surface use only. The Texas Parks and Wildlife Code required a public hearing whenever parkland was to be used in a manner outside the uses for a park. This would be a subsurface and off site drilling situation with no disturbance of the park. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-301 AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF CROSS TIMBERS PARK FOR THE PURPOSE OF OIL AND GAS NON- City of Denton City Council Minutes October 17, 2006 Page 5 DRILLING/POOLING AGREEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Heggins 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. B. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 5.61 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The property was generally located west of State School Road, north of the Oakmont II subdivision, and east of the Denton State School. (Z06-0020, Muir Addition) The Planning and Zoning Commission recommended approval (5-0). Kelly Carpenter, Director of Planning and Development, stated that the property was in an existing land use category of NR-2 with the request to change it to NRMU. The Planning and Zoning Commission had recommended approval with conditions. The Mayor opened the public hearing. th Thomas Muir, 203 North 9 Street, Sanger, indicated that he was the applicant for the project. He had held two public meetings with the area neighbors and homeowners associations. An overlay district that would restrict the uses to professional offices with a design compatible with the surrounding homes was proposed. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-302 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 5.61 ACRES, GENERALLY LOCATED WEST OF STATE SCHOOL ROAD, NORTH OF THE OAKMONT II SUBDIVISION, AND EAST OF THE DENTON STATE SCHOOL, IN THE CITY OF DENTON, DENTON COUNTY TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (A06-0020). McElroy 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 held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 2.0 acres of land from a Regional Center Commercial Neighborhood (RCC-N) zoning district to Regional Center Commercial Downtown (RCC-D) City of Denton City Council Minutes October 17, 2006 Page 6 zoning district. The property was located on the west side of I-35N north of Schuyler Drive. (Z06-0003, I-35 RV Center) The Planning and Zoning Commission recommended denial (4-1). :. NOTEA SUPERMAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL Kelly Carpenter, Director of Planning and Development, stated that this was a proposal for an extension of a current 6-acre parcel. Staff recommended approval, however, the Planning and Zoning Commission had recommended denial. The land use plan showed this area to be a regional center land use designation but the RCC designation did not allow RV uses. The Planning and Zoning Commission was concerned about the appearance of the actual parking areas as gravel could be used and how that would look from the I35 corridor. The Mayor opened the public hearing. Larry Reichhart, Spring Brook Planning Group, spoke for the applicant. He indicated that the applicant was willing to pave 50’ across the frontage area. Deputy Mayor Pro Tem Mulroy asked if the applicant would be willing to use paving stones rather than pavement. Reichhart replied that it would not be a problem. Deputy Mayor Pro Tem Mulroy asked if this proposal was on a critical time line path to complete. Reichhart replied the timing was not critical. The Mayor closed the public hearing. Mulroy motioned, Kamp seconded to remand the proposal back to the Planning and Zoning Commission for reconsideration as new information had been received regarding the frontage paving. 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 amending the Denton Development Code amending Subchapter 7 to create a new section for Master Planned Community (MPC) Districts. (DCA06-00005) The Planning and Zoning Commission recommended approval (5-0). Kelly Carpenter, Director of Planning and Development, stated that the master plan community district was designed for large-scale unified developments. It provided for two different categories. One was for a core area in the city with 125+ acres and a second category outside the core area of 300+ acres. There was also an appeal process for smaller acreage to use the district category. There were three parts to the category - conceptual/schematic, zoning document and a development phase. The district allowed for major and minor amendments with minor amendments considered at the staff level. The Planning and Zoning Commission had recommended approval. The Mayor opened the public hearing. Rod Zielke, representing Tomlin Investment, spoke in favor. He expressed concern with two issues concerning the three-part application and the way it was worded. As proposed the DRC, Commission or Council could request development standards at the same time. He suggested not allowing the DRC to request that information. The cost impact analysis section was very City of Denton City Council Minutes October 17, 2006 Page 7 difficult to interpret and potentially created a situation that would require much more information than needed at a zoning phase. Larry Reichhart, Spring Brook Planning Group, expressed concerns regarding the DRC’s ability to require development standards. The cost impact analysis had a very wide structure and was subject to interpretation. That was not needed during the zoning phase. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-303 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.7 AND 35.23 OF THE DENTON DEVELOPMENT CODE PERTAINING TO MASTER PLANNED COMMUNITIES; PROVIDING FOR A PENALTY CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF’ AND PROVIDING FOR AN EFFECTIVE DATE. (DCA06-0005) Mulroy motioned, Heggins 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. E. The Council held the first of two public hearings to consider the voluntary annexation and service plan for approximately 1.9 acres into the corporate city limits of the City of Denton, Texas. The property was generally located in the southeastern area of the City of Denton's extraterritorial jurisdiction on Teasley Lane and Old Alton Road legally described as a part of a 5.41-acre tract of land situated in the J.C. Baker Survey, Abstract 47, Denton County, Texas.(A06-0002, Corinth Substation Annexation) Kelly Carpenter, Director of Planning and Development, stated that the annexation was for 1.9 acres with an application to build an electrical substation on the parcel for TXU. The adjacent property owners were asked if they wanted to be included in the annexation but all declined. No action by Council was needed at this meeting. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed public hearing. No action by Council was required at this time. F. The Council held the first of two public hearings to consider the voluntary annexation and service plan for approximately 33 acres. The property to be annexed was generally located in the northwestern area of the City of Denton’s Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Branch Road and legally described as Lot 2 of the Marriott Garden Addition.(Lot 2 of the Marriott Garden Addition Annexation, A06-0004) City of Denton City Council Minutes October 17, 2006 Page 8 Deputy Mayor Pro Tem Mulroy left the meeting with conflict of interest. Kelly Carpenter, Director of Planning and Development, stated that this was a voluntary annexation pursuant to a default in a contract the property owner had with the City based on a past attempt at annexation. If the provisions of the contract were violated, the property would be subject to a voluntary annexation. Staff had addressed the property owners to the north and east of this annexation to see if they wanted to be part of the annexation. Denton County, with property to the north, expressed a desire to be annexed but had notified the City too late in the process to be included in this annexation. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action by Council was needed at this point in time. Deputy Mayor Pro Tem Mulroy returned to the meeting. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered nominations/appointments to the City’s Boards and Commissions. Council Member Thomson nominated Patrice Lyke to the Planning and Zoning Commission. He motioned, Kamp seconded to suspend the rules to allow Council to vote on the nomination at this meeting. On roll vote to suspend the rules, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. On roll vote to approve the nomination contingent upon Ms. Lyke resigning from the Parks, Beautification and Recreation Board, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. B. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Robert Donnelly regarding development problems. Mr. Donnelly thanked the Engineering staff in helping with his concerns about a development adjoining his property. He was still concerned about the pipe size and material being used for the drainage pipe at the development. He had no follow-up from the City and the development was continuing to put in that type of pipe. The building permit was given prior to off-site storm water development in place. He suggested the city consider a bond by developers for when citizen experience damage to their property due to development. City of Denton City Council Minutes October 17, 2006 Page 9 B. Bob Clifton regarding city business. Mr. Clifton stated that two weeks ago he had indicated that the City was out of control. The TCEQ had issued four violations to DME for environmental concerns. He continued expressing his concerns regarding DME. C. Carolyn Phillips regarding certified and qualified Black firefighter candidate rejection. Ms. Phillips stated that she knew of a Black firefighter candidate who had been rejected for consideration in Denton. That candidate was currently an active firefighter, an EMT and a paramedic. She requested that the Council look at the firefighter hiring practices and in particular the mechanical aptitude section of the test. D. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. E. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. F. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. G. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth expressed his concern again that there were no Black firefighters hired in the recent hiring of 15 firefighters. He felt the City wanted to keep the status quo in the fire department. Qualified applicants were available but the City did not want them. He indicated that he would look into pursuing legal means to stop violating the civil rights of Black fire fighters. H. Larry Luce regarding code enforcement - trash in driveways and beside houses, cars in yards. Mr. Luce expressed concern about a neighborhood that was deteriorating. That area was north of East McKinney, east of the railroad tracks and this side of Mulkey. He had complained to Code Enforcement but nothing happened to change the situation. Code Enforcement did go out to the property but the problem just seemed to keep coming back. C. New Business The following items of New Business were suggested by Council Member for future agendas: City of Denton City Council Minutes October 17, 2006 Page 10 Council Member Heggins requested that the City Manager look into the possibility of renaming the Civic Center Park to Quakertown Park. Mayor McNeill requested a follow-up on the firefighter issue from a legal standpoint noting the events that occurred D. Items from the City Manager Interim City Manager Martin did not have any items for Council. E. There was no Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act at this meeting. F. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:00 p.m. ______________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES October 24, 2006 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Tuesday, October 24, 2006 at 6:30 p.m. in the Council Chambers at City. PRESENT: Mayor Pro Tem Kamp; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: Mayor McNeill; Deputy Mayor Pro Tem Mulroy 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PUBLIC HEARINGS A. The Council held the second of two public hearings to consider the voluntary annexation and service plan for approximately 2 acres. The property to be annexed was generally located in the southeastern area of the City of Denton's extraterritorial jurisdiction on Teasley Lane and Old Alton Road.(A06-0002, Corinth Substation) Kelly Carpenter, Director of Planning and Development, stated that this was the second public hearing on this voluntary annexation. The applicant, Masterplan, was proposing to construct an electrical substation for TXU. The Mayor Pro Tem opened the public hearing. Council Member Montgomery asked the applicant if the company would be willing to place a historical marker on the site in honor of an event involving Sam Houston. William Cothrum, representing the applicant, indicated he would present the idea to Masterplan and TXU. The Mayor Pro Tem closed the public hearing. No action was required by Council at this time. B. The Council held the second of two public hearings to consider the voluntary annexation and service plan for approximately 33 acres. The property to be annexed was generally located in the northwestern area of the City of Denton’s Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Branch Road and legally described as Lot 2 of the Marriott Garden Addition.(Lot 2 of the Marriott Garden Addition Annexation, A06-0004) Kelly Carpenter, Director of Planning and Development, stated that this was a voluntary annexation due to a breach in a contract between JVC Partners, Marriott Rental Inc., and the City of Denton. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. City of Denton City Council Minutes October 24, 2006 Page 2 The Mayor Pro Tem closed the public hearing. No action was required by Council at this time. With no further business, the meeting was adjourned at 6:40 p.m. _________________________________ PETE KAMP MAYOR PRO TEM CITY OF DENTON, TEXAS __________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006 DEPARTMENT: Planning and Development Department ACM: Howard Martin, 349-8232 _______________________________________________________________________ SUBJECT Z06-0024 (Teasley Professional Plaza) Hold a public hearing and consider the adoption of a ordinance concerning the rezoning of approximately 3.5 acres from a Neighborhood Residential-2 (NR-2) zoning district to a Neighborhood Residential Mixed use (NRMU) zoning district with an overlay district. The property is located at the northwest corner of Teasley Lane and Lillian Miller Boulevard. P&Z recommends approval (5-0). BACKGROUND Applicant: Irwin Realty Group Denton, TX The applicant is requesting to rezone approximately 3.5 acres of property from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district to develop an office park. The proposed overlay district will limit the permitted uses to professional services and offices, administrative or research facilities, and medical centers and provide site design standards to protect the surrounding neighborhoods. (See Exhibit 1 Staff Analysis.) The rezoning request was first brought before the Denton Planning and Zoning Commission on September 13, 2006. The Commission voted to table the item until the October 11 meeting to allow the applicant to meet with the residents of the surrounding neighborhoods and address some of the concerns expressed at the September 13, 2006 public hearing. Minutes from both Planning and Zoning Commission meetings are attached as Exhibits 8 and 9. The applicant met with the neighborhood residents again on October 2, 2006 and found additional points of compromise that are reflected in the current proposal for the overlay district. The applicant removed community services as a permitted use, increased architectural standards, committed to clear and grade each lot as it develops to enable the preservation of more trees on the site, will locate dumpsters no closer than 100 feet from residential property and limit the total number of dumpsters on the site, provide an eight foot (8’) cedar fence along the western boundary of the property, and provide detention ponds as needed on the site with the locations being outside of the required 30 foot buffer if possible. Public notification and property owner responses are provided in Exhibit 5. As of this writing, staff has received 5 responses from property owners within 200 feet of the subject site in opposition to the request. Five responses in support and two neutral responses were also received. Property owners in opposition represent 19% of the land area within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the rezoning request (5-0). PRIOR ACTION/REVIEW (Council, Boards, Commissions) The property was platted in October 1993 as Block B, Lot 1 of the Hunters Ridge Addition. No other development applications for the subject site have been submitted. EXHIBITS 1. Staff Analysis 2. Location Map 3. Zoning Map 4. Future Land Use Map 5. Public Notification Map 6. Site Photographs 7. Letter of Intent 8. Planning and Zoning Commission Minutes - September 13, 2006 9. Planning and Zoning Commission Minutes – October 10, 2006 10. Letters of Opposition 11. Ordinance Respectfully submitted, Kelly Carpenter, AICP Planning and Development Director Prepared by Lori Shelton, AICP Planner II EXHIBIT 1 Staff Analysis Summary of Zoning Request The applicant is requesting to rezone approximately 3.5 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district to restrict the land uses and provide site design standards to protect the surrounding neighborhoods. The property is located on the northwest corner of Teasley Lane and Lillian Miller Boulevard and is located within an Existing Land Use future land use designation. The proposed overlay district will include the following provisions: 1. Permitted uses are limited to professional services and offices, administrative or research facilities, and medical centers. No animal research is permitted. 2. All buildings shall be single story construction. Additional architectural standards will include that all roofs shall be pitched and have a maximum of a 10/12 pitch and a minimum of a 6/12 pitch. All construction shall be a residential style and should blend with the surrounding neighborhoods. 3. All buildings shall be 9,000 square feet or less in gross size. 4. The commercial development will use no name association of the surrounding neighborhoods. 5. Lighting will be either flood lights or pole lights that will not exceed 6 feet in height and will meet the regulations provided in Section 35.13.12 Light and Glare Performance Requirements of the Denton Development Code. 6. A buffer zone of 30 feet will be maintained adjacent to the north and west property lines. The buffer will be pervious, heavily landscaped, professionally designed and will include evergreen shrubs and trees. The property owner will provide 1 large canopy tree every 30 linear feet and 2 native understory trees every 30 linear feet within the buffer zone. 7. The buffer zone will be included in the individual lots and owned by the individual property owners and developed and installed as each lot develops. The buffer will be maintained by a professional property management company through a property owners association. The association will be in place prior to the issuance of any Certificate of Occupancy. 8. All buildings will have a minimum of 80% masonry distributed evenly on all sides of the buildings 9. All dumpsters shall be located at least 100 feet from all residential property. The developer will provide the minimum number of dumpsters that is allowed by the solid waste department standards. The solid waste department permits shared dumpsters. Estimates show four dumpsters required for this project. 10. The applicant will provide an 8 foot high cedar fence with aluminum posts along the western property line. The posts of the fence will face the commercial development. The fence will only be constructed adjacent to those lots where the homeowners have given permission for the fence construction. 11. The applicant will provide detention ponds on the site as needed and approved by the city to help relieve existing runoff to the adjacent residential lots. The developer will place the detention ponds outside of the required buffer zones if possible. In addition to the requirements of the overlay district, the development shall meet all Denton Development Codes requirements. Existing Condition of Property The property is currently vacant and is platted as part of the Ewing Addition. Adjacent zoning: North: Neighborhood Residential 2 (NR-2) Single family residential – Hunters Ridge Addn. South: Neighborhood Residential Mixed Use (NRMU) Commercial development East: Neighborhood Residential Mixed Use (NRMU) Commercial development West: – Neighborhood Residential 3 (NR-3) Single family residentialEllison Park Addn. Comprehensive Plan Analysis “Existing Neighborhoods/Infill Compatibility” The subject site is located in an future land use area. New development in this district should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. The proposed commercial development is consistent with the comprehensive plan. It will provide neighborhood services to the surrounding residential subdivisions and will be consistent with other commercial development in the immediate area. The proposed overlay district provides restrictions to land use that ensures compatibility with the existing neighborhood. Development Review Analysis Access Access to the subject site is available from both Teasley Lane and Lillian Miller Boulevard. Exact locations of drives will be determined during the building permit process. Development review staff will review the site plan for compliance with the Denton Development Code and other applicable regulations. Access from Lillian Miller Boulevard will require a TxDOT permit. Public Infrastructure Public utilities are available to serve the site. Development Code / Zoning Analysis The current Neighborhood Residential 2 (NR-2) zoning district allows the following land uses: Agriculture Single family at 2 residential units per acre Community homes for the disabled Home occupations Outdoor recreation Kennels Veterinary Clinics Gas Wells Parks and open space Churches Other uses may be permitted with specific use permits The proposed overlay district will restrict the uses in the proposed NRMU zoning to: Professional services and offices Administrative or research facilities Medical centers The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: General Regulations NR-2NRMU Minimum front yard setback 20 feet None Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet None Minimum rear yard 10 feet None The following limits apply to all buildings: General Regulations NR-2NRMU Maximum lot coverage 30%80% Minimum landscaped area 70%20% Maximum building height 40 feet 65 feet 10 feet 20 feet plus 1 plus 1 foot for foot for eacheach Minimum yard when abutting a single- foot of foot of family use or district buildingbuilding heightheight aboveabove 20 feet 20 feet In addition to the standards shown above for NRMU and the site design standards provided in Subchapter 13 of the Denton Development Code, the site design standards listed above under the heading “Summary of Zoning Request” will be provided in the overlay district. EXHIIBIT 2 Location Map SUBJECT SITE CVS DRUG STORE EXHIBIT 3 Zoning Map SUBJECT SITE EXHIBIT 4 Future Land Use Map Existing Land Use SUBJECT SITE EXHIBIT 5 Public Notification Map íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØîÚÉÎÛØË   iñØÖÜÑïÎÉÔÚØÊÊØÏÉÇÔÜúØËÉÔ×ÔØÙðÜÔÑ   iúÎÈËÉØÊÄïÎÉÔÚØÊÐÜÔÑØÙ  ïÈÐÛØËÎ×ËØÊÍÎÏÊØÊÉÎ iñØÖÜÑïÎÉÔÚØ  ôÏîÍÍÎÊÔÉÔÎÏ ôÏ÷ÜÇÎË ïØÈÉËÜÑ éÕØËØÊÍÎÏÊØÊÔÏÎÍÍÎÊÔÉÔÎÏËØÍËØÊØÏÉ Î× ÉÕØÑÜÏÙÜËØÜÆÔÉÕÔÏ iÎ×ÉÕØÊÔÉØ A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 EXHIBIT 6 Site Photographs Looking north across Teasley Lane Looking southwest across Lillian Miller Boulevard EXHIBIT 7 Letter of Intent ÛÈØ×Þ×Ì ïð Ô»¬¬»®­ ±º Ñ°°±­·¬·±² AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006 DEPARTMENT: Parks and Recreation Department ACM: Howard Martin, 349-8232 _______________________________________________________________________ SUBJECT Hold a public hearing and consider the adoption of an ordinance granting approval of a portion of the Denton Branch Rail/Trail generally from mile post 721.5 to 729.5 for the purpose of a public commuter rail service in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. Park, Recreation and Beautification Board recommendsapproval by a vote of (6-0). BACKGROUND The Denton County Transportation Authority (DCTA) has requested the use of parkland for the purpose stated, in order to construct the rail commuter railroad from downtown Denton to Carrollton to connect with the Dallas Area Rapid Transit (DART) light rail line. In 1992 City Council passed Resolution # R92-016, March 24, 1992 in support of applying for Rail Banking of the proposed MKT rail line. The City of Denton applied for interim trail use for the MKT rail line between mileposts 721.5 and 729.5 to be rail banked for future transportation purposes and used as a recreational trail. The ICC issued a Decision, Docket No. AB-3 (Sub-No. 99X), April 15, 1992, and served April 27, 1992, officially authorized the UP to discontinue operation over the railroad line. The Commission imposed a rail-bank interim trail use condition with the decision pursuant to Section 8(d) of the National Trails System Act 16 U.S.C. ~ 1247(d). In 1993 City Council authorizes the City Manager to purchasethe rail line from Union PacificRailroad by City Ordinance 93-117, June 29, 1993.On July 2, 1993, the Line Sale Contract with the Missouri Pacific Railroad, a Union Pacific subsidiary was signed and a Quit Claim Deed was issued to the City of Denton for the 8 miles of right of way for interim trail use. The Deed filed with Denton County Clerk, 93-R0058485, August 8, 1993. October 1993, the City of Denton submitted a grant application through the North Central Texas Council of Governments for funding through the Federal Intermodal Surface Transportation Efficiency Act (ISTEA) to begin construction of a rail trail. Grant application was for $435,000. The ISTEA grant application was selected for funding in April, 1994. TXDOT let bids for Denton Branch Rail project March 8, 2000. Construction started May 2000 for development of pedestrian, roadway crossings and reconstruction of railroad trestles into trail bridges. TXDOT project completed February 2001. City of Denton Parks crew completed application of crushed limestone to trail surface funded by TP&WD grant May 2001. Trail Dedicated and ribbon cutting at Alternate Transportation Day, May 22, 2001. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter." Parks and Recreation Department and the Denton County Transit Authority staff have reviewed all possible alternatives. These alternatives included: 1. Apply to the Federal Surface Transportation Board to revert the rail-banked right of way back to a railroad. This option is not feasible in regard to timing for administrative and public hearings to obtaining federal grants for assistance in the construction of the rail commuter line to meet the construction schedule of the DART light rail line at Carrollton. 2. Select another route through the city that would not use the Denton Branch Rail Trail. An extensive routing study was conducted by DCTA in 2005 to determine the most effective route to serve the citizens with rail commuter service. Two routes were considered, the Denton Branch Rail Trail and the KCS railroad line in the southwest section of Denton. The KCS railroad route is not a feasible and prudent alternative, per the extensive routing study conducted by DCTA in 2005 for reason it would not serve the largest population base in Denton County and into downtown Denton. 3. Re-construct the Denton Branch Rail Trail pedestrian-bicycle trail along side the proposed rail line and grant a railroad easement on the former MKT railroad alignment to DCTA. This option appears to be the most feasible and prudent to meet the goals of providing Rail Commuter service from Denton into Dallas area and continue to maintain the ability to provide recreational use and alternate transportation opportunities to Denton citizens. OPTIONS City Council may approve or deny the recommendation to enter into a Memorandum of Understanding to allow a railroad easement on the Denton Branch Rail Trail, select another option outlined above, or request staff to submit an alternative not listed. RECOMMENDATION After reviewing all alternatives, staff recommends approval of option 3 to reconstruct the Denton Branch Rail Trail on the right of way next to the proposed DCTA rail commuter railroad. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin 2009. PRIOR ACTION/REVIEW The Parks and Recreation Board considered this item October 2, 2006. The Parks and Recreation Board recommends approval by a vote of 6 to 0. FISCAL INFORMATION Compensation related to this use will be the in-kind re-construction of the trail. It is reasonable to expect that improvements directly related to programs and/or facilities on the Denton Branch Rail Trail will be provided if approved. BID INFORMATION Not applicable EXHIBITS: 1. Ordinance 2. Maps 3. DCTA letter of request for easement 4. Design Elements and Guidelines 5. Park Board Minutes of October 2, 2006. 6. Mobility Committee Minutes of October 20, 2006 Respectfully Submitted: Janet Fitzgerald, Director Parks and Recreation Department Prepared by: Bob Tickner, Superintendent Parks and Recreation Department Û¨¸·¾·¬ ï DentonBranchRailTrail Mileposts721.5-729.5 HickoryStreet,MP721.5 ¯ PowerPlant DentonBranchRailTrail rightofway § ¨¦ I-35E CityofDenton DentonBranchRailTrail rightofway ShadyShores CityofCorinth Walton BurlStreet,MP729.5 § ¨¦ I-35E SwisherRdFM2181 DentonBranchRailTrail CityLimitline Û¨¸·¾·¬ î Û¨¸·¾·¬ í Û¨¸·¾·¬ ì DRAFT Parks, Recreation and Beautification Board Minutes October 2, 2006 Civic Center Conference Room Members present: Patrice Lyke, Reggie Heard, Allyson Coe, Teresa Andress, Jo Kuhn, Ross Richardson, and Carol Brantley. Staff present: Janet Fitzgerald, Bob Tickner, Emerson Vorel, Janie McLeod, Amanda Green, and Nicole Vance. Others present: Scott Neeley with Denton County Transportation Authority (DCTA). Chair Teresa Andress called the meeting to order at 6:02 p.m. Awards and Recognitions - None Approval of Minutes of September 11, 2006 – The minutes stood as written. ACTION ITEMS Proposed Off-Site Gas Well Leasing of Cross Timbers Park– Bob said gas companies have requested consideration of off-site sub-surface use of Cross Timbers Park in order to drill for oil and natural gas deposits. Bob said that after reviewing all other alternatives, staff recommends approval of the use of Cross Timbers Park for off-site oil and gas leasing. There will be no major impact on current park operations or programs. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. Action : Jo Kuhn made a motion to accept staff’s recommendation to approve the use of Cross Timbers Park for off-site oil and gas leasing. Reggie Heard seconded the motion and it was approved with a 6-0 vote. DCTA Railroad Easement on Rail Trail – Bob said the Denton County Transportation Authority (DCTA) has requested the use of parkland to construct the rail commuter railroad from downtown Denton to Carrollton to connect with the Dallas Area Rapid Transit (DART) light rail line. Staffs recommends re-constructing the Denton Branch Rail Trail pedestrian-bicycle trail along side the proposed rail line and grant a railroad easement on the former MKT Railroad alignment to DCTA. This appears to be the most feasible and prudent to meet the goals of providing rail commuter service from Denton into Dallas area and continue to maintain the ability to provide recreational use and alternate transportation opportunities to Denton citizens. Û¨¸·¾·¬ ë Jo Kuhn asked DCTA how the rail line and trail would be separated to provide adequate safety to trail users. Scott Neeley responded that DCTA would construct a fence and use landscaping to separate the two uses. Teresa Andress asked what material would be used to construct the trail. Scott responded the trial would most likely be concrete or asphalt. Scott commented that design documents were only 10% complete at this time and would be wiling to bring them to the Park Board for review when they were further along. Janet asked Scott Neely to bring them at 50% completion for Park Board’s review. A “Memorandum of Understanding” will be developed between the City and DCTA outlining details of the final easement agreement. This Memorandum will be provided to the Park Board at the November 6, 2006, meeting prior to the City Council public hearing and authorization to proceed. ACTION: Allyson made a motion to recommend approval of an easement on the Denton Branch Rail Trail with the stipulation that DCTA will bring design documents of the proposed rail and trail to the Park Board for review and reserves the right to review the Memorandum of Understanding and the schematic of the landscape. Ross seconded the motion and it passed with a vote of 6-0. Carol Brantley arrived at the meeting. – North Lakes Park Gas Well Lease Extension AgreementBob said that the Parks Board considered and approved a recommendation to City Council for authorizing the City to enter into a lease agreement with Joint Resources Drilling Company for natural gas well extraction from an offsite location at North Lakes Park in 2002. Joint Resources now doing business under the name Range Resources Corporation is requesting a four-month extension to allow time to schedule a drilling and get all the approvals and clearances from the City and the Texas Railroad Commission. For this extension, they are offering a consideration of $30,000 for the period to March 4, 2007. Jo Kuhn asked where the revenue from the extension would go and how it would be used. Janet explained that Council had directed Finance to establish a separate fund, independent of General Fund to hold revenue from gas and oil well leasing. They have further indicated that these funds may be considered for one-time projects requiring Council approval Jo Kuhn stated that she thought it was important for the Board communicate to Council that it is the desire of the Park Board that revenue collected from park land be used for improvements to parks and not other city projects. ACTION: Jo Kuhn made a motion to recommend approval of the extension and asked that consideration for the funds from the gas lease agreement be used for one-time projects related to the parks. Allyson Coe seconded the motion and it was passed with a vote of 7-0. DISCUSSION ITEMS Senior Center Expansion Planning – Bob said the five-year Capital Improvement Bond program passed in January 2005 is phased over the five years with projects coming available for funding through the period. The $1.9 million Senior Center project is funded in three different financial years. The first fiscal year 2006 begins the planning process with $195,000 budgeted. In fiscal year 2007, $400,000 is authorized and in the third year of funding, 2008, $1,305,000 is provided. Staff is in the process of issuing a Request for Proposals to planning and architecture firms for a total evaluation of the Denton Senior Center programming, space needs and type of facilities that will be needed in the future to keep pace with the growth of Denton. The feasibility study will determine facility and site issues related to expansion at the existing site and provide a number of solutions for consideration. It is expected that the consultant will consider solutions beyond expansion of the existing facility as well. Terry Frushour has agreed to serve as the representative of Denton Senior Center Advisory Board throughout the process and will work closely with staff. Janet stated that staff would communicate regularly with Senior Center participants throughout the process. DIRECTOR’S REPORT Project Status Report – Bob commented that the Avondale Park bridge project is moving forward. Keep Denton Beautiful – Nicole gave an update of the KDB activities. There being no further business, the meeting was adjourned at 7:13 p.m. DRAFT MINUTES 1 City Council Mobility Committee 2 Friday, October 20, 2006 3 4 After determining that a quorum of the Mobility Committee of the Denton City Council was 5 present, the Chair of the Committee on the Mobility convened into an Open Meeting on Friday, 6 October 20, 2006 at 8:02 a.m. in the City Council Work Session room, 215 E. McKinney Street, 7 Denton, Texas. 8 9 Present: Chair Kamp, Mayor Perry McNeill and Council Member Bob Montgomery 10 11 : Ex Officio Members 12 Jim Coulter, Director Water Wastewater 13 Mark Nelson, Chief Transportation Officer 14 15 Also Present: Frank Payne, City Engineer 16 Bob Tickner, Parks and Recreation Superintendent 17 Brian Lockley, Planner IV 18 Ron Menguita, Planner II 19 John Polster, ITS 20 Ann Forsythe, Secretary 21 22 3) Receive a report, hold a discussion and provide a recommendation on a railroad easement for 23 DCTA on the rails-to-trails rail corridor. 24 25 Mark Nelson handed out a rough draft of a Memorandum of Understanding for the Committee to 26 review. The document basically stated that the City would enter into good faith negotiation for 27 an easement with DCTA. The MOU would be a non-binding agreement that allows DCTA to 28 submit documentation to the Federal Transit Administration as part of their grant application 29 process indicating DCTA is working with land owners to secure right-of-way. 30 31 Nelson then asked Bob Tickner, Parks and Recreation Supervisor, to present this item. 32 33 Tickner provided a history of the request by DCTA for a railroad easement on the current 34 Denton Branch Rail Trail alignment. Back in the 1990’s the City envisioned the need to acquire 35 the right-of-way from the Union Pacific Railroad for trails purposes. The railroads, through an 36 instrument called the National Trails Act, could walk away from right-of-ways they were no 37 longer using and could do so without declaring abandonment. The City acquired the full length 38 of the easement for the sum of $10,000. Although there is an encumbrance on the deed, which 39 states that any railroad can take it back, the process to do so would require the railroads going 40 back to the Surface Transportation Board as well a public hearings and paper work necessary to 41 reclaim the right-of-way. 42 43 After evaluating options, staff’s recommendation was approval of Option 3, which was to 44 reconstruct the Denton Branch Rail Trail pedestrian-bicycle trail along side the proposed rail line 45 and grant a railroad easement on the former MKT railroad alignment to DCTA. 46 47 48 Û¨¸·¾·¬ ê 1 Draft Minutes of the Mobility Committee Meeting 2 October 20, 2006 3 Page 2 of 2 4 5 Mayor McNeill asked about the possibility of the railroad coming back and reclaiming the right- 6 of-way. Tickner stated that the Union Pacific Railroad had sold 50 miles of lines to DART and 7 back in 2001 realized they no longer owned the right-of-way and sold the right of reversion to 8 DART. DART would be required to follow the same process as the railroads to reinstate a 9 railroad. 10 11 McNeill asked if we entered into the MOU, what would be the liability, if we lease to DCTA and 12 there is a wreck. Tickner stated he believed the City’s attorneys would be aware and would 13 address that concern. 14 15 Mayor McNeill motioned to approve with a second from Council Member Montgomery. 16 The motion was approved by a 3-0 vote . 17 18 The meeting was adjourned by consensus at 9:44 a.m. 19 AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006 DEPARTMENT: Transportation Operations ACM: Howard Martin, 349-8232 _______________________________________________________________________ SUBJECT Consider adoption of an ordinance approving a memorandum of understanding between the City of Denton and the Denton County Transportation Authority regarding the use of a portion of the Denton Branch Rail/Trail from Mile Post 721.5 to 729.5 for the purpose of public commuter rail service; and providing an effective date. Mobility Committee recommends approval 3-0. BACKGROUND The Denton County Transportation Authority (DCTA) has requested the use of parkland for the purpose of providing public transportation services in Denton County. Specifically, DCTA is planning to construct a commuter rail line from downtown Denton to Carrollton to connect with the Dallas Area Rapid Transit (DART) light rail line. DCTA has identified the former Missouri, Kansas and Texas (MKT) rail corridor as the most efficient route to provide this service. In 1993 the City of Denton purchased the MKT rail line between mileposts 721.5 and 729.5 from the Union Pacific Railroad by Ordinance 93-117 for interim trail use. The City of Denton Parks and Recreation Department subsequently developed a hike and bike trail along the corridor known as the Denton Branch Rail Trail. In August 2006, DCTA initiated discussions with the City of Denton to consider the use of the corridor for the proposed commuter rail service connecting Denton to the DART system in Carrollton. As part of the grant application process with the Federal Transit Administration (FTA), DCTA will need to demonstrate they have easements in place or are working with property owners to secure rail easements for the proposed commuter rail corridor. DCTA and Denton staff is proposing a memorandum of understanding (MOU) that will be a non-binding agreement demonstrating the parties’ intent to utilize the Denton Branch Rail Trail for purposes of providing commuter rail service. Because this will change the recreational use of the trail, a public hearing will be held in conformance to Chapter 26 of the Texas Parks and Wildlife Code. Furthermore, reasonable planning will be incorporated into the project to minimize the impact to the land and recreational use. DCTA has indicated that as part of any future rail easement, DCTA will re-construct the Denton Branch Rail Trail pedestrian-bicycle trail along side the proposed rail line to maintain recreational value of the corridor. DCTA has also agreed to bring 50% plans for the proposed commuter rail line and relocated Rail Trail back to the Denton Parks and Recreation Board for review when available. The final agreement will also ensure that Denton Water Utilities will maintain access to the raw water pipeline located in the current Rail Trail corridor and to maintain access to a utility easement generally located adjacent to the Rail Trail corridor. OPTIONS 1. Approve the MOU as proposed. 2. Provide staff with additional direction on the MOU and proposed easement. 3. Deny DCTA access to the corridor for the purpose of providing commuter rail service. RECOMMENDATION The Mobility Committee recommends approval of Option 1, 3-0. ESTIMATED SCHEDULE OF PROJECT MOU scheduled for DCTA Board consideration for November 16, 2006 ¼ DCTA has targeted December 15, 2006 to submit draft environmental impact study and FTA ¼ application for grant funding. Construction is projected to begin in 2009. ¼ PRIOR ACTION/REVIEW The Parks and Recreation Board recommended approval of providing a railroad easement along the corridor on October 2, 2006. The Mobility Committee recommended approval of the MOU on October 20, 2006. The Parks and Recreation Board will review the proposed MOU at their November 6, 2006 meeting. FISCAL INFORMATION Compensation related to this use will be the in-kind re-construction of the trail. It is reasonable to expect that improvements directly related to programs and/or facilities on the Denton Branch Rail Trail will be provided if approved. EXHIBITS: 1. Ordinance 2. MOU 3. DCTA Letter of Request for Easement 4. Draft Mobility Committee, October 20, 2006 5. Park Board Minutes of October 2, 2006 Respectfully Submitted: Mark Nelson Chief Transportation Officer Û¨¸·¾·¬ î Û¨¸·¾·¬ í DRAFT MINUTES 1 City Council Mobility Committee 2 Friday, October 20, 2006 3 4 After determining that a quorum of the Mobility Committee of the Denton City Council was 5 present, the Chair of the Committee on the Mobility convened into an Open Meeting on Friday, 6 October 20, 2006 at 8:02 a.m. in the City Council Work Session room, 215 E. McKinney Street, 7 Denton, Texas. 8 9 Present: Chair Kamp, Mayor Perry McNeill and Council Member Bob Montgomery 10 11 : Ex Officio Members 12 Jim Coulter, Director Water Wastewater 13 Mark Nelson, Chief Transportation Officer 14 15 Also Present: Frank Payne, City Engineer 16 Bob Tickner, Parks and Recreation Superintendent 17 Brian Lockley, Planner IV 18 Ron Menguita, Planner II 19 John Polster, ITS 20 Ann Forsythe, Secretary 21 22 3) Receive a report, hold a discussion and provide a recommendation on a railroad easement for 23 DCTA on the rails-to-trails rail corridor. 24 25 Mark Nelson handed out a rough draft of a Memorandum of Understanding for the Committee to 26 review. The document basically stated that the City would enter into good faith negotiation for 27 an easement with DCTA. The MOU would be a non-binding agreement that allows DCTA to 28 submit documentation to the Federal Transit Administration as part of their grant application 29 process indicating DCTA is working with land owners to secure right-of-way. 30 31 Nelson then asked Bob Tickner, Parks and Recreation Supervisor, to present this item. 32 33 Tickner provided a history of the request by DCTA for a railroad easement on the current 34 Denton Branch Rail Trail alignment. Back in the 1990’s the City envisioned the need to acquire 35 the right-of-way from the Union Pacific Railroad for trails purposes. The railroads, through an 36 instrument called the National Trails Act, could walk away from right-of-ways they were no 37 longer using and could do so without declaring abandonment. The City acquired the full length 38 of the easement for the sum of $10,000. Although there is an encumbrance on the deed, which 39 states that any railroad can take it back, the process to do so would require the railroads going 40 back to the Surface Transportation Board as well a public hearings and paper work necessary to 41 reclaim the right-of-way. 42 43 After evaluating options, staff’s recommendation was approval of Option 3, which was to 44 reconstruct the Denton Branch Rail Trail pedestrian-bicycle trail along side the proposed rail line 45 and grant a railroad easement on the former MKT railroad alignment to DCTA. 46 47 48 Û¨¸·¾·¬ ì 1 Draft Minutes of the Mobility Committee Meeting 2 October 20, 2006 3 Page 2 of 2 4 5 Mayor McNeill asked about the possibility of the railroad coming back and reclaiming the right- 6 of-way. Tickner stated that the Union Pacific Railroad had sold 50 miles of lines to DART and 7 back in 2001 realized they no longer owned the right-of-way and sold the right of reversion to 8 DART. DART would be required to follow the same process as the railroads to reinstate a 9 railroad. 10 11 McNeill asked if we entered into the MOU, what would be the liability, if we lease to DCTA and 12 there is a wreck. Tickner stated he believed the City’s attorneys would be aware and would 13 address that concern. 14 15 Mayor McNeill motioned to approve with a second from Council Member Montgomery. 16 The motion was approved by a 3-0 vote . 17 18 The meeting was adjourned by consensus at 9:44 a.m. 19 DRAFT Parks, Recreation and Beautification Board Minutes October 2, 2006 Civic Center Conference Room Members present: Patrice Lyke, Reggie Heard, Allyson Coe, Teresa Andress, Jo Kuhn, Ross Richardson, and Carol Brantley. Staff present: Janet Fitzgerald, Bob Tickner, Emerson Vorel, Janie McLeod, Amanda Green, and Nicole Vance. Others present: Scott Neeley with Denton County Transportation Authority (DCTA). Chair Teresa Andress called the meeting to order at 6:02 p.m. Awards and Recognitions - None Approval of Minutes of September 11, 2006 – The minutes stood as written. ACTION ITEMS Proposed Off-Site Gas Well Leasing of Cross Timbers Park– Bob said gas companies have requested consideration of off-site sub-surface use of Cross Timbers Park in order to drill for oil and natural gas deposits. Bob said that after reviewing all other alternatives, staff recommends approval of the use of Cross Timbers Park for off-site oil and gas leasing. There will be no major impact on current park operations or programs. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. Action : Jo Kuhn made a motion to accept staff’s recommendation to approve the use of Cross Timbers Park for off-site oil and gas leasing. Reggie Heard seconded the motion and it was approved with a 6-0 vote. DCTA Railroad Easement on Rail Trail – Bob said the Denton County Transportation Authority (DCTA) has requested the use of parkland to construct the rail commuter railroad from downtown Denton to Carrollton to connect with the Dallas Area Rapid Transit (DART) light rail line. Staff recommends re-constructing the Denton Branch Rail Trail pedestrian-bicycle trail along side the proposed rail line and grant a railroad easement on the former MKT Railroad alignment to DCTA. This appears to be the most feasible and prudent to meet the goals of providing rail commuter service from Denton into Dallas area and continue to maintain the ability to provide recreational use and alternate transportation opportunities to Denton citizens. Û¨¸·¾·¬ ë Jo Kuhn asked DCTA how the rail line and trail would be separated to provide adequate safety to trail users. Scott Neeley responded that DCTA would construct a fence and use landscaping to separate the two uses. Teresa Andress asked what material would be used to construct the trail. Scott responded the trial would most likely be concrete or asphalt. Scott commented that design documents were only 10% complete at this time and would be wiling to bring them to the Park Board for review when they were further along. Janet asked Scott Neely to bring them at 50% completion for Park Board’s review. A “Memorandum of Understanding” will be developed between the City and DCTA outlining details of the final easement agreement. This Memorandum will be provided to the Park Board at the November 6, 2006, meeting prior to the City Council public hearing and authorization to proceed. ACTION: Allyson made a motion to recommend approval of an easement on the Denton Branch Rail Trail with the stipulation that DCTA will bring design documents of the proposed rail and trail to the Park Board for review and reserves the right to review the Memorandum of Understanding and the schematic of the landscape. Ross seconded the motion and it passed with a vote of 6-0. Carol Brantley arrived at the meeting. – North Lakes Park Gas Well Lease Extension AgreementBob said that the Parks Board considered and approved a recommendation to City Council for authorizing the City to enter into a lease agreement with Joint Resources Drilling Company for natural gas well extraction from an offsite location at North Lakes Park in 2002. Joint Resources now doing business under the name Range Resources Corporation is requesting a four-month extension to allow time to schedule a drilling and get all the approvals and clearances from the City and the Texas Railroad Commission. For this extension, they are offering a consideration of $30,000 for the period to March 4, 2007. Jo Kuhn asked where the revenue from the extension would go and how it would be used. Janet explained that Council had directed Finance to establish a separate fund, independent of General Fund to hold revenue from gas and oil well leasing. They have further indicated that these funds may be considered for one-time projects requiring Council approval Jo Kuhn stated that she thought it was important for the Board communicate to Council that it is the desire of the Park Board that revenue collected from park land be used for improvements to parks and not other city projects. ACTION: Jo Kuhn made a motion to recommend approval of the extension and asked that consideration for the funds from the gas lease agreement be used for one-time projects related to the parks. Allyson Coe seconded the motion and it was passed with a vote of 7-0. DISCUSSION ITEMS Senior Center Expansion Planning – Bob said the five-year Capital Improvement Bond program passed in January 2005 is phased over the five years with projects coming available for funding through the period. The $1.9 million Senior Center project is funded in three different financial years. The first fiscal year 2006 begins the planning process with $195,000 budgeted. In fiscal year 2007, $400,000 is authorized and in the third year of funding, 2008, $1,305,000 is provided. Staff is in the process of issuing a Request for Proposals to planning and architecture firms for a total evaluation of the Denton Senior Center programming, space needs and type of facilities that will be needed in the future to keep pace with the growth of Denton. The feasibility study will determine facility and site issues related to expansion at the existing site and provide a number of solutions for consideration. It is expected that the consultant will consider solutions beyond expansion of the existing facility as well. Terry Frushour has agreed to serve as the representative of Denton Senior Center Advisory Board throughout the process and will work closely with staff. Janet stated that staff would communicate regularly with Senior Center participants throughout the process. DIRECTOR’S REPORT Project Status Report – Bob commented that the Avondale Park bridge project is moving forward. Keep Denton Beautiful – Nicole gave an update of the KDB activities. There being no further business, the meeting was adjourned at 7:13 p.m. AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006 DEPARTMENT: Fiscal Operations ACM: Jon Fortune SUBJECT Consider approval of a Resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. BACKGROUND The Appraisal Review Board (ARB) is a body specifically charged with the responsibility of reviewing protested appraisal records. They meet primarily between May and July and as needed thereafter. Members of the ARB serve two-year staggered terms. Approximately half the member’s terms expire each year. Terms begin January 1. Nominations to this Board are provided by the taxing jurisdictions and appointed by the Denton Central Appraisal District (DCAD) Board of Directors by a majority vote. City Council may submit as many nominations as they desire. Attached is a brief summary of qualifications for appointment to the ARB, and a questionnaire. Nominees must complete and return the questionnaire to the DCAD by November 15, 2006. The Board of Directors is scheduled to make their selection during their December meeting. A list of the current members is also attached. There are eleven members whose terms will expire in December 2006. Two of the eleven members, John Solberg (Denton) and James Dear (Aubrey), have served all or part of three previous terms and are ineligible for reappointment. The DCAD Board of Directors is requesting nominations for these two vacancies. Fred Williams has chosen not to serve another term. The remaining eight members with expiring terms are eligible for reappointment. FISCAL INFORMATION There is no fiscal impact to the City. Agenda Information Sheet November 7, 2006 Page 2 EXHIBITS Appraisal Review Board Information 2006 Appraisal Review Board Members Resolution Respectfully submitted: Jon Fortune Assistant City Manager APPRAISAL REVIEW BOARD Qualifications To serve on the Appraisal Review Board (ARB), you must have lived in the appraisal district for at least two years before taking office. You don’t need any special qualifications. The Comptroller’s office will provide a course for training ARB members. All ARB members must complete the course to participate in ARB hearings. Persons Ineligible 1. Those who have served all or part of three previous terms on the ARB. 2. Current or former members of the board of directors, officers, or employees of the appraisal district. 3. Those who serve or have served as a member of the governing body or officer th of a taxing unit for which the appraisal district appraises property, until the 4 anniversary of the date the person ceased to be a member or officer. (Our attorney has interpreted an officer to be a member of a Planning and Zoning Board, a member of a Zoning Board of Adjustments, an election official or any officer that has decision-making authority for any entity that the Appraisal District serves.) 4. Those who have ever appeared before the ARB for compensation or if a relative appears, or their work product is used before the ARB for compensation. 5. Employees of the Comptroller’s Office or a taxing unit. 6. Those who contract with the appraisal district or with a taxing unit that participates in the appraisal district. Also, if the person or a business entity in which the person has a substantial interest contracts with the appraisal district or a taxing unit that participates in the appraisal district. 7. Those with Delinquent Property Taxes. Appointment The Board of Directors will appoint ARB members by a majority vote and record their decision in a resolution. Terms begin January 1. Members serve two-year staggered terms; approximately half the member’s terms expire each year. ARB Compensation The ARB receives a $75.00 minimum for a half day and a maximum pay of $150.00 per day. ARB Meetings Beginning in January, the ARB will meet on the third Wednesday of each month. (Except in May, June and July) Meetings are held at the offices of Denton CAD. ARB reappraisal hearings will start on a daily basis, as needed, from late May until the appraisal roll is approved usually in late July. Meetings will normally be from 9:00 A.M. to 5:00 P.M. Currently the ARB meets one night a week in May, June, and July. Appraisal Review Board Questionnaire The Board of Directors of the Denton Central Appraisal District is considering you as a possible member of the Appraisal Review Board. The Board of Directors will choose members for a two- year term. The selection will be made at the next Board meeting. Would you please answer the following questions and return to the District as soon as possible. Name _____________________________________ Address _____________________________________ Address _____________________________________ Phone _____________________________________ Nominating Jurisdiction ______________________________ 1. Would you be willing to serve? ___________________________ (Beginning in January, the ARB will meet on the third Wednesday of each month. (Except in May, June, and July) ARB reappraisal hearings will start on a daily basis from late May until late July from 9:00 A.M. to 5:00 P.M. 2. Have you ever been an officer or employee of the appraisal district? __________________ 3. Have you ever served on the appraisal district’s board of directors? _______________ 4. Have you ever been a member of the governing body or an officer of a taxing unit for th which the appraisal district appraises property?______ If so, has it been the 4 anniversary of the date you ceased to be a member or officer? _________ 5. Have you ever appeared before the ARB for compensation? ________ 6. How long have you resided in Denton County? _________________ 7. Occupation_______________________________________________ 8. Do you have any prior experiences serving on an appraisal review board or any board that has to do with property value? _______________________ 9. Could you make a decision based on evidence rather than feelings for the taxpayer? ______________________________________________ 10. The property tax code requires that all property be valued at 100% of market value. Could you keep this in mind throughout the proceedings?_____________________ 11. Would you be willing to work nights and weekends if necessary? ______________ The Board of Directors will notify you of their decision. Board of Directors Denton Central Appraisal District Denton Central Appraisal District 3911 Morse Street, P O Box 2816 Denton, Texas 76202-2816 (940) 349-3800 2006 APPRAISAL REVIEW BOARD CURRENT TERM EXPIRES TERM BEGINS TERM ENDS st 1. Original Term - Jan. 2001 12/31/2006 1 Term: 01/01/2001 12/31/2002 nd JOHN SOLBERG 2 Term: 01/01/2003 12/31/2004 rd 2244 Stonegate 3 Term: 01/01/2005 12/31/2006 Denton, TX 76205 940-387-3089 st 2. Original Term – April, 2001 12/31/2006 1 Term: 04/01/2001 12/31/2002 nd JAMES M. DEAR 2 Term: 01/01/2003 12/31/2004 rd 5122 – FM 2931 3 Term: 01/01/2005 12/31/2006 Aubrey, TX 76227 940-365-9596 st 3. Original Term – January 2002 12/31/2007 1 Term: 01/01/2002 12/31/2003 nd BILL JAMES 2 Term: 01/01/2004 12/31/2005 rd 3601 Derby Run `3 Term: 01/01/2006 12/31/2007 Corinth, TX 76210 940-321-1117 st 4. Original Term – January 2002 12/31/2007 1 Term: 01/01/2002 12/31/2003 nd JACK WEIR 2 Term: 01/01/2004 12/31/2005 rd 1212 Vista Verde 3 Term: 01/01/2006 12/31/2007 Denton, TX 76210 940-484-8302 st 5. Original Term – January 2003 12/31/2006 1 Term: 01/01/2003 12/31/2004 nd PATRICIA STEELE 2 Term: 01/01/2005 12/31/2006 rd 3507 Buckingham 3 Term: Corinth, TX 76210 940-498-9406 st 6. Original Term – January 2003 12/31/2006 1 Term: 01/01/2003 12/31/2004 nd SHIRLEY HAISLER 2 Term: 01/01/2005 12/31/2006 rd 1200 Cowling Rd. 3 Term: Sanger, TX 76266 940-458-3678 st 7. Original Term – January 2003 12/31/2007 1 Term: 01/01/2003 12/31/2003 nd HOWARD CREAMER 2 Term: 01/01/2004 12/31/2005 rd P.O. Box 289 3 Term: 01/01/2006 12/31/2007 Little Elm, TX 75068 972-292-2212 CURRENT TERM EXPIRES TERM BEGINS TERM ENDS st 8. Original Term – January 2003 12/31/2007 1 Term: 01/01/2003 12/31/2003 nd WILLIAM SINCLAIR 2 Term: 01/01/2004 12/31/2005 rd No. 52 Hidden Valley Rd. 3 Term: 01/01/2006 12/31/2007 Shady Shores, TX 76208 940-321-3686 st 9. Original Term – January 2003 12/31/2007 1 Term: 01/01/2003 12/31/2003 nd PATRICK CARR, JR. 2 Term: 01/01/2004 12/31/2005 rd 1116 Trophy Club Dr. 3 Term: 01/01/2006 12/31/2007 Trophy Club, TX 76262 817-491-1153 st 10. Original Term – January 2003 12/31/2006 1 Term: 01/01/2003 12/31/2004 nd HURL SCRUGGS, JR. 2 Term: 01/01/2005 12/31/2006 rd 712 Knollridge Dr. 3 Term: Lewisville, TX 75067 972-221-4323 st 11. Original Term – January 2003 12/31/2006 1 Term: 01/01/2003 12/31/2004 nd BETTY MCCRARY 2 Term: 01/01/2005 12/31/2006 rd 1474 College Parkway 3 Term: Lewisville, TX 75077 972-221-1965 st 12. Original Term - January 2003 12/31/2006 1 Term: 01/01/2003 12/31/2004 nd FRED M. WILLIAMS 2 Term: 01/01/2005 12/31/2006 rd 2704 Devonshire Dr., 3 Term: Carrollton, TX 75007 972-245-5060 st 13. Original Term - January 2002 12/31/2006 1 Term: 01/01/2002 12/31/2003 nd LOUIS HALL 2 Term: 01/01/2005 12/31/2006 rd 717 E. Roewe St. 3 Term: Pilot Point, TX 76258 940-686-0062 st 14. Original Term - January 2005 12/31/2006 1 Term: 01/01/2005 12/31/2006 nd WILLIAM E. HOSKINS 2 Term: rd 4305 Essex Ct.. 3 Term: Flower Mound, TX 75028 972-539-7574 AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006 DEPARTMENT: City Manager’s Office CM: George Campbell, City Manager SUBJECT Consider appointing a voting delegate and an alternate voting delegate to the National League of Cities Annual Congress of Cities. BACKGROUND The National League of Cities Annual Business Meeting will be held on Saturday, December 9, 2006 at the Congress of Cities in Reno, Nevada. The City of Denton is entitled to cast two votes at the Annual Business Meeting and the delegate(s) must be present to vote. Consideration of the voting delegate and alternate voting delegate should include whether the individual is able to remain a day longer at the conference to participate in the business meeting. Respectfully submitted: Jennifer Walters City Secretary AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2006 DEPARTMENT: City Manager’s Office CM: , George CampbellCity Manager SUBJECT Consider nominations/appointments to the City’s Boards and Commissions. BACKGROUND Patrice Lyke as resigned from the Parks, Beautification and Recreation Board. This is a nomination for Council Member Thomson. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\Agenda Items\Board-Commission vacancies.doc