HomeMy WebLinkAboutFebruary 6, 2007 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
February 6, 2007
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, February 6, 2007 at 4:30 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
1. Receive a report, hold discussion and give direction to staff concerning Police Alarm
Permit Fees.
2. Receive a report, hold a discussion and gIve staff direction regarding the Airport
Terminal Proj ect.
3. Receive a report and give staff direction regarding Loop 288 Traffic.
4. Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of February 6, 2007.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE
Section 551.071.
1. Consultation with the City's attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
associated with annexation of real property in the City's northern ETJ,
under annexation case no. A05-0002, along with other legal issues related
to the annexation, zoning, land use and subdivision controls, plat
applications, annexation plans, development agreements, annexation
agreements, service plans, utility service, and legal issues relating to the
creation of special districts in the ETJ requested by JNC and White Cake
Denton, L.P. A public discussion of these legal matters would conflict
with the duty of the City's attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas or
would jeopardize the City's legal position in any administrative
proceedings or potential litigation.
2. Legal advice concerning potential litigation against the Comptroller of
Public Accounts of the State of Texas regarding sales tax allocation issues
and discussion of confidential sales tax data as it relates to potential legal
challenges for sales tax allocations.
City of Denton City Council Agenda
February 6, 2007
Page 2
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING
WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS
GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR
VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF S551.086 OF
THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOV'T. CODE, S551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY
ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED
MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION S551.071-551.086 OF THE TEXAS OPEN
MEETINGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, February 6, 2007 at 6:30 p.m.
in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B . Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/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 - L). 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 - L below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of ready mix concrete and Portland cement for
various City departments; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3696-Annual Contract for Ready Mix Concrete
and Portland Cement awarded to the lowest responsible bidder for each section in
the estimated cumulative annual amount of $1,000,000).
City of Denton City Council Agenda
February 6, 2007
Page 3
B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to the Lower Colorado River Authority (LCRA) and Texas
Municipal Power Agency (TMP A) for providing energy transmission services to
the City of Denton; and providing an effective date (File 3717-2006 Electrical
Energy Transmission Fees-Lower Colorado River Authority in the amount of
$295,074 and Texas Municipal Power Agency in the amount of $40,245 for a
total award of$335,319). The Public Utilities Board recommends approval (6-0).
C. 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 three cab/chassis and two
bodies for refuse trucks for the Solid Waste Department, and two dump trucks for
the Water/Wastewater Department by way of an Interlocal Agreement with the
City of Denton; and providing an effective date (File 3702-Interlocal Agreement
for the purchase of Heavy Trucks for Various Utility Departments awarded to
Rush Truck Centers of TX in the amount of $567,059, and McNeilus Truck and
Manufacturing in the amount of $162,340, for a total award of $729,399
excluding the Buy Board fee). The Public Utilities Board recommends approval
( 4-0).
D. 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 four bucket trucks for
Denton Municipal Electric by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 3 711-Interlocal Agreement for the
Purchase of Four Bucket Trucks for Denton Municipal Electric awarded to
Philpott Ford in the amount of $337,836). The Public Utilities Board
recommends approval (6-0).
E. Consider adoption of an ordinance of the City of Denton, Texas accepting
competitive sealed bids and awarding a best value contract for collection services
for various City of Denton departments; authorizing the expenditure of funds
therefor; and providing an effective date (Bid 3624-awarded to Credit Systems
International, Inc.). The Public Utilities Board recommends approval (4-0).
F. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the Anderson Street Repaving
Project for the City of Denton; providing for the expenditure of funds therefor;
and providing an effective date (Bid 3585-Anderson Street Repaving awarded to
Quality Excavation Ltd. in an amount not to exceed $104,709.10).
G. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for street milling services for the City of Denton Street
Department; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3685- Two- Year Contract for Street Milling Services awarded
to the lowest responsible bidder meeting specification, Dustrol, Inc., in the
estimated cumulative annual amount of $210,000).
City of Denton City Council Agenda
February 6, 2007
Page 4
H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute on behalf of the City of Denton Amendment No.3 to an
Airport Project Participation Agreement with the Texas Department of
Transportation dated January 8, 2002 relating to the construction of improvements
at the Denton Municipal Airport and approving terminal project costs not to
exceed $1,689,142; and declaring an effective date.
I. Consider approval of a resolution adopting the City of Denton's fiscal year 2008
Congressional Priority Projects for the 110th Congress, and providing an effective
date.
J. Consider adoption of an ordinance ordering an election to be held in the City of
Denton, Texas, on May 12,2007, and if a runoff election is required, on June 16,
2007, for the purpose of electing council members to Places 1, 2, 3, and 4 of the
City Council of the City of Denton, Texas; designating voting places and
appointing election officials; providing for bilingual notice of the election;
ordering that an electronic voting system be used; making additional provisions
for the conduct thereof; providing an open meetings clause; and providing for an
effective date.
K. Consider approval of the minutes of:
January 9, 2007
January 10, 2007
January 16,2007
L. Consider approval of a resolution allowing Metzler Food and Beverage to be the
sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras
on February 17, 2007, upon certain conditions; authorizing the City Manager or
his designee to execute an agreement in conformity with this resolution; and
providing for an effective date. The Chair of the Parks, Recreation and
Beautification Board will be making a positive recommendation to the Board at
its meeting of February 5, 2007.
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance regarding a Detailed
Plan for a portion of Tract C of Planned Development District No. 132 (PD-132).
The subject property contains approximately 10.3 acres and is located at the
northeast corner of Shady Shores Road and the Rails to Trails right-of-way, west
of Swisher Road. The Planning and Zoning Commission recommends approval
(6-1). (206-0027, Preserve at Pecan Creek Apartments)
B. Hold a public hearing and consider adoption of an ordinance regarding the
rezoning of approximately 30 acres from a Neighborhood Residential 2 (NR-2) to
a Neighborhood Residential 3 (NR-3) zoning district, with an overlay district.
The subject property is generally located at the southwest corner of Hinkle Drive
and Windsor Street. The Planning and Zoning Commission recommends
approval (6-0). (206-0014, Parkside Meadows)
City of Denton City Council Agenda
February 6, 2007
Page 5
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance renaming the Civic Center Park, and declaring
an effective date. The Parks, Recreation and Beautification Board recommends
approval (6-0).
B. Consider adoption of an ordinance on second and final reading to voluntarily
annex approximately 1.9 acres into the corporate city limits of the City of Denton,
Texas. The property is 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. The Planning and Zoning Commission
recommends approval (7-0). (A 06-0002, Corinth Substation Annexation)
C. Consider nominations/appointments to the City's Boards and Commissions.
1. Human Services Advisory Committee - Mayor Pro Tern Kamp
2. Traffic Safety Commission - Council Member Heggins
3. Public Art Committee - Council Member Heggins
4. Animal Shelter Advisory Committee - Council Member Thomson
D. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Linda Knowles regarding red light at Wood and McKinney.
B. Jordan Hudspeth regarding concerns of Southeast Denton.
C. Lanisha Hudspeth regarding concerns of Southeast Denton.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
E. Willie Hudspeth regarding concerns of Southeast Denton.
F. Robert Donnelly regarding the Development Code.
E. New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
F. City Manager's Report
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Agenda
February 6, 2007
Page 6
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 ,2007 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: February 6, 2007
DEPARTMENT: Police
ACM:
Jon Fortune
ff
SUBJECT
Receive a report, hold discussion, and gIve staff direction concerning Police Alarm
Permit Fees.
BACKGROUND
Police Officers respond to about 5,000 alarms a year in the city. One or two officers
respond to the scene, search the area for evidence of forced entry or other crimes, then
take appropriate action based on their findings, including notifying the owner or
representative if appropriate. If the building is secure and no reason for the alarm is
found, communications is notified.
On August 2, 1988, the City Council passed Ordinance 88-130, which created regulations
for the use and operation of alarm systems within the city. The ordinance required the
issuance of a permit and set fees for false alarms. While the ordinance required a permit
to operate an alarm system, it required no alarm permit fee.
On November 5, 1991, Chapter 4 of the Alarm Ordinance was amended to require
apartment complex owners to be responsible for apartment unit violations and to increase
the allowable number of false alarms from three to five false alarms in one calendar year.
Our research could not find the reason why this change was made. The permit holder
was billed $50 for each false alarm after the fifth alarm. Robbery/Panic false alarms were
billed $75 for the first false alarm, $100 for the second false alarm and $200 for each
additional false alarm in a calendar year. The fees approved by this ordinance are still in
effect today.
In July 2004, the City Council was asked to amend Chapter 4 of the alarm ordinance to
establish an annual time period for alarm permits and to establish the collection of an
annual alarm permit fee. Ordinance 2004-214 approved these changes. A companion
ordinance, 2004-213, established the annual permit fee at $20. Information provided
with this ordinance request indicated that the Police Department responded to over 5,000
alarm calls in 2003. Very often the contact information from the original application was
outdated or incorrect. This required the officers to spend more time at these locations
while attempts were made to contact owners or representatives. The department believed
that an annual renewal of the alarm permit would provide better information on each
location. A $20 annual fee would assist in some cost recovery for police response and
administrative expense.
Indeed, the practice of administering alarm permit fees is common throughout the
Metroplex. In December 2006, the department conducted a survey of our benchmark
cities in the Metroplex (Attachment A). All cities surveyed required an alarm permit and
all required a fee. Our $20 permit fee is in line with several cities. Two of the cities
required $50 permit fees, the maximum amount allowable under the Texas Local
Government Code. All of the cities, except one, required a fee for false alarms.
The Records Section of the department is responsible for the permit letters and billing of
police false alarm fees. Upon approval of the annual permit fee, initial letters were sent
to alarm permit holders in August 2004. Permit and false alarm billing continued through
January 2005. During this time period several different issues required the full attention
of existing staff, to address, among other things, a backlog of data entry in our Criminal
Justice Information System. No permit application letters or billing of false alarm fees
occurred during this time. Beginning in October 2006, the Records Section was able to
begin the issuance of the permit applications, renewal letters, and the billing of false
alarm fees. To date, permit application/renewal letters have been mailed in October,
November, December 2006, and January 2007.
Attachment B shows an analysis of the costs and staff time involved in the delivery of the
alarm response service. Using the revenue generated by permit fees and false alarm fees
and also using the estimated costs of officer time spent responding to alarms and the
administrative costs of maintaining the database and billing, the department lost an
average of$13,473 per year (between 2002 and 2006) responding to alarms.
FY 02-03 03-04 04-05 05-06 Averages
Estimated cost spent
on all alarms $46,203 $43,051 $46,099 $41 ,257 $44,153
Total revenue $31,200 $27,900 $54,529 $9,090 $30,680
-$15,003 -$1 5, 1 51 $8,430 -$32,167 -$13,473
Further analysis, however, shows that the bulk of the cost is rooted infalse alarm calls.
False alarms are those that were caused by operator error or some other technical problem
with the alarm system. For the years between 2002 and 2006, 80% of the alarms called
into Denton PD were deemed false. This runs contrary to the fact that of the revenue
generated in FY 2004-05 (the one good year we have reliable data), permit fees alone
generated 62% of the income and false alarm fees only generated 38% of the income.
The department estimates that the annual administrative costs to coordinate alarm permit
activities is approximately $10,000 - $15,000 per year. The following two charts provide
a comparison of revenue to expense for both permit fees and false alarms.
Permit Fees (Revenue to Expense)
Permit Fees (2004) $33,830
Estimated Average Administrative Costs $10,000
Total over collected on Permit Fees $23,830
False Alarm Fees (Revenue to Expense)
Three year average (2002-2005)
False Alarm Fees $26,233
False Alarm Costs $37,727
Under collected on False Alarm Fees -$11 ,494
RECOMMENDATION
While our fee structure is in line with area benchmark Metroplex cities, those who pay
for permits alone and never generate false alarms are paying a greater portion of the cost
than those who generate false alarms. Staff recommends shifting the burden of the cost
to false alarm fees by lowering the threshold to three false alarms before imposing an
extra fee and also lowering the cost of a permit to $5 per year. This should sufficiently
cover the cost of maintaining the database of alarm owners. There is value to both the
Police Department and the permit holders leaving contact information in the event of a
bona fide alarm. However, the proposed policy will also shift the burden of the cost to
those who generate that largest expense to the City through false alarms. Additionally,
the current ordinance exempts homeowners over 65 years of age. Since the same level of
service is provided, staff recommends elimination of the exemption. Implementation of
recommended changes could take place with the beginning of fiscal year 2007-2008.
OPTIONS
1. Council can take staff recommendation to lower permit fee and lower the
threshold for false alarm fees.
2. Council can eliminate all permit fees.
3. Council can take no action on current permit fee.
PRIOR ACTION/REVIEW
. August 2, 1998, City Council passed Ordinance 1988-130 creating regulations for the
use and operation of alarm systems within the city.
. November 5, 1991, City Council amended Chapter 4 of the Alarm Ordinance,
increasing the allowable number of false alarms from three to five in one calendar
year.
. July 27,2004, City Council amended Chapter 4 of the Alarm Ordinance establishing
an annual time period for alarm permits and establishing the collection of an annual
alarm permit fee.
FISCAL IMPACT
While the staff recommendation is more equitable, we cannot state the exact impact of
the proposed change. It will depend on a number of factors including the number of
permits issued, number of false alarms, the rate of compliance, the (hoped for) citizen's
response of upgrading alarm systems to reduce false alarms, etc. Staff will conduct
ongoing analysis of the situation and bring any needed changes to the attention of the
City Council.
Respectfully submitted,
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AGENDA INFORMATION SHEET
AGENDA DATE:
February 6, 2007
CM:
::::::::~n~:::~:i::: .....
DEP ARTMENT:
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the Airport Terminal
Proj ect.
BACKGROUND
In January 2002 the City of Denton entered into an Airport Project Participation Agreement
(APP A) with the Texas Department of Transportation, Aviation Division (TxDOT) for a Tower-
Terminal Project (grant). The original grant was for a total grant match of $800,000. This was a
50:50 TxDOT match of $500,000 for the Tower Project and $300,000 for the Terminal Project.
Security concerns after the September 11, 2001 terrorist attacks led to the originally planned
j oint use T ower- Terminal Proj ect to be separated to enhance safety and security of the air traffic
control operation. In September 2004, an additional 50:50 TxDOT grant of $100,000 was
offered to provide for the construction of an auto parking lot for the proposed Terminal Building.
On March 7, 2006 the City Council adopted Ordinance No. 2006-068 approving Amendment
Number 2 to the Tower-Terminal Grant. This amended the procedure for financial payment and
nominated TxDOT to serve as the City's agent to reduce financial liability, enhance compliance
with grant regulations and improve efficiencies in grant administration within TxDOT. This
amendment required that the City of Denton submit the sponsor's local share of the estimated
project cost to TxDOT prior to advertising the bid for the project. Furthermore, Amendment
Number 2 requires that should the low bid exceed the estimated project cost and TxDOT grant
match, the sponsor will be required to submit the additional local share to TxDOT prior to
accepting the low bid and initiating a construction contract with the low bid contractor.
Beginning in FY 2007, TxDOT increased the Terminal Grant Program to allow a TxDOT and
federal funding match of $500,000 for aid in construction for terminal buildings. The proposed
Denton project will result in a TxDOT grant match of $450,000 and a 90:10 federal Non-Primary
Entitlement Grant (NPE) grant match of $150,000 ($16,667 local share). Total aid in
construction for the project would be $600,000, $500,000 for Terminal and $100,000 for parking
lot.
GRW Willis is the architect for the project and City of Denton Facilities Management will
provide project management. A bid opening was held on January 16, 2007 with Alshall
Construction Company (ACCO) of Carrollton, Texas submitting a low bid, including staff
recommended bid alternates, in the amount of $1,344,935. A bid tabulation sheet has been
attached as Exhibit 4 for your reference and Exhibit 5 demonstrates staff recommendations. The
TxDOT grant does not fund landscaping costs, impact fees, tap fees, data/fiber, phones,
furniture, or other related fixtures and equipment (FFE). These expenses were originally
estimated at $150,000 and programmed through the use of gas well revenues. The low bid of
$1,344,935, ten-percent construction contingency of $134,493, the revised FFE costs of
$127,200 and bid advertising fees of $4,001 amount to an estimated construction cost of
$1,610,629. Total project cost, including $78,512 for engineering and design, is $1,689,142.
To accept the low bid, with staff recommendations, and proceed with construction will require a
total of $1,089,142 in local funding and maximization of the $600,000 of aid in construction.
Exhibit 6, Airport Terminal Project Cost Worksheet, outlines project funding and participant
share of project costs. City staff has identified the use of a portion of the $700,000 in CO Bonds
issued in July 2006 for Airport Capital Projects to cover the anticipated project shortfall of
$574,611. If the proposed Amendment is approved, the City will submit the remaining local
share amount of $541,531.81 to TxDOT. Approval of Amendment 3 will also allow TxDOT to
execute a contract with ACCO to begin construction of the proposed Terminal Building.
OPTIONS
I. Redesign and re-bid the project.
II. Approve the proposed Grant Amendment Number 3 and authorize the use of $574,611 in
CO funds to facilitate the project.
III. Provide staff direction with additional options.
RECOMMENDATION
Staff recommends Option II.
ESTIMATED SCHEDULE OF PROJECT
The TxDOT bid process requires contractors to guarantee bids for 60 days. TxDOT has
requested that a response be provided by March 17, 2007. Should the City Council adopt the
proposed ordinance approving Amendment Number 3 to the grant and approving the additional
local share of funding, the estimated six-month construction phase could begin within 30 days of
proj ect approval and notice to proceed.
PRIOR ACTION/REVIEW
The City Council approved Amendment Number 2 to the Terminal Grant on March 7, 2006
providing for an estimated grant eligible construction cost of $877,850 and an estimated total
project cost of $1,027,850. The City of Denton submitted $372,257 to TxDOT as part of
Amendment Number 2 in March 2006.
2
FISCAL INFORMATION
A 90:10 federal NPE grant IS In place for $150,000 of matching funds to assist in the
construction of the Terminal. A 50:50 TxDOT grant is in place providing $450,000 of state
funds for construction services related to the proposed airport terminal building and related
parking lot. Design, construction, equipment and furnishing cost is now estimated at $1,689,142
and local participation is estimated at $1,089,142 or 64% of the project cost.
EXHIBITS
1. Ordinance
2. Grant Amendment Number 3
3. TxDOT Payment Request
4. Terminal Project Bid Tabulations
5. Staff Recommendations for Terminal Project
6. Airport Terminal Project Cost Worksheet
Respectfully submitted:
o/~~
Mark Nelson, CM
Chief Transportation Officer
3
S :\Our Documents\Ordinances\07\TxDOT Grant Agreement Amendment 3.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE ON BEHALF OF THE CITY OF DENTON AMENDMENT NO. 3 TO AN
AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION DATED JANUARY 8, 2002 RELATING TO THE
CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT AND
APPROVING TERMINAL PROJECT COSTS NOT TO EXCEED $1,689,142; AND
DECLARING AN EFFECTNE DATE.
WHEREAS, pursuant to Ordinance No. 2002-005 the City of Denton ("City") entered
into an Airport Project Participation Agreement, dated January 8, 2002 with the Texas
Department of Transportation ("TxDOT") related to the construction of improvements consisting
of the air traffic control tower, airport terminal building, and auto parking lot at the Denton
Municipal Airport, referenced as TxDOT Contract No. 2XXA V018 (the "Existing Agreement");
and
WHEREAS, pursuant to Ordinance No. 2005-286 on September 21, 2004, the City
entered into Amendment No. 1 to the Existing Agreement; and
WHEREAS, pursuant to Ordinance No. 2006-068 on March 7, 2006, the City entered
into Amendment No.2 to the Existing Agreement; and
WHEREAS, TxDOT and the City desire to enter into Amendment No. 03 to the Existing
Agreement, a copy of which is attached hereto and made a part hereof by reference
("Amendment No.3"), to increase the funding by $577,481.00, increasing the total project cost
to $2,377,481.00 and the City's share of eligible project costs to $1,427,481.00; and
WHEREAS, CO bond funds in the amount of $574,611.00 are available to facilitate the
project; and
WHEREAS, the City Council deems it in the public interest to approve Amendment No.
3; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein as true.
SECTION 2. The City Council hereby approves terminal project costs not to exceed
$1,689,142.00.
SECTION 3. The City Manager, O! his' designee, is hereby authorized to execute
Amendment No.3 in substantially the form of the attached Amendment No.3 on behalf of the
City of Denton.
EXHIBIT 1
S:\Our Documents\Ordinances\07\TxDOT Grant Agreement Amendment 3.doc
SECTION 4. The City Manager, or his designee, is the City's authorized representative
who is directed to comply with any assurances, conditions, or agreements required to be
executed to receive the funds provided under Amendment No.3, including payment of the City's
share of the estimated construction costs.
SECTION 5. The City Manager, or his designee, is authorized to expend not more than
$574,611.00 in CO bond funds to facilitate the. project.
SECTION 6. The City Manager, or his designee, is authorized to exercise all rights and
duties of the City of Denton under Amendment No.3 and to make any expenditures provided for
therein.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
./
Page 2 of2
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(State Assisted Airport Development)
Amendment No. 03 to the Agreement
TxDOT CSJ No.: 0218DENTN
TxDOT Project No.: AP DENTON 3
TxDOT Contract No. : 2XXA VO 18
Commission Approval: September 27, 2001
Part I - Identification of the Project
TO:
The City of Denton, Texas
FROM:
The State of Texas, acting through the Texas Department of Transportation
The City of Denton, hereinafter referred to as the "Sponsor", and the Texas Department
of Transportation, hereinafter referred to as the "State," have entered into an Airport Project
Participation Agreement TxDOT CSJ Number 0218DENTN, executed by the Sponsor on
January 8, 2002, and by the State on January 22, 2002, for the development of the Denton
Municipal Airport.
The project is described as design and construction services to: build an airport terminal
building and an air traffic control tower and auto parking lot at the Denton Municipal Airport.
Part II - Offer of Financial Assistance, estimates total project costs to be $1,800,000.
Financial assistance is currently limited to $900,000 state funds and $900,000 in local
sponsor funds.
It is in the mutual interest of the Sponsor and the State to amend the Airport Project
Participation Agreement at this time to increase the agreement by $50,000 in state funds and
$527,481 in local share to cover the actual bid results for the terminal building and parking lot.
In consideration of the parties' mutual promises, the following amendment to the Airport
Project Participation Agreement shall become effective upon execution of this Amendment by
the Sponsor and the State.
The Airport Project Participation Agreement is amended to following:
Page 1 of3
Exhibit 2
1. Part II, paragraph 1 of the Agreement, change Amount A, total project costs, and any
further references in the Agreement to Amount A, to $2,377,481.
2. Part II, paragraph 1 of the Agreement, change Amount C, State's share of eligible project
costs, and any further references in the Agreement to Amount C, to $950,000.
3. Part II, paragraph 1 of the Agreement, change Amount B, Sponsor's share of eligible
project costs, and any further references in the Agreement to Amount B, to $1,427,481.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
The above amendment to the Airport Project Participation Agreement between the City
of Denton and the Texas Department of Transportation is mutually agreed to and accepted.
day of
,20_
Executed this
The City of Denton" Texas
Sponsor
Witness Signature
Sponsor Signature
Witness Title
Sponsor Title
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:4!~e:Y<< ~
7....~ '
/'
Page 2 of3
Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
Date:
Page 3 of3
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Staff Recommendations For Terminal Project
(Based on low bid)
Draft
Base bid for the building (Schedule 1) $1,174,277.23
Bid Alternate #2 Building Management System ($29,500.00)
Bid Alternate #3 AC For Room 116 $7,600.00
Schedule #2 (Parking Lot) Bid Alternate #8 6" Concrete Paving $192,557.44
Total Cost of Construction $1,344,934.67
Construction Shortage $507,170.67
Construction shortage (372,677.67) and Tx
dot required 10 % contingency ($134,493)
Advertisements cost for 2nd bid $4,001.00
Reimbursement from TX Dot (This money is taken out of our grant Money) $30,359.19
FFE & Necessities not paid by TX Dot (ie: ADA, impact fee...) $127,200.47
Account 20001 OXXX Balance as of 1/27/07 ($94,120.49)
Total needed $574,610.84
Exhibit 5
Airport Terminal Project Cost Worksheet
Draft
Building and Parking Lot Low Bid
(Staff Recommendation)
Estimate For Furniture, Fixtures & Necessities (9/27/06)
Advertisments for 2nd bid
100k Contingency required by TX Dot
Total Cost of Building, Furniture & Necessities
Total Grant Money
Non-Primary Entitlement (federal) $150,000.00
50/50 TxDOT Match On Building Up To $350,000.00
50/50 TxDOT Match On Parking Lot Up To $100,000.00
Reimbursement from TX Dot ($30,359.19)
Money Paid to TxDOT and Balance on Airport Account
Funding Needed To Complete Project
FY 2006 Airport CO Funds Available
$1,344,934.67
$127,200.47
$4,001.00
$134,493.00
$1,610,629.14
($569,640.81 )
($466,377.49)
$574,610.84
$682,500.00
Exhibit 6
AGENDA INFORMATION SHEET
AGENDA DATE: February 6, 2007
DEPARTMENT: Police
N
ACM:
Jon Fortune
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding Loop 288 traffic.
BACKGROUND
The construction project to widen Loop 288 has created considerable problems for traffic
flow along the Loop from 135 to Spencer. Additional traffic congestion has subsequently
occurred on surrounding roads as motorists seek alternate routes of transportation. Since
construction began, a number of complaints have been voiced regarding these traffic
problems. The Police Department and City of Denton Traffic Engineering have met
several times with TXDOT officials and the project contractor to discuss ways to
improve the traffic situation in the immediate area. The following is a synopsis of these
meetings and an explanation of the most recent changes.
Communication
On November 28, 2006, the Texas Department of Transportation (TxDOT) began the
long awaited project to widen Loop 288. As part of the initial construction, two lanes of
Loop 288 were closed in the area from 1-35 to Colorado. This lane closure affected traffic
flow on the Loop as far north as Spencer Road.
As with all traffic flow plans, implementing a plan on paper does not always produce the
desired results in actual practice. Patrol officers assigned to the area immediately noted
problem areas. On Wednesday, November 29,2006, Police and other city staff met with
TxDOT representatives at Loop 288 and 1-35 to discuss the traffic control plans and what
problems had been observed following the implementation of the plan. Temporary
changes were implemented for the approaching holiday period. A subsequent meeting
was planned to discuss further changes after observing the situation for a longer period of
time.
On Monday, December 11, 2006, a follow-up meeting was held with TxDOT and city
staff and several changes were recommended at that meeting. The most significant
recommendation resulted in placing signboards on approaches to the area informing
motorists of alternate routes to the shopping areas. A public information campaign was
launched through TxDOT informing motorists of the alternate routes along with an article
in the Denton Record Chronicle (Attachment A) with a map outlining those
recommended alternate routes. A meeting was scheduled after the holidays to further
assess the traffic situation.
City staff and TxDOT met again on Tuesday, January 30th, at the Denton Police
Department. The discussion centered on that section of Loop 288 from 1-35 to Colorado.
Traffic officer Gary Craig spent two evenings in an unmarked car observing traffic flow
1
and traveling the Loop to gather data that was used in the decision making process.
Recommended changes from this meeting will be outlined below.
Communication between TxDOT and city staff concerning this construction project
continues to occur on a regular basis. Monthly meetings have been scheduled to discuss
and address traffic issues as construction progresses. TxDOT staff has been very flexible
in discussing traffic issues and responding to those concerns. City Engineering and
Traffic Control staff continue to assist with adjusting light cycles at intersections
adjoining the Loop and placing signboards directing drivers to alternate routes.
After the most recent meeting between city staff, TxDOT, and the project contractor, the
following changes have been made to traffic flow on Loop 288 due to construction. Each
numbered item corresponds to the maps in the attached PowerPoint slides.
1. Lillian Miller N/B at SIB 1-35 Service Road - Barrels are being moved to block
off the left lane approach. Previous design blocking the center lane was not
effective. Approach and intersection signs also changed.
2. SIB 1-35 Service Road at Loop 288 - Traffic flow change allowing a left turn
from the left lane only with center lane straight only. New approach and
intersection signs installed. Directional signs on roadway also were changed.
3. N/B 1-35 Service Road at Loop 288 - Right turn ramp closed due to construction.
Signs allowing both lanes to go straight with right turns out of the right lane and
left turns out of the left lane are being installed. These signs are being installed on
the approach and at the intersection.
4. Golden Triangle Mall and Denton Crossing Exits on Loop 288 - A major source
of backup on southbound Loop 288. Both exits from parking lots on east and west
side of Loop will be blocked off. Entry to both shopping areas will not be
affected.
5. Colorado at Loop 288 - No right turn on red posted and enforced.
6. Best Buy/Target Exit at Loop 288 - No right turn on red posted and enforced for
turns onto southbound Loop.
7. Brinker Road at Loop 288 - No right turn on red posted and enforced for turns to
southbound Loop 288.
8. Signboards - Signboards placed on southbound Loop 288 at Brinker advising
alternate routes to 1-35 and Mall shopping. Also on the 1-35 northbound service
road at Brinker.
9. Spencer at Woodrow - Light cycle adjusted for change in traffic flow due to
construction
10. Mayhill at McKinney - Light cycle will be checked due to increased traffic on
northbound Mayhill.
11.1-35 at Mayhill/State School Road - Light cycle will be checked due to increased
traffic on southbound Mayhill and the southbound 1-35 Service Road.
Use of Police Officers
Multiple requests have been made to assign police officers to direct traffic on the Loop.
Staff does not recommend this course of action. On its face, having officers direct traffic
on the Loop would seem to be a simple solution. However, in practice it would very
likely make the traffic situation throughout the area far worse. In the construction area,
the Loop has six signal-controlled intersections: the 135 Service Roads, the Golden
Triangle Mall/Denton Crossing entrance/exit, the Target/Best Buy entrance/exit, Brinker,
2
Colorado, and Spencer. The signal at the Mall entrance has been changed to allow open
flow of Loop 288 traffic. The five remaining intersections are currently controlled by
signal lights. These lights are timed to work in conjunction to allow for optimal traffic
flow on the affected streets. Replacing these timed signals with police officers would
require the coordination of multiple officers at each of these intersections. Because of the
length of road involved, there is no means to observe all five intersections
simultaneously. Thus, the officers at each intersection have no accurate way to determine
how their traffic direction is impacting the traffic flow at the other intersections or along
nearby roads. It is likely that while one intersection might improve, it would be to the
detriment of the other intersections and surrounding roadways.
When traffic flow is increased on one roadway, traffic flow in other areas is decreased.
The use of officers along the Loop would only be effective if the desired outcome was
either a) an open flow of traffic along the Loop and no traffic flow on the major cross
streets, or b) the open flow on the cross streets and no traffic flow along the Loop. To
achieve an optimal traffic flow for both sets of roads, the timed signal lights are the most
effective option. While utilizing officers for traffic direction is not recommended, staff
believes that assigning officers to monitor and enforce the changes recommended above
will help ensure a smoother flow of traffic and alleviate some of the primary traffic
complaints.
Additional Concern
The primary concern of any traffic flow change along the Loop is the impact on the
southbound 1-35 exit at the Loop. Traffic frequently backs up on 1-35 for a considerable
distance approaching the Loop 288 exit ramp. Holding traffic on the service road longer
would increase the distance drivers are forced to stop either on the shoulder of the
freeway or in the actual traffic lanes of I35E. In order to avoid this backup on the
highway, the Loop 288 exit would need to be closed. Instead, traffic would exit at
Pennsylvania to reach Loop 288. Closing the exit would place the backup on the service
road. The closure of this exit remains a possible alternative as construction continues.
Staff believes this may be necessary at some point and will continue to monitor the area.
Conclusion
The Loop 288 project is scheduled for completion in 2009. During this time period,
traffic flow will remain a problem. Steps can and have been taken to improve the traffic
situation but there is no simple fix for the problem during construction. Staff believes that
the combination of the recommended changes and enhanced enforcement of these
changes will serve to improve traffic flow in the construction area. However, the simple
volume of cars on the reduced roadway will continue to create some level of traffic
problems. Staff continues to recommend that drivers utilize alternate routes to access the
area.
Respectfully submitted,
;;~. .':-" -~.." ~
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.:... .-=-:. - . . .. .....(. .
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.;
Scott Langford
Interim Chief of Police
3
ATTACHMENT A
Denton Record Chronicle Article December 11, 2006
By Lowell Brown / Staff Writer
State transportation officials have a message for Denton motorists: Stay off Loop 288, if
possible, while construction continues.
Driver anger has been escalating since Nov. 28, when the state closed two of the loop's four
lanes from Interstate 35E to Brinker Road as part of a widening project.
The Texas Department of Transportation issued a press release Thursday, acknowledging the
increased traffic congestion and urging motorists to take alternate routes.
"Right now, we are just trying to alert people of the upcoming holiday traffic," department
spokeswoman Kelli Petras said. "Even though these lanes have already been closed, we're just
trying to propose alterative routes for the holiday congestion. That's our goal."
The lane closures are part of a state project to widen the loop to six lanes from the interstate
northeast to University Drive by September 2009. Traffic has been moved to the two
northbound lanes from I-35E to Brinker, with one lane open in either direction through the area,
which is considered the city's shopping hub.
Officials have said various lanes of that section of the loop could be closed for two years.
Denton Mayor Perry McNeill said he's heard complaints about loop traffic for years, but that
they have increased recently.
Even though the city and Denton County spent money to help accelerate the project's design, the
state is driving the construction, McNeill said. "It's unfortunate, but we've got to deal with what
we've got to deal with," he said of the congestion. "Fortunately, there's a lot of alternative
routes."
The state has placed message boards along the loop, McKinney Street and the 1-35E frontage
road south of Brinker, alerting motorists to the other routes. The routes might be out of the way,
but they will save drivers from having to sit in Loop 288 traffic, Petras said. "We're just trying to
be proactive and give the motorists another option, and let them know that they don't have to sit
in traffic," she said.
LOIrELL LlROIrJV can be reached at 940-566-6882. His e-mail address is
Denton Record Chronicle Article December 19, 2006
State offers alternative shopping routes for loop
To alleviate traffic congestion on Loop 288 in Denton, the Texas Department of Transportation
Denton County Area Office is proposing alternate routes for motorists to use to access nearby
shopping centers.
Currently, Loop 288 is under construction from u.S. Highway 380 to Interstate 35 East. The
construction area - near Interstate 35 East, the mall and several shopping centers - is where
traffic has become most congested.
Motorists accessing shopping centers from the north end of Loop 288, can travel west on
McKinney Street and then go south on Woodrow Lane. While on Woodrow, motorists can use
either Spencer Road or Colorado Boulevard.
Additionally, TxDOT officials are encouraging motorists to use an alternate route to a frontage
road on 1-35E at Brinker Road. To access shopping areas from 1-35E, motorists can take Brinker
to Loop 288. Motorists can also take Brinker to Colorado to Loop 288 to access shopping areas
further south.
Message boards have been placed along Loop 288 and McKinney Street with information on the
alternate routes. Message boards also have been placed on the 1-35E frontage road, just south of
Brinker. Loop 288 will remain open to traffic throughout the construction period.
AGENDA INFORMATION SHEET
AGENDA DATE: February 6,2007
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
ACM:
Jon Fortune .
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of ready mix concrete and Portland cement for various City departments;
providing for the expenditure of funds therefor; and providing an effective date (Bid 3696-
Annual Contract for Ready Mix Concrete and Portland Cement awarded to the lowest
responsible bidder for each section in the estimated cumulative annual amount of $1,000,000).
BID INFORMATION
This bid is for the annual supply of Portland cement and ready mix concrete utilized by various
City departments in the maintenance and new construction of streets, utility lines, street cuts and
backfilling operations. These materials are ordered on an as needed basis.
RECOMMENDATION
Award to the lowest responsible bidder for each section, as listed in Exhibit A of the Ordinance,
in the estimated amount of$I,OOO,OOO.
PRINCIPAL PLACE OF BUSINESS
Lattimore Materials
McKinney, TX
TXI
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of one year from the date of award and may be
extended for additional one-year periods if agreed to by both parties with all pricing, terms and
conditions remaining the same.
FISCAL INFORMATION
Funding for each individual order will come from the appropriate budget or bond account of the
using department.
Agenda Information Sheet
February 6, 2007
Page 2
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
l-AIS-Bid 3696
Attachment 1
BID #3696
DATE: January 11, 2007
Annual Contract for Read Mix Concrete & Portland Cement
TXI/North Redi-Mix
Lattimore Concrete, a
Materials Texas Ready U.S. Concrete
Mix Co.
Principle Place of Business: McKinney, Dallas,TX Euless, TX
TX
PORTLAND CEMENT
750-21- Portland Cement per sack _ Ibs.
1 70 000 Sacks Delivered to City of Denton Warehouse in No Bid $7.15 No Bid
truckload quantities.
la Estimated delivery after receipt of order Next day
lb Minimum Order Quantity if applicable NjA
2 800 NjA Tons Type 1 bulk cement delivered to job site No Bid $140.00 No Bid
2a Estimated delivery after receipt of order
READY MIX CONCRETE
750-70- 80 Ibs. Premixed Sack Concrete
3 1250 000 Sacks Delivered to City of Denton Warehouse in No Bid $2.87 No Bid
truckload quantities
Estimated delivery after receipt of order Next day if
3a truckload
delivery
3b Minimum Order Quantity if applicable 6 pallets
3c Pallet Fee if applicable $ $12.00
City intends to exchange pallets.
4 8000 NjA Cubic 5 Sack Mix delivered to job site $76.00 $75.00 $79.00
Yard
5 5000 NjA Cubic 1.5 Sack Mix delivered to job site $64.00 $65.00 $61.50
Yard
6 3000 NjA Cubic 1 Sack Mix delivered to job site $62.00 $64.00 $59.00
Yard
7 10 NjA Cubic 3000 PSI - 4.5 WRA delivered to job site $74.00 $73.00 $76.50
Yard
8 10 NjA Cubic 3000 PSI with Fly Ash 200/0 Max $74.00 $73.00 $76.50
Yard
9 NjA HR Truck Time if applicable $ NjA NjA $65.00
Attachment 1
Principle Place of Business:
10
NjA
Small Load Charge if applicable
$
EA
11
NjA
SK Sack Adjustment $
per sack
12 150
NjA
LDS Environmental Fee per load if applicable
$
See Minimum Load Requirements on
Specifications Page
Bidder's Comments:
* Prices shall be bid F.G.B. Denton
TXI/North Redi-Mix
Lattimore Concrete, a
Materials Texas Ready U.S. Concrete
Mix Co.
McKinney, Dallas,TX Euless, TX
TX
NjA NjA $100.00
$5.00 $5.00 $5.00
NjA $10.00 $10.00
$20 Freight
charge per
load
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF READY MIX CONCRETE AND PORTLAND CEMENT
FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3696-ANNUAL CONTRACT
FOR READY MIX CONCRETE AND PORTLAND CEMENT AWARDED TO THE LOWEST
RESPONSIBLE BIDDER FOR EACH SECTION IN THE ESTIMATED CUMULATIVE
ANNUAL AMOUNT OF $1,000,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted 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
NUMBER
ITEM
NO
VENDOR
AMOUNT
3696
3696
1-3c
4-12
TXI
Lattimore Materials
Exhibit A
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
, 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
~J~-BT~~
Exhibit A
BID #3696
DATE: January 11, 2007
Annual Contract for Read Mix Concrete & Portland Cement
Lattimore TXI/North
Materials Texas Ready
Mix
Principle Place of Business: McKinney, TX Dallas, TX
PORTLAND CEMENT
Portland Cement per sack _ Ibs.
1 70 750-21-000 Sacks Delivered to City of Denton Warehouse in $7.15
truckload quantities.
la Estimated delivery after receipt of order Next day
lb Minimum Order Quantity if applicable NjA
2 800 NjA Tons Type 1 bulk cement delivered to job site $140.00
2a Estimated delivery after receipt of order
READY MIX CONCRETE
80 Ibs. Premixed Sack Concrete
3 1250 750-70-000 Sacks Delivered to City of Denton Warehouse in $2.87
truckload quantities
Estimated delivery after receipt of order Next day if
3a truckload
delivery
3b Minimum Order Quantity if applicable 6 pallets
3c Pallet Fee if applicable $ $12.00
City intends to exchange pallets.
4 8000 NjA Cubic 5 Sack Mix delivered to job site $76.00
Yard
5 5000 NjA Cubic 1.5 Sack Mix delivered to job site $64.00
Yard
6 3000 NjA Cubic 1 Sack Mix delivered to job site $62.00
Yard
7 10 NjA Cubic 3000 PSI - 4.5 WRA delivered to job site $74.00
Yard
8 10 NjA Cubic 3000 PSI with Fly Ash 200/0 Max $74.00
Yard
9 NjA HR Truck Time if applicable $ NjA
Exhibit A
Principle Place of Business:
Lattimore
Materials
TXI/North
Texas Ready
Mix
McKinney, TX Dallas, TX
10
NjA
EA Small Load Charge if applicable $
11
NjA
SK Sack Adjustment $
per sack
12
NjA
LDS Environmental Fee per load if applicable
$
150
See Minimum Load Requirements on
Specifications Page
Bidder's Comments:
* Prices shall be bid F.G.B. Denton
NjA
$5.00
NjA
AGENDA INFORMATION SHEET
AGENDA DATE:
February 6, 2007
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
DEP ARTMENT:
Materials Management
ACM:
Jon Fortune "
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas authorizing the expenditure
of funds for payments by the City of Denton for electrical energy transmission fees to the
Lower Colorado River Authority (LCRA) and Texas Municipal Power Agency (TMP A) for
providing energy transmission services to the City of Denton; and providing an effective date
(File 3717-2006 Electrical Energy Transmission Fees-Lower Colorado River Authority in the
amount of $295,074 and Texas Municipal Power Agency in the amount of $40,245 for a total
award of$335,319). The Public Utilities Board recommends approval (6-0).
FILE INFORMATION
There are two purchase orders whose cumulative totals exceed $100,000 that reflect the 2006
Net Wholesale Transmission Final Matrix, Docket 32084, cost of transmission of electrical
energy from the generation source to the Denton Municipal Electric Distribution System for
January 2007 through June 2007. The purchase orders are for payment of a fee imposed by
the Public Utility Commission of Texas (PUCT) for planned transmission services of energy
delivered to the City of Denton. The Public Utility Regulatory Act of 1995 (PURA 95)
required the development of a new, statewide mechanism for electric transmission service in
Texas. PURA 95 also placed municipal utilities under the jurisdiction of PUCT for matters
related to transmission. As a result, the Denton Municipal Electric Utility has been ordered
by the PUCT to pay specific amounts to various other State electric utilities. The subject
purchase orders provide the City of Denton the authority required by the City Charter to
make those payments. The purchase orders will encumber funds estimated as costs for
services through June 30, 2007. No funds will actually be spent until invoices are received,
reviewed, and approved.
RECOMMENDATION
Approve payment of transmission fees to the Lower Colorado River Authority in the amount
of $295,074 and to the Texas Municipal Power Agency in the amount of $40,245 for a total
award of$335,319.
PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its January 22, 2007 meeting.
Agenda Information Sheet
February 6, 2007
Page 2
PRINCIP AL PLACE OF BUSINESS
Lower Colorado River Authority
Austin, TX
Texas Municipal Power Agency
Bryan, TX
FISCAL INFORMATION
Funds to meet these regulatory fee obligations were budgeted in 2006-2007 budget account
600400.6072.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
l-AIS-File 3717
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE
OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY
TRANSMISSION FEES TO THE LOWER COLORADO RIVER AUTHORITY (LCRA) AND
TEXAS MUNICIP AL POWER AGENCY (TMP A) FOR PROVIDING ENERGY
TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE
DATE (FILE 3717-2006 ELECTRICAL ENERGY TRANSMISSION FEES-LOWER COLORADO
RIVER AUTHORITY IN THE AMOUNT OF $295,074 AND TEXAS MUNICIPAL POWER
AGENCY IN THE AMOUNT OF $40,245 FOR A TOTAL AWARD OF $335,319).
WHEREAS, in order to comply with the legislative requirements contained in the Utility
Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is
required to pay such fees imposed by the Public Utilities Commission of Texas to the Lower
Colorado River Authority and Texas Municipal Power Agency as set forth in Exhibit "A"; and
WHEREAS, the City Manager has reviewed and recommended that the City Council
approve and authorize the payment of such fees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The expenditure of funds in the amount of$295,074 to be paid to the Lower
Colorado River Authority and $40,245 paid to the Texas Municipal Power Agency, in the specified
amount shown on Exhibit "A", which is attached hereto and made a part of this ordinance for all
purposes, is hereby authorized.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~~
2-0RD-FI~17 ..
EXHIBIT "A"
Lower Colorado River Authority
Texas Municipal Power Agency
$295,074
$ 40~245
Total $335,319
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 22, 2007
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
Monday, January 22,2007 at 9:03 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 John Baines
Ex Officio Members:
George Campbell, City Manager
Howard Martin, Assistant City Manager Utilities
Absent:
Randy Robinson, excused
Chair Charldean Newell announced that a quorum was present and convened the open
meeting at 9:03 a.m. to consider the following items:
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 adoption of an Ordinance of the City of Denton, Texas authorizing
the expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to the Lower Colorado River Authority (LCRA) and Texas Municipal
Power Agency (TMP A) for providing energy transmission services to the City of Denton;
and providing an effective date (File 3717-2006 Electrical Energy Transmission Fees-Lower
Colorado River Authority in the amount of $295,074 and Texas Municipal Power Agency in
the amount of $40,245 for a total award of$335,319).
2) Consider recommending 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 four bucket trucks for Denton Municipal Electric
by way of an Interlocal Agreement with the City of Denton; and providing an effective date
(File 3711-Interlocal Agreement for the Purchase of Four Bucket Trucks for Denton
Municipal Electric awarded to Philpott Ford in the amount of $337,836).
3) Consider recommending approval of the purchase of a Flushing/Vacuum Combination Truck
through the Houston Galveston Area Cooperative (H-GAC) Purchasing Program from Hi-
Vac Corp/AQUA TECH for the Wastewater Department by way of an Interlocal Agreement
with the City of Denton in the amount not to exceed $234,278.
Board Member John Baines moved to approve consent agenda items 1 though 3 with a
second from Board Member Phil Gallivan. The motion was approved by a 6-0 vote.
The meeting was adjourned by consensus at 9:50 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: February 6,2007
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
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 three cab/chassis and two bodies for refuse trucks for the Solid Waste
Department, and two dump trucks for the Water/Wastewater Department by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3702-Interlocal
Agreement for the purchase of Heavy Trucks for Various Utility Departments awarded to Rush
Truck Centers of TX in the amount of $567,059, and McNeilus Truck and Manufacturing in the
amount of $162,340, for a total award of $729,399 excluding the Buy Board fee). The Public
Utilities Board recommends approval (4-0).
FILE INFORMATION
This contract is for the acquisition of five motor pool replacement vehicles and two bodies for
various City of Denton Utility Departments approved in the 2006-2007 budget process. A list
and description of the vehicles is shown below.
Item Description Quant. Price (Ea) Total Department
1 Peterbilt 14 Y d Dump 1 $ 116,149 $116,149 Water Dist
Truck
2 Peterbilt 14 Y d Dump 1 $ 116,149 $116,149 W /W Drain
Truck
3 Peterbilt Front Load 1 $114,593 $114,493 Commercial
Cab/Chassis Solid Waste
4 McNeilus Front Load Body 2 $ 81,170 $162,340 Solid Waste
5 Peterbilt Roll Off 2 $110,134 $220,268 Commercial
Cab/Chassis Solid Waste
Total Vehicle Cost $729,399
Buy Board Fee $ 800
Total Contract Expenditure $730,199
Agenda Information Sheet
February 6, 2007
Page 2
FILE INFORMATION(CONTINUED)
Items 1, 2, 3, and 5 will be awarded to Rush Truck Centers of TX in the total amount of
$567,059 and Item 4 will be awarded to McNeilus Truck and Manufacturing in the amount of
$162,340.
All units are powered by diesel engines with LEV ratings that meet or exceed EP A standards.
Note: The Roll Off hoist bodies for Item 5 are presented to Council in File 3703 as acquisitions
through the H-GAC Cooperative Purchasing Program. In addition, one of the two bodies listed as
Item 4 will be placed on an existing cab/chassis and the old body will be sold at auction.
PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved the acquisition of this equipment at its January 8, 2007
meeting.
RECOMMENDATION
Award Items 1,2 3, 5 to Rush Truck Centers of TX in the total amount of $567,159, and Item 4
to McNeilus Truck and Manufacturing in the amount of$162,340, for a total award of $729,399)
as shown on the individual Buy Board contract pricing sheets included as Attachment 1.
PRINCIPAL PLACE OF BUSINESS
Rush Truck Centers ofTX
San Antonio, TX
McNeilus Truck and Manufacturing
Hutchins, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery is estimated as listed:
Dump Trucks- 90-110 days after receipt of an order.
Front Load- 90 days after receipt of an order.
Roll Off- 60 days after receipt of an order.
Agenda Information Sheet
February 6, 2007
Page 3
FISCAL INFORMATION
These vehicles will be funded from the following sources:
Department
Solid Waste
Water Distribution
Wastewater/Drainage
Account Number
Dollar Amount
60 Month 3rd Party Lease
635555.8535
645555.8535
$497,101
$116,149
$116,149
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Buy Board Pricing Sheets
l-AIS-File 3702
Attachment 1
~ BuyBoard
Rush Truck Centers of TX
Hal Holloway
BuyBoard Vendor: Rush Truck Center of TX
[Address P~O.. to:] SlS N.. Loop 12
Irving, TX 75061
Items 1 and 2
The follo"Wing details shall be provided with any BuyBoad purchase order (Fax PurcAase Order to {BOO} 211-5454
Prepared By: Hal Holloway
Ve:ndm Phone: 817 -907-1094
Vendor Fax: 972-785-3475
Vendor Toll Free 866..948-8531
Date Prepared
Government Agency: Denton, City of
[Ship to:] 901 Texas
Denton, TX 75209
Gov. Agency
IBiD to:].
~oDtacts Name:
Product Description:
Gov ~ Ago. Phone No: ( )
G. A.. Fax No; ()
1; BnyBoard COD UBf 208-04
IT: Base Bid Options:
Price List:
90246
Base Price $
76,709.00
(Itemize Below)
*
* $
* . $
* $ * $
* S. $
* S. $
* $. S
* .$ * $
* $ * $
* S" S
* $. S
* $ * S
* S * $
. $ * $
* $ * $
* S * $
* $ * $
Subtotal S ' · Subtotal S 2~845~OO
III: Unpublished Options added to Contract Price (Subtotal of Co~ 1 & Co] 2) $
IV: Total IV + VI S
V: Unpublished Amount (%) EACH S
VI: Unit Cost with Discount $
Freight S
Syr (200KEngine Warranty $
Allison ETC 5yr $
90 days Ooor for Body install S
Ox Body wI b.ilift 2a.~ buck plate, air & Electric, air close Pint1e, vibrator $
VTII:Trade-in or other Credit(s) ,~.~.--
22,845.00
99,554~OO
99,554.00
1,500.00
1~7S.00
1,690.00, .
2,034.00
lS,710~Oa
VU: Quantity Ordered Units:
$
3 X "Ell
-5714
s
(5~714~OO)
348,447.00 I
Is
IX: TOTAL PURCHASE PRICE INCLUDmG vn + vm.
Chassis Delivery to Body Company Days ARO
..:l.:SLl& ~t.\\ -7 ~
J4
t ll, t~~ <2-~
Fax all Purchase Orders to BnyBoard at (800) 211-5454
BuyBoard
Rush Truck Centers of TX
Hal Holloway
Item 3
BuyBoard Vendor: Rush Truck Center ofTX
[Address P~O. to:} 515 NO' Loop 12
Irving, TX 75061
The following details shall be provided with any BuyBoad purchase order (Fax Purchase Order to {800) 211 ~5454
Prepared By: Hal Holloway
Vendor Phone; 817-907-1094
Vendor Fax; 972-785-3475
Vendor Toll Free 866-948-8531
Date Prepared December 23, 2006
Government Agency: Denton, City of
[Ship to: J 901 Texas St
Dento14 TX 76209
Conta.cts Name: Gov ~ Ago. Phone No: (
Product Description: new 2007 Peterbilt model 320 for Front Load bOdy
Gov. Agency
[Bill to: J
G. A. FuNo: ()
1: BuyBoard Contrw 208-04
Price List
118853
Base Price $
73,405.00
II: Base Bid Options:
(Itemize Below)
* * $
* $. .5
* $ * $
* $ * $
* $ * $
* $ * $
* $ * $
* $ * $
Subtotal S * Subtotal $ 43~6.00
III: Manufacturer published Options added to Contract Price (Subtotal of Co. 1 & Col 2) $
N: Total IV + VI $
v~ Published Amount (%) 36.4% EACH $
Telma Drive line Retarder $
90 Days Floor Plan for Body Install, travel to and from, s
Allison Extended Trans Coverage to 5 years $
Cwnmins ISM Vocatioanl Warranty 7yr/250K $
VI: Unit Cost with Discount $
Vll: Qwmtity Ordered Units: 2 X I'E" $
43,946.00
117~Sl.OO
(15,996.00)
8,950.00
2,.650.00
1900.00
1,375.00
116,230~OO
232,460.00
Vill: Trade-in or other Credit( s)
CITY OF DENTON PETERBILT .DISCOUNT ($1637~OO EACH)
$ 0
-3274
s
IX: TOTAL PURCHASE PRICE INCLUDING vn + vm
Chassis Delivery to Body Company March 2007
I $
229,186.00 I
Jl2>~t t2L...
~ l J
d = - ll'\; ~r3
.Ou
Fax all Purchase Orders to BuyBoard at (800) 211-5454
/~
Item 4
Denton FE L B uyboard Quote 11-7-06 .xls
The following detials shall be provided with any BuyBoad purchase order (Fax Purchase Order to {BOO) 211-5454
Prepared By: Jay Gravens
Vendor Phone: (972) 225-2313
Vendor Fax: (972) 225-7077
Vendor Toll Free
BuyBoard Vendor: McNeilus Truck & Manufacturine
[Address P..O.. to:} 1101 1-45 South
Hutchins TX 75141
Government Agency: City of Denton
[Ship to:] 1527 Maybill Rd
Denton TX 76208
Contacts Name: Mike Ellis
Product Description: McNeilus 4029
Gov. Agency
[Bill to:]
Gov. Agn. Phone No: 940-349-7133
$ 450.00 * Work lite on Driver's Mirror
$ 390.00 * Tool Box 2Su
$ 2,432.00 * Broom and Shovel Bracket
$ 210.00 * Manual tailgate lock
$ 122.00 *
$ 2~173.00 *
$ 600.00 *
$ 390.00 *
$ 6..767.00 Subtotal
Contract List Price Total
I: BuyBoard Contract #208...04
II: Base Bid Options(Itemize Below)
* Paint Body
* Fire Ext. & Bracket
* Dual Backup Camera 3rd Eye
* Trapezoid Lights
* MudFlaps-F & R of Tandems
* Body Service Lift
* Pederson Smart Lt
* Dual Hopper Wk. Lite
Subtotal-
III: Subtotal of I + IT
=>
IV: Non-Base Options
* Freight
(Itemize below)
$ 1,810.00
*
*
Price List:
BuyBoard Contract Price:
NON-BASE =
$-
$-
Date Prepared
City of Denton
1527 Mayhill Rd
Denton TX 76208
G. A~ Fax No: 940-566-7303
11/7/06
Base Price $ 70~9S0.00
$ 210.00
$ 411.00
$ 122.00
$ 900.00
$-
$-
$-
$ 1.643.00
$ 8,,410.00
$ 79,360.00
%
$-
$-
$-
$-
$-
Subtotal $ 1..8 t 0.00 Subtotal
Unpublished Options added to Contract Price (Subtotal of Co. 1 & Col 2)
V
VI Total IV + VI
VII Quantity Ordered Units:
VIII Trade-in or other Credit( s)
2
x "En
IX TOTAL PURCHASE PRICE INCLUDING VII + VIII
Contract Effectiove Dates: 10/1/2004 through 9/30/2006
$ 1,810.00
$ 81,170.00
$ 162..340.00
~ 162.340,001
Fax all Purchase Orders to BuyBoard at (800) 211-5454
BuyBoard
Rush Truck Centers of TX
Item 5
Hal Holloway
BuyBoard Vendor: Rush Truck CenterofTX
(Address P90. to:] 515 N~ Loop 12
Irving. TX 75061
The following details shall be provided with any BuyBoad purchase order (Fax Purchase Order to {BOO) 211.54 54
Prepared By: Hal Holloway
Vendor Phone: 817-907~I094
Vendor Fax: 972-785-3475
Vendor Toll Free 866-948-8531
Date Prepared December 23, 2006
Governmen t Agency: Den to~ City of
[Ship to:) 901 Texas
Denton, TX 76209
Con tacts Name: Gov. Agn. Phone No: ( )
Product Description: 2007 lleterb iIt Model 357 for Roll-off
Gov. Agency
(Bill to: I
G. A~ Fax No: ()
L BuyBoard Contrat 208-04
Price List:
1 13039
Base Price $
73,698..00
11: Base Bid Options:
(Itemize Below)
*
* $
* $
*
*
$ * $
$ * $
$ * $
$ * $
$ * $
$ * $
$ * $
Sub total $ * Subtotal S 58~79.00
Manufacturers published Options added to Contract Price (Subtotal of Co. 1 & Co12)
*
*
*
*
*
*
III:
IV: Tota; IV + VI
v: Published Amount (%)
VI: Unit Cost with Discount
Freight
Cummins 7yr/2S0K Warranty
Allison ETC Syr
vrr~ Quantity Ordered Units:
$
2 x "E rt
~ 3785
$ 60~438..00
$ 134,136..00
$ (21,999~OO)
$ 112,137.00
$ 1,500.00
$ 1,375~OO
$ 1,900~OO
$ 116,,912.00
$ ( 6,778.00)
$ 110,134.00
I $ 220,268.00 ,
36~4o/Q
EACH
VIII: Trade-in or other eredit(s)
D<~ TOTAL PURCHASE PRICE INCLUDING vn + VIII
Chassis Delivery to Body Company
Days ARO Available now
Fax all Purchase Orders to BuyBoard at (800) 211-5454
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 THREE
CAB/CHASSIS AND TWO BODIES FOR REFUSE TRUCKS FOR THE SOLID WASTE
DEPARTMENT, AND TWO DUMP TRUCKS FOR THE WATER/WASTEWATER
DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF
DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3702-INTERLOCAL
AGREEMENT FOR THE PURCHASE OF HEAVY TRUCKS FOR VARIOUS UTILITY
DEPARTMENTS AWARDED TO RUSH TRUCK CENTERS OF TX IN THE AMOUNT OF
$567,059, AND MCNEILUS TRUCK AND MANUFACTURING IN THE AMOUNT OF
$162,340, FOR A TOTAL AWARD OF $729,399 EXCLUDING THE BUY BOARD FEE).
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
3702
3702
Rush Truck Centers of TX
McNeilus Truck and Manufacturing
$567,059
$162,340
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
, 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY ~~
3-0~D-=F~..--,j.. /~z,/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
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44
45
46
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48
49
50
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 8, 2007
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene an Open Meeting on
Monday, January 8,2007 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas
Present:
Chair Charldean Newell, Bill Cheek, John Baines and Randy Robinson
Ex Officio Members:
George Campbell, City Manager
Howard Martin, Assistant City Manager Utilities
Absent:
Bob Bland, Phil Gallivan (excused)
Dick Smith
Chair Charldean Newell announced that a quorum was present and convened the open
meeting at 9:01 a.m. to consider the following items.
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.
Chair Charldean Newell, at the request of ACM Howard Martin, Board Members Bill
Cheek and Randy Robinson, pulled items 1, 2, 3, 4 and 7 for individual consideration.
5) Consider recommending approval of the quote from Oslin Nation Company for replacement
of the rotating assembly in the damaged wastewater pump at the Hickory Creek Lift Station
for the amount not to exceed $28,142.
6) Consider recommending approval of the proposal from CDM for engineering services related
to rehabilitation/upgrade of the effluent water filters at the Pecan Creek Water Reclamation
Plant in an amount not to exceed $18,067.
Board Member John Baines moved to approve consent agenda items 5 and 6 with a second
from Robinson. The motion was approved by a 4-0 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION:
1) Consider recommending 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 five cab/chassis and three bodies for refuse trucks
for the Solid Waste Department, and two dump trucks for the Water Distribution and
Wastewater/Drainage Departments by way of an Interlocal Agreement with the City of
1 Draft Minutes - Public Utilities Board Meeting
2 January 8, 2007
3 Page 2 of3
4
5
6 Denton; and providing an effective date (File 3702-Interlocal Agreement for the purchase of
7 Heavy Trucks for Various Utility Departments awarded to Rush Truck Centers of TX in the
8 amount of$786,251, and McNeilus Truck and Manufacturing in the amount of$245,540,for a
9 total award of$I,028,791).
10
11 Martin informed Board Members that there were 2 corrections to the backup material for this
12 item. Item #3 under background information for the Peterbilt Front Load, the price should be
13 revised to $114,593 instead of $114,493. Item #5 the Peterbilt Side Load, the price each and
14 total price should be the same, $104,499. Martin also explained that these revisions did not
15 affect the total dollar amount to be expended.
16
1 7 Board Member Cheek reminded staff that the Board previously requested documentation
18 showing budget approval when major equipment purchases were submitted to the Board for
19 approval. Cheek reaffirmed his request. Cheek stated that he wants to be confident that the
20 Board has approved the purchases and that the appropriate dollar amounts are incorporated into
21 the budget.
22
23 Board Members discussed and determined that budgetary documentation would not be required
24 for equipment purchases under $100,000. However, equipment purchases over $100,000 PUB
25 approval, and budgetary documentation will be required to be included as part of the backup
26 material.
27
28 Board Member Cheek moved to approve with a second from Robinson. The motion was
29 approved by a 4-0 vote.
30
31 2) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City
32 Manager or his designee to execute a purchase order with the Houston-Galveston Area
33 Council of Governments (H-GAC) for the acquisition of a three roll off bodies and three 100
34 yard trailers for the City of Denton Solid Waste Department by way of an Interlocal
35 Agreement with the City of Denton; and providing an effective date (File 3703-Interlocal
36 Agreement for Roll Off Bodies and Trailers with H-GAC awarded to Rush Equipment
37 Center in the amount of$196,646.10 and B&C Body Co. in the amount of 100,941.75 for a
38 total award amount of $297,587.85).
39
40 Board Member Cheek moved to approve Item 2 with the stipulation that budgetary
41 documentation be included as part of the backup material for approval of purchases over
42 $100,000. Board Member Robinson seconded the motion. The motion was approved by a
43 4-0 vote.
44
45 3) Consider adoption of an Ordinance accepting competitive bids and awarding a contract for
46 the purchase of one 4800 gallon water truck for the City of Denton Solid Waste Department;
47 providing for the expenditure of funds therefor; and providing an effective date (Bid 3667-
48 Water Truck for City of Denton Landfill awarded to the lowest responsible bidder Grande
49 Truck Center, in the amount of $161,088).
50
1 Draft Minutes - Public Utilities Board Meeting
2 January 8, 2007
3 Page 3 of3
4
5
6 Board Member Cheek moved to approve Item 3 with the stipulation that equipment
7 purchases over $100,000 require documentation for PUB approval. Robinson seconded the
8 motion. The motion was approved by a 4-0 vote.
9
10 4) Consider recommending adoption of an Ordinance in accordance with the provisions of State
11 law exempting such purchases from the requirements of competitive bidding awarding a
12 contract for purchase of a Caterpillar Model 345 BL Hydraulic Excavator MA2 from the City
13 of Brownwood; providing for the expenditure of funds therefore; and providing for an
14 effective date (File 3704-Purchase of Landfill Excavator awarded to the City of Brownwood,
15 Texas in the amount of $155,000).
16
17 Board Member Cheek moved to approve Item 4 with the stipulation that equipment
18 purchases over $100,000 will require budgetary documentation as part of the backup
19 material. Robinson seconded the motion. The motion was approved by a 4-0 vote.
20
21 7) Consider approval of awarding the third party collections services contract to Credit Systems
22 International, Inc., based on the proposal evaluation criteria, as provided for in the Request
23 for Proposal by Best Value - #3624.
24
25 Robinson asked staff if there was any documented history of performance for Credit Systems
26 International, Inc.
27
28 Charles Atkinson, Customer Service Manger, reported the collection debt to be approximately
29 $13M. Out of the total debt of$13M, the City has collected in house $3.4M or 29% and Credit
30 Systems International has collected $9.9M or 9% making a total collection rate of 38%.
31 Atkinson stated that staff was pleased with Credit System's overall performance.
32
33 Robinson moved to approve the item with a second from Cheek. The motion was approved
34 by a 4-0 vote.
35
36 The meeting was adjourned by consensus at 9:25 a.m.
37
AGENDA INFORMATION SHEET
AGENDA DATE: February 6,2007
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
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 four bucket trucks for Denton Municipal Electric by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3711-Interlocal
Agreement for the Purchase of Four Bucket Trucks for Denton Municipal Electric awarded to
Philpott Ford in the amount of $337,836). The Public Utilities Board recommends approval (6-
0).
FILE INFORMATION
This acquisition is for four Versalift 34- foot working height, articulated aerial platform lifts with
utility bodies mounted on Ford F-550 chassis (bucket trucks) through Buy Board Cooperative
Purchasing program. These units are motor pool replacements for similar units leased from a
third party over a 60 month time period and approved for replacement in the 2006-2007 budget
process.
PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its January 22, 2007 meeting.
RECOMMENDATION
Award to Philpott Ford in the amount of$337,836.
PRINCIPAL PLACE OF BUSINESS
Philpott Ford
Nederland, TX
Versalift Southwest
Waco, TX
ESTIMATED SCHEDULE OF PROJECT
The cab/chassis are in stock for immediate delivery. The delivery for the aerial lift and utility
body mounting for each unit is quoted to be 210-240 days or August 2007.
Agenda Information Sheet
February 6, 2007
Page 2
FISCAL INFORMATION
Funding for the trucks is available from budget account 605555.8535.3920.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Buy Board Pricing Sheet
l-AIS-File 3711
Attachment 1
CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT
VEHICLES
BUYBOARD #208-04
End User: CITY OF DENTON MUNICIPAL ELEC1RIC
Contact: BRAD WAITS
Product Description: FORD F550
Philpott Rep: ALAN WILEY
Date: 28- Dec-06
A.
Bid Series:
2
A. Base Price: I $ 19,459.00 1
B. Published Options [Itemize each below]
Code Options Bid Price Code Options Bid Price
REGULAR C.A.B 60 INCH CA STD 07F56 2007 MODEL UPGRADE $ 1,379.00
6.8L VI0 MANUAL SID GPC ADJUSTMENT INCL
AM.FM RADIO STD FUEL SURCHARGE INCL
HEA TER & DEFROSTER SID
99P 6.0L DIESEL UPGRADE $ 4,513.00 62R PTO PROVISION $ 238.00
5FC AERIAL LIFT $ 68,873.00
44B 5-SPEED AUTOMATIC $ 1,202.00 SEE VERSALIFT CHANGE NOTE
572 Ale $ 808.00 BELOW NOTE
PLP3 PAYLOAD PACKAGE # 3 $ 1 , 116.00
HD FRONT SERVICE SUSPENSION INCL
19,000 GV\VR INCL
165 84 IN CH CAB TO AXLE $ 190.00
Total ofB. Published Options:! $ 78,319.00 1
c~
Unpublished Options [Itemize each below, not to exceed 250/0]
$=
-13.7 0/0
Options Bid Price Options Bid Price
TRANSFER FROM GRANDE TRUCK $ 1 ~745.00 VERSALIFT VO-40-MHI AS PER SPEC $ (15,564.00)
F.O.B. WACO, TEXAS
TERMS OF SALE: UPON RECEIPT OF NOTE VERSALIFT DELIVERY TO DENTON, TEXAS $ 400.00
YOUR PURCHASE ORDER YOU WILL NOTE
RECEIVE INVOICES ON EACH FORD NOTE
CHASSIS IN THE AMOUNT OF $30,650.00 NOTE
PER CHASSIS. TERMS: NET 30 DAYS NOTE
THE REMAINING BALANCE NOTE
FOR THE VERSALIFT CONVERSION NOTE
WILL BE DUE ON FINAL DELIVERY. NOTE
Total of C. Unpublished Options: I $ (13,419.00)1
E.
Delivery Charges:
o
I
miles @ $.93/mile I $
I $ 84,359.00
I $ 337,436.00
$400.00 PER PURCHASE ORDER I $ 400.00
D.
Contract Price Adjustment:
F~
Total of A + B + C + D + E :;;:;: F
G.
Quantity Ordered 4
xF=
H.
BUYBOARD Administrative Fee
I.
Non-Equip Charges & Credits
1
I $ 337,836.00
J.
TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE
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 FOUR BUCKET
TRUCKS FOR DENTON MUNICIPAL ELECTRIC BY WAY OF AN INTERLOCAL
AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE
(FILE 3711-INTERLOCAL AGREEMENT FOR THE PURCHASE OF FOUR BUCKET
TRUCKS FOR DENTON MUNICIPAL ELECTRIC AWARDED TO PHILPOTT FORD IN
THE AMOUNT OF $337,836).
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
3711
Philpott Ford
$337,836
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
, 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
~~~D~ .
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 22, 2007
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
Monday, January 22,2007 at 9:03 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 John Baines
Ex Officio Members:
George Campbell, City Manager
Howard Martin, Assistant City Manager Utilities
Absent:
Randy Robinson, excused
Chair Charldean Newell announced that a quorum was present and convened the open
meeting at 9:03 a.m. to consider the following items:
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 adoption of an Ordinance of the City of Denton, Texas authorizing
the expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to the Lower Colorado River Authority (LCRA) and Texas Municipal
Power Agency (TMP A) for providing energy transmission services to the City of Denton;
and providing an effective date (File 3717-2006 Electrical Energy Transmission Fees-Lower
Colorado River Authority in the amount of $295,074 and Texas Municipal Power Agency in
the amount of $40,245 for a total award of$335,319).
2) Consider recommending 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 four bucket trucks for Denton Municipal Electric
by way of an Interlocal Agreement with the City of Denton; and providing an effective date
(File 3711-Interlocal Agreement for the Purchase of Four Bucket Trucks for Denton
Municipal Electric awarded to Philpott Ford in the amount of $337,836).
3) Consider recommending approval of the purchase of a Flushing/Vacuum Combination Truck
through the Houston Galveston Area Cooperative (H-GAC) Purchasing Program from Hi-
Vac Corp/AQUA TECH for the Wastewater Department by way of an Interlocal Agreement
with the City of Denton in the amount not to exceed $234,278.
Board Member John Baines moved to approve consent agenda items 1 though 3 with a
second from Board Member Phil Gallivan. The motion was approved by a 6-0 vote.
The meeting was adjourned by consensus at 9:50 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: February 6,2007
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Charles Atkinson 349-7421
ACM:
Jon Fortune .
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas accepting competitive sealed
bids and awarding a best value contract for collection services for various City of Denton
departments; authorizing the expenditure of funds therefor; and providing an effective date (Bid
3624-awarded to Credit Systems International, Inc.). The Public Utilities Board recommends
approval (4-0).
BID INFORMATION
This bid is for the selection of a best value service provider for the collection of accounts
receivables for the Utilities, Ambulance, Code Enforcement Liens and Miscellaneous
receivables. The following paragraphs are an excerpt from the background information included
on the agenda sheet submitted to the Public Utilities Board at their January 8, 2007 meeting.
The City had contracted for collection services for utilities, miscellaneous receivables and
ambulance for several years with a company called Associate Receivable Consultants. In 2002,
the collection process was reviewed and it was determined that the City would continue 3rd party
collections and issue a request for proposal. Proposals were accepted and Credit Systems
International (CSI) was awarded a I-year contract with three additional I-year renewal options.
That contract will expire as of February 15,2007.
The collection process was opened up to allow all departments access to the service. City
accounts included in the current process are utilities, ambulance, Code Enforcement liens, and
miscellaneous receivables. However, the majority of items turned over for collection are for
unpaid utility bills. Utilities personnel have been pleased with CSI's services. They have
supported us in our intent to maintain a professional approach to managing the "bad debt"
accounts of the City. First, CSI supports our decision to perform in-house collections for 120
days prior to transferal. This allows us to collect during the most productive collection period
and receive 100% of the payment before allowing CSI to collect and retain the collection fee.
Second, CSI uses firm but non-abrasive collection processes. Third, they promptly report to the
credit bureaus and work with us, and our customers to resolve any issues.
Agenda Information Sheet
February 6, 2007
Page 2
BID INFORMATION (CONTINUED)
A committee was made up of five representatives from Utilities (2), Ambulance, Code
Enforcement and Purchasing. Through proposal evaluation criteria, designed to select the best-
value service provider, Credit Systems International, Inc. ranked the highest and is recommended
for the current contract. The term of the current contract is for an initial 2-year period with the
option to renew for two additional I-year periods. The selection criteria was as follows:
1. Compliance with bid specifications 25 points
2. Price for services 25 points
3. Number of contracts with other government entities 20 points
4. Agency's past/current experience working with Utility accounts 15 points
5. Processing and timing of payments to City and billing for services 15 points
Six respondents were ranked and Credits Systems International, Inc scored the highest based on
the above criteria.
PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its January 8, 2007 meeting.
RECOMMENDATION
Award to Credit Systems International, Inc. at a rate as indicated on the bid proposal page
(Attachment 3).
PRINCIPAL PLACE OF BUSINESS
Credit Systems International, Inc.
F ort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
This contract will become effective on February 16,2007. The term of this contract will be two
years. At the City of Denton's option and approval by the vendor, the contract may be renewed
for two additional one (1) year periods.
Agenda Information Sheet
February 6, 2007
Page 3
FISCAL INFORMATION
This is basically a self-funding agreement. The service provider is only paid based upon the
success of their collection. Under the previous agreement, the cost of collection services was
approximately $65,000.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Evaluation Summary
Attachment 2: Utility/Monthly Collection Cost Summary
Attachment 3: Bid Proposal from Credit Systems International, Inc.
l-AIS-Bid 3624
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Attachment 2
MONTHLY THIRD PARTY COLLECTION ACTIVITY - 2006
> 120 Day
Collection Total Third Total City
Activity For Party Fee Paid to Agency Fee Revenue After
CSI Collection Agency Percentage Service
1/31/2006 $2,889.47 $546.12 18.9O~ $2,343.35
2/28/2006 $11,755.13 $2,221.73 18.9O~ $9,533.40
3/31/2006 $6,559.10 $1,239.67 18.9O~ $5,319.43
4/30/2006 $6,102.66 $1,153.40 18.9O~ $4,949.26
5/31/2006 $3,573.32 $675.36 18.9O~ $2,897.96
6/30/2006 $868.15 $164.08 18.9O~ $704.07
7/31/2006 $2,969.20 $561.21 18.9O~ $2,407.99
8/31/2006 $1,503.17 $284.10 18.9O~ $1,219.07
9/30/2006 $2,996.52 $566.35 18.9O~ $2,430.17
10/31/2006 $2,888.09 $545.84 18.9O~ $2,342.25
11/30/2006 $5,100.64 $964.03 18.9O~ $4,136.61
12/31/2006 $0.00 $0.00 O.Oo~ $0.00
Totals $47,205.45 $8,921.89 18.90/0 $38,283.56
<120 Days I
Forward
1/31/2006 $4,446.45 $973.77 21.9O~ $3,472.68
2/28/2006 $13,947.59 $3,054.50 21.9O~ $10,893.09
3/31/2006 $13,534.06 $2,963.96 21.9O~ $10,570.10
4/30/2006 $9,993.06 $2,188.49 21.9O~ $7,804.57
5/31/2006 $14,313.37 $3,134.59 21.9O~ $11,178.78
6/30/2006 $30,898.22 $6,766.73 21.9O~ $24,131.49
7/31/2006 $17,986.39 $3,939.01 21.9O~ $14,047.38
8/31/2006 $20,976.85 $4,593.93 21.9O~ $16,382.92
9/30/2006 $20,665.41 $4,525.76 21.9O~ $16,139.65
10/31/2006 $14,896.95 $3,262.44 21.9O~ $11,634.51
11/30/2006 $14,384.18 $3,150.17 21.9O~ $11,234.01
12/31/2006 $0.00 $0.00 O.Oo~ $0.00
Totals $176,042.53 $38,553.35 21.90/0 $137,489.18
Attachment 3
CITY OF DENTON ,
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODe ENFORCEMENT' LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES.
BID PROPOSAL
Estimated Quantities
Item Service No.. of Amount Fee*
Accts.
A PART A - Utilities including active drainage
accounts and miscellaneous receivables
1 Outstanding accounts 11 ,579 $3,589,490 JS.'l %
(August 2001 - October 2006)
2 Monthly collections (Avg. age: 120 days) 200 $52,000 otl! 'L%
B PART B - Emergency Medical Service
Ambulance billing
1 Outstanding accounts 4713 1,967,785 oto . '1-%
(1'999 - April 2006)
2 Monthly collections (Avga age: 240 days) 90 $90,000 024 · '1-%
PART C- Code Enforcement Liens
C including mowing, trash and debris r~moval
. ~ and other liens or judgments .
1 Outstanding accounts 463 $1331357 otL.9-%
1986 - Sept. 2006
2 Monthly collections (Avg~ age: 45 days) 5 $872 ~%
Monthly collection"s for
D Utilitiesl Ambulance/Miscellaneous 295 $142,872 ~eO.'l %
Receivables/Code Enforcement Liens
(combined)
Account collected by City if account had
E been turned over to the vendor that N/A N/A .%
collections has not yet been actively
pursued.
." ,
* If your fee structure is not based on a percentage structure as shown above, please
provide a d~taiJed explanation of your fee structure.
. PAGE 1 OF BID # 3624
Bidder's Initials 'ffi-
ORDINANCE.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE
SEALED BIDS AND AWARDING A BEST VALUE CONTRACT FOR COLLECTION
SERVICES FOR VARIOUS CITY OF DENTON DEPARTMENTS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
3624-AWARDED TO CREDIT SYSTEMS INTERNATIONAL, INC.).
WHEREAS, the City has solicited, received, and tabulated competitive best value bids, for
the purchase of necessary materials, equipment, supplies or services in accordance with the
procedures of State law and City ordinances based on the best value as determined by using the
selection criteria set forth in the request for bids; and
WHEREAS, the City's selection committee has reviewed and recommended that the herein
described bids are the best value based on the selection criteria for the materials, equipment,
supplies or services as shown in the "Bid Proposals" submitted; and
WHEREAS, the City's Purchasing Agent has determined that the best value bid process
provides the best value to the City for this procurement; 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 findings and conclusions set forth in the preamble of this ordinance are
incorporated within the body of the ordinance.
SECTION 2. The options 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, is hereby accepted and approved as being the best value based on the selection criteria
contained in the request for bids for such items:
BID
NUMBER
DESCRIPTION
VENDOR
3624
Collection Services
Credit Systems International, Inc.
SECTION 3. By the acceptance and approval of the above items of the submitted bids, the
City accepts the offer of the persons submitting the bids for such items and agrees to purchase the
materials, equipment, supplies or services in accordance with the terms, specifications, standards,
quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related
documents.
SECTION 4. The City Manager is hereby authorized to execute any and all necessary
written contracts for the performance of the services in accordance with the bids accepted and
approved herein, provided that such contracts are made in accordance with and relating to the items
specified in Section 1, which written contract(s) are on file in the office of the Purchasing Agent;
provided that the written contract is in accordance with the above Request to Submit Bids, Bid
Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications,
standards, quantities and specified sums contained therein.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
, 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~~
4-0RD-Bi7 --, . .. /~V-
BEST VALUE BID AGREEMENT
FOR COLLECTION SERVICES
THIS AGREEMENT is made and entered into as of the day of
2007, by and between the City of Denton, Texas, a Texas Municipal
Corporation, with its principal office at 215 East McKinney Street, Denton, Texas 76201
(hereafter "CITY");-and Credit Systems International. Inc., with its corporate office at 1277
Country Club Lane Fort Worth, TX 76112, (hereafter "COLLECTOR"); each acting herein, by
and through t_heir duly authorized representative or officer.
WITNESSETH, that in consideration of the covenants and agreements herein
contained, the parties hereto do mutually agree as follows:
ARTICLE I
EMPLOYMENT
The CITY hereby contracts with COLLECTOR, as an independent contractor, and the
COLLECTOR hereby agrees to perform the services herein in connection with the Project as
stated'in the articles to follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of Texas. The professional
services set out herein are in connection with the following described Project, to wit:
To provide collection services for miscellaneous accounts receivable. Accounts
. receivable that are owed to, but have not been collected by the CITY, can include services for
utilities, ambulance and other miscellaneous accounts. The requirement is to increase
revenue collections and at the same time maintain a professional approach when managing
IIbad debt" accounts of the CITY.
ARTICLE II
SCOPE OF SERVICES
The COLLECTOR shall perform the following services in a professional manner:
A. The COLLECTOR shall perform those services as are necessary and as described in
the CITY'S "Best Value Bid for Utilities, Ambulance, Code Enforcement Liens and
Miscellaneous Receivables Collection Services" which is attached hereto,
incorporated by reference and made a part hereof as Exhibit "A."
B. Referral of Accounts - Collector agrees to accept all first placement accounts
receivable referred to Collector for collection ("Accounts") by CITY. It is . expressly
agreed that any and all Account information disclosed to Collector through placement
of Accounts will remain in the strictest confidence and will not be disclosed to any other
party without the CITY's written authorization and within the legal requirements of the
Health Insurance Portability and Accountability Act (HIPPA). -
PAGE 1 OF BID # 3624
C.Collection Efforts - COLLECTOR's services and collection efforts shall include the
sending of demand letters; attempting telephone contact with debtors; attempting to
locate debtors; obtain updated financial and cred it information with respect to debtors;
and arranging payment arrangements from the debtors in order to satisfy the
indebtedness to be collected. For each Account, COLLECTOR shall make these
collection efforts for a period of at least 365 days from receipt of the Account. At the
end of the 365 day period, all inactive uncollected Accounts must be promptly returned
to the CITY, along with its find ings and recommendations. Active Accounts (those who
have a payment pending or are actively on a payment plan) may be retained by
COLLECTOR for an additional 180 days, for a total of 545 days, or returned sooner if
an Account becomes inactive. If COLLECTOR has not succeeded in collecting any
part of the Account during that time period, then COLLECTOR shall promptly submit its
findings and recommendations to the CITY.
D. Collections and Settlement - COLLECTOR shall in all cases attempt to collect the
total sum of outstanding receivables and all charges owed by the debtor on an
Accou nt"
E. Notification of Claims - COLLECTOR agrees to promptly advise CITY of any claims
or causes of action asserted against the CITY by any debtor..
F. Return of Accounts - Unless this Agreement shall be terminated as hereinafter
provided, and unless CITY expressly agrees otherwise, in advance, for each Account,
COLLECTOR shall cease its activities and return the Account to the CITY if (i) no
collection arrangement has been madewithin365 days of receiving the Account, or (ii)
after having made a collection arrangement for a particular Account, no amounts are
collected by the Collector for a continuous period of 365 days. The Accounts may not
be held for a period longer than eighteen (18) months.
G. Withdrawal of Referred Accounts - CITY may withdraw any Account assigned to
COLLECTOR at any time for any reason.
H. Reporting - COLLECTOR shall submit to the CITY, activity reports and such other
information relative to the Accounts as is requested in the "Best Value Bid for Utilities,
Ambulance, Code Enforcement Liens and Miscellaneous Receivables Collection
Services" document -attached hereto as Exhibit "A."
I. If there is any conflict between the terms of this Agreement and the Exhibits attached
to this Agreement the terms and conditions of this Agreement will control over the
terms and conditions of the attached Exhibits.
ARTICLE III
PERIOD OF SERVICE
A. This Agreement shall become effective on its date of final approval by the Denton City
Council. The term of this Agreement shall be for twenty-four (24) months. It shall be
PAGE 2 OF BID # 3624
renewable for up to two (2) additional one-year periods, with all the terms and
conditions remaining unchanged, if agreed to by both parties, provided that
COLLECTOR's performance of this Agreement is not objectionable as determined by
the City Council. Provided however, the renewal of said Agreement for each of the two
(2) additional one-year periods shall be automatic unless the CITY provide a minimum
of thirty (30) days written notice to the other party, before the Agreement term or any
such renewal term expires..
B. CITY may terminate this agreement immediately by oral or written notice if (i)
COLLECTOR violates or breaches any term or condition of the Agreement, or if (ii)
CITY reasonably determines that there has been a material adverse change in
COLLECTOR's financial condition. COLLECTOR shall still be entitled to receive its
fee as provided in Article IV hereof. In case oftermination hereunder this paragraph (i)
all accounts and file materials shall be returned immediately to the CITY, (ii)
COLLECTOR shall immediately cease all collection efforts on CITY Accounts.
ARTICLE IV
COMPENSATION
COLLECTOR as full compensation for its services performed hereunder shall receive a
fee as outlined in the "Bid Proposal" attached hereto as Exhibit "B" on all monies collected on
Accounts in the COLLECTOR'S possession for which the COLLECTOR has begun active
collection procedures. Active collections will be based on proof of first contact with the debtor.
If the CITY collects on an Account that is in the COLLECTOR's possession that the
COLLECTOR has not started pursuing collections, then COLLECTOR shall immediately
return the account to the CITY and no fee shall be charged. A complete listing of all fees is
included in the "Bid Proposal" attached hereto as Exhibit "B". It is understood, that the
COLLECTOR will take no legal action regarding collections.
ARTICLE V
REMITTANCES
COLLECTOR shall instruct debtors to send their payment(s) directly to the
COLLECTOR. COLLECTOR shall include payment instructions, as specified in the "Best
Value Bid for Utilities, Ambulance, Code Enforcement Liens and Miscellaneous
Receivables Collection Services" (Exhibit "A" hereto), in all correspondence or other
materials sent to each debtor. The COLLECTOR will remit monthly, by the 10th of each
month, to the CITY payment(s) received by debtors with a report of payments received
from debtors on Accounts during the previous month. The CITY shall remit monthly, by
the 15th of each month, the agreed fee to COLLECTOR based solely upon the reported
information ·
ARTICLE VI
INDEPENDENT CONTRACTOR
The COLLECTOR shall provide services to the CITY as an independent contractor,
not as an employee of the CITY. COLLECTOR shall not have or claim any right arising
from employee status..
PAGE 3 OF BID # 3624
ARTICLE VII
INDEMNITY AGREEMENT
THE COLLECTOR SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE
CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND
ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES AND EXPENSES, INCLUDING
BUT NOT LIMITED TO COURT COSTS AND REASONABLE A TIORNEY FEES INCURRED
BY THE CITY, AND INCLUDING WITHOUT, LIMITATION DAMAGES FOR BODILY AND
PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE
NEGLIGENT ACTS OR OMISSIONS OF THE COLLECTOR OR ITS OFFICERS,
SHAREHOLDERS, AGENTS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR
PERFORMANCE OF THIS AGREEMENT.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CREATE A
LIABILITY TO ANY PERSON WHO IS NOT A PARTY TO THIS AGREEMENT AND
NOTHING HEREIN SHALL WAIVE ANY OF THE PARNS 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 VIII
ARBITRATION AND At TERNATE DISPUTE RESOLUTION
The CITY and COLLECTOR may agree to settle any dispute 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 IX
BOND
During the performance of the professional selVices under this Agreement, the
COLLECTOR shall maintain the following surety bond with a surety licensed to do
business in the State of T exa~ and in a form approved by the City Attorney:
A. A surety bond in an amount of at least $10,000, guaranteeing paymentto the CITY
for monies due the CITY during the Agreement term or any renewal thereof, to be
in effect for the term of this Agreement or any renewal thereof, and for an additional
period of ninety (90) days thereafter.
PAGE 4 OF BID # 3624
ARTICLE X
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the, CITY shall not constitute nor be deemed a release of the
responsibility and liability of the COLLECTOR, its employees, associates, agents,
subcontractors and sub-consultants for the competency of their work; nor shan such
approval be deemed to be an assu mption of such responsibility by the CITY for any work
by the COLLECTOR, its employees, associates, agents. subcontractors, and sub-
consultants..
ARTICLE XI
NOTICES
All notices, communications. and reports required or permitted under this
Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail at the address shown below, certified mail, return receipt.
requested unless otherwise specified herein. Mailed notices shall be deemed
communicated as of three (3) days mailing:
TO COLLECTOR:
TO CITY:
For Contractual Notices
For Account Activity
t.SJL
l ~JI4- ~trtMortS- ~
,. - . -
},.t1"J (olUt-lry ClttJ ~
~-I. "'-',+It I TX 7'" II ~
CITY OF DENTON CITY OF DENTON
Attn: Charles Atkinson Attn: Pamela Dugger
Customer Svc.. Manager Credit/Collections
601 E. Hickory St., Ste. F Accounts Supervisor
Denton. TX 76205 601 E. Hickory St.. Ste. F
Denton, TX 76205
All notices shall be deemed effective upon receipt by the party to whom such notice is
given or within three days mailing.
ARTICLE XII
ENTIRE AGREEMENT
This Agreement consisting of eight (8) pages and two (2) Exhibits constitutes the
complete and exclusive statement of the terms of their agreements and supercedes all
prior contemporaneous offers, promises. representations. . negotiations. discussions,
communications and agreements which may have been made in connection with the
subject matter hereof..
PAGE 5 OF BID # 3624
ARTICLE XIII
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 party shall reform this Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible
to expressing the intention of the stricken provision.
ARTICLE XIV
COMPLIANCE WITH LAWS
The COLLECTOR shall comply with all federal, state, local laws, rules, regulations,
and ordinances regarding Fair Debt Collections practices for which is applicable to the
work covered hereunder as they may now read or hereinafter be amended.
ARTICLE XV
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the COLLECTOR shall not
discriminate against any person on the basis of race, color, religion, sex, national origin or
a~cestryt age, or physical handicap.
ARTICLE XVI
PERSONNEL
A. The COLLECTOR represents that it has or will secure at its own expense all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations
with the CITY. COLLECTOR shall promptly inform the CITY in writing of any
conflict of interest or potential conflict of interest that may arise during the term of
.this Agreement..
B. All services required hereunder will be performed by the COLLECTOR or under its
care. custody, and supervision. COLLECTOR shall ensure that all personnel
engaged in work are duly qualified, and permitted under state. and local laws to
perform such services. '
ARTICLE XVII
ASSIGNABILITY
The COLLECTOR 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 CITY.
'PAGE 6 OF BID # 3624
ARTICLE XVIII
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. and is duly executed. The parties further agree that the
provisions of this article will not be waived unless as herein set forth;
ARTICLE XIX
MISCELLANEOUS
A. The following Exhibits are attached to, incorporated herewith, and are made a part of
this Agreement:
1. Exhibit "A" - Bid #3624 - Best Value Bid for Utilities, Ambulance, Code
Enforcement Liens and Miscellaneous Receivables Collection Services.
2. Exhibit US" - Summary of Proposed Services
B. Venue of any suit or cause of action under this Agreement shall lie exclusively in
Denton County, Texas. This Agreement shall be construed in accordance with the
laws of the State of Texas.
C. COLLECTOR will promptly advise CITY of any Account on which it receives a
notice of bankruptcy. ~ the C1TY'3 v:itteR fE:qtl8st, COli ECTORw!ltfile~..-
elaiFFl SA Bokalf of ~c CITY iA CITY's Raffle. 00. its ag0~. rJll1--1 '
- ~~
D. If COLLECTOR's efforts result in collateral, securing an Account, being returned to
the CITY, then COLLECTOR shall be entitled to receive the standard fee that
otherwise would have been paid under Article IV herein, based upon the net
amount of money that the CITY receives from the sale of the collateral. The cost to
the CITY of repossession, of storing, and of selling the collateral shall be first
deducted from the amount of sale proceeds COLLECTOR is paid a fee on. CITY
shall promptly report to COLLECTOR when the collateral is sold, the applicable
costs of repossession. of storage, of selling the collateral, and the sale price. CITY
shall then remit COLLECTOR's fee hereunder within thirty (30) days from receipt of
payment from the Purchaser of the property at the sale.
E. COLLECTOR will accurately, lawfully, and fairly report all accounts to EXPERIAN
and/or another credit bureau immediately upon receipt of accounts information on
the Accounts received from the CITY..
F. COLLECTOR will provide technical support to enable electronic placement of
PAGE 7 OF BID # 3624
Accounts. COLLECTOR will also provide regular, periodic software or electronic
reports to the CITY to enable Account balance review by the CITY. and
COLLECTOR comments regarding review of Accounts held by C.OLLECTOR, each
in order to. comply with the specifications of the "Request for Bid by Best Value"
attached hereto as Exhibit "A.I'
G. 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 HEREOF, the City of Denton, Texas has executed this Agreement by
and through its - duly authorized undersigned City Manager; and COLLECTOR has
executed this Agreement by and through its duly authorized undersigned officer, in
duplicate original counterparts, on this the day of , 2007.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
c.IJt
WITNESS/A TTEST:
By:
PAGE 8 OF BID # 3624
Purchasing Department
90 1-B Texas St.
Denton, TX 76209
(940) 349-7100
www.dentonpurchasing.com
ADDENDUM #1
Bid # 3624
Best Value Bid For
Utilities. Ambulance. Code Enforcement Liens
and Miscellaneous Receivables Collection
Services
BIDS DUE: November 28, 2006
2:00 P.M.
Bid submitted by:
Company Name
BID # 3624
ADDENDUM #1
Addendum #1 to be returned with Bid Proposal
The following answers are provided to address questions submitted by prospective
proposers:
1. On page 10 of the RFP, under Submitting Bid Proposals, Part A, it states "including
active drainage accounts and miscellaneous accounts." Can Denton explain what
is meant by "active"? Are these accounts delinquent?
Active drainage accounts are accounts that are active in our utility billing
system and continue to bill each month. These accounts receive new billing
monthly. There are currently twelve (12) active drainage accounts reported
to the collection agency and are updated quarterly.
2. Are there any insurance requirements that have not been listed in the RFP aside
from the Surety Bond while under contract, and can they be provided for review?
No
3. Who are the incumbents, if any?
Credit Systems International, Inc.
4... How long have they been providing the requested services?
S'ince 2002.
5. Has the current contract gone full term?
Yes
6~ Has Denton exercised all options to extend the current contract?
Yes, we have extended to the maximum length of the contract.
7. Why is the contract out to bid?
End of the four-year contract term
8. If not all accounts are owed by individuals, can the City provide a percentage
breakout of accounts owed by individuals versus those owed by commercial
businesses?
Utilities/Miscellaneous Receivables
Residential utility accounts would account for 980/0 of collections, whereas
commercial utility accounts turned over for collections is a small percentage.
Page 2
BID # 3624
ADDENDUM #1
Code Enforcement Liens
Approximately 13% of the outstanding liens are on properties currently
commercially owned.
9. What internal collections does Denton attempt before referring accounts to
collections?
Internal collections consist of reviewing of accounts and transferring
outstanding amounts from final accounts to active accounts when
applicable. Commercial accounts receive collection calls. All final accounts
receive a final bill and two collection letters prior to transferring accounts to
collection age-ncy.
10. Will accounts be authorized for litigation?
No
11. If necessary, will the historical accounts residing with the incumbent be transferred
to the newly awarded agency, or at least accounts that are not under any payment
arrangements?
Yes, most collection accounts that are residing with the current collection
agency will be transferred to the newly awarded agency. Please see the bid
proposal page (Page 1 of Bid #3624) for the number of accounts and total
amounts that the City plans to send.
It is preferred that the newly awarded agency maintain payment arrangements
for active collection accounts.
12. What are the current fees Denton is paying for the various account types, for both
historical and ongoing account placements, including for litigation if authorized?
Please see the attached Fee Schedule for Credit Systems International, Inc.
13. What kind of liquidation has Denton received under the current contract( s)?
None
14. Does the City plan on conducting oral presentations or site visits as part of their
selection process?
Past selection was based solely on the information provided in bid proposals
received. The City reserves the right to schedule site visits prior to award of
contract.
Page 3
BID # 3624
ADDENDUM #1
15. What is the current vendors collection success percentage?
Approximately fifteen percent (150/0)
16. What is the City's estimated dollar value of future submissions? What is the
average number of future accounts to be submitted? What age will the new
accounts be at submission?
See bid proposal page (Page 1 of Bid #3624)
The deadline for submitting technical questions is November 17, 2006. Technical
questions will not be accepted after this date.
NO OTHER CHANGES AT THIS TIME.
This form shall be signed and returned with your bid.
Name:
Signature:
Company:
Title:
Date:
Page 4
Exhibit A
Purchasing Department
901-8 Texas St.
Denton, TX 76209
(940) 349-7100
www.dentonpurchasing.com
Bid # 3624
Best Value Bid For
Utilities2 Ambulance, Code Enforcement Liens
and Miscellaneous Receivables Collection
Services
The award of th is contract will be based upon a "best value" evaluation as allowed by Chapter 252
of the Texas Local Government Code. The criteria for the evaluation is listed in the invitation to bid
documents. Only those items listed can be used to determine "best value".
BIDS DUE: November 28, 2006
2:00 P.M.
Bid submitted by:
Company Name
TABLE OF CONTENTS
PROPOSAL FORMS ........ .................... ........... .................. ............ .................. ......... ........... 1 - 2
BID INSTRUCTIONS AND CONDITIONS ........................................................................... 3 - 7
OPENING DATE. TIME, PROCEDURES, CONTACTS ................ .................................. 3
GENERAL COND ITIONS.................................................... ....................................... 3 - 6
EVALUATION CRITERIA............... ...................................................................... ........... 6
SPECIAL TERMS AND CONDITIONS............................................................................ 7
DISADV ANT AGE 0 au 51 NESS ENTERPRiSES..... .......... ........................................................ 8
VE N DO R RE F E RE N C.E S .......................................................................................................... 9
TEC HNICAl SPECIFICATIONS ....... ..... ......... ....................... .~.................... .................... 10 - 13
APPEN 0 IX A ................. .............................. ............. ..................... ..... ........... ........... ....... 14 - 24
SAMPLE SERVICE AGREEMENT ................................................ ............... ........ 15 - 22
CONFLICT OF INTEREST QUESTIONNAIRE ................................. ....................23 - 24
AP PEN 0 IX B .................................................................................................................. 25 - 28
COLLECTION SERVICES QUESTIONNAIRE......... ..................... ................ ........26 - 28
This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the
bid package. Bidders are responsible for reading the entire bid package and complying with all
specifications.
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
BID PROPOSAL
Estimated Quantities
Item Service No. of Amount Fee*
Accts.
A PART A - Utilities including active drainage
accounts and miscellaneous receivables
1 Outstanding accounts 11 ,579 $3,589,490 0/0
(August 2001 - October 2006)
2 Monthly collections (Avg. age: 120 days) 200 $52,000 0/0
B PART B - Emergency Medical Service
Ambulance billing
1 Outstanding accounts 4713 1,967,785 0/0
(1999 - April 2006)
2 Monthly collections (Avg. age: 240 days) 90 $90,000 0/0
PART C - Code Enforcement Liens
C including mowing, trash and debris removal
and other liens or judgments
1 Outstanding accounts 463 $133,357 0/0
1986 - Sept~ 2006
2 Monthly collections (Avg. age: 45 days) 5 $872 0/0
Monthly collections for
D Utilities! Ambulance/M iscellaneous 295 $142,872 %
Receivables/Code Enforcement Liens
(combined)
Account collected by City if account had
E been turned over to the vendor that N/A N/A 0/0
collections has not yet been actively
pursued.
* If your fee structure is not based on a percentage structure as shown above, please
provide a detailed explanation of your fee structure.
PAGE 1 OF BID # 3624
Bidder sin itials
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
The undersigned agrees this bid becomes the property of the City of Denton after the official
opening.
The undersigned affirms he has familiarized himselfwith the local conditions under which the work
is to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other matters that may be incidental to the work, before submitting a bid.
The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which
prices are offered, at the price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days
unless a different period is noted by the bidder.
The undersigned affirms that they are duly authorized to execute this contract, that this bid has
not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and
that the contents of this bid have not been communicated to any other bidder or to any employee
of the City of Denton prior to the official opening of this bid.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seQ., and
which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code,
Section 15.01 , et seq.
The undersigned affirms that they have read and do understand the specificati.ons and any
attachments contained in this bid package.
NAME AND ADDRESS OF COMPANY:
AUTHORIZED REPRESENTATIVE:
Signature
Date
Name
TeL No.
Title
Fax No..
EmaiL
COMPANY IS:
Business included in a Corporate Income Tax Return? YES NO
Corporation organized & existing under the laws of the State of
Partnership consisting of
Individual trading as
Principal offices are in the city of
PAGE 2 OF BID # 3624 . Bidder's Initials
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
COMPLETE SET OF ORIGINAL AND FIVE (5) COPIES OF EXECUTED BID PROPOSAL
MUST BE RECEIVED IN THE PURCHASING DEPARTMENT AT 901-8 TEXAS ST, DENTON, TX 76209
ON OR BEFORE NOVEMBER 28, 2006 AT 2:00 P.M.
QUESTIONS REGARDING SPECIFICATIONS MUST BE SUBMITTED IN WRITING TO THE PURCHASING OFFICE FIVE
(5) WORKI NG DA V$ PRIOR TO THE BID OPENING. ALL QUESTIONS SUBMITTED AFTER THAT DATE W ILL NOT BE
CONSIDERED TO ENSURE ALL BIDDERS ARE GIVEN EQUAL ACCESS TO THE INFORMATION PROVIDED"
All questions regarding the bid and purchasing process should be directed to:
Tom Shaw, Purchasing Agent Email: Tom.Shaw@cityofdenton.com
Phone: (940) 349-7100 Fax: (940) 349-7302
Directions to the Purchasing Department can be accessed at www.dentonpurchasing.com
(Click on "Directions to our Office")
All bids. includin~ a "NO BID". are due in the Purchasinq Department bv the due date, in
sealed envelopes or boxes. All bids must be clearly marked with the name of the Company
submitting the bid, the Bid Number and Date and Time of opening on the outside of the
envelope/box. Original bid must be clearly marked "ORIGINAL" and contain all original
signatures. All proposal pages must be initialed or signed where indicated. All bids will be
publicly opened at the date and time listed above or as soon thereafter as practical. The City of
Denton does not accept faxed or e-mailed bids.
Anv bid received after the date and/or hour set for bid openina will be returned unop.ened.
If bids/proposals are sent by mail to the Purchasing Department, the bidder shall be responsible
for actual delivery of the bid to the Purchasing Department before the advertised date and hour for
opening of bids. If mail is delayed either in the postal service or in the internal mail system of the
City of Denton beyond the date and hour set for the bid opening, bids thus delayed will not be
considered and will be returned unopened.
Bids may be withdrawn at any time prior to the official opening. Alterations made before opening
time must be initialed by bidder guaranteeing authenticity. Any attempt to negotiate or give
information on the contents ofthis bid with the City of Denton or its representatives prior to award
shall be grounds for disqualification. After the official opening, bids become the property of the
City of Denton and may not be amended, altered or withd rawn without the recommendation of the
Purchasing Agent. The approval of the City Council is required for public works projects.
The City of Denton reserves the right to accept or reject in part or in whole any bids submitted,
unless denied by the bidder, and to waive any technicalities for the best interest of the City. Any
submitted article deviating from the specifications must be identified and have full descriptive data
accompanying same, or it will not be considered. Su bmitted bids shall remain in force for a ninety
(90) day period after opening or until award is made; whichever comes first. In case of default
after bid acceptance, the City of Denton may at its option hold the accepted bidder or contractor
liable for any and all resultant increased costs as a penalty for such default. The City of Denton
will award the bid to the most qualified bidder while complying with all current state and local laws.
The City of Denton is exempt from Federal Excise and State Sales Tax; therefore, tax must not be
included in this bid.
PAGE 3 OF BID # 3624
Bidder's Initials
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODe ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
The City of Denton is requesting bids for BEST VALUE BID FOR UTILITIES, AMBULANCE,
CODe ENFORCEMENT LIENS AND MISCELLANEOUS RECEIVABLES COLLECTION
SERVICES. The City will only accept new products and will reject proposals for used or
remanufactured goods. All bids must be submitted on the attached Bid Proposal Form. Vendors
may bid on any or all items. The City of Denton will not enter into any contract where the cost is
provisional upon such clauses as "escalator" or "cost-plus" clauses.
All bids shall specify terms and conditions of payment, which will be considered as part of, but not
control, the award of bid. . City review, inspection, and processing procedures ordinarily require
thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before
thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be
considered only if, in the opinion of the Purchasing Agent, the review, inspection, and processing
procedures can be completed as specified.
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E
McKinney St, Denton, TX, 76201-4299. It is the intention of the City of Denton to make payment
on completed orders within thirty days after receipt of invoice or items; whichever is later, unless
unusual circumstances arise. Invoices must be fully documented as to labor, materials, and
equipment provided, if applicable, and must reference the City of Denton Purchase Order
Number in order to be processed. No payments shall be made on invoices not listing a
Purchase Order Number.
Continuina non~periormance of the vendor in terms of Specifications shall be a basis for the
termination of the contract by the City. The City shall not pay for work, equ ipment, or supplies that
are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct
the deficiencies. This. however, shall in no way be construed as negating the basis for non-
pertormance termination.
The contract may be terminated by the City upon written thirty (30) days notice prior to
cancellation.
Bids will be considered irregular if they show any omissions, alteration of form. additions or
conditions not called for, or irregularities of any kind. However, the City of Denton reserves the
right to waive any irregularities.
The City of Denton reserves the right to accept or reject in part or in whole any bids submitted,
and to waive any technicalities for the best interest ofthe City. Bids may be rejected, among other
reasons, for any of the following specific reasons:
1 " Bids containing any irregularities~
2. Unbalanced value of any items.
3. - Bid price cannot be determined based upon information provided, Le. missing
freight charges, or other fees.
This request for bids does not commit the City to award a contract, issue a purchase order, or pay
any costs incurred in the preparation of a proposal in response to this bid invitation.
PAGE 4 OF BID # 3624
Bidder's Initials
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
Bidders may be disqualified and their bids not considered for any of the following reasons:
1. Collusion exists among the Bidders.
2. Reasonable grounds for believing that any Bidder is interested in more than one Bid
for the work contemplated.
3. The Bidder being interested in any litigation against the City.
4. The Bidder being in arrears on any existing contract or having defaulted on a
previous contract.
5. Lack of competency as revealed by a financial statement, experience and
equipment, questionnaires, etc.
6. Uncompleted work, which in the judgment of the City, will prevent or hinder the
prompt completion of additional work, if awarded.
7. Any other unresolved issues with the City.
Due care and diligence has been used in preparation of this information, and it is believed to be
substantially correct. However, the responsibility for determining the full extent of the exposure
and the verification of all information presented herein shall rest solely with the proposer. The City
of Denton and its representatives will not be responsible for any errors or omissions in these
specifications, nor for the failure on the part of the proposer to determine the full extent of the
exposures..
The successful bidder may not assign their rights and duties under an award without the written
consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the
event of default by the assignee.
The City reserves the right to demand bond or penalty to guarantee delivery by the date indicated.
If order is given and the Bidder fails to furnish the materials by the guaranteed date, the City
reserves the right to cancel the order without liability on its part.
PAGE 5 OF BID # 3624
Bidder's 1 n itials
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
Bid Evaluation
This is a Best Value Bid that will be evaluated by the criteria established in this bid document.
Response to specification is primary in determining the best value. Failure to comply with the
listed General Conditions may result in disqualification of bid. The successful bidderwill be that
bidder which provides the best value bid. The best value bids will be evaluated and rated on the
following areas.
1.
Compliance with bid specifications
25 pts~
2.
Agency's past/current experience working with a combination
of utilities and ambulance accounts
15 pts.
3.
Number of current contracts with other municipal .
governmental entities
20 pts.
4.
Price for services
25 pts.
5.
Process and timing of payments to City and billing for
services
15 pts.
The award of this contract will be based upon a "best value" evaluation as allowed by Chapter 252
of the Texas Local Govern ment Code. The criteria for the evaluation is listed in the invitation to bid
documents. Only those items listed can be used to determine "best value".
Award
The City reserves the right to award by line item, section, or by entire bid; whichever is most
advantageous to the City, unless denied by the bidder. The Denton City Council must approve
the vendor selected to provide the services outlined in the specifications. Each bid proposal
should be submitted as completely and accurately as possible. The City reserves the right to
request additional data or clarifications as needed.
Quantities indicated on the Bid Proposal Forms are estimates based upon the best available
information. The City reserves the right to increase or decrease the quantities to meet its actual
needs without any adjustments in the bid price. Individual purchase orders will be issued on an as
needed basis.
Contracts & Bonds
The successful awarded vendor will be required to sign the original contract and submit a $10,000
surety bond, guaranteeing payment to the City for monies due the City, before work is to
commence.
PAGE 6 OF BID # 3624
8 idder s In itials
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
SPECIAL TERMS AND CONDITIONS
Contract Terms
Successful vendor(s) will be awarded a twenty-four (24) month contract, effective from date of
award or notice to proceed as determined by the City of Denton Purchasing Department. At the
City of Denton's option and approval by the vendor, the contract may be renewed for two
additional one (1) year periods, as further explained in Renewal Options. Prices must remain
firm for the entire contract.
Renewal Options
The City of Denton reserves the right to exercise an option to renew the contract of the vendor for
two additional one (1) year periods, provided such option is stipulated in the Special Conditions
and agreed upon in writing by both parties. All prices, terms and conditions must remain the same
for each optional additional one-year period. If the City exercises the right in writing, the Bidder
shall update and submit any legal documents required during the initial solicitation by no later than
thirty (30) calendar days prior to the commencement of the option period. These documents, if
applicable, will be specified in the Special Conditions and include, but are not limited to, Insurance
Certificates and Performance Bonds and must be in force for the full period of the option. If the
updated documents are not submitted by the Bidder in complete form within the time specified,
the City will rescind its option and seek a new bid solicitation.
Cooperative Purchasing
The City of Denton encourages Cooperative Purchasing efforts among the governmental entities;
therefore it would be in the vendor's best interest to help the City of Denton facilitate this
cooperative effort.
Should other Governmental Entities decide to participate in this contract, would you, the Vendor,
agree that all terms, conditions, specifications, and pricinQ would apply?
Yes No
If you, the Vendor, checked yes, the following will apply:
Governmental Entities utilizing Inter-Governmental Contracts with the City of
Denton will be eligible, but not obligated, to purchase materials/services under the
contract(s) awarded as a result of this solicitation. All purchases by Governmental
Entities other than the City of Denton will be billed directly to that Governmental
Entity and paid by that Governmental Entity_ The City of Denton will not be
responsible for another Governmental Entity's debts. Each Governmental Entitywill
order its own material/services as needed.
PAGE 7 OF BID # 3624
Bidder's Initials
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODe ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY
Disadvantaaed Business Enterprises (DBE) are encouraged to participate in the City of
Denton's bid process. The Purchasing Department will provide additional clarification of
specifications, assistance with Bid Proposal Forms, and further explanation of bidding procedures
to those DBEs who request it.
Representatives from DBE companies should identify themselves as such and submit a copy of
the Certification.
The City recogn izes the certifications of the State of Texas Building and Procurement Commission
HUB Program. All companies seeking information concerning DBE certification are urged to
contact..
State of Texas HUB Program
Texas Building and Procurement Commission
PO Box 13047
Austin, TX 78711-3047
(512) 463-5872
If your company is already certified, attach a copy of your certification to this form and return with
bid..
COMPANY NAME:
REPRESENTATIVE:
ADDRESS:
CITY, STATE, ZIP:
TELEPHONE NO..
FAX NO .
Indicate all that apply:
Minority-Owned Business Enterprise
Women-Owned Business Enterprise
Disadvantaged Business Enterprise
PAGE 8 OF BID # 3624
Bidder's Initials
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
VENDOR REFERENCES
Please list three (3) Government references, other than the City of Denton, who can verify the
quality of service your company provides. The City prefers customers of similar size and scope of
work to this bid.
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TELEPHONE NUMBER:
SCOPE OF WORK:
CONTRACT PERIOD:
PAGE 9 OF BID # 3624
Bidder sin itials
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
SPECIFICATIONS
The City of Denton (City), is seeking a qualified Collection Company (Vendor), to provide
collection services for accounts receivables. Account receivables that are owed to, but not
been collected by the City, can include services for utilities, ambulance, code enforcement
liens and other miscellaneous accounts.. It is preferred that collection services are provided for
all the services listed above~ The majority of accounts sent to the vendor for collections will
consist of utilities and ambulance services. If collection services cannot be provided for the
three services, utilities, ambulance services and code enforcement liens, please submit a
quote for each service that can be performed by your companyw
The following information MUST be include in a submitted proposal:
Company or Firm Legal Name
Physical Address and Mailing Address (if different from Physical Address) of Bidder
Person Authorized to Sign Bid Proposal
Authorized Person's Title
Phone Number(s) (including area code) of Company or Firm
Company or Firm Fax Number
Federal Tax 10#
Submitting Bid Proposals
This invitation for best value' bids is seeking bid proposals for three (3) distinct projects:
Part A:
for collection services for delinquent utility accounts, including active drainage
accounts and miscellaneous accounts.
Part B:
for collection services for ambulance billing.
Part C:
for collection services of code enforcement liens including mowing, trash and
debris removal and all other liens or judgments the City may hold and in its
discretion for collections.
Proposals may be submitted on a single PART or a combination of PART..
The contract will be awarded to the vendor whose proposal is determined by the City to
be the best value service provider that meets specifications. The following requirements
must be met for full consideration in the decision making process.
. Vendor must obtain a surety bond for $10,000.00, guaranteeing payment to the City for
monies due the City under the contract period.
. Vendor must be able to accept and transmit information from the City via the mail, fax
or electronic file transmission at the City's option~
PAGE 10 OF BID # 3624
Bidder's Initials
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
. Vendor must report all accounts to Experian and/or another national credit bureau, at
the time the accounts are received from the City.
. Vendor must actively pursue all receivables, turned over by the City, regardless of the
amount owed.
. Vendor will retain all accounts for a period of 365 days. Inactive uncollected accounts
must be promptly returned to the City along with its findings and recommendations after
inactivity for 365 days. Active accounts (those who have a payment pend ing or are
actively on a payment plan) may be retained by the vendor for.an additional 180 days,
but will be returned sooner if an account becomes inactive.. If the vendor has not
succeeded in collection any part of an account during that time period, then the vendor
must promptly submit its findings and recommendations to the City.
. Vendor will retain a record of all accounts for the life of the account for credit bureau
reporting purposes.
. In processing and handling Emergency Medical Service Ambulance accounts, vendor
must comply with all Health Insurance Portability.and Accountability Act (HIPPA)
requirements and must maintain a compliance program or policy in place.
. Vendor must provide monthly reports on the collection activities. These reports are due
to the City by the 15th of each month and should include:
1. Acknowledgment of accounts received (number of accounts and total
revenue)
2. Itemized monthly activity statements (include for each service: summary of
co11ection activity, each debtor account collection status, and verified fee
amount due to collector)
3_ Statement of accounts being returned to the City
. Vendor must provide regular, periodic software or electronic reports to the City to
enable account balance review by the City, and vendor comments regarding review of
accounts held by the vendor. Vendor must provi'de technical support to enable
electronic placement of accounts.
. The City will pay the agreed upon fee based on the amount collected on a monthly
basis.. A monthly report will be provided by the City by the 5th working day of payments
received from debtors during the previous month for billing purposes.
. It is preferred that the vendor is located within the state of Texas and preferably located
within the Dallas/Fort Worth/Denton Metroplex. The vendor must be licensed to
conduct business in the state of Texas.
. It is preferred that the vendor employs bilingual collectors who can correspond with
Spanish-speaking debtors both orally and in writing.
PAGE 11 OF BID # 3624
Bidders Initials
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
. Vendor correspondence and collection methods must comply with a format acceptable
to the City and be in accordance with all federal, state and local statutes regarding Fair
Debt Collections practices.
. Vendor's collection experience and qualifications must be sufficient to provide the most
adequate and secure collection services as determined by the City"
. Vendor must provide skip-tracing services~
Schedule of Events
Issuing the bid invitation......................................................................... November 3, 2006
Deadline for technical questions by n..H.u....nu..............u"...........u .......n-".. November 17, 2006
Bid opening date................................. __............................................... November 28, 2006
Recommendation to City Council for Award.n...........~..........~u...."nu...... December 19, 2006
Contract Start Date.... ~......."........ H....... u.. n.. ~.........."........".......... u.......-...... January 9, 2007
All technical questions regarding this bid should be directed in writing to:
Charles Atkinson
.Customer Service Manager
City of Denton
601 E" Hickory, St., Ste F
Denton, TX 76205
Fax: 940-349-7211
E-Mail: Charles.Atkinson@cityofdenton.com
City of Denton's Estimated Outstandinq Account Data
Estimates as of October 2006:
8
Tvpe of Account Time Period No. of Accounts Averaae Amount
Util ity 8/2001 - 10/2006 1-1 ,579 $31 0 per acct.
Uti lity Avg. Age 120 days 200 $52.,000
Ambulance 1999 - April 2006 4713 $417 per acct.
Ambulance Avg~ Age 240 days 90 $90,000
Code Enf~ Liens 1986 - Sept. 2006 463 $288 per acct.
Code Enf" Liens Avg. Age 45 days 5 $872.22
Part
A
c
PAGE 12 OF BID # 3624
B idd er s In itials
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
The following response components must be included with bid proposal: (tab in order)
1.. Company Experience
Detail the experience the company office that will be responsible for this account has had
in collection of delinquent municipal accounts receivables. Include answers to the
questions listed under the Experience and Reputation section of the Collection Services
Questionnaire (Appendix B)..
2. Provide five references of collections in excess of $500,000 and any governmental
agencies. If not applicable, list your top three accounts. Include name, address, phone
number of the contact person, and length of time such entity or entities have been your
client. Indicate specifically what type(s) of collections services you provide'. The vendor
reference page included on page 9 shall be used..
3. Provide the number and type of collection clients your company has gained in the last 12
months and how many your company has lost in the last 12 months, and briefly explain the
loss of each client..
4. Explain in relevant detail how your company researches proper addresses and ownership
for delinquent accounts..
5.. Provide outline of progressive course of action taken to pursue delinquent accounts. You
may use the format under question number 1 on the Collection Services Questionnaire
(Appendix B).
6. Methods to be used
Describe the methods your company will use in the collection process for delinquent
municipal accounts receivables" Include method's as producing and mailing collection
letters, delinquent statements, notifications and other similar mailings, follow-up calls, and
handling inquiries from customers
7. Provide sample relevant documents,. including the following:
a. Invoices
b.. Proposed collection notices/letters to be sent to an individual
e" Proposed collection notices/letters to be sent to an entity or a company
d ~ Telephone scripts
8. Progress/status reports that will be provided to the City of Denton
8. Completed Collection Services Questionnaire (Appendix B)
PAGE 13 OF BID # 3624
Bid der' sin itials
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
APPENDIX A
PAGE 14 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
BEST VALUE BID AGREEMENT
FOR COLLECTION SERVICES
THIS AGREEMENT is made and entered into as of the day of
2007, by and between the City of Denton, Texas, a Texas Municipal
Corporation, with its principal office at 215 East McKinney Street, Denton, Texas 76201
(hereafter "CITY"); and ' with its corporate office at
, (hereafter "COLLECTORn); each acting herein, by and
through their duly authorized representative or officer.
WITNESSETH, that in consideration of the covenants and agreements herein
contained, the parties hereto do mutually agree as follows:
ARTICLE I
EMPLOYMENT
The CITY hereby contracts with COLLECTOR, as an independent contractor, and the
COLLECTOR hereby agrees to perform the services herein in connection with the Project as
stated in the articles to follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of Texas. The professional
services set out herein are in connection with the following described Project, to wit:
To provide collection services for miscellaneous accounts receivable. Accounts
receivable that are owed to, but have not been collected by the CITY, can include services for
utilities, ambulance and other miscellaneous accounts. The requirement is to increase
revenue collections and at the same time maintain a professional approach when managing
ubad debt" accounts of the CITY.
ARTICLE II
SCOPE OF SERVICES
The COLLECTOR shall perform the following services in a professional manner:
A. The COLLECTOR shall perform those services as are necessary and as described in
the CITY1S t'Best Value Bid for Utilities, Ambulance, Code Enforcement Liens and
Miscellaneous Receivables Collection Services" which is attached hereto,
incorporated by reference and made a part hereof as Exhibit uA."
B. Referral of Accounts.. Collector agrees to accept all first placement accounts
receivable referred to Collector for collection ("Accounts") by CITY. It is expressly
agreed that any and all Account information disclosed to Collector through placement
of Accounts will remain in the strictest confidence and will not be disclosed to any other
party without the CITY's written authorization and within the legal requirements of the
Health Insurance Portability and Accountability Act (HIPPA).
PAGE 15 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
c. Collection Efforts - COLLECTOR's services and collection efforts shall include the
sending of demand letters; attempting telephone contact with debtors; attempting to
locate debtors; obtain updated financial and credit information with respect to debtors;
and arranging payment arrangements from the debtors in order to satisfy the
indebtedness to be collected.. For ea"ch Account, COLLECTOR shall make these
collection efforts for a period of at least 365 days from receipt of the Account.. At the
end ofthe 365 day period, all inactive uncollected Accounts must be promptly returned
to the CITY, along with its findings and recommendations. Active Accounts (those who
have a payment pending or are actively on a payment plan) may be retained by
COLLECTOR for an additional 180 days, for a total of 545 days, or returned sooner if
an Account becomes inactive. If COLLECTOR has not succeeded in collecting any
part of the Account during that time period, then COLLECTOR shall promptly submit its
findings and recommendations to the CITY.
D. Collections and Settlement - COLLECTOR shall in all cases attempt to collect the
total sum of outstanding receivables and all charges owed by the debtor on an
Account.
E. Notification of Claims - COLLECTOR agrees to promptly advise CITY of any claims
or causes of action asserted against the CITY by any debtor.
F ~ Return of Accounts - Unless this Agreement shall be terminated a's hereinafter
provided, and unless CITY expressly agrees otherwise, in advance, for each Account,
COLLECTOR shall cease its activities and return the Account to the CITY if (i) no
collection arrangement has been made within365 days of receiving the Account, or (ii)
after having made a collection arrangement for a particular Account, no amounts are
collected by the Collector for a continuous period of 365 days. The Accounts may not
be held for a period longer than eighteen (18) months.
G. Withdrawal of Referred Accounts · CITY may withdraw any Account assigned to
COLLECTOR at any time for any reason.
H. Reporting - COLLECTOR shall submit to the CITY, activity reports and such other
information relative to the Accounts as is requested in the "Best Value Bid for Utilities,
Ambulance, Code Enforcement Liens and Miscellaneous Receivables Collection
Services" document attached hereto as Exhibit "A.JJ
I. If there is any conflict between the terms ofthis Agreement and the Exhibits attached
to this Agreement the terms and conditions of this Agreement will control over the
terms and conditions of the attached Exhibits.
ARTICLE III
PERIOD OF SERVICE
A. This Agreement shall become effective on its date of final approval by the Denton City
Council. The term of this Agreement shall be for twenty-four (24) months. It shall be
PAGE 16 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
renewable for up to two (2) additional one-year periods, with all the terms and
conditions remaining unchanged, if agreed to by both parties, provided that
COLLECTOR's performance of this Agreement is not objectionable as determined by
the City Council. Provided however, the renewal of said Agreement for each of the two
(2) additional one-year periods shall be automatic unless the CITY provide a minimum
of thirty (30) days written notice to the other party, before the Agreement term or any
such renewal term expires~
8. CITY may terminate this agreement immediately by oral or written notice if (i)
COLLECTOR violates or breaches any term or condition of the Agreement, or if (ii)
CITY reasonably determines that there has been a material adverse change in
COLLECTOR's financial condition. COLLECTOR shall still be entitled to receive its
fee as provided in Article IV hereof. In case oftermination hereunder this paragraph (i)
all accounts and file materials shall be returned immediately to the CITY, (ii)
COLLECTOR shall immediately cease all collection efforts on CITY Accounts.
ARTICLE IV
COMPENSATION
COLLECTOR as full compensation for its services performed hereunder shall receive a
fee of % on all monies collected on Accounts in the COLLECTOR'S possession for
which the COLLECTOR has begun active collection procedures. Active collections wiU be
based on proof of first contact with the debtor. If the CITY collects on an Account that is in
the COLLECTOR's possession that the COLLECTOR has not started pursuing collections,
then COLLECTOR shall receive a fee of %. These fees are more particularly
outlined in the "Summary" attached hereto as Exhibit "8". The fee for collections requiring
legal action shall be %. It is understood, however, that no legal action will be taken
by the COLLECTOR without the express advance written approval of the CITY.
ARTICLE V
REMITTANCES
COLLECTOR shall instruct debtors to send their payment(s) directly to the
COLLECTOR. COLLECTOR shall include-payment instructions, as specified in the "Best
Value Bid for Utilities, Ambulance, Code Enforcement Liens and Miscellaneous
Receivables Collection Services)} (Exhibit "An hereto), in all correspondence or other
materials sent to each debtor. The COLLECTOR will remit monthly, by the of
each month, to the CITY payment(s) received by debtors with a report of payments
received from debtors on Accounts during the previous month. The CITY shall remit
monthly, by the 15th of each month, the agreed fee to COLLECTOR based solely upon the
reported information.
ARTICLE VI
INDEPENDENT CONTRACTOR
The COLLECTOR shall provide services to the CITY as an independent contractor,
PAGE 17 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
not as an employee of the CITY. COLLECTOR shall not have or claim any right arising
from employee status..
ARTICLE VII
INDEMNITY AGREEMENT
THE COLLECTOR SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE
. CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND
ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES AND EXPENSES, INCLUDING
BUT NOT LIMITED TO COURT COSTS AND REASONABLE A TIORNEY FEES INCURRED
BY THE CITY, AND INCLUDING WITHOUT, LIMITATION DAMAGES FOR BODILY AND
PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE
NEGLIGENT ACTS OR OMISSIONS OF THE COLLECTOR OR ITS OFFICERS,
SHAREHOLDERS, AGENTS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR
PERFORMANCE OF THIS AGREEMENT.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CREATE A
LIABILITY TO ANY PERSON WHO 18 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 VIII
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The CITY and COLLECTOR may agree to settle any dispute underthis 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 IX
BOND
During the performance of the professional services under this Agreement, the
COLLECTOR shall maintain the following surety bond with a surety licensed to do
business in the State of Texas and in a form approved by the City Attorney:
A~ A surety bond in an amount of at least $10,000, guaranteeing payment to the CITY
for monies due the CITY during the Agreement term or any renewal thereof, to be
in effect for the term of this Agreement or any renewal thereof, and for an additional
period of ninety (90) days thereafter.
PAGE 18 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
ARTICLE X
RESPONSIBiliTY FOR CLAIMS AND LIABILITIES
Approval by the, CITY shall not constitute nor be deemed a release of the
responsibility and liability of the COLLECTOR, its employees, associates, agents,
subcontractors and sub-co'nsultants for the competency of their work; nor shall such
approval be deemed to be an assumption of such responsibility by the CITY for any work
by the COLLECTOR, its employees, associates, agents, subcontractors, and sub-
consultants.
ARTICLE XI
NOTICES
All notices, communications, and reports required or permitted under this
Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail at the address shown below, certified mail, return receipt
requested unless otherwise specified herein. Mailed notices shall be deemed
communicated as of three (3) days mailing:
TO COLLECTOR:
TO CITY:
For Contractual Notices
For Account Activitv
CITY OF DENTON CITY OF DENTON
Attn: Charles Atkinson Attn: Pamela Dugger
Customer Svc. Manager Credit/Collections
601 E. Hickory St., Ste. F Accounts Supervisor
Denton, TX 76205 601 E~ Hickory St., Ste. F
Denton, TX 76205
All notices shall be deemed effective upon receipt by the party to whom such notice is
given or within three days mailing~
ARTICLE XII
ENTIRE AGREEMENT
This Agreement consisting of eight (8) pages and two (2) Exhibits constitutes the
complete and exclusive statement of the terms of their agreements and supercedes all
prior contemporaneous offers, promises, representations, negotiations, discussions,
communications and agreements which may have been made in connection with the
subject matter hereof.
PAGE 19 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
ARTICLE XIII
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 party shall reform this Agreement to replace such
stricken provision with a valid and 'enforceable provision which comes as close as possible
to expressing the intention of the stricken provision.
ARTICLE XIV
COMPLIANCE WITH LAWS
The COLLECTOR shall comply with all federal, state, local laws, rules, regulations,
and ordinances regarding Fair Debt Collections practices for which is applicable to the
work covered hereunder as they may now read or hereinafter be amended.
ARTICLE XV
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the COLLECTOR shall not
discriminate against any person on the basis of race, color, religion, sex, national origin or
ancestry, age, or physical handicap.
ARTICLE XVI
PERSONNEL
A. The COLLECTOR represents that it has or will secure at its own expense all
personnel required to perform all the services required underthis Agreement.. Such
personnel shall not be employees or officers of, or have any contractual relations
with the CITY. COLLECTOR shall promptly inform the CITY in writing .of any
conflict of interest or potential conflict of interest that may arise during the term of
this Agreement.
B~ All services required hereunderwill be performed by the COLLECTOR or under its
care, custody, and supervision. COLLECTOR shall ensure that all personnel
engaged in work are duly qualified, and permitted under state and local laws to
perform such services..
ARTICLE XVII
ASSIGNABiliTY
The COLLECTOR 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 CITY~
PAGE 20 OF B.lD # 3624 .
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
ARTICLE XVIII
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, and is duly executed. The parties further agree that the
provisions of this article will not be waived unless as herein set forth.
ARTICLE XIX
MISCELLANEOUS
A. The following Exhibits are attached to, incorporated herewith, and are made a part of
this Agreement:
1. Exhibit "All - Bid #3624 - Best Value Bid for Utilities, Ambulance, Code
Enforcement Liens and Miscellaneous Receivables Collection Services.
2. Exhibit "8" - Summary of Proposed Services
B.. Venue of any suit or cause of action under this Agreement shall lie exclusively in
Denton County, Texas.. This Agreement shall be construed in accordance with the
laws of the State of Texas.
c. COLLECTOR will promptly advise CITY of any Account on which it receives a
notice of bankruptcYIF At the CITY's written request, COLLECTOR will file a proof of
claim on behalf of the CITY in CITY's name, as its agent.
D. If COLLECTOR's efforts result in collateral, securing an Account, being returned to
the CITY, then COLLECTOR shall be entitled to receive the standard fee that
otherwise would have been paid under Article IV herein, based upon the net
amount of money that the CITY receives from the sale of the collateral. The cost to
the CITY of repossession, of storing, and of selling the collateral shall be first
deducted from the amount of sa.le proceeds COLLECTOR is paid a fee on. CITY
shall promptly report to COLLECTOR when the collateral is sold, the applicable
costs of repossession, of storage, of selling the collateral, and the sale price. CITY
shall then remit COLLECTOR's fee hereunder within thirty (30) days from receipt of
payment from the Purchaser of the property at the sale..
E. COLLECTOR will accurately, lawfully, and fairly report all accounts to EXPERIAN
and/or another credit bureau immediately upon receipt of accounts information on
the Accounts received from the CITY.
PAGE 21 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
F.. COLLECTOR will provide technical support to enable electronic placement of
Accounts" COLLECTOR will also provide regular, periodic software or electronic
reports to the CITY to enable Account balance review by the CITY, and
COLLECTOR comments regarding review of Accounts held by COLLECTOR, each
in order to comply with the specifications of the URequest for Bid by Best Value"
attached hereto as Exhibit "A."
G. 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 HEREOF, the City of Denton, Texas has executed this Agreement by
and through its duly authorized undersigned City Manager; and COLLECTOR has
executed this Agreement by and through its duly authorized undersigned officer, in
duplicate original counterparts, on this the day of , 2007.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
(NAME OF COLLECTOR)
By:
Name:
T itl e:
WITNESS/A TTEST:
By:
PAGE 22 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
APPENDIX B
PAGE 25 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
COLLECTION SERVICES QUESTIONNAIRE
for
UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND MISCELLANEOUS
RECEIVABLES
Collection Process
1. What steps will be taken by you to collect?
.
.
.
.
How do you collect? (Include operating procedures and processes)
2.
Do you perform skip tracing? Yes
No
3. Can collection notices be prepared in Spanish at no additional cost?
Yes
No
4. Do you have employees who can speak and write in Spanish?
Yes
No
PAGE 26 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
5. How do you handle customers questions or problems?
Experience and Reputation
6. What amount do you expect to collect? $
What is your recovery rate?
%
7. How many professionally trained collectors do you have on your staff?
8. How many years has your firm been in the collection business? _years _ months
9~
Are you currently collecting for a utility company?
Yes
No
If yes, how long have you collected for a utility company?
years
months
10. Are you currently collecting for ambulance or medical services?
Yes
No
If yes, how long have you collected for an ambulance or medical services?
years _months
11. Are you currently collecting for code enforcement liens?
Yes
No
If yes, how long have you collected for code enforcement liens?
years _months
PAGE 27 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTiliTIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
12. Upon request, will you provide an independently audited financial statement?
Yes
No
13.. Have you received any complaints concerning n~n-compliance to the applicable federal,
state, and local statutes regarding Fair Debt Collection practices?
Yes
No
If yes, please provide an explanation.
Compatibility
14~ Do you have the ability to incorporate a remittance slip in your written correspondences?
Yes
No
15 ~ Can' you combine multiple accounts into a single collection effort? (i.e. Collect $500 for
ambulance service plus two utility account at $200 each from the same individual or entity~)
Yes
No
16~ What is the minimum combined amount for which you will perform collections?
$
17~
Can you accept the Agreement as it is written?
Yes
No
If no, please indicate the areas of proposed changes..
18.. Is your office located within the Dallas/Fort Wortb/Denton Metroplex?
Yes
No
PAGE 28 OF BID # 3624
Exhibit B
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT' LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES .
BID PROPOSAL
Estimated Quantities
Item Service No. of . Amount Fee*
Accts~
A PART A- Utilities induding active drainage
accounts and miscellaneous receivables
1 Outstanding accounts 11 ,579 $3,589,490 JB .q %
(August 2001 - October 2006)
.. ...
2 Monthly collections (Avg. age: 120 days) 200 $52,000 01.1. ~%
B PART B - Emergency Medical SelVice
Ambulance billing
1 Outstanding accounts 4713 1,967,785 Jo . 'l%
(1'999 - April 2006)
. - 2 Monthly collections (Avg. age: 240 days) 90 $90,0'00 024 .ll%.
.. PART t - Code Enforcement Liens
C including mowing, trash and debris removal
. . and other liens or judgments .
~ .
1 Outstanding accounts 463 $1331357 c&9-%
1986 - Sept. 2006
2 Monthly collections (Avg. age: 45 days) 5 $872 ~%
Monthly collection-s for
D. Utilities! Ambu lance/Miscellaneous 295 $142,872 ~~.'=t %
Receivables/Code Enforcement Liens
(combined)
Account collected by City if account had
E been turned over to the vendor that N/A N/A 0/0
collections has not yet been actively
pursued.
i< If your fee structure is not based on a percentage structure as shown above, please
provide a detailed explanation of your fee structure.
. PAGE 1 OF 810 # 3624
Bidder's Initials ~ .
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, COD'E ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIV ABL~S COLLECTION SERVICES
The undersigned agrees this bid becom~s the property of the City of Denton after the official
opening.
The undersigned affirms he has familiarized himse'lfwith the local conditions .underwhich the work
is to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other matters that may be incidental to the work, before submitting a bid..
The undersigned agrees, if this bid is acceptedJ to furnish any and all items/services upon which
prices are offeredt at the price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days
unless a different period is noted by the ~idder. .
The und'ersigned affirms that they are duly authorized to execute this.contract, that this bid has
not been. prepared in collusion with any other Bidder, nor any em ployee of the City of Denton, and
that the contents of this .bid have not been communicated to any other bidder or to any employee
of the City of Denton prior to the official opening of this bid.
Vendor hereby assigns to purchaser any and all claims for 'overcharges associated with this
contract which arise underthe antitrust laws of the United States, 15 USCASection 1 et seq.) and
.which arise under the antitrust laws of the State of Texas, Tex. Bus.. & Com~ Code)
Section 15.01, et sea.
The undersigned affirms that they have read and do understand the specifications and any
attachments contained in this bid package.
NAME AND ADDRESS OF COMP^:).
CrttLi~&ttm~ '1.te.r~~ J k.
JJl." Cou.n-fry CJI.l.b ~
~ \ lJ. 7"'1~
Tel. No.~".b8()O ~5'J54f4
/ -
COMPANY IS:
Business included in a Corporate Income Tax Return? / YES
L Corporation organized & existing under the laws of the State of ~I} S
Partnership consisting of
Individual trading as
Principal offices are in the city of
NO
PAGE 2 OF BID # 3624
Bidder's Initials ~
BID # 3624
ADDENDUM #1
15. What is the current vendors collection succ~ss percentage?
Approximately fifteen percent (15%)
16. What is the City's.estimated dollar value of future submissions? What is the
average number of future accounts to be submitted? What age will the new
accounts be at submission?
See bid proposal page (Page 1 of Bid #3624)
The deadline for submitting technical questions is November 17, 2006. Technical
questions will not be accepted after this date.
NO OTHER CHANGES AT THIS TIME~
This form shall be signed and returned with your bid.
.J~'
Title:
Date:
Page 4
CREDIT SYSTEMS
INTERNATIONAL, INC.
Credit Systems International, Inc. -- Best Value Bid Number 3624
City of Denton Collection Services
1. Company Experience
Credit Systems International, Inc. (CSII), headquartered in Fort Worth, Texas, continues to
provide dependable account management and bad debt recovery solutions for a multitude of
industries with extensive experience in large volume account receivables for the utility and medical
industries as well as miscellaneous portfolios.. Since 1980, CSII has had the privilege to hold long
term partnerships with entities and municipalities such TXU Energy, Austin Energy/City of
Austin, Oklahoma Natural Gas, Brownsville Public Utility Board, City of Denton, Moo Star
Ambulance, Green Mountain Energy Company, First Choice Power, L.P. and City of
Mansfield.to name just a few. For over 26 years, CSII has remained devoted to exceptional client
service and targets a spirit of excellence in the area of compliance, training, and remaining sensitive
to our client's public image..
CSll's Management Team has reviewed all aspects of the Best Value Bid Request as well as
reviewed current statistical information pertaining to the City of Denton's existing collection
portfolio and we are honored to submit our strategic response to the bid. csn continues to provide a
unique and customized approach to our account due diligence and recovery strategies for debt
reconciliation which is what allows our agency to remain at the cutting edge of our industry. CSII's
teclmical infrastructw"e provides an excellent tool in the processing and management of large volume
aCcoWlt portfolios. CSll's dialing system promotes high volume calls which increases production by
more than five times per collector.. csn employees approximately 45-50 Collection Specialists..
However, with our technology, CSII's production is equivalent to approximately a 200 employee
collection team.. Our continuously enhanced computer system is designed to efficiently prioritize
accounts for consistent follow up.. At any given time, csn remains ready to accept an immediate
increase in accounts without the need to expand or upgrade our systems.. As the current collection
agency for the City of Denton, csn would continue to expect recoveries to remain at approximately
15% and will always seek for avenues and new programs to enhance this figure as the portfolio
matures..
Considering CSII is a locally based agency and approximately 75% percent of the accounts in our
system are local, our knowledge and understanding of the City of Denton's customer base, payer
Page 1 of 15
Credit Systems International, Inc. -.Best Value Bid Number 3624
City of Denton Collection Services
mix and geographic areas provides an excellent advantage to customizing and managing the account
portfolios. CSII does not handle retail collections such as credit card and deficiency balance
accounts nor does CSII utilize hard core collection techniques.. CSll's utility client's provide an
excellent resource for obtaining current addresses.. Debtors with multiple accounts are "linked"
during processing.. CSII uses a scoring system, similar to credit bureaus, to link debtors with more
than one account.. -This is an invaluable skip tracing tool! Under HIP AA regulations, patient
demographics and information cannot be shared in the collection process.. Therefore, csn has
measures in place to cease the updating of account information from medical to the utility accounts.
However, medical clients still benefit from information received by CSII~s utility clients as well as
all Utility clients benefit tremendously! This is a valuable tool considering all of CSll's utility
clients. In addition to utilizing CSll's data base~ another resource which optimizes CSII's account
recovery is skip tracing.. Periodically throughout an account's collection process, csn downloads
the account to a national third party skip trace firm.. fuformation changes over time and our intent is
to obtain new location information. Our statistics indicate that approximately 60% of the accounts
which we are able to locate through skip tracing pay their account in full..
CSII's philosophy for debt collection is that optimum recovery is achieved by speaking to debtors.'
Our collectors are trained to skillfully negotiate payment on acco~ts. Once contact is made with a
debtor, the goal is to professionally collect the balance in the least amount of time and with the least
number of contacts - without jeopardizing our clients' public image.. Therefore, CSll's collection
staff receives intensive training. CSII has not received any valid complaints concerning non-
compliance to any portion of the FDCP A, FCRA, IllP AA or any additional federal, state, or local
statutes. Again, csn understands .the customer base and payor mix for the City of Denton and our
Collection Specialists are aware of the professional protocol and account due diligence required for
.. .
maxnnum recovenes..
There will not be any training necessary to implement this program with CSII which will result in no
downtime of recoveries for the City of Denton. CSII's organization skills in coordinating
communications with the City of n-enton provides an excellent advantage for the success of our
professional relationship.. All clients are important to us and as one of CSll's top clients, the City of
Denton's needs will always be prioritized.. In-house service representatives.will remain assigned to
each of the Cities portfolios..' csn has policies and procedures in place to ensure clients are assisted
immediately.. Voice mail is utilized only at the client's request.. Our client lines are answered by
switchboard operators so that clients can receive immediate assistance.. We understand that when a
client calls, waiting should not be an option..
CSII's experience with municipal accounts and qualifications to serve as a collection agency for the
City of Denton is our experience in high volume account placement of medical, utility, and
Page 2 of 15-
Credit Systems International, Inc. - Best Value Bid Number 3624
City of Denton Collection Services
miscellaneous accounts, our demographic location, professionally trained staff, excellent client
service, and advanced technical infrastructure. CSII is a locally based agency with all the tools of a
large national company.. CSII's advantage of knowing the geographical area promotes an excellent
.basis for providing account recovery strategies for the City of Denton. As a local, privately owned
collection agency, providing collection services for the city will keep jobs within in our local
community and contributes to economic development. CSII will be happy to furnish the City with a
SAS70 financial report upon request.. Since CSII is a privately help corporation, audited financial
statements are not mandatory.. Therefore, CSll has an annually updated SAS70 report available for
our clients. csn is proud to partner with a city located in the "County Seat" of Denton County and
which supports the United Way with such outstanding and remarkable contributions from their staffl
It is truly an honor and csn will always be committed to remaining sensitive to the City of
Denton's public image while obtaining the highest possible return on all bad debt portfolios..
2. References
TXU Energy i'"oJ Client Since 1983
Mr. Tim Hartley
200 Vista Ridge
Palestine, Texas 75801
(903) 661-4202
Utility Portfolio .
Residential and Commercial
Oklahoma Natural Gas,..., Client Since 1996
Mr. KeUy Park
P.O. Box 871, Mail Drop 15-0
Tulsa, Oklahoma 74102
(918) 588-7654
Natural Gas Portfolio
Residential
Green Mountain Energy Company ~ Client Since 2004
Ms. Tracey Adams
300 West 6th Street
Austin, Texas 78701
(512) 691-6336
Utility Portfolio
Residential and Commercial
Page 3 of 15
Credit Systems International, Inc. -- Best Value Bid Number 3624
City of Denton Collection Services
First Choice Power ~ Client Since 11-2006
4100 International Plaza, Tower II 9th Floor
Fort Worth, TX 76109
817-762-7518
Mr. Brad Hammond
brad.hammond@firstchoicepower.com
Utility Portfolio
City of Mansfield
1200 East Broad Street
Mansfield, TX 76063
817~276-4200
Ms. Mary Whitehead - EMS
Ms. Rita Hudson - Utility
EMS Portfolio ,-- Client Since 8-2002
Utility Portfolio Client Sine.e 7-2006
Mary .wbitehead@ci.mansfield.tx.us
rita..hudson@ci"mansfield.tx"us
Additional Municipality Local Clients:
City of North Richland Hills
City of Keller
City of Azle
City of Corsicana
City of Haltom City
City of Kilgore
City of Bonham
City of Stephenville
City of Granbury
Orange County Ambulance
3.
CSII has gained a minimum of 90 new clients in the past 12 months~ These consist of utility,
medical and miscellaneous portfolios. csn has only lost a few client's in the past 12 months due to
a company dissolving, management turnover, bid award, and an entity closing all their accounts to
sell to a factoring company (selling accounts receivables)..
Page 4 of 15
Credit Systems International, Inc. -- Best Value Bid Number 3624
City of Denton Collection Services
4. Skip Trace Department
CSII's internal statistics indicate that when we are able to locate and speak to debtors, our ability to
collect the accounts greatly improves. Therefore, we focus on locating patients and making high
volmne calls. Debtor location is a critical part of the collection process.. For this reason, csn has
effective processes in place for skip tracing high volume accounts. In addition, csn has special
procedures set up specifically for City of Denton accounts to make more than one attempt at
locating skipped patients during the history that the account is with CSll..
.... Accounts without telephone numbers and/or with return mail are forwarded to the
skip tracing department for location..
.. Collection staff forwards all accounts which require location research to the skip tr~e
department.
III- Accounts which the predictive dialing system kicks out due to operator intercepts are
moved to the skip tracing department for research~
lit> Accounts with no contact yet the telephone number appears to be correct, are
routinely downloaded to a National Skip trace firm to verify that the address belongs
to the telephone number in which CSII has listed..
.. CSII utilizes a number of skip tracing resources to locate debtors, including (but not
limited to) the following: multiple national database resources; a national CD Rom
database for telephone numbers, name searches, near-bys; property tax roles; public
records; Internet; drivers license searches; directory assistance; credit bmeau reports;
a manual search of CSll's database for possible matches missed during the linking
process as well as a National Skip Trace firm where CSII downloads 50,000 names
per week for possible updates..
Page 5 of 15
Credit Systems International, Inc. r- Best Value Bid Number 3624
City 'of Denton Collection Services
s. & 6.
Please see the following for CSII's response to questions 5 and 6:
Tedmtcal SUpport
CDpyAlIim fihs 10 dskette (If co and obtains
cadral nUfl'lber fn:Im lSIand a5ane PC
(I1Umet PC l6. not alllnectIId 10 ~)
OUTGOING DATA
FLOW
All outgoing data is manually loaded
to our stand-alone Internet P~C. then
sent to if s destination.
INCOMING NEW BUSINESS -
DATA FLOW
EIedraft1cFlIe
R-twd Via
us Mal or- Courier
cerrt ~ tho TKhnical SUppDtt depa~
Of Iheir intmd ~ send a ti5811ia mQdem. TedInkali support
set!; up the modem to ~ 1h& ftle.
TecM&:aI SuppOrt
fl"lIreive6 the ftles
Page 6 of 15
Credit Systems International, Inc. ~ Best Value Bid Number 3624
City of Denton Collection Services
Methods to be Used:
CSll's collection appro~h is professional and persistent while remaining sensitive to our client's
public image. Below is the outline of CSll's account due diligence for the entire collection process:
Transfer and Loadin~ of Assi2Ded Accounts
. Accounts will be accepted by csn via Electronic Transfer from City of Denton
Departments. This process is already established and will not reflect any down time for City
Departments.
. Accounts are loaded and processed into CSII's system within 24 hours from placement date,
excluding weekends and Holidays.
. Placements are balanced to City 01 Denton's control numbers (number of accounts placed
and the dollar amount) prior to releasing accounts. If the control numbers do not balance,
placements are held until confirmed with the- business office contact.
. An acknowledgment of the placement will be provided to City of Denton Departments
within 72 hours of receipt of the placement except weekends and Holidays. Confirmation of
totals can be forwarded via Email.. A complete list of each account placed and total.monies
placed is available upon request.
. Debtors with multiple accounts are linked during processing. csn uses a scoring system,
similar to credit bureaus, to link debtors with more than one account. This is an invaluable
skip-tracing tool for all the Cities Departments! With more than 4.5 million active debtors in
CSII's database, clients benefit by sharing pertinent debtor information.
. Prior to accounts being released and validation notic~s sent, addresses are CASS certified for
spelling errors, incomplete addresses, inaccuracies, and incorrect addresses. Non deliverable
accounts are noted in the system. This is critical for Federal and State Laws with regard to
validation notices and skip tracing accounts eliminating manual changes to inaccurate
addresses.
. Prior to accoWlts being released and downloaded into the predictive dialing system, all
resident area codes are cleansed with CSll's custom area code program" The purpose of this
program is to update and correct area codes that have been changed by the telephone
companies. This process is very important to the efficiency of the predictive dialing system
and skip tracers.
. Accounts without resident telephone numbers with return mail are forwarded to the skip-
tracing department for research.
Page 7 of 15
Credit Systems International, Inc. ~ Best Value Bid Number 3624
City of Denton. Collection Services
· Accounts are released, validation notices sent, and accounts are downloaded to the dialing
system for telephone calls within 24 hours from the received date, except weekends and
Holidays. CSII forwards a minimum of 2 collection notices and attempts to contact the
guarantor of the account via telephone a minimum of 3 times. csn guarantees a minimum
of 4 telephone contact attempts on each account with current telephone information within
the first 30 days of the collection process..
Letters (please see "Sample/Additional Documents" section for sample letters)
.
Validation notices are mailed after the accounts are completely processed, usually within 24
to 48 hours after the date the placement is received..
Additional correspondence is sent approximately 20 days after the initial letter is mailed.
A variety of supplemental letters are available and utilized at the discretion of the collection
staff and all letters include a remittance slip and return bar coded envelope.
Accounts without telephone numbers, with return mail, are forwarded to the skip-tracing
department for location. Collection Specialists do not skip trace accounts.
Collection staff forwards all accounts which require location research the Skip Trace
department..
Telephone numbers that the predictive dialing system rejects due to operator intercepts are
moved to the skip-tracing department for researc~
.
.
.
.
.
Skin Trace Department
csn utilizes a number of skip tracing resources to locate debtors, including the following:
· Manual search of CSII's database for possible matches missed during the linking
process.
· NSTN (a National Skip Trace Firm csn utilizes for searches)
· National CD-Rom database for telephone numbers, name searches, and near-bys"
· Property tax roles..
· Public records.
· Internet..
· Drivers license searches.
· Directory assistance..
· Credit Bureau reports..
· National criss-cross databases.
Page 8 of 15
Credit Systems International, Inc. ,..., Best Value Bid Number 3624
City of Denton Collection Services
CoUection Calls
· The predictive dialing system, CT CENTER, starts the calling process within 24 to 48
hours from the time the accounts are received, excluding weekends and Holidays.
CSII currently downloads between 80,000 and 90,000 accounts daily for telephone
calls..
· CT CENTER '8 voice module leaves messages on answering machines, during prime
and non prime time.. All messages are left in a human voice..
· CT CENTER ~s intemctive collection module, utilized for automated collections and is
utilized primarily for small balance accounts..
· All collection calls are digitally recorded for quality control, training, customer
service, complaints, and liability purposes.. The recording system captures about 98
percent of all telephone calls..
· Collection calls continue until the accounts are collected or deemed uncollectible..
CSII uses our I..C.S. system to track aCCOlll1t due diligence and ensure all accounts are
worked appropriately~ The I,C.S.. is programmed specifically for each client's
requirements. CSII does not simply stop the collection process at a specific time..
The accounts are pursued for the full seven years the debt will remain on the
customer/citizen's credit report..
· csn continues contact attempts until thirty attempts or three contacts have been met
on accounts with good telephone numbers within one quarter ~
· If conclusion of the account is not obtained after the above efforts, the accounts are
placed in status codes designed to be a cooling off period before attempting to start
the process of trying to contact the guarantor again..
Security and Privacy of Personal Debtor Information:
CSII places top priority on maintaining all personal and confidential information belonging to
debtor's highly confidential and secure. The following procedures are in place to assist csn in
protecting all confidential account information..
· CSII conducts criminal and employment background checks on aD employees
prior to new hire and throughout employment.
· As part of CSll's training, employees receive in-depth training on HIP AA, FDCP A,
and the FCRA regulations and restrictions, as well as, the private information which
Page 9 of 15
Credit Systems International, Inc. ,..., Best Value Bid Number 3624
City of Denton Collection Services
may be available while collecting an account.. They are fully aware that they may not
discuss accounts with third parties that are not listed as a guarantor or the patient on
the account
· All employees must sign a Certificate of Training and Confidentiality Agreement
prior to commencing duties.
. Security cameras are stationed on the collection floor, at exits, and around the
perimeter of the building.
· Telephone calls are monitored and recorded.
· All building entrances are secured and require codes for admittance.
. Authorized personnel must admit vendors and clients from the main lobby to a
secured area for sign in and an escort.
. A private payment window is available for debtors or individuals" They are not
allowed in the secure areas" The window is accessible from the main lobby and
located in an enclosure with a door that can be closed by the individual for privacy"
· All electronic data on debtors is transmitted and received in a secure manner, such as
FTP, encryption, or any other method required by clients.
. CSll's Internet connections are on stand alone pes and not connected to systems
which are linked to our main frame.. No matter how good security software may be, it
is simply not worth the risk to our clients and CSII to chance unauthorized access to
our system.
· CSII does not notify or communicate with debtors via EmaiL The privacy issues are
simply too great since the laws do not cover Email..
· CSll's employees with Internet access are limited to authorized personnel.
. All debtors making payments through auto pay are sent to staff that are authorized to
take the information. Collectors are not permitted to take check or credit card
information.. Not only is it a conflict of interest, but it is private information they do
not need to know while collecting a debt. The calls authorizing payment on the phone
are recorded and stored for security purposes.
Partial Payments and Payment-plans
CSII makes every effort to initially collect the balance in full. When necessary to set up payment
arrangements, collectors follow these minimum requirements:
. Agent first attempts to establish arrangements with a payout of 90 days or less.
· Payment arrangements for more than 90 days must be approved at a supervisory level.
Page 10 of 15
Credit Systems International, Inc. ~ Best Value Bid Number 3624
City of Denton CoUection Services
. Associates try to obtain assurance that payments are made in a timely manner, such as
phone pays (automatic draft from debtors checking accounts).
. Phone pays are handled in the same manner as a post-dated check.
. csn sends reminder notices - on all accounts with established payment arrangements
- ten days prior to the payment due date and a late payment notice two days after the
due date for customer service purposes and to reduce complaints..
· All partial payments are posted to accounts.
. Payments which debtors offer as settlements are not posted. City of Denton is
notified of all offers for a decision, unless City of Denton advises CSII that
settlements are not accepted. Unacceptable partial payments are returned to the
debtor.
. csn does not solicit settlement offers on behalf of our clients..
. Minimum. payment arrangement accepted is a $25..00 monthly installment.
Referral to Credit Reporting Bureau
. csn reports to the three major credit bureaus, Transunion, Experian, and CSC..
. CSII's policy is to refer all accounts not in a paying, disputed, hold, or bankruptcy
status after csn has worked the account a minimum of 30-45 days.. This provides
debtors sufficient opportunity to resolve accounts and greatly reduces complaints.
. On the first working day of each month, CSII produces files for each bureau
containing accolID.ts, payments, returns, and updates in the format required by each
reporting agency. Data provided to the credit bureaus include names, addresses,
social security numbers, status, balances due, dates of last payment, dates of last
charge, dates of delinquency, etc. To ensure the bureaus receipt of the files and that
the files are secure, csn sends each file encrypted via SFTP transmission to the
respective bureau.
. CSII has an internal department which handles all credit bureau issues and inquiries
to ensure compliance. Credit bureau reporting is still one of the most effective tools
used by an agency, but requires high maintenance and constant training to certify
compliance with current and new laws.
. The credit bureaus are strictly governed by the Fair Credit Reporting Act to enforce
accuracy.. The credit bureaus require creditors to respond on disputed items within
ten days..
. CSII utilizes E-Oscar to communicate dispute responses to credit report inquiries
and is able to send manual updates for reporting immediate changes pending the
monthly data transmit..
Page 11 of 15
Credit Systems International, Inc. ~ Best Value Bid Number 3624
City of Denton Collection Services
Dispute I Credit Bureau Resolution
· CSII's policy, with regard to disputed accounts, is to notify the credit bureaus of
pending disputes and make every effort to resolve accounts within 30 days" Credit
bureaus are notified of the resolution.. If the .debtor continues to dispute the account,
the credit bureau is notified to code the account as disputed. If csn is unable to
provide proof of the debt, the disputed item is deleted from the credit bureaus as
required by the FeRA.
· All disputes and complaints are placed in a hold status by the supervisor until it is
resolved..
· Disputed accounts previously resolved by City of Denton, whether credits were issued
or charges were determined to be correct, are provided with itemized statements and
informed of the findings. Debtors that continue to dispute charges--as a final resort
are informed of their right to appeal the decision to City of Denton.
· csn makes every effort to resolve all disputed accounts internally, prior to seeking
our client's assistance. CSll's experience and understanding of the medical industry
greatly reduces the need to obtain our client's assistance in the resolution of most
disputed accounts.
· All accounts with requests for itemized statements are placed on hold" The request is
uploaded and an electronic statement is genemted out of a stand alone data base
which holds all diagnosis and procedure coded confidential.. The itemized statement
is mailed to the debtor and the account is then QUED approximately ten days for a
follow-up call..
· CSll's Legal Department and managers handle attorneys representing debtors~
· Debtor complaint calls are referred to CSll's Compliance Coordinator for research,
investigation, and resolution..
EMS Accounts in which CSII obtains Insurance Information
· All accounts with a balance of $100.00 or more, in which the patient / guarantor
provides insurance information to csn's Insurance Department, CSII will obtain all
the insurance information and validate the coverage..
· After obtaining and validating the insurance, CSII will forward all confirmed and
valid information to City of Denton EMS to drop the claim.
· CSII will follow up with the respective insurance companies on payment for claim
and pursue the responsible party once the debt is deemed to be patient responsibility.
Page 12 of 15
Credit Systems International, Inc. - Best Value Bid Number 3624
City of Denton Collection Services
Spanish-Speakin~ Customers
· Approximately 35 percent of CSll's collection staff is bilingual- fluent in speaking,
writing, and reading.
· All notices contain a phrase, in Spanish, informing debtors of CSII's bilingual
capabilities.
· All notices state the validation clause, as required by Federal and State Law, in both
English and Spanish ( Please see "Sample/Additional Documents" Section for notice)..
Hearing-impaired Customers
· CSII obtains a signed statement from the debtor with regard to the disability, then a
supervisor communicates with the customer through Texas Relay.
Combining of Multiple Accounts
· CSII links debtors with multiple accounts during the initial processing of placements
by a scoring system similar to the credit bureaus to match accounts.
· csn uses another process to combine multiple files with matching account numbers..
In-house progrannners customize these programs per requirements~
Reports I Invoices I Statements (please see "Sample Documents" section for all samples)
· Reports and invoices will be provided and sorted as requested by the City of Denton..
Samples ofCSll's standard reports available are included following CSII's response
to question 7. The City of Denton Utility Department currently receives the History
Analysis Report electronically on a monthly basis~ CSII can forward any standard
report at the request of the City or on a monthly basis..
· Funds can be NET or GROSS remittance with monthly statements..
· CSII is capable of providing reports electronically via encrypted file tunneled through
the Internet, diskette, SFTP, FTP, or via U..S.. Postal Service..
Page 13 of 15
Credit Systems International, Inc. ~ Best Value Bid Nu~ber 3624
City of Denton Collection Services
7. CSII;s Sample Documents (please see sample documents Section for the following
reports ).
-THIS INFORMATION IS CONSIDERED CONFIDENTIAL-
a. Monthly Client Statement I Invoice
csn remits statements to our clients on a monthly basis. All
client activity registers are mailed from CSll's office no later
than the 10tb of each month for the previous months collection
activity. Portfolio can be established with a NET or GROSS
remittance~ The sample inclosed is a NET remittance sample..
b.& c. CoUection Notices
All CSII's collection notices are customized for each client's
portfolio. The following notices are examples of initial letters
utilized on current utility client's portfolios. All initial notices
have the required disclosure statement printed on the reverse
side in English and in Spanish while offering the customer an
option to pay their acconnt with a credit card by completing the
form and returning to CSll. CSII also offers a toll free, 24 hour
automated payment line which is listed on notices as well.
B. Notice to Individual
C. Notice to an entity or a company
d. Telephone Scripts
e. Progress/Status Reports available to City of Denton Departments
Account Status Report
Generated upon request - Details each patient in the portfolio
and information pertaining to the account such as payments to
date, balance, and CSII's accormt status..
History Analysis Report
Generated monthly with month end processing - Details the
recovery percentage on the portfolio as well as tracks collections
back to the month the accounts were placed with CSII.
Page 14 of 15
Credit Systems International, Inc. - Best Value Bid Number 3624
City of Denton Collection Services
Data Integrity Report
lbis report is printed upon demand and offers pertinent
information for analyzing a collection portfolio.. It provides
many categories detailing the integrity of the accounts in a
collection portfolio..
8. CSII's Completed Collection Services Questionnaire (Appendix B)
Page 15 of 15
CREDIT SYSTEMS INTERNATIONAL, INC.
EXCEPTIONS
Best Value Bid Agreement for Collection Services
Article n - Scope of Services
c. CSII takes exception to COLLECTOR returning the accounts after collection efforts for a
period of at least 365 days from receipt of the aCcount. CSII proposes that COLLECTOR
retain all the collection accounts ( payers and non-payers) for the life of the account or
contract term. This will allow COLLECTOR to effectively utilize credit bureau reporting
which is explained in exception below under Article XIX - E4 However, csn can
provide the City a listing of accounts that are not in a paying status after 365 days in the
collection process.. This will allow the City to note the accounts while not affecting the
long term recovery of the portfolio.
F. CSII takes exception to returning the accounts not in a paying status after 365 days.. CSII
proposes to continue to work all accounts for the full 7 years and at that time return.
accounts which are not in a paying status to the city.. Detailed information and further
explanation is given - please see exception in Article XIX - E.
G. CSll's standard policy for account withdrawal without any fees charged is when an
account has been placed with agency and client will not receive any payments from the
account. This is an account which is truly turned in error. A transferred account is not
considered a cancel account. csn will cancel these type accounts without fees, at the
client's request. CSII does not provide a grace period for accounts.. When an account is
placed with CSII we immediately begin the collection process. Therefore, there will not
be a rate quoted for accounts collected by the City and turned over to the vendor and
vendor had not pursued collection efforts yet.
Article XIX - Miscellaneous
E.. CSII takes exception to reporting the accounts immediately to the credit bureau. CSII
reports to the top three national bureaus: EXPERIAN, EQUIFAX, and TRANS
UNION.
CSII's standard policy in regards to the reporting of accounts to credit bureaus has been
placed in effect to ensure total compliance with the Fair Debt Collection Practices Act (
F.D.C.P.A. ) CSII is strict in maintaining that all office policies and procedures
consistently remain above the standard which is required by State and .Federallaws.. If
an account is placed on an individual's credit record immediately, the agency is not
allowing the debtor an opportunity to dispute the validity of the debt.. Taking away the
debtor's rights in this regard could become a legal issue. Please refer to the following
copied F.D.C.P.A.. for exact clarification of this matter.. Section 809 on page 5 is
explaining the "Validation of Debts ot "
CSII will report the accounts in a non-paying status to the three above-mentioned bureaus
after the account has been with our agency for 30-45 days. This allows debtors the
required 30 days to dispute the debt and time to request and receive an itemized statement
(which CSII will mail at the debtors request). This is ample time for the customer/patient
to correspond any disputes. Due to holding the accounts off of the bureaus for the initial
30 days of the collection process( to ensure compliance with all laws), CSII proposes that
the accounts not be returned to the City of Denton at 365 days. csn proposes to maintain
the files for the life of the account. Returning the accounts to the City will result in the
agency removing the accounts from the debtors credit report at the time of return. The
City of Denton is not going to receive the highest net back recovery long term on its
collection accounts if the accounts are not able to remain on the debtors credit file for the
allowed period of seven years from date of service or date of service termination.
The entity which reports an account to the bureau is responsible for maintaining the
record and it's accuracy.. The agency reporting must update any and all payments made
on the account in a timely manner. Removing the account from the Agency after only
365 days will not allow the account to remain on the debtors credit file for longer than the
365 days.. Therefore, the long term effect of the credit bureau will not be effective on the
portfolio and will ultimately lower the recovery percentage.
CSII recommends that the City revisit the option of allowing the agency to retain the
accounts for the seven years to receive the highest return possible on the overall portfolio
long term. However, CSII's fee structure proposed is based upon the portfolios
continuing as they have operated for the past 4 years and not returning the accounts to the
City after 365 days in the collection process.. Again, CSII will accommodate any annual
reporting for the portfolio upon the City's request and specifications.
C1TYOF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
AP PEN D.IX-.,-B~---------
PAGE 25 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEIVABLES COLLECTION SERVICES
COLLECTION SERVICES QUESTIONNAIRE
for
UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND MISCELlANEOUS
RECEIVABLES
Collection Process
1~
What steps will be taken by you to collect?
· Plf4.St. re.A.r ~ · C:S.I['s ~!'S??,s~r ~l~O.r,..... a.tJ ~
1>~ ". I~ V' 'Re~t'Ot1S~ {, ~Ut.s irOnS 5 ·
.
.
.
How do you collect? (Include operating procedures "and processes)
2.
Do you perform skip tracing? Yes X
No
3.
Can collection notices be prepared in Spanish at no additional cost? . _II _ ,_ _ .... II
e.5lt cu..Y'....I\.-Hy t\l.co~ '\ .e-
Yes No '" CSplf\\osk. s~.~ ef~b+C)t's. PI' ~~.LS.f!..
· <::.JtsMp \~ ~ '1-s" setclio"'-.. -\Or J\on c.e. $.
Do you have employees who can speat and write in Spanish?
4~
Yes X No
PAGE 26 OF BID # 3624
CITY OF DENTON
BEST VALUE BID FOR UTILITIES, AMBUlANCE, CODE ENFORCEMENT LIENS AND
MISCELlANEOUS RECEN ABLES COLLECTION SERVICES
5.
ExPerience and Rellutation
6.
What amount do you expect to collect? $ /0. <<XJ - I 1.., 5<<> IJIf MOLi/... !6 IJIU'
'l~f l'&-hiM.:f~ ·
What is your recovery rate? JL - l!1- %
How many professionally trained collectors do you have on your staff? 45
7_
8. How many years has your firm been in the conectio~ business? ~years ~ months
9. --- Are yOu currently collecting for a utility company? Yes t No
If yes, how long have you collected for a utility company? ~ears L months
10.. Are you currently collecting for ambulance or medical services?
Yes ~
No
If yes, how long have you collected for an ambulance or medical services?
~ears -1-months
11. Are you cmrently collecting for code enforcement liens?
Yesw l
No
If yes, how long have you collected for code enforcement liens?
years J., months-
PAGE 27 OF Rln it~n?A.
CITY OF DENTON
BEST VALUE BID FOR UTilITIES, AMBULANCE, CODE ENFORCEMENT LIENS AND
MISCELLANEOUS RECEJV ABLES COLLECTION SERVICES
12~
Upon request, will you provide an independently audited financial statement? ..... ~
esn: toil\ py,viDlt. 4. SAS'lO .....I~
Yes~ No 'R"!pof-t- tApOI\ f,lUS.+.
Have you receive4 any complaints concerning non-compliance to the applicable federal,
state, and local statutes regarding Fair Debt Collection practices? · ,_. _ A . ,. A
- & Nu J\O~ r'"t!~ei V~ (Ul ~ ViM I ~ .
Yes No X CoIW\PI()..\n+s. ~J\(..erll\i~ rma?CDlMf'ha.A..Lt.-
If yes, please provide an explanation~
13.
Compatibility
14. Do you have the ability to incorporate a remittance slip in your written correspondences?
Yes '^
No
15 · Can you .combine multiple acCOlmts into a single collection effort? (i.e. Collect $500 for
ambulance servi.ce plus two utility account at $200 each from the same individual or entity.)
'"
No
Yes
16. What is the minimum combined amount for which you will perform collecti.ons~
$ cl.5. 00
17. Can you accept the Agreement as it is written? Yes No K
Tino, please indicate the areas of proposed changes. 'Plfdst. su'" ~JCerfrol\S II Se.e.fr~..
18. Is your office located within the DallasIFort W orthJDenton Metroplex?
Yes X
No
PAGE 28 OF BID #3624
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 8, 2007
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene an Open Meeting on
Monday, January 8,2007 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas
Present:
Chair Charldean Newell, Bill Cheek, John Baines and Randy Robinson
Ex Officio Members:
George Campbell, City Manager
Howard Martin, Assistant City Manager Utilities
Absent:
Bob Bland, Phil Gallivan (excused)
Dick Smith
Chair Charldean Newell announced that a quorum was present and convened the open
meeting at 9:01 a.m. to consider the following items.
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.
Chair Charldean Newell, at the request of ACM Howard Martin, Board Members Bill
Cheek and Randy Robinson, pulled items 1, 2, 3, 4 and 7 for individual consideration.
5) Consider recommending approval of the quote from Oslin Nation Company for replacement
of the rotating assembly in the damaged wastewater pump at the Hickory Creek Lift Station
for the amount not to exceed $28,142.
6) Consider recommending approval of the proposal from CDM for engineering services related
to rehabilitation/upgrade of the effluent water filters at the Pecan Creek Water Reclamation
Plant in an amount not to exceed $18,067.
Board Member John Baines moved to approve consent agenda items 5 and 6 with a second
from Robinson. The motion was approved by a 4-0 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION:
1) Consider recommending 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 five cab/chassis and three bodies for refuse trucks
for the Solid Waste Department, and two dump trucks for the Water Distribution and
Wastewater/Drainage Departments by way of an Interlocal Agreement with the City of
1 Draft Minutes - Public Utilities Board Meeting
2 January 8, 2007
3 Page 2 of3
4
5
6 Denton; and providing an effective date (File 3702-Interlocal Agreement for the purchase of
7 Heavy Trucks for Various Utility Departments awarded to Rush Truck Centers of TX in the
8 amount of$786,251, and McNeilus Truck and Manufacturing in the amount of$245,540,for a
9 total award of$I,028,791).
10
11 Martin informed Board Members that there were 2 corrections to the backup material for this
12 item. Item #3 under background information for the Peterbilt Front Load, the price should be
13 revised to $114,593 instead of $114,493. Item #5 the Peterbilt Side Load, the price each and
14 total price should be the same, $104,499. Martin also explained that these revisions did not
15 affect the total dollar amount to be expended.
16
1 7 Board Member Cheek reminded staff that the Board previously requested documentation
18 showing budget approval when major equipment purchases were submitted to the Board for
19 approval. Cheek reaffirmed his request. Cheek stated that he wants to be confident that the
20 Board has approved the purchases and that the appropriate dollar amounts are incorporated into
21 the budget.
22
23 Board Members discussed and determined that budgetary documentation would not be required
24 for equipment purchases under $100,000. However, equipment purchases over $100,000 PUB
25 approval, and budgetary documentation will be required to be included as part of the backup
26 material.
27
28 Board Member Cheek moved to approve with a second from Robinson. The motion was
29 approved by a 4-0 vote.
30
31 2) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City
32 Manager or his designee to execute a purchase order with the Houston-Galveston Area
33 Council of Governments (H-GAC) for the acquisition of a three roll off bodies and three 100
34 yard trailers for the City of Denton Solid Waste Department by way of an Interlocal
35 Agreement with the City of Denton; and providing an effective date (File 3703-Interlocal
36 Agreement for Roll Off Bodies and Trailers with H-GAC awarded to Rush Equipment
37 Center in the amount of$196,646.10 and B&C Body Co. in the amount of 100,941.75 for a
38 total award amount of $297,587.85).
39
40 Board Member Cheek moved to approve Item 2 with the stipulation that budgetary
41 documentation be included as part of the backup material for approval of purchases over
42 $100,000. Board Member Robinson seconded the motion. The motion was approved by a
43 4-0 vote.
44
45 3) Consider adoption of an Ordinance accepting competitive bids and awarding a contract for
46 the purchase of one 4800 gallon water truck for the City of Denton Solid Waste Department;
47 providing for the expenditure of funds therefor; and providing an effective date (Bid 3667-
48 Water Truck for City of Denton Landfill awarded to the lowest responsible bidder Grande
49 Truck Center, in the amount of $161,088).
50
1 Draft Minutes - Public Utilities Board Meeting
2 January 8, 2007
3 Page 3 of3
4
5
6 Board Member Cheek moved to approve Item 3 with the stipulation that equipment
7 purchases over $100,000 require documentation for PUB approval. Robinson seconded the
8 motion. The motion was approved by a 4-0 vote.
9
10 4) Consider recommending adoption of an Ordinance in accordance with the provisions of State
11 law exempting such purchases from the requirements of competitive bidding awarding a
12 contract for purchase of a Caterpillar Model 345 BL Hydraulic Excavator MA2 from the City
13 of Brownwood; providing for the expenditure of funds therefore; and providing for an
14 effective date (File 3704-Purchase of Landfill Excavator awarded to the City of Brownwood,
15 Texas in the amount of $155,000).
16
17 Board Member Cheek moved to approve Item 4 with the stipulation that equipment
18 purchases over $100,000 will require budgetary documentation as part of the backup
19 material. Robinson seconded the motion. The motion was approved by a 4-0 vote.
20
21 7) Consider approval of awarding the third party collections services contract to Credit Systems
22 International, Inc., based on the proposal evaluation criteria, as provided for in the Request
23 for Proposal by Best Value - #3624.
24
25 Robinson asked staff if there was any documented history of performance for Credit Systems
26 International, Inc.
27
28 Charles Atkinson, Customer Service Manger, reported the collection debt to be approximately
29 $13M. Out of the total debt of$13M, the City has collected in house $3.4M or 29% and Credit
30 Systems International has collected $9.9M or 9% making a total collection rate of 38%.
31 Atkinson stated that staff was pleased with Credit System's overall performance.
32
33 Robinson moved to approve the item with a second from Cheek. The motion was approved
34 by a 4-0 vote.
35
36 The meeting was adjourned by consensus at 9:25 a.m.
37
AGENDA INFORMATION SHEET
AGENDA DATE: February 6,2007
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Frank G. Payne, P.E. 349-8946
ACM:
Jon Fortune II
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of the Anderson Street Repaving Project for the City of Denton;
providing for the expenditure of funds therefore; and providing an effective date (Bid 3585-
Anderson Street Repaving awarded to Quality Excavation Ltd. in an amount not to exceed
$104,709.10).
BID INFORMATION
The Anderson Repaving project from Mounts Ave. to Amarillo Street was funded in 2006 as part
of the Community Development Block Grant (CDBG) Program for the purpose of constructing
pavement improvements on Anderson Street from Amarillo Street to Mounts Ave.
The project consists of the reconstruction of 1,587 square yards of 7" asphalt pavement. The
existing asphalt pavement and concrete curb and gutter will be removed, the underlying soil
materials will be stabilized with lime, and 7 inches of new hot mix asphaltic concrete (HMAC)
pavement with new curb and gutter will be constructed on top of the new stabilized subgrade.
Bids for the construction phase of this project were received on December 21,2006. There were
a total of four bidders with bids ranging from $104,709.10 to $130,272.92 for the Total Base
Bid. The Anderson Street Repaving bid tabulation is included herein as Attachment 1.
RECOMMENDATION
Award to Quality Excavation, Ltd. in an amount not to exceed $104,709.10. Quality Excavation,
Ltd. meets all requirements for qualified low bidder for this project.
PRINCIPAL PLACE OF BUSINESS
Quality Excavation, Ltd.
Aubrey, TX
STAFF COST ESTIMATE
The engineer's opinion of probable construction cost for this project was approximately
$104,000.00 for the Total Base Bid.
Agenda Information Sheet
February 6, 2007
Page 2
ESTIMATED SCHEDULE OF PROJECT
This project is scheduled to begin in February 2007 and end in April 2007.
FISCAL INFORMATION
Funding for this project will come from the following City of Denton accounts:
CDBG-Anderson Street Repaving: 350165444.1360.40100 ($51,388)
Anderson Street Project Account: 350079440.1360.40100 ($42,280.86)
Anderson Street Project Account: 350079445.1360.40100 ($22,719.14)
Total Funded Amount for this project == $116,388.00
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1 :Bid Tabulation
l-AIS-3585
Attachment 1
Bid #3585
Date: December 21, 2006
Anderson Street Repaving
Jagoe-Public Co. Quality JRJ Paving, LP Basecom
Excavation, Ltd.
Place of Business: Denton, TX Aubrey, TX Denton, TX Ft. Worth, TX
ANDERSON ST. REPAVING SUBTOTAL BASE $129,336.10 $104,709.10 $130,272.92 $157,542.00
BID
ANDERSON ADDITIVE ALTERNATE $45,175.20 $30,922.80 $41,679.18 $48,884.50
SUBTOTAL
TOTAL - SUBTOTAL ANDERSON BASE PLUS $174,511.30 $135,631.90 $171,952.10 $206,426.50
SUBTOTAL ANDERSON ALTERNATE
Bid Bond Yes Yes Yes Yes
Addendum #1 Yes Yes Yes No
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE ANDERSON STREET REPAVING
PROJECT FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3585-ANDERSON STREET
REPAVING AWARDED TO QUALITY EXCAVATION LTD. IN AN AMOUNT NOT TO
EXCEED $104,709.10).
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
3585
Quality Excavation, Ltd.
$104,709.10
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. 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
, 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
~~~-Bi~~
AGENDA INFORMATION SHEET
AGENDA DATE: February 6,2007
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Keith Gabbard 349-7144
ACM:
Jon Fortune .
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for street milling services for the City of Denton Street Department; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3685- Two- Year Contract for
Street Milling Services awarded to the lowest responsible bidder meeting specification, Dustrol,
Inc., in the estimated cumulative annual amount of $210,000).
BID INFORMATION
This bid is for a two-year contract for the rental of street maintenance equipment with qualified
operators. This equipment is primarily used in the renovation of existing asphalt streets. The
process consists of milling to a smooth surface, sweeping debris, heating the asphalt, scarifying
the asphalt, and mixing old asphalt with new and relaying the pavement. We have used this
method successfully for several years. The City of Denton furnishes support services such as
supervision, trucking, and traffic control.
RECOMMENDATION
Award to Dustrol, Inc. in the estimated cumulative annual amount of$210,000.
PRINCIPAL PLACE OF BUSINESS
Dustrol, Inc.
Roanoke, TX
ESTIMATED SCHEDULE OF PROJECT
This is a two-year contract with the option to renew for two additional one-year periods with all
pricing, terms and conditions remaining the same.
FISCAL INFORMATION
Funding for this service will be charged to the appropriate department, or capital project as it is
used.
Agenda Information Sheet
February 6, 2007
Page 2
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
l-AIS-Bid 3685
Attachment 2
BID # 3685
DATE: January 9, 2007
Two-Year Contract for Street Millin Services
JRJ Paving, TexOp Dustrol, Inc.
LP Construction, LP
Principle Place of Business: Denton, TX Roanoke,TX Roanoke,TX
1 35,000 SY Milling Machine - Track Type Caterpiller 450 or $2.50 $0.75 $0.69
equal
Mobilization charge to include delivery, pick up,
1A 8 EA loading and unloading as required. One time $2,000.00 $1,000.00 $1,000.00
cha rge per activation.
2 2 HR Pick-up Broom - Mobil TE3 or equal $100.00 $100.00 $100.00
2A 2 EA Mobilization charge to include delivery, pick up, $375.00 $200.00 $250.00
loading and unloading as required.
3 NjA HR Trucking services per hour per truck for $77.00 NjA $42.00
disposal at City of Denton supplied site.
Addendum #1 Yes No Yes
Shipment can be made within __ days from 10 3 2
receipt of order. *Prices shall include a qualified operator or crew with each piece of equipment.
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING AN ANNUAL
CONTRACT FOR STREET MILLING SERVICES FOR THE CITY OF DENTON STREET
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 3685-TWO-YEAR CONTRACT FOR STREET
MILLING SERVICES AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING
SPECIFICATION, DUSTROL, INC., IN THE ESTIMATED CUMULATIVE ANNUAL
AMOUNT OF $210,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER
VENDOR
AMOUNT
3685
Dustrol, Inc.
Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and 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
, 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
~~~D-B~~
Exh ibit A
BID # 3685
DATE: January 9, 2007
Two-Year Contract for Street Millin Services
Dustrol, Inc.
Principle Place of Business: Roanoke,TX
1 35,000 SY Milling Machine - Track Type Caterpiller 450 or $0.69
equal
Mobilization charge to include delivery, pick up,
1A 8 EA loading and unloading as required. One time $1,000.00
cha rge per activation.
2 2 HR Pick-up Broom - Mobil TE3 or equal $100.00
2A 2 EA Mobilization charge to include delivery, pick up, $250.00
loading and unloading as required.
3 NjA HR Trucking services per hour per truck for $42.00
disposal at City of Denton supplied site.
Addendum #1 Yes
Shipment can be made within __ days from
receipt of order.
*Prices shall include a qualified operator or crew with each piece of equipment.
2
AGENDA INFORMATION SHEET
AGENDA DATE:
February 6, 2007
CM:
Transportation Operations
Howard Martin, 349-8232 ..
DEP ARTMENT:
SUBJECT
Consider the adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute on behalf of the City of Denton Amendment No.3 to an Airport Project
Participation Agreement with the Texas Department of Transportation dated January 8, 2002
relating to the construction of improvements at the Denton Municipal Airport and approving
terminal project costs not to exceed $1,689,142; and declaring an effective date.
BACKGROUND
In January 2002 the City of Denton entered into an Airport Project Participation Agreement
(APP A) with the Texas Department of Transportation, Aviation Division (TxDOT) for a Tower-
Terminal Project (grant). The original grant was for a total grant match of $800,000. This was a
50:50 TxDOT match of $500,000 for the Tower Project and $300,000 for the Terminal Project.
Security concerns after the September 11, 2001 terrorist attacks led to the originally planned
j oint use T ower- Terminal Proj ect to be separated to enhance safety and security of the air traffic
control operation. In September 2004, an additional 50:50 TxDOT grant of $100,000 was
offered to provide for the construction of an auto parking lot for the proposed Terminal Building.
On March 7, 2006 the City Council adopted Ordinance No. 2006-068 approving Amendment
Number 2 to the Tower-Terminal Grant. This amended the procedure for financial payment and
nominated TxDOT to serve as the City's agent to reduce financial liability, enhance compliance
with grant regulations and improve efficiencies in grant administration within TxDOT. This
amendment required that the City of Denton submit the sponsor's local share of the estimated
project cost to TxDOT prior to advertising the bid for the project. Furthermore, Amendment
Number 2 requires that should the low bid exceed the estimated project cost and TxDOT grant
match, the sponsor will be required to submit the additional local share to TxDOT prior to
accepting the low bid and initiating a construction contract with the low bid contractor.
Beginning in FY 2007, TxDOT increased the Terminal Grant Program to allow a TxDOT and
federal funding match of $500,000 for aid in construction for terminal buildings. The proposed
Denton project will result in a TxDOT grant match of $450,000 and a 90: 10 federal Non-Primary
Entitlement Grant (NPE) grant match of $150,000 ($16,667 local share). Total aid in
construction for the project would be $600,000, $500,000 for Terminal and $100,000 for parking
lot.
GRW Willis is the architect for the project and City of Denton Facilities Management will
provide project management. A bid opening was held on January 16, 2007 with Alshall
Construction Company (ACCO) of Carrollton, Texas submitting a low bid, including staff
recommended bid alternates, in the amount of $1,344,935. A bid tabulation sheet has been
attached as Exhibit 4 for your reference and Exhibit 5 demonstrates staff recommendations. The
TxDOT grant does not fund landscaping costs, impact fees, tap fees, data/fiber, phones,
furniture, or other related fixtures and equipment (FFE). These expenses were originally
estimated at $150,000 and programmed through the use of gas well revenues. The low bid of
$1,344,935, ten-percent construction contingency of $134,493, the revised FFE costs of
$127,200 and bid advertising fees of $4,001 amount to an estimated construction cost of
$1,610,629. Total project cost, including $78,512 for engineering and design, is $1,689,142.
To accept the low bid, with staff recommendations, and proceed with construction will require a
total of $1,089,142 in local funding and maximization of the $600,000 of aid in construction.
Exhibit 6, Airport Terminal Project Cost Worksheet, outlines project funding and participant
share of project costs. City staff has identified the use of a portion of the $700,000 in CO Bonds
issued in July 2006 for Airport Capital Projects to cover the anticipated project shortfall of
$574,611. If the proposed Amendment is approved, the City will submit the remaining local
share amount of $541,531.81 to TxDOT. Approval of Amendment 3 will also allow TxDOT to
execute a contract with ACCO to begin construction of the proposed Terminal Building.
OPTIONS
I. Redesign and re-bid the project.
II. Approve the proposed Grant Amendment Number 3 and authorize the use of $574,611 in
CO funds to facilitate the project.
III. Provide staff direction with additional options.
RECOMMENDATION
Staff recommends Option II.
ESTIMATED SCHEDULE OF PROJECT
The TxDOT bid process requires contractors to guarantee bids for 60 days. TxDOT has
requested that a response be provided by March 17, 2007. Should the City Council adopt the
proposed ordinance approving Amendment Number 3 to the grant and approving the additional
local share of funding, the estimated six-month construction phase could begin within 30 days of
proj ect approval and notice to proceed.
PRIOR ACTION/REVIEW
The City Council approved Amendment Number 2 to the Terminal Grant on March 7, 2006
providing for an estimated grant eligible construction cost of $877,850 and an estimated total
project cost of $1,027,850. The City of Denton submitted $372,257 to TxDOT as part of
Amendment Number 2 in March 2006.
2
FISCAL INFORMATION
A 90:10 federal NPE grant IS In place for $150,000 of matching funds to assist in the
construction of the Terminal. A 50:50 TxDOT grant is in place providing $450,000 of state
funds for construction services related to the proposed airport terminal building and related
parking lot. Design, construction, equipment and furnishing cost is now estimated at $1,689,142
and local participation is estimated at $1,089,142 or 64% of the project cost.
EXHIBITS
1. Ordinance
2. Grant Amendment Number 3
3. TxDOT Payment Request
4. Terminal Project Bid Tabulations
5. Staff Recommendations for Terminal Project
6. Airport Terminal Project Cost Worksheet
Respectfully submitted:
o/~~
Mark Nelson, CM
Chief Transportation Officer
3
S :\Our Documents\Ordinances\07\TxDOT Grant Agreement Amendment 3.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE ON BEHALF OF THE CITY OF DENTON AMENDMENT NO. 3 TO AN
AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION DATED JANUARY 8, 2002 RELATING TO THE
CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT AND
APPROVING TERMINAL PROJECT COSTS NOT TO EXCEED $1,689,142; AND
DECLARING AN EFFECTNE DATE.
WHEREAS, pursuant to Ordinance No. 2002-005 the City of Denton ("City") entered
into an Airport Project Participation Agreement, dated January 8, 2002 with the Texas
Department of Transportation ("TxDOT") related to the construction of improvements consisting
of the air traffic control tower, airport terminal building, and auto parking lot at the Denton
Municipal Airport, referenced as TxDOT Contract No. 2XXA V018 (the "Existing Agreement");
and
WHEREAS, pursuant to Ordinance No. 2005-286 on September 21, 2004, the City
entered into Amendment No. 1 to the Existing Agreement; and
WHEREAS, pursuant to Ordinance No. 2006-068 on March 7, 2006, the City entered
into Amendment No.2 to the Existing Agreement; and
WHEREAS, TxDOT and the City desire to enter into Amendment No. 03 to the Existing
Agreement, a copy of which is attached hereto and made a part hereof by reference
("Amendment No.3"), to increase the funding by $577,481.00, increasing the total project cost
to $2,377,481.00 and the City's share of eligible project costs to $1,427,481.00; and
WHEREAS, CO bond funds in the amount of $574,611.00 are available to facilitate the
project; and
WHEREAS, the City Council deems it in the public interest to approve Amendment No.
3; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein as true.
SECTION 2. The City Council hereby approves terminal project costs not to exceed
$1,689,142.00.
SECTION 3. The City Manager, O! his' designee, is hereby authorized to execute
Amendment No.3 in substantially the form of the attached Amendment No.3 on behalf of the
City of Denton.
EXHIBIT 1
S:\Our Documents\Ordinances\07\TxDOT Grant Agreement Amendment 3.doc
SECTION 4. The City Manager, or his designee, is the City's authorized representative
who is directed to comply with any assurances, conditions, or agreements required to be
executed to receive the funds provided under Amendment No.3, including payment of the City's
share of the estimated construction costs.
SECTION 5. The City Manager, or his designee, is authorized to expend not more than
$574,611.00 in CO bond funds to facilitate the. project.
SECTION 6. The City Manager, or his designee, is authorized to exercise all rights and
duties of the City of Denton under Amendment No.3 and to make any expenditures provided for
therein.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
.y
Page 2 of2
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(State Assisted Airport Development)
Amendment No. 03 to the Agreement
TxDOT CSJ No.: 0218DENTN
TxDOT Project No.: AP DENTON 3
TxDOT Contract No. : 2XXA VO 18
Commission Approval: September 27, 2001
Part I - Identification of the Project
TO:
The City of Denton, Texas
FROM:
The State of Texas, acting through the Texas Department of Transportation
The City of Denton, hereinafter referred to as the "Sponsor", and the Texas Department
of Transportation, hereinafter referred to as the "State," have entered into an Airport Project
Participation Agreement TxDOT CSJ Number 0218DENTN, executed by the Sponsor on
January 8, 2002, and by the State on January 22, 2002, for the development of the Denton
Municipal Airport.
The project is described as design and construction services to: build an airport terminal
building and an air traffic control tower and auto parking lot at the Denton Municipal Airport.
Part II - Offer of Financial Assistance, estimates total project costs to be $1,800,000.
Financial assistance is currently limited to $900,000 state funds and $900,000 in local
sponsor funds.
It is in the mutual interest of the Sponsor and the State to amend the Airport Project
Participation Agreement at this time to increase the agreement by $50,000 in state funds and
$527,481 in local share to cover the actual bid results for the terminal building and parking lot.
In consideration of the parties' mutual promises, the following amendment to the Airport
Project Participation Agreement shall become effective upon execution of this Amendment by
the Sponsor and the State.
The Airport Project Participation Agreement is amended to following:
Page 1 of3
Exhibit 2
1. Part II, paragraph 1 of the Agreement, change Amount A, total project costs, and any
further references in the Agreement to Amount A, to $2,377,481.
2. Part II, paragraph 1 of the Agreement, change Amount C, State's share of eligible project
costs, and any further references in the Agreement to Amount C, to $950,000.
3. Part II, paragraph 1 of the Agreement, change Amount B, Sponsor's share of eligible
project costs, and any further references in the Agreement to Amount B, to $1,427,481.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
The above amendment to the Airport Project Participation Agreement between the City
of Denton and the Texas Department of Transportation is mutually agreed to and accepted.
day of
,20_
Executed this
The City of Denton" Texas
Sponsor
Witness Signature
Sponsor Signature
Witness Title
Sponsor Title
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:4!~e:Y<< ~
7....~ '
/'
Page 2 of3
Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
Date:
Page 3 of3
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Staff Recommendations For Terminal Project
(Based on low bid)
Draft
Base bid for the building (Schedule 1) $1,174,277.23
Bid Alternate #2 Building Management System ($29,500.00)
Bid Alternate #3 AC For Room 116 $7,600.00
Schedule #2 (Parking Lot) Bid Alternate #8 6" Concrete Paving $192,557.44
Total Cost of Construction $1,344,934.67
Construction Shortage $507,170.67
Construction shortage (372,677.67) and Tx
dot required 10 % contingency ($134,493)
Advertisements cost for 2nd bid $4,001.00
Reimbursement from TX Dot (This money is taken out of our grant Money) $30,359.19
FFE & Necessities not paid by TX Dot (ie: ADA, impact fee...) $127,200.47
Account 20001 OXXX Balance as of 1/27/07 ($94,120.49)
Total needed $574,610.84
Exhibit 5
Airport Terminal Project Cost Worksheet
Draft
Building and Parking Lot Low Bid
(Staff Recommendation)
Estimate For Furniture, Fixtures & Necessities (9/27/06)
Advertisments for 2nd bid
100k Contingency required by TX Dot
Total Cost of Building, Furniture & Necessities
Total Grant Money
Non-Primary Entitlement (federal) $150,000.00
50/50 TxDOT Match On Building Up To $350,000.00
50/50 TxDOT Match On Parking Lot Up To $100,000.00
Reimbursement from TX Dot ($30,359.19)
Money Paid to TxDOT and Balance on Airport Account
Funding Needed To Complete Project
FY 2006 Airport CO Funds Available
$1,344,934.67
$127,200.47
$4,001.00
$134,493.00
$1,610,629.14
($569,640.81 )
($466,377.49)
$574,610.84
$682,500.00
Exhibit 6
AGENDA INFORMATION SHEET
AGENDA DATE: February 6,2007
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager ~
SUBJECT:
Approve a resolution adopting the City of Denton's fiscal year 2008 Congressional Priority
Project requests for the 11 oth Congress.
BACKGROUND:
Since fiscal year 2003, Denton has submitted Congressional priority project requests to Denton
legislators for projects that qualify for special consideration, treatment or funding based on the
needs of the community and the appropriateness for federal consideration.
Since our first submission, Denton has received in excess of $12 million in earmarked federal
funds for such projects as runway and taxiway realignment at the Airport, perimeter sidewalks
downtown, and funds to assist in purchasing property for a multimodal transportation facility.
Generally, successfully earmarked projects receive between $100,000 and $2 million per year for
duration of one to three years.
In preparation for making Denton's FY 2008 requests, staff and the appropriate board and/or
committee reviewed the FY 2007 requests. The West Loop 288 Extension Project from IH - 35
to IH - 35 W was a priority funding request for FY 2007 and was presented to the Mobility
Committee for their recommendation. The Mobility Committee concurred with staffs
recommendation that the project not be included as part of the FY 2008 priority funding request.
The vote was 3-0.
The Denton Municipal Airport request was increased from the $855,00 from the FY 2007
request to a request for $990,000. The request is for the radar equipment for the control tower
and security fencing for the perimeter of the airport. The request was increased $150,000 for the
security fencing due to increased construction and material costs experienced in the past 12
months. The total request is for $1,100,000 less Denton's required 10% match of $110,000.
Funding of the request would complete the three-year request that has all ready provided $2.816
million for the runway extension and $2.205 million for construction of the terminal apron and
taxiway realignment project. The Airport Board reviewed the project and recommended 5-0 that
the project be included. The Mobility Committee concurred with the recommendation of the
Airport Board (3-0) at their meeting of December 19, 2006.
The Downtown Development Improvements project for FY 2007 requested $500,000 for
sidewalk improvements on Hickory Street from Bell Avenue to Carroll Boulevard. Completion
FY 2008 Congressional Priority Projects
January 23, 2007
Page 2
of the project would provide pedestrian access from the future Downtown Transit Center to the
edge of the University of North Texas. In April 2006, the City of Denton Downtown
Development department submitted a request for funding of the Hickory Street Corridor and Arts
Walk Project from the Texas Department of Transportation's (TxDOT) Statewide Transportation
Enhancement Program (STEP). In April 2006, the City received a letter from the Texas
Transportation Commission notifying staff that TxDOT had pulled all funding for enhancement
projects. As part of the STEP submission process, the project was ranked by the North Central
Texas Council of Governments number nine out of the fifty-five projects submitted in TxDOT's
Eastern Subregion, indicating that the project's transportation implications are important not only
to Denton but also to the region. The original amount of funding requested through STEP, an
80% / 20% match program, was $1,556,505 with the entire project totaling $1,945,631. The
Downtown Task Force, Economic Development Partnership Board, Denton Mobility Committee
and the Denton Main Street Organization all reviewed and recommended submission of the
STEP project.
The Downtown Task Force recommended that the sidewalk enhancements plus the Hickory
Street Corridor and Arts Walk project in the total amount of $1,556,505 be included in the
Congressional Priority Projects for FY 2008. The Economic Development Partnership Board
reviewed the project and unanimously recommended the project to Council. The Mobility
Committee recommended the project as a priority with a vote of 3-0.
The Public Safety Training Facility Project requests $4.5 million for technological enhancements
to the training facility. Funding for planning and construction of the Public Safety Training
facility was approved as part of Denton's Capital Improvement Program. Partnerships with area
colleges, as well as public safety agencies, are being developed. In FY 2007, the project
received a "soft" earmark, which means it was recommended for earmark funding with no dollar
amount associated with the recommendation. Denton hoped that the project would be funded
when Congress completed their appropriation requests for the FY 2007. Congress did not
complete considerations of appropriations prior to the November elections. After the elections,
Congress approved a Continuing Resolution through February 2007 for all of the appropriations
that had not been approved, which means that appropriations would be funded at FY 2006's
appropriation levels with no earmarks. Therefore, staff recommends that the project be
submitted as one of the FY 2008 priority projects.
RECOMMENDA TIONS:
The recommendation from boards, committees and staff is that Council approves the three
recommended projects as Denton's FY 2008 Congressional Priorities. These include:
Airport improvements
Downtown Development Improvements
Public Safety Training Facility/Technology
$ 990,000
$1,556,505
$4,500,000
FY 2008 Congressional Priority Projects
January 23, 2007
Page 3
PRIOR ACTION/REVIEW:
Council reviewed and prioritized projects in February 2006. The Airport Board, Downtown
Task Force, Economic Development Partnership Board, and Mobility Committee have all
reviewed the projects.
Respectfully submitted:
~~ ....
-j'
Betty Williams
Executive Administrator
Attachments:
Attachment 1:
Attachment 2:
Draft Resolution
Draft Mobility Committee Minutes for 12/19/06 for Loop 288 West
Extension
Draft Airport Advisory Board Minutes for 12/13/06 for Airport
Improvements
Draft Mobility Committee Minutes for 12/19/06 for Airport
Improvements
Draft Economic Development Partnership Board Minutes for 12/18/06
for the Downtown Development Project
Draft Mobility Committee Minutes for 12/19/06 for the Downtown
Development Project
Attachment 3:
Attachment 4:
Attachment 5:
Attachment 6:
Attachment 2
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DRAFT MINUTES
City Council Mobility Committee
Tuesday, December 19,2006
After determining that a quorum of the Mobility Committee of the Denton City Council was
present, the Chair of the Committee on the Mobility convened into an Open Meeting on Tuesday,
December 19,2006 at 2:00 p.m. in the City Council Work Session room, 215 E. McKinney
Street, Denton, Texas:
Present:
Chair Pete Kamp, Mayor Perry McNeill and Council Member Bob Montgomery
Ex Officio Members:
George Campbell, City Manager
Jim Coulter, Director Water Wastewater Utilities
Mark Nelson, Chief Transportation Officer
Also Present: Frank Payne, City Engineer
Linda Ratliff, Director of Economic Development
Tim Whitman, Airport Manager
Ron Menguita, Planner II
John Polster, ITS
Ann Forsythe, Boards & Committees Coordinator
3) Receive a report, hold a discussion and provide a recommendation on projects to be included
as part of the 2008 Congressional Priority Project request for transportation funding.
Mark Nelson explained that this item is related to the West Loop 288 extension and has been
moved forward in the past as part of the FY 2006-07 City of Denton Congressional Priority
Project Request. John Polster, ITS, is recommending that this project not be included as part of
that request for FY 2008 due to a very low probability of receiving funding based on the fact that
federal highway funding is being rescinded rather than enhanced.
McNeill agreed and motioned to approve with a second from Montgomery. The motion
was approved by a 3-0 vote.
The meeting was adjourned by consensus at 2:40 p.m.
Attachment 3
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DRAFT MINUTES
AIRPORT ADVISORY BOARD MEETING
December 13, 2006
After determining that a quorum was present, the Airport Advisory Board convened for a
Regular Meeting on Wednesday, December 13, 2006 at 5:32 p.m. in the Don Windle
Hangar at 4633 Spartan Lane, Denton, Texas, at which the following items were
considered:
BOARD MEMBERS PRESENT: Chairman Woolfolk, Vice Chairman Smith, Mr.
Brown, Mr. Clark, Mr. Eames and Dr. Kristoferson.
BOARD MEMBERS ABSENT: Mr. Brewer with an excused absence.
STAFF MEMBERS PRESENT: Mr. Whitman, Airport Manager, Mr. Nelson, Chief
Transportation Officer, and Julie Mullins, Aviation Assistant.
ITEMS FOR INDIVIDUAL CONSIDERATION
III. Receive a report and hold a discussion on the Congressional Program and
priorities and provide a recommendation.
Mr. Nelson presented the 2008 Congressional Priority Project request for
discretionary funding for tower and security enhancements at the Airport.
The Airport was successful in receiving congressional funding in the past for
the taxiway realignment and the extension of the runway. Mr. Nelson
discussed safety and security benefits that could be realized if the City is
successful in receiving funding for a radar system for the Tower and
perimeter security fencing for the Airport. Airport staff is seeking the
donation of a decommissioned DBRITE RADAR system from the Federal
Aviation Administration that will be compatible with the DBRITE system in
place at DFW. The proposed fencing would be six-feet tall and have three-
strand barbed wire on top. The fencing would follow the airport along the
south and west property lines around the airfield, except for the north end;
this area will be tied into the current runway extension project.
Mr. Brown stated he had concerns with the cost of the fencing, understanding
all the infrastructure needs that the Airport currently has.
Airport Management explained to the Board the importance of the security
fencing as it relates to facility security and wildlife control.
Dr. Kristoferson recommended that staff consider a different kind of fencing
for an aesthetically pleasing look.
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Mr. Eames made a motion to approve the 2008 Congressional Priority Project
request list. Mr. Clark seconded the motion.
Motion carried 5-0.
Dr. Smith arrived at 5:50 p.m.
Attachment 4
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DRAFT MINUTES
City Council Mobility Committee
Tuesday, December 19,2006
After determining that a quorum of the Mobility Committee of the Denton City Council was
present, the Chair of the Committee on the Mobility convened into an Open Meeting on Tuesday,
December 19,2006 at 2:00 p.m. in the City Council Work Session room, 215 E. McKinney
Street, Denton, Texas:
Present:
Chair Pete Kamp, Mayor Perry McNeill and Council Member Bob Montgomery
Ex Officio Members:
George Campbell, City Manager
Jim Coulter, Director Water Wastewater Utilities
Mark Nelson, Chief Transportation Officer
Also Present: Frank Payne, City Engineer
Linda Ratliff, Director of Economic Development
Tim Whitman, Airport Manager
Ron Menguita, Planner II
John Polster, ITS
Ann Forsythe, Boards & Committees Coordinator
5) Receive a report, hold a discussion and provide a recommendation on projects to be included
for the Denton Airport as part of the 2008 Congressional Priority Project request.
Tim Whitman, Airport Manager, reviewed the request stating that the request was in the amount
of $990,000 for radar equipment and security enhancement projects at the Airport. The Airport
Advisory Board unanimously recommended 5-0 that the projects be included in the
Congressional Priority request to the City Council for consideration and approval.
McNeill recommended that the Committee concur with the Airport Board's
recommendation and move it forward to the City Council with a second from Montgomery.
The recommendation was approved by a 3-0 vote.
The meeting was adjourned by consensus at 2:40 p.m.
Attachment 5
MINUTES
CITY OF DENTON
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
December 18, 2006
After determining that a quorum was present, the Economic Development Partnership Board
convened on Monday, December 18,2006 at 12:15 p.m. in the City Council Worksession Room
at Denton City Hall.
PRESENT:
Jerry Mohelnitzky, Perry McNeill, Marty Rivers, Bob Haley, Euline
Brock, and Denny Aldridge
STAFF PRESENT:
Linda Ratliff, Karen Dickson, Howard Martin, Chuck Carpenter,
Michelle Cunningham, Christina Davis, and Jon Fortune
ABSENT:
Gretchen Bataille
1. Approval of the minutes of the November 20,2006 meeting
Board Member McNeill motioned approval of the minutes, Board Member Rivers
seconded. Motion carried unanimously.
The Board went forward with Item 3, as all presenters for Item 2 were not available.
3. Received a report, held a discussion, and made a recommendation regarding the
creation of a tax abatement policy to encourage preservation and renovation of
historic structures in the Fry Street Small Area Plan District.
Linda Ratliff stated a draft policy was going to Council on December 19, 2006 and
that the Historic Landmark Commission had already approved the item. Staff wanted
to get the Economic Development Partnership Board's recommendation prior to
taking it before the Council.
Board Member Brock motioned to approve the policy. Board Member Rivers
seconded the motion. Motion carried unanimously.
2. Received a report, held a discussion, and gave staff direction regarding a request
for a Chapter 380 incentive agreement for the Rayzor Ranch development.
Joe Gampper introduced Jim Gandy who is working on the project and Randy
Holcombe who works for Allegiance Development. Mr. Gampper stated they
presented a plan about a year ago to City Council and now wants to present a project
update for consideration. Mr. Gampper said rezoning should be complete in January.
Retail anchors anticipated are Dillard's, Penny's and possibly Macy's. Also a movie
theatre and sports store are planned. On the north side Sam's and Wal-Mart should
be complete by mid-fall 2007. The Rayzor Marketplace will be approximately
900,000 SF and projected to open in 12 - 18 months. Two-one
December 18, 2006 Meeting Minutes
Page 2
acres tracts will be donated, in the name of the Rayzor family, for museums located in
the development. Non-profit groups will coordinate the project. There will be high
focus on multi-family high-end development with 650 condos/townhouses projected
to sellout within 5 years. They are already receiving many requests. They estimate
that 25%-30% of home buyers in this project will be over 65 years of age or empty
nesters. Nine acres of housing will be developed specifically for that age group.
They are working with TXDOT to relieve congestion on Hwy 380. Infrastructure
within the development will include three roads running north to south and two or
three running east to west. These roads are planned to relieve congestion on Bonnie
Brea and Hwy 380.
Mr. Gandy, who was also involved in opening the Stonebriar Center, said Rayzor
Ranch is receiving national recognition and is on the "Who to Watch" in US
Construction.
The Board convened for closed session at 1:12 p.m., then reconvened at 1:47 p.m.
Board Member Aldridge motioned that the Board enthusiastically supports the project
and directs staff to move forward with Rayzor Ranch to get final numbers for final
recommendation. Board Member Haley seconded. Motion carried unanimously.
4. Received a report and held a discussion regarding goals identified by TIP
Strategies
Board Member Brock provided handouts on education levels and housing ownership
and emphasized the important impact of this data on sound economic growth. She
indicated the Board should keep this information in mind when looking at future
projects.
5. Received a report, held a discussion, and made a recommendation that the City
Council include the Hickory Street Corridor and Arts Walk Project as one of
their Congressional Priority Projects for FY 2008
Alison Ortowski reported that the Hickory Arts Walk Proj ect grant funding has been
pulled by Texas Department of Transportation due to decreased federal funding.
Board Member Rivers motioned that the Board make a recommendation that the City
Council include the Hickory Street Corridor and Arts Walk Project as one of their
Congressional Priority Projects for FY 2008. Board Member Brock seconded.
Motion carried unanimously.
December 18, 2006 Meeting Minutes
Page 3
6. Received staff reports
Karen Dickson reported that funds have been approved by the Chamber for an
economic development website and includes funds to cover the request for
qualifications (RFQ) and request for proposal (RFP) process to contract a vendor for
the website development and all associated costs.
In the last fiscal year the Chamber has received 200 business leads, submitted 46
proposals and has five hot projects to date. Dickson requested letters of support go
out this week for a Peterbilt supplier who is considering Denton as a new business
location. Letters of support were requested from Mayor McNeill, The Chamber,
UNT and the EDP Board.
7. Received committee reports
Downtown Task Force, Marty Rivers
. Boundaries for TIF are being tweaked
. Reviewed policies for reimbursement for impact fees; 50% match up to
$250,000 and utilities
Denton MD, Mayor McNeill
. Material to promote Denton is going well
8. Confirmed date for future EDP Board meetings
Meetings will be held on the third Monday of each month, unless that date falls on a
holiday. If so, the Board will agree on an alternate date for that month. Meeting
locations will continue to alternate between the Chamber and City Hall.
Due to the holiday on January 15th, the next board meeting will be on January 22,
2007 at 11 :30 a.m. Lunch will be provided for Board Members and the meeting will
be held at the Chamber.
Due to spring break starting on March 19th, the March meeting will be on March 26,
2007 at 11 :30 a.m. Lunch will be provided for Board Members and the meeting will
be held at the Chamber.
9. Other or new business
Leadership Denton is conducting a property maintenance survey that can be found on
the Chamber's website. Please feel free to encourage people to participate in the
survey.
6. Meeting was adjourned at 2:25 p.m. with happy holiday wishes for all!
S :\EDP\Meeting Minutes\2006 Minutes\12-18-06 Minutes.doc
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DRAFT MINUTES
City Council Mobility Committee
Tuesday, December 19, 2006
After determining that a quorum of the Mobility Committee of the Denton City Council was
present, the Chair of the Committee on the Mobility convened into an Open Meeting on Tuesday,
December 19,2006 at 2:00 p.m. in the City Council Work Session room, 215 E. McKinney
Street, Denton, Texas:
Present:
Chair Pete Kamp, Mayor Perry McNeill and Council Member Bob Montgomery
Ex Officio Members:
George Campbell, City Manager
Jim Coulter, Director Water Wastewater Utilities
Mark Nelson, Chief Transportation Officer
Also Present: Frank Payne, City Engineer
Linda Ratliff, Director of Economic Development
Tim Whitman, Airport Manager
Ron Menguita, Planner II
John Polster, ITS
Ann Forsythe, Boards & Committees Coordinator
4) Receive a report, hold a discussion, and make a recommendation that the City Council
include the Hickory Street Corridor and Arts Walk Project as one of their Congressional
Priority Projects for FY 2008.
Linda Ratliff, Director of Economic Development, stated that in past year's initial requests for
Congressional funding were for transportation projects to handle Denton's growing population.
In preparation for the FY 2008 requests, the City will focus on just a few, well-vetted priority
requests. One of the recommended projects is the Hickory Street Corridor and Arts Walk
Project. This project will begin at Carroll Boulevard and extend east to Elm Street, will include
the block from Elm to Locust, and will then continue from Locust Street to the proposed Denton
County Transportation Authority Rail Station at Railroad Road.
This project was recommended and received a high ranking to be included in the Statewide
Transportation Enhancement Program (STEP) funding, an 80%/20% match program. The City
received notification in November that because the Federal Government has reduced the amount
of funds, TxDOT will not be able to fund enhancement projects.
Staff recommends that the Hickory Street Corridor and Arts Walk be included in the
Congressional Priority Projects for FY 2008.
McNeill recommended that staff's proposal be forwarded to Council with a second from
Montgomery. The recommendation was approved by a 3-0 vote.
The meeting was adjourned by consensus at 2:40 p.m.
AGENDA INFORMATION SHEET
AGENDA DATE: February 6, 2007
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Consider adoption of an ordinance ordering an election to be held in the City of Denton,
Texas, on May 12, 2007, and if a runoff election is required, on June 16, 2007, for the
purpose of electing council members to Places 1, 2, 3, and 4 of the City Council of the
City of Denton, Texas; designating voting places and appointing election officials;
providing for bilingual notice of the election; ordering that an electronic voting system be
used; making additional provisions for the conduct thereof; providing an open meetings
clause; and providing for an effective date.
BACKGROUND
Approval of this ordinance would formally call the May 12, 2007 City Council election.
The ordinance contains all of the provisions necessary to fulfill the requirements of the
Texas Election Code.
Respectfully submitted:
Jennifer Walters
City Secretary
s: \OUf Documents\Ordinances\07\2007 election ordinance.doc
ORDINANCE NO.
AN ORDINANCE ORDERll'rG AN ELECTION TO BE HELD IN THE CITY OF DENTON,
TEXAS, ON MAY 12,2007, AND, IF A RUNOFF ELECTION IS REQUlRED, ON JUNE 16,
2007, FOR THE PURPOSE OF ELECTING COUNCILME11BERS TO PLACES 1, 2, 3 AND 4
OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING
PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL
NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE
USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; ).
PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING FOR AN EFFECTNE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. A municipal election is ordered to be held in the City of Denton, Texas, on
Saturday, May 12, 2007, such date being a uniform election date as defined in Tex. Elec. Code
941..001, as amended (the "Code") for the purpose of electing Council members for Places 1, 2, 3
and 4. In the event a runoff is required, the runoff election shall be held on Saturday, June 16,2007.
SECTION 2. The polling places, which shall be open from 7:00 a~m~ to 7:00 p.m., shall be as
follows:
1 ~ Voters residing in District N o~ 1 shall vote at:
MARTIN LUTHER KING, JR~ RECREATION CENTER
1300 WILSON STREET
DENTON, TEXAS
2~ Voters residing in District No.2 shall vote at:
DENTON NORTH BRANCH LIBRARY
3020 NORTH LOCUST
DENTON, TEXAS
3. Voters residing in District No~ 3 shall vote at:
NORTH LAKES RECREATION CENTER
2001 WEST WINDSOR DRIVE
DENTON, TEXAS
4. Voters residing in District No~ 4 shall vote at:
DENIA RECREATION CENTER
1001 PARVIN
DENTON, TEXAS
SECTION 3. The election officials for the election and the runoff, if any, shall be as follows:
S :\Our Documents\Ordinances\07\2007 election ordinance.doc
1. For the Central Counting Station: Connie Bell, Presiding Judge; Don Alexander,
Manager, and Randie Geistman, Tabulation Supervisor.
2. For District No.1: Ruby Cole, Judge; Betty Kimble, Alternate.
3. For District No.2: Mary Jo Pickens, Judge; Martha Menard, Alternate.
4. For District No.3; Meri Baskin, Judge; Dorothy Alderdice, Alternate.
5. For District No.4: Stanley Sawyer, Judge; Shirley Sawyer, Alternate.
6. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election
Code.
7. Connie Bell shall be Presiding Judge for the Early Ballot Board.
The presiding judge of the Central Counting Station and of each district are authorized to
appoint a sufficient mnnber of clerks as necessary to assist them in the election, including bilingual
assistants as required by law. The rate of pay for election judges and clerks shall be the maximum
amount provided for by State law.
SECTION 4.. Early voting shall be conducted for the election, and the nmoff election if
necessary, by the Office of the City Secretary in the Municipal Building at 215 East McKinney
Street in the City of Denton, Texas. The polls for early voting by personal appearance shall be open
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, commencing on April 30,
2007, and ending on May 4, 2007 and between the hours of7:00 a.m. and 7:00 p.m. May 7-May 8.
In addition, early voting shall be held on Saturday, May 5, 2007, between the hours of 10:00 a.m.
and 2:00 p.m., at the same location as weekday early voting..
SECTION 5. The Mayor is hereby directed to provide notice of the election, and the nmoff
election if necessary, in accordance with Sections 4.002 and 4.003 of the Texas Election Code and
as required by other applicable provisions of the law, the notice to be printed in the Spanish
language and the English language.
SECTION 6. An electronic voting system, using optically scanned ballots, meeting the
requirements of Chapter 124 of the Code, shall be used for said election. Preparation of the
necessary equipment and official ballots for the election shall conform to the requirements of the
Texas Election Code. In addition, each polling location will be equipped with a voting station that
complies with Section 61.012 of the Code.
SECTION 7. The City Secretary is authorized to prepare the official ballot for the election
and perform every act required by the City Charter and laws of the State of Texas for holding
elections.
SECTION 8. The election officers named above shall make returns for the election in the
manner required by law. The ballots that are properly marked in conformance with the provisions
of the Texas Election Code for votes cast both during the period of early voting and on the day of
the election shall be counted in the manner required by law~
Page 2 of3
... . 4:.
S :\Our Documents\Ordinances\07\2007 election ordinance. doc
SECTION 9~ The manner of holding such election and all questions pertaining thereto shall
be governed by the election laws of the State of Texas..
SECTION 10. Substantial copies of this ordinance in both English and Spanish shall serve as
proper notice of the election and said notice shall be: (a) published at least once in a newspaper of
general circulation published within the City, not less than the thirtieth day or later than the tenth
day before the election; (b) posted, not later than the twenty-first day before the election day, at a
public place in each election district that is in the jurisdiction of the city; (c) posted, not later than
the twenty-first day before election day a copy of this notice, which must include the locations of
each polling place, on the bulletin board used for posting notices of meetings of the City COlUlcil of
the City; or (d) posted, as may otherwise be required by Tex~ Elec. Code S4~003 and other
applicable law.
SECTION 11. It is hereby officially found and determined that the meeting at which this
ordinance is passed was open to the public as required by law and that public notice of the time,
place, and purpose of said meeting was given as required by the Open Meetings Act, as amended
Tex~ Gov't Code, ch. 551 and that a quorum of the City Council was present
SECTION 12~ This Ordinance shall become effective immediately upon its passage and
approval.
PRESENTED AND PASSED on the day of February 2007, at a regular meeting of
. the City Council of the City of Denton, Texas, by a vote of _ ayes and nos~
PASSED AND APPROVED this the
day of
, 2007 ~
PERRY R~ McNEILL, MAYOR
ATTEST:
JENNlFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M~ SNYD , CITY ATTORNEY
Page 3 of3
BY:
CITY OF DENTON CITY COUNCIL MINUTES
January 9, 2007
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 9, 2007 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tern Kamp; Deputy Mayor Pro Tern Mulroy; Council
Members Heggins, McElroy, and Thomson.
ABSENT: Council Member Montgomery
Item #4 was considered
4. Staff responded to requests for clarification of consent agenda items listed on the
Consent Agenda for January 9, 2007.
Council did not request any items of clarification.
Item #3 was considered
3. The Council received a report, held a discussion, and gave direction regarding
participation in the North Texas Commission Rest & Recuperation Program.
City Manager Campbell stated that the Council had been invited to participate in the North Texas
Commission's Rest & Recuperation Program in which they could greet the troops arriving at
DFW Airport. He asked if the Council would want to participate. They probably would have a
March or April date and could do one day or several days.
Consensus of the Council was to proceed with scheduling a day for them to participate.
Item #2 was considered
2. The Council received a report and held a discussion regarding the planned improvements
to Golden Triangle Mall.
Linda Ratliff, Director of Economic Development, introduced Larry Feldman of Feldman Mall
Properties who would be making a presentation to Council.
Larry Feldman stated that Feldman Mall Properties acquired large, underperforming malls and
renovated and re-tenant the malls to elevate them to "Class A" status. Goals included
encouraging shoppers to come back to the mall by bringing in a new shopping experience,
creating a "town center" atmosphere with the renovations, including a major attraction such as an
Imax theater, which would attract restaurants and shoppers after a movie and dinner. He
reviewed the proposed changes and updates to the Golden Triangle Mall.
Council discussion-
. What was Feldman's philosophy for the exterior appearance of the mall? Feldman stated
that they would soften the outside of the mall and create streetscapes.
. What was Feldman's philosophy for young shoppers? He stated that they encouraged that
age to shop by making a friendlier and safer environment for them.
City of Denton City Council Minutes
January 9, 2007
Page 2
. What was the phasing for the renovations? Feldman replied approximately 3 years.
. What was the downside of this project? Feldman expressed concern that other mall
operators might "steal" the current anchors at the mall or oversize a similar store.
1. The Council received a report, held a discussion and gave staff direction regarding street
maintenance issues.
Jim Coulter, Director of Water/Wastewater, reviewed the current statistics for Denton's streets.
The maintenance/reconstruction costs per land mile were detailed. He reviewed historical
information concerning street operations and maintenance expenditures and annual street
replacement costs. Recommendations included developing a pavement stakeholder group to
refine recommendations, develop criteria to extend the life cycle of streets, require developers to
pay for quality control testing up front with the City hiring the testing company, increase
inspection fees for monitoring and quality control for utility installation under roadways,
consider the purchase of a coring machine, continue to evaluate potential funding options for
street maintenance.
Consensus of the Council was that is was a good idea to get the stakeholders involved. A focus
group could be comprised of experts in field, members of the development community and local
builders. Staff should proceed with the plan as presented.
Special Called Regular Meeting of the City of Denton City Council on Tuesday, January 9, 2007
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 a proclamation for Denton Sesquicentennial Month.
3. CONSENT AGENDA
Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Mulroy
"aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
A. 2007 -001 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and Our Daily Bread to assist in providing food
supplies; providing for the expenditure of funds therefore; and providing for an
effective date. ($250)
City of Denton City Council Minutes
January 9, 2007
Page 3
B. 2007-002 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Denton Festival Foundation for supplemental
funding for the Arts and Jazz committee for the 2007 Arts and Jazz Festival;
providing for the expenditure of funds therefore; and providing for an effective
date. ($2,000)
C. 2007-003 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 one 14 yard dump truck for the City of
Denton Parks Department by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 3684-Interlocal Agreement for the
purchase of a Dump Truck for the Parks Department awarded to Rush Truck
Centers of TX in the amount of $116,149).
D. 2007-004 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement for architect or engineer by
and between the City of Denton, Texas and the firm of Freese and Nichols, Inc. to
provide engineering services associated with water distribution system master
planning in a lump-sum amount of $200,000; authorizing the expenditure of funds
therefore; and providing an effective date. The Public Utilities Board
recommended approval (7-0).
E. 2007-005 - An ordinance of the City of Denton, Texas, authorizing the Mayor to
execute an Interlocal Cooperation Agreement between the City of Denton, Texas
and the Upper Trinity Regional Water District regarding the use of the right-of-
way for water pipeline improvements; and providing an effective date. (Shady
Shores Road-Swisher Road Area) The Public Utilities Board recommended
approval (7-0).
F. Approved tax refunds for the following property taxes:
Name Reason Tax Amount
Year
1. McKeown, Michael & DCAD Supplemental Change 2001-05 $3,872.68
Shannon
2. Ezell Air, Inc DCAD Supplemental Change 2004 $1,495.99
3. Maverick Acoustics, Inc DCAD Supplemental Change 2005 $ 628.34
4. PUBLIC HEARINGS
A. The Council held the first of two public hearings to consider the voluntary
annexation and service plan for approximately 23.84 acres. The property to be annexed was
generally located in the southern area of the City of Denton's Extraterritorial Jurisdiction (ETJ)
northwest corner of I 35W and Robson Ranch Road. (A06-0003, Robson Ranch Retail)
Brian Lockley, Interim Director of Planning and Development, stated that this was the first of
two public hearings for this voluntary annexation. A retail development was proposed for the
site.
The Mayor opened the public hearing.
City of Denton City Council Minutes
January 9, 2007
Page 4
Joshua Griffin submitted a comment card in support of the project.
The Mayor closed the public hearing.
No action was required on this item at this meeting.
B. The Council held the first of two public hearings to consider the voluntary
annexation and service plan for approximately 18.27 acres. The property to be annexed was
generally located in the northwestern area of the City of Denton's Extraterritorial Jurisdiction
(ET J) north of US 380 west of Masch Brand Road and legally described as Lot 1 of the Marriott
Garden Addition. (A06-0006, Marriot Garden Addition, Lot 1)
Brian Lockley, Interim Director of Planning and Development, stated that this was the second
part of a current annexation underway. The area was located in the northwestern portion of the
City's ETJ and was currently used as a service/maintenance facility for Denton County.
The Mayor opened the public hearing.
No one spoke during the public hearing
The Mayor closed the public hearing.
No action was required on this item at this meeting.
C. The Council held a public hearing and considered adoption of an ordinance
regarding a rezoning of approximately 0.84-acres of land from Planned Development District
No. 176 to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property was
located on the southeast corner of Hickory Creek Road and Teasley Lane. (206-0023) The
Planning and Zoning Commission recommended approval (7-0).
Mayor McNeill stated that Items C through G would be considered together as one public
hearing.
Brian Lockley, Interim Director of Planning and Development, stated that this was the proposed
retail development of Hickory Creek Plaza located on the southeast corner of Hickory Creek
Road and Teasley Lane. The developer had submitted five requests for this property to facilitate
the development. Item C was to rezone the site to a NRMU zoning district. The first specific
use permit was to facilitate the anchor grocery store to exceed 25,000 square feet and to allow for
a drive-through facility associated with a pharmacy. The second specific use permit was for a
drive-through facility associated with a bank. The third specific use permit was for a fueling
station associated with the grocery store and the fourth specific use permit was for another drive-
through facility associated with a second bank on the site.
Deputy Mayor Pro Tern Mulroy questioned if the site plans for the specific use permits would be
a permanent factor for the site.
Lockley replied yes that they would be plugged into the plan.
The Mayor opened the public hearing for Item C-G.
City of Denton City Council Minutes
January 9, 2007
Page 5
No one spoke during the public hearings.
The Mayor closed the public hearings.
The following ordinance was considered:
NO. 2007-006
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM A PLANNED DEVELOPMENT DISTRICT (PD-176) TO
A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.84
ACRES, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF HICKORY
CREEK ROAD AND TEASLEY LANE, AND LEGALLY DESCRIBED AS TRACT
OF LAND SITUATED IN THE BARRY MERCHANT SURVEY, ABSTRACT
NUMBER 800, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; SAID
TRACT BEING ALL OF THE WHEELER RIDGE PHASE FOUR, LOT IX, BLOCK
BB; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z06-0023)
Mulroy motioned, McElroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "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
regarding a Specific Use Permit to allow a grocery store to exceed a maximum of 25,000 square
feet of gross floor area and to allow a drive-through facility associated with a pharmacy. The
proposed retail center development was located on the southeast corner of Hickory Creek Road
and Teasley Lane and was within a Neighborhood Residential Mixed Use (NRMU) zoning
district. (S06-0006) The Planning and Zoning Commission recommended approval (7-0).
The public hearing was considered with Item #C.
The following ordinance was considered:
NO. 2007-007
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A GROCERY STORE TO EXCEED A MAXIMUM OF
25,000 SQUARE FEET OF GROSS FLOOR AREA AND TO ALLOW A DRIVE-
THROUGH FACILITY ASSOCIATED WITH A PHARMACY ON
APPROXIMATELY 11.84 ACRES OF LAND, GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF HICKORY CREEK ROAD AND TEASLEY LANE AND
LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE BARRY
MERCHANT SURVEY, ABSTRACT NUMBER 800, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; SAID TRACT BEING ALL OF THE WHEELER
RIDGE PHASE FOUR, LOT IX, BLOCK BB; PROVIDING FOR A PENALTY IN
City of Denton City Council Minutes
January 9, 2007
Page 6
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S06-0006)
Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion
carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit to allow a drive-through facility associated with a bank. The
proposed retail center development was located on the southeast corner of Hickory Creek Road
and Teasley Lane and was within a Neighborhood Residential Mixed Use (NRMU) zoning
district. (S06-0007) The Planning and Zoning Commission recommended approval (7-0).
The public hearing was considered with Item #C.
The following ordinance was considered:
NO. 2007-008
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A DRIVE-THROUGH FACILITY ASSOCIATED WITH A
BANK ON APPROXIMATELY 11.84 ACRES OF LAND, GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF HICKORY CREEK ROAD AND TEASLEY
LANE AND LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE
BARRY MERCHANT SURVEY, ABSTRACT NUMBER 800, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; SAID TRACT BEING ALL OF THE
WHEELER RIDGE PHASE FOUR, LOT IX, BLOCK BB; PROVIDING FOR A
PENAL TY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(S06-0007)
McElroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried
unanimously.
F. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit to allow a drive-through facility associated with a fueling
station. The proposed retail center development was located on the southeast corner of Hickory
Creek Road and Teasley Lane and was within a Neighborhood Residential Mixed Use (NRMU)
zoning district. (S06-0008) The Planning and Zoning Commission recommended approval (7-
0).
The following ordinance was considered:
NO. 2007-009
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A DRIVE-THROUGH FACILITY ASSOCIATED WITH A
FUELING STATION ON APPROXIMATELY 11.84 ACRES OF LAND,
GENERALLY LOCATED ON THE SOUTHEAST CORNER OF HICKORY CREEK
City of Denton City Council Minutes
January 9, 2007
Page 7
ROAD AND TEASLEY LANE AND LEGALLY DESCRIBED AS A TRACT OF
LAND SITUATED IN THE BARRY MERCHANT SURVEY, ABSTRACT NUMBER
800, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; SAID TRACT
BEING ALL OF THE WHEELER RIDGE PHASE FOUR, LOT IX, BLOCK BB;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (S06-0008)
Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion
carried unanimously.
G. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit to allow a drive-through facility associated with a bank. The
proposed retail center development was located on the southeast corner of Hickory Creek Road
and Teasley Lane and was within a Neighborhood Residential Mixed Use (NRMU) zoning
district. (S06-0009) The Planning and Zoning Commission recommended approval (7-0).
The following ordinance was considered:
NO. 2007-010
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A DRIVE-THROUGH FACILITY ASSOCIATED WITH A
BANK ON APPROXIMATELY 11.84 ACRES OF LAND, GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF HICKORY CREEK ROAD AND TEASLEY
LANE AND LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE
BARRY MERCHANT SURVEY, ABSTRACT NUMBER 800, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; SAID TRACT BEING ALL OF THE
WHEELER RIDGE PHASE FOUR, LOT IX, BLOCK BB; PROVIDING FOR A
PENAL TY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(S06-0009)
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried
unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance on first reading to voluntarily
annex approximately 1,199 acres into the corporate city limits of the City of Denton, Texas. The
property to be annexed was generally located 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. The Planning and Zoning
Commission recommended approval (7-0). (A06-0005 Hills of Denton)
Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary
annexation for a master planned community and was known as the Hills of Denton.
City of Denton City Council Minutes
January 9, 2007
Page 8
The following ordinance was considered:
FIRST READING
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
APPROXIMATELY 1,199 ACRES OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS, LOCATED IN THE NORTHWESTERN AREA OF
THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION (ETJ);
GENERALLY NORTH OF LOOP 288, WEST OF LOCUST STREET (F. M. 2164),
SOUTH OF MILAM ROAD AND EAST OF BONNIE BRAE STREET, LEGALLY
DESCRIBED AS A PART OF A 879.3981 ACRE TRACT OF LAND SITUATED IN
THE J. A. BURNS SURVEY, ABSTRACT NO. 130, THE T. POLK SURVEY,
ABSTRACT NO. 999, THE V. GAILOR SURVEY, ABSTRACT NO. 452, THE J.
STEWART SURVEY, ABSTRACT NO. 1150, THE F. MCKETTRICK SURVEY,
ABSTRACT NO. 846, AND THE E. PRITCHETT SURVEY, ABSTRACT NO. 1025; A
145.1418 ACRE TRACT OF LAND SITUATED IN THE M. MAY SURVEY,
ABSTRACT NO. 807; A 173.6333 ACRE TRACT OF LAND SITUATED IN THE J.
COLLARD SURVEY, ABSTRACT NO. 287 AND THE A. WHITE SURVEY,
ABSTRACT NO. 1406, DENTON COUNTY, TEXAS, APPROVING A SERVICE
PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (106-0005)
Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "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. Council received citizen reports from the following:
A. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
B. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
C. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
D. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth was not present at meeting.
City of Denton City Council Minutes
January 9, 2007
Page 9
C. New Business
The following items of New Business were suggested by Council Members for future agendas:
1. Mayor McNeill suggested a work session regarding impact fees and fees
charged when a new home was built. He also suggested looking at the various
fees charged to start a project.
D. 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.
City Manager Campbell reminded Council of the DISD meeting on Wednesday and the mini
planning retreat next week.
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action taken on Closed Meeting Items.
With no further business, the meeting was adjourned at 7:16 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
January 10, 2007
Joint Meeting of the City of Denton City Council and the Denton Independent School District
Board of Trustees on Wednesday, January 10, 2007 at 12:00 noon in the City Council Work
Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tern Kamp; Deputy Mayor Pro Tern Mulroy; Council
Members Heggins, McElroy, and Thomson.
ABSENT: Council Member Montgomery
1. Call to order; announce quorum, introductions
Mayor McNeill called the Council to order and declared a quorum was present.
2. Review and discussion of legislative priorities for the City of Denton.
John Cabrales, Public Information Officer, reviewed the City priorities for the upcomIng
legislative session.
3. Review and discussion of legislative priorities for the Denton ISD.
Ray Braswell, Superintendent of Schools, reviewed the DISD priorities for the upcomIng
legislative session.
4. Update on plans for Denton County Days.
Chuck Carpenter, Denton Chamber of Commerce, stated that the events for Denton County Days
would be similar to the events from last year with teams formed for legislative visits. He
reviewed the daily itineraries for the session in Austin.
5. Update on plans for Clear Creek Natural Heritage Center.
Katherine Barnett, Special Projects Coordinator-City of Denton, reviewed the history of the
Center stating this was a cooperative venture with the DISD and the City. The Army Corps of
Engineers was also involved in the project. Sharon Betty and Kathy Morrison, DISD, updated
the Council and Board about the various areas of the Center and how the DISD was using the
Center for student environmental programs.
6. Update on major developments within the City of Denton.
Brian Lockley, Interim Director of Planning and Development, discussed the major
developments proposed for the City. They included Cole Ranch, Rayzor Ranch, Hunter Ranch
and the Hills of Denton.
7. Discussion on quarterly growth report for Denton ISD.
Superintendent Braswell and Gene Holloway, DISD Director of Planning, presented the DISD's
figures for its quarterly growth report.
City of Denton City Council Minutes
January 10, 2007
Page 2
8. Adjournment
With no further business, the meeting was adjourned at 1 :30 p.m.
PERRY MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS
PLANNING SESSION AGENDA
CITY OF DENTON CITY COUNCIL
January 16,2007
Denton Civic Center
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Tuesday, January 16,2007 at 8:30 a.m. in the Civic Center Conference Room at the
Denton Civic Center.
PRESENT: Mayor McNeill; Mayor Pro Tern Kamp; Deputy Mayor Pro Tern Mulroy; Council
Members Heggins, McElroy, and Thomson.
ABSENT: Council Member Montgomery
1. The Council considered adoption of an ordinance of the City Council of the City of
Denton, Texas, authorizing the City Manager to execute an agreement for professional services
with the Waters Consulting Group, Inc. relating to employee recruitment services; authorizing
the expenditure therefore; and providing an effective date.
City Manager Campbell stated that this was a contract with the Water Consulting Group, Inc. to
perform searches for several director positions that were currently vacant. It would be difficult
for the Human Resources Department to handle the number of key positions currently vacant in
the City. He recommended Council approve the ordinance to hire the consulting group.
Council Member Thomson asked about the Internal Auditor position.
Campbell replied that the Council Appointee Performance Review Committee recommended that
the search be done in-house with a statewide search.
The following ordinance was considered:
NO. 2007-011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL SERVICES WITH THE WATERS CONSULTING GROUP, INC.
RELATING TO EMPLOYEE RECRUITMENT SERVICES; AUTHORIZING THE
EXPENDITURE THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried
unanimously.
Following the completion of the Special Called Meeting, the City Council convened In a
Planning Session.
The Council received an update, discussed and gave direction concerning the long and short term
goals and objectives of the city, including without limitation, goals and objectives related to city
services, finances, budget, planning, zoning and development, operations, environment,
transportation, intergovernmental relations, boards, commissions and committees, and meetings.
City of Denton City Council Minutes
January 16,2007
Page 2
City Manager Campbell presented a matrix of goals and objectives from the October 2, 2006
retreat with an update on the items. He asked if Council had any specific items they wanted to
discuss.
Mayor McNeill asked why the item dealing with the feasibility of outsourcing the tax collection
process would take until July to complete.
Jon Fortune, Assistant City Manager, stated that the City was working with the Denton County
Tax Office for coordination of the time period.
Mayor McNeill suggested that it be done before the tax bills were sent out to the residents and
suggested moving up the time frame, if possible.
Deputy Mayor Pro Tern Mulroy asked about Item #5 - pavement failure and Item #14 - gas well
revenues. Concerning the gas well revenues, he suggested staff work sooner than later on the
items such as litigation, elevated specifications, street specification, expedite the road program
and bring Council a menu of choices for use of the gas well revenue. Concerning pavement
failure, he felt that road improvements should be #1 with staff targeting deteriorating roads to get
them up to satisfactory levels.
Council Member McElroy agreed with Deputy Mayor Pro Tern Mulroy regarding the street
maintenance issues. He felt the construction criteria should be patterned so as to lessen future
chances of litigation.
Council Member Heggins asked about Item #11-growth of the Farmer's Market. She noted that
no action had been done at this time and questioned what action should be done in order to get
started.
Mayor Pro Tern Kamp stated that she would like to know who was in charge so that questions
could be directed to that person.
Mayor McNeill asked about Item #3-growth management strategy. Was that on hold due to a
Supreme Court case?
City Manager Campbell stated it was a combination of things - the current workload in the
Planning Department, the need for outside counsel and the litigation in process. He would
advise that it be placed on hold until all of these issues were resolved.
Mayor McNeill asked about the current dollar amount for gas well revenues.
Assistant City Manager Fortune stated that there was approximately $2 million in airport funds
and $~ million for non-airport funds. In terms of the Airport funds, a determination was needed
for the use of the funds, submit a plan to the FAA for reimbursement expenses and then bring the
money back into the fund.
City Attorney Snyder suggested Council discuss whether or not to use gas well revenue money
for litigation cases or for auditing of the revenues.
City of Denton City Council Minutes
January 16,2007
Page 3
After discussion, consensus of the Council was to use gas well revenues for the second part of
the audit and use for litigation if necessary
Deputy Mayor Pro Tern Mulroy asked about Item #17-impact fee program. He requested staff
bring back a matrix of what $10,000 would provide and what was the right amount for the
community.
Council Member Thomson stated that the second part of Item #17 dealt with funding for
affordable housing projects. Many of the Habitat for Humanity homes were under the required
square footage with larger lots so they didn't qualify for the reduced impact fees. The square
footage on lots needed to be increased.
Mayor Pro Tern Kamp asked about Item #21-graffiti. Some of the downtown people were
willing to volunteer and wondered if any other city had that situation.
Assistant City Manager Martin Howard stated he would check.
Mayor Pro Tern Kamp suggested considering artists painting the transformer boxes to reduce
graffiti.
Mayor McNeill asked about how the new bike patrols were doing around the Square.
Fortune stated that they were already having a direct impact on the area with the increased
patro Is.
Council Member Thomson asked about Item #28-financial reporting of the Water Park and
Natatorium. He questioned how that would impact the general fund.
Fortune replied that the Natatorium was operating in the deficit.
Deputy Mayor Pro Tern Mulroy stated that the reason for a separate line item was to have the
information available for the school district. The water park was not loosing money, only the
natatorium. General government was subsidizing the natatorium.
Council discussed the accounting procedures for the natatorium and other city pools and how it
was reported in the budget.
City Manager Campbell stated that staff would discuss the change in reporting procedures as part
of the upcoming budget process.
Mayor McNeill mentioned Item #16-paperless government system. He especially felt the
Planning and Zoning Commission should move in that direction.
Assistant City Manager Martin indicated that there was not a great deal of support with the
Public Utilities Board for a paperless agenda and would explore the possibilities for the Planning
and Zoning Commission.
Mayor McNeill suggested exploring the idea of a secure website that was accessible only by the
Council to download the agenda.
City of Denton City Council Minutes
January 16,2007
Page 4
Staff left the meeting and Council continued to discuss the matrix items.
Item #1-organizational efficiency study - consensus was that this item was on hold until the City
Manager presented his recommendations.
Item #2-amendments to the Comprehensive Plan - consensus was that the plan needed to be
modified and progress was on track.
Item #3-Growth Management Strategy - consensus was to move in this direction but litigation
was holding up the process. Proceed after the litigation was settled.
Council Member Thomson stated that he wanted to be proactive rather than reactive and that a
strategy for growth was needed.
Deputy Mayor Pro Tern Mulroy stated that there needed to be a trip switch for annexations. In
the past, the City had extended utilities and provided roadways with no consideration of
annexation of the area.
Council Member Thomson also suggested looking at annexing the Clear Creek Heritage Facility.
Mayor McNeill felt that the Clear Creek project was an immediate need. There might also be
other holes in the existing city limits that staff needed to evaluate, especially the area west of the
new warehouses. If that area were an involuntary annexation, a three-year annexation plan was
needed for all of the area.
Item #4-revenue policies for downtown projects - consensus was to set March 1 st as a tentative
date for finalization of the Downtown Incentive Policy.
Item #5-construction and inspection criteria for new streets - consensus was that staff was
proceeding with the item but that it was imperative to have appropriate inspection procedures.
Council discussed the pros and cons of concrete versus asphalt streets and parking lots. It was
questioned why concrete parking lots were done in the parks and that perhaps more impervious
materials needed to be used in the parks.
Deputy Mayor Pro Tern Mulroy indicated that Council was still waiting for a comparison matrix
of concrete versus asphalt to be completed. The matrix was to compare among other things
concrete versus asphalt for longevity.
Item #9-public information requests - Mayor McNeill asked if the process now in place was
working.
City Secretary Walters replied yes it was appeared to be working very smoothly.
Item #6-public art master plan - Mayor Pro Tern Kamp stated that the Public Art Committee
would like to have a consultant to assist with the development of a master plan. Consensus was
that the request would be considered during the budget process.
City of Denton City Council Minutes
January 16,2007
Page 5
Mayor Pro Tern Kamp provided an update on Item #12-non-profit animal shelter operation. She
stated that there had been a board meeting identifying fundraising and a building committee.
Donations had already been received for a new shelter. The Committee had decided to try and
raise the needed donations themselves without using bonds to build a facility. The Committee
had already met with the City Manager to identify an in-kind donation from the City or the
County for land. The Mayor was organizing the County Commissioners for a possible agenda
item.
Mayor McNeill stated that he wanted a citizen committee formed to discuss all animal issues
before they came to council.
Consensus of the Council was to continue with the present board until the non-profit facility was
completed.
Mayor Pro Tern Kamp mentioned Item #13-designation of a Martin Luther King Blvd. It was
felt that it would be best to wait until Loop 288 was completed and then decide which portion to
designate. The exact type and wording for signage also still needed to be determined.
The Council convened at 10:01 a.m. in a Closed Meeting in Meeting Room #1 at the Denton
Civic Center to discuss the following:
A. Personnel Matters - Under Section 551.074 of the Texas Government Code.
1. Deliberate the duties of the City Manager.
No official action was taken on the Closed Meeting item.
With no further business, the meeting was adjourned at 12:15 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
February 6, 2007
DEP ARTMENT:
Parks and Recreation
Howard Martin, 349-823_
ACM:
SUBJECT
Consider adoption of a resolution allowing Metzler Food and Beverage to be the sole participant
allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras on February 17, 2007, upon
certain conditions; authorizing the City Manager or his designee to execute an agreement in
conformity with this resolution; and providing for an effective date. Chair of the Parks,
Recreation and Beautification Board will be making a positive recommendation to the Board at
its meeting of February 5, 2007.
BACKGROUND
The Rotary Club is hosting a Mardi-Gras party at the Civic Center on February 17,2007, from
6:00 p.m. - 11 :00 p.m. The event will be open to the public, and although it is the first year, and
expect 3-400 people to be in attendance at one time or another during the evening.
Roy Metzler, with Metzler Food and Beverage, will be providing the beverage sales service for
the event, and will obtain all necessary licensing from the T ABC. In addition, he will be
providing fully trained and certified servers for the event.
Denton Rotary Club will provide liability insurance with the City of Denton as co-insured.
RECOMMENDATION
Staff recommends approval of the resolution and agreement as submitted, which is consistent
with agreements with other events, such as the Denton Arts & Jazz Festival.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
Parks, Recreation and Beautification Board will consider item at the February 5, 2007 meeting.
FISCAL INFORMATION
None.
EXHIBITS
1. Resolution
2. Letter of Request from Meltzer Food and Beverage
3. Civic Center Agreement
Respectfully Submitted by:
~..OwJ!~i
Emerson V orel
Interim Director of Parks and Recreation
Prepared By:
~ fl\c.~
Janie McLeod
Community Events Coordinator
S:\Our Documents\Resolutions\07\Rotary Club Mardi Gras Metzlers alcohol sell.doc
Exhibit 1
RESOLUTION NO.
A RESOLUTION ALLOWING METZLER'S FOOD AND BEVERAGE TO BE THE SOLE
PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE ROTARY
CLUB MARDI-GRAS CELEBRATION ON FEBRUARY 17, 2007, UPON CERTAIN
CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") is the owner of the Civic Center Park and
through the Park and Recreations Department co-sponsors the Rotary Club Mardi-Gras
Celebration at the Civic Center Park; and
WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park
pursuant to City of Denton Code, 922-32 (b); and
WHEREAS, the City Council finds that it is in the public interest to select only one
vendor of alcoholic beverages at the Rotary Club Mardi-Gras Celebration; and
WHEREAS, Roy Metzler doing business as Metzler's Food and Beverage (called
"Metzler's"), has requested that they be the sole participant allowed to sell alcoholic beverages at
this year's Rotary Club Mardi-Gras Celebration on February 17, 2007; and
WHEREAS, the Parks, Recreation, and Beautification Board has recommended that
Metzler's be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi-
Gras Celebration; and
WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and
Beautification Board; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. Metzler's shall be the sole participant allowed to sell alcoholic beverages at
the Rotary Club Mardi-Gras Celebration on February 17, 2007 at the Civic Center Park upon the
following conditions:
1. They shall be responsible to obtain the temporary license and
permit for selling alcoholic beverages approved by appropriate
state agency;
2. They shall provide the security necessary for the sale of alcoholic
beverages;
3. They shall provide general comprehensive liability insurance from
a responsible carrier, with the City as an additional insured, in the
amount of $500,000.00.
4. They agree to indemnify the City of Denton against any liability
incident to the selling of alcoholic beverages at the Rotary Club
Mardi-Gras Celebration.
S:\Our Documents\Resolutions\07\Rotary Club Mardi Gras Metzlers alcohol sel1.doc
SECTION 2. The City Manager or his designee is authorized to execute an agreement in
conformity with this Resolution, which shall be substantially in the form of the agreement
attached hereto and made a part hereofby reference.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY;
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
BY~~,~
Page 2 of2
Exhibit 2
January 29, 2007
Janie McLeod
City of Denton
Via email @ianie.mcleod@cityofdenton.com
Re: Denton Rotary Mardi Gras
Dear Janie:
On behalf of the Denton Rotary Club, I would like to request approval from the City of
Denton Parks Board and City Council to sell beer and wine at the upcoming Mardi Gras
Celebration. The event is to be held at the Denton Civic Center on February 17th,
between the hours of 6:00-11 :00 PM.
The event will be open to the public, and although it is our first year, we expect 3-400
people to be in attendance at one time or another that evening.
Roy Metzler, with Metzler Food and Beverage, will be providing the beverage sales
service for the event, and will obtain all necessary licensing from the T ABC. In addition,
he will be providing fully trained and certified servers for the event.
Denton Rotary Club will provide liability insurance with the City of Denton as co-
insured. If there is a specific dollar amount that the City needs, based upon the above
information, please let me know.
Thank you for your help in making this a fun and safe fundraiser for the Rotary Club.
Very truly yours,
~~~I ~~
Randy L. Robinson
Chair, Beverage Committee
Denton Rotary Club Mardi Gras Celebration
S:\Our Documents\Contracts\07\Civic Center Rotary Club Mardi Gras Celebration agreement.doc
Exhibit 3
CIVIC CENTER AGREEMENT FOR
THE ROTARY CLUB MARDI-GRAS CELEBRATION
STATE OF TEXAS ~
COUNTY OF DENTON ~
This Agreement, made this day of , 2007, by and between the
City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and Roy Metzler
doing business as METZLER'S FOOD AND BEVERAGE.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1
GENERAL
The City grants to METZLER'S FOOD AND BEVERAGE the exclusive privilege to sell
alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the
ROTARY CLUB MARDI-GRAS celebration on, to be held at the Civic Center Park. Attached
hereto and made a part hereof by is a copy of the resolution passed by the City Council of
Denton, Texas authorizing this privilege. This privilege does not extend beyond the date of the
ROTARY CLUB MARDI-GRAS celebration set for the year 2007.
ARTICLE 2
SCOPE OF SERVICES
METZLER'S FOOD AND BEVERAGE in order to exercise the privilege to sell
alcoholic beverages must perform the following:
A. METZLER'S FOOD AND BEVERAGE shall be solely responsible for the rental and
payment for any booth space necessary for the sale of alcoholic beverages at the
ROTARY CLUB MARDI-GRAS Celebration.
B. METZLER'S FOOD AND BEVERAGE shall be solely responsible to obtain any
temporary license and permit necessary for the selling of alcoholic beverages at the
ROTARY CLUB MARDI-GRAS Celebration.
c. METZLER'S FOOD AND BEVERAGE shall be solely responsible for the obtaining and
paying for any security necessary for their sale of alcoholic beverages at the ROTARY
CLUB MARDI-GRAS Celebration.
METZLER'S FOOD AND BEVERAGE's failure to do any of the above and to show
proper proof of compliance shall waive their right to exercise the privilege of selling
alcoholic beverages at the ROTARY CLUB MARDI-GRAS Celebration.
ARTICLE 3
LOCAL RULES AND REGULATION
METZLER'S FOOD AND BEVERAGE agrees to abide by all municipal, county, state
and federal laws, ordinances, rules and regulations and specifically, without limitation, the
Denton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits
and authorizations, and to comply with the requirements of any duly authorized person acting in
connection therewith. METZLER'S FOOD AND BEVERAGE shall pay all taxes, if any, of
every nature and description arising out of or in any manner connected with the sale of alcoholic
beverages.
METZLER'S FOOD AND BEVERAGE will exercise reasonable care and due diligence
in their sale of alcoholic beverages at the ROTARY CLUB MARDI-GRAS Celebration.
ARTICLE 4
INDEMNITY AGREEMENT
METZLER'S FOOD AND BEVERAGE shall indemnify and save and hold harmless the
CITY and its officers, agents, and employees from and against any and all liability, claims,
demands, losses, and expenses, including but not limited to, court costs and reasonable attorney
fees incurred by the CITY, and including, without limitation, damages for bodily and personal
injury, death and property damage, resulting from the negligent acts or omissions of
METZLER'S FOOD AND BEVERAGE or it officers, shareholders, agents, or employees in the
execution, operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 5
INSURANCE
During the performance of the Agreement, METZLER'S FOOD AND BEVERAGE shall
maintain the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less that $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. METZLER'S FOOD AND BEVERAGE shall furnish insurance certificates or insurance
policies at the CITY'S request to evidence such coverages. The insurance policies shall
2
name the CITY as an additional insured on all such policies, and shall contain a provision
that such insurance shall not be canceled or modified without written notice to the CITY
and METZLER'S FOOD AND BEVERAGE. In such event, METZLER'S FOOD AND
BEVERAGE shall, prior to the effective date of the change or cancellation, serve
substitute policies furnishing the same coverage.
ARTICLE 6
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To METZLER'S FOOD AND BEVERAGE:
To CITY:
Metzler's Food and Beverage
Roy Metzler
628 Londonderry
Denton, Texas 76209
(940) 591-1652
CITY OF DENTON:
City Manager
215 E. McKinney
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE 7
ENTIRE AGREEMENT
This Agreement, consisting of five (5) pages and one (1) exhibit, constitutes the complete
and final expression of the agreement of the parties, and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications, and agreements which
may have been made in connection with the subject matter hereof.
ARTICLE 8
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
prOVISIon.
3
ARTICLE 9
DISCRIMINATION PROIllBITED
In performing the services required hereunder, METZLER'S FOOD AND BEVERAGE
shall not discriminate against any person on the basis of race, color, religion, sex, national origin
or ancestry, age, or physical handicap. .
ARTICLE 10
PERSONNEL
A. METZLER'S FOOD AND BEVERAGE represents that it has or will secure, at its own
expense, all personnel required to perform all the services required under this Agreement.
Such personnel shall not be employees or officers of, or have any contractual relations
with the CITY.
ARTICLE 11
ASSIGNABILITY
METZLER'S FOOD AND BEVERAGE 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 CITY.
ARTICLE 12
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE 13
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit "A" Resolution No.
B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
c. 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.
4
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and METZLER'S FOOD AND BEVERAGE has
executed this Agreement through its duly authorized undersigned officer on this the day
of , 2007.
CITY OF DENTON, TEXAS
GEORGE CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN SNYDER, CITY ATTORNEY
METZLER'S FOOD AND BEVERAGE
BY:
ROY METZLER
WITNESS:
BY:
5
AGENDA INFORMATION SHEET
AGENDA DATE:
February 6, 2007
DEP ARTMENT:
Planning and Development Department
ACM:
Howard Martin, 349-8232
SUBJECT: 206-0027 (Preserve at Pecan Creek Apartments)
Hold a public hearing and consider adoption of an ordinance regarding a Detailed Plan
for a portion of Tract C of Planned Development District No. 132 (PD-132). The subject
property contains approximately 10.3 acres and is located at the northeast corner of
Shady Shores Road and the Rails to Trails right-of-way, west of Swisher Road.
BACKGROUND:
Applicant:
BGO Architects
Dallas, Texas
The applicant has requested approval of a Detailed Plan for this property to construct
approximately 192 apartment units, a leasing office and covered parking structures. The
property is currently undeveloped.
The proposed development is consistent with the Concept Plan approved by the City
Council on November 17, 1998 for Tract C of Planned Development District No. 132.
The Concept Plan allows for a maximum of 400 apartment units on Tract C at a density
of 20 units per acre. An additional 192 units are being proposed on the remainder of
Tract C at a later date. A Detailed Plan for the additional 192 units must also be
approved by City Council prior to development of that portion of Tract C.
Public notification information is provided in Attachment 3. As of this writing, staff has
not received any responses from property owners within 200 feet of the subject site.
OPTIONS:
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Table item.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval (6-1) of this rezonIng
request.
Staff recommends approval of the requested Detailed Plan as it is in compliance with the
Concept Plan for Planned Development District No. 132 and meets the requirements for a
Detailed Plan as outlined in the Denton Development Code.
PRIOR ACTION/REVIEW:
On November 17, 1998, the City Council approved Ordinance No. 98-394 which created
the current Concept Plan for the Preserve at Pecan Creek.
On January 10, 2007, the Planning and Zoning Commission recommended approval of
the request by a vote of6-1. (See attached January 10,2007 minutes in Exhibit 12)
EXHIBITS:
1. Staff Analysis
2. Location Map
3. Zoning Map
4. Future Land Use Map
5. Detailed Plan
6. Detailed Plan Enlargement
7. Sample Building Elevations
8. Tree Mitigation Plan
9. Tree Mitigation Letter
10. Transportation Improvements
11. Site Photographs
12. January 10,2007 Planning and Zoning Commission Minutes
13. Ordinance
Prepared by:
" ~...~ '~,;":"",
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Chuck Russell, AICP
Planner III
Respectfully submitted:
Brian Lockley, AICP
Interim Director of Planning & Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANAL YSIS
CASE NO: Z06-0027
DA TE TO BE CONSIDERED: January 10, 2007
LOCA TION:
The property is located at the northeast corner of Shady Shores
Road and the Rails to Trails right-of-way, west of Swisher Road
OWNER:
Transcontinental Realty Investors, Inc.
1800 Valley View Lane, Suite 300
Dallas, TX 75234
APPLICANT:
BGO Architects
4245 N. Central Expressway #300
Dallas, TX 75205
REQUEST:
A Detailed Plan for a portion of Tract C of Planned Development
District No. 132 (PD-132).
STAFF RECOMMENDATION: The Development Review Committee recommends
approval of the request, subject to the requirements of
Planned Development District No. 132.
ZONING
DISTRICT:
Tract C of Planned Development District No. 132 (The Preserve at
Pecan Creek). Tract C permits up to 400 units of multi-family at a
maximum density of 20 units per acre.
COMPREHENSIVE PLAN The subject site is located within a "Regional Mixed Use
DESIGNA TION: Center" future land use designation.
SITE AND SURROUNDINGS: The property is currently undeveloped.
North:
Tract E of Planned Development District No. 132-0pen
space
City of Corinth-Undeveloped and a fire station.
Regional Center Residential 1 (RCR-1 )-Undeveloped and
residential.
Tract B of Planned Development District No. 132-
Undeveloped, single family, a municipal water tank and a
cemetery.
South:
West:
East:
BACKGROUND INFORMA TION:
The applicant is proposing to develop approximately 192 apartment units, a
leasing office and covered parking structures. The property is currently
undeveloped. The site will have access from Shady Shores Road and no access
is being proposed to the north towards Lakeview Boulevard. The site is buffered
from existing single-family residential uses to the north and east by a creek (100
year floodplain) and trees.
The development standards for Tract C allow no maximum lot coverage, a
maximum density of 20 units per acre, a maximum of 400 total dwelling units, a
maximum building height of three stories, a minimum 25-foot front yard setback,
10-foot setback between buildings, and a minimum rear yard of 10 feet. The
proposed Detailed Plan is incompliance with these standards.
Planned Development District No. 132 was granted a Special Exception under
Section 35.1.5.B of the Denton Development Code which states in part:
"The following previously approved Planned Development Zoning District(s)
shall continue as a special exception in the zoning district and shall continue
as a legal conforming use:
PO 132, The Preserve"
The applicant has stated that because of this special exception, they will not
meet the current Code standards for tree mitigation since the zoning for this
development predates the Code requirements. The applicant has indicated there
are a total of 318 trees on site that are 6" caliper and above (3,324 total caliper
inches). Approximately 194 of these trees (2,182 caliper inches) will be removed
in order to develop the site, 124 trees will remain (1,142 caliper inches). The
applicant is planning to mitigate 422 of the 2,182 inches being removed (See
Exhibit 9). The applicant will be required to meet the landscaping and tree
mitigation requirements that were in effect at the time the Concept Plan for PO
132 was approved.
The applicant has submitted proposed building elevations (Exhibit 7). Staff has
encouraged the applicant to comply with the current design standards for
multifamily development in the Code even though these provisions were not in
effect at the time the zoning was approved for the site. The applicant's
elevations have been reviewed against the current Code requirements and are
consistent with these standards as long as adjacent buildings have different
elevations.
PO No. 132 requires the following transportation improvements prior to issuance
of building permits for any development in Tract C:
a. Widen and improve Shady Shores Road to provide a separate left turn
lane at main entrance to Tract C and Old US 77 providing a 36-foot wide,
6-inch thick rural section road with transitions.
b. Widen and improve Old US 77 for approximately 500 feet in each direction
from Lakeview Boulevard 36 feet wide, 6-inch asphalt or concrete to
provide left-turn lanes with transitions.
c. Right turn lane (eastbound) on Lakeview Boulevard at Old US 77.
The applicant has submitted construction plans for these improvements. They
are attached as Exhibit 10. City staff is working with the City of Corinth to
coordinate the construction of these improvements. A Traffic Impact Analysis
was also reviewed by the City's consulting engineering firm, the findings of which
were accepted by the City pending the following comments being addressed:
a. Page 2, Section 2.1 refers to a planned development agreement with the
City of Denton to provide a left turn lane at the main entrance to Tract C.
The Figures in the TIA do not identify where Tract C is located. Show the
location of Tract C.
b. If the intersection of Lakeview Boulevard at Old Hwy. 77 warrants a traffic
signal based on the 2008 background traffic with site generated traffic, the
developer needs to escrow dollars for a portion of the future traffic signal.
c. Based on the traffic distribution a westbound right-turn only lane from Old
Hwy 77 onto Lakeview Blvd would provide a significant improvement to
the AM peak traffic operations.
These comments must also be addressed prior to the issuance of a building
permit on the property.
ANAL YSIS:
Comprehensive Plan Analysis
Regional Mixed Use Centers are intended to contain the shopping, services,
recreation, employment, and institutional facilities supported by and serving an
entire region. A regional activity center could include a regional shopping mall, a
number of major employers, restaurant and entertainment facilities, a large high
school or community college, and high-density housing. A regional activity center
is considerably larger and more diverse in its land uses than any other activity
center. It includes vertically integrated uses where different uses may occur on
each floor of the building height & mass.
The requested development is consistent with the Regional Mixed Use Centers
land use designation in the Denton Plan.
Development Code/Zoning Analysis
Per Section 35-181 of Chapter 35 of the Code of Ordinances, all planned
development districts shall be developed, used, and maintained in compliance
with the approved Concept Plan for the district. The proposed Detailed Plan as
submitted is compatible with the approved Concept Plan.
DEPARTMENTANDAGENCYREWEW:
The following are comments made by the Development Review Committee
regarding the proposed Detailed Plan; the applicant has either addressed these
comments or they will be addressed prior to issuance of a building permit:
· The submitted plans show buildings encroaching on easements and utility
lines. No buildings or grading will be allowed to encroach on any utility
easements. (BUILDINGS MOVED)
· To provide electric service to the apartments DME will have to access the
electric line along the Rails to Trails twice. The access points will be a
minimum 24 feet wide and clear of obstruction. Specific locations to be
decided when digital plans are provide for design of electric utilities.
· This comment is to ensure the applicant is aware that the exception
granted for a single fire apparatus access road provided in multi-family
occupancies under 200 units requires all buildings, including non-
residential to be equipped throughout with an automatic fire sprinkler
system. Non-residential buildings will be required to conform to NFPA 13
for sprinkler system design, not NFPA 13R (residential systems).
· The plan shows that water is to be taken off of the 16-inch water line on
Shady Shores Drive. This is not allowed. This water line is not part of the
City of Denton water system. (SATISFIED)
· The sewer system connection shown at the northern boundary needs to
be verified since the City of Denton sewer system maps do not reflect a
connection in this area. (RESOLVED FOR THIS SUBMITTAL - FURTHER
DISCUSSIONS MADE NEED TO TAKE PLACE AS PART OF BUILDING
PERMIT PROCESS)
· Label the alignment of the Rails to Trails facility. The intersection of Shady
Shores and Old 77 may need to be altered since the proposed alignment
may have serious impacts on the future rail line in area. (FURTHER
REVIEW WILL BE PROVIDED ON RECEIPT OF CONSTRUCTION
PLANS.)
· The road segment west of Lakeview should be extended to 1-35E.
(APPLICANT STATES THAT THIS EXTENSION IS NOT REQUIRED BY
THE ZONING ORDINANCE.)
· Required sidewalks along Shady Shores were not shown. (DONE -
ADDED ON LANDSCAPE PLANS.)
· The overall plan shows future access to Phase 2; however, the landscape
plan shows this area to have new landscaping and plantings. Make
appropriate provisions for future access. (PLANS CHANGED TO
REFLECT THAT THE ADJACENT PROPERTY IS NOT PHASE 2, BUT IS
A SEPARATE PROJECT. CONNECTIVITY BETWEEN PROPERTIES
MAY BE A FIRE ACCESS ISSUE.)
FINDINGS:
The requested Detailed Plan is consistent with the requirements of Planned
Development District No. 132, the requirements of a Detailed Plan in the Denton
Development Code and the land use designation in the Denton Plan.
RECOMMENDA TION:
Based on the findings listed above, the Planning and Zoning Commission
recommends approval of the Detailed Plan (6-1).
EXHIBIT 2
Location Map
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Zoning Map
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Future Land Use Map
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EXHIBIT 5
Detailed Plan
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EXHIBIT 7
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EXHIBIT 8
Tree Mitigation Plan
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EXHIBIT 9
Tree Mitigation Letter
January 05t 2007
Mr. Chuck Russell, Planner III
City of Denton
City Hall West
221 N~ Elm
Denton. TX 76201
- RE~.~ ~The'Preserve~t..Pecan Creek.-Apartments~ndscapelTre.e..Mitigation_ _ __...-.. .
calculations
Project Number Z06-0027
Mr. Russell,
This letter is to Bente as a guide for the landscape portion of your Plan Commission
packet.
Total acreage of the site:
Total number of existing trees:
Total number of caliper Inches of existing trees:
Total number of trees to be removed=
Total number of tre9S to be preserved:
Total number of caliper inches required to mitigate
per tree preservation/mitigation regulations:
Total number of caliper inches to be voluntary mitigated:
Total number of proposed trees:
Proposed overstory trees:
Proposed omamental trees:
Required tree canopy percentage:
Required landscape percentage:
Provided tree canopy percentage":
Provided landscape percentage:
4.1)%
40%
63%
41 ~50.4
.percentage Indudes area of existing trees to be preserved.
10.3 acres
318 trees
31323.5 cal. Inches
194 trees
124 trees
2t182 cat inches
422 cal.. inches
153 trees
116 trees
37 trees
Lind Desl9" Partners-DFW,. fnc:. 0 .;, 0 0
5310 Harvest Hill Road, Sufi. 100 rj IJ 0 0
Dill I a s. I T e x a s 7 5 2 3 0 4J l) ..) 0
Ph 972..38d~0630 972.386.0640 FM' 00 0 ~J
LA N DS CAPE AI CHIT ECT S ... ..:.t(IllI~I"~"
Please note that this project is located within PO 132 and are exempt from the tree
mitigation requirement. And please call me if you require additfonallnfonnatlon~
Quan H-Vu_-- - --,-
Project Manager
Copy to:
James Grose - Oakwood Development & Consulting
Dallas COthrum - Masterplan
Jeff Massey - BGO ArchItects
Nons Muncie - City of Denton
E X H I B I T 1 0
T r a n s p o r t a t i o n I m p r o v e m e n t s
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EXHIBIT 11
Site Photographs
Subject Site Looking North from Shady Shores Road
Subject Site Looking North from Shady Shores Road
Looking East on Shady Shores Road Standing on the Subject Site
Looking South Towards Subject Site from Across the Creek
Looking East at Intersection of Shady Shores Road and Old Hwy 77
Looking West at Intersection of Shady Shores Road and Old Hwy 77 from the Rails to Trails
EXHIBIT 12
January 10,2007 Planning and Zoning Commission Minutes
Page 69 Page 71
I a::NMISSIONEIl nRANOB: ooe otJa itao t1urt 1 at 1bot limo.
:2 came lIP duritta ourlitdo short 1CCCSS Mlto do with 1bc 2 The: CGnce:pt plan i I bill any a bu1Iblc dID1
3 1Mt itmn 011 (I]!' Apada. ADd:tOr those of )'OU 'Who aro 3 sp1hs lip Ihc 8n:D aod dJc 'bac1!l 8Dd BIIYI wllat the
4 II:m a:l1U1)' ikm JdIdal tJ the c:00D0CIi0n of UA 380 tJ 4 cIeYe1q1maK tIII1duds ore 'WithiD cbDsc 1roch. ID
, WC8CW8fd SIreeI, 8(IIIIICIOrC ~ bward aDd ~ me dJcir S addidon 10 1b.t a dcfailcd pIIm tas bcca. approved by
6 public noIicG ..:bad m do with a Ccmpm1Icnsive Plan 6 Cky CouncD for the majcdl)' of the ~ 1ll.M1opmcDt.
7 a.nse aad some Otb:r infonnatioll. tbo only 1hiDB wo'e 7 Most of it II eiagIe family.. This portiont howe\lert waa
8 aoms 10 discuu tonight a1Jout that . 'lIE mobility pIIII1. 8 SliD ill the concepGI11 phuc for tbc list Dine <<to
9 W~R: DOt IaWaa IItout . zoniD& clImac cw ~~ 9 years. aud. IS per 'the nquirancnts of phmllcd ~
10 PJaq chanse and J apolctJillt b those of ym."'-o may IIa\'C 10 districtI, by do ~ 10 ComB in wItb a ddaiBl plan.
II Q)ft1C for 1hosc odIcr bans. The only _ wr;tftl: 1atiw II You '18'"1 ~ out of. ~ plaua Yw ~ to fiJG
12 about taIlIght is 1hD Mobility Plao c.'Iuut&e. So if)'aU. WIll 12 a derail pJan~ which. balically, is a eiIe pIm. II. doeI
l' b:Ri For Ihat, 18po1ogjme.. nut you will line ~ 1! have ID be IppIUVcd by tbD Cky Cooncil war., __ elD ID
14 cppotQIftfly 10 CO!ne back ... IaIet dIte Cor ease items. 14 dJrougb IIId dcvalap Ills pmpaty. Sa it'". mi&leadinJ to
IS Okay~ We wiD .maw: rorward now to tIz; Dat iIcm CI1 our 15 cd this . change in ZODirw. Tb: rani.. is mill)' in
16 ~ wI1k:b is ncrn No. .s& whicb is . dda1.1cd plan. for 15 p~ An y(M1J'C OOD9idd1& u.... illhe ddail p1111
17 . portion of Ihe TrBet c.. of Plu.ae4 ~ District l' and DlDking I1IIe the ddai1 plMl is iD cCDpJiancc widilbc
18 No. 132.t Ibc ~ lit Pecan Creek 18 zmdn& nPations t1I8t hwc bean CflabUshad fm dJo
19 TIIB subject property CODIaIns. ~ 19 planocd dcvcIopm=I distriCL
20 IOJ acres and Is IocIlId It 1bD DCI1bcuI ccm.T of Sbady 20 TJJ, BRt slida smws JtQ. tJQ I is th;
21 ShoreI Roed ad tho Rails 10 TraJlI rIgbt-af-wey WOIt of 21 CCIICtIII p1aD 1IIat as eppmwd m Nowm.ber (11998.. n.
22 SwisIxr R.c8d.. Mr4 RussdL 22 mbjcd. tract iI Tmcl C located bcIc near Sh8dy Shores.
23 wa. ausse:LL; Mr~ Cbai't mr.mbers or tho 23 SM__ and 1-:\58 II down IIere. TIle ~ ..bmdarcIs
24 ~ what r d like to cia is 1dad of star( wkb 'II:Ie 24 dJat ~ IppIQ'lai wid1 this alIIcqlt plan. iI docs allow a
2S bV pictuK; and nanow my focus a little bit. 25 toIaI mu:bnmn of 400 aparan:m- urdts OIl T1IIC1 C at Q
Page 10 Page 72
1 Tb;: first IIidc= Ibowt dae wbjcct ptOpCdy I lrUlXimum density or 20 units per ICrD. A8cl it does permit
2 tDJ at in d1! emam of dIa bP 8mB. ,... n is 2 a maximum. .l:qhl of 1!IR:c stories.
3 hated OD fbc nm1h sid:i of SJ.Jy SMa Road. Il j!J 3 You CIIltt rceIJy rcod it. but It ia spelled
4 .i\lU \\leII of b City of SIIady Shoaa aDd jusl aortb of 4 oat omh IIJ'PICM'd conecpt plan down hem. The: IiIB il
, 1b:: CiIJ of CornlI. The pmpclty is B part of B Iarp 5 undeveloped. 'The totBl silc: sizet the mal wilbin 11m
" P1Brmed DcveJopmeDl Dicttict callBd Ihc PIaerve at lW:aD 6 bIlE line is .boul 26i 1CreI. 1bc portial of 1bc dEsdxl
7 Ot.ck. , plaD you'm conaidcr.iDllaD:8:bt .. IbaullO.3 Kia inaidc
B As IDOII or)'OU lie (tt'OhabIy aware. t:6. Iun B this ~ Uno. "l'beytlC mqucstlrw to ~Iop 192
9' 3M . ht I think Bf1PIOXim8Ic1y 16 pIenncd d=vdopmcnt 9' units, Rcmc:mk tbcy'M tIatidocI up to 400 anbt And
10 districts Ibat am sdllllCdve 10day hi DctuDn. In 10 Ihdr plaD is to a:mc in at a IaIcr date wid1 aaodIcr
II Fduuary of 2002 wlD1 tho CIInIIIt Code WDI ~ most 11 det8iIed pIII1l fur 11>> MnaJodmr. and ro develop enocbec
12 of 1110 ~. plan_ deYeJoplllCllt districts wen:: pIased 12 192 units at a laIa'daIe.
13 out and cbaJp:I ow:r b straPt zcaing. nus is OQC of J3- So Imisht yootm jat conaideriDa 1110
14 tIIose p1Iucd cfovo1opmcm dis1ricts ....ts still active 14 first, basically, phase oIlhe c109elopmeIlt. SunmwIh1a
IS tDday. 15 propatJt )Ul. bow II .. DItIJrO ~ Part of ~
l6 ThD RqUelI thars before:,oalolliald it: b 16 praerve bete 1i1cmg dIo creek. bed. nmni B aIID a cmlk
17 coma m with a detailed. plaa lor basiclllly wIud amounts " 17 that nms a10ag the C8Itcm. side of tile propa1)' ..r.
18 IB1f of 1M ~ the mbjec1. ncllbat is zoned for 18 baIi. You bavc an czistma pIaIcd piece OYer III:R tbat
19 muhi-t8DU1y. 11m - bm is. c:oucepIpIa. eppJtMd f(l" IS' is .Iso pII't of 1ho pteSerYe planDccl cb~ dis1rict
20 this tract in Novcn:abcr or 1998 dMrt did cnm.m 1118 ZOtdnI 2.0 on .. ~t DIe or Swisber~ alsbt DOW wilen I druvc= oat
21 b' ma1li-f.mly on 1IIiI prqaty. ADd rn ~ iRIa some 21 to tho &ice, tIac ... ODO IIoue 1het was deNelopcd on
22 mare deblilllBl81D . mmtlle. Bot plfuwd de\'eIqulBIl 22 this lot lit dz Coma't
23 d:istricta, apin.. dais is one of 1bc DDCI Oarsltill 23 Tho aay of Corinth iD 1IIB ~ ~. a
24 acdva II: did - orisJD8IIy was a concep1 pIeD. W88 24 fin: 5talioe. appIOXimoteIy righl hac. IDDC undcvdapcd
2S cn:atcd lIS per lie main&: qulBtiom that wm: in ctTecI 25 1BDd. ADd 1hco the: City of m.dy Sheds to 1be WI
PLANNING a ZONING RBOULAR SESSION, JANUARY I' 2007
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1 acres. SwWc is ~ Iel runl. :in cbaraC1ett 1 basically, of the 21821teyre mtiq out. So, basically
2 dcvdoped as sinsle family bome8. And then the exJstiag 2 1teytm not meetiog cunmt Code if it wae to apply.
3 prescn'e dcYchpmm~ lip,lc famiJy :t.abvicw Bt1Ultvard - 3 Its sort cf a malta'" of how you look It j~ I gne&3.
4 actually 1his - the main Lakcview piece now is nutnina 4 Y Du're - ~~:rc scttins SOOIIdhins ... but if it was to come
S JD1h and SOIl1b with the existing LakcviC'w lairioo. here S iD today under sbaigbl ZODio& there would be more
fi with single-faau1y development to 1he norIb of the lite 6 mitigation Rquirai.
7 and ICmlltm cmek. 7 Something cIae - I poin1al1bis lilt 10 1be
8 .Again, existing ZODina ia planned 8 applicaot CII1tier lonigbt. . couple -] did ICt same
9 dcvcIopDEDt districl. You abo ha'VC .nal ecntt - 9 ,BlJS and IOmC COIla:mS fmm some of tho people: bl Uved
10 regional zoning to the - regkma.I c;:cotr.r tes.idmtial 10 to 1ID ClI! of the subject property. ABel. apiDt I want
11 zooIns: to the west acmsa 1hc Rails to Tnils which fa 11 to mab sure cwrybody knows that tooiabt vwlre 18l1dna
12 located hem. Futnm land use _ b Dcnron Plan does 12 about the walem 10.3 acres that borden IIIong the Rails
13 call for regional mixed use ccnx uses in this... Mid 13 to Trails path.
14 10 high. density raideDtial is an approp.ria1e mD: witbiD 14 The future p~ I ~ ~'s a
IS Ibis IIIld DIe catc@OIY. 1,- conccm about how 1hat dcvcloplllCDl.S going to impact upon
16 Surrounding to Ole DOl1b ctist50g single 16 the aistins .Ilood plain. Number one.. you caD't - you
17 family areas are aU desiJpmlal u neipborbood center. 17 can II build iD Ibe flood plElin. But II\: second part of
18 First view of the dclail plau js before you tooiabt IOI't 18 1IIIt:is Ibis I, a part of an approved plan that was
)9 of sbowing- the layout of the dcveIopllWOl The Dring to 19 auacbcd to tbat 1998 Council action 1bat does designarc
20 DOt: on Ibis slide is 1be: exiJtiDg flood plain IocataI 20 Ibis Stel. whac 1bc fbod plain is as pn:sen-e which g
21 ~ lCXl-year flood plllin 1xx-dcn the property OIl_ 21 basica11y 10 'be ICKI'Yed as open ..pace..
22 mm as. well as Iho north. Tb."1:t.as you close in a IiUlc 22 So when they .- probably "When they come in
23 bit OD 1he dctaJ.1 pLiI4 tI&ft:~ s a to1oI of eisbI 23 wi1h that IJevcIopmcIJI Plan Jaw for tb=: fub1rc ~
24 buiklinss. Coverrd parkjJJg spaces, leasing olf'lCC down 24 dJey arD soma 10 have 10 Slay ouBic:Ie af that zone. so
2S bcre~ ~ again, a b1al oll92 noits. 2S you. are goJng to have III buffet in ,lace betwa:rL the
Page 74 Page 76
1 AJ far 8SlaDdscapillg and tree miligalioa 1 multi-family dcvcJopmcnt and tbcsc existing siqIc family
2 gocs~ I Ihink in your backup I made refem100 to *=' fa 2 Jots to tl.c OEIBt Eros! the cnzk. Same tbiDg aoca for
3 1haI a11bo lime the 2IXring was es1ablisbed for this 3 that whole area along the north. the Prc&crve is
.4 development ill 1998. 1bm!: were el9Cfttially no Ires 4 dnelop.ins a hike IIrld bib trill ill 1hcR. That is a
.5 plQl;l'Vation ltXluircm:mst Also, 1be amhitcebJraJ. S ICSCI'VCd open space ara. chat can tt be buill in.
6 guidcliDes 1ha1an, now establishtd for mnJti.f'amDy 6- Elevationsl just some sample GIcv.licmlt
7 d:vcIcpmmtt didn tl edst back Ihcn~ 7 ap.in, tIx:m are DO - Ihme VRrO no RTCbiIeCtaral
8 As ] itataI in my wrlb-u~ It Ihc 8 S1andards in place wbco the :rDDing us approval ThIt
9 beginning of em Dcvdopmcat Code that was C81IIblished in 9 aid, they have brought forwanl eleYadons for staff to
10 2002. Ibeec planned development dis1ricts were batka1ly 10 n:view. And for Ibe most pet11hcy do ma:t the clttlall
11 canicd. CW!t as Ipecial ~ns" So. eascznially. 11 standards. ruxt I tan 10 through in detail whar dIc7 meet
12 there are no Rql1ircmm1s in place today that wiD grant a 12 but baskaUy 1hey'n: about 9S pert:crlt of Ihc way tbcre
13 Hpel:W exception when. it comes to landSCBpiDg aDd 1Ia:r 13 toward mactiDg lbc C1UI'Q1t 8IdJiCcctuIal CUidclincs aDd
14 mitigation and arebi1tctl1ral S18Ddards for mulIi-tanrlly 14 starulards that arc in place today. Another major islUe is
IS dcwelopmcm~ 15 ttaf'fic impact I know rvc.soncn some caUs and c-mai 18
]6 With 11m said. the applicant has brausht 16 and some CIXICCIllS from people about how 11m Imf'rIC from
17 fDl'W3J'd . detailed 1rcc mitiptioa plan and Iandsuping 17 this proposed dovcIopmeot will impact tbc aUrlOUDding
L8 plan which is here shown. before you now. llEm'li a tola1 18 sba:t system.
19 of -Ibis is a.ccordins to the applicant, there's a toa1 19 nc Pl4DDCd DcYcIopmcnt Disll"icl back in
ZO of 318 1RCS on jus1.1bis -1fris, portion of that 0Yetall 20 199~ they did have 10 .....Ihcy did submit a compJecc
!1 26 GCI'CL We were jun talkins abwt 111= 10.3 acn: p~ 21 Imf'fic impEl anllysis, the nB11IIs of which - there
t2 318 t=s on si1e'-. 194 or Ihose arc to be ~ 22 ~ ~ specific off-soo road improvemcats that wac
t3 T1Bt's a total <<2.182 calia incheI. 124 are to stay. 23 to he made prior 1D tho isslIBDCC of a building permit for
~4 And dJcy'n:: going 10 plant a to18l of 1'3 new tmcs. 24 this project. Those arc tb:: first 1bree listed. tbn
~S They're plonning on mitigating 422 inda, 2.5 B8Sically~ )'Oll'n: lookicg at - dEy have III provide
~LANNlNG & ZONING REGULAR. SESSION. JANUARY 10, 2007 Page 73 - Page 76
Page 77 Page 79
I kift-lUm Ia&n at Ib8 intersection of Shady SIIorcs and I Shady Sbcm; 81 \YCO 8S pn1JXI1y ~ in CorintIL Thn
2 Old 77. 1ky bavc: to widen BDd improw: -1bcy reter to 2 W8' a neigbborhood. DJl:djog1hal d10 spplicaDt set up at
3 it as old. U.8.. 77 but it's also callod Shady Shores. They 3 Pecllll Cla:k Ekmcntary B1Jd I bcdicvc - ]"U have 10 ld
4 have 10 improve it fix' 500 feet aD dtber liOo of wbn: it 4 him addrtu ~ but I do believe he lent out invitations
S inIena:ts willi Lakmew Boulevml They have to pmvids S 10 tbat macting to the: same pmplc: dmt ~ ICDt un our
5 a righMum lane en - from northbound Lakeview' riIk m 6 notices 10.
7 10 eastbound Shady Shores. or old U..S. 77. 7 There was - it was a ld8tivcly small
8 In addilioa to thu, 'We dkt requim them Co 8 turnout. There was probably about tea people 1b2e and I
9 provide a new traffic impact ElD81ysiJ, a cumnt one. ht 9 think some of them lie heN tonisht and Irn let than
10 addition to lbesc off"l1)D impcovemcnts daat tbeyt" 10 address you in . IIlOIJLCDt
II Itq1drcd to D18kt\ our traffic CDgiacec that did ihc J1 QWckly IORIB piclura of the subject
12 analysis on dUg also staled Ihat they need 10 esClUW 12 property, I1rls upper left caner is die mbjcct site ftom
13 doUars (or 8 portion of 8 traffIC signal if it's 13 Shady Shams. Also, over hrn it the subject propa1y~
14 wammtal at Lakcvicw and old 71. 14 again. undeveIopcd with tome trees.. The bottom left
13 Al&o. 1bcy n:amunrJtded a 'WeSthouftd fiWd IS al~ this is slBndhrg 011 the subjcc.t property looking
16 turn ODIy lsuc be prmidcd frcm Old Highway 77 on to 16 IOWaI'ds Ihc cast dowo Shady Shmes. Bouom ript comer,
17 Lakcvicw Boulevard. And I think tbatls the one item dmt 17 tbb is back in that cu1~ to tho nOJ1be.ast lookme
18 ItH ]a; Ibc applic.ant speak to it. I think that.. the 18 beck in at the IUbj-=c1 property. So basically I've sot
19 ODe item. that tb::y probably have an issue: with IIIld r n 19 one house thatt 8 built. back to my Id\ and J.m looking
20 .. them. Bddrcts that. BuI egaio, that., DOt a part of 20 .eross empty lobJ, pJaucd Iotl, pass 1hD ~ 10 wbcrc
21 Ihc PD. That's a. part of dacir most n:cent traffIC 21 the subject property is.
22 impact analysis. 22 This is that ink:neC:tion I WBI talk:iDg
23 Ihc8c arc Ill:: constructioD plans tblt were 23 &bout at Shady SItara and Old 77.. TbU bottom rigbl slide
24 submittQd far those ofhile improvements. Apio.II:R1s 24 really - miRy ahDws wh:rc Itm lading or going to be
25 the intcnection of Lakc\.iew. Shady Shores. 1bc subjec.t 25 lading on wcstbouod. Shady ShorcI and Old 71 T.s In from
Page 78 Page 80
1 property is ofT to the right The improvements that have 1 my Idt You can kind or Bee haw it..s buicaUy just .
2 to be made on both aides of L8kcview as well lIS the 2 Ihrouah stnzt right now.
3 riBht-.tum lane from nortbbcund Lakeview onto eastbmmd 3 That CODe ludes: my prcscaratiou. Slafra
It Shady Shores. 4 analyais of die nqocst is that it does DXd 111: standIud.
5 The other thing I wanted 10 point out, is s that were a1ablislal .in PJaoncd DevelopmtJI\t District No.
li that th= is one point of ac::css from this proposed. fi 132 and it does meet 1bc standards that were esfablisb:d
7 proposal tonight to Shady ShoreL The curn:nt alignmc:nt 7 by die cooccpt plan and staff docs I'CCOIIUDmd a,proval
8 - lhey do show Shady Shores Tting ioto old 77. In. 8 ~1!1l STRANOE: Any qucstious of Mr.
9 rea1ityt what - the way Ihat fLmctions today and I've got 9 Russell? Mr1> Watkins.
10 pictures of it. It" s almost like a through street wbtnt 10 COMMlS5ION!R WA1lC!Na TbaDk )Vll, Mr.
11 Shady Shores really comes through and itls really old 77 11 (,'haimun Is it werking DlJW?
12 chat kind of T's into Shady Shores.. So it's kind of the 12 COMMISSIONER S'JB.A)f(m YeS.
13 reverse of what they1re showing- 1:1 cot.QtISSIOh"8R W ATKLNS: All r.igbc.
14 So prior - again; this is all prior to 14 Quc81ion -
I' tbcm being able to get a building permit. Theytre going IS COMMlSSIONERSTRANGE: ~ n~ itf,
16 10 have to work out this intmection. design to our 16 getting a lot of 918U.c~ WIly don~t ymJ bOJrow next dotx
17 satisfacticm with the right-tumlanes. We also have to 17 epio~
18 work with the Qty of Corinth, because technicaJly. that 18 COMMISSIONER W A 1KINS: I _ die roads and
19 intersection is not even in the aty of DentOlt That.s in J9 whatnot aDd. samcwhat fium1iar with them ova- a period of
20 the City of Corinth, so we'll be WOIting with their 20 yarn.. The people Crom this an;a or this 192 0Di1l to SO
21 enginom as welL 21 saulb, they bne 10 etOII by ~ Auto dealership OWl" the
22 NotirJCBtian map, a total of S6 notices 22 irrII:nla1c 10 go soutb?
23 were sent ~ 12 to property owners within 200 feet and 23 NR.. RUSSI!LL~ ~.I B ... let me: see if I
24 44 to those 'Within 500.. Apin, IS a courtesy we did send 24 can SO bac1; rn show' yau wI1at I did 10 g;t back 10 t1x:
25 notices outSide the city limits of Denton to residents in 25 fiwNay. You'w: got a couple options. Probably tho most
~.I
PLANNING" ZONING REGULAR SESSION. JANUARY IO~ 2007
Page 77 - Page 80
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1 direct route would be to ga wes1 on Shady Shores.. take a. 1 bit short but we'~ ~ceeding what we're required un der
2 left at Lakeview and cut down that direction. I think 2 the current ordinance that was passed by OJuncil some
3 something ~ another thing that got brought up by -- m~ybc 3 years. ago~
4 some people are here to speak about it tonight is the fact 4 Sol guess it is -- ie s sort of th~ glass
5 that -- I think we're all aware that the bri dge at Post 5 is half empty or half full. It dep end s on your
6 Oak and Lakcv iew tba t c: rosses right now kind of is 6 perspective. I have a different one than maybe some of
1 ba sicall y .a nightmare as far as traffic backing up an it 7 the neigh b or~ do on these things. With ilia t beill g salcL
8 CO~SS[O~R W A'IXlNS: That was my point~ 8 we rea Uy do believe thi 5 Vr'ill be a high -q uali ty
9 MR. RUSSELL: That t s a part of Txoors 9 development. TIleY own an d (]perate properties over a long
10 p Inns -- 10 term. So we're not .here to~ you know~ get the 192 urn ts
11 COMMISSIONER W ATKfNS: Yes. J 1 b nilt and then flip it to SOIneonc else. I think tha1 is
12 MR. RUSSRLL: -. wh~n they widen 1-35~ But 12 - that'!; one of the reaso os why we are build ing under the
13 in tJx: short~tenn that's a current -- current problem that 13 current Building Code. Vv'e want to have as much
14 exists today. There are other ways cf getting southbound 14 Ie ndscaping and op en spaces as we can. Wet re providing
]5 on 35& Yon can't head east on Shady Shores. I beli~c ]5 amenity areas for the people that live there and multi-
16 you take a right on Corinth to that interchange. I did 16 f ami} y is res i dcntiaL
17 talro old 77 down to tbe service road. And it's so full of 17 And I know itrg c.ontroversial. I
18 p otho les l it's not a vay good -- 18 understand that. But in this instance, they want to do
19 COMMISS[O~ER WATKINS: Yeah~ I got caught 19 something of the hig~ l qual ity and the same th ing~ that
2() on it the other day. too, 20 arc maybe challenging for the ... for the neighborhood
21 1\ffi. RL~SElL.: SO those are ba.si~ally your 21 currently will also be cballengi11 g for our residents. I
22 wa ys of getting access to .15_ 22 mcar4 wet ~ you know ~ very mindfu I of and we \\'ere very
23 COM1\.iISSIOSER W ATKf1".."s; okay. And the 23 interested in th~ rc&ults of the TJA for our own plnnning
24 dev~loper ] s aware of ilia t7 24 and marketing purpose s. I mean we would love for ilia t
25 MR. RUSSELL: Yes ~ 25 bridge to be unproved currently.
Page 82 Page 84
I illMMISSIONER WATK[NS~ okay. Thank you. 1 If you look at the TIA. and look at the
2 COMMISSIONER Sl RPu.'lGE:: Any ather ques Hons: 2 levels of scrv:i ~c on the street, the -- the a dditiOD of
3 of staff? Okay. With that we will open the pu bUc 3 the multi-family doesn f t make that worse. It' g sti II an
4 heElIing. Andt again~ I will remind you if you do wish 10 4 F. It' ~ already en F. It's gOl ng to continue tel be an F ~
5 5 peak on this i tern, you will netx:l to fill out a yellow 5 And it would be an F even if we djdn' t buildt if we
6 card. Is the a pp licanl here and do they wish to speak? 6 decidClt you know.. there wa sap robll:ln and VIe didn tt build
7 Come forward and pleas~ gi ve u ~ your name and ad dress, 7 now~ the level of sCTVlce wou!d continue (0 be bad.
8 MR. COTHUlJM; Thank yo~ Mr. Chairman~ 8 So it's a problcll that we shMe and I've
9 members of tOO Commission. Dallas Cot~ 900 Jackson 9 encoUIagoo the neighbors that, you know, the pro~es~ for
10 Street reprosenti ng the applicant Preserve at Pecan Creek. 10 TXOOT is~ you know~ :it's their - you know, contact your
11 We did have a lleighb orbood mcctjng. We apprec iate ~taff' s 11 State Represcn tati ves and thos c; s arts of things to move
12 help en this. And I think I'll reserve mos t of my thne 12 the projcc t alo og. I do k now mat they have an aljgnmcnt
13 for tre rebuttal ti me. I do want to S2Y that the ... roue h ]) They have, you knowl money. They have spent money on
]4 of the meeting revolved arawld the use. And 1he use is 14 desjgn and those sorts of things. So~ you know1 'they
]5 aln:ady allowed by the Planned Development District. Yau 15 o b ViOllS Iy .see it as some priority bccau se th...)' ~ ve funded
16 know, clear]y~ this is B IBrge real estate investment 16 at ICll st a part of the project So that will be
17 trust. They derive and tlrey t re required by Federal Law to 17 challenging fer us a~ well as we market the product.
18 derive much of their income frOln rents:. They r re in the 18 Y ou know~ there is a s econd pha5e~ We
19 multi..family business. You know, this is H marke1 19 obviously won't start the second phase until \IVC have this
20 product. Itfs going to be a higb -quali[y product. We 20 one lea~ up~ That ~ s just -- that's just commGn bus iness
21 ha ve tried to meet the -- as best we can the current 2] sense. I gucs ~ thE: other two tbi ngs I'] l mention that
22 a tandards with regard to the Building Code, you know, the 22 staff brought up with regard to Borne of the off-site
23 tree mitigation 3nd b uiIding articuJ ati on l blli Id ing 23 improvements. Y Oll know, "re fully in tend to make the tbroo
24 ma terials and those sorts of dljngf)~ and I think that -- I 24 off.site improvements lhat arc required by the Planned
25 agree with Chuck tha t on some things we're nlaybe a little 25 .IJe\.-elopment District and the traffic impflc1 analy-8is, you
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know discusses. that. The two other options, hO'we\'er~ one 1
of which, I think Chuc k -.. I just wa n t to clarify what I 2
think be was saying is that your s.taff is recommendillg~ 3
you knOWl that that sign allight or that ] ntersec n on may 4
need to be BignHlized. The traffic nnpact study doesn't 5
believe that itrs warranted at this point. And the 6
planned developl11ent diN tri,.t doesn tt I'O:l uire that we do 7
that So I think we arc maybe at odd ~ on tl18t. We do 8
intend and we~ rt; you know, \Veil a ware: of what our 9
requirements are with regard to the p lannro development 10
dig trict and we expect ro meet fuos e. And in some ways v;e 1 J
think wefre exc~g them wi1h regard to the mitJgation. 12
We are not building -. we are not fully building out the ] 3
site. Werre leaving a few units on the table. I thi nk 14
that's - and that I oS at the price of hav ing s orne 15
additional amerri ty areas and having a quality developlnen t 16
Sa I thi nk we have lOW to be ... to work j n good fajth 17
with staff and the neighborhood. We even provided what we 18
think the rental rates would be. We~ve met with the 19
sc hoo 1 dis trict and tried to work with them. 'With regard tG 20
the number of students that this -- that based on our 21
ex perlen ce and they own properties all acros s the c.ountry J 22
mHny in North Texas, so ure have some idea. in terms of how 23
many students that it would generate. So we1ve \vorkcd 24
with Mr~ Holloway and tie st:;hool district They were kind 25
Page 86
enough to discuss with us also the s ituati on with the 1
s.choo I and other reli~ schoQ ls being ~dded 011. So 'We 2
don I t feci an d I don' t think that the school di So triet 3
w{Juld disagree that this will cause, you know~ any lUldue 4
strain. By the time our project is lea sed and poople are 5
living ~ you know ~ the reJie\'er schools will be being 6
built. ~ was bond money passed in the previous bond 7
package for the DISD to take into account for that schClol. 8
So ItU save the remainder of my time to answer - answer 9
any que&tions you might have and lVC would appreciate you 1 ()
following sta ff' s rec omnlcnda ti on of a pprova]. 1 J
COJ\.fM:] SSIONTIR S'fR...\... ~GE: rhnnk you. 12
We do have several cards on this item and I III call YOllI 13
name and ask you to come forward. Give us your name and 14
address when you come forwarcL, p tease. David Gifford I 15
~. GIffORD: David Gifford., 1202 Woodbint; 16
F'lower M01Ul~ but I own property on Swisher RoodT There 17
are hvo pro b lrnls ilia t r ve got is he IS talkj ng about J 92 18
units neWT 192 units later, that bridge aintt gomg take 19
it and bow many yeaTS are they going to take 10 build 20
that And my property value just \Vellt down. Once they 21
bring in thn t 192 tmitst you're going to bring in the 22
riff -raft. That's all It ve got to gay_Thank you. 23
CO~\1ISSIONER STRANGE: colleen Koval. 24
MS. KDV AL: My name is Col1a;n Koval. I 25
Page 87
Ii ve at 6316 HawthorneT 11m one (Jf the 44 residenls
that' s within 500 f~t that received a notice. I aid
e-mail Dallas. I vrosn" t 0 bIe to attend the mceli ngt but I
did e-mail him. He let me know tba t the zoo j ng was
actually zoned multi-fmnHy use back in the 80s~ This is.
[lot a new Z011 ing roc onmlend ation. This wa 5 actually II
older zoning reconunen datiOll that \Vag never changed. We've
talked about the fact that Dallas mentionoo that v.re1re
meeting a 7 year old ordinance for the property. If i1
did meet the zoning in 1998 or il did remain multi -famHy
use, which itls obvious that it did. tha1 vlms nine years
ago. I invite 3 ny of you to come to my hOllse between the
hours of 4 ;30 and 6:30 and share with me how much time it
takes fOf you tn get across tha.t bridge and down intc my
neighborhood.
I average about 10 to 12 minutes on a daily
basis, just waiting to get on that bridge and waiting to
C orne over ~ In addition, r d like you to look at the
Legacy that's building hollleS in the Villages of Carmelle.
Those homes stm1 at $110,000400. They f re building qu itc
a few hOlTIeS, single fami ly homes~ mi xed use~ rem iL that
whole area is going to be inundated back there as well as
other builders bui lding at tIx: end of Lakevicw Boukvard.
So we're talking about a marginal impact 0 [l dle Kchool
with just a fev: kids~ but werre not c[)nsidering what's
Page 88
there right now ~
I would persona lly like to ask City Coun d]
to reeongida zoni ng thi:i area to reOec t what's there
today in 2007) not wha t we talked about in 1998 vr not
what we talked about seven ya.rs. ago or even in the 1980 s.
That single family borne that I ovro is. my iIlvestment. It
is my single largest inve&bnent It is: my onI y
invcstntent. Stock market investments: for me haven~t done
very well in the past ten years. SG I I d ask City Counc it
tD consider rezoning and protect my in vestment a!S well as
the homeowner's investment that live in that area at tllis
tjl1U~. Thank you.
COMlYIISSIONER S"IRA..NGE: lhank you. Next is
Marc ia Beer.
MS. BEER: My name is Marcia Beer. I live
at 6406 Ha wthonlC~ And I wi II ctho .some of tho se same
commen ts . It is n tt just 190 units we're talking about.
lllefC are su ppo!KXJ [y another thllX to 500 ~ ing]~ rmnily
residences being built. It is not unusual to even wait
longer than !be 10 to 12 minutes. Sa I respectfully
di sagree that 190 WQuW not further impact the prol> lenl.
Itr s terrible DOW. It t s going to be worse trying to get
back and forth acros s that bridge.
The second thing is the soun d issue. For
whatever rea~on~ be it the PreservC'~ be it thet you know1
PLANNING & ZONING REGULAR SESSION:. JANUARY] 0, 2007
Page 85 - Page 88
Page 89 Page 91
1 logi stics~ ] clem t t know. But we can hear a lot of traffic 1 Other 1han the lighting and tbc sound
2 from 1-35 -- we even hear the page SysteIll frorn an 2 issues that have already bOOl1 brought up -- I also have
3 automobile dealer doV1t1 theTe~ So I am concerned that v.re 3 concerns a bcut the flood plain an<l of c ourse~ the high
4 are adding these units and multi-story Wlits and welre 4 density. And as I look at those ap artrncn 18 that were
5 going to get a lot of sound problems frOln there because 5 sho\Vn here, and I see other establishments illld buildings
6 there will be no type of sound barrier. I was not able to 6 that were tclcren~oo tcmigllt, I heard that ))e(lpk were
7 attend the meeting so I have not heard any of the 7 going above and beyond the call. I don f t hear a hove and
8 infonnation on the rental rates. There are aparhnents and :3 beyon d the call here. I hear we rre meeting mast
9 there are apartJ.nents. I dontt know what high-end means. 9 everything and sometimes VJl:lre doing a little more, but a
10 And I don It know what the renta( rates are. But as 10 litdc m.ore is not the investment I mad~_ And I just
11 Co Heen jus! sai<L most of this~ thi s is a big investment 11 wou ld fisk you tD maybe rezone this9 suspend that judgmenl
12 to us. Everybody there is a single family. Wc1re talking 12 tonight1 if you can't vote for tha~ but that you help us
13 about bringing in multi-family. That's fine if the 13 preserve what we really put our money into. And I
14 quality is there and it protects the investments that we 14 appreciate for listening. Thank you.
15 311 have. But there really has to be a long look at the ]5 COMMESSlOl\cR STR4..."'JGE: chris Cash.
16 traffic out there because it is absolutely atrocious and 16 M.R. CASJ J~ Thank you for hearing us an d
17 it's onl y going to get worse. Thanks. 17 listening to our comments. My name is Chris Cash. I live
18 COMMISSIO~~R STRANGE: Thank you. Linda 18 at J 68 Chap arm 1 Es fates. My wife and I have rocentJy
19 IIawklDS. 19 moved there. Back in Apri~ we owned approximareIy six
20 MS. HAWKINS; Thank you for your time. I 20 acres just to the south of the planned devcropment there.
21 appreciate you listening to us. I live at 100 Swisher 21 The problem that we have iB just like many of the other
22 Road. Pve lived there since 1994. And I find that ... I 22 neighbors, the traffjc lSs ue. That Post Oak Bridge, you
23 waSIl't able to attend the la~t meeting. I had to be out 23 knew ~ traffic tUne ill the morn ing, YOll' It; looking at, you
24 of town un fcrtuna ret y, but I do appreciate the time to 24 know, 15 Ininutes jUS1 to get front Shady Shores~ Lakeview
25 listen~ for you to listen today. And] echo what Colleen 25 interso:tion across Pos.t Oak to head south on 35. That's
Page 90 Pag~ 92
1 an d my other neighbors have said about the is s ucs we have~ 1 the: logic a1 route f Of an yo ne leaving the planned s ite~
2 r m on the corner of Swi shcr and Shady Shorts. I moved 2 that they would take.
3 here from PhiltOll to move to a rural area. I sti n get to 3 According to TXDOT there 1S going to be un
4 look np at night and see the stars in the skie3. And 4 improvement m~de on that bridge in 2012 and also in 202Q.
5 that's really what I'd Hke to continue do i ng. I ]la ve a 5 Well, that' s six to 18 years~ you know, down the road or
6" concem about the liglrting. I would echo w bat they said 6 J 6 years dow1l the road, and the bridge may be inept now~
7 about the traffic .3lld I a.ppreciate what you've said~ l\.1r. 7 but by adding another, you know ~ 200 cars in the
8 W a tklns. Because I doll't care how ~- whie h direction you 8 oci gh borhood to p ass through ~ it just docs n r t make
9 go~ it's very ~ very difficult to get ba l;k 0 n 35 in the 9 m ueh sense. St:(;ond issue is there i.s a flood plain mat
10 traffic times. And new we're ju~t increasing that. And 1() nms through chere. A couple of Friday nights ago, we had
11 yes;') an F is an F~ but there i ~ a larger F 1han no~ so I 11 u tremendous anlount of rain. TI1c creek runs right behind
12 would like to suggest that we certai nly ha'Ve something we 12 my propl:rty <Jf actually runs through my property, the same
13 need to wok at~ and jus t say that, urell, they'rc going to 13 creek that runs through where the planned dcveJoprnent is
14 increase this in whatev~ yearJ rm thinking itls probElbly 14 going in. Tbaf cn::ek swelled its banks and came up on to
IS a bout 2020 and I ~ II be lucky I'm not in (I [1 un; j llg hmne 15 the roads a bout 15 f oct and came behi nd our prop erty. We
16 somev.'herc~ so I think we need to look at and I would 16 have barns back theret came up ahnos. t aU the: way to 1he
17 appreciate you guys looking at suspending this rezoning J7 barns where the borses are. So wha[ an:: they going to do
18 this -- this neighbClThood. I don ft think anyone of my 18 with all of that runoff and all of that drain age? They
19 neighb or s would be irra ti on ,d a bout tha~ but we are 19 may solve the situation for themselv~5 and be .able to
20 hearing froln a person who is not mreting Code sta ndards 20 devel()p ~ but what about downstream a little ways?
21 now and wetre talking about 2007. Wc~re not talking about 21 So thae s one j s sua. The other is SUCl is there's still
22 1998. And 'WelTe talIdng a bout trying to correct some of 22 qu ite a b it of wildlife a nd nature that Ii va bac k there.
23 the mistakes. that were done in 1998 and] have full 23 "le see deer. We see C()yotes~ yell know, skunks.
24 confidellce an d faith in th is Collncil tlmt you 'Will do 24 annadj llos, )'OU kn ow.. you 1 Ie - they're di sturbi.l1g 11\0
25 that 25 area that \IVe ~ ame to 00 have a little bit of peace and
PLANNING & ZONING REGULAR SESSION, JANUARY 10~ 2007
Page 89 - Page 92
"'-'VD'U.kUaIi.l ,
Page 93 Page 95
1 trrmqullity and with 192 UDits~ what', auOlhcr 192 comiJJg 1 make this thing bellU planned, better zoned, and hew do
2 down tbc path? It just deem't mab IatSe for that 8rca4 2 we mako it more suitable and attractive 10 dIis BICI
3 Ma,ybc b&ck in 1998 cr earlier when the zooins WI! done, 3 that.s being proposed and 10 Ibe residents tbatlive
4 maybe 10. But at Ibis timet just thc-1UJKJUIIt of famil:iQl. 4 there?
S 1bst have moved in aod. the amount of deveIopmcDt IImt it S In graduate sclJool VIe SDldicd Harvard
6 lOins OIl in other parIS of tbc Pmicnre, the apsrtmcots 6 Business School case studies, You can always take a
7 don'l D'UIb 8DDSC. Thank you.. 7 project ad go back 10 1bc drawiag board and B8)'t what did
8 COMM15SIONER SlRANOB: Tom IrIbcdc. 8 we do wrong, and why did we do it a.t way? And tbatts
9 MIlIRLB!OC: Thank:you. Tom Iribcck. 825 9 what 11NU11kI submit to you, that I would 1Il8C you to
10 Shady Shores. A wuplc of dUngs I would like to 10 c;anlidcr ~ Tho implications that's being discussed heR:
l) rci1enIc is 'lIE traffic pmblcm. It is ~ extraordinary 11 tonigbt are complmt. I!mcrgcDcy vchic lcs trying to get
12 probltm now.. And W. only goins to gct1l'1Ol1C whca you 12 ova- that bridge at IIIl)1ima daW I peak traffIC, tbcrc',
13 put 1hst many units on bcRusc milly most of those people 13 cimply no wey on thil srccn catIh it could bappal~ soins
14 will hl.vc two~. So )'OU'rc really DOC adding 190. 14 or COJDiDg. ADd we have a flit dcparCm:at risht acJ'Outbl
15 You~re eddidg BDOIhcr 380, More carl m 10 that. One 15 street from the caneleryt and if that rue depal1moot had
16 IhiDg that ] don tl - other 1h1ng I do DOl dUnk bas bccu 16 to get or that area during an anetJCnCYt tJey simply
17 addressed and I don l t see anyIIIiDg addressing in their 17 couldn~t do it during peak craffic times. both morning and
18 phm.s is 1hc proteCtioo of the cemelety that is tha1::. I 18 c:waHua.
19 1bink that.s . very imponant part of the community that 19 11ac apartmcDtg are going to be SOIDCIbina;
20 is 1hero 8JUI also mpo:t for thole people who are dac. 20 Hkc 40 high aod it Ioo1cs Iikc tho ~ is taking
21 I don "I see any kind of indH: ation whatsoever that that is 21 this project and maximizing this Ibina 10 the ~ limit
22 going to be addrascd. The flood plain issue] tWnk is a 22 that it can be maximized and why does it have to be
23 very cD'awdinary il8lftt 1'bcm is a c;:onsidcrablc 8lDOlIl1t 23 maximi?ed to its Yay beight? The hcigbt of 40 feet is
24 of wa1er tba1 goes on bolb sidesl IIbink 1bey need to 24 higher than most of the tR:es in 1hat area.. And ~ arc
2S think seriously about pmtcc:tkm or their aidemts as far 25 issues rcprding the cemctICIy thaI wac mentioDed. OUr
Page 94 Page 96
1 as cspccialJy cbDdrerl and an r:L thole kinds of 1biDgs I SOD is buried there. We: have plots tbcrc ourselves. "That
2 who lmro to play in rain. So I think that nmts to be 2 cen16tery WBS set up in 1844 wbcn a wagon train was going
3 addn:aed very IIIIld1. 3 IIIrough du.t area and a liUIe &irl pew ill and she dies
4 The acta- side; I think, thaI is a mal 4 and 1tey buried her in the SOIl1bwrs1c:m pardon of that
S issue is I Ibink itl8kcs away from what has been a 5 ,cmctry and tbd. cross that still marks be' grave is
6 Ions-ranse plan From. Lake LevtisYillc all af 1hc way to 6 stUJ. IIlcrc. Dol. thai is a historical mark<< in Texas.
7 Lake Ray Roberts aDd lbat is that wbole path snd thai 7 Wen. tberc ere other isSlX8 that are too
8 ~ patb and all Df Ibut nanuc trail that~s II'ae.. 8 long and m complex to discuss at this time. We would
9- This abuts riabt up to rbat. ]t takes .-way from rhal So 9 like 10 see CVCI)t1ody kiDd of came ~ on Ibis 1hins.
10 now youwre looking at apartments and - rather dum 10 SO back 10 1bc drawing board BJld SOYll what CUD \1IIC do b
II looIciog at a DilIurc trai L So I dUnk it n:a1ly deslrOyS II make this thing work and Iuw can 'We; DJIIkc it rigbt
12 a VCI)' important pari that has beca trying to be pn:served 12 causidcriog aD af the eommcnts and Ibe input dlat you.yo
13 along Ibat way. So] think it n=:ls 10 rcaUy be 13 had at Ibis poiot7 And thank you for your time and for
14 considon:dt ADd I think - lid ask tb: Council to 14 your aneation. Most Ipp rcciatcd.
15 seriously reconsider the zoning IImt wo ba\'81hcre now, 15 CXJMMlSSD.1!R S'1'RANGE: Kathy Moorc+
16 that it really become somclhins mom app&.ble to 1be J6 MS. MOOIm: oood cvaUag. My name 18 Katby
17 area. Thank you very III\1Ch for your tUnc. 17 MoIR. And I currcatJy live at I S94 Mcadow D.rive in
18 a>>IMlSSION!R. S11tANGE: Thank yon. Don 18 Cori~ however, my husband and I own 4805 on Crassbina
19 Me 'Whioncy. 19 Court which I. one of the cul~ thai will back up to
20 MR. UC'WHINNEY: Mr. Chairman and staff. I'm 20 this apactmcot comp1ex.~
21 Don McWhinneyit I live at 134 Cbapmml EstaIcs, Denton, 2) Now, I have sew:ra1 issues that I W011Id
22 Texas. We li,,"C in that neigbborboocL Wrlvo Iivm tbcrc 22 lib: 10 quickly III@8eI'I to you. On~ for the ro:crd. is
23 since 1985. ]f tbe6c was tm:r a project that I would 23 tbat OD a Priday night at 6:30 on the WIlY to 1bis mceciug
24 submic CO you lbat needs to SO back 1:0 the cfnny]ng board 24 with Dallag .and Chuc.t, it took my Ills band and I f<<a stop
25 itls1his one. 10 80 back and look ~ whaJ; can. we do to 25 sign to stqJ lign exactly 10 minutes to get acrosl the
PLANNING &; ZONING REGULAR SESSION, JANUAR.Y 10,. 2007 Page 93 - Page 96
Page 97 Page 99
I short bridge. Ten mm.utcs cn Ole bridge at 6:30 on a I aJMMISSIQNE1l S'I"'fGB: .red fla)'St
2 Friday aight, jUlt for the reoon1 2 MIl HAYS: oaod evening. rm Joel Ilays.. I
:) The seoond thing I'd like to share is I do 3 Iiw at 2509 Bast Windw. CwrentIy 'Netre the nc-Jgbbozs
4 not have the confidence that the drainage or flooding has 4 to Ill: north. 0ur"1 jg: at th, Cftd of the cu1-dc:-sac.
s been considered. for this area. I don't care how much 5 The craffic is inlERSting. I'DJ1dc:rstand it.s out of em
6 concrete you. put on there, five acres or ten 8CR3 of 6 hands but I would hope d-.t itt S IDIDCthing \\'D could set .
7 CODCIdo right now and then maybe mother five to ten 7 voice in.
S acres down the road, at &Ome point, I believe ~ two 8 The second thing would be the flood 8Dd
9 acres is going to affect the drainage in that area. And 9 mnaff issues as Kathy brought to - so greatly with that.
10 when you loot at the detail plat that they have given us, 10 Tbst water is going to impact our property~ rm pretty
11 and if there.s another detail plat we have DOt been given 11 conficbt of 1bat.
12 that, however, t.bc:rc: is no - there is no indicati on for 12 Tbc 1hird thins is that with Ihe project
13 any type of retention pond at all to can:y off drainage or 13 DOt bcina subject to tho tree mirigalion.. tbnr I a nice
]4 flood water to keep it from fiooding the two areas that 14 buffer 1bat~ I iu tbcre rigbt now that kind of IDIm this.
IS out1iDe that apartment complex. And SO the way that that 15 you know. oImy~ "NC can look at it. end see. But 8S ~.
16 would go would be straight to our neighborhood. And SO 16 Me 'Wbinney pointccl out 1hrec storicst it', taUc:r tban most
17 I'm concerned about. that, And it Y<m do look at the 17 of the Ireea~ And wlcn you add on 101' at 1bat Cae t. that
18 detail plat, it is so full of parking aDd apartmeuts 18 land is actuaIly~ it c1cv81Cs. 11 Y S a .little high:r than
19 itself there's no space at this carrent point to put 19 what our property ill So you can go probably 1D01hcr~ you.
20 anything like thai tberet 20 know" 1m. to IS feet. 1 don't knmv~ rm IlUe9I;ng at:that
21 Anotber issue I have or another thit1g that 21 CImc.k sbolVCd a picture and that would be our view 1bat "We
22 I'm conccmcd about is in regard to flocxJing what type of 22 \YOU!d have bctwa:a the two trtx:s d1at you saw Jookjna up
23 plan is there for - when thme neighborhoods have bocD 23 lIB: biD tha1.ls ~ Tbc nxding that W83 - that we
24 devclopcd becaDse rigbt. now it's currently home on that - 24 were: sMu, I don'l accuse anyoJ1C of anylbiag. The tim.ins'
25 on th.oge two cut...de1acs, but when III: other lots are 25 of it wa! yay bad ill IcIms <<it was Friday" 6:30
Page 98 Page 100
J developo:l and tho bona are 1Iae, what lypo of study bas 1 in the middJc of Christmas seasoD. You knowl ~s
2 bcca dona to consider wbal 'Ibo flooding will be like and 2 got a prcUy ~mt social schedule SO I don tt kncnv if we
3 wbII ncccIs to hIppca. wi1h])base J end phase 2 of 1bc 3 can FI back ~ a~ yoLI kDaw. talk abouc Ibis,
4 BpIlI'1:ID!:ot complex. 4 grat But I drink bl everyone bas spoken very 'Millo
S And tic second 1hing or actually my final S issues -1Vbca you look It the DVBI'8ll prqjOO( - ill 1998,
Ii dUng I Y10Uld IiIa:: to sugpst 10 1he Coomtitkz,. havins: 6 11m an for aood businessl 111=:'s no question about
7 served at the University of North Tcxss for 0'Itt kn 7 1bat. But you Imve a very good devdopmcot movement nol
8 )'aln. I would like to suggest 10 you lhat even though 8 only aIons Lake Shore Boulevard. but down Shady Sholes as
5' 1bose 8p&r1meot cmnp1cxcs look like higJrqualiLy cmnpbxes S1 wcII. There's some nice development tbal ts going 00. I
10 the ram is \uy affordable and you get a group of 10 Immv that Corintll and Sltady ShmeI - Ilhink Ibis is
11 sopllxuores, junion or seniors Ind DO requiRIDCDt to liw II soma ro impact i18l't'8dy. What I a it going to do to
12 on campus and IhD incrrasiDg population on that campus 12 .Property voh1ec? Don't know. We'D hI"Vc to leD how it
13 with a comn1U1er campus" and I guaraab you we'm soins to 13 aU washes ant if it's .Uowcd. But J think it - you
14 get (our 10 1m 1D eight students packed into 1hoge 14 bowl! whir we'R Ilyicg to strive: in D:oton, tho zcnins
15 aputInolts. I've geCII it Il1IDBDY timefJ. ADd especiaDy 15 1'!!RQ that have been great issues f'nxn the time before or
16 in our COIDDII:IDity wbcu we're fl.aoded with multi-family 16 evcrytbiq in lie future. 11 dcfini1dy would DOl .... it
17 howina And Cbuck him.scJf &band wi1b 131 dx: II1IIIIbcr is 17 would be easy CO SlY thai it doesn'l fir with what'. tbtte
18 something like 60 percelJl of our community is 18 now. Thank you.
19 multi-frnnily. \\/bars soiDs to kcq) co11ese ltudc:nts from 19 COf41.t1S8JC:R"11'1!R 8TR.ANOE: DOn Smith.
20 seeing In aparID'alt i7:omp1el1bat looks milly ,good and the 20 MIl SMITtI: aood evenin~ Thank you for
21 mot is really ebe.ap? AM tIqr'Je sorns to biko it gvcr 21 hearJng DlCr My namo is Don Smith. Itvc hem a rc:sKtnt
22 ~ espociaJly" 1ocatioo. IocBtion.. location. As a 22 bcze since 1976. 11ivc in 0aItan, wmk in Lewmillc.
23 studcat commuting 10 Dallas, I would muclJ I8Iber live 23 ]tm cbairman of the LcwiIViDe .kta Oambcr of CommcoCCt
24 tbeR; whh easy PCCCIIi 10 351ban cJorcr to campus. So 24 I 8lso Iii em. the IIdvisay Txoar Board wi1h Charles Emory
2S thank you very much. 25 and thay'ft:! right aboui tbc Icna1h of tiDJ: that it ~ s going
PLANNING &; ZONING REGULAR SBSSION:t JANUARY 10. 2007
Page 97 - Page 100
Page ]01 Page 1 03
1 to lake. And they aln:ady know it's not going to be 1 anyone else who wlshed ill speak on tills i tern that we d~ d
2 enough when they do it. So the bridge i~ a bjg concern. 2 not call? Okay. Does the applic ant wish to have any
3 But everyone' 8 talked about ilia t 3 rebuttal or any conunents?
4 r111 the closest hmne. Vlhen you said 4 MR. COTHRVM; I want 1Q begin by saying 1
5 there t S one home out there by itself, tight by the crook, 5 a P pICCiate the neighbors being so nice throughout the
6 lhatls me, And they require you to have over a 3,000 6 process. About the meeting) we did meet on a Friday
7 square foot bome .an~ you know, thcyt~ all going ill be 7 night We had tried to meet p~ious ly on the night of
8 three to $ 500,000.00 hOlTles right next to a n apartment S the bad ice storm, so we rescheduled and ~ principal at
9 complex. Well, if you have that type of home and tbatrs 9 the scho 011 that was the only uvailab Ie datal so we took
10 whn f )"ou require you to have, you're going to hav~ nice 10 it. So at any ra k; and we didn't have a real big
11 things. A lot of prop le like I was wren I was e 11 ntrnout
12 teenager t you kll ow~ getting married and all don't have as 12 The -- a nmnber of is sues ~ I guess k..1 me
13 many nice things. And I oonrt want them being telnpted by 13 start by talking about the flood plain and some of those
14 my nke things, 14 i SSllCS T We'rc going to have storm water. Yau know ~ we Ire
15 A wall around it if they did that. 15 not going to have any detcl1 tion site. You know, that
16 Rezoning of bow 1hey build it. lkse would be nice things 16 works. Thatr 50 really not I:l. zoning issue and this is.n.t B
17 to have. I have pi~tures within the last six D10nths of 17 zoning ca se. I tll speak 10 that in a minute. But we've
18 deer betweelJ my house and the ~ running and playing. 18 taken that into ac~ount Not wi1hstanding ..- we~re not
19 Two coyotes carne and run them crf. rve got pictures of 19 working on that portion of the PD. when we work on p base
20 that Ita be glad to pro\r ide m you. The 1rees right 20 t\vo~ YIe understand that there Is a preserved area, There
21 ncxt to ill on her lot is a roadrunnerts Des~ a family of 21 is a buffer area~. We 1 Ie respectful of th a t. And
22 roadrunners. These are nice fuings to have. Well, when 22 'vc 111 meet those requirements w hen "'~ 'W"Clrk <JD phase two.
23 they start bwIding, what1 s going to rn. ppcn to all of that 23 So we're ereally - we bave not worked on any engineering
24 runoff, it's going to go in the creek. TIm t l; rcck feeds 24 or <<.'ally any site planning at that point so we haven't
25 Lake Lewisville. VJhatts going to happen then? WhBtls 25 shared that with the neigh borho od because \Ve don' I - VIe
Page 102 Page 104
J going to happen when al) of the cars are parked on there 1 don't have iliat infonnation yet So Viire're concerned about
2 and the oil and gas and stuff like that's spilled. I 2 the pba se one 3rea. And I kncrw of of the - - one gentlancn
3 don I t know what's go ing to happen. llle traffic, they 3 men tio ned wer.ro max i ng out the site:. Y Clll know t the P D
4 talked about that already_ If you \Vtle one of the people 4 docs not have any coverage requirem.cn ts. I thin k that
5 on the oth~ side of the bridge that that ambl.l.l.ance or 5 plays into the issue in tanlS of, you know1 the amcunt of
(5 that fire dcp artment cov~~ would you wa.nt more traFfic l' 6 runoff. You know~ v.."Ctre not building the entire site aut.
7 Would you want seven to 800 more cars being in the way of 7 \Ve're leaving smue units on the table. We are handling
8 thetn gctti OS to somebody to save their life? I don rt. r 8 OUI stann water in the appropria1c manner that your
9 don It want that. So rezoning 1 think would be the best 9 rngineeri ng deparunent and building in spee'ti on wi] ( review
10 thing that Vie CQuld do. Bring it up to now s tandards~ now 10 as we move fon.vard in the pennit phase. The (]ther is ~ucs,
11 date. And that I S all I ha vc. Thank you very mue]}. 1] the cemetery, v.refre aware it's orr-site. ]tt s not en our
12 CO~I'\4JSSIDNER SlRA.NGB: Thank you. I have 12 property~ You know, we certain[y intend to be respectful,
13 two ether cards on this itenl of peep]e who di d not wish to 13 but itls not ours and we don't n::alJy bave a say in it.
14 speak that wanted their comments put in the record. One 14 The - I know there was another comment rcsarding tllc --
1.5 isLa Veta Potter. H cr comment is that she is opposed 1.5 it was sort of j U!;t tJlC -.. there wcre several n bOll t the
16 because we need improvement to Post Oak Bridge before any 16 nature of mn1ti-fanlily. You know, 1111 point cut a couple
17 additional traffic, And the apartments do nat nnprove the 17 of the SRaS in north Texas that have been the most
18 neigh borbood. 18 successful include a large component of multi-family.
19 And the next one is Kris Gifford. We 19 Downtovro. Fort Worth. you know, thatls multi-family. And
20 bought there ~- a I ~o opposed - '\o\~ bought land fer our 20 if you look at the 11~ - town area in Da llas. the
21 rct:lremctu home a nd do [lot want to look across S""'1sher all d 21 multi-fan)ily people v..rcre the flTSt ones to come in and
22 ~ apartmenB, Swisher Bridge over 35 "rin not support 22 they've attracted, you know, professional pcopte, high
23 a dditio nal traffic without s.top light and widening th~ 23 quality. multi-family developments generally get bigh
24 roads. Won't support the traffic flow. 24 quality people. Yau know, this site wa s of partie ular
25 Those are the cards I have. Is there 25 interest ba;ause of the fact of it's an excellent site for
PLANNING & ZONING REGULAR SESSION~ JANUARY 10, 2007
Page 101 - Page 104
Page 10S Page 107
1 professional people 10 coomm.te lrem. probably like 1m: J ncigbborbood people have not skged tbmugb that PO. I
2 people who 1xmgbI bcu:.s :in chc ncigIIborhocd. You Imow 2 know amct and I b&vc joked a couple of ~ it is
3 'Ibrft; arc IOI:DD JXIDPIc who prd'cr aD IIp8dmcnt for . 3 ememcly la1gd:iy~ And I lmmv itts fmn B differa1t en
4 varidy of R:BSOII5. .ADda)'CO know.. _ I;ould sic hero aad 4 in IhB City 4> But thai was fairly thorotI8bIY VC1J1ld.. If
.5 discuss t1Ic merits of multi-family. I know it~ 8 S }'OU look at that PO. it'. very duough and thaI-, wily
6 anpopu1ar~ Ir"" done enough cases for muJd-family. Wbett 6 1here are oJT-si1e imprtMmants rrquired as a part of it.
7 youtN askiqJ for zoni~, irs pardcular bant In this 7 It wam -t - it WDS not. )'OIl know ~ just, you bow-, l\dl.
8 instance it. 8 dc:taiIcd site plan dud ~ we"le noI 8 )'OIl CD do multi-family, you know. BDything you want. J
9 maxiog out. Yau komv; tile reference to 'the rraiI, 1hatt. 9 DICBI1a tIac were requiIemcnts for it.
lQ In amenity for USt We like that as"Wcll. I bclicvc !hat 10 I chink the last thins with ~ 10
11 'tlJe people that rent will be sood ctewarcIs of Ihc rraiL 11 hfTlC BDd the Rite in groeralt We bad car eusincer just
12 I tbirdc yen find thai in many area.1, m Lake IfiahIands, io 12 do some quick. IlWDbcrs4> Aad th:y - )'OU know" tbcylJ:8 more
13 the 'UptOWn uea. wb:rcYa 1Iae are trails in Fort "lortht 13 anecdotal than ~g else. TIe number of units iD
14 You knowl they use the trail too. Just because 1bey1rc ]4 tenns of sinP family in Ole future will be a far bigb:r
l' in an apartmml, docso t, mean that tbcy nrEe6S8riIy arcn'1 IS ImffJC generator than this multi-family project wiD be.
16 just as iDleRalcd in reaction BIld amenity areas. In 16 So - and wette happy with 11m. I mce~ we ~ that
17 terms of tile siIc in ~ Ibe site. in 1cnns of 17 mu1ti-family can -work in a Dice _ You kDaw.. I
18 muIti..femily is fairly well buffcrai on cw:ry om.. We 18 li~ in I 1hink a Dice ncJghbor1Mxxl University Park.
19 don't lmve: a lot of Itnd frontage:. Ycu woa~ see a bia 19 TbcRls muIti-family right IlCIIJ me. And you knowl" I dontt
20 IIICIJOlidK mass of btuldings.. Much of it will be 20 see it 8S necessarily a probkm. Yau know.. itt s a nice
21 buffered. AD of major sides are buffcral That's DOt 10 21 multi-family dcvcloJmIent aDd 1bey have a variety ~ you
22 say 1bat some cf the people diJa:dy across coold see it. 22 know, &iDgIc pcopJ.c. mmricd; Jaircd. et cetera, kids,
33 but by 1YOUI see wlBtr:vrz's drNeIoped Iberc. 23 )'OU know t all lOOse sorts of things. And they devdoped
24 So I think 1bc biggest issue that continued 24 that site because tbcy wanted to be in I. nice
2S to como up was the traffic issDO. TIe off-sitc traffic 2.5 _ I think you tend to find 1hat good
Page 106 Page 108
1 _. OW'" 11A Ibaws improve the 1Gvcl of ICI'Vice I multi.fllllily dcveI~ tIE reaDy nice placest Ibinp
2 dftcdy adjacal1 and at our s~ Y CD know, we can't 2 1hot 1bcyr'YC dcvcIopaIlikc Lagtma Vuta in Las Calinas m"
3 swvc the problEms off-sire. Yau know, the Pord 3 tbings at McKinney Raach .. yon know. iD nice
4 dealership, 'Ataen it came in,. I think it's IUd, but wIa 4 aeishbhorboods BDd you can get a better rate.. And I lbiDk
S Ihc cae dcaleIsbip came in, they dido't im~ the S wo- you. know. a dollar lIlOrCa foot. thBt's a .-)W
5 bridsc- I mca1I.. Ibat~ S just beyond. the ability or cbe 6 know, . fairly substaDtiBl nm. ra.. We-II a1so have
7 rcquiraDeats of iDdMduaJ devdopcn to do that. You 7 pmgcs and coveraI parltiDg. I think 11m's - you know~
8 know. tbat~1 a major project. And,. ~ the people who 8 il just lYODtl be drive up, DO covered parIdDg. nil wctrc
5t will Jive; at oar location win sufJao the: SBmC' hardships 9 both covered and prase. Yan dontt act much betrer 1ban
10 CVCI)'DDC c1sc doc:s and "ftIe'ro ~ of dm. We want 10 be 10 dmt. ADd dmt doesn't c:h&ngc the fact 1ba1 jtt s
11 . ~ ill 1bat proceIs in eeeing if we can move that 11 multi"family. Wrlre lOSpec:tCul of 1hat We promise to
12 along. I DWaDt this is alalgc dcvcIopcr that docs do 12 work wi1h 1be Ddgbbotb3od folks jf 1bty'd like to be-
13 h.ish-ad sInff and is happy 10 'WOI'k DS 8 partner in that 13 you know~ werre happy 10 keep thcm invohlil in 1b;;
14 effort. W~R trying to work with dJ:: DISO fmmdation 10 14 construction scbedulc and kt them know what our tbooghIs
IS assilt d1cm. Tbey1vc cxp~ aD int:lal end dIcy 1ikc 15 IR on moviog fmvmrd OD phase 2. But ~ ncquired. dw
16 multi..t.mi1y JJCIC'Pk b he . partner. We. d like to do that 16 property bccaum it has certain rights attached to it 1bat
17 8S well. 17 are vestaL And you know, "We wiD CCXDPIy wilh the: m~
18 So. )'aU know; 1b:: tnr& is8ue is Jlo1 18 IIeppy to ~ any qncstians )fOU might bave. Thank)'011.
]9 smncIhing we CBIl solve off OW" site.. On cur site we 19 c:x>>.fMISSIOHEB.S~~ ADyone have 80y
20 ictcnd to CGr1p1y with the PD and honor Ihosc thiogs~ You 20 questions of _ app1ican.t1 Okay. With lba4 we will
21 koow~ l'Ie lhink 1bat itls a maucr of perspective that 21 choso t1.m public bearing. Do we have a JDOtion on thi,
22 'WC':m going bcytmd whalfs required. to do. And tblt'l the 22 item? Dr" L)'kc.
23 1htahoId we'd ask )1OU 10 observe Ia'ct You kaow, we 23 CX>>AfISSImlm. L n::e: r have - the 11m
24 have our wstal risbts 1hroush that ordinaacc. 1hd was B 24 m.it!p.tiDII Is IOIJdhins I fmd boubJiD8~ Many .of t1Jc
~ fairl)' lengthy process and. 1 know probably most of tb: 2S applications ftrW seen come through ~ iD tbc past
PLANNING &; ZONING REGULAR SESSION, JANUARY 10, 2007
Page 10S - Page 108
Page 109 Page 11 ]
1 month have sane abow and beyond 1ancIscaping -mquiremcn1:!t I property .od JIIIIbs il. you bow. tbcre.'s some value in
2 tree canopy nquin:mcntl. The 1ctta-, which is Exhibit 9 2 that. So ~'m,. )'OU knowt wol rc - 'WE undrntand ... \lie
:3 in here is - pretty mD(:b sa)'S1 dl. well,. I An't -1hia 3 want 10 be nice - '-Nt are -- J think yon brausht up
4 docs DOt even miDpte 2.5 percent of 1hc tree c;alibcr mat 4 cuopics. We a[C planniDg additionul CIIDapy treeI. Welre
S you'U be bddng out. Andl you blow, IMc is the tree 5 plaDq trees in front of cvczy bwldiaaa You knawll we
6 ordinaBce. 'Nhich even. the I'D Bllows you to do certain 6 - you ]mOWjl ere trying to~.. Tbae hlppens to be
7 things with this parcel of JaneL t1E tree anIiuaoce doc! 7 a Jot of mitiaatioD on that site.. So ills DOl casy" If
8 still apply to you. docs it not? g 'We bad come in undBr CIII'lCD.t zenina, Ifm SDR! _ would
9 ML CXJIHRl1M: NOt it does DOl. I mcu, 9' have had to done ADP and it wwld have been a diffcrall
IV we're - and rm sled yon D&kcd Ibis qucstim1. We 10 pmc::.' but 1bBt~ I not the ac:t of ~iIcumstaoces wg: haw,.
11 provided that based 011 - VIe bad our landscape uchitect 11 We bovc an old PDthat Con:ocil passed~
12 make calculations, 81 if we ~ submlUing In application 12 And SO It d ask you to kx)k at il, 1hat
13 Ioday askina for ~ If v.c were doing 1hat, we 13 we're - VIO arc doing more than whatt. required if1b81
14 understand 1herc would be a wbok: set of mlcs that 14 makes sense. J mcan~ it's - [i:now it t s dif'fcrmL And
IS mquire tbal IS yl.pJJ. dontt p: a 101 of ~BICS thaI ReCmS to elm1 wid1
16 W1G1 ~ gnt our ZQDLog for this parceL 16 PD'S because dI:ro atCD I t a Jot of tbcm~ But itl, a
17 1hcrc"WaS DO rree mitigation ~ 50 cvay caliber 17 different set of rules and - sorry. Docs that 1IDS\YCt
18 inch 1bBt ~ dceidc to R:plant or pregerve is Bhovo what ]8 your question?
19 is required. It'. not.'hove what'. required today1 but 19 COMMISSIONER LYKE: YCI.
20 th8t1 s not III:: ducsho1d 1hIt we beIicYc we sbould he held 20 COMMISSIONER S11lAt\~ thank you.
21 lOt 'Ibc.o.. and as Chuck said, Ihcrc 810 a series of PD'S 2. MR. OOTHRUM: TbanJ: you.
22 lhat aea1c special exceptions in the Oily. So, yea. kuow. 22 COMMISSIONER.' STRANGE:; Mr.. J3aslctoD.
2] U . Imuh. you know, we came before, and our ZODiDg camo 23 COM),fISSlONER: EAOLETON': well; r m sure
24 befom your 1rcIC ordiIJance didr 24 wc'm going 10 have to come down to 8 vcre on this in a
25 COMMf3SlONER LYe. (1hougbt there wel 25 mil1U1e. But I brvc: a lot of thougIds about Ibis. Ind one
Page ] 10 Page ] 12
I like 8 twO-yC8r application. you apply and you had two I at th:m is that itt S unfortunate. I don -I. think aoy of us
2 years - does tbe1 801 epply 10 yours? 2 lae tonight were on the P1amdng Comm.Dsioo. when 1his
3 !dl. COTHR11M~ ~ \VC have a PO. I mean. 'We 3 zoning WBI paSStd in 1998.. I don'l know - or even the
4 i:0ll1d - 4 City Council
S CONNlSSIotIER L YKE: so you.'re CClDJ)letely 5 Pint of aD. ills a wakc-up QJl for us
.6 ecanpt rrom. ..... 6 and as Planning Commisskmcn at this poio1 to look down
7 M1l o:mm.~: wcfre exempt frmn the 7 1!1: rutIR as \'f'a look ae projeds 1hat arc comblg along
8 'lDitfption and _IVC workcd with sb1tT - the f"mt time I 8 1he pitc 10 sa: what affoct it may have ten )OifS from
9 came iD to work witb Cblek em om and I came IloDs in tb:: 9 !lOW. ADd I thiuk 1bat we are beariq: tlc bnmt of tenIly
10 projecl a littJe. - kind of maybe a little bit midstream. 10 I think. mistake that was probably IDlLda in Ihe rmUrIS of
11 But Chuck. expressed to us it would he in our besl iD1lnlSt 11 this property ~ you kno\v. in 199B. However, what wrJre
12 a.Dd 11. wcdd he calia', in gc:DCI1IL if we woWd try 10 12 IcoIdng at it approving 8 ddail plan and J YiDUld VCD1UIe
13 mcd the currmt Bll ilding Code 8Dd. the current mitigation 13 to say Ibat kp.lIy 'We can ~t - we cantt punish. Ibis group
14 and. those Idnd of 1bIngs4 And Chuck was _wan:: dEl:, )'OIl 14 for things dJat arc DOt --1bat thcy'n: DOt doins that are
15 know, we don rt ha"n: 10. But 9JC1 vc done 1hat and IS DOt in cmnpliancc wi1h what by agnzd 10 in 1998.
16 particnlarIy with rcpn1 to the Building <:cxk M; just 16 Balicallyi ~ rm laying is 1hat Ibis is
17 said. yes~ we'D CO that route.. 17 UDfortunalc. If I tivcd in this uas. I would &db
18 ADd on Ibc trD: mitigationll you're right. 18 cxect AlII:; waYt Y(I1 bowll aDO of 1bc 1hoD8IU that goes
19 we hBw not and we undersWld - I SD.W a nmnber of 1binp 19 d:Jrougb my mind iI, you know, ~ DCX.t thnc I set ready to
20 here people 8M doing IIIOM 1ban 8JC l'O.luircd. We IIIC too, 20 buy . ~ I need to look at what the plaDncd zoning is
21 If you Jook 8111111: - the set or circumstaDccs. Wdrc 21 ror now aod what could possibly happca leD years from now.
22 doing more 1han is KqUiml because 1iIO have DO 22 And itla really unfortunate bccat1SC J know wba11ho.tls
23 rcquiJancnts. I mean .... and I undentand daat That"s 23 like to be somewhat affected by this and ]tm SUIe )VU fc:c1
24 what CmmcD pRS9t!ld and thalli OOC of die n:BSOl19 why. you 24 like your hands arc; tied. [IDCBnI iF you live in that
25 know the - tbatf I coo of the rights tJudf!l .It1ached with 25 ~ you fed Iikc ymr bmJd.1IR: just tied. I fccIlikc
PLANNING It; ZONING REGULAR. SESSION, JANUARY 10, 2007
Page 109 - Page 112
"'-'Vu...,.."". ..
Page 1 J3 Page 115
I our hands 8JC lied as Planning Ccmmitsioncrs~ however. our J
2 charge hcR: tonight is to Jook. at the detail plan.. And 2
3 bl', really the only thing welre to look at., We have DO 3
4 control aver the ZODiag. We have no - I meaD, I VIOIlld 4
5 guess tbat 1VC have no power to go back and R2DOC that at 5
6 this point. Ie I not a zoning case. 6
7 So those arc: just tbiDgs that am on my 7
8 mind and if someone ol9c: has somedring el90 10 say about 8
9 1bat,. I'd love to bear it. 9
10 OOMMISIroNBR SlltA.""lGe Al1y o1hcr commcn1:l? 10
11 wen you are exBCtly right. ThIs is DOt a zooq casc.. IJ
12 Ie-. a coocept plao du.t's been approved and we simply 12
l3 have the responsibility 10 look at Ihe delail plan to see 13
14 that it eonfonns wilh wba1 wal Bet out and ham 011 Ilx: 14
IS iDCOIJDIItion that we have received from Met Rusge1lt it 15
16 appears 1bu wo - this does meet Ihose staDdards. So 16
17 with that.. I will ask again, do we have a motion on this 17
18 ilem? Yau am olwa~ leU wbco ills U Iough. deal nobody 18
19 WBDts 10 m&te 8 mc6oa. 19
20 Okay ~ r II i.:Jakc a motion. In view of the 20
21 fact that this does meet tIz sbmdard of 1hc '0 1bat was 21
22 approved ia 1998. rd make a motion 1bat 'We do approve 22
23 this detaU ptan~ 23
24 ~u~ .second. 24
2S cxr.fMISSIONER ~ And. we have a second 25
Page 114 Page ] 16
1 by Mr. Thomas. Is there any discussion? Seeing ~ I
2 please vote. And Ihc vote passes 6-1, 2
3 (COMMISSIONER. WA'I'KDlS VOTIl'.~ IN 3
4 OPPOSITION.) 4
S S
6 6
7 7
8 8
9 "" 9
10 10
II 11
12 12
13 J3
14 14
IS 15
16 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
. .
25 2S
PLANNING & ZONING REGULAR SBSSION, JANUARY to, 2007 Page 113 - Page 116
EXHIBIT 13
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON~ TEXAS, TO PROVIDE FOR THE APPROVAL
OF A DETAILED PLAN FOR 10.3 ACRES LOCATED WITHIN" PLANNED DEVELOPMENT
132 (PD-132) ZONING DISTRICT; THE SUBJECT PROPERTY IS GENERALLY LOCATED AT
THE NORTHEAST CORNER OF SHADY SHORES ROAD AND THE RAILS TO TRAILS .
RIGHT-OF-WAY, WEST OF SWISHER ROAD IN THE CITY OF DENTON, DENTON
COUNTY) TEXAS; PROVIDING FOR A PENALTY" IN THE MAXIrvIUM: AMOUNT OF
$2,000.00 FOR VIOLATIONS lHEREOF; PROVIDIN"G A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z06-0027)
WHEREAS, on November 17, 1998, by Ordinance 98-394 the City Council approved an
amended Concept Plan for 427.6 acres of land within Planned Development 132 (PD-132) zoning
district; as more particularly described therein; and
WHEREAS, on August 21, 2006, BGO Architects applied for Detailed Plan approval for
10~3 acres of land located within Tract C ofPD..132 and more particularly described in Exhibit ~'Arn
attached hereto and made a part hereof as Exhibit "At' (''the Property"), said Detailed Plan being on
file in the offices of the City's Planning Department. a copy of which is attached hereto and made a
part hereof as Exhibit "B" (the "Detailed Plan~'); and
WHEREAS; on January 10, 2007~ the Planning and Zoning Commission recommended
approval of the Detailed Plan; and
WHEREAS, the City Council finds that the Detailed Plan is consistent with the Concept Plan
for PD 132; NOW, THEREFORE,
mE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance No. 98-394 providing for the approvalofan amended Concept Plan
for the Planned Development Zoning District Classification and Use Designation for the property
described as PD-132 is amended by approving the Detailed Plan for the Property.
SECTION 3 ~ The provisions of this ordinance as they apply to the Property shall govern and
control over any conflicting provisions of Ordinance No. 98-394; but all the provisions of Ordinance
No. 98-394, as they apply to that remaining portion of the district not herein amended~ shall continue
in force and effect and shall apply to the remainder of said district.
SECTION 41> The City~s official zoning map is amended to show the approval of the
Detailed Plan..
SECTION 5. 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.
Page 1 of 4
SEcrlON 6. Any person violating any provision of this ordinance shall, upon conviction, be
fined a swn not exceeding S2tOOO~OO~ Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense~
SECTION 7. That this ordinance shall become effective fourteen (14) days from the date of
its passage, and the Oty Secretary is hereby directed to cause the caption of1his ordinance to be
published twice in the Denton Rccord-Cbroniclc. a daily newspaperpubJished in the City ofDenton.
T~ within ten (10) days of the date of its passage~
PASSED AND APPROVED this the
day of
. 2007.
PERRY R. McNEILL, MAYOR
A1TEST:
JBNNIFBR WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M S1\TYD ORNBY
~
Page 2 of4
EXHIBIT A
BEGJNNING at a 1/2-inch iron rod found at a southeast comer of c called
273.609 acre tract of land described jn a Specjal Warranty Deed to
Lumbermen's Investment Corporatjon,. as recorded in Instrument Number
2005-116256" of the Deed Records of Denton County" Texasl sajd corner
also being on the northeasterly line of a tract of land described in a
Quitclaim Deed to the City of Denton, Texas" as recorded in County Clerk~s
Document Number 9J-R00584B5~ of the Real Property Records of Denton
County. TexQs;
THENCE North JB-59"3Jn Ecst, departing the northeasterly line of said Cjty
of Denton" Texas tract. along the northwesterly line of sajd 254928 acre
tract of land and the southerly line of said 273.609 acre tract of landt a
distance of 641.09 feet to a 1/2-inch iron rod found for corner;
THENCE South 54.JJ'14" Ecst, departing the southerly line of safd 273.609
acre tract of Ian d. a distance of 251. 60 feet to a 5/8- inch 1i8DD Ii capped
iron rod set for a corner;
THENCE South 35-:26;146'" West~ a distance of 129.81 feet to a 5lB-inch
-SDDu capped iron rod set for a corner;
THENCE South 06-5BtOB'" East, a distance of 333.42 feet to a 5/B-jnch
"800" capped iron rod set for a corner;
THENCE South 1219'19" East. c distance of 382446 feet to a 5/B-jnch
"BDOu capped iron rod set for a corner;
THENCE South 8612"49" East. a distance of 300.47 feet to a 5lB-inch
-SDDu capped iron rod set for a corner;
THENCE South 0012'21 U West, a distance of 222.42 feet to a 5/B-inch
"800" capped iron rod set for a corner in the North Ijne of Shady Shores
Road (varjable width right of way) and also being on the South line of
said 25. 928 acre tract of land;
THENCE North a6'2~4gU West, along the North line of Shady Shores Road
end the South line of said 25.92B acre tract of land" a distance of 399489
feet to a 1/2-;nch iron rod found for corner on the northeasterly line of
said City of Denton, Texas tract" said corner being the beginning of a
non-tangent curve to the left~ having a radius of 2387.22 feet;
THENCE northwesterly.. departing the north line of said Shady Shores Road"
along the south westerly fin e of said 25.928 acre tract of Ian d, th e
north easterly line of sajd City of Den ton" Texas tract~ and along said curve~
having a central angle of 14.47~58M" an arc distance of 616.62, and a chord
bearing end distance which bears North J6~55'14n West" 614.91 feet to a
corn er;
THENCE North 45-.32'54n West~ non-tangent to said curve" continu;ng along
the southwesterly line of said 25.928 acre tract and the northeasterly line
of sard Cjty of Dentont Texas tract, a distance of 260.24 feet to the
POINT OF BEGINNING and containing 447,492 square feet or 10.273 acres of
land, more or less.
EXHIBIT B
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AGENDA INFORMATION SHEET
AGENDA DATE:
February 6, 2007
DEP ARTMENT:
Planning and Development Department
Howard Martin, 349-8232"
ACM:
SUBJECT - Z06-00 14 (Parkside Meadows)
Hold a public hearing and consider adoption of an ordinance regarding the rezoning of
approximately 30 acres of land from a Neighborhood Residential 2 (NR-2) to a Neighborhood
Residential 3 (NR-3) zoning district, with an overlay district. The subject property is generally
located at the southwest corner of Hinkle Drive and Windsor Street. The Planning and Zoning
Commission recommends approval (6-0).
BACKGROUND
Applicant: Rick Baria
Denton, TX
The applicant is proposing 89 lots (detached and attached single-family homes) with
approximately 3.3-acres woods to be preserved. The proposed rezoning request includes an
Overlay District to mitigate the comments from adjacent property owners who are concern about
the potential visual impact the proposed project would create.
The following are the Overlay District restrictions and conditions:
· The woods along the south and east boundary of the site will be preserved.
· A perimeter fence with a "wrought" iron appearance, with taller posts topped by a
decorative finial at the corner of each lot will be installed along the perimeter of the site.
The setback of the fence will be 50' minimum from the existing curb. Rows of shrubbery
between the fence and sidewalk will be installed to obtain privacy. The distance from the
fence and back of sidewalk will be a minimum of 12-feet. The developer, and later an
H.O.A., will take responsibility for maintenance and irrigation of the approximately 3-
acre perimeter landscape area.
· Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay
brick or stone for all vertical surfaces with a direct load path to the foundation.
· The following restrictions and conditions shall apply to single-family detached homes:
o Street right-of-way shall be a minimum of 56 feet.
o Parkway width shall be a minimum of 9 feet.
o Sidewalk width shall be a minimum of 5 feet.
o Front yard setback shall be a minimum of 15 feet.
o Side yard setbacks shall be a minimum of 6 feet.
o Rear yard setback shall be a minimum of 10 feet, except for Rear Entry Garages.
o Rear yard setback shall be a minimum of 20 feet if garages are accessed through
the rear of the property.
o Front Entry Garages shall be setback 12 feet from the front most wall of that unit.
o Three-car Garages shall not face the street.
In conjunction with the rezoning request the applicant will be applying for a Specific Use Permit
(SUP) at a later date to develop attached single-family dwellings (see Exhibit 8). The NR-3
allows attached single-family dwellings with an SUP.
The applicant has met with nearby property owners three times, in August, November and
December of 2006. The applicant is including an overlay district with the proposed zoning
change to address the concerns of the property owners. The majority of the property owners that
attended the August and November public meetings are in general acceptance of the zoning
change with the overlay district restrictions listed above.
Public notification information is provided in Exhibit 6. As of this writing, staff has received
four responses from property owners within 200 feet of the subject site. Two are in favor, one is
neutral and one is opposed to the zoning change.
PRIOR ACTION/REVIEW
January 10, 2007 Planning and Zoning Commission public hearing
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (6-0) of this rezoning request.
EXHIBITS
1. Staff Analysis
2. Location Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. Notification Map
7. Site Photos
8. Proposed Street Cross Section
9. Planning and Zoning Commission Minutes - January 10,2007
10. Ordinance
Prepared by:
~
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. . .". . '" .. . . .
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. .
. . .
:-" ",," "I: "
Ron Menguita
Planner III
Respectfully submitted:
Brian Lockley, AICP
Interim Director of Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO: Z06-0014
DATE TO BE CONSIDERED: February 6, 2007
The property is generally located at the southwest corner of Hinkle Drive
and Windsor Street.
LOCATION:
Rick Baria
5138 Edwards Road
Denton, Texas 76208
APPLICANT:
OWNER:
Rayzor Company
400 West Oak #200
Denton, Texas 76201
REQUEST:
Rezone approximately 30 acres of land from Neighborhood Residential 2
(NR-2) to a Neighborhood Residential 3 (NR-3) zoning district with an
Overlay District.
STAFF RECOMMENDATION: The Development Review Committee recommends approval
of the rezoning request.
The subject site is located within an Existing Land Use/Infill
Compatibility future land use designation.
COMPREHENSIVE PLAN
DESIGNATION:
SITE AND SURROUNDINGS: The property is currently undeveloped.
North:
South:
West:
East:
Neighborhood Residential 2 (NR-2) - North Lakes Park
Neighborhood Residential 2 (NR-2) - Alterra House Retirement Home
Neighborhood Residential 2 (NR-2) - floodplain
Neighborhood Residential 3 (NR-3) - existing residential and
Neighborhood Residential Mixed Use12 (NRMU12) -Good Samaritan
Village
BACKGROUND INFORMATION:
The subject property is generally located at the southwest corner of Hinkle Drive and Windsor
Street. The applicant is requesting to rezone approximately 30 acres of land from Neighborhood
Residential 2 (NR-2) to a Neighborhood Residential 3 (NR-3) zoning district with an Overlay
District.
ANAL YSIS:
Comprehensive Plan Analysis
The site is located in the "Existing Residential/Intill Compatibility" future land use area of the
Denton Plan. A description of Existing Residential/Intill Compatibility reads as follows:
"Within established residential areas, new development 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 NR-3 zoning district is consistent with the comprehensive plan designation of
Existing Land U se/Intill Compatibility.
Development Code/Zoning Analysis
The following table highlights the differences In uses between the NR-2 and NR-3 zonIng
districts.
Residential Land Use Categories NR-2 NR-3
Agriculture P P
Livestock L(7) L(7)
Single Family Dwellings P P
Accessory Dwelling Units SUP SUP
L(1 ) L(1 )
Attached Single Family Dwellings N SUP
Dwellings Above Businesses N N
Live/Work Units N N
Duplexes N N
Community Homes For the Disabled P P
Group Homes N N
Multi-Family Dwellings N N
Manufactured Housing Developments SUP N
Commercial Land Use Categories NR-2 NR-3
Home Occupation P P
Sale of Products Grown on Site N N
Hotels N N
Motels N N
Bed and Breakfast N N
Retail Sales and Service N N
Movie Theaters N N
Restaurant or Private Club N N
Drive-through Facility N N
Professional Services and Offices N N
Quick Vehicle Servicing N N
Vehicle Repair N N
Auto and RV Sales N N
Laundry Facilities N N
Equestrian Facilities SUP N
Outdoor Recreation P P
Indoor Recreation N N
Major Event Entertainment N N
Commercial Parking Lots N N
Administrative or Research Facilities N N
Broadcasting of Production Studio N N
Sexually Oriented Business N N
Temporary Uses L(38) L(38)
Industrial Land Use Categories NR-2 NR-3
Printing / Publishing N N
Bakeries N N
Manufacture of Non-odoriferous Foods N N
Feed Lots N N
Food Processing N N
Light Manufacturing N N
Heavy Manufacturing N N
Wholesale Sales N N
Wholesale Nurseries N N
Distribution Center N N
Wholesale Storage and Distribution N N
Self-service Storage N N
Construction Materials Sales N N
Junk Yards and Auto Wrecking N N
Kennels L(37) N
Veterinary Clinics L( 14) N
Sanitary Landfills, Commercial N N
Incinerators, Transfer Stations
Gas Wells L(27) SUP
L(27)
Institutional Land Use Categories NR-2 NR-3
Basic Utilities L(25) L(25)
Community Service N N
Parks and Open Space P P
Churches P P
Semi-public, Halls, Clubs, and Lodges SUP SUP
Business / Trade School N N
Adult or Child Day Care SUP SUP
Kindergarten, Elementary School SUP SUP
Middle School N N
High School N N
Colleges N N
Hospital N N
Elderly Housing N N
Medical Centers N N
Cemeteries N N
Mortuaries N N
The chart below illustrates the differences between the NR-2 and NR-3 zoning district
development standards. The NR-3 zoning district permits higher density residential.
The following limits apply to subdivisions of 2 acres or less:
General Regulations NR-2 NR-3
Minimum lot area (square feet) 16,000 10,000
Minimum lot width 80 feet 60 feet
Minimum lot depth 1 00 feet 80 feet
Minimum front yard setback 20 feet 15 feet
L(2)
Minimum side yard 6 feet 6 feet
Minimum side yard adjacent to a street 1 0 feet 1 0 feet
Minimum rear yard 1 0 feet 1 0 feet
The following limits apply to subdivisions of more than 2 acres in lieu of minimum lot size and
dimension requirements:
General Regulations NR-2 NR-3
Maximum density, dwelling units per acre 2 3.5
Minimum side yard for non-attached 1 0 feet 6 feet
buildings
The following limits ap 1 to all buildin s:
General Regulations NR-2 NR-3
Maximum lot coverage 30% 50%
Minimum landscaped area 70% 50%
Maximum building height 40 feet 40 feet
1 0 feet 1 0 feet
plus 1 plus 1
foot for foot for
Minimum yard when abutting a single- each each
foot of foot of
family use or district building building
height height
above above
20 feet 20 feet
The requested zoning change is consistent with the surrounding land use and zoning districts.
DEPARTMENT AND AGENCY REVIEW.
The Development Review Committee reviewed the rezoning request and no comments were
submitted.
FINDINGS:
The proposed rezoning request includes an Overlay District containing restrictions and
conditions that satisfy the concerns of nearby property owners. The requested zoning change is
consistent with the surrounding land use and zoning districts.
Pursuant to subsection 35.3.4.B. a zoning amendment shall be issued only when the following
standards are met:
1. The following rezoning conforms to the Future Land Use element of The Denton Plan.
The proposed NR-3 zoning district is consistent with the comprehensive plan designation
of Existing Land Use/lnfill Compatibility.
2. The proposed rezoning facilitates the adequate prOVISIons of transportation, water,
sewers, schools, parks, other public requirements and public convenience.
Provisions exist for the adequate servicing of this proposal relative to water, sewer,
schools, parks, and other public infrastructure.
RECOMMENDATION:
Based on the analysis and findings listed above, staff recommends approval of the rezoning
request.
EXHIBIT 2
LOCATION MAP
~~
.....~......
o
Feet
o 100 200 400
........~
EXHIBIT 3
EXISTING ZONING MAP
o
Feet
o 100 200 400
EXHIBIT 4
PROPOSED ZONING MAP
o
Feet
o 100 200 400
EXHIBIT 5
FUTURE LAND USE MAP
o
Feet
o 100 200 400
EXHIBIT 6
PUBLIC NOTIFICAITON MAP
o
o 1e2..6 S28
Feet
eso
Public Notification Date:
200' Legal Notices* sent via Certified Mail:
500' Certified Notices sent via Regular Mail:
Number of responses to 200' Legal Notice
· In Opposition: 1
· In Favor: 2
· Neutral: 1
Percent of land within 200' in opposition: 1.4 0/0
12/29/06
23
62
EXHIBIT 7
PHOTOGRAPHS
Subject site looking south.
Subject site looking southwest.
Subject site looking southwest.
Subject site looking northwest.
Subject site looking southwest.
Subject site looking southwest. Alterra
House Retirement Home in the
background.
EXHIBIT 8
PROPOSED STREET CROSS SECTION
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CondenseIt TM:
Page 33 Page 35
1 COMMISSIONER STRA.NGE: The next item is 1 single fantily detached homes. Street right-of~way shall
2 Item No. 5D, which is the rezoning of approxilnately 30 2 be a minimum of 56 feet. MiniInwn park\vay width shall be
3 acres frotH a Neighborhood Residential 2 zoning district to 3 nine feet. Sidewalk width shall be five fret. Front yard
4 a Neighborhood Residential 3 zoning district. The subject 4 setbacks sha II be a minimum of 15 feet. S ide yard
5 property is located at the southwest corner of IIin klc 5 setbacks shall be a minilllulll of six feet. Rear yard shall
6 Drive and "rindsor Street. Mr. Menguita. And I will point 6 be a minimwn of 10 feet except for rear-entry garages.
7 out that we ba ve one Conunis sioner who has expressed the 7 Rear yard setbacks shall be a mininlurn of 20 feet, if
8 interest to recuse hUllself from this item. Mr. Thomas, so 8 garages are accessed through the rear of the property.
9 we'l1 ask that you leave the room until V.le ea 11 you back. 9 Front-cntry garages shall be set back 12 feet froIn the
10 COMMISSIONER THOMAS: Thank you. 10 f font TIIQS t wall of the -. the unit and three-car garages
11 MR. MENGUITA~ Thank you, Chair, members of 11 shall not face the street.
12 the COllrmission. The subject site is generally located on 12 In conjunc.tion with this zoning request the
13 the southwest corner of Hinkle Drive and Windsor Street. 13 applicant will be applying for a Specific Use Pcnnit to
14 Lees see. To the north is the Northlakcs Park. To the 14 develop later the attached single family dwellings. The
15 south is the Altcrra Retirernent HaIne. And to the 15 NR-3 zoning district which he is requesting allows
16 southeast is the Good Salnari tan Village. Current zoning 16 attached single-faluily d\vellings with an SUP. The
17 is NR-2. The applicant is requesting to rezone it to 17 applicant again has met with tlle property O\V11crs three
18 NR-3. The zoning district to the north is zoned NR-2. To 18 times.
19 the east is zoned NR-3. TO the southeast NRMU-12 and to 19 And with tha t1 the zoning 31nenrunents shall
20 the south and southwest is NR- 2. 20 be -- It 111 sorry. Pursuant to subsection 35.3.4.B, zoning
21 The Colnprehen sive Plan designates this area 21 anlcnrnnents shall be is sued only \\,'hen the following
22 as an existing land use des ignation. N otificatian s were 22 condition s have been met and staff feels that the
23 sent out to residents \vithin 200 feet of the property and 23 applic.ant has done so. Staff recolnmends approval of the
24 also a courtesy notice was sent out to property O~'Ilers 24 zoning request.
25 within 500 feet of the subject property. As of today 25 At this titne I'd like to an swer any
Page 34 Page 36
1 we've received four notification responses within the 200 1 questions.
2 foot buffer, !\va in favor, one in opposition and one that 2 CO~fMISSIONER STRANGE: Any question s of
3 is neutral. We've also received two additional COlmnents 3 staff?
4 in writing. They are located outside the 200 foot but 4 COMM[SSIOh~ER THIBODEAUX: I have a
5 they'rc inc luded in your backup. 5 question.
6 The si tc is currently undeveloped with 6 CO~MISSIO:--JER STRANGE: Dr. Thibodeaux.
7 large trees located throughout the site. The proposed 7 COMMISSIO~'ER THIBODE.A.UX: Ron, could you
8 development of this property, the applicant is proposing 8 tell me about the attendance at those three meetings? Do
9 89 lots, detached and attached single family homes. The 9 you have any idea how many neighborhood members -- any
10 proposed rezoning inc ludes an over lay dis trict. The 10 idea?
11 over lay district is to mitigate the connnents that was 11 MR. MENGVITA: Let me ask Brian Lockley who
12 received froIll when the app licant met with the property 12 is -- he may be able to give more of a --
13 owners back in October 1 November and December. 13 COMMISSIONER THIBODEAUX: \vell attended,
14 The over lay district restrictions and 14 not well attended?
15 condi tion s are as fallows. The woods along the south and 15 MR. MENGVIT A; Yeah.
16 east boundary of the site will be preserved. A paralneter 16 COMMISSIONER STRANGE: Mr. Lockley.
17 fence with wrought iron appearance will be installed along 17 MR. LOCKLEY~ There \vas significant rnrnout
18 the paralneter of the site. Rows of shrubbery between tIle 18 at both meetings that I attended at the N orthlakcs
19 fence and the s idc\valk will be in sta lIed to obtain 19 Rec reation Center.
20 privacy. TIle developer and later an HOA \vill take 20 CO:\1:vIISSIO~ER THIBODEAUX: okay.
21 responsibility of that maintenance of the landscaped area. 21 MR. LOCKLEY: And the applicant did go over
22 In adcli tion, the exterior of the hOIue shall 22 the proposal and the overlay district. And a lot of
23 be of vitrified clay, brick or stone for all surfaces \vith 23 res idents, you know, really did have a lot to say, a bout
24 a direct load path to the foundation. In addition, the 24 what was being proposed.
25 following restrictions and conditions shall apply to 25 COMMISSIONER TIIIBODEAUX: okay. Thank you.
PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2007
Page 33 - Page 36
Condenselt Thl
Page 37 Page 39
I COMMISSIONER STRANGE; Any other questions 1 subdivision Parksidc Meadows and we think that, and hope
2 of staff! 2 you'11 agree that it t s far frolll ordinary. Now, \ve' re
3 CO:\1MISSIONER LYKE: well, then can I ask 3 providing a lot of neighborhood public space. And the
4 whether Brian feels that this application has addressed 4 neighborhood p u blie space is \vhere you talk with your
5 the questions and concerns of the neighbors who attended 5 neighbor. Thafs where you pick up your mail and where
6 the Ineeting? 6 you walk your dog.
7 COMMISSIONER STRANGE; I don't think your 7 Now, walking the dog is pretty ilnportant.
8 microphone is on, Dr. Lyke. S I \\'anted to show you just how important it is to some
9 CO:\1MISSIONER L YK.E: sorry. Do you want me 9 folks. Here's a guy walking a dog. And I think it must
10 to say it all over again? 10 be after the s now storm in Denver. If m not sure. And if
11 C011MISSIONER STRANGE: Yes, because I don't 11 you walk your dog sOlnetilnes you r 11 nleet other peap Ie.
12 think anybody heard that. 12 Maybe get a little rornancc with another dog owner, rill not
13 COM~1ISSIONER L YKE: So then, Brian, since 13 sure. But what we've done is we've decided to make the
14 you were at the meetings, do you feel as though this 14 strectscape, the street section a little biggcr~ The
15 app 1 i cation then meets the needs and addresses the 15 right-of.way is larger. The street is still the saIne, but
16 concerns of the neighbors who were there? 16 the space for the trees, which I tllink is very inlportant,
17 ~1R. LOCKLEY: A lot of the issues that were 17 that gives you bigger trees. Vle\'e ahnost doubled that
18 brought up at that meeting, I do feel were addressed or at 18 space. So we f ve lll0Ved that back and moved the sidewalk
19 least attempted to be addressed by this overlay. 19 back. Larger trees mean lllore shade. And I think that's
20 COMMISSIONER L YKE: okay. 20 hnportant, at least, in T exa s. We've got a bout 50 percent
21 MR. LOCKLEY: I know prior to that meeting 21 more space for tree roots to grow and that space will
22 there wasn t t or hadn r t been any discussion for an overlay, 22 postpone what I think is inevitable in a few places is the
23 and I think the app 1 ican t 0 [fered the overlay as a 23 rep lacernen t of sidewalks. I don t t -- this isn f t a great
24 concession to the neighborhood just to kind of, you know, 24 picture, but you can see that there's only about five feet
25 Initigate SOIne of their concerns in tenus of the elevations 25 for those trees there and that r s not quite enough.
Page 38 Page 40
1 and some of the other issues that had come up. 1 Now, one of the things that I'll just
2 COMMISSIONER STR~~GE: Any other questions? 2 mention, in our overlay, if you'11 notice that the house
3 Thank you, Mr. Mcnguita. \Vetil now open the public 3 on the left has got a little section that is devoid of
4 hearing. Is the applicant here and do they \vish to speak? 4 brick. Well, that won't happen in our neighborhood. We
5 MR. BARL.\.: Yes. We have a short 5 think that it t s kind of like if you buy a car, that they
6 presen ta tion. 6 put part of it in primer and didn't paint it all, it just
7 COMMISSIONER STRANGE: CaIne fonvard, 7 doesn't make sense. It was clearly only to save money.
8 please, and give us your nalne and addrcs s. 8 Now, here is a wall. And thi s is a -- I t In going to say
9 MR. BARIA: MY narne is Rick Baria and illY 9 probably a little distressing if you're walking by that
10 address is 5138 Edvlards Road. And if I could find the 10 road. It has about a 35, 40 lnile an hour speed linli t.
11 ic on to do this -- II You're right next to the street. The trees arc cTowded
12 CO~M[SSIONER STRA.NGE~ someone froIn staff, 12 and it's a little bit narrow. In fact, that little
13 p lease give SOIne assistance. 13 pie-shaped area terminates and the wall is only six feet
14 MR. DARIA: He's lllore COlnputer savvy I can 14 from the curb. I can imagine if somebody slalnmed their
15 see that. 15 brakes, you might be a little bit nervous there, you know.
16 MR. MENGUIT A: rm going to need SOllIe help 16 WaIls al so have a few prob leI.TIs. This one
17 here. This is not working. Actually, It m going to need 17 is beginning to fail. And this is in the saine
18 SOIne assis tanee. 18 neighbor hood, and it's not a very old one. \Vhere waul d
19 MR. BARIA: Yeah~ \vetre looking for that 19 you put the trees here? I guess we'd have to put them out
20 b Iue screen. 20 by the street. Now, this is more like what we t d like to
21 Thank you. Okay. I just Vl3nt to say that 21 do. And thi s is considerably more space. This is about
22 I was asked a bout, ob, 12 months ago, to design sOlnething 22 50 feet, which is what we're proposing. We plan to
23 where poop Ie would like to Ii ve. And it was put to Ole -- 23 provide quite a bit more shrubbcry~ And I just have to
24 des ign something where you would like to live and that's 24 ask the question here is there a wiggle in your walle
25 what wetve tried to do. Werve decided to call our 25 There certai nl y is in this one. Now, where we have the
PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2007
Page 37 - Page 40
CondenseIt'I'M:
Page 41 Page 43
1 entry is .... we propose to use brick because we think that 1 everything we can to mitigate the affects of our presence.
2 there will be more traffic there and we can do a nice 2 And I will say 1'111 a little surprised. to get a vote that t s
3 backdrop. So we'll probably develop sOInething along these 3 nega tive espec iaIIy if you' 11 notice in the upper
4 lines. 4 right-hand corner, I've made quite a bit of radius there
5 You know, real estate pcop Ie are always 5 so the peap le that are on the opposite s ide there~ would
6 saying, there t s three things you need to know. Yau 've 6 have plenty of visibility and that they would have a park.
7 heard it, location, location, location. Well, I ~'an t to 7 I gues s, it ",'as n · t enough.
8 ask the q ues tion, why are SOIne locations preferred? W ell~ 8 W ell~ anyway, I hope you' II think that what
9 thcrcrs reasons for that. SOIne people, if you have 9 \ve're doing is worthy. I do \va11 t to say this, local
10 children, schools are nnportant. If you COllunutc, maybe 10 builders arc local stakeholders and here' s a list. Brad
11 proxitnity to freeway i~ very ilnportant. Pleasant 11 Andres and Big Star Properties. He's our developer. Ed
12 neighbors, that's ilnportan t. En joyab Ie surroundings, 12 Austin with Elegant HOines. Dennis and Catherine Boots of
13 that's important. 13 Boots Construction. Diane Desllillonc, Dcracorc HOlnes. J aIm
14 W en~ as a developer, we can't do too ITIuch 14 Garrett with Plate Circle HaInes. Donny Mack with Beaver
15 a bout the first three, but we can provide pleasant 15 Builders. Jay Thomas with Heritage HOlnes. And of course~
16 en joya b Ie surroundings. Now, a bout the neighbors, you may 16 that's why he had to recuse hiulself.
17 have a young neighbor, kind of a cute little fellov./ ~ you 17 So I think you should consider that lac al
18 may have a spry neighbor. Or you might have SaIne of these 18 builders, local people are local stakeholders and if they
19 kind of neighbors, I dontt kno\v, but whatever kind of 19 say they're going to do sOlnething~ they're certainly a lot
20 neighbor you've got, you're going to meet then in the 20 more apt to do it than someone who doesn't live here.
21 public space. And that's the point I want to make that's 21 This develop men t will be near the center of
22 different about our subdivision. This is a nice garden, 22 Denton unlike most of them that we see today \vhich is on
23 and werre only about, I think, 200 yards [rolll the 23 the periphery. It's going to provide public recreational
24 cOlmnunity garden center. 24 improve1uents and it brings interest to that neighborhood
2S With Parks ide Meadows~ we're going to have 25 and several people in the neighborhood did~ frankly, amnil
Page 42 Page 44
1 wider parkways. Werre going to have park space. We're 1 to me that the neighborhood is to the point where as
2 preserving some of the woods. And we're going to have a 2 peep Ie get older theyt re going to -- they r re going to live
3 parameter trail. Now, this is one of the concepts that we 3 sOlnewhcrc else. They may die. The heirs may rent it out.
4 came up with. And I know it's di fficul t to gesture here, 4 And the neighborhood becolnes a rental and they donrt want
5 because I can't put my hand on here and show anything. 5 to see that. So I think if we have more activity over
6 But you can see that in the green, kind of the aqua green, 6 there, \ve can find buyers as they move out of their homes.
7 that's the flood plain, okay. And then the neighborhood, 7 So It m asking you to yes, approve the
8 which we call the Headlee and Northridgc neighborhood 8 zoning change for Parksidc Mea dOV'lS . IIelp us do sOInething
9 that's off to the right, and then to the south, of course, 9 far frolll ordinary. Thank you.
10 you've been briefed on what's there. 10 COMMISSIONER STRANGE: Thank you.
11 Now, down in the southeast comer, that is 11 MR. BARrA: should I retnain to answer
12 the best part of the trees. And this was a flIst attempt 12 qucs tions or may I s i t7
13 here, and then we went to another one that was a little 13 CO~fMISSIONER STRANGE: NO. Yau' 11 have an
14 more conventional. This one had lots that were more 14 opportunity at the end to come back and do that.
15 uniform and we had more response from builders. It 15 MR. BARIA: okay. Thank you.
16 doesn't look quite the saIne as the other one, but it's a 16 co;."r\tnSSIO~ STRANGE: okay. We do have a
17 variation on a thelne. SaIne here. And then finally, we 17 nwnber of cards on this ite1n. And 1'11 call your name.
18 did have Ifm going to say a fair nUlnber of people who 18 And when I do SO~ you can come down. And you t 11 actually
19 lived on Munosa Street since the entry had been Mimosa 19 have three minutes to speak. At the end of two minutes
20 that asked me to move the entry. 20 there will be a buzzer that goes off. That does not mean
21 Now, I want these people to be happy, so I 21 your tunc t s up. That mean s that YOll have one minute left
22 moved the entry. And thatts a decision if the City goes 22 so if you have 1\\'0 or three minutes left in your
23 along with it, thatts their decision. But you can see 23 presentation you need to shorten it down so you can fin ish
24 that we have COIne up with several different plans. We've 24 up at the end.
25 had a lot of discussions. We've done just about 25 The first one to speak ~- I'm not sure if
PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2001
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1 this Curry Robert or Corry Robert. 1 CO~\.1rSSIO:-ffiR STRANGE: Thank you for your
2 MR. ROBERT~ corry Robert. 2 COlnnlents. Next to speak is George KragIe.
3 COMMISSIONER STRA~GE: corry Robert. 3 MR. KRAGLE: My nalne is George Kragle and I
4 ~fR. ROBERT: \veil, thank you for letting me 4 live at 607 Mimosa. And I've been to most of the meetings
5 COIne down and speak here because1 yeah, there's a lot of 5 with the site designer for this project. And while I
6 us in tcrested in that part of town. And as they ,vere 6 would like to see it stay an R - 2, I agree it would be a
7 eluding to it's location, location, location. And, yeah, 7 good project and it should be given the R - 3 ,vi th the
8 the north side of Denton really needs sOlnething like this. 8 contingency that the entrance off of Hinkle is moved a
9 And I think these people are trying to develop a quality 9 half block north so it does not line up with MilTIOsa.
10 product and this is what werre here -- my reason for being 10 You're talking about 89 houses. Tbat's going to be about
11 here is for y~ all to say . You know a lot nIorc about thi s 11 180 cars. And so we're going to have a lot of traffic
12 than I do. They can say whatever and it doesn't mean a 12 going do\vn Mhnosa. And by moving it a half block north \ve
13 whole lot to me. But to have SOine area where the homes 13 can split this traffic through more of the subdivision of
14 are nice homes where people want to move there, live 14 Northridgc and Headlee. And so I approve of changing the
15 there; rIll talking about for 20, 30 years. Maybe as he 15 zoning, but only if we can shift that entrance a half
16 said, their children inherit it or sOlnething, maybe they 16 b lock north. Thank you.
17 want to live there: because we need sOlnething like that on 17 C011MISSIONER STRANGE: Thank you for your
18 the north s ide of Den ton. 18 conunents . Next to speak is Steve Stone.
19 I lived out on Meado\\7 Ridge. I' m sorry. I 19 MR. STONE: MY name is Steve Stone. I live
20 didn't mention it. I live on 1210 Meadow Ridge. And when 20 in Krwn. r m an area real estate broker.
21 I moved over there about 12 years ago, we moved there 21 CO~1MISSIONER STRANG E: \vauld you give us
22 because of the size of the lots. I Ii ved on the south 22 your addres s, p lease, for the record?
23 s ide of town, but we wanted a zero lot home, sOInething 23 MR. STONE: I'Ill sorry?
24 that would be easy to keep and that's what we found there. 24 COMMISSIONER STRA!\;"GE: Your address for the
25 It's a real good neighborhood. We've enjoyed the 25 record.
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neighborhood. The people1 rn have to say, are good 1
people. We r ve rea lly enjoyed that. And \'ve just want to 2
keep it that way. There t S one thing that I ~ d like to 3
mention and I think -- he's talking about the drainage or 4
the flood zone down there that because sometilncs that 5
di teh or creek or whatever -- pretty full of water and 6
that's going to be adcqua tely taken care of on down the 7
road where it will drain and not go over to IIinkJe. It 8
hadn't gotten over to Hinkle in I don't know 15 years, 9
probably. But to keep any flooding -- that's one of my 10
lllain concern s and just the quality of the homes ~ you know ~ 11
\vhat rIll talking about here, how they look and wbat the 12
neighborhood looks like. 13
I have a fceling that' s what they're trying 14
to do, but that's what \ve \vant done. So I appreciate your 15
tilnc here and con s ideration. And, yeah, Denton's growing 16
and werre for that. Werre not -- we don tt have any 17
prob It,..~n with that. We just want it to be .~ grow right. 18
And you said location, location, location and with the new 19
Presbyterian Has pi tal with the two univers ities right 20
there close by, the recreation center is close to town, 21
downtown, I'm talking about, and so I think it r s priIne 22
location for the north side of to\vn. And I'd like to see 23
it develop in a beautiful way that people love to live in. 24
Thank you. 25
Page 48
MR. STONE: oh, 6327 Freelnan Road in Knun.
COMMISSIONER STRAr\GE: Thank you.
MR. STO~E: And more than anything, I
partie ipated in thi s proces s on thi s particular tract and
really more than anything I know a lot of the people up in
the N ortIrridgc area in the neighborhood. And what Vle
really wanted to see was sOlnething that wa scamp lhnentary
to their neighborhood. The meetings that have been held
were really all for the objective of just seeing that
their needs were filet.
The des ign is sOlnething different than you
"'fill see ahnost anywhere because it was not done with a
total land consu111ption. It was done with the idea of wide
paths, a gateway in to the park Witll the trees. Rick, if
you know -- for those of you who don't know was the
chairman of the citizens group of the Tree Ordinance
COlmninee and he' s very green -thumb oriented. An)1hing
that he has anything 10 do with, you're going to have
gracious paths and you t re going to have landscape features
111at you \von' t see in other places.
Back to the objective for the neighborhood1
VlC selected a builder. I was morc instnnncntal in the
selection of the building group . We have D. bout seven
builders, one of which ""'auld be the developer, proposed
developer. He is not only a builder, but also a developer
PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2007
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1 and his objectives are the same as Rick's. Everybody 1
2 Vlants to see a slight upper end product being produced 2
3 there. We do not want starter hOlnes. There will not be 3
4 starter hOllies there. They will be all masonry 4
5 construction [ rOln the foundation up. 5
6 Yau can use non -masonry-type materials on 6
7 the two-story features that are not load-bearing. Just 7
8 more than anything I just wanted to say that my activity 8
9 on this project is now, I think, just the anniversary year 9
10 for three years. So rye been working on this in 10
11 different phases. The garden hOlues that Dr. Curry (sic) 11
12 just lllcntionoo, I was the assis tan t developer on those 12
13 garden hOlnes. I arranged that. I also marketed. those 13
14 garden hOllies on Meadow Ridge which is right across the 14
15 street froIn Good Sanlari tan. So I do have experience in 15
16 the neighborhood. They were a quality product and we want 16
17 to see this be one; too. Tha e s it. 17
18 COMM[SSIONER STR..\NGE~ Thank you for your 18
19 COlnments. 19
20 MR. STONE: Thank you. 20
21 CO~MISSIONER STRAu'iGE: Next to speak is 21
22 Avon Cline. 22
23 MS. CLINE: My name is A van Cline. I Ii ve 23
24 at 714 Mi1110sa Drive, Denton, Texas. 1'In another one of 24
25 those that says that the NR - 3 is fine. It is the location 25
Page 50
1 of the en try street off of Hinkle tha t is the bone of 1
2 contention. The developer has tried very hard to work 2
3 wi th us in moving that. Part of nlY concern, of course~ is 3
4 the increased traffic in a very~ very quiet neighborhood. 4
5 When we eras sHinkle -- right now, we don r t cross Hinkle. 5
6 And II inkle is a very hcav ily trafficked street right now 6
7 and when -- when we get a cross street there, I fear 7
8 proble1TIs with people running that stop sign. S
9 Also, poop Ie in our neighborhood do \valk 9
10 their dogs, do walk theITIselves for exerc i se, and \\'e do not 10
11 have any sidewalks, street-side sidewalks. An d so I' In 11
12 vcry~ very concerned about increased traffic because of 12
13 those that go out and enjoy our neighborhood by walking 13
14 the s treels. 14
15 There will also be ~~ I expect that if 15
16 MilTIOSa is extended straight aeras s Hinkle, that most of us 16
17 on Mimosa Street will be asking for a stop light or speed 17
18 bmnps if it is done that way. So we're hoping very much 18
19 that you will approve the plan that they have COlTIe up Wit11 19
20 that off sets the entry in bet\veen Mimosa and Magnolia. 20
21 ll1ank you. 21
22 COMMISSIO~~ER STRANGE Thank you very llluch. 22
23 Next to speak is J TIll Baird. 23
24 MR. BAIRD: Hello. rill Jim Baird. rye 24
25 lived in Denton for 40 years. 25
Page 51
COMMISSIONER STRANGE~ can we have your
address, please?
MR. BAIRD; I've lived at 703 Milllosa for 15
years. And I was sold that house by a personal friend who
pointed out to me that this is the -- Northridge is onc of
tile most des ira b Ie neighborhoods to live in in Denton. If
this project goes through, I don t t believe that will be
true anyrllore. Therefore, I I d like to speak in opposition
to it.
Several years ago there was a plan to put
160 houses on that acreage and that was turned down by the
Zoning Conunission on the basis that it would be too
diffcrcn t freIn N orthridge~ houses would not be the same.
Ninety units on the saIne space, I don't think is a
sufficient reduction. I think that the lots are too
sInaIl. There have been talk of wrought iron fences rather
than wooden fences. A lot -- an a wfullot of people are
crowded in there. \VitIl regard to the preservation of the
forest, I cantt really see that much is prescn"ed in any
of the plots that rye looked a~ any of the plans that
1've looked at. In fact, they ~ d have to be planting some
new trees if they're going to break any parksidc area s
there.
I'm also concerned about lac ation~
location, location because I do live on Mirllosa . Now, r d
Page 52
like to have tile nla p back again, if we could do that. Is
there a possibility of doing that?
COMMISSIONER STRANGE: Mr. Menguita.
MR. BAIRD: or can you just visualize this
for nle then? As \ve all know, the main north and SOUt11
artery of Denton is Carroll Boulevard. A lot of traffic
that approached that area frOlll Carroll Boulevard ha s the
choice of ei ther going down -- I don't want your plan. I
want the street plan.
MR. BARTA: \vell, thi s is the latest one.
MR. BAIRD: okay . Well, that r s not going
to do it. But, okay, ,"'ell, MiInosa does not intersect \vith
Carroll. Milllosa does intersect with Carroll. \lv'indsor
does not. Magnolia and N orthridgc do and Headlee does.
Anybody approaching that area from the south will have the
option of turning left on University Drive going down
heavily trafficked University Drive~ going through a stop
light~ turning right on lIinkle to get to that area. Now,
it's going to take everybody that lives there about 1 5
minutes to realize that if they go down Mimosa t11CY can
skip all of that.
If they leave the area they don t t \Va11t to
go down Hinkle and turn left on University Drive. That's
a difficult turn to nlake. So as a consequence even if the
-- the en trance to the area is offset to SaIne dcgrcc,
PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2007
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Mimosa is still going to catch all of the traffic. 1
They're not going to go one block north to ..- one-half 2
block north to Magnolia to go south. Theyr re going to go 3
down Mimosa at all tilnes. So that's a bad location for 4
us. 5
COMMISSIONER STRANGE: Thank you for your 6
conunents. Lessie Perry. 7
MS. PERRY: I'm Lessie Perry. I live at 8
720 Mimosa which is on the corner of Hinkle and Mitnosa 9
Street. I an1 concerned, of course, with the traffic 10
beea use r m going to get it. 1'111 right on the corner and 11
I unders taod llloving it a half a block will help. But we 12
are going to get that traffic down Minlosa Street. If I 13
were leaving there and wanted to go south, I would go down 14
MiInosa to Carroll and then acros s. I certainly would not 15
go Hinkle south and then have to go through Univers ily -- 16
hit University Drive. 1 7
~1y question is the street into -- oh, what 18
is it; Windsor, at one titne they had said they could not 19
cut a street into Windsor. Do I understand ytall are now 20
saying that you c an access this subdi vis ion from Windsor? 21
COMMISSIONER STRANGE: staff would need to 22
ans\ver that. 23
MR. LOCKLEY: well, his plans as they show 24
right no\,"" illustrate an access point frolll Windsor, but the 25
Page 55
MR. HARiA.: Yes, they have .- I guess I
need to corne to the mike.
COMMISSIONER STMh'"GE: \vell, why don t t \ve
do this. Why don r t \Vc -- you t re going to have a chance
to have a rebuttal and have your cormnents. I think what
you need to do now is collect all of the thoughts that
111CSC people bave and their questions. And then when it's
your turn to come back~ you' 11 be able to address those.
MS. PERRY: I know my tilTIC is up, but -~
COMMISSIONER STRAKGE: NO, no, you can
con tin ue.
MS. PERRY: The only other thing that I'm
.... well, one of the things that Pm concerned about is the
number of houses that they have -- are going to put in
because I had not heard 8 9 before tonight. That sounds
better than the 120 that I heard onc night when I went to
the Dleetings. The other concern I have is that the back
yards of all of those houses on IIinkle, I will be seeing
the back yards of all of those houses on Hinkle beea use
they will not be fac ing Hinkle. And our back yards are
never quite a s nice as the front yards that we have. And
I understand at one point be was going to put in iron
fences along there.
So I don't know if there would be
restrictions about theIn putting in their own wooden fence
Page 56
on the in side of those or not, but I am concerned about
what I'm going to see out of my kitchen window when I look
wcs t. Thank you.
COMMISSIONER STR.<\r-;GE: Thank you for your
conunen ts. I have one card marked for thi s item. It docs
not indicate if they wish to speak or not. It's Darby
Reinke.
MR. REINKE: I apologize.
COMMISS[ONER STRANGE: DO you wish to
speak?
MR. REINKE: Yes, I do. But I wasntt sure
if I v..as opposed to it or wanted to support it at the
time. As -- just as a ~~ I P m Darby Reinke. I live on 701
N orthridge in Denton. I was able to attend onc of the
meetings. I guess it was the Dee.ember -- it was either
the N ovem ber or December n1eeting and Rick pa sscd out the
overlay proposal and I guess I would say that I support
the rezoning to I"R - 3 but t11ere were a coup Ie of questions
tI13t I would like hilll to answer.
I also received an e-mail frolll hun which
then created a bunch of otller questions which were what do
you do \vith t\'Vo"story houses ? My original understanding
,^'3S they were going to be all brick. And then Mr. Stone
made S01l1C C0l1U11cn t about non load-bearing wa lIs did not
neces sarily have to be brick or stone or \vhatever. So I
PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2007
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location, the final location of that acces s point as well 1
as the one on l-Iinkle won't be detennined until the site is 2
actually platted, okay~ so 111e final alignrnent and tlle 3
10ca tion, if, in fact, to access it will be allowed -- 4
will be during the platting process. 5
MS. PERRY: But it is possible to open up 6
that street, because atone time you could not open up a 7
street on to Windsor [roIn where it \vas at one tilllC because 8
they -- there was a discussion about that. You f re telling 9
me that now you can. 10
MR. LOCKLEY: Right. I don t t -- I can t t 11
speak to the engineering of thi s right now. 12
MS. PERRY: "veIl, who could, sir? 13
MR. LOCKLEY: \vhat I'm telling you is that 14
this point won't be determined until if -- once the si tc 15
is platted. 16
MS. PERRY: So we won't know until if s 1 7
platted? \'l e t re just going to have to approve this and 18
hope for tile best. 19
MR. LOCKLEY: what we can do is -- I don f t 20
know if~ Mr. Menguita, if you've been a part of any of 21
those discussions with engineering or anything yet, but 22
you know, right now what he's showing or I gues s I will 23
pose that question to the applicant, has the engineering 24
department reviewed this ac cess p oin t on to Windsor Drive? 25
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1 would really like to be sure that the houses are all brick 1 be taken over by the HOIllcowncr's Assoc.iation for
2 or stone and there isn't backer board or anything like 2 maintenance once this gets developed ratIler than a wall,
3 that on there. 3 which is going to break. I don f t care where you go in the
4 And; you know, rd also like possibly that 4 area, either here, go to Fort Worth where I've lived
5 the chitnneys be bricked, also. I know there are a lot of 5 before. The walls are going to break. \\!he's going to
6 very expensive homes that do not have brick chimneys. But 6 maintain the1n? I think that would enhance the appearance
7 all the houses in that area are brick, you know. So 7 of the C onununi ty. Those are the tvvo main things tba t I
8 really ~ I gues s, in general; as long as everything is put 8 have. I would be for the proposal if tllose iteIns are
9 into an overlay that ,ve disc.ussed before, I would be in 9 calTicd with the developrnent. Thank you.
10 support of it. With SOIne of the questions on here that 10 COMMISSIO!'\TER STRA.~GE: Thank you. Vle also
11 then came up after reading the e-mail; I gues s frOITI what 11 had several people who responded by mail and these \'vill be
12 1'vc heard, I would still support it. We're just Inainly 12 filed appropriately with the Planning Staff to be
13 concerned that the traffic tried to be kept to a IninilnU1ll 13 reflected in the record. We will not read through all of
14 because of what was said before and that the integrity of 14 those in public. Okay. That is all of the cards. Is
15 the neighborhoods in I-Ieadlee and Northridge are nlaintained 15 there anyone else here who wishes to speak or has a
16 in this -- in thi s new subdivis ion, which the proposal 16 cOITIll1ent? Mr. Baria, do you ha va al1yt1ling you'd like to
17 there appears that it pro ba b ly \vould. So I want to thank 17 say in rebuttal? Well, COIne fonvard and if s your turn.
18 y r all very much for your tunc. 18 MR. HARIA: And I wi sh to say that if s not
19 CO:\1MISSIONER STR.\NGE: Thank you. I have 19 really in rebuttal. I jus t \\'ant to focus people's
20 other cards. I have two in oppos i tion. I will read 20 attention on the different layouts that we've done. This
21 those. One is froln Hatice Salih, 300 Northridge, Denton. 21 is the latest one and then I' ill going to lllQVe to the
22 They're opposed of the serene character of the 22 others. That's our first one. I think this -- this one
23 neighborhood. Headlee Addition will be lost unles s 23 was nrunber!\va and this was nUlllbcr three. youtll notice
24 develoPlnent is lilni ted to mature adult living. 24 that we have a walking paralllctcr around every one of them
25 The next card in oppas ition is frorll J. 25 and landscaping is an iInportant part of this development.
Page 58 Page 60
1 Engelbrecht, 2305 Bowling Green. Current zoning NR-2 is 1 In fac~ the distance from tlle curb back to the back yard
2 perfcctly consistent with the surrounding neighborhoods. 2 fence is over 50 feet in every case.
3 The last card frolll Wendy Robbins, 601 3 And up here, wetre about 150 to 170 feet
4 Milnosa is in support. Let's do the proper thing and think 4 [roIu the comer. And we envision supplying quite a number
5 about the look of nice landscaping. That's all of the 5 of shrub s. We will irrigate theIll. We will take care of
6 cards that I have for this item. Is there anyone else 6 them. And then I think probably in about three years,
7 here who wishes to speak? 7 \ve'11 turn it over to HOlneo~er t s As sac iation. And \ve
8 MR. ZOMNIR~ I filled out a card. 8 believe that this is going to be better for wildlife. It
9 COMMISSIONER STRANGE: okay. COll1e fonvard 9 vi/ill be better for the neighborhood. It \vill be more
10 and give us your nanle and address. 10 attractive. You won t t be walking out next to the road.
11 ~. ZOf\.fl\.'lR: MY nalue is Paul ZOlnn ir. I 11 And it ""ill be a lot lTIore attrae tive to wind back and
12 live at 709 Mimosa. As you can tell, most of the people 12 forth amongst trees that wetre going to plant.
13 that are expressing their opinions are on :rv1imosa so we do 13 Now, this section down here has sonIC trees,
14 ha ve a concern a bout traffic. 14 lllQSt of them up here~ there's an DC cas ionallarge tree.
15 The wa main things in all of the proposals 15 but most of them are pretty scrub by. And then back in
16 for the layout of the conununity are nmnber one, offsetting 16 this area right in here, it r s mostly very thorny brush and
17 tha t street at MilTIOSa so it does n ' t go straight through 17 poison ivy, and we' 11 re111QVe those, of course. But wet re
18 for traffic. And if it can rt be offset for \\'hatcvcr 18 going to try to save as much a s we can. TIle best trees
19 reason, then I'm again s t the proposal. If it can be 19 are over here. And I even know that there r s a few Red
20 offset, I would be for it, but also consider SOIne speed 20 Oaks here. I v./alked the property and I'm pretty familiar
21 bump s on the existing streets in the neighborhood of 21 with it. But some of the q ues tions that I did want to
22 Mimosa. I can t t relTICffi ber what some of the other streets 22 addres s, one was the number of houses. We' ve ah~lays
23 are. 23 figured on anyvlhere betvleen 88 to about 92. And \ve're
24 The other thing is, is instead of having a 24 currently at a bout 90. If we put in another street, it
25 wall around the C olmnuni ty, have the shrubbery vlhich will 25 \vill cost us n10rc llloncy. And \ve might get a few more
PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2007
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1 houses, but we think the profit will go dovln. So this is 1 but some have --
2 why we want to stick with this. Thank you. 2 MR BARIA: Yes. There are~ I think~ 1:\vo
3 CO~MrSSlONER STRA.NGE; okay. With that, 3 or tlrrce houses that have their front drives off of
4 we'll close the public hearing. Mr. Watkins. 4 Hinkle. But I don't think they have a rear drive off of
5 COMMISSIO~<rER WATKINS: May I speak with the 5 Hinkle. I believe that there is one area where there is
6 developer again? 6 an alley. I may be lllistaken.
7 CO~M(SSIONER STRA.NGE: YOU sure can. Mr. 7 COMMISSIO~ER WATKINS: But that would be
8 Baria, would you come back to the podimn, please? 8 ilnportant, I would think to the neighborhood.
9 MR. BARIA: Yes, Mr . Watkins. 9 MR. BARIA: Yes, you're right. And,
10 COMMISSIONER \VATKI!\~S: I have a couple of 10 obviously, Minlosa is nnportant to the people who live on
11 question s~ if you don t t mind. I think one that ,vas raised 11 Mllnosa.
12 was whether or not the hOltleS -- 12 COMMISSIONER WATKINS: oh, sure. Sure.
13 COMMISSIOKER STRA!\~GE: Your mike's not on. 13 TIle other thing that concerns nle and you didn r t addres s it
14 Youtve got static for some reason. Could you -- why don't 14 and I notice on this, you don't have the drainage u or
15 you -- could you pull Dr. Lyke's microphone? 15 you show a picture of the drainage out of north --
16 MR. BARIA: If you want, rll COIne over 16 Northlake, but it doesn't COlne through your developlnent.
17 closer. 17 It goes -- welt the garden area is further west. But Iny
18 COMMISSfONER STRANGE~ why don't you just 18 point is you are going to create drainage, and you do
19 pull Dr. Lykets over and use it? 19 realize what happens down -- down creek, so to speak, at
20 COMMISSIO!'\"ER Vol A TKIKS: oh, okay. 1'm sorry 20 Denton Center and so forth. And I' In sure you have that in
21 for the delay. There was SOlne concern about the houses 21 mind as you plan thi s?
22 being all brick or stone. 22 MR. BARIA: Yes, sir. I probably should
23 MR. BARIA: oh, yes. Well, the way -- 23 say, first, that these plans arc conceptual and they're
24 COMMISSIONER WATKn,~S: I thought you could 24 not engineering plans.
25 clarify that. 25 COMMISSIONER \VATKI!'\'S: sure. Sure.
Page 62
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MR. HARIA.: I'm sorry. I should have
rClllClll bered that and thank you for re.ninding me. The way
that it t S worded, it says that if there's a direct load
pa th for brick to be allowed that brick must be -- or
vitreous brick, clay hard-fired brick or stone IllUSt be
used. Now the reason it doesntt say every vertical
surface is because we have surfaces that are triln, dormers
and that sort of thing and naturally you wouldn't hang
s tone or brick up on the dormer or the triIn. So that's
why I didn r t put every vertic al surface. And I originally
wrote it that way, but S0111Cbody caught that and s ays~ hey,
you know, yourve made a mistake here. And oh~ yes, okay.
So if there f s a load path and a way to put brick there
will be brick there.
COMMISSIONER \V ATKINS: okay. Another
question Vlas offsetting the street on to Ilinkle ..-
MR. BARIA: Yes.
COMMISSIONER W A TKI~S; .. and that's
importan~ but sOInething that's very iInportant to me, S DIlle
of the houses on Hinkle Drive in the present neighborhood,
their driveway backs or drives out on Hinkle, so you
wouldn't put a street right aeras s the street frorn a
garage or drive\\'Tay, would you?
MR. BARIA: NO, I wouldn f t.
COMMISSIO~ER WATKINS: Not all of theIll do,
Page 64
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MR. BARrA: And I did visit with an
engineer and we went over the topography and the likely
areas where the drainage would be. I do happen to know,
for instance; that I can only drain -- I can only add ten
percent additional flow to the street in front. Nov-l,
tl1atrs ten percent of the flow that's already there.
COMMISSIONER W ATKIr\'S: Yes.
MR. BARIA: okay. And I know that mast of
it drains to the southwest and it drain s down to the
creek.
COMMISSIONER WATKINS: Yes. And crosses
Hinkle and by Good Sanlaritan and then under Denton Center.
MR. BARIA: Exactly.
COMMISSIO};ER WATKINS: okay. 111ank you
very nluch.
MR. BAR IA: Sure.
COMMISSIOh'"ER STRANGE: Thank you, ?vir.
Baria. Okay. The public bearing is closed. Do we have a
illotion on this itC1TI? Dr. Thibodeaux.
COMMISSIOh~ER THIBODEA.L'X~ I think before
the motion, I think there was a question that wa sn 't
addressed concerning Windsor Street access that he started
to answer but I donrt know if it was ever answered.
COMMISSIONER STRA.NGE: \vell, I think staff
ans\vered that and as Mr. Baria said, and I think we want
PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2007
Paae 61 - Paoe 64
o b
Condenselt D.1:
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Page 65
to point this out for the entire audience. lbis is a 1
zoning case and this is siInply a zoning doculnent. The 2
location of any street either on Windsor or on Hinkle is 3
not going to be determined by the zoning document. It's 4
going to be deterlnined when they start forward with the 5
engineering. 6
So there will be no impact on the decision 7
the Planning and Zoning COlnmission has that these are or 8
not the locations of the street. I'll clarify that again. 9
This is a zoning doculnen t. It is not an engineering 10
docwnent. By the tilne the engineering staff at the City 11
gets finished with 1\1r. Haria, they will be di ctating where 12
the streets are and not him, and you realize that? 13
MR. BARIA: Yes, sir, I realize that. 14
COMMISSIONER STRA... 'fGE~ And good luck. 15
MR. DARIA: Thank you. 16
COMMISSIONER STAANGE: Dr. Thibodeaux, do 17
you have anything else? 18
COMMISSIONER THIBODEAUX: That's all. That 19
was my understanding. I just thought some of the 20
questions raised needed to have that -- 21
COMMISSIONER STRANGE: Well, I was going to 22
clarify that when we got to the discussion stage, because 23
I felt it' s iInportant to state that because there was -- 24
there were several COlmnents Inade about that, but, again, 25
Page 66
our action s are not going to be indicative of an }1hing 1
that has to do with street locations. Ii's just the use 2
of the property. Do we have a motion on this ite1n? 3
COMMISSIONER EAGLETON: Mr. Cha innan. 4
COMMISSIONER STRANGE: Yes, sir. 5
COM!vIISS[ONER EAGLETON: I have a COl1ll11cnt, 6
then a motion. My motion is going to be to -- to approve 7
this zoning change, but the cOlmnen~ just so it's on 8
record is -- is that I really do hope that through 9
engineering and legal that we can work out some kind of 10
way that this street can be offset to Mllnosa. And that 11
there is an acces s to Windsor Drive on the north side of 12
that. And my motion is that we would approve the zoning 13
change. 14
COMMISSIONER STRANGE: okay. Vv~e have a 15
motion by Mr. Eagleton. Do we have a second? 16
COMYJISSIONER ANDERSO~: second. 1 7
COMMISSIOS'ER STRA.NGE: \Ve have a second by 18
Ms. Anderson. Any dis cussion? 1'd like to say that I r ve 19
been here -- this is four years for me. I think tllis is 20
at least the second time or third tilue \ve've had thi s 21
property here and we've seen everything froIn NR-6 and 160 22
something houses down to the current proposal. And I 23
recognize this is not a perfect vt/orId and if you can't get 24
everything that all of you would like to have there on the 25
Page 67
opposite side of Hinkle, but it appears to me that Mr.
Baria has taken into account a lot of your concerns. And
that the nU1uber of units here is not maxing out the
property and therefore, rill going to be voting for it.
Any other C0l11111ents? Okay . We have a motion and a second.
So if you would, please vote. Somehow we're not
registering. I think it may be because Mr. Thomas is not
here to vote. Mr. 1110mas is abstaining from the voting on
111is. And the motion does pas s 6-0 . We can bring Mr.
ThoInas back.
Wetll now move on to the next itenl -- rll
tell you what. We'll give you just a quick second to let
everyone else leave tIlaf s going to. I think while the
audience changes out bern'een items, we f II take a very
short break and we f 11 be back in -- at ten after 8 :00.
(Break taken.)
CO~1MISSIO~R STRANGE: If you would take
your seat, please. Okay. Vie are going 10 reconvene the
meeting if I could have your attention, please.
Before \ve go to the next i teJ.n, I want to
just be carer ul of -- on the last iteITI to clarify one
thing. That pub lie hearing was written up in our backup
material and in all of the information we had to be
su bject to the: over lay. Bu t that h I did not hear that
as a part of the nlotion so I just ,vant to clarify n 111-.
Page 68
Eagleton, that you included the overlay in your illotion and
Ms. Anderson that you had that in your second.
COMMISSIONER EAGLETON: Yes. The overlay
\\,Quld be included in that motion.
COMMISSIONER STRI\~GE: okay. And for the
second. I just \van t tlJa t for the record so there t s not
any future ques tion about the overlay. And if you c an get
11r. Tholnas back.
PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2007
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o .0
S :\OUT Documents\Ordinances\07\Z06-OO 14.doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) TO A NEIGHBORHOOD
RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 30 ACRES,
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF HINKLE DRNE AND
WINDSOR STREET AND LEGALLY DESCRIBED AS SITUATED IN THE CITY OF
DENTON, DENTON COUNTY TEXAS, BEING A TRACT OF LAND IN THE N. H.
MEISENHEIMER SURVEY, ABSTRACT NO. 810 AND THE ROBERT BEAUMONT
SURVEY, ABSTRACT NO~ 31 AND BEING A PORTION OF THAT CERTAIN TRACT
CONVEYED TO RA YZOR INVESTMENTS LTD., AS TRACT ONE OF SECTION 5, IN
DEED RECORDED IN VOLUME 1796, PAGE 601 OF THE REAL PROPERTY RECORDS
OF DENTON COUNTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTNE DA TE~ (Z06-00 14)
WHEREAS, Rick Baria has applied for a change in zoning for approximately 30 acres
from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 3 (NR-
3) zoning district classification and use designation: and
WHEREAS, on January 10, 2007, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning;
and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan
and the Development Code; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district classification and use designation for 30 acres of land
described in Exhibit "A", as tract of land situated in the city of Denton, Denton County Texas,
being a tract of land in the N. H. Meisenheimer Survey, Abstract No. 810 and the Robert
Beaumont Survey, Abstract No~ 31 and being a portion of that certain tract conveyed to Rayzor
Investments Ltd., as Tract One in Section 5, in deed recorded in Volume 1796, Page 601 of the
Real Property Records of Denton County, which is attached and incorporated for all purposes
herein (the "Property"), is hereby changed from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential 3 (NR-3) zoning district classification and use
designation, with an overlay district containing the following restrictions and conditions:
a. The woods along the south and east boundary of the site will be preserved.
b. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a
decorative finial at the corner of each lot will be installed along the perimeter of the site.
The setback of the fence will be 50' minimum from the existing curb. Rows of shrubbery
between the fence and sidewalk will be installed to obtain privacy. The distance from the
fence and back of sidewalk will be a minimum of 12-feet. The developer, and later an
H.O.A., will take responsibility for maintenance and irrigation of the approximately 3-
acre perimeter landscape area.
c. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay
brick or stone for all vertical surfaces with a direct load path to the foundation.
d. The following restrictions and conditions shall apply to single-family detached homes:
o Street right-of-way shall be a minimum of 56 feet.
o Parkway width shall be a minimum of 9 feet.
o Sidewalk width shall be a minimum of 5 feet.
o Front yard setback shall be a minimum of 15 feet.
o Side yard setbacks shall be a minimum of 6 feet.
o Rear yard setback shall be a minimum of 10 feet, except for Rear Entry Garages.
o Rear yard setback shall be a minimum of 20 feet if garages are accessed through
the rear of the property.
o Front Entry Garages shall be setback 12 feet from the front most wall of that unit.
o Three-car Garages shall not face the street.
Notwithstanding the above real property description, the property being rezoned includes all
property to the centerline of all adjacent street right-or-way.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification and use designation.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _ day of
, 2007.
PERRY McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M~ NYD~R, CITY AT Y
/1
(
Exhibit A
DESCRIPTION OF PROPERTY SURVEYED
SITUATED in the city of Denton, Denton County Texas, being a tract of land in the N~ H~ MEISENHEIMER
SURVEY, Abstract No. 810 and the ROBERT BEAUMONT SURVEY, Abstract No. 31 and being a portjon of
that certain tract conveyed to Rayzor Investments Ltd., as Tract One in Section 5, in deed recorded in
Vorume 1796, Page 601 of the Real Property Records of Denton County, and said tract being more fully
described as follows:
BEGJNN[NG at the northwest corner of Lot 1, Block 1, Gateway Addition, as shown on plat thereof
recorded in Cabinet K, Slide 238, of the P[at Records of Denton County for the southwest corner of a
remainder of said Rayzor lnvestments Tract One in the east Hne of that certain Tract III conveyed to the
City of Denton by deed recorded in Volume 695, Page 669, of said Real Property Records, said point
being on a curve whose center bears North 82 degrees, 44 minutes, 43 seconds West, 2293.00 feet, and
from said point a 1/2" iron rod found in place bears North 88 degrees, 36 minutes, 20 seconds West, 0.30
foot;
THENCE northerly with said curve and with said east line of City of Denton Tract III for the west line of
said Rayzor tract remainder, passing the northeast corner of said City Tract III and the southeast corner
of that certain Tract t conveyed to the City of Denton by said deed recorded in Volume 695, Page 669,
and continuing with the east line of said Tract I and said curve~ in aU a distance of 948.72 feet to a "RPLS
1640" capped 5/8"iron rod set for the northwest corner of said Rayzor tract remainder, in the
southeasterly line of that certain tract conveyed to the City of Denton as Tract J by deed recorded in
Volume 697, Page 207 of said Real Property Records;
THENCE North 46 degrees, 19 minutes, 50 seconds East, with the northerly line of said Rayzor tract
remainder and said southeasterly line of City Tract l in Volume 697, Page 207, at 16.45 feet passing an
uRPLS 1640" capped 5/8H iron rod set for reference, crossing the existing pavement of Windsor Drive, a
publicly maintained roadway, continuing in all 104.66 feet;
THENCE North 71 degrees, 38 minutes~ 30 seconds East with the common line of said Rayzor tract.
remainder and said City Tract I in Vofume 697, Page 207, again crossing said Windsor Drive pavement, in
all 737.20 feet to the west corner of that certain tract conveyed to Rayzor lnvestments by Correction
instrument recorded in Volume 3441, Page 883, of said Real Property Records;
THENCE with the northerly and east Hnes of said Rayzor Investments tract for southerly and west lines of a
remajnder of said City Tract I recorded in Volume 697, Page 207, the following courses and distances:
North 60 degrees, 38 minutes, 10 seconds East, 177.67 feet to the beginning of a curve
whose center bears South 29 degrees~ 21 minutes, 50 seconds East, 484.52 feet;
easterly with said curve 231.94 feet to an HRPLS 1640H capped 5/8" iron rod set for the
end of said curve at the northeast corner of said Rayzor tract described in vorume 3441,
Page 883; and~
South 0 degrees, 53 minutes, 45 seconds West, 24.43 feet to the southeast corner of said
Rayzor tract described in Volume 3441 ~ Page 883, in the southerly line of said City Tract 1
in Volume 697, Page 207;
THENCE North 71 degrees, 38 minutes, 30 seconds East with said southerly line of City Tract I recorded il'")
Volume 697, Page 207, 15.37 feet to a southeast corner of said City Tract I in the existing pavement of
Hinkle Drive, a publicly.-mointained roadway; .
THENCE North 0 degrees; 53 minutes, 45 seconds East with the east line of said City Tract I in said Hinkle
Drive pavement; 29.97 feet to the southwest corner of that certain tract of land conveyed to the City of
Denton as Tract 1 in deed recorded in vorume 1163~ Page 216, of said Real Property Records;
THENCE South 89 degrees.. 00 minutes, 30 seconds East, 18.82 feet to the southeast corner of said City
Tract 1 recorded in Volume 1163, Page 216, in the east line of said Reyzor Investments tract and in the
occupied center of said Hinkle Drive;
THENCE with the said east line of Rayzor Investments tract and said occupied center of Hinkle Drive..
South 1 degree, 17 minutes, 30 seconds West, 1282.43 feet, and South 0 degrees, 55 minutes~ 25 seconds
West, 146.72 feet to the southeast corner of said Rayzor Investments tract from which point a UH&Nn
capped 1/2" iron rod bears North 88 degrees, 36 minutes, 20 seconds West, 32.77 feet;
THENCE North 88 degrees~ 36 minutes~ 20 seconds West wjth the south line of said Rayzor Investments
tract remainder, at 30 feet passing the northeast corner of said Lot 1, Block 1, Gateway Addition and
continuing with the north line of said Lot 1, 1078.45 feet to the PLACE OF BEGINNING, and containing
30.7036 acres {l,337,448 square feet}, of which 0.5298 acre (23,080 square feet) ties within the probable
limits of Windsor Drive (based on Windsor Drive being an 80 foot wide right-af-way and the existing
pavement being the eastbound (south) lanes of a divided roadway, and 0.9759 acre (42,510 square
feet) lies within Hinkle Drive (based on one-half of a 60 foot wide right-of- way), leaving a net area of
29.1978 acres (1 ~271 ~858 square feet).
THIS DESCRIPTION PREPARED TO ACCOMPANY A SURVEY MAP OF THE DESCRIBED PROPERTY
meis779ja
AGENDA INFORMATION SHEET
AGENDA DATE:
February 6, 2006
DEP ARTMENT:
Parks and Recreation
Howard Martin, 349-823~
ACM:
SUBJECT
Consider adoption of an ordinance changing the name of Civic Center Park and declaring an
effective date. (Parks, Recreation and Beautification Board recommends approval 7-0).
BACKGROUND
Several Denton citizens have approached the City Council with a request to rename Civic Center
Park. Prior to becoming a city park the area was called Quakertown, a neighborhood of primarily
African American citizens. The citizens were relocated in the 1920's to allow the City of Denton
to construct Civic Center Park. The renaming request is being made to help recognize the
historical significance of the property and the sacrifices made by the original property owners.
Mike Cochran and Fred Hill attended the November 6, 2006 Parks, Recreation and
Beautification Board meeting to formally request changing the park name to Quakertown Park.
In accordance with the Parks and Recreation Department's Parks and Facilities Naming Policy, a
committee was named to review the request and make a recommendation to the Board. Signs
were posted in the park for 45 days announcing the request for the name change. In addition, the
renaming request was listed in the Parks and Recreation column in the January 4,2007 Denton
Record Chronicle.
During the 45day comment period 11 emails and 5 telephone calls were received. Of the
combined 16 contacts, 14 were in favor of the name change and 2 stated they felt changing the
name of the park would cause confusion with citizens and visitors to the city. At their January 8,
2007 meeting, the Parks, Recreation and Beautification Board recommended the name of Civic
Center Park be changed to Quakertown Park.
OPTIONS
City Council may approve the name change recommended by the Parks, Recreation and
Beautification Board, select a different name, or request the Parks, Recreation and Beautification
Board submit an alternative name.
RECOMMENDATION
Staff recommends Council approve the Parks, Recreation and Beautification Board
recommendation.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
The Parks, Recreation and Beautification Board recommended approval of this name change at a
meeting on January 8,2007 with a vote of7-0.
FISCAL INFORMATION
To minimize financial impact the name change on printed materials and maps will be made as
current stock is depleted. Changes to the park signs will cost approximately $100.
BID INFORMATION
None available.
EXHIBITS
1. Ordinance
2. Parks and Recreation Naming Policy
3. Minutes
Respectfully submitted,
~ ""' '~J,Rj~'"
::. :. .''''', '," "-"" " "~ ,h~,,, t__; ",' ',;" ::'", > ';,'j '':-c _ ;:::,
, ,.~.1Jm",~, ~ - "'-_'"",, ",'
Emerson V orel
Interim Director
S :\Our Documents\Ordinances\07\Renaming of Ci vie Center Park.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RENAMING THE CIVIC CENTER
PARK, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton desires to rename the Civic Center Park, in accordance
with the Park and Facilities Naming Policy; and
WHEREAS, the chairperson for the Parks and Recreation Board appointed a committee
to develop a recommendation for renaming the Civic Center Park; and
WHEREAS, the naming committee proposed that the Civic Center Park be renamed
"Quakertown Park"; and
WHEREAS, the Parks and Recreation Board recommends that the Civic Center Park be
renamed "Quakertown Park"; and
WHEREAS, the City Council has determined that the recommendation complies with the
policy and guidelines regarding the naming of parks and park facilities and has also determined
that it would be proper and fitting to rename the Civic Center Park "Quakertown Park"; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Civic Center Park shall now and hereafter be known and designated as
"Quakertown Park".
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2007.
PERR Y R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY A TIORNEY
Exhibit 1
Park and Facilities
Naming Policy
1. Purpose:
a) Establish general guidelines and procedures for the naming of parks and recreation
facilities.
b) Provide name identification for individual parks.
c ) Provide name identification wherever appropriate for special buildings, structures,
facilities, areas/gardens.
d) Provide for citizen input into the process of naming parks and facilities as
enumerated above.
e) Insure control of the naming of parks and facilities by the Parks and Recreation
Department and City Council through the recommendations of the Parks and
Recreation Board.
2. General Guidelines:
a) Park property may be named after streets, geographical locations, historical figures,
events, concepts, or local, State or National leaders. Park property may also be
named for individuals or groups where major donations of land, funds or other
exceptional contributions toward the development, maintenance and/or operation of
a park or facility have been made by the nominated individual or group.
b) With the exception of major donations, parks and recreation facilities shall not be
named for living persons. In cases involving the names of local community leaders,
the following guidelines shall apply:
1) the nominated individual shall have made exceptional contributions to
Denton parks and recreation and/or the community;
2) there shall be a clear and demonstrated consensus for the nominated name.
c) Parts or areas within a park or recreation facility may be given a name which is
different than the park or building. Such parts or areas may include (but are not to
limited to) gardens, playgrounds, athletic fields, structures, swimming pools and
meeting rooms. Names for such facilities shall be established by the same guidelines
and procedures applied to parks and buildings.
Exhibit 2
d) The naming of a park, a facility or parts of a park or facility shall not be accepted as a
condition of donation, unless the value of the donation exceeds $15,000 or 51 % of
the total project cost, whichever is greater. Improvements valued at less than
$15,000 will not be affixed with names.
e) Once a name has been established, the Director of Parks and Recreation will be
responsible for the installation of appropriate signage and markers within a
reasonable time.
f) Contributions which do not merit naming and which are valued at less than $15,000
and comprise less than 51 % of the project cost may be recognized. Gifts which are
valued at greater than $500 and comprise at least 25% of the project cost may be
recognized by plaque or marker. At the request of the donor, the Parks and
Recreation Department will provide the plaque or marker for contributions of $2,500
or greater. Such recognition for contribution of less than $2,500 must be provided by
the donor. All plaques and markers shall meet the specifications of the Parks and
Recreation Department.
Should a recognition plaque or marker require replacement, such replacement shall
be the responsibility of the original provider of the marker or plaque.
3. Name Changes:
a) Requests for name changes may be considered by the Parks and Recreation Board.
The aforementioned guidelines for naming a park or facility shall generally apply to
name changes.
b) In reviewing a request for a name change, the Board will give special consideration
to any legal agreements or authorized written promises which were made when the
original name was established.
c) If a change is requested in the name of an existing park or facility, such request will
not be acted upon by the Board until a sign stating the request has been posted on
the affected property for a period of 45 days. The sign should direct comments to the
Director of the Parks and Recreation Department.
4. Procedures:
a) Names for new parks shall typically be established within 90 days from the date of
land acquisition. The name of new buildings shall be established prior to the
completion of construction. Names for parts or areas of parks and facilities may be
established at any time.
b) The chairman of the Parks and Recreation Board shall name a committee that will be
responsible for recommending a name for all park lands and facilities to the Board.
c) The committee shall be responsible for research, study, and recommendation of a
proposed name to the Board. Rationale for the selection of the recommended name
shall be given in writing. Any recommendation which involves the name of a person
shall include the following:
. a biographical or informational sketch;
. rationale supporting the nomination;
. the name(s) of the person(s) or supporting group(s) responsible for the
nomination.
d) The Parks and Recreation Board shall approve or disapprove of the name
recommended by the committee.
e) If the committee's recommendation is disapproved by the Board, then the matter may
be referred back to the committee for further action.
f) All recommended names for such facilities must be approved by a majority vote of
the members of the Parks and Recreation Board.
g) Upon approval, the recommended name shall be forwarded to the City Council for
their consideration and final decision.
1
2
3 Parks, Recreation and Beautification Board
4 Minutes
5 January 8, 2007
6 Civic Center Conference Room
7
8 Members present: Teresa Andress, Carol Brantley, Allyson Coe, Dale Conway, Reggie Heard, Jo
9 Kuhn, and Ross Richardson. Staff present: Emerson Vorel, Bob Tickner, Amanda Green, and
10 Donna Bush.
11
12 Chairwoman Teresa Andress called the meeting to order at 6:03 p.m.
13
14 Approval of Minutes of December 4, 2006 - The minutes stood as written.
15
16 ACTION ITEMS:
17 1) Renaming of Civic Center Park - Emerson V orel presented and discussed the emails and
18 phone calls he received regarding the name change from Civic Center Park to Quakertown
19 Park.
20
21 Ross Richardson commented that he would still prefer the name be changed to Quakertown
22 Park in Civic Center Park but since that was not an option, he recommended the name be
23 changed to Quakertown Park.
24
25 Jo Kuhn stated that she has concerns about the name change being viewed as a specific race
26 or group.
27
28 MOTION: Jo made a motion to recommend the name change from Civic Center Park to
29 Quakertown Park. Dale Conway seconded the motion and it passed with a vote of 7 -0.
30
31 Emerson V orel stated that the City Council would vote on the name change at their January 23rd
32 meeting.
33
34 Amanda Green informed the Board that the closing events for the Sesquicentennial celebration are
35 scheduled for January 30, 2007 from 4 to 8 p.m.
36
37 Jo asked Amanda how the REC Passes were working and Amanda told her that the majority of
38 people were pleased to see that we are trying to keep track of people that are in the building.
39
40 DIRECTOR'S REPORT
41 Project Status Report - Bob said that eight (8) companies have replied to the RFP for the Senior
42 Center expansion project.
43
44 An engineer is now on board for the Avondale Park Bridge project. FEMA is doing a flood
45 study that will be useful. We are looking to put it out to bid in late March or early April.
46
January 2007
Exhibit 3
1 The final touches are being done on the Civic Center Pool Enhancements project. It will be
2 ready for the 2007 swim season.
3
4 The MLK Kitchen renovations completion date has been moved up. An architect needs to be
5 hired so an RFP will be written.
6
7 Cedar Street Streetscape project is proposed to start in March. Bob did receive a complaint from
8 the Record Store about the sewer.
9
10 The Prairie/Robertson Rail Trail Bridge project will not be funded with federal funds. Need to
11 decide whether to reapply for federal funding or move forward with project to construct the one
12 bridge at Milepost 722 between Prairie and Robertson Streets.
13
14 There being no further business, a motion to end the meeting was made by Jo with Ross
15 seconding the motion. The meeting was adjourned at 6:45 p.m.
January 2007
AGENDA INFORMATION SHEET
AGENDA DATE:
February 6, 2007
DEP ARTMENT:
Planning and Development Diiiartment
Howard Martin, 349-8232 ~ ..
ACM:
SUBJECT A06-0002 (Corinth Substation Annexation)
Consider adoption of an ordinance on second and final reading to voluntarily annex approximately 1.9
acres into the corporate city limits of the City of Denton, Texas. The property is generally located in
the southeastern area of the City of Denton's extraterritorial jurisdiction (ETJ) 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. The Planning and Zoning Commission recommends the
annexation proceed as presented (7-0).
BACKGROUND
Applicant:
Masterplan
Dallas, TX
A voluntary annexation proceeding is being considered by the City of Denton for the Corinth
Substation. In accordance with the City's Annexation Policy Plan, approved in June 1993, the City
will "access on a case by case basis" the annexation of areas in the ETJ when significant
developments are proposed.
. The applicant, Masterplan, petitioned the City for the voluntary annexation of approximately
1.9 acres of land into the City. The applicant is proposing to construct an electrical substation
for TXU.
. On September 12, 2006, staff received direction from the City Council to proceed with the
annexation.
. The City of Denton issued a letter of intent to property owners for annexation on September
15, 2006.
. On October 5, 2006, neighboring property owners were notified of the voluntary annexation
with an "intent to annex" letter and official public hearing notification. To date, staff has
received no letters in support or in opposition from property owners within 200' of the
proposed annexation area. (See Attachment 4).
. The City Council has held two public hearing on October 17,2006 and October 24,2006.
. On October 25, 2006 the Planning and Zoning Commission voted to recommend the
annexation proceed as presented.
. The Comprehensive Plan identifies this area to be within Neighborhood Centers land use
designations.
OPTIONS
1. Proceed with the annexation.
2. Amend the land area proposed for annexation.
3. Amend the Service Plan.
4. Discontinue annexation.
RECOMMENDATION
Staff recommends approval of the annexation ordinance on second and final reading.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
City Council Work Session
Intent to Annex Notification Mailed
1 st CC Public Hearing
2nd CC Public Hearing
P&Z Public Hearing
1 st reading of the Ordinance
Ordinance publication
September 12, 2006
September 15,2006
October 17, 2006
October 24,2006
October 25, 2006
November 14,2006
November 18, 2006
FISCAL INFORMATION
Development of this property will increase the assessed value of the city. It will require no short-term
public improvements that are the responsibility of the city.
EXHIBITS
1. Service Plan
2. Service Analysis
3. Location Map
4. Notification Map
5. Annexation Schedule
6. P&Z Minutes
7. Ordinance
Prepared by:
~
Supriya Chewle, Planner II
Respectful~?, submitted:
Brian Lockley, AICP
Interim Director of Planning and Development
EXHIBIT 1
CITY OF DENTON ANNEXATION PLAN FOR
A06-0002 - Corinth Substation
I. AREA ANNEXED
The annexation area is located in the southern portion of Denton's Extraterritorial
Jurisdiction and contains approximately 2 acres generally located on Teasley Lane
and Old Alton Road.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government
Code, Sections 43.021, 43.065, and 43.065(b)-(0) (Vernon 1999, as amended).
Municipal facilities and services to the annexed area described above will be provided
or made available on behalf of the City in accordance with the following plan. The
City shall provide the annexed tract the levels of service, infrastructure, and
infrastructure maintenance that are comparable to the levels of service, infrastructure,
and infrastructure maintenance available in other parts of the city with similar
topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, and Animal Control
Police service, including patrolling, response to calls, and other routine
functions, will be provided to the property upon the effective date of the
annexation using existing personnel and equipment. Code enforcement
and animal control services will also be provided to the property upon the
effective date of the annexation.
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency
medical services will be provided to the property upon the effective date
of the annexation. The estimated emergency response time in this area is
3.5 minutes, which is similar to responses for surrounding properties
within the city limits. The City of Denton will provide emergency
medical services ("EMS").
C. Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and
accepted by the City of Denton and/or Denton County shall be maintained
by the City of Denton on the effective date of the annexation. Installation
and maintenance of street signs, street lighting and traffic control devices
will be maintained by the City of Denton on the effective date of the
annexation.
D. Parks and Recreation Facilities
Parks and recreational facilities in the area to be annexed will begin upon
the effective date of the annexation according to the 2000 Parks and
Recreation Master Plan. No parks are currently located within the
proposed annexation area. Denton neighborhood park facilities are within
reasonably close distance of the proposed annexation area. Residents of
the proposed annexation area will be able to use existing City of Denton
park and recreation facilities and programs.
E. Library Services
Library services will be made available on the effective date of the
annexation on the same basis and at the same level as similar library
facilities are maintained throughout the city.
F. Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available
on the effective date of the annexation on the same basis and at the same
level as similar facilities are maintained throughout the City. Both
services are provided on a "cost recovery" basis, and permit fees offset the
costs of services delivered. Incomplete construction must obtain building
permits from the Building Inspections Department of the City of Denton.
G. Planning and Development Services
Planning and development services will be made available on the effective
date of the annexation. The Planning and Development Department
currently services this property by way of administration of the Denton
Development Code, concerning subdivision and land development
regulations.
City Council adopted The Denton Plan, the city's 1999-2020
comprehensive plan, by Ordinance 99-439 on December 7, 1999. The
Future Land Use Plan addresses both land in the city and its ETJ, and the
subject tract is within the Neighborhood Centers land use designation. The
Denton Plan designates future land uses to manage the quality and
quantity of growth by organizing the land use patterns, by matching land
use intensity with available infrastructure, and by preserving floodplains
as environmental and open space corridors. The Denton Plan will be used
as a basis for final zoning classifications after the properties are annexed.
IV. UTILITY (RATEPAYER) SERVICES
A. Solid Waste Collection
The City of Denton is the exclusive residential and commercial solid
waste service provider in the City. The Department is an entirely fee
based operation and received no resources from taxes. Solid waste
2
collection service will be provided to the property upon the effective date
of the annexation using existing personnel and equipment. To receive
solid waste collection service, the customer must contact the City of
Denton Customer Service Office and submit a request/application for
serVIce.
B. W ater/W astewater Facilities
Maintenance of water and wastewater facilities in the area to be annexed
that are not within the service area of another water or wastewater utility
will begin upon the effective date of the annexation using existing
personnel and equipment. City of Denton 24-inch pressure force main
exists in the annexation area. Additional water and sewer lines are located
along the boundaries of the annexation area. The City shall provide a
level of water and wastewater service, infrastructure, and infrastructure
maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the city with
topography, land use, and population density similar to those reasonably
contemplated or projected in the area.
C. Drainage Services
Drainage maintenance will be provided to the property upon the effective
date of the annexation. The City shall provide a level of drainage services,
infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available
in other parts of the city with topography, land use, and population density
similar to those reasonably contemplated or projected in the area.
D. Electrical Services
Denton Municipal Electric is certified by the State and is obligated to
provide electric utility service to the annexation area should a request be
made by a property owner. Electric utility service will be made available
on the effective date of the annexation on the same basis and at the same
level as similar facilities are maintained throughout the city. Denton
Municipal Electric is the current electric service provider for this site.
V. OTHER SERVICES
Other services that may be provided by the City, such as municipal and
general administration will be made available on the effective date of the
annexation. The City shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the
City with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
3
No new construction of additional water, sewer, street, and drainage facilities
is contemplated within the annexed area as a result of this annexation because
the annexed area on the date of annexation will have a level of full municipal
services equal to other areas within the City having similar characteristics of
topography, land use, and population density. Thus, no construction of public
improvements is contemplated as a result of this annexation that would begin
within two and a half (2 ~) years after the effective date of the annexation.
The City shall consider construction of other public improvements as the
needs dictate on the same basis as such public improvements are considered
throughout the City for areas having similar characteristics of topography,
land use, and population density.
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full
municipal services to each area of the City, including the annexed area, if
different characteristics of topography, land use, and population density are
considered a sufficient basis for providing different levels of service.
VIII. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the
service plan shall be at the discretion of City Council.
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this service
plan unworkable or obsolete. The City Council may amend the service plan to
conform to the changed conditions or subsequent occurrences pursuant to
Texas Local Government Code, Section 43.056 (Vernon Supp. 2000).
4
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Fire
1. Fire and Emergency Medical Services can be provided to the area from station(s)
# Q, located at Teaslev at Lilian Miller.
2. Estimated response time. 3.5 minutes
3. Appropriate response time in the City. 5 minutes
4. Is a new fire station approved in the CIP that could serve this area? No If yes, what is
the CIP program year?
5. Will a new fire station be requested in upcoming CIP proposals to serve this area?
. If yes, when should this station be operational?
6. Total estimated funding for equipment, employees and/or facilities needed to serve this
area strictly based on annexation and proposed development.
N/A
7. Please comment on the cumulative impact of annexation and development.
At what population level would another fire station facility be required? N/A
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? N/A
Is there an accepted fire fighter to population ratio that can be used for planning
purposes? N/A
Additional Comments:
This area is already serviced by the Fire Department. No negative impact anticipated.
Rick Jones/Fire Marshal
Sept. 15, 2006
Person to contact if there are questions
Date
1
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Parks and Recreation
1. What neighborhood park and recreational facilities are currently serving this area or are
capable of serving this area if annexed and/or developed (federal, state, or local)?
None are within the proposed annexation. Since this site is not planned for
residential development, the annexation will not have any negative impact on
Park and Recreation services. Current area residents will be able to use existing
City of Denton parks, facilities and programs.
2. What projects and/or equipment will be needed to adequately serve this area if annexed
and/or development based on the parks and recreation master plan or similar
standards? N/A
Neighborhood Parks:
2.S acres per 1 ,000 population.
S acres minimum size.
(bv Developer) cost per acre.
Other faci I ities
Community Parks:
3 acres per 1 ,000 population.
30 acres minimum size.
cost per square foot.
3. How much additional funding will be needed for maintenance if additional park facilities
are developed to serve this area?
N/A cost per acre.
N/A cost per square foot.
4. How many additional personnel would be needed to properly serve this area if annexed
and developed?
N/A additional personnel per 1 ,000 population;
N/A additional personnel per 1 ,000 square feet of facility; or
N/A additional personnel per acre of park.
5. Service Standards:
0.5 to 0.7 FTE additional personnel per 1 ,000 population (dependinq on type of service)
N/A cost per additional personnel
Additional Comments:
Since this site is not planned for residential development, the annexation will not have
any negative impact on Park and Recreation services.
Bob Tickner
9/20/2006
Person to contact if there are questions
Date
2
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Police
1. Estimated average response time for this area based on current department conditions:
Priority ~ minutes
Non-priority 17 minutes
Average 10.5 minutes
2. Appropriate average response time in the city based on current department conditions:
Priority ~ minutes
Non-priority 17 minutes
Average 10.5 minutes
3. If annexed and developed as proposed will additional personnel be needed as a specific
result of this proposal? NO. If yes, how many? What type?
4. Will additional equipment and funding be needed to serve this area? NO. If yes, what
type?
5. Will a police substation or other facility be needed to serve this area as a result of
annexation and development? NO. If yes, when should the new facilities be
operational?
6. Please comment on the cumulative impact of annexation and development.
At what population level would another police facility be required? N/A
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? No
Is there an accepted officer to population ratio that can be used for planning purposes?
1.79 Officers per 1.000 citizens
Additional Comments:
Lt. Lenn Carter
9/26/06
Person to contact if there are questions
Date
3
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
library
1. Estimated additional funding needed strictly based on proposed annexation and
development. $0.00
2. Please comment on the cumulative impact of annexation and development. With the
planned expansion of the South Branch library, the cumulative impact of
annexation and development should not hamper library services.
3. At what population level would another library facility be required? 131.738
4. Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes. 7.35 is the national sample mean for circulation per capita
5. Is there an accepted employee to population ratio that can be used for planning
purposes? Yes. 2712.31 is the national sample mean of population per FTE total
paid staff.
6. At what population level would another library facility be required? 131.738
Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes. 7.35 is the national sample mean for circulation per capita.
Is there an accepted employee to population ratio that can be used for planning
purposes? Yes. 2712.32 is the national sample mean for population per FTE total
paid staff.
If annexed, can anticipated service demands be met using existing materials, facilities,
and personnel? Yes.
If not, how many additional employees and what type of facilities and materials will be
needed to provide services? N/A
Additional Comments:
Eva Poole, Director of libraries
26 September 2006
Person to contact if there are questions
Date
4
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Solid Waste
1. Is residential solid waste service available to the proposed area for annexation? Yes
2. Is commercial solid waste service available to the proposed area for annexation?
Yes
3. What is the estimated cost to provide this area with solid waste service?
Equipment and Maintenance. N/A
Personnel. N/A
4. What is the typical revenue collected per:
Household.
Contact Customer Service, 940-349-8069, for cart
rates and sizes.
Dumpsters and Roll-Off containers are available.
Commercial Business
5. Will additional equipment be needed to serve this area if annexed or developed?
Type of Equipment. No
Cost of Equipment. No
6. Will additional employees be needed to serve this area if annexed or developed?
Type of Employees. No
Number of Employees. No
7. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? N/A
Is there an accepted equipment to population ratio that can be used for planning
purposes? No
Is there an accepted employee to population ratio that can be used for planning
purposes? No
Additional Comments:
We can serve the area immediately; during construction and on a permanent basis
following construction.
S.Lebsack
9/19/06
Person to contact if there are questions
Date
5
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Electric Utilities
1. What is the distance to, location of, and size of the nearest City of Denton electric line?
DME facilities are at the site.
2. What type of lines and facilities would be required to serve this area?
None
3. Are any new lines or facilities proposed for construction to serve this area?
None
4. Are there any potential responsibilities if this area is annexed?
None
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning
purposes?
Additional Comments:
Don McLaughlin (940) 349-7119
9/5/2006
Person to contact if there are questions
Date
6
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
WaterlWastewater
1. What is the nearest City of Denton water line?
Size of water line. 8 inch
Location of water line. Teasley Lane
Distance from proposed annexation. 250 feet
2. What is the nearest City of Denton sewer line?
Size of sewer line. 12 inch
Location of sewer line. South of Old Alton Road
Distance from proposed annexation. 250 feet
3. According to the City of Denton master plan what type of lines and facilities would be
required for this area and when are those lines and facilities proposed for construction.
Size Year Location
Water lines N/A
Sewer lines N/A
4. Are there any City of Denton lines included in the proposed annexation?
Existing 24-inch sewer force main from Hickory Creek Lift Station
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning
purposes?
Additional Comments:
The existing 24-inch sewer force main located within the property carries wastewater
flow from the entire Hickory Creek sewer basin. Any future construction activity shall
not adversely impact this existing sewer force main and all construction shall be
outside the easement for this line.
Tim Fisher, Assistant Director Water
P. S. Arora, Assistant Director Wastewater
9/25/2006
Person to contact if there are questions
Date
7
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Enaineerina and Transportation
1. What existing roads, bridges and other transportation facilities will be impacted by this
proposed annexation and development in terms of needed improvements or upgrades?
Name and location
None
Tvpe of Improvement
Approximate Cost
2. Are any of these improvements presently scheduled to be done at state or federal
expense? No. If yes, please identify facility and anticipated date improvements will
beg in.
3. Please list any drainage improvements that may require local funding, and include
estimated cost (if no specific improvements can be determined, please make general
comments concerning drainage).
4. Will additional equipment and facilities be needed as a specific result of this annexation
and development? No. If yes, what type of equipment or facility?
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? N/A
Is there an accepted equipment to population ratio that can be used for planning
purposes? N/A
Is there an accepted employee to population ratio that can be used for planning
purposes? N/A
Additional Comments:
It should be noted that the property to the south "the JR Marriot - Old Alton Business
Park" parcel has dedicated the ROW for Old Alton Road so as to have the curves
substantially increased such that the new alignment of Old Alton will no longer be
adjacent to this property. As parcels are platted in the "park", common access through
it to the Substation parcel will be required. The improvements are being managed by
Denton County Public Works Christopher Steubing, P.E. Director of Public Works
Denton County 1505 E. McKinney Street Suite 175 Denton, TX 76209 940.349.2960 ph
Bud Vokoun
9/26/2006
Person to contact if there are questions
Date
8
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Denton Independent School District
1. Education services are currently provided by:
2. If annexed, can anticipated service demands be met using existing materials, facilities
and personnel?
3. If not, how many additional employees and what type of facilities and materials will be
needed to provide services?
4. Estimate additional funding needed strictly based on proposed annexation and
development.
5. Will projected school taxes from this development provide that additional funding?
6. Please comment on the cumulative impact of annexation and development.
7. At what population level would other school facilities be required for the City of Denton?
8. Is there an acceptable employee to population ratio that can be used for planning
purposes?
Additional Comments:
Person to contact if there are questions
Date
9
Exhibit 3
Location Map
A06-0002
N
A
Legend
Annexation Site
City Limits
Exhibit 4
Notification Map
A06-0002
ct
~
~
~
N
A
Legend
Annexation Site
200 FEET NOTIFICATION
500 FEET NOTIFICAITON
City Limits
EXHIBIT 5
Proposed Annexation Schedule
A06-0002 - Corinth South Substation
Notices to Intent to Annex (30 day prior to 1 st PH) will be send on September 15th.
Tuesday, 10/17/06
City Council conducts first public hearing.
. Public notice must be no less than 10 days and no more than 20
days before public hearing.
o Annexation Study prepared and available for public review.
o Service Plan prepared and available for public review.
Tuesday, 10/24/06
City Council conducts second public hearing. (Special Called
Meeting)
. Public notice must be no less than 10 days and no more than 20
days before public hearing.
VVednesday, 10/25/06
Planning and Zoning Commission public hearings - make a
recommendation to City Council regarding the proposed
annexation and zoning
Tuesday, 11/14/06
City Council by a four-fifths vote institutes annexation
proceedings. (Special Called Meeting)
First reading of annexation ordinance.
. Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing.
Sunday, 11/18/06
Ordinance published
. The ordinance cannot be acted upon until at least 30 days after
publication.
City Council by a four-fifths vote takes final action. Second
reading and adoption of the annexation ordinance. City Council
considers approval of zoning request.
. Council action must be more than 30 days after publication of
ordinance and less than 90 days after council institutes
annexation proceedings (adopts ordinance on 1 st reading). The
second reading of the ordinance and zoning approval could be
held any time between December 19,2006 and February 13,
2007.
Tuesday, 12/19/06
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
Government Code requires that City Council institute annexation proceedings (1 st Reading of the
Ordinance) more than 20 days after the second City Council public hearin2: but less than 40
days from the first City Council public hearin2:_
- 1 -
Page 57 Page 59
1 COMMISSIONER STRANGE: The next item which 1 today and we're -- we're looking at that; yes.
2 is 5E has been pulled from the Agenda by the applicant. 2 COMMISSIONER W A'IKINS: Thank you.
3 We'll go to 5F, which is a voluntary annexation and 3 MR. COTHRUM: SO when we file something or
4 service plan of approximately 169 acres at the junction of 4 -- it actually may be after we file something, we may have
5 Teasley Lane and Old Alton Road. Mrs. Chewle. 5 to revise the development plan and wefU move fonvard on
6 MS. CHEWLE: The applicant master plan 6 that.
7 petitioned the City for a voluntary annexation of 7 COMMISSIONER STRANGE: staff.
S approximately 1.9 acres of land into the City. The 8 MS. CARPENTER: Mr. Chairman, just let me
9 applicant is proposing to construct an electric substation 9 clarify. At last night's public hearing at the Council,
10 for TXU. The property is generally located in the 10 COWlcihnember Montgomery pointed out that there was a
11 southeastern area of the City of Denton f s extraterritorial 11 historic activity that occurred on this site and requested
12 jurisdiction, on Teasley Lane and Old Alton Road, legally 12 of the applicant to consider whether or not they would
13 described as a part of 5.41 acre tract of land situated in 13 assist in the placement of a historic marker on the site.
14 the J~C. Baker Survey. Abstract 47, Denton County, Texas. 14 And applicant has indicated bjs willingness to negotiate
15 The remaining 3.5 acres -- 3 ~51 acres are within the city 15 that as we go through this proces s. It' s not a factor in
16 limits and are zoned Neighborhood Residentia12. The 16 the annexation really, directly.
17 triangle that's in pink is the one that is to be annexed. 17 COMMISSIONER STRANGE: Any other questions
18 The whole ..- the property that is proposed for the TXU 18 of the applicant? Thank you very much.
19 Electric Substation is this whole triangle here. The area 19 MR. COTHRUM: Thank you.
20 proposed for annexation is within our ETJ. The 20 COMMISSIONER STRA.NGE: We have no other
21 comprehensive plan identifies this area to be within 21 cards on this item. Is there anyone else who wishes to
22 neighborhood centers land use designation. On September 22 speak? If not, wetll close the public hearing. Do we
23 12~ 2006 ~ staff received direction from City Council to 23 have a motion on this item?
24 proceed with the annexation. 24 COMMISSIONER WATKINS: Move we proceed on
25 On October 17th, 2006, Denton City Council 25 schedule.
Page 58 Page 60
1 held the first of the two public bearings and on October 1 COMMISSIONER THIBODEAUX: second.
2 24th, 2006~ second Denton City Council public hearing was 2 COMMISSIONER STRANGE: We have a motion by
3 held~ Staff recommends that the public hearings proceed 3 Mr. Watkins, and a second by Dr. Thibodeaux. Any
4 as scheduled finding that the need to manage and 4 discussion? Please, vote. The vote passes 7-0.
5 coordinate development in an orderly manner is a 5
6 significant city objective that the City of Denton will 6
7 pursue. IT you have any questions I will take them now ~ 7
8 COMMISSIONER STRANGE: AnY questions of 8
9 staff? We will now open the public hearing and I guess 9
10 the applicant is the City -- 10
11 MS. CHEWLE: NO. 11
12 COMMISSIONER STRANGE: IS the applicant 12
13 here and do they wish to speak? 13
14 MR. COTHRUM: Dallas Cothrnm, 900 Jackson 14
15 Street, Dallas, Texas representing TXU Electric delivery. 15
16 I'll be happy to answer any questions you might have. 16
17 COMMISSIONER STRANGE: AnY questions of the 17
18 applicant? Mr. Watkins. 18
19 COMMISSIONER WATKINS: Thank you, Mr~ 19
20 Chairman. Were you aware of the request that was made 20
21 about the historical plaque .... 21
22 MR. COTHRUM: Yes, I talked to -- 22
23 COMMISSIONER WATKINS: d and whether or 23
24 not -.. 24
25 MR. COTHRUM: I talked to Ms. Carpenter 25
Con den selt 1M
PLANNING & ZONING REGULAR SESSION, OCTOBER 25, 2006
Page 57 - Page 60
S :\Our Documents\Ordinances\06\A06-0002.doc
EXHIBIT 7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
1.9 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED IN THE SOUTHEASTERN AREA OF THE CITY OF DENTON'S
EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY 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, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0002)
WHEREAS, Pursuant to Section 43..061 of the Texas Local Government Code, et seq.,
home rule cities are authorized to annex areas that are not required to be in an annexation plan;
and
WHEREAS, on or about October 25, 2006, the Planning and Zoning Commission
recommended approval of the annexation; and
WHEREAS, the City Council finds that the Property contains fewer than 100 separate
tracts of land on which one or more residential dwellings are located on each tract; and
WHEREAS, this annexation is voluntary and is being made under Subchapter C-l of
Chapter 43 of the Texas Local Government Code; and
WHEREAS, the City Council finds that all required notices were given in the time and
manner required by law; and
WHEREAS, public hearings before the City Council were held in the Council Chambers
on October 17, 2006, and October 24, 2006, (both days being on or after the 20th day but before
the 40th day of the date of the institution of the proceedings) to allow all interested persons to
state their views and present evidence bearing upon this annexation; and
WHEREAS, annexation proceedings were i~stituted for the property described herein by
the introduction of this ordinance at a meeting of the City Council November 14,2006; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on November 18, 2006, after annexation proceedings were instituted and
30 days prior to City Council taking final action, as required by City Charter; and
WHEREAS, the City Council finds that the annexation will allow the city to ensure
development consistent with The Denton Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 3~ The service plan, a copy of which is attached hereto and made a part
hereof by reference as Exhibit "B" (the "Service Plan") which provides for the extension of
municipal services to the Property, is approved as part of this ordinance. The Service Plan was
made available for public inspection and explanation to the inhabitants of the area being annexed
at the above described public hearings.. ..
SECTION 4. Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully
annexed regardless of whether any other part of the Property is declared not to be lawfully
annexed into the City. If any part of the Property is already included within the city limits of the
City of Denton or within the limits of any other city, town or village, or is not within the City of
Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as
if the excluded area were expressly described in this ordinance.
SECTION 5: This ord-inance shall become effective immediately upon its passage and
approvaL
PASSED AND APPROVED this the _ day of
, 2006.
PERRY MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY,
BY: .
APPROVED AS TO LEGAL FORM:
EDWIN SNYDER, C RNEY
2
EXHIBIT "A"
BEING a 1..90 acre tract of land situated in the I..e. Baker Survey, Abstract No. 47, Denton
County, Texas, and being part of a called 5.41 acre tract of land described in deed from J.W.
Roach and wife, Margaret Earline Roach, to Jimmy W.. Roach and wife, Brenda Kay Roach, as
recorded in Volume 544, Page 510 of the Deed Records of Denton County, Texas, (D.R.D.C.T..),
and being more particularly described as follows:
BEGINNING at a point in the present city limit line, said point being at the southernmost
intersection of the west line of the tract described in Ordinance No. 87-119 and the east line of
the tract described in Ordinance No.. 88-175, and being in the west line of said Baker Survey, the
west line of said 5.41 acre tract and the east line of the Gregory and Kathleen Pollock Addition,
an addition to the City of Denton recorded in Cabinet L, Page 139, Plat Records, Denton County,
Texas, said point also being 250 feet southwesterly of and parallel to the centerline of Farm to
Market Road No. 2181, and being on a curve to the left having a radius of 1395.91 feet and
whose chord bears South 44 degrees 29 minutes 06 seconds East, a distance of 626.04 feet;
~
THENCE Southeasterly, departing the west lirie of said Baker Survey, the west line of said
Roach tract and the east line of said Pollock Addition, and along said line 250 feet southwesterly
of and parallel to the centerline ofF"M.. 2181 and with said curve to the left and the westerly line
of said tract described in Ordinance No.. 87-119, through a central angle of 25 degrees 54 minute
59 seconds, an arc distance of631.41 feet to a POillt on the south line of said 5.41 acre tract and
the south line of said Baker Survey;
THENCE South 89 degrees 00 minutes 59 seconds West, departing said line parallel to the
centerline of F ..M.. 2181, and along the south lines of said Baker Survey and said 5.41 acre tract,
passing at a calculated distance of 320..02 feet an angle point in the east line of said tract
described in Ordinance No. 88-175, and continuing along said south lines and said east line, in
all a total distance of 430.02 feet to a 'l2-inch iron rod found for the southwest comer of said 5.41
acre tract and the southwest comer of said Bak~r Survey;
THENCE North 01 degree 06 minutes 02 seconds West, along the west lines of said Baker
Survey and said 5..41 acre tract and continuing.along the east line of said tract described in
Ordinance No. 88..175, passing at a call distance of70.2 feet the southeast comer of said Pollock
Addition, and continuing along said east and west lines, in all a total distance of 454,,10 feet to
the POINT OF BEGINNING AND CONTAINING 82,762 square feet or 1.900 acres of land,
more or less.. '
3
LOCATION MAP
4
EXHIBIT "B"
CITY OF DENTON ANNEXATION PLAN FOR
A06-0002 - Corinth Substation
I. AREA ANNEXED
THE ANNEXATION AREA IS LOCATED IN THE SOUTHERN PORTION OF
DENTON'S EXTRATERRITORIAL JURISDICTION AND CONTAINS
APPROXIMATELY 2 ACRES GENERALLY LOCATED ON TEASLEY LANE AND
OLD ALTON ROAD~
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021,43.065, and 43~065(b)-(o) (Vernon 1999, as amended). Municipal facilities
and services to the annexed area described above will be provided or made available on
behalf of the City in aCCOrdaIICe with the following plan. The City shall provide the annexed
tract the levels of service, infrastructure, and infrastructure maintenance that are comparable
to the levels of service, infrastructure, and infrastructure maintenance available in other parts
of the city with similar topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, and Animal Control
Police service, including patrolling, response to calls, and other routine functions,
will be provided to the property upon the effective date of the annexation using
existing personnel and equipment Code enforcement and animal control services
will also be provided to the property upon the effective date of the annexation~
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency medical
services will be provided to the ,property upon the effective date of the annexation.
The estimated emergency response time in this area is 3.5 minutes, which is
similar to responses for surrounding properties within the city limits~ The City of
Denton will provide emergency medical services ("EMS").
c. Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and accepted
by the City of Denton and/or Denton County shall be maintained by the City of
Denton on the effective date of the annexation. Installation and maintenance of
street signs, street lighting and.. traffic control devices will be maintained by the
City of Dell ton on the effective date of the annexation~
D. Parks and Recreation Facilities
Parks and recreational facilities in the area to be annexed will begin upon the
effective date of the annexation according to the 2000 Parks and Recreation
,.5
Master Plan. No parks are currently located within the proposed annexation area.
Denton neighborhood park facilities are within reasonably close distance of the
proposed annexation area. Res~dents of the proposed annexation area will be able
to use existing City of Denton park and recreation facilities and programs.
E. Library Services
Library services will be made available on the effective date of the annexation on
the same basis and at the same level as similar library facilities are maintained
throughout the city.
F. Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available on the
effective date of the annexation on the same basis and at the same level as similar
facilities are maintained throughout the City. Both services are provided on a
"cost recovery" basis, and permit fees offset the costs of services delivered.
Incomplete construction must obtain building permits from the Building
Inspections Department of the City of Denton.
G. Planning and Development Services
Planning and development services will be made available on the effective date of
the annexation. The Planning and Development Department currently services
this property by way of administration of the Denton Development Code,
concerning subdivision and land development regulations.
\
City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan,
by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses
both land in the city and its ETJ, and the subject tract is within the Neighborhood
Centers land use designation. The Denton Plan designates future land uses to
manage the quality and quantity of growth by organizing the land use patterns, by
matching land use intensity with available infrastructure, and by preserving
floodplains as environmental and open space corridors. The Denton Plan will be
used as a basis for final zoning classifications after the properties are annexed.
IV. UTILITY (RATEPAYER) SERVICES
A. Solid Waste Collection
The City of Denton is the exclusive residential and commercial solid waste
service provider in the City. ~he Department is an entirely fee based operation
and received no resources from taxes. Solid waste collection service will be
provided to the property upon the effective date of the annexation using existing
personnel and equipment To r~ceive solid waste collection service, the customer
must contact the City of D~nton Customer Service Office and submit a
request/application for service.
B. WaterlWastewater Facilities
6
Maintenance of water and wastewater facilities in the area to be annexed that are
not within the service area of another water or wastewater utility will begin upon
the effective date of the annexation using existing personnel and equipment City
of Denton 24-inch pressure force main exists in the annexation area~ Additional
water and sewer lines are located along the boundaries of the annexation area.
The City will pro\ride a level of water and wastewater service, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the city
with topography, land use, and population density similar to those reasonably
contemplated or projected in the area~
c. Drainage Services
Drainage nlaintenance will be provided to the property upon the effective date of
the annexation.. The City will provide a level of drainage services, infrastructure,
and infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructm:e maintenance available in other parts of the city
with topography, land use, and population density similar to those reasonably
contemplated or projected in the area.
D. Electrical Services
Denton Municipal Electric is certified by the State and is obligated to provide
electric utility service to the annexation area should a request be made by a
property owner~ Electric utility service will be made available on the effective
date of the annexation on the same basis and at the same level as similar facilities
are maintained tlrroughout the city~ Denton Municipal Electric is the current
electric service provider for thi~ site.
~ OTHER SERVICES
Other services that may be provided by the City, such as municipal and general
administration will be made available on the effective date of the annexation. The
City shall provide a level of servi~es, infrastructure, and infrastructure maintenance
that is comparable to the level of services, infrastructure, and infrastructure
maintenance available in other parts of the City with topography, land use, and
population density sirnilar to those reasonably contemplated or projected in the area~
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, sewer, street, and drainage facilities is
contemplated within the annexed; area as a result of this annexation because the
annexed area on the date of annexation will have a level of full municipal services
equal to other areas within the City having similar characteristics of topography, land
use, and population density. Thus, no construction of public improvements is
contemplated as a result of this annexation that would begin within two and a half (2
'l2) years after the effective date of the annexation. The City shall consider
construction of other public improvements as the needs dictate on the same basis as
,.7
such public improvements are considered throughout the City for areas having similar
characteristics of topography, land use, and population density.
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different
characteristics of topography, Ian"d use, and population density are considered a
sufficient basis for providing different levels of service..
VIII. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service
plan shall be at the discretion of City Councit
IX. AMENDMENTS
The service plan may be amended ,if the City Council determines at a public hearing
that changed conditions or subsequent occurrences make this service plan unworkable
or obsolete. The City Council may amend the service plan to conform to the changed
conditions or subsequent occurrences pursuant to Texas Local Government Code,
Section 43.056 (Vernon Supp. 200Q).
8
AGENDA INFORMATION SHEET
AGENDA DATE: February 6, 2007
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Consider nominations/appointments to the City's Boards and Commissions.
BACKGROUND
Mary Tisher has resigned from the Human Services Advisory Committee. This is a nomination
for Mayor Pro Tern Kamp.
Andy Shelton has resigned from the Traffic Safety Commission. This is a nomination for
Council Member Heggins.
Yolanda Dale has resigned from the Public Art Committee. This is a nomination for Council
Member Heggins.
Dr. Randy Wuensche has resigned from the Animal Shelter Advisory Committee. 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
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