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HomeMy WebLinkAboutFebruary 20, 2007 Agenda AGENDA CITY OF DENTON CITY COUNCIL February 20, 2007 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Regular Meeting of the City of Denton City Council on Tuesday, February 20,2007 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: NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. However, the Council reserves the right to take action at the meeting regarding any item on the agenda. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B . Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. February Yard-of-the-Month Awards 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - 0). 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 - 0 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interjurisdictional Mutual Aid Agreement; and declaring an effective date. B. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Opening Doors Immigration Services for provision of assistance to victims of domestic violence; providing for the expenditure of funds therefor; and providing an effective date. City of Denton City Council Agenda February 20, 2007 Page 2 C. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Interfaith Ministries for the provision of assistance to low-income adults; providing for the expenditure of funds therefor; and providing an effective date. D. Consider adoption of an ordinance of the City of Denton abandoning and vacating an approximate 0.5782-acre tract of that certain public right-of-way being a tract of land in the B.B.B. & C. Railroad Company Survey, Abstract No. 192, and the J. Perry Survey, Abstract No.1 040, and being a portion of Jim Christal Road and also embracing a part of that certain tract conveyed by Annie Spurgin to J. Newton Rayzor by deed recorded in Volume 440, Page 342, of the Denton County Deed Records, Denton, Texas, and providing an effective date. E. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 3709-Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $902,000). The Public Utilities Board recommends approval (7-0). F. Consider adoption of an ordinance authorizing the City Manager or his designee to execute Change Order One to the contract between the City of Denton and Jagoe-Public Company; providing for the expenditure of funds therefor; and providing an effective date (Bid 3518-Vintage Parkway Paving Change Order One in the amount of $212,772). G. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of one lube truck for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3726-lnterlocal Agreement for Lube Truck with H-GAC awarded to Rush Truck Centers of Texas L.P. in the amount of $210,173). The Public Utilities Board recommends approval (6-0). H. Consider adoption of an ordinance authorizing the City Manager to accept an Interlocal Agreement with the City of Georgetown, Texas to authorize participation in various City of Denton contracts for the purchase of various goods and services and to authorize the City of Denton participation in various City of Georgetown contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3734- Interlocal Agreement with Georgetown, Texas). I. Consider adoption of an ordinance determining a sole source and approving the expenditure of funds for the purchase of a Vapex Hydroxyl Ion Fog Odor Control System for the Hickory Creek Lift Station available from only one source in accordance with the provision for State Law exempting such purchases from City of Denton City Council Agenda February 20, 2007 Page 3 requirements of competitive bids; and providing an effective date (File 3727- Purchase of Vapex Odor Control Unit for State School Road Area awarded to Process Solutions, Inc. in amount not to exceed $60,000). The Public Utilities Board recommends approval (6-0). J. Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year K. Consider adoption of an ordinance of the City of Denton authorizing a second amendment to the Economic Development Program Grant Agreement between SFT Industrial, Ltd. and the City of Denton; and providing an effective date. (Granite Properties) The Economic Development Partnership Board recommends approval (5-0). L. Consider adoption of an ordinance of the City of Denton, Texas approving the termination and release of that certain lease agreement dated November 15,2005, related to the use of street right-of-way, by and between the City of Denton, Texas and John Eric Schmitz; and providing an effective date. M. Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing the participation in a joint coalition of cities known as Alliance of Gas Municipalities ("AGM") comprised of cities served by Atmos Energy Corporation, Centerpoint Energy Entex, and Texas Gas Services to work on legislative issues or common concern affecting ratepayers; providing for formation of a steering committee; providing for the employment of legal experts related to said efforts; finding that the meeting complies with the Open Meetings Act; making such other findings and provisions related to the subj ect; and declaring an effective date. N. Consider adoption of an ordinance authorizing the participation of the City of Denton, Texas in the action styled City of Webster and the Webster Economic Development Corporation vs. Carole Keeton Strayhorn, in her official capacity as Comptroller of Public Accounts for the State of Texas, currently pending in the 261st District Court of Travis County, and to pursue such other remedies and matters relating to sales tax allocation; authorizing the expenditure of funds; and providing an effective date. O. Consider approval of the minutes of: January 23, 2007 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance providing for an amendment to the Denton Mobility Plan. The requested change is regarding removal of a proposed collector road that would connect US 380 to Westward Street. (CA06-0008, Rayzor Ranch) The Planning and Zoning Commission recommends approval (7-0). City of Denton City Council Agenda February 20, 2007 Page 4 B. Hold a public hearing and consider adoption of an ordinance rezoning approximately 10.2 acres of land from a Neighborhood Residential-2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an Overlay District to further restrict uses on the subject property to Church and Church related uses. The subject property is located on the west side of Teasley Lane, southwest of the corner of Leatherwood and Teasley Lane. (206- 0038, Faith United Methodist Church) The Planning and Zoning Commission recommends approval with an Overlay District (7-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation for the acquisition of three 500- gallon pumper trucks for the City of Denton Fire Department; declaring an emergency and amending the 2006-07 Capital Improvement Budget to allow funding for said project; and providing an effective date. (Related costs $1,750,000) B. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (HGAC) for the acquisition of three 500-gallon pumper trucks for the City of Denton Fire Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3740- Interlocal Agreement for Purchase of Three Fire Trucks with HGAC awarded to Martin Apparatus, Inc, in the amount of $1,318,660). C. Consider nominations/appointments to Boards, Commissions and Committees. 1. Human Services Advisory Committee - Mayor Pro Tem Kamp 2. Traffic Safety Commission - Council Member Heggins 3. Public Art Committee - Council Member Heggins 4. Denton County Transportation Authority D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Robert Donnelly regarding the Denton Development Code. 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. 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. City of Denton City Council Agenda February 20, 2007 Page 5 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. 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 20,2006 DEPARTMENT: Fire Department ACM: Jon Fortune H- SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute an interjurisdictional mutual agreement; and declaring an effective date. BACKGROUND No jurisdiction could afford to fund a fire department capable of extinguishing any fire or resolving any major disaster within its boundaries. The fire service historically has recognized this fact and organized mutual aid agreements to share resources with its neighbors. For many years Denton County fire agencies have shared resources but have done so informally. The proposed interjurisdictional mutual aid agreement formalizes the sharing of fire protection resources in Denton County. This inter local agreement will provide each fire agency with additional resources should a fire or disaster occur in those areas. The proposed agreement directly benefits all Denton County jurisdictions as listed in the agreement. The City of Denton City Attorney's office was directly involved with the review and comment of the draft agreement in 2006 and their comments were ultimately drafted into the final document. The following jurisdictions have approved the County Mutual Aid agreement. Argy Ie Bartonville Corinth Corral City Denton County Flower Mound Frisco Hickory Creek Highland Village Krum City of Lake Dallas Lewisville Little Elm N orthlake Pilot Point Shady Shores City of the Colony Trophy Club The following jurisdictions are in the process of their City Council's approval of the County Mutual Aid agreement: Piano Coppell Carrollton Denton FISCAL INFORMATION This ordinance will enable the City to receive fire protection resources from other Denton County fire agencies and also provide fire protection resources to those Denton County fire agencies when requested. In some extreme cases, costs other than ordinary costs incurred in the performance of the agreement could be charged as a reimbursement to or by either jurisdiction. However, any fiscal impact should be covered by the Fire Department's normal operating budget. Respectfully Submitted: J\ :, . ""'~~"ll! I: . ..=~~ . . _I Ross Chadwick Fire Chief Attachments ~ Proposed Ordinance ~ InterjurisdictionaZ Agreement S:\Our Documents\Qrdinances\07\interjnrisdictional mutual aiddoc ORDINANCE NO~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERJURISDICTIONAL MUTUAL AID AGREEMENT; AND. DECLARlNG AN EFFECTIVE DATE. THE COUNCIL OF THE. CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton hereby approves an Interjurisdictional Mutual Aid Agreement by, between, .and among the political subdivisiollS located wholly or partially within the State of Texas, a copy of. which is attached hereto and" . incorporated by reference herein~ The Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute this Agreement on behalf of the City. . SECTION 2. This ordinance shall become effective immediately upon its passage and . approvaL PASSED AND APPROVED, this the day of. , 2007. PERRY R~ ~NEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M~ .SNYDER, CITY ATTORNEY ~_. . - . ..... ~ . . .:..::...,.. ,...: ~...!;_.~;.."._.. ~...,;;;.;.~.'yiJi;'.'".'..~::l..... ~.,_::-..- . . I .. . ". ~.~.~~ "." .rZJ~.~ ...~-I:.. ~ .,,-.. :..:..:.....~.:oiA.::o..:~ ...- . .. . . . . .".. . . . . . . . ~. ..- . ...... ~~...:.:---. .:.:.:':'::": . ~--~:..:r. . ~~:A'~~:..i.'-':' ':~~~&-~ik~-:-:.....:.~..:. ~~~ ...:.. . .~"':"'d ~."f".:.. =~..<o..J." -:r~ -~:........::..::.. ~.-..:~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 INTERJURISDICTIONAL MUTUAL AID AGREEMENT STATE OF TEXAS s COUNTY OF DENTON s s This Mutual Aid A2reement ("Agreement") is entered into by, between, and among the political subdivisions located wholly or partially within the State of Texas that by their signatures on duplicate original copies of this Agreement have consented to the terms of this Agreement (collectively, "the Parties"). RECIT ALS The Parties recognize the vulnerability of the people and communities located within the State to damage, injury, and loss of life and property resulting from Disasters and/or civil emergencies and recognize that Disasters and/or civil emergencies may present equipment and manpower requirements beyond the capacity of each individual Party; and The Parties must confront the threats to public health and safety posed by possible terrorist actions and weapons of mass destruction and other incidents of man-made origin, and the threats to public health and safety from natural Disasters, all capable of causing severe damage to property and danger to life; and The Parties to this Agreement recognize that Mutual Aid has been provided in the past and have determined that it is in the best interests of themselves and their citizens to create a plan to foster communications and the sharing of resources, personnel and equipment in the event of such calamities; and The governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid for the protection of life and property in the event of a Disaster and/or Civil Emergency; and The Parties wish to make suitable arrangements for furnishing Mutual Aid in coping with Disasters and/or civil emergencies and are so authorized and make this Agreement pursuant to Chapter 791, Texas Government Code (Interlocal Cooperation Act); Chapter 418, Texas Government Code (Texas Disaster Act of 1975); Chapter 421, Texas Government Code (Home Land Security); and Chapter 362, Local Government Code; and The Parties recognize that a formal agreement for Mutual Aid would allow for better coordination of effort, would provide that adequate equipment and manpower is available, and would help ensure that Mutual Aid is accomplished in the minimum time possible in the event of a Disaster or Civil Emergency and thus desire to enter into an agreement to provide Mutual Aid. It is expressly understood that any Mutual Aid extended under this Agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the "Texas Disaster Act" and other applicable provisions of law. Page 1 of 9 -Interjurisdictional Mutual Aid Agreement 1 2 NOW, THEREFORE, the Parties agree as follows: 3 4 1. RECITALS. The recitals set forth above are true and correct. 5 6 2. DEFINITIONS. For purposes of this Agreement, the terms listed below will have the 7 following meanings: 8 9 A. AGREEMENT - this Interjurisdictional Mutual Aid Agreement, duly executed. 10 11 B. ADMINISTRATIVE AGENCY - the entity designated by the Parties to be responsible for 12 maintaining and distributing Point of Contact information and for maintaining the original 13 signature pages of the Parties to this Agreement. 14 15 C. ASSISTING PARTY - the Party furnishing equipment, supplies, facilities, services and/or 16 manpower to the Requesting Party. 17 18 D. CIVIL EMERGENCY - an unforeseen combination of circumstances or the resulting 19 consequences thereof within the geographic limits of a given jurisdiction that calls for 20 immediate action or for which there is an urgent need for assistance or relief to protect the 21 general citizenry. 22 23 E. DISASTER - the occurrence or imminent threat of widespread or severe damage, injury, or 24 loss of life or property resulting from any natural or man-made cause, including fire, flood, 25 earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, 26 epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or 27 paramilitary action, energy emergency (as that term is defined in Chapter 418 of the Texas 28 Government Code), acts of terrorism, and other public calamity requiring Emergency action. 29 30 F. EMERGENCY - any occurrence, or threat thereof, whether natural or caused by man, in 31 war or in peace, which results in substantial injury or harm to the population, or substantial 32 damage to or loss of property. 33 34 G. MUTUAL AID - includes, but is not limited to, such resources as facilities, equipment, 35 services, supplies, and personnel. 36 37 H. THE PLAN -Emergency Operations Plan. 38 39 I. POINT OF CONTACT - the individual or office authorized by the governing body of each 40 Party to request or respond to a request for Mutual Aid on behalf of the Party. A Party's 41 Emergency Management Director or Chief Executive Officer is always a Point of Contact. 42 43 J. REQUESTING PARTY - the Party requesting aid in the event of a Disaster or a Civil 44 Emergency. 45 46 3. ADMINISTRATIVE AGENCY. The Parties hereby designate the North Central Texas 47 Council of Governments ("NCTCOG") to be the Administrative Agency under this Agreement. 48 NCTCOG is responsible for maintaining and distributing current Point of Contact information 49 to all Parties as changes occur but at least annually. NCTCOG is also responsible for 50 maintaining the original signature pages of the Parties to this Agreement. Page 2 of 9 -Interjurisdictional Mutual Aid Agreement 1 2 4. POINT OF CONTACT DESIGNATION. Each party shall provide the Administrative 3 Agency with a written protocol by which its designated Points of Contact may be contacted 4 twenty-four hours a day, seven days a week. This protocol will designate, by name or position, 5 the person or persons authorized to request or respond to a request for Mutual Aid on behalf of 6 a Party under terms of this Agreement and will include at least two alternate means of 7 contacting the Party's Point(s) of Contact. Each Party must notify the Administrative Agency 8 of any change in its Point of Contact protocol as soon as practicable by submitting it in writing 9 to Denton County Department of Emergency Services and the North Central Texas Council of 1 0 Governments, 11 12 5. PARTY'S EMERGENCY MANAGEMENT PLAN. Each Party shall prepare and keep 13 current an emergency management plan for its jurisdiction to provide for emergency and/or 14 disaster mitigation, preparedness, response and recovery, in accordance with Chapter 418 of 15 the Texas Government Code. The emergency management plan shall incorporate the use of 16 available resources, including personnel, equipment and supplies, necessary to provide and/or 17 receive Mutual Aid. The emergency management plan shall be submitted to the Governor's 18 Division of Emergency Management. 19 20 6. IMPLEMENTATION OF AGREEMENT. A Point of Contact for his/her respective 21 jurisdiction shall take all steps necessary for the implementation of this Agreement. 22 23 7. INITIATION OF REQUEST. A request under this Agreement may be made by a Point 24 of Contact after one of the following occurs: 25 (a) A declaration of a local state of Disaster pursuant to Chapter 418 of the Texas 26 Government Code; 27 (b) A finding of a state of Civil Emergency; or 28 (c) The occurrence or imminent threat of an emergency such that local capabilities are or 29 are predicted to be exceeded. 30 3 1 The provision of Mutual Aid under this Agreement shall continue, whether or not the local 32 Disaster declaration or state of Civil Emergency is still active, until the services of the 33 Assisting Party are no longer required. 34 35 8. PROCEDURES FOR REQUESTS AND PROVISION OF MUTUAL AID. A Point of 36 Contact may request Mutual Aid assistance by: (1) submitting a written Request for Assistance 37 to a Point of Contact of an Assisting Party, (2) orally communicating a request for Mutual Aid 38 assistance to a Point of Contact of an Assisting Party, which shall be followed by a written 39 request, or (3) by submitting a request in accordance with a Mutual Aid Plan developed under 40 the auspices of this Agreement. The written request shall reference that the request is made 41 pursuant to this Agreement. Mutual Aid shall not be requested by a Party unless it is directly 42 related to the Disaster or Emergency and resources available from the normal responding 43 agencies to the stricken area are deemed to be inadequate, or are predicted to be expended prior 44 to resolution of the situation. All requests for Mutual Aid must be transmitted by a Point of 45 Contact of the Requesting Party to a Point of Contact of the Assisting Party or in accordance 46 with the terms of the Plan. 47 48 A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party's Point of 49 Contact may directly contact a Point of Contact of the Assisting Party and provide the 50 necessary information as prescribed in Section 8.B. hereto. Page 3 of 9 -Interjurisdictional Mutual Aid Agreement 1 2 B. REQUIRED INFORMATION BY REQUESTING PARTY. Each request for assistance 3 shall be accompanied by the following information, to the extent known: 4 1) A general description of the damage or injury sustained or threatened; 5 2) Identification of the emergency service function or functions for which assistance is 6 needed (e.g. fire, law enforcement, emergency medical, search and rescue, transportation, 7 communications, public works and engineering, building, inspection, planning and 8 information assistance, mass care, resource support, health and other medical services, etc.), 9 and the particular type of assistance needed; 10 3) The amount and type of personnel, equipment, materials, supplies, and/or facilities 11 needed and a reasonable estimate of the length of time that each will be needed; and 12 4) The location or locations to which the resources are to be dispatched and the specific 13 time by which the resources are needed; and 14 5) The name and contact information of a representative of the Requesting Party to meet 15 the personnel and equipment of any Assisting Party at each location to which resources are 16 dispatched. 17 18 This information may be provided on a form designed for this purpose or by any other 19 available means. 20 21 C. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER 22 ASSISTANCE. When contacted by a Requesting Party, a Point of Contact of the Party from 23 which aid is requested agrees to assess local resources to determine availability of personnel, 24 equipment and other assistance based on current or anticipated needs. All Parties shall render 25 assistance to the extent personnel, equipment and resources are deemed available. No Party 26 shall be required to provide Mutual Aid unless it determines in its sole discretion that it has 27 sufficient resources to do so based on current or anticipated events within its ownjurisdiction. 28 29 D. INFORMATION REQUIRED OF THE ASSISTING PARTY. A Point of Contact who 30 determines that the Assisting Party has available personnel, equipment, or other resources, 31 shall so notify the Requesting Party and provide the following information, to the extent 32 known: 33 1) A complete description of the personnel and their expertise and capabilities, equipment, and 34 other resources to be furnished to the Requesting Party; 35 2) The estimated length of time that the personnel, equipment, and other resources will be 36 available; 37 3) The name of the person or persons to be designated as supervisory personnel; and 38 4) The estimated time of arrival for the assistance to be provided to arrive at the designated 39 location. 40 This information may be provided on a form designed for this purpose or by any other 41 available means. 42 43 E. SUPERVISION AND CONTROL: When providing assistance under the terms of this 44 Agreement, the personnel, equipment, and resources of any Assisting Party will be under the 45 operational control of the Requesting Party, the response effort to which SHALL be organized 46 and functioning in accordance with the guidelines outlined in the National Incident 47 Management System. Direct supervision and control of personnel, equipment and resources 48 and personnel accountability shall remain with the designated supervisory personnel of the 49 Assisting Party. Emergency Medical Services organizations providing assistance under this 50 agreement will utilize the medical protocols authorized by their medical director. The Page 4 of 9 -Interjurisdictional Mutual Aid Agreement 1 designated supervisory personnel of the Assisting Party shall: maintain daily personnel time 2 records, material records, and a log of equipment hours; be responsible for the operation and 3 maintenance of the equipment and other resources furnished by the Assisting Party; and shall 4 report work progress to the Requesting Party. The Assisting Party's personnel and other 5 resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable 6 notice to the Requesting Party. 7 8 F. MUTUAL AID PLAN. By their signatures below, each Party hereto certifies that it will 9 provide Mutual Aid assistance under this Agreement in accordance with the Requesting Party's 10 Emergency Management Plan, County Emergency Management Plan, or North Central Texas 11 Regional Response Plan.. 12 13 G. FOOD, HOUSING, AND SELF-SUFFICIENCY: Subject to Paragraph 9 of this 14 Agreement, the Requesting Party shall have the responsibility of providing food and housing 15 for the personnel of the Assisting Party from the time of their arrival at the designated location 16 to the time of their departure. However, Assisting Party personnel and equipment should be, to 1 7 the greatest extent possible, self-sufficient while working in the Emergency or Disaster area. 18 The Requesting Party may specify only self-sufficient personnel and resources in its request 19 for assistance. 20 21 H. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall 22 have the responsibility for coordinating communications between the personnel of the 23 Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to 24 furnish their own communications equipment sufficient only to maintain communications 25 among their respective operating units, if such is practicable. 26 27 I. RIGHTS AND PRIVILEGES: Personnel who are assigned, designated or ordered by their 28 organization's governing body to perform duties pursuant to this Agreement shall continue to 29 receive the same wages, salary, pension, and other compensation and benefits for the 30 performance of such duties, including injury or death benefits, disability payments, and 31 workers' compensation benefits, as though the service had been rendered within the limits of 32 the jurisdiction where the personnel are regularly employed. 33 34 J. TERM OF DEPLOYMENT: The initial duration of a request for assistance will be specified 35 by the Requesting Party, to the extent possible by the situation. 36 37 K. SUMMARY REPORT: Within ten working days of the return of all personnel deployed 38 under this Agreement, the Requesting Party will prepare a Summary Report of the event, and 39 provide copies to each Assisting Party. The report shall, at a minimum, include a chronology of 40 events and description of personnel, equipment and materials provided by one Party to the 41 other. 42 43 9. COSTS. All costs associated with the provision of Mutual Aid, including but not limited 44 to compensation for personnel; operation and maintenance of equipment; damage to 45 equipment; medical expenses; and food, lodging and transportation expenses shall be paid for 46 by the Assisting Party for the first (4) hours that assistance is provided. Thereafter, all costs 47 associated with the provision of Mutual Aid, including but not limited to compensation for 48 personnel; operation and maintenance of equipment; damage to equipment; medical expenses; 49 and food, lodging and transportation expenses shall be paid for by the Assisting Party and 50 reimbursed by the Requesting Party at actual cost unless it is compensated by the assisting Page 5 of 9 -Interjurisdictional Mutual Aid Agreement 1 party insurance. Requests for reimbursement must be submitted as soon as practicable but in 2 no event later than sixty (60) days after the return of all personnel deployed under this 3 Agreement. Failure to submit a request for reimbursement within the specified time frame will 4 result in the Assisting Party not being reimbursed for the Mutual Aid provided unless the 5 Federal Emergency Management Agency (FEMA) extends the deadline for filing requests for 6 reimbursement. Such request shall identify with specificity each service, labor, or equipment 7 provided and the unit and total costs associated with each. The Assisting Party shall be 8 responsible for creating and maintaining for a period of three years a record of all costs 9 incurred, both reimbursed and unreimbursed costs, in providing aid under this Agreement. 10 Such costs and reimbursements shall be paid from current funds of the respective Party. In the 11 event federal funds are available for costs associated with the provision of Mutual Aid, the 12 Parties agree that the Requesting Party must make the claim for the eligible costs of the 13 Assisting Party on its subgrant application and will disburse the federal share of funds to the 14 Assisting Party. The Parties hereto recognize that each benefits from the existence of this 15 Mutual Aid Agreement and expect that each will both provide and receive critical aid over the 16 life of the Agreement. The Assisting Party may assume in whole or in part any costs 17 associated with the provision of Mutual Aid or may loan or donate equipment or services to the 18 Requesting Party without charge or cost. 19 20 10. INSURANCE 21 22 A. WORKERS' COMPENSATION COVERAGE: Each Party shall be responsible for its own 23 actions and those of its employees and is responsible for complying with the Texas Workers' 24 Compensation Act. 25 26 B. AUTOMOBILE LIABILITY COVERAGE: Each Party shall be responsible for its own 27 actions and is responsible for complying with the Texas motor vehicle financial responsibility 28 laws. 29 30 C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW 31 ENFORCEMENT LIABILITY: Each Party agrees to obtain general liability, public official's 32 liability and law enforcement liability, if applicable, or maintain a comparable self-insurance 33 program. 34 35 D. OTHER COVERAGE: The Assisting Party shall provide and maintain their standard 36 packages of medical and death benefit insurance coverage while their personnel are assisting 37 the Requesting Party. 38 39 11. WAIVER OF CLAIMS AGAINST PARTIES: IMMUNITY RETAINED. Pursuant to 40 SS 421.062 and 791.006, Texas Government Code, the party furnishing services under this 41 Agreement is not responsible for any civil liability that arises from the furnishing of those 42 services. No Party waives or relinquishes any immunity or defense on behalf of itself, its 43 officers, employees and agents as a result of the foregoing sentence or its execution of this 44 Agreement and the performance of the covenants contained herein. 45 46 12. EXPENDING FUNDS. Each Party that performs services or furnishes aid pursuant to 47 this Agreement shall do so with funds available from current revenues of the Party. No Party 48 shall have any liability for the failure to expend funds to provide aid hereunder. 49 Page 6 of 9 -Interjurisdictional Mutual Aid Agreement 1 13. TERM. This Agreement shall become effective as to each Party on the date signed and 2 shall continue in force and remain binding on each and every Party for twelve (12) months 3 from the effective date. This Agreement shall renew automatically for a period of one year 4 upon the completion of the initial term and each subsequent term unless and until such time as 5 the governing body of a Party terminates its participation in this Agreement pursuant to Section 6 22 of this Agreement. Termination of participation in this Agreement by a Party or Parties 7 shall not affect the continued operation of this Agreement between and among the remaining 8 Parties. 9 10 14. ENTIRETY. This Agreement contains all commitments and agreements of the Parties 11 with respect to the Mutual Aid to be rendered hereunder during or in connection with a 12 Disaster and/or Civil Emergency. No other oral or written commitments of the Parties with 13 respect to Mutual Aid under this Agreement shall have any force or effect if not contained 14 herein, except as provided in Sections 16 and 17 below. 15 16 15. RATIFICATION. Each Party hereby ratifies the actions of its personnel and the 17 rendering and/or receiving of Mutual Aid taken prior to the date of this Agreement. 18 19 16. OTHER MUTUAL AID AGREEMENTS. It is understood that certain Parties may have 20 heretofore contracted or may hereafter contract with each other for Mutual Aid in Civil 21 Emergency and/or Disaster situations, and it is agreed that, to the extent there is a conflict 22 between this Agreement and any other such Mutual Aid agreement, the provisions of this 23 Agreement shall be superior to any such individual contract; provided, however, that the 24 Assisting and Requesting Parties may agree to use expense reimbursement provisions of 25 another existing Mutual Aid Agreement between them. 26 27 17. INTERLOCAL COOPERATION ACT. The Parties agree that Mutual Aid in the 28 context contemplated herein is a "governmental function and service" and that the Parties are 29 "local governments or political subdivision" as that term is defined herein and in the Interlocal 30 Cooperation Act, Texas Government Code Chapter 791. 31 32 18. CONFIDENTIALITY. The Parties recognize that the provision of Mutual Aid under this 33 Agreement may result in the transfer of confidential medical information between them. The 34 parties recognize and agree to guard the confidentiality of such information as required by the 35 federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Texas 36 Medical Practice Act, and other state privacy laws pertaining to the confidentiality of medical 37 records. 38 39 19. SEVERABILITY. If a provision contained in this Agreement is held invalid for any 40 reason, the invalidity does not affect other provisions of the Agreement that can be given effect 41 without the invalid provision, and to this end the provisions of this Agreement are severable. 42 43 20. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect 44 the validity or enforceability of a provision of this Agreement, then the legal limitations are 45 made a part of this Agreement and shall operate to amend this Agreement to the minimum 46 extent necessary to bring this Agreement into conformity with the requirements of the 47 limitations, and so modified, this Agreement shall continue in full force and effect. 48 49 21. AMENDMENT. This Agreement may be amended only by the mutual written consent of 50 the Parties. Page 7 of 9 -Interjurisdictional Mutual Aid Agreement 1 2 22. TERMINATION. Any Party may at any time by resolution or notice given to all the 3 other Parties decline to participate in the provision of Mutual Aid. The governing body of a 4 Party which is a signatory hereto shall, by resolution, give notice of termination of 5 participation in this Agreement and submit a certified copy of such resolution to all other 6 Parties. Such termination shall become effective not earlier than 30 days after the filing of 7 such notice. The termination by one or more of the Parties of its participation in this 8 Agreement shall not affect the operation of this Agreement as between the other Parties hereto. 9 10 23. THIRD PARTIES. This Agreement is intended to inure only to the benefit of the Parties 11 hereto. This Agreement is not intended to create, nor shall be deemed or construed to create 12 any rights in third parties. 13 14 24. NOTICE. Any notice required or permitted between the Parties must be in writing, 15 addressed to the attention of the Point of Contact of the necessary party or parties and shall be 16 delivered in person; by electronic mail; by mailed certified mail, return receipt requested; or 1 7 by facsimile transmission. A copy of all such notices shall be provided to the Administrative 18 Agency. 19 20 25. WARRANTY. The Agreement has been officially authorized by the governing or 21 controlling body or agency of each Party hereto by order, ordinance or resolution and each 22 signatory to this Agreement guarantees and warrants that the signatory has full authority to 23 execute this Agreement and to legally bind the respective Party to this Agreement. 24 25 26. GOVERNING LAW AND VENUE. The laws of the State of Texas shall govern this 26 Agreement. In the event of an Emergency or Disaster physically occurring within the geographical 27 limits of only one county that is a Party hereto, venue shall lie in the county in which the 28 Emergency or Disaster occurred. In the event of an Emergency or Disaster physically occurring in 29 more than one county that is a Party hereto, venue shall be determined in accordance with the 30 Texas Civil Practice and Remedies Code. 31 32 27. HEADINGS. The headings at the beginning of the various provisions of this Agreement 33 have been included only in order to make it easier to locate the subject covered by each 34 provision and are not to be used in construing this Agreement. 35 36 **The Rest of this Page is Intentionally Left Blank** Page 8 of 9 -Interjurisdictional Mutual Aid Agreement EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. NAME OF ENTITY: I hereby certify that this entity's participation as a party to this Interjurisdictional Mutual Aid Agreement was approved pursuant to official action of its governing body taken at a duly called meeting on , 200_ Signature: Title: Printed Name : Date: Page 9 of 9 -Interjurisdictional Mutual Aid Agreement AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2007 DEPARTMENT: City Manager's Office CM/DCM/ACM: George Campbell, City Manager SUBJECT Consider an ordinance of the City of Denton Authorizing an agreement between the City of Denton, Texas and Opening Doors Immigration Services for provision of assistance to victims of domestic violence; providing for the expenditure of funds therefore; and providing an effective date. BACKGROUND Councilmember Jack Thomson has made a request for the expenditure of $500.00 to the Opening Doors Immigration Services for provision of assistance to victims of domestic violence. Per the contract, the funds are to be used to assist immigrant households where one or more of the household members have been the victim(s) of domestic violence. Use of funds may include operating costs of the program and training. Funds will be distributed with appropriate receipts upon the approval of the ordinance by the City Council. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant S :\QUT Documents\Ordinances\07\Opening Doors Ord 2007.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND OPENING DOORS IMMIGRATION SERVICES FOR PROVISION OF ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Opening Doors Immigration Services, a Texas non-profit corporation, (the "Organization") provides assistance to immigrant households in the City of Denton where one or more residents have been the victim(s) of domestic violence (the "Program"); and WHEREAS, the Organization and the City of Denton desire to enter into an agreement to provide for the continuance of the Program which agreement is substantially in the same form as the agreement attached hereto and made a part hereof by reference (the "Agreement"); and WHEREAS, the City Council of the City of Dent on hereby finds that the Agreement between the City and the Organization attached hereto and made a part hereofby reference serve a municipal and public purpose and the Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein~ SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Public Service Agreement, including the expenditure of funds as provided in the Public Agreement. SECTION 3. This ordinance shall be,come 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. S R, CITY ATTORNEY BY: Page 2 S:\OUf Documents\Contracts\07\Opening Doors Agreement 2007.doc SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND OPENING DOORS IMMIGRATION SERVICES This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and Opening Doors Immigration Services, a Texas Non-Profit Corporation, hereinafter referred to as "Opening Doors Immigration Services": w WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public interest; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE 0F SERVICES Opening Doors Immigration Services shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: The funds being provided shall be used by Opening Doors Immigration Services to assist immigrant households where one or more of the household members have been the victim(s) of domestic violence~ Use of funds may include operating costs of the program and training~ ll. OBLIGATIONS OF OPENING DOORS IMMIGRATION SERVICES In consideration of the receipt offunds from City, Opening Doors Immigration Services agrees to the following terms and conditions: A. Five Hundred Dollars and no/l 00 ($500.00) shall be paid to Opening Doors Immigration Services by City to be utilized for the purposes. set forth in Article I. B. Opening Doors Immigration Services will maintain adequate records to establish that the City funds are used for the purposes authorized by this Agreement. c. Opening Doors Immigration Services will permit authorized officials of City to review its books at any time. . D. Upon request, Opening Doors Immigration Services will provide to City its By Laws and any of its rules and regulations that may be relevant to this Agreement. E~ Opening Doors Immigration Services will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. c F~ Opening Doors Immigration Services will appoint a representative who will be available to meet with City officials when requested. I G. Opening Doors Immigration Services will submit to City copies of year-end audited financial statements. III. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: The term of this Agreement shall commence on the effective date and terminate September 30, 2007, unless the contract is sooner terminated under Section VII "Suspension or Termination". IV . PAYMENTS A. PAYMENTS TO OPENING DOORS IMMIGRATION SERVICES. City shall pay to Opening Doors Immigration Services the sum specified in Article II after the effective date of this Agreement. B~ EXCESS PAYMENT. Opening Doors Immigration Services shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Opening Doors Immigration Services; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. V. EVALUATION Opening Doors Immigration Services agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored~ Opening Doors Immigration Services agrees to make available its financial records for review by City at City's discretion. In addition, Opening Doors Immigration Services agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Opening Doors Immigration Services shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. c. An explanation of any major changes in program services. Page 2 of7 , D. To comply with this section, Opening Doors Immigration Services agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. The record system of Opening Doors Immigration Services shall contain sufficient documentation to provide in detail full support and justification for each expenditure~ Opening Doors Immigration Services agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. E. Nothing in the above subsections shall be construed to relieve Opening Doors Immigration Services of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, Opening Doors Immigration Services shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof wherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Opening Doors Immigration Services understands and agrees that City's representatives shall be afforded access to all meetings of its Board ofDirectors~ Minutes of all meetings of Opening Doors Immigration Services' governing body shall be available to City within ten (10) working days of approval. VII. TERMINATION The City may terminate this Agreement for cause if Opening Doors Immigration Services violates any covenants, agreements, or guarantees of this Agreement, the Opening Doors Immigration Services's insolvency or filing of bankruptcy, dissolution, or receivership, or the Opening Doors Immigration Services' violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. Vill. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Opening Doors Immigration Services shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Opening Doors Immigration Services will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. c. In the event of non-compliance by Opening Doors Immigration Services with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Opening Doors Immigration Services may be barred from further contracts with City. Page 3 of7 IX. WARRANTIES Opening Doors Immigration Services represents and warrants that: A~ All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Opening Doors Immigration Services on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otheIWise, in the financial condition of Opening Doors Immigration Services. c. No litigation or legal proceedings are presently pending or threatened against Opening Doors Immigration Services. D. None of the provisions herein contravenes or is in conflict with the authority under which Opening Doors Immigration Services is doing business or with the provisions of any existing indenture or agreement of Opening Doors Immigration Services. E. Opening Doors Immigration Services has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None' of the assets of Opening Doors Immigration Services are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Opening Doors Immigration Services to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. x. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal or locallaws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation~ Page 4 of7 tt C. Opening Doors Immigration Services shall notify City of any changes in personnel or governing board composition. '* XI. INDEMNIFICATION To the extent authorized by law, the Opening Doors Immigration Services agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the Opening Doors Immigration Services or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of Opening Doors Immigration Services, its officers, employees, agents, subcontractors, licensees and invitees~ XII~ CONFLICT OF INTEREST A. Opening Doors Immigration Services covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Opening Doors Immigration Services further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body~ B. Opening Doors Immigration Services further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest~ . XIII. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return. receipt requested, or via hand-delivery or facsimile, addressed to Opening Doors Immigration Services or City, as the case may be, at the following addresses: Page 5 of7 CITY OPENING DOORS I1v1MIGRA TION SERVICES it City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Fax No. 940.349.8591 A11nt)tames, Executive Director Opening Doors Immigration Services 2200 N. Bell Avenue Denton, TX 76209 Fax No. 940.891.0466 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XIV. MISCELLANEOUS A. Opening Doors Immigration Services shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City~ B~ If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent ofhoth parties hereto. c. In no event shall any payment to Opening Doors Immigration Services hereunder, or any other act or failure of City to insist in anyone or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Opening Doors Immigration Services. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved~ No representative or agent of City may waive the effect of this provision. D~ This Agreement, together with referenced exhibits and attaclunents, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E~ This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. Page 6 of7 '~ ~ .... c IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of 't 2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY c ',:, BY: :~ ATTEST: BY: BOARD SECRETARY Page 7 of7 PERRY R. McNEILL, MAYOR OPENING DOORS llvIMIGRATION SERVICES BY: {~ ANl'IST ARNES EXECUTIVE DIRECTOR AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2007 DEPARTMENT: City Manager's Office CM/DCM/ACM: George Campbell, City Manager SUBJECT Consider an ordinance of the City of Denton Authorizing an agreement between the City of Denton, Texas and Interfaith Ministries for the provision of assistance to low-income adults; providing for the expenditure of funds therefore; and providing an effective date. BACKGROUND Councilmember Jack Thomson has made a request for the expenditure of $250.00 to the Interfaith Ministries. Per the contract, the funds are to be used to assist low-income adults with the cost of eye exams and eyeglasses. Funds will be distributed with appropriate receipts upon the approval of the ordinance by the City Council. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant S :\OUT Documents\Ordinances\07\In terfaith M in istries 2007-08.doc ORDINANCE NOt AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND INTERFAITH MINISTRIES FOR THE PROVISION OF ASSISTANCE TO LOW-INCOME ADULTS; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DA TE~ WHEREAS, Interfaith Ministries, a Texas non-profit corporation, (the "Organization") provides assistance with eye exams and eyeglasses to low-income adults in the City of Denton; and WHEREAS, the Organization and the City of Denton desire to enter into an agreement to provide for the continuance of this assistance, which agreement is substantially in the same form as the agreement attached hereto and made a part hereof by reference (the "Agreement"); and WHEREAS, the City Council of the City of Dent on hereby finds that the Agreement between the City and the Organization attached hereto and made a part hereofby reference serve a municipal and public purpose and the Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided in the Agreement SECTION 3~ This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2007 ~ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. S ER, C Y ATTORNEY BY: Page 2 S:\OUT Documents\Contracts\07\Interfaith Ministries 2007.doc SERVICE AGREEMENT BETWEEN ,THE CITY OF DENTON, TEXAS AND INTERFAITH MINISTRIES This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and InterFaith Ministries, a Texas Non- Profit Corporation, h'ereinafter referred to as "InterFaith Ministries": WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public interest; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES InterFaith Ministries shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: The funds being provided shall be used by InterFaith Ministries to assist low-income adults with the costs of eye exams and eyeglasses. II. OBLIGATIONS OF INTERFAITH MINISTRIES In consideration of the receipt offunds from City, InterFaith Ministries agrees to the following terms and conditions: A. Two Hundred Fifty Dollars and nolI 00 ($250.00) shall be paid to InterFaith Ministries by City to be utilized for the purposes set forth in Article I. B. InterFaith Ministries will maintain adequate records to establish that the City funds are used for the purposes authorized by this Agreement. C. interFaith Ministries will permit authorized officials of City to review its books at any time. D. Upon request, InterFaith Ministries will provide to City its By Laws and any of its rules and regulations that may be relevant to this Agreement. E. InterFaith Ministries will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. InterFaith Ministries will appoint a representative who will be available to meet with City officials when requested. G. InterFaith Ministries will submit to City copies of year-end audited financial statements. III. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: The term of this Agreement shall commence on the effective date and terminate September 30, 2007, unless the contract is sooner terminated under Section VII "Suspension or Termination". IV . PAYMENTS A. PAYMENTS TO lNTERF AITH MINISTRIES. City shall pay to InterFaith Ministries the sum specified in Article II after the effective date of this Agreement. B. EXCESS PAYMENT. InterFaith Ministries shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to InterFaith Ministries; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. V. EVALUATION InterFaith Ministries agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. InterFaith Ministries agrees to make available its financial records for review by City at City's discretion. In addition, InterFaith Ministries agrees to provide City the following data and reports, ,or copies thereof: A. All external or internal audits. InterFaith Ministries shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. c. An explanation of any major changes in program services. D~ To comply with this section, InterFaith Ministries agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. The record system of InterFaith Ministries shall contain Page 2 of7 sufficient documentation to provide in detail full support and justification for each expenditure. futerFaith Ministries agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. E. Nothing in the above subsections shall be construed to relieve InterFaith Ministries of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, InterFaith Ministries shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof wherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. InterFaith Ministries understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of InterFaith Ministries' governing body shall be available to City within ten (10) working days of approval. VII. TERMINATION The City may terminate this Agreement for cause if interFaith Ministries violates any covenants, agreements, or guarantees of this Agreement, the InterFaith Ministries's insolvency or filing ofbankruptcy, dissolution, or receivership, or the InterFaith Ministries' violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph~ VID. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. InterFaith Ministries shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. InterFaith Ministries will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of non-compliance by InterFaith Ministries with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and InterFaith Ministries may be barred from further contracts with City. Page 3 of7 IX. WARRANTIES InterFaith Ministries represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of InterFaith Ministries on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of InterFaith Ministries. c. No litigation or legal proceedings are presently pending or threatened against InterFaith Ministries. D. None of the provisions herein contravenes or is in conflict with the authority under which InterFaith Ministries is doing business or with the provisions of any existing indenture or agreement of InterFaith Ministries. E. InterFaith Ministries has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of InterFaith Ministries are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by InterFaith Ministries to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. x. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. Page 4 of7 c. InterFaith Ministries shall notify City of any changes in personnel or governing board composition. XI. INDEMNIFICATION To the extent authorized by law, the InterFaith Ministries agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the InterFaith Ministries or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of InterFaith Ministries, its officers, employees, agents, subcontractors, licensees and invitees. XII. CONFLICT OF INTEREST A. InterFaith Ministries covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. InterFaith Ministries further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. InterFaith Ministries further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. XIII. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been' delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, or via hand-delivery or facsimile, addressed to InterFaith Ministries or City, as the case may be, at the following addresses: Page 5 of7 CITY INTERF AITH MINISTRIES City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Fax No. 940.349.8591 Condell Garden, Executive Director InterFaith Ministries 109 W. Sycamore Denton, TX 76202 Fax No. 940. ,5~6 -s 9:1- 7 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XIV. MISCELLANEOUS A. InterFaith Ministries shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to InterFaith Ministries hereunder, or any other act or failure of City to insist in anyone or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by InterFaith Ministries. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreem~nt shall be in a court of competent jurisdiction sitting in Denton County, Texas. Page 6 of7 IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of , 2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. S ER, CITY ATTORNEY BY: ATTEST: BY: BOARD SECRETARY Page 7 of7 PERRY R. McNEILL, MAYOR INTERFAITH MINISTRIES BY: CO ELL GARDEN EXECUTIVE DIRECTOR AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2007 DEP ARTMENT: Utilities Howard Martin 349-8232 .. ACM: SUBJECT Consider adoption of an ordinance of the City of Denton abandoning and vacating an approximate 0.5782-acre portion of that certain public right-of-way being a tract of land in the B.B.B. & C. Railroad Company Survey, Abstract No. 192, and the J. Perry Survey, Abstract No. 1040, and being a portion of Jim Christal Road and also embracing a part of that certain tract conveyed by Annie Spurgin to J. Newton Rayzor by deed recorded in Volume 440, Page 342, of the Denton County Deed Records, Texas and providing for an effective date. BACKGROUND The property owner has requested that the City of Denton abandon its street rights in an unutilized portion of Jim Christal Road. This is a housekeeping issue that was not contemplated when Jim Christal Road was realigned to connect with Oak Street. In 1993, the City had plans to realign Jim Christal Road to provide connectivity directly to Oak Street. Rayzor Investments, Ltd. donated, and the City accepted a 6.1496-acre tract of land by dedication (Ordinance 93-057) to provide that connectivity. The City will retain the entire 0.5782-acre tract as a drainage and public utility easement to accommodate those existing public uses. This issue has been reviewed and approved by the Development Review Committee staff members. Staff performs an analysis on requests for right-of-way abandonment as follows: · Is the property tract requested for abandonment considered "excess right-of-way"? · Does the property tract requested for abandonment have a continued public use? · Is it in the best interest of the general public to abandon the government's rights in the subject abandonment tract? · Would the granting of this request establish a precedent for right-of-way abandonment for future requests? Staff findings on this analysis are as follows: 1. The right-of-way tract requested fits the criteria of excess right-of-way. Excess right-of-way is defined as: Property acquired or used by the City for right-of-way and subsequently declared excess (not needed for the Project, road or streetscape). 2. There are public facilities installed in the proposed abandonment tract; therefore the City will retain the area as a drainage and public utility easement. 3. Abandonment is in the public interest because the area for subject abandonment no longer has a compelling future public right-of-way use. Jim Christal Road was realigned to connect with Oak Street a few years ago and this tract is a remnant that should have been abandoned at that time. 4. This abandonment would not set a precedent because the above three standards have been met. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance abandoning the street right interests. ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW Development Review Committee Staff review and approval. FISCAL INFORMATION N/A EXHIBITS 1. Location map 2. Draft ordinance Respectfully submitted: .....~.. . .. . . . . . . .. .. .."". .". .. . . . . . . . .. . ... .. . ... .. . .. ..... .. .. .. . .. .... . . . . . ... . . ... . f1~~. ... ..... .... . ~~ .. Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by: ~..: :".:. ~:.. I~ :- -:--..'; .. u;...~:" I.. .: ,~<.. {'1il:::: ~,~~:~~:~.ltJ ......~ .-..~~.J~-W~.~~' .I.~.... Pamela England Real Estate Specialist 2 Legend N W+E S Jim Christal Abandonment Location Map SITE Exhibit 1 Parcels Streets S :\Our Documents\Ordinances\07\Tim Christal Ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON ABANDONING AND VACATING AN APPROXIMATE O~5782-ACRE TRACT OF THAT CERTAIN PUBLIC RIGHT-OF-WAY BEING A TRACT OF LAND IN THE B.B~B~ & C. RAILROAD COMPANY SURVEY, ABSTRACT NO. 192, AND THE J. PERRY SURVEY, ABSTRACT NO. 1040, AND BEING A PORTION OF JIIvI CHRISTAL ROAD AND ALSO EMBRACING A PART OF THAT CERTAIN TRACT CONVEYED BY ANNIE SPURGIN TO J. NEWTON RAYZOR BY DEED RECORDED IN VOLUME 440, PAGE 342, OF THE DENTON COUNTY DEED RECORDS, DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE~ WHEREAS, the City of Denton Engineering Department has determined that a portion of Jim Christal Road is no longer required for street purposes, said street right-of-way being an approximate O.5782-acre tract of land located in the B.B.B. & C. Railroad Company Survey, Abstract No. 192, and the J. Perry Survey, Abstract No. 1040, as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the Development Committee Review staff has reviewed and approved the requested abandomnent; and WHEREAS, the City COlUlcil of the City of Denton has determined that the Property is no longer needed for street purposes, save and except for utility and drainage purposes; and WHEREAS, the City's interest in the Property is an easement interest and therefore pursuant to Subsection 272~OOl(b) of the Local Government Code the City's abandonment to abutting owners as provided for herein m~y be for less than fair market value; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Property is hereby abandoned for street purposes, save and except for the City's and public utility's right to continue to repair, maintain, construct and reconstruct utility and drainage facilities within the Property (the "Abandoned Property"). SECTION 2~ The Abandoned Property shall revert to the abutting and underlying fee owners as provided by law. SECTION 3. This Ordinance shall become effective immediately upon its passage and approvaL PASSED AND APPROVED this the day of , 2007. PERRY R. McNEILL, MAYOR Exhibit 2 S :\QUT Documents\Ordinances\07\Jim Christal Ord.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY: BY: y BY: Page 2 of2 EXHIBIT A DESCIIPnON OF PROPERTY SITUATED in the 01y of Dento~ Denton County. Texas; and being a iract of lond in the B. B. B.. & C.. - RAILROAD COMPANY SURVEY, Absrract No. 192,. and the J. PERRY SURVEY; Abstract No.. 1040, and being a portion of former Jim Christal Road (also former State Highway 24), and also embracing c part of thaf certain tract conveyed by Annie Spurgin to J.. Newton Rayzor by deed recorded in Volume 440,. Page 342~ of the Denton County Deed Records, and 011 being more fully described as follows: COMMENCING point of inter:section of a northwesferly line of a relocated pation of said Jim Christal Road with the northeasfer1y line of Oak. Street West, said intersecfion point being a caner of that certain right-of..way dedication described in aty Ordinance No.. 9J..057, recorded under Couniy Oerk's File N04 93-ROO22195, said point being on a curve whose center bears South 37 degrees. 21 minufes... 25 seconds West. 790.0 feet; THENCE northwesterly with said curve and said natheasterfy line of Oak S1reet West a cflStance of 196..82 to the PLACE OF BEGINNING OF THE TRACT HEREIN DESCRIBED in the south line of said former Jim Christal Road; THENCE continuing with said curve and said northeasterfy line of Oak Street West crossing sad former Jim Christal Road, a distance of 228..13 feet to a point in the north line of said fonner Jim Christal Road and the south line of thet certain Second Tract conveyed to J. Newton Rayzor by deed recorded in Volume 442. page 679~ of said Deed Records; THENCE North 89 degrees~ 30 minutes. 25 seconds East wifh said north fine of former Jim Christal Road and south line of said Rayzor Second Tract, 680.70 feet to the point of int~ection of said north end south line with said northwesterly line of relocated Jim Christal Road, said point being on c curve whose center becm South 0 degrees, 36 minutes., 23 seconds East; 340.57 feet; THENCE westerfy wITh said curve and said northwesterly fine of relocated Jim Christal Road. again crossing said former Jim Christal Road. in ell, a dis1ance of 204,,58 feet to the point of intersection of said northwesterly fine with said south line of former Jim Christal Road; THENCE South 89 degrees. 30 minutes. 25 seconds West with said south line of former Jim Christal Road, 269.04 feet to the PLACE OF BEGINNING. end containing 25.187 square feet (0..5782 cere). OCT-~1-2ae6 0S:i~ PM GERRV CURT%S ASSOCIATES r-.lIO-..&. i 8 0 ...~ ~ ~co ~ .. l' ~ ~ ....1 z. cc ~Q: J! Q) - ,'" 8 ~ gS""~ .- ..'Ii ~ Ui ~ a: ~ G I I tn~i~ ~ co"'" a OJ: - e ~ )C'.-€ ..." tB~ ~ ~ f5 ffi. .~ C- qo ~~ ~ (!) Q.L..I. .J, .~ ) ~ LJ .s II >-.. II . ~9 ~6el: l~l I ~ -I ~ t)-t .s ~ c..., l ~ -' ~ ~~ ~ Ulr: l \.1 ; ~ 'i ~ ~ I!j 0- ~ ~ -~ i-I tr) S Ql ~ .... d --. CD :t L) :tl( I. I.U N C'* ..... I ~ -< t.:..., ... ~ . .. .. ..... . .. .. .. .. .. ~. ..., L) m I &i~J. ~C3 ~, ;~~ eq ~ 1 oS . cq II !Ii eQ ~ I ...n................... "I C'- '-, l1-1 Cl, ~ ~ .SI ~ -J S ~1"..6.:5>4~61t;::11. ~ ~ ~ I 4C ., CD .. Q)~ .cO.cO -..... (.) ..... ..... I c: --Oce -- 0:::: c -0 . C ~ o 0::: ~ ~ _ .,....:". ~.~ .s3{ (.) eM) '+- - .... ~ ~~ OCddJ:cn .. -; c: 0) >- '0 ~ .r ~ ..2~ai~"~ ~8 [ ':8(..)ai ~c;c:6 ..9 C- E . ..... .c: S 0 - :) etfJc. ~ ---'.-,....:,,.. · c Q) I en ~ --.. ..... .., ~ --.. .- c ~ AGENDA INFORMATION SHEET AGENDA DATE: February 20,2007 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 3709- Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $902,000). The Public Utilities Board recommends approval (7-0). BID INFORMATION This bid is for the annual contract to supply water treatment chemicals for the water production and wastewater treatment process. The chemicals are delivered in bulk quantities to on-site storage facilities. RECOMMENDATION Award to the lowest responsible bidder for each item as listed below: Item Description Price Vendor 1 LIQUID CHLORINE, NSF 60 CERTIFIED $0.2500/LB HARCROS (ONE TON) CHEMICALS 2 LIQUID CHLORINE, NSF 60 CERTIFIED $0.3575/LB DPC INDUSTRIES (BULK) INC. 3 CHLORINE 150# CYLINDER $0.8300/LB HARCROS NSF 60 CERTIFIED CHEMICALS 4 SODIUM HYPOCHLORITE $0.0619/LB PETRA CHEMICAL COMPANY 5 LIQUID OXYGEN NSF 60 CERTIFIED $0.046/LB BOC GASES 6 FLUROSILICIC ACID, $0. 1742/LB PENNCO INC. NSF 60 CERTIFIED 7 LIQUID CAUSTIC SODA $0. 1679/LB ONIV AR USA NSF 60 CERTIFIED 8 POTASSIUM PERMANGANATE $1.8400/LB BRENNTAG SOUTHWEST 9 ANHYDROUS AMMONIA, $0.4400/LB TANNER NSF 60 CERTIFIED INDUSTRIES INC. 10 CATIONIC POLYMER, NSF 60 CERTIFIED $0.5650/LB POL YDYNE INC 11 LIQUID FERRIC SULFATE $0.06985/LB GENERAL CHEMICAL Agenda Information Sheet February 20, 2007 Page 2 RECOMMENDATION (CONTINUED) Item 7a is an alternate and will not be awarded. The low bid for Item 3 has a firm price for three months, which is acceptable since this item is only ordered one time per year. PRIOR ACTIONNIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board approved this item at its February 12, 2007 meeting. PRINCIPAL PLACE OF BUSINESS DPC Industries Inc. Cleburne, TX Harcros Chemicals Dallas, TX Univar Dallas, TX Petra Chemical Co. Dallas, TX Pennco Inc. San Felipe, TX Poly dyne, Inc. Riceboro, GA General Chemical Performance Products, LLC Parsippany, NJ BOC Gases Murray Hill, NJ Brenntag Southwest Lancaster, TX Tanner Industries Southampton, P A ESTIMATED SCHEDULE OF PROJECT This is an annual contract with the option to renew for additional one-year periods contingent upon all prices, terms, and conditions remaining the same. Delivery of individual chemicals varies from 3 days to 2 weeks and will be ordered as needed. FISCAL INFORMATION: Funding for these water treatment chemicals will come from account 630100.6334. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet l-AIS-Bid 3709 c Q) E ..c u 2 ~ E CU .c u .... C CU E .... m CU I. l- I. CU r-.-.... g~ N I. ....0 0"- M.... >u I. m mb cn::::JC OCO r-.-mu M"'m ~W::::J Cl-C ....<CC mc<c ~ - m u .- ...I _ <c - ....::::>>> (l}z.... Wz <c ~ W .... .... a: o c z W > (I) ~::i ":; ;a 12'" "i: a. ...Iti...l I:: ::::s <c~ .... a: o c z W > .... 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AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS FOR THE CITY OF DENTON WATER TREATMENT PLANTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3709-ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE ANNUAL ESTIMATED AMOUNT OF $902,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3709 1, 3 Harcros Chemicals Exhibit A 3709 2 DPC Industries, Inc. Exhibit A 3709 4 Petra Chemical Exhibit A 3709 5 BOC Gases Exhibit A 3709 6 Pennco Inc. Exhibit A 3709 7 Univar Exhibit A 3709 8 Brenntag Southwest Exhibit A 3709 9 Tanner Industries Inc. Exhibit A 3709 10 Poly dyne Inc. Exhibit A 3709 11 General Chemical Performance Exhibit A Products, LLC 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 BY: ~M~ 3-0RD-BI~09 .. <( :.a :.c >< w .!! 10 .~ E GJ J: U ...., C GJ E ...., 10 GJ L. I- L. GJ 1'."'" om 03: N L. ... 0 0\1- M...., ~~ lOb CJ\::::SC OCO I'. IoU M"'"'ia =l:l:w::::s S~~ mcc:c c::: o c z w > c::: o c z w > c::: o c z w > c::: o c z w > c::: o c z w > c::: o c z w > c::: o c z w > QJU -;a~:: ~ E ,~ fa VI fa QJEEtj c...... ~ ~ .E ~ ,9- z ~ U ~ e ~ 0.. 0.. 0.. c::: o c z w > c::: o c z w > c::: o c z w > z o I-0oI I- 0.. I-0oI c::: U U) w C :E o ::) ..J "ce " 1-::)> U)zl- Wz ce :E w I- I-0oI u C I-0oI 10. ... QJ VI C QJ c 'i: fa.... 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Q) "D "D as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 DRAFT MINUTES PUBLIC UTILITIES BOARD February 12, 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 convened into an Open Meeting on Monday, February 12,2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas to consider the following specific agenda items. Present: Chair Charldean Newell, Dick Smith, Bill Cheek (arrived at 9:07 a.m.), Phil Gallivan, Bob Bland, John Baines and Randy Robinson Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell, City Manager, excused 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. Board Member John Baines pulled Item 1 for individual consideration. Chair Newell pulled Item 5 for individual consideration. 2) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of governments (H-GAC) for the acquisition of one lube truck for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3726-lnterlocal Agreement for Lube Truck with H-GAC awarded to Rush Truck Center of Texas L.P. in the amount of$210,173). 3) 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 one aerial bucket truck for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3725-lnterlocal Agreement for the Purchase of One Bucket Truck for Denton Municipal Electric awarded to Philpott Ford in the amount of $83,259). 4) Consider approval of an Agreement for Professional Services with R.J. Covington Consulting, LLC for representation of Denton Municipal Electric at ERCOT committee meetings and analysis of the impact of proposed ERCOT policies regarding the operation of the electric wholesale and retail market for an amount not to exceed $85,000. Board Member Dick Smith moved to approve agenda items 2, 3, and 4 with a second from Board Member Randy Robinson. The motion was approved by a 6-0 vote. 1 Draft Minutes - Public Utilities Board Meeting 2 February 12, 2007 3 Page 2 of3 4 5 6 ITEMS FOR INDIVIDUAL CONSIDERATION: 7 8 1) Consider recommending approval of competitive bids and awarding an annual contract for 9 the purchase of water treatment chemicals (Bid 3709-Water Treatment Chemicals awarded to 10 the lowest responsible bidder in the total estimated amount of $920,000). 11 12 Board Member Baines stated that he had some difficulty following the bid document formatting. 13 There were items with no bids and items with some bids and he had difficulty understanding how 14 the final selection was made. 15 16 Tim Fisher, Assistant Director of Water Utilities, explained that the bid award was made on a 1 7 "by the chemical" basis with the reason being that companies only offer one or two products, 18 which resulted in a bid award to multiple vendors. 19 20 Board Member Baines moved to approve with a second from Board Member Phil Gallivan. 21 The motion was approved by a 7-0 vote. 22 23 5) Consider approval of a Second Amendment to Professional Services Agreement for Architect 24 or Engineer for professional engineering and design services between the City of Denton and 25 Chiang, Patel, & Yerby, Inc. (CP & Y) for the preparation of plans and specifications for the 26 landfill scale system, for a not to exceed price of $22,000. 27 28 Chair Newell asked what was included in the clerical/administrative costs in the breakdown of 29 the hourly billing rates. 30 31 Vance Kemler, Director of Solid Waste, responded that was a group of employees that may work 32 on the project and they are administrative and not necessarily clerical in nature. 33 34 Board Member Baines offered the example that a CPA firm, on the high end, costs could average 35 about $225 an hour and that for experienced administrative people, the cost might be as much as 36 $100 an hour. 37 38 Board Member Bill Cheek asked what the budgeted amount was for the scale system. 39 40 Kemler replied that it was somewhere in the vicinity of $240,000 to $250,000. 41 42 Board Member Bob Bland moved to approve with a second from Board Member Cheek. 43 The motion was approved by a 7-0 vote. 44 45 7) Consider approval of a service contract with Heritage Environmental Inc., under Denton's 46 inter-local agreement with the City of Fort Worth, in the amount not to exceed $20,000, for 47 the collection, processing, and disposal of household chemicals collected from Denton's 48 residents through the City's of Denton's Home Chemical Collection Program. 49 50 Shirlene Sitton, Recycling Manager, provided an update on the Home Chemical Collection 51 Program (HCCP) noting that construction of the facility begin in July 2006 and was completed in 1 Draft Minutes - Public Utilities Board Meeting 2 February 12, 2007 3 Page 3 of3 4 5 6 November 2006. Grand opening of the facility was held on November 15,2006 and that 7 collection of all chemicals began on November 16,2006. Sitton pointed out that some of the 8 building features are recycled glass in the terrazzo floor, and that all of the interior wall paint was 9 donated by the City of Piano and came from its recycled program. 10 11 Staff was able to obtain at $78,000 grant, which was used to purchase a paint can crusher, a 12 forklift, a pallet lift jack for the forklift, chemical cabinets, educational and promotional supplies, 13 and tent rental for paint collection which was undertaken before the site was completed. 14 15 Sitton stated that collections to date include 2700 gallons of paint, as well as 165 curbside 16 collections of a variety of chemicals such as automotive fluids, batteries, lawn and garden and 1 7 some miscellaneous items. 18 19 Staff is planning to open a reuse store sometime in the spring once the road is finished which will 20 offer useable materials collected through the HCCP and are still available commercially and in 21 its original container. 22 23 Sitton noted that the HCCP was not a curbside service and that collections will be scheduled 24 through the customer service division and will be offered during the morning hours Monday 25 through Thursday. 26 27 Board Member Bland suggested that a stuffer outlining the process be placed in the utility bills to 28 make customers aware of the program, where to call and how to schedule a collection. Chair 29 Newell suggested that the flyer also tell people how to deal with items that are "iffy" and not 30 eligible for pickup. 31 32 Board Member Phil Gallivan moved to approve with a second from Board Member 33 Robinson. The motion was approved by a 7-0 vote. 34 35 The meeting was adjourned by consensus at 9:37 a.m. AGENDA INFORMATION SHEET AGENDA DATE: February 20,2007 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Frank G. Payne, P.E. 349-8504 ACM: Jon Fortune II SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to execute Change Order One to the contract between the City of Denton and Jagoe-Public Company; providing for the expenditure of funds therefore; and providing an effective date (Bid 3518- Vintage Parkway Paving Change Order One in the amount of$212,772). CHANGE ORDER INFORMATION The Vintage Boulevard Paving Improvements project was funded in 2003 as part of the Capital Improvement Program for the purpose of constructing an extension of Vintage Boulevard from Bonnie Brae Street to U.S. Highway 377 on the east side of Bonnie Brae. The original bid project included the construction of approximately 4,600 feet of new roadway with a 25-foot wide landscaped median and one travel lane in each direction. The project also included approximately 900 feet of improvements to u.s. Highway 377 within Texas state right- of-way. Bids for the construction phase of the project were received on June 15, 2006. Each bidder was asked to submit a cost for one or both of the following two alternate pavement section options: · Alternate Paving Section Option 1: 12" Reinforced Portland Cement Concrete · Alternate Paving Section Option 2: 12" HMAC with 6-lnch Curb and Gutter In July of 2006, the City Council approved the award of this project using Alternate Paving Section Option 1 in the amount of$I,314,007.25 to Jagoe-Public Company. Change Order Number 1 consists of the construction of approximately 600 feet of additional 12-inch thick concrete pavement within the Vintage Boulevard right-of-way on the west side of Bonnie Brae Street and the construction of two asphalt street connections to Vintage Boulevard at Bonnie Brae. The location of this project is shown on Attachment 1. The work being performed as part of this change order was originally anticipated to be funded and constructed by private landowners per the requirements of the City of Denton Development Code during the future development and platting process for the adjacent properties. However, this work is now being added to this project to provide connectivity between Vintage Boulevard, 1-35W, US 377 and the new City of Denton Fire Station Number 7. The contractor has agreed to perform the majority of this additional work at the same unit costs provided in the original construction contract. However, the costs for five of the items originally bid as lump sum have increased due to a major change in scope for the project caused by this change order. Also, a remobilization cost has been added and the unit costs for two of the other items have been renegotiated. This information is shown on the Change Order Form included as Attachment 2. Agenda Information Sheet February 20, 2007 Page 2 PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) City Council passed Ordinance 2006-145 on May 16, 2006 approving a public at-grade railroad crossing agreement between the City of Denton and the Union Pacific Railroad associated with this proj ect. City Council passed Ordinance 2006-191 on July 18, 2006 awarding a public works contract for paving improvements to Vintage Parkway to Jagoe-Public Company in the amount of $1,314,007.25. RECOMMENDATION Award Change Order One to Jagoe-Public Company in the amount of$212,772.00 for a total bid award amount of $1,526,779.25. PRINCIPAL PLACE OF BUSINESS Jagoe-Public Company Denton, TX ESTIMATED SCHEDULE OF PROJECT This project is currently under construction and is estimated to be completed by April 2007. FISCAL INFORMATION This Change Order will be funded from City of Denton account: US 377 Alternate / Vintage Parkway - 350104452.1360.40100. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Site Location Map Attachment 2: City of Denton Change Order Form 1-AIS-Bid 3518 Attachment 1 Vintage Boulevard West of Bonnie Brae Street Site Location Map RINGSIDE 8 GRIDGE THIS PROJECT VINTAGE BLVD. WEST OF BONNIE BRAE STREET PAVING AND DRAINAGE JMPROVEMENTS. ALLRED ROAD OlAR WAY CORSI N ROAD VINTAGE BLVD. PAVING IMPROVEMENTS EAST OF BONNIE BRAE STREET w <:( 0::: CD w Z Z o OJ Attachment 2 CITY OF DENTON CHANGE ORDER 1 . Division (Department) 2. Pu rchase Orde r No. 3. Change Order No. Utility and CJP Engineering 129290 1 4. Name of Project 5. Project Acct No. 6. Date Prepared 5. Vintage Parkway 350104452. 1360.40100 February 5~ 2007 Paving Jmprovements 7. Name and Address of Contractor Jagoe-PubJic Company PO Box 250 Denton) TX 76202 8. Descri ptio n of Wark Included in Contract S ubg rade stabi I ization t concrete and H MAC pavement con struction, erosio n co ntroJ a nd pave me nt ma rki ngs in V j ntage Sou I evard west of Bon n ie Brae Street. 9. Changes ordered and reason ordered This change order includes the construction of approx. 6DO-feet of 12-inch thick reinforced concrete pavement within the Vintage Boulevard right-af-way west of Bonnie Brae Street. This change order also includes the construction of two asphaJt street connections to Vintage Boulevard at Bonnie Brae Street. These changes are required because Vintage Sou leva rd west of Bon n ie 8 rae Street was not j nclud ad as part of the orig ina I Vintage BouJevard project 10. Co ntract Changes Bid Jtem Origi nal Contract Unit Revised Negotiated Original Revised No Est,mated Prjce Estimat C.O. Unjt Estimated Cost Esti mated Cost Quantity ed Price Quantity A. Mo b ilizatio n 0 $0.00 1 $9 t 500.00 $0.00 $9,500.00 B. Contractors 1.21 1 $55 t 000 1 $65,000.00 $55,000 $65,000.00 Warranties and Un de rsta nd i ngs C. Project Sjgns SC-4 2 $300.00 4 $600.00 $1 J2OO.OO 04 Tempo rary Erosion 3.12 1 $26, 000 ~ 00 1 $30J500 .00 $26,000.00 $30~500.00 Co ntro l E 4 Barricades, Warn j ng 8.1 1 $6,000.00 1 $12,000.00 $6,000.00 $12,000.00 Sig ns and Detou rs F. Preparation of Right- 3.1 1 $10tOOO.OO 1 $13,500.00 $10,000.00 $13~500.00 of-Way G. Compacted Filii 3.7 19 J 560 $3.25 20,285 $4.50 $84,820.00 $88 t082.50 Embankment H. Type B Hydrated 2.5 450 $95.00 530 $42,750.00 $50)350.00 Lime Slurry I. an Lime Stabilized 4.6 20,695 $2.65 24,390 $4.50 $54,841.75 $71 )469.25 Subgrade J. 12~' Reinforced 5.8 16,710 $48 ~ 00 19,537 $802,080.00 $937,776.00 Portland Cement Concrete Pavement K. 5)J Hot~M[x AsphaJtic SC-1 2,120 $12.50 2,432 $26,500.00 $30,400.00 Concrete Base Course (Type A) L. 2u Hot -Mix Asp haJtic SC-1 21120 $6.75 2,432 $14J31 O~OO $16)416.00 Concrete Surface Course (Type C) M. 6" Rei nforced Pia ns 202 $81 .25 230 $16,412.50 $18)687.50 Patterned Co ncrete N. Hyd romu Ich 3~ 10.7 34,160 $0.50 36,330 $17,080.00 $18,165.00 O. Pavement Markings SC-3 1 $10,048.00 1 $14,848.00 $10,048.00 $14J848.00 and Signage P. 4n PVC Condu it for Plans 1 ,020 $6.00 1 ,240 $6,120.00 $7~440.00 t rrigatio n Pu rposes TOTAL $1,172t562.25 $1 ,385~334.25 11 . Orig i n al Contract Price $1 t314t007.25 increase. j n contract price $212,772.00 New Contract Price $1,526,779.25 Decrease j n co ntract price N/A 12. Contract time increased/decreased by A> days. New contract time I /~ days. THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBYJ IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. 13. SUBMITTED BY: ~C;Jf.t.\: ~W~t~ ~~~ )'?~. e. -1. ~ Di Date Z/7/07 Date 2tio7 14. ACCEPTED BY CITY ENGINEER: 15. ACCEPTED BY CONTRACTOR: t! l c Co. P rl.~: ~ Title 16. ASSJSTANT CJTY MANAGER: Sig nature Date 17. DIRECTOR OF UTILfTIES: Sig natu re Date CONDITIONS OF APPROVAL: 18. PURCHASlNG/FINANCE: Sign atu re Date 19. COUNClL APPROVAL OF NEEDED) Signatu re Date ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE CHANGE ORDER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND JAGOE-PUBLIC COMPANY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3518-VINTAGE PARKWAY PAVING CHANGE ORDER ONE IN THE AMOUNT OF $212,772). WHEREAS, on July 18,2006, by Ordinance No. 2006-191, the City awarded a public works contract to Jagoe- Public Company in the amount of $1,314,007.25 for the Vintage Parkway Paving Improvements; WHEREAS, Staffhaving recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Change Order No. One, increasing the amount of the contract between the City and Jagoe-Public Company, which is on file in the office of the Purchasing Agent, in the amount of Two Hundred Twelve Thousand Seven Hundred Seventy Two and no/l00 Dollars ($212,772), is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $1,526,779.25. 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 W AL TERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~~ 3-0RD-Bi~8 Change Order One - AGENDA INFORMATION SHEET AGENDA DATE: February 20,2007 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 with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of one lube truck for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3726-lnterlocal Agreement for Lube Truck with H-GAC awarded to Rush Truck Center of Texas L.P. in the amount of$210,173). The Public Utilities Board recommends approval (6-0). FILE INFORMATION This request is for the acquisition of a lube/service body truck for the City of Denton Landfill. It will be utilized to fuel, lubricate and service the heavy equipment used in the landfill operation without moving the equipment to a central place. This lube/service truck will be operated by the Fleet Service Department to fuel, lube and service equipment from Solid Waste and other City departments. The vehicle and operating costs will be distributed among the using departments. The unit is made up of a 2006 Peterbilt 357 chassis and a Curry super lube service body. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board approved this item at its February 12, 2007 meeting. RECOMMENDATION Award to Rush Truck Centers of Texas L.P. in the amount of$210,173. PRINCIPAL PLACE OF BUSINESS Rush Truck Centers of Texas L.P. Houston, TX ESTIMATED SCHEDULE OF PROJECT The chassis is in dealer stock and the mounting of the body can be accomplished within 30 days from receipt of the chassis at the body factory. Delivery is estimated to be approximately March 15,2007. Agenda Information Sheet February 20, 2007 Page 2 FISCAL INFORMATION This truck will be funded from a third party lease purchase agreement approved by Council on November 7,2006. The truck will leased over a 60 month time period and become the property of the City of Denton at the end of the lease. This truck was approved as a fleet addition in the landfill budget, and the lease payment will be made from Landfill account 660300.7847. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: H-GAC Pricing Sheet Rush Truck Centers Attachment 2: H-GAC Pricing Sheet for Curry body l-AIS-File 3726 Attachment 1 CONTRACT PRlCING WORKSHEET This Form In ust be prepared by Contractor, and provided to End User to attach to Purchase Order, with copy to H-GA CA I The H-GA C fee shall be calculated and shown as a separate line item~ %~ nk .~. ~fft:"'f-:::::-~~~~ ::: ::: ::::::::::::-:-:::~%::.~~~;~ ~~ .~:~ ::::a.H::: :B: HH gB~-:-~:::."": .. ". ~"'-:-:::.B B~::::::::: ::: :B: ::'H":-:." ~ ~d-:'-:-.:::::-::-::.::-::.:::::.B:%:::-::-:: :; ::: ::::H:% :;$:' . ~ . ~ : ~ ::"::::::g:::::.~::::::::; ... ::..:-::-.:~--=';~.:::-::H:::g ::: ~~.a :.... . . ~h~.::$~.~ ~ M -::-::N~p.: ., .., ~~~ Hl%tl~U~~HH *l Buying DENTON, CITY OF Contractor: RUSH TRUCK CENTERS OF TEXAS, L.P. Agency: Contact MIKE ELLIS Prepared By: CHARLIE PLOUSE Person: Phone/Fax: 940-391- 7358 Phone/Fax: (713) 495-6304 /1 (713) 695-9620 Location City, 901 TEXAS STREET Contract No.: HT11-05 State: DENTON, TEXAS 76209 Date: 1/10/2007 Product Code: JD Product PETERBIL T 357 CHASSIS [WITH CURRY SUPER LUBE SERVICE BODY] Description: frfIT~Dn ~{;~;'.;: ,. -: ~.>~~~~~n~~.~M HtHPg n ~ l n, ~' ~ ' >,'~~~;~nn~~ ~ ~~~ ~ f n:\~n~~':'-- .... . .',.0: ,~~'n<;~~~q? ~~w. ~u~un1"~.'.... :": <:: :::H=.:: ::: ::: :::::;:;:.::;:::W:;:..:;:t:;:H;t=:: ~~.::~:;~.:: ~..:-:-. ~ . : .':;~~~wni-h\M1tt~%h gHh~~~^~, .... . -: ~ '~~~~~~ r ~~%~=~~%H. ~~ <,.. . ." :<-:--:}4.::;::u;.:;~~&::::J:::.-::::...::~ :::-:::::-::...~ .~.. :". ": ~::-:---;::;:.::a:;:.::;.;:,:;:;:-:;i;;:::.:;:;:-::::- A. Item Base Unit Price Per H-GAC Contract: A:I $ 98,473.00 . ;~~ wm. d\WH'^~'. .; .;, .;~ ',o~~~~l~%dnH nu'. ... , ~ ~~ gnnt wn~~~~t~ ~ .~~", .,. . ."". '~,. nHnb1wmdh~H'.'. .,. . . ,~~~ ~~~~HU~Un~bgnbb~ ;~~ "'" ,. . ..,.. '~~~~~~n gndgHH4HP~~~~"." . . . ., r~ ~'~n~dnnWd~~d.~ ~y~' . .~ ~\'HH~gggww~~~ H. h ~,~ n.. .. :;H -: ~ ~ B. PubIisheQ Options (Itemize below and attach additional sheet(s) if necessary) Code Description Cost Code Description Cost Subtotal From Additional Sheet(s): $ 117,631.62 Subtotal B: $ 117,631.62 ilL;;:::: n. mmmmmUmU~Pi u ~i;.; :,' ~~ '::.~.' ~~~ FNln~~!~~eli 1) , . ; r: lionS;:'aT~~6n~(jnsHsnJ}Inli:retlrlWltll.fb.ei~c~;ri:trac' . . . , "~~~ i rmuunuu Lb~u, ,~~ ,s~ ~e;d~~,,~~ ; c. Unpublished Options (ltemize below and attach additional sheet(s) if necessary) Code Description Model 357 discount Cost Code Description Cost $ - $ ~ $ - $ - $ - $ - $ (10,206.62) Subtotal From Additional Sheet(s): Subtotal C: $ (10,206.62) Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). For this transaction~ the percentage is: -4.72% .~ ~ {H~~U~ '<< ..... ..,. ,. '~~.,~,~nH~~ bHU Hnl lFB( . .,..,"~.~ k~q *n g* ti P~~~~y?,.y,., ...,.., '".<<Bl~g?;0ng~'lTii~ t\P~~'''''''. . ... ...,",;.L d~g*~~nnp%~~~~~~~'''>~' ,."" . , :::' .d~~~ ~d# gh~~~~~~H~~'~'"'' ... ~~;~pg~q~%%~Wn~'^,.",.. "<'~'~l:"$~~ t n ~ ~~ HB,~" ,... . " '~~~l~~ n ~~~~ D. Other Price .Adjustments (E.G. Installation, Freight, Delivery, Etc.) Subtotal D: . . ~::~~ ?:.?;~ nn ~ dH.r~~~.. . . ::";-=-::H ~~:HH.H:.::'; Hn:::==-~~~;~ . E. Unit Cost of Item Before Fee & Non-Equipment Charges (A+B+C+D) Quantity Ordered $ 205,898.00 X 1 Subtotal E: $ 205,898.00 inn ~ B'; n. . .' ~, , ~ "~. l~~ ~ ~ ~ ~gg ~gHg. al~; ,,: . ..."., ,~q~~ HHFH.HPg ~ u~u.':O '..: ~ .: . . :. : ~,.,: Pd~~M ~~ ~H~ n ~Hmt?fH n ~ < ~' ,.~. . . . "" . ..: ., <.~ ~n~~~~~ #~~q~%~~~~~~~M~~h%~ h~~'."^'.' .... ;,' ~ ~ g~ ~ 'l UH#~lH'}-tljqnnn n~~~"!? ~" '. ...,~, ~p~ ~ l~~~~%q%~%%%~Hl bg~". . F. H-GAC Fee Subtotal F: $ 1,000.00 .:~:;::- ~L~HM~dH:-~ ... ".. ...:c:->~~~:::~~==-:;~H~::-~~d . ~Hn:-.q":="'.=:-~.~. ~ .~:-:.~.:::::.~.:::-n ~~.:: .::~ ~ ;:n.H::-?::::~~H=:-n~q~:.... . , ~~~~~gi M~~~~nh~l ~ ~,. ~ . ".~ ~, ~ ~~~~~ ln~N~g~~%~~ l~ l~ l ~ ~ >. ~~: ;' G. Non-Equipment Charges (Trade-In, Extended Warranty, etc.) Cummins 7 Year/250,OOO Mile Extended Warranty Allison 5 Year Extended Warranty $ $ $ Subtotal G: $ 1,375.00 ] ,900.00 3,275.00 .", .. ',(, upffRITITP ~ ~r?~~l~'~~~'l ,~",.,. ' ~. ,.,'" n~~nn ~m~p~%~~n~"~'.. ,Ht.~Wnin~%Hn Hl~~n~~~E~";<",^... ""'.',~q~~."~~Hnu~nn gnp%nHH~~~n.l"~l,;,~,,~"",:, "",. "'.'.'<Htn nnn * n~Wd gr a;',..~",.. ......'~~~H? ~ Fm~ l ~ ,.,.,,;,".., (Please Type, or Print Legibly) Total Purchase Price (E+F+G): $ 210,173.00 Estimated Delivery Date: 3/15/2007 H. Attachment 2 DENTON, CITY OF February 1, 2007 H-GAC HT11 ~05 Peterbilt Trucks Contract Page Two (2) H-GAC Contract Offer NOTE: CONTRACT CHASSIS WAS UPGRADED TO A MODEL 367 [AN UNPUBLISHED OPTION DOWNGRADES BACK TO THE MODEL 357] PETERBIL T CHASSIS: [FOR CURRY SUPER LUBE SERVICE BODY] H-GAC CONTRACT PRICING COMPUTATION: COMPLETE CHASSIS (AS OFFERED TO DENTON) LIST PRICE: $ 171,618.00 BASE CHASSIS LIST: $ (134,502.00) THEREFORE: CHASSIS OPTIONS [LIST PRICE]: $ 37,116.00 CHASSIS OPTIONS DISCOUNT PER H-GAC LIST H-GAC HT11..05 CONTRACT DISCOUNT $ 37,116~OO 30.500/0 OPTIONS NET L$_ _ _2~7!5.!>>~ H-GAC CONTRACT 30.50/0 DISCOUNT = .695 MULTIPLIER "NON.CHASSIS" CONTRACT OPTIONS PER H-GAC HT11-05 PRODUCT CODE uJO" [FOR CURRY SUPER LUBE SERVICE BODY] RTC51 (2) LUBE TRUCK BODIES RTC67 SERVICE BODY RTC93 (3) HYDRAULIC TOOL CIRCUIT RTC96 (5) SOLVENT PUMP RTC108 SHOP LABOR - 188 HOURS @ 84.00 [Shop Labor - Shorten Frame & Install Body & Hydraulics] NON CHASSIS CONTRACT OPTIONS TOTAL PRICE $ $ $ $ $ 62,550~OO 8,700.00 3,264.00 1,530.00 15,792.00 $ 91,836.00 TOTAL OF H-GAC CONTRACT PUBLISHED OPTIONS AS LISTED ON PAGE ONE (1) r$- - 117;631-:621 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF ONE LUBE TRUCK FOR THE CITY OF DENTON SOLID WASTE DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3726-INTERLOCAL AGREEMENT FOR LUBE TRUCK WITH H-GAC AWARDED TO RUSH TRUCK CENTERS OF TEXAS L.P. IN THE AMOUNT OF $210,173). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3726 H-GAC/Rush Truck Centers $210,173 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ~~~D~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 DRAFT MINUTES PUBLIC UTILITIES BOARD February 12, 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 convened into an Open Meeting on Monday, February 12,2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas to consider the following specific agenda items. Present: Chair Charldean Newell, Dick Smith, Bill Cheek (arrived at 9:07 a.m.), Phil Gallivan, Bob Bland, John Baines and Randy Robinson Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell, City Manager, excused 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. Board Member John Baines pulled Item 1 for individual consideration. Chair Newell pulled Item 5 for individual consideration. 2) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of governments (H-GAC) for the acquisition of one lube truck for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3726-lnterlocal Agreement for Lube Truck with H-GAC awarded to Rush Truck Center of Texas L.P. in the amount of$210,173). 3) 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 one aerial bucket truck for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3725-lnterlocal Agreement for the Purchase of One Bucket Truck for Denton Municipal Electric awarded to Philpott Ford in the amount of $83,259). 4) Consider approval of an Agreement for Professional Services with R.J. Covington Consulting, LLC for representation of Denton Municipal Electric at ERCOT committee meetings and analysis of the impact of proposed ERCOT policies regarding the operation of the electric wholesale and retail market for an amount not to exceed $85,000. Board Member Dick Smith moved to approve agenda items 2, 3, and 4 with a second from Board Member Randy Robinson. The motion was approved by a 6-0 vote. 1 Draft Minutes - Public Utilities Board Meeting 2 February 12, 2007 3 Page 2 of3 4 5 6 ITEMS FOR INDIVIDUAL CONSIDERATION: 7 8 1) Consider recommending approval of competitive bids and awarding an annual contract for 9 the purchase of water treatment chemicals (Bid 3709-Water Treatment Chemicals awarded to 10 the lowest responsible bidder in the total estimated amount of $920,000). 11 12 Board Member Baines stated that he had some difficulty following the bid document formatting. 13 There were items with no bids and items with some bids and he had difficulty understanding how 14 the final selection was made. 15 16 Tim Fisher, Assistant Director of Water Utilities, explained that the bid award was made on a 1 7 "by the chemical" basis with the reason being that companies only offer one or two products, 18 which resulted in a bid award to multiple vendors. 19 20 Board Member Baines moved to approve with a second from Board Member Phil Gallivan. 21 The motion was approved by a 7-0 vote. 22 23 5) Consider approval of a Second Amendment to Professional Services Agreement for Architect 24 or Engineer for professional engineering and design services between the City of Denton and 25 Chiang, Patel, & Yerby, Inc. (CP & Y) for the preparation of plans and specifications for the 26 landfill scale system, for a not to exceed price of $22,000. 27 28 Chair Newell asked what was included in the clerical/administrative costs in the breakdown of 29 the hourly billing rates. 30 31 Vance Kemler, Director of Solid Waste, responded that was a group of employees that may work 32 on the project and they are administrative and not necessarily clerical in nature. 33 34 Board Member Baines offered the example that a CPA firm, on the high end, costs could average 35 about $225 an hour and that for experienced administrative people, the cost might be as much as 36 $100 an hour. 37 38 Board Member Bill Cheek asked what the budgeted amount was for the scale system. 39 40 Kemler replied that it was somewhere in the vicinity of $240,000 to $250,000. 41 42 Board Member Bob Bland moved to approve with a second from Board Member Cheek. 43 The motion was approved by a 7-0 vote. 44 45 7) Consider approval of a service contract with Heritage Environmental Inc., under Denton's 46 inter-local agreement with the City of Fort Worth, in the amount not to exceed $20,000, for 47 the collection, processing, and disposal of household chemicals collected from Denton's 48 residents through the City's of Denton's Home Chemical Collection Program. 49 50 Shirlene Sitton, Recycling Manager, provided an update on the Home Chemical Collection 51 Program (HCCP) noting that construction of the facility begin in July 2006 and was completed in 1 Draft Minutes - Public Utilities Board Meeting 2 February 12, 2007 3 Page 3 of3 4 5 6 November 2006. Grand opening of the facility was held on November 15,2006 and that 7 collection of all chemicals began on November 16,2006. Sitton pointed out that some of the 8 building features are recycled glass in the terrazzo floor, and that all of the interior wall paint was 9 donated by the City of Piano and came from its recycled program. 10 11 Staff was able to obtain at $78,000 grant, which was used to purchase a paint can crusher, a 12 forklift, a pallet lift jack for the forklift, chemical cabinets, educational and promotional supplies, 13 and tent rental for paint collection which was undertaken before the site was completed. 14 15 Sitton stated that collections to date include 2700 gallons of paint, as well as 165 curbside 16 collections of a variety of chemicals such as automotive fluids, batteries, lawn and garden and 1 7 some miscellaneous items. 18 19 Staff is planning to open a reuse store sometime in the spring once the road is finished which will 20 offer useable materials collected through the HCCP and are still available commercially and in 21 its original container. 22 23 Sitton noted that the HCCP was not a curbside service and that collections will be scheduled 24 through the customer service division and will be offered during the morning hours Monday 25 through Thursday. 26 27 Board Member Bland suggested that a stuffer outlining the process be placed in the utility bills to 28 make customers aware of the program, where to call and how to schedule a collection. Chair 29 Newell suggested that the flyer also tell people how to deal with items that are "iffy" and not 30 eligible for pickup. 31 32 Board Member Phil Gallivan moved to approve with a second from Board Member 33 Robinson. The motion was approved by a 7-0 vote. 34 35 The meeting was adjourned by consensus at 9:37 a.m. AGENDA INFORMATION SHEET AGENDA DATE: February 20,2007 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7100 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance authorizing the City Manager to accept an Interlocal Agreement with the City of Georgetown, Texas to authorize participation in various City of Denton contracts for the purchase of various goods and services and to authorize the City of Denton participation in various City of Georgetown contracts for the purchase of goods and services; authorizing the expenditure of funds therefore; and declaring an effective date (File 3734- Interlocal Agreement with Georgetown, Texas). FILE INFORMATION The Interlocal Cooperative Act, V.T.C.A. Government Code Chapter 791, authorizes respective participating governments to enter into joint contracts and agreements for the purchase of necessary materials, supplies, and services. Over the past several years, the City of Denton and other entities have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayers through anticipated savings. This agreement is an authorization of City of Georgetown to participate in contracts awarded by the City of Denton and also for the City of Denton to participate in contracts awarded by the City of Georgetown. This agreement will remain in effect until terminated by either party. This Interlocal Agreement will allow both parties to utilize contracts for supplies and services competitively bid by either city. RECOMMENDATION Approve the Interlocal Agreement between the City of Denton and City of Georgetown. PRINCIPAL PLACE OF BUSINESS City of Georgetown Georgetown, Texas ESTIMATED SCHEDULE OF PROJECT This agreement is effective upon approval by the City of Denton, Texas and will remain in effect until terminated by either party. Agenda Information Sheet February 20, 2007 Page 2 FISCAL INFORMATION Funding for purchases made though the agreement will come from the appropriate budget or bond account of the using department. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent l-AIS-File 3734 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH THE CITY OF GEORGETOWN, TEXAS TO AUTHORIZE PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES AND TO AUTHORIZE THE CITY OF DENTON PARTICIPATION IN VARIOUS CITY OF GEORGETOWN CONTRACTS FOR THE PURCHASE OF GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 3734- INTERLOCAL AGREEMENT WITH GEORGETOWN, TEXAS). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the City of Georgetown under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. 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-FiIJA"734 .. INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN CITY OF GEORGETOWN, TEXAS AND CITY OF DENTON, TEXAS STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made on the 23rd day of January, 2007, between the City of Denton, and City of Georgetown; jointly referred to herein as "parties"~ WHEREAS, the respective parties are authorized by the Interlocal Cooperation Act, V.T..C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies~ WHEREAS, it is the desire of the aforesaid parties to comply with and further the policies and purpose of the lnterlocal Cooperation Act; WHEREAS, the parties cannot normally obtain the best possible purchase price for materials and supplies acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all parties that said governments do enter into a mutually satisfactory agreement for the purchase of certain materials and supplies; WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the lnterlocal Cooperation Act, promise and agree as follows: l~ Purpose The purpose of this Agreement is to authorize the parties mutual participation in various contracts for the purchase of various goods and services. Participation in this cooperative program will be highly beneficial to the taxpayers of the participating parties through anticipated savings to be realized~ J)en fa" / ae."'J~f1JuJl1 fltrch,uin'llt!r<<h101f f>~e I ",e'.3 II. Duration of Agreement This Agreement shall be in effect from the date of execution until terminated by either party to the agreement. III. Relationship of Parties It is agreed that the parties, in receiving products and/or services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in which they are acquired. Neither party is an agent, employee or joint enterprise of the other, and each party is responsible for its own actions, forbearance, negligence and deeds, and for those of its agents or employees, in conjunction with the utilization and/or cooperative solicitation of any Supplier Agreement obtained in accordance with Texas law. Parties shall notify all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses, and shall keep participating parties informed of all changes to the Cooperative Purchasing list of contracts~ Nothing in this agreement shall prevent any participating party from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf Tom D. Shaw, C.P~M.~ Purchasing Agent is hereby designated as the official representative to act for the City of Denton in all matters relating to this agreement Marsha lwers, CPPB, Purchasing Manager is hereby designated as the official representative to act for the City of Georgetown in all matters relating to this agreement. N. Purchase of Goods and Services All products and services shall be procured in accordance with procedures governing competitive bids and competitive proposa1s~ The parties will be able to purchase from those contracts established by the other where notice has been given in the specifications and successful bidder has accepted tenns for Cooperative Purchasing Agreements for local governments. The parties hereto agree that the ordering of products and services through this agreement shall be their individual responsibility and that the successful bidder or bidders shall bill each party directly, or as deemed advantageous to both parties~ . :J)enftJl1la~ 1J!,~flJwn /ttrrJ,ASlhJ 1fiI~~JtMt . fJAJe :J.. ,f:g . , The parties agree to pay successful bidders or anticipating governments directly for all products or services received from current revenues available for such purchase. Each party shall be liable to the successful bidder only for products and services ordered by and received by it, and shall not by the execution of this agreement assume any additional liability. Parties do not warrant and are not responsible for the quality or delivery of products or services from successful bidder. The participating parties shall receive all warranties provided by successful bidder for the products or services purchased. In the event that any dispute arises between individual parties and a successful bidder, the same shall be handled by and between the participating party's governmental body and the bidder. IN WITNESS WHEREOF ~ the parties hereto have caused this agreement to be executed by their authorized officers thereon the day and the year first above written. CITY OF GEORGETOWN CITY OF DENTON By: George Campbell City Manager Pt!ntDn/au'FulrJ f'u..rGh~Jin'l ~A1f!/1f I'~ 3 or AGENDA INFORMATION SHEET AGENDA DATE: February 20,2007 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance determining a sole source and approving the expenditure of funds for the purchase of a Vapex Hydroxyl Ion Fog Odor Control System for the Hickory Creek Lift Station available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3727-Purchase of Vapex Odor Control Unit for State School Road Area awarded to Process Solutions, Inc. in amount not to exceed $60,000). The Public Utilities Board recommends approval (6-0). FILE INFORMATION This item is for the purchase of an odor control unit to be installed in the vicinity of the Denton State School along State School Road. The agenda sheet presented to the Public Utilities Board at its January 22, 2007 meeting (Attachment 1) provides a detailed report of the need for odor control and a recommendation of the type of unit needed to alleviate the odor problem. The recommended vendor, Process Solutions, Inc. is the exclusive distributor of the Vapex Odor Control System. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board approved this item at its January 22, 2007 meeting. RECOMMENDATION Award to Process Solutions, Inc. in an amount not to exceed $60,000. PRINCIPAL PLACE OF BUSINESS Process Solutions, Inc. Campbell, CA ESTIMATED SCHEDULE OF PROJECT This project can be initiated within (30) days of notice to proceed. Agenda Information Sheet February 20, 2007 Page 2 FISCAL INFORMATION This item will be funded from account 640066537.1355.40100. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Public Utilities Board (PUB) Agenda Sheet Attachment 2: PUB Exhibit 1 Attachment 3: PUB Exhibit 2 Attachment 4: PUB Exhibit 3 Process Solutions, Inc. Proposal Attachment 5: Sole Source Letter from Process Solutions, Inc. l-AIS-File 3727 Attachment 1 PUB AGENDA ITEM #5 PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET AGENDA DATE: January 22, 2007 DEP ARTMENT: Utility Administration Howard Martin, 349-8232" ACM: SUBJECT Receive a report on options considered for odor control in the State School vicinity, and the intersection of Teasley and Lillian Miller Roads, and recommend approval of the proposal from Process Solutions Inc. for the purchase of a Vapex Odor Control unit for the State School site in the amount not to exceed $60,000. BACKGROUND Based on citizen complaints and field verification by staff, the location in the vicinity of Denton State School along State School Road generates the majority of the odor complaints in the wastewater collection system. In addition to this location there have been sporadic odor complaints from the area at the intersection of Teasley Lane and Lillian Miller Road. These locations are as follows: . The area along State School Road that includes the Denton State School and the residential neighborhood south of State School Road (see Exhibit 1). . The manhole located at the intersection of Teasley and Lillian Miller Roads (see Exhibit 2) The State School Interceptor sewer on the frontage of Denton State School carries the majority of its wastewater flow from the Hickory Creek Lift Station. The wastewater flow from this lift station is conveyed thru a long 24-inch pressure pipe to the State School Interceptor gravity sewer. To inhibit the release of hydrogen sulfide gas at the discharge point of the pressure pipe and thru the downstream gravity sewer line, the wastewater department applies Bioxide into the wastewater at the Hickory Creek Lift Station. Bioxide is a nitrate that inhibits the release of hydrogen sulfide gas from wastewater. However, during seasonal temperature changes and temperature inversions, the application of Bioxide has not been able to control release of hydrogen sulfide gas resulting in odor complaints from the neighborhood. The manhole at the intersection of Teasley Lane and Lillian Miller Road is the recipient of discharge from three wastewater-pumping stations. The pressure pipes from all three pump stations discharge into this manhole. Bioxide is applied at all three pump stations to inhibit release of hydrogen sulfide gas. However, there are sporadic odor complaints from the neighborhood. Currently the wastewater department spends approximately $90,000 a year in Bioxide application for odor control at the above two locations. Approximately, 60% of this is spent at the Hickory Creek Lift Station. In 2006, there were numerous odor complaints from the State School vicinity. The Bioxide feed at the Hickory Creek Lift Station was doubled to contain the release of odorous gases in the vicinity resulting in chemical costs of up to $400 per day for the State School site. AIS - PUB Agenda Item #5 January 22, 2007 Page 2 of3 To find a more effective and less costly solution for odor control, the wastewater department retained the engineering firm Malcolm Pirnie last year. The consultant studied several options for odor control that are currently the state of the art. The treatment options studied are listed below: Liquid Phase . Alkali addition . Nitrate addition . Chlorine addition . Iron Salts addition . Hydrogen Peroxide . Permanganate . Super oxygenation Gas Phase . Activated Carbon Adsorption . Biofiltration . Packed Tower Wet Scrubbing . Bioscrubbers . Ozonation Initially, based on several factors that included initial capital cost, equipment size and profile, operation and maintenance costs, odor control effectiveness, and present worth analysis, the consultant recommended using the biofilter odor treatment option. However, towards the end of the study period it was noted that the Vapex Odor Control (V apex) unit that uses ozone technology was being used successfully along the east coast and at the Denton Creek Wastewater Treatment Plant in Roanoke, which the staff visited. The initial capital cost, operating costs, and small footprint made this equipment a very attractive candidate for application in the collection system. In the 2006 Water Environment Federation's annual conference in October, this equipment was listed in the 100 best technologies in the wastewater treatment field. Staff and the consultant contacted the vendor ofVapex to obtain a unit for a trial period of30 days. This unit was installed and operated by wastewater personnel during the trial period. Two Odalogs for continuous hydrogen sulfide concentration measurement were installed in the sewer manholes downstream of the Vapex unit. Also, each day during the trial period, wastewater personnel visited the site for smell test at various times during the day. The results were very good. During the operation of the Vapex unit, staff did not detect any wastewater odors during the smell tests. The hydrogen sulfide concentrations were reduced. During the 30-day trial period, the Bioxide feed at the Hickory Creek Lift Station was adjusted down slowly from 100% to 50% to 25%, all the way to zero feed. No odor complaints were registered during this period. Also, wastewater personnel did not detect any odors during the smell tests. Cost savings by reduction of Bioxide feed should pay for the initial capital cost of the Vapex unit in two to three years. Based on the successful field trial, comparable capital cost with the biofilter option, lower operation and maintenance costs, and the smallest footprint, the consultant has recommended purchase of the Vapex equipment. The vendor for Vapex has submitted a cost proposal for the odor control unit. The quote is for $60,000 (see Exhibit 3). The technology for this odor control AIS - PUB Agenda Item #5 January 22, 2007 Page 3 of3 unit is patented by the manufacturer. Staff is requesting approval of the cost proposal based on purchase of high technology equipment. Odalog data in the sewer manhole at the Teasley Lane and Lillian Miller Road intersection was also collected during the study period. The hydrogen sulfide concentrations were similar to the manhole at the State School vicinity. The location of this manhole at a busy intersection makes the operation and maintenance of odor control equipment very difficult. It is the intention of the wastewater department to seal the manhole at the street intersection and construct another manhole downstream close to a location where an odor control unit can be installed and maintained. Initially, the department is purchasing only one Vapex unit. Upon delivery and successful operation of this unit at the State School site, a second unit will be purchased for this location. RECOMMENDATION Staff recommends approval of the proposal from Process Solutions Inc. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None. FISCAL INFORMATION $140,000 is budgeted for odor control equipment purchase in the FY2007 budget (Exhibit 4). DATE SCHEDULED FOR COUNCIL APPROVAL February 20, 2007 EXHIBITS 1. Location Map 2. Location Map 3. Process Solutions Inc. Cost Proposal 4. FY2007 CIP Detail Sheet R~espe~~fullY~SU~mitted: ... . . . . . . .. .... . . ... . ... . ... . ... ... . .. .. ... . . . . . . . . . . .. . . . ... , .. ... ... ".. .. ... . Jim Coulter Director of Water/Wastewater Utilities Prepared by: f.~ P. S. Arora, P.E. Assistant Director of Wastewater Utilities Attachment L lJNICO~N tAkE INSET It EXHIBIT I Attachment 3 It EXHIBIT 2 Attachment 4 1077 Dell Avenue, Suite A, Campbell, CA 95008 Tel: (408) 370-6540 · Fax: (408) 866-4660 Email: mail@4psi.netwww~4psi.net Contractor's Licenses: Arizona ROC2177271 California 877235 January 11,2007 Proposal No.: P-413-R2 Attn: Rusty Willard City of Denton 1100 Mayhill Rd Denton, TX 76208 Subject: Vapex Odor Control Proposal for State School Rd. Manholes Dear Mr. Willard, Thank YOll for your interest in the Vapex Odor Control Technology and your participation in the State School Rd. demonstration project. As we demonstrated, the Vapex technology is unique in many regards. Not only does the technology eliminate odors but it also provides the benefit of protecting the collection system from corrosive bio-film and grease accumulation. The Vapex technology functions to deliver a low pressure hydroxyl ion fog directly into the wet well or other odorous space where the reaction between the hydroxyl fog and any contaminants is allowed to take place. Unlike most conventional scrubber platforms that evacuate contaminated air and then attempt to remove contaminants from the flowing air stream, the Vapex technology drives the hydroxyl fog directly into the odorous space where a residual of the hydroxyl fog can be maintained. This residual fog and the resulting equilibrium which is allowed to occur provides for a very successful solution to the issues of peak loading. The contained air volume itself is actually utilized to destruct the various contaminants. Specific to the odor issues associated with the two manholes on State School Rd., we intend to build a custom V800 series unit with two injection nozzles. Each manhole will receive one nozzle and 50% of the unit's capacity. We foresee the following scope of work and responsible parties: 1. Process Solutions, Inc. (PSI) to provide all necessary insurance certificates per the owners requirements. 2. PSI to provide one (1) custom Vapex V-800 Hydroxyl Fog Odor Control System with two injection nozzles. Exhibit 3 3. Owner to provide for the following dedicated electrical circuit within 36~' of the equipment location: 120v, 1 phase, 25 amp 4~ Owner to provide one 4" access point through each manhole wall. 5. Owner to provide a freeze protected water hose bib within 36" of the equipment I ocati on. 6. PSI will provide a 20 micron carbon filter to allow the use of reclaimed water. 7. PSI to provide for a turnkey installation of the above specified equipment 8. Energy costs will vary with local kWh cost. Example: The annual operating cost of the model 800 assuming $0..07 per kWh on an annual basis will be $1,246. 9. PSI to provide for initial product training upon startup of the equipment and a secondary follow up training approximately one week after startup. 10. All equipment and installation to be warranted to be free from defects for a period of sixty (60) months from startup. Any warranty coverage will include all costs of material and labor. Abuse or damage caused to the equipment or installation by others will not be covered under the warranty. However, PSI will provide any needed repairs or service on a time and material basis. 11. This project can be initiated within thirty (30) days of notice to proceed and field activities will take no longer than five (5) working days. Purchase Terms: The turnkey cost of this project including freight and excluding any sales tax is: Sixty Thousand Dollars ($60,000.00) Process Solutions, Inc~1 1077 Dell Ave~, Ste~ A, Campbell, CA 95008 . Tel: 4083706540 . Fax: 4088664660 P-413-R2 City of Denton Creek - State School Rd. Manholes Page 2 We appreciate your interest in the Vapex technology and look forward to working with you on thi s project. Sincerely, ~CZJ ~ Brian W. Branch Acceptance of Proposal by." City of Denton Creek Title Date Cc: Gunnar Thordarson, Process Solutions, Inc. Jim Beer, HamveZZ Environmental Bob Russell, Harnvell Environmental Process Solutions, InCa! 1077 Dell Ave., Ste~ A, Campbell, CA 95008 · Tel: 408 370 6540 · Fax: 408 866 4660 P-413-R2 City of Denton Creek - State School Rd. M anhoJes Page 3 Attachment 5 January 24, 2007 P.S. Arora, Utility Director City of Denton 1100 Mayhill Rd Denton, TX 76208 Tel: 940-349-7189 Fax: 940-349-8613 Email: psarora@cityofdenton.com Subject: Vapex Sole Source The patented Vapex Hydroxyl Ion Fog Odor Control System is a proprietary technology manufactured by Vapex, Inc. of Orlando, Florida. Process Solutions, Inc. is the exclusive distributor of the Vapex Hydroxyl Ion Fog Odor Control System for the United States and Canada. Hartwell Environmental Corporation is our sole sales representative for the state of Texas. The sole source position is supported by three patents; #5,232,164, #5,337,962 and #6,076,748. The Vapex system is the only product that delivers a hydroxyl ion fog for odor and corrosion control. If you require additional information to support this position please give me a call. Sincerely, .. ~ ~ ~ ~ ~ ~ f:::::~::;:: ~; ~:~:: ~: ~:::: ~; ~ ~ ~ ~ ~; B ~ ~ ~ ~ ~ ~ ~ ~ ~::;:;::: ~:: :::::::..............:..............x::::::::::::::::::...::...... ';;~~::~::::!!I!~~_~~!:~!::i. Gunnar Thordarson ORDINANCE NO. AN ORDINANCE DETERMINING A SOLE SOURCE AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF A V APEX HYDROXYL ION FOG ODOR CONTROL SYSTEM FOR THE HICKORY CREEK LIFT STATION AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3727-PURCHASE OF VAPEX ODOR CONTROL UNIT FOR STATE SCHOOL ROAD AREA AWARDED TO PROCESS SOLUTIONS, INC. IN AMOUNT NOT TO EXCEED $60,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3727 Process Solutions, Inc. $60,000 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~~ 3-0RD-FiIA727 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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: ITEMS FOR INDIVIDUAL CONSIDERATION: 5) Receive a report on options considered for odor control in the State School vicinity, and the intersection of Teasley and Lillian Miller Roads, and recommend approval of the proposal from Process Solutions Inc. for the purchase of a Vapex Odor Control unit for the State School site in the amount not to exceed $60,000. P.S. Arora, Assistant Director of Wastewater Utilities gave a report on options considered for odor control in the State School vicinity, and the intersection of Teasley and Lillian Miller Roads. Arora provided background information concerning citizen's complaints and field verification by staff confirming odors at both locations. The majority of the complaints came from the State School Road area with sporadic odor complaints from the area at the intersection of Teasley Lane and Lillian Miller road. As a means of controlling the odor, currently the wastewater department spends approximately $90,000 a year in Bioxide application for odor control at both locations with up to $400 per day for the State School Site. Arora stated that to find a more effective and less costly solution for odor control, the wastewater department retained the engineering firm Malcolm Pirnie last year. The consultant studied several options for odor control that are currently the state of the art. Initially, based on several factors that included initial capital cost, equipment size and profile, operation and maintenance costs, odor control effectiveness, and present worth analysis, the consultant recommended using the biofilter odor treatment option. However, towards the end of the study period it was noted that the Vapex Odor Control (V apex) unit that uses ozone technology was being used successfully along the east coast and at the Denton Creek Wastewater Treatment Plant in Roanoke, which the staff visited. The initial capital cost, operating costs, and small footprint made this equipment a very attractive candidate for application in the collection system. In the 2006 Water Environment Federation's annual conference in October, this 1 Draft Minutes - Public Utilities Board 2 January 22, 2007 3 Page 2 of2 4 5 6 equipment was listed in the 100 best technologies in the wastewater treatment field. Staff and the 7 consultant contacted the vendor ofVapex to obtain a unit for a trial period of30 days. This unit 8 was installed and operated by wastewater personnel during the trial period. Two Odalogs for 9 continuous hydrogen sulfide concentration measurement were installed in the sewer manholes 10 downstream of the Vapex unit. Also, each day during the trial period, wastewater personnel 11 visited the site for smell test at various times during the day. The results were very good. During 12 the operation of the Vapex unit, staff did not detect any wastewater odors during the smell tests. 13 The hydrogen sulfide concentrations were reduced. During the 30-day trial period, the Bioxide 14 feed at the Hickory Creek Lift Station was adjusted down slowly from 100% to 50% to 25%, all 15 the way to zero feed. No odor complaints were registered during this period. Also, wastewater 16 personnel did not detect any odors during the smell tests. Cost savings by reduction of Bioxide 1 7 feed should pay for the initial capital cost of the Vapex unit in two to three years. 18 19 Based on the successful field trial, comparable capital cost with the biofilter option, lower 20 operation and maintenance costs, and the smallest footprint, the consultant has recommended 21 purchase of the Vapex equipment. The vendor for Vapex has submitted a cost proposal for the 22 odor control unit. The quote is for $60,000. The manufacturer patents the technology for this 23 odor control unit. 24 25 Odalog data in the sewer manhole at the Teasley Lane and Lillian Miller Road intersection was 26 also collected during the study period. The hydrogen sulfide concentrations were similar to the 27 manhole at the State School vicinity. The location of this manhole at a busy intersection makes 28 the operation and maintenance of odor control equipment very difficult. It is the intention of the 29 wastewater department to seal the manhole at the street intersection and construct another 30 manhole downstream close to a location where an odor control unit can be installed and 31 maintained. Initially, the department is purchasing only one Vapex unit. Upon delivery and 32 successful operation of this unit at the State School site, a second unit will be purchased for this 33 location. 34 35 Board Member Baines asked if Bioxide carried any danger to the citizenry. 36 37 Arora stated that it did not. 38 39 Board Member Bob Bland moved to approve with a second from Board Member Bill 40 Cheek. The motion was approved by a 6-0 vote. 41 42 The meeting was adjourned by consensus at 9:50 a.m. 43 AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2007 DEP ARTMENT: Tax ACM: Jon Fortune SUBJECT Consider approval of a tax refund for the following property tax: Name Reason Tax Year Amount BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $800.69. ;:ct~d: ;~r~- Jon Fortune Assistant City Manager AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2007 DEPARTMENT: CM: Economic Development George C. Campbell ~ SUBJECT Consider adoption of an ordinance of the City of Denton authorizing a second Amendment to the Economic Development Program Grant Agreement between SFT Industrial, Ltd and the City of Denton; and providing an effective date. BACKGROUND On March 1,2005, the City Council approved a Chapter 380 agreement with Granite Properties for the construction of a multi-use business park. The first phase of297,000 square feet is complete, and the company estimates build-out of the nearly one million square feet in five years. During incentive negotiations, the company requested that necessary off-sight improvements be provided by the City. As a result, the City agreed to improve Metro Street and work with the Texas Department of Transportation (TxDOT) to improve the 1-35W access road. At that time, TxDOT advised the City that the access road would be improved within six months. The bid had already been awarded. The City advised Granite of the plans. TxDOT constructed the project as part of their annual maintenance program but did not improve the portion of the road south of Metro Street. City staff then requested of TxDOT that this section be added to the maintenance budget the following year so that the portion fronting the business park would be constructed when the first phase of the project was completed. We were informed that this project did not make the TxDOT budget and have been searching for funding options. The Economic Development Partnership Board recommends the use of funds identified for economic development road projects - the same funds used to build Metro Street. This amendment allows Granite Properties to construct the road and receive a one-time reimbursement for the construction costs. Costs are estimated at $102,000. The agreement limits the expenditure to $110,000. ESTIMATED SCHEDULE OF PROJECT If approved, City staff will work with Granite Properties and TxDOT to ensure the design meets TxDOT requirements. Construction could begin immediately after TxDOT approval. Construction of the access road would complete all off-sight improvements discussed in the incentive negotiations with Granite Properties. PRIOR ACTION/REVIEW The Economic Development Partnership Board reviewed this request and recommends approval of the amendment to the Chapter 380 agreement (5-0). - 1 - FISCAL INFORMATION Proposed funding for this project would come from dollars set aside for economic development road projects. EXHIBITS Ordinance Amendment to Economic Development Program Grant Agreement Map Draft Minutes from Economic Development Partnership Board Meeting Respectfully submitted: Linda Ratliff, Director Economic Development Department - 2 - s: \Our Documents\Ordinances\07\SFT Industrial.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT BETWEEN SFT INDUSTRIAL, LTD. AND THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 1, 2005 the City and SFT Industrial, Ltd. ("Granite") entered into an Economic Development Program Grant Agreement ("Agreement") authorized by Ordinance No. 2005-084; and WHEREAS, on August 1, 2006 an Amendment to the Agreement was approved~ WHEREAS, the City Council of the City of Denton hereby finds that a Second Amendment to the Agreement between the City and Granite, attached hereto and made a part hereof by reference (the "Second Amendment) serves a municipal and public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.. The findings set forth in the preamble of tbis Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Second Amendment to the Agreement, a copy of which is attached, and to exercise all rights and carry out the duties and responsibilities of the City of Denton under the Second Amendment to the Agreement, including the expenditure of funds as provided in the Amendment SECTION 3.. 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: S :\Qur Documents\Ordinances\07\SFT Industrial.doc APPROVED AS TO LEGAL FORM: EDWIN M. S CI i{ ATTORNEY BY: Page 2 S:\Our Documents\Contracts\07\SFT lndustrial 2nd Arnendmentdoc SECOND AMENDMENT TO ECONOMIC DEVELOP:MENT PROGRAM GRANT AGREEMENT WITH 8FT INDUSTRIAL, LTD. This Second Amendment to Economic Development Program Grant Agreement (the "Amendmenf') is made and entered into as of the effective date provided for below. by and between SFT INDUSTRIAL, LTD., a Texas Limited Partnership ("Granite"), and the CITY OF DENTON, a Texas municipal corporation (the "City"), for the putposes and considerations stated below: WHEREAS. the City and Granite entered into that certain Economic Development Program Grant Agreement authorized by City Ordinance No.. 2005-084 and dated March 1, 2005 under Chapter 380 of the Local Government Code, which was .amended by that certain amendment dated August 1. 2006 authorized by Ordinance No. 2006-220 (the "Agreement") to stimulate economic development in the City; and WHEREAS, at the time the Agreement was entered into, the parties believed that the Texas Department of Transportation ("TxDot") would construct improv.ements to the 1-35 access road adjacent to Granite's property (the "Access Road Improvements"); and WHEREAS, subsequent to the Agreement, TxDot made the decision not to make the Access Road Improvements; and WHEREAS,- had the parties lrnown that the Access Road Improvements would not be made by TxDot the Agreement would have provided for them; NOW, THEREFORE, the City and Granite covenant and agree as follows: 1~ Paragraph V~O.. of the Agreement is hereby amended to add the following: Granite shall cause the construction of the Access Road Improvements.. City shall reimburse Granite from the Economic Development Street fund in an amount not to exceed $110,000 for the actual construction costs upon completion of the Access Road Improvements. The City may authorize progress payments. 2. All other terms and conditions of the Existing Agreement shall remain in full force and effect.. 3. This Amendment shall be effective as of the last date of signature of a party as indicated below (the ''Effective Date"). Signed as of the Effective Date~ CITY OF DENTON, TEXAS PERRY R. McNEILL, MAYOR Date: Page 1 S:\Qur Docurnents\Contracts\07\SFT Industrial 2nd Amendment.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LE EDWIN M~ SNYDE , BY: SFT INDUSTRIAL, LTD~ A Texas Limited Partnership BY: GRANITE PROPERTIES, INC~ A Delaware Corporation its general partner BY: Greg p~ Fuller Its Managing Director Date: Page 2 I ~F:l ~ Eo-. ft: ~.. i j!:j ~~~~~ ~ Pi o! t:lGr..~g~ o rr. ~o!3~~ 8 !IN~ ~ 0 ~ I ~~:~~CI) .. ~. ~"'ll~CI)~~ 41 PI p.. ~ L>, ~~~t1~ ~ ~e:fi](i1~ .~i~~~~ ESZ ~ ~. ~ t1~fIi[iJ .~ 8 O~ ~ ~ r-:.~c:ie-;~t.J - rA~~:Z: e & ~~[iJ~t;~ 41 Iil ~ ~ ~ CI)-e-; ~ ~ o a~ Pi ~ I! ~~~~~~ t!J !2 ~e-;~~~ " ~ ~.. ~ E-. ~ ..:I ~ ';il~tjt.J~ ~ ~ ~~~~~ _ ~t.J CI)CI) ~ ~ ~.~ _, ~ O-'H' ~ ~~~~ ___ ci; ~ ~ "'" ... .......... '" ;>.:.,1 .... ~,~~~ ~_, ~~ h<li'" ~ ~t-..~" I' -'----- ~ ~ ~~ , --..... .. I:::j , .. " ..., ""'--- f · ~ I .... .I ............ ~ - ............ .~.. ..~.. ..~.. ..~.... .tIJ gl) .!I' aZ ~ 4t~~ ~tl.tV/ u- i! I!' ..~H ~ ..III u !IIB. Ii 8 I.~t I: II!. II: 111,1 . .~I Ii ~. ,1ii!!1- II Ii . :I ill ~e i:::;i ., ~Q ~~Q;~~~ cj'O l\. I ~g:~~~0; ~~~~~~ ~utl);,~ ~o ~~ Ci~ D-R-A-F-T MINUTES CITY OF DENTON ECONOMIC DEVELOPMENT PARTNERSHIP BOARD January 22, 2007 After determining that a quorum was present, the Economic Development Partnership Board convened on Monday, January 22, 2007 at 11 :30 a.m. in the Chamber Meeting Room at Denton Chamber of Commerce. PRESENT: Jerry Mohelnitzky, Perry McNeill, Marty Rivers, Bob Haley, Euline Brock, and Denny Aldridge STAFF PRESENT: Linda Ratliff, Karen Dickson, Howard Martin, Chuck Carpenter, George Campbell, Christina Davis, and Jon Fortune ABSENT: Gretchen Bataille 1. Approval of the minutes of the December 18,2006 meeting Board Member Brock motioned approval of the minutes, Board Member Aldridge seconded. Motion carried unanimously (6-0). 2. Received a report, held a discussion and gave staff direction regarding the request for incentives for the Rayzor Ranch development. Joe Gampper and Jim Gandy of Allegiance Development updated the Board with their progress since December's meeting stating that they are working with a new engineering firm on the Hwy 380 improvements. Improved communications between TXDOT and the new firm indicated that, due to time constraints, the City would need to be the facilitator of the project. Developers anticipate the project will go before the Planning & Zoning Commission in February. The Board convened for closed session at 11 :58 a.m., then reconvened at 12:55 p.m. Board Member Rivers motioned to direct staff to draft a Chapter 380 agreement based on the sales tax and property tax, excluding any sales tax from the anchors of the Golden Triangle Mall. The term of the agreement would be 20 years. Staff is to provide the Board with options on the ratio of sales/property tax to be used. Board Member Brock seconded the motion. Motion carried unanimously (6-0). December 18, 2006 Meeting Minutes 3. Received a report, held a discussion, and gave staff direction regarding guidelines for the creation of public improvement districts (PIDs) David Medanich and Laura Alexander, of First Southwest Company, gave a brief review of a PID. Medanich led discussion on the draft document he provided to the Board. Open discussion led to the following suggestions from the Board for the development of draft guidelines: . Applicants would identify the added value or benefits to project by having PID. . "Pay as you go" PID favored by Board. . PID would have a sunset. . PID would have limit on amount. . PID approval would be case-by-case. . Create a guideline for PID's and not policy. Medanich will work with staff to develop the draft guidelines for review by the Board at the February meeting. Board Member Haley excused himself from the meeting leaving at 1 :35p.m. 4. Received a report, held a discussion and gave staff direction regarding an amendment to the Granite Properties Chapter 380 Agreement, providing for the one-time reimbursement for improvements to I-35W access road. Ratliff informed the Board that when Granite first approached us with their plans for the business park, the Texas Department of Transportation (TxDOT) indicated that they would be improving the access road - a condition required for this project. TxDOT improved the access road but did not complete the portion that fronts Granite's property. TxDOT has indicated to us that they do not have plans or funds to improve that portion of the road but that they would allow the City to make the improvements. Granite is willing to front the money to complete the project but is requesting a one-time reimbursement. Board Member Rivers motioned to approve the amendment to the Granite Properties 380 agreement, providing a one-time reimbursement for improvements to 1-35W access road in an amount of approximately $102,000. Board Member Aldridge seconded the motion. Motion carried unanimously (5-0). 5. Received staff reports Linda Ratliff . City staff continues to work on Tax Increment Financing District for downtown. The revised boundary map will be presented to the Downtown Task Force in February. December 18, 2006 Meeting Minutes . Staff has completed the draft Downtown Incentive Policy and will bring it to the Downtown Task Force and Economic Development Partnership Board (EDPB) at their February meetings. If approved, the policy will be presented to City Council in March. . The City Council will be considering the Fry Street Small Area Plan District Tax Abatement Policy at their January 23,2007 meeting. . Linda is working with Planning on the development of the Transit-Oriented Development Overlay Policy. The draft policy will go to the Mobility Committee in February, the Downtown Task Force and EDPB in March, and P&Z and City Council in April. . Linda and Karen are working with a manufacturer on a site near the Airport. . Linda was asked to bring an update on Western Boulevard and the Airport Terminal. Western Boulevard in the design stage - about 50-60% complete- and will go out to bid and begin construction in 2007. The Airport Terminal bids were received. Staff is reviewing them and will work with TxDOT on the matching funds agreement. It is anticipated that the agreement will go to City Council in February and that construction could begin as early as the first part of the second quarter. Karen Dickson . Dickson reported that the Chamber received two responses to the RFP for the ED website. Interviews were held and a decision will be made shortly. . The ED Monthly Report will be included in the new website. . Morrison Milling has signed a 3-year lease with Granite for 60,000sq.ft. of space. . Peterbilt supplier will be making a decision this week on their new location. 6. Received committee reports UNT, Gretchen Bataille No report Denton MD, Mayor McNeill . Working with hospitals to define their amount of financial participation. 7. Confirmed date for future EDP Board meetings The next meeting is scheduled for February 23,2007. The meeting for May 21,2007 will be changed to May 14,2007. 8. Other or new business None. December 18, 2006 Meeting Minutes 9. Meeting was adjourned at 1:47 p.m. AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2007 CM: Economic Development George C. campbell~ DEPARTMENT: SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving the termination and release of that certain lease agreement dated November 15,2005 related to the use of street right-of-way, by and between the City of Denton, Texas and John Eric Schmitz; and providing an effective date. BACKGROUND In November of2005, the City Council approved a lease for 1,234 square feet of right- of- way located at the corner of Cedar and Walnut Streets. The adjacent property owner, Eric Schmitz, requested the lease so that he could extend his building to accommodate a patio eating area for an existing restaurant. His concept complimented suggestions identified in our Downtown Master Plan and the construction was encouraged. In Mr. Schmitz's January 31, 2007 letter (attached), he indicates that his restaurant tenant terminated the lease, and he no longer plans the expansion. ESTIMATED SCHEDULE OF PROJECT The termination would become effective immediately. FISCAL INFORMATION The lease generated an annual revenue of $1,364. EXHIBITS Ordinance Termination and Release of Lease Agreement January 31, 2007 Letter from Mr. Schmitz Respectfully submitted: Linda Ratliff, Director Economic Development Department - 1 - S:\QUt Documents\Ordinances\07\Schmitz.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE TERMINATION AND RELEASE OF THAT CERTAIN LEASE AGREEMENT DATED NOVEMBER 15,2005 RELATED TO THE USE OF STREET RIGHT-OF-WAY, BY AND BETWEEN THE CITY OF DENTON, TEXAS AND JOHN ERIC SCHMITZ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (the "Lessor") and John Eric Schmitz ("Lessee") entered into that certain Lease Agreement ("Lease") dated November 15, 2005 (the "Lease Agreement") whereby the Lessor leased to Lessee approximately 1,234 square feet of land, being a portion of street right-of-way generally located at the comer of Cedar Street and Walnut Street in the City of Denton, Denton County, Texas; and WHEREAS, the Lessor and Lessee desire to terminate the Lease and release and discharge each other from any further obligations, rights and duties under the Lease; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Council hereby approves the Termination and Release of Lease Agreement, a copy of which is attached hereto and made a part hereof, and authorizes the City Manager or his designee to sign said document on behalfoftbe City. SECTION 3. 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. S ITY ATTORNEY BY: S :\Our Documents\Contracts\07\Termination of Schmitz Lease.doc TERMINATION AND RELEASE OF LEASE AGREEMENT WHEREAS, on November 15,2005 the City of Denton, Texas as Lessor and Jolm Eric Schmitz as Lessee, entered into a certain lease agreement regarding the lease of city property containing approximately 1,234 square feet of land generally located at the comer of Cedar Street and Walnut Street in the City of Denton, Denton County, Texas as more particularly described in said lease agreement (the "Lease"); and WHEREAS, the Lessor and Lessee desire to terminate the Lease and release and discharge each other from any further obligations, rights and duties under the Lease; and NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1 ~ The Lease is hereby terminated effective immediately. All rents and monies previously paid to Lessor shall remain with Lessor and Lessee waives any right to a refund of such monies.. 2. Lessor and Lessee hereby release and discharge each other from any obligations, rights and duties nnder the Lease. Signed effective the _ day of , 2007. THE CITY OF DENTON, TEXAS George C~ Campbell, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: y JOHN ERIC SCHMITZ John Eric Schmitz 1/31/07 Linda Ratliff Economic Development 215 E~ Me Kinney Denton, Texas 76201 RE: Cedar Street Lease Termination Dear Linda, It is with great sadness that I am writing this letter I am hereby requesting a formal termination of the Cedar Street lease between myself and the City of Denton. The prime tenant (Sweetwater/Saltwater) has terminated their lease with me covering the premises and it is no longer anticipated that expansion is needed~ I so appreciate all the work that you, Ed and the rest of the staff put forth on the effort. It would have been a neat concept and good for the downtown area~ I hope to work with you again soon and have a couple of ideas that would help the Downtown area. I will discuss them with you soon. I am sending Ed Snyder a copy of this letter for his files as well. Thank you so much for all your help. You are doing a great job! Sincerely, ~ Eric Schmitz Cc: Ed Snyder AGENDA INFORMATION SHEET AGENDA DATE: February 20,2007 DEPARTMENT: General Government CM/DCM/ACM: Betty Williams, Executive Administrator George Campbell, City Manager SUBJECT: Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing the participation in a joint coalition of cities known as Alliance of Gas Municipalities ("AGM") comprised of cities served by Atmos Energy Corporation, Centerpoint Energy Entex, and Texas Gas Services to work on legislative issues or common concern affecting ratepayers; providing for formation of a steering committee; providing for the employment of legal experts related to said efforts; finding that the meeting complies with the Open Meetings Act; making such other findings and provisions related to the subject; and declaring an effective date. BACKGROUND: During the last session of the Texas Legislature, legislation was proposed that would severely limit the City's ability to review the rates and services of investor-owned gas distribution companies. It is very likely that during the 80th Session of the Texas Legislature, legislation will be proposed that could seriously harm the original jurisdiction of municipalities over the rates and services of local gas distribution companies, as well as negatively affect municipalities participation in ratemaking proceedings at the Railroad Commission of Texas. A coalition of municipalities served by Atmos Energy Corp., Centerpoint Energy Entex, and Texas Gas Service is being formed under the name of the Alliance of Gas Municipalities (AGM), in order to increase the effectiveness of municipalities with regard to the regulation of the rates and services of local gas distribution companies. The City of Denton has been asked to join this coalition. AGM is negotiating a lobbying contract with the Herrera and Boyle Law Firm. However, there will be no expense to the City because Jim Boyle is already under contract with Denton Municipal electric (DME) to do legislative work. The City's participation in this coalition will ensure that our concerns on these issues will be relayed to legislators and to the Railroad Commission of Texas. RECOMMENDATION Staff recommends approval of the resolution. PRIOR ACTION/REVIEW (Council.. Boards.. Commission): None FISCAL INFORMATION: No fiscal impact since Herrera and Boyle Law Firm is already under contract to the City. ADA/EOE/ ADEA www.cityofdenton.com (TDD 800-735-2989) 2/13/07 EXHIBIT: Attached Resolution Prepared by: (f-C~ John Cabrales Jr. Public Information Officer ADA/EOE/ ADEA Alliance of Gas Municipalities Respectfully submitted: ~ Betty Williams Executive Administrator www.cityofdenton.com Page 2 of2 (TDD 800-735-2989) S:\Our Documents\Resolutions\07\Gas Coalition.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,. AUTHORIZING THE PARTICIPATION IN A JOINT COALITION OF CITIES KNOWN AS ALLIANCE OF GAS MUNICIPALITIES ("AGM") COMPRISED OF CITIES SERVED BY ATMOS ENERGY CORPORATION, CENTERPOINT ENERGY ENTEX, AND TEXAS GAS SERVICES TO WORK ON LEGISLATIVE ISSUES OF COMMON CONCERN AFFECTING RATEPAYERS; PROVIDING FOR FORMATION OF A STEERING COMMITTEE; PROVIDING FOR THE EMPLOYMENT OF LEGAL EXPERTS RELATED TO SAID EFFORTS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, during the last special session of the Texas Legislature, legislation was proposed which would severely limit the ability of municipalities to review the rates and services of investor-owned gas distribution companies; and WHEREAS, it is highly likely that there will be legislation to deal with the adverse consequences of a court decision effectively eliminating municipal participation in the review of the reasonableness and prudence of gas purchases by local gas distribution companies; and WHEREAS, it is highly likely that legislation will be proposed during the 80th Session of. the Texas Legislature which could seriously harm the original jurisdiction of municipalities over . the rates and services of local gas distribution ~ompanies as well as the effective participation by municipalities in ratemaking proceedings at the Railroad Commission of Texas; and WHEREAS, as a regulatory authority with the responsibility to review the rates and services of gas companies, it is in the interest of Texas cities to participate in a coalition with municipalities who are similarly situated; and WHEREAS, the municipalities served by the Atmos Energy Corporation, CenterPoint Energy Entex, and Texas Gas Services wish to form the coalition known as Alliance of Gas Municipalities ("AGM") in order to increase the effectiveness of municipalities with regard to the regulation of the rates and services: of local gas distribution companies; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1 ~ That the findings set out in the preamble to this resolution are hereby in all.. things approved and adopted. SECTION 2. That the City is authorized to join with other similarly situated municipalities to fonn and participate in the Alliance of Gas Municipalities ("AGM"), to form a steering committee, and to work with said steering committee to provide direction and guidance to legal experts. S :\Qur Documents\Resolutions\07\Gas Coalition.doc SECTION 3. That the City employs the law firm of Herrera & Boyle, PLLC, to represent the City and the coalition during the 80th Session of the Texas Legislature to help preserve and . enhance the City's original jurisdiction over the rates and services of local gas distribution companies and to promote the effective participation by municipalities in the periodic review of the reasonableness and prudence of the purchase of natural gas by such entities~ SECTION 4. The law firm of Herrera & Boyle is already employed by the City of Denton for the 80th Regular Session of the Texas Legislature~ There will be no charge to the City of Denton for work done in connection with the Alliance of Gas Municipalities.. SECTION 5.. That the meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 6. That this resolution shall become effective from and after its passage.. 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 ~7Y Page 2 of2 S:\QUT Documents\Nfiscellaneous\07\022007 AIS-Sales Tax Litigation.DOC AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2007 DEP ARTMENT: Legal Department CM/DCM/ ACM: Ed Snyder, City Attorney SUBJECT: Consider adoption of an ordinance authorizing the participation of the City of Denton, Texas in the action styled City of Webster and the Webster Economic Development Corporation vs. Carole Keeton Strayhorn, in her official capacity as Comptroller of Public Accounts for the State of Texas, currently pending in the 2615t District Court of Travis County, and to pursue such other remedies and matters relating to sales tax allocation; authorizing the expenditure of funds; and providing an effective date~ BACKGROUND: The City of Webster and the Webster Economic Development Corporation have filed suit against the State Comptroller in the 2618t District Court of Travis County, Texas, Cause No~ D-I-GV-06-001823 regarding sales tax allocations. The issues in the lawsuit may impact Denton and other similarly situated cities and political subdivisions. The proposed ordinance authorizes the City Attorney to intervene in the pending action, pursue other remedies associated with the subject sales tax allocation issues, and to coordinate a coalition of other affected cities and political subdivisions to help defray and share the associated costs and expenses. RECOMMENDATION: Staff recommends approval~ OPTIONS: Approve or disapprove the ordinance Ed Snyder City Attorney S :\Qur Documents\Ordinances\07\Denton Sales Tax Litigation Ordinance.doc ORDINANCE NO~ AN ORDINANCE AUTHORIZING THE PARTICIPATION OF THE CITY OF DENTON, TEXAS IN THE ACTION STYLED CITY OF WEBSTER AND THE WEBSTER ECONOMIC DEVELOPMENT CORPORATION VS~ CAROLE KEETON STRAYHORN, IN HER OFFICIAL CAPACITY AS COMPTROLLER OF PUBLIC ACCOUNTS FOR THE STATE OF TEXASJ CURRENTLY PENDING IN THE 261ST DISTRICT COURT OF TRAVIS COUNTY, AND TO PURSUE SUCH OTHER REMEDIES AND MATTERS RELATING TO SALES TAX ALLOCATION; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is currently pending in the 261 st District Court of Travis County an action styled City of Webster and the Webster Economic Development Corporation vs. Carole Keeton Strayhorn, in Her Official Capacity as Comptroller of Public Accounts for the State of Texas (the "Pending Action"); and WHEREAS, the City Council of the City of Denton, Texas hereby finds that it is in the public interest and in the best interests of its citizens to participate in the Pending Action and/or pursue other legal remedies for the benefit of the City arising out of similar sales tax allocation issues that have adversely affected the City (the "Sales Tax Issues"); and WHEREAS, the City Council further finds that it is in the public interest and best interests of its citizens to participate therein in conjunction with other cities and political subdivisions that are similarly affected; and NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble are incorporated herein by reference. SECTION 2. The City of Denton hereby authorizes the City Attorney, or his designee to take what ever legal action on behalf of the City he deems necessary to pursue and protect the City's interests with regard to the Sales Tax Issues, including (a) intervention in the Pending Action, (b) pursuing other legal and administrative remedies he deems advisable to protect the City's interests, (c) participating in a coalition of other similarly situated cities and political subdivisions ("Coalition"), and (d) retaining such outside legal counsel and expert witnesses that he may deem advisable. SECTION 3. The City Attorney is directed to participate in a Coalition in order to help defray and share the costs of litigation and to further promote the public interest Each member of the Coalition shall be responsible for a percentage of the total legal costs and expenses based on the following formula: Divide the City's total debited by the Comptroller by the Coalition's total debited by the Comptroller to arrive at a percentage. SECTION 4. The City Manager, or his designee is hereby authorized to make the expenditures provided for in this Ordinance~ SECTION 5. This Ordinance shall become effective immediately upon its passage and approvaL PASSED AND APPROVED this the day of , 2007. PERRY Rt McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWINM~ SNYD R, CITY ATTORNEY BY: Page 2 of2 CITY OF DENTON CITY COUNCIL MINUTES January 23, 2007 After determining that a quorum was present, the City Council convened in a Regular Meeting of the City of Denton City Council on Tuesday, January 23, 2007 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, and Montgomery. ABSENT: Mayor McNeill and Council Member Thomson 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Pro Tem Kamp presented a proclamation for Denton Family Unity Month. B. December and January Yard-of-the-Month Awards There were no Yard of the Month Awards presented at this meeting. 3. CONSENT AGENDA Mayor Pro Tem Kamp indicated that a speaker card had been submitted for an item on the Consent Agenda. Chris Flemmons, 1322 Egan, Denton 76201, spoke on behalf of the Save Fry Street Organization. He commended Council for the passing of the tax abatement provisions for the Fry Street area. Deputy Mayor Pro Tem Mulroy requested that Item A be pulled from consideration. He motioned to approve the remainder of the Consent Agenda. Council Member McElroy requested that Item B be pulled for separate consideration in order to have an explanation of the abatement. Deputy Mayor Pro Tem Mulroy amended his motion, Heggins seconded to approve Consent Agenda Items C-L and the accompanying ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", and Mulroy "aye". Motion carried unanimously. Item #3B was considered. Council Member McElroy stated that the key point of the policy included an abatement for the Fry Street Small Area Plan. It provided guidelines and criteria to govern the use of the abatement. City of Denton City Council Minutes January 23, 2007 Page 2 Mulroy motioned, Montgomery seconded to approve Item 3B. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", and Mulroy "aye". Motion carried unanimously. A. This item was not considered. B. R2007-001 - A resolution of the City Council of the City of Denton, Texas, establishing a policy for tax abatement for the Fry Street Small Area Plan District in the City of Denton to establish guidelines and criteria governing tax abatement agreements; and declaring an effective date. C. 2007-012 - An ordinance accepting competitive bids and awarding a contract for the purchase of one 4800 gallon water truck for the City of Denton Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3667-Water Truck for City of Denton Landfill awarded to the lowest responsible bidder Grande Truck Center, in the amount of $161,088). The Public Utilities Board recommended approval (4-0). D. 2007-013 - An ordinance of the City of Denton, Texas, amending the Code of Ordinances of the City of Denton, by amending Article IV of Chapter 18 by adding Division 3 to establish a Parking Violations Division; providing a repealing clause; providing a severability clause; providing a penalty not to exceed $500.00; and providing an effective date. E. Approved tax refunds for the following property taxes: Name Reason Tax Amount Year 2. 2005 F. 2007 -014 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of three roll off bodies and three 100 yard trailers for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3703-lnterlocal Agreement for Roll Off Bodies and Trailers with H-GAC awarded to Rush Equipment Center in the amount of $196,646.10 and B&C Body Co. in the amount of 100,941.75 for a total award amount of $297,587.85). The Public Utilities Board recommended approval (4-0). G. 2007-015 - An ordinance in accordance with the prOVISIons of State law exempting such purchases from the requirements of competitive bidding awarding a contract for purchase of a Caterpillar Model 345 BL Hydraulic Excavator MA2 from the City of Brownwood; providing for the expenditure of funds therefore; and providing for an effective date (File 3704-Purchase of Landfill Excavator City of Denton City Council Minutes January 23, 2007 Page 3 awarded to the City of Brownwood, Texas in the amount of $155,000). The Public Utilities Board recommended approval (4-0). H. 2007 -016 - An ordinance approving the expenditure of funds for the purchase of twenty-one Flashback Mobile Digital Video Systems for the City of Denton Police Department available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3706-Purchase of Mobile Digital Video Systems for Police Vehicles awarded to L3 Communications Mobile-Vision Inc. in the amount of $114,870). I. 2007 -017 - An ordinance approving the expenditure of funds for the purchase of a replacement pump for the Hickory Creek Lift Station available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3691-Purchase of Replacement Pump for Hickory Creek Lift Station awarded to NAABTECH, LLC in the amount of $28,412). The Public Utilities Board recommended approval (4-0). J. Approved the appointment of a Deputy City Secretary. K. 2007 -018 - An ordinance of the City of Denton, Texas, authorizing the expenditure of funds to pay the Denton Central Appraisal District (DCAD) the City of Denton's portion of the budget allocation in an amount not to exceed $315,855.56; and providing an effective date. L. Approved the minutes of: December 12, 2006 December 19,2006 4. PUBLIC HEARINGS A. The Council held the second 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 southwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) at the northwest corner of 1-35W and Robson Ranch Road. The Planning and Zoning Commission recommended approval (7-0). (A06-0003, Robson Ranch Retail) Brian Lockley, Interim Director of Planning and Development, stated that this was the second public hearing for this site. A commercial retail center development was proposed. The service analysis for the proposed annexation was included in the agenda materials. The Planning and Zoning Commission recommended approval to move forward with the annexation. The first reading of the annexation ordinance would be February 13,2007. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. City of Denton City Council Minutes January 23, 2007 Page 4 No action was required on this item at this meeting. B. The Council held the second 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 (ETJ) north of u.s. 380 west of Masch Branch Road and legally described as Lot 1 of the Marriott Garden Addition. The Planning and Zoning Commission recommended approval (7-0). (A06-0006, Marriot Garden Addition, Lot 1) Brian Lockley, Interim Director of Planning and Development, stated that this was the second hearing on this proposed voluntary annexation. Currently the site was used by Denton County for a maintenance facility. The Planning and Zoning Commission recommended approval for continuation of annexation. The first reading of the annexation ordinance would be February 13, 2007. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem 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 the rezoning of approximately 30 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood Residential 3 (NR-3) zoning district. The subject property was generally located at the southwest corner of Hinkle Drive and Windsor Street. The Planning and Zoning Commission recommended approval (6-0). (206-0014, Parkside Meadows) Brian Lockley, Interim Director of Planning and Development, requested to postpone consideration of this item to a date certain and recommended to continue the public hearing to February 6, 2007. Mulroy motioned, Heggins seconded to continue the public hearing to the February 6th council meeting. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", and Mulroy "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of 2.0 acres of land from a Regional Center Commercial Neighborhood (RCC-N) zoning district to a Regional Center Commercial Downtown (RCC-D) zoning district with an overlay district. The property was located on the west side of 1-35N, north of Schuyler Derive. The Planning and Zoning Commission recommended approval (7-0). (206-0003, 1-35 R V Center) Brian Lockley, Interim Director of Planning and Development, stated that this was a rezoning request of a 2 acre parcel on the west side of 135E. The Planning and Zoning Commission reviewed the proposal in September and recommended denial 4-1 due to the location of property. Some of the Commissioners felt this area was a gateway to the city and rezoning would open similar issues in the area without any mitigation to soften the edge from the highway. Council City of Denton City Council Minutes January 23, 2007 Page 5 remanded the proposal back to Planning and Zoning for further consideration. The applicant proposed an overlay district. The proposal would expand the current use and allow for additional display of RV sales. A service garage would be constructed at a later date. A proposed buffer would pave the front of the site and add landscaping to the site. The Mayor Pro Tem opened the public hearing. Larry Reichhart, speaking for the applicant, stated that there would be 50 feet of concrete paving on both sides of the proposal. He requested that the existing side of the property would not have to be done until the entire site was ready to be concreted. City Attorney Snyder stated that the ordinance was silent on the timing of the improvements. It could be done when a building permit was issued. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2007-019 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 2.0 ACRES FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) WITH AN OVERLAY DISTRICT GENERALLY FRONTING 310.12 FEET ON THE WEST SIDE OF INTERSTATE 35N (135N) BEGINNING AT A POINT APPROXIMATELY 1,500 FEET NORTH OF SCHUYLER DRIVE AND LEGALLY DESCRIBED AS BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE FRANCIS BATSON SURVEY, ABSTRACT NO. 43 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS BEING A PART OF A CALLED 12.0008 ACRE TRACT, AS DESCRIBED IN A DEED TO MARY BESS MILLER AND J. A. MILLER, RECORDED IN COUNTY CLERK'S FILE NUMBER 99- FOOOI872, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0003) Montgomery motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", and Mulroy "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Refunding Bonds, Series 2007, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. City of Denton City Council Minutes January 23, 2007 Page 6 Gary Calmes, Utilities Finance Administrator, stated that the City's financial advisor, First Southwest, had advised the City that the market was favorable for a refunding opportunity for savings on the 1998A Refunding and the 2001 Utility Refunding and Improvement bonds. The refunding had the potential to save the Utility System an estimated $150,000/year in interest and an estimated total interest savings of $3,656,089 over the life of the bonds. The following ordinance was considered: NO. 2007-020 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 2007, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, McElroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", and Mulroy "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of print materials for the City of Denton Library System; providing for the expenditure of funds therefor; and providing an effective date (Bid 3666-Library Print Materials awarded to the lowest responsible bidder for each item, Baker and Taylor, Inc. in the estimated cumulative annual amount of $950,000). Howard Martin, Assistant City Manager, stated that the bid represented printed materials and services to the library. This was a substantial increase in funding provided by Council during the last budget cycle for the purchase of materials. The following ordinance was considered: NO. 2007-021 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF PRINT MATERIALS FOR THE CITY OF DENTON LIBRARY SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. Citizen Reports 1. Council reviewed procedures for addressing the City Council 2. The Council received citizen reports from the following: A. Jordan Hudspeth regarding concerns of Southeast Denton. City of Denton City Council Minutes January 23, 2007 Page 7 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 requested that the smoking container be moved to the north side of the sidewalk. He stated that he felt Council was "evil" with a definition evil being when good people refused to do what was right. He again commented on the fact that there were no African-American fire fighters and felt that the fire fighter test was skewed towards white applicants. He indicated that he would ask the NAACP and Justice Department to look at the injustice of the situation. E. Roger Horrell regarding Loop 288. Mr. Horrell commented on the traffic situation on Loop 288. Citizens were wondering what could be done with the mess at Loop 288 and Brinker Road. He suggested positioning police officers at key intersections during rush hours to assist with traffic movement. The traffic mess was having a large impact on businesses in the area. He felt that going to the Vista Ridge Mall was faster than going through traffic in that area. F. Robert Donnelly regarding the Development Code. Mr. Donnelly again spoke on the Development Code and common business practices of the city. He felt that the drainage issue seemed to be the tip of iceberg. He suggested that the Code was not being following in terms of set backs and that an ADP could be obtained rather than ignoring the Code. He had been told that this was a civil issue between himself and the developer. However, the City sued a gas well company for code violations for a well in the City's ETJ but his problem was considered a civil issue. He asked for an explanation why the City would sue for someone in the ETJ and not help a citizen. D. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member McElroy and Council Member Heggins stated that the parking lot at the South Branch Library was not well lit and asked someone to look into the situation. 2. Council Member McElroy requested someone look at the timing of the traffic lights at Loop 288. City of Denton City Council Minutes January 23, 2007 Page 8 3. Council Member McElroy requested staff work with Mr. Donnelly regarding deviations from the Development Code and to make sure the Code was being followed. E. 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 requested a response to past citizen inquiries regarding the Denton Fire Department and hiring practices. Quentin Brown, Recruiting Management Analyst-Denton Fire Department, presented an update on how information was presented to residents in order to increase the interest of minority participants in the Fire Department's testing process. He had attended community outreach programs and job fairs to help increase the awareness of minority participation in the testing process. He indicated that the next phase was to concentrate on future recruitment and retention of student of all diverse backgrounds in the city by creating an Explorer program in the Fire Department. F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action from the Closed Meeting. With no further business, the meeting was adjourned at 7:40 p.m. PERRY MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2007 DEP ARTMENT: Planning and Development Department Howard Martin, 349-8232" ACM: SUBJECT - CA06-0008 (Rayzor Ranch) Hold a public hearing and consider adoption of an amendment to the Denton Mobility Plan. The requested change is regarding removal of a proposed collector road that would connect US 380 to Westward Street. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND The developer of the Rayzor Ranch property, north and south of u.s. Highway 380 (University Drive) between 1-35N and Bonnie Brae has been working with staff on various components of their project, including a proposed amendment to the Mobility Plan. The proposed amendment will remove an unnamed collector that runs north through the middle of the property from u.s. Highway 380 to Thunderbird Lane (See Exhibit 1). The applicant's initial request was to remove any connection between their proposed development and the existing neighborhood to the north (See Exhibits 2 and 3). After discussing the connectivity from the development to the existing neighborhood with staff, the developer's plan has since been updated to provide a connection to the existing neighborhood; however, this roadway would still not meet the intent of the Denton Development Code with regard to a collector street (See Exhibit 4). The developer has now expressed a "neutral" stance with regard to whether or not this particular Mobility Plan amendment is carried forward. Staff has elected to carry this amendment forward for public comment as to the desirability of the connection to the neighborhood at the same time that the developer is seeking zoning in order to gauge public opinion. The current Mobility Plan, zoning and Comprehensive Plan anticipated a much less "dense" use of the property than the current plan proposed by the Rayzor Ranch developer; therefore, the relevance of the collector shown on the Mobility Plan is questionable. The property's Traffic Impact Analysis will determine the necessity of a collector(s) on the property; however, the location, orientation and connectivity of such a roadway might well be different from that shown on the current Mobility Plan. The main focus of the change in question is the connectivity to the existing neighborhood to the north of this development, not the removal of the collector shown on the Mobility Plan. This item has been taken to the public for comment in a meeting held on December 14, 2006. Comments received from these meetings and responses are provided in Exhibit 5. The overwhelming majority of the people that attending this meeting were in support of removing the Collector from the Mobility Plan. On December 19, 2006, Frank G. Payne, P.E., City Engineer, presented the proposal to the Mobility Committee. At this meeting the Mobility Committee voted 3-0 to forward these amendments as presented to the Planning and Zoning Commission for review and recommendation. The Planning and Zoning Commission received a briefing regarding the proposal on December 6,2006 and recommended approval of the item at a public hearing on January 10,2007 by a vote of 7-0. The minutes of the January 10,2007 Planning and Zoning Commission are attached in Exhibit 6. OPTIONS 1. Adopt the amendment. 2. Adopt the amendments with change. 3. Table the amendment. 4. Deny the amendment. RECOMMENDATION The Planning and Zoning Commission, the Mobility Committee and staff recommend the proposed amendment to the Denton Mobility Plan be adopted. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) December 6, 2006 Planning and Zoning Commission Work Session December 19,2006 Mobility Committee Meeting January 10, 2007 Planning and Zoning Commission Public Hearing EXHIBITS 1. Existing Mobility Plan 2. Applicant's Request Letter 3. Applicant's Initial Proposal 4. Applicant's Current Proposal 5. December 14,2006 Public Meeting Comments 6. January 10, 2007 Planning and Zoning Commission Minutes 7. Ordinance .~~.~p~.~.~ru.~~y. .~~ ~!P:~ tt~4.:. Brian Lockley, AICP Interim Director of Planning & Development Prepared by: .'. ~,.<.. '".,"'. ,~';\,;:<.::", ,,:.,/,;,'y Chuck Russell, AICP Planner III EXHIBIT 1 Existing Mobility Plan EXHIBIT 2 Applicant's Request Letter .1~R jJ~ltl~1i:~ :_~,~ l)l \':: (}j)\~l \:!~ l ~ I ,~ < _. 1 . _ liliIc t$;'~OO'" Mr. 'Chii6k-~.AICP '~~-~P1~~~ni~t~_ c...-1t:Y Hall .West ~i.N.l;1m Denton, Texas t'~l o&.;-:-i.:~:-::_-:;~~~;;'!~-;-:~~"'-~-: ~--~ ~-=-=,:.:.._- - -- :. .___.-- Deit.Mra ~ ;BJeait'I<<1h-is leUerserv"':ilS'our;(S~~l ~1~.to~bd:""}oo ~ "'~'-'~--.~iooi:bil. . ..pl.... _ _ ~ .. _ _ ... "!i'= 1.L.~~ .....,~" &Y"'~ u.p:III ~ ~ .,L.YUJ! ~ w.u, updatedFebnI8ry:21, 200~. AU_ee HinView, tjt~ ~_1l1e:~t16:~.~ .~~~ ~~.:~rem~..tfttm .VGtiil#)'-t~. - ~= ~ qbrih:~' .~~. '~" u,~ l~ .ott'~ ~~ ~ 3tO) :~ ~l;et~_ lU~9 dtNarth lJQtlD.:JJiB Sbct.- ThiI=:,rcmd would ~. ~~ '.~Jif~~.~1ID ~ ~.~0il.8t timn4ettiird ~ ne .~S:5!!=i=!~ Hiahway 380i Wa:UIi&ve 1bat.the ~on ~tbetwo-Iand UBe&~.benefttbotb_~.8S .~ ,i$~.~~ ~ to llpway 1$0 ~ J"~ "me ~. and lH~?~ via -~~ pfiV~: .. . - .. - ;l-1JDdonJtaadJllat1bis~.WW;'-.ribmitted tQb-CilY~ tDr.~OJl Eea8e .4OIlt8"Ct me:.tf1-csn:. ~-my quest.1OD or-be.offbrtller "'e-. .. ~ '. ' @I ~:~~~'JI~"~ D!J~~t ~~} 1~. p_~It. V.4jTa~l~o fIIx a;:4.31, j'1 04 _.8OH.~Iopmtnt.nIt EXHIBIT 3 Applica~t's Initial Proposal EXHIBIT 4 Applicant's Current Proposal I~ ~ I. 11"""""__ ............... --- ....... ...... ..... ~------ . . I i 1'1 1/11 ",.,.. JtQ I---- ~ ~ fI:::::::::: .1 ~ 1=- ~ 11 =-... !!!- I I---p ~ ~ ~ - Ii !r-------' I 3111 ~ J"M(]M \ ~ '\ I- m J: x W ~ I i I ~ BONNllI BRAE STRE\::T III (... .. ---... ~. II.. .lil..~ If! .. .. - :. ... _!L.:...... ill. ... .. . ... C,., 'Ii :- · jiii; ~ I == I · · A .~ :: r. i i: .-. ~ .i.. I . ... . i!iI.....:.1lJ ~ / : ::I<D;~: ~ · · -. . 'Ii '-p . . -. jl .. . . . -. ~. ~- . .-, I ~... . . ~ . . . I _. ~ . -,. -- ~ .. ~ ~ - -..-." ~ ~ - - ! .-IT - - t , T - - ~ - ~_ _ _ . .-. 1t-"T1 . I-I I~ ,... ,~ t I-I <I> t~~ ~ =- ,.., ,~ ~ . .... UJ E~u_: .~ ,. ~ >- · · ~..t, i .tll11. ~ -~ '" s:; II III Ilfi~ ~ u. t ~ " i"1t-~ ~ II "I"{ .. 1'1 tv I. · <II I ~ ,:.~ ~ II : ~ ~: n.il ~ ~~ J . ~ ~ .... ::. ~ f~ ~~: =J fIr ~I : ~: : .. ;. ~ ~ :I I:: :. - - -..: .. .... 'I' . .... : ... : ...., It .. .,.. .- I.......b-..-J. " .; I: i .. ~_____ I - . J I 5;: ~ . II . I I (< ..~ \ ~.... i i i ~~ ~ I ~~ fl ~ I ~ ~ ~~ :~~ /M- i ~ EXHIBIT 5 December 14, 2006 Public Meeting Comments North Lakes Recreation Center, December 14, 2006, 6:30 pm. Amendment: N-S Connection from Bonnie Brae to Thunderbird Attendance: 40 people signed in, plus staff members Frank Payne, Chuck Russell and Jane Gurney. Comment cards: 16 received to date; people requesting written replies have an asterisk before their name on the list below. Card Received From: Comment: * Michelle DeAngelo If a connector is built to Northway I would like to have traffic 2201 Northway Drive slowing devices. * John and Cathy Harazda What will traffic control be like on Crestmeadow, Thunderbird 211 7 Crestmeadow Street and Windsor Streets? Will heavy truck traffic be allowed? * Richard Blandy Drilling sites, we have a question are these part of the plan? 2112 Glen Garden Drive Gas Well? Could we have copies of the existing maps? * Wyatt Francis I like the idea of blocking off the collector street that would 2229 Overlook Lane run north from the residential area that would keep it from connecting to Northway/Westway, and keeping the collector the connects the high-density residential to the commercial area. I would like to hear the decision that will be taken to the planning committee. Frank Mayhew Why the need for a N/S connector - why not a E/W between 2100 Greenway Drive the new construction and University * Scott Patridge How does this enhance city services? 2220 Lookout Lane Why, when there are already 2 collector roads existing in this neighborhood. What will be done to prevent speeding in this area? Additionally, I would say no to this proposal. * Paul Fabiszewski I would not support the proposed route connecting the 2208 Overlook Lane commercial center to the neighborhood. I live on the south end of Overlook Lane and am the manager of the Fairfield Hotel. This road would cut my trip to work about in half. Still, I would rather not have all that traffic through my neighborhood. Joseph Bacon What will be the impact on property values by each 2204 Brooklake West proposal/plan? * LaNelle Winn Time line from start to completion 2912 Lakewood Drive When will Augusta or Greenway be extended to Bonnie Brae? If not, why not? Are there any plans to put a connector road from Thunderbird to Bonnie Brae? Barbara McCoy We prefer Rayzor's plan (Exhibit 4) as it will cut down on 2320 Northway speeding cars while allowing access. * Philip A. Baker The developer should be required to properly connect all P.O. Box 3609, Denton streets on plan for such. Connectivity should not be dismissed because of self-serving neighbors. Proper street connectivity is critical to good neighborhoods. P.S. I represent the owners of the 18 acres. * Marilyn Mitchell & Lee Close the connection. Gano 2900 Lakewood Dr. Jerry & Cindy Hall We do not want the connector 2308 Northway * Luanne Linke I do want a collector from our houses and the new commercial 2125 Greenway development. I do not want to drive on Bonnie Brae to University and then back north to the shopping area. Colonial is a good alternative. Ann Kidd I am in favor of closing off Northway as a connector. We 2213 Northway already have trouble with people driving too fast putting the kids in danger. I would hate to see the traffic more than double that could put more kids in danger. Don W oolet The more streets the better for traffic to move better, less 2309 Carriage Hill traffic all around. EXHIBIT 6 January 10, 2007 Planning and Zoning Commission Minutes Condensclt TN Page t t 7 Page 119 I COMMISSI::N!R SlRA.l\GB: ~"eXt itmn is Ik:In 1 propcriy ware to dBvdop to the north. 2 No. P, which.is an amendmcntto tbc Mobility plan. 11"8 a 2 So basically 'lie applicant. the ariginaI. 3 J)rOI)ose chanec rqpnding Ihe remowl of an existing 3 spplicatioD was to I"CIDO'Ve this aJI1cctor from the mobility 4 collector road drat will connect us. JIG 10 Westwood 4 planj They'ye since taken sort of a neu1ra1 position~ S StIed. Mr. Rossell. S Tmy em live. with. it or live witbout it. But staff- 6 MR. Rl.~~ chairman, memba1 of the 6 the city enginoor. Fronk Payne and myself and Jane in her 7 P1annina: IUld Zoning Commisgicm. 1be subject property we're 7 offict\ we did have a mccbngt We did invic the propcny 8 disc~sing tonigbt is the Rayzor - proposed Rayzor RDnch 8 owners from the neighborhood ro the north most afTccSCd by 9 Development The mt slide docs show the ownll ana 9 the proposed wlIector. And we did want TO go ahead and 10 It does IWl along tbc cast sido of I-3St ~ arc t'NO ]0 pursu: - mDl it Won: them.. We brought it before the 1J tracts for ~ one north of univecsity, one sooth 11 Commission for a Brieflng on December the 6th. We bad 12 of uDiversily west of Bonnie Brae. It's north of 12 Ibat neighborhood mcctiog 0JI1bo 14th. 13 Scripture and i-rs - dz 10Ial acreage of 1to site is 13 ADd Ihc vast tnajorlly of Ihe peep 10 once 'WG 14 approximately 400 &eRa. Whatll being proposed ~ 14 went tbrough and tt'plained what was: going OIIt the 1.5 ~ W8i BD application made in C().IljunctiOD 'With dJe IS majorityt] would Sllyt probably 90 pcn:mt or beUerdE 16 Rayzor Ranch Development to amaK! !be mobility pIu to 16 people in that room did not want to ste IhBt coDector go 17 remove an exisq prcsram. collector street lbat would run 17 dJroush jf 1hey .had a choice hued upon tbc fact that it 18 frcm L~ 380 northward towards - 18 would provide tfJc opportunity for retail traffIC to 19 COM~ER STJ.ANOB: can)lOU hold on just 19 cvet1tually make itl way D011b into their neighborhood. 20 a sccond1 Maybe we can get SOIhCODC from staff to close 20 [ think a lot of pcopll."l didn It realize thu.t 21 door. Okay.. Thank you. 21 cbal 'WIIS a part of lbc mobility plan~ aDd oocc tbcy did. I 22 MR. RUSSBU:: The coUecror 'thall's 011 22 fecllike, based upon wllatt S being proposed in Rayzar 23 paper OOesD tt exist obviously 00 the IfOIlIld. It is 23 ~ I do feel like 1hcyfd prefer Ihere Dot be tbat 24 programmed to mn northward from t,~ 380 toward - it wm1ld 24 conneetion made. 25 align. approximately with Nor1hway. But d1c mobility plan 25 We did send out - for tonigbt~ Shearing. Page ) 18 Page 120 J docs allow for some Imience 10 it docs.Dft necessarily 1 we did send out II total. of 172 noticcsr 120 of 1hose ~ 2 malc:h what s on fbi, diagram. As. port of 1bc proposed 2 widDn 500 fea and .52 within 200 fcctt We got: two people 3 Raymr RaIlclJ Devc1cpmentl one of Ibc fint - when Ibcy 3 th8t were opposetL notices back. from h\Io people tbat lNI:I'e 4 eamc in originally wilh their application, one of tlz ~ apposed m:m the: 200 foot a~ and one opposed from. 5004 5 first si1e plan! 1bcy did sbow ~ tmy slQw the proposed 5 And two that 'Wme ncntral. 6 devc10prtlCDt north of UlJiV8fSity with anelms and junior 6 Staff, .in - the original design of 1haI: 7 aDehors. retail devckJpmcn~ the approximate location of 7 c:011c:ctor WBS Jeally to be a msidezrtiaJ. collector. Now1 8 that collectca' street would be bcre end tbero would be a 8 that we~ro looking at 8 toralIy different kind of 9 1m.n:inus aDd it would not COI'Inel:t into what is proposed 8S: 9 ~ on the property~ I think 1ha( - betwrrn 10 residential dsvelopmart further- 10 the ~ sa thac JO eDginccrJng and planDing staff~ we did fecllhat we did 11 would not be that connection &an 380 eventually up 10 11 need to pursue and move this fOlWU"d. get cbc pubHc 12 Windsor to tho north. 12 opioion on it. ud 'Yt'e am ... this did got to the J\.tobillly J3 Since then they have come in with JeYised 13 Committee as ~1 on Ibc 19d1. The Mobility CormnitIm did 14 plans. ThD plan (bat I haw hc:re docs show now 8 14 unlUlimously vote 10 1IlO?e Ibjs forward 10 you with a IS connection - not a direct connectionl but widt some right IS :recommendation of approval of de removal .of the co11ectar 16 tums~ 90 degICc tums" yw cvadualIy do makE; a 16 compouent on the mobJUty p~ and staff doe! support 17 connectioo from 1hc retail up tbrough 1l1c rt'Sidential iDto 17 that recommendation as wc11. 18 tho existing neighborhood. And ",hile .fR; Iookina at 18 And that wID eoocludc my pl'CSClUQQon. J9 this graph, it is important to note. 100 that this -- the J9 COIY1.\USS[OI\"Ell STRA.fiOE= okay. Any qucstians 20 allegiance, the deYeIopcr of Rayzor Ranch docs IlDt own 20 of staff. Thank)'tJllt Mr.. Ruudl WG will oow open tIE: 21 this: piece that kind of sits in between d1eir development 21 public hcarina. Is the applietmt bcm and do they wish to 22 and the existins ncisbborhood ro the II01"tL :22 apcu.k7 23 SOt baBielUy9 aD they have control over 23 MR~ HOLCOMB: rm Andy IloIcomb. 24 would be 10 .tub tho oonnection lad tI:.c:R w011ld DOt 24 cm..!MfSSlCT.'il!R S~ Gi1le us )(mF' 25 actually be a connectioo made until such time as that 2S ~Sl. PLANNING &; ZONING REGULAR SESSION, JANUARY )09 2007 Page 117 - Page 120 \.....Ulluensel [ Page 121 1 MR. HOLCOMB: 6823 wagoner Drive, Dallas~ 1 2 Texas. 2 3 COMMISSIONER STRANGE: Thank: you. 3 4 r..fR. HOLCOMB: Like Chuck said, we're 4 5 J1exible. We can either way. We think it r s in the best 5 6 interest of the neighborhood to amend the plan and delete 6 7 the connector. But you know, if they wanted it to connect 7 8 on through, wet d do that as ,veIl. We want to be good 8 9 neighbors. And so that's it. And I'll answer any 9 10 questions anybody bas. 10 1 ] CO~MISSIONER STRANGE: Any questions of the 11 12 app licant? Thank you. I do have cards on this itcrn. 12 13 Again, if you wish to speak, you do need to make sure you 13 14 fill out a card. 14 15 The first to speak is Martha Webb. COlne 15 16 fonvard and give your nallle and address, please. 16 17 MS. WEBB: My nalne is Martha Webb. I Ii ve 17 18 at 2100 Crest !\1eadow Street and I don't know when Vv'e were 18 19 notified of a nlceting concerning this item because I 19 20 reed ved no notification of any of these reques ts for 20 21 changes until last week when I received certified letter 21 22 froIn the Planning and Zoning COlmnission announcing this 22 23 hearing tonight. I turned in my COITIlnents and objections 23 24 to the changes that the developer has requested across the 24 25 board. 25 Page 122 1 The developer, incidentaIlY1 has Inade no 1 2 attempt to notify the poop Ie in my neighborhood as far as 2 3 I've been able to dctennine. rm retired. I'm easy to 3 4 get in touch with. I go to my mail box regularly. And I 4 5 have received no information other than the notice froIn 5 6 tlle Planning and Zoning COlmnission by certified mail last 6 7 week. 7 8 I have lived there for 20 years and it has 8 9 always been a bit of a problern that the only sout11bound 9 10 egress from our neighborhood is to go to Windsor1 turn 10 II east, go to Bonnie Brae, and turn south. That's tlle only 11 12 way we get out of our neighborhood going south. 12 13 N ow ~ I believe that there t s going to be a 13 14 Super Wal-Mart and a Samrs at the intersection of Bonnie 14 15 Brae and University, Highway 380. I believe that lhaCs 15 16 going to make it even harder fOf us to go south es pedally 16 17 if we want to go to Interstate 35. And I do relnember not 17 ]8 too long ago when 'We bad a serious storm that put Bonnie 18 19 Brae completely off lilnits to everyone. They were 19 20 redirecting traffic bee ause of the transfomlers having 20 21 blown do\vn and those of us who needed to get out of the 21 22 neighborhood and go south or go any direction other than 22 23 north still had to go to the interstate access, go north 23 24 to Loop 288 and then go acros s to (he next street that was 24 25 open south bound. 25 Page ] 23 Now, that does not nlake for a pleasant situation when you r rc trying to get to work. Or if there's an emergency, how do you get people out of that neighborhood southbound? Do you take then north and then bring theIn back south? I c auld, of course~ go to the interstate access and go north to Loop 288~ lllakc a U-turn and come south on Interstate 35, however, that's a bit out of my way. Right now the in terscc tion at Windsor and Bonnie Brae has a four-way stop sign. I have been told several years ago, that eventually there will be a stop light there. There f s also a f lIe station there, which can be a bit of a traffic hazard~ too. So I would like the Planning and Zoo ing Cornmission to consider that this amcnrnnent to the Mo bifi1y Plan ,viII result in even morc lin1ited mobility. I've been hoping thcytd open another southbound egress froIll my neighborhood for most of the titne 1've lived there. And r 11 be back to talk about the other plan. COMMISSI01\ ~R STRA..c\JGK Thank you. All right. Next to speak is Philip A. Baker. MR. BAKER: My nalne is Philip Baker and I live at P.O. -- 1805 Wy stcri a, Den[on~ Texas. rnl the on\ver as trustee of the 18 acres that lies south of Westward and north of the north boundary line through Page 124 which the proposed road would go to aCCel s University. I agree with the previous lady that said all \ve1re doing by eliminating this is just going to clog up the neighborhood more. Now~ perhaps, itls not in this location but it should be S Olnewhcre. \\!hat you don't know is about four years ago, \Vest\:vard was on the Mobility Plan to connect to Bonnie Brae to alleviate some of the pressure in that neighborhood where they have access only one V'lay to the left out of the neighborhood and to the north. Now, certainly sOlneday we're going to develop our property. So it t s of intcres t to me that the roads don't get furtJ]er screwed up by just creating congestion in that neighborhood. I think at least what's proposed to elintinate this is just going to compound the problenl. The church when it went in at the corner of Windsor and Bonnie Brae, I think it was through tfcir efforts because that v..nuld have gone along the south boundmy line of the church. They succes sfully got that eliminated because it was .~ it helped thern. It made their property better. But in the process it created a problem and tlns section of roadway that's now in the Mobility Plan is tlx:re because that road \VaS eliminated so \ve needed now some way to connect to make traffic flow in and out of t11at area and especially the area when it r s developed. Now. if we eliminate this or don't have the PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2007 Page 121 - Page 124 Page 125 Page 127 1 connectivity, in my opinion, it's just going to make the 1 COMMISSIONER STRA..NGE: Thank you. Next to 2 pro b (em worse. I think roads should be logical and 2 speak is Brent 'Vatkins. 3 efficiently nlQVe traffic in and out of areas. I think 3 MR. WATKINS: My nmne is Brent Watkins. I 4 it's an exaggeration to suggest that people going to 4 live at 2701 Thunderbird. I did attend the lneetings and 5 "Val-Mart driving up University~ are going to autolnaticnlly 5 we talked about this. The meeting was a pretty good 6 think, wel1~ let's jus t drive through the neighborhood to 6 turnout of all of the neighborhood. That's probably why 7 the north. \\!hen they caIne in froln the south~ they're 7 you donft see a lot of people here froIn the neighborhood 8 going to go out to the south. 8 because at the lneetings we had all -- because a majority 9 Now~ not withstanding some people might 9 had thought this was a good to elhninate this, just to 10 just get curious and do that, I think it's an 10 eliminate the traffic coming through Thunderbird. The 11 exaggeration. And so I would suggest as much as I have 11 developer has proposed over 400 houses in the part that 12 great regard for Frank Payne on the City staff, I think it 12 he's going to develop plus there's 18 acres going to be 13 would be a mistake to just eliminate this cold turkey like 13 the north of his. That's over 400 fan1i1ies with at least 14 this without further thought. I think the connectivity 14 two cars coming right down, looking for an easier way to 15 needs to be there to University even if itts through that 15 get hODle, which would be right do\VTI Thunderbird, right 16 development, if if s logical and it works appropriately 16 down through the neighborhood. 17 through the devc1oplllcnt. Tbank you. I? I believe -- it' s my belief that vlhen thi s 18 COMMISS[ONER ST~~GE: Thank you. Next to 18 mobility plan was ~- came about, they thought that this 19 speak is LaN elle W inn. 19 site was going to be nlostly residential which they would 20 MS. WINN: Good evening! Cbaiffilan and 20 need the collector street to get the peap Ie dovm to 21 Conunissioners. I'Ill LaNelIe Winn. We live at 2912 21 University Drive. And now that itrs a cOlnmercial, it is 22 Lakewood Drive. I was one of the Ininority that wanted a 22 reall y not needed. 23 connection through froIn this subdivision to 380 for 23 And as I said, at the meeting that we had 24 several reasons. One for connection to the proposed 24 about eliminating this, the lnaj ority of the meeting was in 2S shopping sites~ for the access of eInergcncy ychicles in 25 fa vor of eliminating this. I do -- I have lived there for Page 126 Page 128 1 and out. As it is now they can come in Windsor or they 1 over 13 yenrs and I know that it is inconvenient to have 2 can come down the acces s road of 1-35. Going southbound, 2 to come out of the neighborhood and go all of the way over 3 again, we have to go either over to Windsor~ to Bonnie 3 to Bonn ie Brae and down south. 4 Brae, to University, then go back to 35 or straight 4 1've also seen new developlnents or the nc\v 5 through on Bonnie Brae to 1-35 to hit southbound or we can 5 houses. up to the north, all of those people have, you 6 go nort11 on the access road and hit 288 and make the 6 know ~ they have all started coming down the street. They 7 runaround and go southbound. 7 all racetrack do\\tn the street. In the last six Ulon ths, 8 So we are landlocked in there. And we 8 the lady v.'ho was sjtting next to me carl]er, her house has 9 really need to have egress into this area. TIle objections 9 been hit twice by people not Inaking the comer right there 10 that I heard at that first meeting were, nmnber one~ 10 at Thunderbird where it curves up and goes into Westview. ] 1 people were afraid of the heavy traffic, the race track 11 It. s only going to get worse if we allow this Mobility 12 that we're going to be developing frOlll through traffic. 12 Plan to keep going - or to go through as it is because 13 And I empathize with people who bave young children. I ]3 aU of those people that are looking not to go -- when 14 don't care how well you keep your eye on them, they~re ]4 it's heavy on U nivcrsity Drive are going to COlne right 15 going to get in the streets. That can be sloV\'ed dovm \vith 15 down through our neighborhoods. 16 speed bumps. And it can be slowed down with stop signs. 16 So I \vould urge you to p lease support doing 17 Another thing that they voiced was that 17 3vlay witb iliis Mobility Plan. Thank you. 18 they did not want the commercial vchicles cOIning into our 18 COMMISSIONER STRAr\GE: Robert McCoy did not 19 neighborhood to deliver to the shopp ing sites over on 19 mark if you wish to speak or not. Do you wish to s.peak? 20 University. Well~ I'lll sorry, tlle connnercial vehicles will 20 rvrR. MCCOY: Robert McCoy, 2320 Northway 21 not be cOIning in via our streets and that would have to he 21 \vhich is just where the connection makes on that drav~dng 22 on Thunderbird because -. unles s they I re lost. And so I 22 there. We~re concerned because of the -- our street is 23 would like for you to seriously consider sorne kind of an 23 not set up fOf the Mobility Plan. TIle Mobility Plan has ~ 24 entrance or an exit for our neighborhood to get oyer to 24 certain width of street to make it a ma bility street. Our 25 Universi ty, to 380. Thank you. 25 street is narrow. We have cars on either side. We have \....,U Il u~n sell PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2007 Page 125 - Page 128 J 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 129 kids playing in the rtrcct with tha bl~kctban~ ADd WO.IC conctll1lCCl that we'rc going 10 have peop I:: coming in frcm the south and goiug t1uougb that neighborhood. We have -)'eS, ii's ditTICult rigbt DOW to make in to the south. but you can see we can -- ~'I many diIu:tions as far as emergency vehicles conccnm.. They can come OIl down Windsor~ They can come in from Tbunderbird. Tbcy can come in fl'(lJ1lhc north on - wdl, Bonnie Brae goes up to 77 and then Comel aaoss~ ~'s access - 'tbtxt s Dlllltiple ways or getting out of that neighborhood. Also. if anybody wiWd to avoid University and they're coming m from the south on I -2S, theyt]l take Augusl -1bcytU take 11nnIckrbird.. Thoy'U go iDlO our neighborhood to be able to get 8CCeS1 to their homes in Ilau So you're going 10 have a whole Jot of traffIC going throusb Thunderbird if you III let this Ibing go through. Now, Ibcre is connection, )'CSt on Northway for south direction but item also be made. to access to Bonnie Brae wid10ut going through the ~iallIa1. The sb'cd is not meant for a mobililJ s Irat as it is DlJW design:d. And it.s a very concentrated ana to have. cotL\IISSIO:iER STllANOE: Tbauk you. The last card I have is from IuIie Quillin. who did not wish to speakt But said that she did DOt want tratrlC going ""n utmKeJ I Page 131 J much danger as.sociatrd wDh this. For what? And it's nOl 2 designed 10 accommodate the people in 1be oeighborhood~ 3 The collector s~ is designed to accommodmc Ibe OC\V 4 site down ben; the sIqJpcrs. So what are we going to be S doing? WeIR going to be adding new ttaCflc to 0lU 6 neighborhood, So I'm very much opposed 10 it. IwouId 7 like to climiDatt; that collector street. Thank yoDL 8 ~SSIC.lNERSTR.A~ Thank you. Thnfs 9 u.lJ tIE cards. Anyone cL'iC wishes to speak1 Docs the 10 applicant have any fortber comments? II MR.. IIOLOOMB: NO. 12 OOMMlSSIONERSlRANGE: okay. Wewll close 13 the puclic hearing. Mr. Walkins. 14 COMMJS:SIONBR WATKINS.: "J'bank you. Mr. IS Cbainnan. Is it worting now? 16 COMWrsstQNER, SlR.AI\"OE; NO. You're out of 17 luck IODight. 18 COMMlSST~ W A 'IKINS! I would. be remiss. I 19 lbink, I ... as an observex', I attenckd the meding aban 20 this street and I would very much like 10 tbonk our staff 21 as well as 1he developer and the engineering department. 22 As I sai<<L I was an obscrvet". ] didn It say anything. I 23 sat in the back 8Ild I liP:ncd 10 what VI3 S said and it was 24 I tboughl a \Vell-at1cnded meeting and people spoke,. 2' rtgardIess of what they wanted SO I thought ] would be Pa~130 Pa~132 I tmcugb bcr ueigb.borlxKxL Thatl s all Ihc cards ] have. 1 remiSI if I didn. t thaDk O\U staff, <<1gincerlng dcparbnent :2 Is there anyone eIsc. here 'WOO wishes to speak? Come 2 and tbe deveJaptr for haviog the wetiog.. Thank yon~ 3 forward and give UI ,-our name and address. p1csse. 3 COMMISSIONER. STRANGE: Thank you. Do '\VC 4 MR. MA YHILL: My DBJDI:;: is Fmnk MayhiBt I 4 have a motion 00 this itan? Dr. Thibodeaux. .5 live at 2100 a=nwey Drive. You can see il OD the map 5 COMMISSI~'EA nnBOOEAUX: Mr. Chairman. I'd 6 tIxftl. I didn't fill out 8 card to speak because I 6 like to move approval of CA06-0008, to remove an unnamed 7 thought that \VC bad pJdly much tova'ed this at 1be 7 collector stroel 8 meeting that we had tbcrc at the health club. The 8 COMMfSSlQh1!R. WATKINS: second. 9 gentleman's f~ I IbinJc., is pretty 8CCwate. I would 9 COM.'\fiSSIONER. STRA.."'KJE: we ha~ 8 motion by 10 say that 'WClI over 90 pc:rcent of the people that was 81 J 0 Dr" Thibodeaux: and a second by Mr. Watkins4 DD 'We have 11 that nu:etmg was oppmcd to the collector street. We've 11 aDY discunion? WeDl I'm a 86 mixed on this. I 12 bad - ibis will be the tbiJd mreting Olltbis. We bad 12 tbiot we had Ibis bcfocc. what. two months age or at the 13 plenty of notices. We had the one out here- at the 13 IBt ~na oc wOOleverl when 1be dcvelopet bl'OU8bt their 14 RadisSOD. We bad cbc one down at tIE heahh club and tbcu 14 plan in and them was a lot of conversation about this, IS wet vc had this OIV:: here. 15 people not wanting it through the Dcigbborhood, people be 16 .And the majority of the people in our 16 wanted another \llay out My concern is that simply 17 neighborhood Ibat rvc taJIced to, lheytre much opposed 10 17 abandoning this - rm having a problem with that because 18 baviog Ihat collector street for the sanr; reason that 18 with the amount of develo>>mcnt thnIt s comicg in hen: IIEre 19 yoo.tvc beard from everyone eke. AD it win do wiD just 19 has to he some other \YaY in and out of dUs whole arm. 20 be adding traffic to our neigbborhood. and sums 1bat are 20 And I donft know wbaI the Ci1y staff is going to do about 21 rosidential streets. Tbeytrc not collo:.tor s~. 21 itt If \VB abandon tis one. docs that mean that wet're not 22 Ilzrc would have CO be 8 tremendous amounl of work done on 22 going 10 pay attention 10 lhiSt a docs it mean that \Ve're 23 Northway there to make it handle any kind of additional 23 nbandoDing this and 'WC.xc going to look for a better 24 traffic~ Tllcrct S CDOUgh Iraffic on it as it is right now. 24 alternative? 25 And 1his is a residential neighborlwodl so t1x:ro's too 25 MIl. LOCKLBY: JUSt ammd:Ing this portion of PLANNING &: ZONING REGULAR SESSION, JANUARY 10. 2007 Page 129 - Page 132 \.NUm:;lls\uL Page 133 Page 135 I the Mobility Plan does not rcsn1t the Commisdon from 1 additional residence! am.going to come iD to that aresi' 2 making a rcc:nmmendstion 10 1bc Mobili1y Committee for 2 it has to be considered. 3 another con:oec.tkm at some point in this area.. I m~ 3 CDMMISSlOhU STB.ANOE: Any other COJl1IIrnlS? 4 there could be a proposal far I connecticI1. for cxamp~ 4 MR. 1~8: can I speak'! S from Westward to Bonnie Brae or :from 11nmdcrbird to Bonnie 5 COMMISS[OI\~ STRA. -ro5: 'VfCll1 okay t r u 6 Brae or somcdting. I~s just depending upon how that 6 tell you what,. DOI1JljJlly we don tt do that But SiDCe wetve 7 property dcvcIopcd aDd if it makes SCD$C or not 10 provide 7 Blready been here five hours .. rm just Idddingt Come OD 8 that connection, So ahbougb this may -.. this connection 8 up. 9 may be mnoved. a recommendation can be made in the fu.turv 9 MIl. ROLco..\iB:. I was just going 10 say 10 fur anomer connectioo in this area. 10 rqardIess. \VCr Ie goinalO have an exit out of the 11 COMMlSSfONI!R STRANGE= I'm almost fcc1ms II rea idcntial on the south side. So \Yetre trying allcYia.lc 12 c~ to 1lllIke some lOI1 cl a rcccmmcndation. 12 the congestioo on Bonnie Brae regardless so 1haC: the 300 J3 lNlCENllFlBD SPEAKER: May I make a 13 hmncs 1hat we'vc got 0.Il1hc ruth said of 100 power centel" 14 tommentt You said. tberc would be a coDDeCtion from 14 win have a secondary means of ~s cmning out to Thmc1erbird. Not ualess you IIDlOVe' my next door ....... 15 IS University Boulevard which wiD help alleviate that 16 neigbborrs bwset 16 traffic at Bonnie Brae. 17 COMMISSroNER. S'IRA..'lQE: WO'"' just looking J7 OOMM(S$lQl'rr."EK STRANGB~ okay. Good. Any 18 II oplioDs and r d just ahnost feel mniss if we diln.. 18 o1IEc ComnlCOts? 19 make some recommauJation back to tb) Mobility Committee 19 COM~n WA.'JKOO~ 11bInk wbat \lie WCft$ 20 1hat this item. rcmairI 0 priority and even if \YC do JCIIWVe 20 - had in mind dmt when Ibis is PIat1cd welve seen. 1be 21 this. we don tt isna'e the properly ownen that ere left 'Up 21 fmal plaD for 'de 1S0 acres or 1be soutb portion and YIheo 22 1bcre perhaps with no access at all to the south. rm 22 that is - YIhen that C(BI'EJ before US~ I tbiDk. the mobility 23 ~ not wanting 10 impact the ,~ - I thiDk we 23 grwp win have ot least a Dumber of ways in aDd out with 24 discussed that last time as well. that there BrG not .... 24 that !D8JJy can and d18I many homes. 25 ~..s not one stna up 1b.2c that is of 8 colleclor 25 COMMISSIONER SI'RAl\U& MY only comment, Mr. Page 134 rage 136 I stalUS. So this is kind of a toogb deal but I hoe 10 I Waddns~ it was exactly tbat direction that I don't wanl 2 just vote the aM)' and. not - and not see that we have 2 to see this disappear simply because \VC vo1D tbil off that 3 80DIething going fonwrd ~ So can we take that IS a 3 somebody Ihinks werve solved Cbe problem. So if 'RC vote 4 recommendation back to Ibc engineering department ()r the 4 this offt we need to see somcIb.jng else back hem Chat is 5 Mobility COII'IJ1lb;;:e? S a modifICation to this. Wetve,got. motion RDd a second 6 MR. LOCKLEY: Yc:a.. we can 1aIw dIIt back as .., to vote on dlis. And I think my COD1Jl101ts and Dr. 7 a RCOIlUIlCIldati. 7 Thibodeaux'l ccmmcnts will be in the public record. And 8 ~ SDA'\'3B: Drt Thibodeaux. S Mr. Lock~s got - I think you.vc gal the gist 9 COM.'J.IISSIONER THIBODI!AUX: well I am 9 of what welte trying to dol to pass it OD to Engineering 10 lisb:ning to )'00 aDd heard COJl1IllCllts and 1. 100, have 10 and Mobility. 11 oonccms about the ability for cmCJgenCY vchicks to act 11 MR... LOCKLEY: yes.. 12 in and out of !bat 8Ria; maybe more concem than I bad 12 OOMMtSSlONER. STRANGB: so with that; please l3 1hrcc cr four moutbs &.go about lhal But I dmltt know if 13 vo1c. ADd !be item pB85C8 7-0. 14- that's - if the solution is wbst is shown on - it's 1hc 14 And the next itan on the Agenda is to IS collector street Ilmt was shovro. in one of the exhibits. I IS consider any 1irture .Agenda items. Anyone haw lDydUng 16 think something going cast aDd west out oftbat 16 tl:ey wish to bring forward? If not. we wiD adjourn our 17 neighborhood would provide a better rohJ.tion 81 far as If m 17 mcctins: at 9: 55. 18 COIlCCIllC:d. but IhatlPs not pan of - necessarily a pare of 18 (End of pl'OCQXlingst) 19 Ihi& But that part my thinking on. that.. 19 20 COMMISSImmJ, S'IRANtlI! wel~ it's .important 20 21 foc the Mobility CommitEe to know what your 1houghts are 21 22 Ie I'm glad that)'Oll stated lbatt 22 23 COM.\tBSlONER THtBODUAUX: sure~ ~ ~ 23 24 ] do - I cmainly have CODccm for ~ vehicles 24 25 aod just given tI:Ie nature and siveD the fact that 2S PLANNING" ZONING REGULAR SESSION, JANUARY 10, 2007 Page 133 - Page 136 S ~\Our Documen ts\Ordinances\07\CA06-0008.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON, TEXAS, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE~ (CA06- 0008) WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999- 2020, the Comprehensive Plan of the City of Denton, Texas; and WHEREAS, on January 10, 2007, the Planning and Zoning Commission recommended approval of the Mobility Plan Amendment; and WHEREAS, the requested change was not initiated by the property owner; and WHEREAS, the City Council finds that the Mobility Plan Amendment is in the best interests of the health, safety and general welfare of the citizens of the City of Denton, Texas; 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 the City Council hereby finds that all legal criteria for approval have been satisfied, including those set forth in S351t3.3~B of the Denton Development Code. SECTION 2~ The Mobility Plan of the Denton Plan is hereby amended as explained in Exhibit "A" - Proposed Changes. and as shown on Exhibit "B." SECTION 3~ The City's official Mobility Plan map is amended to show the change in future roadways. 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 not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. This ordinance shall become effective immediately from and upon its passage and approval. PASSED AND APPROVED this the _ day of , 2007. PERRY McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M SNYDER, CITY ATTORNEY ..-..- ... "'_I~"- ",_... __.. ----") k/--- ~Y:'--~ ._... L-------~~-~ EXHIBIT A PROPOSED CHANGES 1. Unnamed Collector from U.S. Highway 380 to Thunderbird Lane - This change is intended to be responsive to proposed development in this general area and to address the concerns of the residents of the neighborhood to the north of the proposed Collector. The amendment eliminates the Collector currently shown on the Mobility Plan. EXHIBIT B EXHIBIT B AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2007 DEP ARTMENT: Planning and Development Howard Martin, 349-8230 .. ACM: SUBJECT - Z06-0038 (Faith United Methodist Church) Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 10.2 acres of land located on the west side of Teasley Lane, southwest of the corner of Leatherwood and Teasley Lane, with consideration being given to the use of an Overlay District to further restrict uses on the subject property. The applicant is requesting a change from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is currently undeveloped and the owner proposes to build a church. The Planning and Zoning Commission recommends approval of the zoning change with the Overlay District. (7-0). BACKGROUND Applicant: Faith United Methodist Church Corinth, TX The applicant is requesting a zoning change from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district on an approximately 10.2-acre tract of land to build church and church related uses on the subj ect property. Staff recommends that an Overlay District be placed on the property to limit uses to church and church related uses in order to maintain compatibility with the adjacent uses. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has not received any responses from property owners within 200 feet of the subject site. PRIOR ACTION/REVIEW This site was rezoned from Agricultural zoning district to Neighborhood Residential 2 (NR-2) zoning district on February 20, 2002. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the zoning change with the overlay district. EXHIBITS 1. Staff Analysis 2. Location Map 3. Future Land Use Map 4. Existing Zoning Map 5. Proposed Zoning Map 6. Public Notification Information 7. Site Photographs 8. Letter of Intent 9. Planning and Zoning Commission Minutes 10. Ordinance Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development Prepared by: Supriya Chewle, Planner II 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO: Z06-0038 DATE TO BE CONSIDERED: February 20, 2007 The property is located on the west side of Teasley Lane, southwest of the corner of Leatherwood and Teasley Lane. LOCATION: Faith UMC 4251 FM 2181 #230-#108 Corinth, TX 76210 Gregory Pollock 711 Clayton Circle Coppell, TX 75019-2805 APPLICANT/ OWNER: REQUEST: Consider adoption of an ordinance regarding the rezoning of approximately 10.2 acres Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The Planning and Zoning Commission recommends approval of the zoning change with the overlay district. RECOMMENDATION: The subject site is located within a Neighborhood Center future land use designation. COMPREHENSIVE PLAN DESIGNATION: The subject parcel is within the Neighborhood Center future land use designation described in the Denton Plan as follows: "The focus area of a neighborhood center contains facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park, and perhaps and elementary school. These diverse facilities are ideally located in close proximity to one another in the center, so that all the essential neighborhood facilities are in one convenient location, accessible in a single stop or by walking or biking. It includes vertically integrated uses where different uses may occur on each floor of the building." The proposed NRMU zoning district is consistent with the comprehensive plan designation. SITE AND SURROUNDINGS: The property is currently undeveloped. South: City of Denton's ETJ and Neighborhood Residential 2(NR-2) - a Cemetery and a Church further north of the Cemetery. City of Denton's ETJ & Neighborhood Residential 2 (NR-2) - undeveloped City of Denton's ETJ - undeveloped vacant land North: West: 3 East: City of Denton's ETJ and Neighborhood Residential 2(NR-2) - Proposed for a TXU electric substation. Neighborhood Residential 2 (NR-2) - Guyer High School. Northeast: BACKGROUND INFORMATION: The applicant is requesting a zoning change from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district on an approximately 10.2-acre tract of land. The applicant is proposing to build a church on the subject property. Staff recommends that an Overlay District be placed on the property to limit uses to a church and church related uses in order to maintain compatibility with the adjacent uses. Access for the subject property will be from Teasley Lane. ANAL YSIS: Development Code/Zoning Analysis The applicant is proposing to rezone the subject property from an NR-2 zoning district to an NRMU zoning district. The NR-2 zoning district has a height restriction on structures limiting them to 40 feet and maximum lot coverage of 30%. The percent tree canopy cover required for an NR-2 zoning district is 50% The applicant is requesting to rezone to NRMU since this zoning district allows the structures a maximum height of 65 feet and maximum lot coverage of 80%. The percent tree canopy cover required is 40%. This meets the applicant's requirement for building several structures for the church. The comparison between uses permitted in NR-2 and NRMU zoning districts are provided in the following charts. Retail Sales and Services, Restaurants, and Professional offices are permitted within NRMU zoning district, which are not permitted within the NR-2 zoning district. Staff believes that a church use is appropriate for the location and therefore recommends an overlay district restricting uses be placed on the property. The following table highlights the uses in NRMU zoning districts. The NRMU zoning district permits commercial and higher density residential uses. Residential Land Use Categories NR-2 NRMU Single Family Dwellings P N Accessory Dwelling Units SUP N L(I) Attached Single Family Dwellings N L( 40) Dwellings Above Businesses N P Live/W ork Units N P Community Homes For the Disabled P P Group Homes N SUP Multi-Family Dwellings N SUP L(4) Manufactured Housing Developments SUP N 4 Commercial Land Use Categories I NR-2 I NRMU Hotels N P Bed and Breakfast N P Retail Sales and Service N L( 1 7) Restaurant or Private Club N L( 11 ) Drive-through Facility N SUP Professional Services and Offices N L( 1 7) Quick Vehicle Servicing N SUP Laundry Facilities N P Equestrian Facilities SUP N Outdoor Recreation P SUP Administrative or Research Facilities N L( 14 ) Broadcasting of Production Studio N L( 14) Temporary Uses L(38) L(38) Industrial Land Use Categories I NR-2 I NRMU Bakeries N L(21 ) Kennels L(37) N Veterinary Clinics L( 14) P Gas Wells L(27) SUP L(27) Institutional Land Use Categories I NR-2 I NRMU Community Service N P Semi-public, Halls, Clubs, and Lodges SUP P Business / Trade School N L( 14 ) Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P High School N SUP Elderly Housing N P Medical Centers N P 5 The chart below illustrates the development standards of the NRMU zoning district. The following limits apply to subdivision of 2 acres or less: General Regulations I NR-2 I NRMU Minimum lot area (square feet) 16,000 2,500 Minimum lot width 80 feet 20 feet Minimum lot depth 100 feet 50 feet Minimum front yard setback 20 feet None Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet None Minimum rear yard 10 feet None The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: General Regulations I NR-2 I NRMU Maximum density, dwelling units per acre 2 30 Minimum side yard for non-attached buildings 10 feet 12 feet The following limits apply to all buildings: General Regulations NR-2 NRMl..J Maximum lot coverage 30% 80% Minimum landscaped area 70% 20% Maximum building height 40 feet 65 feet Minimum yard when abutting a 10 feet plus 1 foot for each 20 feet plus 1 foot for each single- family use or district foot of building height above foot of building height above 20 feet 20 feet NR-2 Neighborhood Residential 2 70% 50% NRMU Neighborhood Residential Mixed Use 20% 40% 6 DEPARTMENT AND AGENCY REVIEW: The request was reviewed by the Development Review Committee and no comments were submitted. FINDINGS: 1. The uses and development standards contained within the proposed NRMU zoning district are in character with the adjacent zoning. Staff recommends an Overlay District restricting new uses on the site to Church and Church related uses in order to maintain compatibility with the adjacent uses. 2. The rezoning request is in compliance with the Denton Plan. 7 EXHIBIT 2 Location Map 8 EXHIBIT 3 Future Land Use Map 9 EXHIBIT 4 Existing Zoning Map . NORTH 10 EXHIBIT 5 Proposed Zoning Map . NORTB 11 EXHIBIT 6 Public Notification Information : :. . NORm Public Notification Date: 200' Legal Notices sent via Certified Mail: 500' Notices sent via Regular Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 0 · Neutral: 0 01/12/07 10 10 12 EXHIBIT 7 Site Photographs Notification Sign Guyer High School to the east of the subject property Cemetery to the north of the subject property Church to the north of the subject property t. "" ~ ~.,~ ~~,. .,~~ .... . .::.~ : .::...... .. . . . .. "::-:". ..... ... . ...... ... . ........ . ... .... ... y . .... .. ..... .. .... .. . -. .. . . . ..... , ...... . . .. .. . . .. ..:::..:.::::........~ Proposed TXU substation site, to the east of the subj ect property Teasley Lane 13 EXHIBIT 8 Letter of Intent Faith United Methodist Church 4251 FM 2181, #230 Corinth, TX 76210 De~ber 11, 2006 Planning and Development Department City Hall West 221 North Elm Denton, TX76201 Re: Letter of Inteut to rezone property at 6060 Teuley Lane, Deuton, TK. A 10.134 acre tract in the J. &. Dickson sDnrey A - 342" known as Lot 1," Block A, DeotoR CoonI)'. Platt A-833I-l, FDed 5-!J-95, Cab-L, Pg-139 " The appJicant respectfully requests a zoning change from NR-2 (existing zoning) to NRMU (proposed zoning) fur the following reasons: 1. Faith United Methodist Church has contracted to purchase this lOr134 acre trad: contingent on proposed rezoning to develop a clwrch that will be built in phases over several years. 2. The NRMU zoning meets the height requirements of the sanctuary and the need for multiple structures as is customary in a church~ 3~ This site CWTently has a sewer line located along west boundary of property_ Water and electrical lines run down PM 2181 to the east boundary of property. Access to property will be from FM 2181 where a future median cut is is to be located serving both Guyer High School on east side ofFM 2181 and applicant's side to the west. 4. This site currently has two drainage easements that were dedicated at the platting of proposed property. At development all drainage needs win be considered and amended as needed.. Your consideration of this request: is appreciated. Should you have any questions or concerns, please feel free to contact me at 972 841-3715r Sincerely, d2"e~ John R. Lugenheim Con den selt TM Page 5 Page 7 1 COMMISSIOh13R SIR1\... ""\GE: The next item is our 1 several buildings for the church on the property. 2 public hearing and lte1n No. 3A is the rezoning of 2 Retail sales and services, restaurant, 3 approximately 10.2 acres of land from the Neigh borhoad 3 profes s ional offices are pennitted within NRMU zoning 4 Residential 2 Zoning District to a Neighborhood 4 district which are not pcnnitted with NR - 2 zoning 5 Residen tial rvfixed Use Zoning District with consideration 5 district. Staff believes that a churc.h use is appropriate 6 being given to the use of an overlay to further restrict 6 for the loc.ation and~ therefore, rec.ommends an overlay 7 uses on the property. The subject property is located on 7 district restricting the uses to be placed on the 8 the west side of Teasley Lane southwest of the corner of 8 property. Staff rccolmnends approval of the requested 9 Leatherwood and T cas ley. Ms. Chew Ie. 9 zoning change on the findings that the uses and the 10 MS. CHEWLE: The applicant is Faith United 10 development standards contained within the proposed NR-2 11 Methodist Church from Corinth, Texas. This is a request 11 zoning -- NRMU zoning district are in character with the 12 to rezone a pproxnna tely 1 0.2 acres fraIn Neighborhood 12 adjacent zoning. 13 Residential 2 zoning district to a Neighborhood 13 Staff rccoDUllends an overlay district 14 Res idential Mixed Use zoning district with cons ideration 14 restricting new uses on the site to c.hurch and church 15 being given to the use of an overlay to further restrict 15 related uses in order to maintain cOlnpatibility .with the 16 uses on the subject property. 16 adjacent uses. And the rezoning request is in cOlnpliance 1 7 The su bjcc t property is located on the west 1 7 vlith the Denton Plan. Do you have any ques lions? 18 side of Teasley Lane southwest of the corner of 18 COYIMISSIO~R STRANGE: Any questions of 19 Leatherwood and Teasley Lane. The applicant is proposing 19 staff? Thank you very llluch. 20 to build a church on the subject property. Access to this 20 MS. CHEWLE: Thank you. 21 property will be froIn Teasley Lane. 21 COMMISSIONER STRANGE: This is a public 22 The subject site is IDea tcd within a 22 hearing. \'l e will now open the pub lie hearing. For those 23 Neighborhood Cell tcr Future Land Use Designation. The 23 of you in tile audience who wi sh to speak on any item on 24 subject property is currently undeveloped. To the north 24 the Agenda tonight, ifs a public hearing -- it is a 25 of the subject property is a cetnetery and further to the 25 public hearing itetll, we'd request that you fill out a 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 north is a church. To the south is -- if s in the ET J and it's zoned N -- and SQIne properties within the NR- 2 zoning designation which is all undeveloped right now . To the west is undeveloped vacant land which is in the ETJ. And to the east is property zoned NR- 2 which is proposed for a TXU Electric Sub s tatian . To the north is tile Guyer High School. Pub lie notifications were sent to property owners within subject -- within 200 feet of the subject property. Staff had not -- staff just received. a notifica tion in opposition to this request. The notification map shows property which is not a part of h not a part of this -- this request. \Vhen the notification was sent out, it was staff's understanding that the northern property was a part of the request. But on further discussions with the applicant who identified that on ly the southern portion was part of the request. The applicant is propos ing to rezone this property froIn 1\"R-2 because KR-2 zoning district has a height restriction on struc.rnres linliting thelll to 40 feet and maxiululll lot c.overage to 30 percent and percent tree canopy cover to 50 percent. U ndcr KRMU zoning district the maxirnmn height is 65 feet. The maxiInum lot coverage is 80 percent and the tree canopy cover is 40 percent. This n1t~ts the requirement of the applicant to have Page 6 Page 8 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 card, which you r 11 find outside, hand it in down front, and when that item comes up on the Agenda, you' 11 be called upon to nlQVC fonvard to the front to make any of your comments. Generally, if we don't have cards, you will not be allowed to speak. Is the applicant here and do they wish to speak? MR. LUGENHEIN~ Good evening. rm John Lugenhein~ 1917 Quail Run in Corinth. rm here as the duly aut110rizcd agent for F ai th United Methodist Church and \ve are asking you to approve the rezoning of thi s property. Currently, tile church is in contract Witll the Pollicks for tile property. And the contract is contingent upon favorable rezoning of the property. I have J aIm McLarty, which is the Pastor of Faith United Methodist Church here tonight and if you have any questions for us, we'd be glad to answer thern. COM~ISSIONER STRA..NGE: Any questions of the app licant? Thank you very much . We do not have any cards on this itelTI. Is there anyone here who did \vish to speak for or against this item? MS. GALVIN: I'Dl sorry. I signed in late and I did not see a card. CO\1MISSIO:--rnR STRANGE: In lieu of our short notice to you, we' 11 allow you to COlne down and give us PLANNING & ZONING REGULAR SESSION, JANUARY 24, 2007 Page 5 - Page 8 CondenseIt nI Page 9 Page 11 1 your nalne and addrcs s and you can -- you c an address the 1 the i teln pas scs 7 -0 ~ 2 COlmnission. 2 3 r..,fS. GAL \!IN: IIi. My name is Lisa Galvin. 3 4 I reside at 5550 Rankin Road and I'm wi thin the 500 feet 4 5 notification and I came chieOy because I was concerned 5 6 about extra traffic going out on to Leatherwood Lane, but 6 7 I see now based on what they just presented1 that it 7 8 docsn 't involve the western or the north portion of the 8 9 tract, I believe. I donrt have anything to show other 9 10 than what staff showed you before. 10 11 CO:vtMISSIONER STRANGE: \Ve \\J'ill help you get 11 12 that exhibit back up. 12 13 MS. GAL VIK: Are y' all not interested in 13 14 connecting it now? Where it says now property not 14 15 iuc ludcd in the rezoning req ues t~ I was concerned a bout 15 16 the property or the possible widen iog of Leatherwood if 16 17 they went ahead and -. if they were requesting zoning for 17 18 retail at this tune, that would result in loss of property 18 19 to myself and my family, you know, so I'm no longer 19 20 opposed. I think it would be a good use for that site, 20 21 you know, what they' re looking at doing with the church. 21 22 I think that would be a great spot. 22 23 COMMISSIONER STRA~GE: okay. Anyone else 23 24 here who wishes to speak for this itcIn? Okay. As the 24 25 app licant, do you wish to answer any questions that came 25 Page 10 Page ] 2 1 forward from her comments or arc you satisfied with 1 2 what -- 2 3 MR. LUGENHEI~: Yeah. I think she's 3 4 correct that we are not asking for the rezoning of that 4 5 northern tract and it shouldn't cause any problelns to 5 6 Leatherwood. 6 7 COM:vIISSIOXER STRANGE: And you're not using 7 8 that for access? 8 9 MR. LUGENHEIN: NO, no. In fact, wctre not 9 10 purchasing that tract. Wet re si lnp 1 y purchasing the 10 11 southern tract. 11 12 COMMISSIONER STRANGE: okay. Anyone else 12 13 wish to speak? If not, wetll close the public hearing. 13 14 Do we have a motion on this item? 14 15 COM~ISSIONER THO!\.1A.s: I'll move approval. 15 16 COMMISSIONER STRANGE: We have a motion by 16 17 Mr. Tholnas. Do we have a second? 17 18 COMMISSIONER WATKINS: with the overlay? 18 19 COMMISSIONER THOMAS: Thank you. Yes, with 19 20 the overlay. 20 21 COMMISSIONER STRANGE: The motion as 21 22 advertised, okay. 22 23 COMMISSIONER EAGLETO~: second. 23 24 COMMISSIONER STRANGE: And a second by Mr. 24 25 Eagleton. Do we have a discussion? Please, vote. And 25 PLANNING & ZONING REGULAR SESSION, JANUARY 24, 2007 Page 9 - Page 12 Exhibit 10 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2(NR-2) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT WITH A MIXED USE RESIDENTIAL PROTECTION OVERLAY, RESTRICTING THE USES TO CHURCH AND CHURCH RELATED USES FOR PROPERTY LEGALLY DESCRIBED AS LOT 1, BLOCK A, OF THE GREGORY & KATHLEEN POLLOCK ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS ACCORDING TO THE PLAT THEREOF, RECORDED IN CABINET L, PAGE 139 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE~ (Z06-0038) WHEREAS, Faith United Methodist Church has applied for a change in zoning for approximately 10.2 acres of land from a Neighborhood Residential 2(NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation with a mixed use residential protection overlay district, further restricting allowed land uses to Church and Church related uses; and WHEREAS, the City Council makes the following findings: a~ The change in zoning, including the mixed use residential protection overlay, is consistent with the Denton Plan; and b~ The mixed use residential protection overlay will protect and enhance the property and surrounding area which are distinct from lands and structures outside of the mixed use residential protection overlay and the immediate neighborhood; and c. The regulations imposed in the mixed use residential protection overlay serve important and substantial public interests by preserving the integrity of the neighborhood surrounding the mixed use residential protection overlay; and d. The conditions associated with 935.5.2.4 of the Denton Development Code for imposition of a Mixed Use Residential Protection Overlay are found to be met, that the conditions proposed are intended to address the concerns of adjacent residential uses for the proposed nonresidential mixed use, that the imposition of these additional conditions serve to address those concerns, and that the applicant has consented to them as additional zoning requirements; and WHEREAS, on January 24, 2007, the Planning and Zoning Commission recommended approval of the requested change in zoning with the mixed use residential protection overlay; NOW, THEREFORE, THE COUNC~ OF THE CITY OF DENTON HEREBY ORDAINS: SECTION l~ The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2~ The zoning district classification and use designation is hereby changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation with a mixed use residential protection overlay containing the following regulation: The permitted uses are limited to Church and Church related uses only. The above regulations shall control within the overlay district over any conflicting regulations for the NRMU zoning district contained in the Denton Development Code. The subject site is attached hereto as Exhibit "A" and incorporated herein by reference. Notwithstanding the above real property description, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way. SECTION 3 ~ The City's official land use map is amended to show the change in the land 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 not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable.. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,OOO.OO~ 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 R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: APPROVED AS TO LEGAL FORM: EDWIN M SNYDER,-el ATTORNEY .....r~. . T/"~ PAGE 2 EXHIBIT A ~ '...... o 155 310 11240 Feet N A 620 930 - - PAGE 3 AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2007 DEP ARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation for the acquisition of three 500-gallon pumper trucks for the City of Denton Fire Department; and amending the 2006-07 Capital Improvement Budget to allow funding for said project; and providing an effective date. (Related costs $1,750,000) BACKGROUND The Fleet Services department is utilizing certificates of obligation for the purchase of three 500-gallon pumper trucks for the Fire Department. The Fleet Services department is requesting a reimbursement ordinance in the amount of $1,750,000. These funds will be provided by the Unreserved Fund Balance of the General Fund and will be reimbursed with Certificates of Obligation sold in fiscal year 2006-07. Two of these vehicles were originally budgeted in the 2008-09 Capital Improvement Budget. Martin Apparatus has agreed to extend their 2006 quote for pumper trucks through the end of February 2007. This gives the City an opportunity to replace three existing reserve engines that are not in good working condition, at a lower cost, and to improve the overall condition of the Fire Department equipment. Additional information can be found in the following agenda item. PRIOR ACTIONNIEW (COUNCIL.. BOARDS.. COMMISIONS) This item will be presented to the Audit/Finance Committee at their February 19, meeting for their review and recommendation. FISCAL INFORMATION These vehicles will be funded from 2006-07 Certificate of Obligation funds. Respectfully submitted: ~.""'~.".'~. . . . t. . is:: ... .~ . ..; ~ Jon Fortune Assistant City Manager 8:\Our Documents\Ordinances\07\Reimbursement fire trucks.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION FOR THE ACQUISITION OF THREE 500-GALLON PUMPER TRUCKS FOR THE CITY OF DENTON FIRE DEPARTMENT; AND AMENDING THE 2006-07 CAPITAL IMPROVEMENT BUDGET TO ALLOW FUNDING FOR SAID PROJECT; AND PROVIDING AN EFFECTIVE DATE. (RELATED COSTS $1,750,000) WHEREAS, the City of Denton (the "Issuer") IS a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in cOlUlection with the acquisition of three 500-gallon Pumper Trucks more fully described in Exhibit "A" (the "Project"); and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project; and WHEREAS, Sec. 8.08 of the Denton City Charter provides that the budget may be amended for municipal purposes by the affirmative vote of at least five (5) members of the Council, in accordance with applicable law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The findings and recitations in the preamble of this ordinance are incorporated herein by reference~ SECTION 2: The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $1,750,000 for the purpose of paying the costs of the Project, as set forth in the attached Exhibit "A" which is made a part of this ordinance for all purposes. SECTION 3: All costs to be reimbursed will be for the acquisition of three 500-gallon Pumper Trucks. No tax-exempt obligations will be issued by the Issuer in furtherance of this ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. All amounts expended from the Unreserved Retained Earnings for the Project to pay any costs of the Project shall be reimbursed from Certificate of Obligation proceeds within the 2006-2007 fiscal year. SECTION 4: The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this ordinance more than three years after the date any expenditure, which is to be reimbursed, is paid. SECTION 5: The 2006-2007 budget of issuer is amended up to $1,750,000 to provide for adjustments to budgeted appropriations in the General Fund. SECTION 6: The City Secretary is directed to attach a copy of this ordinance to the original budget and cause this amendment to be published once in the Denton Record-Chronicle. SECTION 7: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2007. PERRYR. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWINM. S ~ER, CI Y ATTORNEY BY: Page 2 Exhibit A Three (3) Fire Engines $1,750,000 AGENDA INFORMATION SHEET AGENDA DATE: February 20,2007 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Ross Chadwick 349-8830 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of three 500-gallon pumper trucks for the City of Denton Fire Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3740-lnterlocal Agreement for Purchase of Three Fire Trucks with H-GAC awarded to Martin Apparatus, Inc. in the amount of $1,318,660). FILE INFORMATION Please see Audit/Finance (Attachment 1) agenda information sheet for a complete description of the purchase. RECOMMENDATION Award to Martin Apparatus in the amount of $1,318,660. PRINCIPAL PLACE OF BUSINESS Martin Apparatus, Inc. Denton, Texas ESTIMATED SCHEDULE OF PROJECT The estimated delivery date for the trucks is December 2007. FISCAL INFORMATION The units will be funded from a reimbursement resolution to be approved by Council on February 20, 2007. Agenda Information Sheet February 20, 2007 Page 2 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Audit/Finance Committee Agenda Information Sheet Attachment 2: H-GAC Pricing Sheet l-AIS-File 3740 Attachment 1 AUDIT/FINANCE COMMITTEE AGENDA INFORMATION SHEET AGENDA DATE: February 19,2007 DEP ARTMENT: Fire Department STAFF PRESENTER: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding replacement of fire apparatus in the Fire Department. EXECUTIVE SUMMARY An opportunity has presented itself to the City of Denton with the potential to save $1,333,590 and also improve the Fire Department's operational capability and readiness by replacing its older reserve apparatus. The manufacturer of the Fire Department's two new fire engines being delivered in February 2007, Pierce Manufacturing, through Martin Apparatus, has proposed significant incentives to the City if it purchases additional engines off the current bid and specifications by February 27, 2007. Staff did not have this opportunity during the FY 2006-07 budget process and believes that this is an excellent opportunity to benefit the City. Staff is recommending replacing three older engines now, rather than waiting until FY 2008-09, which is the next scheduled funding for replacements included in the current Capital Improvement Plan (CIP). Funding for the engines will come from Certificates of Obligation bonds and will require a separate ordinance to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation to be sold this Spring. It will also require an amendment to the FY 2006-07 CIP. BACKGROUND Replacement of vehicles is based on the evaluation of several criteria translated into a point system by the City's Fleet Services Department. The City's funding schedule of replacement fire apparatus has lagged behind the recommended replacement schedule, although it has not proven to be detrimental to the overall Fire Department service delivery. However, this has resulted in a cycle of "catch-up" to replace an older reserve fleet that is becoming increasingly costly to maintain and impacting operations. Additionally, delaying the purchase of vehicles ultimately increases the overall cost due to yearly inflation of prices. The Fire Department's Strategic Plan states the following goals as it relates to apparatus replacement: GOAL 10-11 Adopt realistic replacement guidelines for replacement of fire facilities, major pieces of equipment, apparatus and vehicles. GOAL 10-12 Provide and maintain a fleet of fire apparatus and vehicles capable of accomplishing the mission of the Denton Fire Department with a high level of effectiveness, reliability and safety. Based on those two goals and best practices in the fire service, the Fire Department has historically and in conjunction with Fleet Services' replacement criteria (hours, mileage and maintenance) used the following criteria for replacement of apparatus: Fire Engines: 10 years front line and 5 years reserve. Fire Truck: 15 years front line and 5 years reserve. Ambulance: 3 Years front line and 2 years reserve. Exhibit 1 shows the planned life expectancies of all the Department's emergency apparatus based on that criteria. Unit 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 1""11. Eng 1 Eng 2 Eng 3 Eng 4 Quint 5 Quint 6 Eng 7 Reserve Reserve Reserve Reserve . . Truck 1 I ! : ! Reserve Med ic 2 Med ic 3 Med ic 5 Med ic 6 Medic reserve will be replaced in 6/2007 and new Reserve medic will go to 5 or 6 Front Line Life Reserve Life Exhibit 1. Planned Life Expectancies of Fire Department Emergency Apparatus (March 1, 2007) SERVICE LIFE: Service life is the amount of time a fire apparatus is capable of operating and rendering service. If sufficient maintenance commitments are met, many older pieces of equipment are very capable of rendering some level of service. Nonetheless, it seems extreme to expect first line service from aging fire reserves pressed into operation beyond their expected reserve lifetimes when first line equipment is out of service. Newer vehicles are obviously less prone to maintenance for wear and tear than vehicles that are more than 10 years old. TECHNOLOGICAL LIFE: Technological fire apparatus represents the relative productivity decline of the unit when compared to newer models on the market. A 15-year old reserve fire apparatus may only be 50 percent as productive as current models when new technology makes some operations of older engines obsolete. This is important when considering all of the changes in firefighting technology in the last 15 years. ECONOMIC LIFE: The economic life cycle is the total cost of all a fire apparatus' expenses over a given period. These include depreciation, operating costs, fuel/oil, maintenance repairs, downtime replacement, obsolescence, inventory control and operator training. All these factors come into play when determining economic lifetime. If money is not available to purchase new equipment on a regular basis, the average age of the fleet increases, as well as the cost of maintaining the fleet. In addition, 2007 EP A emission requirements have increases from $7,000 to $15,000 based on surveys from fire apparatus manufacturers. Another huge cost factor is the fluctuating commodities markets for metals, especially aluminum, stainless steel and rare metals/alloys. Aluminum jumped 65% in 2006, which dramatically increased costs for fire apparatus. MARCH 1.. 2007 STATUS OF FIRE DEPARTMENT EMERGENCY APPARATUS: As Exhibit 2 indicates, all of our front line engines, the quint at Station #5 and the ladder truck are in good to excellent condition. Unfortunately, the front line quint at Station #6 is failing fast as a front line engine due to the excessive wear and tear responding to over 1,800 annual calls for service. As shown in Exhibit 1, this apparatus should currently be in reserve status rather than front line. Our two quints are essentially fire engines with an aerial ladder or platform and extra ladders. Since the Department only has one ladder truck, the quints give us more flexibility in regards to firefighting operations. Since we use all of our apparatus for EMS calls (including the ladder truck if there are no engines available), we put many miles of wear and tear on our apparatus. However, the additional weight and size of the quints results in more wear than normal fire engines. In addition, the costs of quints are significantly higher than a normal fire engine. The concept of quint engines in the fire service is quickly losing favor because of those high costs and excessive wear on these highly versatile machines. Some fire departments that replaced their entire fleets with quints are changing back to regular engines as they replace the quints. Our updated strategic plan will recommend replacing Quint 6 with an engine but keeping Quint 5 as a quint when it's replaced. Status as of Yea.. Make Cu....ent Ma..ch 1, 200'7 Concl ition Engine 1 2006 Pierce Excellent Engine 2 1999 KME Good Engine 3 2002 KME Good Engine 4 1999 KME Good Quint 5 2000 E-1 Good Quint 6 1996 LTI Fair/poor Engine 7 2006 Pierce Excellent Reserve Engine 1993 International Fair/poor Reserve Engine 1993 International Poor/Surplus Reserve Engine 1988 Peterbi It Poor Reserve Engine 1988 Peterbi It Out of service Truck 1 2000 E-1 Excellent Reserve Medic 1 2001 Fraizer/Ford Good/fair Medic 2 2005 Fraizer/Ford Excellent Medic 3 2005 Fraizer/Ford Excellent Medic 5 2002 Fraizer/Ford Good (Going to reserve 6/07) Medic 6 2002 Fraizer/Ford Good Reserve Medic 1999 Fraizer/Ford Fair (Being replaced 6/07) Exhibit 2. Current Status of Fire Department Emergency Apparatus (March 1, 2007) In FY 2005-06, two engines were scheduled for replacement: a 1988 Peterbilt engine and a 1993 International. However, only the International was funded for replacement and ordered in May 2006. With the arrival of the two new Pierce engines in February 2007 which were ordered in the 2005-06 budget for Station #7 and the replacement for the International engine, the Department's reserve fleet will consist of one usable 1988 Peterbilt and one 1993 International as reserve engines. The replaced International will be surplused and auctioned by the City. Based on Exhibit 1, the Peterbilts are well beyond their reserve life expectancies and one is out of service and unusable for anything other than parts. The International is on the last year of reserve life status with several serious maintenance issues including a broken rear body support, which has been scheduled for repair. In addition, the 1993 International reserve is considered substandard in comparison to the rest of our fleet as far as pumping capacity and function with its 1,000 gallon per minute single stage pump. We lose Insurance Services Office (ISO) points because of those restrictions. The maintenance costs (not including fuel and oil) for the previous three budget years indicate that the Peterbilts and the International fire engines and the 1996 L TI quint have increasing maintenance costs due to their age. The quint has cost $59,300 for the previous three years; the Internationals have cost $41,437 for three years; and, the Peterbilts cost $17,618. In FY 2008-09, a Peterbilt engine and a quint (Quint 6) are funded for replacement, along with the recommendation that the other International and Peterbilt engines both be replaced. The budgeted amount for the engine is $500,000 and $800,000 for the quint, not including equipment. Based on the history of inflation and input from manufacturers, the budgeted amount for the quint will most likely fall significantly short of the actual cost of a vehicle. Exhibit 3 details the estimated costs to replace these apparatus along with the anticipated equipment costs. Current FY Estimated Estimated Estimated Unit Year Make Replacement Replacement Equipment Costs Funded Date Cost Cost FY 2008-09 Quint 6 1996 LTI 2008-09 $969,3691 $161,3851 $1,130,754 Engine 1993 International 2008-09 $492,7852 $154,3502 $647,135 Engine 1988 Peterbi It 2008-09 $492,7852 $154,3502 $647,135 Engine 1988 Peterbi It 2008-09 $492,7852 $154,3502 $647,135 1 Estimated by DFD Replacement Study at 5% annual inflation factor and manufacturer input. 2 Estimated by Fleet Services annual inflationfactor of 3.5% plus $15,000 for new 2007 diesel engine requirements. 5% inflation factor on equipment based on manufacturers' estimates. Exhibit 3. Estimated FY 2008-09 Fire Department Apparatus Replacement OPTIONS FOR COUNCIL CONSIDERATION OPTION 1: Status Quo - Maintain Existing Budget and Replacement Schedule FY 2006-07 Estimated 2008-09 Estimated Estimated Year Make Replacement Costs Replacement Costs Costs Apparatus Equipment Apparatus Equipment 1996 LTI $0 $0 $969,3691 $161,3851 $1,130,754 1993 International $0 $0 $492,7852 $154,3502 $647,135 1988 Peterbi It $0 $0 $492,7852 $154,3502 $647,135 1988 Peterbi It $0 $0 $492,7852 $154,3502 $647,135 TOTALS $0 $0 $2,447,724 $624,435 $3,072,159 1 Estimated by DFD Replacement Study and manufacturer input. 2 Estimated by Fleet Services annual inflation factor of 3.5% plus $15,000 for new 2007 diesel engine EP A requirements plus HGAC fee and inspection trips. 5% inflationfactor on equipment based on manufacturers' estimates. Exhibit 4. Status Quo Fire Department Apparatus Replacement OPTION 2: Replace 1 Peterbilt Engine, International Engine and Quint in FY 2006- 07. Remove 1 Peterbilt Engine From Fire Department Fleet This option results in getting rid of the Peterbilt and International fire engines to auction leaving two 1999 KME engines and a Quint as reserves, with the Quint serving as a reserve ladder truck or engine. Due to the condition and number of reserves, this option would recommend that the Peterbilt, which was involved in an accident in 2006, be removed from the fleet and not replaced. FY 2006-07 Estimated FY 2008-09 Estimated Estimated Year Make Replacement Costs Replacement Costs Costs Apparatus1 Equipment Apparatus Equipment 1996 LTI $439,553 $140,000 $0 $0 $579,553 1993 International $439,553 $140,000 $0 $0 $579,553 1988 Peterbi It $439,553 $140,000 $0 $0 $579,553 1988 Peterbi It $0 $0 $0 $0 $0 TOTALS $1,318,660 $420,000 $0 $0 $1,738,569 1 Bid by Martin Apparatus, Inc. Exhibit 5. Replace 1 Peterbilt Engine, International Engine and Quint in FY 2006-07. Remove 1 Peterbilt Engine From Fire Department Fleet STAFF RECOMMENDATION Staff recommends Option #2 due to the following advantages. 1. Reduces costs by approximately $1,333,590 from the Status Quo option. 2. Brings the Fire Department fleet replacement schedule for fire apparatus up to date according to the strategic plan. 3. New vehicles enhance a fleet of older apparatus requiring constant maintenance due to increased use. 4. Saves costs by reducing repair expenditures on existing aging apparatus, which will be surplused and auctioned off. 5. The additional three Pierce fire engines provide a fleet of five fire engines exactly the same reducing maintenance costs for parts and equipment. 6. Extends the life cycle expectancies of the two 1999 KME's by two years due to early reserve status. 7. Extends the life cycle expectancy of the quint two more years as a reserve. The reserve ladder truck capability will significantly increase our ISO points. 8. Exhibit 6 illustrates the increased readiness of the Fire Department's fleet if Option #2 is approved by the City Council. Unit 1988 1990 1992 1994 1996 Eng 1 Reserve Eng 3 Reserve Quint 5 Quint Reserve Eng 6 Eng 7 Eng 2 Eng 4 Front Line Life Reserve Life Exhibit 6. Life Expectancies Based on Recommended Option #2 (November 2007) FISCAL INFORMATION Funding for a replacement quint and engine are programmed in the current 2008-09 CIP in the total amount of $1.3 million (this amount was an estimate from 2004 and is no longer considered sufficient). To accomplish staffs recommendation, the funding schedule will be accelerated and require the issuance of $1.75 million in bonds to be sold this spring to fund the new engines and related equipment. Respectfully Submitted: A ~E~ -. ~- Ross Chadwick Fire Chief Attachment 2 CONTRACT PRICING WORKSHEET Contract No~: FS12-05 Date: 2/14/2007 Agency~ ~Denton Fire Department Contractor: ~ Martin Apparatus, Ine Prepared: ~Travis Burrage Phone: ~ 281-442-6806 Fax: ~281-442-0850 Email: ~tburraae@martinapperatus.com Contact: Phone: Fax~ Email: Descriptio n Cost Description Cost Subtotal From Additional Sheet( s): Descriptio n Cost Subtotal From Additional Sheet(s): $ Su btotal C: $ Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). 53,712.00 53,712.00 Description Credit for Multi-Trucks Cost -3000 Description Cost Description Trips Cost $ 6,200..00 Description Cost Subtotal of column ~ $ 6,200.00 ".::~~~~~ri!f~~ffi ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF THREE 500-GALLON PUMPER TRUCKS FOR THE CITY OF DENTON FIRE DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3740-INTERLOCAL AGREEMENT FOR PURCHASE OF THREE FIRE TRUCKS WITH H-GAC AWARDED TO MARTIN APPARATUS, INC. IN THE AMOUNT OF $1,318,660). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3740 Martin Apparatus, Inc. $1,318,660 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-File 3740 ~ AGENDA INFORMATION SHEET AGENDA DATE: February 20,2007 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to Boards, Commissions and Committees. BACKGROUND Mary Tisher has resigned from the Human Services Advisory Committee. This is a nomination for Mayor Pro Tem 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. Joe Roy's term on the Denton County Transportation Authority expires on November 12, 2007. In order to provide a smooth transition to a new member, Mayor McNeill has suggested the appointment of an alternate citizen position. This is a nomination available for the entire Council. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S : \Agenda Items\Board-Commission vacancies.doc