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Home My WebLink AboutAugust 7, 2007 Agenda AGENDA CITY OF DENTON CITY COUNCIL August 7, 2007 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, August 7, 2007 at 4:30 p.m.in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.Requests for clarification of agenda items listed on the agenda for August 7, 2007. 2.Receive a report, hold a discussion and give staff direction regarding the City’s recycling programs. 3.Receive a report, hold a discussion, and give staff direction regarding the 2007-08 Budget and the Capital Improvement Program. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1.Closed Meeting: A. DELIBERATIONS REGARDING REAL PROPERTY – Under Texas Government Code §551.072. 1.Discuss, deliberate, consider, receive information from Staff, and provide Staff with direction, pertaining to the proposed Real Estate Contract by and between the City, as Purchaser and Eagle Farms, Inc and John Porter Auto Sales, Inc., as Sellers regarding the proposed purchase of, valuation issues, and other issues respecting the possible acquisition of a 1.069 acre tract of land in the F.P. Johnson, C.R. Green, J.F. Myers and H.F. Brummett Survey, Abstract No. 1699, in the City of Denton, Denton County, Texas, for a public purpose. B. DELIBERATIONS REGARDING REAL PROPERTY – Under Texas Government Code §551.072 and; CONSULTATION WITH THE CITY’S ATTORNEYS – Under Texas Government Code §551.071. 1. Discuss, deliberate, consider, receive information from Staff, and provide Staff with direction pertaining the possible terms of sale of and valuation issues respecting the possible acquisition of an approximate 2.834 acre tract of real property for street right-of-way and the possible acquisition of an approximate 0.393 temporary construction, grading and access easement, all for a public purpose; which real property lies within the Mary Austin Survey, Abstract No. 4, City of Denton, Denton County, Texas, and is located north of intersection of Brinker Road and Spencer Road. (Brinker Road Extension Project) City of Denton City Council Agenda August 7, 2007 Page 2 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, August 7, 2007 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one and indivisible.” 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 1.Presentation of the GFOA – Distinguished Budget Award 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 – H). 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 – H below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. A.Consider adoption of an ordinance authorizing the City Manager to accept an interlocal agreement with the City of Corinth, 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 Corinth contracts for the purchase of goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3839–Interlocal Agreement with Corinth, Texas). City of Denton City Council Agenda August 7, 2007 Page 4 H.Consider approval of the minutes of: July 17, 2007 July 24, 2007 July 25, 2007 4.PUBLIC HEARINGS A.Hold the first of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 129.6 acres of land and adjacent street right-of- way for Loop 288 containing approximately 9.1 acres generally located west of Interstate 35 North at the proposed extension of Loop 288 in the northwestern portion of Denton's Extraterritorial Jurisdiction (ETJ). (A07-0001, Westview Commercial) B.Hold a public hearing and consider adoption of an ordinance rezoning approximately 16.42 acres from a Neighborhood Residential 6 (NR-6) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the southwest corner of Hickory Creek Road and Teasley Lane.(Z07-0009, Salvo Center) The Planning and Zoning Commission recommends approval (6-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.Consider adoption of an ordinance of the City of Denton, Texas, authorizing an agreement between the City of Denton, Texas, and Denton Animal Shelter Foundation, Inc. for the purpose of providing for the funding, design, and construction of a City of Denton Animal Shelter; providing for the expenditure of funds therefor; and providing for an effective date. B.Consider nominations/appointments to City boards and commissions. C.Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: A.Robert Donnelly regarding city issues. B.Andrea Hawk regarding update on Craig Lane. C.Billy Braswell regarding violation of code enforcement ordinance. D.New Business and Announcements This item provides a section for Council Members to suggest items for future agendas, request information from the City Manager, and/or make announcements of public interest. E.City Manager’s Report F.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. AGENDA INFORMATION SHEET AGENDA DATE: August 7, 2007 DEPARTMENT: Solid Waste ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Provide a report, have a discussion and provide staff direction on current and future FY2008 recycling programs. BACKGROUND Denton Recycling Program History: 1991- Texas Legislature establishes a state wide 40% recycling goal. Legislature mandates local and state governmental entities to establish recycling programs within in their organizations. 1993- Denton City Council establishes a Citizen’s Committee to develop a local solid waste master plan. 1990’s- Denton establishes recycling and used oil drop-off sites. 2000-2001- Denton City Council established a Citizens Ad Hoc Committee on Recycling to seek public input on the implementation of a residential curbside collection program. 2002- Denton City Council awards contract for residential curbside recycling services to Trinity Waste Disposal. 2003- In response to local demand for more recycling opportunities, the Recycling Division offers dumpster-based recycling services for commercial, institutional and governmental customers. 2006- Home Chemical Collection program established to fulfill need for safe disposal of household hazardous waste. CURRENT PROGRAMS The City has developed recycling programs to support both the residential and commercial solid waste customer. Our program recycles paper fiber products (such as newspaper, cardboard, office paper and box board); plastic bottles such as milk jugs (HDPE), water, juice and soda bottles (PETE); glass bottles and jars; aluminum and steel cans; appliances and metals; and electronics. In order to support, sustain and grow the community’s recycling efforts, the City has implemented on-going public education and awareness activities. 1.Residential Curbside Collection – The City of Denton contracts with Allied Waste (formerly Trinity Waste Services), to provide residential curbside recyclables collection, and processing to approximately 26,000 accounts. 2.Commercial Recycling Services – Denton’s Solid Waste Department services approximately 2500 commercial accounts and provides recycling services to some of those local businesses, local government facilities and operates the City’s Recycling Drop-Off Centers. Commercial Recycling- We currently provide recycling services to approximately 125 accounts total. We are currently able to offer service for most sorted commodities, and for single-stream collection in dumpsters. This program includes commercial business, schools and governments entities, and can accommodate on-site recycling to multi-family complexes where there may be an interest. Recycling Drop-Off Centers - The City has six locations around the community supporting local businesses, multi-family residents and providing a location for home owners to deposit oversized recyclables that won’t fit into their recycling carts. City of Denton Employee Recycling – In compliance with the Texas Legislature’s mandate that local governments would develop their own internal recycling program, the Solid Waste Department provides recycling collection services to approximately 30 city-owned buildings and facilities, serving 1000 city employees, through its commercial recycling division. Sustainable School Program - We currently have 23 local public and private schools in a comprehensive public education program. Denton ISD is working with the Recycling Division to bring the remainder of the public schools onto the program. Special Events Recycling – The Commercial Recycling Division is prepared to provide the organizers and operators of special events in the community with recycling support to maximize the diversion of recyclables from special events to a recycling facility rather than a landfill. 3.Home Chemical Collection Service- This program provides for the collection of household hazardous waste to multi-family residents at their front door and to single- family residents at their curbside. This program offers usable home chemicals to residents and ships the rest to special processing or treatment facilities that ensure protection of the environment. Commercial Recycling Issues Commercial recycling is an open market in Denton, and there are at least ten recycling companies that we know of currently servicing accounts in our city. These tend to be very large accounts with businesses that produce adequate amounts of recyclables (usually paper or cardboard) to sell out-right, or have a collection fee and rebate arrangement. These have their own cardboard baler and/or compactor on premises. Our program tends to fill a market niche that the private sector does not fill. Our current clients tend to be medium sized businesses that produce at least an 8-yard container twice per month. We also are able to service schools, and interested multi-family complexes with single-stream collection. With the addition of very small business recycling to the new curbside contract, and the availability of the Drop-off Centers, Denton businesses have the most access to recycling of any city in the Metroplex, and most other cities in general. One of the major obstacles to commercial recycling, especially retail and multi-family, is dumpster revetment/enclosure/pad space. The best way to improve commercial recycling efforts in the future is to ensure that commercial/retail developments incorporate sufficient space for recycling receptacles in the planning process. The Solid Waste Department offers this assistance during the planning process, and has just recently assisted with a successful design for the new Fry Street development that will ensure space for the proper levels of both trash and recycling services in this popular area. Residential Curbside Recycling Contract The City of Denton awarded a curbside recycling contract to Trinity Waste Services in April 2002, and residential curbside recycling services began in November. The existing curbside recycling contract is for five years, and ends the last week of October 2007. Trinity Waste Services is now Allied Waste, and will be referred to as such throughout the remainder of this document. During the initial curbside recycling bidding process, which occurred in fiscal years 2001 and 2002, bids were received three separate times prior to the city’s actual award of the bid. A rebid was requested once at the request of the Council and once at the request of the city attorney. As a result, due to the number of bidding processes which occurred (three), and the highly competitive nature among the bidders which existed at the time, Denton was able to secure an extremely competitive five year contract at a flat rate for five years, $1.47 per residence per month, with no price escalation for fuel cost or collection and processing costs. During the Public Utilities Board (PUB) meeting of April 23, 2007 the PUB discussed the Allied contract renewal and provided guidance to staff on several issues. Final negotiations resulted in the City of Denton distributing a Request for Proposal (RFP) in order to obtain: a curbside recycling service provider, a cart maintenance provider, a proposal for operating the six recycling drop-off centers, and to solicit proposals for the development of a regional single- stream recyclables processing facility (MRF). An evaluation committee reviewed and ranked the proposals submitted and are negotiating with the top ranked vendors. FISCAL INFORMATION The table provided below is a summary of the FY2008 Recycling Division budget by major area. Recycling Gross Budget Allocation Residential Recycling Total Single-family Multi-family Collection Services $2,328,019 $1,381,274 $322,285 $624,460 Exhibit I provides comparisons of vendors’ proposals for residential curbside collection; operation of the six Drop-off Centers; and the development of a single-stream Materials Recovery Facility (MRF). OPTIONS The results of RFP negotiations and city staff recommendations will go to the Public Utility th Board (PUB) on August 13 for direction and action. The fiscal information provided herein may change based on direction from the PUB. EXHIBITS 1.Summary of recycling proposal. Respectfully submitted: A. Vance Kemler Director of Solid Waste Û¨¸·¾·¬ ï Summary of Curbside Recycling Proposals Allied Waste IESI CWD Í·¨¬¸´¿®¹»¬ÍÉ ½±³°¿²§·²Ò±®¬¸Û¬¿¾´·¸»¼·²ïçèìò Ý·¬§±ºÜ»²¬±²½«®®»²¬ß³»®·½¿òÍ»®ª·²¹±ª»®Ô¿®¹»¬·²¼»°»²¼»²¬´§ ½«®¾·¼»®»½§½´·²¹»ª·½»îêð³«²·½·°¿´·¬·»©·¬¸±©²»¼±´·¼©¿¬»ñ °®±ª·¼»®òÍ»½±²¼´¿®¹»¬®»º«»ñ®»½§½´·²¹®»½§½´·²¹½±³°¿²§·²¬¸» ÍÉ½±³°¿²§·²ËòÍò»®ª·½»òÜÚÉ¿®»¿ò Experience Ó½Õ·²²»§ôÐ®±°»®ôß´´»²ôÛ«´»ôÚ®·½±ô Ý¿®®±´´¬±²ôØ«®¬ô Ù®¿°»ª·²»ôÞ»¼º±®¼ôÎ±©´»¬¬ôÝ®±®±¿¼ôÚ¿®³»®ª·´´»ôÔ·¬¬´»Û´³ô Ì®±°¸§Ý´«¾ôÑ¬¸»®Ø¿´¬±³Ý·¬§ôÑ¬¸»®Ñ¬¸»® References îì¿«¬±³¿¬»¼·¼» ´±¿¼¬®«½µô±²»³¿²°»®ì¿«¬±³¿¬»¼·¼»´±¿¼í¿«¬±³¿¬»¼·¼»´±¿¼ ¬®«½µô±²®»º«»¬®«½µô±²»ïð§¼ò¬®«½µô¬©±®»¿®´±¿¼ ½±´´»½¬·±²¼¿§òéæððßÓ®»¿®´±¿¼¬®«½µô±²®»º«»¬®«½µô±²®»º«» êæððÐÓòÑ¬¸»®»¯«·°ò¿½±´´»½¬·±²¼¿§òéæððßÓ½±´´»½¬·±²¼¿§òéæððßÓ ¼»»³»¼¿°°®±°®·¿¬»ò¬¿®¬ò¬¿®¬ò Business Plan ÝÍ½»²¬»®·²Ü¿´´¿ò ÝÍ½»²¬»®·²Ú¬òÉ±®¬¸ôÝÍ½»²¬»®·²Ó½Õ·²²»§ôëÓÚôéæíðëæíðò ïî°»®±²²»´òÓÚô°»®±²²»´ôÓÚôÓ·»¼É»»µ»²¼ú»ª»²·²¹ éæððêæððôÍ¿¬òèæðð°¿»¼±«¬»¿½¸ª±·½»³¿·´òÍ»®ª·½»©·¬¸·² ïîæððòÎ¿¼·±ô®»°±®¬ò³±®²·²¹òÎ¿¼·±ô®»°±®¬òîì¸®òÎ¿¼·±ô®»°±®¬ò Customer Service üîòîé¾»¹·²Ò±ªòîððéò üîòêð©¸»²¸¿«´»¼¬± Ü»²¬±²ÓÎÚòØ·¹¸»®üíòïð¾»¹·²Ò±ªòîððéòüîòçëø±³»°®±½»·²¹ ®¿¬»·ºÜ»²¬±²¼»·®»üîòìð©¸»²¸¿«´»¼¬±½®»¼·¬÷¾»¹·²Ò±ªòîððéò º±«®²»©¬®«½µòÜ·»»´Ü»²¬±²ÓÎÚòÜ·»»´º«»´Ó«¬²»¹±¬·¿¬»º«»´¿²¼ º«»´¿²¼ÝÐ×»½¿´¿¬±®ò¿²¼ÝÐ×»½¿´¿¬±®ò½±´´»½¬·±²»½¿´¿¬±®ò Rates / Charges üüîòîîüîòððüîòçë ßã½±´´»½¬·±²©ñ±º«»´ ðòíèðòìððòðð Þã½±´´»½¬·±²º«»´ ðòðèðòëèðòðð Ýã¬®¿²°±®¬©ñ±º«»´ ðòðìðòïîðòðð Üã¬®¿²°±®¬º«»´ øðòìë÷ðòððÒ±¬¿¬¿¬»¼ª¿´«»ñ³ Ûã°®±½»·²¹ ðòðððòðððòðð Úã¾·´´·²¹ üîòîéüíòïðüîòçë Ùã¬±¬¿´ Summary of Drop-Off Site Proposal City of Denton CWD Í»®ª·½»°®±ª·¼»®º±®Ò±²»¬¿¬»¼º±®¬¸· Ü»²¬±²ù¼®±°±ºº·¬»ò»®ª·½» Experience Ü»²¬±²Ý·¬·¦»²ôÐ·¹¹´§ É·¹¹´§Í¸»®³¿²Ü®òô Ý«°¾±¿®¼Ò¿¬«®¿´Ú±±¼ôÒ±®»º»®»²½»º±®¬¸· Ð¿®µúÎ»½Ü»°¬ò»®ª·½»ò References Ð®±°±»¼íð ½±²¬¿·²»®©±«´¼ ²»»¼çè±º°®±°±»¼ê êí½±²¬¿·²»®øëèè½§½§®»¿®´±¿¼ ¬±®¿¹»÷òÍ»®ª·½»¿´´·¬»½±²¬¿·²»®ô»®ª·½»¼«° ¿³·²·³«³±ºº±«®¬·³»¬±º±«®¬·³»°»® °»®©»»µòÓ¿¬»®·¿´©»»µòß´´³¿¬»®·¿´ »°¿®¿¬·±²òÐ®±ª·¼»·¬»½±³·²¹´»¼òÒ±·¬» ³¿·²¬»²¿²½»ò³¿·²¬»²¿²½»ò Business Plan Ý«¬±³»®Í»®ª·½» Ý«¬±³»®Í»®ª·½»Ü»°¿®¬³»²¬´±½¿¬»¼·² Ü»°¿®¬³»²¬´±½¿¬»¼·²Ü¿´´¿òÑ°»²º·ª»¼¿§ Ü»²¬±²òÑ°»²º·ª»¼¿§ññ©»»µô¾«·²» ©»»µô¾«·²»¸±«®ò¸±«®ò Customer Service üøïìïôçëîòðð÷üøíêíôéððòðð÷ Rates / Charge/Expense üìêôîçéòððüêôðððòðð Revenue -Commodities üøçëôêëëòðð÷üøíëéôéððòðð÷ Net Value - Annual Summary of Materials Recovery Facility (MRF) Proposal Pratt Industries Ñ©²¿²¼±°»®¿¬»±ª»®ëð½±®®«¹¿¬»¼¾±¨°´¿²¬ò Í»ª»²¬¸´¿®¹»¬½±®®«¹¿¬»¼°¿½µ¿¹·²¹½±³°¿²§·²ËòÍòô ±°»®¿¬·²¹·²±ª»®ïî¬¿¬»òÑ°»®¿¬»ÓÎÚù·²Ò»©Ç±®µ ¿²¼Ù»±®¹·¿ô¿²¼ïð·²ß«¬®¿´·¿òÎ»½§½´»±ª»®êëðôððð ¬±²ñ§»¿®åüêðôðððôððð±º¿²²«¿´¾«·²»òÍ»´´·²¹ ëðôðððõ¬±²®»½§½´¿¾´»°»®³±²¬¸·²ß·¿ò Experience É»®»°®±ª·¼»¼òÒ»©Ç±®µôÙ»±®¹·¿ôß«¬®¿´·¿ò References Ð®¿¬¬°®±°±»¾»½±³·²¹Ü»²¬±²ù»¨½´«·ª»®»½§½´·²¹ °®±½»±®òÌ¸»§©·´´¼»·¹²ô½±²¬®«½¬ô¿²¼±°»®¿¬»¿ ·²¹´»¬®»¿³ÓÎÚ´±½¿¬»¼±²½·¬§´¿²¼º·´´°®±°»®¬§ò Ð®±½»¿´´Ü»²¬±²ù®»·¼»²¬·¿´ô½±³³»®½·¿´ô¿²¼ ·²¼«¬®·¿´®»½§½´¿¾´»òÜ»²¬±²®»½»·ª»³¿¬»®·¿´ ®»ª»²«»º±®¿´´¬±²°®±½»»¼¬¸®±«¹¸¬¸»º¿½·´·¬§ô ·²½´«¼·²¹²±²Ý·¬§±ºÜ»²¬±²¬±²òÝ±²¬®«½¬·±²·² »¨½»±ºüìôðððôðððòÐ®±°±»¼½±²¬®¿½¬¬»®³·ë§»¿® ©·¬¸¬¸®»»ë§»¿®»¨¬»²·±²ò Business Plan Ð®±ª·¼»¼¿Ý«¬±³»®Í»®ª·½»Ð´¿²òÚ¿½·´·¬§·¬¿ºº»¼©·¬¸ ¿Ý«¬±³»®Í»®ª·½»Î»°®»»²¬¿¬·ª»òÉ·´´°®±ª·¼»°«¾´·½ ¬±«®¿²¼·²º±®³¿¬·±²ô¿²¼±³»°«¾´·½»¼«½¿¬·±² º«²¼·²¹º±®®»½§½´·²¹¬±¬¸»Ý·¬§±ºÜ»²¬±²ò Customer Service Ì·»®»¼®¿¬»ø®»ª»²«»÷¬±¬¸»Ý·¬§±ºÜ»²¬±²¾¿»¼±² ¬¸»¹®±©¬¸±º¬±²°®±½»»¼òÔ±©»¬®¿¬»»¯«¿´üëòðð ñ°®±½»»¼¬±²¬±Ý·¬§òÐ®¿¬¬°¿§¿´´«¬·´·¬·»ô´¿¾±®ô ³¿·²¬»²¿²½»ô»¬½òÝ±³³»®½·¿´®»½§½´¿¾´»©·´´¹»²»®¿¬» °¿§³»²¬¬±¬¸»½·¬§¾¿»¼±²¿°»®½»²¬¿¹»±º½«®®»²¬ ³¿®µ»¬®¿¬»øêðûéëû÷òÐ®¿¬¬¸¿°®±°±»¼¬¸¿¬¬¸»§ °¿§²±°®±°»®¬§¬¿¨»ò Rates / Charges AGENDA INFORMATION SHEET AGENDA DATE: August 7, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 2007-08Budget and the Capital Improvement Program. BACKGROUND The 2007-08Proposed Budget was submitted to the CityCouncil on July 31, 2007, and a workshop to present the preliminary details of the budget was conducted on July 25, 2007. This agenda item is being scheduled to allow Councilmembersto ask any follow-up questions regarding the proposed budget. The following describes the schedule to adopt the budget and tax rate. August 21Vote to Consider a Proposal for a Tax Increase prior to publishing Notice of Hearing Vote on Notice of Intent to Issue Drainage Bonds September 11Public Hearings on Budget andTax Rate (1st Hearing) September 18Second Public Hearing on Tax Rate September 25City Council Adopts Budgets and Tax Rate October 2Approve Drainage Bond Sale Respectfully submitted: Jon Fortune Assistant City Manager AGENDA INFORMATION SHEET AGENDA DATE: August 7, 2007 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7100 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance authorizing the City Manager to accept an Interlocal Agreement with the City of Corinth, 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 Corinth contracts for the purchase of goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3839- Interlocal Agreement with Corinth, 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 Corinth 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 Corinth. 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 Corinth. PRINCIPAL PLACE OF BUSINESS City of Corinth Corinth, 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 August 7, 2007 Page 2 FISCAL INFORMATION Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3839 ORDINANCE NO. ___________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH THE CITY OF CORINTH, 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 CORINTH CONTRACTS FOR THE PURCHASE OF GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 3839- INTERLOCAL AGREEMENT WITH CORINTH, 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 Corinth under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by 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-ORD-File 3839 AGENDA INFORMATION SHEET AGENDA DATE: August 7, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler 349-8044 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of Cells 3A and 3B at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (Bid 3809-Landfill Cell 3A/3B awarded to L.D. Kemp Excavating, Inc. in the amount of $3,533,741. (The Public Utility Board approved this item by a vote of 5-0). BID INFORMATION The Solid Wast excavation and construction of Phase III, Cell 3A and B, improvements to the landfill south detention pond, construction and installation of the scale system, completion of construction of the landfill entrance road and scale area. In May 2007, the Public Utilities Board (PUB) recommended the engineering firm of Chiang, Patel, & Yerby, Inc. (CP&Y) to prepare the engineering design and construction specifications for: 1) the Phase III Cell 3A and B construction specifications 2) south pond construction specifications 3) the landfill roadway 4) the landfill scale system and 5) building foundation design. These engineering documents were incorporated into Bid No. 3809, for the construction and completion of the capital projects at the Prior to the completion of the engineering design and the preparation of the Phase III landfill construction documents by Chiang, Patel, & Yerby, Inc. (CP&Y), the Solid Waste Department sought approval from the Texas Commission of Environmental Quality (TCEQ) for a landfill permit modification to modify the excavation grades for Phases III VI of the landfill. The TCEQ approved the permit modification for deeper excavation in April 2007. Approval of the landfill permit modification for deeper construction requires drainage design modifications to the south pond in order for Phase III and future landfill phases to properly drain. The permit approval provided the landfill with an additional 600,000 cubic yards of airspace for municipal solid waste storage below the originally permitted excavation elevations. The landfill scale system construction and installation will provide the landfill with a mechanical scale system with an asset life of twenty years or longer. The scale system will improve operational efficiencies which should result in shorter customer lines which will become more important coming into the landfill continues to grow. Agenda Information Sheet August 7, 2007 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its July 23, 2007, meeting. RECOMMENDATION Award to L.D. Kemp Excavating, Inc. in the amount of $3,533,741. PRINCIPAL PLACE OF BUSINESS L.D. Kemp Excavating, Inc. Ft. Worth, TX ESTIMATED SCHEDULE OF PROJECT Substantial completion of this project is estimated to be February 9, 2008. The final completion date is estimated to be March 30, 2008. FISCAL INFORMATION Cell 3A and B excavation and construction, south pond improvements, scale system construction and installation, roadway construction, and building construction are funded through CIP bonds. The amount to be funded from each bond project number is listed below. Cell Construction 660043589.1360.40100 $1,041,138 South Pond Improvements, Scale System and Roadway Construction 660043590.1360.40100 $ 889,746 660023589.1360.40100 $ 741,531 660509589.1360.40100 $ 48,962 660509590.1360.40100 $ 47,038 660512589.1360.40100 $ 126,000 660516590.1360.40100 $ 201,108 660515590.1360.40100 $ 308,218 660518590.1360.40100 $ 65,000 660510590.1360.40100 $ 65,000 $3,533,741 Agenda Information Sheet August 7, 2007 Page 3 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation 1-AIS-Bid 3809 Þ·¼ ýíèðç Attachment 1 Ü¿¬»æ Ö«´§ ïîô îððé ÔßÒÜÚ×ÔÔ ÝÛÔÔ íßñíÞ ÝÑÒÍÌÎËÝÌ×ÑÒ Ü»½®·°¬·±²Ê»²¼±®Ê»²¼±®Ê»²¼±®Ê»²¼±® Û¿®¬¸ Þ«·´¼»®ô Î±¼³¿² ÔÜ Õ»³° Ý É¿¬¬ Í±² ÔÐÛ¨½¿ª¿¬·±² ×²½Û¨½¿ª¿¬·²¹ ×²½Ý±²¬ Ý± ×²½ Ü»½¿¬«®ô ÌÈÚ®·½±ô ÌÈÚ¬ É±®¬¸ô ÌÈÜ»²¬±²ô ÌÈ Ð´¿½» ±º Þ«·²»æ Ì±¬¿´ Þ¿» Þ·¼ üëôìèðôéîëòððüíôèçéôðððòððüíôëííôéìïòððüëôëëíôèéëòðð Þ·¼ Þ±²¼§»§»§»§» ß¼¼»²¼«³ ýï§»§»§»§» ß¼¼»²¼«³ ýî§»§»§»§» ß¼¼»²¼«³ ýí§»§»§»§» ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF CELLS 3A AND 3B AT THE CITY OF DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3809-LANDFILL CELL 3A/3B AWARDED TO L.D. KEMP EXCAVATING, INC. IN THE AMOUNT OF $3,533,741. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3809 L.D. Kemp Excavating, Inc. $3,533,741 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 3809 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 23, 2007 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, July 7 23, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901- 8 A Texas Street, Denton, Texas. 9 Present 10 : Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Bob Bland and 11 Randy Robinson 12 Absent 13 : John Baines, excused 14 15 Ex Officio Members: 16 Howard Martin, ACM Utilities 17 Absent 18 : George Campbell, City Manager, excused 19 20 OPEN MEETING: 21 22 CONSENT AGENDA: 23 24 25 has had an opportunity to raise questions regarding these items prior to consideration. 26 Board Member Dick Smith pulled Item 4 for individual consideration. 27 28 29 1) Consider recommending approval of Bid No. 3802 for athree-year contract for dumpster 30 rental, hauling and disposal of municipal grit and Bar Screen waste from Pecan Creek Water 31 Reclamation Plant, and transporting pressed sludge from Robson Ranch Water Reclamation 32 Plant to Pecan Creek plant to the low bidder, Allied Waste in the amount of $113,737. 33 34 2) Consider recommending adoption of an ordinance accepting competitive bids and awarding a 35 contract for the long-term rental of heavy equipment for the City of Denton; providing for the 36 expenditure of funds (Bid 3763A - Annual Contract For Long-Term Rental of Heavy 37 Equipment) awarded to the lowest responsible bidder for each item as listed in Exhibit I, for 38 an estimated total annual amount of $90,000 for the Solid Waste Department. 39 Board Member Bob Bland moved to approve Items 1 and 2 with a second from Board 40 Member Bill Cheek. The motion was approved by a 6-0 vote. 41 42 ITEMS FOR INDIVIDUAL CONSIDERATION 43 : 44 45 8) Consider recommending approval of Bid No. 3809, submitted by L.D. Kemp Excavating, 46 Inc., for the excavation and construction of Cell 3A and 3B in Phase III of the City of Denton 47 Landfill, for excavation 48 construction of the landfill scale area and installation of the scale system, for asphalt paving 49 of the final phase of the landfill roadway and scale area, and for building construction in the 50 amount of $3,533,741. Public Utilities Board Agenda July 23, 2007 2 of 2 1 Board Member Cheek was recused from the meeting due to the possibility that a conflict of 2 interest could exist. 3 4 Vance Kemler, Director of Solid Waste, presented this item stating that the construction project 5 for Cell 3 had been bid and, although there had been a large turnout for the pre-bid meetings, 6 only four bids were received which were grouped according to fairly low to very high. Staff 7 analysis determined that the low bidder, L.D. Kemp, had a home court advantage as it had 8 completed the last Cell construction project. Kemler stated that the project involved a moderate 9 amount of excavation and Kemp, knowing the soil conditions, bid substantially lower on the 10 excavation price. 11 12 The next lowest bid was from Rodman Construction, which was the only company to come on 13 site, bring heavy equipment, and conduct a test pole excavation to determine what the soil looked 14 like. Everyone had been provided geotechnical data on the site, but with a really big project, one 15 really would like to test hole had some compressed 16 sandstone that worried them a little bit and, being unsure of how to handle it, bid the excavation 17 higher, otherwise they would have been neck and neck with Kemp. The other two bidders only 18 looked at the data and bid at about $1 million. 19 20 Board Member Gallivan asked if this was the last cell to be constructed. Kemler replied a total 21 of four would be constructed and this area should last about seven years. 22 23 Assistant City Manager Howard Martin stated that Kemler was able to work through permitting 24 approval for deeper excavation which gives more volume and is a key issue for longer life on the 25 landfill site. Staff anticipates making this a bioreactor type of operation versus a traditional 26 landfill and completion of Cell 3 is very important to that process. 27 Board Member Bland moved to approve with a second from Board Member Smith. The 28 motion was approved by a 5-0 vote. 29 30 31 The meeting was adjourned by consensus at 10:39 a.m. 32 AGENDA INFORMATION SHEET AGENDA DATE: August 7, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133. ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the long-term rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3763A-Annual Contract for the Long-Term Rental of Heavy Equipment awarded to the lowest responsible bidder for each item in the estimated annual amount of $200,000). (The Public Utility Board approved this item by a vote of 6-0). BID INFORMATION This bid is for the annual contract for long-term rental of heavy equipment for all City departments. From time to time the City of Denton has a need to rent heavy equipment to supplement the existing heavy equipment owned by the various City departments. The bid process allows the City to achieve more competitive rental pricing than just for incidental usage, or spot usage. Rental of equipment may be required to perform drainage channel maintenance and repair, street maintenance and repair, landfill operations, landfill cell excavation, and/or various City capital construction projects, and/or emergencies. Rental allows each department to and provides for the funding of equipment not required on a full time basis. Under the terms of this bid, the City is not committing to the rental of any or all of the equipment awarded, but any equipment rented will be for a minimum of seven months. Rentals to each of the awarded companies will require individual purchase orders from each City department. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its July 23, 2007, meeting. RECOMMENDATION Award to the lowest responsible bidder for each item as listed below: Vendor Item Number TKO Equipment Company 1, 2, 5, 19, 21, 23, 24, 25, 28, 30, 34, 37 Agenda Information Sheet August 7, 2007 Page 2 RECOMMENDATION (CONTINUED) Vendor Item Number Equipment Support Services 10, 11, 12, 13, 14, 15, 17, 18, 31, 32 Bane Machinery 7, 8, 16, 39, 40 B&R Equipment Company 4, 22 Holt Cat 6, 25, 26, 29, 38 United Rentals 3, 27, 33 Hertz Equipment 9, 35, 36 Four Seasons Equipment 20 The lower price offered by Equipment Support Services for Item 5 was for an open rop machine with no cab; therefore it did not meet specification. PRINCIPAL PLACE OF BUSINESS Bane Machinery B&R Equipment Company Four Seasons Equipment Fort Worth, TX Keller, TX Dallas, TX Equipment Support Services Hertz Equipment Holt Cat Euless, TX Frisco, TX Lewisville, TX TKO Equipment Company United Rentals Irving, TX Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This is an annual contract which may be extended for additional one year periods with all prices, terms, and conditions remaining the same. FISCAL INFORMATION The using departments will fund the expenses associated with the rental of each piece of equipment on an as needed basis. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE LONG-TERM RENTAL OF HEAVY EQUIPMENT FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3763A-ANNUAL CONTRACT FOR THE LONG- TERM RENTAL OF HEAVY EQUIPMENT AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE ESTIMATED ANNUAL AMOUNT OF $200,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: Bid Number Vendor Item Number 3763A TKO Equipment Company 1, 2, 5, 19, 21, 23, 24, 25, 28, 30, 34, 37 3763A Equipment Support Services 10, 11, 12, 13, 14, 15, 17, 18, 31, 32 3763A Bane Machinery 7, 8, 16, 39, 40 3763A B&R Equipment Company 4, 22 3763A Holt Cat 6, 25, 26, 29, 38 3763A United Rentals 3, 27, 33 3763A Hertz Equipment 9, 35, 36 3763A Four Seasons Equipment 20 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. City Council finds the bid submitted by Equipment Support Services for Item 5 did not meet specifications and is therefore rejected. 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: _________________________________ 3-ORD-Bid 3673A 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 23, 2007 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, July 7 23, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901- 8 A Texas Street, Denton, Texas. 9 Present 10 : Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Bob Bland and 11 Randy Robinson 12 Absent 13 : John Baines, excused 14 15 Ex Officio Members: 16 Howard Martin, ACM Utilities 17 Absent 18 : George Campbell, City Manager, excused 19 20 OPEN MEETING: 21 22 CONSENT AGENDA: 23 24 25 has had an opportunity to raise questions regarding these items prior to consideration. 26 Board Member Dick Smith pulled Item 4 for individual consideration. 27 28 29 1) Consider recommending approval of Bid No. 3802 for athree-year contract for dumpster 30 rental, hauling and disposal of municipal grit and Bar Screen waste from Pecan Creek Water 31 Reclamation Plant, and transporting pressed sludge from Robson Ranch Water Reclamation 32 Plant to Pecan Creek plant to the low bidder, Allied Waste in the amount of $113,737. 33 34 2) Consider recommending adoption of an ordinance accepting competitive bids and awarding a 35 contract for the long-term rental of heavy equipment for the City of Denton; providing for the 36 expenditure of funds (Bid 3763A - Annual Contract For Long-Term Rental of Heavy 37 Equipment) awarded to the lowest responsible bidder for each item as listed in Exhibit I, for 38 an estimated total annual amount of $90,000 for the Solid Waste Department. 39 Board Member Bob Bland moved to approve Items 1 and 2 with a second from Board 40 Member Bill Cheek. The motion was approved by a 6-0 vote. 41 42 ITEMS FOR INDIVIDUAL CONSIDERATION 43 : 44 45 8) Consider recommending approval of Bid No. 3809, submitted by L.D. Kemp Excavating, 46 Inc., for the excavation and construction of Cell 3A and 3B in Phase III of the City of Denton 47 Landfill, for excavation 48 construction of the landfill scale area and installation of the scale system, for asphalt paving 49 of the final phase of the landfill roadway and scale area, and for building construction in the 50 amount of $3,533,741. Public Utilities Board Agenda July 23, 2007 2 of 2 1 Board Member Cheek was recused from the meeting due to the possibility that a conflict of 2 interest could exist. 3 4 Vance Kemler, Director of Solid Waste, presented this item stating that the construction project 5 for Cell 3 had been bid and, although there had been a large turnout for the pre-bid meetings, 6 only four bids were received which were grouped according to fairly low to very high. Staff 7 analysis determined that the low bidder, L.D. Kemp, had a home court advantage as it had 8 completed the last Cell construction project. Kemler stated that the project involved a moderate 9 amount of excavation and Kemp, knowing the soil conditions, bid substantially lower on the 10 excavation price. 11 12 The next lowest bid was from Rodman Construction, which was the only company to come on 13 site, bring heavy equipment, and conduct a test pole excavation to determine what the soil looked 14 like. Everyone had been provided geotechnical data on the site, but with a really big project, one 15 really would like to test hole had some compressed 16 sandstone that worried them a little bit and, being unsure of how to handle it, bid the excavation 17 higher, otherwise they would have been neck and neck with Kemp. The other two bidders only 18 looked at the data and bid at about $1 million. 19 20 Board Member Gallivan asked if this was the last cell to be constructed. Kemler replied a total 21 of four would be constructed and this area should last about seven years. 22 23 Assistant City Manager Howard Martin stated that Kemler was able to work through permitting 24 approval for deeper excavation which gives more volume and is a key issue for longer life on the 25 landfill site. Staff anticipates making this a bioreactor type of operation versus a traditional 26 landfill and completion of Cell 3 is very important to that process. 27 Board Member Bland moved to approve with a second from Board Member Smith. The 28 motion was approved by a 5-0 vote. 29 30 31 The meeting was adjourned by consensus at 10:39 a.m. 32 AGENDA INFORMATION SHEET AGENDA DATE: August 7, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a three-year contract for the container rental, hauling and disposal of municipal grit and bar screen waste for City of Denton Water Reclamation plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 3802-Three-Year Contract for the Container Rental, Hauling and Disposal of Municipal Grit, Bar Screen Waste and Dewatered Municipal Sludge awarded to Allied Waste Services in the estimated three year amount of $113,737). (The Public Utility Board approved this item by a vote of 6-0). BID INFORMATION This bid is for the removal of dewatered municipal sludge from the Robson Ranch Treatment Plant and the Pecan Creek Water Reclamation Plant. The wastewater flows entering the plants first go thru bar screens to remove floating material that is larger than the screen openings. This screened material is transported through a screw conveyer to compress and reduce the moisture content, and then discharged into dumpsters. The larger materials that pass thru the bar screens are separated at the Pista Grit units and discharged into dumpsters. Currently Allied Waste of Fort Worth picks up the discharged screenings and the grit to dispose of them. This bid will continue the screenings and grit disposal service, and also transport the pressed sludge from the Robson Ranch Water Reclamation Plant to the Pecan Creek Water Reclamation Plant for composting. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its July 23, 2007, meeting. RECOMMENDATION Award a three-year contract to Allied Waste Services in the estimated three year amount of $113,737. Agenda Information sheet August 7, 2007 Page 2 PRINCIPAL PLACE OF BUSINESS Allied Waste Services Ft. Worth, TX ESTIMATED SCHEDULE OF PROJECT This is a three year contract that may be renewed for additional one year periods with all pricing, terms and condition remaining the same. FISCAL INFORMATION This service will be funded from account 640100.7938 and will be paid as invoiced for each load hauled. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation 1-AIS-Bid 3802 Attachment 1 Þ×Ü ý íèðî ÜßÌÛæ Ö«´§ íô îððé Ì¸®»»óÇ»¿® Ý±²¬®¿½¬ º±® Ý±²¬¿·²»® Î»²¬¿´ô Ø¿«´·²¹ ¿²¼ Ü·°±¿´ ±º Ó«²·½·°¿´ Ù®·¬ô Þ¿® Í½®»»² É¿¬» ¿²¼ Ü»©¿¬»®»¼ Ó«²·½·°¿´ Í´«¼¹» ×ÌÛÓËÑÓÜÛÍÝÎ×ÐÌ×ÑÒÊÛÒÜÑÎÊÛÒÜÑÎÊÛÒÜÑÎÊÛÒÜÑÎ Û¿¹´» ÍÛÌ ß´´·»¼ É¿¬» ÝÞß Í»®ª·½»ô Ý±²¬®«½¬·±² ú Û²ª·®±²³»²¬¿´ Í»®ª·½»×²½òÛ²ª·®±²³»²¬¿´ ×²½ò Í»®ª·½»ô ÔòÐò Ú±®¬ É±®¬¸ô Ð®·²½·°´» Ð´¿½» ±º Þ«·²»æ Ü¿´´¿ô ÌÈÕ®«³ô ÌÈÛ¿¬´¿²¼ô ÌÈ ÌÈ ïÎÑÞÍÑÒ ÎßÒÝØ ÔÑÝßÌ×ÑÒ ÓÑÒÌØÔÇ ÎÛÒÌßÔ ÑÚ îð ÝËÞ×Ý ÇßÎÜ ÛÒÝÔÑÍÛÜ üîòííñ¼¿§ ßÓÑüîëðòððüëððòððüïôîððòðð ÝÑÒÌß×ÒÛÎüêçòçðñ³±ò ØßËÔ ÝØßÎÙÛ ÚÑÎ ÎÑÞÍÑÒ ÎßÒÝØ Í×ÌÛ ÌÑ ÞÔÑßÜÐÛÝßÒ ÝÎÛÛÕ ÉßÌÛÎ ÎÛÝÔßÓßÌ×ÑÒ ÐÔßÒÌ üëïëòððüíëðòððüïçëòððüíðçòðð Ü×ÍÐÑÍßÔ Í×ÌÛ ßÒÜ ÎÛÌËÎÒ ÐÛÝßÒ ÝÎÛÛÕ ÉßÌÛÎ ÎÛÝÔßÓßÌ×ÑÒ ÐÔßÒÌ î øÐÝÉÎÐ÷ ÔÑÝßÌ×ÑÒ ÓÑÒÌØÔÇ ÎÛÒÌßÔ ÑÚ îð ÝËÞ×Ý ÇßÎÜ ÝÑÒÌß×ÒÛÎ üîòíêñ¼¿§ ßÓÑüîððòððüëððòððüëïðòðð É×ÌØ ÎÛÌÎßÝÌßÞÔÛ ÝÑÊÛÎüéðòéðñ³±ò ØßËÔ ÝØßÎÙÛ ÚÑÎ ÐÝÉÎÐ ÌÑ ßËÌØÑÎ×ÆÛÜ ÞÔÑßÜüëéðòððüíëðòððüîëðòððüêïèòðð Ü×ÍÐÑÍßÔ Í×ÌÛ ßÒÜ ÎÛÌËÎÒ Ü×ÍÐÑÍßÔ ÝØßÎÙÛ ó ÓËÒ×Ý×ÐßÔ ÙÎ×Ìô ÞßÎ ×²½´«¼»¼ ·² üîéòððñ¬±² ÝÝÇÍÝÎÛÛÒ ÉßÍÌÛô ßÒÜ ÜÛÉßÌÛÎÛÜ ÓËÒ×Ý×ÐßÔ üîðòððüìïëòðð ¸¿«´ ®¿¬»ï ¬±² ã ï §¿®¼ ÍÔËÜÙÛ ÎÛÏË×ÎÛÜ ÍËÎÝØßÎÙÛÍ ×Ú ßÐÐÔ×ÝßÞÔÛ øÔ×ÍÌ í ÌÇÐÛô ËÑÓô ßÒÜ ÝÑÍÌ÷ Ú«»´ Í«®½¸¿®¹»æ Û²ª·®±²³»²¬¿´ ÍËÎÝØßÎÙÛ ÌÇÐÛ ïÒñßÒñß Ì®¿²°±®¬¿¬·±² Ú»» °±®¬·±² ±²´§ ÍËÎÝØßÎÙÛ ÌÇÐÛ ï ËÑÓÒñßÒñßÒñßÒñß ÍËÎÝØßÎÙÛ ÌÇÐÛ ï ÝÑÍÌìûîðûÒñßÒñß Ú«»´ Î»½±ª»®§ Û²»®¹§ ú ÍËÎÝØßÎÙÛ ÌÇÐÛ îÒñßÒñß Ú»»Í»½«®·¬§ Ú»» ÍËÎÝØßÎÙÛ ÌÇÐÛ î ËÑÓÒñßÒñßÒñßÒñß ÍËÎÝØßÎÙÛ ÌÇÐÛ î ÝÑÍÌïðûëûÒñßÒñß ÍËÎÝØßÎÙÛ ÌÇÐÛ íÒñßÔ·²»®ÒñßÒñß ÍËÎÝØßÎÙÛ ÌÇÐÛ í ËÑÓÒñß»¿½¸ÒñßÒñß ÍËÎÝØßÎÙÛ ÌÇÐÛ í ÝÑÍÌÒñßüíðòððÒñßÒñß Ø¿«´ ½¿² ¾» ³¿¼» ·² ÁÁÁÁÁÁ ¼¿§ º®±³ ®»½»·°¬ ±º îîïî ±®¼»®ò ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE-YEAR CONTRACT FOR THE CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT AND BAR SCREEN WASTE FOR CITY OF DENTON WATER RECLAMATION PLANTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3802-THREE-YEAR CONTRACT FOR THE CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE AND DEWATERED MUNICIPAL SLUDGE AWARDED TO ALLIED WASTE SERVICES IN THE ESTIMATED THREE YEAR AMOUNT OF $113,737). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3802 Allied Waste Services Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 3802 Exhibit A Þ×Ü ý íèðî ÜßÌÛæ Ö«´§ íô îððé Ì¸®»»óÇ»¿® Ý±²¬®¿½¬ º±® Ý±²¬¿·²»® Î»²¬¿´ô Ø¿«´·²¹ ¿²¼ Ü·°±¿´ ±º Ó«²·½·°¿´ Ù®·¬ô Þ¿® Í½®»»² É¿¬» ¿²¼ Ü»©¿¬»®»¼ Ó«²·½·°¿´ Í´«¼¹» ×ÌÛÓËÑÓÜÛÍÝÎ×ÐÌ×ÑÒÊÛÒÜÑÎ ß´´·»¼ É¿¬» Í»®ª·½» Ú±®¬ É±®¬¸ô Ð®·²½·°´» Ð´¿½» ±º Þ«·²»æ ÌÈ ïÎÑÞÍÑÒ ÎßÒÝØ ÔÑÝßÌ×ÑÒ ÓÑÒÌØÔÇ ÎÛÒÌßÔ ÑÚ îð ÝËÞ×Ý ÇßÎÜ ÛÒÝÔÑÍÛÜ üîòííñ¼¿§ ßÓÑ ÝÑÒÌß×ÒÛÎüêçòçðñ³±ò ØßËÔ ÝØßÎÙÛ ÚÑÎ ÎÑÞÍÑÒ ÎßÒÝØ Í×ÌÛ ÌÑ ÞÔÑßÜÐÛÝßÒ ÝÎÛÛÕ ÉßÌÛÎ ÎÛÝÔßÓßÌ×ÑÒ ÐÔßÒÌ üëïëòðð Ü×ÍÐÑÍßÔ Í×ÌÛ ßÒÜ ÎÛÌËÎÒ ÐÛÝßÒ ÝÎÛÛÕ ÉßÌÛÎ ÎÛÝÔßÓßÌ×ÑÒ ÐÔßÒÌ î øÐÝÉÎÐ÷ ÔÑÝßÌ×ÑÒ ÓÑÒÌØÔÇ ÎÛÒÌßÔ ÑÚ îð ÝËÞ×Ý ÇßÎÜ ÝÑÒÌß×ÒÛÎ üîòíêñ¼¿§ ßÓÑ É×ÌØ ÎÛÌÎßÝÌßÞÔÛ ÝÑÊÛÎüéðòéðñ³±ò ØßËÔ ÝØßÎÙÛ ÚÑÎ ÐÝÉÎÐ ÌÑ ßËÌØÑÎ×ÆÛÜ ÞÔÑßÜüëéðòðð Ü×ÍÐÑÍßÔ Í×ÌÛ ßÒÜ ÎÛÌËÎÒ Ü×ÍÐÑÍßÔ ÝØßÎÙÛ ó ÓËÒ×Ý×ÐßÔ ÙÎ×Ìô ÞßÎ ×²½´«¼»¼ ·² ÝÝÇÍÝÎÛÛÒ ÉßÍÌÛô ßÒÜ ÜÛÉßÌÛÎÛÜ ÓËÒ×Ý×ÐßÔ ¸¿«´ ®¿¬» ÍÔËÜÙÛ ÎÛÏË×ÎÛÜ ÍËÎÝØßÎÙÛÍ ×Ú ßÐÐÔ×ÝßÞÔÛ øÔ×ÍÌ í ÌÇÐÛô ËÑÓô ßÒÜ ÝÑÍÌ÷ Û²ª·®±²³»²¬¿´ ÍËÎÝØßÎÙÛ ÌÇÐÛ ï Ú»» ÍËÎÝØßÎÙÛ ÌÇÐÛ ï ËÑÓÒñß ÍËÎÝØßÎÙÛ ÌÇÐÛ ï ÝÑÍÌìû Ú«»´ Î»½±ª»®§ ÍËÎÝØßÎÙÛ ÌÇÐÛ î Ú»» ÍËÎÝØßÎÙÛ ÌÇÐÛ î ËÑÓÒñß ÍËÎÝØßÎÙÛ ÌÇÐÛ î ÝÑÍÌïðû ÍËÎÝØßÎÙÛ ÌÇÐÛ íÒñß ÍËÎÝØßÎÙÛ ÌÇÐÛ í ËÑÓÒñß ÍËÎÝØßÎÙÛ ÌÇÐÛ í ÝÑÍÌÒñß Ø¿«´ ½¿² ¾» ³¿¼» ·² ÁÁÁÁÁÁ ¼¿§ º®±³ ®»½»·°¬ ±º î ±®¼»®ò 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 23, 2007 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, July 7 23, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901- 8 A Texas Street, Denton, Texas. 9 Present 10 : Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Bob Bland and 11 Randy Robinson 12 Absent 13 : John Baines, excused 14 15 Ex Officio Members: 16 Howard Martin, ACM Utilities 17 Absent 18 : George Campbell, City Manager, excused 19 20 OPEN MEETING: 21 22 CONSENT AGENDA: 23 24 25 has had an opportunity to raise questions regarding these items prior to consideration. 26 Board Member Dick Smith pulled Item 4 for individual consideration. 27 28 29 1) Consider recommending approval of Bid No. 3802 for athree-year contract for dumpster 30 rental, hauling and disposal of municipal grit and Bar Screen waste from Pecan Creek Water 31 Reclamation Plant, and transporting pressed sludge from Robson Ranch Water Reclamation 32 Plant to Pecan Creek plant to the low bidder, Allied Waste in the amount of $113,737. 33 34 2) Consider recommending adoption of an ordinance accepting competitive bids and awarding a 35 contract for the long-term rental of heavy equipment for the City of Denton; providing for the 36 expenditure of funds (Bid 3763A - Annual Contract For Long-Term Rental of Heavy 37 Equipment) awarded to the lowest responsible bidder for each item as listed in Exhibit I, for 38 an estimated total annual amount of $90,000 for the Solid Waste Department. 39 Board Member Bob Bland moved to approve Items 1 and 2 with a second from Board 40 Member Bill Cheek. The motion was approved by a 6-0 vote. 41 42 ITEMS FOR INDIVIDUAL CONSIDERATION 43 : 44 45 8) Consider recommending approval of Bid No. 3809, submitted by L.D. Kemp Excavating, 46 Inc., for the excavation and construction of Cell 3A and 3B in Phase III of the City of Denton 47 Landfill, for excavation 48 construction of the landfill scale area and installation of the scale system, for asphalt paving 49 of the final phase of the landfill roadway and scale area, and for building construction in the 50 amount of $3,533,741. Public Utilities Board Agenda July 23, 2007 2 of 2 1 Board Member Cheek was recused from the meeting due to the possibility that a conflict of 2 interest could exist. 3 4 Vance Kemler, Director of Solid Waste, presented this item stating that the construction project 5 for Cell 3 had been bid and, although there had been a large turnout for the pre-bid meetings, 6 only four bids were received which were grouped according to fairly low to very high. Staff 7 analysis determined that the low bidder, L.D. Kemp, had a home court advantage as it had 8 completed the last Cell construction project. Kemler stated that the project involved a moderate 9 amount of excavation and Kemp, knowing the soil conditions, bid substantially lower on the 10 excavation price. 11 12 The next lowest bid was from Rodman Construction, which was the only company to come on 13 site, bring heavy equipment, and conduct a test pole excavation to determine what the soil looked 14 like. Everyone had been provided geotechnical data on the site, but with a really big project, one 15 really would like to test hole had some compressed 16 sandstone that worried them a little bit and, being unsure of how to handle it, bid the excavation 17 higher, otherwise they would have been neck and neck with Kemp. The other two bidders only 18 looked at the data and bid at about $1 million. 19 20 Board Member Gallivan asked if this was the last cell to be constructed. Kemler replied a total 21 of four would be constructed and this area should last about seven years. 22 23 Assistant City Manager Howard Martin stated that Kemler was able to work through permitting 24 approval for deeper excavation which gives more volume and is a key issue for longer life on the 25 landfill site. Staff anticipates making this a bioreactor type of operation versus a traditional 26 landfill and completion of Cell 3 is very important to that process. 27 Board Member Bland moved to approve with a second from Board Member Smith. The 28 motion was approved by a 5-0 vote. 29 30 31 The meeting was adjourned by consensus at 10:39 a.m. 32 AGENDA INFORMATION SHEET AGENDA DATE: August 7, 2007 DEPARTMENT: Tax ACM: Jon Fortune SUBJECT Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year 1. Inland Western Denton Crossing DCAD Supplemental Change 2006 $37,128.56 2. Inland Western Denton Crossing DCAD Supplemental Change 2006 $ 7,387.71 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. Refunds due to court order change in value. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $44,516.27. Respectfully submitted: ___________ _____________ Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: August 7, 2007 DEPARTMENT: Airport and Transportation Operations ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager to approve a second amendment to a fixed base operator airport lease agreement approved by Ordinance 2004-380 dated December 7, 2004, between the City of Denton, Texas and BAM Denton Management Ventures, L.L.C. on approximately 1.947 acres of land at the Denton Municipal Airport; providing an effective date. The Airport Advisory Board recommends approval (6-0). The Mobility Committee recommends approval (3-0). BACKGROUND On December 15, 2004 Business Air Management (BAM) entered into a lease agreement with the City to renew their lease on 9.1 acres and a add a 33,810 square foot parcel together with the improvements thereon, along with approximately 1.56 acres of the land and improvements formally under lease to Aero Properties of Denton, Ltd. and an additional 58,000 square feet of improved land to provide Fixed Base Services. Business Air Management’s operation continues to grow at a rapid pace. Currently, all of their hangars are full and their charter fleet continues to increase. This demand has created the need for additional hangar space for aircraft storage. To address this demand, BAM is requesting an amendment to the existing lease agreement to incorporate an additional 1.947 acres (84,811 square feet) of land as identified in Exhibit “A” of the proposed amendment, attached as Exhibit 1. This additional lease hold will allow BAM to construct a minimum 10,000 square foot aircraft storage hangar and a 9,000 square foot apron along with requisite taxiway to access Taxiway H. BAM has been a tenant on the Denton Airport since 2000 and has been an excellent corporate partner in fulfilling the obligations of their lease agreement along with marketing both the airport and the community. The proposed lease amendment and associated development is in accordance with the 2003 Airport Master. PRIOR ACTION/REVIEW The Mobility Committee unanimously recommended the proposed amendment 3-0 and the Airport Advisory Board unanimously recommended the proposed amendment 6-0. The City Attorney’s Office has reviewed the amendment and prepared the ordinance. FISCAL INFORMATION The current BAM agreement generates $4,116.95 monthly/$49,405.05 annually. The proposed amendment of the lease will generate an additional $1,201.48 monthly/$14,417.87 annually in ground lease revenue for the City.The lease rate shall be adjusted by the Consumer Price Index- U as set forth in the original lease and as required by the Federal Aviation Administration. EXHIBITS 1.Ordinance 2.Proposed Amendment 3.Location Map 4.Draft Airport Board Minutes, July 11, 2007 5.Draft Mobility Committee Meeting Minutes July 24, 2007 Respectfully submitted: Mark Nelson Chief Transportation Officer Prepared by: Tim E. Whitman Airport Manager DRAFT MINUTES 1 AIRPORT ADVISORY BOARD 2 JULY 11, 2007 3 4 5 After determining that a quorum was present, the Airport Advisory Board convened for a 6 Regular Meeting on Wednesday, July 11, 2007 at 5:30 p.m. in the Denton Civic Center 7 Building in the Community Room at 321 East McKinney, Denton, Texas. 8 BOARD MEMBERS PRESENT 9 : Chairman Woolfolk, Mr. Brewer, Mr. Brown, Mr. 10 Clark, Mr. Eames, and Dr. Kristoferson. 11 BOARD MEMBERS ABSENT 12 : Vice Chairman Dr. Smith with an excused absence. 13 STAFF MEMBERS PRESENT 14 : Tim Whitman, Airport Manager, Julie Mullins, 15 Aviation Assistant, Mitch Sprunger, Intern, Mark Nelson, Chief Transportation Officer 16 ITEMS FOR INDIVIDUAL CONSIDERATION 17 18 19 IV. Receive a report, hold a discussion and consider a recommendation to Mobility 20 Committee and City Council regarding the Amendment of the Business Air 21 Management lease agreement, and consider a provision to allow a new 22 leasehold to be established adjacent to their existing leasehold for the 23 construction of an aircraft storage hangar. 24 25 Mr. Whitman informed the Board that Business Air recently completed a 26 12,000 square foot hangar facility on the east side of their leasehold and they 27 are at 100-percent occupancy for hangar storage. To address the growing 28 demand for commercial hangar storage, Business Air wants to construct a 29 minimum 10,000 square foot hangar next to the existing hangar north of 30 Taxiway H located on the east side of their leasehold. This will generate an 31 annual income of $14,417.87 or $1,201.48 monthly. Business Air wants to 32 build a 9,000 square foot apron and will be responsible for all utilities. Staff 33 reported that this proposed lease and hangar development is in accordance to 34 the 2003 Airport Master Plan. 35 36 Mr. Woolfolk asked if Business Air Center is going to widen the taxiway. Mr. 37 Whitman said that he will find out. 38 39 Mr. Brewer made a motion to approve the amendment to Business Air Center. 40 Mr. Eames seconded the motion. 41 Motion carried 6-0 42 43 EXHIBIT 4 DRAFT MINUTES 1 City Council Mobility Committee 2 Tuesday, July 24, 2007 3 4 5 After determining that a quorum of the Mobility Committee of the Denton City Council was 6 present, the Chair of the Committee on Mobility convened into a meeting on Tuesday, July 24, 7 2007 at 2:05 p.m. in the City Council work session room, 215 E. McKinney Street, Denton, 8 Texas to consider the specific agenda items listed below: 9 10 Present: Chair Pete Kamp, Mayor Perry McNeill and Council Member Bob Montgomery 11 12 Also Present : Howard Martin, ACM 13 Jim Coulter, Director Water Utilities 14 Mark Nelson, Chief Transportation Officer 15 Tim Whitman, Airport Manager 16 Bob Tickner, Superintendent of Parks 17 John Polster, ITS 18 Ann Forsythe, Coordinator Boards and Committees 19 20 3) Receive a report, hold a discussion and provide a recommendation to City Council on an 21 amendment to the Business Air Management, LLC Fixed Base Operator lease agreement, and 22 providing for an effective date. (The Airport Board recommends approval 6-0.) 23 24 Tim Whitman, Airport Manager, presented, stating this item is consideration for Business Air 25 Management (BAM) to lease an additional 1.947 acres which will allow them to build a 10,000 26 square foot hangar and 9,000 square feet of hangar space to house corporate aircraft and things of 27 that nature. Whitman added that BAM has been a good corporate partner to the City since 2002 28 and that their lease is in good standing and that staff is excited to bring this to the Committee 29 with the belief it will be a great opportunity for the City. In addition, it will generate $1,201 a 30 month, $14,417 yearly, in additional revenue. 31 32 Council Member Montgomery asked if the additional space would be working space for 33 mechanical or passive space for parking aircraft. Whitman replied he believed it would be for 34 parking aircraft. 35 36 Mayor McNeill motioned to approve with a second from Council Member Montgomery. 37 The motion was approved by a 3-0 vote. 38 39 With no further business, the meeting was adjourned by consensus at 2:51 p.m. 40 41 AGENDA INFORMATION SHEET AGENDA DATE: August 7, 2007 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 __________________________________________________________________________________ SUBJECT Consider adoption of an ordinance approving a Real Estate Contract by and between Eagle Farms, Inc. and John Porter Auto Sales, Inc., as seller, and the City of Denton, Texas, as purchaser, regarding a 1.069 acre tract of land located in the F.P. Johnson, C.R. Green, J.F. Myers, and H.F. Brummett Survey, Abstract No. 1699, located in the City of Denton, Denton County, Texas, and Being A Portion Of A Called 691.64 Acre Tract Of Land Described In The Deed to Eagle Farms, Inc., And John Porter Auto Sales, Inc., Recorded In County Clerk Document No. 93-R0077959, Real Property Records Of Denton County, Texas; authorizing the expenditure of funds; and declaring an effective date. BACKGROUND Denton Municipal Electric (DME) proposes to purchase a tract of land adjacent to the existing Jim Christal Substation for the purpose of reconfiguring the station high voltage bus and installing three 138kV circuit breakers. The purpose of the proposed substation expansion is to break the Denton West to Denton North transmission line into two separate transmission lines both of which will be capable of providing power to the Jim Christal Substation independently. The Jim Christal Substation is located west of Denton on the existing 138kV transmission line that runs between Denton West Interchange and Denton North Interchange. Please refer to the map included as Exhibit 1 for the physical location of the station and for the general arrangement of the transmission system. The high voltage section of the Jim Christal Substation was originally constructed as a simple tap off the transmission line with no provision for addition of future circuit breakers to separate the transmission line at that location for faults north or south of the station. Consequently, a fault anywhere on the transmission line between Denton West and Denton North will cause at least one complete momentary interruption of power to both transformers in the Jim Christal Substation. Exhibit 2 is a one-line diagram of the existing station. Exhibit 3 is a one-line diagram of the proposed configuration of the station. The 138kV bus arrangement shown in Exhibit 3 will separate the existing single transmission line into two transmission lines: 1) Denton West Interchange to Jim Christal Substation 2) Jim Christal Substation to Denton North Interchange The advantage of this is that the lines will act independently of each other for faults on either, leaving the station fully energized from the unaffected transmission line even if a fault is permanent in nature. Thus, the proposed construction will provide a significant improvement to the operational performance of the substation. The existing substation site is not large enough to allow construction of the required facilities. A land expansion totaling 1.069 acres is proposed. The price per acre was established to match the price paid by another electric utility to the same landowner for the recent purchase of a substation site in the immediate vicinity. Expansion of the Jim Christal Substation has been being planned for the CIP for some time. The perceived higher priority need for other projects has kept the Jim Christal project just beyond the five- year CIP window. Outage events over the past two years and discovery of operational difficulties both with relaying and transmission hardware in the station have made it necessary to move this project forward into the 2008-2009 timeframe and place it in the project process immediately after the RD Wells station. The need to make this change did not become urgent until after a major failure in the station on June 6th this year, which was after this year’s budget and CIP, were already in the review process. Because this schedule change will require some encumbrance of funds (principally for ordering of equipment with long delivery lead times) in FY 2008, adjustments to other project expenditures and schedules for FY 2008 will be made to allow the Jim Christal project to proceed without affecting the approved budget amounts for FY 2008. Construction is expected be completed in 2009. The estimated project cost will be $200,000 for the transmission line work and $650,000 for the work inside the substation for an overall cost of $850,000. OPTIONS 1.Approve the Ordinance. 2.Do not approve Ordinance. 3.Table for future consideration RECOMMENDATION Staff recommends approval of the Ordinance ESTIMATED PROJECT SCHEDULE August 2007 PRIOR ACTION/REVIEW This item was approved by the Public Utilities Board at their July 23rd meeting. FISCAL INFORMATION Purchase Price of $43,472 plus an estimated $2,500 for standard and customary closing costs. ATTACHMENTS 1.Location Map 2.Ordinance Respectfully submitted, Sharon Mays Director of Electric Utilities Electric Administration Prepared by: Chuck Sears Engineering Administrator Û¨¸·¾·¬ ï Jim Christal Substation New RD Wells Interchange & Sub Industrial Sub Woodrow Sub Denton West – Denton North 138kV Line Spencer Switch Teasley Sub Denton Municipal Electric Jim Christal Land Purchase - 2007 Exhibit 1 L ORDINANCE NO. 2007 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BY' AND BETWEEN EAGLE FARMS, INC., AND JOHN. PORTER AUTO SALES, INC., AS SELLER,.AND THE CITY OF DENTON, TEXAS, AS PURCHASER, REGARDING A 1.069 ACRE TRACT OF LAND LOCATED IN THE F.P. JOHNSON, C.R GREEN, J.F. MYERS; AND HF. BRummETT SURVEY, ABSTRACT NO. 1699, LOCATED IN THE CITY OF DENTON,.DENTORT COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 691.64 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO EAGLE FARMS,. INC., AND JOHN PORTER- AUTO. SALES,. INC., RECORDED IN - COUNTY CLERK DOCUMENT NO. 93-R0077959i REAL PROPERTY RECORDS OF. DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE, OF FUNDS; AND PROVIDING AN EFFECTIVE DATE-. WHEREAS, the City of Denton, Texas is desirous of entering into a Real Estate Contract with. Eagle Farms, Inc.; and John-Porter Auto Sales, Inc., as Sellers, to acquire approximately 1.069 acres of land as more. particularly described in that certain Real Estate Contract.attached hereto and made a part hereof by reference (the "Contract'); and WHEREAS, the City Council finds that the' Contract serves valid municipal and public. purposes and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE C1TY OF'DENTON HEREBY ORDAINS: Section 1. The findings and -recitations contained in the preamble of this ordinance. are incorporated herein by reference. Section The Contract" is hereby approved The City Manager or his designee is hereby authorized to enter into the Contract, to make the expenditures provided for therein, and to carry out.the City'srights and duties under the Contract. Section 3. This ordinance shall become-effective immediately upon, its passage and approval. PASSED AND APPROVED this day of 2007. PERRY R McNEILL, MAYOR Page l - . ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: .Page 2' REAL-TSTATE CONTRACT . ; THLS 4M1'BAET.OF:is: madeab'Y:F~ ~°i~~Jnlra Auto'- Ssks, MU'$efilB"j. eiul =:~3F1w3E'~1~ eS,.a=tee refit ` - - ma rsapair~p;'of a- ,'T aa,.: te£Exi+~d-to 88 ; vm terms su~i set forth betem. _ L °onvcy,sad Pm asp hm iY Ptirdteses:ammd a Teeis ~o pay ' _ ' for sIl that certik b&M lot or. pared of la d desrrbed and .wed in °HXMEUt A" attached hem with aIl:rds and 00purtammm'P8 to .the ~ wog any right; tide. : aad.mterest 6f-Setter in and'to di stm!~. alleys or rights-of way (all of such rpal_propeity and:; artoes being. a +ed to as the Trope:#Loge .:wig =may thi~ ='t r coaiidesatii~a app` erect to flue 1txxrirs,vis'sud art far#h - PURCHASE PRICE : . t The tisrat Vince far Prime shad; be the sum i ofFoEy Tfivae`ThwisaadFdur }3ed,and Sewea4y:Ie3lais=and-No Cede. : (343;472.00) (the "Pia~ase Pru'j• Z Payer Pirrcase Puce, 1tie fan a of the' Purim Pride "-be payable is cash #.the dosm : • 'SVBLIGATIONS. ( the ,abligs ng.of' -to conm=uiate the'-tir a coritemplaoed- - hereby :are s~jec6 to.t satisfeotEOn. of each of-the f'ollowiag moans airy of whits prep be . =whole o#ju put-by: at or,prm~:tio the _c2osing. j - ' akeiftibe date •pnr~ - atPiii cast'aitri shad bawe omsed•tholitle C~eay j $elf deli Ad. n issiis- a awls policy' ct armed by :-oopm of afl Peooided dam tetating-ta mss,- -of_way, etc., arming the-ftWty PmUaser stisll give' Setter *iseir -notile-an or W= the e. n often (10) business days afl= Porrlsm reveives. " the r .that the cow ofStlg.as set-forth i$the C is oris : event motes the fifbli -of not xory.. -t-.ist sq'.ei $ to: or moth y `aD:: asooepta eto to the ieaso~ble = lion of Aii+ racer: Fade evrni Selte gable to do so tffi (1{i) big `days reoeitit of wrnter Vices Pram, at its:option may elect toaetali~ate thi$:(m whicL event this Ag a shaWbe MU. and voids grow ScIler addrtioaal time to arre, or pinoeod* . ctosi n& Purchssees-lulm to give -SCUOr this Written- notice shall"-be deemed to be Puruhasez's 2 : Pte, atoms sok-cost--sad apease-stih"obta®sa aria : : argvegiaf Pivpe ty, gt~¢aied`b a: duty Uce~-T as laid scayey6r: a,i .ta . '.tlD :.Tire aircveya ii-be stsk~ed on tfi giroa ettd shall aha* tle locatiamL of e]1 a~grovae1131311034 'big~iwaya,. , x , f8ilt.oacls, fiveM a+eelt -or.otber watermoniirses, £eacek eye s, arffi•tWiis ~ • " .way on:or adjacent to. tiie Property, if may, and shad contain the siavey&s oeriificaltioa that thet+e are t~ a na s on the`Prnpeity and shaU set forth:the'sumber of uyW-' sing acm ao the. - PTI > P Y, :vim a mews ajW bb".:d a _ : 'Fotlowiug.:-diuyay the" Survey; the:partre egirie no this Coittrat to• i tot6:metas and bounds des.crqk of = Y. on •-fie Y fb -the*:, ate a set £cn li if ~e : i+eai ..;descrfp d: s 'e eat vmthataet(oathialo - ' Puicizaser WM hsve tea (10).busiaess dais 1118er receipt of the survey to revieov and ap~+ove the- survey. I>i: We eves ahe survey is .fie, alien Purcheser shaft •witwii the (10} bus'tss day period, give :Setter writtenE notcce.of this act Se11er aTi:a11, stir Sedler'S ctptiaq' promptly irdeitake: -to . etiaoinate or modify the Vie. paiti~ of 'he si?s► -to" the ressomabde: satrslairt?oa elf: In =toe eves Ballet is .imabde: to" do so tea (io)- - :bum days atliet receit'of grtittea-nc_zice, Purchaser; at its opaon• may-.&& to• a-ttris ' : {m• wh Ch event -thrs Age sbaR be nail and void), grant SeffSr• 0d l tiaoe to. ' care, or proceed lb dosin8 =Au+ s"faffirie to give. Seller this writtWU6tioe shs7l :be deemed to be Purchaser's scceptab.ce of the survey. 3 'Semis ..Seller shall have "pesi oimed,: ; sad fied comp -with all of the coves, ,anfl oo~Eiong r+aquired :by .this Agree to be .perfvriaed, obsetve~ . - aad compEied with by Sehtr prior to or as of the cIasmg : - 2 - i pf pry ANV s Seiler be: rePnSimb and ivew..aaaiJiw~w~n'..aw to . f ran 9851_b~ d 7ad2 ..Mn1 Anthaieir -as ~ Selkr to Pm iCl t 1 a - k v `J $O am on;. h6wL w pp~ zida dfr b=ray of Selte:'s-P?aa Ana % V. ' £IAS G - n6 cog ek1ac-affioe rr":CDmpa y s St ore 310., Dent 'aces;:on ca be eA4 31-.2007 .(r a# si i ti#le P :ag Seater 8nd; R . aad' 9m - (Tuc_ date is herein refe~i, "'1osing date') T! , Ek&w to- the My. of-Dent. a duly : -aad':. - - acimbwledged Spbcial Deed conve YM9 9enda Iwo is fee dmple to att of the `PrOPi ty, 466 and- cisc: of eny and. mm liiris, - neurab fear oo . . the 1 G r estate uses far the. yew. - $ aid. : . . saqu ryew not yet &6'end :bylhir~ rtin~ e Pis t?b Atty. B. Detiv~r to -Puuelessi r a Teias-Ownees Policy a# Title -af:SeBea's sole `>sd by=Seadaa Trt7e Coa;aaX DeutM Tess, {the'T~e siuye comgaay Seller and', Comp&Vl akftagy sige8 upan. in Pi's favor.;b the fla sio of the Pte: 'iO. fee simgte_title for the aty of -fir DffiL08 t0 'the 'P"'t""•y $t*vd ► t0 those htiC C=R)Upaq ' in Req - t .e ons .as may. be approved in initm by Ptueina, andlie-sts dst~d p inthi;-zis<ial-foim:ofTesas Oovnes'S Fahey bf T"rte 'p~+oveded; iyev~ 1.. Z'ie ,ary'amd sticv~y►' suafl: be bou ded iirbd by Rmahasei and ifso sociaw, *ith. it shalbe bores by Ammaser, 4. -14,on as to restdcti cd#cnats Tlali'be endorsed: 3 The f3r:1 il" be H6*id` o the year. of-_ = amd sliall`be`endnrsed 'Not Yd -Due grid Yayahle' And 4.:- The. as. to liens tine Pr~opeaty shad bo mdorsed tanaofReoor+d'. C. MVer-fo=Pardiaser p oftue Psopesty-aa tlte'day of!Clmm . 2 Purcbss's. P~urbaser. 93aII pay tae: coasidereticni-as refier eared is the : 1.. " '~iur3tase Price' sbcdion of this =ftict.at Qosing in imni d dy 1e funds: ; - 3 IIer sh_aIl"~g Il"t es sse¢sed by any L coile~oa the fete ° if d 6ibg:.. . vti cusEom y end &sWird costs, 'aa~ m txf'. m te?sale a po-hw of-41io`:Propertq spaailIy d" be. by i;e Pps+~r, 93cepi:et ► :party vot beT**nsble foF rta own-atmraey Sees: = ' 4e: ' MALASrATECOAM SMON. r Sella sad "reps ted and warraat'to each other that'-new has retained a baolntx - 'ahLS -tea and. 'that tbeie- are no brokers or 'real estate fees:-due as $--result Of the Y 63Oa, 66II1TaGt Jbis RIGH'OF KNT3kY AND POSUSSION Seller- here` by ngees to, 'end shall imedite tl~; Bight Of. Fmtiy. aad`Po attar~ed ' - ' . husto. anid"•mede a:paat hereof 'as-BaliM "W, mqmftmRaqsJy with the ea •'afthis.'Red . Estate Coait o, which w % alloar the Pia the rigid of entry upcm, the. right o r ave .4". s; ~'~z."•" _ - .4: t i P p~~ if *ith v the NOPert' l ~'&rm =wile pow : . > Y; ecaess; PMPoses: x.. If Sd[ fads to fullg aid any' fim , any Of yts dAptim. a eil~ttt;Caancac aft tW sate- of the_ or ~7s PestY:Sor`aay ressoa, ixodpt Y~ may, 'Ifofce . of this eoitract - - -X.. In- 'Ila _ ~ h~E: I~' s~~t 19: not ~ rigbt d e 'under t66 : C""~!, to euSor+oe specific- pafmMagof'this -XL wtittCt; off- masgFAbb_ApP -ement:w Seller; 2 ~cPa Ar iy of the. AIL and-, arft rites,-a^s welt as auycigbis.and beaus office. m oftinte foflo Patti mo, it Period wiBg he cog of t2ie: Eby sisals sbuvive the - sti$!t-not be merged-therein ~g:asm - . 3 Natsce ,Any notice 'r-eguged or por ed to be dPSv d herewmclir. shaD - received: -whey - sem United -States bedeemed post8e per, wed mad, -woun felift Of r' , `ad d to o= per; as the-66 1 , at. ttie s set fottlr:b kdd the uE rft pasty:: - a. Semis agent for PmTOS" of notz *g be: John'.Portei; :-12104 West.~Tmv+acsity Dom, Suite 400. DentM_!rX qDl; _(940) 391 )48. - - - - - 3 E - E i 1 , J J =J:ol E Denton,°3l5 EastI~ Stz Ties, 76281-(40 "349-8333: 4. Teas - :to-Aq* 'Ws Agr Amll be_obisbued under aad:m- Berth - ' tlaa Iswa a le S.fa#e~T as ;a~tl stt ob nos fihe dented hf a ete gel e . : 'o be ' rn i~foa='(~OUnty, Tbs. ~ _ - F b,m,.,~,,Idtlre0 . befit Of the dlIIg upon 8nd :pai#tas end thga rgsre hens, " )'ors. end ' "asargas•wh~+e pe~iftea b+y:ihs menr: ~ - ~ : • , _ _ - - - _ ! 1 chwatQr odd: or mare of•the. -proiimons: COII tII'~ILS 1 i t~ypsly S~rfldvl' 8 tE8Sm}htwtO-:Leta' p~OrF:3a_BIIy r m"- I o.7. _'i,beroc aai!•':W1~7 CO I d 881Etb8 $i~8~d;:11T@g81, Qi: B ~POVmm had B bbe4 : I ~ ; CpIIiB~;-ham . • _ - - • _ - - - - 7 PsioF A This•A-cok*t tes,tIk sole8nd.oaly of d psarcs and eaY p : a~: vv its or.. oral ogre s' wee4't _ f < Pap~S:~ s der - J 8 . Tiiiae ess ' Tone is tthe:esgence is thin Agri "9. G g•: Words of any -&Ww used ia-I =Agi~aemeat shall be held acd" b anstcued to i ltjde'euy outer tende,.and voids- a the s lar mn bcr-shell be held"tginchide the pdaial; aq vice versa 3 less the co a iaequg es : . 1~ eusdus'cf Caritact erttei -'-bath ea ahalL' : MfM IIli = 1tY 1 Pi'y eeecUte a ofthis : sirifable for filuig of record : 1.1'. Compll :In acoordanoe with the ids' of'the-Teaas Rest Estate Lace e - Act, Purchaser i ;hereby: advised°that it Ac ild, be with obtains' a policy of We u»ace or Pimd}ssei s6ould.fiave the coveiag the Property mmmmedary an attor~g'of : 12 " F.ffec,&ve Date`. Tice term °Effbctive Date in~ :ths }stte~'of the dates, -ft wb h.this Co tiaoF is:.sigmb w either`Srdler & P. , as iced by tea. sign" below. If ~e last *fy to :elute this Contract" to complete the date of~oeart~an below that party's the date the Tr&!Comgaaq admowledges receipt of a. copy of this frilly wwcutedr mwaa is.the I :Rffacmive Date 6 , _ IN V- ArfN]= ~ ~ - _ - eve-e~ut~edi~~iacx:iasEollov~s;.. - Etg1e Farms Ine.id . - JoHa:Pgrter Airta~ Satfa'Ite ~ , - - - City Ord APPBoVED AS f rO FORM: Q'TY ATTORN]kY (My.of Deldon, Icias = ' s AZT of s . coorrrst~EfFtrox BrSo me the undm.iWied sutbontY~i yp many appeaied-Joha Port_ er - bz6vm to iie to . ' be the Pin t wed .hereto add arm. . a~yvtedged diet 6 . being dWy is.d sad ~asasearted tine--above depot for tie purposes - • and won tt statW and for the lptgpoge -theliefii staW otr bdW of F,agie: Farnj% It- and JJotm Pam Auto my band ,b scat of oie tta @te ! vN j _Pf i- Vey, ~itcw►a saw aratE r ry sna. ottwvi ' Notary Pumc ja and for . < wtr1, zotg StKe of Terns 71 . - Prmt~Idame ofNot~p- , . - • -M 'illp aLoro ACKNOWLEDGEMENT SF MOP ~SASt - •COITNTY~ H~1V~DN - - Pew -the imler-w'. we zm an thzs ► posy: appeared -urge~, k ; Y of da Temas; _ known to me to be the parson Hama is; et~bs6ribod' hereto i ind'aherbeing Y d~ the above doarmeiit fnr tt - ain Dlcntclm~ d.oa stated and"foi tha purpose ttt~an stated on behalf afsad Sar the City of • - Temai Wrtaess ary hamd 46d seal 4- of4ce this the day of = 20b7:' • - _ ~in and for - - ~ State Prided-Nsi ne ofNotaiy > IKy man owes ; j yANY ACCEPTANCE AND ACKNO -The Tine ConcVsnyf acknov&fto reve}P2 oftl.filily exor i ad Cam on ..:daY of 200'7. Name: Seat =Title Areas 220&n,7aento Blvd ITeaaa, Tee 76205 _ Pl oj[ j 940441 x6159 -Aided Nkbr--. i EXHIBIT_ .A Lltt'III0 :'C. yin - lI~ PA_ Bay 54 - Lew6vslra,-2mtti 75067 ' - - O&= CM 2214M ~ Fs= t97Z?-321.46`75 BaArt~ that =gym bt;,tract: or parcel -af lam mod' F P. ,tWmsor►, C:: Grim R J. F.'ti rs; acid K F. t3 &OVI , Abstriact Noc 1899, tocet~ in tha` I► Dent, DeOdn C+3unV, aexas, and taring a potSor► o a: if!®d :6$184 ac7s tract. tartd iteaai8edi tnate~ed or Fwmz~ _bim. atd-John PWW.AutD tObB.iRMr Dmmw rt`t!b 9 WWOTM9.:Regft4 e-V Romft': Derstaa rte; IR CwtY M GA . 7eoo~s. a~:lraa+~tarbed~I►rn~es:~md.Doa'~lsas:fot f a 1R2'i h iro4! rod fosasd 4br the tiojtjteeiat pruner of a ae~9d' x.33 ettterct of dasa~edd9ett he.CBjro#, Teoasey oeaar+d®d to Yti~e 11t3FR Pie Reat=Phr r R of Derlwn -Com t/. Teoa~s, tfaota which is t3~- t~ tsrd st . ' n of Ott SiMIM Rw ate ;lie Cl ' ltbjd4 sei~tts tag tired riDrBfly comer of said Ferrnaetsii Jottts -Potter Ar~to $aias:rent. beefrs Sctfh t:degrees 1 t trswtu0es3's+ectdu ~St. a distaisce of 4083e - ' - i t`aot8h 49~$ WH~i a ~.•c#-mid _ - - - r a=John::Pr'Aubb'a{es Tca and-4sk}' - •t~t-.af. t bh ~sact.'ra `.=.de: bf tyt~eet a 1I2:1nCh iorf_ roRi v a iap steed 'Afi$xu-~xvey 8414 ruses t OF G 'over-and maasa said- Eagle Famm mW Joins Podw Auto "Sm Trail; Me South b9 degmVp.37 hdrkAw 18' eroortc~ East; .8 e.cf 83:311 t a 112 : ncA3~t iodi+i R c d ~irthur -%XVWPV • corner. _ 8o+ots 19.d®graea 26"rn OT's 111/eat, a 'of-132:83 feet tD a V2 kich irp rod *a a asp stars .'Art w &uwft OW set fm comet ; i &outh 89 degrees 22- mkattes29 West, 4. cfi wwj of 263.W feet tD a - - t2 'ascli ~o~vdh a ~'slairsped'Artttta Survey6sg . North 00 degrses 37 msit~as 31s~sde Yll~ a aloe ~ 348.5$ €eet fo g tR kick*6hloi wiftt•'a.cipat4Ded' Ai is o 3dosjk~g. et1a ' ..,:Nom. deoness 2i rnhi dss 28` seco ads Est- a e~oe cf 60-00 tee to W.112• kteh irn rod foiad.for theum t'set rouser:Ofsaid CRY of Oerfon Try . `e~e2no~~cw:~°ax'a=`y`oree~a~oo~ob7ss~so~ " - . - i - i-thur Srv : arm f - _ . F~~~ng•~o~; Ins:. _ _ _ s6z 54 Ifnesaa~d ' ~~.•anddta~ro'A~i.-8a~es Tja -Ew c# 238:5 Bch irc~? ro~ vie"CW ijW 9 r SW Md t' 2 1' L .'8~ 72.E "Conft-Ehit set mom iwdegas" tt p7 • •Powr- Wit, a -af 115.06lbaw=lie g a 1a169:aa~es_p~ l moce or leas; _ wit ]tipl@.~mml tv IH a~. l ••t um .~V - - _ - - i aim m~aaQle cW.°rawm°'a~cs:x~i°e~e~earme P**2' 4 ~ T~ s r s f t - .i t '013MMIT B RIG$T OF ENM& AND POSMION STATE OF § :COUNTY IMWMN _-A : iA;:fie. Basmt; 7iic., end: J .Poi: Saiss~ Tam :a Tam . - - pa* biabM it o ' ( i to as" t") of oflead: - s. p _ 1.' ._Ti~r'•ar parcels of mid (o~veip caRed the .fig a~atai o air 1-:469 acres of land; *uated in tho tity' dDDemon ;Ted; as more • .:y - •P&fili~~" is "Attaehmmt 1", all -of wb icb am attached -hereto add: made _'a part : 1~r byre&cedce !9ia Ear is-mgao auae=5e3urtfiia=tapeagSor'iy' _ - . - ..-.ems..- . WASH. $Y`ay aognge tupat~~' by demon of vmaaw'. dr. aipom ty ..scq=e' by dame am or p by o :pnaoaedaigs; and o'tbeProperty is order in eetu#"impotisad pubric WJBWYAS a1De Qty aeVds Poem== fed. _ f `the `nth-•elocio -'#adee# t°afie;Prppa:ty, rala- cab - rt©w-, VMPWOR4 16 0* ALL AlpfBYI arm soy is ti - 'm• 4tbosum of'Tat.Dt~LABS ($70 90) ind-otldt ~ods~d val r~s oo~i_dec~o~ ~o tl~ t Pt ► of is baby " owlad~a~ end ooafe s ; . . t ifibabd paid by lras:G , Bauer, Said•and- Cbmeyed dad by then gromm -does Gnmt, $wWsin -Sen add - e Canvey the ~y, its •voiairots.aatd asses the rigs eutip rg: tb~' to 'evof fight- udbl:~ if any, ~i$t tabu the lead n;: ead:p a'f th+e Pty for tn~ grant df cf e=y add pow is o o~ed.apOU ttzc 1. C 6 r and the (Sty•ag ee to and hereby'de tie tW.date of tataag farto. vat the P{vpetty for OF ooodari purposes as the rate of actual enttp a posse n Oran Propcq.tyy city. ant Le~icmade'sIl#i+'peeg~i iu aaytvey:'Gia~ciz>ts.to teoeive &~II ! lrom tic alYfi)TtbOPrOpedytDboaoquhlBd by the f5iy: f! qpmsabon =aidt 3. The chy to aogaae the: Prouty either 'by doaatia or pafchw~ or is the - a ve; by of fdr -ft- . of the Pi+opaty.jn.agood faithadd *ne ymom. utes m pib , . 4. - -h is eccpii y priiv ded that m t6 eva. the 6iyia46 f ' the t ~s nqt able tc cSor iatetesi. ups yawed ea as the r suit of fi- 004M any s aZ lam,~}} t~sfo ,tom ao,..a.,,r, f :.S. der y and"po89E' on ShB~ ~d to the Chy,.ne coWarts and assigns. 6. heroin waaar~ pmt na•pe or ompomfim OWaB an kun$.IIl the-fcE tdhr oftho P[opaq-otter than Ga"url and t&m uol2o o&w ptft. inpo m TO EMNEATtH-'PO HO LID the p oPthe }xis des e F ga Sol pubrj cuh3ty eii _4Y af-aQL!E~' 2W7. GRAAY~'OR Rums'hm MW - J ASa - rSy:: - 7- ACXNOWIIDGEIIA]KNT XNO S E-QF 131 AS ` - _ - COUNTY•~R DENWN _ AcEoc ate the u gt~ed amay on this day pasonaRy appealed"7oltn Porte, lmawa to ma to. " . ':be the whoi~s ; is aubecnbed hereto and air' being duty sw , acluMi dged ibst•,he - pars= . is adWrited and has ==AW the above docmeat-for the proposes-and ea on_thereia; staied'snd for-the laupose therein stated on-.bdoff of Eagle Farms, Inc.= sad John PorwAutot. - - _ sales,,-Inc... - • , . = - , - - ~ • ' - ' • . Vft my hand'add' ~eai of+~oe.t~ the 7$ ' day. vi✓ 20M. Notary Public is and for • Stato of Teaas ' . NVET MSrcoona~a le. I - i „ ACCEPllbr-A D AG$F.M TO by the My dTk~ Teas this _ C. Qmpbed CSdYMat . . AITROV AS RD. F03ML Edw SSnydeS CITY AT TORNEY ATT) OSENT t PAGE~-4 -OF -3 - - PA Bcs34"--I,awisv~Tmats73067 - . Offkw O M:1219M - Fuc p7~)~2=46'f5 ttta} f bk:'ttad pa~t~ei afi t~td itt the . F. P R C#rAert, J."E ; aAd H. F. 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PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: None 1.The Council received a report, held a discussion, and gave staff direction regarding the final drafts of the Business Plan and Master Plan for the proposed Public Safety Training Facility. Ross Chadwick, Fire Chief, reviewed information for the Public Safety Training Center. The current training for the department was good but the facilities were not. He presented a matrix that compared the costs of facilities based on historical evolution and consultant’s estimates. In 2000, the estimate was $13 million. That was not possible with current CIP funding. In 2002 a consultant study of the proposal was initiated. In November 2004 Council approved $2 million for the purchase of 88 acres for the proposed facility. That facility would include a fire arms range and the fire training facility. Several options were available for consideration. One option included Phase One for a cost of $8.1 million but did not include any classroom or any revenue enhancers. Phase Two added classroom space and office space to Phase One. The cost of Option Two was $12.5 million. An additional capital cost of $4.4 million was needed as $8.1 million was in the budget and $3.3 million was already available for use. Staff recommendations included fund and construct Option #2 (Phase 1 and 2) immediately at an estimated cost of $12.6 million; partner with NCTC for operation and maintenance recovery which would be the best opportunity to see if projections and predictions were solid before going to the next level; fund the additional capital costs ($4.4 million) with certificates of obligation bonds in the FY 07-08 budget; add “net operations and maintenance costs to the City’s five-year financial forecast beginning with the FY 08-09 budget ($316,189); and continue to evaluate further options as necessary and financially feasible. Council discussion- Would UNT have use of the facility? Why was only NCTC using the facility? Chadwick replied that the initial discussion had been with NCTC but would expand to other areas such as UNT, FEMA, schools, and other agencies in the future. Would all classes be moved to the new facility from NCTC? Dr. Lee Ann Nutt replied that using the new classrooms would allow them to expand what they currently offered as they did not currently have the space. An interlocal agreement would be approved by both entities for use of the new facility. What types of figures were used for the generation of outside funding? Chadwick replied that staff had been conservative on the estimates. He had talked with Tarrant and Collin Counties on how they had projected their figures. What kind of advantage did Denton have over Tarrant County for coming to this facility? Chadwick replied that it was closer to out-of-state facilities. City of Denton City Council Minutes July 17, 2007 Page 2 Council discussed possible uses for the facility. Consensus of the Council was move forward with Option #2. Item #3 was considered. 3.Requests for clarification and discussion of agenda items listed on the agenda for July 17, 2007, including but not limited to the following: A.Council received a report, held a discussion, and gave staff direction regarding a proposed Master Planned Community zoning request for the Hills of Denton Master Planned Community. Brian Lockley, Interim Director of Planning and Development, stated that this was the first master planned community to be presented to Council. The Hills of Denton would be a traditional mixed-use development consisting of approximately 183 acres of Commercial development, approximately 93 acres of Office/Commercial development, approximately 57 acres of Town Center Commercial development and approximately 104 acres of Town Center Residential development. The master planned community also included amenities such as corridors, trails, project entry, ponds, an amenity center, community centers and hike and bike trails. He reviewed the development thresholds that would apply only to the Hills of Denton development. The developer was proposing a single-family density of 4.0 and a multi-family density of 2.0. The Denton Plan directed a citywide single-family density of 3.0 units per gross acre and a multi-family density of 14.0. According to the Master Plan Community ordinance, the Development Plan map should provide the approximate locations for parks, open areas, trails, school sites, fire stations and police stations. These services were proposed, but the locations of these services were not currently identified. The Master Plan Community ordinance allowed the development standards and subdivision regulations of Subchapter 16 to be amended, not procedures established in the Code. The applicant was proposing to amend the expiration time for preliminary plats from 24 to 60 months, and to allow an unlimited number of extensions (expanded from 6 months to 24 months). Council discussion – The current regulations seemed to be better as there were time limits on proposals which were good check points. If the legal procedures were changed, would those requirements have to be changed other developments? Use the ordinance option that indicated approximate location for amenities. The developer could indicate where those locations would be per phase. A preference would be to have the general locations for parks and schools before consideration. The Council adjourned into Closed Session at 6:03 p.m. A.Consultation with Attorney – Under Texas Government Code Section 551.071. City of Denton City Council Minutes July 17, 2007 Page 3 1.Considered and discussed status, and discussed possible settlement of litigation styled Robert T. Clifton v. City of Denton, Cause No. 4:06-cv- 472, currently pending in the U.S. District Court, Eastern District, Sherman Division. Council returned to Open Session at 6:22 p.m. Council returned to Item #3. 3.Requests for clarification and discussion of agenda items listed on the agenda for July 17, 2007. There were no council requests for clarification of agenda items. 2.The Council received a report from the Council Nominating Committee regarding appointment recommendations to the Council Committees. Council Member Thomson, Chair-Council Nominating Committee, presented a list of recommendations for Council consideration. Those nominations included: Council Agenda Committee - McNeill, Kamp and Mulroy; Audit and Finance - Mulroy, Watts, and McNeill; Council Appointee Performance Review - Thomson, Montgomery, and Mulroy; Mobility – Kamp, Montgomery, and McNeill; Environment – Mulroy, Kamp and Thomson; Ethics – Thomson, Heggins and Watts; Hotel Occupancy Tax – Montgomery, Watts and Kamp; Investment Policy – McNeill and Thomson. External Committees included the Community Justice Council – Heggins; Convention and visitors Bureau – Montgomery, Heggins and Watts; Dallas Regional Mobility Coalition – Kamp; Lake Ray Roberts P & Z – Montgomery; Regional Transportation Council – Kamp; Texas Municipal Power Agency – McNeill; and Development Code Review – Mulroy and McNeill. Council discussed the proposed list and agreed with the suggestions. No changes were made. Mayor McNeill determined that the recommended list would be the council appointments for the year. 4.The Council received a report, held a discussion and gave staff direction regarding nominations to the City’s Boards and Commissions. The Council may convene into Closed Session under Texas Government Code Section 551.074 to deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Construction Advisory and Appeals Board, the Economic Development Partnership Board, the Historic Landmark Commission, the Planning and Zoning Commission, the Traffic Safety Commission, and the Zoning Board of Adjustment. Council convened in Closed Session at 6:30 p.m. according to Texas Government Code Section 551.074 to deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Construction Advisory and Appeals Board, the City of Denton City Council Minutes July 17, 2007 Page 4 Economic Development Partnership Board, the Historic Landmark Commission, the Planning and Zoning Commission, the Traffic Safety Commission, and the Zoning Board of Adjustment Mayor McNeill declared the Council to be back in Open Session at 6:37 p.m. 4.The Council received a report, held a discussion and gave staff direction regarding nominations to the City’s Boards and Commissions. The Council reviewed the list of nominations that had been received by the City Secretary. The Council Nominating Committee submitted the following names for consideration on the Economic Development Partnership Board – Euline Brock, Jerry Mohelnitzky, Stan Morton and Denny Aldridge. Council then discussed the pros and cons of the nominations and the positions that were still vacant. A discussion was held concerning board/commission members appearing before other boards/commissions in an official capacity. After discussion, Council requested that the City Attorney and a council member meet with board members to discuss the situation. Regular Meeting of the City of Denton City Council on Tuesday, July 17, 2007 at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards Mayor McNeill presented proclamations for: Denton Community Theatre Day Ryan High School Girls Softball Team Parks and Recreation Month 3. CONSENT AGENDA Mayor McNeill highlighted the items for consideration on the Consent Agenda. Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A.2007-138 - An ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of cellular phone services; providing for the expenditure of funds therefor; and providing an effective date (File 3816–Interlocal Agreement with Tarrant County City of Denton City Council Minutes July 17, 2007 Page 5 for the purchase of cellular phone services, contract awarded to Progressive Concepts, Inc. in the annual estimated amount of $235,000). B.2007-139 - An ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of Freese and Nichols, Inc. to provide engineering services for the design of the North-South Water Line Phase One Project; authorizing the expenditure of funds therefor; and providing an effective date (File 3826 in the amount of $377,600). The Public Utilities Board recommended approval (5-0). C.2007-140 - An ordinance accepting competitive bids and awarding a public works contract for the installation sidewalks on Carroll Boulevard; providing for the expenditure of funds therefor; and providing an effective date (Bid 3795–Carroll Boulevard Sidewalks awarded to Floyd Smith Concrete in the amount of $109,873). D.2007-141 - An ordinance determining a sole source and approving the expenditure of funds for the purchase of the Harris Computer Systems’ Public Utility Billing upgrade to NorthStar v6.x, and associated software modules 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 3825–Purchase of NorthStar v6.x upgrade for Harris Public Utility Billing awarded to Harris Computer Systems in the amount of $43,740). The Public Utilities Board recommended approval (7-0). E.2007-142 - An ordinance accepting competitive bids and awarding a contract for the purchase of wood grinding services for the City of Denton Compost Facility; providing for the expenditure of funds therefore; and providing an effective date. (Bid 3786–Wood Grinding for Compost Facility awarded to GWG Wood Group, Inc. in the estimated amount of 100,000 yards at $1.20/cubic yard for an amount not to exceed $120,000). The Public Utilities Board recommended approval (7- 0). F.2007-143 - An ordinance of the City of Denton, Texas, approving and ratifying a Letter Agreement between the City of Denton and Texas Woman’s University regarding the TWU Triathlon event; authorizing and ratifying the expenditure of funds in connection therewith; and providing an effective date. G.Approved the minutes of: June 4, 2007 June 5, 2007 June 12, 2007 June 19, 2007 H.Approved a request for an exception to the Noise Ordinance for the purpose of the Thin Line Film Fest sponsored by Texas Filmmakers. The event will be held at various locations throughout the City, including Quakertown Park. The film screening in Quakertown Park will be Friday and Saturday nights, August 31 and City of Denton City Council Minutes July 17, 2007 Page 6 September 1, 2007. The exception specifically requested for extension of hours for amplified sound from 10:00 p.m. until 11:00 p.m. and for an increase in decibels from 65 to 70 decibels. I.Approved a request for an exception to the Noise Ordinance for the purpose of the th 9 Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 15, 2007, from 11:00 a.m. to 11:30 p.m. The exception specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 11:30 p.m. The amplified sound will not go above the allowable 70 decibels for an outdoor concert. J.2007-144 - An ordinance of the City Council of Denton, Texas authorizing the City Manager to execute a Water Main Pro-Rata Reimbursement Agreement between the City of Denton, Texas and Argyle United Methodist Church for reimbursement of the costs of building a water main, through pro-rata charges paid to the city; authorizing the transfer of funds pursuant to the agreement; and providing an effective date. The Public Utilities Board recommended approval (5-0). K.Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1. First American/816 N Bell LLC Overpayment 2006 $ 2,809.58 2. Seafire Properties/Ezell Air Inc DCAD Supplemental Change 2003 $ 2,530.97 3. Rayzor Inv Ltd DCAD Supplemental Change 2006 $ 1,494.82 4. First American/816 N Bell LLC Overpayment 2006 $ 1,319.75 L.2007-145 - An ordinance approving assignment of a certain commercial airport operator’s lease between Jet Works Aviation, Inc. and Jet Works Air Center Management, LLC and approving a subsequent sublease from Jet Works Aviation, Inc. to Jet Works Air Center Management, LLC; and providing an effective date. The Airport Advisory Board recommended approval (6-0). M.2007-146 - An ordinance of the City Council of the City of Denton, Texas, approving an agreement between the City of Denton and the Denton County Housing Finance Corporation; providing for the use of funds for repairs to homebuyer housing units; authorizing the City Manager to execute the agreement and to expend funds with respect to the agreement; and providing for an effective date. N.2007-147 - An ordinance of the City Council of the City of Denton, Texas, approving an agreement between the City of Denton and the Denton County Housing Finance Corporation; providing for the use of funds for the rehabilitation and reconstruction of owner-occupied housing; authorizing the City Manager to execute the agreement and to expend funds with respect to the agreement; and providing for an effective date. City of Denton City Council Minutes July 17, 2007 Page 7 O.R2007-018 - A resolution of the City of Denton, Texas, authorizing a review of the reasonableness and prudence of gas purchases and expenditures of TXU Gas Company, now known as Atmos Energy Corporation, between November 1, 2003 and October 31, 2006; authorizing the City joining with other similarly situated cities in a coalition known as the Atmos Texas Municipalities (“ATM”); authorizing the hiring of special counsel and experts in the purchase or sale of gas; authorizing the intervention in GUD Docket No. 9732 at the Railroad Commission and related proceedings; requiring the reimbursement of reasonable legal and consultant expenses; finding that the meeting complied with the open meetings act; and declaring an effective date. P.2007-148 - An ordinance approving Task Order 07-C, Regulatory Services, of the Professional Services Agreement between the City of Denton and R. J. Covington Consulting (RJC) for an amount not to exceed $80,000. The Public Utilities Board recommended approval (7-0). Q.2007-149 - An ordinance approving Task Order 07-D, Nodal Market Transition, of the Professional Services Agreement between the City of Denton and R. J. Covington Consulting (RJC) for an amount not to exceed $80,000. The Public Utility Board recommended approval (7-0). R.R2007-019 - A resolution confirming the appointment of Roy W. Minter Jr., by the City Manager, as Police Chief for the City of Denton Police Department; and declaring an effective date. S.Confirmed the re-appointment by the City Manager of Darhyl Ramsey to the Civil Service Commission. 4. PUBLIC HEARINGS A.The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 2,120 acres from Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU), Commercial Mixed Use General (CM-G), Planned Development (PD-120) and Rural Residential (RD-5) zoning districts to the Hills of Denton Master Plan Community (Hills of Denton MPC) zoning district. The property was generally located north of Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of Bonnie Brae Street. (Z06-0026, Hills of Denton) The Planning and Zoning Commission recommended approval (7-0). Brian Lockley, Interim Director of Planning and Zoning, indicated that this was a request to rezone from various zoning districts to a master plan community. The Hills of Denton would be developed in a traditional manner with single family development that increased in density as the development moved towards Loop 288. He reviewed the zoning plan for the site. A development plan map illustrated what was going to be developed in what phases and the land uses in each phase. The map also needed to show if parks or schools were to be developed in the area so that staff could plan accordingly for that phase. Within the ordinance was a requirement City of Denton City Council Minutes July 17, 2007 Page 8 that 2,000 single-family homes must be permitted prior to any multi-family units being constructed. The Planning and Zoning Commission recommended approval of the proposal with the conditions that (1) a legal review was completed and a development plan map included with the proposal, (2) a phasing plan was included and (3) a developer’s agreement for water and sewer improvements was approved. The applicant had complied with these conditions. A Development Plat Map Plan for the area would show what to expect for parks, schools, access density and number of units. Applicant had met with the DISD to discuss the need for schools. Staff required as much information as possible be provided on the map for staff to plan as per the Development Plan. The MPC ordinance allowed the development standards and subdivision regulations of Subchapter 16 to be amended, not procedures established in the Code. The applicant was proposing to amend the expiration time for Preliminary Plats from 24 to 60 months, and to allow an unlimited number of extensions (expanded from 6 months to 24 months). Staff felt that the two year limit was created as a check and balance so property did not become dormant and not developed over a number of years. The Mayor opened the public hearing. A Comment Card was received from Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207, in opposition. The following individuals spoke during the public hearing: Rod Zielke, Applicant for Hills of Denton, spoke in favor. He indicated that there were no public parks shown on the map as all of the parks would be private parks. They had met with the DISD and had incorporated the DISD’s guidelines for future schools in the ordinance. An exact location for future school could not be located at this time due to the density of the project. The extension of the plat deadlines was not a major point and they would be willing to keep the current deadlines. Larry Reichhart, Spring Brook Planning Group, reviewed the details of the project. He also indicated that the extension of the plan expiration deadlines was not a major point and it could be eliminated. Council discussed where future schools would be located in the development and whether or not the ordinance was specific if those locations had to be noted on the development map. It was noted that the Parks Trails Master Plan might need to be amended to provide for private parks. Reichhart suggested including a table of development thresholds on the development map for development of schools with the stipulation that plats would not be issued if the school issue was not addressed. Revised language for the ordinance would include (1) the development must comply with the City of Denton park ordinance, (2) a legend would be added to the development plan map to state what level each type of school would be required with plats not being issued as enforcement. City of Denton City Council Minutes July 17, 2007 Page 9 Deputy Mayor Pro Tem Mulroy stated that additional ordinance items would be to label open spaces as homeowner association open space and delete the language for the additional time for plat extension. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-150 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2), NEIGHBORHOOD RESIDENTIAL 3 (NR-3), NEIGHBORHOOD 4 (NR-4), NEIGHBORHOOD RESIDENTIAL 6 (NR-6), NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12), NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU), COMMERCIAL MIXED USE GENERAL (CM-G), PLANNED DEVELOPMENT (PD-120), AND RURAL RESIDENTIAL (RD-5) TO THE HILLS OF DENTON MASTER PLAN COMMUNITY (HILLS OF DENTON MPC) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR APPROXIMATELY 2,210 ACRES, GENERALLY LOCATED ON NORTH OF LOOP 288, WEST OF LOCUST STREET, SOUTH OF MILAM ROAD AND EAST OF BONNIE BRAE STREET AND LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE J.A. BURNS SURVEY, ABSTRACT NO. 130 THE T. POLK SURVEY, ABSTRACT NO. 999, THE V. GAILOR SURVEY, ABSTRACT NO. 452, THE T. TOBY SURVEY, ABSTRACT NO. 288, THE J. COLLARD SURVEY, ABSTRACT NO. 297, THE M. MAY SURVEY, ABSTRACT NO. 807, THE J. STEWART SURVEY, ABSTRACT NO 1150, THE F. MCKETTRICK SURVEY, ABSTRACT NO. 846, AND THE E. PRITCHETT SURVEY, ABSTRACT NO. 1025, DENTON COUNTY, TEXAS SAID 2120.6206 ACRE TRACT BEING COMPRISED OF AND CONTAINING: ALL OF TEN TRACTS DESCRIBED TO DENTON 288, L.P. BY SPECIAL WARRANTY DEEDS RECORDED AS INSTRUMENT NO’S. 2006-21489, 2006-12208, 2006- 12204, 2006-12124, 2006-56312, 2006-59307, 2006-57777, 2006-57774, 2006-87970, AND 2006-56313, OFFICIAL RECORDS OF DENTON COUNTY, TEXAS; ALL OF THAT CERTAIN TRACT DESCRIBED TO HARVARD C.G. PROPERTIES, L.L.C. BY SPECIAL WARRANTY DEED RECORDED AS INSTRUMENT NO 2006-19521, OFFICIAL RECORDS OF DENTON COUNTY, TEXAS; ALL OF THAT CERTAIN TRACT DESCRIBED TO RICHARD TEDROW AND WIFE BY WARRANTY DEED RECORDED IN VOLUME 1154, PAGE 836, DEED RECORDS, DENTON COUNTY, TEXAS; ALL OF THAT CERTAIN TRACT DESCRIBED TO RICHARD CLAIR TEDROW BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 1028, PAGE 761, DEED RECORDS, DENTON COUNTY, TEXAS; AND ALL OF THAT CERTAIN TRACT DESCRIBED TO JAMES TEDROW, TRUSTEE BY DEED OF GIFTS RECORDED IN VOL. 1978, PG. 796, COL. 1978, PG. 799, COL. 1978, PG. 802, VOL. 1978, PG. 805, VOL. 1794, PG. 127, VOL. 1794, PG. 129, VOL. 1794, PG. 1 31, VOL. 1794, PG. 133, DEED RECORDS, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY, SUBORDINATION AND AN EFFECTIVE DATE. (Z06-0026) Kamp motioned, Mulroy seconded to adopt the Option A of the proposed ordinances with the clarifications as discussed: deleting the platting extension, noting the open spaces as homeowner association parkland, platting would comply with the park dedication ordinance, and a legend of school data on would be inserted on the development map to trigger platting requirement for City of Denton City Council Minutes July 17, 2007 Page 10 schools. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B.The Council held a public hearing and considered adoption of an ordinance to rezone approximately 2.962 acres from a Downtown Residential 1 (DR-1) zoning district to a Downtown Commercial General (DC-G) zoning district. The property was generally located st north of Eagle Drive, east of Pacific Street and west of Myrtle Street. (Z07-0012, Access 1 Capital Bank) The Planning and Zoning Commission recommended approval (3-0). Items #B and #C were considered together. Mayor Pro Tem Kamp left the meeting with a conflict of interest. Brian Lockley, Interim Director of Planning and Development, stated that there were two items associated with the proposal. One was for rezoning of the property from Downtown Residential 1 to Downtown Commercial General. The other item dealt with a specific use permit to allow for a temporary bank with a drive through facility. The property consisted of twelve lots under single ownership with the applicant intending to develop the site with a bank and office uses. The Planning and Zoning Commission recommended approval with the following conditions: (1) the Specific Use Permit applied only to the drive through use associated with the temporary bank building, (2) the Specific Use Permit would expire within 18 months of the issuance of a building permit for the temporary building, or upon vacation of the temporary building, whichever was first, and (3) the single family residences to the north and west of the site were vacated and not used as residences after December 31, 2007 and if still being used as residences on January 1, 2008, a wood fence would be required between the temporary bank and the residences. The Mayor opened the public hearings for # B and #C. Comment cards were received from Randy Robinson, Phil and Diane Gallivan in support of the proposal. Larry Reichhart, Spring Brook Planning Group, spoke in support of the proposal. The Mayor closed the public hearings. The following ordinance was considered: NO. 2007-151 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT TO A DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT; THE AREA FOR ZONING CHANGE ENCOMPASSES 2.962 ACRES OF LAND LOCATED NORTH OF EAGLE DRIVE, EAST OF PACIFIC STREET AND WEST OF MYRTLE STREET AND LEGALLY DESCRIBED AS TRACTS 163, 164, 165, 166, 167, 168, 176, 177, 178, 179, 180 AND 181 OF THE WM. LOVING SURVEY, ABSTRACT NUMBER 759, IN THE CITY OF DENTON, DENTON City of Denton City Council Minutes July 17, 2007 Page 11 COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z07-0012) Mulroy motioned, Watts seconded to adopt the ordinance as presented. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C.The Council held a public hearing and considered adoption of an ordinance for a Specific Use Permit to allow a drive through associated with a temporary bank building within a Downtown Commercial General (DC-G) zoning district. The subject property is 0.544 acres in size, and is generally located on the west side of Myrtle Street, north of Eagle Drive. (S07-0006, st Access 1 Capital Bank) The Planning and Zoning Commission recommended approval (3-0). The public hearing for this item was combined with Item #B. The following ordinance was considered: NO. 2007-152 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A SPECIFIC USE PERMIT TO ALLOW A DRIVE-THROUGH USE ASSOCIATED WITH A BANK IN A DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT; THE AREA FOR SPECIFIC USE PERMIT ENCOMPASSES 0.554 ACRES OF LAND LOCATED NORTH OF EAGLE DRIVE AND WEST OF MYRTLE STREET AND LEGALLY DESCRIBED AS TRACTS 177, 178, AND 179 OF THE WM. LOVING SURVEY, ABSTRACT NUMBER 759, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S07-0006) Mulroy motioned, Heggins seconded to adopt the ordinance with the conditions as noted in the ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Mayor Pro Tem Kamp returned to the meeting. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.Council considered adoption of an ordinance on first reading to voluntarily annex approximately 9.39 acres into the corporate city limits of the City of Denton, Texas. The first site was approximately 5.44 acres and the second site was approximately 3.95 acres. The sites to be annexed are generally located on the north side of Spencer Road between Woodrow Lane and Brinker Road (see Exhibit 1). The sites were within a tract of land described in the Mary Austin Survey Abstract Number 4 Denton County, Texas and being a part of the called 26.474 acre tract described in the Dis-Annexation Ordinance No 81-83 of the City of Denton, Texas. (A07-0002, Denton Municipal Electric Spencer Complex Annexation) The Planning and Zoning Commission recommended approval (6-0). City of Denton City Council Minutes July 17, 2007 Page 12 Brian Lockley, Interim Director for Planning and Development, stated that this was the first public hearing for the voluntary annexation of the portion of the Denton Municipal Electric Spencer Complex property and associated right-of-way. Annexation schedule was included in the backup materials, all state mandated requirements had been met and exhibits for service plan and analysis were included. The following ordinance was considered: FIRST READING AN ORDINANCE ON FIRST READING TO VOLUNTARILY ANNEX APPROXIMATELY 9.39 ACRES INTO THE CORPORATE CITY LIMITS OF THE CITY OF DENTON, TEXAS. Montgomery motioned, Kamp seconded to approve the ordinance on first reading. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B.Council considered adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of the “City of Denton General Obligation Bonds ($16,070,000), Series 2007”; authorizing the issuance of the bonds; approving and authorizing instruments and procedures relating to said bonds; and enacting other provisions relating to the subject. Jon Fortune, Assistant City Manager, presented Items #B-#E. The General Obligation Bonds would be used for capital improvements in the areas of streets and transportation, parks and beautification, and building/improvements to the Senior Center. These projects were approved by voters on February 5, 2005. The Certificates of Obligation would be used to fund capital improvements for a multi-modal station, the public safety training facility, vehicle replacements, facility capital maintenance programs, capital improvement planning, technology improvement for Municipal Courts, and solid waste. Each of these items met the stated purposes included in the City’s Debt Service Management Policy for which Certificates of Obligation would be used. The refunding of existing debt with General Obligation Refunding bonds was not recommended at this time due to unfavorable market conditions. Staff was recommending that rather than eliminate the refunding, Council approve an ordinance which authorized a three month window for the refunding to occur. This would allow additional opportunity if the market changed. The refunding would only occur if the Debt Service Management Policy guidelines were met. Laura Alexander, First Southwest, presented the final interest rates received from the recommended bidders. The Underwriters Group presented the lowest interest rate at 4.6328299% for the General Obligation bonds. The following ordinance was considered: City of Denton City Council Minutes July 17, 2007 Page 13 NO. 2007-153 AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE AND DELIVERY OF THE “CITY OF DENTON GENERAL OBLIGATION BONDS ($16,070,000), SERIES 2007”; AUTHORIZING THE ISSUANCE OF THE BONDS; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TO SAID BONDS; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C.The Council considered adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of “City of Denton General Obligation Refunding Bonds, Series 2007”; establishing parameters for the redemption of certain outstanding obligations of the city; authorizing the issuance of the bonds; approving and authorizing instruments and procedures relating to said bonds; and enacting other provisions relating to the subject. The following ordinance was considered: NO. 2007-154 AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE AND DELIVERY OF “CITY OF DENTON GENERAL OBLIGATION REFUNDING BONDS, SERIES 2007”; ESTABLISHING PARAMETERS FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; AUTHORIZING THE ISSUANCE OF THE BONDS; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TO SAID BONDS; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. D.The Council considered adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of the "City of Denton Certificates of Obligation ($11,500,000), Series 2007"; authorizing the issuance of the certificates of obligation, approving and authorizing instruments and procedures relating to said certificates of obligation, and enacting other provisions relating to the subject. Laura Alexander, First Southwest, stated that the Underwriters Group had provided the lowest bid at an interest rate of 4.5062938%. The following ordinance was considered: City of Denton City Council Minutes July 17, 2007 Page 14 NO. 2007-155 AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE AND DELIVERY OF THE "CITY OF DENTON CERTIFICATES OF OBLIGATION ($11,500,000), SERIES 2007"; AUTHORIZING THE ISSUANCE OF THE CERTIFICATES OF OBLIGATION, APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TO SAID CERTIFICATES OF OBLIGATION, AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. E.The Council considered adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of the “City of Denton Utility System Revenue Bonds ($16,740,000), Series 2007”; Authorizing the issuance of the bonds; approving and authorizing instruments and procedures relating to said bonds; and enacting other provisions relating to the subject. Laura Alexander, First Southwest, indicated that Morgan Stanley and Co. had provided the lowest bid with an interest rate of 4.5857101%. The following ordinance was considered: NO. 2007-156 AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE AND DELIVERY OF THE “CITY OF DENTON UTILITY SYSTEM REVENUE BONDS ($16,740,000), SERIES 2007”; AUTHORIZING THE ISSUANCE OF THE BONDS; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TO SAID BONDS; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. F.The Council considered approval of the removal of a signal at the intersection of McKinney Street and Wood Street and the installation of a “HAWK” pedestrian signal. The Traffic Safety Commission recommended denial (6-0). Frank Payne, City Engineer, stated that the signal in question was at corner of Wood Street and McKinney Street. The traffic light had originally been placed in that location due to the Sullivan-Keller Elementary School and pedestrian traffic. Currently the signal did not meet warrants. The Traffic Safety Commission had denied the request and input from the public was negative. The citizens were asking that the signal be left in its original configuration. City of Denton City Council Minutes July 17, 2007 Page 15 Mayor McNeill felt that the signal was not costly to maintain and the neighborhood wanted to keep it in place. Council Member Heggins felt that a non- traditional signal would confuse motorists. Linda Knowles, 1131 E. McKinney, Denton, spoke in opposition to the removal of the signal. Mulroy motioned, Kamp seconded to deny. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion passed unanimously. Council requested staff to have the signal working again as soon as possible. G.The Council considered adoption of an ordinance accepting a $15,000 matching grant from the Texas Forest Service to hire an urban forestry consultant responsible for reviewing and revising the tree preservation and code regulations and to develop an Urban Forest Master Plan that covers planting, preservation, and care of trees on public property. The Committee on the Environment recommended approval (2-0). Nona Muncie, Landscape Administrator, stated that this was a matching grant for an Urban Forestry Consultant to review tree preservation and code regulations and to develop an Urban Forest Master Plan for planting, preservation, and care of trees on public property. The following ordinance was considered: No. 2007-157 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS ASSOCIATED WITH THE “URBAN FORESTRY PARTNERSHIP PROGRAM” GRANT REQUEST; COMMITTING SHARED COSTS OF THE PROJECT AS DESCRIBED IN THE GRANT APPLICATION FROM PREVIOUSLY BUDGETED FUNDS, NOT TO EXCEED $15,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. H.Citizen Reports 1.The procedures for addressing the City Council were reviewed 2.The Council received citizen reports from the following: a)Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. b)Lanisha Hudspeth regarding concerns of Southeast Denton. City of Denton City Council Minutes July 17, 2007 Page 16 Ms. Hudspeth was not present. c)Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. d)Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth stated that Council had taught him how to get an African-American fire fighter. He felt that Council did not help, single member district representatives did not help, the Fire Chief did not help. He felt the way to get this accomplished was to tell the Council about the problem to get the issues on the record. He was telling them that a light was needed at Woodrow and Morse; that Eureka Park had a problem with the wood treatment, that there was a problem with a recreation center manager split between MLK and Denia and that Denton needed an African-American fire fighter. e)Karen McCormick regarding a drainage issue on Ector Street. Ms. McCormick spoke regarding Stanly, Thomas and Ector drainage project. She reviewed the history of the project and presented a powerpoint presentation regarding flooding in the area I.New Business and Announcements The following items of new business were suggested by Council: Deputy Mayor Pro Tem Mulroy requested that staff add the Ector Street drainage issue to the list of drainage projects under consideration. Council Member Thomson requested that staff look at the possible need for additional street lights on Bonnie Brae near the intersection with Windsor. Mayor Pro Tem Kamp asked for either a report or discussion regarding the current and future interlocal agreements for animal services to determine how it would impact the design of a new shelter. J.City Manager’s Report City Manager Campbell did not have any items for Council. K.There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. L.There was no official Action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 9:41 p.m. City of Denton City Council Minutes July 17, 2007 Page 17 ___________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS __________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES July 24, 2007 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 24, 2007 at 4:30 p.m.in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: None 1.Staff responded to requests for clarification and discussion of agenda items listed on the agenda for July 24, 2007. 2.The Council received a report; held a discussion, and gave staff direction regarding wireless (WiFi) services in the city of Denton. Alex Pettit, Director of Technology Services, presented information regarding municipal wireless. Wireless and broadband systems were driving growth in their respective markets. There were three services available for subscription at the present time - AT&T Edge, Sprint/NEXTEL, and Verizon. By 2008, WiMax would be available which was the next generation for this technology. WiFi had been operational at the South Branch Library since June 1, 2006. The Library had 303 unique users from June 1, 2006-May 31, 2007. It averaged 57 users/month with 34 consistent users of the service. It was thought that public/private partnerships would be the driving force in the growth of the wireless web technology. He reviewed estimated annual WiFi maintenance costs per year. Council felt that it would be best to leave the technology alone and let private business handle the technology. It was discussed that the City providing the service would work against businesses that were trying to attract customers with the usage of the network. Consensus of the Council was that it would not be feasible to do this at this time and to wait until technology improved. 3.The Council received a report, held a discussion and gave staff direction regarding requests for amendments to Chapter 20 (Nuisances), Chapter 21 (Offenses), and Chapter 24 (Solid Waste) of the Denton Code of Ordinances, and Subchapters 12 and 13 of the Denton Development Code. Lancine Bentley, Program Area Manager, presented the proposed ordinance changes. Staff felt these amendments were needed to strengthen or clarify provisions, to eliminate conflict with existing provisions, and/or to allow for needed changes in Code enforcement procedures. (1) Service notice – add a provision to allow the option of mailing notices of violations. Council did not have any objections to this change. (2) Service notice-eliminate the provision requiring delivery of the notice to be by certified mail. Council did not have any objections to this change. (3) Expand the definition for improved surface to include crushed stone or pea gravel. Council agreed with the change. City of Denton City Council Minutes July 24, 2007 Page 2 (4) Disallow “for sale” vehicles to be displayed on city streets. Council discussed the pros and cons of not allowing “for sale” vehicles to be parked on public streets. It was noted that the city currently had a provision that a vehicle could not be parked in the same location for more than 20 hours. It was felt that provision would take care of the “for sale” cars parking on a street as they would have to be moved every 20 hours. Council recommendation was to place first emphasis on cars not being moved every 20 hours and after a year look at the issue again. It would remain permissible to park “for sale” cars on public streets per the current regulations. (5) Disallow parking/storage of tow trucks on a residential streets. Council was in agreement with this change. (6) Allow for the parking of four pieces of operable agricultural equipment on unimproved surfaces located 100’ from the street and adjacent properties on properties that exceeded two acres. After discussion, Council determined that this provision should be complaint driven, that the number of pieces should be removed and add criteria for appearance or change the distance requirements. (7) Develop criteria for improved surfaces used or added for the purpose of parking vehicles in front yards. Currently new surfaces added for the purpose of parking could be poured in locations that may require the citizen to drive across the yard to access the parking pad. Staff was recommending amending the language so that any improved surfaces added for the purpose of parking vehicles must be attached to an existing driveway and be made of the same materials as the existing driveway. Crushed stone and pea gravel driveways would be poured to a four inch depth and bordered. Dirt driveways would not be allowed. Council discussed the types of materials that might be used for extensions of driveways. It might present a problem if the original driveway was concrete and the extension also had to be concrete as then most of the yard would be an impermeable surface. Homeowners of larger lots might want to use crushed rock or another type of permeable surface. Consensus of the Council was to allow a different type of material from the original driveway materials but it must be at grade level to the existing surface. (8) Disallow side yard parking except where the garage was in the rear and not accessed from an alley. This change would conform to the Development Code provisions making Chapter 20 in compliance with the Code. Council discussed provisions in the Development Code versus the Code Enforcement Chapter 20. It was felt that the Development Code should be reflective of new development and enforcement should be in Chapter 20. Chapter 20 did not have to match with the Development Code. No changes were recommended at this point. City of Denton City Council Minutes July 24, 2007 Page 3 (9) Storage of goods in rights-of-way. Staff was recommending a change in wording from “parkway” to “right-of-way” and to not allow goods to be stored on any public street or alley. The intent was to keep portable basketball goals from being stored on the street. Council was in agreement with the changes. (10) Disallow the use of tarps and miscellaneous covers to conceal operable motor vehicles and other vehicles and only allow a cover designed for a specific make and model to be used. Council expressed concern about being too specific for a particular make and model of cover. They suggested using generic wording instead of specific make and model of vehicle. A suggestion was “so long as the cover was fitted to the vehicle”. (11) Trash and recycling containers. Change the provisions to specify proper placement of carts on non-collection days as the current ordinance did not provide language for the enforcement of carts left in the middle of the yard or driveway, or within a few feet of the curb. After discussion, the Council felt that the wording “behind the front building line” should be removed from the proposed language. (12) Eliminate Sections 24043(d) as these were to have been eliminated with the passage of the new sections of the ordinance. Council approved this change. (13) Not allow visible storage of some items on residential properties. The Development Code had provisions limiting outside storage on commercial properties. However, there was no companion code in Chapter 20 limiting outside storage on residential properties. Council made the following suggestions for this provision: eliminate the wording “front building line”, check with other communities on their provisions for storage of items on residential properties, and consider a term such as “inoperable” for items. (14) The Development Code did not have a provision for disallowing tow trucks as a home business. Staff suggested changing the wording in the Code to include “standard” pickup as an allowed vehicle to park overnight in a residential area. Council agreed with the change. (15) Add towing businesses as disallow home occupations. Council again discussed moving the enforcement provisions out of the Development Code and into Chapter 20 but was in agreement with the addition to the provision. (16) Change the provision for maintaining street trees to 15 feet from the curb line. The Development Code indicated a 15 foot provision while the Code of Ordinances indicated 12 feet. Council was in agreement to change the provision to 15 feet. City of Denton City Council Minutes July 24, 2007 Page 4 (17) Clarify the height restrictions on fencing. The Code did not address the height of back or side yard fences. It was recommended to change the Code to indicate that no erected fence could exceed 8 feet in height. Also, amend Chapter 20 provisions so the front fences could not be higher than 3 and a half feet and side and back fences no higher than 8 feet. Council agreed with the suggested changes. (18) Materials for fences – limit the materials used for fences to those that are designed specifically for fences. Council suggested allowing for a variance for fencing materials as there were times when alternative interesting materials could be used for fences and there should be provisions for a variance. Consensus of the Council was to proceed with direction given on each item. 4.The Council received a report, held a discussion and gave staff direction regarding nominations to the City’s Boards and Commissions. The Council may convene into Closed Session under Texas Government Code Section 551.074 to deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Construction Advisory and Appeals Board, the Economic Development Partnership Board, the Historic Landmark Commission, the Planning and Zoning Commission, the Traffic Safety Commission, and the Zoning Board of Adjustment. Mayor McNeill reviewed the list of nominations that had been presented at a prior meeting and asked if any council member had further nominations to add. Council Member Heggins nominated John Baines to the Public Utilities Board, Dorothy Watts to the Community Development Advisory Committee and Reginald Heard to the Parks, Beautification and Recreation Board. Mayor McNeill indicated that Council would be voting on all nominations during the regular session. 5.The Council received an update from Mayor Pro Tem Kamp on mobility issues. Mayor Pro Tem Kamp presented a review of the various agencies and committees associated with mobility. Those included the Dallas Regional Mobility Committee, the Regional Transportation Council, TEX-21, NASCO and the Denton County Transportation Authority. 6.Council received a report, held a discussion and gave staff direction regarding a slate of projects to be submitted for Comprehensive Development Agreement funding associated with the tolling of State Highway 121. Jim Coulter, Director of Water/Wastewater, stated that there were three projects recommended for funding. Those included Mayhill Road, Lakeview Boulevard, Bonnie Brae from IH35E south to U. S. 377 and Metro/Corbin Road. The County and TxDOT were still compiling their lists of projects. City of Denton City Council Minutes July 24, 2007 Page 5 Consensus of the Council was to proceed with the recommended list. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Council convened in Closed Meeting at 6:15 p.m. to consider: A.Consultation with Attorney – Under Texas Government Code Section 551.071. 1.Considered and discussed litigation styled Robert T. Clifton v. City of Denton, Cause No. 4:06-cv-472, currently pending in the U.S. District Court, Eastern District, Sherman Division. B.Consultation with Attorney – Under Texas Government Code Section 551.071 and Deliberations regarding Real Property – Under Texas Government Code Section 551.072. 1.Legal advice from the City Attorney relating to the Animal Shelter Agreement. Also, deliberations regarding acquisition of the future site for the proposed animal shelter. C.Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071 and Section 551.087 – Deliberations regarding Economic Development Negotiations. 1.Received a report and held a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting economic development incentives to Aldi Inc. with respect to development of a distribution center. This discussion shall include commercial and financial information the City Council has received from Aldi Inc., which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. D.Deliberations regarding personnel matters – Under Texas Government Code Section 551.074. 1.Deliberated the evaluation and duties of City Council appointees. Regular Meeting of the City of Denton City Council on Tuesday, July 24, 2007 at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE City of Denton City Council Minutes July 24, 2007 Page 6 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 B.July Yard-of-the-Month Awards There were no proclamations or Yard-of-the-Month awards. 3. CONSENT AGENDA Mayor McNeill reviewed the items for consideration on the Consent Agenda. Thomson motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A.2007-158 - 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 families; providing for the expenditure of funds therefor; and providing for an effective date. ($250) B.2007-159 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Community Theatre regarding travel expenses associated with the “AACTFEST 2007”, an International Theater to be held in Heidelberg, Germany for the showcase production of “Crowns”, being an African American Musical Production; providing that this program serves a municipal and public purpose of promoting the arts and tourism within Denton; providing for the expenditure of funds therefor; and providing for an effective date. ($1,539) C.2007-160 - An ordinance of the City of Denton authorizing the abandonment of a 0.88 acre public utility easement tract recorded in Volume 5322, Page 1096, of the Real Property Records of Denton County, Texas, the abandonment of a 0.183 acre public drainage easement recorded in Volume 5322, Page 1107, of the Real Property Records of Denton County, Texas and the abandonment of a 1.077 acre public drainage easement recorded in Volume 5322, Page 1112 of the Real Property Records of Denton County, Texas situated in the D. Hough Survey, Abstract No. 646. D.R2007-020 - A resolution establishing guidelines for Public Improvement Districts; and providing an effective date. E.R2007-021 - A resolution allowing the Denton Black Chamber of Commerce to th be the sole participant allowed to sell alcoholic beverages at the 9 Annual Blues Festival on September 15, 2007, upon certain conditions; authorizing the City City of Denton City Council Minutes July 24, 2007 Page 7 Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommended approval (5-0). 4. ITEMS FOR INDIVIDUAL CONSIDERATION A.Council considered and confirmed the appointments by the Mayor to the following: 1.Community Justice Council 2.Convention and Visitors Bureau 3.Dallas Regional Mobility Coalition 4.Lake Ray Roberts Planning and Zoning Commission 5.Regional Transportation Council 6.Texas Municipal Power Agency Board of Directors Mulroy motioned, Kamp seconded to confirm the appointments as listed in the agenda backup materials. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B.The Council considered appointments of the following boards and commissions: 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee 4. Construction Advisory and Appeals Board 5. Economic Development Partnership Board 6. Historic Landmark Commission 7. Human Services Advisory Committee 8. Library Board 9. Parks, Recreation and Beautification Board 10. Planning and Zoning Commission 11. Public Art Committee 12. Public Utilities Board 13. Traffic Safety Commission 14. Zoning Board of Adjustment Kamp motioned, Watt seconded to approve the nominations as noted in the agenda backup materials with the exception of the Airport Advisory Board which would be voted on separately. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Mulroy motioned, Kamp seconded to approve the nominations of Bob Eames and John Kristoferson to the Airport Advisory Board. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Deputy Mayor Pro Tem Mulroy left the meeting. City of Denton City Council Minutes July 24, 2007 Page 8 Heggins motioned, Thomson seconded to approve the nomination of Rick Woolfolk to the Airport Advisory Board. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Deputy Mayor Pro Tem Mulroy returned to the meeting. C.New Business and Announcements Council suggested the following items of New Business: Mayor Pro Tem Kamp asked for either a report or a work session discussion on airport issues, especially the runway extension and steps to involve legislators. Council Member Montgomery requested a work session to address the issue of the Farmers Market. D.City Manager’s Report City Manager Campbell did not have any items for Council. E.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. F.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 7:30 p.m. ____________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES July 25, 2007 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Wednesday, July 25, 2007 at 2:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: None 1.The Council received a report, held a discussion, and gave staff direction on the 2007-08 Budget and five-year financial forecast. Mayor McNeill stated that the 2007-08 budget was based on an assumed 11% growth in appraised value. It now appeared that the actual appraised value would be 11.9%. He suggested a discussion on how the proposed increase in the tax rate for drainage might be modified based on this information. Options to consider included not needing a full penny increase, reducing the proposed penny increase by the amount of the difference in appraised value or keep the penny increase and use the additional growth amount for additional projects. Consensus of the Council was to have those options developed by staff. Jon Fortune, Assistant City Manager, presented the details of the proposed 2007-08 budget. Preliminary Data Forecast, budget and tax rate preliminary Final certified appraised values - 11.9 % for appraised value Final recommendation may change pending certified values 2006-07 year end estimate Conservative estimates were used Revenue estimate - revenues were slightly above budget; property taxes would be collected at 100%, sales tax estimate was at budget, payment in lieu of taxes had a small decrease Expenditure estimates - there would be minimal savings in utility expenses and personal services would be at 100% Major assumptions Property tax growth - estimated at 11% Tax rate –proposed at $.66652 Property tax increase – proposed at $.04 Sales tax growth – proposed at 2% Fund balance - at 15% Use of one-time reserves – motor pool expenses proposed Compensation - 4% non-civil service; Civil Service as agreed to in Meet and Confer Health insurance – move to self-insurance Vehicle replacements - bond funded Service Enhancements – Enhancements were proposed for Building Inspections/Code Enforcement; Planning, Parks, Streets/Transportation, Police/Fire, Audit/CMO, Airport, Downtown, and Drainage City of Denton City Council Minutes July 25, 2007 Page 2 New positions – proposed new positions for CMO, Internal Audit, Building Inspections, Police, Code Enforcement, Parks, and Planning Operating expenses would be adjusted for inflation Financial Forecast Reviewed appropriable fund balance, revenues, total expenditures, fund balance target, and the impact of packages beginning 2008-09 or later. General fund reserve level Reviewed ending unreserved balance, percentage of total expenditures, and reserve target percentage. 2005 bond program Had a 62.2% approval overall rating Contained a potential tax rate increase of 4 cents Have used less than a penny leaving an authorization of over 3 cents 2007-08 tax rate Split between O& M and debt service A 3 cent increase was for the bond program Recommending up to a penny increase for drainage Total tax rate increase of 4 cents Do additional bond sale to use the penny for drainage projects Total new rate of $.66652 Impact on an average home value was $52 per year 2007-08 Tax Rate - $.03 increase in debt service tax rate Increase authorized in 2005 bond program Increase necessary to cover debt service $.03 did not allow for the accelerated completion of the 2005 bond program 2007-08 Tax Rate - $.01 for drainage Allow the issuance of approximately $5-6 million in bonds to fund drainage projects Projects included Pecan Creek Main Branch, Cooper Creek Basin, Pecan Creek Tributary 4, Neighborhood improvements Deputy Mayor Pro Tem urged that this money be spent quickly. He did not want a lot of studies taking time instead of doing the projects. He suggested doing smaller neighborhood projects to get those done as soon as possible. 2010-2014 CIP - 2010-2014 CIP = $50-60 million 2005 bond program to be completed in 2009 Based on current growth assumptions Assumed issuance of $20 million in CO’s for vehicles, equipment, and facilities Proposed bond election November, 2009 Deputy Mayor Pro Tem suggested forming a committee to develop projects well in advance of the election instead of having a lag factor and manageability problem. Also have funding for gross engineering studies ahead of time and get the bigger studies done and have plans ready to go after the passage of the bonds. Sales Tax 2006-07 sales tax assumed to match budgeted amount 2007-08 assumed a 2.0% increase City of Denton City Council Minutes July 25, 2007 Page 3 2008-12 assumed a 5% annual increase associated with the Rayzor Ranch Development Gas Wells Royalty, tax or lease revenue deposited into non-operating funds City Council policy to reserve monies for future one-time needs Airport Gas Well fund had an estimated ending fund balance at $2.4 million Non-airport gas well fund had an estimated ending fund balance at just over $1 million Include this topic in the upcoming Council retreat discussion. Compensation - Non-civil service employees Conducting a study on the compensation system Compensation plan - reward employees based on responsibility, reward employees based on performance with defined developmental tracks Upon completion of study, a specific wage increase will be recommended Compensation increases may vary by job family, function and fund Personal services increase budgeted at 4% Police Compensation Year 2 of Meet and Confer Agreement Compensation to match market average plus 5% by rank Increase by rank effective April 19, 2008 Additional Step for all ranks Fire Compensation Year 2 of Meet and Confer Agreement Compensation to match market average plus 5% by rank Increase by rank effective April 19, 2008 Additional Step for all ranks Increase in city contribution to Fire Pension Fund by 1% from 11% to 12% Service Enhancements Building Inspections - $207,038 for three new employees; a Combination Building Inspector, a Plans Examiner, and Commercial Plan Examiner III Code Enforcement - $133,605 for two employees for the substandard structure program and general code enforcement enhancement Planning - $111,874 for two employees; an urban forester and a clerical staff addition Streets - $863,000 for a new street infrastructure assessment, street maintenance funds and sand spreader & sand; no new employees Traffic - $66,500 for a graffiti program, sign and markings funding, line locations and new traffic counters; no new employees Airport - $129,178 for a management assistant plus a TxDot ramp grant program, radar for the air traffic control tower, taxiway Lockheed overlay grant match, airport layout plan update grant match and transportation operations business unit Police - $336,638 for two additional police officers, one public safety dispatcher, one duty officer, one civilian jailer and a civilian jailer, and a civilian evidence technician vehicle Fire Operations and Fire Prevention - $212,200 for occupational medicine, an AED program, hazardous materials operations, and a shift investigator vehicle; no new employees Parks Maintenance - $143,632 for two employees to restore park services Downtown development - $50,000 for downtown incentive reimbursement CDBG - $38,041 for supplemental funding for community development administration Internal Audit - $97,673 for the addition of a new auditor City of Denton City Council Minutes July 25, 2007 Page 4 City Manager - $198,830 for the addition of a new assistant city manager Miscellaneous - $335,000 for a transfer to water shed protection, professional services for internal control audits and miscellaneous facility needs Total Service enhancements would be 17 full time employees at a cost of $2,923,209. Fortune reviewed future packages which would begin in 2008-09 or later. Those included staff or programs for various departments and also reviewed unfunded packages. Vehicle Replacements - General Fund Vehicles would be replaced as necessary based on mileage, age, and high life-to-date maintenance costs. The number of vehicle replacements would be 45 and 9 new vehicles for a total number at 54. These would be purchased through the issuance of Certificates of Obligation bonds. Other Issues Health Insurance Fund - a new internal service fund would be established to accommodate self-insurance operations with a beginning fund balance of $500,000 (General Fund contribution) Red Light Camera Revenue – had a balance as of 09/30/06 at $283,374; recommended allocating $143,000 in 07-08 for school crossing safety enhancements for $100,000 and traffic enforcement enhancements for $43,000 Human Services Agency Contributions - total General Fund support of $231,448 for a per capita figure of $2.03. Tourist and Convention Fund Fleet Services - would add two new employees Water PUB recommended 3% rate increases Proposed bond sale of $29 million to include funding for the Lake Lewisville Plant rehabilitation and disinfection upgrade to ozone; a high school booster pump station and north-south water main Net decrease of 1 employees 4% salary increases Wastewater PUB recommended No retail rate increases No increase in drainage fee No proposed bond sale Net increase of .5 employees 4% salary increases Solid Waste PUB recommended No rate increases for residential carts, commercial, or multifamily recycling $.50 monthly single-family residential recycling increase (final contract will determine rate) Projected bond sale of $1.85 million Net increase of .5 employees City of Denton City Council Minutes July 25, 2007 Page 5 Denton Municipal Electric PUB recommended No base rate increases Energy cost adjustment (ECA) rate would change as required to cover actual energy costs New increase of 8.5 employees Proposed bond sale of $7 million Fortune reviewed the upcoming budget calendar which included July 26 - City Council budget workshop July 31 proposed budget and CIP submitted to City Council and placed on file with City Secretary August 21 - vote to consider a proposal for a tax increase prior to publishing notice of hearing September 11 - first public hearing on tax increase and public hearing on the budget. Sept. 18 - second public hearing on tax increase September 25 - adoption of annual program of services, adoption of CIP and approval of tax rate Council directed staff to prepare options for additional funding opportunities. Options included whether to put the additional funding for drainage projects or reduce proposed penny tax increase to accommodate the additional funding. Council Member Thomson requested a report on what projects were accomplished with the current drainage fees. The Council did not meet in Closed Session. With no further business, the meeting was adjourned at 3:40 p.m. _____________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: August 7, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT A07-0001(Westview Commercial Annexation) Hold the first of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 129.6 acres of land and the adjacent street right-of-way for Loop 288 containing approximately 9.1 acres generally located west of Interstate 35 North at the proposed extension of Loop 288 in the northwestern portion of Denton's Extraterritorial Jurisdiction (ETJ). The property is legally described as a tract of land situated in the BBB & CRR Survey, Abstract No. 0141A, Denton County, Texas, a tract of land situated in the Whitlock Survey, Abstract No. A1403A, Denton County, Texas and Lot 1, Block 1 of the Northwest Service Area Elevated Storage Tank Addition. BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX An annexation proceeding is being considered by the City of Denton for the Westview Commercial property, the City of Denton’s elevated water tank property and adjacent street right-of-way for Loop 288. The private property included in the annexation request is owned by Westview Commercial LP. The subject property (see Exhibit 1) is currently undeveloped except one gas well site and the City of Denton’s elevated water storage tank. The proposed annexation is being initiated by the applicant, Spring Brook Planning Group, on behalf of the property owner. Information concerning the additional land area to be included in the annexation was submitted to City staff for review. The additional property added to the annexation request did not change the proposed Service Plan or Service Area Analysis. The following items summarize the proposed annexation and important actions taken: On Friday, April 27, 2007, The City Council was informed (reading file) of the request for the voluntary annexation proceedings for approximately 127.9662 acres legally described as a tract of land situated in the BBB & CRR Survey, Abstract No. 0141A, Denton County, Texas, and a tract of land situated in the Whitlock Survey, Abstract No. A1403A, Denton County, Texas. The annexation request was brought before the City Council at a special called meeting on June 12, 2007. Staff received direction to include the City owned property and the Texas Department of Transportation’s right-of-way adjacent to the subject property as part of the annexation. On June 19, 2007 staff brought the revised annexation request and proposed summary schedule to the City Council for direction. The annexation request was brought before the Planning and Zoning Commission on June 26, 2007. This item was tabled until the additional property could be added to the annexation request. The annexation and proposed zoning requests will be heard before the Planning and Zoning Commission on August 8, 2007. The entire area proposed for annexation is located within City of Denton’s Extra- territorial Jurisdiction (ETJ) and is not zoned. The Comprehensive Plan identifies this area to be within a Regional Mixed Use Centers land use designation. The annexation is scheduled for completion on November 6, 2007 (see Exhibit 2). In accordance with the City’s annexation policy plan, approved in June 1993, the City will “assess on a case by case basis the annexations of areas in the ETJ when significant developments are proposed.” Annexation should be considered when a property is located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of- way. The subject site is located in Denton’s ETJ Division 1. As such, development is subject to only the City’s subdivision regulations and not zoning regulations. Much of the subject site is not platted; any subsequent subdivision or reconfiguration of the subject site will be subject to the City’s subdivision regulations. Incorporation of this site into the City would not require additional properties. OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION The Development Review Committee recommends that the first public hearing for A07-0001 is held as scheduled (See Exhibit 2). PRIOR ACTION/REVIEW (Council, Boards, Commissions) The annexation request was brought before the City Council at a special called meeting on June 12, 2007. Staff received direction to include the City owned property and the Texas Department of Transportation’s right-of-way adjacent to the subject property as part of the annexation. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. The proposed annexation area will add additional tax base to the city. EXHIBITS 1.Location Map 2.Annexation Summary Schedule 3.Service Plan 4.Service Area Analysis Prepared by: Lori Shelton, AICP Planner II Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development EXHIBIT 1 Location Map EXHIBIT 2 Annexation Summary Schedule Westview Commercial Annexation st Notices to Intent to Annex (30 day prior to 1 PH) will be sent on July 2. Aug 7 Tuesday,City Council conducts first public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Annexation Study prepared and available for public review. Service Plan prepared and available for public review. Aug 8 Wednesday,Planning and Zoning Commission public hearings –make a recommendation to City Council regarding the proposed annexation. Aug 21 Tuesday,City Council conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Sept 11 Tuesday,City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sept 16 Sunday,Ordinance published The ordinance cannot be acted upon until at least 30 days after publication. Nov 6 Tuesday, City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes st annexation proceedings (adopts ordinance on 1 reading). The second reading of the ordinance and zoning approval could be held any time between Oct 17, 2007 and Jan. 17, 2008 Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local st Government Code requires that City Council institute annexation proceedings (1 Reading of the 20 days after the second City Council public hearing but less than 40 Ordinance) more than days from the first City Council public hearing. EXHIBIT 3 Service Plan EXHIBIT 4 ANNEXATION REQUEST SERVICE AREA ANALYSIS A07-0001 – Westview Commercial The Planning and Development Department has received a request for annexation of approximately 129.6 acres of land and adjacent street right-of-way (ROW) for Loop 288 containing approximately 9.1 acres generally located west of Interstate 35 North at the proposed extension of Loop 288. Size: 139 acres (including ROW) Location: West of Interstate 35 North at Loop 288 Proposed use: Commercial Development Proposed zoning: Regional Center Commercial Downtown (RCC-D) The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please provide the requested information and any other pertinent information. To determine the city’s ability to provide services to the proposed area it is necessary to document: each department’s existing capacity to provide an adequate level of service to the proposed area; additional personnel and capital equipment/facilities necessary to provide an adequate level of service to the proposed area; and cost of providing additional service. Existing Conditions: Proximity to existing arterial and collector roads. This property is located on the west side of I35N at the proposed extension of Loop 288. The proposed Loop 288 extension will make up the southern boundary of the site. Both the proposed Loop 288 extension and I35N are designated on the Denton Mobility Plan as Freeways. Future Land Uses. The proposed annexation area is within the Regional Mixed Use Centers land use designation. Existing land uses: The subject property is primarily undeveloped and has one gas well site. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows protected stream buffers located on the subject site. Proximity to other service providers: Based on the current data, there is no sewer line in close proximity to the subject property. There is a 16 inch water line that runs along the northern boundary of the property and a 16 inch water line that runs along I-35 North to the east of the property. SERVICE AREA ANALYSIS A07-0001 – Westview Commercial FIRE 1.Fire and Emergency Medical Services can be provided to the area from station(s) # - ___5__, located at_2230 W. Windsor____. 2.Estimated response time. __3.5___ minutes 3.Appropriate response time in the City. ___3.5__ minutes 4.Is a new fire station approved in the CIP that could serve this area? _No____ If yes, what is the CIP program year? _____ 5.Will a new fire station be requested in upcoming CIP proposals to serve this area? _No____ If yes, when should this station be operational? _____ 6.Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. __n/a___ 7.Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? __n/a___ Is there an accepted facility/equipment to population ratio that can be used for planning purposes? __n/a___ Is there an accepted fire fighter to population ratio that can be used for planning purposes? __n/a___ Additional Comments: Rick Jones, Fire Marshal Person to contact if there are questions Date 5/17/2007 SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Parks and Recreation 1.What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks property to the proposed annexation area are North Lakes Park, 1.5 miles, Northpointe Park, 2.2 miles, McKenna Park, 2.75 miles, Airport Open Space Park, 3,6 miles. Current residents will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan does not indicate a need for a Community Park in the general area of the proposed annexation. Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres minimum size. (by developer) cost per acre. Community Parks: 3.0 acres per 1,000 population 30 acres minimum 3.How much additional funding will be needed for maintenance if additional park facilities None are developed to serve this area? Service Standard: Based on $3,454 (developed) cost per acre. 4. How many additional personnel would be needed to properly serve this area if annexed None and developed? Service Standards: 0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of service) $38,000 per year cost per additional personnel Additional Comments: Person to contact if there are questions Date: 5-4-07 Bob Tickner, Superintendent of Park Planning and Development, 940-349-8275 SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Police 1.Estimated average response time for this area based on current department conditions: Priority 4 minutes Non-priority 17 minutes Average 10.5 minutes 2.Appropriate average response time in the city based on current department conditions: Priority 4 minutes Non-priority 17 minutes Average 10.5 minutes 3.If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? _NO______ If yes, how many? ________ What type? ________ 4.Will additional equipment and funding be needed to serve this area? _NO_____ If yes, what type? ______________________________________________. 5.Will a police substation or other facility be needed to serve this area as a result of annexation and development? __NO____________ If yes, when should the new facilities be operational? ________________________________________________________ 6.Please comment on the cumulative impact of annexation and development. At what population level would another police facility be required? ___N/A____________ Is there an accepted facility/equipment to population ratio that can be used for planning purposes? NO___________________________________________________________ Is there an accepted officer to population ratio that can be used for planning purposes? 1.79 Officers per 1,000 citizens Additional Comments: Lt. Lee Creamer 06/05/2007 ________________________________ _____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Library 1.Estimated additional funding needed strictly based on proposed annexation and development. $0.00 2.Please comment on the cumulative impact of annexation and development. Since this site is not planned for residential development, the annexation and development of Westview Commercial will not have a negative impact on library services. 3.At what population level would another library facility be required? 131,738 4.Is there an accepted circulation to population ratio that can be used for planning purposes? Yes; 8.7 is the national 2006 annual circulation per capita mean or average for the legal service area population served by the Denton Public Library. 5.Is there an accepted employee to population ratio that can be used for planning purposes? Yes; 1 FTE per 2,712 population 6.If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes, as this annexation is designated as commercial. 7.If not, how many additional employees and what type of facilities and materials will be needed to provide services? N/A Additional Comments: This commercial annexation will not impact the current level of library services. Eva Poole, Director of Libraries May 18, 2007 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Solid Waste 1.Is residential solid waste service available to the proposed area for annexation? Yes 2.Is commercial solid waste service available to the proposed area for annexation? Yes 3.What is the estimated cost to provide this area with solid waste service? Equipment and Maintenance. Incremental Service Cost Personnel. Incremental Service Cost 4.What is the typical revenue collected per: Household. Based on Refuse cart provided. Commercial Business Based on container and frequency of service. Contact Customer Service, 940-349-8787, for service level and cost information. 5.Will additional equipment be needed to serve this area if annexed or developed? Type of Equipment. No Cost of Equipment. No 6.Will additional employees be needed to serve this area if annexed or developed? Type of Employees. No Number of Employees. NA 7.Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NA Is there an accepted equipment to population ratio that can be used for planning purposes? No Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: S. Lebsack, 940-349-8069 5/10/07 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Electric Utilities 1.What is the distance to, location of, and size of the nearest City of Denton electric line? The nearest electric line is a single-phase primary line providing electric service to the water storage tank. 2.What type of lines and facilities would be required to serve this area? Three phase primary electric lines would be required to provide electric service to this area._____ 3.Are any new lines or facilities proposed for construction to serve this area? No 4.Are there any potential responsibilities if this area is annexed? NO 5.Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NA Is there an accepted equipment to population ratio that can be used for planning purposes? NA Is there an accepted employee to population ratio that can be used for planning purposes? NA Additional Comments: Don McLaughlin (940) 349-7119___ May 17, 2007 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Wastewater 1.What is the nearest City of Denton water line? Size of water line. _____ Location of water line. _____ Distance from proposed annexation. _____ 2.What is the nearest City of Denton sewer line? Size of sewer line. 10-inch_____ Location of sewer line. __800 feet north of north boundary of proposed annexation area, and 800 feet west of IH35 ROW___ Distance from proposed annexation. 800 feet_____ 3.According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines _____ _____ _____ Sewer lines _None included in the Master Plan____ _____ _____ 4.Are there any City of Denton lines included in the proposed annexation? __No___ 5.Please comment on the cumulative impact of annexation and development At what population level would additional equipment be required? _____ Is there an accepted equipment to population ratio that can be used for planning purposes? _____ Is there an accepted employee to population ratio that can be used for planning purposes? _____ Additional Comments: P. S. Arora, Assistant Director Wastewater May 18, 2007 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Water 1.What is the nearest City of Denton water line? Along north side of property along FM 1173 and the east side of property along I 35 Service Road. a.Size of water line. 16 inch b.Location of water line. see above c.Distance from proposed annexation. see above_ 2.What is the nearest City of Denton sewer line? a.Size of sewer line. _____ b.Location of sewer line. _____ c.Distance from proposed annexation. _____ 3.According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. i.Size Year Location b.Water lines 20 inch Along Loop 288 c.Sewer lines _____ _____ _____ 4.Are there any City of Denton lines included in the proposed annexation? _____ 5.Please comment on the cumulative impact of annexation and development a.At what population level would additional equipment be required? _____ b.Is there an accepted equipment to population ratio that can be used for planning purposes? One crew per 18,750 Population c.Is there an accepted employee to population ratio that can be used for planning purposes? One FTE per 5,000 Population Additional Comments: The proposed line extension along the ROW extension of Loop 288 will be required by the developer at the time of platting of the property. Tim Fisher, Assistant Director of Water Utilities May 4, 2007 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Engineering and Transportation 1.What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Type of Improvement Approximate Cost 2.Are any of these improvements presently scheduled to be done at state or federal expense? _____ If yes, please identify facility and anticipated date improvements will begin. _____ 3.Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). _____ 4.Will additional equipment and facilities be needed as a specific result of this annexation and development? _____. If yes, what type of equipment or facility? _____ 5.Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? _____ Is there an accepted equipment to population ratio that can be used for planning purposes? _____ Is there an accepted employee to population ratio that can be used for planning purposes? _____ As of this writing, Planning has not received a response from Additional Comments: Engineering and Transportation. As soon as information is received, it will be included in the Service Area Analysis. ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Denton Independent School District 1.Education services are currently provided by: _____ 2.If annexed, can anticipated service demands be met using existing materials, facilities and personnel? 3.If not, how many additional employees and what type of facilities and materials will be needed to provide services? 4.Estimate additional funding needed strictly based on proposed annexation and development. 5.Will projected school taxes from this development provide that additional funding? 6.Please comment on the cumulative impact of annexation and development. 7.At what population level would other school facilities be required for the City of Denton? 8.Is there an acceptable employee to population ratio that can be used for planning purposes? As of this writing, Planning has not received a response from Denton Additional Comments: Independent School District. As soon as information is received, it will be included in the Service Area Analysis. ________________________________ ____________ Person to contact if there are questions Date AGENDA INFORMATION SHEET AGENDA DATE: August 7, 2007 DEPARTMENT: Planning and Development ACM:Howard Martin, 349-8232 SUBJECT- Z07-0009 (Salvo Center) Hold a public hearing and consider the adoption of an ordinance rezoning approximately 16.42 acres from a Neighborhood Residential 6 (NR-6) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the southwest corner of Hickory Creek Road and Teasley Lane (F.M. 2181). The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Salvo Real Estate Dallas, TX The applicant is requesting a zoning change from a Neighborhood Residential 6 (NR-6) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district for approximately 16.422 acres of property located at the southwest corner of Hickory Creek Road and Teasley Lane. The Planning and Development Department sent notices of the public hearing (Exhibit 6) to all residents within 500 feet of the subject property; as of this writing, one response opposed to the proposed zoning change, and one response in favor, have been received (Exhibit 9). The percentage of land represented by the opposition to the proposed zoning change is 4.7%. The applicant held a neighborhood meeting on May 16, 2007. Four people attended the meeting and were in general support of the proposal. OPTIONS 1.Approve as submitted. 2.Deny. 3.Postpone consideration. 4.Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this rezoning request (6-0). EXHIBITS 1.Staff Analysis 2.Location Map 3.Existing Zoning Map 4.Proposed Zoning Map 5.Future Land Use Map 6.Notification Information 7.Letter From Applicant 8.Site Photographs 9.Responses to Public Notification 10.Planning and Zoning Commission Minutes from June 27, 2007 11.Ordinance Prepared by: Jane Gurney, Planner I Respectfully submitted: Brian Lockley, AICP Interim Director, Planning and Development 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: DATE TO BE CONSIDERED: Z07-0009August 7, 2007 LOCATION: The subject property is located at the southwest corner of Hickory Creek Road and Teasley Lane. APPLICANT:Salvo Real Estate 5005 LBJ Freeway, Suite 840 Dallas, TX 75224 OWNER: Gordon Meredith 3428 Teasley Lane Denton, TX 76210 REQUEST: Rezone approximately 16.422 acres from a Neighborhood Residential 6 (NR-6) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of this zoning change request (6-0). COMPREHENSIVE Neighborhood Center PLAN DESIGNATION: SITE AND The property is located at the southwest corner of Hickory Creek SURROUNDINGS: Road and Teasley Lane North:Neighborhood Residential 2 and 4 (NR-2, NR-4); Residential uses, Hickory Creek Road and Lexington Park Subdivision, undeveloped land South:Neighborhood Residential 4 and 6 (NR-4, NR-6); Residential uses, Hickory Creek Ranch Subdivision, Phase 1 East:Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential (NR-4); Residential uses, Hickory Creek Plaza (New Kroger site), Wheeler Ridge, Teasley Harbor West: Neighborhood Residential 2 and 6 (NR-2, NR-6); Residential uses, Hickory Creek Ranch Subdivision, Phase 2, Single Family uses, Denton Municipal Electric Substation BACKGROUND The applicant held a neighborhood meeting on May 16, 2007. Four INFORMATION: people attended the meeting, and were in general support of the proposed development. 3 Two responses to the Notice of Public Hearing have been received to date; one in support and one in opposition. The percentage of land represented by the land owner in opposition to the proposed zoning change is 4.7%. A public hearing was held by the Planning and Zoning Commission on June 27, 2007, and the Commission recommends approval of this rezoning request (6-0). ANALYSIS: Comprehensive Plan The property is located in an area with a future land use designation Analysis: of Neighborhood Center. Neighborhood Centers are described by the Denton Plan as Within the undeveloped urban and urbanizing areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of neighborhood centers. These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. The center contains uses necessary to support the surrounding neighborhood. These support uses could include service- oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood greens and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. The requested zoning change will offer retail sales and services that are designed to serve the immediate neighborhoods. This proposed use is consistent with the future land use designation of the subject property. Additionally, the area is currently underserved by retail operations. The only other nearby retail uses are the proposed Kroger grocery store development to the east of the subject property, which will serve a number of the subdivisions in southern Denton. Development The requested zoning district, Neighborhood Residential Mixed Use Code/Zoning Analysis (NRMU), is primarily a commercial zoning district which permits uses designed to support surrounding residential areas. Some multifamily residential uses are permitted with Specific Use Permits in NRMU zoning districts, but single family and duplex residential 4 uses are not permitted. The NR-6 zoning districts permit residential uses including detached and attached single family homes and duplexes, but no commercial uses are permitted. The differences between the existing zoning district, NR-6, and the requested zoning district, NRMU, are summarized in Table 1. Uses that do not appear in the Table 1 are regulated in the same manner for both zoning districts. If the zoning change is granted, the development of the property will be subject to the general regulations of the Neighborhood Residential Mixed Use (NRMU) zoning district. The general regulations of the NRMU zoning district include maximum lot coverage of 80% and minimum landscaped areas of 20%. The only building setback requirements in the NRMU zoning district are for side yards (6 feet), and for yards that abut a single-family use or district, which would apply to the western and southern boundaries of the subject property. When adjacent to a single family district, a minimum setback of 20 feet is required, with an additional foot of setback required for every foot of building height over 20 feet. The maximum building height permitted in the NRMU zoning district is 65 feet. Comparison of permitted uses in NR-6 and NRMU zoning districts. Table 1. Use Zoning District Residential Land Use Categories NR-6 NRMU (existing) (proposed) P N Single Family Dwellings SUP/L(1) N Accessory Dwelling Units P L(40) Attached Single Family Dwellings N P Dwellings Above Businesses L(16) P Live/Work Units P N Duplexes N SUP Group Homes N SUP/L(4) Multi-Family Dwellings SUP N Manufactured Housing Developments Commercial Land Use Categories N P Hotels N P Bed and Breakfast N L(17) Retail Sales and Service N L(11) Restaurant or Private Club N SUP Drive-through Facility N L(17) Professional Services and Offices N SUP Quick Vehicle Servicing N P Laundry Facilities p SUP Outdoor Recreation N L(14) Administrative or Research Facilities N L(14) Broadcasting or Production Studio Industrial Land Use Categories N L(21) Bakeries N P Veterinary Clinics Institutional Land Use Categories 5 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 Medical Centers N P Elderly Housing SUP P Table Legend: P – Permitted N – Not permitted SUP – Specific Use Permit L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1.The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4.One additional parking space shall be provided that conforms to the off- street parking provisions of this Chapter. 5.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(4) = Multi-family is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or 5.If allowed by a City Council approved neighborhood (small area) plan. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L (40) =Limited to a maximum 12 units per acre. DEPARTMENT AND The Development Review Committee has reviewed this application. AGENCY REVIEW: No issues pertinent to the requested zoning change were identified. 6 FINDINGS: The criteria for approval of Zoning Amendments, per 35.3.4.B.2 of the Denton Development Code require that: 1. The proposed rezoning conforms to the Future Land Use element of the Denton Plan, and The requested zoning change conforms to the future land use designation of Neighborhood Center for this property, as defined by the Denton Plan. 2. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. As part of the platting and development processes, the applicant will be improving Hickory Creek Road and Teasley Lane, including the intersection. The proposed rezoning and associated development will facilitate the adequate provision of transportation, water, sewer, and other public requirements through the platting and development process. 7 EXHIBIT 2 LOCATION MAP ~ _ I I l~ l ~S y l,~~,J, ~ ~ 1 s r 1 ~y I r'E' r f ! Y _ I ✓ y a v d 1t ir- A 'Al IN _ - - J T P. L F , ILL 1 I .-Lij 1C dk ~ y , I 1 CJ -J -,F:,.l , t p lopol y 'r F 1 r' ^ r-7- f 1 [r ^J (r I.° ? F' f 1 r" t' s f " " t 4 540 270 0 540 Feed 8 EXHIBIT 3 EXISTING ZONING MAP H,EM1NGWAY z Q f~ CI) ~O h-' CL U) uU co 12 O J r. ~I V c DE` FRT NO,~VVL IN NR-2 R-4 f~J f ETJ SAIJULF PD HICKORY CRLLK NR-2 I Subject Property R6 NR-6 T~ ACORN BEND NRA MONTECITO ETJ 11 ;540 270 0 NRMU OGEAN R-4 } LL i Q L1.€ ETJ 540 Feed 9 EXHIBIT 4 PROPOSED ZONING MAP 540 270 0 540 Feet 10 EXHIBIT 5 FUTURE LAND USE MAP ~M,S~GWAY LSERT H z NOWLIN O z Ca z r - . J LL ADDLE HICKORY -REE~G Neighborhood ,mss Center L ~n w Subject Property 0 d OCEAN LIGH THOU SE M ~C ' me Existing- Land-Use m n~~o~v cE~o 11 5401 270 0 540 Feed 11 EXHIBIT 6 NOTIFICATION INFORMATION Public Notification Date: June 17, 2007 200' Legal Notices* sent via Certified Mail: 10 Number of responses to 200' Legal Notice: ■ In Opposition: 1(4.7%) ■ In Favor: 1 ■ Neutral: * - A copy of the notification list is available at City Hall West, 221 N. Elm Street, Denton, TX 12 EXHIBIT 7 LETTER FROM APPLICANT Letter of Intent Salvo Retail Center Southwest Corner of Hickory and Teasley Denton, Texas The applicant is seeking permission to rezone the property that is subject to this requ to an NRMU district to allow for the construction of a neighborhood oriented retail center. The existing zoning on this property is NR-G. This center will have a mix of 4 uses that are geared toward accommodating the needs of the residential neighborhoo the immediate vicinity. This property is similarly situated to the property immediatel the cast which was recently rezoned to NRMU to accommodate a Kroger and suppor retail operations. The applicant has been working with city staff on infrastructure iss+ and there will be adequate public facilities to accommodate this project. 13 EXHIBIT 8 SITE PHOTOGRAPHS a- View of property from Hickory Creek Road, looking toward the south. View of property from Teasley Lane, looking toward the west. A The intersection of Hickory Creek Road and From the corner of Hickory Creek Road and Teasley Lane, the site of the future Kroger Teasley Lane, looking south. development. 14 EXHIBIT 9 RESPONSES TO PUBLIC NOTIFICATION NOTWE OF PUBLIC HEARING re r'',rE-1E114 1"t] 1101"4~ 1orN I';!: II :r F€'Su f - [ Wifie ! €7.. r i ul.'rA 7 u11.•r'ra f 1 f '1h I [I't 1 17 11 lW,,rl "II _ 4 I. I o :11 Er i I [.',-:11 I ~ =17 ] J`_q Ii ] y~i ' I11 II ilk ? aA h'7;. 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Tht i3' vF t PAMOjig adl Pf Ajk4rar wwr pit"i i t.?J i( l Df The I NOW Naaw (110. 1--;- PAPAwd 16 EXHIBIT 10 MINUTES FROM PLANNING AND ZONING COMMISSION PUBLIC HEARING, JUNE 24, 2007 17 18 AGENDA INFORMATION SHEET AGENDA DATE: August 7, 2007 DEPARTMENT: City Manager’s Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City’s Boards and Commissions. BACKGROUND The following boards/commissions require nominations: Construction Advisory & Appeals Board – Council Member Montgomery Human Services Advisory Committee – Council Member Montgomery Zoning Board of Adjustment – Council Member Heggins If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\Boards & Comm\Agenda Info Sheet for Vacancies.doc