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Home My WebLink AboutAugust 21, 2007 Agenda AGENDA CITY OF DENTON CITY COUNCIL August 21, 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 21, 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 21, 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 participation of other agencies in the new animal shelter. 4.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 consultation with the City Attorney – Under Texas Government Code Section 551.071 and Section 551.087 – Deliberations regarding Economic Development Negotiations. 1.Receive a report and hold 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 (Texas) L.L.C. with respect to development of a distribution center. This discussion shall include commercial and financial information the City Council has received from Aldi (Texas) L.L.C., 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. B. Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section 551.071. 1. Consider and discuss status of litigation styled McFarling, et al. v. City of Denton, Cause No. 02-06-00238-CV, currently pending in the Court of Appeals, Second District of Texas, Fort Worth Division. City of Denton City Council Agenda August 21, 2007 Page 2 C. Consultation with Attorney -- Under Tex. Gov’t Code §551.071. 1. Discuss legal issues relating to City oil and gas leases, including contemplated litigation, and including 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 chapter. 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 21, 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 state under God, one and indivisible." 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards B.July and August Yard-of-the-Month Awards 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. City of Denton City Council Agenda August 21, 2007 Page 3 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – I). 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 – I below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance of the City of Denton, Texas, amending the code of ordinances of the City of Denton, by amending Chapter 18 Article IX, automated traffic signal enforcement; providing a severability clause; providing for the imposition of a civil penalty of $75.00; and providing an effective date. B. Consider the appointment of an assistant judge to serve as a hearing officer in compliance with the adoption of an ordinance amending Chapter 18 Article IX, relating to automated traffic signal enforcement. C.Consider adoption of an ordinance approving a mutual aid agreement between the City of Denton and Denton Independent School District for mass evacuation during times of catastrophic events, emergencies or disasters; and providing for an effective date. D.Consider a request for an exception to the Noise Ordinance for amplified sound on Sunday, September 23, 2007, for the Texas Bicycle Racing Association event hosted by the Greater Denton Sports Commission. The event will be held from 12:00 noon until 7:00 p.m. and will cover several of the downtown streets. Public address system will be used to make announcements and conduct the races. E.Consider adoption of an ordinance approving the expenditure of funds for the purchase of educational commercial airtime for Denton Municipal Electric available from only one source in accordance with the provisions for state law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3849–Purchase of Educational Commercial Airtime for Denton Municipal Electric awarded to Time Warner Cable Media Sales in an amount not to exceed $51,272). The Public Utilities Board recommends approval (4-0). F.Consider adoption of an ordinance of the City of Denton, Texas approving an agreement between the City of Denton and the Denton Record Chronicle; approving the expenditure of funds for the purchase of legal advertising services available from only one source in accordance with the provisions of the state law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3858-Agreement with the Denton Record Chronicle in the amount of $8.40 per column inch for an estimated award of $35,000). G.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for Deposit of Costs for Perimeter Paving with AHY, LC; and providing an effective date. City of Denton City Council Agenda August 21, 2007 Page 4 H.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Texas Filmmakers to support the 2007 Thin Line Film Festival Celebration; providing for the expenditure of funds therefore; and providing for an effective date. ($100) I.Consider approval of an ordinance authorizing the City Attorneys to initiate litigation against Range Resources, its successors and assigns; authorizing the City Attorney to seek the assistance of outside counsel; and providing an effective date. 4.PUBLIC HEARINGS A.Hold the second 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). (A07-0001, Westview Commercial) The Planning and Zoning Commission recommends approval (5-0). B.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as Reinvestment Zone VIII for commercial/industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance authorizing the Mayor to execute a Tax Abatement Agreement with Aldi (Texas) L.L.C.; setting forth all the required terms of the Tax Abatement Agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions precedent to Aldi (Texas) L.L.C., a Texas limited liability company, receiving the Tax Abatement; providing for a severability clause; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0). B. Consider approval of a resolution placing a proposal on the September 25, 2007, City Council agenda to adopt a 2007 tax rate that will exceed the effective tax rate; calling two public hearings on a tax increase to be held September 11, 2007, and September 18, 2007; requiring publication of a Notice of Public Hearing on Tax Increase in accordance with the law; and providing an effective date. C. Consider adoption of an ordinance directing the publication of Notice of Intention to issue certificates of obligation totaling approximately $7,065,000 for miscellaneous drainage improvements; and providing for an effective date. City of Denton City Council Agenda August 21, 2007 Page 5 D. Consider adoption of an ordinance accepting proposals and awarding a contract for the purchase of “Residential Curbside Single-Stream Recycling Collection and Processing Services” to those Denton Residential Solid Waste Customers as determined by the City Council; providing for the expenditure of funds therefor; and providing an effective date (Request for Proposal No. 3811 [Item 1 of RFP only – “Residential Curbside Single-Stream Recycling Collection and Processing Services; awarded to Allied Waste Services, Inc., dba Allied Waste Systems of Justin). The Public Utilities Board recommends approval (4-0). E. Consider nominations/appointments to City boards and commissions. F. Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: A.Marti Settle regarding storage trailers in front yards. B.Nell Yeldell regarding the City tapping into people’s phone lines. C.Yolanda Dale regarding the MLK Center manager. D.Patsy Brooks regarding the MLK Center manager. E.Dorothy Schufford regarding the MLK Center manager. F.Thomas Murray regarding the MLK Center. G.Shirley Hillman regarding the MLK Recreation Center manager’s position. H.Willie Hudspeth regarding the manager of the Martin Luther King Center. I.Marcella Franklin regarding the MLK Center management. G. 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. H. City Manager’s Report I. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. J. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2007 at ________o'clock (a.m.) (p.m.) ____________________________________ CITY SECRETARY City of Denton City Council Agenda August 21, 2007 Page 6 NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Solid Waste ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Re regarding the City's recycling ½»·ª» ¿ ®»°±®¬ô ¸±´¼ ¿ ¼·½«·±² ¿²¼ ¹·ª» ¬¿ºº ¼·®»½¬·±² 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 1,200 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 FY 2008 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 OPTIONS The results of RFP negotiations and city staff recommendations will go to the Public Utility Board (PUB) on August 13, 2007 for direction and action. The fiscal information provided herein may change based on direction from the PUB. EXHIBITS 1.Summary of Curbside Recycling Proposals. 2.Summary of Cart Maintenance Proposals. 3.Summary of Drop-Off Site Proposal. 4.Summary of Materials Recovery Facility 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 Ý¿®®±´´¬±²ôØ«®¬ôÓ½Õ·²²»§ôÐ®±°»®ôß´´»²ôÛ«´»ôÚ®·½±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» í¿«¬±³¿¬»¼·¼»´±¿¼ ´±¿¼¬®«½µô±²»³¿²°»®ì¿«¬±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»§ôë ÓÚôéæíðëæíðò 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¬±¬¿´ Û¨¸·¾·¬ î Û¨¸·¾·¬ í 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¿§ ©»»µô¾«·²» Ü»²¬±²òÑ°»²º·ª»¼¿§ññ ¸±«®ò ©»»µô¾«·²»¸±«®ò Customer Service üøïìïôçëîòðð÷üøíêíôéððòðð÷ Rates / Charge/Expense üìêôîçéòððüêôðððòðð Revenue -Commodities üøçëôêëëòðð÷üøíëéôéððòðð÷ Net Value - Annual Û¨¸·¾·¬ ì 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¬ ¸¿°®±°±»¼¬¸¿¬¬¸»§ ³¿®µ»¬®¿¬»øêðûéëû÷òÐ®¿¬¬ °¿§²±°®±°»®¬§¬¿¨»ò Rates / Charges AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Police ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding the participation of other agencies in the new animal shelter. BACKGROUND The City has entered into an agreement with the non-profit Denton Animal Shelter Foundation as the first step toward the construction of a new animal shelter. The next step in the process is the completion of a master plan for the new shelter. This plan will determine the necessary size and amenities of the new shelter, which is required before the cost of the new shelter can be determined. In addition to providing space and services to animals from within the city limits, the City currently has interlocal agreements for shelter space and services with Corinth, Denton County, Krum, and Roanoke. As the process to develop the master plan for the shelter begins, several key questions must be addressed concerning interlocal agencies and the new shelter. These issues are listed below. Participation The size requirement for a new shelter is determined by 1200 examining the historical growth 1000 trends, current space needs and Denton the anticipated growth trend for County 800 the next 10 years. Currently, the Roanoke interlocal agencies provide 600 Corinth approximately 30 percent of the 400 animals handled in the shelter Krum each year. While the total number 200 of animals serviced continues to rise, the percentage of interlocal 0 agency animals has remained 200520062007 fairly steady. Figure 1 shows the number of animals handled by Figure 1 the shelter for interlocal agencies since 2005. Agenda Information Sheet August 21, 2007 Page 2 As the area continues to experience strong growth, it is not probable that the animal shelter population will diminish. Of particular concern for the new shelter is the ability to project the potential animal shelter space needs for Denton County. Projecting the potential growth, infill and development for Denton County is very difficult. As shown in figure 1, the number of animals housed for Denton County has increased more than 37 1 percent since 2005. Once an agreement is made to include other agencies in a new shelter project, it will be difficult to extricate the city from such an agreement, particularly if these agencies have made financial contributions on the capital project. Providing accurate numbers for the animal population is essential. A number of recently constructed shelters have failed to adequately plan for future growth, resulting in significant public image issues for the primary agency and exorbitant capital costs for unplanned expansion. The significance of the participation of the interlocal agencies with the new shelter is considerable. Research shows the ratios between animal population and square footage are directly linked. This relationship means adequate space to service multiple agencies is critical. For example, initial estimates for a new shelter designed to handle City of Denton animals and the current interlocal agency animals place the size at approximately 14,000 square feet. Comparatively, the same shelter designed to only handle City of Denton animals would be approximately 9,800 square feet. Based on a number of recently built animal shelters, the current construction cost estimates for an animal shelter are $250 - $300 per square foot. At $250 per square foot, the size difference shown above results in a cost difference of more than $1 million. Likewise, the shelter staff requirements for handling more animals are greater. This results in higher operational costs to the City. Capital Costs Provided that the interlocal agreements were to continue, the issue of capital costs must be examined. Because there is no outstanding capital debt on the current shelter structure, there is no capital cost recovery passed on to the interlocal agencies. As shown above, if these agencies continue to house animals in the new shelter, it will require that a much larger facility be built than what would be required for the City of Denton animals only. In May 2006, staff presented a comprehensive cost analysis report on the animal shelter. This report included information on a financing plan for a new capital structure and the impact to each interlocal agency if the City of Denton were to fund the entire project. This plan would require each interlocal agency to make annual payments to the City 1 2007 figures projected from Jan – July 2007 numbers Agenda Information Sheet August 21, 2007 Page 3 based on their percentage of the total animal population. Figure 2 provides the financial impact for a 20-year and 30-year financing plan based on a projected cost of $3.95 2 million . Similarly, the City could opt to ask each interlocal agency to finance their percentage of the capital cost. This would allow each agency to make independent financing decisions while still ensuring that the City was recovering the capital expenditures related to each agency’s shelter space needs. Within the discussion of recovering capital costs, the non-profit Denton Animal Shelter Foundation’s capital campaign must be considered. This organization has agreed to conduct a fundraising campaign to help build the new shelter. Their campaign target figure will be dependent on the capital cost recovery plan for the interlocal agencies. Description 20-Year 30-Year FINANCING $3,955,000 $6,664,176 $8,308,912 Total Interest (5.75%) $2,709,176 $4,353,912 Annual Payment $333,209 $276,964 Annual Cost per Agency (based on % of shelter population) City of Denton (71%) $236,579 $196,645 Denton County (20%) $66,642 $55,393 City of Corinth (5%) $16,660 $13,848 City of Roanoke (3%) $9,996 $8,309 City of Krum (1%) $3,332 $2,769 Figure 2 Operational Costs The current interlocal agreements provide for each agency to be billed monthly per animal/per service. The 2006 Cost Analysis Report indicates that 49 percent of the revenue generated by the shelter comes from the interlocal agencies. However, the total revenue generated by the shelter is only equal to roughly 20percent of the shelter’s budgeted expenses. The current fee structure was revised in 2006 in order to increase the amount of operating costs that are recovered for each animal. The majority of the costs for interlocal agency animals are recovered. Unfortunately, animal shelters cannot fully recoup all of the costs involved in handling animals, resulting in the City of Denton subsidizing some of the costs involved in holding interlocal agency animals. A larger facility will require additional staff and increased operational costs. These fees will be difficult to calculate accurately until the shelter is open and has been operating long enough to provide sufficient data. 2 The cost is estimated solely to show the financial breakdown. Agenda Information Sheet August 21, 2007 Page 4 Under the current billing structure, each agency is billed for the past month’s services. It is somewhat difficult for the interlocal agencies to plan and budget for unknown expenses. Likewise, animal services staff members spend considerable time each month tracking and compiling billing information for each interlocal agency animal. Alternately, a fee structure could be developed whereby each agency pays a flat annual fee to cover their portion of the operational costs to operate the facility. This structure allows each agency to budget and plan for a known annual cost. It also allows staff to avoid compiling comprehensive monthly bills for each agency. The average number of animals housed can be examined annually to determine if any changes to the calculations should be made for the next year. A number of animal shelters that provide shelter space for other agencies are utilizing an annual flat fee structure. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Discussions related to the operations of the Animal Shelter and the formation of an Animal Shelter Foundation have been discussed in the following City Council Work Sessions: May 16, 2006 February 14, 2006 December 13, 2005 RECOMMENDATION Staff is seeking City Council direction on the following questions. 1.Should the City of Denton continue the current interlocal agreements in the new shelter? 2.Should the interlocal agencies pay for a portion of the capital costs to construct the new shelter? 3.Should interlocal agencies be billed a flat annual fee calculated on an average cost times the average number of animals housed at the shelter? ESTIMATED SCHEDULE OF PROJECT Council direction regarding the funding mechanism for the capital costs of the project will determine the scope of the master plan. FISCAL INFORMATION Capital costs and operational costs have been addressed previously in this report. Capital costs are estimated at $3.95 million and operational costs are dependent on a per animal/per service expenditure allocation for each interlocal agency. Agenda Information Sheet August 21, 2007 Page 5 Respectfully submitted, Roy W. Minter, Jr. Chief of Police Prepared by: Lt. Scott Fletcher Special Enforcement Division AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 2007-08 Budget and the Capital Improvement Program. BACKGROUND The 2007-08 Proposed Budget was submitted to the City Council 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 Council members to ask any follow-up questions regarding the proposed budget. The following describes the schedule to adopt the budget and tax rate. August 21 Vote to Consider a Proposal for a Tax Increase prior to publishing Notice of Hearing Vote on Notice of Intent to Issue Drainage Bonds September 11 Public Hearings on Budget and Tax Rate (1st Hearing) September 18 Second Public Hearing on Tax Rate September 25 City Council Adopts Budgets and Tax Rate October 2 Approve Drainage Bond Sale Respectfully submitted: Jon Fortune Assistant City Manager AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Police ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, amending the Code of Ordinances of the City of Denton, by amending Chapter 18 Article IX, Automated Traffic Signal Enforcement; providing a severability clause; providing for the imposition of a civil penalty of $75.00; and providing an effective date. BACKGROUND On December 7, 2004, City Council adopted Chapter 18 Article IX establishing the automated traffic signal enforcement program. This article provided for the use of red light cameras at intersections in the city. The City contracted with Redflex Traffic Systems to install and operate the camera system. Six cameras were installed and went into operation in April 2006. On June 15, 2007, Governor Perry signed new legislation (Transportation Code Chapter 707) that authorizes the use of photographic traffic signal enforcement. This new legislation will have an impact on the operation of our photo enforcement program and will require an amendment to the existing photo enforcement ordinance. The following is a synopsis of the impact of the new legislation. New Intersections Prior to the new legislation, Redflex conducted video analysis of selected intersections at the request of City staff to determine the number of red light violations that occur in a twelve hour period. This information, along with a review of traffic accidents and enforcement activity, was used to help determine suitable sites for photo enforcement cameras. Under the new legislation, the City is required to conduct a traffic engineering study to determine if changes in signalization and/or design, alone or in conjunction with the use of a camera system, would help to reduce the number of red light violations. Further, the City must consider the traffic volume, history of accidents, and the frequency of red light violations as the basis for the selection of specific intersections for red light cameras. Advisory Committee The initial red light camera intersections were presented to City Council for approval. Under the new legislation, the City Council must appoint a citizens advisory committee to advise the City on the installation and operation of the photo enforcement program. The committee must be made up of a single appointee from each elected Council member. The existing Traffic Safety 1 Commission meets the legislative mandate. Unless Council directs otherwise, staff recommends that Council designate the Traffic Safety Commission as the advisory committee for the photo enforcement program. Reporting Procedures The City is required to produce annual reports on the number and types of accidents at red light camera intersections to determine if the camera systems result in a reduction of accidents or a reduction in the severity of accidents at these locations. This information will be compiled by TXDOT to determine if the camera systems are effective in reducing red light-related accidents. Hearing Officer Violations recorded through the automated traffic signal enforcement program are handled as civil matters. The registered owner of a vehicle in violation is notified of the violation and is afforded the right to request a hearing to determine their liability for the violation. The process is similar to the right to trial under the criminal process. The Municipal Judge appointed Ann Poston, one of our part-time Municipal Judges, as the hearing officer for automated traffic enforcement violations. Under the revised ordinance, the responsibility for this appointment shifts to the City Council. A companion agenda item is provided for the appointment of Ann Poston to continue serving as the hearing officer. Revenue The City is allowed to use proceeds from the automated traffic enforcement program to pay for the operational and equipment costs of the system, including payment of the vendor, personnel costs to review and approve violations, and the administration of the program. Out of the remaining proceeds from the camera system, the City is required to remit one-half of the net revenue to the State. The remaining one-half of the net revenue must be deposited in a special account to fund traffic safety programs (pedestrian safety, public safety, intersection improvements, and traffic enforcement). We currently deposit all funds from the automated traffic enforcement program into a Traffic Safety Fund with the same spending limitations. OPTIONS 1. Council can approve the ordinance as revised. 2. Council can disapprove the ordinance as revised. RECOMMENDATION Staff recommends Council approve the ordinance as revised. PRIOR ACTION/REVIEW City Council Work Session October 4, 2004. City Council Meeting December 7, 2004. 2 FISCAL IMPACT The new legislation and ordinance revisions will have the biggest fiscal impact from the revenue sharing provisions. However, since the legislation provides for the revenue to be shared only after covering the operational and equipment costs, the automated traffic enforcement program will continue to operate without requiring the use of general funds. The reporting and traffic study requirements of the legislation will not have a significant fiscal impact, and these costs should be covered by the program revenue. Respectfully submitted, Roy W. Minter, Jr. Chief of Police Prepared by: Lt. Scott Fletcher Special Enforcement Division 3 c:\documents and settings\slclemmo\my documents\sb 1119.doc ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, BY AMENDING CHAPTER 18 ARTICLE IX, AUTOMATED TRAFFIC SIGNAL ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE IMPOSITION OF A CIVIL PENALTY OF $75.00; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 18 Article IX of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: Sec. 18-230. Definitions. Department shall mean the Police Department of the City of Denton, Texas. Intersection shall mean the place or area where two or more streets intersect. Owner shall mean the owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or the analogous department or agency of another state or country. Photographic traffic signal enforcement system means a system that: (1) consists of a camera system and vehicle sensor installed to exclusively work in conjunction with an electrically operated traffic control signal; and (2) is capable of producing at least two recorded images that depict the license plate attached to the front or the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic control signal. Recorded image shall mean a photographic or digital image that depicts the front or the rear of a motor vehicle. Traffic control signal shall mean a traffic control device that displays alternating red, amber and green lights that directs traffic when to stop at or proceed through an intersection. System location shall mean the approach to an intersection toward which a photographic traffic monitoring system is directed and in operation. Sec. 18-231. Imposition of Civil Penalty for Violations. (a) The City Council finds and determines that a vehicle that proceeds into an intersection ed signal damages the public by endangering motor vehicle operators and pedestrians alike, by decreasing the c:\documents and settings\slclemmo\my documents\sb 1119.doc efficiency of traffic control and traffic flow efforts, and by increasing the number of serious accidents to which public safety agencies must respond at the expense of the taxpayers. (b) The owner of a motor vehicle is liable for a civil penalty of seventy-five dollars ($75.00) if the motor vehicle proceeds into an intersection at a system location when the traffic control signal for that motor (c) An owner who fails to timely pay the civil penalty shall be subject to a late payment penalty of twenty-five dollars ($25.00). (d) The imposition of a civil penalty under this chapter is not a conviction and may not be considered a conviction for any purpose. Sec 18-232. Enforcement Procedures. (a) The Department is responsible for the enforcement and administration of this Article. (b) In order to impose a civil penalty under this Article, the Department shall mail a th notice of violation to the owner of the motor vehicle liable for the civil penalty not later than the 30 day after the date the violation is alleged to have occurred to: (1) he registration records of the Texas Department of Transportation; or (2) shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation. (c) A notice of violation issued under this Article shall contain the following: (1) a description of the violation alleged; (2) the location of the intersection where the violation occurred; (3) the date and time of the violation; (4) the name and address of the owner of the vehicle involved in the violation; (5) the registration number displayed on the license plate of the vehicle involved in the violation; (6) a copy of a recorded image of the violation limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation; Page 2 c:\documents and settings\slclemmo\my documents\sb 1119.doc (7) the amount of the civil penalty for which the owner is liable; (8) the number of days the owner has in which to pay or contest the imposition of the civil penalty and a statement that the owner incurs a late payment penalty if the civil penalty is not paid or imposition of the penalty is not contested within that period; (9) a statement that the owner of the vehicle in the notice of violation may elect to pay the civil penalty by mail sent to a specified address instead of appearing at the time and place of the administrative adjudication hearing; and (10) information that informs the owner of the vehicle named in the notice of violation: a. of the owner's right to contest the imposition of the civil penalty against the owner in an administrative adjudication hearing; b. that imposition of the civil penalty may be contested by submitting a written request for an administrative adjudication hearing before the expiration of the period specified under Subsection (c) (8); and c. that failure to pay the civil penalty or to contest liability for the penalty in a timely manner is an admission of liability and a waiver of the owner's right to appeal the imposition of the civil penalty. d. If the owner of the motor vehicle fails to timely pay the amount of the civil penalty imposed against the owner: 1. an arrest warrant may not be issued for the owner; and 2. the imposition of the civil penalty may not be recorded on the owner's driving record. (d) A notice of violation is presumed to have been received on the fifth day after the date the notice is mailed. Sec. 18-233. Installation and Operation of Photographic Traffic Signal Enforcement System. (a) Before installing a photographic traffic signal enforcement system at an intersection approach, the Department shall conduct a traffic engineering study of the approach to determine whether, in addition to or as an alternative to the system, a design change to the approach or a change in the signalization of the intersection is likely to reduce the number of red light violations at the intersection. Page 3 c:\documents and settings\slclemmo\my documents\sb 1119.doc (b) An intersection approach must be selected for the installation of a photographic traffic signal enforcement system based on traffic volume, the history of accidents at the approach, the number or frequency of red light violations at the intersection, and similar traffic engineering and safety criteria, without regard to the ethnic or socioeconomic characteristics of the area in which the approach is located. (c) The Department shall report results of the traffic engineering study required by Subsection (b) to the citizen advisory committee. The committee shall advise the local department on the installation and operation of a photographic traffic signal enforcement system established under this Article. (d) The Department shall install signs along each roadway that leads to an intersection at which a photographic traffic signal enforcement system is in active use. The signs must be at least 100 feet from the intersection or located according to standards established in the manual adopted by the Texas Transportation Commission under Texas Transportation Code Section 544.001, be easily readable to any operator approaching the intersection, and clearly indicate the presence of a photographic monitoring system that records violations that may result in the issuance of a notice of violation and the imposition of a monetary penalty. (e) The City or the entity with which the City contracts for the administration and enforcement of a photographic traffic signal enforcement system may not provide information about a civil penalty imposed under this Article to a credit bureau, as defined by Texas Finance Code Section 392.001. Sec. 18-234. Report of Accidents. (a) Before installing a photographic traffic signal enforcement system at an intersection approach, the Department shall compile a written report of the number and type of traffic accidents that have occurred at the intersection for a period of at least 18 months before the date of the report. (b) Not later than six months after the date of the installation of the photographic traffic signal enforcement system at the intersection, the Department shall provide the Texas Department of Transportation a copy of the report required by Subsection (a). (c) After installing a photographic traffic signal enforcement system at an intersection approach, the Department shall monitor and annually report to the Texas Department of Transportation the number and type of traffic accidents at the intersection to determine whether the system results in a reduction in accidents or a reduction in the severity of accidents. (d) The report must be in writing in the form prescribed by the Texas Department of Transportation. Sec. 18-235. Minimum Change Interval . At an intersection at which a photographic traffic monitoring system is in use, the minimum change interval for a steady yellow signal must be established in accordance with the Texas Manual Page 4 c:\documents and settings\slclemmo\my documents\sb 1119.doc on Uniform Traffic Control Devices. Sec. 18-236. Deposit of Revenue from Certain Traffic Penalties. (a) Not later than the 60th day after the end of fiscal year, after deducting amounts the City is authorized by Subsection (b) to retain, the City shall: (1) send 50 percent of the revenue derived from civil or administrative penalties collected by the City under this section to the Comptroller; and (2) deposit the remainder of the revenue in a special account in the City's treasury that may be used only to fund traffic safety programs, including pedestrian safety programs, public safety programs, intersection improvements, and traffic enforcement. (b) The City shall retain an amount necessary to cover the costs of: (1) purchasing or leasing equipment that is part of or used in connection with the photographic traffic signal enforcement system in thecity; (2) installing the photographic traffic signal enforcement system at sites in the city, including the costs of installing cameras, flashes, computer equipment, loop sensors, detectors, utility lines, data lines, poles and mounts, networking equipment, and associated labor costs; (3) operating the photographic traffic signal enforcement system in the city, including the costs of creating, distributing, and delivering violation notices, review of violations conducted by employees of the City, the processing of fine payments and collections, and the costs associated with administrative adjudications and appeals; and (4) maintaining the general upkeep and functioning of the photographic traffic signal enforcement system. Sec. 18-237. Effect on Other Enforcement. (a) The implementation of a photographic traffic signal enforcement system under this Article does not: (1) preclude the application or enforcement in the city of Texas Transportation Code Section 544.007(d) in the manner prescribed by Texas Transportation Code Chapter 543; or (2) prohibit a peace officer from arresting a violator of Texas Transportation Code Section 544.007(d) as provided by Texas Transportation Code Chapter 543, if the peace officer personally witnesses the violation, or from issuing Page 5 c:\documents and settings\slclemmo\my documents\sb 1119.doc the violator a citation and notice to appear as provided by that Chapter. (b) No civil penalty shall be imposed on the owner of a motor vehicle if the operator of the vehicle was arrested or issued a citation and notice to appear by a peace officer for the same violation of Texas Transportation Code Section 544.007(d) recorded by the photographic traffic signal enforcement system. Sec. 18-238. Admission of Liability. A person who fails to pay the civil penalty or to contest liability for the penalty in a timely manner or who requests an administrative adjudication hearing to contest the imposition of the civil penalty against the person and fails to appear at that hearing is considered to: (1) admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the person; and (2) waive the person's right to appeal the imposition of the civil penalty. Sec. 18-239. Presumption . (a) It is presumed that the owner of the motor vehicle committed the violation alleged in the notice of violation mailed to the person if the motor vehicle depicted in a photograph or digital image taken by a photographic traffic signal enforcement system belongs to the owner of the motor vehicle. (b) If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in a photograph or digital image taken by a photographic traffic signal enforcement system was owned by a person in the business of selling, renting, or leasing motor vehicles or by a person who was not the person named in the notice of violation, the presumption under Subsection (a) is rebutted on the presentation of evidence establishing that the vehicle was at that time: (1) being test driven by another person; (2) being rented or leased by the vehicle's owner to another person; or (3) owned by a person who was not the person named in the notice of violation. (c) Notwithstanding Section 18-240, the presentation of evidence under Subsection (b) by a person who is in the business of selling, renting, or leasing motor vehicles or did not own the vehicle at the time of the violation must be made by affidavit, through testimony at the administrative adjudication hearing under Section 18-240, or by a written declaration under penalty of perjury. The affidavit or written declaration may be submitted by mail to the City or the entity with which the City contracts. (d) If the presumption established by Subsection (a) is rebutted under Subsection (b), a civil penalty may not be imposed on the owner of the vehicle or the person named in the notice of Page 6 c:\documents and settings\slclemmo\my documents\sb 1119.doc violation, as applicable. (e) If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in the photograph or digital image taken by the photographic traffic signal enforcement system was owned by a person in the business of renting or leasing motor vehicles and the vehicle was being rented or leased to an individual, the owner of the motor vehicle shall provide to the City or the entity with which the City contracts the name and address of the individual who was renting or leasing the motor vehicle depicted in the photograph or digital image and a statement of the period during which that individual was renting or leasing the vehicle. The owner shall provide the information required by this subsection not later than the 30th day after the date the notice of violation is received. If the owner provides the required information, it is presumed that the individual renting or leasing the motor vehicle committed the violation alleged in the notice of violation and the City or contractor may send a notice of violation to that individual at the address provided by the owner of the motor vehicle. Sec. 18-240. Administrative Adjudication Hearing. (a) A person who receives a notice of violation under this Article may contest the imposition of the civil penalty specified in the notice of violation by filing a written request for an administrative adjudication hearing. The request for a hearing must be filed on or before the date specified in the notice of violation, which may not be earlier than the 30th day after the date the notice of violation was mailed. (b) On receipt of a timely request for an administrative adjudication hearing, the Department shall notify the person of the date and time of the hearing. (c) A hearing officer designated by the City Council shall conduct the administrative adjudication hearing. (d) In an administrative adjudication hearing, the issues must be proven by a preponderance of the evidence. (e) The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the motor vehicle involved in the violation may be attested to by affidavit of an officer or employee of the City or of the entity with which the City contracts who is responsible for inspecting and maintaining the system. (f) An affidavit of an officer or employee of the City or entity that alleges a violation based on an inspection of the applicable recorded image is: (1) admissible in the administrative adjudication hearing and in an appeal under Section 18-242; and (2) evidence of the facts contained in the affidavit. (g) At the conclusion of the administrative adjudication hearing, the hearing officer shall Page 7 c:\documents and settings\slclemmo\my documents\sb 1119.doc enter a finding of liability for the civil penalty or a finding of no liability for the civil penalty. A finding under this subsection must be in writing and be signed and dated by the hearing officer. (h) A finding of liability for a civil penalty must specify the amount of the civil penalty for which the person is liable. If the hearing officer enters a finding of no liability, a civil penalty for the violation may not be imposed against the person. (i) A finding of liability or a finding of no liability entered under this section may: (1) be filed with the clerk or secretary of the City or with a person designated by the governing body of the City; and (2) be recorded on microfilm or microfiche or using data processing techniques. Sec. 18-241. Untimely Request for Administrative Adjudication Hearing. Notwithstanding any other provision of this Article, a person who receives a notice of violation under this Article and who fails to timely pay the amount of the civil penalty or fails to timely request an administrative adjudication hearing is entitled to an administrative adjudication hearing if: (1) the person submits a written request for the hearing to the designated hearing officer, accompanied by an affidavit that attests to the date on which the person received the notice of violation; and (2) the written request and affidavit are submitted to the hearing officer within the same number of days after the date the person received the notice of violation. Sec. 18-242. Appeal. (a) The owner of a motor vehicle determined by a hearing officer to be liable for a civil penalty may appeal that determination to the judge of the Municipal Court by filing an appeal petition with the clerk of the Court. (b) The petition must be: (1) filed before the 31st day after the date on which the administrative adjudication hearing officer entered the finding of liability for the civil penalty; and (2) accompanied by payment of the costs required by law for the Court. (c) The Court clerk shall schedule a hearing and notify the owner of the motor vehicle and the Department of the date, time, and place of the hearing. Page 8 c:\documents and settings\slclemmo\my documents\sb 1119.doc (d) An appeal stays enforcement and collection of the civil penalty imposed against the owner of the motor vehicle. The owner shall file a notarized statement of personal financial obligation to perfect the owner's appeal. (e) An appeal under this section shall be determined by the Court by trial de novo. SECTION 2. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance, is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. This ordinance shall become effective September 1, 2007. PASSED AND APPROVED this the _________ day of ___________________, 2007. __________________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ________________ BY: _________________ Page 9 AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Police ACM: Jon Fortune SUBJECT Consider the appointment of an assistant judge to serve as a hearing officer in compliance with the adoption of an ordinance amending Chapter 18, Article IX, relating to automated traffic signal enforcement. BACKGROUND In compliance with state legislation regarding the authorization of photographic traffic signal enforcement, certain operationformalities require amendments. One of these formalities is the appointment by the City Council, rather than the city manager, of an assistant municipal judge to serve as a hearing officer. The designation of a hearing officer is required by the legislation for the purpose of allowing a person who receives a violation the opportunity to have an administrative adjudication hearing. While the legislation may not specifically prohibit the presiding municipal judge from serving in this capacity, as the municipal court is the court to which any appeals must be made, it is best that the assistant municipal judge be appointed by the City Council. The original automatic traffic signal enforcement ordinance, approved by the City Council in December 2004, also provided for an assistant judgeto be appointed as a hearing officer. The distinction in that ordinance was that the appointment would be made by the city manager. In observance of the new legislation, Council is asked to consider the appointment of our existingassistant judge as thedesignated hearing officer. RECOMMENDATION Staff recommends Council appoint our existingassistant municipal judge to serve as the designated assistant judge in compliance with state legislation. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) City Council Work Session October 4, 2004. City Council Meeting December 7, 2004. Respectfully Submitted, Jon Fortune Assistant City Manager AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Fire ACM: Jon Fortune SUBJECT Consider an ordinance approving a mutual aid agreement between the City of Denton and the Denton Independent School District for mass evacuation during times of catastrophic events, emergencies or disaster; and providing for an effective date. BACKGROUND The City of Denton and Denton Independent School District (DISD) signed a mutual agreement for mass evacuations between the City and DISD on March 13, 2007. The proposed ordinance will formalize the agreement for DISD to "facilitate evacuations during disasters and emergencies." Since the City no longer has control over the bus assets that now belong to Denton County Transportation Authority (DCTA), the City needs to formalize agreements between DCTA and DISD in the event it ever needs transportation assistance to evacuate a neighborhood, nursing home, etc. Just as an update, staff started pursuing a Memorandum of Understanding (MOU) with DCTA, but they did not want to enter into MOU's with every jurisdiction in the County, so they entered into an agreement with Denton County Emergency Services. We would contact the County emergency management coordinator in the event we needed to use DCTA buses. The agreement between DCTA and the County has been approved and ready to go. However, staff wants to go ahead and get an MOU nailed down with DISD as a backup in case we need their assistance as well. The agreement states that the temporary transfer may be requested by the City in response to any public transportation emergency evacuation need in times of an emergency or disaster as defined under Chapter 9 of the Denton City Code, including without limitations: A. Emergency Situations; B. Civil Disorders; C. Natural or Manmade Disasters; D. Terrorist Events; E. Relocation of victims of Disaster or Emergencies; F. Environmental Emergencies; G. Relocations due to Epidemics or Outbreaks of communicable disease; H. Any other matter requiring mass evacuations or relocations. 1 ALLOCATION OF COSTS: When a request is made to DISD, they may provide transportation in the most economical and prudent fashion. Should DISD do so, the City will pay for any associated cost of providing this transportation including the provision of buses, other vehicles, equipment and personnel. Provided however, both DISD and the City will cooperate fully to recover all costs incurred by the mass evacuation event from the Federal Emergency Management Agency, the Department of Homeland Security, or any successor agencies. SPECIFIC DUTIES: DISD agrees to: 1. Provide buses, other vehicles, equipment, personnel and transportation services during emergency evacuation situations via the most economical, but prudent, manner available to transport persons to safe areas, including, without limitation, transportation for evacuation to emergency shelters or alternative facilities established by the American Red Cross, the City, or other authorized entities. 2. Provide priority routing of transport vehicles, if possible. Routing may have to be situation causing the evacuation. 3. Provide an emergency contact number for making this request. 4. Provide a management listing of its personnel who are authorized to respond to a request for assistance as listed in the Addendum which is attached to and made a part of this Agreement for all purposes 5. Participate in City training exercises when requested and be available to do so while this Agreement remains in force. 6. Provide any other emergency transportation services that are warranted and deemed necessary by the parties under the circumstances. The City agrees to: 1. Provide a management listing of personnel who can authorize activation of this Agreement and who can make a request for assistance who are listed in the Addendum. 2. Keep the buses, other vehicles and equipment neat and clean. 3. Follow City-established rules for parking and facility entry. 4. Take appropriate care of the buses, vehicles and other equipment and return them in a timely manner in the same condition as they were in prior to the acceptance of the request for emergency assistance subject only to ordinary wear and tear. 2 5. Conduct periodic training exercises on emergency evacuation in accordance with the 6. Provide a purchase order number for authorization of transportation vehicles. The proposed MOU with DISD is strictly of a precautionary nature. There are no federal or state requirements at this time to enter into this agreement, but proactively, it appears to be a prudent idea. The Agreement includes a listing of individuals authorized to make the request for transportation assistance from the City and who can concur from DISD. Let me know if you have any questions. Respectfully submitted: __________________ Ross Chadwick Fire Chief Attachments: Proposed Ordinance Approving Mutual Aid Agreement with DISD Mutual aid Agreement for Mass Evacuations with DISD 3 AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Parks and Recreation ACM: Howard Martin, 349-8232 SUBJECT Consider a request for an exception to the Noise Ordinance for amplified sound on Sunday, September 23, 2007, for the Texas Bicycle Racing Association event hosted by the Greater Denton Sports Commission. The event will be held from 12:00 noon until 7:00 p.m. and will cover several of the downtown streets. Public address system will be used to make announcements and conduct the races. BACKGROUND The Greater Denton Sports Commission will be hosting its second annual Texas Bicycle Race on September 23, 2007, on the Downtown Square and surrounding streets. The event will attract a number of cyclists from cities throughout the metroplex due to the uniqueness of being able to race on a downtown route. Announcements using amplification will need to be made during and between races. EXHIBITS 1.Letter of Request from Denton Sports Commission Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator Û¨¸·¾·¬ ï AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of educational commercial airtime for Denton Municipal Electric 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 3849-Purchase of Educational Commercial Airtime for Denton Municipal Electric awarded to Time Warner Cable Media Sales in an amount not to exceed $51,272). The Public Utilities Board recommends approval (4-0). FILE INFORMATION Since 1999, DME has used customer surveys to determine the most effective ways to provide its customer base with valuable information. Based on these surveys, cable television is one of the primary ways that customers obtain their information about Denton Municipal Electric and the City of Denton. The University of North Texas conducted the latest customer survey in January of 2004. The survey measured the continued effectiveness of cable television as a source for commercials. Customers still rated cable television as one of the top three best ways to get information to them about electric services. DME is aware that since the 2004 survey Verizon FIOS service has been introduced into Denton. The introduction of this new service has reduced the number of Charter Cable Communications subscribers. DME is planning a survey in the coming months to find out the extent of the subscriber switch. Verizon does not offer an advertising service comparable to that of Time Warner Cable Media Sales, short of contracting with individual cable stations. Since the cost of subscribing with individual cable stations is prohibitive, advertising on Charter Cable is still the most cost effective and reliable option for DME informational commercials to be seen by Denton residents. Time Warner Sales, formerly known as Comcast Advertising, handles all commercial airtime sales for Charter Cable Communication. Starting in 1999, DME has presented a variety of themes to its customers covering deregulation, energy conservation; programs available to customers such as Energy Audits, Budget Billing, Pre-Authorized Bill Payments, eCARE, GreenSense, P-L-U- 100 Years of Service. DME is currently developing a campaign to educate customers about the Energy Audit, Budget Billing, Pre-Authorized Bill Payment, and P-L-U-S One programs. DME will also utilize bill stuffers, the utility bill message section, customer service display stand, website, public information booths at community events, customer workshops, energy audits, local magazines, newspapers, local radio station, schools, apartment complex managers, and realtors. Agenda Information Sheet August 21, 2007 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its August 13, 2007 meeting. RECOMMENDATION Award to Time Warner Cable Media Sales in an amount not to exceed $51,272. PRINCIPAL PLACE OF BUSINESS Time Warner Cable Media Sales Denton, TX ESTIMATED SCHEDULE OF PROJECT The schedule for advertisements runs from October 1, 2007 through September 28, 2008. FISCAL INFORMATION Funding will be provided from account 600900.7912.9130A. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Denton Municipal Electric Cable Television Schedule 2007-2008 Attachment 2: Terms and Conditions of Advertising Contract 1-AIS-File 3849 Attachment 1 Denton Municipal Electric Cable TV Schedule 2007-2008 Network Start End Start Time per week spot rate Total Spots Tot. Amt. 1. CNN 10/2/06 9/30/07 M-F 6a-9a 5 $9.00 260 $2,340 CNN 10/2/06 9/30/07 M-F 6p-12m 8 $18.00 416 $7,488 CNN 10/2/06 9/30/07 Sa-Su 6a-12m 8 $5.00 416 $2,080 2. Fox N. 10/2/06 9/30/07 M-F 6a-9a 5 $9.00 260 $2,340 Fox N. 10/2/06 9/30/07 M-F 6p-12m 5 $21.00 260 $5,460 Fox N. 10/2/06 9/30/07 Sa-Su 6a-12m 6 $5.00 260 $1,300 3. HGTV 10/2/06 9/30/07 M-F 6p-12m 7 $26.00 364 $9,464 HGTV 10/2/06 9/30/07 Sa-Su 6a-12m 7 $13.00 364 $4,732 4. MSNBC 10/2/06 9/30/07 M-F 6a-9a 5 $2.00 260 $520 5..Discovery 10/2/06 9/30/07 M-F 6p-12m 5 $25.00 260 $6,500 Discovery 10/2/06 9/30/07 Sa-Su 6a-12m 5 $11.00 260 $2,860 6. MTV 10/2/06 9/30/07 M-F 6pm-12m 6 $19.00 312 $5,928 Weekly Totals: 72 commercials Campaign Total: 3,744 commercials Total Cost: $51,012 Average Spot Cost: $13.62 ORDINANCE NO. ____________ AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF EDUCATIONAL COMMERCIAL AIRTIME FOR DENTON MUNICIPAL ELECTRIC, AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3849-PURCHASE OF EDUCATIONAL COMMERCIAL AIRTIME FOR DENTON MUNICIPAL ELECTRIC AWARDED TO TIME WARNER CABLE MEDIA SALES IN AN AMOUNT NOT TO EXCEED $51,272). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as as well as the license terms attached, are hereby approved: FILE NUMBER VENDOR AMOUNT 3849 Time Warner Cable Media Sales $51,272 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1, and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 4-ORD-File 3858 DRAFT MINUTES PUBLIC UTILITIES BOARD August 13, 2007 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on Monday, August 13, 2007 at 9:12 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Charldean Newell, Bob Bland, John Baines and Randy Robinson Absent : Dick Smith, Bill Cheek and Phil Gallivan, excused Ex Officio Members: Howard Martin, ACM Utilities George C. Campbell, City Manager, excused OPEN MEETING: CONSENT AGENDA: has had an opportunity to raise questions regarding these items prior to consideration. 1) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to American Electric Power (AEP) for providing energy transmission services to the City of Denton; and providing an effective date (File 3846-2007 Electrical Energy Transmission Fees American Electric Power in the total amount of $39,928.06). 2) Consider a recommendation for approval of an Agreement between Denton Municipal Electric and Time Warner Cable Media Sales for FY08 educational commercial airtime in the amount of $51,272. 3) Consider a recommendation for approval of Bid No. 3783A from Ana-Lab Corporation for the Environmental Laboratory Contract of the Denton Municipal Laboratory. Board Member Randy Robinson moved to approve with a second from Board Member Bob Bland. The motion was approved by a 4-0 vote. ITEMS FOR INDIVIDUAL CONSIDERATION : 4) Consider recommending approval of the Public Utilities Board meeting minutes of: a) July 23, 2007 The minutes were approved as circulated. Public Utilities Board Agenda August 13, 2007 2 of 4 5) Consider recommending approval of the Denton Municipal Electric (DME) Water, Wastewater, Solid Waste Rate, Engineering and Miscellaneous Fees Ordinances for FY 2007-08. Howard Martin, ACM, stated that the rate ordinances for consideration support the capital plan and budgeting process that and most of the rate ordinances with the exception of the water and solid waste are very straight forward with either no changes or very minor changes, staff is prepared to go through the water ordinance first, then the solid waste and if the Board has any questions on any of the others, staff will respond at that time. Tim Fisher, Assistant Director of Water Utilities, presented the Water Ordinance stating that the proposed rate changes would support the proposed FY 2007-08 budget and FY 2008-12 CIP. As part of the Water budget discussions, staff recommended and received approval for a 3% rate revenue increase. At this time staff is presenting two options to accomplish the 3% adjustment over the next 5 years. Option 1 Rate increases based on the 2005 rate study and adjustments designed for rate stability. Option 1 accomplishes the goal of an additional $750,000 of revenue needed to meet revenue requirements. The various increases are designed to generate revenue stability, by placing more emphasis on the facility charge and base volumes, and decrease the gap between residentia the differential between the three meter sizes staff is recommending increasing the residential facility charge and lowering the commercial facility charge for the three smallest meters. Option 2 3% rate increase to all residential and commercial retail rates Fisher pointed out that the facility charge or the base block rates since 1996 so for those customers, this is the first rate increase in a decade. Board Member Robinson observed that the residential customers would bear the brunt of the increase. Board Member Bob Bland moved to approve Option 1 with a second from Board Member Robinson. The motion was approved by a 4-0 vote. Vance Kemler, Director of Solid Waste, presented the Solid Waste Ordinance 6) Receive a report, hold a discussion on the bid response to the City Recycling Program RFP, and consider a recommendation for the City of Denton to enter into a recycling services contract with Allied Waste Services to provide the City of Denton with curbside recycling and processing services, for a unit rate of $2.27 per month. Vance Kemler, Director of Solid Waste, stated that staff had recently gone out for Requests for ycling program, but before presenting that item, Kemler presented statistics from FY 2006 which showed that 27% of waste was diverted through recycling. He did note that that percentage did , or any recycling from the private sector. There was slightly more than 44,000 tons of material recycled and 114,000 went to the landfill. Public Utilities Board Agenda August 13, 2007 3 of 4 Kemler noted that the curbside recycling program has a 70% participation rate based on carts being set out over a period of a month with the majority of our customers actually putting them out every week. Staff projects that this years tonnage will be up almost 1,000 tons to about 6,850 tons due to a greater push on public education awareness. Currently, the Recycling division has a contract with Allied Waste Management for curbside collection and processing with the Recycling division handling home chemical collection which is a relatively new program. There are 6 drop off recycling centers in the community, and one of the most successful programs is the sustainable schools program which is a little more than two years old. The Recycling division works with up to 23 local public and private schools to promote recycling and good waste management techniques and has recycling carts to move paper products out of the schools. requirement, also supports 30 municipal buildings with internal recycling. Kemler then stated that combined with the curbside recycling RFP, were requests for three other recycling services. The request proposals for cart maintenance services, recycling drop-off center services, and a single stream recyclables processing facility (MRF). through the development of the RFP and of those received 3 proposals. A selection committee reviewed and rated the proposals and is negotiating with the top rank proposer, Allied Waste whose rate proposal will be within the proposed budget. Staff received two cart maintenance proposals and after evaluating service plans and charges from both proposals, concluded that city staff could provide services more efficiently and at a lower cost than either of the two proposals submitted. The annual vendor cost was estimated to be $159,000 at a cost of twenty- would be expanded to include cart set out and maintenance of those carts, would cost $100,064 a year at sixteen cents per cart. One recycling drop-off center proposal was received which offered less than one-half of the current container capacity provided by the city. Adding the number of containers needed to service each site caused the proposal to exceed the services costs currently incurred by the city by $30,000 plus recycling division staff. Pratt Industries submitted the one proposal for a MRF. Review of the proposal was favorable and staff is developing a contract for the project. Upon completion of a contract, the proposal will be presented to the PUB for consideration. Board Member Bland moved to approve that the residential curbside recycling contract be awarded to Allied Waste Services at the cost of $2.27 per month per residence beginning November 5, 2007 with a second from Board Member Baines. The motion was approved by a 4-0 vote. Public Utilities Board Agenda August 13, 2007 4 of 4 Board Member Robinson moved that no cart maintenance proposal be awarded that those services be provided by the City of Denton solid waste staff with a second from Board Member Baines. The motion was approved by a 4-0 vote. Board Member Baines moved that no drop-off recycling services proposal be awarded and that the City of Denton recycling division continue to provide those services with a second from Board Member Bland. The motion was approved by a 4-0 vote. Board Member Baines moved that city staff continue discussions with Pratt Industries concerning their proposal for the construction and operation of a MRF, and that a contract be brought to the PUB at a future meeting for consideration with a second from Board Member Bland. The motion was approved by a 4-0 vote. 7) ACM Update: a. Water, Wastewater, Solid Waste June Financials 8) New Business This item provides an opportunity for Public Utilities Board members to suggest items for future agendas or to request information from the Assistant City Manager for future meetings. 9) Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the Texas Government Code, as amended. 10) Adjournment AGENDA INFORMATION SHEET AGENDA DATE: August 21, 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 of the City of Denton, Texas approving an agreement between the City of Denton and the Denton Record Chronicle; approving the expenditure of funds for the purchase of legal advertising services available from only one source in accordance with the provisions of the State law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3858-Agreement with the Denton Record Chronicle in the amount of $8.40 per column inch for an estimated award of $35,000). BID INFORMATION This is an annual agreement with the Denton Record Chronicle to publish legal notices for various City Departments that are required by law to do so. The advertising will be paid by Planning, Police, Utility Administration and Purchasing. The Denton Record Chronicle is the only newspaper published and distributed within the Denton city limits; therefore, this is a sole source acquisition. Sole source supplies and/or services protected by copyrights or patents are exempt from the competitive bid process (Chapter 252 Texas Local Government Code). RECOMMENDATION Award to the Denton Record Chronicle in the estimated amount of $35,000. PRINCIPAL PLACE OF BUSINESS Denton Record Chronicle Denton, TX ESTIMATED SCHEDULE OF PROJECT This agreement is for a 12 month period beginning August 21, 2007. FISCAL INFORMATION The using Departments will provide funding for this item. Agenda Information Sheet August 21, 2007 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Denton Record Chronicle Rate Card and Retail Advertising Agreement 1-AIS-File 3858 Attachment 1 êûê ÷èûóðøæ÷êèóéóîõûè÷é î íæ÷ïú÷ê ìÔÍÎ× öÛÄ ø×ÎÈÍÎê×ÙÍÊØùÔÊÍÎÓÙÐ× øÛÓÐÃ å×ØÎ×ÉØÛÃìÐÇÉ éÇÎØÛÃ íÌ×ÎêÛÈ× ùÍÏÚÓÎÛÈÓÍÎúÇÃ øêùìÐÇÉíÎ×íÈÔ×ÊìÇÚÐÓÙÛÈÓÍÎ ê×ÈÛÓÐûÎÎÇÛÐûÕÊ××Ï×ÎÈÉ óÎÙÔ×ÉøÛÓÐÃéÇÎØÛÃå×ØÎ×ÉØÛÃìÐÇÉ ø×ÎÈÍÎê×ÙÍÊØùÔÊÍÎÓÙÐ×úÛÉ×êÛÈ× öÍÊùÍÏÚÓÎÛÈÓÍÎúÇÃ ÓÎÙÔÛÕÊ××Ï×ÎÈ øÛÓÐÃå×ØéÇÎØÛÃìÐÇÉÌÙÓ ÖÍÊ×ÛÙÔÛØØÓÈÓÍÎÛÐÌÇÚ ùÍÐÍÊêÛÈ×É éÌÍÈùÍÐÍÊ Ì×ÊÙÍÐÇÏÎ ÓÎÙÔÛÆÛÓÐÛÚÐ×ÙÍÐÍÊÇÌÈÍ ÙÍÐÇÏÎ ÓÎÙÔ×É íÎ×ùÍÐÍÊèÅÍùÍÐÍÊöÇÐÐùÍÐÍÊ ùÍÏÚÓÎÛÈÓÍÎùÍÐÍÊ øêù ûÎÃ ìÇÚÉ ÍÖÖÙÍÐÍÊÌÊÓÙ× î×ÓÕÔÚÍÊÉ õæ ûÎÃ ÍÊÏÍÊ×ìÇÚÉ ÍÖÖÙÍÐÍÊÌÊÓÙ× øêùø×ÛØÐÓÎ×É ûÎÃùÍÏÚÓÎÛÈÓÍÎ ìÇÚÐÓÙÛÈÓÍÎøÛÈ× ïÍÎèÇ×ÉèÔÇÊÉöÊÓéÛÈ ø×ÛØÐÓÎ×É éÇÎØÛÃ íÊ èÔÇÊÉ ÌÏ ïÍÎØÛÃ öÊÓ ÌÏ ûÎÃùÍÏÚÓÎÛÈÓÍÎ èÇ×ÉØÛÃ öÊÓ ÌÏ èÔÇÊÉöÊÓéÛÈïÍÎèÇ×É å×ØÎ×ÉØÛÃ ïÍÎ ÌÏ ÉÈûØ íÖÖ ÎØûØ íÖÖ ÊØûØ íÖÖ èÔÇÊÉØÛÃ èÇ×É ÌÏ éÇÎØÛÃÍÊå×ØÎ×ÉØÛÃûØ öÊÓØÛÃ å×Ø ÌÏ 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ïÛÓÐÓÎÕûØØÊ×ÉÉ ùÓÈÃ éÈÛÈ× âÓÌùÍØ× ìÔÍÎ×îÇÏÚ×Ê îÛÏ×ÍÖûÇÈÔÍÊÓÂ×ØûÕ×ÎÈ èÓÈÐ×ÍÖûÕ×ÎÈ éÓÕÎÛÈÇÊ×ÍÖûÕ×ÎÈ ûÌÌÊÍÆ×ØÚÃøÛÈ× ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON RECORD CHRONICLE, APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF LEGAL ADVERTISING SERVICES AVAILABLE FROM ONLY ONE SOURCE, IN ACCORDANCE WITH STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3858- AGREEMENT WITH THE DENTON RECORD CHRONICLE IN THE AMOUNT OF $8.40 PER COLUMN INCH FOR AN ESTIMATED AWARD OF $35,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described as well as the license terms attached, are hereby approved: FILE NUMBER VENDOR AMOUNT 3858 Denton Record Chronicle $8.40/column inch SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1, and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-File 3858 AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an Ordinance approving an Agreement for Deposit of Costs for Perimeter Paving in the amount of $25,000 between the City of Denton and AHY, LC, a Texas limited corporation, for the construction of perimeter paving improvements to Jannie Street, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. BACKGROUND AHY, LC (the “Developer”) is constructing an office building, primarily housing legal offices, at 1417 East McKinney. This location is on the northwest quadrant of the intersection of McKinney Street and Jannie Street. Access to McKinney Street was denied inasmuch as the Development Code (Subchapter 35.20.4.D) precludes access to an arterial street if reasonable access can be gained from a lesser classified street, in this instance Jannie Street. Jannie Street is currently a residential street, but it will be reclassified as a collector in anticipation of the increased traffic loading from the change in its intended use. The Developer is in agreement with this reclassification and willing to participate in perimeter street improvements as required by Code, including the construction of two lanes of a commercial collector. Inasmuch as the street is not currently built to this class standard, the Developer requested that they be allowed to deposit funds with the City for their share of the needed improvements to Jannie Street. Staff has determined that a total of $25,000 will represent the Developer’s share of the paving improvements on this lot. OPTIONS 1.Approve the deposit agreement with AHY, LC. 2.Reject the deposit agreement with AHY, LC. RECOMMENDATION Staff recommends approval of the deposit agreement with AHY, LC in the amount of $25,000. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Not applicable. FISCAL INFORMATION Not applicable. BID INFORMATION Not applicable. EXHIBITS 1. Ordinance 2. Agreement for Deposit of costs for Perimeter Paving Respectfully submitted, Jim Coulter Director Water Wastewater Utilities Prepared by Frank G. Payne, P.E. City Engineer Û¨¸·¾·¬ ï Û¨¸·¾·¬ î AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: City Manager’s Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Texas Filmmakers to support the 2007 Thin Line Film Festival Celebration; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $100 from Council Member Montgomery’s Contingency Fund allocation. Key provisions of the agreement include: Funds may be used by Texas Filmmakers to support the 2007 Thin Line Film Festival Celebration. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from appropriate Council Contingency Fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT A07-0001 (Westview Commercial Annexation) Hold the second of two public hearings to consider the voluntary 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.The Planning and Zoning Commission recommends approval (5-0). BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX A voluntary 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 majority of the subject property (see Exhibit 1) is currently undeveloped with the exception of 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. Staff requested the case be 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 first required public hearing to consider the annexation was heard before the City Council on August 7, 2007 On August 8, the Planning and Zoning Commission held a public hearing and recommended the annexation proceed as scheduled. 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 Planning and Zoning Commission recommends the annexation proceed as scheduled. 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. The first public hearing for the revised annexation was held on August 7, 2007. 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 5. Planning and Zoning Meeting Minutes 8/08/07 Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development Prepared by: Lori Shelton, AICP Planner II EXHIBIT 1 Location Map EXHIBIT 2 Annexation Summary Schedule Westview Commercial Annexation st Notices to Intent to Annex (30 day prior to 1 PH) were sent on July 2, 2007. 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 Û¨¸·¾·¬ ë AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Economic Development Department CM: George C. Campbell, City Manager SUBJECT HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AS REINVESTMENT ZONE NO. VIII FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT; ESTABLISHING THE BOUNDARIES OF SUCH ZONE; MAKING FINDINGS REQUIRED IN ACCORDANCE WITH CHAPTERS 311 AND 312 OF THE TEXAS TAX CODE; ORDAINING OTHER MATTERS RELATING THERETO; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached ordinance establishes Reinvestment Zone VIII. The property included within the boundaries represents a 120 acre site on Westcourt Road and Spring Side Road. City Council’s adoption of the ordinance establishing the reinvestment zone will allow Council to consider a tax abatement agreement with Aldi (Texas) a Texas limited liability company. The company plans to construct a distribution center of approximately 500,000 square feet at the site. ESTIMATED SCHEDULE OF PROJECT If the reinvestment zone and tax abatement are approved, the company will begin construction as soon as possible. They plan to open the facility in 2009. PRIOR ACTION/REVIEW The Economic Development Partnership Board recommends approval (6-0). FISCAL INFORMATION Establishing the reinvestment zone has no fiscal impact. EXHIBITS Ordinance Exhibit A – Property Description Exhibit B – Site Map Respectfully submitted: ______________________________ Linda Ratliff, Director Economic Development Department - 1 - AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Economic Development CM: George C. Campbell, City Manager SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute a Tax Abatement Agreement with Aldi (Texas) L.L.C., a Texas limited liability company; setting forth all the required terms of the Tax Abatement Agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions precedent to Aldi, Inc. receiving the Tax Abatement; providing for a severability clause; and providing an effective date. (Economic Development Partnership Board recommends approval 6-0) BACKGROUND The Company Economic Development staff began working with Aldi, Inc. in May of 2006. Aldi, Inc. is a German company with operations in Europe and the United States. Here in the U.S., Aldi operates approximately 850 grocery stores in 28 states that provide groceries at a low cost to its customers. Aldi maintains its low cost by offering only one size and one brand of each item, eliminating the need for excess shelf space and product storage. The company demonstrates its commitment to its employees by offering an attractive benefit package to all employees who work 20 hours or more a week. The Denton facility will employ approximately 120 with an average wage of $17 per hour. Aldi’s company philosophy is to treat its employees as valued individuals, and they indicate they have very little turnover as a result. Aldi is working with area colleges and universities to recruit employees. They have already hired two UNT graduates as district managers who will manage two to four stores each. The starting pay for a district manager is $65,000 per year plus a new automobile. The Project Aldi is interested in constructing a 500,000 square foot distribution center on Westcourt Road near the Denton Municipal Airport.The valuation of the proposed facility is estimated at $38 million, with an additional $2.5 million in equipment and $13 million in inventory. Land value is estimated to increase to $4 million. Total estimated valuation for this project is $57.5 million. The facility will be a large industrial client of Denton Municipal Electric (DME), as a portion of the 500,000 square foot distribution center will provide refrigeration for frozen and refrigerated foods. Aldi has indicated they will apply for the discount on demand charges as outlined in DME’s Industrial Development Rider. - 1 - Water and sewer requirements can be met by extension of existing lines in the area and construction of a lift station on site. The proposed facility will front approximately 1,100 feet along Wescourt Road, which is a total of approximately 4,200 linear feet. Currently, Westcourt Road is constructed as a two-lane, asphalt, country road. A two- lane, concrete road with curb and gutter must be built to accommodate truck traffic. The estimated cost to improve Westcourt Road is $1.6 million. Incentive Request Aldi originally requested that the City improve Westcourt Road and provide a 50% tax abatement for ten years. Staff was informed that other competing cities offered incentives and had site-ready locations, requiring no infrastructure improvements. The attached tax abatement agreement requires Aldi to construct all of Westcourt Road and would provide reimbursement through a tax abatement of 100% over a five year period. Westcourt Road is located in an area of the city that has been identified in our land use plan for industrial development. It should be noted that Aldi will be constructing over 3,000 linear feet of off-site improvements that will enhance the access and improve the market value of other undeveloped properties. The City of Denton is one property owner who will benefit, as Airport property fronts the west side of Westcourt. ESTIMATED SCHEDULE OF PROJECT If approved, Aldi intends to move forward immediately to purchase the property, obtain their zoning, final plat and building permit. The company has an aggressive construction plan. They want to open the distribution center and 20 to 24 new grocery stores in the Metroplex simultaneously in 2009. Two Denton stores are included in their plan. PRIOR ACTION/REVIEW The Economic Development Partnership Board recommends approval of the tax abatement request (6-0). FISCAL INFORMATION City of Denton Annual Project Elements Estimated Valuation Property Tax Revenue Building and Improvements $38,000,000$238,078 Equipment 2,500,00015,663 Inventory and Supplies 13,000,00081,447 Land 4,000,00025,061 Totals $57,500,000$360,249 The tax abatement agreement provides for 100% abatement for building and improvements and tangible personal property, which includes equipment, inventory and supplies, for a period of five years. Abatement will not be provided on the increased valuation of the land. If valuations result as proposed, Aldi would receive a total incentive in the amount of $1,675,940, which would reimburse the company for the construction of Westcourt Road at a cost of $1.6 million. The City of Denton would - 2 - receive the property tax revenue for the land estimated at $25,000 for the five year period of the agreement, and at year six and thereafter the City would receive an estimated $360,000 annually. These amounts are based on the current tax rate of $.62652 per $100 valuation. Currently the land is valued at $26,818, producing $168 in City property tax revenue annually. Respectfully submitted: _______________________________ Linda Ratliff, Director Economic Development Department Attachments: Agreement with Exhibits: Exhibit A – Property Description Exhibit B – Tax Abatement Application Exhibit C – Tax Abatement Ordinance Exhibit D – Board of Directors Authorization - 3 - AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 25, 2007, City Council Public Meeting Agenda to adopt a 2007 tax rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on September 11, 2007, and September 18, 2007; requiring publication of a Notice of Public Hearings on a Tax Increase in accordance with the law; and providing an effective date. BACKGROUND On Friday, August 2, 2007, staff provided Council with a copy of the required notice of effective tax rate calculation that was published in the Sunday, August 5th, Denton Record- Chronicle. Municipalities are required to publish their rollback tax rates in the newspaper, along with the effective tax rate and other required schedules. The rollback tax rate divides the overall property taxes into two categoriesmaintenance and operations (M&O) taxes and debt service taxes. By law, the rollback rate for taxing units is set at an eight percent (8%) increase in operating (O&M) taxes. The effective tax rate is generally the property taxes divided b years. This rate excludes taxes on properties no longer in the taxing unit and also excludes ective rate is $0.58719/$100 valuation and the rollback rate is $0.68627/$100 valuation. The Texas Property Tax Code mandates specific publications to be provided by the City. The ack rate or the public hearings be held on the proposed tax increase, with the second hearing occurring three to fourteen days after the first. The proposed 2007-08 budget includes a $0.66652 tax rate, and exceeds the effective tax rate; therefore, it requires two public hearings, as well as a published quarter-page notice notifying the public of the hearings, and a published quarter- page notice before adopting the tax rate. In accordance with the law, the attached Notice of Public Hearing on Tax Increase and Notice of Vote on Tax Rate will appear in the Denton Record Chronicle on Sunday, September 2 and September 23, 2007 as required by the Texas Property Tax Code timetables. The Notice of Public Hearing on Tax Increase presents several alternative methods for determining the tax increase. Although each method provides a somewhat different answer, we are required to publish the schedules as presented to comply with the truth in taxation guidelines approved by the Texas legislature. Agenda Information Sheet August 21, 2007 Page 2 ESTIMATED SCHEDULE August 21, 2007 Vote to Place Proposal on Future Agenda September 11, 2007 Hold First Public Hearing September 18, 2007 Hold Second Public Hearing September 25, 2007 Adopt Tax Rate PRIOR ACTION/REVIEW On Wednesday, July 25, 2007, the City Council was provided information regarding the proposed tax rate. In addition, during the August 6th Council Luncheon, the City Council met and discussed the proposed tax rate. FISCAL INFORMATION The proposed property tax rate is included in the 2007-08 Proposed Budget. EXHIBITS Notice of Public Hearing on Tax Increase Notice of Vote on Tax Rate Resolution Respectfully submitted: Bryan Langley Director of Finance To Be Published September 2, 2007 NOTICE OF PUBLIC HEARING ON TAX INCREASE The City of Denton will hold two public hearings on a proposal to increase total tax revenues from properties The first public hearing will be held on September 11th at 6:30 p.m.at215 E. McKinney, Denton, TX 76201. The second public hearing will be held on September 18th at 6:30 p.m.at215 E. McKinney, Denton, TX 76201. The members of the governing body voted on the proposal to consider the tax increase as follows: FOR the proposal: AGAINST the proposal: PRESENT and not voting: ABSENT: Comparison of Proposed Budget with Last Year's Budget The applicable percentage increase or decrease (or difference) in the amount budgeted in the preceding fiscal year and the amount budgeted for the fiscal year that begins during the current tax year is indicated for each of the following expenditure categories: 7.07%% (Increase) or% (Decrease) Maintenance and operations 36.94%% (Increase) or% (Decrease) Debt service 10.41%% (Increase) or% (Decrease) Total expenditures Total Appraised Value and Total Taxable Value calculated under section 26.04, Tax Code Preceding Tax YearCurrent Tax Year $$ Total appraised value* of all property 5,844,920,251 6,518,530,250 $$ Total appraised value* of new property** 546,332,114 458,187,659 $$ Total taxable value*** of all property 5,441,228,909 6,089,499,775 $$ Total taxable value*** of new property** 255,219,881 246,507,452 Bonded Indebtedness 138,995,000 Total amount of outstanding and unpaid bonded indebtedness $ Tax Rates $per $100 in value Adopted tax rate for the preceding tax year0.62652 $per $100 in value Proposed tax rate for the current year0.66652 $per $100 in value Difference in the proposed tax rate and the 0.04000 adopted tax rate for the preceding tax year % Increase Percentage increase or decrease in the 6.38% OR proposed tax rate and the adopted tax rate % Decrease for the preceding tax year0.00% These tax rate figures are not adjusted for changes in the taxable value of property. * "Appraised Value" is the amount shown on the appraisal roll and defined by Section 1.04(8), Tax Code. ** "New Property" is defined by Section 26.012(17), Tax Code. *** "Taxable Value" is defined by Section 1.04(10), Tax Code. Comparison of Residence Homestead Taxes Average appraised and taxable values on residence homesteads are compared from the preceding tax year and the current tax year. Preceding Tax YearCurrent Tax Year Average residence homestead value$130,395$136,546 Homestead exemption amount for the taxing unit$5,000$5,000 (excluding special exemption for persons 65 years of age or older or disabled.) Average taxable value of a residence homestead$125,395$131,546 (excluding special exemptions for person 65 years of age or older or disabled.) Comparison of Residence Homestead Taxes The taxes would have been imposed in the preceding tax year on a residence homestead at the average appraised value (excluding special exemptions for persons 65 years of age or older or disabled) are estimated to be $785.62. The taxes that would be imposed in the current tax year on a residence homestead appraised at the average appraised value in the current tax year (excluding special exemptions for persons 65 years of age or older or disabled), if the proposed tax rate is adopted, are estimated to be $876.78. The difference between the amount of taxes on the average residence homestead in the current tax year, if the proposed tax rate is adopted, and the preceding tax year would be an increase of $91.16 in taxes. Notice to Be Published September 23, 2007 ïÎÉÔÚØ î×çÎÉØÎÏéÜÅëÜÉØ éÕØúÔÉÄÎ×ùØÏÉÎÏ ÚÎÏÙÈÚÉØÙÜÍÈÛÑÔÚÕØÜËÔÏÖÎÏÜÍËÎÍÎÊÜÑ ÉÎÔÏÚËØÜÊØÉÕØÉÎÉÜÑÉÜÅËØÇØÏÈØÊÎ×ÉÕØ úÔÉÄÎ×ùØÏÉÎÏ ×ËÎÐÍËÎÍØËÉÔØÊÎÏÉÕØÉÜÅËÎÑÑÔÏÉÕØÍËØÚØÙÔÏÖ ÄØÜËÛÄ ÍØËÚØÏÉ ÎÏêØÍÉØÐÛØË ÉÕêØÍÉØÐÛØË ÉÕ éÕØúÔÉÄúÎÈÏÚÔÑ ÔÊÊÚÕØÙÈÑØÙÉÎÇÎÉØÎÏÉÕØÉÜÅËÜÉØÉÕÜÉ ÆÔÑÑËØÊÈÑÉÔÏÉÕÜÉÔÏÚËØÜÊØÜÉÜÍÈÛÑÔÚ ÐØØÉÔÏÖÉÎÛØÕØÑÙ ÎÏêØÍÉØÐÛØË ÜÉ øðÚòÔÏÏØÄùØÏÉÎÏéØÅÜÊ AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance directing the publication of Notice of Intention to issue Certificates of Obligation totaling $7,065,000 for miscellaneous drainage improvements; and providing for an effective date. BACKGROUND During the recent budget development process, it was determined that additional funding is needed to construct various drainage improvements throughout Denton. To address these issues, the FY 2007-08 Proposed Budget includes a one cent tax increase (per $100 in valuation) to support the issuance of Certificates of Obligation. The bond proceeds will provide funding for the following drainage projects: Neighborhood Projects Mingo Road and Paisley Box and Channel $ 450,000 Ector Street Storm Drain $ 900,000 Kings Row at Cooper Branch $ 350,000 Magnolia Street Drainage $ 650,000 Cooper Creek Improvements Cooper Creek Detention #2 $1,340,000 Cooper Creek Channel Improvement (Mingo Road Area) $ 850,000 Pecan Creek Improvements Channel Modeling $ 210,450 Channel Locust to Elm $ 355,500 Channel Elm to Sycamore $1,063,500 $1,099,500 Total Projects $7,268,950 Less Available Funding $ 250,000 Total New Bond Requirement $7,018,950 The funding and associated debt for these projects has been included in the FY 2007-08 Proposed Budget. Agenda Information Sheet August 21, 2007 Page 2 In order to issue Certificates of Obligation, state law requires that the City Council approve a notice of intent to issue the bonds. This ordinance provides the Notice of Intention to issue City of Denton Certificates of Obligation Bonds, Series 2007A as required by state law. The Notice, which includes a maximum par amount of $7,065,000, will be published on August 26 and September 2, 2007 in the Denton Record Chronicle. A copy of the publication notice is attached. The certificates of obligation will be sold on a competitive bid basis. The final vote to authorize the sale of the Certificates of Obligation will occur on October 2, 2007. It is anticipated that the City will receive the bond proceeds on November 6, 2007. A complete Schedule of Events related to the Certificates of Obligation sale is attached. RECOMMENDATION Staff recommends approval of the attached ordinance. PRIOR ACTION/REVIEW (Council, Boards or Commissions) This item was discussed during the July 25, 2007 City Council budget workshop and at the August 6, 2007 City Council luncheon. FISCAL INFORMATION The ordinance is for the authorization to publish the intent to sale $7,065,000 of Certificates of Obligation for miscellaneous drainage improvements. EXHIBITS Ordinance Schedule of Events Respectfully submitted: ____________________ Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: August 21, 2007 DEPARTMENT: Solid Waste ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas accepting proposals and awarding a contract for the purchase of “Residential Curbside Single-Stream Recycling Collection and Processing Services” to those Denton Residential Solid Waste Customers as determined by the City Council; providing for the expenditure of funds therefor; and providing an effective date (Request for Proposal No. 3811 [Item 1 of RFP only– “Residential Curbside Single-Stream Recycling Collection and Processing Services”; awarded to Allied Waste Services, Inc., d/b/a Allied Waste Systems of Justin) The Public Utilities Board recommends approval (4-0). BACKGROUND The City of Denton awarded a curbside recycling contract to Trinity Waste Services in April 2002, and residential curbside recycling services began that November. The existing curbside recycling contract is for five years, and ends on November 4, 2007. Trinity Waste Services is owned by Allied Waste, and will be referred to as Allied Waste 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 of the highly competitive market 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. 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. Contract renewal negotiations failed and the City of Denton distributed a Request for Proposal (RFP) in order to obtain a curbside recycling service provider. Combined with the curbside recycling RFP, were requests for three other recycling services. The city additionally requested proposals from businesses interested in providing the City of Denton with; 1) cart maintenance services, 2) recycling drop-off center services, and 3) a single stream recyclables processing facility. An evaluation committee reviewed and ranked the proposals submitted. The recommendations of the evaluation committee for each proposal submitted are discussed below. Curbside recycling proposals were received from three companies; Allied Waste Services, IESI, and Community Waste Disposal. Summaries of the proposals for each service are provided in Exhibit II. The proposal evaluated by the committee to provide the best benefit to the city was submitted by Allied Waste Services. The monthly rate would be $2.27 / month per residence, which would adjust annually based upon the Consumer Price Index (CPI), and the price of diesel fuel. Cart maintenance services proposals were received from Otto Industries and Rehrig Pacific. Cart maintenance services consist of the maintenance and repair of refuse and recycling carts, the distribution of new and replacement carts, and handling the customer service requirements related to the services. Currently, the City of Denton provides cart maintenance services for refuse carts, and Allied Waste provides cart maintenance services for the city’s recycling carts. The existing Allied cart maintenance service contract will expire in November, along with the curbside collections contract. In soliciting proposals, staff combined the refuse and recycling maintenance contracts in order to obtain the best benefit and pricing for Denton’s residents, which was anticipated to result in a lower unit cost for the services to be provided. The committee evaluated the service plans and charges from both proposals, and does not recommend either proposal. City staff can provide cart maintenance services more efficiently to Denton’s residents, and at lower costs than either of the two proposals submitted. One recycling drop-off center proposal was received, from Community Waste Disposal. The proposal received proposed less than one-half the current container capacity currently provided by the city. Adding the number of containers which are needed to sufficiently service each site causes the proposal to exceed the service costs which the city staff currently incurs to provide services. The proposal was evaluated, and the selection committee recommends that the services continue to be provided by the City of Denton recycling division staff. One Materials Recovery Facility (MRF) proposal was received, from Pratt Industries Incorporated. Staff’s review of the proposal is favorable, and staff is developing a contract for the project. Staff believes the City of Denton and Pratt both have the potential to benefit from a privately operated MRF. Upon completion of a contract, the Pratt proposal will be presented to PUB and the City Council for consideration. OPTIONS The City Council may award a curbside recycling services contract to Allied Waste Services, or they may recommend negotiations with either IESI or Community Waste Disposal. The City Council may recommend that a cart maintenance services contract not be awarded, and that those services be provided by the City of Denton, or they may recommend negotiating with Otto Industries or Rehrig Pacific. The City Council may recommend the recycling drop-off center services continue to be provided by the City of Denton recycling staff, or they may recommend rebidding this service. The City Council may recommend staff continue discussions with Pratt Industries for the construction and operation of a Materials Recovery Facility (MRF), and that this information be brought to the PUB and the City Council in a future meeting, or they may recommend that the City of Denton not pursue a contract with Pratt Industries for the construction and operation of a MRF. RECOMMENDATION Staff and the selection committee recommend the residential curbside recycling contract be awarded to Allied Waste Services at the cost of $2.27 per month per residence, beginning November 5, 2007. Staff and the selection committee do not recommend a cart maintenance services contract be awarded, and that those services be provided by the City of Denton solid waste staff. Staff and the selection committee do not recommend the drop-off recycling services proposal be awarded, and that the City of Denton recycling division continue to provide those services. Staff and the selection committee recommends that city staff continue discussions with Pratt Industries concerning their proposal for the construction and operation of a MRF, and that a contract be brought to the Public Utilities Board and the City Council at a future meeting for consideration. PRIOR REVIEW Public Utilities Board meetings of April 23, 2007, May 30, 2007, and August 13, 2007. FISCAL INFORMATION The proposed curbside collection and processing rate for single-family, duplex, and tri-plex homes, and where applicable in small business situations, is $2.27 per month. Revenues and expenses for the city to provide these services are included within the proposed FY 2008 budget. Cart maintenance costs currently included within the proposed fiscal year 2008 solid waste operating budget are projected and budgeted at an approximate annual cost of $100,000. The recycling drop-off site costs are currently included within the FY 2008 proposed operating budget at an approximate annual cost of $142,000. There are currently no costs budgeted in the proposed FY 2008 solid waste operating budget or FY 2008 – 2012 Capital Improvement Program to provide MRF construction and operational funding. Under the Pratt proposal, capital and operating costs to provide these services would not be required by the City of Denton, and would be provided by Pratt Industries. The City of Denton would receive revenue from the residential curbside recycled tons delivered and processed through the facility, host fees, and revenue from recyclable materials delivered by the city’s commercial recycling division staff from their drop-off centers and their commercial accounts. EXHIBITS 1.Summary of Curbside Recycling Proposals 2.Summary of Cart Maintenance Proposals 3.Summary of Drop-Off Site Proposal 4.Summary of Materials Recovery Facility Proposal 5.Public Utilities Board Minutes April 23, 2007 6.Public Utilities Board Minutes May 30, 2007 7.Public Utilities Board Minutes August 13, 2007 8.Ordinance Respectfully submitted: A. Vance Kemler Director of Solid Waste Û¨¸·¾·¬ ï Û¨¸·¾·¬ î Û¨¸·¾·¬ í Û¨¸·¾·¬ ì Û¨¸·¾·¬ ë 1MINUTES 2PUBLIC UTILITIES BOARD 3April 23, 2007 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, 7April 23, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 8901-A Texas Street, Denton, Texas. 9 Present: 10Chair Charldean Newell, Dick smith, Bill Cheek, Phil Gallivan, Bob Bland, John 11Baines and Randy Robinson 12 13 Ex Officio Member: 14 Howard Martin, ACM Utilities 15 Absent 16: George Campbell, City Manager, excused 17 Chair Charldean Newell announced that a quorum was present and convened into a closed 18 meeting at 9:00 a.m. to consider the following under the provisions of §551.086 of the Texas 19 Government Code. 20 21 CLOSED MEETING: 22 23 24[**Before the Public Utilities Board (“PUB”) may discuss, deliberate, vote, or take final action 25on each of the agenda items posted as a “competitive matter” in a Closed Meeting under the 26provisions of Texas Government Code §551.086 relating to “Public Power Utility” items, the 27Chair of the PUB shall first announce the time, and then the PUB must then vote and make a 28good faith determination, by a majority vote of its members, that if any particular agenda 29item listed under the “Closed Meeting” section is an electrical “competitive matter” that 30satisfies the requirements of §551.086(b)(3). If there is more than one “competitive matter” 31item on the PUB agenda, then a separate vote must be taken for each item. The vote shall be 32taken during the Closed Meeting and shall be included in the certified agenda or tape 33recording of the Closed Meeting. If the PUB fails to determine by a majority vote of its 34members that the particular agenda item satisfies the requirements of §551.086(b)(3), then 35the PUB may not discuss, deliberate or take any further action on that agenda item in its 36Closed Meeting. For any agenda item listed under any other section of the Texas 37Government Code, other than §551.086, consideration in the Closed Meeting is permitted 38without the necessity of a preliminary motion and a vote of the Board being taken.] 39 40A.DELIBERATIONS REGARDING CERTAIN REAL PROPERTY - Under Texas 41Government Code §551.072. 42 431)Receive a confidential presentation by staff relating to the acquisition, 44valuation or condemnation of an approximate 0.257 acre tract of land located 45in the Gideon Walter Survey, Abstract No. 1330, Denton County, Texas; and 46being the same property conveyed by Deed Recorded at County Clerk’s File 47Number 96-R0016095, Real Property Records, Denton County, Texas. 48 49 Minutes of the Public Utilities Board April 23, 2007 Page 2 of 2 1B.CONSULTATION WITH ATTORNEY – Under Texas Government Code 2§551.071. 32)Consultation with the City’s attorney regarding legal issues associated with 4the renewal and negotiation of a recycling services agreement by the city 5Solid Waste department. A public discussion of these legal issues would 6conflict with the duty of the City’s attorneys to the Public Utilities Board 7under the Texas Disciplinary Rules of Professional Conduct of the State Bar 8of Texas, and could jeopardize the City’s legal position in any further 9negotiations with a vendor of recycling services or potential litigation. 10 At 10:21 a.m., the Chair declared the closed meeting ended and announced that the Public 11 Utilities Board was thereafter in open session. 12 13 14The meeting was adjourned by consensus at 11:59 a.m. 15 16 17Howard Martin, ACM Utilities 18 19 20Coordinator Boards and Committees Û¨¸·¾·¬ ê 1 2 3MINUTES 4PUBLIC UTILITIES BOARD 5May 30, 2007 6 7After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 8present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 9Wednesday, May 30, 2007 at 9:05 a.m. in the Service Center Training Room, City of Denton 10Service Center, 901-A Texas Street, Denton, Texas. 11 Present: 12Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson 13and John Baines (arrived at 9:24 a.m.) 14 15Ex Officio Members: 16 George Campbell, City Manager, excused 17 Howard Martin, ACM Utilities 18 Absent: 19Bob Bland, excused 20 OPEN MEETING: 21 22 23 246)Consider a contract extension to Trinity Waste Services to continue to provide residential 25curbside recycling services to Denton’s citizens. 26 27Vance Kemler, Director of Solid Waste, stated this was a revisit of the city’s curbside recycling 28program. The city had experienced a very successful four-plus years with Trinity Waste 29Services, now Allied Services. The contract has the ability to extend the original contract and 30doing so required some changes since the contract was somewhat dated. The amended contract 31staff is bringing forward for approval has one and only one extension term for curbside recycling 32with Allied. 33 34At the last meeting, staff expected to have a signed fully extended contract to bring forward for 35this meeting or to be prepared to go out for bid. Staff has prepared a bid in the event that the 36contract was not signed. Both parties have agreed to the terms of the extension. Kemler stated 37he had a voice mail from Allied indicating that corporate had signed and executed the contract 38and the contract would be delivered this morning. Since Allied had fulfilled its agreement to 39sign the contract, Kemler was making staff’s recommendation that the city move forward with an 40extension with Allied for the next 5 years. 41 42Board Member Smith asked if conversations had taken place with Trinity regarding the offsite 43collections centers. Kemler replied that Trinity was preparing a proposal that staff has not yet 44received. Kemler was hopeful that the proposal would be delivered along with the curbside 45contract. 46 47Board Member Smith stated that the discussion last meeting was that it would have been 48advantageous to have both contracts at the same replied that staff hopes to bring that contract to 49the Board at the next meeting. If Allied does not provide a proposal, or if that proposal is 50unacceptable, staff is prepared to go out for bids. 1 2As part of that bid, staff would also bid a cart maintenance program to see what the cost would 3be. Currently cart maintenance for the refuse carts is with the cart manufacturer. Recycling carts 4are done internally. Staff thought there should be some economy by consolidating those 5services. 6 7Board Member Gallivan asked if the Board had directed staff to negotiate other terms. 8 9Kemler replied staff was asked to acquire a quote for drop-off collections which had not been 10received at this time. 11 12 The meeting was adjourned by consensus at 11:38 a.m. 13 14 15 16 17 18Howard Martin, ACM Utilities 19 20 21Ann Forsythe, Boards and Committee Coordinator 22 Û¨¸·¾·¬ é 1 2 3DRAFT MINUTES 4PUBLIC UTILITIES BOARD 5August 13, 2007 6 7 8After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 9present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 10Monday, August 13, 2007 at 9:12 a.m. in the Service Center Training Room, City of Denton 11Service Center, 901-A Texas Street, Denton, Texas. 12 Present: 13 Chair Charldean Newell, Bob Bland, John Baines and Randy Robinson 14 Absent 15: Dick Smith, Bill Cheek and Phil Gallivan, excused 16 17 Ex Officio Members: 18 Howard Martin, ACM Utilities 19 George C. Campbell, City Manager, excused 20 OPEN MEETING: 21 22 ITEMS FOR INDIVIDUAL CONSIDERATION 23: 24 256)Receive a report, hold a discussion on the bid response to the City Recycling Program RFP, 26and consider a recommendation for the City of Denton to enter into a recycling services 27contract with Allied Waste Services to provide the City of Denton with curbside recycling 28and processing services, for a unit rate of $2.27 per month. 29 30Vance Kemler, Director of Solid Waste, stated that staff had recently gone out for Requests for 31Proposals (RFP) for four projects in the City’s recycling program, but before presenting that 32item, Kemler presented statistics from FY 2006 which showed that 27% of waste was diverted 33through recycling. He did note that percentage did not include UNT’s program, or any recycling 34from the private sector. There was slightly more than 44,000 tons of material recycled. 35 36Kemler stated that the curbside recycling program has a 70% participation rate based on carts 37being set out over a period of a month with the majority of our customers actually putting them 38out every week. Staff projects that this year’s tonnage will be up almost 1,000 tons to about 396,850 tons due to a greater push on public education awareness. 40 41Currently, the Recycling division has a contract with Allied Waste Management for curbside 42collection and processing with the Recycling division handling home chemical collection which 43is a relatively new program. There is 6 drop off recycling centers in the community, and one of 44the most successful programs is the sustainable schools program which is a little more than two 45years old. The Recycling division works with up to 23 local public and private schools to 46promote recycling and good waste management techniques and has recycling carts to move 47paper products out of the schools. The Recycling division, in response to the State Legislature’s 48requirement, also supports 30 municipal buildings with internal recycling. 49 50 Draft Minutes of the Public Utilities Board meeting August 13, 2007 2 of 2 1 2Kemler then stated that combined with the curbside recycling RFP, were requests for three other 3recycling services. The request proposals for cart maintenance services, recycling drop-off 4center services, and a single stream recyclables processing facility (MRF). 5 6Reviewing the RFP’s, Kemler stated there were 8 companies which came in and worked through 7the development of the RFP and of those the City received 3 proposals. A selection committee 8reviewed and rated the proposals and is negotiating with the top rank proposer, Allied Waste 9whose rate proposal will be within the proposed budget. 10 11Cart maintenance proposals were received from Otto Industries and Rehrig Pacific. After 12evaluating service plans and charges from both proposals, it was concluded that city staff could 13provide services more efficiently and at a lower cost than either of the two proposals submitted. 14The proposals annual vendor cost was estimated to be $159,000 at a cost of twenty-five cents per 15cart per month. The city’s current program, which would be expanded to include cart set out and 16maintenance of those carts, would cost $100,064 a year at sixteen cents per cart. 17 18One recycling drop-off center proposal was received from Community Waste Disposal which 19proposed less than one-half of the current container capacity provided by the city. Adding the 20number of containers needed to service each site caused the proposal to exceed the services costs 21currently incurred by the city by $30,000 plus. Staff recommends that the services continue to be 22provided by the City’s recycling division staff. 23 24Pratt Industries submitted the one proposal for a MRF. Review of the proposal was favorable 25and staff is developing a contract for the project. Upon completion of a contract, the proposal 26will be presented to the PUB for consideration. 27 Board Member Bland moved to approve that the residential curbside recycling contract be 28 awarded to Allied Waste Services at the cost of $2.27 per month per residence beginning 29 November 5, 2007 with a second from Board Member Baines. The motion was approved 30 by a 4-0 vote. 31 32 Board Member Robinson moved that no cart maintenance proposal be awarded and that 33 those services be provided by the City of Denton solid waste staff with a second from Board 34 Member Baines. The motion was approved by a 4-0 vote. 35 36 Board Member Baines moved that no drop-off recycling services proposal be awarded and 37 that the City of Denton recycling division continue to provide those services with a second 38 from Board Member Bland. The motion was approved by a 4-0 vote. 39 40 Board Member Baines moved that city staff continue discussions with Pratt Industries 41 concerning their proposal for the construction and operation of a MRF, and that a contract 42 be brought to the PUB at a future meeting for consideration with a second from Board 43 Member Bland. The motion was approved by a 4-0 vote. 44 45 46The meeting was adjourned by consensus at 10:50 a.m. Û¨¸·¾·¬ è ORDINANCE NO. 2007-______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF “RESIDENTIAL CURBSIDE SINGLE- STREAM RECYCLING COLLECTION AND PROCESSING SERVICES” TO THOSE DENTON RESIDENTIAL SOLID WASTE CUSTOMERS AS DETERMINED BY THE CITY COUNCIL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (REQUEST FOR PROPOSAL NO. 3811 [ITEM 1 OF RFP ONLY– “RESIDENTIAL CURBSIDE SINGLE-STREAM RECYCLING COLLECTION AND PROCESSING SERVICES”; AWARDED TO ALLIED WASTE SERVICES, INC., d/b/a ALLIED WASTE SYSTEMS OF JUSTIN) WHEREAS, the City has heretofore solicited, received, considered and tabulated requests for proposal, as well as alternate proposals, for the purchase of necessary services in accordance with the procedures of State law and the City of Denton, Texas ordinances; and WHEREAS, the City Manager or a designated employee of the City with authority, have reviewed and recommended that the herein described proposal is the best proposal for the services as shown in the "Request for Proposal" as to Item 1 only, submitted therefore based on the selection criteria set forth in the request for proposal; and WHEREAS, the City Council hereby finds the proposal of Allied Waste System, Inc., a corporation, as to Item 1 of the request for proposal only, meets the qualifications and requirements set forth in the above request for proposal, and is therefore accepted; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and conclusions set forth in the preamble of this ordinance are incorporated within the body of the ordinance. SECTION 2. That the numbered option in the following numbered bids for materials, equipment, supplies, or services, shown in the "Proposals" on file in the office of the City Purchasing Agent, is hereby accepted and approved as being the proposal with the most merit for such Item No. 1 only: PROPOSAL NUMBER SERVICE VENDOR AMOUNT 3811 Residential Curbside Allied Waste Systems. Inc. $2.27* Recycling and Processing Services* 3811 Recyclables – Payment Schedule** (**City also accepts Bidder’s Recyclables – Payment Schedule; City may sell certain recyclables to Bidder from time-to-time as specified therein) *Collection of residential curbside recycling and processing services based on one day per week, amount shown is per customer, per month; exclusive of any City container/contract administration fee. SECTION 3. By the acceptance and approval of the above numbered Item No. 1 of the submitted proposal, the City accepts the offer of the persons submitting the proposal for such services, and agrees to purchase the services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Request for Proposal No. 3811, the Proposal, and related documents. SECTION 4. The City Manager is hereby authorized to execute any and all necessary written contracts for the performance of the services in accordance with Item No. 1 of the Proposal accepted and approved herein, provided that such contracts are made in accordance with and relating to the items specified in Section 2 hereof, which written contract(s) shall be attached hereto; provided that the written contract is in accordance with the above Request For Proposals, the Proposal, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 5. By the acceptance and approval of the above numbered item of the submitted proposal, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposal and pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this _______ day of ____________________, 2007. _______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: _________________________________ ìÛÕ× AGENDA INFORMATION SHEET AGENDA DATE: August 21, 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 8.21.07.docx