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Home My WebLink AboutSeptember 11, 2007 Agenda AGENDA CITY OF DENTON CITY COUNCIL September 11, 2007 After determining that a quorum is present, the City Council of the City of Denton, Texas will 6:00 p.m. convene in a Work Session on Tuesday, September 11, 2007 at 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 September 11, 2007. 2.Receive a report, hold a discussion, and give staff direction regarding the 2007-08 Budget and the Capital Improvement Program. NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. However, the Council reserves the right to take action at the meeting regarding any item on the agenda. Regular Meeting of the City of Denton City Council on Tuesday, September 11, 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 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – K). 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 – K 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. City of Denton City Council Agenda September 11, 2007 Page 2 A.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Chamber of Commerce to assist in providing a venue for Denton residents to access the availability of healthcare and medical specialty facilities in the City of Denton; providing for the expenditure of funds therefor; and providing for an effective date. ($603.00) B.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Christian Preschool to provide tuition scholarships for needy children from low income families; providing for the expenditure of funds therefor; and providing for an effective date. ($250.00) C.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of recycling carts for the Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3885–Interlocal Agreement for the Purchase of Recycling Carts for the Solid Waste Department awarded to Otto Environmental Systems LLC in an amount not to exceed $119,594.72). The Public Utilities Board recommends approval (5-0). D.Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for architectural or engineering services by and between the City of Denton, Texas and Teague Nall and Perkins, Inc. for the design of the Pecan Creek Tributary 4 Preliminary Design and CLOMR Project; providing for the expenditure of funds therefor; and providing an effective date (File 3886–Design of Pecan Creek Tributary 4 Preliminary Design and CLOMR Project in the amount of $114,700). The Public Utilities Board recommends approval (6-0). E.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of two TouchPrint TM 3800 Booking Stations from Identix, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3860–Booking Stations for Police Department in the amount of $83,086). F.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of underdrains for Pecan Creek Water Reclamation Plant from Infilco Degremont, Inc., which is available from available from only one source in accordance with the pertinent provisions of the Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3884–Underdrain Systems for Pecan Creek Water Reclamation Plant Filters 1 and 2 in the amount of $259,000). The Public Utilities Board recommends approval (6-0). City of Denton City Council Agenda September 11, 2007 Page 3 G.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 to Denton Municipal Electric awarded to Time Warner Cable Media Sales in an amount not to exceed $33,488). The Public Utilities Board recommends approval (4-0). H.Consider approval of the minutes of: August 6, 2007 August 7, 2007 August 14, 2007 I.Consider adoption of an ordinance approving a flight school and aircraft maintenance facility airport lease agreement between the City of Denton, Texas and US Aviation Group; and providing an effective date. The Airport Advisory Board recommends approval (6-0).The Mobility Committee recommends approval (2-0). J.Consider adoption of an ordinance of the City of Denton, Texas, approving two correction deeds for the donation of street right-of-way from Windjammer, Ltd. to the City of Denton, dated September 12, 2006 containing approximately 1.038 acres and 1.210 acres and situated in the M. E. P. & P. R.R. Survey, Abstract No. 950; and providing an effective date. K.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Historical Park Foundation of Denton County, Inc. to refurbish the Quakertown House, an African American Historical Museum; providing for a $1,553.00 expenditure of funds therefor; and providing for an effective date. 4.PUBLIC HEARINGS A.Hold a public hearing and receive citizen input on the 2007-08 Proposed Budget. B.Hold a public hearing on a proposal to adopt a tax rate of $0.66652 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate. C.Hold a public hearing to consider the adoption of an ordinance for a Specific Use Permit for a gas well drilling and production site. The approximately 3 acre property is located within a Neighborhood Residential 4 (NR-4) zoning district and is generally located west of the Hickory Creek Heights Subdivision and south of Ryan Road.(S07-0012, O'Toole Lease No. 1H) The Planning and Zoning Commission recommends approval (6-0). City of Denton City Council Agenda September 11, 2007 Page 4 D.Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 0.642 acres of property from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located on the west side of Teasley Lane approximately 260 feet south of the intersection of Teasley Lane and Bent Oaks Drive.(Z07- 0020 Tiny Teasley Triangle) The Planning and Zoning Commission recommends approval (6-0). 5.ITEMS FOR INDIVIDUAL CONSIDERATION A.Consider approval of a resolution of the City Council of the City of Denton, Texas announcing that it will vote on a tax rate at its meeting of September 25, 2007; providing for publication of notice of such vote on the tax rate; and providing an effective date. B.Consider adoption of an ordinance on first reading under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 139 acres of land, contiguous and adjacent to the City of Denton 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). C.Consider adoption of an ordinance on second and final reading to voluntarily annex approximately 9.02 acres into the corporate city limits of the City of Denton, Texas. The first site is approximately 3.95 acres, the second site is approximately 0.173 acres, and the third site is approximately 4.897. The sites to be annexed are generally located on the north side of Spencer Road between Woodrow Lane and Brinker Road.(A07-0002, Denton Municipal Electric Spencer Complex Annexation) The Planning and Zoning Commission recommends approval (6-0). D.Consider nominations/appointments to City boards and commissions. E.Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: A.Pat Foutch regarding a follow-up for Lee Meadows Neighborhood on recent flooding. F.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. G.City Manager’s Report City of Denton City Council Agenda September 11, 2007 Page 5 H.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. I.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. 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 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: September 11, 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 A workshop to present the preliminary details of the budget was conducted on July 25, 2007, and the 2007-08 Proposed Budget was submitted to the City Council on July 31, 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: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: September 11, 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 the Denton Chamber of Commerce to assist in providing a venue for Denton residents to access the availability of healthcare and medical specialty facilities in the City of Denton; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $603 from Mayor Perry McNeill’s Council Contingency Fund. Key provisions of the agreement include: Funds shall be used by the Chamber to assist with the costs of marketing efforts to make citizens aware of the Medical Destination Committee’s website. The website will help to meet critical community needs. 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 Mayor McNeill’s contingency fund account. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant AGENDA INFORMATION SHEET AGENDA DATE: September 11, 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 the Denton Christian Preschool to provide tuition scholarships for needy children from low income families; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $250 from Council Member Jack Thomson’s Council Contingency Fund. Key provisions of the agreement include: Funds shall be used by the Denton Christian Preschool to assist with the costs of tuition for needy children from low income families who attend Denton Christian Preschool. 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 Council Member Jack Thomson’s contingency fund account. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant AGENDA INFORMATION SHEET AGENDA DATE: September 11, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler 349-8044 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of recycling carts for the Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3885-Interlocal Agreement for the Purchase of Recycling Carts for the Solid Waste Department awarded to Otto Environmental Systems LLC in an amount not to exceed $119,594.72). The Public Utilities Board recommends approval (6-0). FILE INFORMATION This item is for the purchase of 2,352 sixty-eight-gallon recycling carts residential recycling program. The Solid Waste Department must purchase additional residential residents to upsize from the small recycling cart. Declining inventory levels and the lead time required to manufacture and deliver carts necessitate additional purchases at this time. As of August 2007, the Solid Waste Department has less than 400 residential recycling carts in inventory. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its August 27, 2007. RECOMMENDATION Approve the purchase of recycling carts through the State of Texas Buy Board Cooperative Purchasing Network from Otto Environmental Systems LLC in the amount of $119,594.72. PRINCIPAL PLACE OF BUSINESS Otto Environmental Systems LLC Austin, TX Agenda Information Sheet September 11, 2007 Page 2 ESTIMATED SCHEDULE OF PROJECT The carts will be ordered upon Council approval and are estimated to be delivered by the last week of October 2007. FISCAL INFORMATION Funding is from cart revenues generated through the monthly single-family recycling fee, account number 660028585.1365.30100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote from Otto Environmental Systems LLC 1-AIS-File 3885 Attachment 1 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF RECYCLING CARTS FOR THE SOLID WASTE DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3885-INTERLOCAL AGREEMENT FOR THE PURCHASE OF RECYCLING CARTS FOR THE SOLID WASTE DEPARTMENT AWARDED TO OTTO ENVIRONMENTAL SYSTEMS LLC IN AN AMOUNT NOT TO EXCEED $119,594.72). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3885 Otto Environmental Systems LLC $119,594.72 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the , the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: _________________________________ 3-ORD-File 3885 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 August 27, 2007 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, 7 August 27, 2007 at 9:03 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton, Texas. 9 Present 10 : Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and 11 Bill Grubbs (arrived at 9:05 a.m.) 12 Absent 13 : John Baines, excused 14 15 Ex Officio Members: 16 George Campbell, City Manager, excused 17 Howard Martin, ACM Utilities, excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22 23 has had an opportunity to raise questions regarding these items prior to consideration. 24 25 2) Consider recommending approval of the Cost Proposal from Infilco Degremont, Inc., for the 26 purchase of two ABW Quickplate Underdrain systems for Filters 1 & 2 for the Pecan Creek 27 Water Reclamation Plant in an amount not to exceed $259,000. 28 29 3) Consider recommending approval for the purchase of recycling carts from Otto 30 31 program in an amount not to exceed $119,594.72. 32 33 4) Consider recommending approval of the purchase of refuse carts from Rehrig Pacific 34 35 amount not to exceed $62,351.84. 36 37 5) Consider recommending approval of American Public Power Association (APPA) annual 38 dues in the amount of $29, 063.30. 39 Board Member Phil Gallivan moved to approve Items 2 through 5 with a second from 40 Board Member Randy Robinson. The motion was approved by a 6-0 vote. 41 42 ITEMS FOR INDIVIDUAL CONSIDERATION 43 : 44 45 7) Consider recommendation of approval of a Professional Services Agreement for Architect or 46 Engineer between the City of Denton and Teague Nall and Perkins, Inc. in the amount of 47 $114,700 for the Pecan Creek Tributary 4 (PEC-4) Preliminary Design and CLOMR project 48 including final improvement recommendations, schematic drawings, channel modeling and 49 Conditional Letter of Map Revision preparation. 50 Public Utilities Board Agenda August 27, 2007 2 of 3 1 Chad Allen, Senior Engineer, presented this item and, with the use of exhibits, identified the 2 project location beginning near Bell Avenue and ending at Bernard Street. Allen pointed out that 3 the PEC-4 Channel crosses culverts at several locations, and that during the storms in April and 4 May this year, flooding was observed in five different locations where the water escaped the 5 channel, overtopped the culverts and the road creating hazardous conditions at these streets along 6 the existing channel. The overall project will reconstruct the channel, making it lower and wider, 7 and will rebuild the culverts so that future flooding of this kind will be decreased. The ultimate 8 outcome will be a narrower flood plain contained within the Channel from Bell Avenue to 9 Bernard Street. 10 11 The agenda item today is concerned with the initial phases of this effort which is the preliminary 12 design of the channel, culvert improvements upstream from Bell Avenue, and the Conditional 13 Letter of Map Revision Process (CLOMR). The CLOMR is a process which will allow staff to 14 create a plan of proposed improvements and to submit them to FEMA so that FEMA can respond 15 as to how those improvements, as proposed, will affect the floodplain. Allen stated that the 16 CLOMR is required. In some instances, a map revision is filed after the plans are created and 17 improvements have been made. In this case, because an existing flood way exists along PEC-4 18 in this area, the CLOMR is required prior to construction. 19 20 Board Member Dick Smith asked about the time frame for the CLMOR. Allen replied he was 21 not sure, but believed it would be several months, possibly three to six s intent is 22 to submit the CLOMR by April 2008. 23 24 Board Member Robinson asked when looking at the overall picture of the flooding that occurred 25 in April was PEC-4, from a severity standpoint, a priority area versus another area. 26 27 Jim Coulter, Director Water Utilities, replied that staff received direction from the City Council 28 and the PUB to concentrate on public health and safety issues, high water over roadways, and the 29 potential for loss of life. The Channel downstream from the PEC-4 was a site where two people 30 were washed off in 1996. Coulter stated there are a number of areas, but this is an area that 31 Council selected from a list of projects. 32 33 Board Member Bill Cheek asked if this was an area that could be fixed easier than some of the 34 others at this time. Coulter replied that by getting a complete preliminary design work for the 35 area, and submitting one CLOMR, the project can be broken up into small components. A total 36 fix from Wainwright to Bernard on this project might be anywhere from $6 to $10 million and 37 since there is not that kind of money, improvements will be done incrementally. Board Member 38 Cheek asked if there would be any right-of-way acquisition. Allen replied there would be some, 39 and that an earlier master plan had recommended the purchase of 2 or 3 homes along the 40 channel. 41 42 Board Member Robinson asked if there was an estimate of the amount of land that would be 43 removed from the flood plain. Coulter replied that if all of the downtown area was removed it 44 would be about 140 acres with 30 to 50 acres being removed when the project is completed. 45 46 Board Member Cheek recommended that staff include the acreage in the presentation to Council. Public Utilities Board Agenda August 27, 2007 3 of 3 Board Member Robinson moved to approve with a second from Board Member Dick 1 Smith. The motion was approved by a motion of 6-0. 2 3 4 The meeting was adjourned by consensus at 10:03 a.m. AGENDA INFORMATION SHEET AGENDA DATE: September 11, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne 349-8946 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for architectural or engineering services by and between the City of Denton, Texas and Teague Nall and Perkins, Inc. for the Design of the Pecan Creek Tributary 4 Preliminary Design and CLOMR Project; Providing for the Expenditure of funds therefor; and providing an effective date (File 3886-Design of Pecan Creek Tributary 4 Preliminary Design and CLOMR Project in the amount of $114,700). The Public Utilities Board recommends approval (6-0). FILE INFORMATION The Pecan Creek Tributary 4 Drainage Improvements project is a multi-year project currently included in the proposed 2008-2012 Capital Improvement Program. The proposed drainage improvements extend from the newly constructed concrete drainage channel between Wainwright Street and Bell Avenue upstream and northwest across Locust, South Elm, West Prairie, Stroud, West Sycamore, South Carroll and Mulberry before ending near Bernard Street. The land area identified as floodplain on the current FEMA Flood Insurance Rate Map along the Pecan Creek Tributary 4 project is equal to approximately 55 acres and surrounds over 115 existing buildings. Of the 115 buildings, approximately 40 have finish floor elevations below the 100-Year water surface elevation which is the FEMA Base Flood Elevation (BFE). The goal of the overall Pecan Creek Tributary 4 Drainage Improvements project is to remove as much of the adjacent land as possible from the floodplain and to have a positive impact on the surrounding buildings, especially those with elevations below the BFE.A complete description of the project is included in the Public Utilities Board agenda information sheet (Attachment 1). A project location drawing has also been included as Attachment 2. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its August 27, 2007 meeting. RECOMMENDATION Approve a professional services agreement with Teague Nall and Perkins, Inc. in the amount of $114,700 for the Pecan Creek Tributary 4 Preliminary Design and CLOMR. Agenda Information Sheet September 11, 2007 Page 2 PRINCIPAL PLACE OF BUSINESS Teague Nall and Perkins Denton, TX ESTIMATED SCHEDULE OF PROJECT This phase of the project is scheduled to begin September 2007 with an estimated completion date of April 2008. FISCAL INFORMATION This project will be funded from account 650047559.1360.21100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Public Utilities Board Agenda Sheet Attachment 2: Location Map 1-AIS-File 3886 PUBLIC UTILITIES BOARD AGENDA ITEM #7 AGENDA INFORMATION SHEET AGENDA DATE : August 27, 2007 DEPARTMENT : Utility Administration ACM: Howard Martin, 349-8232 SUBJECT Consider recommendation of approval of a Professional Services Agreement for Architect or Engineer between the City of Denton and Teague Nall and Perkins, Inc. in the amount of $114,700 for the Pecan Creek Tributary 4 (PEC-4) Preliminary Design and CLOMR project including final improvement recommendations, schematic drawings, channel modeling and Conditional Letter of Map Revision preparation. BACKGROUND In light of the recent season of heavy rains and associated flooding, the City Council has recognized the importance of pursuing drainage improvements in the Pecan Creek sub-basin. To that end, council recently approved the sale of $7.0 million dollars in bonds to address projects in the basin with a corresponding one cent ($0.01) property tax increase to cover the annual debt service on these bonds. Staff has immediately moved forward with implementing projects aimed at mitigating the effects of flooding in the Pecan Creek sub-basin. The Pecan Creek Tributary 4 Drainage Improvements project is a multi-year project currently included in the proposed 2008-2012 Capital Improvements Program. The proposed drainage improvements extend from the newly constructed concrete drainage channel between Wainwright Street and Bell Avenue upstream and northwest across Locust, South Elm, West Prairie, Stroud, West Sycamore, South Carroll and Mulberry before ending near Bernard Street. A project location drawing has been attached hereto as Exhibit 1. The PEC-4 Preliminary Design project is part of the overall Pecan Creek Tributary 4 Drainage Improvements project and includes the creation of final improvement recommendations throughout the entire length of the project, schematic plans for all proposed improvements, hydrologic and hydraulic modeling of the entire length of the project and the creation and submittal of a Conditional Letter of Map Revision (CLOMR) to FEMA. A CLOMR submittal allows FEMA to comment on the proposed improvements and make a determination about expected changes to the associated Flood Insurance Rate Map if the project is completed as proposed in the CLOMR. A CLOMR is necessary for this project because an existing FEMA floodway has already been designated along PEC-4 in this area. Any proposed development or construction that could affect the Base Flood Elevation in an area where a floodway has already been designated must be preceded by the FEMA CLOMR acceptance process. Acceptance of the CLOMR by FEMA is required before construction of any improvements can begin along the PEC-4 alignment upstream of Bell Avenue. The PEC-4 drainage area has been analyzed before by Teague Nall and Perkins as part of the Pecan Creek Master Plan back in 1996. The results of that plan included conceptual AIS – PUB Agenda Item #7 August 27, 2007 Page 2 of 3 recommendations for improvements along PEC-4. The recommendations were developed through hydrologic modeling using NUDALLAS software and hydraulic modeling using HEC-2 software. A hydrologic model is used to calculate peak flow quantities at points along the stream based upon characteristics like the size, shape, slope and type of ground cover of the contributing drainage basin. A hydraulic model is used to calculate water surface elevations within the stream based upon the amount of flow and the characteristics of the channel itself like its slope, shape, surface characteristics and obstructions like street crossings and culvert installations. The modeling and documentation effort performed during the Master Plan along with the detail provided with the previous recommendations are not sufficient for use in gaining acceptance of a CLOMR from FEMA. Therefore, it is the intent of this current project to update the previous analysis, finalize the recommendations, model the proposed improvements, create schematic plans in preparation for upcoming final design(s) and gain FEMA acceptance of a CLOMR so that construction can begin along PEC-4 as soon as possible. As part of the update, a new hydrologic model will be created for the PEC-4 drainage basin using current engineering software not available at the time of the Master Plan study. The consultant will use HEC-HMS software that is currently on the FEMA acceptable software list. The previous NUDALLAS software is not on the published acceptable software list. It is anticipated that the new hydrologic model will allow for the calculation of water flow quantity within PEC-4 that more realistically represents actual amounts observed during the recent flooding and over the past years by local residents. Another key element of the project is the performance of new hydraulic modeling of PEC-4 upstream of Bell Avenue. The new hydraulic modeling will be performed with HEC-RAS software instead of the HEC-2 software used during the Master Plan effort. FEMA has “strongly encouraged” the use of HEC-RAS over HEC-2 since 2001. The new hydraulic model will be used to incorporate new topographical survey data, analyze the proposed improvement options and create a final model with proposed improvements acceptable to FEMA for the creation and approval of a CLOMR for this project. Also included in this project are new survey and recommendations to account for land development along PEC-4 that has occurred since the previous Master Plan analysis north of West Sycamore at the Selby House and the DATCU. Previous recommendations in the Master Plan included the construction of a large flow diversion structure in this area. The construction of this diversion structure is no longer possible along the route identified in the Master Plan. The construction and realignment of this diversion structure will be reevaluated as part of this project. In conjunction with the modeling effort, schematic plans will be prepared for all proposed improvements along PEC-4 between Bell Avenue and Bernard Street. The schematic plans will be created using a level of detail at or greater than what is acceptable to FEMA for the review and approval of the CLOMR. The schematic drawings will include plan view drawings, profile drawings and typical sections for all improvements recommended as part of this project. The level of detail shown on the schematic plans will be sufficient to allow the City to move forward AIS – PUB Agenda Item #7 August 27, 2007 Page 3 of 3 directly with the detailed final design and construction document phase of any of the proposed improvements with future engineering contracts associated with the overall PEC-4 project. Other services proposed as part of this project include field survey and a limited environmental assessment of the project in accordance with the Clean Water Act, Section 404. The Professional Services Agreement for Architect or Engineer has been included with this Agenda Information Sheet. Please see Exhibit 2. OPTIONS 1.Approve the Professional Services Agreement. 2.Reject the Professional Services Agreement. RECOMMENDATIONS Staff recommends approval of the Professional Services Agreement between the City of Denton and Teague Nall and Perkins, Inc. in the amount of $114,700 for Engineering Services for the Pecan Creek Tributary 4 Preliminary Design project. ESTIMATED SCHEDULE OF PROJECT September 2007 to April 2008. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION: A total of $400,000 has been included in the CIP (Exhibit 3) over the next 5 years for the design of this project. BID INFORMATION N/A DATE SCHEDULED FOR COUNCIL APPROVAL September 11, 2007 EXHIBITS 1. Approximate Centerline PEC-4 Drainage Improvements Project 2.Professional Services Agreement 3.CIP Detail Sheet Respectfully submitted, Jim Coulter, Director Water/Wastewater Utilities Prepared by Frank G. Payne, P.E., City Engineer Attachment 2 EXHIBIT 1 ORDINANCE NO. 2007-________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES BY AND BETWEEN THE CITY OF DENTON, TEXAS AND TEAGUE NALL AND PERKINS, INC. FOR THE DESIGN OF THE PECAN CREEK TRIBUTARY 4 PRELIMINARY DESIGN AND CLOMR PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to engage the engineering firm of Teague Nall and Perkins, Inc. (TN&P), of Denton, Texas, to provide professional engineering services related to the Pecan Creek Tributary 4 (PEC-4) Preliminary Design and CLOMR project including final improvement recommendations, schematic drawings, channel modeling, and “Confidential Letter of Map Revision” preparation; and WHEREAS, City staff has reported to the City Council that there is a substantial need for the above-referenced professional engineering services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the “Professional Services Procurement Act,” generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The City Manager is hereby authorized by the City Council to execute a “Professional Services Agreement for Architect or Engineer” (the “Agreement”) with Teague Nall and Perkins, Inc., Denton, Texas, for professional engineering services related to the Pecan Creek Tributary 4 (PEC-4) Preliminary Design and CLOMR project, for a professional fee of not to exceed $114,700; in substantially the form of the “Professional Services Agreement for Architect or Engineer” that is attached hereto as Exhibit “A” and incorporated herewith by reference. SECTION 2: The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of TN&P and the demonstrated ability of TN&P to perform the services needed by the City for a fair and reasonable price. SECTION 3: The expenditure of funds as provided in the attached Agreement is hereby authorized. SECTION 4: This ordinance shall become effective immediately upon its passage and approval. 1 PASSED AND APPROVED this the ______ day of __________________, 2007 ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: __________________________________ 2 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 August 27, 2007 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, 7 August 27, 2007 at 9:03 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton, Texas. 9 Present 10 : Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and 11 Bill Grubbs (arrived at 9:05 a.m.) 12 Absent 13 : John Baines, excused 14 15 Ex Officio Members: 16 George Campbell, City Manager, excused 17 Howard Martin, ACM Utilities, excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22 23 has had an opportunity to raise questions regarding these items prior to consideration. 24 25 2) Consider recommending approval of the Cost Proposal from Infilco Degremont, Inc., for the 26 purchase of two ABW Quickplate Underdrain systems for Filters 1 & 2 for the Pecan Creek 27 Water Reclamation Plant in an amount not to exceed $259,000. 28 29 3) Consider recommending approval for the purchase of recycling carts from Otto 30 31 program in an amount not to exceed $119,594.72. 32 33 4) Consider recommending approval of the purchase of refuse carts from Rehrig Pacific 34 35 amount not to exceed $62,351.84. 36 37 5) Consider recommending approval of American Public Power Association (APPA) annual 38 dues in the amount of $29, 063.30. 39 Board Member Phil Gallivan moved to approve Items 2 through 5 with a second from 40 Board Member Randy Robinson. The motion was approved by a 6-0 vote. 41 42 ITEMS FOR INDIVIDUAL CONSIDERATION 43 : 44 45 7) Consider recommendation of approval of a Professional Services Agreement for Architect or 46 Engineer between the City of Denton and Teague Nall and Perkins, Inc. in the amount of 47 $114,700 for the Pecan Creek Tributary 4 (PEC-4) Preliminary Design and CLOMR project 48 including final improvement recommendations, schematic drawings, channel modeling and 49 Conditional Letter of Map Revision preparation. 50 Public Utilities Board Agenda August 27, 2007 2 of 3 1 Chad Allen, Senior Engineer, presented this item and, with the use of exhibits, identified the 2 project location beginning near Bell Avenue and ending at Bernard Street. Allen pointed out that 3 the PEC-4 Channel crosses culverts at several locations, and that during the storms in April and 4 May this year, flooding was observed in five different locations where the water escaped the 5 channel, overtopped the culverts and the road creating hazardous conditions at these streets along 6 the existing channel. The overall project will reconstruct the channel, making it lower and wider, 7 and will rebuild the culverts so that future flooding of this kind will be decreased. The ultimate 8 outcome will be a narrower flood plain contained within the Channel from Bell Avenue to 9 Bernard Street. 10 11 The agenda item today is concerned with the initial phases of this effort which is the preliminary 12 design of the channel, culvert improvements upstream from Bell Avenue, and the Conditional 13 Letter of Map Revision Process (CLOMR). The CLOMR is a process which will allow staff to 14 create a plan of proposed improvements and to submit them to FEMA so that FEMA can respond 15 as to how those improvements, as proposed, will affect the floodplain. Allen stated that the 16 CLOMR is required. In some instances, a map revision is filed after the plans are created and 17 improvements have been made. In this case, because an existing flood way exists along PEC-4 18 in this area, the CLOMR is required prior to construction. 19 20 Board Member Dick Smith asked about the time frame for the CLMOR. Allen replied he was 21 not sure, but believed it would be several months, possibly three to six s intent is 22 to submit the CLOMR by April 2008. 23 24 Board Member Robinson asked when looking at the overall picture of the flooding that occurred 25 in April was PEC-4, from a severity standpoint, a priority area versus another area. 26 27 Jim Coulter, Director Water Utilities, replied that staff received direction from the City Council 28 and the PUB to concentrate on public health and safety issues, high water over roadways, and the 29 potential for loss of life. The Channel downstream from the PEC-4 was a site where two people 30 were washed off in 1996. Coulter stated there are a number of areas, but this is an area that 31 Council selected from a list of projects. 32 33 Board Member Bill Cheek asked if this was an area that could be fixed easier than some of the 34 others at this time. Coulter replied that by getting a complete preliminary design work for the 35 area, and submitting one CLOMR, the project can be broken up into small components. A total 36 fix from Wainwright to Bernard on this project might be anywhere from $6 to $10 million and 37 since there is not that kind of money, improvements will be done incrementally. Board Member 38 Cheek asked if there would be any right-of-way acquisition. Allen replied there would be some, 39 and that an earlier master plan had recommended the purchase of 2 or 3 homes along the 40 channel. 41 42 Board Member Robinson asked if there was an estimate of the amount of land that would be 43 removed from the flood plain. Coulter replied that if all of the downtown area was removed it 44 would be about 140 acres with 30 to 50 acres being removed when the project is completed. 45 46 Board Member Cheek recommended that staff include the acreage in the presentation to Council. Public Utilities Board Agenda August 27, 2007 3 of 3 Board Member Robinson moved to approve with a second from Board Member Dick 1 Smith. The motion was approved by a motion of 6-0. 2 3 4 The meeting was adjourned by consensus at 10:03 a.m. AGENDA INFORMATION SHEET AGENDA DATE: September 11, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Roy W. Minter, Jr. 349-7925 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of two TouchPrint TM 3800 Booking Stations from Identix, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3860-Booking Stations for Police Department in the amount of $83,086). FILE INFORMATION This request is for the acquisition of two TouchPrint Model 3800 enhanced definition line scan booking stations with integrated full-hand scanning. Each station also includes appliance and full-hand scanning deck, stand alone cabinet, desk top PC, Cheetah board, application software, -year 9-5 on-site warranty service and on-site training are also included. This agenda item addresses the Live Scan optical printer for the jail and juvenile booking area which by law, must be in two separate locations. Live Scan systems contain state of the art optics that capture higher quality fingerprints and can provide instant feedback on the quality of prints taken without the use of ink. These systems analyze prints taken and allows for digital scoring of prints. Once the prints are categorized and stored in the Automated Fingerprint Identification System (AFIS), latent prints from crime scenes can be compared to an entire database, and leads are developed for investigators where none may have existed before. The new booking stations will also save manpower hours. Currently, hand written forms are generated and submitted to the Crimes Records Division of the State Department of Public Safety (DPS) for each charge filed against detained persons. The new stations will send encrypted emails to DPS and eliminate the time consuming process of completing the manual forms. This is a sole source acquisition involving patent protected processes and related software. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. Agenda Information Sheet September 11, 2007 Page 2 RECOMMENDATION Approve the acquisition of two TouchPrint Model 3800 booking stations from Identix, Inc. in the amount of $83,086. PRINCIPAL PLACE OF BUSINESS Identix, Inc. Round Rock, TX ESTIMATED SCHEDULE OF PROJECT Installation and training can be accomplished within 30-45 days after notice to proceed. FISCAL INFORMATION Funding for this item is available from U.S. Department of Justice Grant account 312004.8535. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote from Identix, Inc. Attachment 2: Sole Source Letter 1-AIS-File 3860 Attachment 1 Attachment 2 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF TWO TOUCHPRINT TM 3800 BOOKING STATIONS FROM IDENTIX, INC., WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3860-BOOKING STATIONS FOR POLICE DEPARTMENT IN THE AMOUNT OF $83,086). 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 and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3860 Identix, Inc. $83,086 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 3860 AGENDA INFORMATION SHEET AGENDA DATE: September 11, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of underdrains for Pecan Creek Water Reclamation Plant from Infilco Degremont, Inc., which is available from only one source in accordance with the pertinent provisions of the Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3884-Underdrain Systems for Pecan Creek Water Reclamation Plant Filters 1 and 2 in the amount of $259,000). The Public Utilities Board recommends approval (6-0). FILE INFORMATION The underdrains for Filters 3 and 4 at the Pecan Creek Water Reclamation Plant (PCWRP) are currently under a rehabilitation contract. This project is expected to be completed within the next two months. Infilco Degremont, Inc. (IDI) is the manufacturer of the underdrains for Filters 3 and 4 currently under construction. To keep the underdrains for all the filters uniform, and to expedite rehabilitation of the remaining two filters, staff is recommending that the underdrains for Filters 1 and 2 be purchased by IDI. Pre-purchase of the equipment will allow staff to bid the installation contract during the delivery time of the equipment. This is a sole source acquisition involving compatibility of existing equipment. IDI is under contract with Crescent Constructors to rebuild the existing underdrain systems on Filters 3 and 4 using the proprietary Quickplate underdrain system. IDI is the only manufacturer that furnishes a Quickplate system identical to the ones being furnished for Filters 3 and 4. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, do not have to be competitively bid. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its August 27, 2007 meeting. RECOMMENDATION Approve the purchase of underdrains for Filters 1 and 2 for the Pecan Creek Water Reclamation Plant from Infilco Degremont, Inc. in an amount not to exceed $259,000. Agenda Information Sheet September 11, 2007 Page 2 PRINCIPAL PLACE OF BUSINESS Infilco Degremont, Inc. Richmond, VA ESTIMATED SCHEDULE OF PROJECT This project will be completed within six months of issuing the Notice to Proceed. FISCAL INFORMATION Funds for the rehabilitation/upgrade of the underdrain system are included in the FY2010 Capital Improvement Program and budgeted in account 640079537.1360.40100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Proposal from Infilco Degremont, Inc. Attachment 2: Sole Source Letter 1-AIS-File 3884 Attachment 1 August 6, 2007 Mr. Pete May Plant Supervisor ôÏ×ÔÑÚÎùØÖËØÐÎÏÉôÏÚ Pecan Creek WRP Denton, TX ÐÑ Þ±¨ éïíçð Î·½¸³±²¼ô Êß îíîëëóïíçð èððé Ü·½±ª»®§ Ü®·ª» Re: Infilco Degremont Proposal No. 50073515.01-Rev C Î·½¸³±²¼ô Êß îíîîç Pecan Creek WRP Ì»´æ øèðì÷ éëêóéêðð Ú¿¨æ øèðì÷ éëêóéêìí ×¼·ò·²º±à·²º·´½±¼»¹®»³±²¬ò½±³ ©©©ò·²º·´½±¼»¹®»³±²¬ò½±³ Dear Mr. May: It was a pleasure talking to you on Friday (08/03/07) regarding your request for components for the ABW Quickplate underdrain for filters 1 & 2. Please recent contract we are executing with Crescent Constructors on filters 3 & rebuilding filters 1 & 2 will have approximately 40+ cell dividers compared to the contract with Crescent. We have endeavored to provide complete information in this proposal. Please feel free to contact us with any questions. Sincerely, S. Venkataraman Application Engineer Proposal No. 50073515.01-Rev C Page 2 August 6, 2007 ×Ü× Î»¹·±²¿´ Ó¿²¿¹»® ×Ü× Í¿´» Î»°®»»²¬¿¬·ª» Ö±¸² Ø«¹¸» Þ±¾ Î«»´´ ×²º·´½± Ü»¹®»³±²¬ô ×²½ò Ø¿®¬©»´´ Û²ª·®±²³»²¬¿´ Ý±®°±®¿¬·±² ééîî Ù´»² Î±» Ø·¹¸©¿§ ëîïï É»¬ ß®µ¿²¿ Ô¿²» Ù®¿²¾«®§ô ÌÈ éêðìè ß®´·²¹¬±²ô ÌÈ éêðïê Ì»´æ èïéñîéçóðêèè Ì»´æ èïéñììêóçëðð Ú¿¨æ èïéñîéçóðêìï Ú¿¨æ èïéñììêóéîðð Û³¿·´æ Û³¿·´æ ¶±¸²ò¸«¹¸»à·²º·´½±¼»¹®»³±²¬ò½±³ ¾®«»´´à¸¿®¬©»´´»²ª·®±²³»²¬¿´ò½±³ Infilco Degremont Inc PO Box 71390 Richmond,VA 23255-1390 8007 Discovery Drive, Richmond, VA 23229 Water and Wastewater Telephone: 804.756.7600 Fax: 804.756.7643 Idi.info@infilcodegremont.com Treatment Solutions www.infilcodegremont.com ÐÝ ÎÑÐÑÍßÔ ßÒÜ ÑÒÌÎßÝÌ Mr. Pete May TO: Proposal No.: 50073515.01 Rev - C Plant Supervisor Date: 8/6/07 Pecan Creek WRP Denton, TX Pecan Creek WRP, Denton, TX For: (hereinafter referred to as "Purchaser") Infilco Degremont Inc (hereinafter referred to as "IDI") offers to furnish the following described materials and equipment ("Products") and/or services at the prices ("Purchase Price") stated herein and in accordance with the Conditions of Sale and other provisions contained or referenced herein. This Proposal shall remain in effect for 60 days from the date hereof and shall expire at that time unless extended in writing by IDI. The Purchase Price is based upon only the Conditions of Sale and other provisions specifically contained or referenced herein. Purchaser's acceptance of this Purchase Price, whether by issuance of a purchase order or otherwise, or acceptance of delivery of the Products and/or services furnished hereunder, shall be considered acceptance by the Purchaser of all the Conditions of Sale and other provisions contained or referenced herein, notwithstanding any statement in Purchaser's acceptance or order to the contrary. IDI hereby objects to and rejects any proposal by Purchaser to modify, amend, limit, add to or delete any of the Conditions of Sale or other provisions contained or referenced herein unless expressly accepted in writing by IDI. This Proposal and any resulting contract shall be referred to hereinafter as "this Contract". Í»½ ïïíïëæ Ú«®²·¸·²¹ ±º Ï«·½µÐ´¿¬» «²¼»®¼®¿·² §¬»³ º±® ¬¸» ¬©± øî÷ »¨·¬·²¹ º·´¬»®æ Ú·´¬»® Ò±ò ï ¿²¼ Ú·´¬»® Ò±ò îò ×Ü× Î»¹·±²¿´ Ó¿²¿¹»® ×Ü× Í¿´» Î»°®»»²¬¿¬·ª» Ö±¸² Ø«¹¸» Þ±¾ Î«»´´ ×²º·´½± Ü»¹®»³±²¬ô ×²½ò Ø¿®¬©»´´ Û²ª·®±²³»²¬¿´ ééîî Ù´»² Î±» Ø·¹¸©¿§ Ý±®°±®¿¬·±² Ù®¿²¾«®§ô ÌÈ éêðìè ëîïï É»¬ ß®µ¿²¿ Ô¿²» Ì»´æ èïéñîéçóðêèè ß®´·²¹¬±²ô ÌÈ éêðïê Ú¿¨æ èïéñîéçóðêìï Ì»´æ èïéñììêóçëðð Û³¿·´æ Ú¿¨æ èïéñììêóéîðð ¶±¸²ò¸«¹¸»à·²º·´½±¼»¹®»³±²Û³¿·´æ ¾®«»´´à¸¿®¬©»´´»²ª·®±²³»²¬¿´ò½±³ ¬ò½±³ Proposal No. 50073515.01 Rev C Page 1 Date: 8/6/07 Ò±¬» ú Ý´¿®·º·½¿¬·±² ïò É» ¸¿ª» ¿«³»¼ ¬¸¿¬ ©» ¿®» º«®²·¸·²¹ º·´¬»® ½±³°±²»²¬ øº±® º·´¬»® ï ú î÷ ·² ¿½½±®¼¿²½» ©·¬¸ ¬¸» ÝÜÓ °»½·º·½¿¬·±² ·³·´¿® ¬± ±«® »¿®´·»® ±ºº»® ¬± Ý®»½»²¬ Ý±²¬®«½¬±® º±® ®»¾«·´¼·²¹ º·´¬»® í ú ìò ßÞÉ Ú·´¬»® Ý±³°±²»²¬ The following materials will be provided by IDI to replace the existing underdrain for existing two (2) ABW Filters, 16 ft x 86 cells (for Filters No. 1 & 2). 1. Leveling Strips along with anchoring hardware 2. Lower Cell Dividers 3. Upper Cell Divider Saddles 4. Upper Cell Dividers 5. Porous plates 6. Isobutyl adhesive strips 7. Sikaflex adhesive sealant 8. Stainless Steel Wall Angles 9. All anchoring hardware 10. Sand Media delivered in 3000 lb sacks on Pallets. 11. Thirteen (13) days of Field service in not more than five (5) trips to provide instructions on installing the underdrain and other items. The following is breakdown of the field service schedule: Nine (9) days in not more than three (3) trips to assist with installation of underdrain per paragraph 1.03.B.2 (section 11315) Three (3) days in not more than one (1) trip for inspection, startup and testing per paragraph 3.04.A One (1) day to attend the pre-construction meeting with the engineer and Contractor. Í½±°» ±º Í«°°´§ Þ§ Ñ¬¸»® ú Û¨½´«·±² 1. Disposal of existing filter media in the existing filters 2. Demolition of existing underdrain 3. Installation of new underdrain including media. 4. Unloading and protection of materials by others. 5. Please note that the existing end sections and influent ports that are embedded in concrete will be used as is and have not been included in this proposal. We have also not included any abovewater items in this proposal. 6. W herein) in the existing filter are in working condition and will be used as is. We have not included any such items in this offer. Proposal No. 50073515.01 Rev C Page 2 Date: 8/6/07 ×²º·´½± Ü»¹®»³±²¬ ×²½ò øþ×Ü×þ÷ ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ÍßÔÛ 1. ENTIRE AGREEMENT. The Terms and Conditions of Sale set forth herein, and any supplements which may be attached hereto, nafter referred to as ications, quotations, purchase orders, correspondence or communications whether written or oral between the Purchaser and IDI. No amendment or modification hereto nor any statement, representation or warranty not contained herein shall be binding on IDI unless made in writing and signed by an authorized representative of IDI. Prior dealings, usage of the trade or a course of performance shall not be relevant to determine the meaning of this Contract. 2. TAXES. The Purchase Price does not include any state or local sales or use taxes. 3. PAYMENT. Payment shall be net thirty (30) days in accordance w 4. RISK OF LOSS. Risk of loss or damage to the Equipment, or any part thereof, shall pass to Purchaser upon delivery of the Equipment or part to Purchaser at the delivery point stated i 5. EXCUSABLE DELAY. IDI shall not be liable for any delay in performance or failure to perform due to any cause beyond IDI's reasonable control including, fire, flood, or any other act of God, strike or other labor difficulty, any act, instructions, directions or omission to act of any civil or military authority or of the Purchaser, Owner, or Engineer, change in laws, any insurrection, riot, embargo, unavailability or delays in transportation or car shortages. In the event IDI's performance is delayed by any of the foregoing causes, IDI's IDI's performance, Purchaser shall pay IDI any additional costs incurred by any stored Equipment, or any part thereof, as if they had been delivered in accordance with the milestone schedule. 6. PROPRIETARY INFORMATION. All information, plans, drawings, tracings, specifications, programs, reports, models, mock-ups, designs, calculations, schedules, technical information, data, manuals, proposals, CADD documents and other materials, including those Instruments of Serviceprepared and furnished by IDI for use solely with respect to this Project. IDI shall be deemed the author and owner of these Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. The Purchaser, Engineer, or Owner shall not use these Instruments of Service for future additions or alterations to this Project or for other projects, without the prior written agreement by IDI. The Instruments of Service furnished by IDI are proprietary to IDI, submitted in strict confidence and shall not be reproduced, transmitted, disclosed or used in any other manner without IDI's written authorization. 7. INSPECTION BY PURCHASER. Purchaser may inspect the Equipment at the point of manufacture, provided that such inspection is arranged and conducted so as not to unreasonably interfere with IDI's or the manufacturer's operations. 8. WARRANTY OF TITLE. IDI warrants and guarantees that upon payment title to all Equipment covered by any invoice submitted to Purchaser will pass to Purchaser free and clear of all liens. 9. WARRANTY. IDI warrants that its Equipment and be free from defects in material and workmanship for a period of one (1) year from date its Equipment is initially placed in operation or eighteen (18) months from date its Equipment and a determination by IDI that such defect is covered under the foregoing warranty, IDI shall, at its option, repair or replace the defective part or parts, f.o.b. factory. This warranty does not cover failure or damage due to storage, installation, operation or maintenance not in coranty does not cover reimbursement for labor, gaining access, removal, installation, temporary power or any other expenses that may be incurred with repair or replacement. IDI shall have no responsibility for the condition of primed or finish painted surfaces after the Equipment leaves its point of manufacture. Field touch-up of shop primed or painted surfaces are normal and shall b Unless otherwise specifically provided for herein, IDI provides no other of product performance or process results. Correction of non- conformities in the manner and for the period of time provided above shall constitu failure of IDI to meet its warranty obligations, whether claims of purchaser are based in contract, tort (including negligence or strict liability), or otherwise. THE FOREGOING WARRANTIES ARE EXCLUSIVE, AND IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 10. BACKCHARGES. IDI shall not be liable for any charges incurred by Purchaser for work, repairs, replacements or alterations to the Equipment, without IDI's prior written authorization, and any adverse consequences resulting from such unauthorized work shall be Purchaser's full responsibility. 11. LIQUIDATED DAMAGES. Any liquidated damages clauses for failure to meet shipping or job completion promises are not acceptable or binding upon IDI, unless such clauses are specifically accepted in writing by an authorized representative of IDI at its headquarters office. 12. LIMITATION OF LIABILITY. Neither party shall be liable to the other party for any special, indirect, incidental, consequential or punitive damages arising from their obligations under this Contract, whether such damages are based upon breach of contract, breach of warrantEquipment or parts of the Equipment on which such liability is based. 13. CANCELLATION BY PURCHASER.If Purchaser cancels this Contract or refuses to accept delivery of the Equipment, Purchaser shall be liable to IDI for reasonable costs incurred by IDI including, cancellation charges, administrative costs, and commissions to sales representatives for all work performed or in process up to the time of cancellation or refusal to accept delivery. 14. DEFAULT BY PURCHASER.In the event Purchaser should breach its obligations under this Contract or if the Project is suspended or delayed for more than 120 cumulative days, then IDI may, without prejudice to any other right or remedy it may have at law or equity, terminate this Contract or suspend performance if Purchaser fails to cure such breach within thirty (30) days of written notice. In such event, IDI shall be paid for all work performed prior to termination/suspension, including all costs related to the termination/suspension. If payments are not made in accordance with the terms contained herein, a service charge may, without prejudice to the right of IDI to immediate payment, be added in an amount equal to the lower of 1.5% per month or fraction thereof or the highest legal rate on the unpaid 15. DEFAULT BY SELLER.In the event of any default by IDI and prior to Purchaser terminating the work for default, Purchaser shall give written notice of default to IDI. IDI shall remedy the default to the reasonable satisfaction of the Purchaser within thirty (30) days of receipt of such written notice or, if such default cannot reasonable be remedied within such thirty (30) day period, IDI shall promptly begin to remedy the default within the thirty (30) day period and thereafter diligently prosecute to conclusion all acts necessary to remedy the default, in which event such default shall be deemed to be remedied. 16. PATENT AND COPYRIGHT INFRINGEMENT. IDI shall defend any action or proceeding brought against Purchaser based on any claim that the Equipment infringes any United States patent or copyright, provided the Equipment is used in the manner specified and is mpt written notice to IDI of any such actio in the defense of same. If Purchaser is enjoined from the operation or use of the Equipment, IDI shall take reasonable steps to procure the right to ion and expense, (i) modify the Equipment so as to avoid infringement of any such patent or copyright, (ii) replace said Equipment with equipment that does not infringe or violate any such patent or copyright, or (iii) as a last resort, remove the Equipment and refund the purchase price. 17. INDEMNITY. To the extent and proportion of its negligence, IDI will indemnify and hold Purchaser harmless for any claims, damages, suits, or losses by third parties for death or bodily injury or damage to tangible property (other than to the Equipment itself) 18. GOVERNING LAW/JURISDICTION. This Contract shall be governed by, interpreted and enforced in accordance with the laws applicable in the state where the jobsite is located, without regard to any conflicts of law principles thereof. Any dispute that cannot be resolved amicably by the Parties shall be referred to the federal or state courts having jurisdiction over the jobsite. The Parties irrevocably waive the right to request trial by jury. 19. NOTICES. Unless otherwise provided, any notices to be given hereunder shall be given in writing at the address and to the representatives mentioned in the Contract Documents and shall be deemed effectively given (i) upon personal delivery to the party to be notified, (ii) on confirmation of receipt by fax by the party to be notified, (iii) one business day after deposit with a reputable overnight courier, prepaid for overnight delivery and addressed as set forth herein, or (iv) three days after deposit with the U.S Post Office, postage prepaid, registered or certified, with return receipt requested. 20. ASSIGNMENT/SUCCESSORSHIP.Neither IDI nor Purchaser may assign this Contract without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Any prohibited assignment shall be null and void.IDI and Purchaser intend that the provisions of this Contract are binding upon the parties, their employees, agents, heirs, successors and assigns. 21. SEVERABILITY.If any term, condition or provision of this Contract or the application thereof to any party or circumstance shall at any time or to any extent be invalid or unenforceable, then the remainder of this Contract, or the application of such term, condition or provision to parties or circumstances other than those which it is held invalid or unenforceable, shall not be affected thereby, and each term, condition and provision of this Contract shall be valid and enforceable to the fullest extent permitted by law. 22. NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Contract or to exercise any right under this Contract shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. ÝÑÒÜ×Ì×ÑÒÍ ÑÚ Ú×ÛÔÜ ÍÛÎÊ×ÝÛ If this Contract does not include Field Service or if Purchaser requires such service in addition to that included in this Contract, Purchaser may purchase from IDI such Field Service or technical advice during installation or start-up of the Products, in which case Purchaser agrees to pay IDI for Work Time, Travel Time and Standby Time based on (l) IDI's "per diem" rates in effect at the time the service is performed; (2) the expenses of each IDI employee so furnished; and (3) the terms and conditions under which such service is performed. "PER DIEM" CHARGES FOR SERVICE The following rates are currently in effect. They are subject to change by IDI and are based on the definitions below. These rates are for domestic service only. Rates for service outside the Continental United States will be quoted upon request. Ý´¿·º·½¿¬·±² ±º Í»®ª·½»³¿² Í¬®¿·¹¸¬ Ì·³» Î¿¬» ü Ð»® STANDARD SERVICE 1500.00 day ü Ð»® ü Ð»® TIME DEFINITIONS CHARGES FOR EXPENSES (a) Work Time - shall include all hours that IDI service personnel are on In addition to the "Per Diem" charges above, Purchaser shall pay IDI for Purchaser's job site, either working or ready for work, and shall be payable all the traveling and living expenses and all other expenses of each IDI at the applicable specified rates. employee incidental to the work. (b) Travel Time - shall include the time spent by IDI service personnel in TERMS AND CONDITIONS traveling between their customary headquarters and Purchaser's job site and in returning (including travel occurring on Saturdays, Sundays and (l) Notification - Purchaser shall give IDI at least two (2) weeks advance holidays) up to a maximum of eight (8) hours chargeable time for any given notice when ordering Field Service. one-way trip. Travel Time shall be paid for at the applicable Straight Time Rate and shall not be cumulative with Work Time in determining Overtime. (2) Terms of Payment - Purchaser shall pay IDI immediately upon receipt of invoices covering the time and expenses of IDI's employees (c) Standby Time - shall include all time (excluding Work Time) that IDI furnished for such services. OVERDUE PAYMENTS NOT RECEIVED service personnel are available for work at Purchaser's job site, whether on BY IDI WITHIN THIRTY (30) DAYS FROM DATE OF INVOICE SHALL the job site or not, up to a maximum of eight (8) hours per day, between the BE SUBJECT TO FINANCE CHARGES AT THE RATE OF ONE AND hours of 7:00 a.m. and 6:00 p.m., Sunday through Saturday, including ONE-HALF PERCENT (l-l/2%) PER MONTH. holidays if availability has been requested by Purchaser. Standby Time shall be paid for at the applicable Straight Time Rate; however, Standby (3) Time Sheets - IDI employees shall present Purchaser at the end of Time preceded and/or followed by Work Time is cumulative in determining each week or at the completion of the job if less than one (l) week, Overtime. appropriate documents on which shall be indicated the number of hours spent and the estimated expense incurred on this work. Purchaser RATE DEFINITIONS shall sign these documents in the place indicated, thus signifying approval of the time spent and estimated expense incurred on this (a) Straight Time Rate - This rate shall be paid for Work Time, Standby work. Time or Travel Time on a regular schedule of eight (8) hours per day, Monday through Friday. (4) Delays - If the work of an IDI employee is postponed or suspended by Purchaser, or is delayed or does not proceed with reasonable (b) Time and One-Half Rate - The rate of one and half (l-l/2) times the dispatch, due to no fault of IDI, IDI may withdraw such employee and Straight Time Rate shall be paid for any Work Time or Standby Time in return a serviceman to the job when needed and available; and any excess of eight (8) hours, but not exceeding sixteen (16) hours, per day, additional costs (including Travel Time and expenses) incurred by IDI Monday through Friday, and for any Work Time or Standby Time on because of this shall be an additional charge to Purchaser. Saturdays, not to exceed sixteen (16) hours. (5) Limitation of Liability - IDI in providing any Field Service hereunder, (c) Double Time Rate - The rate of twice the Straight Time rates shall be shall do so in an advisory capacity only and shall not be held paid for time worked in excess of sixteen (16) hours per day, without a six responsible in any way for the acts, workmanship or omissions of the (6) hour break, Monday through Saturday, and for all time worked on employees, contractors, sub-contractors or agents of Purchaser. IDI Sundays and holidays. Holidays shall be those observed in the locality SHALL NOT BE LIABLE IN ANY EVENT FOR SPECIAL, INDIRECT, where the work is to be performed.INCIDENTAL OR CONSEQUENTIAL DAMAGE. Proposal No. 50073515.01 Rev C Page 5 Date: 8/6/07 ÐËÎÝØßÍÛ ÐÎ×ÝÛÌ©± Ø«²¼®»¼ ß²¼ Ú·º¬§ Ò·²» Ì¸±«¿²¼ Ü±´´¿® : (exclusive of taxes per Condition 2 of IDI Conditions of Sale) îëçôðððòðð Total Dollars ($ ) Pricing is valid for 60 days from the date of this proposal. After such date, pricing is subject to the Producer Price Index, calculated from the original proposal/bid date. In addition for steel,stainless steel components the pricing is subject to the London Metal exchange index for steel,stainless steel finished products, stainless steel rolled coil calculated from the original proposal/bid date. FOB Jobsite ÌÛÎÓÍ ÑÚ ÐßÇÓÛÒÌ (as follows, subject to Condition 3 of IDI Conditions of Sale): 10% Net Cash, Payable in thirty(30) days from date of submittal of initial drawings for approval; 85% Net Cash, Payable in progress payments thirty (30) days from dates of respective shipments of the Products; 5% Net Cash, Payable in thirty (30) days from Product installation and acceptance or Ninety (90) days after date of final Product delivery, whichever occurs first. * ÍÛÎÊ×ÝÛ : Field Service included in this Contract shall be provided for a period not to exceed eight-hour man-days * provided in not more than trips to check the completed installation by Purchaser, to place the Products in operation and to instruct Purchaser in their operation. Purchaser agrees to pay IDI for any additional service days and/or trips in accordance with IDI's standard service rates and conditions in effect at the time the service is performed. A minimum of one (1) full day of service will be charged to each trip . * See proposal details ÍÝØÛÜËÔÛ : Approval drawings and data shall be submitted approximately + weeks after agreement to all terms, as IDI's receipt of fully executed letter agreement. IDI estimates that shipment of the Products can be made in approximately ** weeks after IDI has received from Purchaser final approval of all submittal drawings and data. PURCHASER'S ACCEPTANCE: BY ITS SIGNATURE BELOW OR ISSUANCE OF ANY PURCHASE ORDER OR OTHER DOCUMENT, NOTWITHSTANDING ANY STATEMENT OR PROVISION CONTAINED THEREIN TO THE CONTRARY, PURCHASER AGREES TO ALL THE CONDITIONS AND PROVISIONS OF THIS PROPOSAL AND CONTRACT. NO OFFER BY PURCHASER TO ALTER, AMEND, LIMIT OR DELETE ANY CONDITION OR PROVISION OF THIS PROPOSAL AND CONTRACT SHALL BE BINDING UPON IDI UNLESS EXPRESSLY ACCEPTED IN WRITING BY IDI. ÐËÎÝØßÍÛÎùÍ ßÝÝÛÐÌßÒÝÛæ×ÒÚ×ÔÝÑ ÜÛÙÎÛÓÑÒÌ ×ÒÝ Company Name By: S. Venkataraman By: Application Engineer Name/Title Name/Title Date: Date: 8/6/07 Í¸·° Ì±æ + Three (3) weeks for submission of approval drawings ** Nine (9) weeks for delivery of underdrain and media after receipt of approved submittals. Attachment 2 Mr. Pete May Plant Manager Pecan Creek WRP Denton, TX Re: Filter Underdrain Rebuild for Filters 1 & 2 Dear Mr. May: ABW Filters is a registered trademark of Infilco Degremont, Inc., 8007 Discovery Drive, Richmond, VA 23229 and are designed and engineered specifically for your treatment application and installation. ABW Filters are sold only by Infilco Degremont, Inc., an original equipment manufacturer of water and wastewater treatment equipment. Please recall that IDI is under contract with Crescent Constructors to rebuild the existing underdrain systems on filters 3 & 4 at Pecan Creek using the proprietary Quickplate underdrain system. IDI is the only manufacturer of this Quickplate underdrain system and the only manufacturer that can furnish the Quickplate underdrain system identical to the ones being furnished for filters 3 & 4. The components of the ABW Quickplate underdrain system are sold directly to end-users by Infilco Degremont, Inc and for the North Texas area we are represented exclusively by Hartwell Environmental Corporation. Infilco Degremont, Inc. is committed to providing quality equipment, parts, and service for your plant. If you have any questions, please call me at 804-756-7706 Sincerely, Shekar Venkataraman Applications Engineer Toll free: 800/446-1150 ext. 7847 Fax: 804/756-7643 Email: shekar.venkataraman@infilcodegremont.com CC- John Hughes IDI Bob Russell Hartwell Environmental. ×ÒÚ×ÔÝÑ ÜÛÙÎÛÓÑÒÌô ×ÒÝò 8007 DISCOVERY DRIVE, RICHMOND, VA 23229 USA P.O. BOX 71390, RICHMOND, VA 23255-1390 804 756--7643 (FAX) WWW.INFILCODEGREMONT.COM ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF UNDERDRAINS FOR PECAN CREEK WATER RECLAMATION PLANT FROM INFILCO DEGREMONT, INC., WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF THE CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3884- UNDERDRAIN SYSTEMS FOR PECAN CREEK WATER RECLAMATION PLANT FILTERS 1 AND 2 IN THE AMOUNT OF $259,000). 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 and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3884 Infilco Degremont, Inc. $259,000 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-File 3884 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 August 27, 2007 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, 7 August 27, 2007 at 9:03 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton, Texas. 9 Present 10 : Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and 11 Bill Grubbs (arrived at 9:05 a.m.) 12 Absent 13 : John Baines, excused 14 15 Ex Officio Members: 16 George Campbell, City Manager, excused 17 Howard Martin, ACM Utilities, excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22 23 has had an opportunity to raise questions regarding these items prior to consideration. 24 25 2) Consider recommending approval of the Cost Proposal from Infilco Degremont, Inc., for the 26 purchase of two ABW Quickplate Underdrain systems for Filters 1 & 2 for the Pecan Creek 27 Water Reclamation Plant in an amount not to exceed $259,000. 28 29 3) Consider recommending approval for the purchase of recycling carts from Otto 30 31 program in an amount not to exceed $119,594.72. 32 33 4) Consider recommending approval of the purchase of refuse carts from Rehrig Pacific 34 35 amount not to exceed $62,351.84. 36 37 5) Consider recommending approval of American Public Power Association (APPA) annual 38 dues in the amount of $29, 063.30. 39 Board Member Phil Gallivan moved to approve Items 2 through 5 with a second from 40 Board Member Randy Robinson. The motion was approved by a 6-0 vote. 41 42 ITEMS FOR INDIVIDUAL CONSIDERATION 43 : 44 45 7) Consider recommendation of approval of a Professional Services Agreement for Architect or 46 Engineer between the City of Denton and Teague Nall and Perkins, Inc. in the amount of 47 $114,700 for the Pecan Creek Tributary 4 (PEC-4) Preliminary Design and CLOMR project 48 including final improvement recommendations, schematic drawings, channel modeling and 49 Conditional Letter of Map Revision preparation. 50 Public Utilities Board Agenda August 27, 2007 2 of 3 1 Chad Allen, Senior Engineer, presented this item and, with the use of exhibits, identified the 2 project location beginning near Bell Avenue and ending at Bernard Street. Allen pointed out that 3 the PEC-4 Channel crosses culverts at several locations, and that during the storms in April and 4 May this year, flooding was observed in five different locations where the water escaped the 5 channel, overtopped the culverts and the road creating hazardous conditions at these streets along 6 the existing channel. The overall project will reconstruct the channel, making it lower and wider, 7 and will rebuild the culverts so that future flooding of this kind will be decreased. The ultimate 8 outcome will be a narrower flood plain contained within the Channel from Bell Avenue to 9 Bernard Street. 10 11 The agenda item today is concerned with the initial phases of this effort which is the preliminary 12 design of the channel, culvert improvements upstream from Bell Avenue, and the Conditional 13 Letter of Map Revision Process (CLOMR). The CLOMR is a process which will allow staff to 14 create a plan of proposed improvements and to submit them to FEMA so that FEMA can respond 15 as to how those improvements, as proposed, will affect the floodplain. Allen stated that the 16 CLOMR is required. In some instances, a map revision is filed after the plans are created and 17 improvements have been made. In this case, because an existing flood way exists along PEC-4 18 in this area, the CLOMR is required prior to construction. 19 20 Board Member Dick Smith asked about the time frame for the CLMOR. Allen replied he was 21 not sure, but believed it would be several months, possibly three to six s intent is 22 to submit the CLOMR by April 2008. 23 24 Board Member Robinson asked when looking at the overall picture of the flooding that occurred 25 in April was PEC-4, from a severity standpoint, a priority area versus another area. 26 27 Jim Coulter, Director Water Utilities, replied that staff received direction from the City Council 28 and the PUB to concentrate on public health and safety issues, high water over roadways, and the 29 potential for loss of life. The Channel downstream from the PEC-4 was a site where two people 30 were washed off in 1996. Coulter stated there are a number of areas, but this is an area that 31 Council selected from a list of projects. 32 33 Board Member Bill Cheek asked if this was an area that could be fixed easier than some of the 34 others at this time. Coulter replied that by getting a complete preliminary design work for the 35 area, and submitting one CLOMR, the project can be broken up into small components. A total 36 fix from Wainwright to Bernard on this project might be anywhere from $6 to $10 million and 37 since there is not that kind of money, improvements will be done incrementally. Board Member 38 Cheek asked if there would be any right-of-way acquisition. Allen replied there would be some, 39 and that an earlier master plan had recommended the purchase of 2 or 3 homes along the 40 channel. 41 42 Board Member Robinson asked if there was an estimate of the amount of land that would be 43 removed from the flood plain. Coulter replied that if all of the downtown area was removed it 44 would be about 140 acres with 30 to 50 acres being removed when the project is completed. 45 46 Board Member Cheek recommended that staff include the acreage in the presentation to Council. Public Utilities Board Agenda August 27, 2007 3 of 3 Board Member Robinson moved to approve with a second from Board Member Dick 1 Smith. The motion was approved by a motion of 6-0. 2 3 4 The meeting was adjourned by consensus at 10:03 a.m. AGENDA INFORMATION SHEET AGENDA DATE: September 11, 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 $33,488). The Public Utilities Board recommends approval (4-0). FILE INFORMATION Since 1999, Denton Municipal Electric (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 DME 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 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 by approximately 34% since June 2006. DME has reduced its expenditure for the purchase of educational programming proportionally to the reduction in subscribers. This change is reflected in the schedule for advertisements. 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. Agenda Information Sheet September 11, 2007 Page 2 FILE INFORMATION (CONTINUED) 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, oths at community events, customer workshops, energy audits, local magazines, newspapers, local radio stations, schools, apartment complex managers, and realtors. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board (PUB) approved the original amount of $51,012 at its August 13, 2007 meeting. On August 21, 2007, the City Council discussed this item at its work session and recommended that DME reduce the proposed expenditure proportionally by the reduction in Charter subscribers since 2004. RECOMMENDATION Award to Time Warner Cable Media Sales in an amount not to exceed $33,488. 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 Agenda Information Sheet September 11, 2007 Page 3 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 October 1, 2007-September 28, 2008 Network Start End Start Time per week spot rate Total Spots Tot. Amt. 1. CNN 10/01/07 9/28/08 M-F 6p-12m 8 $18.00 416 $7,488 CNN 10/01/07 9/28/08 Sa-Su 6a-12m 8 $5.00 416 $2,080 2 Fox N. 10/01/07 9/28/08 M-F 6p-12m 5 $21.00 260 $5,460 Fox N. 10/01/07 9/28/08 Sa-Su 6a-12m 6 $5.00 312 $1,560 3. HGTV 10/01/07 9/28/08 Sa-Su 6a-12m 7 $13.00 344 $4,472 4.Discovery 10/01/07 9/28/08 M-F 6p-12m 5 $25.00 260 $6,500 5. MTV 10/01/07 9/28/08 M-F 6pm-12m 6 $19.00 312 $5,928 Weekly Totals: 45 commercials Campaign Total: 2,320 commercials Total Cost: $33,488 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 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 $33,488). 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 $33,488 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 PUBLIC UTILITIES BOARD AGENDA ITEM #6 1 2 3DRAFT MINUTES 4PUBLIC UTILITIES BOARD 5August 13, 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 9Monday, August 13, 2007 at 9:12 a.m. in the Service Center Training Room, City of Denton 10Service Center, 901-A Texas Street, Denton, Texas. 11 Present: 12 Chair Charldean Newell, Bob Bland, John Baines and Randy Robinson 13 Absent 14: Dick Smith, Bill Cheek and Phil Gallivan, excused 15 16 Ex Officio Members: 17 Howard Martin, ACM Utilities 18 George C. Campbell, City Manager, excused 19 OPEN MEETING: 20 21 CONSENT AGENDA: 22 23The Public Utilities Board has received background information, staff’s recommendations, and 24has had an opportunity to raise questions regarding these items prior to consideration. 25 261)Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing 27the expenditure of funds for payments by the City of Denton for electrical energy 28transmission fees to American Electric Power (AEP) for providing energy transmission 29services to the City of Denton; and providing an effective date (File 3846-2007 Electrical 30Energy Transmission Fees – American Electric Power in the total amount of $39,928.06). 31 322)Consider a recommendation for approval of an Agreement between Denton Municipal 33Electric and Time Warner Cable Media Sales for FY08 educational commercial airtime in 34the amount of $51,272. 35 363)Consider a recommendation for approval of Bid No. 3783A from Ana-Lab Corporation for 37the Environmental Laboratory Contract of the Denton Municipal Laboratory. 38 Board Member Randy Robinson moved to approve the consent agenda with a second from 39 Board Member Bob Bland. The motion was approved by a 4-0 vote. 40 41 ITEMS FOR INDIVIDUAL CONSIDERATION 42: 43 444)Consider recommending approval of the Public Utilities Board meeting minutes of: 45 a) July 23, 2007 46 The minutes were approved as circulated. 47 48 Draft Minute of the Public Utilities Board meeting August 13, 2007 2 of 5 15)Consider recommending approval of the Denton Municipal Electric (DME) Water, 2Wastewater, Solid Waste Rate, Engineering and Miscellaneous Fees Ordinances for FY 32007-08. 4 5Howard Martin, ACM, stated that the rate ordinances for consideration support the capital plan 6and budgeting process and that most of the rate ordinances, with the exception of water and solid 7waste, are very straight forward with either no changes or very minor changes. Staff was 8prepared to go through the water ordinance first, the solid waste next and if the Board has any 9questions on any of the other ordinances, staff will respond at that time. 10 11Tim Fisher, Assistant Director of Water Utilities, presented the Water Ordinance stating that the 12proposed rate changes would support the proposed FY 2007-08 budget and FY 2008-12 CIP. 13 14As part of prior Water budget discussions, staff recommended and received approval for a 3% 15rate revenue increase. Staff presented two options to accomplish the 3% adjustment over the 16next 5 years. 17 18Option 1 – Rate increases based on the 2005 rate study and adjustments are designed for rate 19stability. Option 1 accomplishes the goal of an additional $750,000 of revenue needed to 20meet revenue requirements. The various increases are designed to generate revenue stability, 21by placing more emphasis on the facility charge and base volumes, and decrease the gap 22between residential and commercial facility charges in the 3/4” to 1” meter sizes. To reduce 23the differential between the three meter sizes staff is recommending increasing the residential 24facility charge and lowering the commercial facility charge for the three smallest meters. 25Option 2 – 3% rate increase to all residential and commercial retail rates 26 27Fisher pointed out that although customer care costs have continued to increase, facility charges 28have not increased in over a decade. Board Member Robinson observed that while on the 29surface it appears that the residential customers would bear the brunt of the increases, in reality 30the increases for the most commonly used meter sizes for both commercial and residential 31customers makes Option 1 equitable. 32 Board Member Bland moved to approve Option 1 with a second from Board Member 33 Robinson. The motion was approved by a 4-0 vote. 34 35 36Fisher next presented the Wastewater Rate stating that there were no proposed changes for FY 372007-2008. 38 Board Member John Baines moved to approved with a second from Board Member Bland. 39 The motion was approved by a 4-0 vote. 40 41 42Howard Martin, ACM, presented the electric ordinance stating there was only one change and 43that was to the description of Decorative Street Lighting to Non Standard Street Lighting to more 44clearly define the service provided. 45 Draft Minute of the Public Utilities Board meeting August 13, 2007 3 of 5 Board Member Robinson moved to approve the electric rate ordinance with a second from 1 Board Member Baines. The motion was approved by a 4-0 vote. 2 3 4Vance Kemler, Director of Solid Waste, stated that the proposed Solid Waste Ordinance this year 5maintains its residential and commercial refuse rates along with its landfill rates. The curbside 6recycling rate is proposed for an increase at $.50 per month which is $4.00 per month per single 7family residence. There is no increase proposed to multi-family recycling rates. There are few 8minor changes throughout the document such as changing the frequency of billing in certain 9instances, for example, a change allowing monthly or bi-weekly billing for landfill and 10commercial services. This change is to reduce bad debts and improve cash flow, particularly for 11landfill customers or roll off customers with temporary service who may not be around when the 12monthly billing is sent. 13 14Board Member Baines asked about strategy to publicize the increase to customers. Martin 15replied that each year an itemized rate brochure is published and provided to customers. 16 Board Member Bland moved to approve the solid waste/recycling ordinance with a second 17 from Board Member Robinson. The motion was approved by a 4-0 vote. 18 19 20Martin presented the Engineering and Miscellaneous Ordinances stating there were no changes 21proposed. 22 Board Member Baines moved to approve the Engineering Ordinance with a second from 23 Board Member Bland. The motion was approved by a 4-0 vote. 24 25 Board Member Robinson moved to approve the Miscellaneous Ordinance with a second 26 from Board Member Baines. The motion was approved by a 4-0 vote. 27 28 296)Receive a report, hold a discussion on the bid response to the City Recycling Program RFP 30and consider a recommendation for the City of Denton to enter into a recycling services 31contract with Allied Waste Services to provide the City of Denton with curbside recycling 32and processing services, for a unit rate of $2.27 per month. 33 34Vance Kemler, Director of Solid Waste, stated that staff had recently distributed a Request for 35Proposals (RFP) when contract renewal negotiations failed. In addition to curbside recycling 36services, the City requested proposals for three other recycling services; cart maintenance 37services, recycling drop-off center services, and a single stream recyclables processing facility 38(MRF). 39 40Kemler next provided statistics from FY 2006 which showed that 27% of waste was diverted 41through recycling, noting that percentage did not include UNT’s program, or any recycling from 42the private sector. In total, during FY 2006, there were slightly more than 44,000 tons of 43material recycled and an additional 114,000 went to the landfill. Of the 44,642 recycled tons, 445,568 tons were from curbside, 2,082 tons were drop-offs, 11,707 tons w yard waste, 5,885 tons 45were inerts, and 19,400 tons were sludge. 46 Draft Minute of the Public Utilities Board meeting August 13, 2007 4 of 5 1Kemler noted that the curbside recycling program has a 70% participation rate based on carts 2being set out over a period of a month, with the majority of customers actually putting carts out 3every week. Staff projects that this year’s tonnage will be up almost 1,000 tons due to a greater 4push on public education awareness. 5 6Currently, the Recycling Division has a contract with Allied Waste Management for curbside 7collection and processing with the Recycling division handling home chemical collection, a 8relatively new program. There are 6 drop off recycling centers in the community. One of the 9most successful programs is the sustainable schools program, which is a little more than two 10years old. The Recycling Division works with up to 23 local public and private schools to 11promote recycling and good waste management techniques and has placed recycling carts to 12move paper products out of the schools. The Recycling Division, in response to the State 13Legislature’s requirement, also supports 30 municipal buildings with internal recycling. 14 15Reviewing the RFP’s, Kemler stated there were 8 companies that showed an initial interest and 16worked through the development of the RFP, but only 3 submitted residential curbside collection 17recycling proposals . A selection committee reviewed and rated the proposals and is negotiating 18with the top vendor, Allied Waste, whose rate proposal will be within the proposed budget. 19 20Staff received two cart maintenance proposals, and after evaluating service plans and charges 21from both proposals, concluded that city staff could provide services more efficiently and at a 22lower cost than either of the two proposals submitted. The annual vendor cost was estimated at 23$159,000 at a cost of twenty-five cents per cart per month. The city’s current program, which 24would be expanded to include cart set out and maintenance of those carts, would cost sixteen 25cents per cart for an annual cost of $100,064. 26 27One recycling drop-off center proposal was received which offered less than one-half of the 28current container capacity provided by the city. Adding the number of containers needed to 29service each site caused the proposal to exceed the services costs currently incurred by the city 30by $30,000 plus. Staff recommends that the services continue to be provided by the City’s 31recycling division staff. 32 33Pratt Industries submitted the one proposal for a MRF. Review of the proposal was favorable 34and staff is developing a contract for the project. Upon completion of a contract, the proposal 35will be presented to the PUB for consideration. 36 Board Member Bland moved to approve the residential curbside recycling contract be 37 awarded to Allied Waste Services at the cost of $2.27 per month per residence beginning 38 November 5, 2007 with a second from Board Member Baines. The motion was approved 39 by a 4-0 vote. 40 41 Board Member Robinson moved that no cart maintenance proposal be awarded and that 42 those services be provided by the City of Denton solid waste staff with a second from Board 43 Member Baines. The motion was approved by a 4-0 vote. 44 45 Draft Minute of the Public Utilities Board meeting August 13, 2007 5 of 5 Board Member Baines moved that no drop-off recycling services proposal be awarded and 1 that the City of Denton Recycling division continue to provide those services with a second 2 from Board Member Bland. The motion was approved by a 4-0 vote. 3 Board Member Baines moved that city staff continue discussions with Pratt Industries 4 concerning its proposal for the construction and operation of a MRF, and that a contract 5 be brought to the PUB at a future meeting for consideration with a second from Board 6 Member Bland. The motion was approved by a 4-0 vote. 7 8 97)ACM Update: 10a.Water, Wastewater, Solid Waste June Financials 11 12Howard Martin, ACM, requested that Sharon Mays, DME General Manager, brief the Board on 13events from Sunday, August 12, 2007. 14 15Mays, in general, explained what happened during the power failure and subsequent rolling 16blackouts. 17 188)New Business – This item provides an opportunity for Public Utilities Board members to 19suggest items for future agendas or to request information from the Assistant City Manager 20for future meetings. 21 22Chair Newell reminded staff that election of officers should occur during the first meeting in 23September. 24 259)Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the 26Texas Government Code, as amended. 27 28There was no official action on a closed meeting item. 29 30The meeting was adjourned by consensus at 10:50 a.m. 31 CITY OF DENTON CITY COUNCIL MINUTES August 6, 2007 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Monday, August 6, 2007 at 11:30 a.m. in the Council Work Session Room. PRESENT: Mayor McNeill; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: Mayor Pro Tem Kamp 1.Discussion with the Community Development staff regarding but not limited to department functions, programs, and major accomplishments. Barbara Ross, Community Development Administrator, introduced the members of her staff. Luisa Rodriguez-Garcia stated that she worked with the home buyer’s assistance program, the action plan for HUD and the activities that were planned for the action plan. Rachel Ingram stated that she worked with the human service agencies, in particular the Human Services Advisory Committee and the Denton County Agencies Homeless Coalition. Gordon Meredith was a residential instruction specialist dealing with the housing programs, code specifications and the minor repair program. Alma Espino indicated that she was a program specialist working with the home improvement program, demolitions and minor repairs to make sure programs met the qualifications. Nita Ferguson indicated she worked on the newsletter, accounts payable, collections for loans, and the minor repair applications. Nancy Baker indicated that she was the housing programs manager. Ross stated that the national objectives for the Community Development Block Grant Program included benefiting low and moderate-income persons; aiding in the prevention or elimination of slum and blight, and that it was meeting urgent community needs. Eligible activities included real property acquisition, public facilities and improvements, demolition, public (social) services, housing rehabilitation, removal of architectural barriers, economic development and home ownership assistance. The Home Investment Partnership Program was started in 1992. Eligible activities included acquisition (including first-time homebuyer programs), new construction, reconstruction, rehabilitation, tenant-based rental assistance, and operating expenses for community housing development organizations. Council discussed the need for assistance in Denton over the need in other cities. Ross stated that Denton received more funding as it appeared to have older housing stock and more low- moderate income people than other communities in the area. Council asked about the accessibility of the programs for the public. Ross stated that they produced a monthly newsletter and were out in community quite a bit. There was a lot of word City of Denton City Council Minutes August 6, 2007 Page 2 of mouth about the programs and they were going to increase marketing efforts to help use the funds. Council stated that the city’s committees were the backbone of the program. Ross replied yes that they helped make the decisions on how to the spend funds. Ross continued that other grant programs and funding included an emergency shelter grant, supportive housing program, Section 108 loan guarantee program, Denton County Housing Finance Corporation, the Federal Home Loan Bank, economic development incentives and neighborhood incentive programs. She also noted human services activities and organizations funded. 2.The Council received a report, held a discussion, and gave staff direction regarding the 2007-08 Budget and the Capital Improvement Program. Jon Fortune, Assistant City Manager, stated that the appraised value had finalized at 11.9% instead of 11%. That additional amount provided two options for Council to consider. The additional growth would generate $108,000 in debt service fund for additional drainage projects. If the proposed tax rate increase were reduced to 3.82 cents instead of the proposed 4 cents, the Council would still be able to complete $6 million of drainage projects and would allow the implementation of some programs sooner on the general fund side. Council discussed whether or not to reduce the tax rate or to keep the proposed tax rate and use the additional funds for additional drainage projects. They reviewed a map of proposed drainage projects. It was felt that there were drainage problems all over the city and the proposed projects showed a good representation of the City. It was also noted that the current funded projects would be using the drainage fee money. Consensus of the Council was to proceed with Option #2 as it took advantage of existing funds and showed responsibility for use of additional funding. A request was made to look that the Mack/Paisley area for inclusion on the list of projects. With no further business, the meeting was adjourned at 12:35 p.m. ________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS _________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 7, 2007 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 7, 2007 at 5:00 p.m.in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: None 1.Council did not have any requests for clarification of agenda items listed on the agenda for August 7, 2007. 2.The Council received a report, held a discussion and gave staff direction regarding the City’s recycling programs. This item was postponed to a future meeting date. 3.The Council received a report, held a discussion, and gave staff direction regarding the 2007-08 Budget and the Capital Improvement Program. Council did not have any questions regarding the budget. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:05 p.m.to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A. DELIBERATIONS REGARDING REAL PROPERTY – Under Texas Government Code §551.072. 1. Discussed, deliberated, considered, received information from Staff, and provided Staff with direction, pertaining to the proposed Real Estate Contract by and between the City, as Purchaser and Eagle Farms, Inc and John Porter Auto Sales, Inc., as Sellers regarding the proposed purchase of, valuation issues, and other issues respecting the possible acquisition of a 1.069 acre tract of land in the F.P. Johnson, C.R. Green, J.F. Myers and H.F. Brummett Survey, Abstract No. 1699, in the City of Denton, Denton County, Texas, for a public purpose. B. DELIBERATIONS REGARDING REAL PROPERTY – Under Texas Government Code §551.072 and; CONSULTATION WITH THE CITY’S ATTORNEYS – Under Texas Government Code §551.071. 1. Discussed, deliberated, considered, received information from Staff, and provided Staff with direction pertaining the possible terms of sale of and valuation issues respecting the possible acquisition of an approximate 2.834 acre tract of real property for street right-of-way and the possible acquisition of an approximate 0.393 temporary construction, grading and access easement, all for a public purpose; which real property lies within the Mary Austin Survey, Abstract No. 4, City of Denton, Denton County, Texas, and is located north of intersection of Brinker Road and Spencer Road. (Brinker Road Extension Project) City of Denton City Council Minutes August 7, 2007 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, August 7, 2007 at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 1.Presentation of the GFOA – Distinguished Budget Award The GFOA Distinguished Budget Award was presented to Council and staff by Charles Cox, President of GFOA. 3. CONSENT AGENDA Mayor McNeill highlighted the items listed on the Consent Agenda. Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A.2007-161 - An ordinance authorizing the City Manager to accept an interlocal agreement with the City of Corinth, Texas to authorize participation in various City of Denton contracts for the purchase of various goods and services and to authorize the City of Denton participation in various City of Corinth contracts for the purchase of goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3839–Interlocal Agreement with Corinth, Texas). B.2007-162 - An ordinance accepting competitive bids and awarding a public works contract for the construction of Cells 3A and 3B at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (Bid 3809–Landfill Cell 3A/3B awarded to L.D. Kemp Excavating, Inc. in the amount of $3,533,741. The Public Utilities Board recommended approval (5-0). C.2007-163 - An ordinance accepting competitive bids and awarding an annual contract for the long-term rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3763A–Annual Contract for the Long-Term Rental of Heavy Equipment awarded to the lowest responsible bidder for each item in the estimated annual amount of $200,000). The Public Utilities Board recommended approval (6-0). City of Denton City Council Minutes August 7, 2007 Page 3 D.2007-164 - An ordinance accepting competitive bids and awarding a three-year contract for the container rental, hauling and disposal of municipal grit and bar screen waste for City of Denton Water Reclamation plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 3802–Three- Year Contract for the Container Rental, Hauling and Disposal of Municipal Grit, Bar Screen Waste and Dewatered Municipal Sludge awarded to Allied Waste Services in the estimated three year amount of $113,737). The Public Utilities Board recommended approval (6-0). E.Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1. Inland Western Denton Crossing DCAD Supplemental Change 2006 $37,128.56 2. Inland Western Denton Crossing DCAD Supplemental Change 2006 $ 7,387.71 F.2007-165 - An ordinance of the City of Denton authorizing the City Manager to approve a second amendment to a fixed base operator airport lease agreement approved by Ordinance 2004-380 dated December 7, 2004, between the City of Denton, Texas and BAM Denton Management Ventures, L.L.C. on approximately 1.947 acres of land at the Denton Municipal Airport; providing an effective date. The Airport Advisory Board recommended approval (6-0). The Mobility Committee recommended approval (3-0). G.2007-166 – An ordinance of the City of Denton approving a Real Estate Contract by and between Eagle Farms, Inc. and John Porter Auto Sales, Inc., as seller, and the City of Denton, Texas, as purchaser, regarding a 1.069 acre tract of land located in the F. P. Johnson, C.R. Green, J. F. Myers, and H.F. Brummett Survey, Abstract No. 1699, located in the City of Denton, Denton County, Texas, and being a portion of a called 691.64 acre tract of land described in the deed to Eagle Farms, Inc., and John Porter Auto Sales, Inc., recorded in County Clerk Document No. 93-R0077959, Real Property Records of Denton County, Texas; authorizing the expenditure of funds; and declaring an effective date. The Public Utilities Board recommended approval (6-0). H.Approved the minutes of: July 17, 2007 July 24, 2007 July 25, 2007 4.PUBLIC HEARINGS A.The Council held the first of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 129.6 acres of land and adjacent street right-of-way for Loop 288 containing approximately 9.1 acres generally located west of Interstate 35 North at the proposed extension of Loop 288 in the northwestern portion of Denton's Extraterritorial Jurisdiction (ETJ). (A07-0001, Westview Commercial) City of Denton City Council Minutes August 7, 2007 Page 4 Brian Lockley, Interim Director of Planning and Development, stated that this was the first of two public hearings for areas exempted from the municipal annexation plan. The area included approximately 129.6 acres of land and street right-of-way for 9.1 acres. He reviewed the current zoning of surrounding properties and of the proposed annexation site. Once annexed, the area would eventually be developed with a mixed center use designation consistent with surrounding properties. All state mandates had been met to date. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was needed on this item at this time. B.The Council held a public hearing and considered adoption of an ordinance rezoning approximately 16.42 acres from a Neighborhood Residential 6 (NR-6) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property was located at the southwest corner of Hickory Creek Road and Teasley Lane. (Z07-0009, Salvo Center) The Planning and Zoning Commission recommended approval (6-0). Brian Lockley, Interim Director of Planning and Zoning, stated that this was a rezoning of 16.42 acres from an NR-6 to NRMU zoning district. The property was located at southwest corner of Hickory Creek Road and Teasley Lane and was the future site of a Kroger development. The existing zoning was NR-6 with some NR-2 and NR-4. This proposed development would provide additional commercial uses to support the surrounding commercial uses. The Planning and Zoning Commission recommended approval 6-0. The Mayor opened the public hearing. Robert Baldwin, representing the developer, spoke in favor of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-167 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT TO A NEIGHBORHOOD MIXED USE (NRMU) ZONING DISTRICT, IN AN AREA ENCOMPASSING 16.422 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF HICKORY CREEK ROAD AND TEASLEY LANE, AND LEGALLY DESCRIBED AS TRACT 1 OF THE A. VENTERS SURVEY, ABSTRACT NUMBER 1315, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY, AND AN EFFECTIVE DATE. (Z07- 0009) City of Denton City Council Minutes August 7, 2007 Page 5 Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing an agreement between the City of Denton, Texas, and Denton Animal Shelter Foundation, Inc. for the purpose of providing for the funding, design, and construction of a City of Denton Animal Shelter; providing for the expenditure of funds therefor; and providing for an effective date. Lt. Scott Fletcher, Denton Police Department, stated that the Denton Animal Shelter Foundation had formed a 501(c) 3 organization. The City would be responsible for property acquisition, actual construction, operation of the shelter and additional funding sources as needed. The DASF would be responsible for the capital campaign and naming recommendations. A joint committee of made up of DASF and City representatives would be responsible for planning and design recommendations and major design changes during construction of the shelter. Larry Luce, 2200 Pembrook Place, Denton submitted a speaker card. He felt this was a great project but a specific dollar amount should be designated for the Foundation to raise. The following ordinance was considered: NO. 2007-168 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND DENTON ANIMAL SHELTER FOUNDATION, INC. FOR THE PURPOSE OF PROVIDING FOR THE FUNDING, DESIGN, AND CONSTRUCTION OF A CITY OF DENTON ANIMAL SHELTER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B.The Council considered nominations/appointments to City boards and commissions. There were no nominations/appointments made at this meeting. C.Citizen Reports 1.The procedures for addressing the City Council were reviewed. 2.The Council received citizen reports from the following: City of Denton City Council Minutes August 7, 2007 Page 6 A.Robert Donnelly regarding city issues. Mr. Donnelly reviewed the issues he had regarding the construction project next to his property. He had not been able to find a conditional building permit that was issued for this project with any other in the city. He felt the City needed to follow the rules. If the conditions set in the approval process were not met, would the City make the residents move out? He suggested the City wait until the project was completed before issuing certificates of occupancy. B.Andrea Hawk regarding update on Craig Lane. Ms. Hawk stated that she represented the Craig Lane neighborhood. Of the 29 homes in the area, 22 were flooded in the last big rain. There were 69 people in those homes and 55 were completely displaced at the time of the flood. Since the flood, 62 people had made it back to their homes. Only 3-4 people had flood insurance. The estimated cost of repairs for those people willing to provide the costs were $422,000 with 8 individuals not willing to provide figures. The creek bed needed to be cleaned out. One home at 2504 Craig Lane was still vacant and had visible mold on the outside of the home. They needed answers to questions such as how far along was Mr. Coulter with the drainage studies and when would they get a report, when could they expect to have the creek bed cleaned out, how was the issue of mold in the area going to be handled and what could citizens do to help keep these drainage issues in the forefront. Jim Coulter, Director of Water/Wastewater, indicated that $850,000 would be used for cleaning out the channel, opening the existing culverts, and improving the trestle opening to increase flow analysis in that area. C.Billy Braswell regarding violation of code enforcement ordinance. Mr. Brasfield presented information regarding code enforcement violations regarding the removal of a non-operating vehicle on his property. The City did not give him proper notice nor allowed him the right of a public hearing before the vehicle was removed from his property. The vehicle contained valuable medical papers that were destroyed. He did not have a public hearing which was in violation of the ordinance. Council Member Heggins asked the City Attorney look into status of Mr. Brasfield’s claim and report back. D.New Business and Announcements The following items were suggested by Council: Council Member Watts requested a work session on occupancy standards in various housing categories and a comparison of what other cities did. Council Member Montgomery requested information on an event planner. Mayor Pro Tem Kamp suggested a neighborhood meeting with Craig Lane for an update and answers to their questions. E.City Manager’s Report City of Denton City Council Minutes August 7, 2007 Page 7 City Manager Campbell did not have any items for Council. F.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act There was no continuation of the Closed Meeting. G.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 7:39 p.m. _______________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS __________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 14, 2007 The City Council attended a reception for Board and Commission members on Tuesday, August 14, 2007 at 5:30 p.m. in the Council Work Session Room at City Hall. The City Council convened in the Council Chambers at 6:00 p.m. 1. The Council considered approval of a resolution of appreciation for retiring Board/Commission members. Montgomery motioned, Kamp seconded to approve the resolution. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Mayor McNeill recognized the retiring Board/Commission members and presented certificates of appreciation. 2.Oath of Office for New and Continuing Board Members. Jennifer Walters, City Secretary, administered the oath of office to new and continuing board/commission members. With no further business, the meeting was adjourned at 6:20 p.m. _________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS __________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: September 11, 2007 DEPARTMENT: Transportation Operations ACM: Howard Martin, 349-8232 __________________________________________________________________ SUBJECT Consider adoption of an ordinance approving a flight school and aircraft maintenance facility airport lease agreement between the City of Denton, Texas and US Aviation Group; and providing an effective date. The Advisory Board recommends approval (6-0). The Mobility committee recommends approval (2-0). BACKGROUND US Aviation Group representatives have requested that the City of Denton enter into second lease agreement with US Aviation Group to lease a tract of land, being approximately 64,861 square feet for the construction of two 14,400 square foot hangars to be used for aircraft storage, office space and aircraft maintenance. Since the acquisition of the operation from US Flight Academy in January of 2006, the operation has experienced large growth and they have become one of the airport’s anchor corporate partners. With 22 employees, a fleet of 16 flight training aircraft, and the expansion of their maintenance operation becoming a certified repair station for Mooney aircraft, US Aviation Group must expand their facilities. ESTIMATED SCHEDULE OF PROJECT The lease shall become effective immediately upon the City Council’s approval for the term of thirty (30) years. The lessee shall have the option to renew for one (1) additional ten (10) year term at the end of the lease. PRIOR ACTION/REVIEW The Airport Advisory Board has reviewed the lease agreement at their August 27, 2007 meeting and PRIOR ACTION/REVIEW The Airport Advisory Board has reviewed the lease agreement at their August 27, 2007 meeting and recommends approval (6-0). The Mobility Committee has review the lease agreement and recommends approval (2-0). The City Attorney has reviewed the lease agreement and prepared the ordinance. Airport Management has reviewed the lease agreement and recommends approval of the lease. FISCAL INFORMATION The current US Aviation Group lease agreement generates $654.06 monthly/$7,848.72 annually. The proposed the lease will generate an additional $918.86 monthly/$ 11,026.37 annually in ground lease revenue for the City.The lease rate shall be adjusted by the Consumer Price Index- U as set forth in the lease agreement every two years. Respectfully submitted: Tim E. Whitman, Airport Manager EXHIBITS 1. Ordinance 2. Lease 3. Site Map 4. AAB Draft Minutes 5. MOB Draft Minutes Û¨¸·¾·¬ ï Û¨¸·¾·¬ î Û¨¸·¾·¬ í Û¨¸·¾·¬ ì Û¨¸·¾·¬ ë AGENDA INFORMATION SHEET AGENDA DATE: September 11, 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 the Historical Park Foundation of Denton County, Inc. to refurbish the Quakertown House, an African American Historical Museum; providing for a $1,553.00 expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $$1,553 from Mayor Pro Tem Pete Kamp’s ($500) and Council Member Charlye Heggins’ ($1,053) Council Contingency Fund. Key provisions of the agreement include: Funds shall be used by the Foundation to refurbish the Quakertown House as an African American Historical Museum. 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 Mayor Pro Tem Pete Kamp’s and Council Member Charlye Heggins’ contingency fund account. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant AGENDA INFORMATION SHEET AGENDA DATE: September 11, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Hold a public hearing and receive citizen input on the 2007-08 Proposed Budget. BACKGROUND City Charter and State Law require that prior to budget adoption, a public hearing be conducted to allow citizens the opportunity to provide input on the proposed budget. The required notice was published on August 19, 2007, in the Denton Record-Chronicle and a public hearing has been scheduled as required. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A workshop to present the details of the budget to City Council was conducted on July 25, 2007, and the 2007-08 Proposed Budget was submitted to City Council on July 31, 2007. Citizens w it is available on-www.cityofdenton.com. FISCAL INFORMATION The proposed 2007-08 budget totals $415,546,566 in estimated resources and $414,710,992 in estimated expenditures. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: September 11, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Hold a Public Hearing on a proposal to adopt a tax rate of $0.66652 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate. BACKGROUND On August 3, 2007, staff provided Council with a copy of the required notice of effective tax rate calculation that would be published in the Sunday, August 5, 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 (M&O) taxes. The effective tax rate is generally the property taxes divided by th years. This rate excludes taxes on properties no longer in the taxing unit and also excludes the current taxable 8719/$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 ace a proposal to adopt the rate on the agenda of a futur state law requires that two 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 (see attached). The proposed tax rate is $0.04 higher than the current tax rate of $0.62652. Three cents of this increase is related to debt that was authorized in the 2005 bond program. The remaining one cent increase is proposed to support the issuance of approximately $7,065,000 in certificates of obligation for miscellaneous drainage improvements. Agenda Information Sheet September 11, 2007 Page 2 ESTIMATED SCHEDULE 8/21/07 Vote to Place Proposal on Future Agenda 9/11/07 Hold First Public Hearing 9/18/07 Hold Second Public Hearing 9/25/07 Adopt Tax Rate PRIOR ACTION/REVIEW On August 21, 2007, Council met and discussed placing a proposal on a future agenda to adopt a 2007 tax rate and calling two public hearings on a tax increase. FISCAL INFORMATION The proposed property tax rate is $0.66652/$100 valuation for the 2007-08 Proposed Budget. EXHIBITS Notice of Public Hearings Notice of Vote on Tax Rate Respectfully submitted: Bryan Langley Director of Finance 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:Mayor Perry McNeill, Mayor Pro Tem Pete Kamp, Deputy Mayor Pro Tem Joe Mulroy, Council Member Charlye Heggins, Council Member Bob Montgomery, Council Member Jack Thomson, Council Member Chris Watts. AGAINST the proposal: PRESENT and not voting: ABSENT: Ý±³°¿®·±² ±º Ð®±°±»¼ Þ«¼¹»¬ ©·¬¸ Ô¿¬ Ç»¿®ù Þ«¼¹»¬ 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 Ì±¬¿´ ß°°®¿·»¼ Ê¿´«» ¿²¼ Ì±¬¿´ Ì¿¨¿¾´» Ê¿´«» ½¿´½«´¿¬»¼ «²¼»® »½¬·±² îêòðìô Ì¿¨ Ý±¼» 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 Þ±²¼»¼ ×²¼»¾¬»¼²» 138,995,000 Total amount of outstanding and unpaid bonded indebtedness $ Ì¿¨ Î¿¬» $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% Ì¸»» ¬¿¨ ®¿¬» º·¹«®» ¿®» ²±¬ ¿¼¶«¬»¼ º±® ½¸¿²¹» ·² ¬¸» ¬¿¨¿¾´» ª¿´«» ±º °®±°»®¬§ò * "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. Ý±³°¿®·±² ±º Î»·¼»²½» Ø±³»¬»¿¼ Ì¿¨» 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.) Ý±³°¿®·±² ±º Î»·¼»²½» Ø±³»¬»¿¼ Ì¿¨» 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: September 11, 2007 DEPARTMENT: Planning and Development Department ACM: Howard Martin, 349-8232 SUBJECTS07-0012 – (O'Toole Lease No. 1H) Hold a public hearing to consider the adoption of an ordinance for a Specific Use Permit for a gas well drilling and production site. The approximately 3-acre property is located within a Neighborhood Residential 4 (NR-4) zoning district and is generally located west of the Hickory Creek Heights Subdivision and south of Ryan Road within the Forest Meadows residential development. The Planning and Zoning Commission recommends approval (6-0). (S07-0012, O'Toole Lease No. 1H) BACKGROUND Applicant: Endeavor Energy Resources, LP Midland, TX Endeavor Energy Resources, LP has three gas well drilling and production sites in this area within one-half mile of each other south of Ryan Road. All of the sites take access from Ryan Road and are located in the following order. The O’Toole Lease 1H was approved by ordinance (2006-346) for one well head, the Good Samaritan 1H site was approved by ordinance (2006-347) for one well head, and furthest south is the Acme 5H site that was permitted by right in a Neighborhood Residential 2 (NR-2) zoning district for five well heads (Exhibit 3). Of the three sites, the O’Toole Lease 1H has one well head drilled and operational, the Acme 5H site has three well heads drilled and operational and one in progress, the Good Samaritan site has no well heads drilled at this time. Recently, the applicant approached the City with a proposal to abandon the SUP for the Good Samaritan site and amend the Gas Well Development Plat for the Acme site to remove one well head (Exhibit 9). The proposal was submitted with the condition that this SUP be approved by City Council by September 11, 2007. In the event that authorization could not be obtained as specified, the applicant would proceed with gas well drilling and production on the Good Samaritan site. After further researching the applicant’s proposal, staff determined that the applicant has not met all of the conditions of approval for the SUP granted for the existing O’Toole Lease well head. A condition of approval in Ordinance 2006-346 required the installation of a stockade style fence around the gas well site to screen the site from the adjacent properties (See Exhibit 8). The applicant has acknowledged not meeting this requirement and has offered to mitigate the visual impact of this site through the installation of a screening fence and/or berm. As of this writing, the applicant and staff are in negotiations whereby the applicant will provide the requisite screening in a time frame acceptable to both the City and the applicant. A request to amend the condition required in Ordinance 2006-346 is currently in process. The current SUP request would allow an additional gas well head on the same pad site. The applicant has also submitted an amended gas well plat (See Exhibit 7) for the second well head on the gas well site. The Development Review Committee has reviewed the amending gas well plat and has released all comments. The approval of the pending amending gas well plat is contingent upon on the approval of this SUP request. There are no existing residential structures within 500 feet of the proposed wellhead. However, the Forest Meadows residential development has been platted and is soon to be developed (See Exhibit 3). Once the final phase of the Forest Meadow subdivision is constructed, residential homes will be within 500 feet of the well site. Public notification and property owner responses are provided in Exhibit 4. As of this writing, staff has received no written responses to the request from property owners within 500 feet of the subject site. OPTIONS 1.Recommend approval as submitted. 2.Recommend approval with conditions. 3.Recommend denial. 4.Postpone consideration. 5.Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) of the Specific Use Permit subject to the following conditions: 1.The only ingress and egress to the well site is from Ryan Road. 2.This ordinance approves the addition of one gas well head on the site for a total of two gas well heads on the site. 3.The gas well operator shall screen the gas well site consistent with the negotiations of staff to create a visually appealing buffer, prior to the development of Phase II of the abutting Forest Meadows Subdivision. 4.The gas well operator shall relinquish all rights to the Good Samaritan Gas Well Site approved by ordinance 2006-346 and one gas well head located on the Acme Lease site (AGWP06-0007) as noted in exhibit 9. 5.Development and operation of the gas well development shall be in accordance with the gas well plat on file in the City Planning Department. The attached ordinance in Exhibit 11 includes all of the conditions listed above except condition number 3 regarding the screening requirement. Since a stockade fence around the site was a condition of Ordinance 2006-346, staff will require the applicant to submit an amendment request to the approved Specific Use Permit (S06-0001) to address a screening required for this gas well drilling and production site. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Ordinance 2002-040, adopted February 2002, placed the subject property in the Neighborhood Residential 4 (NR-4) zoning district and land use classification. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned One family Dwelling District (SF-7) which did not permit Gas Well drilling and production. The Planning and Zoning Commission heard the SUP requests S06-0001 (O’Toole Lease No. 1H) and S06-0002 (Good Samaritan No. 1H) for gas well drilling and production in October, 2006. The Commission recommended approval of S06-0001 with the conditions that: 1.The ingress and egress to the well site is from Ryan Road instead of the residential collector Creekdale Road. 2.The gas well operator shall completely screen the gas well site with a stockade style fence, constructed on steel posts to create a visually appealing buffer, prior to drilling or construction of drilling facilities. 3.Development and operation of the gas well development shall be in accordance with the site plan on file in the City Planning Department. The City Council approved S06-0001 in December 2006 with the conditions listed above. (See Exhibit 9). The Specific Use Permit to allow gas well drilling and production on the Good Samaritan site was also approved. The Good Samaritan SUP request was approved with the condition that the ingress and egress for the gas well drilling and production site be from Ryan Road. As of this date the applicant has failed to meet the conditions of Ordinance 2006-346. There is one operating gas well at the O’Toole Lease site and no fence has been constructed as required by the Ordinance. EXHIBITS 1.Staff Analysis 2.Location, Zoning and Future Land Use Maps 3.Map of Gas Wells in Area 4.Public Notification Map 5.Site Photographs 6.Letter of Intent 7.Gas Well Plat 8.Ordinance 2006-347 9.Letter from the Applicant 10.Planning and Zoning Minutes 11.Ordinance Respectfully submitted, Brian Lockley, AICP Interim Planning and Development Director Prepared by Lori Shelton, AICP Planner II EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO: DATE TO BE CONSIDERED S07-0012: September 11, 2007 LOCATION: The Site is generally located south side of Ryan Road and approximately 1,500 feet west of Teasley Lane. APPLICANT:Endeavor Energy Resources. LP, 110 N Marienfield Ste 200 Midland, TX OWNER:The Stoddard Group Ltd. 15950 N. Dallas Pkwy, Ste. 750 Dallas TX 75248 REQUEST:Approval of a Specific Use Permit for gas well drilling and production ZONE Neighborhood Residential 4 (NR-4) DISTRICT: COMPREHENSIVE PLAN DESIGNATION:Neighborhood Centers. “Neighborhood Centers” The subject site is located in the future land use area of the Denton Plan. According to the Denton Plan, “Within the undeveloped urban and urbanizing areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of ‘neighborhood centers’. These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. The center contains uses necessary to support the surrounding neighborhood. Civic uses are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood.” SITE AND SURROUNDINGS : The subject property is primarily vacant except for the development of one gas well site, and is not in a flood plain. North : Neighborhood Residential 4 (NR-4) zoning district; undeveloped South : Neighborhood Residential 4 (NR-4) zoning district; undeveloped, future Phase 3 of the Forest Meadows Subdivision East : Neighborhood Residential 4 (NR-4) zoning district; undeveloped West : Neighborhood Residential 6 (NR-6) zoning district; undeveloped, future Phase 3 of the Forest Meadows Subdivision BACKGROUNDINFORMATION : The applicant applied for the Gas Well Development Plat on June 11, 2007 along with this Specific Use Permit (See Exhibit 7). The applicant has two other gas well gas well sites in the vicinity for a total of 7 approved gas well heads. The Acme 1H gas well site is located in a Neighborhood Residential 2 (NR-2) zoning district. Gas wells are permitted by right in the NR-2 zoning districts. The other gas well site is the Good Samaritan No. 1H (S06-0002) gas well site. It was approved with one gas well head through the SUP process in December of 2006. This gas well site has not yet been developed. DEPARTMENT AND AGENCY REVIEW : Since this is a developed gas well site, the Development Review Committee had no comments relevant to the Specific Use Permit review. CONDITIONS : The following conditions are recommended by the Planning and Zoning Commission to minimize the impact of the gas well development on the existing neighborhoods in the area and future neighborhoods (Forest Meadows). 1.The only ingress and egress to the well site is from Ryan Road. 2.This ordinance approves the addition of one gas well head on the site for a total of two gas well heads on the site. 3.The gas well operator shall screen the gas well site consistent with the negotiations of staff to create a visually appealing buffer, prior to the development of Phase II of the abutting Forest Meadows Subdivision. 4.The gas well operator shall relinquish all rights to the Good Samaritan Gas Well Site approved by ordinance 2006-346 and one gas well head located on the Acme Lease site (AGWP06-0007) as noted in exhibit 9. 5.Development and operation of the gas well development shall be in accordance with the gas well plat on file in the City Planning Department. FINDINGS OF FACT, UPON COMPLIANCE WITH ALL CONDITIONS, IF APPLICABLE: Section 35.6.5 of the Denton Development Code states that a Specific Use Permit shall be issued only if all of the following conditions have been met: 1.That the specific use will be compatible with and not injurious to the use and enjoyment of the other property nor significantly diminish or impair property values within the immediate vicinity. During the expected 30 year life expectancy the normal operation of the gas well should not diminish or impair property values. However, adjacent properties will be impacted during initial construction, which could last as long as 45 days and at times when the well is reworked. 2.That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. It is unlikely that establishment of this specific use will impede the normal and orderly development of surrounding property. The adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. The stockade fence required as a condition of Ordinance 2006-346 which provided a Specific Use Permit for the first well head on this site was not provided. All other supporting facilities have been provided for the gas well site as part of the first gas well development. The applicant has agreed to and will install a screening of the gas well site. 3.The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. Staff proposes that the ingress and egress to this well site be taken from Ryan Road. 4.That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration. Adequate nuisance prevention measures shall be required. With the exception of drilling and fracing the well, no noise, odor or fumes will be produced. Subchapter 22 of the Development Code states the required nuisance prevention measures for gas wells. The stockade fence required as a condition of Ordinance 2006-346 which provided a Specific Use Permit for the first well head on this site was not provided. 5.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. Proposed lighting shall not affect neighboring properties. Subchapter 22 of the Development Code addresses the issue of directional lighting. 6.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. Use of landscaping as a screen may be a condition on the specific use permit, as the adjoining property is zoned for single-family development. Section 35.6.6 allows the approval authority to recommend additional conditions on the proposal to protect the public and the welfare of the community. EXHIBIT 2 LOCATION & ZONING MAP FUTURE LAND USE MAP EXHIBIT 3 AERIAL MAP OF GAS WELL SITES Ryan Road O’Toole Lease 1H (1 well head) Forest Meadows (formerly Teasley Park) Good Samaritan 1H (1 well head) Lexington Park Acme 1H (5 well heads) Oaks of Montecito EXHIBIT 4 NOTIFICATION MAP Public Notification Date August 12, 2007 200’ Legal Notices* sent via Certified Mail: 2 Number of responses to 200’ Legal Notice 0 In Opposition: 0 In Favor: 0 Neutral: 0 Percent of land within 200’ in opposition: 0% EXHIBIT 5 SITE PHOTOGRAPHS Looking from Ryan Road to the southwest Looking south from Ryan Road. Entrance to gas well sites. EXHIBIT 6 LETTER OF INTENT EXHIBIT 7 Amended Gas Well Plat Amended Gas Well Plat (Enlarged View) EXHIBIT 8 Ordinance 2006-346 EXHIBIT 9 Letter from the Applicant EXHIBIT 10 Planning and Zoning Commission Meeting Minutes ÷äôóúóè AAGENDA INFORMATION SHEET AGENDA DATE: September 11, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 SUBJECT - Z07-0020 (Tiny Teasley Triangle) Hold a public hearing to consider the adoption of an ordinance regarding the rezoning of approximately 0.642 acres of property from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located on the west side of Teasley Lane approximately 260 feet south of the intersection of Teasley Lane and Bent Oaks Drive. The Planning and Zoning Commission recommends approval of this rezoning request (6-0). BACKGROUND Applicant: Rick Baria Denton, TX The purpose of this rezoning request is to combine this lot with the adjacent lot to the west currently zoned NRMU. The lot abutting the subject parcel to the west is landlocked with no direct access to Teasley Lane. Rezoning the subject site and combining the two lots will create the opportunity to develop both lots with access to Teasely Lane, see Exhibit 3. The applicant is proposing to develop the site with office buildings. On July 16, 2007, the applicant held a neighborhood meeting at the South Branch Library regarding the proposed rezoning request. The main concerns from the property owners that attended the meeting were drainage problems and road noise if Chiquita Street were to be extended to Teasley Lane. Public notification information is provided in Exhibit 6. As of this writing, staff has not received responses from property owners within 200 feet of the subject site. PRIOR ACTION/REVIEW August 22, 2007 Planning and Zoning Commission Public Hearing OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this rezoning request (6-0). EXHIBITS 1.Staff Analysis 2.Location Map 3.Existing Zoning Map 4.Proposed Zoning Map 5.Future Land Use Map 6.Notification Information 7.Letter From Applicant 8.Site Survey 9.Planning and Zoning Commission Minutes, August 22, 2007 10.Ordinance Prepared by: Ron Menguita Planner III Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development Page - 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: DATE TO BE CONSIDERED: Z07-0020September 11, 2007 LOCATION: West side of Teasley Lane approximately 260 feet south of the intersection of Teasley Lane and Bent Oaks Drive. APPLICANT: Rick Baria 5138 Eduardo Road Denton, TX 76208 OWNER: Big Star Development Ltd. P.O. Box 51285 Denton, TX 76208 REQUEST: Adopt an ordinance to rezoning approximately 0.642 acres of property from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential Mixed Use (NRMU) zoning district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of this rezoning request (6-0). Existing Land Use COMPREHENSIVE The subject site is located within an future land PLAN DESIGNATION: use designation. Within established residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. SITE AND The subject site is undeveloped. SURROUNDINGS: North: Neighborhood Residential Mixed Use (NRMU) – office buildings South: Neighborhood Residential 3 (NR-3) – existing Mobile Home Park East: Neighborhood Residential 3 (NR-3) – office buildings West: Neighborhood Residential Mixed Use (NRMU) – undeveloped BACKGROUND The purpose of this rezoning request is to combine this lot with the INFORMATION: lot adjacent to the west currently zoned NRMU. The lot abutting the subject parcel to the west is landlocked with no direct access to Teasley Lane. Rezoning the subject site and combining the two lots Page - 3 will create the opportunity to develop both lots with access to Teasely Lane, see Exhibit 3. The applicant is proposing to develop the site with office buildings. ANALYSIS: Existing Land Use/Infill Comprehensive Plan The proposed project is within the Compatibility Analysis: future land use designation. The proposed use is consistent with the comprehensive plan designation of Existing Land Use/Infill Compatibility. The developer is proposing to develop office buildings on the subject site in combination with the property to the west. The subject site is adjacent to office buildings to the north and to the east. To the south is an existing Mobile Home Park, see Exhibit 2. Development With the future expansion of Teasley Lane, the subject site will be Code/Zoning Analysis too small to develop as a single-family residential development. Given that the minimum lot area for subdivisions less than 2 acres in a NR-3 zoning district is 10,000 square feet, the maximum number of lots that can be develop at its current configuration are two lots. When Teasley Lane is expanded, the area for single-family development will be further limited and with the traffic proposed on Teasley Lane a single-family development along this primary arterial would not be a compatible use. Neighborhood Residential 3 is predominantly a zoning category for residential development. Residential densities in these areas average 3 homes per acre. Neighborhood Residential Mixed Use is intended for neighborhood-oriented retail, office and service development with allowances for townhomes, civic uses, and limited multi-family housing. The following table highlights the uses permitted between the NR-3 and NRMU zoning districts. Residential Land Use Categories NR-3 NRMU Agricultural P P Live Stock L(7) L(7) Single Family Dwellings P N SUP Accessory Dwelling Units N L(1) Attached Single Family Dwellings SUP L(40) Dwellings Above Businesses N P Live Work Units N P Page - 4 Community Homes for the Disabled P P Group Homes N SUP SUP Multi-Family Dwellings N L(4) L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1.The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2.The maximum number of accessory dwelling units shall not exceed 1 per lot. 3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4.One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(4) = Multi-family is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi- family use within one year prior to the effective date of Ordinance No. _2005-224; or 5.If allowed by a City Council approved neighborhood (small area) plan. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. Page - 5 L(40) = Limited to a maximum 12 units per acre. Commercial Land Use Categories NR-3 NRMU Home Occupation P P Hotels N P Bed and Breakfast N P Retail Sales and Services N L(17) Restaurant and Private Club N L(11) Drive-through Facility N SUP Professional Services and Offices N L(17) Quick Vehicle Servicing N SUP Laundry Facilities N P Outdoor Recreation P SUP Administrative or Research Facilities N L(14) Broadcasting of Production Studio N L(14) Temporary Uses L(38) L(38) L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L (38) = Must meet the requirements of Section 35.12.9. Industrial Land Use Categories NR-3 NRMU Bakeries N L(21) Veterinary Clinics N P SUPSUP Gas Wells L(27) L(27) Page - 6 L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(27) = Must comply with the provisions of Subchapter 35.22, Gas Well Drilling and Production. Institutional Land Use Categories NR-3 NRMU Basic UtilitiesL(25) L(25) Community Service N P Parks and Open Space P P ChurchesP P Semi-public, Halls, Clubs, and Lodges SUPP Business / Trade School N L(14) Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P High School N SUP Elderly Housing N P Medical Centers N P L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. The chart below illustrates the differences between the NR-3 and NRMU zoning district development standards. The NRMU zoning district permits higher density residential. Page - 7 The following limits apply to subdivisions of 2 acres or less: General Regulations NR-3 NRMU Minimum lot area (square feet) 10,000 2,500 Minimum lot width 60 feet 20 feet Minimum lot depth 80 feet 50 feet 15 feet Minimum front yard setback None L(2) Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet None Minimum rear yard 10 feet None L(2) = For infill lots, the front setback shall be an average of the adjacent lots. The following limits apply to subdivisions of more than 2 acres in lieu of minimum lot size and dimension requirements: General Regulations NR-3 NRMU Maximum density, dwelling units per acre 3.5 30 Minimum side yard for non-attached 6 feet 12 feet buildings The following limits apply to all buildings: General Regulations NR-3 NRMU Maximum lot coverage 50% 80% Minimum landscaped area 50% 20% Maximum building height 40 feet 65 feet 10 feet 20 feet plus 1 plus 1 foot for foot for eacheach Minimum yard when abutting a single- foot of foot of family use or district buildingbuilding heightheight aboveabove 20 feet 20 feet Page - 8 DEPARTMENT AND The Development Review Committee has reviewed the rezoning AGENCY REVIEW: request. All comments have been addressed. FINDINGS: Pursuant to subsection 35.3.4.B. a zoning amendment shall be issued only when the following standards are met: 1.The following rezoning conforms to the Future Land Use element of The Denton Plan. The proposed use is compatible with the comprehensive plan designation of Existing Land Use/Infill Compatibility. The developer is proposing to develop office buildings on the subject site in combination with the property to the west. The subject site is adjacent to office buildings to the north and to the east. To the south is an existing Mobile Home Park, see Exhibit 2. 2.The proposed rezoning facilitates the adequate provisions of transportation, water, sewers, schools, parks, other public requirements and public convenience. The Development Review Committee reviewed the rezoning request. During the review of the preliminary and final plats of the subject site the Development Review Committee will ensure that adequate transportation, water, sewers, drainage, and other public requirements and public convenience are provided. Page - 9 EXHIBIT 2 Location Map Page - 10 EXHIBIT 3 Existing Zoning Map Page - 11 EXHIBIT 4 Proposed Zoning Map Page - 12 EXHIBIT 5 Future Land Use Map Page - 13 EXHIBIT 6 Notification Information íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØ iñØÖÜÑïÎÉÔÚØÊÊØÏÉÇÔÜúØËÉÔ×ÔØÙðÜÔÑ iúÎÈËÉØÊÄïÎÉÔÚØÊÊØÏÉÇÔÜëØÖÈÑÜËðÜÔÑ ïÈÐÛØËÎ×ËØÊÍÎÏÊØÊÉÎ iñØÖÜÑïÎÉÔÚØ ôÏîÍÍÎÊÔÉÔÎÏ ôÏ÷ÜÇÎË ïØÈÉËÜÑ íØËÚØÏÉÎ×ÑÜÏÙÆÔÉÕÔÏ iÔÏÎÍÍÎÊÔÉÔÎÏ Page - 14 ÛÈØ×Þ×Ì é èÛÈØ×Þ×Ì ÷äôóúóè Û¨¸·¾·¬ ïð AGENDA INFORMATION SHEET AGENDA DATE: September 11, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas announcing that it will vote on a tax rate at its meeting of September 25, 2007; providing for publication of notice of such vote on the tax rate; and providing an effective date. BACKGROUND On August 3, 2007, staff provided Council with a copy of the required notice of effective tax rate calculation that would be published in the Sunday, August 5, 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 (M&O) taxes. The effective tax rate is generally the property taxes divided by excludes taxes on properties no longer in the taxing unit and also excludes the current taxable value of new properties (growth). Th58719/$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 the lower of the rollback rate or the In addition, state law requires two 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 (see attached). The proposed tax rate is $0.04 higher than the current tax rate of $0.62652. Three cents of this increase is related to debt that was authorized in the 2005 bond program. The remaining one cent increase is proposed to support the issuance of approximately $7,065,000 in certificates of obligation for miscellaneous drainage improvements. Agenda Information Sheet September 11, 2007 Page 2 ESTIMATED SCHEDULE 8/21/07 Vote to Place Proposal on Future Agenda 9/11/07 Hold First Public Hearing 9/18/07 Hold Second Public Hearing 9/25/07 Adopt Tax Rate PRIOR ACTION/REVIEW On August 21, 2007, Council met and discussed placing a proposal on a future agenda to adopt a 2007 tax rate and calling two public hearings on a tax increase. FISCAL INFORMATION The proposed property tax rate is $0.66652/$100 valuation for the 2007-08 Proposed Budget. EXHIBITS Notice of Public Hearings Notice of Vote on Tax Rate Resolution Respectfully submitted: Bryan Langley Director of Finance 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:Mayor Perry McNeill, Mayor Pro Tem Pete Kamp, Deputy Mayor Pro Tem Joe Mulroy, Council Member Charlye Heggins, Council Member Bob Montgomery, Council Member Jack Thomson, Council Member Chris Watts. AGAINST the proposal: PRESENT and not voting: ABSENT: Ý±³°¿®·±² ±º Ð®±°±»¼ Þ«¼¹»¬ ©·¬¸ Ô¿¬ Ç»¿®ù Þ«¼¹»¬ 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 Ì±¬¿´ ß°°®¿·»¼ Ê¿´«» ¿²¼ Ì±¬¿´ Ì¿¨¿¾´» Ê¿´«» ½¿´½«´¿¬»¼ «²¼»® »½¬·±² îêòðìô Ì¿¨ Ý±¼» 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 Þ±²¼»¼ ×²¼»¾¬»¼²» 138,995,000 Total amount of outstanding and unpaid bonded indebtedness $ Ì¿¨ Î¿¬» $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% Ì¸»» ¬¿¨ ®¿¬» º·¹«®» ¿®» ²±¬ ¿¼¶«¬»¼ º±® ½¸¿²¹» ·² ¬¸» ¬¿¨¿¾´» ª¿´«» ±º °®±°»®¬§ò * "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. Ý±³°¿®·±² ±º Î»·¼»²½» Ø±³»¬»¿¼ Ì¿¨» 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.) Ý±³°¿®·±² ±º Î»·¼»²½» Ø±³»¬»¿¼ Ì¿¨» 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: September 11, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT A07-0001 (Westview Commercial Annexation) Consider adoption of an ordinance on first reading under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 139 acres of land, contiguous and adjacent to the City of Denton 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 Planning and Zoning Commission recommends the annexation proceed as presented (5-0). BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX An annexation proceeding is being considered by the City of Denton for the Westview Commercial property, the City of Denton’s elevated water tank property and adjacent street right-of-way for Loop 288. The private property included in the annexation request is owned by Westview Commercial LP. The subject property (see Exhibit 1) is currently undeveloped except one gas well site and the City of Denton’s elevated water storage tank. The proposed annexation is being initiated by the applicant, Spring Brook Planning Group, on behalf of the property owner. The following items summarize the proposed annexation and important actions taken: On Friday, April 27, 2007, The City Council was informed (reading file) of the request for the voluntary annexation proceedings for approximately 127.9662 acres legally described as a tract of land situated in the BBB & CRR Survey, Abstract No. 0141A, Denton County, Texas, and a tract of land situated in the Whitlock Survey, Abstract No. A1403A, Denton County, Texas. The annexation request was brought before the City Council at a special called meeting on June 12, 2007. Staff received direction to include the City owned property and the Texas Department of Transportation’s right-of-way adjacent to the subject property as part of the annexation. On June 19, 2007 staff brought the revised annexation request and proposed summary schedule to the City Council for direction. The annexation request was brought before the Planning and Zoning Commission on June 26, 2007. This item was tabled until the additional property could be added to the annexation request. On August 7, 2007 the City Council held the first required public hearing for the voluntary annexation. On August 8, 2007 the Planning and Zoning Commission voted (5-0) to recommend the annexation proceed as scheduled. The Planning and Zoning Commission also held a public hearing regarding the zoning of the property. The Planning and Zoning Commission recommended to approve of the request to zone the annexed property as Regional Center Commercial Downtown (RC-D). The annexation and proposed zoning requests were heard before the Planning and Zoning Commission on August 8, 2007. The Commission recommends the annexation proceed as scheduled (5-0). On August 21, the City Council held the second required public hearing for the voluntary annexation. 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 Center 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. Proceed with the annexation with changes. 4. Discontinue annexation. RECOMMENDATION The Planning and Zoning Commission recommends the annexation proceed as scheduled. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Application Date April 9, 2007 DRC Review April 27, 2007 st 1 CC Public Hearing August 7, 2007 Planning and Zoning Public Hearing August 8, 2007 nd 2 CC Public Hearing August 21, 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.Letter from Applicant 2.Annexation Summary Schedule 3.Location Map 4.Service Plan 5.Service Area Analysis 6.Notification Map 7.P&Z Minutes 8.Ordinance Prepared by: Lori Shelton, AICP Planner II Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development EXHIBIT 1 Letter from Applicant EXHIBIT 2 Annexation Summary Schedule Westview Commercial Annexation st Notices of Intent to Annex (30 day prior to 1 Public Hearing) were sent on July 2, 2007. Aug 7 Tuesday,City Council conducted 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 hearing –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 Location Map EXHIBIT 4 Service Plan EXHIBIT 5 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 EXHIBIT 6 Notification Map íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØóÈÑÄ iñØÖÜÑïÎÉÔÚØÊÊØÏÉÇÔÜúØËÉÔ×ÔØÙðÜÔÑ iúÎÈËÉØÊÄïÎÉÔÚØÊÐÜÔÑØÙ ïÈÐÛØËÎ×ËØÊÍÎÏÊØÊÉÎ iñØÖÜÑïÎÉÔÚØ ôÏîÍÍÎÊÔÉÔÎÏ ôÏ÷ÜÇÎË ïØÈÉËÜÑ EXHIBIT 7 P&Z Minutes AGENDA INFORMATION SHEET AGENDA DATE: September 11, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT A07-0002(Denton Municipal Electric Spencer Complex Annexation) Consider adoption of an ordinance on second and final reading to voluntarily annex approximately9.02 acres into the corporate city limits of the City of Denton, Texas. The first site is approximately 3.95 acres, the second site is approximately 0.173 acres, and the third site is approximately 4.897. The sites to be annexed are generally located on the north side of Spencer Road between Woodrow Lane and Brinker Road (see Exhibit 1). The sites are within a tract of land described in the Mary Austin Survey Abstract Number 4 Denton County, Texas and being a part of the called 26.474 acre tract described in the City of Denton Ordinance No 81-83 enacted on July 21, 1981 pertaining to the alteration of certain boundary limits of the City of Denton, Texas by the dis-annexation of certain uninhabited territory, consisting of 26.474 acres of land owned by the City of Denton, Denton County, Texas. The Planning and Zoning Commission recommends the annexation proceed as presented 6-0. BACKGROUND Applicant: City of Denton Denton, TX A voluntary annexation proceeding is being considered by the City of Denton for portion of the Denton Municipal Electric Spencer Complex property and associated right-of-way. The ownership of the property is the City of Denton. The subject sites are as the currently developed Denton Municipal Electric Utility Operation facility (see Exhibit 1). The proposed annexation is being initiated by Denton Municipal Electric. The following items summarize the proposed annexation and important actions taken: On July 29, 2007, the Ordinance was published in Denton Record-Chronicle. On July 17, 2009, City Council held the first reading of the Ordinance. On June 27, 2007, Planning and Zoning Commission held a public hearing regarding the proposed annexation and zoning change. On June 19, 2007, City Council held the second of two public hearings. On June 12, 2007, City Council held the first of two public hearings. On April 27, 2007, staff received direction from the City Council to pursue voluntary annexation proceedings for three sites. The first site is approximately 3.95 acres, the second site is approximately 0.173 acres, and the third site is approximately 4.897. The sites are within a tract of land described in the Mary Austin Survey Abstract Number 4 Denton County, Texas and being a part of the called 26.474 acre tract described in the City of Denton Ordinance No 81-83 enacted on July 21, 1981 pertaining to the alteration of certain boundary limits of the City of Denton, Texas by the dis-annexation of certain uninhabited territory, consisting of 26.474 acres of land owned by the City of Denton, Denton County, Texas. The three sites proposed for annexation are located within City of Denton’s Extra- territorial Jurisdiction (ETJ) and is not zoned. The Comprehensive Plan identifies this area to be within an Employment Centers land use designation. The annexation is scheduled for completion on September 11, 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. The subject sites are within a platted lot; however, any subsequent subdivision or reconfiguration of the subject sites 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 presented 6-0. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 12, 2007 First City Council Public Hearing June 19, 2007 Second City Council Public Hearing June 27, 2007 Planning and Zoning Commission Public Hearing st July 17, 2007 1 reading of the Ordinance July 29, 2007 Ordinance publication 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 Schedule Summary 3.Service Plan 4.Service Area Analysis 5.Notification Map 6.Planning & Zoning Commission Minutes, June 27, 2007 7.Ordinance Prepared by: 8. 9. Ron Menguita Planner III Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development EXHIBIT 1 LOCATION MAP EXHIBIT 2 ANNEXATION SCHEDULE SUMMARY Denton Municipal Electric Spencer Complex Potential Annexation st Notices to Intent to Annex (30 day prior to 1 PH) will be sent on May 4, 2007. nd 6/12/07 Tuesday,City Council conducts first public hearing. (2 Tuesday Session) 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. 6/19/07 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. 6/27/07 Wednesday, Planning and Zoning Commission public hearings –make a recommendation to City Council regarding the proposed annexation and rezoning request. 7/17/07 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. 7/29/07 Sunday,Ordinance published The ordinance cannot be acted upon until at least 30 days after publication. 9/11/07 Tuesday, City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers adoption of zoning request. 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 August 28, 2007 and October 15, 2007. 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 CITY OF DENTON SERVICE PLAN FOR A07-0002 Denton Municipal Electric Spencer Complex Annexation I.AREA ANNEXED The annexation area is located on the north side of Spencer Road between Woodrow Lane and Brinker Road. The sites are within a tract of land described in the Mary Austin Survey Abstract Number 4 Denton County, Texas and being a part of the called 26.474 acre tract described in the City of Denton Ordinance No 81-83 enacted on July 21, 1981 pertaining to the alteration of certain boundary limits of the City of Denton, Texas by the dis-annexation of certain uninhabited territory, consisting of 26.474 acres of land owned by the City of Denton, Denton County, Texas. II.INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract(s) the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III.AD VALOREM (PROPERTY OWNER) TAX SERVICES A.Police Protection, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B.Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 3.5 minutes from future Station #2, located at 3309 E. McKinney Street. The City of Denton will provide emergency medical services (“EMS”). C.Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County, shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. D.Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are within reasonably close distance of the proposed annexation area. The closest Denton Parks property to the proposed annexation area is Mack Park, approximately 1.5 miles away. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. E.Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. F.Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a “cost recovery” basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. G.Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Denton Development Code, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city’s 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tract is within the Regional Mixed Use Centers land use designation. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. IV.UTILITY (RATEPAYER) SERVICES A.Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. City Ordinance requires Solid Waste services for all residences and commercial businesses located within the city limits. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection and recycling collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To receive solid waste or recycling collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit a request/application for service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Commercial Refuse and Recycling Services Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste and recyclables types and volumes generated. All refuse placed in the container for collection must be bagged to eliminate wind-blown debris and littering. Refuse that is not placed in the refuse container with the lid closed will not be collected. Refuse placed outside the refuse container is subject to code enforcement regulations, including potential fines. Recyclables placed in a recycling container shall not be bagged. Container lids shall be kept closed at all times during periods of materials storage (when not placing materials in the container). Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B.Water/Wastewater Facilities There are water and wastewater facilities in the area to be annexed. The City will provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. C.Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City will provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D.Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. V.OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI.CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation. No construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ½) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VII.UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII.TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. IX.AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). EXHIBIT 4 ANNEXATION REQUEST SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation The Planning and Development Department has received a request for annexation of three tracts, approximately 9.02 acres, located on the north side of Spencer Road between Woodrow Lane and Brinker Road. The sites are within a tract of land described in the Mary Austin Survey Abstract Number 4 Denton County, Texas and being a part of the called 26.474 acre tract described in the City of Denton Ordinance No 81-83 enacted on July 21, 1981 pertaining to the alteration of certain boundary limits of the City of Denton, Texas by the dis- annexation of certain uninhabited territory, consisting of 26.474 acres of land owned by the City of Denton, Denton County, Texas. Size: 9.02 acres Location: North side of Spencer Road between Woodrow Lane and Brinker Road Proposed use: Basic Utility Proposed zoning: Employment Center Commercial (EC-C) 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 north side of Spencer Road between Woodrow Lane and Brinker Road. Spencer Road is classified as a Collector Road on the City’s Mobility Plan. Future Land Uses. The proposed annexation area is within the Employment Centers land use designation. Existing land uses: The subject property is currently developed as a Municipal Electric Utility Operation facility. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that this property is not within an ESA or within a floodplain. Proximity to other service providers: The three tracts of land are owned by the City of Denton. The tracts of land are currently use as a Municipal Electric Utility Operation facility. There are various water and sewer lines that transect the tracts. Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Ron Menguita in the May 18, 2007 Planning and Development Department by , and call (940)349-8328 if there are any questions. SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) 23309 E. McKinney Street #, located at . 3.5 2. Estimated response time. minutes 3.5 3. Appropriate response time in the City. minutes NO 4. Is a new fire station approved in the CIP that could serve this area? If yes, what is the CIP program year? _____ NO 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? If yes, when should this station be operational? _____ 6. Total estimated funding for equipment, employees and/or facilities needed to serve this N/A area strictly based on annexation and proposed development. 7. Please comment on the cumulative impact of annexation and development. N/A At what population level would another fire station facility be required? Is there an accepted facility/equipment to population ratio that can be used for planning N/A purposes? Is there an accepted fire fighter to population ratio that can be used for planning N/A purposes? NONE Additional Comments: Rick Jones, (940) 349-8860 May 17, 2007 _______________________________ _______________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation 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 is Mack Park, 1.5 miles. Since this area is an industrial-government area, no residential currently exist or most likely ever will due to the municipal facilities on the property. 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 The 2000 Denton Park and Recreation Master Plan does not indicate a standards? need for a Community Park in the general area of the proposed annexation. 2.5 (to be dedicated at time of development) Neighborhood Parks: acres per 1,000 population 5 acres minimum size. (by developer) cost per acre. Recreation Center: _____square feet per 1,000 population. _____square feet minimum size. _____cost per square foot. Other facilities 3 Community Parks: acres per 1,000 population. 30 acres minimum. _____ cost per square foot. 3. How much additional funding will be needed for maintenance if additional park facilities NONE are developed to serve this area? Based on $3,454 (developed) cost per acre _____ cost per square foot 4. How many additional personnel would be needed to properly serve this area if annexed NONE and developed? _____ additional personnel per 1,000 population; _____ additional personnel per 1,000 square feet of facility; or _____ additional personnel per acre of park. 5. Service Standards: 0.5 to 0.7 FTE(depending on type of service) additional personnel per 1,000 population $38,000 per year cost per additional personnel NONE Additional Comments: Bob Tickner, (940) 349-8275 May 25, 2007 _______________________________ ___________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Police 1. Estimated average response time for this area based on current department conditions: 4 minutes Priority 17 minutes Non-priority 10.5 minutes Average 2. Appropriate average response time in the city based on current department conditions: 4 minutes Priority 17 minutes Non-priority 10.5 minutes Average 3. If annexed and developed as proposed will additional personnel be needed as a specific NO result of this proposal? If yes, how many? _____ What type? _____ NO 4. Will additional equipment and funding be needed to serve this area? If yes, what type? _____ 5. Will a police substation or other facility be needed to serve this area as a result of NO annexation and development? If yes, when should the new facilities be operational? _____ 6. Please comment on the cumulative impact of annexation and development. N/A At what population level would another police facility be required? Is there an accepted facility/equipment to population ratio that can be used for planning NO purposes? 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 CreamerJune 5, 2007 ________________________________ _____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Library 1. Estimated additional funding needed strictly based on proposed annexation and $0.00 development. Since this 2. Please comment on the cumulative impact of annexation and development. site is not planned for residential development, the annexation and development of the DME Spencer Complex will not have a negative impact on library services. 131,738 3. At what population level would another library facility be required? 4. Is there an accepted circulation to population ratio that can be used for planning YES; 8.7 is the national 2006 annual circulation per capita mean or purposes? 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 YES; 1FTE per 2,712 population purposes? 6. If annexed, can anticipated service demands be met using existing materials, facilities, YES and personnel? 7. If not, how many additional employees and what type of facilities and materials will be N/A needed to provide services? This annexation will not impact the current level of library Additional Comments: services. Eva Poole, (940) 349-8750 May 18, 2007 _______________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Solid Waste 1. Is residential solid waste service available to the proposed area for annexation? Residential service has not been requested. The area is developed as an electric utility operations facility, receiving commercial service. 2. Is commercial solid waste service available to the proposed area for annexation? Commercial service is currently being provided. 3. What is the estimated cost to provide this area with solid waste service? Incremental customer costs Equipment and Maintenance. Incremental customer costs Personnel. 4. What is the typical revenue collected per: N/A Household. Based on level of service Commercial Business 5. Will additional equipment be needed to serve this area if annexed or developed? N/A Type of Equipment. N/A Cost of Equipment. 6. Will additional employees be needed to serve this area if annexed or developed? N/A Type of Employees. N/A Number of Employees. 7. Please comment on the cumulative impact of annexation and development. N/A At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning NO purposes? Is there an accepted employee to population ratio that can be used for planning NO purposes? NONE Additional Comments: Scott Lebsack, (940) 349-8069 May 18, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? _____ 2. What type of lines and facilities would be required to serve this area? _____ 3. Are any new lines or facilities proposed for construction to serve this area? _____ 4. Are there any potential responsibilities if this area is annexed? _____ 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? _____ Our obligation to provide electric service if it is requested is tied Additional Comments: to the Certificate of Convenience and Necessity (CCN) issued to DME by the Public Utilities Commission of Texas. Our authorized CCN does not correspond with the city limits. It includes most, but not all, of the present city limits and quite a bit of area outside the present city limits. If someone requests us to provide electric service anywhere within our CCN, we must provide that service, regardless of whether the facility is located within or outside the city limits. Therefore there is never any impact on DME from an annexation. Sharon Mays, (940) 349-8487 May 7, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Water/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? 12-inch Size of sewer line. Along access road to the Water Plant Location of sewer line. Within the annexation area 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. Size Year Location Water lines _____ _____ _____ None Sewer lines _____ _____ YES, 12 inch 4. Are there any City of Denton lines included in the proposed annexation? 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? _____ Since the property in question has been served water for years Additional Comments: and will add no new population, I have no comments to provide. Tim Fisher, Assistant Director Water,(940) 349-7190 May 4, 2007 P. S. Arora, Assistant Director Wastewater,(940) 349-7189 May 18, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation 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 Spencer Road No improvements, however ROW will be required if not already dedicated 2. Are any of these improvements presently scheduled to be done at state or federal NO 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 NO and development? If yes, what type of equipment or facility? _____ 5. Please comment on the cumulative impact of annexation and development. NONE At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning NO purposes? Is there an accepted employee to population ratio that can be used for planning NO purposes? As of this writing, Planning has not received a response from Additional Comments: Drainage. As soon as information is received, it will be included in the Service Area Analysis. Bud Vokoun, (940) 349-7710 May 7, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation 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 Additional Comments: Denton 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 EXHIBIT 5 Notification Information íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØ iñØÖÜÑïÎÉÔÚØÊÊØÏÉÇÔÜúØËÉÔ×ÔØÙðÜÔÑ iúÎÈËÉØÊÄïÎÉÔÚØÊÊØÏÉÇÔÜëØÖÈÑÜËðÜÔÑ ïÈÐÛØËÎ×ËØÊÍÎÏÊØÊÉÎ iñØÖÜÑïÎÉÔÚØ ôÏîÍÍÎÊÔÉÔÎÏ ôÏ÷ÜÇÎË ïØÈÉËÜÑ íØËÚØÏÉÎ×ÑÜÏÙÆÔÉÕÔÏ iÔÏÎÍÍÎÊÔÉÔÎÏ ÷äôóúóè ÷äôóúóè AGENDA INFORMATION SHEET AGENDA DATE: September 11, 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 – Deputy Mayor Pro Tem Mulroy Human Services Advisory Committee – Council Member Montgomery Traffic Safety Commission – Michael Kozac has resigned-All position 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 Handout to City Council 09/11/07 P~,6/~ ~_f1L~r~~ ~~ --- September 3, 2007 Mayor McNeil and Members of the City Council John Shrader and I aze writing on behalf of the seniors of Denton and most specifically those seniors who participate in activities at the Denton Senior Center. The Senior Center Advisory Boazd requested that we pursue the use of an accessible vehicle to be used for Senior trips particularly when a senior citizen who uses some type of assistive device wishes to take a senior day trip. The current vans owned by the City of Denton aze not accessible and are not user friendly for seniors. There is no room for storing a walker on the vans and we all have great difficulty stepping over the wheel well in order to reach the reaz seat. In addition, although the vans aze said to be 15 passenger vehicles, we cannot comfortably fit 15 seniors in those seats. You may have noticed that "senior. bottoms" are usually somewhat wider than they were at age 20 and thus three seniors cannot fit on those middle seats. We have requested that the City consider purchasing a small bus with an aisle and individual seats. Said vehicle would be available for use in the same manner as the current vans and the Senior Center would need to reserve the vehicle when needed. We believe it might be possible to get grant funding for such a vehicle but not in time for the 2007-2008 activity year. With that in mind, we are asking that the FY 2008 budget include an additional $6000.00 above the amount budgeted last year for senior trips, making the total $15,500.00 for FY 2008 and each year until a suitable vehicle is secured. The Senior Center could then rent a small bus and driver for those trips where accessibility is an issue.. That would enable all of our seniors to participate in day travel without regazd to their physical limitations. We seniors pay for these trips and enjoy them immensely but we would just like to feel a bit safei in getting in and out of vehicles and we do want to enable all seniors to share in the trips. We recognize the difficulty in dealing with budget items but we respectfully ask for this small amount this year and urge staff to seek a grant that will provide a safe accessible vehicle for our future use. Thank you for your service to our community. ~i>/32.u2./ ~ /~/ Linnie M McAdams Senior Center Advisory Council John Shra Senior Center Advisory Council Cc: George Campbell, City Manager Emerson Vorel, Director of Parks and Recreation I To: Amanda Green i From: Jeff Gilbert Subject: Trips The following trips were taken since last Septemb er: Date Name Time Cost #of oeoale #of vans 9/12/06 Cowgirl Museum 9:30-3:OOpm $17.00 12 (1) 9/20/06 M-Line Train 9:30-3:OOpm $ 8.00 26 (2) 9/28/06 Autumn Blooms 9:00-3:OOpm $15.00 24 (2) 10/6/07 Riverboat Granbury 8:00-3:30pm $33.50/38.50 28 (2) 10/12/06 Tx. State Fair 10:00-7:OOpm $10.00 48 (4) 10/28/06 Fall Festival 9:30-3:30pm $14.00 25 (2) 11/9/06 Dallas Museum 5:00-9:30pm $ 8.50 28 (2) 11/15/06 Stone Briaz Mall 9:30-3:30pm $ 8.00 12 (1) 12/9/06 Johnnie High 1:30-8:30pm $30/35.00 42 (3) 12/16/06 Interlochen Lights 4:00-9:OOpm $ 7.00 38 (3) 1/6/07 Van Gogh Art 9:30-3:OOpm $19.50 16 (2) 1/18/07 Dallas Aquarium 9:30-3:OOpm $22/27.00 14 (1) 1/25/07 Galleria 9:30-3:30pm $ 7.50 14 (1) 2/17/07 Bill Gaither 11:30-5:30pm $46.50/51.50 27 (2) 2/28/07 Winstaz 8:00-3:OOpm $10.00 34 (3) 3/6/07 Piano Outlet Mall 9:30-3:30pm $ 7.50 11 (1) 3/17/07 Azalea Trail-Tyler 9:00-6:OOpm $13.00 23 (2) 3/28/07 Kimbell Museum 9:00-4:30pm $19.00 17 (2) • Page 2 Outside Bus Rental Cowtown Bus 5 hr. trip (31 passenger bus) Cost: $387.60 (est. per trip) 6 hr. trip (31 passenger bus) Cost: $456.00(est. per trip) Each additional hour is $68.40. • e U ~~ ~ -- _. ___ - - --- ~_._ ~ ~ ~- ..L,~.~..?~- - - ----- - 'J ---- - -fin --- cy- We the undersigned support the letter to the City Council dated September, 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. Name _. Street Address Ci , State, Zi code _ ` ~ 'Y ~ '~ a s i ~1. '~ ~. ~ f l~ ` ~:, / ~ ~3 ~ -~ ' S ~ ~ ~rJ~l~-~-~- ~ ~C ~D IS~Y~' 11~4~ ~~ ~ / ~ ~0 ~" ICAO L~JL ~ / Cv r( L~ a~ ~a~e, s-~-c%,J ~ ,~ j 76~io ~~~~~~ ,~~. ~b : SFav~~ , . ~ D~ i ~ i ~ ~c2~~ z~~ ~-~wood Q ~ ~ti{~r~7~2o`~ 3 ~''i"~ We the undersigned support the letter to the City Council dated September.4; 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. -- Name Street Address Ci , Stat , Zi code ~ti.~.. _ ~~ ~ ~G ~ ~ arl~~.o~ + e G~~~ 'titer ~/D~' `Z~ 3 zl3 G1J ~~a~ `~ I ` ~ M-c ~~~v-,-`, c~1 ~~ 3 yd y '~`'~~f~,S~~N I~ L ~ ~,~ ZZI j~j~/~ /~ ~y/GR TR/1rL ~~ e ~ ~ 33 3 S-~-e~~-~ ~ ~- N r ~ 3 3 ~-~.~ ~ u~l~-.~.~-- 1 ~ 3 O~ I ~ ~~ ~~~- ~ c. v .u~udcs i7 ~i2 ~~T o,C.)~ °3 !~ < I GU ~ 1l ~~ , ~ ~ - ., 3 if'~"~ We the undersigned support the letter to the City Council dated Septemberd, 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. DTame Street Address Ci ,State, Zi code ~,1 ,~~ Jac ~, CJI.c-? YJ / -OC.) CUNc~a~uf0 /7~' I ~~ ~v ~ ~~o ~ J J/!1ti' j ~%~~' ~~-C fG~ i;' % ~L '`~ ~~2 ~ _ L~' 5 '~ 7~ Z , . L~1. . L~ U ~' -, ~p J -~ ~ ~ ! ^ . ~ ~ ~~~3~~ ~ ~~ ~ ~~.~ ~ 3g ~~ // a~J~~ /-o~a~ d6 a.u~'-~i' `f 0 `J 772 a l~ ~-~-cc, " ~' ~Cp ~ 7 '~ "" ~ ~~~ ~ ~ U 2.i vn ~ /1Ji~ Gi/` r~ I~ - -~ r _ I X33 C'-~->~~.r~-~ o~~~ , ,~a~--7~ ~~ L. , %~ -,z, v ~ - ~,~/.~ ~.- ~ _ i/~,,~,,~, ,~ 7_ c ~ , , - ~ ~~ ,;~~~(~~ 7 3% `~ ~G'~~1-I/~~~ Il2ArL 1-J~ r~~~v lx ~CZIv . , _ 3 R+~ We the undersigned support the letter to the City Council dated September.4; 2007 m support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. Diame Street Address Ci ,State, Zi code (- ~ G } ~I~~P J~L~ X21 N79~~~~s ~, r> >~ .2e;s ~~ ~ ~~~~~Q~ °~C ~'»S io 3 ~e ~~ Tx"le~lo ~ ~~ , / cam, c~ / ~ f ~ ~-- a ~ls 4/~~,z~~. ~~ ~-~.,..~, ~~~ o ~~.~ 30 7 Q ~ ~~ ~~ ~ I ~ ~ ' /~~ S ~ , GL ~Y ~ J~LC~ / ~Q < 2~~v ~'1 ~~ ~ i ~~Z ~'~ - : «~~ i ,,nn ~U'rti~~ly /~ Ze ~ CP ~ ~ ~~ ~ 7- ,~ o '~-' -~~ ~ rt G 3G'3g l-e~sr~y~'' ~ ~" ~c~, Tc-ii 'Y~G~~o ~~ ~~~ _ 4a~ ~ - ~oz,1 d 3 ~P'~"~ We the undersigned support the letter to the City Council dated Septemberd 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. [dame Street Address Ci ,State, Zi ode n~ .~v9 " . ~ . .~a D /.~/. ~~~ ~,o o ~ %1 3av I,c>, ~n ,e~ss ~ , ~~ , ~~~ 71~i ~ ~~~ i~ ,~ ,~D yov C-ac/ LliK(./J ///3 ~ ~L~a 9 131 ~ ,U~.~ /,< ~ 6~ 3 s a- ~ - ~ Co2~ N. i,c~~o L~~•-. 76Q Uri ~~Wdo ~ leraK~ - lJeu~ezt ~- / i ~ ~ ~ ~ ~% y~ /2 ~~~ ~ ~ ~ ~- .c ~~~~~ 3 ,~'"~ We the undersigned support the letter to the City Council dated September.4; 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. Name Street Address Ci ,State, Zi code ~'7~~~~ ~v~~a~ ~ ~~~~ti ~~ 7~~0~ ``TT~I~ lN~~' iii c~~~ . j~-.~' ,-~ ~ ;T ~ l U I ~ia/V2~u ,'W~C~Ci~ ~ "' o~ C ~ ~'~J' ` ~~ ~ / G ~_ ~ /S ~ ,'C~ ~ "~Q"I~iIZGC^t ~ -lam i ~/ ~ --z ~7 .~ ~ /C ~ ~,..~ «z„ , v-~.~ ~~ 710 ~~ ~ ~ ,l ~,~ yoy' ~' L-~.e Lu~L ~~C-~iyn.r„~,^- ~ `70 ~ ~w ~~-~ ~~' ., , ~~Cnt,~ 7 ~ .~ ~ I /D~l d 3`IDV7egsle /6 ~e -+ ~~ /( / l ~j ! i I f /~ !/ ~ s S i ~ `~ 7~Z/ l f ~ ~~~-~ J' :~ 3 ~,~ We the undersigned support the letter to the City Council dated September 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. Name Street Address Ci ,State, Zi code ~----- G~`'c~ J ~ a 7 tit'-~-~ ~~ ~ Gti,~ ~, ~/J~ ~ ~9'r~-u-t- ~ ~ ~ S ~t~~~.~~ ~etiz~ 7~j~ ~~~ ~ ~ r ~ ~ ~ ~~ ~.'~ r 7~'~.a y ~~-~~ ~~ ~ zms ,-p t; Ddh~>, - b , ~~ --~2 /7a~~a/, mss; ~T ~~ ~~~~~~~ ,~~~ ~~a +~..., c~r'itc'G(~lL~--, Z~ S~G-I /r/t-~/~v7•~- 7vri-sad ra '' Yixr~2 - ~~ .~~ . r~ '~ ~ ~~ ~ 2~~~' ~~ ` o ~ ` ,~ 7~1y2~ -- _C~ c ~: - ~n ~~ ~~~~ z S c3 ~ ~~K ~ ~~ ~: ~ l~~uTo u _ _ We the undersigned support the letter to the City Council dated September, 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. Name Street Address Ci ,State, Zi code -{omEn 1N~~5 L-N 1 °09 f'-~" AN~ ~-E ~N~N 7b zp J ~ tpwi t r 31 Ci. ~/ i1 S~4 t-dl/ .4 / ~ 3 /2 .'.-.c ~.P .~~~- T7~ 7 C2o 7 Ifr~p u a.uJ,1 8(!a ~aP curd ~ 7 Zo -rte C~ ~~~ ~~~ 3 ~~ ~ ~~,~ ~~ 7~aG -t-- ~ c ~ << ~ r~ r~ ~ L D ~~,~ ~ ~~ L_ ~ 7 ;_ . a. ° .~ s ~ X ~.~,."~ ~~ ~ G z y'S `~,nr- c~ 1`~ ~ ~ y 3 q -rC~S ~ ~ ~ ~ ~ ~~'~ ~ ~~~ ~ ~ 'Z 1 0 w G~ I/" 9/GQ,~a ~ , .d~~,~zc ; T i ' /. ~~o rye. We the undersigned support the letter to the City Council dated September 4', 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. [Name Street Address Ci ,State, Zi code ~~~ ~.~-~. ~Ol -/~ Z 2v` G~'S~/~ r n, ~ 2s ~ C~ t ~ ~x ~ ~ ~ 1 ~ 3 ~ ~ ~ _ ~~ ~ ~ u ~ e v ,rte ~, a~ ~" `~ ~ / ~Oto ~'(. ~~ ~~ ~. ,~~ti3 ~ ~ ~ ° ~~--~-t-~. ~ l ~~ ~ ~ T 14ClJ ~cc~e, ~" ~X s-rr~- ~ ~o-`_, J ~~~ P~1 ~,~~~~ ~ i~a~ l~ << ~~. ~~-. ~~ G,~,.. ~ 5 I Z , e.~-~s ~ ~a ~r ~ ~ ~ 5 3RD We the undersigned support the letter to the City Council dated Septemberd 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. [Name Street Address Ci ,State, Zi ode S .J ~ ;. /~]~ T~ 5° ~b Q~ 3 ~, ~.~ 2 ~ ~a /~>T~Y '/ ,, ~ - ~~~ ~ ~_ ~, ~ . ~~. ~ ~ ~-~ ~~zoZ ,~ ~-~~w ~ ~o , /.~ Z ~ il. ~~ z 0 -~~ i~r ~r .~. rt~.,T 7LZ~o ~fy/,///7 _ , ' g /S q ~~ ~ l/l- ni i~r - ~ ~ R ~ ~.Z- q~60 to ~ .~ ~~ GS- `f D ~ lv O ~~-~ ~~ ~fioN ivv 2~<F rti We the undersigned support the letter to the City Council dated September 4; 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. [Tame Street Address Ci ,State Zi ode ,1r.~ ~~ ~ ~-~` ~~ a- o /C~-, ~'~~ ~~ T ~ 7~do~ J/~ l O ~,:~, ~ ~ ~L ~/6 , ~ . ~ ft~ /~o ~ ~~.-- ~~ m~-- ~- ~ .lzb~' 1 7 ~ 34rvy /~~ sfo~~ /~d De,u~od ri( 7(oZo9 i pp ~~, ~~7 ~ ~~. ~~~ 7z P ' ~ `7 ~ 6 ~//~ Q~ 'w L / GE. ia~ ~ ' ~/ ~~a ~~! ~ ,~f~ v// ~c CvK v l / F~~~PT' i We the undersigned support the letter to the City Council dated September.4', 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. Name Street Address ~ Ci ,State, Zi code ~~, i yoo ~ ~ ~~ u s ~~~- ~ 7~20~ • ~ l/V l / 7 l - _~/ ` Y ~~ ~')D C- ~~ S~ ~ ~ ~ ~ ~. vWYI Vik_. t/~f~Wi~ ~ ~ ~ ~ ~' v.~.52-r i cJ~~ ,. ~1L~n "l~~ l c ~ 7~ ZQ ~ c' ~_.f:G~ U ~ !~ ~.~ ~~r ~ ~~- ~ ~ 7G X05 `1rut ~ ' x~~ . U ~ _ s 7~ `1~~ - i 3 oS ~o-t~.c~--e- ~~-u. j x 7/c7~~ .~ ~~ ~ ~5 ~ ~P _ ~ ~ ~~ 1 3 /P'~"~ We the undersigned support the letter to the City Council dated Septembev4; 2007 in support of Senior Center Transportation and signed by John Shrader and Linrue McAdams. [lame Street Address Ci ,State, Zi code ~5D/ YI.i~ ~x..~/~ ~ ~6~ ~ J_G~ ~~ ~-// 7 to Z(o6 ~ a ~ .~,~ %~ ~~aa I ~ ~- a 5 ~8~,i~ ~. .~~ ` II /3~ 6 ~ ~, ~ '~~~0 ~~ ~A~~. 1~u-~ ~ 1 o t C,~J e.s ~ b ~- d~ - 7 L ~ aCl ~ 3 y , a. ~" .~ ~ a Or, „e.~ ~ ~ 7 7~c ~~ ~ ~ ~ S S' ~ ~~ r•e. We the undersigned support the letter to the City Council dated September 4; 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. Name Street Address Ci ,State, Zi code I -~ ~ L~ L-Vs p ~ ~`-~ `_. P21y~r-... ~ _ ~ sin ~ ~ S' lva t ~ ~~aG~ ~~~C, J= ~ -:~5~~ ~ ~~ 3~T(P i ~~ ~ ~ ~ _ ~n~~ - ~~-e ~~ ~'~-uv-- "71oz1 Z~ IG 2s S~ ~~/~~ ~.~ (72f ~ tt Z12- ~u L r ~ ~ - ~-~ . ~ - ~~ l4'a~ ~- ~.~ ~- ~~z ~ :~ ~ , z d . GI I ~ Z ~c ~ ../1') /T r~rN a u ~ $00 L`'ONGu~'t~ L t Nibs ,/ 7lo.ioS~ ~ ni 90 ~9~ t-:l6~c ~ ~ _ ~~-r~~i ~L~ 7 ~ z~f U 3 ,(rx~ We the undersigned support the letter to the City Council dated SeptemberfY, 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. Name Street Address Ci ,State, Zi code V4~G~tJe,~.ta nI~ a~1`~ S ~~-Sf.3'Se-ab~~2.~ ~ D~c/ eK,= :7G."~-5 i~G~.. ~~. ~.~v~` C IC' cJ c o' ~I C~ p~\ C~~: 1 r. /f - - . ~' 1.. ~ , it ~ P, ~~. , .. L ; , ,~/Zt~GOr-C ( ,~ h'~ ,1..~ ~ ( 7 ~v ZOOS "' " "'~ ' = ~.~-- a ' ~ ( ~ ~~I '~ ~' ~'c' ~, ~ • = ' 1. r ~ i C ~- / - ~ ~ X N D ~ ~ ~ ~ ti~i dP /--aT a~~U ii 7~ ~~L~ ~~, vr~2~ T~FrI`f S I ~ti~ Zr53 `~~„~ ,~ ~ '7(a2l~b / 7~~i ~~ ~D~ ~ ? G~-l U ~l 1..~~1~~ ~ , ~ ~" ~~~Z ~- 2 ~ ~ ~ n1 r- - 76 Z~ ' o~.~ ~ii~ Sao ~~~~~ 3~~ We the undersigned support the letter to the City Council dated SeptemberA; 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. N am e Street Address Ci ,State, Zi ode -~ ~ V~-~~e~ `7~~_,~ /~oD ,~/~~/~ver~ifi ~r ~~~/~~$' ~e77~v~ ~ 7G~~ 0 ' ~~~-~ 1,~7G~°1 ~~ ~~ ;: CC c / ~~~ rr,~ ~~ ~ e '~~~ ~ ~~ ~~ ~, ems. ~.. ~ ~.~-~ l`X _ ~, /~/~ /J C/y ) ~ ; ~ ~ ~~t~ ~'~~~~, L ~1155~ S.1 ~~7 c~~z 2..~ ~~~ ~ Z~~: sJ~r^~~ ~,~~7 ~ Cyr~,~5/' ~"'~'~', `~ vit-(.C~ ~~~ ~ r 1 ~ r~- Z e ~i /.ill ~ f , ~1.1!/ii)i1 ~~ .~_o_ _ 3 d°'~' We the undersigned support the letter to the City Council dated September.4; 2007 in support of Senior Center Transportation and signed by John Shrader and Linnie McAdams. Name Street Address Ci ,State, Zi code , ~~~'X 2 ,~~ r'~-~` ~1~,~~~i l /, /~' F~~c.. l~v~=o~ ~~3:? /1/-.la'uS~ /~Fa~ .~ l~ 7Ez07 1, l~~l y~< //<'%i/fi %/,~ %~ i ~ 3 6~C i~?-5 ~IJ'~ . D~i~i~ '~ j~ J~ '~`' 7 ,~,~ S _ ~-z~ ~ ~J ~,.,, ,, ~.._ , i (ilia „~ 1,1 )t'1.' ~ I /~ i X.l/~ sYJll/ v ~~~,<~ ~ //'/inr. ~.r,!!V c'.1-Gf , ~"' ~~ /