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HomeMy WebLinkAboutNovember 6, 2007 Agenda AGENDA CITY OF DENTON CITY COUNCIL November 6, 2007 After determining that a quorum is present, the City Council of the City of Denton, Texas will 4:00 p.m. convene in a Work Session on Tuesday, November 6, 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 November 6, 2007. 2.Receive a report, hold a discussion and give staff direction regarding a proposed resolution to facilitate certification of a Municipal Setting Designation for property located at the southwest corner of Interstate 35 and Highway 380. 3.Receive a report, hold a discussion, and give staff direction concerning a proposed amendment to Sections 26-266 of the Denton Code of Ordinances requiring inspections and maintenance of aerobic On-Site Sanitary Sewer Facilities by certified maintenance companies. 4.Receive a report, hold a discussion, and give staff direction regarding a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant that has been offered to the City of Denton. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1.Closed Meeting: A.DELIBERATIONS REGARDING CERTAIN PUBLIC POWER UTILITIES COMPETITIVE MATTERS - Under Texas Government Code Section 551.086. 1.Receive a report and presentation from Staff regarding issues dealing with the some of the changes of municipally-owned electric utilities because of the Electric Reliability Council of Texas ("ERCOT") mandated Texas Nodal Market; related problems dealing with non-opt-in-entities in transitioning to an appropriate load zone within the ERCOT system; together with related price issues impacting the City of Denton regarding the Texas Nodal Market. Discuss, deliberate, and make recommendations to Staff regarding such issues. (Michael Copeland) B.DELIBERATIONS REGARDING REAL PROPERTY - Under Texas Government Code Section 551.072 and; CONSULTATION WITH THE CITY’S ATTORNEYS - Under Texas Government Code Section 551.071. City of Denton City Council Agenda November 6, 2007 Page 2 1.Discuss, deliberate, consider, receive information from Staff, and provide Staff with direction pertaining to the possible terms of purchase 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, and receipt of legal advice for legal issues related thereto. (Brinker Road Extension Project) (Paul Williamson) C.DELIBERATIONS REGARDING REAL PROPERTY - Under Texas Government Code Section 551.072 and; CONSULTATION WITH THE CITY’S ATTORNEYS - Under Texas Government Code Section 551.071. 1.Discuss, deliberate, consider, receive information from Staff, and provide Staff with direction pertaining to the possible terms of purchase of and valuation issues respecting the possible acquisition of an approximate 1.943 acre tract of real property for a public purpose; which real property lies within the H. Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas, and is located southeast of the intersection of Hickory Street and Exposition Street, and receipt of legal advice for legal issues related thereto. (City Hall East Facilities Plan) (Paul Williamson) D.DELIBERATIONS REGARDING REAL PROPERTY - Under Texas Government Code Section 551.072 and; CONSULTATION WITH THE CITY’S ATTORNEYS - Under Texas Government Code Section 551.071. 1.Discuss, deliberate, consider, receive information from Staff, and provide Staff with direction pertaining to the possible valuation issues respecting the possible disposal, or abandonment of 0.222 acre and 0.044 acre tracts of real property, which real property lies within the W. Loving Survey, Abstract No. 759, City of Denton, Denton County, Texas, and is located at the southern terminus of Pacific Street, and receipt of legal advice for legal issues related thereto, and receipt of legal advice for legal issues related thereto. (Access First Capital Bank) (Paul Williamson) ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda November 6, 2007 Page 3 Regular Meeting of the City of Denton City Council on Tuesday, November 6, 2007 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas flag; I pledge allegiance to thee, Texas, one 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 – T). 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 – T below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A.Consider adoption of an ordinance approving and authorizing the Mayor to execute an interlocal fire protection agreement between the City of Denton and the City of Corinth for fire protection services; and declaring an effective date. B.Consider adoption of an ordinance approving and authorizing the Mayor to execute an interlocal fire protection agreement between the City of Denton and the Argyle Fire Department for fire protection services; and declaring an effective date. C.Consider approval of a resolution of the City Council of the City of Denton authorizing the investment of public funds in the Texas Local Government Investment Pool (TexPool); delegating authority to invest funds and act as custodian of investments purchased with local investment funds to TexPool; providing for the investment of public funds consistent with the Public Funds Investment Act and the City’s Investment Policy; designating authorized representatives; authorizing the Mayor to execute the participation agreement; and providing for an effective date. The Investment Committee recommends approval. City of Denton City Council Agenda November 6, 2007 Page 4 D.Consider adoption of an ordinance of the City of Denton, Texas providing for the Ad Valorem taxation of tangible personal property in transit or "Super Freeport" goods pursuant to Section 11.253 of the Texas Tax Code; providing a severability clause; providing a repealer clause; authorizing the City Manager to forward said ordinance to the Denton Central Appraisal District; and providing for an effective date. E.Consider adoption of an ordinance of the City of Denton, Texas approving change order five for a professional service agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002, extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized for the change order; and providing an effective date. (File 3918-in an amount not to exceed $120,000) The Mobility Committee recommends approval (3-0). F.Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to Lower Colorado River Authority (LCRA) for providing energy transmission services to the City of Denton; and providing an effective date (File 3913–2008 Electrical Energy Transmission Fees–Lower Colorado River Authority in the total amount of $313,270). The Public Utilities Board recommends approval (5-0). G.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of refuse and recycling roll-off containers for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3916–Interlocal Agreement for Recycling and Refuse Roll-Off Containers with H-GAC awarded to Wastequip in the amount of $243,300.66). The Public Utilities Board recommends approval (5- 0). H.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Pecan Creek Water Reclamation Plant Sand Filter Improvements for the City of Denton; providing for the expenditure of funds therefore; and providing an effective date (Bid 3905–Pecan Creek Water Reclamation Plant Sand Filter Improvements awarded to Crescent Constructors, Inc. in the amount of $167,000). The Public Utilities Board recommends approval (5-0). I.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the installation of playground equipment including paving, turf, erosion control and playground components at Lake Forest Park; providing for the expenditure of funds therefore; and providing an effective date (Bid 3817–Playground Equipment at Lake Forest Park awarded to Jones and Jeffery Construction Company, Inc. in the amount of $131,177). City of Denton City Council Agenda November 6, 2007 Page 5 J.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Solutient Geosciences, Inc. for performing all Landfill groundwater monitoring, data review, reporting, and general geological and hydrogeological services regarding the City of Denton, Texas Municipal Solid Waste Landfill in an amount not to exceed $103,948.80; authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date. The Public Utilities Board recommends approval (5-0). K.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of a Seepex Progressive Cavity Cake Pump from Treatment Equipment Company 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 3917–Progressive Cavity Cake Pump for Pecan Creek Water Reclamation Plant in the amount of $179,775). The Public Utilities Board recommends approval (5-0). L.Consider adoption of an ordinance accepting competitive bids and awarding a one-time purchase for overhead pole mounted and underground pad mounted distribution transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3886–One- Time Purchase for Overhead and Underground Distribution Transformers awarded to Wesco Distribution in the amount of $43,544 and TEC Utility in the amount of $676,821 for a total award amount of $720,365). The Public Utilities Board recommends approval (5-0). M.Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington Consulting, LLC, for professional services relating to Task Order No. 07-E, the Non-Opt-In-Entity Load Zone Analysis and studies that are related to the Public Utilities Commission of Texas mandated orders and the Electric Reliability Council of Texas nodal market design; regarding those decisions on issues that affect the ability of Denton Municipal Electric to serve its customers in a cost-effective and competitive manner, and other related professional services; authorizing the expenditure of funds therefor; and providing an effective date (Not to exceed $230,000). The Public Utilities Board recommends approval (5-0). N.Consider adoption of an ordinance of the City of Denton, Texas approving a real estate contract between the City of Denton and ERI - Exposition & Hickory, L.P. relating to the purchase of an approximate 1.125 acre tract being Lot 1, Block 1, Ford Properties Addition, recorded in Cabinet E, Page 242 of the plat records of Denton County, Texas and an approximate 0.818 acre tract of land, both tracts being located in the H. Sisco Survey, Abstract No. 1184, City and County of Denton, Texas, together with improvements, for public use; authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Agenda November 6, 2007 Page 6 O.Consider approval of the minutes of: September 26, 2007 October 1, 2007 P.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Holiday Lighting Association to assist with the cost of the Holiday Lighting Festival and the maintenance and replacement of holiday lights; providing for the expenditure of funds therefor; and providing an effective date. ($1,350) Q.Consider adoption of an ordinance of the city of Denton authorizing the City Manager to execute on behalf of the city of Denton, Texas an advanced funding agreement in the amount of $90,976.95 by and between the City of Denton, Texas and the Texas Department of Transportation (TxDOT) for the construction of a right turn lane in conjunction with the Loop 288 widening project; providing for the expenditure of funds therefor; and declaring an effective date. R.Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton, Texas a “Development Agreement for Spencer Square” in the amount of $90,976.95 by and between the City of Denton, Texas and DBSI Landsowne I. L.P. for the construction of a right turn lane to serve the Spencer Square development in conjunction with the Loop 288 widening project, which agreement transfers all obligations of the advanced funding agreement executed by the city of Denton, of even date herewith, to the developer, DBSI Landsdowne I. L. P.; and declaring an effective date. S.Provide a recommendation to the City Manager on City of Denton representatives to the North Central Texas Council of Governments’ Regional Outer Loop/Rail Bypass Stakeholder Group. (The Mobility Committee recommended 3-0). T.Consider adoption of an ordinance of the City of Denton, Texas, authorizing an agreement for abandoning and vacating those certain street right-of-way tracts of land being approximately 0.222 acre and 0.044 acre respectively and being portions of the right-of-way of Carroll Boulevard and Pacific Street located at the southern terminus of said Pacific Street and at the northeast corner of Carroll Boulevard and Eagle Drive, in the W. Loving Survey, Abstract Number 759 in the City of Denton, Denton County, Texas; providing for easements; providing for a quit claim deed; and providing an effective date. 4.PUBLIC HEARINGS A.Hold a public hearing and consider adoption of an ordinance regarding the rezoning of an approximately 11.125-acre tract of land from a Neighborhood Residential -2 (NR-2) zoning district to a Neighborhood Residential-4 (NR-4) zoning district. The tract of land is located on the east side of Country Club Road, approximately 475 feet south of Regency Court. (Z07-0015, Nelson/Orr A Property) The Planning and Zoning Commission recommends approval (3-1). C SUPERMAJORITY VOTE BY OUNCIL IS REQUIRED FOR APPROVAL DUE TO . PROPERTY OWNER OPPOSITION City of Denton City Council Agenda November 6, 2007 Page 7 B.Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for a Semi-public, Halls, Clubs, and Lodges use which includes a fraternity or sorority house. The site is at the southeast corner of West Oak Street and Miller Street and is located within a Neighborhood Residential 3 (NR-3) zoning district.(S07-0004, Chi Alpha House) The Planning and Zoning AC Commission recommends denial (6-0). SUPERMAJORITY VOTE BY OUNCIL IS . REQUIRED FOR APPROVAL C.Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit to allow a telecommunications tower on property located within a Neighborhood Residential 4 (NR-4) zoning district. The approximately 7.64-acre site is located at the southwest corner of Audra Lane and Lattimore Street. (S06- 0011, T-Mobile Faith Tabernacle Assembly of God) The Planning and Zoning Commission recommends approval (4-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District and declaring an effective date. B.Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. C.Consider adoption of an ordinance on second 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 the annexation proceed as presented (5-0). D.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 0.123 acres of land, contiguous and adjacent to the City of Denton generally located to the northeast of F.M. 2181/ Teasley Lane approximately 200 feet west of Old Alton Road in the southwestern portion of Denton's Extraterritorial Jurisdiction (ETJ). The property is legally described as a tract of land situated in the J Baker Survey, Abstract No. A0047A, Denton County, Texas. The Planning and Zoning Commission recommends the annexation proceed as scheduled (5-0). E.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 1,018 acres of land generally located west of the Elm Fork tributary of the Trinity River, east of Collins Road, and north of US 380. (Exhibit 1)(A07-0005, Clear Creek Natural Heritage Area Annexation) The Planning and Zoning Commission recommends the annexation proceed as presented (5-0). City of Denton City Council Agenda November 6, 2007 Page 8 F.Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing the acceptance of a deed restriction prohibiting the potable use of designated groundwater from beneath property located at the Southwest Corner of Interstate 35 and Highway 380 to facilitate certification of a Municipal Setting Designation (MSD) for the property by the Texas Commission on Environmental Quality; and providing for an effective date. G.Consider adoption of an ordinance amending Article V., entitled "Direct and Indirect Discharge into Sanitary Wastewater System" of Chapter 26 of the Code of Ordinances of the City of Denton, Texas, relating to wastewater utilities by Amending Article IX thereof entitled “On-Site Sewage Facilities,” Division 1, Section 26-266; regarding the local rules adopted by the city of Denton regarding on-site sewage facilities, to include adding section 26-266(7)a., inclusive; providing for a penalty not to exceed $2,000 for violations thereof; providing that a penalty shall be recoverable for each day a provision of this ordinance is violated, and each such violation shall be a separate offense; providing for a civil fine of not to exceed $1,000 per day for violations of this ordinance, together with other designated legal and equitable remedies that are available to the city; providing for a severability clause; providing for a savings clause, repealing all ordinances in conflict herewith; providing an open meetings clause; providing for the submission of this ordinance which has been considered but not approved by the City Council to the Texas Commission on Environmental Quality; providing for City Council approval thereof; providing for publication thereof; providing an effective date.(The Public Utilities Board recommends approval 5-0 H.Consider approval of a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant that has been offered to the City of Denton.The Public Utilities Board recommends approval (5-0). I.Consider nominations/appointments to the City’s Boards and Commissions. J.Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: A.Bill Thomas regarding additional parking in the downtown area and the presentation of a petition regarding the old fire station and City Hall West. B.Ginger Ester regarding issues for the Council Code Enforcement Committee to consider and concerns regarding city procedures for access to information and accomplishing solutions to issues. K.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. City of Denton City Council Agenda November 6, 2007 Page 9 L.City Manager’s Report M.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. N.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: November 6, 2007 DEPARTMENT: Utilities ACM: Howard Martin, 349-8202 ________________________________________________________________________ SUBJECT Receive a report, hold a discussion, and give staff direction regarding a proposed resolution to facilitate certification of a Municipal Setting Designation for property located at the southwest corner of Interstate 35 and Highway 380 . BACKGROUND th In 2003, the 78 Texas Legislature passed a Municipal Setting Designation (MSD) law concerning requirements for removing contaminants from groundwater. The law authorizes the Texas Commission on Environmental Quality (TCEQ) to receive, process, and certify MSD applications for properties with contaminated groundwater that are located within the corporate limits or extraterritorial jurisdiction of municipalities. However, the TCEQ will only certify MSD applications if there is municipal support, which is typically demonstrated through a municipal resolution or ordinance. The MSD law provides a new alternative for persons who wish to voluntarily address groundwater contamination. In effect, the MSD law sets conditions for MSD properties that limit the requirements for contaminated groundwater to be remediated to potable water standards. MSDs are applicable in cases where the designated groundwater is not currently used for potable water and will likely not be used for potable purposes in the future. The MSD ensures groundwater exposures will be minimized by establishing restrictive conditions that specifically prohibit the future uses of designated groundwater for potable purposes. This prohibition must be in the form of a resolution or ordinance that is enforceable by the City. The resolution or ordinance, in turn, requires establishment of a deed restriction prohibiting the use of the designated groundwater for potable purposes, and specifies that this deed restriction must be filed in the County property records of the site. The purpose of the MSD law is to provide a less expensive and faster alternative to existing state environmental regulations concerning groundwater. In general, the MSD law recognizes that in some locations, no one is using groundwater as a potable water source in the vicinity of a contaminated groundwater zone. The law further recognizes that use of the designated groundwater as a future potable source is unlikely because a public supply that relies on another source of water is available. In such cases, a prohibition is placed on the designated groundwater beneath the MSD property to prevent the use of the contaminated groundwater. The MSD thus ensures that public health is protected by establishing a legal mechanism that eliminates the possibility of the designated groundwater being used for potable purposes. It is important to note that all the MSD accomplishes is the establishment of a deed restriction that designates groundwater at the site as non-potable, which facilitates removal of the requirement to evaluate certain types of groundwater exposure pathways. To understand what this means within a regulatory context requires a brief summary of the State’s approach to cleanup for these kinds of sites. In general terms (realizing that this is a highly complex series of regulations), State cleanup “standards” are based on the concept of Protective Concentration Levels (PCLs) for an appropriate exposure pathway. In cases where groundwater is present and is thought to be contaminated, the State usually requires the cleanup “standard” to include groundwater PCLs because of the notion that someone might use this groundwater for potable purposes at some time in the future. These types of groundwater PCLs tend to be the most restrictive PCLs (require the lowest cleanup standards) because they are based on the exposure pathway of consuming the groundwater repeatedly over long periods of time. The MSD, however, offers a process to recognize that the groundwater exposure pathway might not be appropriate in circumstances where the groundwater is unlikely to be developed for potable purposes due to naturally poor water quality, low yield potential, or in situations where water from a municipal supply is readily available. In other words, by using a restrictive mechanism to ensure that the groundwater will not be used for potable purposes, the TCEQ can remove the requirement for certain groundwater cleanup standards and apply the next most stringent standards applicable to the site in question. State Regulatory Requirements and MSDs As mentioned, the MSD in effect allows the site owner to remediate to the most appropriate human health and ecological exposure pathways, since the designated groundwater will not be used for potable purposes at the site. However, in terms of overall site cleanup, the MSD itself does not offer a mechanism to obtain a closure letter for the site from the TCEQ. The only way for this particular property owner / site to obtain a closure letter from the TCEQ is to meet all the requirements of the TCEQ’s Voluntary Cleanup Program (VCP). Meeting all the requirements of the VCP within a “non-MSD” situation would require that all constituents in all environmental media meet applicable PCLs. With a MSD, the applicant no longer has to meet the Groundwater Ingestion PCLs or Groundwater Protection PCLs (for soil / groundwater interaction). However, the site still must meet the next appropriate (and most stringent) exposure PCLs, which would probably be Inhalation of Volatiles from Groundwater and/or the lower of either the Total Soil Combined PCL (includes inhalation; ingestion; dermal; vegetable consumption pathways) or Inhalation of Volatiles transferred from Soil to Air. It is important to note that the MSD program does not require, as a specific condition of the MSD, that the applicant go through a VCP. In other words, the MSD program and other site remediation programs are not necessarily "linked" and therefore there are no specific "requirements" (through the MSD process itself) that soils must be remediated to a particular PCL. However, the resolution being proposed for this specific MSD does state that the site owner must “diligently pursue and obtain TCEQ closure documentation for the MSD Property” and that “failure to do so shall render the resolution voidable by the City Council following 30 day’s written notice to the TCEQ and the Applicant”. In other words, if the VCP is not pursued and the site is not “closed” by the TCEQ through the VCP process, the MSD can be voided by the City of Denton. Because of the nature of the contamination at the site (municipal solid waste), this site will also be required to obtain a TCEQ “Subchapter T Permit” (from Texas Administrative Code, Chapter 330, Subchapter T) in addition to the MSD Certification and VCP Certificate of Completion, if the applicant intends to develop any enclosed structures over the area containing solid wastes. In summary, in order for the site to obtain a VCP Certificate of Completion, which is required as a condition of the resolution and is required in order to release all environmental liabilities of the site, all constituents in all media will have to meet applicable PCLs for a site with a MSD. If any contaminant exceeds any applicable PCL(s), then the owner will have to continue to remediate the site until the PCLs are met, or a Certificate of Completion and closure document will not be issued by the TCEQ. The TCEQ will evaluate both human health and ecological endpoints during this process. State (TCEQ) and Local Enforcement In terms of enforcement, the TCEQ has numerous tools available. The most expedient and arguably most onerous tool is to simply revoke the MSD upon notice of a violation. If the MSD is revoked, the applicant would immediately be required to remediate the groundwater to the appropriate groundwater PCL, which would be very expensive. The City also has the ability to request the TCEQ to revoke the MSD, which would have the same end effect. If the applicant does not remediate the groundwater upon revocation of the MSD, the TCEQ can impose penalties and can enter litigation against the applicant. In addition to the ability to revoke support for the MSD, the City of Denton also has the ability to ensure local enforcement through existing water well drilling regulations. The Denton Development Code, Subchapter 21, Section 11, part 3 entitled “Individual Water Wells” specifically addresses the requirements for drilling water wells for individual use. To drill a well for individual use, the applicant must obtain a water well permit from the Director of Water Utilities. The permit requires an application, and the code states that the application process may require the owner to conduct water quality tests that are deemed necessary by the Director, as well as meeting all applicable State requirements. Subchapter 21, Section 11, part 4 discusses requirements for a private water well that will supply more than a single family. These wells carry all of the requirements of an individual well, plus several more stringent requirements including “certified evidence from a registered professional engineer that the system will meet all City, State, and federal health and water quality standards”. Failure to comply with these provisions subjects the responsible party to the “Enforcement and Penalties” requirements as specified in Subchapter 1, Section 10, part 4 of the Denton Development Code. Based on the numerous enforcement tools available at both the State and local level, it is staff’s opinion that the proposed resolution, as supported by the existing regulatory mechanisms outlined above, will provide sufficient regulation to ensure protection of public health and the environment. Influence on surrounding property The issue of a MSD having an influence on surrounding property is a key consideration. It is important to note that the restrictions for potable water use that are imposed as a part of a MSD are only pertinent to the groundwater that is designated within the MSD. For this particular property, this means that only the shallow ground water that is deemed potentially contaminated and is designated through the MSD will be subjected to any restrictions. As presented to the Council in the 10-02-07 work session, the groundwater in question is a shallow aquifer that is approximately 10-12 feet deep in a formation that is approximately 13-25 feet below ground level and that has an underlying layer of impermeable rock. If a person installed a well on a surrounding property, it is almost certain that the well would be at least 500-600 feet deep in order to penetrate into the known quality aquifers in this area. According to the MSD regulation, the surrounding property owner can install a well that accesses groundwater that is not “designated” by the MSD and can use that water for appropriate purposes, including potable water, as long as all other regulatory requirements are met. During the review process, the TCEQ will determine if delineation of potential groundwater contamination is required. This evaluation will consider both ecological factors and a “receptor survey” for adjacent properties. Generally, delineation of the extent of groundwater contamination will not be required unless an applicable PCL is exceeded. Advantages to the City From an environmental perspective, the MSD accomplishes two positive goals for the City. First, the MSD provides a mechanism to ensure that the designated groundwater will not ever be used for potable purposes. Such a mechanism currently does not exist for this site. Second, the establishment of the MSD ensures that the applicant will remediate the site as needed through the TCEQ VCP, and that all PCLs except those associated with potable groundwater will be the “standards” used to determine if the site has been remediated. The site will then be required to go through the TCEQ Certification of Completion / Closure process, which means that the site is rendered protective of human health and the environment according to standards established in the Texas Risk Reduction Program (TRRP), specifically the cleanup responsibilities as outlined in 30 TAC 350.31. It is important to note that 30 TAC 350.31 requires that an applicant to demonstrate that the remediation “permanently and irreversibly destroys or extracts contaminants of concern in a waste or environmental medium to concentration levels below the critical PCLs”. The applicant is also required to demonstrate that “any residue remaining after treatment will not pose a threat of a future release of contaminants of concern into environmental media at concentration levels greater than the critical PCLs”. Summary Without a MSD, groundwater PCLs will have to be met for this site. If meeting groundwater PCLs is required, it is much less likely that the property will be developed or that any remediation will occur. If remediation does not occur, it perpetuates the situation we have currently, which is a property with some evidence of contamination and no restrictions on potable water use, restrictions for exposure to potentially contaminated soils, or plans for cleanup. In short, the MSD offers the City of Denton a mechanism to facilitate development of a contaminated property and ensure, as a condition of that development, that the property is remediated to a standard that makes sense for the site. The MSD also provides a restrictive mechanism that will be put in place to ensure that potable uses of the groundwater will not occur. The applicant, Standridge Companies, is seeking approval of a resolution (Exhibit 2) that establishes the terms and conditions of a MSD for the property located at the southwest corner of Interstate 35 and US Highway 380 (Exhibit 1).This resolution indicates the City of Denton’s support of the MSD, and is required for the MSD to be certified by the TCEQ. The resolution sets forth the conditions of the designation, including the applicant’s requirements to establish the appropriate deed restrictions for the property, and will be used by the applicant as evidence of municipal support when the applicant seeks the MSD from the TCEQ. OPTIONS 1. Support the resolution 2. Modify the resolution 3. Do not support the resolution RECOMMENDATION Staff recommends Option 1, support of the current resolution PRIOR ACTION/REVIEW (Council, Boards, Commissions) This issue was presented during the October 2, 2007 City Council work session. EXHIBITS 1. Property map 2. MSD Resolution 3. Presentation Respectfully prepared and submitted: ____________________________ Kenneth Banks, Manager Division of Environmental Quality EXHIBIT 1 EXHIBIT 2 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Water Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion, and give staff direction concerning a proposed amendment to Sections 26-266 of the Denton Code of Ordinances requiring inspections and maintenance of aerobic On-Site Sanitary Sewer Facilities by certified maintenance companies. BACKGROUND During the last Texas legislative session, the adoption of House Bill 2482 caused substantial changes in the inspection and maintenance regulations for On-Site Sanitary Sewer Facilities (OSSFs). These changes went into effect on September 1, 2007. Prior to these changes, owners of these systems statewide were required to have a certified maintenance company perform maintenance and inspection on a regular basis. Under the new provisions, homeowners are now allowed to maintain their own aerobic sewage treatment systems (with no training), after expiration of the maintenance contract that is required upon installation. In addition, the provisions of HB 2482 specifically state that homeowners are not required to submit maintenance and testing reports to the state or local regulatory authorities. If a violation is reported, however, homeowners must correct the problem. If violations are not corrected within 10 days of receipt of a Notice of Violation, a mandatory maintenance contract can be required by the State. The Texas Commission on Environmental Quality allows more stringent local regulation of OSSFs if the local regulatory agency deems that more stringent regulations are warranted. In response to this legislative changes promulgated by HB 2482, staff is proposing to modify Denton’s existing code of ordinances to specifically prohibit homeowner inspection and maintenance of aerobic treatment systems and to maintain the previous requirement of inspection and maintenance by registered professionals. It is important to note that this modification to Denton’s local ordinances was not necessary before the adoption of HB 2482 because the State mandated professional inspection and maintenance for all of these systems statewide. While the less stringent regulatory requirements enacted by HB 2482 may be appropriate for other areas of the State, the density and proximity of OSSFs within the City of Denton requires special consideration. Currently, Denton has approximately 191 of these systems within the City limits. However, complaints and enforcement historically have been low compared to the number of systems in the City. For example, from 2002-2006 there were 23 OSSF complaints filed and investigated. On average, a complaint takes at least 2 or 3 site inspections to ensure compliance, and requires additional time to determine property ownership, contact information and related activities. Odor complaints have also been low, with a total of 4 since 2002. All odor complaints received in the City have originated from systems located in the Hills of Argyle. Since 2002 there have been 50 charges filed by the City of Denton for various violations of OSSF regulations, resulting in 8 trials. To date, the Division of Environmental Quality has not had to spend a great deal of time and effort on OSSF complaints, enforcement, and municipal court trials. However, it is staff’s opinion that HB 2482 has the potential to increase OSSF complaints and enforcement actions. Improperly maintained OSSFs can malfunction, which can cause a host of problems ranging from relatively minor issues such as odors and nuisances to serious threats to public health and the environment. Therefore, in order to provide greater protection of public health and the environment and to reduce the occurrences of malfunctioning aerobic treatment systems, staff proposes the following ordinance amendment to Section 26-266 of Denton’s existing code of ordinances. 7. AEROBIC SYSTEM MAINTENANCE (a.) The owner of a single-family residence using an aerobic treatment system shall maintain the system through a maintenance contract and with a maintenance company that complies with rules and standards promulgated by the Texas Commission on Environmental Quality or its successor agency. It is staff’s opinion that this modification of Denton’s existing ordinance will ensure that aerobic systems are maintained by trained and certified professionals, as well as ensuring that system maintenance reports are provided to the City’s designated representative. The City of Denton has many aerobic systems installed in sub-divisions on lots that are 1 acre or smaller. Because of the density and close proximity of these systems, nuisance conditions, public health concerns, and adverse impacts to the City’s watersheds and surface water resources are likely if these systems fail. These concerns have the potential to extend well beyond the property boundaries of the owner of the failing system. The City of Denton is required to obtain Texas Commission on Environmental Quality (TCEQ) approval of the proposed changes to the local ordinance, conduct a public meeting, and then pass a resolution of the City Council to adopt the proposed changes within Denton’s existing code of ordinances. Staff recently obtained TCEQ approval of the proposed ordinance changes, and th conducted a public meeting on October 12, 2007, 6:00 p.m., at the Denton Central Fire Station. A notice of this meeting will be published in the Denton Record Chronicle by Friday, October th 5, 2007. OPTIONS 1.Modify Section 26-266 to require owners of a single-family residence using an aerobic treatment system to maintain the system through a maintenance contract and with a maintenance company that complies with rules and standards promulgated by the TCEQ or its successor agency. 2.Modify the language of the staff’s proposed change to Section 26-266 3.Maintain Section 26-266 in its current form without modification RECOMMENDATION Staff recommends Option 1, modification of the Denton Code of Ordinances, Section 26-266, as proposed. PRIOR ACTION/REVIEW (Council, Boards, Commissions) th This item was presented to the Public Utilities Board at their October 27, 2007 regular meeting. EXHIBITS 1. Presentation Respectfully prepared and submitted, Kenneth Banks. Manager, Division of Environmental Quality AGENDA INFORMATION SHEET AGENDA DATE : November 6, 2007 DEPARTMENT Utility Administration ACM: Howard Martin, 349-8232 SUBJECT Receive a report, hold a discussion, and give staff direction regarding a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant that has been tentativelyoffered to the City of Denton. BACKGROUND The City of Denton's Watershed Protection Program submitted a Notice of Interest requesting Hazard mitigation funds as a result of Federal Disaster Declaration DR-1709 (Severe Storms, Tornadoes, and Flooding), which impaired Denton and multiple other counties across Texas from June 16, 2007 through August 3, 2007. The proposed mitigation project is to upgrade our high-water warning system and to increase its coverage to overcome changes arising from increased development and population growth. The system will provide real-time rainfall and stream height information in Denton and in the surrounding watershed via a radio-telemetered Supervisory Control and Data Acquisition (SCADA) System and will be made available to the general public via the internet on the Environmental Website run by the University of North Texas (www.ecoplex.unt.edu). This information will also be sent to the National Weather Service Flood Forecasting Office to aid in calibrating of their flood models for the area. If approved for funding, this would mitigate the impacts of injury and loss of life of our citizenry and residents of surrounding areas during future severe weather events. This project is listed as one of our mitigation goals for the City of Denton, which is part of the North Central Texas Council of Government’s Regional Hazard Mitigation Plan currently under review by GDEM and FEMA officials. As noted in the Hazard Mitigation Grant Program (HGMP) Fact Sheet, initiative projects such as enhanced warning capabilities are allowable items for funding. The original High Water Monitoring system for the City of Denton was installed in 1998. Minor maintenance has occurred on the existing system over the following 9 years. The current system is run on an obsolete computer platform. The current monitoring infrastructure in the field is also in need of replacement. Also as a result of this grant monitoring equipment would be installed in currently unmonitored locations in the rapidly developing western portion of Denton. The upgrade will include the upgrade of the existing SCADA system to a robust maintained platform and reduce organizational redundancy by integrating the system with the current Wastewater Treatment Plant SCADA. The upgrade will also include the installation of 10 additional rain gauges and the upgrade of the existing stream gauges from pressure gauges to sonic sensors at the intersection Cooper Creek and Mayhill Road and at the intersection of Highway 156 South of Krum and Hickory Creek. OPTIONS 1. Pursue the current grant. 2. Do not pursue the current grant RECOMMENDATIONS Staff recommends Option 1, continuing to pursue the grant. FISCAL INFORMATION The total cost of the grant as proposed is $89,000. The federal contribution is up to but not exceeding 75 percent, which means that the City of Denton would be responsible for 25% or approximately $22,250. The Watershed Protection Division had originally budgeted $25,000 for the upgrade of the existing system and two of the remote monitoring stations. Currently the local match is included in the FY 2008 budget and will require no budget reorganization to fulfill the requirements of the grant. EXHIBITS 1. Presentation Respectfully submitted: Jim Coulter Director of Water Utilities AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Fire Department ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and the City of Corinth for Fire Protection Services; and declaring an effective date. BACKGROUND Historically, the fire service has recognized that no fire department is fully capable of extinguishing major fires and other emergencies without organized mutual aid agreements to share resources through Interlocal Cooperation Agreements with its neighbors. For many years the City of Denton Fire Department and neighboring fire agencies have shared resources, but have done so informally. The proposed Interlocal Cooperation Agreement formalizes the sharing of fire protection and emergency medical response resources between the City of Denton and the City of Corinth. This interlocal agreement will provide each fire agency with additional resources should a fire, medical emergency, or disaster occur in those areas. The proposed agreement directly benefits the City of Denton and the City of Corinth. with the review and comment of the draft agreement in 2007 and his comments were ultimately drafted into the final document. The City of Denton and the City of Corinth enter into this Interlocal Cooperative Agreement, under the authority and subject to the provisions of Texas Government Code, Chapter 791, The Interlocal Cooperation Act, to facilitate the response of certain assets and resources that could effectively serve the fire and emergency medical needs of certain areas of the City of The City of Corinth has approved the Interlocal Cooperation Agreement.  FISCAL INFORMATION This ordinance will enable the City to receive fire protection resources from the City of Corinth and also provide fire protection resources to the City of Corinth when requested. In some extreme cases, costs other than ordinary costs incurred in the performance of the 1 agreement could be charged as a reimbursement to or by either jurisdiction. However, any EXHIBITS Proposed Ordinance Interjurisdictional Agreement Prepared By: ____________________________ Mark Klingele Deputy Fire Chief Respectfully Submitted: ____________________________ Ross Chadwick Fire Chief 2 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Fire Department ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and the City of Argyle for Fire Protection Services; and declaring an effective date. BACKGROUND Historically, the fire service has recognized that no fire department is fully capable of extinguishing major fires and other emergencies without organized mutual aid agreements to share resources through Interlocal Cooperation Agreements with its neighbors. For many years the City of Denton Fire Department and neighboring fire agencies have shared resources, but have done so informally. The proposed Interlocal Cooperation Agreement formalizes the sharing of fire protection and emergency medical response resources between the City of Denton and the Argyle Fire District. This interlocal agreement will provide each fire agency with additional resources should a fire, medical emergency, or disaster occur in those areas. The proposed agreement directly benefits the City of Denton and the Argyle Fire District. olved with the review and comment of the draft agreement in 2007 and his comments were ultimately drafted into the final document. The City of Denton and the Argyle Fire District enter into this Interlocal Cooperative Agreement, under the authority and subject to the provisions of Texas Government Code, Chapter 791, The Interlocal Cooperation Act, to facilitate the response of certain assets and resources that could effectively serve the fire and emergency medical needs of certain areas of the City of DentArgyle Fire District jurisdiction The Argyle Fire District has approved the Interlocal Cooperation Agreement. FISCAL INFORMATION This ordinance will enable the City to receive fire protection resources from the Argyle Fire District and also provide fire protection resources to the Argyle Fire District when requested. In some extreme cases, costs other than ordinary costs incurred in the performance of the 1 agreement could be charged as a reimbursement to or by either jurisdiction. However, any EXHIBITS Proposed Ordinance Interjurisdictional Agreement Prepared By: ____________________________ Mark Klingele Deputy Fire Chief Respectfully Submitted: ____________________________ Ross Chadwick Fire Chief 2 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a resolution of the City Council of the City of Denton authorizing the investment of public funds in the Texas Local Government Investment Pool purchased with local investment funds to TexPool; Providing for the investment of public funds consistent with the Public Funds Investment Act and Designating authorized representatives; Authorizing the Mayor to execute the participation agreement; and Providing for an effective date. BACKGROUND Organized in 1989, TexPool is the largest and oldest local government investment pool in the State of Texas. The pool currently has investments totaling $16 billion and provides investment services to over 1,700 communities throughout Texas, including the cities of Plano, Frisco, Dallas, Carrollton, Garland, Irving, Arlington and Grand Prairie. The State Comptroller of Public Accounts oversees TexPool. Lehman Brothers and Federated Investors manage the daily operations of the pool under contract with the Comptroller. Lehman Brothers is the administrator for the TexPool program providing participant services and marketing functions to TexPool participants. Federated Investors is the investment manager for TexPool. TexPool is managed conservatively to provide a safe, efficient, and liquid investment alternative to Texas governments. The pool seeks to maintain a $1.00 value per share as required by the Texas Public Funds Investment Act. TexPool investments consist exclusively of U.S. Government securities, repurchase agreements collateralized by U.S. Government securities, and AAA-rated no-load money market mutual funds. TexPool is pool can achieve. After comparing TexPool to our current Federated money market account, staff has determined that TexPool is virtually identical in all respects with the exception of yield. The yield for TexPool is approximately 15 basis points over our current money market account due to a higher fee structure associated with Federated. Since TexPool offers a higher rate of return for the same level of risk, staff recommends approval of a resolution authorizing the City to invest in TexPool. Agenda Information Sheet November 6, 2007 Page 2 RECOMMENDATIONS Staff recommends approval of the resolution. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On September 19, 2007, Investment Committee discussed and gave staff direction to move forward with a resolution to the City Council for investment of public funds with TexPool. (5-0) FISCAL INFORMATION money market account by 15 basis points. On an average $30 million balance, this increased yield will generate approximately $45,000 in additional interest income. EXHIBITS Resolution TexPool Participation Agreement. Respectfully Submitted By: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for the Ad Valorem taxation of tangible personal property in transit pursuant to Section 11.253 of the Texas Tax Code; providing a severability clause; providing a repealer clause; authorizing the City Manager to forward said ordinance to the Denton Central Appraisal District; and providing for an effective date. BACKGROUND Currently, the City of Denton provides an ad valorem tax exemption to goods that are stored in the city for less than 175 days provided they will be eventually shipped out of the state. This process is commonly referred to as a Freeport Exemption. This values. This is equivalent to approximately $1.15 million a year in property tax revenue for the City. In the 2007 session, the Texas Legislature passed House Bill 621 (HB 621). This shipped to other locations within the state. The legislation will become effective January 1, 2008, unless the City conducts a public hearing and passes an ordinance opting out of the legislation. Staff will continue to monitor our overall economic development position and the implementation of this legislation by area communities. If competitive circumstances dictate such an action, the City can grant the ad valorem tax exemption at any time in the future. RECOMMENDATIONS Staff recommends approval of the ordinance and approval to forward the ordinance to the Denton Central Appraisal District. Agenda Information Sheet November 6, 2007 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On September 19, 2007, /Finance Committee discussed and gave staff direction to move forward with an ordinance to the City Council for the taxation of tangible personal property in transit. (3-0) On October 16, 2007, the City held a public hearing to receive comments from the public. FISCAL INFORMATION appraised taxable values by a minimum of $45 million. This is equivalent to approximately $300,000 a year in property tax revenue for the City. EXHIBITS John England Letter Perdue, Brandon, Fielder, Collins & Mott Letter Ordinance Respectfully Submitted By: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mark Nelson 349-7702 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving change order five and amendment to a professional services agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002, extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized for the change order; and providing an effective date. (File 3918-in an amount not to exceed $120,000) (The Mobility Committee approved this item by a vote of 3-0.) BACKGROUND The original Professional Services Agreement approved by Council on March 5, 2002, provides for the identification, development and implementation of major transportation and infrastructure projects including critical timelines for each identified project. The following is a summary of the change orders associated with this contract and the services provided by Innovative Transportation Solutions, Inc. (ITS) as a result of the change orders. Change Order One (March 2, 2004) continued this service through September 30, 2004 and added support services for our Regional Mobility Coordinator. Change Order Two (October 5, 2004) extended the contract through September 30, 2005. Change Order Three (October 18, 2005) extended the contract through September 30, 2006. Change Order Four (September 26, 2006) extended the contract through September 30, 2007. This contract has supported our regional transportation efforts as summarized below: Advocated and represented City of Denton Transportation needs associated with regional toll road issues surrounding State Highway 121 through the North Central Texas Council of Governments (NCTCOG). ITS has provided substantial efforts in assisting with crafting regional toll policies that should greatly enhance transportation infrastructure in our community once State Highway121 toll revenue becomes available. Agenda Information Sheet November 6, 2007 Page 2 BACKGROUND (CONTINUED) Assisted City staff with the development and submission of roadway projects for the gional Toll Revenue Initiative. ITS has also supported City of Denton planning efforts related to the western extension of Loop 288, coordination of planning activities for FM 2499 and securing TxDOT commitment to enhance I-35E to US 380 as part of the I-35E project. ITS continues to coordinate efforts with the County Bond Program that has a majority of funds dedicated to transportation. The continued use of ITS services is integral to the development of future transportation infrastructure for the City of Denton, and will almost certainly result in an overall savings of tax dollars above and beyond the expenditure for these services. PRIOR ACTION/REVIEW Council approved the original contract for professional services on March 5, 2002, Ordinance No. 2002-062 in the amount of $70,000. Council approved Change Order One in the amount of $117,000 on March 2, 2004. Council approved Change Order Two in the Amount of $120,000 on October 5, 2004. Council approved Change Order Three in the amount of $120,000 on October 18, 2005. Council approved Change Order Four in the amount of $120,000 on September 26, 2006. The Mobility Committee approved Change Order Five at its October 30, 2007 meeting. RECOMMENDATION Award Change Order Five to the Innovative Transportation Solutions, Inc. contract in the amount of $10,000 per month for an annual amount of $120,000. PRINCIPAL PLACE OF BUSINESS Innovative Transportation Solutions, Inc. Farmers Branch, TX ESTIMATED SCHEDULE OF PROJECT This change order authorizes services to be performed through September 30, 2008. Agenda Information Sheet November 6, 2007 Page 3 FISCAL INFORMATION Change Order Five will provide payment in the amount of $10,000 monthly for an annual contract amount of $120,000. Change Order Five brings the contract total to an amount not to exceed $667,000. Funds have been budgeted for this contract in the FY 2007-2008 Transportation Operations account 350000.7854. EXHIBITS Ordinance No. 2002-062 (Professional Services Agreement) Ordinance for Change Order Five Change Order Five and Amendment to Professional Services Agreement Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Prepared by: Mark Nelson Chief Transportation Officer EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 DRAFT MINUTES 1 City Council Mobility Committee 2 Tuesday, October 30, 2007 3 4 5 After determining that a quorum of the Mobility Committee of the Denton City Council was 6 present, the Chair of the Committee on the Mobility convened into a meeting on Tuesday, 7 October 30, 2007 at 2:00 p.m. in the City Council work session room, 215 E. McKinney Street, 8 Denton, Texas. 9 10 Present: Chair Pete Kamp, Mayor Perry McNeill, and Council Member Bob Montgomery 11 12 Also Present : George C. Campbell, City Manager 13 Howard Martin, ACM Utilities 14 Jim Coulter, Director Water Wastewater Utilities 15 Mark Nelson, Transportation Director 16 Frank Payne, City Engineer 17 Bud Vokoun, Traffic Engineer 18 Johnna Matthews, Assistant Planner 19 Ann Forsythe, Boards and Committees Coordinator 20 John Polster, ITS 21 Sparky 22 Brian Shamburger, Kimley-Horn and Associates, Inc. 23 Jeremy Sain, Kimley-Horn and Associates, Inc. 24 25 6) Consider a recommendation to the Denton City Council of an ordinance of the City of 26 Denton, Texas approving change order five for a professional service agreement between the 27 City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002 28 extending said agreement, and authorizing and ratifying the expenditure of funds for work to 29 be performed; authorizing the City Manager or his designee to execute the change order on 30 behalf of the City and expend funds authorized for the change order; and providing for an 31 effective date. 32 33 Mark Nelson presented stating this is an extension of an existing contract that was approved in 34 2002. Nelson also noted that there has not been a price increase in the past several years. Nelson 35 also stated that last year John was instrumental in obtaining funding through County 36 Commissioner Carter with the majority of those funds dedicated to transportation. 37 38 and that John has been very instrumental in 39 working with NCTCOG, and has attended a tremendous amount of meetings which she and 40 Mark could not attend or were not a part of. 41 42 Chair Kamp motioned to recommend to Council approval of Change Order Five with a 43 second from Council Member Montgomery. The motion as approved by a 3-0 vote. 44 45 The meeting was adjourned by consensus at 4:00 p.m. 46 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to Lower Colorado River Authority (LCRA) for providing energy transmission services to the City of Denton; and providing an effective date (File 3913-2008 Electrical Energy Transmission Fees Lower Colorado River Authority in the total amount of $313,270). (The Public Utilities Board approved this item by a vote of 5-0). FILE INFORMATION The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new, statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal utilities under the jurisdiction of Public Utility Commission of Texas (PUCT) for matters related to transmission. As a result, the Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific amounts. The issuance of a purchase order provides the City of Denton the authority required by the City Charter to make those payments. The approval of this purchase will encumber funds estimated as costs for services through March 2008. No funds will actually be spent until invoices are received, reviewed, and approved. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its October 22, 2007 meeting. RECOMMENDATION Approve the payment of transmission fees to the Lower Colorado River Authority in the amount of $313,270. PRINCIPAL PLACE OF BUSINESS Lower Colorado River Authority Austin, Texas Agenda Information Sheet November 6, 2007 Page 2 ESTIMATED SCHEDULE OF PROJECT The approval of this purchase will encumber funds estimated as costs for services through March 2008. FISCAL INFORMATION Funds to meet these regulatory fee obligations were budgeted in 2007-2008 budget account 600400.6072. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO LOWER COLORADO RIVER AUTHORITY (LCRA) FOR PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3913-2008 ELECTRICAL ENERGY TRANSMISSION FEESLOWER COLORADO RIVER AUTHORITY IN THE TOTAL AMOUNT OF $313,270). WHEREAS, in order to comply with the legislative requirements contained in the Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to ten listed utilities WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The expenditure of funds in the amount of $313,270 to be paid to the Listed Utility this ordinance for all purposes, is hereby authorized. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ________ day of ____________________, 2007. _______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:__________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY  BY: _________________________________ 3-ORD-FILE 3913   Lower Colorado River Authority $313,270   1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 22, 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 Opening Meeting on Monday, 7 October 22, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton. 9 Present 10 : Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines and Bill Grubbs 11 Absent 12 : Phil Gallivan and Randy Robinson, excused 13 14 Ex Officio Members: 15 George C. Campbell, City Manager, excused 16 Howard Martin, ACM Utilities, excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 1) Recommend adoption of an ordinance authorizing the City Manager to execute an oil and gas 25 lease regarding city-owned real property with Endeavor Energy Resources, LLC as Lessee 26 for a tract of approximately 58.42 acres of land located in the M. Austin Survey, Abstract No. 27 4, City of Denton, Denton County, Texas." 28 29 2) Consider recommending approval of the prices in Bid No. 3886 and awarding a one-time 30 purchase for overhead pole-mounted and underground pad-mounted distribution transformers 31 to Wesco Distribution, located in Haltom City, Texas in the expenditure amount of $43,544; 32 and to TEC Utility, located in Decatur, Texas in the expenditure amount of $676,821. 33 34 3) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing 35 the expenditure of funds for payments by the City of Denton for electrical energy 36 transmission fees to Lower Colorado River Authority (LCRA) for providing energy 37 transmission services to the City of Denton; and providing an effective date (File 3913-2008 38 Electrical Energy Transmission Fees Lower Colorado River Authority in the total amount 39 of $313,270). 40 41 4) Consider recommending approval of the purchase of refuse and recycling roll-off containers 42 through an Interlocal Agreement with the Houston-Galveston Area Council of Governments 43 (HGAC) statewide cooperative purchasing program in an amount not to exceed $243,300.66. 44 45 5) Consider recommending approval of the purchase of the Seepex Progressive Cavity Cake 46 Pump and Installation Services from Treatment Equipment Company, Dallas for the amount 47 of $179,775. 48 Draft Minutes of the Public Utilities Board Meeting October 22, 2007 2 of 2 1 6) Consider recommending approval of the Bid No. 3905 for the Pecan Creek Water 2 Reclamation Plant Sand Filter Improvements project to the low bidder Crescent Constructors, 3 Inc. in an amount not to exceed $167,000. 4 5 7) Consider recommending approval of a Professional Services Agreement with Solutient 6 GeoSciences, Inc., Tyler, Texas for hydro geological and analytical services regarding the 7 City's landfill (MSW Permit No. 1590A), in an amount not to exceed $103,948.80. 8 Board Member Bill Cheek moved to approve with a second from Board Member Dick 9 Smith. The motion was approved by a 5-0 vote. 10 11 12 The meeting was adjourned by consensus at 10:48 a.m. 13 14 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler at 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 with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of refuse and recycling roll-off containers for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3916-Interlocal Agreement for Recycling and Refuse Roll-Off Containers with H-GAC awarded to Wastequip in the amount of $243,300.66). (The Public Utilities Board approved this item by a vote of 5-0). FILE INFORMATION The Solid Waste Department purchases commercial containers as needed to service commercial operations and the projected commercial business growth within the community. The Solid -off container purchase occurred in September 2006. Additional roll-off containers are needed for normal customer growth and for several planned major projects, including Rayzor Ranchboth north and south of Highway 380, Unicorn Lake, and the University of North Texas. Planned commercial construction for several major projects has also been proposed using the Leadership in Energy and Environmental Design (LEED) construction criteria. The LEED construction criteria were building construction meeting LEED criteria is becoming much more prevalent as people become more aware of how they impact the environment in all areas of construction. To meet LEED construction criteria, many of the construction materials are source separated during the construction process and recycled. Materials which can be source separated include lumber, metals, sheetrock, carpet, cardboard, and other materials for which a recyclable materials market exists. Roll- projects, thereby enabling the contractors to meet LEED criteria and construction goals. The purchase of these containers will allow the City to provide construction materials recycling services when requested, and meet expanding commercial construction growth. Agenda Information Sheet November 6, 2007 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its October 22, 2007 meeting. RECOMMENDATION Award the purchase of forty-eight recycling roll-off containers in the amount of $193,463.60 and thirteen refuse roll-off containers in the amount of $49,837.06 to Wastequip for a total award of $243,300.66. PRINCIPAL PLACE OF BUSINESS Wastequip Dallas, TX ESTIMATED SCHEDULE OF PROJECT The containers will be ordered as needed to meet projected demands for service. FISCAL INFORMATION The refuse containers will be funded from account 660046585.1365.30100 in the amount of $49,837.06. The recycling containers will be funded from account 660028585.1365.30100 in the amount of $171,781.56 and account 660048590.1365.30100 in the amount of $21,682.04. The total purchase price for both types of containers will be $243,300.66. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote from Wastequip 1-AIS-File 3916 Attachment 1 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF REFUSE AND RECYCLING ROLL-OFF CONTAINERS FOR THE CITY OF DENTON SOLID WASTE DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3916- INTERLOCAL AGREEMENT FOR RECYCLING AND REFUSE ROLL-OFF CONTAINERS WITH H-GAC AWARDED TO WASTEQUIP IN THE AMOUNT OF $243,300.66). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3916 H-GAC/Wastequip $243,300.66 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of -GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H- orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-File 3916 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 22, 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 Opening Meeting on Monday, 7 October 22, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton. 9 Present 10 : Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines and Bill Grubbs 11 Absent 12 : Phil Gallivan and Randy Robinson, excused 13 14 Ex Officio Members: 15 George C. Campbell, City Manager, excused 16 Howard Martin, ACM Utilities, excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 1) Recommend adoption of an ordinance authorizing the City Manager to execute an oil and gas 25 lease regarding city-owned real property with Endeavor Energy Resources, LLC as Lessee 26 for a tract of approximately 58.42 acres of land located in the M. Austin Survey, Abstract No. 27 4, City of Denton, Denton County, Texas." 28 29 2) Consider recommending approval of the prices in Bid No. 3886 and awarding a one-time 30 purchase for overhead pole-mounted and underground pad-mounted distribution transformers 31 to Wesco Distribution, located in Haltom City, Texas in the expenditure amount of $43,544; 32 and to TEC Utility, located in Decatur, Texas in the expenditure amount of $676,821. 33 34 3) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing 35 the expenditure of funds for payments by the City of Denton for electrical energy 36 transmission fees to Lower Colorado River Authority (LCRA) for providing energy 37 transmission services to the City of Denton; and providing an effective date (File 3913-2008 38 Electrical Energy Transmission Fees Lower Colorado River Authority in the total amount 39 of $313,270). 40 41 4) Consider recommending approval of the purchase of refuse and recycling roll-off containers 42 through an Interlocal Agreement with the Houston-Galveston Area Council of Governments 43 (HGAC) statewide cooperative purchasing program in an amount not to exceed $243,300.66. 44 45 5) Consider recommending approval of the purchase of the Seepex Progressive Cavity Cake 46 Pump and Installation Services from Treatment Equipment Company, Dallas for the amount 47 of $179,775. 48 Draft Minutes of the Public Utilities Board Meeting October 22, 2007 2 of 2 1 6) Consider recommending approval of the Bid No. 3905 for the Pecan Creek Water 2 Reclamation Plant Sand Filter Improvements project to the low bidder Crescent Constructors, 3 Inc. in an amount not to exceed $167,000. 4 5 7) Consider recommending approval of a Professional Services Agreement with Solutient 6 GeoSciences, Inc., Tyler, Texas for hydro geological and analytical services regarding the 7 City's landfill (MSW Permit No. 1590A), in an amount not to exceed $103,948.80. 8 Board Member Bill Cheek moved to approve with a second from Board Member Dick 9 Smith. The motion was approved by a 5-0 vote. 10 11 12 The meeting was adjourned by consensus at 10:48 a.m. 13 14 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of the Pecan Creek Water Reclamation Plant Sand Filter Improvements for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3905-Pecan Creek Water Reclamation Plant Sand Filter Improvements awarded to Crescent Constructors, Inc. in the amount of $167,000). The Public Utilities Board recommends approval (5-0). BID INFORMATION The filters at the Pecan Creek Water Reclamation Plant (PCWRP) are used for enhanced cleaning of the plant effluent after secondary clarification. The filtered effluent is then disinfected before it is discharged into Pecan Creek or used for reuse water supply. On January 8, 2007, the Public Utilities Board approved the design contract with Camp Dresser and McKee, Inc. (CDM) for replacement of the underdrain system and filter media for all four filters. Based on the specifications prepared by CDM, bids for the replacement of Filters 3 & 4 were received on May 3, 2007. The refurbishing of Filter No. 3 is complete and it has been put in operation. Filter No. 4 underdrain system demolition is currently under way. Bid No. 3905 is for the refurbishing of the remaining two filters-Filter Nos. 1 and 2. Crescent Constructors, the low bidder for the refurbishing contract for Filters 3 & 4, was the only bidder for this bid. However, the Crescent Constructors bid of $167,000 for demolition and installation of the underdrain system and filter media is comparable to the bid for the Filters 3 & 4. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its October 22, 2007, meeting. The City Council approved the rehabilitation/upgrade of Filters 3 and 4 on June 5, 2007. RECOMMENDATION Award to Crescent Constructors, Inc. in the amount of $167,000. Agenda Information Sheet November 6, 2007 Page 2 PRINCIPAL PLACE OF BUSINESS Crescent Constructors, Inc. Richardson, TX ESTIMATED SCHEDULE OF PROJECT The estimated completion date for this project is 120 calendars days after the Notice to Proceed is issued. FISCAL INFORMATION This project will be funded from 640079537.1360.40100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 3905 ߬¬¿½¸³»²¬ ï Bid #3905 Date: 10/4/07 Pecan Creek Water Reclamation Plant Sand Filter Improvements ÒÑòÜÛÍÝÎ×ÐÌ×ÑÒÊ»²¼±® Crescent Constructors, Inc. Principle Place of Business:Richardson, TX Construction of Filter 4.A$107,000.00 Improvements Base Bid Demolition of Exisiting 4.B$60,000.00 Underdrains Total A and B$167,000.00 Bid Bondyes ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE PECAN CREEK WATER RECLAMATION PLANT SAND FILTER IMPROVEMENTS FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3905-PECAN CREEK WATER RECLAMATION PLANT SAND FILTER IMPROVEMENTS AWARDED TO CRESCENT CONSTRUCTORS, INC. IN THE AMOUNT OF $167,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3905 Crescent Constructors, Inc. $167,000 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY  BY: _________________________________ 3-ORD-Bid 3905    1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 22, 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 Opening Meeting on Monday, 7 October 22, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton. 9 Present 10 : Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines and Bill Grubbs 11 Absent 12 : Phil Gallivan and Randy Robinson, excused 13 14 Ex Officio Members: 15 George C. Campbell, City Manager, excused 16 Howard Martin, ACM Utilities, excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 1) Recommend adoption of an ordinance authorizing the City Manager to execute an oil and gas 25 lease regarding city-owned real property with Endeavor Energy Resources, LLC as Lessee 26 for a tract of approximately 58.42 acres of land located in the M. Austin Survey, Abstract No. 27 4, City of Denton, Denton County, Texas." 28 29 2) Consider recommending approval of the prices in Bid No. 3886 and awarding a one-time 30 purchase for overhead pole-mounted and underground pad-mounted distribution transformers 31 to Wesco Distribution, located in Haltom City, Texas in the expenditure amount of $43,544; 32 and to TEC Utility, located in Decatur, Texas in the expenditure amount of $676,821. 33 34 3) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing 35 the expenditure of funds for payments by the City of Denton for electrical energy 36 transmission fees to Lower Colorado River Authority (LCRA) for providing energy 37 transmission services to the City of Denton; and providing an effective date (File 3913-2008 38 Electrical Energy Transmission Fees Lower Colorado River Authority in the total amount 39 of $313,270). 40 41 4) Consider recommending approval of the purchase of refuse and recycling roll-off containers 42 through an Interlocal Agreement with the Houston-Galveston Area Council of Governments 43 (HGAC) statewide cooperative purchasing program in an amount not to exceed $243,300.66. 44 45 5) Consider recommending approval of the purchase of the Seepex Progressive Cavity Cake 46 Pump and Installation Services from Treatment Equipment Company, Dallas for the amount 47 of $179,775. 48 Draft Minutes of the Public Utilities Board Meeting October 22, 2007 2 of 2 1 6) Consider recommending approval of the Bid No. 3905 for the Pecan Creek Water 2 Reclamation Plant Sand Filter Improvements project to the low bidder Crescent Constructors, 3 Inc. in an amount not to exceed $167,000. 4 5 7) Consider recommending approval of a Professional Services Agreement with Solutient 6 GeoSciences, Inc., Tyler, Texas for hydro geological and analytical services regarding the 7 City's landfill (MSW Permit No. 1590A), in an amount not to exceed $103,948.80. 8 Board Member Bill Cheek moved to approve with a second from Board Member Dick 9 Smith. The motion was approved by a 5-0 vote. 10 11 12 The meeting was adjourned by consensus at 10:48 a.m. 13 14 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Emerson Vorel 349-8274 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the installation of playground equipment including paving, turf, erosion control and playground components at Lake Forest Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 3817-Playground Equipment at Lake Forest Park awarded to Jones and Jeffery Construction Company, Inc. in the amount of $131,177). BID INFORMATION This bid includes furnishing and installing the following: three playground components, benches, a safety surface area, drainage, and connecting sidewalks with ADA assessable ramps and approaches. This will be the first playground unit to be constructed at this new park in south Denton. RECOMMENDATION Award to Jones and Jeffery Construction Company, Inc. in the amount of $131,177. This of $3,375 (see Attachment 1). PRINCIPAL PLACE OF BUSINESS Jones and Jeffery Construction company, Inc. Denton, TX STAFF COST ESTIMATE ESTIMATED SCHEDULE OF PROJECT The estimated completion date for the installation of the playground equipment and walkways is March 2008. Agenda Information Sheet November 6, 2007 Page 2 FISCAL INFORMATION This project will be funded from two Bond Fund account numbers: 400093440.1360.40100 in the amount of $79,199.62 and 400093916.1360.40100 in the amount of $51,977.38. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation 1-AIS-3817 Þ×Ü ý íèïé ÜßÌÛæ ѽ¬±¾»® ïèô îððé д¿§¹®±«²¼ Û¯«·°³»²¬ ¿²¼ ײ­¬¿´´¿¬·±²ô Ô¿µ» Ú±®»­¬ п®µ Ю±¶»½¬ ×ÌÛÓÜÛÍÝÎ×ÐÌ×ÑÒÊÛÒÜÑÎÊÛÒÜÑÎ Ö±²»­ ¿²¼ ÖÜÝ Ö»ºº»®§ ݱ²­¬ò ݱ²­¬®«½¬·±² ݱò Ю·²½·°´» д¿½» ±º Þ«­·²»­­æ ɧ´·»ô ÌÈÜ»²¬±²ô ÌÈ ÑÚÚÛÎæ ̱¬¿´ Þ¿­» Þ·¼üïéìôðððòððüïíìôëëîòðð ï ßÔÌÛÎÒßÌÛÍæ ß´¬»®²¿¬» ýï óó ß¼¼ óó з½²·½ üìðôðððòððüëíôéçëòðð ͸»´¬»® øпª·´·±²÷ ß´¬»®²¿¬» ýî óó Ü»¼«½¬ óó óüëôðððòððóüíôíéëòðð Û²¹·²»»®»¼ ɱ±¼ Ú·¾»® Þ×Ü ÞÑÒÜ §»­§»­ ßÜÜÛÒÜËÓ ï §»­§»­ ÜßÇÍ ÌÑ ÝÑÓÐÔÛÌÛ ïîðïîð ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT INCLUDING PAVING, TURF, EROSION CONTROL AND PLAYGROUND COMPONENTS AT LAKE FOREST PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3817-PLAYGROUND EQUIPMENT AT LAKE FOREST PARK AWARDED TO JONES AND JEFFERY CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $131,177). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3817 Jones and Jeffery Construction Company, Inc. $131,177 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY  BY: _________________________________ 3-ORD-3817    AGENDA INFORMATION SHEET AGENDA DATE: November 6, 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, Texas authorizing the City Manager to execute a professional services agreement with Solutient Geosciences, Inc. for performing all landfill groundwater monitoring, data review, reporting, and general geological and hydrogeological services regarding the City of Denton, Texas Municipal Solid Waste Landfill in an amount not to exceed $103,948.80; authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date. (The Public Utilities Board approved this item by a vote of 5-0). FILE INFORMATION The City of Denton Landfill is required to perform a variety of groundwater sampling events and submit ground water monitoring results of the L leachate sumps on a semi-annual basis to the Texas Commission on Environmental Quality (TCEQ). Solutient GeoSciences, Inc. has supervised Landfill groundwater monitoring program monitoring services that will be performed as part of the agreement include well sampling, data review, statistical analyses, consultation, regulatory reporting, and general geological and hydrogeological services at the Landfill. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its October 22, 2007 meeting. RECOMMENDATION Award to Solutient GeoSciences, Inc. in an amount not to exceed $103,948.80. PRINCIPAL PLACE OF BUSINESS Solutient GeoSciences, Inc. Tyler, TX Agenda Information Sheet November 6, 2007 Page 2 ESTIMATED SCHEDULE OF PROJECT The term of this agreement will be from October 1, 2007 through September 30, 2008. FISCAL INFORMATION This item will be funded from account 660300.7855. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3911 ORDINANCE NO. 2007-_________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SOLUTIENT GEOSCIENCES, INC. FOR PERFORMING ALL LANDFILL GROUNDWATER MONITORING, DATA REVIEW, REPORTING, AND GENERAL GEOLOGICAL AND HYDROGEOLOGICAL SERVICES REGARDING THE CITY OF DENTON, TEXAS MUNICIPAL SOLID WASTE LANDFILL IN AN AMOUNT NOT TO EXCEED $103,948.80; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE RATIFICATION AND APPROVAL THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to continue to professional hydrogeological consulting and analytical services for the City pertaining to the City of Denton Landfill (MSW Permit No. 1590A); the City Council has engaged ETTL since 1999 to perform these services, and has been satisfied as to both the quality and reasonable and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-referenced professional services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and WHEREAS, it is necessary for the professional services provided by SGI to begin on October 1, 2007, and the timing involved in the contract approval process dictates that this ordinance be ratified and approved effective as of October 1, 2007, which continues the landfill, without interruption; and WHEREAS, the Public Utilities Board of the City of Denton has considered this Agreement and has recommended approval thereof by a vote of ___ to ___; and. WHEREAS, Chapter 2254 of the Texas Government Code, known as the , 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 recitations in the preamble are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2: The City Manager is hereby authorized to execute a Professional Services Agreement with Solutient Geosciences, Inc., a Corporation, of Tyler, Texas, in an amount not-to-exceed $103,948.80 for professional hydrogeological consulting and analytical 1 services regarding groundwater monitoring pertaining to the City of Denton Landfill (MSW Permit No. 1590A); in substantially the form of the Professional Services Agreement attached SECTION 3: The award of this Agreement by the City is on the basis of the continued demonstrated competence, knowledge, and qualifications of SGI and the continued demonstrated ability of SGI to perform the services needed by the City for a fair and reasonable price. SECTION 4: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 5: That the effective date of the Professional Services Agreement st approved hereby, is hereby ratified, confirmed, and made effective as of the 1 day of October, 2007. SECTION 6: That otherwise, except as stated in Section 5 hereinabove, this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ______ day of __________________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: __________________________________ 2 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 22, 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 Opening Meeting on Monday, 7 October 22, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton. 9 Present 10 : Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines and Bill Grubbs 11 Absent 12 : Phil Gallivan and Randy Robinson, excused 13 14 Ex Officio Members: 15 George C. Campbell, City Manager, excused 16 Howard Martin, ACM Utilities, excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 1) Recommend adoption of an ordinance authorizing the City Manager to execute an oil and gas 25 lease regarding city-owned real property with Endeavor Energy Resources, LLC as Lessee 26 for a tract of approximately 58.42 acres of land located in the M. Austin Survey, Abstract No. 27 4, City of Denton, Denton County, Texas." 28 29 2) Consider recommending approval of the prices in Bid No. 3886 and awarding a one-time 30 purchase for overhead pole-mounted and underground pad-mounted distribution transformers 31 to Wesco Distribution, located in Haltom City, Texas in the expenditure amount of $43,544; 32 and to TEC Utility, located in Decatur, Texas in the expenditure amount of $676,821. 33 34 3) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing 35 the expenditure of funds for payments by the City of Denton for electrical energy 36 transmission fees to Lower Colorado River Authority (LCRA) for providing energy 37 transmission services to the City of Denton; and providing an effective date (File 3913-2008 38 Electrical Energy Transmission Fees Lower Colorado River Authority in the total amount 39 of $313,270). 40 41 4) Consider recommending approval of the purchase of refuse and recycling roll-off containers 42 through an Interlocal Agreement with the Houston-Galveston Area Council of Governments 43 (HGAC) statewide cooperative purchasing program in an amount not to exceed $243,300.66. 44 45 5) Consider recommending approval of the purchase of the Seepex Progressive Cavity Cake 46 Pump and Installation Services from Treatment Equipment Company, Dallas for the amount 47 of $179,775. 48 Draft Minutes of the Public Utilities Board Meeting October 22, 2007 2 of 2 1 6) Consider recommending approval of the Bid No. 3905 for the Pecan Creek Water 2 Reclamation Plant Sand Filter Improvements project to the low bidder Crescent Constructors, 3 Inc. in an amount not to exceed $167,000. 4 5 7) Consider recommending approval of a Professional Services Agreement with Solutient 6 GeoSciences, Inc., Tyler, Texas for hydro geological and analytical services regarding the 7 City's landfill (MSW Permit No. 1590A), in an amount not to exceed $103,948.80. 8 Board Member Bill Cheek moved to approve with a second from Board Member Dick 9 Smith. The motion was approved by a 5-0 vote. 10 11 12 The meeting was adjourned by consensus at 10:48 a.m. 13 14 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 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 a Seepex Progressive Cavity Cake Pump from Treatment Equipment Company 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 3917-Progressive Cavity Cake Pump for Pecan Creek Water Reclamation Plant in the amount of $179,775). (The Public Utilities Board approved this item by a vote of 5-0). FILE INFORMATION Currently, the Pecan Creek Water Reclamation Plant (PCWRP) employs belt presses to dewater the anaerobically digested sludge produced at the plant. The dewatered solids drop by gravity from the belt press into a dump truck and are hauled about 300 feet to the biosolids storage area in proximity of the composting facility. During the transfer of dewatered solids to the composting facility, the dewatering operator must leave the belt press building, move the full dump truck with the solids and place a second empty truck under the belt press before hauling the solids to the biosolids storage area. The installation of a Progressive Cake Cavity Pump would provide a mechanical means to move the sludge to the biosolids storage area. This would alleviate the need for an operator to physically move the sludge, therefore freeing up man hours that can be used for operating and maintaining the belt press building and equipment in a manner that is recommended by the Texas Commission on Environmental Quality. Seepex Inc. is the sole proprietor of the Model BTHE 70-24 Progressive Cavity Cake Discharge Pump and Treatment Equipment Company is the exclusive authorized representative for Seepex Inc. 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 October 22, 2007, meeting. Agenda Information Sheet November 6, 2007 Page 2 RECOMMENDATION Award to Treatment Equipment Company in the amount of $179,775. PRINCIPAL PLACE OF BUSINESS Treatment Equipment Company Dallas, TX ESTIMATED SCHEDULE OF PROJECT The installation of the pump will be completed within 4 months from the date the purchase order is issued. FISCAL INFORMATION This item will be funded from account 640114537.1360.40100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote from Treatment Equipment Company Attachment 2: Sole Source Letter 1-AIS-File 3917 Attachment 1 ive since 1985 Equipment Proposal  City of Denton, TX. Pecan Creek Water Reclamation Plant Attn: Mr. Rusty Willard Treatment Equipment Company Offers: Seepex Progressive Cavity Cake Pump & Installation Services ~ Treatment Equipment Company ~ ~ 6220 Campbell Road, Suite 101 ~ Dallas, TX ~ 75248 ~ www.tectx.com Attachment 1 ive since 1985 Proposal # 061226, Revised Dear Mr. Willard, October 15, 2007 Treatment Equipment Company is pleased to offer the following products and services: One (1) Seepex Progressive Cavity Cake Discharge Pump, Model BTHE 70-24 280 Feet of discharge piping w/ necessary bend and support components Custom Installation. Mechanical, Electrical, & Plumbing. Total turn key project installation for the City of Denton, Pecan Creek : $ 179,775.00 Seepex offers their custom cake discharge pump model BTHE 70-24 the transport the dewatered cake from the existing Two (2) Andritz Belt Filter Presses. This unit will be fed from the existing open belt conveyor and will operate at ~ 90 gpm @ 122 rpm. This unit will be rigid mounted underneath the existing conveyor and Seepex will supply the appropriate discharge chute and containment hopper. Start up and training service are included. Please see the attached spec data sheets for product specific details. Trea 40 , A53 Grade B glass lined and flanged. Quantity Four (4 piping. All necessary hardware, gaskets sets, and pipe support saddles will be provided, galvanized coated. Custom installation will include, but not limited to, the following: Seepex cake pump and panel installation w/ all necessary hook ups and connections Complete electrical connection from main power MCC to pump Conduit run for all wire terminations Demo and set aside existing chemical feed equipment Core a hole through existing sludge dewatering building wall to pass flanged piping through Repair and secure piping through the wall Install multiple pipe support anchor bases, as big as but not limited to; Î Install and support the discharge piping with the supplied galvanized pipe supports Piping to follow existing road contour and up to discharge dewatered cake into a new truck load out area Site clean up and equipment check out will be provided Start up and training service will be provided. Thank you for allow Treatment Equipment Company the opportunity to provide you with pricing options. If you have any questions, please contact me. Regards, ~ Treatment Equipment Company ~ ~ 6220 Campbell Road, Suite 101 ~ Dallas, TX ~ 75248 ~ www.tectx.com Attachment 1 ive since 1985 Keith Vierra Treatment Equipment Company ~ Treatment Equipment Company ~ ~ 6220 Campbell Road, Suite 101 ~ Dallas, TX ~ 75248 ~ www.tectx.com Attachment 2 ­»»°»¨ Inc. 2112 Kingsley Dr. Mansfield, TX 76063 Phone (817) 789-9443 Fax (817) 394-1921 www.seepex.com October 15, 2007 To Whom It May Concern: ­»»°»¨ô ײ½ò is the sole proprietor of the Model BTHE 70-24 Progressive Cavity Cake Discharge Pump. This equipment product version, trade name, and technology is solely owned, marketed, distributed, and sold as ­»»°»¨ô ײ½ò part of the line of products. ­»»°»¨ô ײ½ò is also the following: N Range: Standard Progressive Cavity pumps T Range: Open Hopper Feed and Cake pumps D Range: Dosing and Chemical Metering pumps CS Range: Food Grade pumps E Range: Semi Submersible pumps M Range: Macerators Ì®»¿¬³»²¬ Û¯«·°³»²¬ ݱ³°¿²§ô Ü¿´´¿­ô ÌÈ headquartered in is the Exclusive AuthorizedMunicipal ­»»°»¨ô ײ½ò Water/Wastewater Market Representative for in the state of Texas. ­»»°»¨ Please contact , Inc. if you have any questions regarding this matter. Regards, Todd Cranford Regional Sales Manager Mid Continent ­»»°»¨ , Inc. ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS, FOR THE PURCHASE OF A SEEPEX PROGRESSIVE CAVITY CAKE PUMP FROM TREATMENT EQUIPMENT COMPANY 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 3917-PROGRESSIVE CAVITY CAKE PUMP FOR PECAN CREEK WATER RECLAMATION PLANT IN THE AMOUNT OF $179,775). 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 3917 Treatment Equipment Company $179,775 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 3917 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 22, 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 Opening Meeting on Monday, 7 October 22, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton. 9 Present 10 : Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines and Bill Grubbs 11 Absent 12 : Phil Gallivan and Randy Robinson, excused 13 14 Ex Officio Members: 15 George C. Campbell, City Manager, excused 16 Howard Martin, ACM Utilities, excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 1) Recommend adoption of an ordinance authorizing the City Manager to execute an oil and gas 25 lease regarding city-owned real property with Endeavor Energy Resources, LLC as Lessee 26 for a tract of approximately 58.42 acres of land located in the M. Austin Survey, Abstract No. 27 4, City of Denton, Denton County, Texas." 28 29 2) Consider recommending approval of the prices in Bid No. 3886 and awarding a one-time 30 purchase for overhead pole-mounted and underground pad-mounted distribution transformers 31 to Wesco Distribution, located in Haltom City, Texas in the expenditure amount of $43,544; 32 and to TEC Utility, located in Decatur, Texas in the expenditure amount of $676,821. 33 34 3) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing 35 the expenditure of funds for payments by the City of Denton for electrical energy 36 transmission fees to Lower Colorado River Authority (LCRA) for providing energy 37 transmission services to the City of Denton; and providing an effective date (File 3913-2008 38 Electrical Energy Transmission Fees Lower Colorado River Authority in the total amount 39 of $313,270). 40 41 4) Consider recommending approval of the purchase of refuse and recycling roll-off containers 42 through an Interlocal Agreement with the Houston-Galveston Area Council of Governments 43 (HGAC) statewide cooperative purchasing program in an amount not to exceed $243,300.66. 44 45 5) Consider recommending approval of the purchase of the Seepex Progressive Cavity Cake 46 Pump and Installation Services from Treatment Equipment Company, Dallas for the amount 47 of $179,775. 48 Draft Minutes of the Public Utilities Board Meeting October 22, 2007 2 of 2 1 6) Consider recommending approval of the Bid No. 3905 for the Pecan Creek Water 2 Reclamation Plant Sand Filter Improvements project to the low bidder Crescent Constructors, 3 Inc. in an amount not to exceed $167,000. 4 5 7) Consider recommending approval of a Professional Services Agreement with Solutient 6 GeoSciences, Inc., Tyler, Texas for hydro geological and analytical services regarding the 7 City's landfill (MSW Permit No. 1590A), in an amount not to exceed $103,948.80. 8 Board Member Bill Cheek moved to approve with a second from Board Member Dick 9 Smith. The motion was approved by a 5-0 vote. 10 11 12 The meeting was adjourned by consensus at 10:48 a.m. 13 14 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349-8487. ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a one-time purchase for overhead pole mounted and underground pad mounted distribution transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3886-One-Time Purchase for Overhead and Underground Distribution Transformers awarded to Wesco Distribution in the amount of $43,544 and TEC Utility in the amount of $676,821 for a total award amount of $720,365). (The Public Utilities Board approved this item by a vote of 5-0). BID INFORMATION This bid is for the one-time purchase of overhead and underground transformers that Denton Municipal Electric (DME) uses to provide electric service to its residential and commercial customers. Distribution transformers are used to change voltages from 13,200 / 7,620 to lower voltages that can be used by customers. If transformers are not stocked at the DME facility, existing units that fail cannot be replaced, and service cannot be extended to new residential and commercial customers. DME also requires three special distribution pad mounted transformers (line item #8) to supply substation power at the RD Wells Interchange. The special units will receive high voltage primary service directly from the 12,470v delta tertiary windings of the 150MVA auto- transformers in the interchange. This distribution transformer purchase recommendation is based upon the total cost of operation for each size transformer utilizing an industry standard formula that includes initial cost, full load loss cost and no-load loss cost. Losses directly correlate with the efficiency of the transformer. Since transformers are continuously connected to the electric system, the watts loss over a multiple decade life is a significant evaluation factor. The lower loss transformers cost less to operate than higher loss transformers. The evaluation of the loss factors is included as Attachment 2. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its October 22, 2007 meeting. Agenda information Sheet November 6, 2007 Page 2 RECOMMENDATION Award the one time purchase of transformers to the following vendors: Item # Vendor 1-7, 9-11, 13-17 TEC Utility 8, 12 Wesco Distribution The bid submitted by Irby was disqualified due to numerous exceptions to the specification including the use of non electric utility industry standard FR3 dielectric fluid instead of mineral oil. Irby also required adjustments to be made in their submitted bid prices based on actual transformer delivery lead times that may vary from the quoted lead times by using a Cooper derived CPI Index. PRINCIPAL PLACE OF BUSINESS Wesco Distribution TEC Utility Haltom City, TX Decatur, TX ESTIMATED SCHEDULE OF PROJECT The estimated delivery schedule for the transformers is six months from receipt of an order. FISCAL INFORMATION These items will be issued out of Warehouse stock as they are needed and charged back to the appropriate project account. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation Attachment 2: Evaluated Transformer Costs 1-AIS-Bid 3886 ߬¬¿½¸³»²¬ ï Þ·¼ ýíèèê Ü¿¬»æ Í»°¬»³¾»® ïíô îððé Ѳ»óÌ·³» Ы®½¸¿­» º±® Ѫ»®¸»¿¼ ¿²¼ ˲¼»®¹®±«²¼ Ü·­¬®·¾«¬·±² Ì®¿²­º±®³»®­ ÝÑÜ ïóÌ·³» ×ÌÛÓÉ¿®»¸±«­» Ñ®¼»® ÜÛÍÝÎ×ÐÌ×ÑÒ ÊÛÒÜÑÎÊÛÒÜÑÎÊÛÒÜÑÎÊÛÒÜÑÎÊÛÒÜÑÎ ýϬ§ò TECHLINE, INC.WESCO DIST.HD SUPPLYTEC UTILITYIRBY Ю·²½·°´» д¿½» ±º Þ«­·²»­­æ Ú±®¬ ɱ®¬¸ô ÌÈØ¿´¬±³ Ý·¬§ô ÌÈݱ®·²¬¸ô ÌÈÜ»½¿¬«®ô ÌÈÚ±®¬ ɱ®¬¸ô ÌÈ ÑÊÛÎØÛßÜ ó ÐÑÔÛÓÑËÒÌÛÜ ÌÎßÒÍÚÑÎÓÛÎÍ ïîèëèêðððêÌÎßÒÍÚÑÎÓÛÎô ïð µÊß ïîðñîìðªüïôîéíòððüïôðèëòððüèïçòððüééîòëçüïôðçðòðð îîèëèêððëïîÌÎßÒÍÚÑÎÓÛÎô ïë µÊß ïîðñîìðªüïôïéëòððüïôîîëòððüçìçòððüèçëòìëüïôîìçòðð íîèëèêðïðïèÌÎßÒÍÚÑÎÓÛÎô îë µÊß ïîðñîìðªüïôêðìòððüïôëìèòððüïôïëéòððüïôðëêòèëüïôêðïòðð ìîèëèêðïëîìÌÎßÒÍÚÑÎÓÛÎô ëð µÊß ïîðñîìðªüîôíîïòððüîôïíéòððüïôèèïòððüïôééëòêëüîôíïéòðð ëîèëèêðîðîÌÎßÒÍÚÑÎÓÛÎô éë µÊß ïîðñîìðªüëôîðèòððüìôðêïòððüîôïïìòððüïôççëòçëüîôéíèòðð êîèëèêðîëïÌÎßÒÍÚÑÎÓÛÎô ïðð µÊß ïîðñîìðªüêôëïíòððüíôèîìòððüîôëèîòððüîôìíéòëçÒÑ Þ×Ü éîèëèêððïîÌÎßÒÚÑÎÓÛÎô ïðµÊß îìðñìèðªüïôëèìòððüèéîòððüèëêòððüéèðòíçüçëêòðð ͬ¿²¼¿®¼ °®·½» ¼»¼«½¬ º±® ¬®¿²­º±®³»®­ ­«°°´·»¼ ©·¬¸±«¬ ®»¯«·®»¼ ¬¿²µ üîêòëðüîíòððüîðòðð ³±«²¬»¼ Ô·¹¸¬²·²¹ ß®®»­¬»® ¿­­»³¾´§ô ½±·´»¼ Ø·¹¸ ʱ´¬¿¹» ´»¿¼ ¿²¼ ©·´¼´·º» °®±¬»½¬±® Ì®¿²­º±®³»® Ó¿²«º¿½¬«®»®æ ÁÁÁÁÁÁÁر©¿®¼ ײ¼òßÞÞÙòÛòÙòÛòݱ±°»® Ѳ´§ ÒÛÉ °¿®¬­ ú »¯«·°³»²¬ ¿®» «­»¼ ·² ¬¸» ³¿²«º¿½¬«®» ±º ­«°°´·»¼ Ç»­Ç»­Ç»­Ç»­Ç»­ ¬®¿²­º±®³»®­æ ÇÛÍ ±® ÒÑ ß«¬¸±®·¦»¼ Ü·­¬®·¾«¬±® ¾§ Ç»­Ç»­Ç»­Ç»­Ç»­ Ó¿²«º¿½¬«®»®á ÇÛÍ ±® ÒÑ Ü»´·ª»®§ ½¿² ¾» ³¿¼» ©·¬¸·² ÁÁÁÁÁÁ êóïì É»»µ­èóïð É»»µ­ïð É»»µ­ïð É»»µ­èóïð É»»µ­ ©»»µ­ ±º ®»½»·°¬ ±º ±®¼»®ò ËÒÜÛÎÙÎÑËÒÜ ó ÐßÜÓÑËÒÌÛÜ Í×ÒÙÔÛóÐØßÍÛ ÌÎßÒÍÚÑÎÓÛÎÍ ëðµÊß ÐÓÌô ïîòìéµÊ ÜÛÔÌß ØÊó è ÍÐÛÝ×ßÔ íüëôììëòðð üìôìíêòðð ÒÑ Þ×ÜÒÑ Þ×Üüìôîéìòðð îìðñïîðÊ ËÒÜÛÎÙÎÑËÒÜ ó ÐßÜÓÑËÒÌÛÜ ÌØÎÛÛóÐØßÍÛ ÌÎßÒÍÚÑÎÓÛÎÍ ÌÎßÒÍÚÑÎÓÛÎô íÐØò ËÙ ïëð µÊß çîèëèêðèëìüïéôïïíòðð üïïôìéêòðð üçôèêìòðð üçôðïîòïç üïíôîíðòðð îðèÇñïîð ÌÎßÒÍÚÑÎÓÛÎô íÐØò ËÙ îîë µÊß ïðîèëèêðçðïüïéôéêéòðð üïíôèðïòðð üïíôïðíòðð üïïôíðéòêë üïêôíîèòðð îðèÇñïîð ÌÎßÒÍÚÑÎÓÛÎô íÐØò ËÙ íðð µÊß ïïîèëèêðçëèüïèôëèðòðð üïìôïëîòðð üïïôéïèòðð üïðôéðêòêð üîêôìêðòðð îðèÇñïîð ÌÎßÒÍÚÑÎÓÛÎô íÐØò ËÙ ëðð µÊß ïîîèëèêïððîüîíôïíèòðð üïëôïïèòðð üïèôðîçòðð üïêôìéíòïð üîéôîïïòðð îðèÇñïîð ÌÎßÒÍÚÑÎÓÛÎô íÐØò ËÙ íðð µÊß ïíîèëèêïîëîüïçôïííòðð üïéôððéòðð üïîôèèìòðð üïïôïïéòéç üîïôîïìòðð ìèðÇñîéé ÌÎßÒÍÚÑÎÓÛÎô íÐØò ËÙ ëðð µÊß ïìîèëèêïíðéüîèôîêëòðð üïéôîìîòðð üïêôííêòðð üïìôçîëòèç üîêôèêíòðð ìèðÇñîéé ÌÎßÒÍÚÑÎÓÛÎô íÐØò ËÙ éëð µÊß ïëîèëèêïíëéüíêôéêðòðð üíðôíéèòðð üïçôéèìòðð üïèôðéêòïë üíìôïëéòðð ìèðÇñîéé ÌÎßÒÍÚÑÎÓÛÎô íÐØò ËÙ ïððð µÊß ïêîèëèêïìðëüìðôçèçòðð üíêôðîéòðð üíïôêìëòðð üîèôçïíòéë üìïôèéìòðð ìèðÇñîéé ÌÎßÒÍÚÑÎÓÛÎô íÐØò ËÙ ïëðð µÊß ïéîèëèêïìëîüìéôïêðòðð üíðôçïçòðð üííôíéîòðð üíðôìçïòíç üëéôèèìòðð ìèðÇñîéé Ì®¿²­º±®³»® Ó¿²«º¿½¬«®»®æ ر©¿®¼ ײ¼ò í °¸ßÞÞÙòÛòÙòÛòݱ±°»® ï ÐØò ÁÁÁÁÁÁÁÁÁ í ÐØò ÁÁÁÁÁÁÁÁÁ Ѳ´§ ÒÛÉ °¿®¬­ ú »¯«·°³»²¬ ¿®» «­»¼ ·² ¬¸» ³¿²«º¿½¬«®» ±º ­«°°´·»¼ Ç»­Ç»­Ç»­Ç»­Ç»­ ¬®¿²­º±®³»®­æ ÇÛÍ ±® ÒÑ ß«¬¸±®·¦»¼ Ü·­¬®·¾«¬±® ¾§ Ç»­Ç»­Ç»­Ç»­Ç»­ Ó¿²«º¿½¬«®»®á ÇÛÍ ±® ÒÑ Ü»´·ª»®§ ½¿² ¾» ³¿¼» ©·¬¸·² ÁÁÁÁÁÁ êóîê É»»µ­ïðóíð É»»µ­çóïì É»»µ­íð É»»µ­ïðóïè É»»µ­ ©»»µ­ ±º ®»½»·°¬ ±º ±®¼»®ò Þ·¼¼»®ù­ ݱ³³»²¬­æ öЮ·½»­ ­¸¿´´ ¾» ÚÑÞ Ü»²¬±²ô ª·¿ º´¿¬¾»¼ ¬®«½µ ±® ¬®¿·´»®ò ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A ONE-TIME PURCHASE FOR OVERHEAD POLE MOUNTED AND UNDERGROUND PAD MOUNTED DISTRIBUTION TRANSFORMERS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3866-ONE-TIME PURCHASE FOR OVERHEAD AND UNDERGROUND DISTRIBUTION TRANSFORMERS AWARDED TO WESCO DISTRIBUTION IN THE AMOUNT OF $43,544 AND TEC UTILITY IN THE AMOUNT OF $676,821 FOR A TOTAL AWARD AMOUNT OF $720,365). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: ITEM NUMBER VENDOR AMOUNT 1-7, 9-11, 13-17 TEC Utility $676,821 8, 12 Wesco Distribution $ 43,544 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY  BY: _________________________________ 3-ORD-Bid 3886   1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 22, 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 Opening Meeting on Monday, 7 October 22, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton. 9 Present 10 : Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines and Bill Grubbs 11 Absent 12 : Phil Gallivan and Randy Robinson, excused 13 14 Ex Officio Members: 15 George C. Campbell, City Manager, excused 16 Howard Martin, ACM Utilities, excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 1) Recommend adoption of an ordinance authorizing the City Manager to execute an oil and gas 25 lease regarding city-owned real property with Endeavor Energy Resources, LLC as Lessee 26 for a tract of approximately 58.42 acres of land located in the M. Austin Survey, Abstract No. 27 4, City of Denton, Denton County, Texas." 28 29 2) Consider recommending approval of the prices in Bid No. 3886 and awarding a one-time 30 purchase for overhead pole-mounted and underground pad-mounted distribution transformers 31 to Wesco Distribution, located in Haltom City, Texas in the expenditure amount of $43,544; 32 and to TEC Utility, located in Decatur, Texas in the expenditure amount of $676,821. 33 34 3) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing 35 the expenditure of funds for payments by the City of Denton for electrical energy 36 transmission fees to Lower Colorado River Authority (LCRA) for providing energy 37 transmission services to the City of Denton; and providing an effective date (File 3913-2008 38 Electrical Energy Transmission Fees Lower Colorado River Authority in the total amount 39 of $313,270). 40 41 4) Consider recommending approval of the purchase of refuse and recycling roll-off containers 42 through an Interlocal Agreement with the Houston-Galveston Area Council of Governments 43 (HGAC) statewide cooperative purchasing program in an amount not to exceed $243,300.66. 44 45 5) Consider recommending approval of the purchase of the Seepex Progressive Cavity Cake 46 Pump and Installation Services from Treatment Equipment Company, Dallas for the amount 47 of $179,775. 48 Draft Minutes of the Public Utilities Board Meeting October 22, 2007 2 of 2 1 6) Consider recommending approval of the Bid No. 3905 for the Pecan Creek Water 2 Reclamation Plant Sand Filter Improvements project to the low bidder Crescent Constructors, 3 Inc. in an amount not to exceed $167,000. 4 5 7) Consider recommending approval of a Professional Services Agreement with Solutient 6 GeoSciences, Inc., Tyler, Texas for hydro geological and analytical services regarding the 7 City's landfill (MSW Permit No. 1590A), in an amount not to exceed $103,948.80. 8 Board Member Bill Cheek moved to approve with a second from Board Member Dick 9 Smith. The motion was approved by a 5-0 vote. 10 11 12 The meeting was adjourned by consensus at 10:48 a.m. 13 14 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Electric Utility ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ 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 with R.J. Covington Consulting, LLC. for professional services relating to Task Order No. 07-E, The Non-Opt-In-Entity Load Zone Analysis and Studies that are related to the Public Utilities Commission of Texas mandated orders and the Electric Reliability Council of Texas Nodal Market design; regarding those decisions on issues that affect the ability of Denton Municipal Electric to serve its customers in a cost-effective and competitive manner, and other related professional services; authorizing the expenditure of funds therefor; and providing an effective date (Not to exceed $230,000). The Public Utilities Board recommends approval (5-0). BACKGROUND The Public Utility Commission of Texas (PUC) has ordered that the Electric Reliability Council of Texas (ERCOT) change their existing wholesale electric market design to a design based on Locational Marginal Pricing (LMP) beginning January 1, 2009. The new market is usually referred to as the Texas Nodal market. Under this market design, all generation owners will be paid for the energy they deliver into a specific location (node) on the ERCOT electric transmission grid at the highest price paid to any generator that is delivering energy to that same node. For example, if a nuclear unit and a gas turbine are delivering energy to the same node on the ERCOT transmission grid, the nuclear unit is paid the same higher price for its energy that is paid to the gas turbine owner (referred to as marginal cost pricing). ERCOT loads, such as the DME system, will be charged the average price of the energy delivered to each node in their defined “load zone” within the ERCOT system. It will no longer be possible for DME or any other load serving entity to pay the cost of energy from generation it owns or has contractual rights to directly to the generating source and have the energy delivered to its system. ERCOT will pay the generator the LMP at its node and charge each load the average LMP for all nodes in its load zone. It is highly unlikely that the price paid to a generator will match the price paid by the load serving entity that owns or has rights to it. If a load serving entity’s generation is paid more than the energy cost the load serving entity is charged, the load serving entity will make a profit. If the situation is reversed, the load serving entity will lose money. A load serving entity can purchase a hedge against this the risk of losing money by bidding in an ERCOT run auction that sell Congestion Revenue Rights (CRRs) on transmission paths between loads and generators to the highest bidder(s). The CRRs are designed to pay the owner of each CRR any differential between the generation cost and load cost at each end of a transmission path that occurs. If a load serving entity does not pay too much in the auction to win the CRR for the transmission path between its generation and its load and the transfer capability of that path is not derated due to reliability constraints, the CRR will pay the load the negative difference between what its generation was paid and what the load paid for energy in its load zone. Non-Opt-In-Entities (NOIEs – municipals and cooperatives) have been guaranteed Preassigned CRRs (PCRRs) for generators they owned or had contractual rights to prior to 1998. The price for PCRRs is 15% of the winning bid price in the ERCOT auction for the remaining capacity on the same transmission path. DME has PCRRs for its share of Gibbons Creek output but will be subject to the risks described above for its remaining energy supply once the Constellation contract ends in June of 2011. If DME takes no action, it will be included in ERCOT’s Northern load zone, which includes the DFW area, Waco and surrounding counties. Because the generation that will be delivering to nodes in the Northern load zone is dominated by the older, less efficient units owned by TXU, it is very likely that the average LMP price in the Northern zone will be higher than many of the ERCOT generation resources. However, NOIEs have been given the right to form up to 17 NOIE load zones, either individually or in groups. NOIEs desiring to do so must notify ERCOT no later than six months before opening of the Texas Nodal market, which is presently scheduled for January 1, 2009. Once a NOIE has formed its own load zone or become part of a bigger NOIE load zone, it must give 3 years notice before it can reverse that decision. Determining the risks and benefits of various NOIE load zone configurations will require multiple iterations of a very complex, expensive modeling process and will take a significant amount of time to accomplish. The analysis must be completed soon enough to allow discussion with potential NOIE partners prior to the date a final commitment must be made and to assure that, if DME determines it should participate in a NOIE load zone, there will still be a nomination available. Provided that no major changes are made in the Texas Nodal market design, DME is insulated by its contract with Constellation from the price risks described above until June, 2011. However, DME’s decision regarding participation in a NOIE load zone must be made next year in order to put DME in the best possible position once the Constellation contract ends. The analysis and negotiation of potential NOIE Load Zone configuration will be complex, time consuming, and require in depth knowledge of both the details of the Texas Nodal market design and how it will impact DME’s specific situation. The Covington firm is uniquely situated to lead this effort for DME because it has represented DME throughout the stakeholder negotiations that created the Texas Nodal market design. Their expertise will be particularly important in light of the pending retirement of DME’s General Manager. Having a team that is completely familiar with the details and implications of all aspects of this issue for DME will provide a sound bridge between old and new management. It would also be extremely difficult, if not impossible to find another qualified firm with a background in ERCOT’s unique Texas Nodal design that is not already representing other entities with interests that conflict with those of DME. The modeling aspect of this contract, that represents 65% of the contract cost estimate, will be a single source subcontract. At present, there is only one software package that can produce viable analyses of the ERCOT Texas Nodal system. It is the only software available that can model all the aspects of the ERCOT electric grid that are critical to obtaining accurate results, particularly the Special Protection Schemes that have been implemented on some areas of the ERCOT grid. The firm’s engineers who will configure the model and review its results for reasonableness are very familiar with the ERCOT system because they have performed virtually all studies that have been made regarding the ERCOT system. OPTIONS 1.Perform the studies described in Task Order 07-E. 2.Do not perform the studies described in Task Order 07-E RECOMMENDATION DME recommends that Task Order 07-E be approved. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board at their October 22, 2007 regular meeting. The Public Utilities Board discussed this item in closed session and recommends approval 5-0. FISCAL INFORMATION Expenditure not to exceed $230,000. The amount of modeling that will be required is difficult to determine at this time. Every effort will be made to minimize the cost of this project. EXHIBITS 1.Ordinance 2.Contract Respectfully submitted, Sharon Mays General Manager Denton Municipal Electric 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 WITH R. J. COVINGTON CONSULTING, LLC FOR PROFESSIONAL SERVICES RELATING TO TASK ORDER NO. 07-E, THE NON-OPT-IN-ENTITY LOAD ZONE ANALYSIS AND STUDIES THAT ARE RELATED TO THE PUBLIC UTILITIES COMMISSION OF TEXAS MANDATED ORDERS AND THE ELECTRIC RELIABILITY COUNCIL OF TEXAS NODAL MARKET DESIGN; REGARDING THOSE DECISIONS ON ISSUES THAT AFFECT THE ABILITY OF DENTON MUNICIPAL ELECTRIC TO SERVE ITS CUSTOMERS IN A COST-EFFECTIVE AND COMPETITIVE MANNER, AND OTHER RELATED PROFESSIONAL SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (NOT TO EXCEED $230,000). WHEREAS, the City Council deems it in the public interest to continue to engage the firm of R. J. Covington Consulting, LLC of Austin, Texas (“Covington”), to provide professional services to the City relating to Task Order No. 07-E, which is appended to the Professional Services Agreement (the :Agreement”) referenced below; which includes, without limitation, the preparation of a NOIE Load Zone Analysis relating to the Electric Reliability Council of Texas (“ERCOT”) designed transition to a nodal market design in the Texas electric market; and services to keep Denton Municipal Electric (“DME”) staff informed regarding any load zone issues that affect the ability of DME to serve its customers in a cost-effective and competitive manner; and for other professional services; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described highly specialized professional services, and that limited City staff cannot adequately perform the 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; and WHEREAS, Texas Local Government Code, Section 252.022(a)(2) provides that a procurement that is necessary to preserve or protect the public health or safety of the city’s residents is not required to be competitively bid; and likewise, the provisions of Section 252.022(a)(4) provides that a procurement for professional or planning services is not required to be competitively bid; and WHEREAS, the City Council of the City of Denton, Texas finds that the professional services preserve and protect the municipally-owned electrical system of the City; and WHEREAS, Covington has represented DME continuously and professionally over the last ten (10) years, and has proven to be a valuable, reliable, affordable, and competent 1 professional resource that has expertise in, and is well-acquainted with the electric operations as well as the financial and regulatory framework of Denton Municipal Electric. Covington and his staff are particularly familiar with current Public Utilities Commission of Texas (“PUCT”) and Electric Reliability Council of Texas (“ERCOT”) regulations, orders and policies while at the same time dealing with the current issues, characteristics, operations, and present rate structure of DME; and that Covington’s operations are located in Austin, Texas; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement; the Council finds that these services are in the interests of public welfare; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the facts, findings and statements made in the Preamble hereto are hereby adopted and are made a part of this ordinance. SECTION 2: The City Manager is hereby authorized to execute a Professional Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional services relating to Task Order No. 07-E relating to the City and to Denton Municipal Electric, in an amount not to exceed $230,000; in substantially the form of the Professional Services Agreement that is attached hereto and incorporated herewith by reference as Exhibit “A.” SECTION 3: The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Covington and the ability of Covington to perform the professional services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of ___________________, 2007. _______________________________ PERRY R. McNEILL, MAYOR 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: __________________________________ 3 EXHIBIT 2 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Transportation ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving a real estate contract between the City of Denton and ERI – Exposition Hickory, L.P. relating to the purchase of an approximate 1.125 acre tract being Lot 1, Block 1, Ford Properties Addition, recorded in Cabinet E, Page 242 of the Plat Records of Denton County, Texas and an approximate 0.818 acre tract of land, both tracts being located in the H. Sisco Survey, Abstract 1184, City and County of Denton, Texas, together with improvements, for public use; authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND The subject purchase tracts are necessary to provide land for replacement parking in conjunction with the anticipated development of the Downtown Transit Station. The Project Plan calls for the current parking area serving City Hall East and Facilities Management to be substantially incorporated into the operations of the pending transit facility development. The purchase of the 1.943 acre property is optimal from a location perspective and will sustain the parking demands for City Hall East, going forward. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Annual Planning Session – September 26, 2007 FISCAL INFORMATION The subject tract comprises 1.943 acres overall (84,650 square feet). The structural improvements consist of two (2) single story office/warehouse and manufacturing buildings with a gross building area of 13,748 square feet. One of the buildings is 7,212 square feet, a combination of metal and concrete tilt-wall construction, the other is 6,536 square feet, all metal construction, both with concrete slabs and foundations. The balance of the site is predominantly covered by either concrete paving or gravel. There are a few metal outbuildings that contribute no value to the tracts. The collective improvements are considered to still be functional for their intended uses; however, it is most likely that any uses of the existing structures by the City would only be transitional, until formal parking lot improvements are initiated. Transitional use properties, like the subject 1.943 acre purchase tract, that are proximate to the pending multi-modal development, are now being traded in the market in relation to anticipated 00 transit oriented demand. The purchase price is stipulated to be $650,000. for the land and 00 improvements, plus closing costs estimated to be $6,000.. The stipulated purchase price falls within the market range for like properties, with similar improvements, in the subject neighborhood with similar zoning of Downtown Commercial – General Use. Funding for this real estate purchase is provided for by way of 2006 General Obligation Bonds – Downtown Transit Station designation. EXHIBITS 1.Location Map 2.Site Map 3.Ordinance 4. Agreement Respectfully submitted, Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by Paul Williamson Real Estate Manager EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 ANNUAL PLANNING SESSION MINUTES CITY OF DENTON CITY COUNCIL September 26, 2007 Annual Planning Session of the City of Denton City Council on Wednesday, September 26, 2007, at 8:30 a.m. at the Denton Civic Center. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: None ITEMS FOR DISCUSSION : 1.Council discussed and gave direction concerning the long and short term goals and objectives of the city identified in the 2006 Council Planning Session, including without limitation, goals and objectives related to city services, finances, budget, planning, zoning and development, operations, environment, transportation, intergovernmental relations, boards, commissions and committees, and meetings. City Manager Campbell presented goals and objectives from the past year. The areas included Finance, Planning and Economic Development, Transportation/Streets, Utilities, Public Safety, Compensation and Benefits, and other miscellaneous issues. Finance goal topics included (1) organizational efficiency studies, (2) the tax collection process, (3) gas well revenues, (4) impact fees and incentives, and (5) financial reporting of the water park and natatorium. Goals 1 involved evaluating the need for an organizational efficiency study and consider redirecting the funding. The study had been completed. The original budget was $200,000 with $127,000 remaining. Accomplishments included a reorganization plan, improved internal controls, a TMRS review, a study of Reprographics, a RFP for a management study for utilities, and a completed efficiency study of solid waste. Goal 2 was the evaluation of the feasibility of outsourcing the tax collection process. This was completed in July 1, 2007 with the function being outsourced to the Denton County Tax Assessor’s Office. Goal 3 involved the continued management of gas well revenues as an identifiable reserve fund and developed a plan for gas well revenue utilization. This goal was complete with revenue from gas wells (royalty, tax revenue, etc) being deposited and recorded in a separate account. Goal 4, presenting a report on the existing impact fee program and developing impact fee incentives as part of the General Fund budget, was complete. The five-year forecast budgeted an annual allocation of $10,000 for this purpose. Goal 5 evaluated the opportunity to combine the financial reporting of the Water Park and Natatorium with other park facilities in the General Fund. This goal was completed with the adoption of the 2007-08 budget. Planning and Economic Development functions included the goal topics of (1) a comprehensive development plan, (2) a growth management strategy development, (3) revenue policies for Downtown projects, (4) promoting the growth of the Farmers Market, (5) a convention center City of Denton City Council Minutes September 26, 2007 Page 2 development, (6) a TIF for downtown development, (7) defining a downtown corridor and (8) transit-oriented development. Goal 1 was to consider amendments to the Comprehensive Plan to address anticipated development in the north and west of Denton. This goal was completed with the development of an amendment to the Denton Plan to allow for Master Planned Communities in any future land use designation. Goal 2, using contract assistance as necessary to develop a growth management strategy, was in progress. Freese and Nichols was currently under contract to develop a growth management study. Goal 3 involved creative revenue policies for Downtown projects. This goal was essentially complete. The Downtown Incentive Policy and Grant Program had a $50K allocation for the 07- 08 budget. TIF guidelines were in the process of being developed and PID guidelines had been adopted. Goal 4 was to support and promote the growth of the Farmers Marker. This goal was in progress. City funding came from a combination of city council contingency funds and Economic Development support. The Economic Development support paid for ads and a few marketing materials. Goal 5, to research and evaluate the possibility of developing a non-city owned convention center in the Downtown area as well as the Interstate, was still in progress. The City, Chamber and CVB staff had met with property owners and hotel developers. Goal 6 dealt with exploring the development of a TIF for the downtown redevelopment effort. This goal was also still in progress. The TIF boundaries had been reviewed by the Downtown Task Force, the Economic Development Partnership Board and City Council. Schrader and Cline had been engaged to develop the project and financial plan. Goal 7, to redefine the Downtown area to include the Hickory Street corridor from the Square to the transit area, was still in progress. The corridor project was submitted to COG but was not funded. The project will be submitted as a potential project under TIF financing and other options will be explored. Goal 8 to evaluate the economic development opportunities associated with a Transit Oriented Development was still in progress. Goal topics for Transportation and Streets included (1) construction and inspection criteria for new streets, (2) the feasibility of designating a major thoroughfare as MLK Boulevard, (3) regional transportation issue participation, (4) commercial air transportation, and (5) sidewalks at DISD facilities. Goal 1 was to develop recommendations to Council and the development community on construction and inspection criteria for new streets. This goal was still in progress. The item was presented to Council on January 9, 2007. The Pavement Focus Group and Geotechnical evaluation report was completed. Adjustments to inspection fees were under study and the Street Department was working to develop updated street standards. City of Denton City Council Minutes September 26, 2007 Page 3 Goal 2 evaluated the feasibility of designating a major thoroughfare as Dr. Martin Luther King, Jr. Blvd. or to provide some other visible recognition of Dr. King in the City. The evaluation had been completed. Council would be discussing other possibilities during the time that Loop 288 was still being completed. Goal 3 dealt with maintaining an active role in regional transportation issues. This item was th completed but also ongoing. The City was active during the 80 legislative session to receive support efforts to enhance the North Texas region’s transportation Goal 4 was to develop a program to encourage the development of commercial air transportation at the Denton Airport. This goal was still in progress. Staff was developing an action plan to address necessary improvements and outline the required services necessary to provide limited commercial service at the Denton Airport. Goal 5, issues associated with the lack of sidewalks at the DISD school facilities, was essentially completed. Plans for improvements to sidewalks were complete and recently permitted through TxDOT. Staff would be meeting with DISD and TxDOT to review sources of funding and responsibilities. The “Safe Routes to Schools” program would be explored. Council discussed the sidewalk situation and possible provisions to look at sidewalks other than just on the frontage of developing property. Assistant City Manager Martin stated that staff and the DISD were working to bridge sections of undeveloped property in the school areas with the developed areas of DISD property. He stated that current regulations only require sidewalk development along the property frontage. Goal topics for Utilities included (1) becoming a “green” city and (2) residential yard waste collection. Goal 1 to enhance the public relations effort to promote the City’s desire to become a green city was completed. The City began a comprehensive environmental education campaign in January 2007 which completed this goal. Goal 2 was to report back to Council on the residential yard waste collection process. That goal had been completed. Since 2002 there had been a steady increase in residential yard waste collection. Goal topic for Public Safety was (1) animal services operations. Goal 1 was completed but ongoing. Staff supported and assisted in the creation of the Denton Animal Shelter Foundation, conducted a survey of possible locations for a new shelter, a consultant was hired to develop a master plan and perform a needs assessment and during the past year, the existing shelter had purchased new equipment, made facility enhancements and implemented new programs. Mayor Pro Tem Kamp noted that the capital campaign for the new shelter would begin in January. City of Denton City Council Minutes September 26, 2007 Page 4 Goals for Compensation and Benefits included (1) evaluate opportunities to improve employee health through restructuring of health insurance benefits and the development of associated wellness initiatives and (2) evaluate pay for alternate judges and resource support for juvenile court. Both of these goals had been completed. Miscellaneous goals included (1) public art master plan and (2) paperless government. Goal 1 was to continue the efforts to create a public art master plan for the Denton community. This goal was essentially completed. The Public Art Committee had written the “criteria for the th acceptance of Public Art” with a report to be presented to Council on October 16. Following approval, the committee will develop the scope of services, research costs and request funding in FY 2008-09. Goal 2, continue to promote and implement a paperless government system to include boards, commissions and committees, was not complete at this time. Staff will continue to pursue with individual boards and commissions at their discretion to see if there is interest in a paperless agenda. Some boards/commissions were not in favor of a paperless system. Staff was suggesting to continue with this goal but not keep it as a top priority. Council went into Closed Session at 9:05 a.m. to discuss the following: Personnel Matters – Under Section 551.074 of the Texas Government Code. 1.Evaluation of the City Manager. Council came out of Closed Session at 10:18 a.m. 2.Council discussed and gave direction concerning the long and short term goals and objectives of the city for 2007, including without limitation, goals and objectives related to city services, finances, budget, planning, zoning and development, operations, environment, transportation, intergovernmental relations, boards, commissions, committees and meetings. Other Issues for discussion included (1) compensation, (2) the bond program, (3) gas wells, (4) airport master plan, (5) special events, and (6) executive session item. Topic (1) was to develop a comprehensive compensation program for all employees other than public safety. City Manager Campbell provided a brief update on the new compensation plan that was about to be implemented. The system would be moving away from cost of living increases and move toward merit increases. The program defined developmental tracks for employees to follow. He reviewed the benefits and challenges of the new system. Benefits included (1) re-established internal equity, (2) classified and valued jobs differently to better compete with the market, (3) was a merit-based system that rewarded star performers better than others, (4) simplified the classification administration system, and (5) ensured compliance with federal law. Challenges included (1) change could be difficult, (2) re-establishing internal equity was difficult, (3) transitioning some positions from non-exempt to exempt, (4) redefining progression plans, (5) moving from a fixed review date to anniversary review date, and (6) education of employees. Implementation costs included approximately $430,000 which was not merit pay money. Performance increases were covered by the 4% that was included in the FY 2007-08 budget. City of Denton City Council Minutes September 26, 2007 Page 5 Topic 2 dealt with beginning the planning for the 2009 bond program. Jon Fortune, Assistant City Manager, presented the 2009 bond program timeline. The timeline included a November 2009 bond election with an April 2010 bond sale. Council discussion included: What was the rationale for having the earliest bond sale date in 2010? Fortune replied that it had been established in the 5 year forecast. Could the appointment of the bond committee be moved to an earlier date? Fortune stated yes that the time frame to appoint committee could be earlier. Consensus of the Council was to move those appointments back several months to complete the appointment process at an earlier time. Topic 3 - Gas wells Fortune stated that the royalty, tax or lease gas well revenue was deposited into non-operating funds. There was no dependence on gas well funds for on-going needs. The airport gas well revenue must be used to support the airport but could also be used to reimburse the General Fund. This reimbursement was tied to the previous six years of subsidy and required advance approval from the FAA. That approval was uncertain and could take many months to receive. Options for use of gas well revenue included one-time needs or invest in projects to produce long-term revenue. One-time needs might include streets, drainage, capital items, or one-time programs. Once those funds were spent, they would no longer be available. Invest the funds in projects to produce long-term revenue might include grant matches, airport revenue generating infrastructure, economic development incentives/projects which would have the capacity to turn one-time revenue into a permanent resource. The investment option was being recommended by staff. Council discussion included: One-time needs were behind such as drainage and streets. Was there a way to do a combination of uses of the funds with some of the hard issues that were behind plus find an investment method to get ahead. Fortune stated that staff’s recommendation was to use the one-time source of funds to generate a permanent revenue source. Was the total revenue amount projected over 20 years? Fortune replied no but that the amounts would drop off past the first 2 years. Had there been discussion about a gas well at the Service Center at Mingo? Mayor McNeill replied yes that TWU had talked to the city about it. Was the city the developer of the airport or was everyone who built a pad site there a developer? The City should be the developer and the Council needed to see the entire picture of the airport instead of separate issues. Was the Council ready to invest some of the gas well money into infrastructure to assist with the development of the Airport? City of Denton City Council Minutes September 26, 2007 Page 6 Topic 4 - Airport Master Plan Howard Martin, Assistant City manager, reviewed the backup materials provided regarding the master plan for the airport. Council discussion – The airport was a huge economic engine for the community and had been overlooked for a long time in terms of the economic benefit received from the airport. Continue to look at programs that would invest future gas well revenue as recommended by staff. Update the master plan and get it updated to incorporate the City’s ideals. Keep the funding received from the gas wells separate for separate funding issues. Interest earned from the gas wells should stay with gas well funds. Topic 5 dealt with special events and the definition and identification of the City’s role in supporting special events. Martin indicated that Council needed to determine the level of participation it would like staff to have and the level of funding support for priority events. Staff was working on developing a more systematic approach to address special event requests and city participation. Staff also did some benchmarking with other cities in terms of banners and was looking at traffic control plans and the hanging of banners. Most other cities used private contractors for the hanging of banners and the event responsible for the banner was responsible for the cost involved in hanging the banners. Council discussion – What would be the basis for an application fee for special events? Martin replied that was part of the whole question. Staff needed to know the Council’s philosophy for these types of events. Should parameters be set on the type of event the city supported or provide in-kind assistance assuming that events were bringing people to Denton. Mayor McNeill felt it was difficult getting through the system when doing an event and that this was a high level priority for him. Was it fair to use the Square for events and still expect the surrounding businesses to pay for the expenses of the events? The overall attitude for these events was to service the community and citizens. Not only Denton citizens but outside citizens as well. Don’t damage the atmosphere of cooperation between the city and event holders. A local high school parade was not the same as an event with overnight stays. Streamline the requirements for events and cost of service. Consider resorting events by type starting at the top with regional events that bring in money. Council might consider supporting those types of events. Next would be events within the city that were open and available to residents; and then events specific to a certain group such as a high school parade. Some of those events might not be financially supported by the City. Consider a budget for first come; first serve to help with costs. City of Denton City Council Minutes September 26, 2007 Page 7 City Manager Campbell indicated that those costs would have to be built into the budget if Council was comfortable with it. Mayor McNeill felt there were two issues - what to fund and the ease of obtaining a permit. Evaluating the cost of these events in terms of rental of spaces, etc. might be helpful. Council Member Watts felt that specific criteria were needed to determine which events would be sponsored by the city and which ones would not be sponsored. Items for consideration by the City Manager included (1) criteria for assigning issues to various committees and/or advisory boards and (2) the gas drilling ordinance. Item 1 - City Manager Campbell indicated that criteria for assigning issues to various committees or a more formalized method to assigned issues to boards, commission or council committees might be needed. Mayor McNeill asked if every issue going to the Airport Advisory Board also went to the Mobility Committee. Campbell replied that items at an advisory committee came before full Council. Some issues with the Airport Advisory Board went to the Mobility Committee and then to Council. Some issues went to the full Council rather than a council committee. Council discussed the function of the Airport Advisory Board relative to leases and zoning issues around the Airport. They also discussed the Mobility Committee and the types of issues that would come before that Committee. City Manager Campbell felt that at time situations were being created where advisory boards were reviewing the same issues. Advisory boards were advisory to the Council and not to other boards/commissions. Mayor McNeill felt that the purpose of all committee was to receive information and form a consensus on an issue before it came to Council and then make a recommendation to Council. Item 2 dealt with the gas drilling ordinance. City Manager Campbell asked Council if it wanted to spend any time looking at that ordinance in terms of distance requirements, sound barriers, etc. or was the Council comfortable with the current ordinance. After discussion, Council requested that staff get information on what other cities were doing with their ordinance requirements in terms of noise factors and distance requirements. More specifically with the noise provisions, staff should consider taking readings during the various phases of the process to obtain levels of noise at the various stages and follow up with a work session discussion. Air quality issues as they related to transportation, planning, and development issues were considered. Deputy Mayor Pro Tem Mulroy felt that a community discussion to examine the Comprehensive Plan was needed with a relook at the vision measure, where the Plan currently was and where it City of Denton City Council Minutes September 26, 2007 Page 8 needed to be. Work with developers to make developments bus friendly to encourage ridership. He felt that the process could start with small workshop groups and then move out into the community for a possible Comprehensive Plan amendment. Mayor Pro Tem Kamp stated that an eight hour ozone standard for air quality was being discussed. Denton County was a non-attainment county with some of emissions coming from outside Denton County. An eight hour standard would help with attainment issues. There was an excellent film that she would like Council to view relative to this issue. Consensus of the Council was to begin the process on the Comprehensive Plan as suggested by Deputy Mayor Pro Tem Mulroy. Mayor Pro Tem Kamp stated she had UNT and TWU issues in the areas of streets, drainage, and utilities. She asked if it were time to visit with the City’s state representatives regarding these issues. Howard Martin, Assistant City Manager, addressed the street issues. He stated that there were a number of issues concerning streets associated with the universities. One example was Union Circle at UNT. UNT wanted to make a two way access on the street and renovate/repair the street section on university property. He felt the City could take care of the signage and traffic control with the proposed change but that repair of the street would be costly. There were also other streets through the universities that were primarily used by students. A question to consider was whether there should be some allocated funding to share the costs of the repair of those types of streets. City Manager Campbell suggested setting up meetings with the universities to look at these issues. The meetings would start with the City Manager, Mayor and presidents of the universities instead of city staff meeting with their staff. Consensus of Council was to proceed with that proposal. Council Member Montgomery presented information concerning the Farmers Market. Currently he used part of his contingency funds to help publicize the market. After he leaves council, he would like to see Council continue to support the market and help it continue to grow. Mayor McNeill stated that the Market was an attribute to the community and that Council would continue to look after it. Council Member Thomson had several issues he wished to discuss. They included (1) the next bond program, (2) Eureka Playground, (3) water and electric conservation efforts, (4) the need for a trauma center and (5) railroad quiet zones. Item 1 - Eureka Playground – Thomson stated that many similar playgrounds were being taken down because of arsenic in the materials. Currently the City was spending money to seal it. As the equipment was coming to the end of its expected life usage, he felt the city should consider taking it down. Mayor McNeill stated that there was a need to replace it and not just take down. City of Denton City Council Minutes September 26, 2007 Page 9 Council Member Thomson indicated that a community effort for a new playground could be started similar to when the current playground was erected. Assistant City Manager Martin stated that a replacement strategy could be looked at in the next bond sale. This type of playground usually lasted 15 years which Eureka would soon be reaching. Mayor McNeill requested staff provide Council with data on this issue. Deputy Mayor Pro Tem Mulroy left the meeting. Item 3 dealt with water/electric conservation efforts. Council Member Thomson felt that the city should encourage more people to be on the green rate with more rebate possibilities such as rebates for double pane windows and radiant barriers. Consensus of the Council was to have the Council Committee on the Environment provide a recommendation to Council on this effort with cost of rebates and advertising. Item 4 dealt with the need for a trauma center in Denton. Council Member Thomson suggested trying to establish a trauma center in Denton. Mayor McNeill suggested looking at the various levels of trauma centers. Assistant City Manager Fortune stated that there was no guarantee that state/federal money would come back to Denton as it went to a regional agency first for allocation. Item 5 considered railroad quiet zones. Council Member Thomson stated that there were a number of ways to make quiet zones through Denton. He felt it would be a good investment to establish the zones. There would have to be double gates on both sides of the crossing or channelization for a directional horn at the crossing instead of on the locomotive. Mayor Pro Tem Kamp indicated that it would be cost prohibitive without some type of funding source. Council Member Thomson suggested looking at road channelization or horns at the intersections. Assistant City Manager Martin stated that staff was looking at quiet zones through the DCTA. DCTA was putting in quiet zones and that in the future there would be some overlapping intersections which would help with the costs. Council went into Closed Session at 1:48 p.m. to discuss the following: A.Deliberation about Economic Development Negotiations – Under Texas Government Code §551.087 1.Discussed or deliberated regarding commercial or financial information that the City Council has received from business prospects that the City Council seeks to have locate, stay or expand in or near the territory of the City of Denton City of Denton City Council Minutes September 26, 2007 Page 10 and with which the city council is conducting economic development negotiations, including but not limited to hotels and convention centers. B.Deliberations regarding Real Property -- Under Texas Government Code Section 551.072; and Consultation with Attorney -- Under Texas Government Code Section 551.071. 1. Discuss and deliberate the purchase and value of real property for municipal purposes located in the Denton Downtown area, and receipt of legal advice related thereto. With no further business, the meeting was adjourned at 2:20 p.m. _______________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES October 1, 2007 Joint Meeting of the City of Denton City Council and the Denton Independent School District Board of Trustees on Monday, October 1, 2007 at 12 noon in the Board Room at the DISD Central Services Building. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: None 1.Call to order; announce quorum, introductions. Mayor McNeill called the City Council to order and indicated that a quorum was present. 2.Discussion on the Freeport Exemption. Bryan Langley, Director of Finance, discussed the impact of HB 621 dealing with the Freeport Exemption. He stated that intrastate goods could now be exempted whereas in the past only interstate good were included. He indicated that the city would be working on an opt-out provision that included a public hearing and approval of a resolution. 3.Discussion on the “Safe Routes to School” program. Mayor McNeill stated that there was state/federal money available for the creation of sidewalks to encourage children to walk to school. Assistant City Manager Martin reviewed the provisions of the program, the purpose of the program, ages of targeted children and the impact on traffic congestion. Consensus was to develop key project that both entities were willing to support and work out areas of priorities. 4. Update on Denton Development Projects. Brian Lockley, Interim Director of Planning and Development, presented updates on new projects in the city including Cole Ranch, Rayzor Ranch, Hunter Ranch and the Hills of Denton. Council and the Board discussed the need for future developments to donate school sites. 5. Update on Denton ISD Bond Program. A video presentation was shown regarding the upcoming DISD bond election and proposed program. 6. With no further business, the meeting was adjourned at 1:30 p.m. ______________________________ __________________________ PERRY R. MCNEILL JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: November 6, 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 Denton Holiday Lighting Association to assist with the cost of the Holiday Lighting Festival and the maintenance and replacement of holiday lights; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $1,350 ( Mayor Perry McNeill, $300.00; Mayor Pro Tem Pete Kamp, $200; Deputy Mayor Pro Tem Joe Mulroy, $150; Council Member Bob ) from Montgomery, $400; Council Member Charlye Heggins, $200; Council Member Chris Watts, $100 Council Contingency Funds. Key provisions of the agreement include: Funds shall be used by the Denton Holiday Lighting Association to assist with the cost of the Holiday Lighting Festival and the maintenance and replacement of holiday lights. 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 respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Materials Management ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton, Texas an Advance Funding Agreement in the amount of $90,976.95 by and between the City of Denton, Texas and the Texas Department of Transportation (TxDOT) for the construction of a right turn lane in conjunction with the Loop 288 Widening Project; providing for the expenditure of funds therefor; and declaring an effective date. FILE INFORMATION This acquisition consists of the payment of $90,976.95 for the costs to construct a turn lane off of Loop 288 into the Spencer Square development. The City is entering into an advanced funding agreement (AFA) with TxDOT for the construction of this turn lane using the TxDOT contractor for the Loop 288 widening project. The City will pay the State for the construction of this project out of funds received from the developer. The State prepared the AFA in conjunction with the permit for the turn lane off Loop 288; therefore, the amount for the agreement was derived by TxDOT to cover the costs of construction and mobilization in the amount of $79,594.88 and construction, engineering and contingencies in the amount of $11,382.07. In conjunction with this agreement, staff is bringing forward a developer agreement between the developer (DBSI Landsowne I) and the City wherein the developer agrees to accept all obligations placed on the City as a part of the AFA. With this agreement in place, the developer is required to pay to the City any increased costs or fulfill any other obligations that the State may impose on the City as a component of the AFA. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Not applicable. RECOMMENDATION Staff recommends that the attached AFA in the amount of $90,976.95 be executed and that payment in this amount be made to the Texas Department of Transportation for construction of the turn lane into the Spencer Square development. PRINCIPAL PLACE OF BUSINESS Texas Department of Transportation 2622 W. Prairie Street Denton, Texas 76202 ESTIMATED SCHEDULE OF PROJECT These improvements will be placed by the Loop 288 contractor in conjunction with paving activities between McKinney Street and Brinker Road sometime in the spring of 2008. FISCAL INFORMATION This project will be funded from account 940.2098. EXHIBITS 1.Ordinance 2. Advanced Funding Agreement Respectfully submitted: Frank G. Payne, P.E. City Engineer EXHIBIT 1 ORDINANCE NO. 2007-_______ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON, TEXAS AN ADVANCE FUNDING AGREEMENT IN THE AMOUNT OF $90,976.95 BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE CONSTRUCTION OF A RIGHT TURN LANE IN CONJUNCTION WITH THE LOOP 288 WIDENING PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager of the City of Denton or his designee is hereby authorized to execute on behalf of the City of Denton an “Advance Funding Agreement For Voluntary Local Government Contributions to Transportation Improvement Projects With No Required Match” in the amount of $90,976.95 with the Texas Department of Transportation (TXDOT), in accordance with the terms of said Agreement, relating to the funds for the construction of a right turn lane in conjunction with the Loop 288 widening project; a copy of such agreement being attached hereto and made a part hereof for all purposes and referenced as Exhibit “A” (the “Agreement”). SECTION 2. The City Manager or his designee is the City’s authorized representative who is directed to comply with any assurances, conditions, or agreements required to be executed to receive the funds provided under the Agreement. SECTION 3. All prior actions of the City Manager and other City officials in executing various documents and certifications with regard to said advance funding agreement are hereby approved and ratified. 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: _____________________________________ EXHIBIT 2 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Materials Management ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton, Texas a “Development Agreement for Spencer Square” in the amount of $90,976.95 by and between the City of Denton, Texas and DBSI Landsdowne I, L.P. for the construction of a right turn lane to serve the Spencer Square Development in conjunction with the Loop 288 widening project, which agreement transfers all obligations of the advanced funding agreement executed by the City of Denton, of even date herewith, to the developer, DBSI Landsdowne I, L.P.; and declaring an effective date. BACKGROUND The City is entering into an advanced funding agreement (AFA) with TxDOT for the construction of this turn lane using the TxDOT contractor for the Loop 288 widening project. The City will pay the State for the construction of this project out of funds received from the developer. TxDOT prepared the AFA in conjunction with the permit for the turn lane off Loop 288; therefore, the amount for the agreement was derived by TxDOT to cover the costs of construction and mobilization in the amount of $79,594.88 and construction, engineering and contingencies in the amount of $11,382.07. This agreement between the developer (DBSI Landsowne I) and the City establishes that the developer agrees to accept all obligations placed on the City as a part of the AFA. With this agreement in place, the developer is required to pay to the City any increased costs or fulfill any other obligations that the State may impose on the City as a component of the AFA. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Not applicable. RECOMMENDATION Staff recommends that the City execute the attached developer agreement that effectively transfers all obligations of the AFA from the City to the developer. PRINCIPAL PLACE OF BUSINESS DBSI Landsowne I, LP 5207 McKinney Ave., Suite 12 Dallas, Texas 75205 ESTIMATED SCHEDULE OF PROJECT The improvements associated with the AFA will be placed by the Loop 288 contractor in conjunction with paving activities between McKinney Street and Brinker Road sometime in the spring of 2008. FISCAL INFORMATION Not applicable. The AFA will be funded from account 940.2098. EXHIBITS 1.Ordinance 2.Development Agreement for Spencer Square 3. Certificate of Secretary Respectfully submitted: Frank G. Payne, P.E. City Engineer EXHIBIT 1 ORDINANCE NO. 2007-_______ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON, TEXAS A “DEVELOPMENT AGREEMENT FOR SPENCER SQUARE” IN THE AMOUNT OF $90,976.95 BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DBSI LANDSDOWNE I, L.P. FOR THE CONSTRUCTION OF A RIGHT TURN LANE TO SERVE THE SPENCER SQUARE DEVELOPMENT IN CONJUNCTION WITH THE LOOP 288 WIDENING PROJECT, WHICH AGREEMENT TRANSFERS ALL OBLIGATIONS OF THE ADVANCED FUNDING AGREEMENT EXECUTED BY THE CITY OF DENTON, OF EVEN DATE HEREWITH, TO THE DEVELOPER, DBSI LANDSDOWNE I, L.P.; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton, Texas on this date has approved an “Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects With No Required Match” entered into by and between the City of Denton, Texas and the Texas Department of Transportation (TXDOT) in the amount of $90,976.95, in accordance with the terms of said Agreement, executed as an accommodation to the Developer, DBSI Lansdowne I, L.P., relating to the funds for the construction of a right turn lane in conjunction with the Loop 288 widening project; a copy of such agreement being attached hereto and made a part hereof for all purposes and referenced as Exhibit “A” (the “Agreement”). SECTION 2. The City Manager or his designee is the City’s authorized representative who is directed to comply with any, conditions or agreements required to be executed to effectively transfer and assign all of the obligations of the City of Denton, Texas regarding the above referenced “Advance Funding Agreement” by and between the City of Denton, Texas and the Texas Department of Transportation (TXDOT), to the Developer, DBSI Lansdowne I., L.P. (the “Developer”). SECTION 3. The City Manager is also authorized to execute the “Development Agreement for Spencer Square” ; a copy of which agreement being attached hereto and made a part hereof for all purposes and referenced as Exhibit “B” (the Development Agreement), by and between the City of Denton, Texas and DBSI Landsdowne I, L.P., wherein the City of Denton is the assignor and the Developer is the assignee; said Developer wishes to develop the property to include a variety of commercial and retail uses pursuant to its final plat, and likewise desires to commit to certain improvements to public infrastructure which are connected to the overall development of Spencer Square, which involve the provision of expedited and special services from the City of Denton, Texas; and which Development Agreement also requires that among other things, Developer agrees to pay the city in accordance with said Agreement. SECTION 4. All prior actions of the City Manager and other City officials in executing various documents and certifications with regard to said Advance Funding Agreement as well as the “Development Agreement for Spencer Square” are hereby approved and ratified. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ______ day of __________________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _____________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: _____________________________________ EXHIBIT 2 EXHIBIT 3 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Transportation Operations ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Provide a recommendation to the City Manager on City of Denton representatives to North Central Texas Council of Governments’ Regional Outer Loop/Rail Bypass Stakeholder Group. (Mobility Committee recommended 3-0). BACKGROUND On October 24, 2007 the North Central Texas Council of Governments (NCTCOG) held a briefing for elected officials at Denton City Hall on the Regional Outer Loop/Rail Bypass. NCTCOG provided an update on the current status of the project which identified opportunities and constraints of the proposed project. It was noted that an Environmental Impact Study was submitted to the Federal Highway Administration in late summer and that the Texas Department of Transportation is hopeful a Record of Decision (ROD) will be provided by end of Calendar Year 2007. NCTCOG reported that the Regional Transportation Council approved $3.3 million at the October 11, 2007 meeting to conduct a Regional Loop Study. Exhibit 1 demonstrates the Outer Loop corridor in Denton County will be approximately seven to ten miles north of US 380 following an alignment generally along FM 428 in the east and FM 3163 in the central part of the county. Initially I-35W will be utilized as the northwestern corridor, between north Tarrant County and Denton County, until further studies validate the need for a corridor extending west of the FM 3163 and I-35 intersection and then south through Wise County, Segment I on Exhibit 2. At this point, NCTCOG staff indicated that design cross-section for the Regional Outer Loop will remain flexible to address environmental, geographical and urban development constraints. A second objective of the Regional Outer Loop study will be to look at options to reduce freight rail traffic through the region. Specific to Denton will be the identification of options to redirect or bypass the Union Pacific Railroad traffic around the west side of the region and then northeast to Sherman Denison. Other components of the Rail Bypass Study will include capacity options to improve freight rail traffic to the region, thus reducing truck traffic on regional roads, enhancement of Tower 55 in Fort Worth and facilitating an expansion of passenger rail service in the region. NCTCOG staff has requested that municipalities having jurisdiction or extraterritorial jurisdiction impacted in the Outer Loop/Rail Bypass Study Area submit two representatives to participate on the Regional Outer Loop Stakeholder Roundtable. Representation shall be one elected member and one technical member. PRIOR ACTION Mobility Committee considered this item at the October 30, 2007 meeting. Mobility Committee recommends Mayor Pro-Tem Pete Kamp and Mark Nelson serve on behalf of the City of Denton, 3-0. SCHEDULE NCTCOG staff has requested that the City Manager submit the City of Denton representatives to the Stakeholder Roundtable by November 15, 2007. EXHIBITS 1.Regional Outer Loop System: Implementation Map 2.Draft Minutes, Mobility Committee October 31, 2007 Respectfully Submitted: Mark Nelson Transportation Director EXHIBIT 2 DRAFT MINUTES 1 City Council Mobility Committee 2 Tuesday, October 30, 2007 3 4 After determining that a quorum of the Mobility Committee of the Denton City Council was 5 present, the Chair of the Committee on the Mobility convened into a meeting on Tuesday, 6 October 30, 2007 at 2:00 p.m. in the City Council work session room, 215 E. McKinney Street, 7 Denton, Texas. 8 9 Present: Chair Pete Kamp, Mayor Perry McNeill, and Council Member Bob Montgomery 10 11 Also Present : George C. Campbell, City Manager 12 Howard Martin, ACM Utilities 13 Jim Coulter, Director Water Wastewater Utilities 14 Mark Nelson, Transportation Director 15 Frank Payne, City Engineer 16 Bud Vokoun, Traffic Engineer 17 Johnna Matthews, Assistant Planner 18 Ann Forsythe, Boards and Committees Coordinator 19 John Polster, ITS 20 John “Sparky” Pearson, Developer Elk River 21 Brian Shamburger, Kimley-Horn and Associates, Inc. 22 Jeremy Sain, Kimley-Horn and Associates, Inc. 23 24 5)Receive a report and hold a discussion on the proposed Trans Texas Corridor Regional Outer 25 Loop and make a recommendation to the City Manager on City of Denton representatives to 26 North Central Texas Council of Governments’ Regional Outer Loop/Rail Bypass 27 Stakeholder Roundtable. 28 29 Chair Kamp stated that she and Council Member Montgomery attended an October 24, 2007 30 NCTCOG briefing during which the request was made for cities to submit two representatives as 31 members of a Stakeholder Roundtable. Representation shall be one elected member and one 32 technical member. Staff recommended that Chair Kamp be the elected representative and that 33 Mark Nelson serve on behalf of the City of Denton. 34 35 Mayor McNeill motioned that the Mobility Committee recommend that Mayor Pro Tem 36 Pete Kamp and Mark Nelson, Transportation Director, be representatives to the 37 Stakeholder Roundtable for the Outer Loop. The motion was approved by a 3-0 vote. 38 39 Chair Kamp confirmed that this item would be taken to the City Council Agenda Committee 40 tomorrow to be placed on the November 6, 2006 Consent Agenda with a second from Council 41 Member Montgomery. 42 43 John Polster called attention to the section in the form that asked the membership to determine a 44 format for meeting; all Members in one location, all sub-area Members in sub-area meetings, or 45 all elected members together in one meeting and Technical Members meet by sub-area. 46 47 Chair Kamp stated she was in favor of the middle choice with all sub-area Members in sub-area 48 meetings. 49 50 The meeting was adjourned by consensus at 4:00 p.m. 51 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Utilities Engineering ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing an agreement for abandoning and vacating those certain street right-of-way tracts of land being approximately 0.222 acre and 0.044 acre respectively and being portions of the right-of-way of Carroll Boulevard and Pacific Street located at the southern terminus of said Pacific Street and at the northeast corner of Carroll Boulevard and Eagle Drive, in the W. Loving Survey, Abstract Number 759 in the City of Denton, Denton County, Texas; providing for easements; providing for quit claim deed; and providing an effective date. BACKGROUND The City has received a request from the adjoining landowner, 518 Acme, Ltd. to abandon a portion of the right-of-way of Carroll Boulevard and a section of the Pacific Street right-of-way as a measure to compliment their recent assemblage of numerous lots for the proposed development known as Access First Capital Bank. When right-of-way tracts were procured for the 1970’s era construction of Carroll Boulevard, numerous house lots were purchased along what once was the east side of Center Street. The onset of Carroll Boulevard consumed Center Street, however the result was that in many instances, along various segments of Carroll Boulevard, the City owns and maintains remnant lots in excess of the street right-of-way limits necessary for street operations. Over the course of time, there have many occasions in which these “excess” house lots remnants have been conveyed to adjoining landowners, upon their petition requests to City Council. The section of Pacific Street right-of-way that is subject of this abandonment request was disconnected from Eagle Drive at the time Carroll Boulevard became operational, and was then used solely as a means to access, via Maple Street, to those residential lots on the east side Pacific at its Eagle Drive terminus. The houses that once used that section of Pacific have long since been removed and those land tracts have recently been purchased by the petitioner, 518 Acme, Ltd. The subject abandonment tracts are encumbered by a sanitary sewer line, overhead electric power lines and communication lines. The Agreement stipulates the conveyance of easements to the City by the petitioner to ensure those assets are provided for, however, it is anticipated that the overhead electric power and communication lines will be relocated to alternative easements as a part of the overall redevelopment of the assembled tracts. The right-of-way abandonment sale circumstance lends itself to the opportunity for the City to participate in additional improvements to Eagle Drive that are beyond the perimeter paving exaction requirements for the Access First Capital Bank development. Staff met with the petitioner and other interested parties on several occasions throughout the past year and the concept of additional paving improvements to Eagle Drive was broached by staff and well received by the petitioner. A component part of this sale transaction will be to escrow a portion of the purchase price funds to provide for a dedicated right turn lane, west bound Eagle Drive at Carroll Boulevard, along the Eagle Drive frontage of the petitioner. If the petitioner fails to expeditiously pursue the contemplated additional improvements within a 3-year time frame, the escrowed funds will be disbursed to the City and the transaction will be finalized at that time. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Development Review Committee – May 7, 2007 FISCAL INFORMATION $78,300 purchase price to City for excess right-of-way tracts ($40,000 escrow for City participation in right-turn lane improvements) EXHIBITS 1.Location Map 2.Site Map 3.Ordinance 4. Agreemnet Respectfully submitted, Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by Paul Williamson Real Estate Manager EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 SUBJECT- Z07 -0015 (Nelson Orr Property) Hold a public hearing and consider the adoption of an ordinance regarding the rezoning of an approximately 11.21-acre tract of land from a Neighborhood Residential -2 (NR-2) zoning district to a Neighborhood Residential-4 (NR-4) zoning district. The tract of land is located on the east side of Country Club Road, approximately 475 feet south of Regency Court. (Z07-0015, Nelson/Orr Property) The Planning and Zoning Commission recommends approval (3-1). A super majority vote is needed to approve the request due to property owner opposition. The Planning and Zoning Commission recommends approval of this rezoning request (3-1) BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX The subject site is currently developed with 10 single family homes on one tract of land. If the zoning change request is granted, the applicant intends to demolish the existing homes to develop the property. If the proposed NR-4 zoning district is approved, up to 44 single family homes may be built on this property. The Applicant held a neighborhood meeting on the evening of Thursday, September 6, 2007 at the Denia Recreation Center. Five people from the surrounding neighborhoods and from one of the homes on the subject site attended the meeting. The concerns voiced at the meeting included the density of the development, the proposed access from Country Club Road and how the floodplain would be developed. Public notification information is included in Exhibit 8. As of this writing, two responses in opposition to the rezoning request have been received from property owners within 200 feet of the subject site. These owners represent over 20% of the land area within two hundred feet of the subject site. Therefore a super majority vote is needed to approve the request. A total of six letters in opposition were received including the two property owners within 200 feet. All six responses are included in Exhibit 9 Letters of Opposition. OPTIONS 1.Approval as submitted. 2.Approve with conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this rezoning request (3-1) EXHIBITS 1. Staff Analysis 2. Letter of Intent 3.Location Map 4.Existing Zoning Map 5.Proposed Zoning Map 6.Future Land Use Map 7.Flood Plain Map 8.Notification Information 9.Letters of Opposition 10.Site Photographs 11.Planning and Zoning Commission Meeting Minutes 12.Ordinance Respectfully submitted: Brian Lockley, AICP Interim Director, Planning and Development Prepared by: Lori Shelton, AICP Planner II 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: DATE TO BE CONSIDERED: Z07-0015November 6, 2007 LOCATION: The subject property is located on the east side of Country Club Road, south of Regency Oaks, and east of Bent Creek Estates. APPLICANT: Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 OWNER: John Nelson & William Orr 2901 Carmel St. Denton, TX 76051 REQUEST: Rezone approximately 11.21 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of this zoning request (3-1). COMPREHENSIVE Neighborhood Center PLAN DESIGNATION: SITE AND The property is located on the east side of Country Club Road. There SURROUNDINGS: are 10 residential structures on the westernmost part of the property. The remainder of the site is undeveloped. North: Neighborhood Residential 2 (NR-2); Undeveloped and further to the north is low density residential development (Regency Oaks Phase 1) South: Neighborhood Residential 2 (NR-2); Undeveloped and very low density residential East: Neighborhood Residential 4 (NR-4); Undeveloped West: Neighborhood Residential 3 (NR-3); Developed residential, Bent Creek Estates BACKGROUND Prior to the adoption of the 2002 zoning ordinance which zoned the INFORMATION: subject property NR-2, the property was zoned an Agricultural (A) zoning district. There are 10 existing houses on the subject site. All ten are under one ownership (the applicant) and are currently used as rental property. If the zoning change request is approved, the applicants intend to raze the existing houses to develop the site. ANALYSIS: 3 Comprehensive Plan The subject site is located within the “Neighborhood Centers” future Analysis: land use area. These areas may develop in conventional patterns or may be developed in a pattern of ‘neighborhood centers’. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park or perhaps an elementary school. The proposed zoning district is consistent with the comprehensive plan. Development The requested zoning district, Neighborhood Residential 4 (NR-4), Code/Zoning Analysis primarily allows single family detached land use. Duplex development is allowed in a NR-4 zoning district with the following limitation: In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. A complete list of all permitted uses in the current zoning district, Neighborhood Residential 2 (NR-2) and the proposed Neighborhood Residential 4 (NR-4) zoning district is shown below in Table 1. Table 1. Comparison of permitted uses between NR-2 and NR-4 Zoning Districts. Use Zoning District Residential Land Use Categories NR-2 NR-4 (Current) (Proposed) Agriculture P P Livestock L(7) L(7) Single Family Dwellings P P Accessory Dwelling Units SUP SUP L(1)L(1) Attached Single Family Dwellings N SUP Dwellings Above Businesses N N Live/Work Units N N Duplexes N L(3) Community Homes for the Disabled P P Group Homes N N Multi-Family Dwellings N N Manufactured Housing Developments SUP N Commercial Land Use Categories P P Home Occupation 4 Sale of Products Grown on Site N N Hotels N N Motels N N Bed and Breakfast N N Retail Sales and Service N N Movie Theaters N N Restaurant or Private Club N N Drive-through Facility N N Professional Services and Offices N N Quick Vehicle Servicing N N Vehicular Repair N N Auto and RV Sales N N Laundry Facilities N N Equestrian Facilities SUP N Outdoor Recreation P P Indoor Recreation N N Major Event Entertainment N N Commercial Parking Lots N N Administrative or Research Facilities N N Broadcasting or Production Studio N N Sexually Oriented Businesses N N Temporary Uses L(38) L(38) Industrial Land Use Categories Printing/Publishing N N Bakeries N N Manufacture of Non-odoriferous Foods N N Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Kennels L(37) N Veterinary Clinics L(14) N Sanitary Landfills, Commercial Incinerators, N N Transfer Stations L(27) SUP Gas Wells L(27) Institutional Land Use Categories L(25) L(25) Basic Utilities N N Community Service P P Parks and Open Space P P Churches SUP SUP Semi-public, Halls, Clubs, and Lodges N N Business/Trade School SUP SUP Adult or Child Day Care SUP SUP Kindergarten, Elementary School N N Middle School N N High School N N Colleges 5 Hospital N N Elderly Housing N N Medical Centers N N Cemeteries N N Mortuaries N N NR-2 NR-4 General Regulations Minimum lot width 80 feet 40 feet Minimum lot depth 100 feet 80 feet Minimum front yard setback 20 feet 20 feet L(2) 10 feet 5 feet Minimum side yard for non attached buildings 2 4 Maximum density, dwelling units per acre 30% 60% Maximum lot coverage 70% 40% Minimum landscaped area 40 feet 40 feet Maximum building height 10 feet 10 feet Minimum yard when abutting a single-family use plus 1 foot plus 1 foot or district for each for each foot of foot of building building height height above 20 above 20 feetfeet Table Legend: P – Permitted N – Not permitted SUP – Specific Use Permit L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1.The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4.One additional parking space shall be provided that conforms to the off- street parking provisions of this Chapter. 5.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(2) = For infill lots, the front setback shall be an average of the adjacent lots. L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached 6 structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. 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. 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. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L (37) = 5-acre minimum land area required and no more than 25 kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use. L (38) = Must meet the requirements of Section 35.12.9. DEPARTMENT AND The Development Review Committee has reviewed this application. AGENCY REVIEW: The Development Review Engineer will require a FEMA flood study to determine the base flood elevation. During the platting process an evaluation of the downstream drainage situation and the culvert crossings on Sanders will be required. It appears the culverts on Sanders do not have adequate capacity and improvements may be required. Water extension along the frontage of this property is required at the time of platting. Additionally, there is a significant amount of undeveloped floodplain on the easternmost portion of the property. (See Exhibit 7). Subchapter 35.17.7. Undeveloped Floodplain Development Standards of the Denton Development Code will apply to the floodplain on the site. This section prohibits any new structures or additions in an area mapped as undeveloped floodplain. No other issues pertinent to the requested zoning change were identified. FINDINGS: The criteria for approval of Zoning Amendments, per 35.3.4.B.2 of the Denton Development Code require that: 1. The proposed rezoning conforms to the Future Land Use element of the Denton Plan, and The requested zoning change conforms to the Neighborhood Center Future Land Use designation of the Denton Plan. 2. The proposed rezoning facilitates the adequate provision of 7 transportation, water, sewers, schools, parks, other public requirements and public convenience. Facilities are generally adequate for transportation, water, sewers, and other public requirements for this development. 8 EXHIBIT 2 LETTER OF INTENT 9 10 EXHIBIT 3 LOCATION MAP SUBJECT SITE BENT CREEK ESTATES 11 EXHIBIT 4 EXISTING ZONING MAP SUBJECT SITE NR-2 12 EXHIBIT 5 PROPOSED ZONING MAP SUBJECT SITE NR-4 13 EXHIBIT 6 FUTURE LAND USE MAP SUBJECT SITE 14 EXHIBIT 7 FLOOD PLAIN MAP SUBJECT FLOODPLAIN SITE 15 EXHIBIT 8 NOTIFICATION INFORMATION Public Notification Date: September 2, 2007 * 200’ Legal Notices sent via Certified Mail: 37 Number of responses to 200’ Legal Notice: In Opposition: 2 In Favor: 0 Neutral: 0 * - A copy of the notification list is available at City Hall West, 221 , Denton, TX N. Elm Street 16 EXHIBIT 9 LETTERS IN OPPOSITION 17 18 19 20 21 22 23 24 EXHIBIT 10 SITE PHOTOGRAHS Looking northeast on to subject property. 25 Looking across Country Club Road to existing homes on the site. 26 EXHIBIT 11 Planning and Zoning Commission Meeting Minutes 27 28 29 30 31 EXHIBIT 12 ORDINANCE 32 33 34 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 SUBJECT - S07-0004 (Chi Alpha House) Hold a public hearing to consider the adoption of an ordinance regarding a Specific Use Permit (SUP) to allow a Semi-public, Halls, Clubs, and Lodges use, which includes a fraternity or sorority house. The subject property is located on the southeast corner of West Oak Street and Miller Street. The subject property is located within a Neighborhood Residential 3 (NR-3) zoning district. The Planning and Zoning Commission recommends denial of this SUP request (6-0). A super majority vote of all members of the City Council qualified to vote is necessary to adopt this SUP request. Planning and Zoning Commission recommends denial of this SUP request 6-0. BACKGROUND Applicant: Messenger Fellowship Denton, TX The applicant is requesting an SUP to use an existing single-family dwelling unit as a fraternity or sorority house. The definition of a fraternity or sorority house by the Denton Development Code is as follows: the structure in which a student or professional organization formed chiefly to pursue common interests, be it cultural, religious, entertainment or social, and which has regular meetings, rituals, and formal membership requirements is housed. These structures also may provide housing to its members. Within an NR-3 zoning district, a Semi-public, Halls, Clubs, and Lodges use is permitted with the approval of an SUP. Semi-public, Halls, Clubs, and Lodges use include fraternity and sorority houses. On December 5, 2006, Code Enforcement received a call from a neighbor requesting that Code Enforcement investigate a potential illegal use. The neighbor stated that the owner of the house has installed a wall sign advertising a church (see Exhibit 6). Review by Building Inspection revealed that no Certificate of Occupancy was ever issued for a church use for the subject property. On December 19, 2006, Code Enforcement cited the applicant with a citation for an illegal use. After receiving the citation, the applicant met with staff to discuss a resolution. According to the applicant, they are a church and that there are five unrelated individuals living in the house. Staff informed the applicant that according to the Code a church cannot have residential dwelling units as part of the primary structure. In addition, according to the Code a single-family dwelling unit shall have no more than four unrelated individuals residing in the same dwelling unit. In order to comply with the Code as a church use, the individuals living in the house must cease residential occupancy. The applicant later changed their use from a church to a fraternity or sorority house. With an approved SUP allowing a Semi-public, Halls, Clubs, and Lodges use, which includes fraternity or sorority house the group can continue to have regular meetings and have the five unrelated individuals currently living in the house reside at the house. As a Semi-public, Halls, Clubs, and Lodges use, the home will no longer be considered a single- family residential use and would be considered a non-residential use. The applicant has agreed to comply with all the non-residential standards and regulations set forth in the Denton Development Code, Fire Code, and Building Code prior to obtaining a Certificate of Occupancy from Building Inspections. The applicant held neighborhood meetings on July 26, 2007 and August 13, 2007 at the subject property regarding the proposed Chi Alpha House. The main concerns from the property owners were the potential noise generated by fraternity and sorority activities, the increase parking demand, decrease of property value, and by granting the SUP this will create the opportunity for other non-residential uses to locate in the area. At the first neighborhood meeting there were four property owners that attended and their main concerns were noise generated by fraternity and sorority activities and increase parking demand. The applicant explained that there have not been any problems/complaints regarding noise generated from the current residents. However, the property owners are concern that the next fraternity or sorority that would occupy the house would not be as quiet. Staff suggested at the meeting that to ensure that noise would not be a potential problem with a different fraternity or sorority, this SUP will expire when the applicant, Chi Alpha House, vacates the property. The applicant agreed to include this as a condition for approval. Another concern from the property owners was increase parking demand. Staff explained that no new off-site parking would be required as a result of this SUP. At the second neighborhood meeting there were three property owners that attended and their main concerns were decrease of property value and by granting the SUP this will create the opportunity for other non-residential uses to locate in the area. The property owners expressed that the increase density and change of use to non-residential would decrease the property value in the area. Staff suggested at the meeting that there be a limit on how many people can reside at the house. The applicant suggested a condition for approval be that no more than six individuals are able to live at the house. In addition, the applicant has agreed to comply with all City standards, codes and regulations from a residential to a non-residential use to minimize the impact on the neighborhood. On August 22, 2007, during the Planning and Zoning Commission public hearing a citizen provided the Commission with a letter stating that the Chi Alpha is a student organization of the General Council of the Assemblies of God, Springfield, Missouri, a non-profit organization. The letter originated from the Chi Alpha Campus Ministries, USA. The same citizen provided documentation that the Chi Alpha Campus Ministries, USA non-profit corporation status has been dissolved and revoked due to failure to file a correct and current annual report. Staff contacted the Secretary of State of Missouri and verified the non-profit revocation status. Both letter and documentation is presented in Exhibit 13. Page - 2 Public notification information is provided in Exhibit 5. As of this writing, staff has received 12 responses from property owners within 200 feet of the subject site, all 12 are in opposition. 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.Postpone consideration. 5.Table item. RECOMMENDATION Planning and Zoning Commission recommends denial of this SUP request 6-0. EXHIBITS 1.Staff Analysis 2.Location Map 3.Existing Zoning Map 4.Future Land Use Map 5.Notification Information 6.Site Photos 7.Letter From Applicant 8.Letter From Chi Alpha Campus Ministries 9.Organization Registration Form 10.Site Plan 11.Responses to Public Hearing Notice 12.Planning and Zoning Commission Minutes, August 22, 2007 13.Materials received at the August 22, 2007 Planning and Zoning Commission Public Hearing 14.Ordinance Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development Prepared by: Ron Menguit Planner III Page - 3 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: DATE TO BE CONSIDERED: S07-0004November 6, 2007 LOCATION: Southeast corner of West Oak Street and Miller Street APPLICANT: Messenger Fellowship 1907 West Oak Denton, TX 76201 OWNER: Messenger Fellowship 1907 West Oak Denton, TX 76201 REQUEST: Adopt an ordinance to regarding a Specific Use Permit (SUP) to allow a Semi-public, Halls, Clubs, and Lodges use, which includes a fraternity or sorority house. RECOMMENDATION: Planning and Zoning Commission recommends denial of this SUP request 6-0. Neighborhood Residential 3 ZONING DISTRICT: The subject site is located within a (NR-3) zoning district. Existing Land Use COMPREHENSIVE The subject site is located within an future land PLAN DESIGNATION: use designation. SITE AND SURROUNDINGS: The subject site is developed with an existing single-family residential dwelling unit. North: Neighborhood Residential 3 (NR-3) – existing single-family residential dwelling unit South: Downtown Residential 2 (DR-2) - existing single-family residential dwelling unit East: Neighborhood Residential 3 (NR-3) – existing single-family residential dwelling unit West: Neighborhood Residential 3 (NR-3) – existing single-family residential dwelling unit BACKGROUND The applicant is requesting an SUP to use an existing single-family INFORMATION: dwelling unit as a fraternity or sorority house. The definition of a fraternity or sorority house by the Denton Development Code is as Page - 4 follows: the structure in which a student or professional organization formed chiefly to pursue common interests, be it cultural, religious, entertainment or social, and which has regular meetings, rituals, and formal membership requirements is housed. These structures also may provide housing to its members. Within an NR-3 zoning district, a Semi-public, Halls, Clubs, and Lodges use is permitted with approval of an SUP. Semi-public, Halls, Clubs, and Lodges use include fraternity and sorority houses. On August 22, 2007, during the Planning and Zoning Commission public hearing a citizen provided the Commission with a letter stating that the Chi Alpha is a student organization of the General Council of the Assemblies of God, Springfield, Missouri, a non-profit organization. The letter originated from the Chi Alpha Campus Ministries, USA. The same citizen provided documentation that the Chi Alpha Campus Ministries, USA non-profit corporation status has been dissolved and revoked due to failure to file a correct and current annual report. Staff contacted the Secretary of State of Missouri and verified the non-profit revocation status. Both letter and documentation is presented in Exhibit 13. ANALYSIS: Existing Land Comprehensive Plan The property requesting the SUP is within the Use/Infill Compatibility Analysis: future land 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. The proposed Chi Alpha House as a fraternity/sorority house is consistent with the comprehensive plan designation. The proposed use will be compatible with the surrounding neighborhood. The applicant is not proposing to change the density or change the exterior façade of the house. The applicant will provide the required off-street parking as required by Code. No new driveway or off- street parking spaces are proposed with the SUP. Development A Semi-public, Halls, Clubs, and Lodges use is a permitted use Code/Zoning Analysis within the NR-3 zoning district with the approval of an SUP. DEPARTMENT AND The Development Review Committee has reviewed the request for an AGENCY REVIEW: SUP. The following comments were provided to the applicant in a report. The items listed below will need to be addressed by the applicant and inspected by the City of Denton’s Building Inspection prior to a Certificate of Occupancy being issued. Page - 5 Building Inspection: 1.Notes state that the sign on the chimney is a "lit" sign. Sec. 35.15.14.1 E of the Denton Development Code states that "Any ground sign over ten (10) feet in height and any wall sign over fifteen (15) feet in height shall maintain the following setbacks from any property used for a single family residence or property zoned for single family if the sign would be visible from such property." Non-illuminated 100 feet Internally Illuminated 200 feet Externally Illuminated 500 feet 2.It is suggested that the applicant contact the Texas Department of Licensing and Regulations at 800-803-9202 to determine handicap accessibility requirements for converting a structure from a single family residence to a fraternity house with lodging and meeting space. 3.Section 8. E. of the rental agreement states "The Garage will be converted into a ministry game room..." The information provided by the applicant also states that the structure is 2500 sq. ft. plus garage conversion. Our records do not indicate that any permits were obtained for a garage conversion at this address. 4.Per Sec 3406.1 of the 2003 International Building Code, the change in occupancy classification will require the structure to meet all new code requirements. This would include exit and emergency lighting, smoke detectors, etc. Electric: 1. Fraternity/Sorority Houses are classified as commercial customers. City of Denton Customer Service will start the process to change the electric rate from residential to small commercial. 2. The maximum electric usage at 1907 West Oak was 4,107- kilowatt hours in the September 2006 billing cycle. Based on the age of the house and the electric usage last summer, it is recommended that Chi Alpha House review the electric service to confirm that the service is adequate for the usage. The electric service may have to be upgraded to provide safe service with the current usage. Page - 6 Fire: The change of use and occupancy classification of this building will require that the building comply with the 2003 International Fire Code and City Ordinance Chapter 29-2 amending the 2003 International Fire Code. 1.The building will be required to be equipped with an automatic fire sprinkler system in accordance with Section 903.2.8 of City Ordinance Chapter 29-2. 2.Other sections of the Fire Code will apply with regards to exit doors, locks and latches, smoke detectors, fire alarm system, exit signs and emergency lighting. Engineering: Further development may require ROW dedication and utility extensions. FINDINGS: Pursuant to subsection 35.6.4.B. 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 other property nor significantly diminish or impair property values within the immediate vicinity; Granting the SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. The applicant will provide all required buffering, screening, and setbacks to ensure compatibility with the neighborhood as prescribed in the Denton Development Code. 2.That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not significantly impede the normal and orderly development of the surrounding vacant property. The applicant is not proposing to change the density or change the exterior façade of the house. 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The subject site is developed with a single-family residential dwelling unit. Adequate utilities, access roads, drainage and other Page - 7 necessary supporting facilities exist. If the SUP is granted, Denton Municipal Electric will start the process to change the electric rate from residential to small commercial. No changes to other utilities are anticipated with this SUP request. 4.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; The residents will use the existing driveway for parking and no new driveway or off-street parking spaces are proposed with the SUP that would increase the amount of impervious area. 5.That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The subject site is developed with a single-family residential dwelling unit. No new construction is proposed as part of this SUP resulting in offensive odor, fumes, dust, noise and vibration is anticipated. 6.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and The Chi Alpha House is proposing a lighted wall sign. Lighting of the wall sign shall comply with the development standards addressed in the Denton Development Code. 7.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed site will meet all landscaping and tree preservation regulations under Subchapters 13 in the Denton Development Code. The applicant has agreed to provide a 6-foot wood fence and a minimum 10-foot landscape area within one tree every 30 linear feet to provide buffer and screening from adjacent residential uses. Page - 8 EXHIBIT 2 Location Map Page - 9 EXHIBIT 3 Existing Zoning Map Page - 10 EXHIBIT 4 Future Land Use Map Page - 11 EXHIBIT 5 Notification Information íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØ  iñØÖÜÑïÎÉÔÚØÊÊØÏÉÇÔÜúØËÉÔ×ÔØÙðÜÔÑ   iúÎÈËÉØÊÄïÎÉÔÚØÊÊØÏÉÇÔÜëØÖÈÑÜËðÜÔÑ ïÈÐÛØËÎ×ËØÊÍÎÏÊØÊÉÎ iñØÖÜÑïÎÉÔÚØ ôÏîÍÍÎÊÔÉÔÎÏ  ôÏ÷ÜÇÎË  ïØÈÉËÜÑ  íØËÚØÏÉÎ×ÑÜÏÙÆÔÉÕÔÏ iÔÏÎÍÍÎÊÔÉÔÎÏ   Page - 12 EXHIBIT 6 Site Photos View of the subject property. View of the home to the west of the subject property. View of the home to the east of the subject property. Page - 13 ÛÈØ×Þ×Ì é ÛÈØ×Þ×Ì è January 24, 2007 To whom it may concern: This letter is being sent to you as a clarification of the purpose and background of Chi Alpha nationally, as well as an answer to questions you have addressed concerning the local Chi Alpha chapter at the University of North Texas Campus. Chi Alpha is a well established fraternal organization on 250 campuses nationwide and 40 nations. Chi Alpha is the university student organization of the General Council of the Assemblies of God, Springfield, MO. The Assemblies of God has 12,298 churches in the United States with a membership of 1.6 million. Chi Alpha chapters must charter annually with the national office in Springfield, Missouri to be approved and in good standing. Every campus chapter must first be recommended by the Assemblies of God District (often synonymous with state level church authorities) to be approved and recognized nationally. Many of our chapters own buildings to house students and staff, provide offices, and meeting space for student activities. These facilities provide a service to our students and ultimately the university community. The campus at University of North Texas is a Co-ed Christian Fraternity. Our organization is not a part of Inter-Fraternity Council, because we have an additional set of religious standards that we hold. We have guidelines regarding alcohol and the conduct related to our events. Alcohol is not allowed at any of our events even if a student is of legal drinking age. We exist to encourage and develop students in Christian principles and practice in the university setting. We see ourselves as a service to the university community through student’s involvement in intramurals, studies on Christianity, social activities and service projects, and programs for international students. We do not have a pledge process to become members, but we do have guidelines for becoming an officer. The Chi Alpha fraternity functions as a Christian service organization. Chi Alpha has proven itself to be an upstanding organization and to be a benefit to the campus community as well as the community at large. Chi Alpha purposes to develop outstanding Christian citizens and leaders for the marketplace and Chi Alpha houses and centers are an integral part of this. Sincerely, Dennis Gaylor, National Director Chi Alpha Campus Ministries, USA DG:cv ÛÈØ×Þ×Ì ç ÛÈØ×Þ×Ì ïð úÇÃéÏÛÊÈøÊÛÅÌÇÊÙÔÛÉ×ØÙÍÌÓ×ÉÌÊÓÎÈÈÔÓÉ ØÍÙÇÏ×ÎÈÅÓÈÔÍÇÈÛÅÛÈ×ÊÏÛÊÑ æÓÉÓÈÅÅÅÉÏÛÊÈØÊÛÅÙÍÏÍÊÙÛÐÐ     ÛÈØ×Þ×Ì ïï ÛÈØ×Þ×Ì ïî ÛÈØ×Þ×Ì ïí ÛÈØ×Þ×Ì ïì AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 SUBJECT - S06-0011 (T-Mobile – Tabernacle Assembly of God) Hold a public hearing and consider the adoption of an ordinance regarding a Specific Use Permit (SUP) for a telecommunications tower in an alternative mounting device on property located within a Neighborhood Residential 4 (NR-4) zoning district. The approximately 7.64-acre property is located at the southwest corner of Audra Lane and Lattimore Street. The Planning and Zoning Commission recommends approval of this request (4-0). BACKGROUND Applicant: T-Mobile USA Frisco, TX The applicant is requesting a Specific Use Permit for the construction of an alternative mounting structure for a telecommunications tower in a Neighborhood Residential zoning district, pursuant to 35.12.8 of the Denton Development Code. The proposed tower will be designed to appear as an 85’ tall steeple associated with an existing church. The subject property contains the Faith Tabernacle Assembly of God church, and is located within a Neighborhood Residential 4 (NR-4) zoning district. Public notices were sent to residents and property owners in the area (Exhibit 5). The applicant held a neighborhood meeting on Monday, April 9, 2007, but it was not attended by any members of the public. As of this writing, staff has received six responses to the Notice of Public Hearing from property owners; two neutral to the request, one in favor, and 3 opposed to the request. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (4-0), subject to the following conditions: 1.The applicant shall submit a letter to the Director of Planning annually to confirm the operational status of the tower and the cellular providers it is hosting. 2.The applicant shall design the tower to appear as a steeple, incorporating architectural features common to steeples and materials compatible with the existing church. EXHIBITS 1.Staff Analysis 2.Location Map 3.Existing Zoning Map 4.Future Land Use Map 5.Notification Information 6.Site Photographs 7.Letter From Applicant 8.Planning and Zoning Commission Minutes from September 26, 2007 9.Site Layout and Elevations From Applicant 10.Response to Notice of Public Hearing 11.Coverage Analysis Report 12.Ordinance Respectfully submitted: Brian Lockley, AICP Interim Director, Planning and Development Prepared by: Jane Gurney, Planner I EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: DATE TO BE CONSIDERED: S06-0011November 6, 2007 LOCATION: The property is located at the southwest corner of Audra Lane and Lattimore Street and is within a Neighborhood Residential 4 (NR-4) zoning district. The property is currently the site of the Faith Tabernacle Assembly of God church. APPLICANT: T-Mobile USA 7668 Warren Parkway Frisco, TX 75034 OWNER: Trustees of Faith Tabernacle Assembly of God 1101 Audra Lane Denton, TX 76202 REQUEST: Consider adopting an ordinance regarding a Specific Use Permit (SUP) to allow a telecommunications tower in an alternative mounting structure in a Neighborhood Residential zoning district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of this request (4-0), subject to the following conditions: 1.The applicant shall submit a letter to the Director of Planning annually to confirm the operational status of the tower and the cellular providers it is hosting. 2.The applicant shall design the tower to appear as a steeple, incorporating architectural features common to steeples and materials compatible with the existing church. COMPREHENSIVE The subject site is located within an area designated “Existing Land PLAN DESIGNATION: Use” by the Future Land Use portion of the Denton Plan. SITE AND The Faith Tabernacle Assembly of God church is currently located on SURROUNDINGS: the property. The subject site is within a Neighborhood Residential 4 (NR-4) zoning district. North: Neighborhood Residential 6 (NR-6) - Undeveloped, unplatted land South: Neighborhood Residential 4 (NR-4) - Ann Windle School for Young Children (Denton Independent School District), Audra Estates East: Neighborhood Residential 4 (NR-4) - Audra Estates, East Oaks Addition West: Neighborhood Residential 4 and 6 (NR-4, NR-6) - Fairoaks Retirement Apartments BACKGROUND The applicant is requesting a Specific Use Permit for the construction INFORMATION: of an alternative mounting structure for a telecommunications tower in a Neighborhood Residential zoning district, pursuant to Section 35.12.8 of the Denton Development Code (the Code). The applicant is proposing an alternative mounting structure for a telecommunications tower which will appear as an 85’ steeple associated with an existing church (Exhibit 9). The applicant held a neighborhood meeting on Monday, April 9, 2007; no members of the public attended the meeting. A public hearing was held by the Planning and Zoning Commission on September 26, 2007; the Commission recommends approval of the Specific Use Permit subject to the conditions outlined above. ANALYSIS: Development The Denton Development Code, Subsection 35.12.8.7, requires an Code/Zoning Analysis approved Specific Use Permit in order for an alternative mounting structure for a telecommunications facility to be used in a Neighborhood Residential zoning district. The applicant is proposing an alternative mounting structure that will appear as an 85’ steeple associated with the church existing on the property. The Code (35.12.8.1), defines an alternative mounting structure as “A man- made tree, clock tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas.” The proposed structure meets this definition of an alternative mounting structure. Criteria for approval of Specific Use Permits (SUPs) are provided in Subchapter 35.6.4 of the Code. The approval criteria for all SUPs state that specific permits shall be issued only if all of the following conditions have been met: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with The Denton Plan and federal, state, or local law. The proposed use is permitted within the zoning district with an SUP, therefore if an SUP is granted the tower would be in conformance with the Denton Development Code. Additionally, this wireless facility would be subject to 35.12.8. of the Code, which requires compliance with the Federal Telecommunication Act. B. A specific 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 other property nor significantly diminish or impair property values within the immediate vicinity; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. 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; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. Adequate infrastructure and utilities exist to support the proposed tower. Once constructed, the tower will not create any additional traffic or activity in the neighborhood, and the applicant will not be adding driveways, or changing the site layout of the property. The tower will be constructed behind the church, and the mechanical equipment at the base of the tower will be screened so as to blend in with the existing building. The back of the church property is treed (Exhibit 6), and the tower will not be easily visible by residents to the west. No lighting will be used on the tower. It is not likely that the proposed tower will be injurious to surrounding properties, or impair or diminish property values, or impede the orderly development of surrounding properties. C. That adequate capacity of infrastructure can and will be provided to and through the subject property. Adequate infrastructure and utilities exist to support the proposed tower. D. That the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in The Denton Plan. 7. Other factors found to be relevant to satisfy the requirements of this Chapter. The applicant has provided proposed elevations and schematics of the tower (Exhibit 9). The tower will not be similar in scale to the existing building or surrounding residential buildings, but is designed to appear as a steeple associated with the church, and materials compatible with the existing church will be incorporated into the steeple. Once constructed the tower will not generate any additional traffic or change the use of the land. In addition to the criteria for Specific Use Permits assessed above, telecommunications towers are subject to additional requirements. These requirements are provided in 35.12.8.3.A of the Code, and are as follows. 1.A detailed master antenna plan, clearly indicating the location of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, and other information deemed necessary by the Director. A Coverage Analysis Report was prepared by a third party and submitted to the City of Denton. The report (Exhibit 11) found that the wireless coverage for T-Mobile subscribers is “less than optimal” in, and around, the proposed location. 2.A legal description of the property and leased land, if applicable. A legal description of the lease area as well as the church property have been provided by the applicant, and reviewed by staff. 3.The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties. This information is included in Exhibit 9; the tower location meets the required 3:1 setback from residential structures. 4.The separation distance from other towers shown on an updated site plan or map. This information is included in the Coverage Analysis Report (Exhibit 11). 5.A landscape plan showing specific landscape materials. A landscape plan showing existing landscaping for the entire church property was submitted, however, no landscaping is planned, or required, for the tower site. The western property line is treed, and will minimize the view of the tower. The proposed tower is planned for construction on an area currently used as parking, so no landscaping will be removed or displaced with the construction of the tower. 6.Method of fencing and finished color and, if applicable, the method of camouflage and illumination. Solid screening will be provided at the base of the tower to screen mechanical equipment associated with the tower. The screening will be painted to be compatible with the existing building. The tower itself will be constructed of materials compatible with the existing church, and will be designed to appear as a steeple associated with the church.  DEPARTMENT AND The Development Review Committee reviewed the application for an AGENCY REVIEW: SUP, and all departments other than the Planning and Development Department submitted reviews of “no comment”. The Planning and Development review comments were either information only, or the comments have been addressed by the applicant through a revised submission and a third party coverage analysis report (Exhibit 11). FINDINGS: As described in the “Analysis” section of this report, the criteria for approval of a Specific Use Permit (SUP), per Subsection 35.6.4. of the Code, and the additional criteria required for telecommunications towers, per Subsection 35.12.8.3 of the Code, have been met by the applicant. EXHIBIT 2 LOCATON MAP EXHIBIT 3 EXISTING ZONING MAP EXHIBIT 4 FUTURE LAND USE MAP EXHIBIT 5 NOTIFICATION INFORMATION Public Notification Date: April 1, 2007 and September 2, 2007 * 200’ Legal Notices sent via Certified Mail: 25 Number of responses to 200’ Legal Notice: In Opposition: 3 In Favor: 1 Neutral: 2 * - A copy of the notification list is available at City Hall West, 221 EXHIBIT 6 SITE PHOTOS Public Hearing sign at the corner of Lattimore Street View of the church from the southern entrance to and Audra Lane the property, from Audra Lane View from the western property line towards the east, View of western property line looking from looking toward the rear of the church parking lot at rear of building EXHIBIT 7 LETTER FROM APPLICANT ÷äôóúóè ìðûîîóîõûîøâíîóîõùíïïóééóíîïóîçè÷éöêíïé÷ìè÷ïú÷ê  EXHIBIT 9 SITE LAYOUT AND ELEVATIONS FROM APPLICANT Site Layout and Legal Description Site Layout and Setback Detail Tower Detail Tower Elevation EXHIBIT 10 RESPONSES TO NOTICE OF PUBLIC HEARING ÷äôóúóè ùíæ÷êûõ÷ûîûðãéóéê÷ìíêè Wireless Professional Services ùÍÏÏÇÎÓÙÛÈÓÎÕùÍÏÏÇÎÓÙÛÈÓÍÎÉ DA03124 Coverage Analysis Report For T-Mobile Denton, TX Final Report Version 1.0 Issue Date: August 9, 2007 Prepared By: Wireless Professional Services, Award Solutions, Inc. Award Solutions, Inc. 2100 Lakeside Blvd. Suite 300 Richardson Texas - 75082 Phone: 972-664-0727 Fax: 972-664-0729 T-Mobile Denton, TX Coverage Analysis Report Page 1 Wireless Professional Services ùÍÏÏÇÎÓÙÛÈÓÎÕùÍÏÏÇÎÓÙÛÈÓÍÎÉ services@awardsolutions.com E-mail: Table of Contents 1EXECUTIVE SUMMARY....................................................................................................................................3 1.1KO.........................................................................................................................................3 EYBSERVATIONS 2PROJECT OVERVIEW........................................................................................................................................4 2.1P............................................................................................................................................................4 URPOSE 2.2A.........................................................................................................................................................4 PPROACH 2.2.1Coverage Analysis Process.......................................................................................................................4 2.2.2Coverage Metric Assumptions..................................................................................................................5 2.2.3Site Information........................................................................................................................................5 3COVERAGE ANALYSIS......................................................................................................................................6 3.1CI.............................................................................................................................................6 OVERAGE SSUES 3.2CC...............................................................................................................................10 OVERAGE ONCLUSIONS T-Mobile Denton, TX Coverage Analysis Report Page 2 Wireless Professional Services ùÍÏÏÇÎÓÙÛÈÓÎÕùÍÏÏÇÎÓÙÛÈÓÍÎÉ 1 Executive Summary Award Solutions is pleased to respond to T-Mobile’s request to provide an independent assessment of the current GSM coverage in the area to be served by T-Mobile’s proposed site DA03124. The area assessed is located in the northeast part of Denton, TX and consist of approximately 14 square miles of residential area surrounding the intended address of DA03124 (1101 Audra Lane, Denton, TX, 76202). T-Mobile is requesting Award Solutions’ services to validate that DA03124 is needed to provide T-Mobile’s customers better In-Car and In-Building coverage. This document summarizes results the of the drive test and coverage analysis done by Award Solutions, Inc. The drive test logs were collected by Award Solutions using the Invex 3G data collection tool, with a 1900 MHz GSM scanner. The scanner was configured to scan PCS C band, licensed to T-Mobile. Using Award Solutions proprietary software to process the Invex logs, the existing GSM coverage was analyzed and formatted to plot using MapInfo. 1.1Key Observations Further details related to key observations can be found in the “Coverage Analysis” section of this report. •T-Mobile shows low In-Building penetration with 37% of the drive route not meeting the In- Building threshold, in the areas surrounding the intended DA03124 site. • T-Mobile shows moderate In-Car penetration with 6% of the drive route not meeting the In-Car threshold, in the areas surrounding the intended DA03124 site. •T-Mobile, also, shows acceptable pedestrian penetration with 0.1% of the drive route not meeting the pedestrian threshold, in the areas surrounding the intended DA03124 site. T-Mobile Denton, TX Coverage Analysis Report Page 3 Wireless Professional Services ùÍÏÏÇÎÓÙÛÈÓÎÕùÍÏÏÇÎÓÙÛÈÓÍÎÉ 2Project Overview 2.1Purpose T-Mobile is utilizing Award Solutions’ expertise as an independent and neutral party to assess the current GSM coverage in the area to be served by T-Mobile’s proposed site DA03124. The area assessed is located in the northeast part of Denton, TX and consist of approximately 14 square miles of residential area surrounding the intended address of DA03124 (1101 Audra Lane, Denton, TX, 76202). 2.2Approach Based on intended location of DA03124, a drive route was determined. The intent was to drive the expected coverage area of DA03124, as well as the first tier of neighboring sectors. Drive test logs were collected by Award Solutions using the Invex 3G data collection tool, with a 1900 MHz GSM scanner. The scanner was configured to scan PCS C band, licensed to T-Mobile. Using Award Solutions proprietary software to process the Invex logs, the existing GSM coverage is analyzed and formatted to plot using MapInfo. 2.2.1 Coverage Analysis Process Figure 1 summarizes the Coverage Analysis process: Drive Test Data using Invex 3G GSM 1900 Scanner. Specific channel sets are scanned, and key coverage parameters are measured. RSSI thresholds are determined for each user environment: In Building In-Car Pedestrian Processing performed using: Award Proprietary Tools MapInfo Professional Final deliverables with reports, plots, and MapInfo files. Figure 1.Coverage Analysis process flow chart T-Mobile Denton, TX Coverage Analysis Report Page 4 Wireless Professional Services ùÍÏÏÇÎÓÙÛÈÓÎÕùÍÏÏÇÎÓÙÛÈÓÍÎÉ 2.2.2 Coverage Metric Assumptions The key coverage parameters measured for the analysis is the Received Signal Strength Indicator (RSSI) from the GSM scanners. The GSM scanner utilizes a magnetic mounted antenna located on the roof of the drive test vehicle. The gain of this antenna, the loss of the coaxial cable connecting it to the scanner, and the internal gain of the scanner are calibrated to achieve unity gain for the complete system. In this manner, the scanner measurements are indicative of the RSSI a pedestrian user would experience. In addition, the coverage for In-Car and In-Building can be estimated by using this scanner data and applying appropriate In-Car and In-Building penetration losses respectively. The offsets applied to the collected scanner data to estimate coverage for In-Building, In-Car, and Pedestrian are illustrated in Table 1. Scanner Offsets -20dB In-Building -10dB In-Car 0dB Pedestrian Table 1.Scanner Offsets per User Environment The RSSI thresholds used to determine GSM 1900 coverage for In-Building, In-Car, and Pedestrian traffic was based on Award Solution’s practical experience and is listed in Table 2. Acceptable RSSI for GSM 1900 -75dBm In Building -85dBm In-Car -95dBm Pedestrian Table 2.Thresholds used for Coverage Analysis 2.2.3 Site Information T-Mobile uses the GSM1900C band in the Denton BTA. This frequency band includes ARFCNs 737 to 811. Of these, T-Mobile uses 738 to 754 as BCCH channels. The site database for Denton Area is prepared 0from the T-Mobile Parameters File dated 07/31/2007. This site database was converted into MapInfo format in order to display of the results. T-Mobile Denton, TX Coverage Analysis Report Page 5 Wireless Professional Services ùÍÏÏÇÎÓÙÛÈÓÎÕùÍÏÏÇÎÓÙÛÈÓÍÎÉ 3Coverage Analysis 3.1Coverage Issues Coverage analysis is executed by using the Best Server’s Average RSSI values from the scanner measurements. The Invex data collection tool records data every second, on average. Award Solutions uses proprietary software which parses the Invex Binary Logs. The software averages the scanner data within a 25 X 25 meters grid (i.e. location based binning). Thus, excessive numbers of records at one location due to variability in vehicle speed is averaged out. For T-Mobile’s requirements, only the scanner analysis is being used for the coverage analysis. Figure 2 illustrates the drive route utilized, as well as the Best Server RSSI for each 25 x 25 meter grid point. In addition to the existing sites in the area, the proposed location of DA03124 is shown. As indicated by the violet circle, an area of marginal coverage is located northwest of DA03124. Figure 2.Coverage by Best Server Average RSSI T-Mobile Denton, TX Coverage Analysis Report Page 6 Wireless Professional Services ùÍÏÏÇÎÓÙÛÈÓÎÕùÍÏÏÇÎÓÙÛÈÓÍÎÉ By applying a -20 dB offset to the Scanner RSSI, the estimated coverage for In-Building users is shown in Figure 3. The red data points indicate 25 x 25 meter bins where the average RSSI was less that the In- Building threshold of -75 dBm. As the plot illustrates, a significant number of the data points are below the In-Building threshold. Figure 3.No In-Building Coverage Areas T-Mobile Denton, TX Coverage Analysis Report Page 7 Wireless Professional Services ùÍÏÏÇÎÓÙÛÈÓÎÕùÍÏÏÇÎÓÙÛÈÓÍÎÉ Figure 4 is the estimated coverage for In-Car users and is created by applying a -10 dB offset to the Scanner RSSI. The blue data points indicate 25 x 25 meter bins where the average RSSI was less that the In-Car threshold of -85 dBm. As shown, a significant number of the data points to the north of DA03124 are below the In-Car threshold of -85 dBm. Figure 4.No In-Car Coverage Areas T-Mobile Denton, TX Coverage Analysis Report Page 8 Wireless Professional Services ùÍÏÏÇÎÓÙÛÈÓÎÕùÍÏÏÇÎÓÙÛÈÓÍÎÉ By applying a 0 dB offset to the Scanner RSSI, the estimated coverage for Pedestrian users is shown in Figure 5. The violet data points indicate 25 x 25 meter bins where the average RSSI was less that the Pedestrian threshold of -95 dBm. As the plot illustrates, a minimal number of the data points are below the Pedestrian threshold. Figure 5.No Pedestrian Coverage Areas T-Mobile Denton, TX Coverage Analysis Report Page 9 Wireless Professional Services ùÍÏÏÇÎÓÙÛÈÓÎÕùÍÏÏÇÎÓÙÛÈÓÍÎÉ Table 3 is a statistical breakdown of the binned data. The total number of 25 x 25 meter bins within the drive route was 3284. Of this total, approximately 37%, or 1231 bins, did not meet the In-Building threshold. In addition, 5.8% of the data points (i.e. 190 bins) did not meet the In-Car threshold. On the other hand, the Pedestrian coverage is reasonable with only 4 bins (0.1% of the data points) not meeting the Pedestrian threshold of -95 dBm. 3284 (where T-Mobile’s Data is present) Total T-Mobile Points 121336.9% No In-Building 1905.8% No In-Car 40.1% No Pedestrian Table 3.Data Points Breakdown 3.2Coverage Conclusions As seen in Figure 1, the area between University Drive, FM Road 428, and Loop 288 indicates marginal to poor scanner coverage. In addition, there are no dominant servers seen in the same area. Based on scanner measurements and the applications of appropriate offsets, the estimated In-Building and In-Car penetration in the area of proposed site DA03124 is less than optimal. T-Mobile Denton, TX Coverage Analysis Report Page 10 Wireless Professional Services ùÍÏÏÇÎÓÙÛÈÓÎÕùÍÏÏÇÎÓÙÛÈÓÍÎÉ Award Solutions, Inc. 2100 Lakeside Blvd. Suite 300 Richardson Texas - 75082 Phone: 972-664-0727 Fax: 972-664-0729 services@awardsolutions.com E-mail: The information contained in this document is the property of Award Solutions, Inc. No part of this document may be reproduced or copied in any form or by any means - graphic, electronic, or mechanical including photocopying, recording, taping, or information storage and retrieval systems - without the express written permission of Award Solutions, Inc. No other party is authorized to grant such permission. © Award Solutions, Inc., 2005 T-Mobile Denton, TX Coverage Analysis Report Page 11 EXHIBIT 12 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. BACKGROUND On September 7, 2007, the Denton Central Appraisal District (DCAD) requested nominations to their Board of Directors from taxing jurisdictions in the district. The current DCAD Board Members include Rick Woolfolk (Denton), Lee Baker (Flower Mound), Pearl Ford (Roanoke), Doug Killough (Lewisville), and Charles Stafford (Denton). The number of votes a taxing unit has is determined by their proportional share of the total levy in the district from the prior tax year. There are a total of 5,000 votes throughout the district. One thousand votes are the maximum number needed to elect a local representative/nominee to the Board of Directors. This year, the City has 170 votes and DISD has 673 votes. On October 2, 2007, the City Council of the City of Denton, Texas, nominated Rick Woolfolk and Charles Stafford to serve on the DCAD Board of Directors. These two individuals were also nominated by the Denton Independent School District (DISD). On October 22, 2007, DCAD sent a memo (attached) to the City listing the candidates nominated by the taxing jurisdictions. Votes must be reported to DCAD by December 15, 2007. In prior years, DISD and the City have spread their votes between nominees. The City Council has the option of voting in a manner similar to DISD, another taxing jurisdiction or voting for any candidate of their choosing. SCHEDULE Applies only to every other year: Prior to Oct. 1 - DCAD notifies taxing entities of the number of votes they are entitled to cast for appropriating board members. Prior to Oct. 15 - Nominations for DCAD Board of Directors are submitted to DCAD by each jurisdiction (via resolution). Prior to Oct. 30 - DCAD compiles comprehensive list of nominees and forwards list to each taxing unit in ballot forms. Agenda Information Sheet November 6, 2007 ovem Page 2 th Prior to Dec. 15 - Taxing units choose by written resolution a candidate(s). Name(s) of candidate(s) are submitted to DCAD along with the number of votes for each candidate. st Prior to Dec. 31 - DCAD tabulates votes and forwards results to taxing units. The five (5) candidates with the most votes become the Board of Directors as of January 1. Eligibility Guidelines: The selection process is set forth in Section 6.03 of the Property Tax Code. This process unique to the property tax system. An appraisal district director must reside in the appraisal district for at least two (2) years immediately preceding the date he or she takes office. Most residents are eligible to serve as a director. Most residents are eligible to serve as a director. An individual that is serving on the governing body of a city, county, or school district is eligible to serve as rector. An employee of a taxing unit served by the appraisal district is not eligible to serve as a director. However, if the employee is an elected official, he or she is eligible to serve. A statute relevant to the Board selection process prohibits nepotism and conflict of interest for appraisal district directors and chief appraisers. In summary, the law states that: rson may not serve as director if closely related to anyone in the appraisal district or if related to anyone who represents owners in the district, or if the person has an interest in a business that contracts with the district or a taxing unit. A chief appraiser EXPERIENCE In considering individuals to serve as directors, taxing units should look for expertise in such areas as accounting, finance, management, personnel administration, contracts, computers, real estate or taxation. Historical involvement in local government activities also indicates that someone should make an excellent Board member. Agenda Information Sheet November 6, 2007 Page 3 FREQUENCY OF MEETINGS The applicable statutes require the board of directors to meet not less often than once each calendar quarter. The DCAD Board meets more often than is required by law. FISCAL INFORMATION There is no fiscal impact to the City of Denton. EXHIBITS DCAD Memo 2007 Distribution of Votes Nominee Information Resolution Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a Resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. BACKGROUND The Appraisal Review Board (ARB) is a body specifically charged with the responsibility of reviewing protested appraisal records. They meet primarily between May and July and as needed thereafter. Members of the ARB serve two-year staggered terms. Approximately half the provided by the taxing jurisdictions and appointed by the Denton Central Appraisal District (DCAD) Board of Directors by a majority vote. City Council may submit as many nominations as they desire. Attached is a brief summary of qualifications for appointment to the ARB, and a questionnaire. Nominees must complete and return the questionnaire to the DCAD by November 15, 2007. The Board of Directors is scheduled to make their selection during their December meeting. A list of the current members is also attached. There are seven members whose terms will expire in December 2007. Four of the seven members, Bill James (Corinth), Jack Weir (Denton), Howard Creamer (Little Elm), and Patrick Carr, Jr., (Trophy Club) have served all or part of three previous terms and are ineligible for reappointment. The DCAD Board of Directors is requesting nominations for these four vacancies. The remaining three members with expiring terms are eligible for reappointment. FISCAL INFORMATION There is no fiscal impact to the City. Agenda Information Sheet November 6, 2007 Page 2 EXHIBITS Appraisal Review Board Information 2007 Appraisal Review Board Members Resolution Respectfully submitted: Bryan Langley Director of Finance Denton Central Appraisal District 3911 Morse Street, P O Box 2816 Denton, Texas 76202-2816 (940) 349-3800 2007 APPRAISAL REVIEW BOARD ÝËÎÎÛÒÌ ÌÛÎÓ ÛÈÐ×ÎÛÍ ÌÛÎÓ ÞÛÙ×ÒÍ ÌÛÎÓ ÛÒÜÍ st 1. Original Term January 2002 12/31/2007 1 Term: 01/01/2002 12/31/2003 nd BILL JAMES 2 Term: 01/01/2004 12/31/2005 rd 3601 Derby Run 3 Term: 01/01/2006 12/31/2007 Corinth, TX 76210 940-321-1117 st 2. Original Term January 2002 12/31/2007 1 Term: 01/01/2002 12/31/2003 nd JACK WEIR 2 Term: 01/01/2004 12/31/2005 rd 1212 Vista Verde 3 Term: 01/01/2006 12/31/2007 Denton, TX 76210 940-484-8302 st 3. Original Term January 2003 12/31/2007 1 Term: 01/01/2003 12/31/2003 nd HOWARD CREAMER 2 Term: 01/01/2004 12/31/2005 rd P.O. Box 289 3 Term: 01/01/2006 12/31/2007 Little Elm, TX 75068 972-292-2212 st 4. Original Term January 2003 12/31/2007 1 Term: 01/01/2003 12/31/2003 nd PATRICK CARR, JR. 2 Term: 01/01/2004 12/31/2005 rd 1116 Trophy Club Dr. 3 Term: 01/01/2006 12/31/2007 Trophy Club, TX 76262 817-491-1153 st 5. Original Term January 2003 12/31/2008 1 Term: 01/01/2003 12/31/2004 nd PATRICIA STEELE 2 Term: 01/01/2005 12/31/2006 3507 Buckingham 3rd Term: 01/01/2007 12/31/2008 Corinth, TX 76210 940-498-9406 st 6. Original Term January 2003 12/31/2008 1 Term: 01/01/2003 12/31/2004 nd SHIRLEY HAISLER 2 Term: 01/01/2005 12/31/2006 rd 1200 Cowling Rd. 3 Term: 01/01/2007 12/31/2008 Sanger, TX 76266 940-458-3678 st 7. Original Term January 2003 12/31/2008 1 Term: 01/01/2003 12/31/2004 nd HURL SCRUGGS, JR. 2 Term: 01/01/2005 12/31/2006 rd 712 Knollridge Dr. 3 Term: 01/01/2007 12/31/2008 Lewisville, TX 75067 972-221-4323 ÝËÎÎÛÒÌ ÌÛÎÓ ÛÈÐ×ÎÛÍ ÌÛÎÓ ÞÛÙ×ÒÍ ÌÛÎÓ ÛÒÜÍ st 8. Original Term January 2003 12/31/2008 1 Term: 01/01/2003 12/31/2004 nd BETTY MCCRARY 2 Term: 01/01/2005 12/31/2006 rd 1474 College Parkway 3 Term: 01/01/2007 12/31/2008 Lewisville, TX 75077 972-221-1965 st 9. Original Term - January 2002 12/31/2008 1 Term: 01/01/2002 12/31/2003 nd LOUIS HALL 2 Term: 01/01/2005 12/31/2006 717 E. Roewe St. 3rd Term: 01/01/2007 12/31/2008 Pilot Point, TX 76258 940-686-0062 st 10. Original Term - January 2005 12/31/2008 1 Term: 01/01/2005 12/31/2006 nd WILLIAM E. HOSKINS 2 Term: 01/01/2007 12/31/2008 rd 4305 Essex Ct.. 3 Term: Flower Mound, TX 75028 972-539-7574 st 11. Original Term January 2005 12/31/2008 1 Term: 01/01/2005 12/31/2006 nd WAYNE GILLUM 2 Term: 01/01/2007 12//31/2008 rd 504 South Kirby 3 Term: Pilot Point, TX 76258 940-686-2708 st 12. Original Term - January 2005 12/31/2008 1 Term: 01/01/2005 12/31/2006 nd DONALD L. MILLER 2 Term: 01/01/2007 12/31/2008 rd 6710 Oliver Creek Road 3 Term: Justin, TX 76247 940-648-3387 st 13. Original Term January 2007 12/31/2007 1 Term: 01/01/2007 12/31/2007 nd JOHN DUFFY 2 Term: rd 1513 Vista Verde 3 Term: Denton, TX 76210 940-387-2601 st 14. Original Term January 2007 12/31/2007 1 Term: 01/01/2007 12/31/2007 nd LINDA FRANKLIN 2 Term: rd 508 Hill St. 3 Term: Aubrey, TX 76227 940-365-2552 st 15. Original Term January 2007 12/31/2007 1 Term: 01/01/2007 12/31/2007 nd JACKIE CARPENTER 2 Term: rd P. O. Box 214 3 Term: Argyle, TX 76226 940-464-1120 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT A07-0001 (Westview Commercial Annexation) Consider adoption of an ordinance on second 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 3) is currently undeveloped except for 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 request was brought before the City Council on September 16, 2007 to consider adoption of an ordinance on first reading the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan. 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 st 1 Reading of the Ordinance September 16, 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 Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development Prepared by: Lori Shelton, AICP Planner II 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 EXHIBIT 8 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT A07-0004(Wild Mustang Crossing 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 0.123 acres of land, contiguous and adjacent to the City of Denton generally located to the northeast of F.M. 2181/ Teasley Lane approximately 200 feet west of Old Alton Road in the southwestern portion of Denton's Extraterritorial Jurisdiction (ETJ). The property is legally described as a tract of land situated in the J Baker Survey, Abstract No. A0047A, Denton County, Texas. The Planning and Zoning Commission recommends the annexation proceed as scheduled (5-0). BACKGROUND Applicant: Wild Mustang Crossing, Ltd. Dallas, TX A voluntary annexation proceeding is being considered by the City of Denton for the Wild Mustang Crossing. The property is one of three abutting parcels owned by the applicant. This property is located to the immediate south of Guyer High School. The following items summarize the proposed annexation and important actions taken: The application for the annexation was received by staff on August 6, 2007. Letters to adjacent property owners also in the ETJ were mailed on August 24, 2007 to see if they would be interested in adding their property to the annexation request. Staff has received no response from the two adjacent property owners. On Friday, August 24, 2007, the City Council was informed (reading file) of the request for the voluntary annexation proceedings for approximately 0.123 acres of land legally described as a tract of land situated in the J Baker Survey, Abstract No. A0047A, Denton County, Texas. On October 2, 2007, the City Council held the first of two required public hearings to consider the voluntary annexation and service plan. On October 16, 2007, the City Council held the first of two required public hearings to consider the voluntary annexation and service plan. The Planning and Zoning Commission recommended the annexation proceed as scheduled at their meeting on October 24, 2007. The entire area proposed for annexation is located within City of Denton’s Extra- territorial Jurisdiction (ETJ) and is not zoned. The Comprehensive Plan identifies this area to be within an Exisitng Land Use designation. The annexation is scheduled for completion on December 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 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. However, staff did contact adjacent properties east of the subject site to ascertain their interest in annexing to the City, and as of this writing staff has received no response from the property owners. OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION The Planning and Zoning Commission recommends the annexation proceed as scheduled (5-0). PRIOR ACTION/REVIEW (Council, Boards, Commissions) October 2, 2007 First City Council Public Hearing October 16, 2007 Second City Council Public Hearing October 24, 2007 Planning and Zoning Commission Public Hearing 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. EXHIBITS 1.Location Map 2.Annexation Schedule Summary 3.Service Plan 4.Service Area Analysis 5.Petition for Annexation 6.Notification Map 7.Minutes 8.Ordinance Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development Prepared by: Lori Shelton Planner II EXHIBIT 1 Location Map EXHIBIT 2 Annexation Summary Schedule Wild Mustang Crossing, Ltd. Annexation st Notices to Intent to Annex (30 day prior to 1 PH) will be sent on August 31, 2007. 10/2/07 Tuesday, City Council conducts first public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Annexation Study prepared and available for public review. Service Plan prepared and available for public review. 10/16/07 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. 10/24/07 Wednesday, Planning and Zoning Commission public hearings –make a recommendation to City Council regarding the proposed annexation. 11/6/07 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. 11/11/07 Sunday,Ordinance published The ordinance cannot be acted upon until at least 30 days after publication. 12/11/07 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 could be held any time between December 11, 2007 and February 4, 2008. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local st Government Code requires that City Council institute annexation proceedings (1 Reading of the 20 days after the second City Council public hearing but less than 40 Ordinance) more than days from the first City Council public hearing. EXHIBIT 3 Service Plan CITY OF DENTON SERVICE PLAN FOR A07-0004 – Wild Mustang Crossing Annexation AREA ANNEXED The annexation area is located in the southern portion of Denton’s Extraterritorial Jurisdiction and contains approximately 0.123 acres of land generally located generally located northeast of the bend of F.M. 2181/ Teasley Lane, west of Old Alton Road to the immediate south of Guyer High School and legally described as Tracts 9 & 10 in the J. Baker Survey, A1403A. 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 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. AD VALOREM (PROPERTY OWNER) TAX SERVICES 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. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 3.5 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services (“EMS”). 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. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. 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. 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. 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. UTILITY (RATEPAYER) SERVICES Solid Waste Collection Each residential address will be provided a wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly bulky item collection service is provided. Weekly curbside recycling services are provided by Allied Waste Services. Contact Allied at 1-800-766-1758 to obtain curbside recycling information. Each residential customer’s refuse cart service, curbside recycling service, bulky item collection service, and yard waste service will occur the same day of each week. Please telephone Customer Service, 940-349-8787, to answer any remaining questions, and sign up for service. Commercial Refuse Service 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 type and volume 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 container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. Commercial roll-off containers are available for construction materials. 20 and 30 cubic yard containers. Compactor service is available. Contact the City of Denton Customer Service Office, 940-349-8787, to obtain commercial container sizes, and rates. 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. Water/Wastewater Facilities There are no water facilities and no 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. 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. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Denton Municipal Electric is the current electric service provider for this site. 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. 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. 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. 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. 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 Service Area Analysis A07-0004 – Wild Mustang Crossing The Planning and Development Department has received a request for voluntary annexation and service plan for approximately 0.123 acres of land, contiguous and adjacent to the City of Denton generally located to the northeast of F.M. 2181/ Teasley Lane approximately 200 feet west of Old Alton Road in the southwestern portion of Denton's Extraterritorial Jurisdiction (ETJ). Size: 0.123 acres Location: Northeast of F.M. 2181/Teasley Lane approximately 200 feet west of Old Alton Road Proposed use: Unknown Proposed zoning: Rural Development 5 (RD-5) 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 has no direct access to an arterial or collector road. It is expected that the property will develop in conjunction with two other adjacent parcels under the same ownership as the subject site. The other two parcels have direct access to a primary major arterial. Future Land Uses. The proposed annexation area is within the Existing Land Use designation. Existing land uses: The subject property currently has agricultural buildings on it. Prominent natural features: There are no prominent natural features on the site. Proximity to other service providers: Based on the current data, there are no sewer or water lines on the subject property. SERVICE AREA ANALYSIS A07-0004 – Wild Mustang Crossing FIRE 1.Fire and Emergency Medical Services can be provided to the area from station(s) # - __6___, located at_3232 Teasley Ln. 2.Estimated response time. __5___ minutes 3.Appropriate response time in the City. __5___ minutes 4.Is a new fire station approved in the CIP that could serve this area? _No__ If yes, what is the CIP program year? _N/A_ 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? _N/A_ 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 October 31, 2007 ______________________________ _______________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0004 – Wild Mustang Crossing 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 Cross Timbers Park, 1.5 miles to the northwest. The DISD Guyer High School is adjacent to this site and offers some recreational opportunities to the general public. 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: Bob Tickner, Superintendent of Park Planning and Development, 940-349-8275 Person to contact if there are questions Date: 9-18-07 SERVICE AREA ANALYSIS A07-0004 – Wild Mustang Crossing Police 1.Estimated average response time for this area based on current department conditions: Non-Emergency Response Time is 19 minutes. 2.Appropriate average response time in the city based on current department conditions: See Question 1 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? N/A Additional Comments: Scott Langford 10-22-07 _______________________________ _____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0004 – Wild Mustang Crossing 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 the proposed annexation area contains approximately 0.123 acres of land, the annexation and development of Wild Mustang Crossing 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 average for the legal service area population served by the Denton Public Library (DPL). 5.Is there an accepted employee to population ratio that can be used for planning purposes? Yes; according to the Texas Public Library Standards it is 1 FTE per 1,000 population and 1 MLS (Master of Library Science) per 8,000 population. 6.If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes, with the planned expansion of South Branch. 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 annexation will not impact the current level of library services. Eva Poole, Director of Libraries September 14, 2007 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0004 – Wild Mustang Crossing 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 Cost Personnel. Incremental Cost 4.What is the typical revenue collected per: Household. Three residential refuse cart sizes are available. Commercial Business Varies by container and service level. 5.Will additional equipment be needed to serve this area if annexed or developed? No Type of Equipment. NA Cost of Equipment. NA 6.Will additional employees be needed to serve this area if annexed or developed? No Type of Employees. NA 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: Please contact Customer Service, 940-349-8787, for residential refuse and commercial refuse collection rates. S. Lebsack, 940-349-8069 9/18/07 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0004 – Wild Mustang Crossing 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 10/19/07 _____________________________ _____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0004 – Wild Mustang Crossing 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. _____ Location of sewer line. _____ 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 _____ _____ _____ 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 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 this Additional Comments: department. 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 A07-0004- Wild Mustang Crossing Water 1.What is the nearest City of Denton water line? a.Size of water line. _____ b.Location of water line. _____ c.Distance from proposed annexation. _____ 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. 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? c.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 this Additional Comments: department. 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 A07-0004 – Wild Mustang Crossing 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? None Name and location Type of Improvement Approximate Cost 2.Are any of these improvements presently scheduled to be done at state or federal expense? _yes_ If yes, please identify facility and anticipated date improvements will begin. _Improvements to FM2181 by TxDOT to a 6 lane divided - project improvements 2010_ 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). _____ Storm water runoff from this area eventually drains to Bryant Branch Tributary 1 and then to Hickory Creek. No drainage improvements are anticipated at this time to be constructed as a result of this annexation. 4.Will additional equipment and facilities be needed as a specific result of this annexation and development? _no_. If yes, what type of equipment or facility? _____ 5.Please comment on the cumulative impact of annexation and development. none At what population level would additional equipment be required? _N/A_ Is there an accepted equipment to population ratio that can be used for planning purposes? _no__ Is there an accepted employee to population ratio that can be used for planning purposes? __no___ Additional Comments: none ____Bernard Vokoun_____________ ___10-26-07 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0004 – Wild Mustang Crossing 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 5 Petition for Annexation EXHIBIT 6 Notification Map Public Notification Date: October 12, 2007 * 200’ Legal Notices sent via Certified Mail: 3 Number of responses to 200’ Legal Notice: In Opposition: 0 In Favor: 0 Neutral: 0 * - A copy of the notification list is available at City Hall West, 221 N. Elm Street, Denton, TX EXHIBIT 7 Planning and Zoning Meeting Minutes AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT A07-0005(Clear Creek Natural Heritage Area 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 1018 acres of land generally located west of the Elm Fork tributary of the Trinity River, east of Collins Road, and north of US 380, (Exhibit 1). The Planning and Zoning Commission recommends the annexation proceed as presented 5-0. BACKGROUND Applicant: City of Denton Denton, TX An annexation proceeding is being considered by the City of Denton for a portion of the Clear Creek Natural Heritage Area and Greenbelt Trail. The ownership of the property is the U.S. Army Corps of Engineers. The subject property is currently developed with a Nature Center and a Trail System. The proposed annexation is being initiated by the City of Denton. Annexation of the Clear Creek Natural Heritage Area site will be addressed in two phases. Phase one will consist of the western portion of the property in this annexation. This will bring the Nature Center and all areas currently being used for education activities into the city limits. Phase one is generally located west of the Elm Fork tributary of the Trinity River, east of Collins Road, and north of US 380, (Exhibit 1). Phase two will annex an area north of this annexation area up to Elm Bottom Circle Road. This portion is also subject to the Wildlife Management portion of the City of Denton’s lease with the US Army Corps of Engineers. The following items summarize the proposed annexation and important actions taken: On October 24, 2007, Planning and Zoning Commission held a public hearing regarding the proposed annexation. On October 16, 2007, City Council held the second of two public hearings. On October 2, 2007, City Council held the first of two public hearings. On August 31, 2007, staff received direction from the City Council to pursue annexation proceedings for the subject property. The subject property 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 100 Year Floodplain and a Neighborhood Centers land use designation. The annexation is scheduled for completion on December 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 property is not within a platted lot; any subdivision or reconfiguration of the subject property will be subject to the City’s subdivision regulations. Incorporation of this site into the City would not require additional properties. Public notification information is provided in Exhibit 5. As of this writing, staff has received twelve (12) responses from property owners within 200 feet of the subject site, eleven (11) are in opposition and one is neutral. On Thursday, October 11, 2007, the Planning Department hosted a neighborhood meeting with residents adjacent to the proposed Clear Creek Natural Heritage Area Annexation. A summary of the meeting is presented in a Memorandum, attached as Exhibit 7. 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 5-0. PRIOR ACTION/REVIEW (Council, Boards, Commissions) October 2, 2007 First City Council Public Hearing October 16, 2007 Second City Council Public Hearing October 24, 2007 Planning and Zoning Commission Public Hearing 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. EXHIBITS 1.Location Map 2.Annexation Schedule Summary 3.Service Plan 4.Service Area Analysis 5.Notification Information 6.Responses to public hearing notice 7.Neighborhood Meeting Memorandum 8.Planning and Zoning Commission public hearing minutes 9.Ordinance will be distributed at the Council meeting. Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development Prepared by: Ron Menguita Planner III EXHIBIT 2 ANNEXATION SUMMARY SCHEDULE A07-0005 – Clear Creek Natural Heritage Area Annexation st Notices to Intent to Annex (30 day prior to 1 PH) will be sent on August 31, 2007. 10/2/07 Tuesday, City Council conducts first public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Annexation Study prepared and available for public review. Service Plan prepared and available for public review. 10/16/07 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. 10/24/07 Wednesday, Planning and Zoning Commission public hearings –make a recommendation to City Council regarding the proposed annexation. 11/6/07 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. 11/11/07 Sunday,Ordinance published The ordinance cannot be acted upon until at least 30 days after publication. 12/11/07 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 could be held any time between December 11, 2007 and February 4, 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 CITY OF DENTON SERVICE PLAN FOR A07-0005 – Clear Creek Natural Heritage Area Annexation I.AREA ANNEXED The annexation area is generally located west of Elm Fork of the Trinity River, east of Collins Road, and north of US 380. 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. 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 10 minutesStation #42110 E. Sherman Dr. from , located at 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 The closest Denton Parks properties to the proposed annexation area are Avondale Park 2.5 miles to southwest, Water Works Park and Natatorium Pool complex 2.85 miles to west, and the Greenbelt Trail 1.1 mile to the east and north. 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 due to existing open space land at Clear Creek Nature Center and the Greenbelt trail. Code enforcement will also be provided to the property upon the effective date of the annexation. 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 100 Year Floodplain 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 no 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 SERVICE AREA ANALYSIS A07-0005 – Clear Creek Natural Heritage Area Annexation The Planning and Development Department has received a request for annexation of approximately 1,003 acre generally located west of Elm Fork of the Trinity River, east of Collins Road, and north of US 380. Size: 1,003 acre Location: West of Elm Fork of the Trinity River, east of Collins Road, and north of US 380 Proposed use: Parks and Open Space Proposed zoning: Unknown 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 bordered by Collins Road to the west and US 380 to the south. The Mobility Plan designates portions Collins Road as a Collector Road and US 380 as a Primary Major Arterial. Future Land Uses. The proposed annexation area is within the 100 Year Floodplain and Neighborhood Centers land use designations. Existing land uses: The subject property is currently developed with a Nature Center and Trail System. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that this property contains ESA – Undeveloped Floodplain, Upland Habitat and Riparian Buffers. The majority of the property is within the 100-year floodplain. Proximity to other service providers: This property is along the northeastern border of the City of Denton. Based on the current data, there is no sewer line or water line in close proximity to the subject property. 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 September 14, 2007 Planning and Development Department by , and call 349-8328 if there are any questions. SERVICE AREA ANALYSIS A07-0005 – Clear Creek Natural Heritage Area Annexation Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 42210 E. Sherman Drive , located at . 10 minutes 2. Estimated response time. 5 minutes 3. Appropriate response time in the City. 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? Additional Comments: Rick Jones, Fire Marshal September 18, 2007 _______________________________ _______________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0005 – Clear Creek Natural Heritage Area Annexation Parks and Recreation 1. What neighborhood park and recreational facilities are currently serving this area or are None capable of serving this area if annexed and/or developed (federal, state, or local)? are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are Avondale Park 2.5 miles to southwest, Water Works Park and Natatorium Pool complex 2.85 miles to west, and the Greenbelt Trail 1.1 mile to the east and north. The Army Corp of Engineers open space property is bordered on the east of this annexation. 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 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 due to existing open space land at Clear Creek Nature Center and the Greenbelt trail. In the event new residential development occurs in the annexation area, a neighborhood park may be necessary. 2.5(to be dedicated at time of Neighborhood Parks: acres per 1,000 population development) . 5 acres minimum size. by the 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: per 1,000 population. 30 minimum size. _____ cost per square foot. 3. How much additional funding will be needed for maintenance if additional park facilities $172,700.00 are developed to serve this area? $3,454 cost per acre. _____ cost per square foot. 4. How many additional personnel would be needed to properly serve this area if annexed No additional personnel for Parks maintenance required at this and developed? time. However additional resources will be required for maintenance of the Clear Creek Natural Heritage Center as it develops. _____ 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 additional personnel per 1,000 population service) ; $40,000 per year cost per additional personnel Additional Comments: Bob Tickner, Superintendent of Park Planning and Development September 18, 2007 _______________________________ ___________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0005 – Clear Creek Natural Heritage Area Annexation Police 1. Estimated average response time for this area based on current department conditions: 12 Priorityminutes 25 Non-priority minutes 20 Average minutes 2. Appropriate average response time in the city based on current department conditions: 12 Priority minutes 25 Non-priority minutes 20 Average minutes 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? _____ None. 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. 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? No. Additional Comments: As this will not be developed with residences, we do not expect our call load to be significantly impacted by this annexation. Scott Langford September 19, 2007 ________________________________ _____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0005 – Clear Creek Natural Heritage Area Annexation Library 1. Estimated additional funding needed strictly based on proposed annexation and $0.00 development. Since the 2. Please comment on the cumulative impact of annexation and development. proposed use of the annexation area is for parks and open space, the annexation and development of this property 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 average for purposes? 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; according to the Texas Public Library Standards it is 1 FTE per purposes? 1,000 population and 1 MLS (Master of Library Science) degreed librarian per 8,000 population. 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? Additional Comments: The annexation of this property will not impact the current level of library services. Eva Poole, Director of Libraries September 14, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0005 – Clear Creek Natural Heritage Area Annexation Solid Waste Yes. 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? 3. What is the estimated cost to provide this area with solid waste service? Incremental cost only. Equipment and Maintenance. Incremental cost only. Personnel. 4. What is the typical revenue collected per: N/A Household. Based on service level. Commercial Business No. 5. Will additional equipment be needed to serve this area if annexed or developed? None Type of Equipment. N/A Cost of Equipment. No. 6. Will additional employees be needed to serve this area if annexed or developed? N/A Type of Employees. None 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? Additional Comments: Scott Lebsack September 12, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0005 – Clear Creek Natural Heritage Area Annexation Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? 11,000 feet Overhead line 2. What type of lines and facilities would be required to serve this area? extension of 11,000 feet No. 3. Are any new lines or facilities proposed for construction to serve this area? Street lighting of 4. Are there any potential responsibilities if this area is annexed? public roads 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: Multiple electrical utilities are certified to provide electric service in this area. Electric service by DME will be per DME Electric Service Standards available at dmepower.com. Don McLaughlin September 13, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0005 – Clear Creek Natural Heritage Area Annexation Water/Wastewater 1. What is the nearest City of Denton water line? 12 Inch Size of water line. Lakeview Blvd. & Hwy 380 Location of water line. 4,750 feet Distance from proposed annexation. 2. What is the nearest City of Denton sewer line? Size of sewer line. _____ Location of sewer line. _____ 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 No lines planned for this area Water lines Sewer lines _____ _____ _____ No 4. Are there any City of Denton lines included in the proposed annexation? 5. Please comment on the cumulative impact of annexation and development 18,750. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning one crew per 18,750 population. purposes? Is there an accepted employee to population ratio that can be used for planning one employee per 5,770 population. purposes? Additional Comments: The annexation is within USACOE 1135 project boundaries and mostly floodplain. No water service to this area was included in current city master planning efforts. As of this writing, Planning has not received a response from the Wastewater Department. As soon as information is received, it will be included in the Service Area Analysis. Tim Fisher September 21, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0005 – Clear Creek Natural Heritage Area 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 See additional comments 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 Most of the annexation property is within the comments concerning drainage). floodplains of the Elm Fork Trinity River and Clear Creek, and could not be developed according to the requirements of the current Denton Development Code. Drainage improvements: Existing flooding occurs on Collins Road, about 2,800-feet south of Hartlee Field Road where an unnamed tributary draining over 1,000-acres crosses the road at two locations. The two existing culvert crossings are ancient steel pipe arches; the ages of these structures are unknown. This extent of flooding across the narrow 2-lane road is a safety hazard to traffic. Culvert improvements are not currently planned at this location. The required improvements to bring the stream crossing into compliance with the Development Code would be significant. The area is flat and the roadway would have to be elevated above the flood level, and large box culverts or a bridge and some channelization would be required to contain the flow under the roadway. The cost for these improvements is expected to exceed $500,000. It may be necessary to install flood warning gates across Collins Road at this location, at a cost estimated to be $80,000 as an interim measure. 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. 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 N/A purposes? Is there an accepted employee to population ratio that can be used for planning N/A purposes? Additional Comments: There are currently no proposed roadways shown on the mobility plan in this area. A Traffic Impact Study will be required to determine roadway and circulation requirements. Ed Witkowski September 10, 2007 Bud Vokoun October 10, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0005 – Clear Creek Natural Heritage Area Annexation Denton Independent School District Services are provided by the Denton 1. Education services are currently provided by: Independent School District. In 1999, Denton ISD, UNT and the City of Denton partnered to develop the Clear Creek Natural Heritage Center to facilitate environmental and habitat education. Denton ISD allocated $110,000 in bond funds to assist with development of the center. Denton ISD has applied $40,000 toward the development of a preliminary master plan. Currently, the district’s second and fifth grade students are utilizing the center for nature and environmental studies. 2. If annexed, can anticipated service demands be met using existing materials, facilities Additional facilities and staff will be required to develop and and personnel? support DISD environmental and habitat education programming. 3. If not, how many additional employees and what type of facilities and materials will be To be determined by future programming needed to provide services? requirements. 4. Estimate additional funding needed strictly based on proposed annexation and To be determined by future programming requirements. development. N/A 5. Will projected school taxes from this development provide that additional funding? 6. Please comment on the cumulative impact of annexation and development. Annexation of the Clear Creek Natural Heritage Area will provide services to support planned environment and habitat education facilities and programming. 7. At what population level would other school facilities be required for the City of Denton? DISD’s 2007 enrollment is projected to be 21,000 students. The district’s enrollment will be at 39,000+ students by 2018. Future facility needs will be determined by program needs and funding. 8. Is there an acceptable employee to population ratio that can be used for planning See response to #7 purposes? Additional Comments: Gene Holloway (940-369-0097) October 11, 2007 ________________________________ ____________ 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  ÛÈØ×Þ×Ì ê ÛÈØ×Þ×Ì é Planning and Development Department * 221 N. Elm *Denton, Texas 76201 (940) 349-8328 * Fax (940) 349-7707 Memorandum To: Brian Lockley, Interim Director of Planning and Development From: Ron Menguita, Planner III Date: October 12, 2007 RE: Clear Creek Natural Heritage Area Annexation Neighborhood Meeting On Thursday, October 11, 2007, the Planning Department hosted a neighborhood meeting with residents adjacent to the proposed Clear Creek Natural Heritage Area Annexation. Of the 80 notices mailed, approximately 16 individuals attended the meeting. The main concerns expressed by the property owners in attendance can be best summarized as follows: Change of lifestyle – the annexation will limit their access to the Corp property by potentially installing a fence along their property and enforcing hours of use. Future annexation – the property owners expressed their concern that their property currently within the ETJ will be annexed next. More people – the annexation will increase the number of people visiting the area after hours. Adequate response – the City is not equipped to respond to emergency calls to the area considering the terrain and limited vehicular access. In addition to the concerns expressed, the property owners offered the following suggestions: Revise the annexation area to only include the Corp property north of the Union Pacific Railroad. Approach the County Sheriff’s Department to coordinate with the City of Denton to establish a mutual agreement to provide the City of Denton Police Department jurisdiction within the proposed annexation area. EXHIBIT 8 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Utilities ACM: Howard Martin, 349-8202 ________________________________________________________________________ SUBJECT Consider approval of a resolution of the City Council of the City of Denton authorizing the acceptance of deed restrictions prohibiting the use of designated groundwater from beneath the property, containing approximately 8.2424 acres located at the southwest corner of Interstate 35 and US Highway 380, Denton, Texas as described in Exhibit “A”, to facilitate certification of a Municipal Setting Designation (“MSD”) of said property by the Texas Commission of Environmental Quality (“TCEQ”), pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date. BACKGROUND th In 2003, the 78 Texas Legislature passed a Municipal Setting Designation (MSD) law concerning requirements for removing contaminants from groundwater. The law authorizes the Texas Commission on Environmental Quality (TCEQ) to receive, process, and certify MSD applications for properties with contaminated groundwater that are located within the corporate limits or extraterritorial jurisdiction of municipalities. However, the TCEQ will only certify MSD applications if there is municipal support, which is typically demonstrated through a municipal resolution or ordinance. The MSD law provides a new alternative for persons who wish to voluntarily address groundwater contamination. In effect, the MSD law sets conditions for MSD properties that limit the requirements for contaminated groundwater to be remediated to potable water standards. MSDs are applicable in cases where the designated groundwater is not currently used for potable water and will likely not be used for potable purposes in the future. The MSD ensures groundwater exposures will be minimized by establishing restrictive conditions that specifically prohibit the future uses of designated groundwater for potable purposes. This prohibition must be in the form of a resolution or ordinance that is enforceable by the City. The resolution or ordinance, in turn, requires establishment of a deed restriction prohibiting the use of the designated groundwater for potable purposes, and specifies that this deed restriction must be filed in the County property records of the site. The purpose of the MSD law is to provide a less expensive and faster alternative to existing state environmental regulations concerning groundwater. In general, the MSD law recognizes that in some locations, no one is using groundwater as a potable water source in the vicinity of a contaminated groundwater zone. The law further recognizes that use of the designated groundwater as a future potable source is unlikely because a public supply that relies on another source of water is available. In such cases, a prohibition is placed on the designated groundwater beneath the MSD property to prevent the use of the contaminated groundwater. The MSD thus ensures that public health is protected by establishing a legal mechanism that eliminates the possibility of the designated groundwater being used for potable purposes. It is important to note that all the MSD accomplishes is the establishment of a deed restriction that designates groundwater at the site as non-potable, which facilitates removal of the requirement to evaluate certain types of groundwater exposure pathways. To understand what this means within a regulatory context requires a brief summary of the State’s approach to cleanup for these kinds of sites. In general terms (realizing that this is a highly complex series of regulations), State cleanup “standards” are based on the concept of Protective Concentration Levels (PCLs) for an appropriate exposure pathway. In cases where groundwater is present and is thought to be contaminated, the State usually requires the cleanup “standard” to include groundwater PCLs because of the notion that someone might use this groundwater for potable purposes at some time in the future. These types of groundwater PCLs tend to be the most restrictive PCLs (require the lowest cleanup standards) because they are based on the exposure pathway of consuming the groundwater repeatedly over long periods of time. The MSD, however, offers a process to recognize that the groundwater exposure pathway might not be appropriate in circumstances where the groundwater is unlikely to be developed for potable purposes due to naturally poor water quality, low yield potential, or in situations where water from a municipal supply is readily available. In other words, by using a restrictive mechanism to ensure that the groundwater will not be used for potable purposes, the TCEQ can remove the requirement for certain groundwater cleanup standards and apply the next most stringent standards applicable to the site in question. State Regulatory Requirements and MSDs As mentioned, the MSD in effect allows the site owner to remediate to the most appropriate human health and ecological exposure pathways, since the designated groundwater will not be used for potable purposes at the site. However, in terms of overall site cleanup, the MSD itself does not offer a mechanism to obtain a closure letter for the site from the TCEQ. The only way for this particular property owner / site to obtain a closure letter from the TCEQ is to meet all the requirements of the TCEQ’s Voluntary Cleanup Program (VCP). Meeting all the requirements of the VCP within a “non-MSD” situation would require that all constituents in all environmental media meet applicable PCLs. With a MSD, the applicant no longer has to meet the Groundwater Ingestion PCLs or Groundwater Protection PCLs (for soil / groundwater interaction). However, the site still must meet the next appropriate (and most stringent) exposure PCLs, which would probably be Inhalation of Volatiles from Groundwater and/or the lower of either the Total Soil Combined PCL (includes inhalation; ingestion; dermal; vegetable consumption pathways) or Inhalation of Volatiles transferred from Soil to Air. It is important to note that the MSD program does not require, as a specific condition of the MSD, that the applicant go through a VCP. In other words, the MSD program and other site remediation programs are not necessarily "linked" and therefore there are no specific "requirements" (through the MSD process itself) that soils must be remediated to a particular PCL. However, the resolution being proposed for this specific MSD does state that the site owner must “diligently pursue and obtain TCEQ closure documentation for the MSD Property” and that “failure to do so shall render the resolution voidable by the City Council following 30 day’s written notice to the TCEQ and the Applicant”. In other words, if the VCP is not pursued and the site is not “closed” by the TCEQ through the VCP process, the MSD can be voided by the City of Denton. Because of the nature of the contamination at the site (municipal solid waste), this site will also be required to obtain a TCEQ “Subchapter T Permit” (from Texas Administrative Code, Chapter 330, Subchapter T) in addition to the MSD Certification and VCP Certificate of Completion, if the applicant intends to develop any enclosed structures over the area containing solid wastes. In summary, in order for the site to obtain a VCP Certificate of Completion, which is required as a condition of the resolution and is required in order to release all environmental liabilities of the site, all constituents in all media will have to meet applicable PCLs for a site with a MSD. If any contaminant exceeds any applicable PCL(s), then the owner will have to continue to remediate the site until the PCLs are met, or a Certificate of Completion and closure document will not be issued by the TCEQ. The TCEQ will evaluate both human health and ecological endpoints during this process. State (TCEQ) and Local Enforcement In terms of enforcement, the TCEQ has numerous tools available. The most expedient and arguably most onerous tool is to simply revoke the MSD upon notice of a violation. If the MSD is revoked, the applicant would immediately be required to remediate the groundwater to the appropriate groundwater PCL, which would be very expensive. The City also has the ability to request the TCEQ to revoke the MSD, which would have the same end effect. If the applicant does not remediate the groundwater upon revocation of the MSD, the TCEQ can impose penalties and can enter litigation against the applicant. Local enforcement above the ability to revoke support for the MSD centers on the ability to regulate water well drilling within the City of Denton. The Denton Development Code, Subchapter 21, Section 11, part 3 entitled “Individual Water Wells” specifically addresses the requirements for drilling water wells for individual use. To drill a well for individual use, the applicant must obtain a water well permit from the Director of Water Utilities. The permit requires an application, and the code states that the application process may require the owner to conduct water quality tests that are deemed necessary by the Director, as well as meeting all applicable State requirements. Subchapter 21, Section 11, part 4 discusses requirements for a private water well that will supply more than a single family. These wells carry all of the requirements of an individual well, plus several more stringent requirements including “certified evidence from a registered professional engineer that the system will meet all City, State, and federal health and water quality standards”.Failure to comply with these provisions subjects the responsible party to the “Enforcement and Penalties” requirements as specified in Subchapter 1, Section 10, part 4 of the Denton Development Code. Based on the numerous enforcement tools available at both the State and local level, it is staff’s opinion that the proposed resolution, as supported by the existing regulatory mechanisms outlined above, will provide sufficient regulation to ensure protection of public health and the environment. Influence on surrounding property The issue of a MSD having an influence on surrounding property is a key consideration. It is important to note that the restrictions for potable water use that are imposed as a part of a MSD are only pertinent to the groundwater that is designated within the MSD. For this particular property, this means that only the shallow ground water that is deemed potentially contaminated and is designated through the MSD will be subjected to any restrictions. As presented to the Council in the 10-02-07 work session, the groundwater in question is a shallow aquifer that is approximately 10-12 feet deep in a formation that is approximately 13-25 feet below ground level and that has an underlying layer of impermeable rock. If a person installed a well on a surrounding property, it is almost certain that the well would be at least 500-600 feet deep in order to penetrate into the known quality aquifers in this area. According to the MSD regulation, the surrounding property owner can install a well that accesses groundwater that is not “designated” by the MSD and can use that water for appropriate purposes, including potable water, as long as all other regulatory requirements are met. During the review process, the TCEQ will determine if delineation of potential groundwater contamination is required. This evaluation will consider both ecological factors and a “receptor survey” for adjacent properties. Generally, delineation of the extent of groundwater contamination will not be required unless an applicable PCL is exceeded. Advantages to the City From an environmental perspective, the MSD accomplishes two positive goals for the City. First, the MSD provides a mechanism to ensure that the designated groundwater will not ever be used for potable purposes. Such a mechanism currently does not exist for this site. Second, the establishment of the MSD ensures that the applicant will remediate the site as needed through the TCEQ VCP, and that all PCLs except those associated with potable groundwater will be the “standards” used to determine if the site has been remediated. The site will then be required to go through the TCEQ Certification of Completion / Closure process, which means that the site is rendered protective of human health and the environment according to standards established in the Texas Risk Reduction Program (TRRP), specifically the cleanup responsibilities as outlined in 30 TAC 350.31. It is important to note that 30 TAC 350.31 requires that an applicant to demonstrate that the remediation “permanently and irreversibly destroys or extracts contaminants of concern in a waste or environmental medium to concentration levels below the critical PCLs”. The applicant is also required to demonstrate that “any residue remaining after treatment will not pose a threat of a future release of contaminants of concern into environmental media at concentration levels greater than the critical PCLs”. Summary Without a MSD, groundwater PCLs will have to be met for this site. If meeting groundwater PCLs is required, it is much less likely that the property will be developed or that any remediation will occur. If remediation does not occur, it perpetuates the situation we have currently, which is a property with some evidence of contamination and no restrictions on potable water use, restrictions for exposure to potentially contaminated soils, or plans for cleanup. In short, the MSD offers the City of Denton a mechanism to facilitate development of a contaminated property and ensure, as a condition of that development, that the property is remediated to a standard that makes sense for the site. The MSD also provides a restrictive mechanism that will be put in place to ensure that potable uses of the groundwater will not occur. The applicant, Standridge Companies, is seeking approval of a resolution (Exhibit 2) that establishes the terms and conditions of a MSD for the property located at the southwest corner of Interstate 35 and US Highway 380 (Exhibit 1).This resolution indicates the City of Denton’s support of the MSD, and is required for the MSD to be certified by the TCEQ. The resolution sets forth the conditions of the designation, including the applicant’s requirements to establish the appropriate deed restrictions for the property, and will be used by the applicant as evidence of municipal support when the applicant seeks the MSD from the TCEQ. OPTIONS 1. Support the resolution 2. Modify the resolution 3. Do not support the resolution RECOMMENDATION Staff recommends Option 1, support of the current resolution PRIOR ACTION/REVIEW (Council, Boards, Commissions) This issue was presented during the October 2, 2007 City Council work session. EXHIBITS 1. Property map 2. MSD Resolution Respectfully prepared and submitted: ____________________________ Kenneth Banks, Manager Division of Environmental Quality EXHIBIT 1 EXHIBIT 2 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 2007 DEPARTMENT: Water Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance amending Article V., entitled "Direct and Indirect Discharge into Sanitary Wastewater System" of Chapter 26 of the Code of Ordinances of the City of Denton, Texas, relating to wastewater utilities by Amending Article IX thereof entitled “On-Site Sewage Facilities,” Division 1, Section 26-266; regarding the local rules adopted by the city of Denton regarding on-site sewage facilities, to include adding section 26-266(7)a., inclusive; providing for a penalty not to exceed $2,000 for violations thereof; providing that a penalty shall be recoverable for each day a provision of this ordinance is violated, and each such violation shall be a separate offense; providing for a civil fine of not to exceed $1,000 per day for violations of this ordinance, together with other designated legal and equitable remedies that are available to the city; providing for a severability clause; providing for a savings clause, repealing all ordinances in conflict herewith; providing an open meetings clause; providing for the submission of this ordinance which has been considered but not approved by the City Council to the Texas Commission on Environmental Quality; providing for City Council approval thereof; providing for publication thereof; providing an effective date.(The Public Utilities Board recommends approval 5-0.) BACKGROUND During the last Texas legislative session, the adoption of House Bill 2482 caused substantial changes in the inspection and maintenance regulations for On-Site Sanitary Sewer Facilities (OSSFs). These changes went into effect on September 1, 2007. Prior to these changes, owners of these systems statewide were required to have a certified maintenance company perform maintenance and inspection on a regular basis. Under the new provisions, homeowners are now allowed to maintain their own aerobic sewage treatment systems (with no training), after expiration of the maintenance contract that is required upon installation. In addition, the provisions of HB 2482 specifically state that homeowners are not required to submit maintenance and testing reports to the state or local regulatory authorities. If a violation is reported, however, homeowners must correct the problem. If violations are not corrected within 10 days of receipt of a Notice of Violation, a mandatory maintenance contract can be required by the State. The Texas Commission on Environmental Quality allows more stringent local regulation of OSSFs if the local regulatory agency deems that more stringent regulations are warranted. In response to this legislative changes promulgated by HB 2482, staff is proposing to modify Denton’s existing code of ordinances to specifically prohibit homeowner inspection and maintenance of aerobic treatment systems and to maintain the previous requirement of inspection and maintenance by registered professionals. It is important to note that this modification to Denton’s local ordinances was not necessary before the adoption of HB 2482 because the State mandated professional inspection and maintenance for all of these systems statewide. While the less stringent regulatory requirements enacted by HB 2482 may be appropriate for other areas of the State, the density and proximity of OSSFs within the City of Denton requires special consideration. Currently, Denton has approximately 191 of these systems within the City limits. However, complaints and enforcement historically have been low compared to the number of systems in the City. For example, from 2002-2006 there were 23 OSSF complaints filed and investigated. On average, a complaint takes at least 2 or 3 site inspections to ensure compliance, and requires additional time to determine property ownership, contact information and related activities. Odor complaints have also been low, with a total of 4 since 2002. All odor complaints received in the City have originated from systems located in the Hills of Argyle. Since 2002 there have been 50 charges filed by the City of Denton for various violations of OSSF regulations, resulting in 8 trials. To date, the Division of Environmental Quality has not had to spend a great deal of time and effort on OSSF complaints, enforcement, and municipal court trials. However, it is staff’s opinion that HB 2482 has the potential to increase OSSF complaints and enforcement actions. Improperly maintained OSSFs can malfunction, which can cause a host of problems ranging from relatively minor issues such as odors and nuisances to serious threats to public health and the environment. Therefore, in order to provide greater protection of public health and the environment and to reduce the occurrences of malfunctioning aerobic treatment systems, staff proposes the following ordinance amendment to Section 26-266 of Denton’s existing code of ordinances. 7. AEROBIC SYSTEM MAINTENANCE (a.) The owner of a single-family residence using an aerobic treatment system shall maintain the system through a maintenance contract and with a maintenance company that complies with rules and standards promulgated by the Texas Commission on Environmental Quality or its successor agency. It is staff’s opinion that this modification of Denton’s existing ordinance will ensure that aerobic systems are maintained by trained and certified professionals, as well as ensuring that system maintenance reports are provided to the City’s designated representative. The City of Denton has many aerobic systems installed in sub-divisions on lots that are 1 acre or smaller. Because of the density and close proximity of these systems, nuisance conditions, public health concerns, and adverse impacts to the City’s watersheds and surface water resources are likely if these systems fail. These concerns have the potential to extend well beyond the property boundaries of the owner of the failing system. The City of Denton is required to obtain Texas Commission on Environmental Quality (TCEQ) approval of the proposed changes to the local ordinance, conduct a public meeting, and then pass a resolution of the City Council to adopt the proposed changes within Denton’s existing code of ordinances. Staff recently obtained TCEQ approval of the proposed ordinance changes, and th conducted a public meeting on October 12, 2007, 6:00 p.m., at the Denton Central Fire Station. A notice of this meeting will be published in the Denton Record Chronicle by Friday, October th 5, 2007. OPTIONS 1.Modify Section 26-266 to require owners of a single-family residence using an aerobic treatment system to maintain the system through a maintenance contract and with a maintenance company that complies with rules and standards promulgated by the TCEQ or its successor agency. 2.Modify the language of the staff’s proposed change to Section 26-266 3.Maintain Section 26-266 in its current form without modification RECOMMENDATION Staff recommends Option 1, modification of the Denton Code of Ordinances, Section 26-266, as proposed. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board at their October 22, 2007 regular meeting. The Public Utilities Board recommends approval 5-0. EXHIBITS 1.Ordinance 2.PUB Minutes Respectfully prepared and submitted, Kenneth Banks. Manager, Division of Environmental Quality ORDINANCE NO. 2007-________ AN ORDINANCE AMENDING ARTICLE V., ENTITLED "DIRECT AND INDIRECT DISCHARGE INTO SANITARY WASTEWATER SYSTEM" OF CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO WASTEWATER UTILITIES BY AMENDING ARTICLE IX THEREOF ENTITLED “ON-SITE SEWAGE FACILITIES,” DIVISION 1, SECTION 26-266; REGARDING THE LOCAL RULES ADOPTED BY THE CITY OF DENTON REGARDING ON-SITE SEWAGE FACILITIES, TO INCLUDE ADDING SECTION 26-266(7)a., INCLUSIVE;PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS THEREOF; PROVIDING THAT A PENALTY SHALL BE RECOVERABLE FOR EACH DAY A PROVISION OF THIS ORDINANCE IS VIOLATED, AND EACH SUCH VIOLATION SHALL BE A SEPARATE OFFENSE; PROVIDING FOR A CIVIL FINE OF NOT TO EXCEED $1,000 PER DAY FOR VIOLATIONS OF THIS ORDINANCE, TOGETHER WITH OTHER DESIGNATED LEGAL AND EQUITABLE REMEDIES THAT ARE AVAILABLE TO THE CITY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE WHICH HAS BEEN CONSIDERED BUT NOT APPROVED BY THE CITY COUNCIL TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; PROVIDING FOR CITY COUNCIL APPROVAL THEREOF; PROVIDING FOR PUBLICATION THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is a home-rule municipality, having been created by the City’s Home Rule Charter, adopted by the voters at an election held on February 24, 1959; and WHEREAS, the Texas Commission on Environmental Quality (“TCEQ”) has established Rules for on-site sewage facilities to provide the citizens of this State with adequatepublic health protection; and WHEREAS, the Texas Legislature has enacted legislation, codified as Texas Health and Safety Code, Chapter 366, which authorizes a local government to regulate the use of on-site sewage facilities in its jurisdiction in order to abate or prevent pollution or injury to public health arising out of the use of on-site sewage facilities; and WHEREAS, due notice was given to the public of a public meeting for the purpose of determining whether the City Council of the City of Denton, Texas should enact an Ordinance controlling or prohibiting the installation or use of on-site sewage facilities in the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton, Texas finds that the use of on-site sewage facilities in the City of Denton, Texas is causing or may cause pollution, and is injuring or may injure the public health; and WHEREAS, the City Council of the City of Denton, Texas has considered the matter and deems it appropriate to enact an Ordinance adopting Rules regulating on-site sewage facilities to abate or prevent pollution, or injury to public health in the City of Denton, Texas. 1 THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the facts and the recitations contained and cited in the preamble hereof are hereby found and determined to be true and correct. SECTION 2. That the use of On-site sewage facilities in the City of Denton, Texas is causing or may cause pollution, or is injuring or may injure the public health; SECTION 3. That Chapter 26 of the Denton Code of Ordinances, Article IX “On-Site Sewage Facilities,” Division 1, which contains Sections 260 through 270, is hereby amended by adding and adopting Section 26-266(7)a., which shall read as follows: “7. AEROBIC SYSTEM MAINTENANCE (a.) The owner of a single-family residence using an aerobic treatment system shall maintain the system through a maintenance contract and with a maintenance company that complies with rules and standards promulgated by the Texas Commission on Environmental Quality or its successor agency.” SECTION 4. It is hereby declared to be the intention of the City Council of the City of Denton, Texas, that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of such unconstitutional phrases, clause, sentence, paragraph, or section That in the event any one or more provisions of this ordinance are held by SECTION 5. a court or an administrative agency of competent jurisdiction to be illegal, invalid or unenforceable in any respect, the City shall make a good faith effort to remedy the defect, if any, to fulfill the purpose and intent of this ordinance. SECTION 6. That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 7. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 8. That it is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, as amended Texas Government Code, Chapter 551; and that a quorum of the City Council was present. 2 SECTION 9. This Ordinance shall be in full force and effect from and after its effective date as required by law and upon the subsequent approval of the Texas Commission on Environmental Quality.That this ordinance, in accordance with City of Denton Charter, Sec. 2.09(c), shall become effective fourteen (14) days after this ordinance is approved by the City Council, but after the date of its later approval by the Texas Commission on Environmental Quality, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its later approval by the Texas Commission on Environmental Quality. Following the passage of the ordinance by the Denton City Council and later approval of the ordinance by the Texas Commission on Environmental Quality, the publication of notice of the ordinance as required by the Charter, and after the effective date of the ordinance, as stated in this Section, the City Secretary shall thereafter send by U.S. Mail a true and correct certified copy of this ordinance as enacted, of the minutes of the City Council pertinent thereto, the proof of publication of notice relating thereto, an Affidavit relating to the submission, and all other documents that may be pertinent; to the Texas Commission on Environmental Quality, Supervisor, On-Site Sewage Disposal Facilities Department, Austin, Texas. 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 EXHIBIT 2 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3October 22, 2007 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Chair of the Public Utilities Board convened into an Opening Meeting on Monday, 7October 22, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service 8Center, 901-A Texas Street, Denton. 9 Present 10: Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines and Bill Grubbs 11 Absent 12: Phil Gallivan and Randy Robinson, excused 13 14 Ex Officio Members: 15 George C. Campbell, City Manager, excused 16 Howard Martin, ACM Utilities, excused 17 OPEN MEETING: 18 19 2010)Receive a report, hold a discussion, and give staff direction concerning a proposed 21amendment to Sections 26-266 of the Denton Code of Ordinances requiring inspections and 22maintenance of aerobic On-Site Sanitary Sewer Facilities by certified maintenance 23companies. 24 25Jim Coulter, Director Water Wastewater Utilities, called on Kenny Banks, Manager, Division of 26Environmental Quality, to present this item. 27 28Banks stated that this topic has been in the news recently, and has been heard at the County level 29and would like to provide a brief background of this issue. During the last Texas legislative 30session, House Bill 2482 removed a state-wide requirement that required certified companies to 31inspect and maintain on-site sanitary sewer facilities. Prior to 2482 there was a requirement that 32certified companies were to go out and perform these inspection and maintenance activities and 33then report that information to state and local authorities. The new provisions of 2482 state that 34homeowners can perform these activities on their own with no training, and there is no 35requirement for the homeowners to present that information to the local authority or to the state. 36In effect, 2482 has removed reporting requirements and has created a situation where we do not 37have nearly as much local information for our local agent. 38 39The TCEQ provides a mechanism by which local authorities can adopt more stringent local 40controls if conditions warrant. Based on this, staff proposed that the local ordinance be modified 41to reinstate the requirements removed by 2482. This modification states that local inspection and 42maintenance is going to be required by certified companies just as it was statewide prior to 2482. 43In order to allow for this local revision, a copy of the ordinance has to be provided to TCEQ, 44which has been done and has been approved by TCEQ as to form. There is also a requirement 45for a local meeting, which was held on October 12, 2007. 46 47With regards to the City of Denton, the places in which there are on-site sanitary sewer facilities 48tend to be on relatively small lots, which is not quite the same situation as out in the County. A 49lot of times these facilities in the county may be on larger lots with no close proximity to 50neighbors and, as such, the requirements might be perceived by some to be onerous. The City of Draft Minutes of the Public Utilities Board Meeting October 22, 2007 2 of 3 1Denton has 191 of these systems located within the city limits and most of those are clustered in 2neighborhoods that have lots that are one acre or so in size. The concern is that if there is not 3professional inspection and maintenance, failures might increase and create potential threats to 4public health as well as nuisance complaints from these neighborhoods. Complaints so far 5within the old regulations have been low, and from 2002 to 2006 there were 23 complaints 6received related to on-site sanitary sewer facilities. Staff expects those complaints will increase 7if there are no professional inspection and maintenance requirements. Staff is also very 8concerned that records would not be provided to our local agent. 9 10Malfunctioning systems can cause public nuisances. These systems takes waste from the home, 11treat it in a system and use it as irrigation water for a lawn. What can happen, if it does not 12function properly, can be a potential public health issue because it is creating a situation where 13potentially contaminated water is sprayed out into the air where it can drift around. The concern 14is for areas that have high density with neighbors that could be exposed.This is a concern from 15a bacterial standpoint as well as viral standpoint. The County has expressed some a very real 16concern with the issue of hepatitis A, which is a small viral agent which can be easily distributed 17a fair distance through the activity of irrigation. This can also have an environmental impact to 18watersheds. Most of these areas are in our Hickory Creek basin which is immediately upstream 19of our drinking water source. If there are a large number of these systems in a relatively small 20area and a significant amount malfunction, it could potentially impact our surface water 21resources. 22 23The proposed change is a modification to our existing Code of Ordinance, Section 26-266 and 24basically says that for aerobic systems an owner is going to be required to have a maintenance 25company contract that complies with the rules and standards of the TCEQ or successor agency. 26It is basically the same requirement that existed at the state level prior to HB 2482 being adopted. 27 28Board Member John Baines questioned why the City would require it when the state does not. 29Banks replied that the state required it up until 2482 was passed. The reason the city will require 30it is he believes Denton has some special considerations. The state language tends to center on 31small counties that have homes with large lots and significant distances between lots. The 32thinking at the state level appears to be that if you have a large piece of property and there is one 33of these facilities on it, the likelihood of it influencing anyone else in terms of public health or 34concerns with surface water quality are relatively small. With the city, these systems are in small 35neighborhoods on relatively small lots, and there are many of them in one place. 36 37Chair Newell stated she believed it was a way for the state to shed the cost of enforcement. 38 39Board Member Smith asked if the code required a larger acreage than one acre to get permitted. 40Tim Fisher, Assistant Director of Water Utilities, stated that if the homeowner has an individual 41well, there must be two acres.If the home is connected to a public water system, it could be one 42acre. Smith suggested that the City might want to consider amending that ordinance as well. 43 44Board Member Bill Grubbs asked if the number of on-site sanitary sewers could increase. Banks 45stated he believed it might. Grubbs asked if the County would allow the homeowner to maintain 46if they were willing to get training. Banks replied that was correct and that the county is Draft Minutes of the Public Utilities Board Meeting October 22, 2007 3 of 3 1currently looking at some type of training program. There are many details to be worked out and 2he is unsure if that issue has been fully resolved at all. The concept is that the county would 3provide through its agency, the ability to get some form of training. It is likely that this training 4will be extensive and may be cost prohibitive. 5 Board Member Smith moved to approve the change in the Ordinance but with the caveat 6 for review of this language at a later date should the County’s training program prove to 7 be adequate and successful with a second from Bill Cheek. The motion was approved by a 8 5-0 vote. 9 AGENDA INFORMATION SHEET AGENDA DATE : November 6, 2007 DEPARTMENT Utility Administration ACM: Howard Martin, 349-8232 SUBJECT Consider approval of a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant that has been tentatively offered to the City of Denton. (The Public Utilities Board recommendsapproval 5-0.) BACKGROUND The City of Denton's Watershed Protection Program submitted a Notice of Interest requesting Hazard mitigation funds as a result of Federal Disaster Declaration DR-1709 (Severe Storms, Tornadoes, and Flooding), which impaired Denton and multiple other counties across Texas from June 16, 2007 through August 3, 2007. The proposed mitigation project is to upgrade our high-water warning system and to increase its coverage to overcome changes arising from increased development and population growth. The system will provide real-time rainfall and stream height information in Denton and in the surrounding watershed via a radio-telemetered Supervisory Control and Data Acquisition (SCADA) System and will be made available to the general public via the internet on the Environmental Website run by the University of North Texas (www.ecoplex.unt.edu). This information will also be sent to the National Weather Service Flood Forecasting Office to aid in calibrating of their flood models for the area. If approved for funding, this would mitigate the impacts of injury and loss of life of our citizenry and residents of surrounding areas during future severe weather events. This project is listed as one of our mitigation goals for the City of Denton, which is part of the North Central Texas Council of Government’s Regional Hazard Mitigation Plan currently under review by GDEM and FEMA officials. As noted in the Hazard Mitigation Grant Program (HGMP) Fact Sheet, initiative projects such as enhanced warning capabilities are allowable items for funding. The original High Water Monitoring system for the City of Denton was installed in 1998. Minor maintenance has occurred on the existing system over the following 9 years. The current system is run on an obsolete computer platform. The current monitoring infrastructure in the field is also in need of replacement. Also as a result of this grant monitoring equipment would be installed in currently unmonitored locations in the rapidly developing western portion of Denton. The upgrade will include the upgrade of the existing SCADA system to a robust maintained platform and reduce organizational redundancy by integrating the system with the current Wastewater Treatment Plant SCADA. The upgrade will also include the installation of 10 additional rain gauges and the upgrade of the existing stream gauges from pressure gauges to sonic sensors at the intersection Cooper Creek and Mayhill Road and at the intersection of Highway 156 South of Krum and Hickory Creek. OPTIONS 1. Pursue the current grant. 2. Do not pursue the current grant RECOMMENDATIONS Staff recommends Option 1, continuing to pursue the grant. PRIOR ACTION/REVIEW (Council, Boards, Commission) This item was presented to the Public Utilities Board at their October 22, 2007 regular meeting. The Public Utilities Board recommends approval to pursue the current grant 5-0. FISCAL INFORMATION The total cost of the grant as proposed is $89,000. The federal contribution is up to but not exceeding 75 percent, which means that the City of Denton would be responsible for 25% or approximately $22,250. The Watershed Protection Division had originally budgeted $25,000 for the upgrade of the existing system and two of the remote monitoring stations. Currently the local match is included in the FY 2008 budget and will require no budget reorganization to fulfill the requirements of the grant. EXHIBITS 1.PUB Minutes Respectfully submitted: Jim Coulter Director of Water Utilities EXHIBIT 1 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3October 22, 2007 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Chair of the Public Utilities Board convened into an Opening Meeting on Monday, 7October 22, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service 8Center, 901-A Texas Street, Denton. 9 Present 10: Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines and Bill Grubbs 11 Absent 12: Phil Gallivan and Randy Robinson, excused 13 14 Ex Officio Members: 15 George C. Campbell, City Manager, excused 16 Howard Martin, ACM Utilities, excused 17 OPEN MEETING: 18 19 2011) Receive a report, hold a discussion, and give staff direction regarding a Federal 21Emergency Management Agency (FEMA) Hazard Mitigation Grant that has been offered 22to the City of Denton. 23 24Coulter called on David Hunter, Watershed Protection Manager, to present this item. 25 26Hunter stated that what precipitated this grant started with the storm of April 24, 2007 where 27certain parts of the city received a 100-year event. This grant is also related to the severe storms 28which occurred from May through August of 2007. The proposed project is to upgrade the high- 29water warning system that was installed in 1997-98 which has received only minor maintenance 30upgrades since its installation. Prior to the storms, staff was looking at upgrading the system 31over a period of years. Staff had budgeted $31,000 to upgrade the main computer system and 32add a few sites for monitoring system flows. This grant lowers the city’s out of pocket cost to 33$22,250 and increases the total amount of money available for the upgrades to $89,000. This 34grant will make it possible for staff to both upgrade the entire system quickly and add a few 35monitoring sites in the rapidly developing part of the City near Hickory Creek. Hunter stated 36that one thing to note is that staff is working to integrate this system into the wastewater 37treatment plant SCADA monitoring system which will allow installation of additional rain gages 38throughout the city to conduct real time monitoring. The system will also be integrated with the 39National Weather Service flood forecasting data base which will improve the ability to forecast 40based on the rainfall. 41 Board Member Baines moved to approve with a second from Board Member Cheek. The 42 motion was approved by a 5-0 vote. 43 44 45The meeting was adjourned by consensus at 10:48 a.m. 46 AGENDA INFORMATION SHEET AGENDA DATE: November 6, 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 Planning and Zoning Commission – This is Mary Thibodeaux’s position. This is a nomination for Deputy Mayor Pro Tem Mulroy. Zoning Board of Adjustment – Tim Tryon has resigned as he is moving out of the City. This is a nomination for Deputy Mayor Pro Tem Mulroy. Zoning Board of Adjustment – Council Member Heggins Human Services Advisory Committee – Council Member Montgomery has nominated Lorn Bortnem. The City Secretary’s office has verified his application and Council may vote on the nomination at this meeting. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\Boards & Comm\Agenda Info Sheet for Vacancies 11.6.07.docx L Boards & Commissions Application Name: ,~~R n~ ~ ~ ~~~~~~' ~ Date: Address: G.~rrl!`~ v~I ~~~ ~ ~ ~~ ~ ~.. ~~ uJ~ ~ ' ~ ~ . ~~} b E"mail. (~~' ~7 ~ !~• ~d.~ N~,T Ci State. ~1~d,~ ~ p ~ ~ Y ~ ~ , ~1 ti E Tele hone: ~~4 - -- `~ ~ ~ =~~o-~~ -~ ~~~ p Z ~ (Home) (worlr) f~1 (~) ? ~ ~~ Qual~ed voter of Denton. yes ^ na Resident of Denton for ~ years, Please Note: R2~6*0~03 `~thia Poh'cy"stn~es that appointed of~tcials wr'II not be in am~aErs on any city taxed ~tiiity service chdr~e~ or other obi~ga~ons owed the City. 4ccu ation: if retired, indicate former occupation or professions ~~,~ A ?~ p ~ Please indicate imard ~ commission preferences: Airport Advisory Board ~, Library Board ,~ Animal Shelter Advisory Committee _ Parks, Recreation & Beautification Board Community Development Adv. Committee _ Planning & Zoning Commission Construction Advisory ~ Appeals Board ~. Public Art Committee ,~ Historic Landmark Commission .~ Public Utilities Board ,~ Human Services Advisory Committee .~ Traffic Safety Commission Toning Board of Adjustment Have you ever served an a City of Denton board or commission? ^ yes ~ no if yes, which one? Please list any special knowledge, education or experience that qualifies you to serve in the areas you have indicated: ~~,~ ~~ ~~~"~~S ~~G~d~ -~~~ ~ ~ ~--i ~~G- f /~ ~ Professional and/or community activities: RETURN APPLICATION T0: Dffice of the City Secretary City of Denton X15 E. McKinney Fax; 940 349-859b ( l Denton Texas 7b201