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Home My WebLink AboutDecember 4, 2007 Agenda AGENDA CITY OF DENTON CITY COUNCIL December 4, 2007 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, December 4, 2007 at 5:00 p.m.in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.The City Council will meet with the 2008 Leadership Denton class in the City Hall Conference Room and will return to the Work Session Room following the completion of the discussion. 2.Requests for clarification of agenda items listed on the agenda for December 4, 2007. 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.Consultation with the City’s Attorneys – Under Texas Government Code, Section 551.071 1.Receive legal advice from the City's attorneys regarding the issue of discounted electric rates for state universities; legal issues and remedies thereon; and discuss and deliberate the City's legal posture regarding same. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2.Consultation with the City’s attorneys to discuss legal issues associated with UNT Chi Alpha house, and threatened litigation involving same. 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. 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) City of Denton City Council Agenda December 4, 2007 Page 2 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, December 4, 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 – L). 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 – L 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 of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Festival Foundation for Supplemental Funding for the Arts and Jazz Committee for the 2008 Denton Arts and Jazz Festival; providing for the expenditure of funds therefore; and providing for an effective date. ($2150) City of Denton City Council Agenda December 4, 2007 Page 3 B.Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute an administrative services agreement for self-funded employee benefit plans with Fiserv Health Plan Administrators, Inc.; authorizing the expenditure of funds therefor; and providing an effective date. (RFP 3723 – Administrative Services Only (ASO) for Medical and Pharmacy Benefits awarded to Fiserv Health in the estimated amount of $356,000) C.Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a pharmacy benefit management agreement for self-funded prescription benefits with Express Scripts, Inc.; authorizing the expenditure of funds therefor; and providing an effective date. (RFP 3723 – Administrative Services Only (ASO) for Medical and Pharmacy Benefits awarded to Express Scripts, Inc. in the estimated amount of $46,000) D.Consider approval of the minutes of: October 2, 2007 October 16, 2007 November 5, 2007 November 6, 2007 E.Consider adoption of an ordinance authorizing the partial abandonment of a 0.1403 acre water easement tract situated in the E. Puchalski Survey, Abstract No. 996, and recorded in Document Number 96-R0033726, of the Real Property Records of Denton County, Texas; and providing an effective date. The Public Utilities Board recommends approval (5-0). F.Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year 1. Denton PCR Ltd DCAD Supplemental Chane 2006 $5,920.43 g 2. MAS Denton VZ LP/Verizon SouthwesDCAD Supplemental Chane 2006 $ 514.47 tg G.Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $2,300,000 so that General Fund vehicles and equipment may be purchased; and providing an effective date. H.Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 19 relating to Municipal Court by amending Section 19-8 to increase the administrative fee charged for certain dismissals of certain traffic offenses from ten dollars to twenty dollars; additionally the state statute numbers referenced in Section 19-8 have been updated to reflect the current statute numbers of these laws; providing for a severability clause; providing a repealer clause; providing a savings clause; and providing for an effective date. I.Consider approval of a resolution authorizing the City of Denton, as Trustee, to sell certain real property located at 1330 Morse Street; consenting to the sale of certain real property to the highest bidder as provided by law; authorizing the Mayor of the City of Denton, Texas to execute a deed without warranty and any City of Denton City Council Agenda December 4, 2007 Page 4 other documents necessary or appropriate to convey certain real property sold by the City of Denton, as Trustee, pursuant to section 34.05 of the Texas Property Tax Code; and providing for an effective date. J.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a first amendment to professional services agreement for surveying services with Coleman & Associates Land Surveying, for additional services pertaining to conventional technology to monitor and report the rate of fill in Cell 2 of the City’s landfill (File 3901–in the additional amount of $75,000, and a grand total of $122,957 for both the first amendment and the original agreement); authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (6-0). K.Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional and personal services agreement by and between the City of Denton, Texas and the firm of Telvent Miner & Miner Consulting Engineers, Inc. to provide software engineering services associated with the migration of the Denton Municipal Electric Utility Geographic Information System (“GIS”); authorizing the expenditure of funds therefor; and providing an effective date. (File 3919–in a not to exceed amount of $78,755). The Public Utilities Board recommends approval (5-0). L.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for engineering services and related services for approved electrical power system construction projects for Denton Municipal Electric with SGS Engineering, LLC. (File 3927– in an amount not-to-exceed $508,000); authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (6-0). 4.PUBLIC HEARINGS A.Continue a public hearing and consider 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 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 B.Hold a public hearing and consider adoption of an ordinance regarding the approval of a Specific Use Permit (SUP) to allow gas well drilling and production on a property currently zoned Neighborhood Residential 4 (NR-4). The proposed site is located on the northeast corner of Bonnie Brae and Roselawn Drive. (S07- 0014, Chamberlin/Elder GWP) The Planning and Zoning Commission recommends approval (5-0). City of Denton City Council Agenda December 4, 2007 Page 5 C.Hold a public hearing and consider adoption of an ordinance regarding the zoning of approximately 129.6 acres of land and adjacent street right-of-way for Loop 288 containing approximately 9.1 acres from the initial annexation zoning of Rural Residential (RD-5) to a Regional Center Commercial Downtown (RCC-D) zoning district. The property is located on the west side of I35 North at the proposed extension of Loop 288. (Z07-0011, Westview Commercial) The Planning and Zoning Commission recommends approval (5-0). D.Hold a public hearing and consider adoption of an ordinance regarding the rezoning of an approximately 185-acre tract of land from a Rural Residential (RD-5) zoning district to an Industrial Center General (IC-G) zoning district. The tract of land is located on the west side of Underwood Road, south of Denton Municipal Airport and north of Hickory Creek. (Z07-0023, Aldi Distribution Center) The Planning and Zoning Commission recommends approval (5-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of an application service provider agreement, by and between the City of Denton and Enercom, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3928–Application Service Provider Agreement in an amount not to exceed $62,600). The Public Utilities Board recommends approval (5-1). B.Consider nominations/appointments to the City’s Boards and Commissions. C.Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: A.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. D.New Business and Announcements This item provides a section for Council Members to suggest items for future agendas, request information from the City Manager, and/or make announcements of public interest. E.City Manager’s Report F.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda December 4, 2007 Page 6 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: December 4, 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 Festival Foundation for Supplemental Funding for the Arts and Jazz Committee for the 2008 Denton Arts and Jazz Festival; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $2,150 ( Mayor Perry McNeill, $500.00; Mayor Pro Tem Pete Kamp, $500; Council Member Bob Montgomery, $500; Council Member Jack Thomson, ) from Council Contingency Funds. Key provisions of the $500; Council Member Chris Watts, $150 agreement include: Funds shall be used by the Denton Festival Foundation to provide financial assistance for funding of entertainment during the Arts and Jazz Festival. 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: December 4, 2007Questions regarding this report may be directed to DEPARTMENT: Finance/Risk ManagementScott Payne at 349-7836 ACM: Jon Fortune SUBJECT Consider approval of an Ordinance of the City Council of the City of Denton, authorizing the City Manager to execute an administrative services agreement for self-funded employee benefit plans with Fiserv Health Plan Administrators, Inc.; authorizing the expenditure of funds therefor; and providing an effective date (RFP 3723- Administrative Services Only (ASO) for Medical and Pharmacy Benefits awarded to Fiserv Health in the estimated amount of $356,000). BACKGROUND At a Council meeting on December 19, 2006, the Council gave direction to staff to move toward a self-funded health and pharmacy benefits program. A comprehensive request for proposal (RFP) was developed and distributed in March 2007. The City received 19 responses to the RFP from a variety of providers, including insurance companies, third-party administrators (TPA) and pharmacy benefit managers (PBM). On June 19, 2007, the Council received a report and self-funded medical benefits administration. Since that time, staff has been working with the implementation team at Fiserv Health to build our medical benefits plan to match the benefits currently available to our employees, dependents and retirees under the United Healthcare fully-insured medical plan. The process of building that plan and determining how benefits will be processed was a requirement for developing the final contract which is being presented today. As the plan was built, some additional fees were added that were not originally presented to Council on June 19, 2007. The below chart shows a comparison of the fees presented at that time compared with the final fees in the contract. Table 1 Total Admin Fee Comparison June 19, 2007 Final Administration $ 13.50 $ 13.50 Network Access Fee $ 3.75 $ 3.75 Stop Loss Reporting $ 1.25 $ 1.25 Medical/Disease Management $ 6.50 $ 6.50 Medstat Reporting Package N/A $ 0.25 Agenda Information Sheet December 4, 2007 Page 2 Total Per Employee Per Month (PEPM) $ 25.00 $ 25.25 Other Fees: New York Surcharge N/A $ 1,000 Custodial Banking Setup N/A $ 1,200 Banking Fee ($500 per Month) N/A $ 6,000 Custom ID Cards w/ logo N/A $ 1,000 Total Estimated Annual Fee (based on $342,600 $355,226 1,142 members) The majority of the increase in estimated fees ($7,200) is related to the set up and ongoing Accounting Department and Fiserv. The other major fee increase is for the Medstat reporting package ($0.25 x 1,142 x 12 = $3,426). These are additional reports beyond the standard reporting package that will allow us to analyze our self-funded health data in a multitude of ways. Having access to this level of data manipulation will allow us to better manage the plan. The New York Surcharge is essentially a fee to register our health plan with the State of New York. If someone accesses health care in New York and is not with a registered plan, a surcharge of approximately 26% would be added to the medical care cost. Exhibit 3 provides a detailed illustration of the expected plan savings in 2008 by being self-funded. This illustration has been updated since the last time Council reviewed it to reflect additional months of claims experience under United Healthcare and the updated fees for stop loss insurance, Fiserv (medical) and for Express Scripts (pharmacy). In summary: Estimated Fully-Insured Est. Self-Insured Self-Insured Savings Fiserv/Express Scripts $13,955,456 $11,341,934 $2,613,522 Even with the slight increase in overall fees, we are still projecting significant savings for 2008 by moving to a self-funded health benefits program. It should be noted that Fiserv Health has recently been purchased by United Healthcare. One of the areas where Fiserv distinguished themselves from United Healthcare was in their ability to provide flexible, customized self-funded programs for their clients. The management of Fiserv Health believes that these abilities are why United Healthcare purchased them and that they will continue to be able to provide these flexible, customized solutions for the City. Exhibit 4 provides two different press releases related to this purchase. Agenda Information Sheet December 4, 2007 Page 3 RECOMMENDATION Staff recommends the approval of the contract with Fiserv Health for self-funded medical benefits administration. This contract has been reviewed by the Risk Management staff, the ESTIMATED SCHEDULE OF PROJECT December 4, 2007 Council Meeting January 1, 2008 Self-funded plan year begins PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council received a White Paper on April 4, 2005, that included a discussion of moving to a self-funding benefits program. The Audit Committee has reviewed the issue of moving to a self-funded medical and pharmacy benefits program during discussion of an Issue Paper on July 14, 2006, and September 13, 2006. The Council approved moving to a self-funded program during a work session discussion on December 19, 2006. Approval was given at the June 19, 2007, Council meeting to begin contract negotiations with Fiserv Health. FISCAL INFORMATION -funded medical benefits program are budgeted in 850500.6705.0001. BID INFORMATION The RFP and Vendor List is available should the Council wish to review them. EXHIBITS Exhibit 1 Fiserv Administrative Services Agreement Exhibit 2 Council Agenda Sheet June 19, 2007 Exhibit 3 Self-Funded Claims Comparison Exhibit 4 Fiserv Health Press Release Exhibit 5 Ordinance Respectfully submitted: ______________________________ Scott Payne Risk Manager Exhibit 2 Council Agenda Sheet June 19, 2007 AGENDA INFORMATION SHEET AGENDA DATE: June 19, 2007 Questions regarding this report may be directed to DEPARTMENT: Fiscal Operations/Risk ManagementScott Payne at 349-7836 ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding Request for Proposal (RFP) #3723, Administrative Services Only (ASO) for Medical and Pharmacy Benefits. BACKGROUND At a Council meeting on December 19, 2006, the Council gave direction to staff to move toward a self-funded health and pharmacy benefits program. A comprehensive RFP was developed and distributed in March 2007. The City received 19 responses to the RFP from a variety of providers, including insurance companies, third-party administrators (TPA) and pharmacy benefit managers (PBM). The Risk Management staff and consultant, McGriff, Seibels and Williams, evaluated the proposals and chose the top seven to be given to a six-person evaluation committee for further review and scoring. The evaluation committee selected four finalists who were participate in a detailed Question & Answer (Q&A) session with the review committee. Staff and the evaluation committee performed a thorough review information and quality of the presentations, and weighed the credibility and expertise of the vendor staff participating in the Q&A session. Factors such as overall cost, customer service, long-term partnership with the City, provider network disruption, flexibility of systems, and integration with outside vendors were all evaluated. Please refer to Exhibit 1 RFP #3723 Evaluation Summary Report, for additional details regarding the evaluation process and recommendations. RECOMMENDATION The evaluation committee and staff recommend entering into contractual negotiations with Fiserv Health, for self-funded medical benefits administration, and with Express Scripts, for self- funded pharmacy benefit management services. Exhibit 2 Council Agenda Sheet June 19, 2007 ESTIMATED SCHEDULE OF PROJECT June 20, 2007 Begin contract negotiations and plan implementation July 1, 2007 Submit RFP for stop loss insurance coverage July 24, 2007 Present final TPA and PBM contracts for Council approval August 21, 2007 Present stop loss contracts for Council approval September 24, 2007 Begin open enrollment process January 1, 2008 Self-funded plan year begins PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council received a White Paper on April 4, 2005, that included a discussion of moving to a self-funding benefits program. The Audit Committee has reviewed the issue of moving to a self-funded medical and pharmacy benefits program during discussion of an Issue Paper on July 14, 2006, and September 13, 2006. The Council approved moving to a self-funded program during a work session discussion on December 19, 2006. FISCAL INFORMATION A new internal service fund will be established to separately track medical and pharmacy administrative costs as well as medical and pharmacy claims cost. The following demonstrates the estimated 2008 total plan costs for employees, dependents and retirees and the savings resulting from changing to a self-insured plan. This includes an anticipated 7% rate increase in 2008. Fully-Insured Self-Insured Self-Insured Savings Fiserv/Express Scripts $13,955,475 $12,507,993 $1,447,482 BID INFORMATION The RFP and Vendor List is available should the Council wish to review them. EXHIBITS Exhibit 1 - RFP #3723 Evaluation Summary Report Exhibit 2 RFP #3723 Scoring Tool Exhibit 3 Council Presentation Respectfully submitted: ______________________________ Scott Payne Risk Manager Û¨¸·¾·¬ í ó Í»´ºóÚ«²¼»¼ Ý´¿·³ Ý±³°¿®·±² Ú·½¿´ Ü¿¬»æðïñðïñðè ó ïîñíïñðè Û¨°»®·»²½» Ü¿¬»æïðñðïñðê ó ðçñíðñðé Ð®»°¿®»¼æïïñðçñðé Ú·»®ª îððè ÓÛÜ×ÝßÔÎÈÌÑÌßÔ Ð¿·¼ Ý´¿·³ øÑ½¬ò îððê ó Í»°¬ò îððé÷üèôðíçôìçðüïôëðíôðîðüçôëìîôëïð Ò»¬©±®µ Ü·ººò ß¼¶«¬³»²¬ïòðððïòððð ß¼¶«¬»¼ Ý´¿·³üèôðíçôìçðüïôëðíôðîðüçôëìîôëïð Ô¿¹ Ó±²¬¸îòððòë Ô¿¹¹»¼ ÛÛ ß²²«¿´·¦»¼ øß«¹ò îððê ó Ö«´ò îððé÷ïíôêçêïíôéíí Ô¿¹¹»¼ ÛÛ ßª»®¿¹» øß«¹ò îððê ó Ö«´ò îððé÷ïôïìïïôïìì Ð¿·¼ Ý´¿·³ ÐÛÐÓ üëèéòððüïðçòìëüêçêòìì ß²²«¿´·¦»¼ Ì®»²¼çòëûïïòðû Ó±²¬¸ ±º Ì®»²¼ïëòððïëòðð ß°°´·»¼ Ì®»²¼ Î¿¬»ïïòèèûïíòéëû Ì±¬¿´ Ý«®®»²¬ ÛÛ øÍ»°¬ò îððé÷ïôïìðïôïìð Û¨°»½¬»¼ Ý´¿·³ ÐÛÐÓ üêëêòéðüïîìòìç üéèïòîð Þ»²»º·¬ Ü·ºº»®»²¬·¿´ðòçèëðòçèë Ì±¬¿´ Û¨°»½¬»¼ Ý´¿·³ ÐÛÐÓ üêìêòèëüïîîòêíüéêçòìè Û¨°»½¬»¼ Ý´¿·³ ß²²«¿´üèôèìèôçïéüïôêééôëìïüïðôëîêôìëè ß²¬·½·°¿¬»¼ ÍÔ üðüð Ù®± Û¨°»½¬»¼ Ý´¿·³ ß²²«¿´üèôèìèôçïéüïôêééôëìïüïðôëîêôìëè Ð±¬»²¬·¿´ Í°»½·º·½ øüïëðôððð Ü»¼ò÷ñß¹¹®»¹¿¬» Í¬±° Ô± üìïòéðüëîïôçïé Ð±¬»²¬·¿´ ËØÝñÚ·»®ª ß¼³·²ò Ý±¬ üîëòîëüíìëôìîð ß¼¼·¬·±²¿´ Ú·»®ª Ú»»üçôîðð Ð®±¶»½¬»¼ ÎÈ Ý±¬ øß«³» ÛÍ×÷üìëôçèë Ð®±¶»½¬»¼ ÎÈ Î»¾¿¬» øß«³» ÛÍ×÷øüïðéôðìê÷ îððè Ð±¬»²¬·¿´ Í»´º Ú«²¼»¼ Ý±¬üïïôíìïôçíì îððè Ð®±¶»½¬»¼ Ú«´´§ó×²«®»¼ Ð®»³·«³ øéû ×²½®»¿» ±² ðé Ð®»³·«³ ±º üïíôðìîôìèî÷ üïíôçëëôìëê îððê Ð±¬»²¬·¿´ Í¿ª·²¹ñ×²½®»¿» Ò»¬ ±º ÍÔ Î»·³¾«®»³»²¬øüîôêïíôëîî÷ Û¨¸·¾·¬ ì Ú·»®ª Ø»¿´¬¸ Ð®» Î»´»¿» City of Denton November 8, 2007 Attn: Scott Payne and Kari Zika City Hall East 601 E Hickory, Suite A Denton, TX 76205 Dear City of Denton Risk Management, I am pleased to announce that UnitedHealthcare and Fiserv, Inc. have signed a definitive purchase agreement under which UnitedHealthcare will acquire the majority of Fiserv Health. The transaction also includes Innoviant and Innoviant Pharmacy as well as our sister companies: Avidyn Health, JW Hutton, Innovative Cost Solutions (ICS), ppoONE, BP Inc and our business process outsourcing operations. Because you are a valued customer, I wanted to give you a little more information on this change and why UnitedHealthcare is a significant player in our market space with a successful track record. Fiserv Health consists of United Medical Resources (UMR) and Midwest Security. The combined TPA business unit, along with Innoviant and Innoviant Pharmacy, will offer both customers and potential customers the ability to leverage the full range of United Healthcare assets, including ancillary services, a strong network, leading-edge technologies and shared services. Strategically, Fiserv Health is in an excellent position to join the UnitedHealth Group family of companies. The strength and versatility of United will provide dynamic growth opportunities for our organization. At the same time we will bring complementary products and services to them. United r Their business philosophy and culture match our own. Joining forces will allow us to bring you more innovative and flexible health plan management solutions for years to come. Our current management will play a significant role in the leadership of the combined TPA business unit and UnitedHealthcare will enthusiastically welcome our employees after the transaction closes. Please be assured that our goals remain the same. Yes this is a change for us but it is one that opens doors for us and for you. For now it will be business as usual for our clients and plan members. There will be no interruptions to benefits and services. You will continue to work with your current contacts. We will keep you updated on our progress in closing this transaction. Our operating direction and commitment to providing you with uncommon results will not change. It will only grow and become stronger. We thank you for your business and look forward to continuing and strengthening our relationship with you in the coming years. Cc: Beth Carlino, McGriff Exhibit 4 Fiserv Health Press Release #2 For more information contact: Media Contact: Lori Stafford Assistant V.P. Corp. Comms. (262) 879-5130 lori.stafford@fiserv.com Investor Contact: David Banks V.P. Investor Relations (262) 879-5055 david.banks@fiserv.com For immediate release: November 2, 2007 Ú·»®ª ß¹®»» ¬± Í»´´ Ø»¿´¬¸ Þ«·²»» ¬± Ë²·¬»¼Ø»¿´¬¸½¿®» Divestiture will increase focus on delivering market-leading technology products and services to the financial services industry Brookfield, Wis., November 2, 2007 Fiserv, Inc. (NASDAQ: FISV), a leading provider of information technology services to the financial and insurance industries worldwide, today announced it has signed a definitive agreement to sell substantially all of its Health businesses to UnitedHealthcare, a business of United Health Group (NYSE: UNH) for $775 million in cash. The transaction is anticipated to close by the end of 2007 or in the first quarter of 2008, subject to required regulatory approvals and customary closing conditions. The transaction includes Fiserv Health Plan Administration, the nation's largest Third Party Administrator (TPA) of self-funded health plans; Fiserv Health Plan Management, an outsourcing service for mid-sized health plans and health care payer organizations; Innoviant, a prescription benefits administrator; Innoviant Pharmacy, a prescription mail-order service; Avidyn Health, a care management company; and four other components of Fiserv Health's ancillary businesses. The company will retain its workers compensation services organization, which includes the recently announced WorkingRx acquisition. The company will also retain its CareGain, Inc. technology business, which is used to intermediate health banking solutions. Both of these businesses will remain in the insurance segment. 1 of 4 Fiserv, Corporate Headquarters, 255 Fiserv Drive, Brookfield, Wisconsin 53045 PH: 262-879-5000 Mailing Address: P.O. Box 979, Brookfield, Wisconsin 53008-0979 Internet: www.fiserv.com Exhibit 4 Fiserv Health Press Release #2 within UnitedHealth Group, and create more opportunities for our Health group employees, Now, Fiserv will be completely focused on expanding its technology leadership position across the financial services landscape. This transaction will establish UnitedHealthcare as a leading provider of customized benefit services with Fiserv Health brings significant scale and strong management expertise in serving customers requiring dedicated, specialized benefit solutions. We enthusiastically welcome their employees, their clients and the distinct strengths and future growth opportunities this combination will createKen Burdick, President and Chief Executive Officer of UnitedHealthcare. is an ideal home for Fiserv Health businessent of Fiserv Health Plan Services. Fiserv customers will benefit from UnitedHealthcare national network and will continue to receive the same high quality and flexible personal service that has been a hallmark of Fiserv Fiserv, Yabuki explained, will continue to deliver innovative health care banking and payments products and services to its clients. Over the last several years the company has established a leading position in this growing area in part due to the knowledge and expertise gained by owning these health care businesses. Over the last year, we have put together a powerful combination of solutions to enhance our value proposition for clients, employees and shareholders. We intend to operate businesses where we bring unique market value through our technology solutions and product integration. Additionally, through recently announced acquisitions such as CheckFree, we are both expanding our payments leadership position and delivering best-in-class solutions for clients, added Yabuki. Fiserv expects to receive approximately $475 million of net transaction proceeds, and depending upon reinvestment, may experience slight dilution to its 2008 earnings per share in a range of 1 to 3 percent. The company also expects the transaction to be accretive to its 2008 revenue, earnings and margin growth rates. The company will report the operations from the health businesses sold to UnitedHealthcare as discontinued operations beginning with its fourth quarter earnings announcement. The company expects 2 of 4 Fiserv, Corporate Headquarters, 255 Fiserv Drive, Brookfield, Wisconsin 53045 PH: 262-879-5000 Mailing Address: P.O. Box 979, Brookfield, Wisconsin 53008-0979 Internet: www.fiserv.com Exhibit 4 Fiserv Health Press Release #2 to report a net gain on the sale of the businesses, including transaction-related expenses, upon closing. www.fiserv.com/investors for additional financial information concerning this transaction. About UnitedHealth Group UnitedHealth Group (www.unitedhealthgroup.com) is a diversified health and well-being company dedicated to making health care work better. Headquartered in Minneapolis, Minn., UnitedHealth Group offers a broad spectrum of products and services through six operating businesses: UnitedHealthcare, Ovations, AmeriChoice, Uniprise, OptumHealth and Ingenix. Through its family of businesses, UnitedHealth Group serves more than 70 million individuals nationwide. About Fiserv, Inc. Fiserv, Inc. (NASDAQ: FISV), a Fortune 500 company, provides information management systems and services to the financial and insurance industries. Leading services include transaction processing, outsourcing, business process outsourcing (BPO), software and systems solutions. The company serves more than 18,000 clients worldwide and is the leading provider of core processing solutions for U.S. banks, credit unions and thrifts. Fiserv was ranked the largest provider of information technology services to the financial services industry worldwide in the 2004, 2005 and 2006 FinTech 100 surveys. Headquartered in Brookfield, Wis., Fiserv reported more than $4.4 billion in total revenue for 2006. For more information, please visit www.fiserv.com. Forward Looking Statements This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements regarding the timing of, and proceeds from, the transactions discussed herein, and the expected impact of the transaction earnings per share, revenue, earnings and margin growth rates. Forward-looking statements are subject to assumptions, risks and uncertainties that may cause actual results to differ materially from those contemplated by such forward-looking statements. The factors that may adversely impact the anticipated outcomes include, among others: the occurrence of any event, change or other circumstances that could give rise to the termination of the transaction agreement; the outcome of any legal proceedings that may be instituted against the parties or others related to the transaction agreement; conditions to the completion of the 3 of 4 Fiserv, Corporate Headquarters, 255 Fiserv Drive, Brookfield, Wisconsin 53045 PH: 262-879-5000 Mailing Address: P.O. Box 979, Brookfield, Wisconsin 53008-0979 Internet: www.fiserv.com Exhibit 4 Fiserv Health Press Release #2 transaction may not be satisfied, or the regulatory approvals required for the transaction may not be obtained on the terms expected or on the anticipated schedule; the amount of the costs, fees, expenses and regarding the timing, completion and accounting and tax treatments of the transaction may be different than currently planned; and other factors identified in filings with the SEC from time to time, including those in its annual report on Form 10-K. You should consider these factors carefully in evaluating forward-looking statements, and are cautioned not to place undue reliance on such statements. Fiserv assumes no obligation to update any forward-looking statements, which speak only as of the date of this press release. FISV-G # # # 4 of 4 Fiserv, Corporate Headquarters, 255 Fiserv Drive, Brookfield, Wisconsin 53045 PH: 262-879-5000 Mailing Address: P.O. Box 979, Brookfield, Wisconsin 53008-0979 Internet: www.fiserv.com AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2007Questions regarding this report may be directed to DEPARTMENT: Finance/Risk ManagementScott Payne at 349-7836 ACM: Jon Fortune SUBJECT Consider approval of an Ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a Pharmacy Benefit Management Agreement for self-funded prescription benefits with Express Scripts, Inc.; authorizing the expenditure of funds therefor; and providing an effective date (RFP 3723- Administrative Services Only (ASO) for Medical and Pharmacy Benefits awarded to Express Scripts, Inc. in the estimated amount of $46,000). BACKGROUND At a Council meeting on December 19, 2006, the Council gave direction to staff to move toward a self-funded health and pharmacy benefits program. A comprehensive request for proposal (RFP) was developed and distributed in March 2007. The City received 19 responses to the RFP from a variety of providers, including insurance companies, third-party administrators (TPA) and pharmacy benefit managers (PBM). On June 19, 2007, the Council received a report and recommendation to move forward with negotiations with Express Scripts, Inc. to provide the -funded pharmacy benefits administration. Since that time, staff has been working with the implementation team at Express Scripts to build our medical benefits plan to match the benefits currently available to our employees, dependents and retirees under the United Healthcare fully-insured medical plan. The process of building that plan and determining how benefits will be processed was a requirement for developing the final contract which is being presented today. As the plan was built, some additional fees were added that were not originally presented to Council on June 19, 2007. The chart below shows a comparison of the fees presented at that time compared with the final fees in the contract. Table 1 Total Pharmacy Administrative Fee Comparison June 19, 2007 Final Estimated Rx Dispensing Fee $ 42,711 $ 42,711 Third Party Appeals Retainer ($250 per month) N/A $ 3,000 Drug Quantity Management Fee ($0.02 Per N/A $ 274 Employee Per Month) Total Estimated Administrative Fee $ 42,711 $ 45,985 Agenda Information Sheet December 4, 2007 Page 2 The majority of the increase is for the retainer fee to set up and have available Managing Care Managing Claims (MCMC) individual disputes how a pharmacy claim is processed (denied, quantity limitation, etc.) by Express Scripts, an appeal can be filed with MCMC who will conduct the appeal on behalf of the City in accordance with all applicable laws. Additionally, in terms of handling the appeal, MCMC will serve as the named fiduciary on behalf of and indemnify the City. Exhibit 3 provides a detailed illustration of the expected plan savings in 2008 by being self-funded. This illustration has been updated since the last time Council reviewed it to reflect additional months of claims experience under United Healthcare and the updated fees for stop loss insurance, Fiserv (medical) and for Express Scripts (pharmacy). In summary: Estimated Fully-Insured Est. Self-Insured Self-Insured Savings Fiserv/Express Scripts $13,955,456 $11,341,934 $2,613,522 Even with the slight increase in overall fees, we are still projecting significant savings for 2008 by moving to a self-funded health benefits program. RECOMMENDATION Staff recommends the approval of the contract with Express Scripts, Inc. for self-funded pharmacy benefits administration. This contract has been reviewed by the Risk Management ESTIMATED SCHEDULE OF PROJECT December 4, 2007 Council Meeting January 1, 2008 Self-funded plan year begins PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council received a White Paper on April 4, 2005, that included a discussion of moving to a self-funding benefits program. The Audit Committee has reviewed the issue of moving to a self-funded medical and pharmacy benefits program during discussion of an Issue Paper on July 14, 2006, and September 13, 2006. The Council approved moving to a self-funded program during a work session discussion on December 19, 2006. Approval was given at the June 19, 2007, Council meeting to begin contract negotiations with Express Scripts, Inc. FISCAL INFORMATION -funded pharmacy benefits program are budgeted in 850500.6705.0002. Agenda Information Sheet December 4, 2007 Page 3 BID INFORMATION The RFP and Vendor List is available should the Council wish to review them. EXHIBITS Exhibit 1 Express Scripts, Inc. Pharmacy Benefit Management Agreement Exhibit 2 Council Agenda Sheet June 19, 2007 Exhibit 3 Self-Funded Claims Comparison Exhibit 4 Ordinance Respectfully submitted: ______________________________ Scott Payne Risk Manager Exhibit 2 Council Agenda Sheet June 19, 2007 AGENDA INFORMATION SHEET AGENDA DATE: June 19, 2007 Questions regarding this report may be directed to DEPARTMENT: Fiscal Operations/Risk ManagementScott Payne at 349-7836 ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding Request for Proposal (RFP) #3723, Administrative Services Only (ASO) for Medical and Pharmacy Benefits. BACKGROUND At a Council meeting on December 19, 2006, the Council gave direction to staff to move toward a self-funded health and pharmacy benefits program. A comprehensive RFP was developed and distributed in March 2007. The City received 19 responses to the RFP from a variety of providers, including insurance companies, third-party administrators (TPA) and pharmacy benefit managers (PBM). The Risk Management staff and consultant, McGriff, Seibels and Williams, evaluated the proposals and chose the top seven to be given to a six-person evaluation committee for further review and scoring. The evaluation committee selected four finalists who were participate in a detailed Question & Answer (Q&A) session with the review committee. Staff and the evaluation committee performed a thorough review information and quality of the presentations, and weighed the credibility and expertise of the vendor staff participating in the Q&A session. Factors such as overall cost, customer service, long-term partnership with the City, provider network disruption, flexibility of systems, and integration with outside vendors were all evaluated. Please refer to Exhibit 1 RFP #3723 Evaluation Summary Report, for additional details regarding the evaluation process and recommendations. RECOMMENDATION The evaluation committee and staff recommend entering into contractual negotiations with Fiserv Health, for self-funded medical benefits administration, and with Express Scripts, for self- funded pharmacy benefit management services. Exhibit 2 Council Agenda Sheet June 19, 2007 ESTIMATED SCHEDULE OF PROJECT June 20, 2007 Begin contract negotiations and plan implementation July 1, 2007 Submit RFP for stop loss insurance coverage July 24, 2007 Present final TPA and PBM contracts for Council approval August 21, 2007 Present stop loss contracts for Council approval September 24, 2007 Begin open enrollment process January 1, 2008 Self-funded plan year begins PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council received a White Paper on April 4, 2005, that included a discussion of moving to a self-funding benefits program. The Audit Committee has reviewed the issue of moving to a self-funded medical and pharmacy benefits program during discussion of an Issue Paper on July 14, 2006, and September 13, 2006. The Council approved moving to a self-funded program during a work session discussion on December 19, 2006. FISCAL INFORMATION A new internal service fund will be established to separately track medical and pharmacy administrative costs as well as medical and pharmacy claims cost. The following demonstrates the estimated 2008 total plan costs for employees, dependents and retirees and the savings resulting from changing to a self-insured plan. This includes an anticipated 7% rate increase in 2008. Fully-Insured Self-Insured Self-Insured Savings Fiserv/Express Scripts $13,955,475 $12,507,993 $1,447,482 BID INFORMATION The RFP and Vendor List is available should the Council wish to review them. EXHIBITS Exhibit 1 - RFP #3723 Evaluation Summary Report Exhibit 2 RFP #3723 Scoring Tool Exhibit 3 Council Presentation Respectfully submitted: ______________________________ Scott Payne Risk Manager Û¨¸·¾·¬ í ó Í»´ºóÚ«²¼»¼ Ý´¿·³ Ý±³°¿®·±² Ú·½¿´ Ü¿¬»æðïñðïñðè ó ïîñíïñðè Û¨°»®·»²½» Ü¿¬»æïðñðïñðê ó ðçñíðñðé Ð®»°¿®»¼æïïñðçñðé Ú·»®ª îððè ÓÛÜ×ÝßÔÎÈÌÑÌßÔ Ð¿·¼ Ý´¿·³ øÑ½¬ò îððê ó Í»°¬ò îððé÷üèôðíçôìçðüïôëðíôðîðüçôëìîôëïð Ò»¬©±®µ Ü·ººò ß¼¶«¬³»²¬ïòðððïòððð ß¼¶«¬»¼ Ý´¿·³üèôðíçôìçðüïôëðíôðîðüçôëìîôëïð Ô¿¹ Ó±²¬¸îòððòë Ô¿¹¹»¼ ÛÛ ß²²«¿´·¦»¼ øß«¹ò îððê ó Ö«´ò îððé÷ïíôêçêïíôéíí Ô¿¹¹»¼ ÛÛ ßª»®¿¹» øß«¹ò îððê ó Ö«´ò îððé÷ïôïìïïôïìì Ð¿·¼ Ý´¿·³ ÐÛÐÓ üëèéòððüïðçòìëüêçêòìì ß²²«¿´·¦»¼ Ì®»²¼çòëûïïòðû Ó±²¬¸ ±º Ì®»²¼ïëòððïëòðð ß°°´·»¼ Ì®»²¼ Î¿¬»ïïòèèûïíòéëû Ì±¬¿´ Ý«®®»²¬ ÛÛ øÍ»°¬ò îððé÷ïôïìðïôïìð Û¨°»½¬»¼ Ý´¿·³ ÐÛÐÓ üêëêòéðüïîìòìç üéèïòîð Þ»²»º·¬ Ü·ºº»®»²¬·¿´ðòçèëðòçèë Ì±¬¿´ Û¨°»½¬»¼ Ý´¿·³ ÐÛÐÓ üêìêòèëüïîîòêíüéêçòìè Û¨°»½¬»¼ Ý´¿·³ ß²²«¿´üèôèìèôçïéüïôêééôëìïüïðôëîêôìëè ß²¬·½·°¿¬»¼ ÍÔ üðüð Ù®± Û¨°»½¬»¼ Ý´¿·³ ß²²«¿´üèôèìèôçïéüïôêééôëìïüïðôëîêôìëè Ð±¬»²¬·¿´ Í°»½·º·½ øüïëðôððð Ü»¼ò÷ñß¹¹®»¹¿¬» Í¬±° Ô± üìïòéðüëîïôçïé Ð±¬»²¬·¿´ ËØÝñÚ·»®ª ß¼³·²ò Ý±¬ üîëòîëüíìëôìîð ß¼¼·¬·±²¿´ Ú·»®ª Ú»»üçôîðð Ð®±¶»½¬»¼ ÎÈ Ý±¬ øß«³» ÛÍ×÷üìëôçèë Ð®±¶»½¬»¼ ÎÈ Î»¾¿¬» øß«³» ÛÍ×÷øüïðéôðìê÷ îððè Ð±¬»²¬·¿´ Í»´º Ú«²¼»¼ Ý±¬üïïôíìïôçíì îððè Ð®±¶»½¬»¼ Ú«´´§ó×²«®»¼ Ð®»³·«³ øéû ×²½®»¿» ±² ðé Ð®»³·«³ ±º üïíôðìîôìèî÷ üïíôçëëôìëê îððê Ð±¬»²¬·¿´ Í¿ª·²¹ñ×²½®»¿» Ò»¬ ±º ÍÔ Î»·³¾«®»³»²¬øüîôêïíôëîî÷ CITY OF DENTON CITY COUNCIL MINUTES October 2, 2007 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, October 2, 2007 at 4:30 p.m.in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: Mayor Pro Tem Kamp 1.Staff responded to requests for clarification of agenda items listed on the agenda for October 2, 2007. There were no requests for clarification but Council Member Heggins asked if African- Americans were bidding on jobs in the City. Tom Shaw, Purchasing Agent, stated that his department actively solicited minority contractors but very few were located within the city. Council Member Montgomery indicated that he would be pulling Item G for separate consideration. 2.The Council held a discussion and gave staff direction regarding the 2008 Council meeting schedule. Jennifer Walters, City Secretary, presented the proposed schedule to Council. Consensus of the Council was to proceed with the schedule as presented. 3.The Council received a report from the Denton County Geriatric Services Workgroup regarding the current and proposed activities of Denton County Senior Services. The Council held a discussion regarding the impact of these activities on the senior community and the city. Barbara Ross, Community Development Administrator, introduced Armand Christopher and Keith Turner from Denton County Geriatric Services Workgroup. Dr. Turner presented a description of their organization. He requested to meet periodically with the Council to report findings and activities. He also asked the Council to work with their group in adopting models done by other groups so services did not fall entirely on the City of Denton. This focus was in response to the fact that the number of seniors who will retire and reside in Denton County was projected to greatly increase. This was to become elder friendly-senior ready. Mr. Christopher stated that “elder friendly” focused on elderly issues and “senior ready” focused on the need for a plan. Resources, planning, health services, transportation, and housing were among some of the issues to consider. Senior-ready development should be encouraged as mixed use development in the community with universal design and sustainable modifications. He asked Council to work with his group to develop statistical information to work as a team role model for other communities in the area. City of Denton City Council Minutes October 2, 2007 Page 2 Gary Crones stated that the tendency was to put off critical issues until an emergency occurred. He urged Council to not do that with these issues. An action plan was needed including following State legislative issues that might affect seniors. He wanted Denton to a model for other communities to follow Mayor McNeill asked what action the Council needed to do to assist with the program. Turner responded that Denton needed to try and develop a planning model that could be adopted by other communities, especially with planning departments. Mayor McNeill asked that they work with the Community Development and Planning staff regarding the various issues. They were welcome to meet with Council on periodic basis. 4.The Council received a report, held a discussion, and gave 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. Linda Ratliff, Director of Economic Development, stated that in order to develop on the property, the developer was asking Council to support the establishment of a municipal setting district which would set restrictions for drilling for potable water on the property. If Council approved the resolution, the developer could approach the TCEQ for the designation. Paul Rodusky, Reed Engineering, presented information regarding the proposed development. The future land use would be a proposed retail development. The MSD would designate the groundwater as non-potable and prohibit any future uses as potable water. The City’s roll in the MSD was to approve an ordinance or resolution that protected public exposure to contaminated groundwater. Council discussion – The restriction would also not allow for a well to use the groundwater for irrigation. What was the risk for development in the area? Rodusky stated that development would not be limited as long as the groundwater was not used. The MSD process still required the property owner to go through TCEQ standards in order to receive the certificate. Council held a lengthy discussion regarding property owner accountability for the contamination at the site, environmental concerns for the property and surrounding area, setting standards for future designations and enforcement of the MSD conditions. Regular Meeting of the City of Denton City Council on Tuesday, October 2, 2007 at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes October 2, 2007 Page 3 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards Mayor McNeill presented proclamations for Heart Health Month and Fire Prevention Week. 3. CONSENT AGENDA Mayor McNeill reviewed the items to be considered on the Consent Agenda Mulroy motioned, Thomson seconded to approve the Consent Agenda with the exception of Items G and I. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Item G was considered. Janie McLeod, Community Events Coordinator, stated that NuconSteel was having a Halloween event on the Square and was requesting an extension of the hours for the noise ordinance from 10:00 p.m. to 10:30 p.m. and noise level from 70 db to 72 db. Montgomery motioned, Heggins seconded to approve Item G. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Item I was considered. Mulroy motioned, Watts seconded to continue the item to future date. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A. 2007-233 - An ordinance authorizing the City Manager to execute the second amendment to professional services agreement by and between the City of Denton and T. R. Edgar & Associates; providing for the expenditure of funds therefor; and providing an effective date (approval of professional services agreement by the City Manager on February 7, 2007; approval of first amendment to professional services agreement on the 18th day of July, 2007 by the Purchasing Department; now the second amendment to professional services agreement for the additional professional services of T.R. Edgar & Associates – in the amount of not to exceed $19,200; for the total amount authorized of $118,700). B.2007-234 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of sand, soil, lime and aggregate for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3850–Annual Contract for the Sand, Soil, Lime and Aggregate awarded to the lowest responsible bidder meeting specification for each item in the estimated annual amount of $2,000,000). City of Denton City Council Minutes October 2, 2007 Page 4 C.2007-235 - An ordinance accepting competitive bids and awarding an annual contract for the rental of heavy equipment for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3851–Annual Contract for Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item in the estimated annual amount of $750,000). D.2007-236 - An ordinance accepting requests for proposals and awarding a contract for the purchase of Individual and Aggregate Stop Loss Insurance for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 3832–Individual and Aggregate Stop Loss Insurance awarded to ING Employee Benefits with a cost of $41.70 per employee per month for an estimated annual cost of $521,917.20). E.Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1.Auto Zone DCAD Supplemental Change 2006$ 686.89 2. Auto Zone DCAD Supplemental Change 2005 $ 648.81 F.2007-237 - An ordinance authorizing the City Manager or his designee to cancel the balance of the non-performed portion of Purchase Order No. 123460 to Jamail Construction Company and pay over the funds held as retainage by the City of Denton to Jamail Construction Company, and to deny the proposed Change Order No. 2 submitted by Jamail Construction Company for the design- build of the landfill scale house; authorizing the Purchasing Department and the Solid Waste Department to re-bid the construction phase of the landfill scale house project; and providing an effective date (cancellation of the balance of Purchase Order No. 123460 to the non-performed portion of the purchase order to Jamail Construction Company regarding the landfill scale house project, and payment of the remaining retainage amount held by the City of Denton over to Jamail Construction Company). The Public Utilities Board recommended approval (6-0). G.Approved a request for an exception to the Noise Ordinance for the purpose of the United Way Masquerade Ball and Halloween Event, sponsored by NUCONSTEEL Commercial Corporation. The event will be held at the County Courthouse-on-the-Square on Wednesday, October 31, 2007, from 6:00 p.m. to 10:30 p.m. The exception was specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 10:30 p.m. and to increase the allowable decibels for an outdoor concert from 70 to 72. H.Approved the minutes for: August 21, 2007 I.NOTE: Consideration of this item was postponed to a future date – 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 City of Denton City Council Minutes October 2, 2007 Page 5 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 (“TECQ”), pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date. 4.PUBLIC HEARINGS A. The Council held a public hearing and considered 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 was at the southeast corner of West Oak Street and Miller Street and was located within a Neighborhood Residential 3 (NR-3) zoning district. (S07-0011, Chi Alpha House) The Planning and Zoning Commission recommended denial (6-0). A supermajority vote by Council was required for approval. Brian Lockley, Interim Director of Planning and Development, stated that the petitioner had requested a postponement of the public hearing as he was unable to attend the meeting. The item would be placed on the November 6, 2007 agenda. The Mayor opened the public hearing. A Comment Card had been submitted by Eugene Hargrove in opposition to the proposal. Donna Woodfork spoke in opposition. Mulroy motioned, Thomson seconded to continue the public hearing until November 6, 2007. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B. The Council held the first of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 835 acres. The property to be annexed was generally located west of the Elm Fork tributary of the Trinity River, east of Collins Road, and north of US 380. (A07-0005, Clear Creek Natural Heritage Area Annexation) Brian Lockley, Interim Director of Planning and Development, stated that this was the first of two public hearings on the Clear Creek Natural Heritage area and the Greenbelt Trail. The ownership of the property was the U. S. Army Corps of Engineers. The annexation of the Clear Creek Natural Heritage Area site would be in two phases. Phase one would be the western portion of the property which would bring in the Nature Center and all areas currently being used for educational activities into the city limits. Phase two would annex an area north of this proposed annexation. Staff had received 6 letters of opposition one of which was from the Union Pacific Railroad. The annexation service plan was included in the backup materials and the proposed annexation met all state mandated requirements. The Mayor opened the public hearing. The following individuals spoke during the public hearing: City of Denton City Council Minutes October 2, 2007 Page 6 Don Turner, 2347 Riverside Drive, Denton, 76208 - opposed Jeff Manie, 2396 Riverside Drive, Denton, 76208 - opposed Diane Cotton, 2162 Riverside Drive, Denton, 76208 - opposed Gerald DeMarsh - asked questions regarding annexation Donna Woodfork - opposed Debra Renner, 2202 Riverside Drive, Denton, 76208 – opposed The Mayor closed the public hearing. No action was needed on this item at this meeting. C. The Council held the first of two public hearings to consider the 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, west of Old Alton Road in the southwestern portion of Denton’s Extraterritorial Jurisdiction (ETJ). (A07- 0004, Wild Mustang Crossing Annexation) Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary annexation initiated by the owner of the property. The property was one of three parcels on this location owned by the applicant. The annexation schedule had met all state mandated requirements for annexation. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing No action was required on this item at this meeting. D. The Council held a public hearing and considered adoption of an ordinance regarding an amendment to Subchapter 35.7.11.3.D of the Denton Development Code (the Unicorn Lake Overlay District) regarding “Minimum House Size”. The Unicorn Lake Overlay District was generally located on approximately 47 acres south of Wind River Boulevard and west of Unicorn Lake Boulevard. The property was located within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. (Z07-0022, Unicorn Lake Overlay District Amendment) The Planning and Zoning Commission recommended approval (4-0). Brian Lockley, Interim Director of Planning and Development, stated that this ordinance would amend the ordinance previously approved for the Unicorn Lake Overlay District which allowed a single-family gated community within the Unicorn Lake development. The requirements of the Overlay District included a minimum residential lot size of 5,000 square feet and a minimum house size of 2,500 square feet of air conditioned living space. The proposed amendment would change the required minimum house size to 2,500 square feet under roof rather than 2,500 square feet of air conditioned space. The 2,500 square feet under roof requirement would not include covered patios or porches unless they were enclosed. City of Denton City Council Minutes October 2, 2007 Page 7 The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-238 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A PORTION OF SECTION 35.11.7 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO THE REQUIRED MINIMUM HOUSE SIZE; AND PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREFOR, SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0022) Thomson motioned, Heggins seconded to adopt the ordinance with the clarification that the minimum 2,500 square feet under roof excluded porches and patios unless they were enclosed. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. 5.ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered approval of a resolution by the City Council of the City of Denton, Texas, supporting the Community Development Block Grant Program and providing an effective date. Barbara Ross, Community Development Administrator, presented information for Item 5A – 5E. The resolution for Item 5A would provide support for the continuation of the Community Development Block Grant Program and if approved would be sent to the City’s congressional representatives. Item 5B would designate the Denton Committee on People with Disabilities as the local organization designated to promote programs and seek funding sources to assist persons with disabilities in the Denton community. Item 5C approved the guidelines for operation of the City’s Home Improvement Program and eligibility criteria. Support for the City’s Home Investment Partnerships Program would be provided by approval of Item 5D. Item 5E would approve the sale of a new single-family home acquired under the Action Plan for Housing and Community Development. Under this program, the vacant lot that was struck off to the City through the tax foreclosure process was acquired and used for construction of a new single- family home. Adoption of this ordinance would allow staff to proceed to sell the unit to an eligible low or moderate-income household. The following resolution was considered: NO. R2007-029 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes October 2, 2007 Page 8 Heggins motioned, Thomson seconded to approve the resolution. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B.The Council considered approval of a resolution of the City Council of the City of Denton, Texas, authorizing the Mayor, as representative of the City, to issue a letter designating the Denton Committee on People with Disabilities for the purposes of promoting aid to disabled persons in the City of Denton; and providing an effective date. The following resolution was considered: NO. R2007-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR, AS REPRESENTATIVE OF THE CITY, TO ISSUE A LETTER DESIGNATING THE DENTON COMMITTEE ON PEOPLE WITH DISABILITIES FOR THE PURPOSES OF PROMOTING AID TO DISABLED PERSONS IN THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Montgomery seconded to approve the resolution. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C.The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Home Improvement Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines and criteria; and providing for an effective date. The following ordinance was considered: NO. 2007-239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME IMPROVEMENT PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $25,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Watts seconded to adopt the ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. D.The Council considered approval of a resolution by the City Council of the City of Denton, Texas supporting the Home Investment Partnerships Program and providing an effective date. The following resolution was considered: City of Denton City Council Minutes October 2, 2007 Page 9 NO. R2007-031 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING THE HOME INVESTMENT PARTNERSHIPS PROGRAM AND PROVIDING AN EFFECTIVE DATE. Montgomery motioned, Heggins seconded to approve the resolution. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. E.The Council considered adoption of an ordinance providing for the sale of real property located at 816 Allen Street as a part of the City’s Infill New Construction Program for affordable housing for sale to low-moderate income buyers; and providing for an effective date. The following ordinance was considered: NO. 2007-240 AN ORDINANCE PROVIDING FOR THE SALE OF REAL PROPERTY LOCATED AT 816 ALLEN STREET AS A PART OF THE CITY’S INFILL NEW CONSTRUCTION PROGRAM FOR AFFORDABLE HOUSING FOR SALE TO LOW-MODERATE INCOME BUYERS; AND PROVIDING FOR AN EFFECTIVE DATE. Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. F.The Council considered approval of a resolution authorizing the city staff to develop an environmentally preferable purchasing policy regarding its public purchasing activities to the extent it is available, to the extent it is practicable, and to the extent reasonably permitted by the Texas state purchasing laws. Katherine Barnett, Special Projects Coordinator, stated that this resolution would allow staff to develop an Environmentally Preferable Purchasing policy which would encourage the use of products having a lesser impact on human health and the environment. The following resolution was considered: NO. R2007-032 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY STAFF TO DEVELOP AN ENVIRONMENTALLY PREFERABLE PURCHASING POLICY REGARDING ITS PUBLIC PURCHASING ACTIVITIES TO THE EXTENT IT IS AVAILABLE, TO THE EXTENT IT IS PRACTICABLE AND TO EXTENT REASONABLY PERMITTED BY THE TEXAS STATE PURCHASING LAWS; PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes October 2, 2007 Page 10 Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. G.The Council considered adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of the "City of Denton Certificates of Obligation ($7,065,000), Series 2007A"; authorizing the issuance of the certificates of obligation, approving and authorizing instruments and procedures relating to said certificates of obligation, and enacting other provisions relating to the subject. Bryan Langley, Director of Finance, stated that during the recent budget development process, it was determined that additional funding was needed to construct various drainage improvements throughout Denton. The proposed budget included a one cent tax increase to support the issuance of Certificates of Obligation for these projects. Laura Alexander, First Southwest, indicated that 7 bids had been received. She recommended awarding the bid to Citigroup Global Markets, Inc. at a true interest rate of 4.397708%. The following ordinance was considered: NO. 2007-241 AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE AND DELIVERY OF THE "CITY OF DENTON CERTIFICATES OF OBLIGATION ($7,065,000), SERIES 2007A"; AUTHORIZING THE ISSUANCE OF THE CERTIFICATES OF OBLIGATION, APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TO SAID CERTIFICATES OF OBLIGATION, AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. Mayor motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. H.The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Regional Recyclables Processing Agreement with Visy Recycling, Inc. (d/b/as Pratt Recycling) providing for the construction and operation of a Materials Recovery Facility (“MRF”) located at the City’s landfill; providing additional authority to the City Manager to execute a lease agreement and any other related document; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). Vance Kemler, Director of Solid Waste, stated that the one proposal had been received from Pratt Industries to construct and operate a materials recovery facility located at the City’s landfill. This will set the stage for the expansion of the local recycling efforts. The following ordinance was considered: City of Denton City Council Minutes October 2, 2007 Page 11 NO. 2007-242 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A REGIONAL RECYCLABLES PROCESSING AGREEMENT WITH VISY RECYCLING, INC. (D/B/AS PRATT RECYCLING) PROVIDING FOR THE CONSTRUCTION AND OPERATION OF A MATERIALS RECOVERY FACILITY (“MRF”) LOCATED AT THE CITY’S LANDFILL; PROVIDING ADDITIONAL AUTHORITY TO THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT AND ANY OTHER RELATED DOCUMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. I.The Council considered approval of a resolution nominating members to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Mayor McNeill indicated that a list of nominees was included in the Council’s backup materials. All were willing to serve another term. Currently Rick Woolfolk and Charles Stafford were the City’s representatives. The following resolution was considered: NO. R2007-033 A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Thomson motioned, Mulroy seconded to nominate Rick Woolfolk and Charles Stafford. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. J.The Council discussed and considered approval of the creation of a temporary ad hoc committee of the city council to include Joe Mulroy, Chris Watts and Charlye Heggins to study and review code enforcement related issues. Thomson motioned, Montgomery seconded to approve the appointment of the three individuals at noted above. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. K. The Council considered nominations/appointments to the City’s Boards and Commissions. There were no nominations for Construction Advisory & Appeals Board, the Human Services Advisory Committee and the Zoning Board of Adjustment. City of Denton City Council Minutes October 2, 2007 Page 12 The Council confirmed the nomination of Michael Green to the Traffic Safety Commission. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. K.Citizen Reports 1.Review of procedures for addressing the City Council. 2.The Council received citizen reports from the following: A.Jerry Yensan regarding the infill ordinance. Mr. Yensan stated that at first he was encouraged when the infill ordinance was passed. He felt that his tract of land clearly applied to that ordinance but the Planning Department told him it did not. He reviewed the history of his tract of land as to what had been done regarding platting. He questioned why his property did not comply with the provisions of the infill ordinance. B.Gerald DeMarsh regarding the annexation of property on Riverside Drive. Mr. DeMarsh was not at the meeting. C.Donna Woodfork regarding diversity with public relations publications. Ms. Woodfork requested that every city publication have a diversity note in the document. She also noted that the City was not spraying for mosquitoes and was not picking up dead animals. L.New Business and Announcements The following items were suggested by Council for future agendas: Deputy Mayor Pro Tem Mulroy asked for a review of Mr. Yensan’s infill application and Council be provided with a written report. Deputy Mayor Pro Tem Mulroy asked for a review of the drainage funding from 1997 to date. M.City Manager’s Report City Manager Campbell did not have a report for Council. N.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Session. City of Denton City Council Minutes October 2, 2007 Page 13 O.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meetings items. With no further business, the meeting was adjourned at 8:22 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 16, 2007 After determining that a quorum was present, the City Council convened in a Work Session on . Tuesday, October 16, 2007 at 5:00 p.min the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: None 1.Staff responded to requests for clarification of agenda items listed on the agenda for October 16, 2007. 2.The Council received a report, held a discussion and gave staff direction related to the occupancy requirements for single-family residences. Lancine Bentley, Program Area Manager, reviewed the definition of a family. This definition was the basis for enforcement efforts which was done on a complaint basis. When a complaint was received, the officer for the district performed a visual inspection of the property. All vehicles on the property were photographed, license plate numbers recorded and vehicle ownership researched. The officer also attempted to contact the residents to gather information about the number of people living on the property and their relationship to each other. If the property was a rental unit, the officer mailed a notice to the property owner indicating that it was a violation of city ordinance to permit more than four unrelated individuals to reside in a single- family household. Before filing a violation or issuing a citation, the Code Enforcement Officer must have probable cause that showed lack of a familial relationship between more than four members of the household, that those members actually lived at the residence and that the residence was a single-family home. The problem was proving these elements beyond a reasonable doubt at trial to obtain a conviction. Staff had contacted other cities for their ordinance provisions and enforcement processes. Many had similar definitions as Denton with no other tools than Denton had for enforcement. Citizens could file a complaint regarding too many residents in a dwelling. They would bring information relative to the residents in the home to the Code Enforcement Office. However, often times, citizens were not willing to file the complaint as they had to go to court to testify if the case went to trial. Questions or options to consider included (1) what were the real concerns, (2) what were the issues that impacted neighbors most, (3) where should enforcement be focused to be the most successful and effective. Staff recommended a continuation on the focus of violations that could result from residences with large number of occupants such as yard parking, excessive trash and debris, noise and disorderly conduct. Staff also recommended the creation of educational materials for realtors, property managers, and UNT and TWU students regarding single-family occupancy requirements in Denton. Council discussed the problems associated with regulation of the provisions of the Code, ways to achieve compliance, number of complaints received, and rental versus owner-occupied residences. Consensus of the Council was to continue working on nuisance violations, develop educational materials and continue to look at ordinances from other cities including provisions such as on- street parking regulations. City of Denton City Council Minutes October 16, 2007 Page 2 3.The Council received a report, held a discussion and gave staff direction related to the Senior Center Feasibility Study. The Parks, Recreation and Beautification Board recommended approval with a vote of (7-0). Emerson Vorel, Director of Parks and Recreation, introduced Craig Reynolds from the architectural firm of Brown, Reynolds, Watford, Inc. That firm compiled and evaluated data based on needs/wants/desires of the seniors and center staff. Mr. Reyolds stated that his firm had performed a feasibility study on what could be done with expansion of the existing building, renovating an existing building or constructing a new building in a new location. He reviewed the results from community meetings, a programming survey, funding and scheduling of the Center, and a space program. He indicated that the purpose of the study was to gather public input and prioritize results. Those results would then be considered by the Parks, Recreation and Beautification Board and City Council. They also reviewed existing funding and determined the City’s ability to fund future projects and appropriate funding sources. Gary DeVries reviewed the programming survey results and the constraints to expanding the current building which included the location of the building in a flood zone, the existing amphitheater, mature trees in the north area of the site and a sewer line running under the existing building. He indicated that currently $595,000 was available for outdoor improvements to the parking lot. An April 2008 bond sale was anticipated for renovation of the existing facility. Anything beyond that would require another bond program for a new facility. Options for renovation of the existing building included (1) the addition of 17,290 square feet to the existing building, and (2) add a larger addition of 19,430 square feet to the existing building. Long term needs for a new building would involve 37,500 square feet. Their recommendation was to place the addition at the back side of building so as to not have to move the sewer line. Consensus of the Council was to work towards an addition in the back of the current building but to also revisit the parking lot allocation and use some of that money inside if available. The current center would then not be expanded any further at this site. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 6:10 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A.Deliberations regarding Real Property – Under Texas Government Code Section 551.072; and Consultation with Attorney – Under Texas Government Code Section 551.071. 1.Deliberated the value and leasing of oil, gas, and mineral interests of the City in City real property, including the City of Denton Municipal Utility Addition, and advice on related legal issues. City of Denton City Council Minutes October 16, 2007 Page 3 Regular Meeting of the City of Denton City Council on Tuesday, October 16, 2007 at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards B.October Yard-of-the-Month Awards Mayor McNeill presented proclamations for National Nurse Practitioner Week and Kinship Caregiver’s Day. 3. CONSENT AGENDA Deputy Mayor Pro Tem Mulroy requested that Item G be pulled for separate consideration. Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item G. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Item G was considered. Mulroy motioned, Kamp seconded to approve Item G with the stipulation that a City representative negotiate the pooling provisions to the City’s best interest and that the Public Utilities Board review the agreement at their next meeting. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A.2007-243 - An ordinance denying the rate increase proposed by the Atmos Energy Corporation, Mid-Tex Division; authorizing participation in a coalition of cities known as Atmos Texas Municipalities (“ATM”); authorizing the hiring of lawyers and rate experts; requiring the reimbursement of municipal rate case expenses; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. B.2007-244 - An ordinance accepting competitive proposals and awarding a contract for the purchase of Group Term Life and Accidental Death and Dismemberment coverage for City employees; providing for the expenditure of funds therefore; and providing for an effective date (RFP 3890–Basic and Supplemental Employee Life Insurance/Accidental Death and Dismemberment Insurance awarded to Hartford Life and Accident Insurance Company in the estimated amount of $129,000). City of Denton City Council Minutes October 16, 2007 Page 4 C.R2007-034 - A resolution of the City Council of the City of Denton, Texas, appointing one member and one alternate to the Board of Directors of the Denton County Transportation Authority; and providing an effective date. The Mobility Committee recommended approval (3-0). D.Approved the minutes of: September 11, 2007 September 18, 2007 September 25, 2007 E.2007-245 - An ordinance authorizing an agreement for abandoning and vacating a 0.442 acre Public Drainage and Detention Easement as recorded by County Clerk file number 2006-157365, Real Property Records of Denton County, Texas, a 0.080 acre Public Water Line Easement as recorded by County Clerk file number 2006-157374, Real Property Records of Denton County, Texas, a 0.126 Public Drainage Easement as recorded by County Clerk file number 2006-157370, Real Property Records of Denton County, Texas, a 0.070 Public Sanitary Sewer Easement as recorded by County Clerk file number 2006-157371, Real Property Records of Denton County, Texas, and also two sections of a Public Drainage Easement being more described as Exhibit A 0.040 acres and Exhibit B 0.013 acres within the document as recorded by County Clerk file number 2006-157366, Real Property Records of Denton County, Texas in the M.E.P. & P.R.R. Survey, Abstract No. 950; and declaring an effective date. The Public Utilities Board recommended approval (6-0). F.2007-246 - An ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. The Airport Advisory Board recommended approval (6-0). G.2007-257 - An ordinance authorizing the City Manager to execute an oil and gas lease with Endeavor Energy for the Municipal Utility Addition containing approximately 58.42 acres, situated in the M. Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, and related documents; and providing an effective date. 4.PUBLIC HEARINGS A.The Council held a public hearing regarding an ordinance 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. Bryan Langley, Director of Finance, stated that new legislation would extend an ad valorem exemption to “goods in transit” that were being shipped to other locations within the state. The legislation would become effective on January 1, 2008 unless the City conducted a public hearing and passed an ordinance opting out of the legislation. The DISD and Denton County would be considering this item at later date. City of Denton City Council Minutes October 16, 2007 Page 5 The Mayor opened the public hearing. No one spoke during the public hearing. Mayor closed public hearing. No action was required on this item at this time. B. The Council held the second of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 835 acres. The property to be annexed was generally located west of the Elm Fork tributary of the Trinity River, east of Collins Road, and north of US 380. (A07-0005, Clear Creek Natural Heritage Area Annexation) Brian Lockley, Interim Director of Planning and Development, stated that this was the second public hearing for this proposal. The annexation of the Clear Creek Natural Heritage Area would be addressed in two phases. Phase one consisted of the western portion of the property which would bring the Nature Center and all areas currently being used for educational activities into the city limits. Phase two would annex an area north of this proposed annexation up to the Elm Bottom Circle Road. A neighborhood meeting was held following the Council’s public hearing nd on October 2. Concerns expressed by the property owners included a change of lifestyle, possible future annexations, increase in individuals visiting the area after hours and adequate response for emergencies. There would be no development of the property and it would remain as a nature center for the City and DISD. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Jeff Manie, 2396 Riverside Drive, Denton, 76208 - opposed - stop at the railroad tracks. Don Turner, 2347 Riverside Drive, Denton, 76208 – opposed - stop at the railroad tracks. Darlene Collins, 2078 Collins, Denton, 76208 - in opposition Betty Clampitt – urged Council to not go past the railroad tracks. Heather Taylor – urged Council to not go past the railroad tracks. Sue Roberson, 3121 North Trinity Road, Denton, 76208 - opposed The Mayor closed the public hearing. No action was needed on this item at this time. C. The Council held a public hearing to consider the adoption of an ordinance regarding a Specific Use Permit (SUP) to allow Heavy Manufacturing on property currently zoned an Industrial Center General (IC-G) district. The approximately 4.736-acre site was located within a portion of Phase 1, Block 1, Lot 1B of the Granite Point Addition at the southwest corner of I-35W and Metro Street. (S07-0011, Tetra Point Fuels at Granite Point) The Planning and Zoning Commission recommended approval (4-0). City of Denton City Council Minutes October 16, 2007 Page 6 Brian Lockley, Interim Director of Planning and Development, stated that the purpose of the specific use permit was to allow heavy manufacturing on property currently zoned IC-G. The applicant would use part of an existing building as a bio-fuel production facility. The project would be in partnership with UNT for research. The Planning and Zoning Commission recommended approval with the following conditions (1) the SUP would expire when the applicant ceased operations of the facility and could not be transferred or assigned and (2) all city codes, standards, and regulations would be met relating to the development of this facility. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Karen Dickson, 1506 Poinsettia, Denton, 76208 - support of Tetra Pont Fuels. Tim Geiger, Tetra Point Fuels - in support of the proposal. Chris Paul, Tetra Point Fuels – in support of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-248 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW HEAVY MANUFACTURING USE ON A PROPERTY CURRENTLY ZONED INDUSTRIAL CENTER GENERAL (IC-G), ON APPROXIMATELY 4.736 ACRES OF LAND, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF I-35W AND METRO STREET, AND LEGALLY DESCRIBED AS PART OF PHASE 1, BLOCK 1, LOT 1B OF THE GRANITE POINT ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS. Mulroy motioned, Thomson seconded to adopt the ordinance. . On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. D. The Council held a public hearing to consider the adoption of an ordinance regarding an amendment to Subchapter 23 - Definitions of the Denton Development Code regarding "Elderly Housing". The Planning and Zoning Commission recommended approval (4- 0). Brian Lockley, Interim Director of Planning and Development, stated that staff had identified the definition for “Elderly Housing” in Subchapter 23 of the Code as deficient and ambiguous. The proposed definition required that to be considered elderly housing, a facility must meet the definitions of one of the three types of elderly housing: assisted living, congregate facility, and life care housing and services. City of Denton City Council Minutes October 16, 2007 Page 7 The Mayor opened the public hearing. No one spoke during the public hearing The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-249 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 23 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO ELDERLY HOUSING; PROVIDING FOR A PENALTY CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF AND AN EFFECTIVE DATE. (DCA07-0003) Watts motioned, Heggins seconded to adopt the ordinance. . On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. E. The Council held the second of two public hearings to consider the voluntary annexation and service plan for approximately 0.123 acres. The property to be annexed was generally located northeast of F.M. 2181/ Teasley Lane, west of Old Alton Road. (A07-0004, Wild Mustang Crossing Annexation) Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary annexation proposed by the applicant. The property was one of three parcels on this location owned by the applicant and was located to the immediate south of Guyer High School. To date, all the required state mandates had been met. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was needed on this item at this time. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered approval of a resolution amending a policy setting guidelines regarding the naming of parks and park facilities, and declaring an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). Emerson Vorel, Director of Parks and Recreation, stated that with the recent requests being made to name and rename parks and park facilities, it was apparent that the original policy was not inclusive enough to meet the needs of the City as it continued to grow. The proposed policy defined the requirements for naming or renaming of parks, with at least one public meeting being City of Denton City Council Minutes October 16, 2007 Page 8 held before consideration and a tracking form. The Parks, Recreation and Beautification Board would make a recommendation to Council for final approval. The following resolution was considered: NO. R2007-035 A RESOLUTION AMENDING A POLICY SETTING GUIDELINES REGARDING THE NAMING OF PARKS AND PARK FACILITIES, AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to approve the resolution. . On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B.The Council considered approval of a resolution adopting a policy setting guidelines regarding the acceptance of public art, and declaring an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). Emerson Vorel, Director of Parks and Recreation, stated that the Public Art Committee felt it was important to establish guidelines to evaluate proposed voluntary public art gifts from private sources, which would enable the city to acquire public art that met a high standard and was appropriate and meaningful for the community. Part of the policy clarified that public art that was not paid with public funds and not placed on public property would not be governed by the policy. The following resolution was considered: NO. R2007-036 A RESOLUTION ADOPTING A POLICY SETTING GUIDELINES REGARDING THE ACCEPTANCE OF PUBLIC ART, AND DECLARING AN EFFECTIVE DATE. Kamp motioned, Thomson seconded to approve the resolution. . On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C.Council considered nominations/appointments to City Boards and Commissions. No nominations were made to the Construction Advisory & Appeals Board or the Zoning Board of Adjustment. Council Member Montgomery nominated Lorn Bortnem to the Human Services Advisory Committee. D.Citizen Reports 1.Review of procedures for addressing the City Council. City of Denton City Council Minutes October 16, 2007 Page 9 2.The Council received citizen reports from the following: A.Euline Brock regarding neighborhood concerns. Dr. Brock was not present at the meeting. B.Peternia Washington regarding “phantoms”. Ms. Washington stated that she had attended meetings at the MLK Center regarding the picture of Dr. King and knew what was and what was not said at the meeting that had been called by the Parks Department. She indicated that the Parks staff had asked those at the meeting how they would feel about taking down the picture of Dr. King at the Center because Hispanics did not feel comfortable with the picture in the foyer. C.Stephanie Johnson regarding DAYFL utilizing City parks. Ms. Johnson was not present at the meeting. D.John Chitwood regarding treatment of homeless by city officials and police. Mr. Chitwood was not present at the meeting. E.New Business and Announcements th Mayor McNeill announced that the DCTA would be hosting its 5 anniversary at their th headquarters on October 25. Mayor McNeill announced that Charles Emery, Chair-DCTA, had received a national award. Mayor McNeill announced the appointment of Teresa Mercado to the Denton Housing Authority. Council Member Watts requested staff look at the parking requirements for DR1 zoning as he felt there were not enough required parking spaces for that type of zoning. Mayor McNeill requested staff to re-investigate the mowing/litter concerns along I35 and the possibility of TxDot allowing for a separate contract or allow volunteers to help with that cleanup. F.City Manager’s Report City Manager Campbell did not have any items for Council. G.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. City of Denton City Council Minutes October 16, 2007 Page 10 H.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:09 p.m. _________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS __________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 5, 2007 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Monday, November 5, 2007 at 11:30 a.m. in the Council Work Session Room. PRESENT: Mayor McNeill; Deputy Mayor Pro Tem Mulroy; Council Members Montgomery, Thomson, and Watts. ABSENT: Mayor Pro Tem Kamp and Council Member Heggins 1.Presentation by Samuel R. Shortes regarding a historic county courthouse project benefitting the Denton County Historical Museum. Mr. Shortes presented information regarding the sale of historic Winchester riles for elected officials/employees in Denton County to benefit Denton County Historical Museum. 2.Discussion with the Environmental Quality Division staff regarding but not limited to department functions, programs, and major accomplishments. Kenny Banks, Environmental Quality Manager, introduced several members of his staff and related what they did. Bill McCullough - Pretreatment Program – worked with protecting the wastewater treatment plant and materials that came into the plant. Katherine Barnett - Special Project Coordinator – indicated that one large project Katherine dealt with was the Clear Creek Natural Heritage Center. Mohammad Ghussain - Water and Wastewater labs – worked with water sampling for the water/wastewater and reuse program. He also dealt with compliance for the City’s Dinodirt products. David Hunter - Watershed Protection Program – David dealt with water quality components and sampled water outside of pipes such as streams and worked with stormwater regulations. Debra Viera - Environmental Compliance Coordinator - coordinated regulations among all of the groups plus environmentally sensitive areas between the Environmental Quality Division and the Planning Department. Council discussion - What was the City’s regulatory authority for compliance with these programs? Banks replied that fines were the last resort and that staff worked instead for compliance with the programs. Were citizens able to bring their water to the lab to have it analyzed? Banks stated yes that the lab could check for various types of bacteriological components. Did the Division check for pollutants in soil? Banks replied no, that they did not do that on a regular basis. What were the fastest moving challenges the Division was facing right now? Banks stated that the immediate challenge was on the federal/state level dealing with the stormwater permits as they required a significant amount of work to keep in compliance. Other challenges dealt with land use issues associated with large developments coming into the area especially in environmentally sensitive areas. City of Denton City Council Minutes November 5, 2007 Page 2 What about the Clear Creek Natural Heritage Center? Barnett stated that the building was complete and was already in use. Many groups used the Center such as Senior Lunch in the Park, master naturalists came out for cleanup, and plant studies were ongoing through UNT with more groups coming out as the uses increased. 3.The Council received a report, held a discussion and gave staff direction regarding litter maintenance and mowing along state highways. Emerson Vorel, Director of Parks and Recreation, presented information regarding contracted litter pickup and mowing along I35 E, Loop 288, and I35 to Hwy 77. He reviewed options for 4, 8 and 12 litter pickup and mowing cycles per year. Currently all of the named areas were maintained by the State but as the State’s budget got tighter; the length between the cycles was expanding. Council discussion - Council should not tell staff how many times to mow/pick up litter but rather if a set number of dollars were given, staff could determine through trial and error how many cycles could be completed. Then during the next budget cycle money could be budgeted appropriately. I35 E was a top priority out of the list of the roadways indicated. These funds would be in addition to what the State was doing but once the City started supplementing the cycles, the State would probably quit picking up litter/mowing. Could only litter pickup be done instead of both litter and mowing? Vorel replied that only picking up litter was not always effective because sometimes the litter could not be seen in the tall grass. Could one or two city employees do this rather than contracting out all of the cycles? Vorel indicated that he would have to check with TxDot to determine who they would allow to perform the tasks. Consensus of the Council was that the City Manager would locate funds for the project in the neighborhood of $40,000 for the next six months. The Manager and staff would determine how best to utilize those dollars and would work those figures into the next budget cycle. Staff would also negotiate with TxDot for options but making it clear that this was supplemental work in addition to the cycles provided by the State. 4.The Council received a report, held a discussion and gave staff direction regarding the selection of an architect for the design of the Public Safety Training Facility. Jon Fortune, Assistant City Manager, stated that proposals had been received for the design of the first phase of the facility. A selection committee had been formed which ranked the seven proposals with the top three firms invited for interviews. Staff was touching base with Council on the process to make sure it was comfortable with proceeding with negotiations with the top firm. If staff was not able to negotiate with the #1 firm, they would proceed to negotiate with the #2 firm. It was anticipated that a contract would come to Council in December. City of Denton City Council Minutes November 5, 2007 Page 3 City Manager Campbell stated that staff was seeking authorization to proceed with negotiations with the firms as they were ranked. Consensus of the Council was to proceed with the process as indicated. With no further business, the meeting was adjourned at 12:20 p.m. ______________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS _______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 6, 2007 After determining that a quorum was present, the City Council convened in a Work Session on . Tuesday, November 6, 2007 at 4:00 p.min the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Montgomery, Thomson, and Watts. ABSENT: Council Member Heggins 1.Staff responded to requests for clarification of agenda items listed on the agenda for November 6, 2007. 2.The Council received a report, held a discussion and gave 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. Kenny Banks, Environmental Quality Manager, presented information on the location of the property. It currently was contaminated with municipal solid waste and the applicant was seeking approval of a resolution in support of the MSD designation. This was part of the requirements of TCEQ to process the application for the MSD. The site was formerly an undesignated dumping location with a pond which was filled in over the years. Banks indicated that the MSD was used in cases where designated groundwater was not currently used for potable water and would not likely be used in the future. This was a less expensive and faster alternative to the existing regulations concerning groundwater. The applicant would still have to go through a voluntary cleanup program with the TCEQ. Without the MSD designation, the site would have to meet groundwater ingestion standards. The TCEQ did have the power to stop the process if it felt it was necessary for the ground water concentration levels. Enforcement of the provisions of the MSD included the State could revoking the MSD, the City enforcing its water well drilling restrictions through the Development Code and the City could withdraw support and request the TCEQ revoke the MSD. Banks noted the influences on surrounding properties (1) only applied to designated groundwater, (2) the groundwater was shallow and not likely developable and (3) the groundwater was bound by an impermeable layer. A well on any surrounding property would be well below the impermeable layer and not in conflict with the contaminated water. TCEQ would evaluate surrounding proposed wells. An advantage to the MSD designation was that it provided a mechanism to ensure that the groundwater would not ever be used for potable purposes as such a mechanism currently did not exist for this site. The MSD designation would ensure that the applicant would remediate this site as required through the TCEQ. Staff recommended support of the resolution as it offered a mechanism to facilitate development to a standard safe to the site. Council discussion - The entire site would have to be cleaned up to TCEQ standards, not just the shallow ground water. Any contaminated materials removed from the site would have to be disposed of properly according to TCEQ standards. City of Denton City Council Minutes November 6, 2007 Page 2 An assessment of surrounding well sites would have to be done as part of the TCEQ regulations for the application. An ordinance needed to be developed for future cases. Banks indicated that Council would have to decide on how to approach such an ordinance – either a blanket ordinance for the entire city or done on a case-by-case basis. The standards for the cleanup program were set at the State level and were based on protected concentration levels. The bottom line was that the MSD was more restrictive than what the City currently had and the State and City had a mechanism for revoking the designation. 3.The Council received a report, held a discussion, and gave 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. Kenny Banks, Environmental Quality Manager, presented a review of the item. Recent changes removed the statewide requirement for certified companies to inspect and maintain ossfs. Prior to that, certified companies were required to provide inspection and maintenance reports to state and local authorities. Now homeowners could perform these activities with no training and with no requirement to submit reports to state or local authorities. The TCEQ did allow for more stringent local regulations for ossfs. Staff was proposing to modify the local ordinance to require inspection and maintenance by certified companies/individuals. The TCEQ approved the changes proposed by staff. Denton currently had 191 of these systems, many of which were clustered in neighborhoods. Environmental impacts to watersheds and surface water resources were also possible. Proposed changes were to require a maintenance contract and a maintenance company that complied with the rules and standards established by the TCEQ. Staff recommended approval of the change, TCEQ had approved this change, as required by regulation, a public meeting had been held on the changes and the Public Utilities Board had recommended approval. Council discussion - How often were the inspections required? Banks replied once every four months. Could the property owner be certified to make the inspections? Banks replied that they would be able to perform those inspections. The ordinance might need to be changed to reflect that individuals could do the inspections and not just companies and that no contract was needed for self-inspection. Consensus of the Council was to proceed with the proposed change with modifications as noted. 4.The Council received a report, held a discussion, and gave staff direction regarding a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant that had been offered to the City of Denton. City of Denton City Council Minutes November 6, 2007 Page 3 David Hunter, Watershed Protection Manager, presented the details of the grant. He indicated that the storms of 2007 helped contribute to the offer of the grant. Water Utilities was applying for a grant to upgrade the existing high water monitoring and alarm system. The grant would upgrade a computer system and high water monitor at 5 locations. The current system was almost 10 years old and replacement equipment was hard to find. The upgrade of the system would integrate with the Wastewater Treatment Plant SCADA. It would also send data to the National Weather Service to assist in flood forecasting. There was no requirement for the grant and no change in budget allocation. Staff suggested acceptance of the grant. Consensus of the Council was to proceed with the project as presented. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:15 p.m.to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A.DELIBERATIONS REGARDING CERTAIN PUBLIC POWER UTILITIES COMPETITIVE MATTERS - Under Texas Government Code Section 551.086. 1.Received 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. Discussed, deliberated, and made recommendations to Staff regarding such issues. 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. 1.Discussed, deliberated, considered, received information from Staff, and provided 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) 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. City of Denton City Council Minutes November 6, 2007 Page 4 1.Discussed, deliberated, considered, received information from Staff, and provided 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) This item was not discussed in Closed Session. 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.Discussed, deliberated, considered, received information from Staff, and provided 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) 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. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards Mayor McNeill presented a proclamation for Salvation Army Red Kettle Campaign Day. Mayor McNeill announced that Denton was a participant in Environmental Awareness Day. 3. CONSENT AGENDA Mayor McNeill reviewed the items to be considered on the Consent Agenda. Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item T. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. City of Denton City Council Minutes November 6, 2007 Page 5 Mayor Pro Tem Kamp left the meeting with a conflict of interest. Item T was considered. Thomson motioned, Mulroy seconded to approve Item T. On roll vote, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A.2007-250 - 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.2007-251 - 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.R2007-037 - 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 recommended approval. D.2007 252 - 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.2007-253 - 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 recommended approval (3-0). F.2007-254 - 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 recommended approval (5-0). City of Denton City Council Minutes November 6, 2007 Page 6 G.2007-255 - 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 recommended approval (5- 0). H.2007-256 - 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 recommended approval (5-0). I.2007-257 - 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). J.2007-258 - 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 recommended approval (5-0). K.2007-259 - 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 recommended approval (5-0). L.2007-260 - 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 City of Denton City Council Minutes November 6, 2007 Page 7 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 recommended approval (5-0). M.2007-261 - 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 recommended approval (5-0). N.2007-262 - 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. O.Approved the minutes of: September 26, 2007 October 1, 2007 P.2007-263 - 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.2007-264 - 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.2007-265 - 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 City of Denton City Council Minutes November 6, 2007 Page 8 funding agreement executed by the city of Denton, of even date herewith, to the developer, DBSI Landsowne I. L. P.; and declaring an effective date. S.Provided 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.2007-266 - 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. Mayor Pro Tem Kamp returned to the meeting following the vote on Item T. 4.PUBLIC HEARINGS A.The Council held a public hearing and considered 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 was 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 recommended approval (3-1). A supermajority vote by Council was required for . approval due to property owner opposition Brian Lockley, Interim Director of Planning and Development, stated that the applicant had th requested a continuation to the next regular Council meeting which would be December 4. The Mayor opened the public hearing. Mulroy motioned, Kamp seconded to continue the public hearing to December 4, 2007. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B.The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit for a Semi-public, Halls, Clubs, and Lodges use which includes a fraternity or sorority house. The site was at the southeast corner of West Oak Street and Miller Street and was located within a Neighborhood Residential 3 (NR-3) zoning district. (S07-0004, Chi Alpha House) The Planning and Zoning Commission recommended denial (6-0).A supermajority vote by Council was required for approval. Brian Lockley, Interim Director of Planning and Development, presented details of the proposal. Staff had become aware of the problems with the site following a code enforcement complaint. Two neighborhood meetings had been held with issues dealing with noise from the use, increased use of parking demands, a decrease in property values and an increased chance of additional types of uses. The SUP allowed that the use would be acceptable or permitted under City of Denton City Council Minutes November 6, 2007 Page 9 controlled conditions and it would be an allowed use in certain neighborhoods as long as specific conditions were maintained. Twelve notices in opposition were received regarding the request which represented 71% of the land area. The Development Review Committee had recommended approval of the SUP with the following conditions (1) the SUP would expire when the applicant vacated the property, (2) the maximum number of individuals residing at the house could not exceed six individuals, and (3) all city standards, codes and regulations from a residential to non-residential use were met. These conditions were placed on the SUP before the proposal went to the Planning and Zoning Commission meeting at which time the request was denied. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Nathan Wesson - petitioner - in favor of proposal. Dixie Stevenson, 1920 W. Oak, Denton, 76201 - opposed Dan Hammond, 2002 W. Hickory, Denton, 76201 - opposed Sandra Hammond, 2002 W. Hickory, Denton, 76201 - opposed Comment cards were received from: Darlene Stewart, 2003 West Oak, Denton, 76201 - opposed Brian Morrison, 305 Mounts, Denton, 76201 - opposed Vicki Morrison, 305 Mounts, Denton, 762021 - opposed Caroline Polliard, 1800 W. Oak, Denton, 76201 - opposed Steven Friedson, 2044 W. Oak, Denton, 76201 - opposed Helen Irked, 1722 W. Oak, Denton, 76201 - opposed Francisca Massardo-Rozzi, 2035 Houston Place, Denton, 76201 - opposed Lilli Wright, 1819 W. Oak Street, Denton, 76201 - opposed Eugene Hargrove, 2025 Houston Place, Denton, 76201 - opposed JoAnn Nunnelly, 2215 Houston Place, Denton, 76201 - opposed Additional speakers included: David Wright, 1819 W. Oak, Denton, 76201 - opposed Elise Ridenour, 2044 W. Oak, Denton, 76201 - opposed The Mayor closed the public hearing. Thomson motioned, Mulroy seconded to deny. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C.The Council held a public hearing and considered adoption of an ordinance 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 was 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 recommended approval (4- 0). City of Denton City Council Minutes November 6, 2007 Page 10 Brian Lockley, Interim Director of Planning and Development, stated that this was a request for a specific use permit to allow a telecommunications tower and alternative mounting device in a neighborhood residential zoning district. The tower would blend in with the existing structure in materials, color and roofing. The Planning and Zoning Commission had recommended approval subject to the conditions that the applicant annually submit a letter confirming the operational status of the tower and that the tower appear as a steeple with its architecture consistent with the existing church. The Mayor opened the public hearing. Michael Batey, applicant, spoke in favor of the request. The Mayor closed public hearing. The following ordinance was considered: NO. 2007-267 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SPECIFIC USE PERMIT TO ALLOW TELECOMMUNICATIONS ANTENNAS INSTALLED IN AN ALTERNATIVE MOUNTING STRUCTURE ON APPROXIMATELY 7.64 ACRES OF LAND, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF AUDRA LANE AND LATTIMORE STREET, AND IS LEGALLY DESCRIBED AS TRACT 18 OF THE J. BROCK SURVEY, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S06-0011) Mulroy motioned, Kamp seconded to adopt the ordinance with the conditions recommended by the Planning and Zoning Commission. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District and declaring an effective date. Bryan Langley, Director of Finance, stated that the Board of Directors sought member nominations from all of the various taxing entities. The City had previously nominated Rick Woolfolk and Charles Stafford. Denton had 170 votes to cast which could be divided between the two nominees or given to just one nominee. The DISD had also nominated the same candidates and was going to spread its votes between the two. The following resolution was considered: NO. R2007-038 A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes November 6, 2007 Page 11 Mulroy motioned, Thomson seconded to split the votes equally between the two nominees. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B.The Council considered approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Bryan Langley, Director of Finance, stated that the Appraisal Review Board members served two year staggered terms. The Board of Directors was seeking nominations to the Board. The following resolution was considered: NO. R2007-039 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to re-nominate John Duffy, Linda Franklin and Jackie Carpenter. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C.The Council considered adoption of an ordinance 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 recommended the annexation proceed as presented (5-0). Brian Lockley, Interim Director of Planning and Development, stated that this was the second reading of the voluntary annexation of the Westview Commercial property. The following ordinance was considered: NO. 2007-268 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 139 ACRES OF LAND, CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE NORTHWESTERN AREA OF THE CITY’S EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY WEST OF INTERSTATE 35 AT THE PROPOSED EXTENSION OF LOOP 288; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (A07-0001) Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. City of Denton City Council Minutes November 6, 2007 Page 12 D.The Council considered 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 recommended the annexation proceed as scheduled (5-0). Brian Lockley, Interim Director of Planning and Development, stated that this was the first reading of this annexation. Two public hearings had been held on this annexation. The service plan was included in the agenda backup materials along with the service analysis which indicated that the same level of service would be provided this property as surrounding properties once annexed. The annexation had met all state requirements to date. Kamp motioned, Mulroy seconded to adopt the ordinance on first reading. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. E.The Council considered adoption of an ordinance 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 recommended the annexation proceed as presented (5-0). Brian Lockley, Interim Director of Planning and Development, stated that this was the first reading of the proposed annexation ordinance of the Clear Creek Natural Heritage area. The property was currently owned by the Army Corps of Engineers and the annexation was initiated by the City. Currently this area was a natural heritage center used by school districts for nature trips and nature studies by neighboring universities. No residential properties were included in the annexation. He indicated that on two separate occasions the citizens of Denton had approved bond programs for the outdoor nature center as well as the DISD providing funding. The annexation had met all the state mandated requirements for annexation. Mayor McNeill indicated that staff had received a letter from Corps noting no opposition to the proposed annexation. Speaker cards were submitted by the following individuals: Mary Lavender, 3140 N. Trinity Road, Denton, 76208 - opposed Mike Brucia, 3140 N. Trinity Road, Denton, 76208 - opposed Don Turner, 2347 Riverside Drive, Denton, 76208 - opposed Jeff Manie, 2396 Riverside Drive, Denton, 76208 - opposed Mulroy motioned, Kamp seconded to adopt the ordinance on first reading. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. City of Denton City Council Minutes November 6, 2007 Page 13 F.The Council considered 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. Carol and Ed Soph submitted a speaker card in opposition. The following resolution was considered: NO. R2007-040 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. Thomson motioned, Kamp seconded to approve the resolution. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. G.The Council considered 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 recommended approval 5-0 City Attorney Snyder indicated that a change in the wording of the ordinance would not be needed as the definition section of the ordinance provided the necessary wording. The following ordinance was considered: City of Denton City Council Minutes November 6, 2007 Page 14 NO. 2007-269 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 Kamp motioned, Thomson seconded to adopt the ordinance as presented. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. H.The Council considered approval of a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant that has been offered to the City of Denton. The Public Utilities Board recommended approval (5-0). Mulroy motioned, Kamp seconded to accept the grant. On roll vote, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. I.The Council considered nominations/appointments to the City’s Boards and Commissions. Deputy Mayor Pro Tem nominated Ira Weinstein to the Construction Appeals and Advisory Board. Council Member Montgomery had previously nominated Lorn Bortnem to the Human Services Advisory Committee. On roll vote to approve the nominations, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. No other nominations were made at this meeting. City of Denton City Council Minutes November 6, 2007 Page 15 J.Citizen Reports 1.Review of procedures for addressing the City Council. 2.The Council received 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. Mr. Thomas felt that the number one problem in downtown Denton was parking. He presented a petition that the old fire station property be made into public parking. Names on the petition were from employees and shoppers in the downtown area and contained 935 signatures. The old fire station property could also be used by downtown churches on Sundays. He urged the Council to not sell the property. The worst case scenario would be for a sale of the property and it develop as residential property as there was no residential parking ordinance for the downtown area. 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. Ms. Ester was not present at the meeting. K.New Business and Announcements Deputy Mayor Pro Tem Mulroy asked staff to follow up on Mr. Thomas’ presentation, looking into specifics of his proposal and other possible downtown parking and relate that to the Downtown Master Plan. He asked that staff bring back options for temporary and permanent relief with possible code provisions for parking in the downtown area. Mayor Pro Tem Kamp stated that the Fort Worth utility waste collectors had started a waste watchers program that train them to watch out for neighborhood areas. She asked staff to look into starting a similar program in Denton. Council Member Watts requested a work session review of development review process. L.City Manager’s Report City Manager Campbell did not have any items for Council. M.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. N.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes November 6, 2007 Page 16 There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:50 p.m. _____________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2007 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________________ SUBJECT Consider recommendation of an ordinance authorizing the partial abandonment of a 0.1403 acre water easement tract situated in the E. Puchalski Survey, Abstract No. 996, and recorded in Document Number 96-R0033726, of the Real Property Records of Denton County, Texas; and providing and effective date. Ì¸» Ð«¾´·½ Ë¬·´·¬·» Þ±¿®¼ ®»½±³³»²¼ ¿°°®±ª¿´ øëóð÷ò BACKGROUND Denton Warehouse Partner is the owner of an approximate 30 acre tract of land which currently houses a warehouse building as illustrated in the attached Location Map. The alternative development project application was administered through the Development Review process to allow the owner to expand their current building and their final plat was approved by P&Z in May 2005. The abandonment request was taken to the Public Utilities Board in November 2007. The water easement tract, now proposed for partial abandonment, was originally required to facilitate the fire suppression service for the building. As part of the current development process, the Applicant has dedicated an alternative water easement that precluded the necessity of the subject utility and drainage easement abandonment tracts. With the current expansion, a new line was installed and the previous waterline, which is now located under the new addition, was plugged and abandoned. During the Development Review process for Anderson Merchandisers, an alternative water alignment was approved by City staff with the understanding that the developer would petition for formal partial abandonment of the subject water easement. Staff performs an analysis on requests for easement abandonment as follows: Is the property tract requested for abandonment considered “excess easement”? Do the easement tracts requested for abandonment have a continued public use? Is it in the best interest of the general public to abandon the government’s rights in the subject abandonment tracts? Would the granting of this request establish a precedent for easement abandonments for future requests? Staff findings on this analysis are as follows: 1.The easement tracts requested for abandonment fit the criteria of excess easement. Excess easement is defined as: Property acquired or used by the City for easement purposes and subsequently declared excess (not needed for the Project, road or streetscape). 2.An alternative water easement solution has been devised that will satisfy the needs of the City of Denton and the Developer. The Developer has conveyed, by separate instrument, a 0.4846 acre water easement, for the express purpose of accommodation for the fire suppression waterlines, which easement eliminates the need for the abandoned easement; 3.Partial abandonment is in the public interest because the area for subject partial abandonment no longer has a compelling future public easement use. 4.This partial abandonment would not set a precedent because the above three standards have been met. OPTIONS 1.Recommend that the City Council approve the proposed partial abandonment. 2.Not recommend that the City Council approve the proposed partial abandonment. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. ESTIMATED SCHEDULE Developer has mobilized. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Utilities Board Approval November 12, 2007 FISCAL INFORMATION Not applicable BID INFORMATION Not applicable EXHIBITS 1.Location Map 2.Site Map 3.Draft Ordinance ìò ÐËÞ Ó·²«¬» Respectfully submitted, Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by: Doreen E. Blackstone Right of Way Agent Real Estate and Capital Support EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3November 12, 2007 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, 7November 12, 2007 at 9:03 a.m. in the Service Center Training Room, City of Denton Service 8Center, 901-A Texas Street, Denton. 9 Present 10: Chair Charldean Newell, Bill Cheek, Phil Gallivan, Randy Robinson, Bill Grubbs and 11John Baines (arrived at 9:27 a.m.) 12 Absent 13: Dick Smith, excused 14 15Ex Officio Members: 16George C. Campbell, City Manager 17Howard Martin, ACM Utilities 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22The Public Utilities Board has received background information, staff’s recommendations, and 23has had an opportunity to raise questions regarding these items prior to consideration. 24 251)Consider recommendation of an ordinance authorizing the partial abandonment of a 0.1403 26acre water easement tract recorded in Recorder’s Number 96-R0033726, of the Real Property 27Records of Denton County, Texas, situated in the E. Pulchalski Survey, Abstract No. 996. 28 Board Member Randy Robinson moved to approve Items 1 and 8 with a second from 29 Board Member Gallivan. The motion was approved by a 5-0 vote. 30 31 32The meeting was adjourned by consensus at 10:49 a.m. AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year 1. Denton PCR Ltd DCAD Supplemental Change 2006 $ 5,920.43 2. MAS Denton VZ LP/Verizon Southwest DCAD Supplemental Change 2006 $ 514.47 BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The refunds are due to a court order change in value. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $6,434.90. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2007 DEPARTMENT: Budget & Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $2,300,000 so that General Fund vehicles and equipment may be purchased; and providing an effective date. BACKGROUND The Fleet Services Department is utilizing Certificates of Obligation for the purchase of General Fund vehicles and equipment for FY2007-08. The Fleet Services Department is requesting a reimbursement ordinance in the amount of $2,300,000. The Certificates of Obligation will only be issued to cover the costs of vehicles and equipment purchased. These funds will be provided by the Unreserved Fund Balance of the General Fund and will be reimbursed with Certificates of Obligation sold in fiscal year 2007-08. These funds will be used to purchase General Fund fleet additions and replacements that were approved as part of the 2007-08 Adopted Budget and the 2007-08 Capital Improvement Budget. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) None FISCAL INFORMATION This ordinance will allow $2,300,000 from the General Fund unreserved retained earnings to be expended and subsequently reimbursed with Certificates of Obligation. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, amending the provisions of Chapter 19 relating to the Municipal Court by amending Section 19-8 to increase the administrative fee charged for certain dismissals of certain traffic offenses from ten dollars to twenty dollars; additionally the state statute numbers referenced in Section 19-8 have been updated to reflect the current statute numbers of these laws; providing for a severability clause; providing a repealer clause; providng a savings clause; and providing for an effective date. BACKGROUND In accordance with Section 502.407, Transportation Code, an administrative fee not to exceed ten dollars ($10), may be assessed by the Municipal Court Judge where state law requires or allows for dismissal of a case due to some act of the defendant. Acceptable dismissals subject to the fee include: correction of an expired motor vehicle registration (Vernon's Ann. Civ. St. art. 6675a-3e, § 7(b)), expired driver's license (Vernon's Ann. Civ. St. art. 6687b, § 2(b)) and expired vehicle inspections certificate (Vernon's Ann. Civ. St. art. 6701d, § 140(g)) when the correction is within ten (10) days of the issuance of the citation and any other instance as provided by state law. th In the recent legislative session (80 Regular Session) Senate Bill 395 was passed amending Section 502.407, Transportation Code, increasing the administrative fee twenty dollars ($20) and allowing twenty (20) working days instead of ten (10) working days for the defendant to remedy the citation issue. Due to the increasing costs associated with operating our Municipal Court, staff recommends increasing the fee to the twenty dollar ($20) level to assist with the payment of court costs. FISCAL INFORMATION This fee yielded $30,910 to the General Fund in Fiscal Year 2007. This increase would double the amount of the fee and yield approximately $61,820 in fiscal year 2008. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a resolution authorizing the City of Denton, as Trustee, to sell certain real property located at 1330 Morse Street; consenting to the sale of certain real property to the highest bidder as provided by law; authorizing the Mayor of the City of Denton, Texas to execute a deed without warranty and any other documents necessary or appropriate to convey certain real property sold by the City of Denton, as Trustee, pursuant to section 34.05 of the Texas property tax code; and providing for an effective date. BACKGROUND The Texas Property Tax Code prescribes recourse to taxing units for property that has been sufficient to pay the lesser of the amount calculated under the judgment or the adjudged value is not received, and the taxing unit that requested the order of sale does not terminate the sale, the officer making the sale shall bid the property off to the taxing unit that requested the order of trustee for the use and benefit of itself and all other taxing units that established tax liens in the suit. This property has been in delinquency since 1986. On November 14, 2002, a tax suit was filed with a resultant judgment rendered on March 13, 2003. On July 7, 200 and further described in the Denton County Deed Records, Volume 2508, Page 705, Denton County, Texas A1266A WM. Teague, Tract 14, Acres 1.640, Old DCAD Tr 4B, Account No. R34864. The property was taken to auction, a sufficient bid was not received, and the property was conveyed to the City of Denton as trustee for all participating taxing entities. RECOMMENDATION Sawko & Burroughs, the tax attorney for the City of Denton, recommends the resale of the property at public auction for any price deemed sufficient by the officer conducting the sale, as property by resolution of its governing body may request the sheriff or a constable to sell the entities by generating property taxes. Agenda Information Sheet December 4, 2007 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) A resolution to sell this property was presented to Council at the April 4, 2006, City Council meeting. No bid was received for this property. There is no minimum expectation for the second sale, nor is one required under Property Tax Code. FISCAL INFORMATION The above mentioned property has accumulated a total of $1,658.56 ($850.94 base tax and $807.62 penalty, interest, and collection fees) delinquent taxes due to the City of Denton. Total taxes due for all taxing units are: City of Denton $ 1,885.75 Denton ISD 31,837.04 County Education District 3,513.26 County of Denton 3,948.23 and (d) of this section may be sold for any amount. EXHIBITS July 24, 2007 Letter from Sawko & Burroughs Resolution Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: December 4, 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 First Amendment to Professional Services Agreement for Surveying Services with Coleman & Associates Land Surveying, for additional services pertaining to conventional Landfill (File 3901-in the additional amount of $75,000, and a grand total of $122,957 for both the first amendment and the original agreement); authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board approved this item by a vote of (6-0). FILE INFORMATION During the 2007-2008 fiscal year, the Landfill will require quarterly surveys of the landfill working area, quarterly reports, and an annual report. On occasion, the Landfill staff may also utilize Coleman & Associates to survey specific areas of the Landfill as needed for capital construction projects. Coleman & Associates has provided annual ground surveying services at the CLandfill for many years, and has maintained a landfill surveying database history over this time. The Coleman & Associates staff is familiar with the City of Denton L operational practices, and works well with the Landfill staff, and in a timely manner. Survey information obtained from the quarterly surveys and reports is utilized by City staff in working to meet operational goals, and is additionally provided to the Texas Commission on Environmental Quality (TCEQ), to maintain compliance wi PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its November 12, 2007 meeting. On September 10, 2007, the PUB approved a professional services agreement with Coleman and Associates Land Surveying in the amount of $47,957 for topographical surveying for the construction of Cell 3A. Agenda Information Sheet December 4, 2007 Page 2 RECOMMENDATION Approve the first amendment to the professional services agreement with Coleman and Associates Land Surveying in the amount of $75,000 for a total contract amount of $122,957. PRINCIPAL PLACE OF BUSINESS Coleman and Associates Land Surveying Denton, TX ESTIMATED SCHEDULE OF PROJECT This agreement is for surveying services for Landfill Cell 2A for the 2007-08 fiscal year and will end September 30, 2008. FISCAL INFORMATION Payment of these services will be funded from the Landfill operating budget, account number 660300.7879. EXHIBITS Ordinance for First amendment to Professional Services Agreement First Amendment to Professional Services Agreement Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. 2007-_________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR SURVEYING SERVICES WITH COLEMAN & ASSOCIATES LAND SURVEYING, FOR ADDITIONAL SERVICES PERTAINING TO CONVENTIONAL TECHNOLOGY TO MONITOR AND REPORT THE RATE OF FILL IN CELL 2 OF THE (FILE 3901-IN THE ADDITIONAL AMOUNT OF $75,000, AND A GRAND TOTAL OF $122,957 FOR BOTH THE FIRST AMENDMENT AND THE ORIGINAL AGREEMENT); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to continue to engage Coleman & Associates Land Surveying, of Denton, Texas Coleman conventional tech (MSW Permit No. 1590A); the City Council has previously engaged Coleman to perform a portion of its surveying service needs, and has been satisfied as to both the quality and reasonable price of work; 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, the Public Utilities Board of the City of Denton has considered this First Amendment to Agreement and has recommended approval thereof by a vote of 6 to 0; 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 to Professional Services Agreement with Coleman & Associates Land Surveying, of Denton, Texas, licensed Texas surveyors, in an amount not-to-exceed an additional $75,000 for further professional surveying services (resulting in a total expenditure authority of not to exceed $122,957 for both the original Agreement and the First Amendment, to the City of Denton Landfill (MSW Permit No. 1590A); in substantially the form of the First Amendment incorporated herewith by reference. SECTION 3. The award of this Agreement by the City is on the basis of the continued demonstrated competence, knowledge, and qualifications of Coleman and the continued demonstrated ability of Coleman to perform the services needed by the City for a fair and reasonable price. SECTION 4. The expenditure of funds as provided in the attached First Amendment 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 2-ORD-File 3901 Change Order 1 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 November 12, 2007 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, 7 November 12, 2007 at 9:03 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, Bill Cheek, Phil Gallivan, Randy Robinson, Bill Grubbs and 11 John Baines (arrived at 9:27 a.m.) 12 Absent 13 : Dick Smith, excused 14 15 Ex Officio Members: 16 George C. Campbell, City Manager 17 Howard Martin, ACM Utilities 18 OPEN MEETING: 19 20 Board Member Phil Gallivan pulled Item 5 for Individual Consideration. 21 22 CONSENT AGENDA: 23 24 The Public Utilities Board has received background inf 25 has had an opportunity to raise questions regarding these items prior to consideration. 26 27 2)Consider the approval of Bid No. 3692, submitted by Shaw Environmental and 28 Infrastructure, Inc., Baton Rouge, Louisiana, for the construction of landfill gas 29 extraction wells and the gas collection system, and the installation of a gas flare at 30 amount of $1,265,514. 31 32 3)Consider recommending approval of a Professional Services Agreement with 33 Miner 34 Information System (GIS) ArcFM database to ArcGIS, ArcSDE and ArcFM 35 version 9.2, Oracle 10g and implement ArcFM Viewer for ArcGIS Engine with 36 the Redliner Extension for data synchronization of mobile field laptop units in an 37 amount not to exceed $78,755. 38 Board Member Randy Robinson moved to approve Items 1, 2, and 3, with a second from 39 Board Member Gallivan. The motion was approved by a 5-0 vote. 40 41 ITEMS FOR INDIVIDUAL CONSIDERATION 42 : 43 44 4)Consider recommending approval of an Agreement between Denton Municipal 45 Electric and Enercom, Inc. for the purchase of software and services in the form 46 of the Energy Depot® product for the FY08 in the amount of $62,600. 47 48 Howard Martin, ACM, called on Lisa Lemons, Marketing Manager. Lemons stated that out of 49 46,000 customers, DME averages 189 energy audits, home or business, in person per year, and 50 because this service reaches a small percentage of the population, staff is proposing, after Draft Minutes of the Public Utilities Board meeting November 12, 2007 2 of 3 1 reviewing different tools, the purchase of software from Enercom, Inc. which offers The Energy 2 Depot® suite of products for homes, businesses. 3 4 Lemons then presented an on-line review of the Energy Depot® suite program which is currently 5 in use by the City of Garland and offers greater versatility for its residential customers and is 6 7 commercial customers. 8 9 The suite of products allows customers to create an account with Energy Depot® with a user 10 name and password that will allow them to access as often as they choose. Customers can input 11 past usage history and creates graphs based upon that history to measure consumption. DME 12 provides its current rate structure so that the customer has access the most accurate information. 13 14 The $62,600 cost is for a 36-month contracted term. The initial cost is $35,000 with the balance 15 being distributed over the remainder of the 24 month period. The cost includes set up fees and 16 software licensing and hosting in English and Spanish. 17 18 Board Member John Baines asked if this was something that was really needed. Sharon Mays, 19 DME General Manager, replied staff was trying to be attuned to the message that Council is 20 sending which is energy efficiency, and this is a way to reach the customer with a message 21 promoting efficiency, and to assure the customer that DME is there in a positive way. 22 23 Board Member Gallivan stated he wanted to go on record that he thought this was an 24 unnecessary luxury, but that he would probably vote in favor of it. 25 Board Member Bill Cheek moved to approve with a second from Board Member John 26 Baines. The motion was approved by a 5-1 vote. 27 28 29 5)Consider approval of a proposal between Coleman & Associates Land Surveying 30 and the City of Denton for Coleman & Associates to provide professional services 31 to the City during fiscal year 2008 for annual ground surveying services and 32 33 $75,000, and total amount not to exceed a grand total of $122,957. 34 35 Board Member Gallivan stated it seemed that $75,000 was spent last year and had something 36 new been added to raise the dollar amount. Vance Kemler, Director of Solid Waste, replied 37 there were expenditures last year in the amount of $75,000 and staff was asking for authorization 38 for an additional amount of $47,000 for ground surveying services. 39 Board Member Gallivan moved to approve with a second from Board Member Robinson. 40 The motion was approved by a 6-0 vote. 41 42 43 10)Consider recommending approval of a professional services agreement with SGS 44 Engineering, LLC, a corporation of Lubbock, Texas, for civil, structural, and electrical 45 design and other engineering and related consulting services for CIP projects for Denton 46 Municipal Electric in an amount not to exceed $508,000. 47 Draft Minutes of the Public Utilities Board meeting November 12, 2007 3 of 3 1 Howard Martin, ACM, called on Chuck Sears, Engineering Administrator, to present this item. 2 Sears stated that when designs are undertaken for some of the major projects assistance is 3 required both from a manpower standpoint and an expertise standpoint. It will also provide some 4 electrical design assistance in the substation area, putting in all the connectors and providing 5 notations on the construction drawings. Consultants are full-time and provide these types of 6 services to DME. 7 8 Chair Newell stated that as an agenda item this was actually slightly confusing in she thought the 9 recommendation was going to be for this new firm formed by the people who left. Sears replied 10 that was correct in that the name was very close to the old firm that DME has worked with since 11 1999. SGS Engineering, LLC are the engineers who actually sign the documents and that is 12 what DME is trying to preserve. 13 14 Board Member Gallivan asked if the estimates and who would monitor the bills as 15 they come in. Sears stated the estimates are based on what had previously been spent, as well as 16 from a budget already presented. Sears stated he would be the one to monitor the contract. 17 Board Member Grubbs moved to approve with a second from Board Member Robinson. 18 The motion was approved by a 6-0 vote. 19 20 21 The meeting was adjourned by consensus at 10:49 a.m. AGENDA INFORMATION SHEET AGENDA DATE: December 4, 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 Council of the City of Denton, Texas authorizing the City Manager to execute a professional and personal services agreement by and between the City of Denton, Texas and the firm of Telvent Miner & Miner Consulting Engineers, Inc. to provide software engineering services associated with the migration of the Denton Municipal Electric Utility Geographic Information System ( therefor; and providing an effective date. (File 3919-in a not to exceed amount of $78,755). The Public Utilities Board approved this item by a vote of (5-0). FILE INFORMATION This item is for the approval of professional service agreement with Telvent Miner & Miner Consulting Engineers, Inc. to perform consulting services pertaining to the following: (1) the and Oracle 10g and (2) the implementation and enterprise data synchronization of Mobile ArcFM Viewer for ArcGIS Engine with Redliner Extension. A complete description of the project is included in the attached Public Utilities Board agenda information sheet (Exhibit 1). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its November 12, 2007 meeting. RECOMMENDATION Approve a professional services agreement between the City of Denton and Telvent Miner & Miner Consulting Engineers, Inc. in an amount not to exceed $78,755. PRINCIPAL PLACE OF BUSINESS Telvent Miner & Miner Consulting Engineers, Inc. Fort Collins, CO ESTIMATED SCHEDULE OF PROJECT The upgrade is planned to begin in January 2008 and is to be completed within 14 weeks. Agenda Information Sheet December 4, 2007 Page 2 FISCAL INFORMATION This item will be funded from the following account numbers 600500.7854.5880 in the amount of $21,608, 600200.6504.5880 in the amount of $28,573.50 and 600300.6504.5880 in the amount of $28,573.50 for a total of $78,755. EXHIBITS Public Utilities Board Agenda Information Sheet Ordinance Professional Service Agreement with Telvent Miner & Miner Consulting Engineers Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #3 AGENDA INFORMATION SHEET AGENDA DATE: November 12, 2007 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT: Consider recommending approval of a Professional Services Agreement with Miner & Miner ArcFM database to ArcGIS, ArcSDE and ArcFM version 9.2, Oracle 10g and implement ArcFM Viewer for ArcGIS Engine with the Redliner Extension for data synchronization of mobile field laptop units in an amount not to exceed $78,755. BACKGROUND: DME must maintain records and maps for the electric system installed equipment. A geographic informati City more than fourteen years ago. GIS software assists electric utilities in increasing productivity, and improving services by effectively managing spatial data. ESRI was selected as the base GIS system, and the companion Miner & Miner electrical specialty software product line ArcFM was selected to handle the electric system data application. The City maintains all the land base data (streets, parcels, addresses, etc.), and other departments add data for their specific need through additional specialty software application packages, similar to the Miner & Miner ArcFM electrical software, to manage data for their own unique applications (e.g. water or electric). As with any software product, the software matures over time. Approximately six months ago, ESRI and Miner & Miner made a significant upgrade in their software to more efficiently manage mobile data exports. Other changes within the City make it imperative that DME interface to electric data, file structure and reporting capabilities in the new software version will improve efficiencies for both office GIS enterprise computer users and field personnel. Both DME and the City of Denton Technology Services departments have recognized that the GIS migration to the most recent platform will result in increased system stability, provide a more robust system environment and allow improved data connectivity across the network. With cost pressures on every segment of industry, Miner & Miner has taken advantage of years of experience and improvements in related software to offer a standardized package that is currently used at other rural electric cooperatives, investor owned utilities and municipally owned electric utility companies. Miner & Miner has successfully implemented their electric utility product line at numerous electric utilities such as Garland Power and Light, Co-Serv in Corinth, CPS Energy of San Antonio, Public Service of New Mexico, Texas New Mexico Power, and utilities across the nation from Burbank Power and Light to Kissimmee Utility Exhibit 1 AIS PUB Agenda Item #3 November 12, 2007 Page 2 of 3 Authority in Florida. Miner & Miner is also used internationally in countries such as New Zealand, Pakistan, Norway, Turkey and the Kingdom of Bahrain. The Miner & Miner GIS winter article where Pacific Gas and Electric Company (PG&E) selected Miner & Miner as the ESRI GIS electric utility interface. The Miner & Miner ArcFM open architecture product provides DME the flexibility and platform to meet current and future business needs while providing an industry recognized GIS tool. Since software constantly grows and evolves it is imperative that DME upgrade to stay compatible with and interface with the City of Denton GIS system. DME was informed by Oracle several weeks ago, that they plan to cease support of our current version of software the end of this year. DME must maintain accurate system infrastructure records and be able to accurately produce electrical system operational maps. OPTIONS: 1.Upgrade to current GIS software versions that are developed for electric utilities, which facilitates synchronization of data with mobile crew laptops. 2.Do not upgrade the electric GIS software version resulting in numerous inefficiencies and no support for the Oracle portion after the end of the year. RECOMMENDATION: Enter a contract with Miner & Miner to migrate existing electric GIS data to ArcGIS, ArcSDE and ArcFM version 9.2, Oracle 10g and implement ArcFM Viewer for ArcGIS Engine with the Redliner Extension for mobile field laptop units ESTIMATED SCHEDULE: The work is tentatively planned to start in January 2008 and completed in 14 weeks. PRIOR ACTION/REVIEW (Council, Boards, Commissions): None FISCAL INFORMATION: Funded from approved DME operational budgets: 600500.7854.5880, 600200.6504.5880 and 600300.6504.5880. BID INFORMATION: Miner & Miner Consulting Engineers, Inc. is the sole source vendor for the ArcFM electrical companion package that the City has adopted. DATE SCHEDULED FOR COUNCIL APPROVAL: December 4, 2007 Exhibit 1 AIS PUB Agenda Item #3 November 12, 2007 Page 2 of 3 EXHIBITS: 1.Professional Services Agreement and Scope of Work Respectfully submitted, Sharon Mays General Manager of Electric Utilities Electric Administration Prepared by: Chuck Sears Engineering Manager Denton Municipal Electric ORDINANCE NO. 2007-__________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL AND PERSONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE FIRM OF TELVENT MINER & MINER CONSULTING ENGINEERS, INC. TO PROVIDE SOFTWARE ENGINEERING SERVICES ASSOCIATED WITH THE MIGRATION OF THE DENTON MUNICIPAL ELECTRIC UTILITY GEOGRAPHIC THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (FILE 3919-IN A NOT TO EXCEED AMOUNT OF $78,755). WHEREAS, Telvent Miner and Miner Consulting Engineers, Inc., a Colorado corporation, being most highly qualified entity on the basis of its demonstrated competence and qualifications to perform the proposed professional services for the city; and WHEREAS, the services of Telvent are services procured from a sole-source provider that are only available from one source, and therefore exempt from competitive bidding under the provisions of Texas Local Government Code Sec. 252.022(a)(7); the services are likewise professional and personal services that are also exempt from competitive bidding under the provisions of Texas Local Government Code, Sec. 252.022(a)(4); and WHEREAS, attached hereto and made a part hereof by reference is a proposed Agreementof Denton, Texas and Telvent to perform engineering services associated with the migration of the geographical information system regarding Denton Municipal Electric; and WHEREAS, the fees under the Agreement are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to profession and such fees do not exceed the maximum, if any, provided by law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The City Council hereby approves the Agreement. The City Manager, or his designee is hereby authorized to execute the Agreement on behalf of the City and to carry out the rights and duties of the City under the Agreement; and the City Manager is authorized to expend funds as specified and required by the Agreement. A true and correct copy of said Agreement SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ______ day of _________________, 2007. _________________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-File 3919 Û¨¸·¾·¬ ß 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 November 12, 2007 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, 7 November 12, 2007 at 9:03 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, Bill Cheek, Phil Gallivan, Randy Robinson, Bill Grubbs and 11 John Baines (arrived at 9:27 a.m.) 12 Absent 13 : Dick Smith, excused 14 15 Ex Officio Members: 16 George C. Campbell, City Manager 17 Howard Martin, ACM Utilities 18 OPEN MEETING: 19 20 Board Member Phil Gallivan pulled Item 5 for Individual Consideration. 21 22 CONSENT AGENDA: 23 24 The Public Utilities Board has received background inf 25 has had an opportunity to raise questions regarding these items prior to consideration. 26 27 2)Consider the approval of Bid No. 3692, submitted by Shaw Environmental and 28 Infrastructure, Inc., Baton Rouge, Louisiana, for the construction of landfill gas 29 extraction wells and the gas collection system, and the installation of a gas flare at 30 amount of $1,265,514. 31 32 3)Consider recommending approval of a Professional Services Agreement with 33 Miner 34 Information System (GIS) ArcFM database to ArcGIS, ArcSDE and ArcFM 35 version 9.2, Oracle 10g and implement ArcFM Viewer for ArcGIS Engine with 36 the Redliner Extension for data synchronization of mobile field laptop units in an 37 amount not to exceed $78,755. 38 Board Member Randy Robinson moved to approve Items 1, 2, and 3, with a second from 39 Board Member Gallivan. The motion was approved by a 5-0 vote. 40 41 ITEMS FOR INDIVIDUAL CONSIDERATION 42 : 43 44 4)Consider recommending approval of an Agreement between Denton Municipal 45 Electric and Enercom, Inc. for the purchase of software and services in the form 46 of the Energy Depot® product for the FY08 in the amount of $62,600. 47 48 Howard Martin, ACM, called on Lisa Lemons, Marketing Manager. Lemons stated that out of 49 46,000 customers, DME averages 189 energy audits, home or business, in person per year, and 50 because this service reaches a small percentage of the population, staff is proposing, after Draft Minutes of the Public Utilities Board meeting November 12, 2007 2 of 3 1 reviewing different tools, the purchase of software from Enercom, Inc. which offers The Energy 2 Depot® suite of products for homes, businesses. 3 4 Lemons then presented an on-line review of the Energy Depot® suite program which is currently 5 in use by the City of Garland and offers greater versatility for its residential customers and is 6 7 commercial customers. 8 9 The suite of products allows customers to create an account with Energy Depot® with a user 10 name and password that will allow them to access as often as they choose. Customers can input 11 past usage history and creates graphs based upon that history to measure consumption. DME 12 provides its current rate structure so that the customer has access the most accurate information. 13 14 The $62,600 cost is for a 36-month contracted term. The initial cost is $35,000 with the balance 15 being distributed over the remainder of the 24 month period. The cost includes set up fees and 16 software licensing and hosting in English and Spanish. 17 18 Board Member John Baines asked if this was something that was really needed. Sharon Mays, 19 DME General Manager, replied staff was trying to be attuned to the message that Council is 20 sending which is energy efficiency, and this is a way to reach the customer with a message 21 promoting efficiency, and to assure the customer that DME is there in a positive way. 22 23 Board Member Gallivan stated he wanted to go on record that he thought this was an 24 unnecessary luxury, but that he would probably vote in favor of it. 25 Board Member Bill Cheek moved to approve with a second from Board Member John 26 Baines. The motion was approved by a 5-1 vote. 27 28 29 5)Consider approval of a proposal between Coleman & Associates Land Surveying 30 and the City of Denton for Coleman & Associates to provide professional services 31 to the City during fiscal year 2008 for annual ground surveying services and 32 33 $75,000, and total amount not to exceed a grand total of $122,957. 34 35 Board Member Gallivan stated it seemed that $75,000 was spent last year and had something 36 new been added to raise the dollar amount. Vance Kemler, Director of Solid Waste, replied 37 there were expenditures last year in the amount of $75,000 and staff was asking for authorization 38 for an additional amount of $47,000 for ground surveying services. 39 Board Member Gallivan moved to approve with a second from Board Member Robinson. 40 The motion was approved by a 6-0 vote. 41 42 43 10)Consider recommending approval of a professional services agreement with SGS 44 Engineering, LLC, a corporation of Lubbock, Texas, for civil, structural, and electrical 45 design and other engineering and related consulting services for CIP projects for Denton 46 Municipal Electric in an amount not to exceed $508,000. 47 Draft Minutes of the Public Utilities Board meeting November 12, 2007 3 of 3 1 Howard Martin, ACM, called on Chuck Sears, Engineering Administrator, to present this item. 2 Sears stated that when designs are undertaken for some of the major projects assistance is 3 required both from a manpower standpoint and an expertise standpoint. It will also provide some 4 electrical design assistance in the substation area, putting in all the connectors and providing 5 notations on the construction drawings. Consultants are full-time and provide these types of 6 services to DME. 7 8 Chair Newell stated that as an agenda item this was actually slightly confusing in she thought the 9 recommendation was going to be for this new firm formed by the people who left. Sears replied 10 that was correct in that the name was very close to the old firm that DME has worked with since 11 1999. SGS Engineering, LLC are the engineers who actually sign the documents and that is 12 what DME is trying to preserve. 13 14 Board Member Gallivan asked if the estimates and who would monitor the bills as 15 they come in. Sears stated the estimates are based on what had previously been spent, as well as 16 from a budget already presented. Sears stated he would be the one to monitor the contract. 17 Board Member Grubbs moved to approve with a second from Board Member Robinson. 18 The motion was approved by a 6-0 vote. 19 20 21 The meeting was adjourned by consensus at 10:49 a.m. AGENDA INFORMATION SHEET AGENDA DATE: December 4, 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 City Manager to execute a professional services agreement for engineering services and related services for approved electrical power system construction projects for Denton Municipal Electric with SGS Engineering, LLC (File 3927-in an amount not-to-exceed $508,000); authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board approved this item by a vote of (6-0). FILE INFORMATION This professional service agreement is for consulting services to be provided by SGS Engineering, LLC to produce structural and electrical designs for five transmission line projects for Denton Municipal Electric. A complete description of the services to be provided is included in the attached Public Utilities Board agenda information sheet (Exhibit 1). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its November 12, 2007 meeting. RECOMMENDATION Approve a professional services agreement with SGS Engineering, LLC in an amount not to exceed $508,000. PRINCIPAL PLACE OF BUSINESS SGS Engineering, LLC Lubbock, TX ESTIMATED SCHEDULE OF PROJECT This agreement will cover the design of projects planned through the 2009-2010 fiscal year. Agenda Information Sheet December 4, 2007 Page 2 FISCAL INFORMATION The projects planned for the 2007-2008 fiscal year will be funded from the following accounts: Account 600129488.1360.3550 Denton West to RD Wells $ 20,000 Account 600130489.1360.3550 RD Wells to Hickory $ 15,000 Account 600775489.1360.3550 Hickory to US HWY 380 $ 12,000 Account 600774489.1360.3550 Hickory to Locust $ 2,000 Account 601124489.1360.3550 Denton West to Denton North $ 4,000 Account 600483489.1360.3550 Spencer to Kings Row $250,000 $303,000 EXHIBITS Public Utilities Board Agenda Information Sheet Ordinance Professional Service Agreement with SGS Engineering, LLC Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #10 AGENDA INFORMATION SHEET AGENDA DATE: November 12, 2007 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________________ SUBJECT: Consider recommending approval of a professional services agreement with SGS Engineering, LLC, a corporation of Lubbock, Texas, for civil, structural, and electrical design and other engineering and related consulting services for CIP projects for Denton Municipal Electric in an amount not to exceed $508,000. BACKGROUND: Denton Municipal Electric (DME) requires the support of consulting engineers to produce structural and electrical designs for electric substations, transmission lines, protection systems, and to provide other engineering related support for projects that are approved in the CIP. Over time, there will not be sufficient work to justify having civil, structural, and other engineers on staff that possess the specialized expertise necessary to prepare designs for the various types of projects required and to provide the field support for certain construction activities (such as the extensive surveying and staking required for transmission line design and construction). Using outside engineering resources is a reasonable method for obtaining the temporary and specialized services needed. DME has had a professional services contract with SGS Witter to provide engineering services since 1999. Personnel from SGS Witter have completed the structural and electrical designs for all the substations and transmission line projects DME has undertaken since 2000. SGS Witter was purchased by TRC (a larger engineering and services group) in 2002. By 2006, TRC had reorganized the company and had allocated the resources most familiar with DME projects and practices to clients other than DME. This resulted in higher costs and slower Most of the principal owners and engineers that were with the Lubbock and Louisiana offices of SGS Witter before the TRC buyout have elected to leave TRC and to establish new consulting firms. In late 2006, DME entered a professional services agreement with CLC Engineers, which is made up of personnel from the original SGS Witter office in Alexandria, LA. Recently, all of the individuals that were in the SGS Witter Lubbock office left TRC and started a new company called SGS Engineering, LLC (SGS). These individuals are the same ones that have participated in many of the designs for DME projects since 2000. Generally, the CLC group has completed substation design projects, and the SGS Lubbock group has worked on transmission line and system protection projects. Exhibit 1 AIS PUB Agenda Item #10 November 12, 2007 Page 2 of 4 The departure of SGS personnel from TRC left DME in the position of having the designs for five transmission line projects in a state of being approximately 85% complete. Transitioning these projects to a different design group at this point would be a very difficult and costly task. Since SGS per have a sizeable drawing and information library of design features and assembly drawings that describe the DME system. They have a thorough knowledge of the approaches used by DME. This background will allow current and future project designs to be completed more efficiently and at less cost than with a different engineering group. Further, and more significantly, if the designs were assigned to another engineering group, every aspect of the design would have to be verified before they could professionally seal the designs. The TEXAS ENGINEERING PRACTICE ACT AND RULES CONCERNING THE PRACTICE OF ENGINEERING AND PROFESSIONAL ENGINEERING LICENSURE requirements state: §137.33 Sealing Procedures performed or directly supervised by the professional engineer named and to delineate the scope of the Texas Engineering Practice Act and Rules Page 54 of 67 Effective 9/10/07 (b) License holders shall only seal work done by them, performed under their direct supervision as defined in §131.81 of this title, relating to Definitions, or shall be standards or general guideline specifications that they have reviewed and selected. Upon sealing, engineers take full professional responsibility for that work. With the design process for the five projects at approximately 85%, DME estimates that at least half of the investment made so far on these five projects would have to be spent again before another firm could to take responsibility for and complete the designs and provide professionally sealed documents. DME is very pleased with the working relationship, the cost, and the quality of work on transmission line designs that SGS personnel have provided to date. There is, therefore, no incentive to try to engage a different engineering group to complete the designs and provide the field support that will be necessary during construction. With the project schedules needed, it is imperative that the transmission line designs progress if there is to be any hope of completing projects near the planned time. With this in mind, DME entered a professional services agreement with a not to exceed amount of $24,900 as quickly as possible after the creation of SGS was announced. The intent from the start has also been to arrange for a second agreement that will adequately fund the design effort for the next two to three years. DME is in the process of terminating the professional services agreement with SGS Witter/TRC. Approximately $180,000 in project funds is still available from the original SGS Witter/TRC agreement that will be used to partially fund the proposed agreement. Exhibit 1 AIS PUB Agenda Item #10 November 12, 2007 Page 3 of 4 The amount for the proposed contract was arrived at using estimates for the following projects: DME FY07/08 Transmission Line Project Design Denton West to RD Wells $20,000 RD Wells to Hickory $15,000 Hickory to US 380 $12,000 Hickory to Locust $2,000 Denton West to Denton North $4,000 $53,000 DME FY08/09 Transmission Line Project Design Spencer to Kings Row $330,000 $330,000 DME FY09/10 Transmission Line Project Design Kings Row to Denton North $100,000 $100,000 Multi-year CIP Subtotal: $483,000 Other Electric Engineering Matters: $25,000 GRAND TOTAL: $508,000 As stated earlier, DME must have the support of an outside engineering services group to complete the designs and provide field support for construction. Changing consultants at this point would mean that we would have to develop new relationships and work through training a new group on the types of designs and features DME has found useful. The efficiency of having a group already familiar with the types of designs and that has a library to draw from would be lost. With the transmission work already identified in the CIP and growth in Denton requiring the addition of one new substation transformer every two to three years, continuing to work with SGS is the most efficient and best choice. OPTIONS: 1.Recommend approval 2.Not recommend approval Exhibit 1 AIS PUB Agenda Item #10 November 12, 2007 Page 4 of 4 RECOMMENDATION: DME recommends approval of the proposed contract with SGS Engineering, LLC. ESTIMATED SCHEDULE: Project designs will begin immediately upon approval by the City Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions): None FISCAL INFORMATION: The charges for work under this contract will not exceed $508,000 and will be funded out of amounts budgeted for specific projects. BID INFORMATION: The State of Texas does not allow bidding for professional services. DATE SCHEDULED FOR COUNCIL APPROVAL: December 4, 2007 EXHIBITS: 1.Proposed Professional Services Agreement Respectfully submitted, Sharon Mays Director of Electric Utilities Electric Administration Prepared by: Chuck Sears Engineering Administrator Denton Municipal Electric ORDINANCE NO. 2007-_________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES AND RELATED SERVICES FOR APPROVED ELECTRICAL POWER SYSTEM CONSTRUCTION PROJECTS FOR DENTON MUNICIPAL ELECTRIC WITH SGS ENGINEERING, LLC (FILE 3927-IN AN AMOUNT NOT-TO-EXCEED $508,000); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary and appropriate and in the public interest to engage the engineering firm of SGS Engineering, LLC, a Limited Liability SGS SGSr Denton Municipal Electric; and WHEREAS, the City has previously retained and engaged the professional engineering services of the engineers at SGS over the last six (6) years, and SGS has operated under previous professional service agreements, signed by the City Manager, regarding various capital improvement projects and structural engineering projects which have demonstrated the expertise in the field; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the hereinabove described professional services by Denton Municipal Electric, and that limited City staff cannot adequately perform the specialized engineering and other services and tasks, with its own personnel; and WHEREAS, Chapter 2254 of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby finds and concludes that SGS is appropriately qualified under the provisions of the law, to be retained as an engineering firm for the City and for Denton Municipal Electric, respecting this engagement; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional services, as set forth in the for Engineering Services and Related Services Pertaining to Approved Electrical Power System Construction Projects for Denton Municipal Electric; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the recitations contained in the preamble hereto are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2: Professional Services Agreement for Engineering Services and Related Services Pertaining to Approved (the with the engineering firm of SGS Engineering, LLC, a Limited Liability Corporation, for professional engineering and related services pertaining to the interests of the City and of its electric department, DME, as hereinabove described, in substantially the form of the Agreement which is attached hereto and incorporated herewith by reference. SECTION 3: That the award of this Agreement is on the basis of the demonstrated competence and qualifications of the firm of SGS, and the ability of the SGS, to perform the professional engineering and related services needed by the City for a fair and reasonable price. SECTION 4: That the expenditure of funds as provided for in the attached Agreement is hereby authorized. SECTION 5. That 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 3927 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 November 12, 2007 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, 7 November 12, 2007 at 9:03 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, Bill Cheek, Phil Gallivan, Randy Robinson, Bill Grubbs and 11 John Baines (arrived at 9:27 a.m.) 12 Absent 13 : Dick Smith, excused 14 15 Ex Officio Members: 16 George C. Campbell, City Manager 17 Howard Martin, ACM Utilities 18 OPEN MEETING: 19 20 Board Member Phil Gallivan pulled Item 5 for Individual Consideration. 21 22 CONSENT AGENDA: 23 24 The Public Utilities Board has received background inf 25 has had an opportunity to raise questions regarding these items prior to consideration. 26 27 2)Consider the approval of Bid No. 3692, submitted by Shaw Environmental and 28 Infrastructure, Inc., Baton Rouge, Louisiana, for the construction of landfill gas 29 extraction wells and the gas collection system, and the installation of a gas flare at 30 amount of $1,265,514. 31 32 3)Consider recommending approval of a Professional Services Agreement with 33 Miner 34 Information System (GIS) ArcFM database to ArcGIS, ArcSDE and ArcFM 35 version 9.2, Oracle 10g and implement ArcFM Viewer for ArcGIS Engine with 36 the Redliner Extension for data synchronization of mobile field laptop units in an 37 amount not to exceed $78,755. 38 Board Member Randy Robinson moved to approve Items 1, 2, and 3, with a second from 39 Board Member Gallivan. The motion was approved by a 5-0 vote. 40 41 ITEMS FOR INDIVIDUAL CONSIDERATION 42 : 43 44 4)Consider recommending approval of an Agreement between Denton Municipal 45 Electric and Enercom, Inc. for the purchase of software and services in the form 46 of the Energy Depot® product for the FY08 in the amount of $62,600. 47 48 Howard Martin, ACM, called on Lisa Lemons, Marketing Manager. Lemons stated that out of 49 46,000 customers, DME averages 189 energy audits, home or business, in person per year, and 50 because this service reaches a small percentage of the population, staff is proposing, after Draft Minutes of the Public Utilities Board meeting November 12, 2007 2 of 3 1 reviewing different tools, the purchase of software from Enercom, Inc. which offers The Energy 2 Depot® suite of products for homes, businesses. 3 4 Lemons then presented an on-line review of the Energy Depot® suite program which is currently 5 in use by the City of Garland and offers greater versatility for its residential customers and is 6 7 commercial customers. 8 9 The suite of products allows customers to create an account with Energy Depot® with a user 10 name and password that will allow them to access as often as they choose. Customers can input 11 past usage history and creates graphs based upon that history to measure consumption. DME 12 provides its current rate structure so that the customer has access the most accurate information. 13 14 The $62,600 cost is for a 36-month contracted term. The initial cost is $35,000 with the balance 15 being distributed over the remainder of the 24 month period. The cost includes set up fees and 16 software licensing and hosting in English and Spanish. 17 18 Board Member John Baines asked if this was something that was really needed. Sharon Mays, 19 DME General Manager, replied staff was trying to be attuned to the message that Council is 20 sending which is energy efficiency, and this is a way to reach the customer with a message 21 promoting efficiency, and to assure the customer that DME is there in a positive way. 22 23 Board Member Gallivan stated he wanted to go on record that he thought this was an 24 unnecessary luxury, but that he would probably vote in favor of it. 25 Board Member Bill Cheek moved to approve with a second from Board Member John 26 Baines. The motion was approved by a 5-1 vote. 27 28 29 5)Consider approval of a proposal between Coleman & Associates Land Surveying 30 and the City of Denton for Coleman & Associates to provide professional services 31 to the City during fiscal year 2008 for annual ground surveying services and 32 33 $75,000, and total amount not to exceed a grand total of $122,957. 34 35 Board Member Gallivan stated it seemed that $75,000 was spent last year and had something 36 new been added to raise the dollar amount. Vance Kemler, Director of Solid Waste, replied 37 there were expenditures last year in the amount of $75,000 and staff was asking for authorization 38 for an additional amount of $47,000 for ground surveying services. 39 Board Member Gallivan moved to approve with a second from Board Member Robinson. 40 The motion was approved by a 6-0 vote. 41 42 43 10)Consider recommending approval of a professional services agreement with SGS 44 Engineering, LLC, a corporation of Lubbock, Texas, for civil, structural, and electrical 45 design and other engineering and related consulting services for CIP projects for Denton 46 Municipal Electric in an amount not to exceed $508,000. 47 Draft Minutes of the Public Utilities Board meeting November 12, 2007 3 of 3 1 Howard Martin, ACM, called on Chuck Sears, Engineering Administrator, to present this item. 2 Sears stated that when designs are undertaken for some of the major projects assistance is 3 required both from a manpower standpoint and an expertise standpoint. It will also provide some 4 electrical design assistance in the substation area, putting in all the connectors and providing 5 notations on the construction drawings. Consultants are full-time and provide these types of 6 services to DME. 7 8 Chair Newell stated that as an agenda item this was actually slightly confusing in she thought the 9 recommendation was going to be for this new firm formed by the people who left. Sears replied 10 that was correct in that the name was very close to the old firm that DME has worked with since 11 1999. SGS Engineering, LLC are the engineers who actually sign the documents and that is 12 what DME is trying to preserve. 13 14 Board Member Gallivan asked if the estimates and who would monitor the bills as 15 they come in. Sears stated the estimates are based on what had previously been spent, as well as 16 from a budget already presented. Sears stated he would be the one to monitor the contract. 17 Board Member Grubbs moved to approve with a second from Board Member Robinson. 18 The motion was approved by a 6-0 vote. 19 20 21 The meeting was adjourned by consensus at 10:49 a.m. AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2007 DEPARTMENT: Planning and Development ACM: Fred Greene 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. The Planning and A super majority vote is needed to approve Zoning Commission recommends approval (3-1). the request due to property owner opposition. BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX This zoning request was tabled from the November 6, 2007 City Council meeting. 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.: Z07-0015 DATE TO BE CONSIDERED: December 4, 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. Spring Brook Planning Group APPLICANT: 2405 Mustang Drive Grapevine, TX 76051 John Nelson & William Orr OWNER: 2901 Carmel St. Denton, TX 76051 Rezone approximately 11.21 acres from a Neighborhood Residential REQUEST: 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. The Planning and Zoning Commission recommends approval of this RECOMMENDATION: zoning request (3-1). Neighborhood Center COMPREHENSIVE PLAN DESIGNATION: The property is located on the east side of Country Club Road. There SITE AND SURROUNDINGS: are 10 residential structures on the westernmost part of the property. The remainder of the site is undeveloped. Neighborhood Residential 2 (NR-2); Undeveloped and further to the North: north is low density residential development (Regency Oaks Phase 1) Neighborhood Residential 2 (NR-2); Undeveloped and very low South: density residential Neighborhood Residential 4 (NR-4); Undeveloped East: Neighborhood Residential 3 (NR-3); Developed residential, Bent West: Creek Estates Prior to the adoption of the 2002 zoning ordinance which zoned the BACKGROUND 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 Analysis: land use area. These areas may develop in conventional patterns or 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. The requested zoning district, Neighborhood Residential 4 (NR-4), Development 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 Home Occupation P P 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 Gas Wells L(27) SUP L(27) Institutional Land Use Categories Basic Utilities L(25) L(25) Community Service N N Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges SUP SUP Business/Trade School N N Adult or Child Day Care SUP SUP Kindergarten, Elementary School SUP SUP Middle School N N High School N N Colleges N N 5 Hospital N N Elderly Housing N N Medical Centers N N Cemeteries N N Mortuaries N N General Regulations NR-2 NR-4 Minimum lot width 80 feet 40 feet Minimum lot depth 100 feet 80 feet Minimum front yard setback 20 feet 20 feet L(2) Minimum side yard for non attached buildings 10 feet 5 feet Maximum density, dwelling units per acre 2 4 Maximum lot coverage 30% 60% Minimum landscaped area 70% 40% Maximum building height 40 feet 40 feet Minimum yard when abutting a single-family use 10 feet 10 feet or district plus 1 foot plus 1 foot for each for each foot of foot of building building height height above 20 above 20 feet feet 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. The Development Review Committee has reviewed this application. DEPARTMENT AND 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. The criteria for approval of Zoning Amendments, per 35.3.4.B.2 of FINDINGS: 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 ÒÎóî 12 EXHIBIT 5 PROPOSED ZONING MAP SUBJECT SITE ÒÎóì 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 * sent via Certified Mail: 37 In Opposition: 2 In Favor: 0 Neutral: 0 * - A copy of the notification list is available at City Hall West, 221 N. Elm Street, Denton, TX 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: December 4, 2007 DEPARTMENT: Planning and Development ACM: Fred Greene, 349-8354 SUBJECT - S07-0014 (Chamberlin/Elder GWP) Hold a public hearing and consider adoption of an ordinance regarding the approval of a Specific Use Permit (SUP) to allow gas well drilling and production on a property currently zoned Neighborhood Residential 4 (NR-4). The proposed site is located on the northeast corner of Bonnie Brae and Roselawn Drive. The Planning and Zoning Commission recommends approval (5-0). BACKGROUND Applicant: Landmark Surveyors Denton, TX The applicant is requesting an SUP to allow gas well drilling and production on a property currently zoned Neighborhood Residential 4 (NR-4). Pursuant to Denton Development Code Subchapter 35.5.2.5, gas well drilling and production is permitted within the NR-4 zoning district with an approved SUP. The approximately 45.71-acre property is located on the northeast corner of Bonnie Brae and Roselawn Drive, see Exhibit 2. Currently the property has an approved gas well plat that identifies two pad sites, see Exhibit 6. The pad site located to the east is developed and has an existing gas well in production. The applicant is requesting to drill three additional wells on that existing gas well pad site. The pad site located to the west has not been developed and is reserved for a future gas well. Concurrent with this SUP request, the applicant is processing an amending gas well plat (AGWP07-0010). The pro this SUP request. On November 19, 2002, a SUP (Z02-0049) to allow gas well drilling and production was approved for the subject property. On December 6, 2002, the original gas well plat (GWP02- 0024) was approved. A second SUP and amending gas well plat is required because the previous SUP and the original gas well plat did not include the three additional gas wells being proposed. Public notification information is provided in Exhibit 5. As of this writing, staff has received four responses from a property owner within 200 feet of the subject site and within the city limits of the City of Denton. Three property owners are in opposition and one is in favor. PRIOR ACTION/REVIEW October 24, 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 The Planning and Zoning Commission recommends approval of this SUP request subject to the following two conditions: 1.A visually appealing screen fence shall be installed around all gas well facilities within 90 days after completion of drilling. 2.Development and operation of the gas well development shall be subject to the further limitations of the proposed Amended Gas Well Plat. EXHIBITS 1. Staff Analysis 2.Location Map 3.Zoning Map 4.Future Land Use Map 5.Notification Map 6.Proposed Amending Gas Well Plat 7.Responses to Public Hearing Notice 8.Planning and Zoning Commission Minutes 9.Ordinance Prepared by: Ron Menguita Planner III Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development Page - 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: S07-0014 DATE TO BE CONSIDERED: December 4, 2007 LOCATION: The property is located on the northeast corner of Bonnie Brae and Roselawn Drive APPLICANT: Landmark Surveyors 4238 I-35 North Denton, TX 76207 OWNER: Alan Chamberlain and Curtis Elder 3900 Roselawn Denton, TX 76205 REQUEST: Consider adoption of an ordinance regarding a Specific Use Permit (SUP) to allow gas well drilling and production on a property currently zoned Neighborhood Residential 4 (NR-4). RECOMMENDATION: The Planning and Zoning Commission recommends approval/denial of this SUP request subject to the following two conditions: 1.A visually appealing screen fence shall be installed around all gas well facilities within 90 days after completion of drilling. 2.Development and operation of the gas well development shall be subject to the further limitations of the proposed Amended Gas Well Plat. ZONING DISTRICT: Neighborhood Residential 4 (NR-4) zoning district. Primarily residential with some allowances for duplex-style development. Residential densities in these areas will average four homes per acre. Neighborhood Centers COMPREHENSIVE The subject site is located within a future PLAN DESIGNATION: land use designation. SITE AND SURROUNDINGS: The 45.71-acre property is currently developed with residential homes and an existing gas well. North: Neighborhood Residential 4 (NR-4) Residential homes to the northwest and Agricultural Use to the north and northeast. South: Neighborhood Residential 2 (NR-2) and Extra-territorial Jurisdiction (ETJ) Cemetery (Roselawn Memorial Park) to the southeast and Page - 3 Agricultural Use to the southwest. East: Neighborhood Residential 4 (NR-4) Railroad Tracks and Agricultural Use. West: Neighborhood Residential 2 (NR-2) - Residential homes and Agricultural Use. BACKGROUND The applicant is requesting an SUP to allow gas well drilling and INFORMATION: production on a property currently zoned Neighborhood Residential 4 (NR-4). Pursuant to Denton Development Code Subchapter 35.5.2.5, gas well drilling and production is permitted within the NR-4 zoning district with an approved SUP. The approximately 45.71-acre property is located on the northeast corner of Bonnie Brae and Roselawn Drive, see Exhibit 2. Currently the property has an approved gas well plat that identifies two pad sites, see Exhibit 6. The pad site located to the east is developed and has an existing gas well in production. The applicant is requesting to drill three additional wells on that existing pad site. The pad site located to the west has not been developed and is reserved for a future gas well. ANALYSIS: Comprehensive Plan The property is within the Neighborhood Centers future land use Analysis: designation of a neighborhood center contains facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park, and perhaps an elementary school. These diverse facilities are ideally located in close proximity to one another in the center, so that all the essential neighborhood facilities are in one convenient location, accessible in a single stop or by walking or biking. It includes vertically integrated uses where different uses may occur on each The existing NR-4 zoning district is consistent with the comprehensive plan designation. The proposed gas well drilling and production is compatible with the surrounding uses. Page - 4 Development Pursuant to Denton Development Code Subchapter 35.5.2.5, gas well Code/Zoning Analysis drilling and production is permitted within the NR-4 zoning district with an approved SUP. SUPs utilize the procedure as referenced in Subchapter 35.3.4 of the Denton Development Code (DDC). In addition, Subchapter 35.6 of the DDC provides standards by which SUP applications are to be evaluated. An analysis of the approval criteria is presented under Findings. DEPARTMENT AND The Development Review Committee (DRC) has reviewed the AGENCY REVIEW: request for an SUP and provided comments. All the DRC comments were addressed by the applicant. FINDINGS: Pursuant to Subchapter 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 three additional gas wells are proposed to be located within an existing gas well pad site. 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 properties. The existing pad site is located adjacent to the railroad tracks surrounded by undeveloped Agricultural Use. 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The three additional gas wells are proposed to be located within an existing gas well pad site. Adequate utilities, access roads, drainage and other necessary supporting facilities will be provided. Because the operator will be utilizing City of Denton maintained roadway, a Road Damage Remediation Agreement between the City of Denton and the operator will be required. The gas well plat will not be approved until the Agreement is Page - 5 accepted by the City. 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 three additional gas wells are proposed to be located within an existing pad site. The operator will use the same access road location and driveway used for the previous gas well. The proposed project will not have a long term adverse affect on 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; Odor, fumes, dust, noise and vibration will occur short term during the drilling of the gas wells. No long term odor, fumes, dust, noise and vibration is anticipated with this proposed SUP. If the SUP is granted, the will issue the permits for the gas wells and will conduct regular on-site inspections for code compliance. 6.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and The three additional gas wells are proposed to be located within an existing gas well pad site. Increase lighting will occur short term during the drilling of the gas wells. After completion of drilling all lighting shall comply with the standards and regulations under Subchapter 35.13.12 in the Denton Development Code. 7.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed project shall meet all landscaping and tree preservation regulations under Subchapter 35.13 in the Denton Development Code. To ensure harmony and compatibility with adjacent property, one of the conditions for approval is the operator shall install a visually appealing screen around all gas well facilities within 90 days after completion of drilling. Page - 6 EXHIBIT 2 Location Map Page - 7 EXHIBIT 3 Zoning Map Page - 8 EXHIBIT 4 Future Land Use Map Page - 9 EXHIBIT 5 Notification Information íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØ ôÏîÍÍÎÊÔÉÔÎÏ ôÏ÷ÜÇÎË ïØÈÉËÜÑ ÎÍÍÎÊÔÉÔÎÏ Page - 10 ÛÈØ×Þ×Ì é Â4-4430 Æ?£ª?£Ék±Ãô?ÃªÐÛ£?Ã ÐÎÑÐÛÎÌÇ ÔÑÝßÌÛÜ ×Ò ÛÌÖ ÐÎÑÐÛÎÌÇ ÔÑÝßÌÛÜ ×Ò ÛÌÖ ÐÎÑÐÛÎÌÇ ÔÑÝßÌÛÜ ÑËÌÍ×ÜÛ îððù ÞËÚÚÛÎ ÐÎÑÐÛÎÌÇ ÔÑÝßÌÛÜ ×Ò ÛÌÖ ÛÈØ×Þ×Ì è AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2007 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT- Z07 -0011 (Westview Commercial) Hold a public hearing and consider the adoption of an ordinance regarding the zoning of approximately 129.6 acres of land and adjacent street right-of-way for Loop 288 containing approximately 9.1 acres from the initial annexation zoning of Rural Residential (RD-5) to a Regional Center Commercial Downtown (RCC-D) zoning district. The property is located on the west side of I35 North at the proposed extension of Loop 288. The property is currently developed with one gas well and the owner proposes eventual development of commercial land uses. The site also includes property owned by the City of Denton and is developed with an elevated water storage tank. The Planning and Zoning Commission recommends approval of the zoning request (5-0). BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX This rezoning request was submitted in conjunction with a voluntary annexation request (A07- 0001). The second reading of the ordinance which is the final step in the annexation process was held at the November 6, 2007 City Council meeting. At that time the property was given the initial zoning district of Rural Residential (RD-5). The site is generally undeveloped except for a gas well drilling and production site and an elevated water storage tank. The future extension of Loop 288 will take up approximately one third of the southernmost portion of the site. OPTIONS 1.Approve as submitted. 2.Deny. 3.Postpone consideration. 4.Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this rezoning request (5-0). EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Land Use Map 6. Notification Information 7. Letter From Applicant 8. Planning and Zoning Commission Meeting Minutes 9. Ordinance Prepared by: Lori Shelton, AICP Planner II Respectfully submitted: Brian Lockley, AICP Interim Director, Planning and Development 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: Z07-0011 DATE TO BE CONSIDERED: December 4, 2007 LOCATION: The subject property is located on the west side of I 35 North at Loop 288. Spring Brook Planning Group APPLICANT: 2405 Mustang Drive Grapevine, TX 76051 Westview Commercial LP OWNER: 4265 Kelly Circle Addison, TX 75001 Zone approximately 129.6 acres of land and adjacent street right-of- REQUEST: way for Loop 288 containing approximately 9.1 acres from the initial annexation zoning of a Rural Residential (RD-5) zoning district to a Regional Center Commercial Downtown (RCC-D) zoning district. The Planning and Zoning Commission recommends approval of this RECOMMENDATION: zoning request. Regional Mixed Use Center COMPREHENSIVE PLAN DESIGNATION: The property is located on the west side of I-35 North at Loop 288. SITE AND SURROUNDINGS: The future extension of Loop 288 will extend across the southern portion of the property. The site is generally undeveloped with one gas well drilling and production site on the western part of the property and an elevated water storage tank on the eastern portion of the site. Regional Center Commercial Neighborhood (RCC-N) and ETJ; North: developed truck stop and associated uses and agricultural uses. Extraterritorial Jurisdiction (ETJ); undeveloped South: Regional Center Commercial Downtown (RCC-D); undeveloped East: frontage and I35-North. Extraterritorial Jurisdiction (ETJ); gas well and agricultural uses and West: the Kansas City Southern Rail Line. The subject property is comprised of three parcels of land. BACKGROUND INFORMATION: Approximately 127.96 acres of land is privately owned. The City of Denton owns a platted parcel of 1.702 acres. This property is owned by the City but is not within the City limit lines. The property was 3 platted in 2001 as the Northwest Service Area Elevated Storage Tank Addition. The remaining acreage is the adjacent street right-of-way for Loop 288 containing approximately 9.1 acres. The owner of the private property is proposing develop the site with commercial uses. The southern portion of the subject site is the future Texas Department of Transportation (TxDOT) right-of-way and will be developed as the Loop 288 extension. ANALYSIS: The subject site is located within a Comprehensive Plan Analysis: future land use area. Regional Mixed Use Centers are intended to contain the shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. A regional activity center could contain developments such as a regional shopping mall, big box retail, superstores, restaurant and entertainment facilities, a high school or community college, and high-density housing. The proposed zoning is consistent with the future land use designation as described in the Denton Plan. The requested zoning district, Regional Center Commercial Development Code/Zoning Analysis Downtown (RCC-D), is primarily a commercial zoning district which permits uses designed to create centers of activity including shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. The differences between the initial annexation zoning district, Rural Residential (RD-5), and the requested zoning district, RCC-D, are summarized in Table 1. If the zoning change is granted, the development of the property will be subject to the general regulations of the RCC-D zoning district. The general regulations of the RCC-D zoning district include maximum lot coverage of 90% and minimum landscaped areas of 10%. The only building setback requirements in the RCC-D zoning district are for yards that abut a single-family use or district. When adjacent to a single family district, a minimum setback of 30 feet is required, with an additional foot of setback required for every foot of building height over 30 feet. The maximum building height permitted in the RCC-D zoning district is 100 feet. 4 Table 1. Comparison of permitted uses between RD-5 and RCC-D Zoning Districts. Use Zoning District Residential Land Use Categories RD-5 RCC-D (initial) (proposed) Agriculture P P Livestock L(7) L(7) Single Family Dwellings P N Accessory Dwelling Units P N Attached Single Family Dwellings N P Dwellings Above Businesses N P Live/Work Units P P Duplexes N N Community Homes for the Disabled P P Group Homes SUP SUP Multi-Family Dwellings N L(6) & L(4) Manufactured Housing Developments P N Commercial Land Use Categories Home Occupation P P Sale of Products Grown on Site P N Hotels N P Motels N N Bed and Breakfast L(10) P Retail Sales and Service N P Movie Theaters N P Restaurant or Private Club N P Drive-through Facility N P Professional Services and Offices N P Quick Vehicle Servicing N P Vehicular Repair N P Auto and RV Sales N P Laundry Facilities N P Equestrian Facilities P N Outdoor Recreation P N Indoor Recreation N P Major Event Entertainment N SUP Commercial Parking Lots N P Administrative or Research Facilities SUP P Broadcasting or Production Studio SUP P Sexually Oriented Businesses N N Temporary Uses L(38) L(38) Industrial Land Use Categories Printing/Publishing N N Bakeries N P Manufacture of Non-odoriferous Foods N N Feed Lots SUP N Food Processing N N Light Manufacturing N L(23) Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries P N 5 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(14) N Veterinary Clinics P P Sanitary Landfills, Commercial Incinerators, N N Transfer Stations Gas Wells L(27) L(27) Institutional Land Use Categories Basic Utilities P SUP Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges N P Business/Trade School N P Adult or Child Day Care P P Kindergarten, Elementary School P N Middle School N P High School N P Colleges N P Hospital N P Elderly Housing N P Medical Centers N P Cemeteries N N Mortuaries N P Table Legend: P Permitted N Not permitted SUP Specific Use Permit L(4) = Multi-family is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or 5.If allowed by a City Council approved neighborhood (small area) plan. nd L(6) = Permitted only on 2 story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. 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(8 The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. That each accommodation unit shall have one off-street parking space and the owners shall have two parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 6 That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the That the number of accommodation units allowed shall be proportional to shall be counted as 0.6 units for the purpose of calculating the permitted All accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. Excluding the business- unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. All restrictions of L(8), but limited to no more than 5 L(10) = guest units. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 5,000 square feet. L(27)= Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(38)= Must meet the requirements of Section 35.12.9.(Temporary Uses). The Development Review Committee has reviewed this application. DEPARTMENT AND AGENCY REVIEW: No issues pertinent to the requested zoning change were identified. The criteria for approval of Zoning Amendments, per 35.3.4.B.2 of FINDINGS: 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 Regional Mixed Use Center Future Land Use designation of the Denton Plan. 2. The proposed rezoning facilitates the adequate provision of 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. 7 EXHIBIT 2 LOCATION MAP Denton City Limits Gas Well Elevated Water Tower Site Future Loop 288 Extension 8 EXHIBIT 3 EXISTING ZONING MAP ÎÜóë Í«¾¶»½¬ Í·¬» 9 EXHIBIT 4 PROPOSED ZONING MAP ÎÝÝóÜ Í«¾¶»½¬ Í·¬» 10 EXHIBIT 5 FUTURE LAND USE MAP Denton City Limits Í«¾¶»½¬ Í·¬» 11 EXHIBIT 6 NOTIFICATION INFORMATION Public Notification Date: July 30, 2007 * sent via Certified Mail: Number of res 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 12 EXHIBIT 7 LETTER FROM APPLICANT 13 14 EXHIBIT 8 PLANNING AND ZONING COMMISSION MEETING MINUTES 15 16 17 18 AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2007 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT- Z07 -0023 (Aldi Distribution Center) Hold a public hearing and consider the adoption of an ordinance regarding the rezoning of an approximately 185-acre tract of land from a Rural Residential (RD-5) zoning district to an Industrial Center General (IC-G) zoning district. The tract of land is located on the west side of Underwood Road, south of Denton Municipal Airport and north of Hickory Creek. The Planning and Zoning Commission recommends approval (5-0). BACKGROUND Applicant: Aldi, Inc. Denton, TX The subject site is currently undeveloped with the exception of one residence on the far west portion of the property that will be demolished prior to construction of the distribution facility. This parcel of land was annexed into the City of Denton in 2006 as part of the Cole Ranch property. The subject property as well as all of the Cole Ranch was given the initial zoning of RD-5. There is now a Master Planned Community (MPC) zoning case pending for the Cole Ranch development. The subject property is now under contract to be sold to Aldi, Inc. to build an approximately 450,000 square foot distribution center for the grocery chain. Aldi, Inc. would like to move forward with the development of the site before the MPC process for Cole Ranch is complete. The proposed distribution center is a permitted use in the IC-G zoning district. All permitted uses are listed in Exhibit 1 Staff Analysis. Public notification information is included in Exhibit 8. As of this writing, no responses to the public notification letters have been received. OPTIONS 1.Approve 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 (5-0). 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.Site Photographs 10.Planning and Zoning Commission Meeting Minutes 11.Ordinance Prepared by: Lori Shelton, AICP Planner II Respectfully submitted: Brian Lockley, AICP Interim Director, Planning and Development 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: Z07-0023 DATE TO BE CONSIDERED: December 4, 2007 LOCATION: The subject property is located on the west side of Westcourt Road, south of the Denton Municipal Airport and Regency Oaks and north of Hickory Creek. Aldi, Inc. APPLICANT: 1517 Centre Place Dr. #220 Denton, TX 76205 The Stratford Company OWNER: 5949 Sherry Lane, #1750 Dallas, TX 75225 Rezone approximately 185 acres from a Rural Residential (RD-5) REQUEST: zoning district to an Industrial Center General (IC-G) zoning district. The Planning and Zoning Commission recommends approval of this RECOMMENDATION: zoning request (5-0). Industrial Center COMPREHENSIVE PLAN DESIGNATION: The property is undeveloped with the exception of a residence on the SITE AND SURROUNDINGS: westernmost portion of the property. Approximately one third of the property is designated as ESA floodplain. Industrial Center General (IC-G); Denton Municipal Airport North: Rural Residential (RD-5); Hickory Creek and future Cole Ranch South: Master Planned Community Extraterritorial Jurisdiction (ETJ); Developed with rural residences East: and gas well development Industrial Center General (IC-G); Denton Municipal Airport West: This parcel of land was annexed into the City of Denton in 2006 as BACKGROUND INFORMATION: part of the Cole Ranch property. The subject property as well as all of the Cole Ranch was given the initial zoning of RD-5. The proposed Master Planned Community (MPC) zoning district is now pending for the Cole Ranch development. The subject property is now under contract to be sold to the Aldi company to build an approximately 450,000 square foot distribution center for the grocery chain. The proposed distribution center is a permitted use in the IC-G zoning 3 district. ANALYSIS: Comprehensive Plan The subject site is located in an future land use area. Analysis: Industrial Centers are intended to provide locations for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and supporting uses such a convenience shopping and child-care centers. Adequate public facilities shall be a criterion by which zoning is granted. The proposed distribution center and requested zoning are consistent with the Comprehensive Plan future land use designation. The requested zoning district, Industrial Center General (IC-G), Development Code/Zoning Analysis allows most industrial uses. Heavy Industrial uses are allowed with a Specific Use Permit. See the following table for a complete list of permitted uses in both the current RD-5 zoning district and the proposed IC-G zoning district. The last section of the table compares the General Regulations for both districts. Table 1. Comparison of permitted uses between RD-5 and IC-G Zoning Districts. Use Zoning District Residential Land Use Categories RD-5 IC-G (Current) (Proposed) Agriculture P P Livestock L(7) L(7) Single Family Dwellings P N Accessory Dwelling Units P N Attached Single Family Dwellings N N Dwellings Above Businesses N N Live/Work Units P N Duplexes N N Community Homes for the Disabled P N Group Homes SUP N Multi-Family Dwellings N N Manufactured Housing Developments P N Commercial Land Use Categories Home Occupation P N Sale of Products Grown on Site P N Hotels N N Motels N N Bed and Breakfast L(10) N Retail Sales and Service N L(18) Movie Theaters N N Restaurant or Private Club N L(23) Drive-through Facility N L(14) Professional Services and Offices N P 4 Quick Vehicle Servicing N P Vehicular Repair N P Auto and RV Sales N P Laundry Facilities N P Equestrian Facilities P N Outdoor Recreation P N Indoor Recreation N N Major Event Entertainment N N Commercial Parking Lots N P Administrative or Research Facilities SUP P Broadcasting or Production Studio SUP P Sexually Oriented Businesses N SUP/L(32) Temporary Uses L(38) L(38) Industrial Land Use Categories Printing/Publishing N L(25) Bakeries N P Manufacture of Non-odoriferous Foods N P Feed Lots SUP N Food Processing N P Light Manufacturing N P Heavy Manufacturing N SUP Wholesale Sales N P Wholesale Nurseries P P Wholesale Storage and Distribution N P Self-service Storage N P Construction Materials Sales N P Junk Yards and Auto Wrecking N SUP Kennels L(14) N Veterinary Clinics P N Sanitary Landfills, Commercial Incinerators, N SUP Transfer Stations Gas Wells L(27) L(27) Institutional Land Use Categories Basic Utilities P P Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges N P Business/Trade School N P Adult or Child Day Care P N Kindergarten, Elementary School P N Middle School N N High School N N Colleges N N Hospital N N Elderly Housing N N Medical Centers N N Cemeteries N N Mortuaries N N General Regulations Rd-5 IC-G Minimum lot area 5 acres 5,000 sf Minimum lot width 200 feet 50 feet Minimum lot depth 250 feet 50 feet 5 Minimum front yard setback 50 feet 10 feet Minimum side yard NA 6 feet Minimum side yard adjacent to street 50 feet 10 feet Maximum density, dwelling units per acre 0.2 NA Minimum building separation 30 feet NA Maximum lot coverage 15% 90% Minimum landscaped area 75% 10% Maximum building height 65 feet 65 feet Maximum FAR except for single-family uses None 0.40 Minimum yard when abutting a single-family use None 30 feet or district plus 1 foot for each foot of building height above 30 feet Table Legend: P Permitted N Not permitted SUP Specific Use Permit 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(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area. L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 5,000 square feet. L(32) = Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space L (38) = Must meet the requirements of Section 35.12.9. The Development Review Committee has reviewed this application. DEPARTMENT AND AGENCY REVIEW: No issues pertinent to the requested zoning change were identified. The criteria for approval of Zoning Amendments, per 35.3.4.B.2 of FINDINGS: 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 Industrial Center Future Land Use designation of the Denton Plan. 6 2. The proposed rezoning facilitates the adequate provision of 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. The applicant will be required to provide any deficient facilities to serve the site. 7 EXHIBIT 2 LETTER OF INTENT 8 9 EXHIBIT 3 LOCATION MAP DENTON MUNICIPAL AIRPORT SUBJECT SITE HICKORY CREEK 10 EXHIBIT 4 EXISTING ZONING MAP SUBJECT SITE 11 EXHIBIT 5 PROPOSED ZONING MAP SUBJECT SITE 12 EXHIBIT 6 FUTURE LAND USE MAP SUBJECT SITE 13 EXHIBIT 7 FLOODPLAIN MAP SUBJECT SITE FLOODPLAIN 14 EXHIBIT 8 NOTIFICATION INFORMATION Public Notification Date: Oct. 14, 2007 * sent via Certified Mail: 6 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 15 EXHIBIT 9 SITE PHOTOGRAHS 16 EXHIBIT 10 PLANNING AND ZONING COMMISSION MEETING MINUTES 17 18 19 AGENDA INFORMATION SHEET AGENDA DATE: December 4, 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 providing for, authorizing, and approving the expenditure of funds for the purchase of an application service provider agreement, by and between the City of Denton and Enercom, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3928-Application Service Provider Agreement in an amount not to exceed $62,600). (The Public Utilities Board approved this item by a vote of 5-1). FILE INFORMATION One of the services that Denton Municipal Electric (DME) has provided for the past several years is residential and commercial energy audits. The purpose of these energy audits is to educate the customer about how to be the most energy efficient within their own home or business. Educating customers about energy efficiency is one way in which DME is addressing the growing concern over the impact of climate change on our population. Customers are able to meet in person with a DME energy auditor, and since 1999, DME has conducted, on average, 189 residential and commercial energy audits each year. DME has had great success with this program since its inception. However, there is a large part of the customer base that would benefit from an in person energy audit, but choose not to take advantage of this service. To reach this segment of the population, DME is expanding its Energy Audit Program through the installation of the Energy Depot® software to attract customers to use an online energy audit program. The Energy Depot® suite of products offers greater versatility for its residential customers and is available in English and Spanish commercial customers. The Energy Depot® suite of products allows customers to create an account with Energy Depot with a username and password that they can access as often as they choose. Customers can input past usage history and create graphs based upon that history to measure their consumption. DME provides its current rate structure so that the customer has access to the most accurate information. The Energy Depot® also allows the customers to calculate the energy consumption of specific appliances and do energy comparisons of existing appliances to potential new purchases. The tool also includes local weather data to give the most detailed information to the customer. Agenda Information Sheet December 4, 2007 Page 2 FILE INFORMATION (CONTINUED) Enercom, Inc. is pre-selected by Hometown Connections, Inc., a subsidiary of the American Public Power Association, as its only partner and provider for this type of product for public power utilities. The price has been discounted and is offered exclusively to American Public Power Association member utilities. More than 400 utilities nationwide are currently using the Energy Depot® product and locally Garland Power and Light has been using the product for the past several months and has met with great success. The $62,600 purchase price for the Energy Depot® is the cost of the product for a 36-month contracted term. The initial cost for FY08 is $35,000 with the balance being distributed over the remainder of the 24-month period. The cost includes the fees for set up of the Energy Depot for Homes® module with software licensing and hosting, the cost for set up of the Energy Comparison Tool with software licensing and hosting, Energy Depot for Homes Spanish Language® with software licensing and hosting, and the Energy Depot for Business® with software licensing and hosting. Energy Depot® is a copyrighted and proprietary product of Enercom, 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 November 12, 2007 meeting. RECOMMENDATION Approve the Application Service Provider Agreement with Enercom, Inc. in the amount of $62,600. PRINCIPAL PLACE OF BUSINESS Enercom, Inc. East Point, Georgia ESTIMATED SCHEDULE OF PROJECT This is a three-year agreement which automatically renews for successive years unless terminated by the City of Denton. Agenda Information Sheet December 4, 2007 Page 3 FISCAL INFORMATION This item will be funded from account 600900.7912. EXHIBITS Sole Letter from Enercom, Inc. Ordinance Application Service Provider Agreement with Enercom, Inc. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. 2007-_______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN APPLICATION SERVICE PROVIDER AGREEMENT, BY AND BETWEEN THE CITY OF DENTON AND ENERCOM, INC., WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3928-APPLICATION SERVICE PROVIDER AGREEMENT IN AN AMOUNT NOT TO EXCEED $62,600). WHEREAS, Section 252.022(a)(7) of the Texas 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; electricity, gas, water and other utility purchases; which 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 is of the opinion that this vendor satisfies the provisions of Section 252.022(a)(7) of the Texas Local Government Code; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFOR, 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 also hereby approved: FILE NUMBER VENDOR AMOUNT 3928 Enercom, Inc. $62,600 SECTION 2. The acceptance and approval of the above items shall not constitute an Agreement between the City and Enercom, Inc. 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 Service Provider together with any other agreements relating to the items specified in Section 1 of this ordinance; and the expenditure of funds pursuant to said Agreement is hereby authorized. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: ______________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 4-ORD-File 3928 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 November 12, 2007 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, 7 November 12, 2007 at 9:03 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, Bill Cheek, Phil Gallivan, Randy Robinson, Bill Grubbs and 11 John Baines (arrived at 9:27 a.m.) 12 Absent 13 : Dick Smith, excused 14 15 Ex Officio Members: 16 George C. Campbell, City Manager 17 Howard Martin, ACM Utilities 18 OPEN MEETING: 19 20 Board Member Phil Gallivan pulled Item 5 for Individual Consideration. 21 22 CONSENT AGENDA: 23 24 The Public Utilities Board has received background inf 25 has had an opportunity to raise questions regarding these items prior to consideration. 26 27 2)Consider the approval of Bid No. 3692, submitted by Shaw Environmental and 28 Infrastructure, Inc., Baton Rouge, Louisiana, for the construction of landfill gas 29 extraction wells and the gas collection system, and the installation of a gas flare at 30 amount of $1,265,514. 31 32 3)Consider recommending approval of a Professional Services Agreement with 33 Miner 34 Information System (GIS) ArcFM database to ArcGIS, ArcSDE and ArcFM 35 version 9.2, Oracle 10g and implement ArcFM Viewer for ArcGIS Engine with 36 the Redliner Extension for data synchronization of mobile field laptop units in an 37 amount not to exceed $78,755. 38 Board Member Randy Robinson moved to approve Items 1, 2, and 3, with a second from 39 Board Member Gallivan. The motion was approved by a 5-0 vote. 40 41 ITEMS FOR INDIVIDUAL CONSIDERATION 42 : 43 44 4)Consider recommending approval of an Agreement between Denton Municipal 45 Electric and Enercom, Inc. for the purchase of software and services in the form 46 of the Energy Depot® product for the FY08 in the amount of $62,600. 47 48 Howard Martin, ACM, called on Lisa Lemons, Marketing Manager. Lemons stated that out of 49 46,000 customers, DME averages 189 energy audits, home or business, in person per year, and 50 because this service reaches a small percentage of the population, staff is proposing, after Draft Minutes of the Public Utilities Board meeting November 12, 2007 2 of 3 1 reviewing different tools, the purchase of software from Enercom, Inc. which offers The Energy 2 Depot® suite of products for homes, businesses. 3 4 Lemons then presented an on-line review of the Energy Depot® suite program which is currently 5 in use by the City of Garland and offers greater versatility for its residential customers and is 6 7 commercial customers. 8 9 The suite of products allows customers to create an account with Energy Depot® with a user 10 name and password that will allow them to access as often as they choose. Customers can input 11 past usage history and creates graphs based upon that history to measure consumption. DME 12 provides its current rate structure so that the customer has access the most accurate information. 13 14 The $62,600 cost is for a 36-month contracted term. The initial cost is $35,000 with the balance 15 being distributed over the remainder of the 24 month period. The cost includes set up fees and 16 software licensing and hosting in English and Spanish. 17 18 Board Member John Baines asked if this was something that was really needed. Sharon Mays, 19 DME General Manager, replied staff was trying to be attuned to the message that Council is 20 sending which is energy efficiency, and this is a way to reach the customer with a message 21 promoting efficiency, and to assure the customer that DME is there in a positive way. 22 23 Board Member Gallivan stated he wanted to go on record that he thought this was an 24 unnecessary luxury, but that he would probably vote in favor of it. 25 Board Member Bill Cheek moved to approve with a second from Board Member John 26 Baines. The motion was approved by a 5-1 vote. 27 28 29 5)Consider approval of a proposal between Coleman & Associates Land Surveying 30 and the City of Denton for Coleman & Associates to provide professional services 31 to the City during fiscal year 2008 for annual ground surveying services and 32 33 $75,000, and total amount not to exceed a grand total of $122,957. 34 35 Board Member Gallivan stated it seemed that $75,000 was spent last year and had something 36 new been added to raise the dollar amount. Vance Kemler, Director of Solid Waste, replied 37 there were expenditures last year in the amount of $75,000 and staff was asking for authorization 38 for an additional amount of $47,000 for ground surveying services. 39 Board Member Gallivan moved to approve with a second from Board Member Robinson. 40 The motion was approved by a 6-0 vote. 41 42 43 10)Consider recommending approval of a professional services agreement with SGS 44 Engineering, LLC, a corporation of Lubbock, Texas, for civil, structural, and electrical 45 design and other engineering and related consulting services for CIP projects for Denton 46 Municipal Electric in an amount not to exceed $508,000. 47 Draft Minutes of the Public Utilities Board meeting November 12, 2007 3 of 3 1 Howard Martin, ACM, called on Chuck Sears, Engineering Administrator, to present this item. 2 Sears stated that when designs are undertaken for some of the major projects assistance is 3 required both from a manpower standpoint and an expertise standpoint. It will also provide some 4 electrical design assistance in the substation area, putting in all the connectors and providing 5 notations on the construction drawings. Consultants are full-time and provide these types of 6 services to DME. 7 8 Chair Newell stated that as an agenda item this was actually slightly confusing in she thought the 9 recommendation was going to be for this new firm formed by the people who left. Sears replied 10 that was correct in that the name was very close to the old firm that DME has worked with since 11 1999. SGS Engineering, LLC are the engineers who actually sign the documents and that is 12 what DME is trying to preserve. 13 14 Board Member Gallivan asked if the estimates and who would monitor the bills as 15 they come in. Sears stated the estimates are based on what had previously been spent, as well as 16 from a budget already presented. Sears stated he would be the one to monitor the contract. 17 Board Member Grubbs moved to approve with a second from Board Member Robinson. 18 The motion was approved by a 6-0 vote. 19 20 21 The meeting was adjourned by consensus at 10:49 a.m. AGENDA INFORMATION SHEET AGENDA DATE: December 4, 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: 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 If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\Boards & Comm\Agenda Info Sheet for Vacancies 12.4.07.docx