The URL can be used to link to this page

Home My WebLink AboutFebruary 19, 2008 Agenda AGENDA CITY OF DENTON CITY COUNCIL February 19, 2008 After determining that a quorum is present, the City Council of the City of Denton, Texas will 5:00 p.m. convene in a Work Session on Tuesday, February 19, 2008 at in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.Requests for clarification of agenda items listed on the agenda for February 19, 2008. 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.Deliberation regarding personnel matters – Under Texas Government Code Section 551.074. 1.Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts for the City Manager, City Attorney, Municipal Court Judge, and City Auditor. B.Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071 and Section 551.087 – Deliberations regarding Economic Development Negotiations. 1.Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting economic development incentives to Jostens, Inc. with respect to development of a distribution center. This discussion shall include commercial and financial information the City Council has received from Jostens, Inc., which the City Council seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. C.Consultation with Attorney – Under Texas Government Code Section 551.071; and Deliberations regarding real property – Under Texas Government Code Section 551.072. 1.Receipt of legal advice from the city’s attorneys regarding the operation of a police fire range; deliberation and discussion regarding the purchase and value of real property located near the Public Safety Training Facility in southwest Denton, for park and/or other municipal purposes, and the receipt of legal advice related thereto. City of Denton City Council Agenda February 19, 2008 Page 2 D.Consultation with Attorney – Under Texas Government Code Section 551.071. 1.Consultation with the City’s attorneys regarding legal issues, including defense of pending and potential litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City’s northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. 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 or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. 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, February 19, 2008 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 th 1.Presentation of Materials Management’s 12 Annual Achievement of Excellence in Procurement Award. City of Denton City Council Agenda February 19, 2008 Page 3 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 – M). 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 – M 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 approval of tax refunds for the following property taxes: Tax Name Reason Amount Year 1. Denton PCR Ltd/Lumacorp DCAD Supplemental Change 2005 $ 5,629.17 2. Columbia Medical Center of Denton DCAD Supplemental Change 2006 $ 3,258.02 3. Columbia Medical Center of Denton DCAD Supplemental Change 2005 $ 3,162.50 4. Columbia Medical Center of Denton DCAD Supplemental Change 2004 $ 3,110.50 5. Columbia Medical Center of Denton DCAD Supplemental Change 2003 $ 2,850.49 6. GE Capital Information Tech DCAD Supplemental Change 2002 $ 1,932.80 B.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the expenditure of funds to pay the Denton Central Appraisal District (DCAD) the City of Denton's portion of the budget allocation in an amount not to exceed $374,255.24; and providing an effective date. C.Consider adoption of an ordinance of the City of Denton, Texas, amending the provisions of Chapter 18 relating to motor vehicles and traffic by amending Section 18-141 to allow for the impoundment or immobilization of vehicles parked on public or private property to which the public has access if the vehicles meet the criteria of Section 18-140; providing for a severability clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; and providing for an effective date. D.Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 3942–Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $1,069,200). The Public Utilities Board recommends approval (5-0). City of Denton City Council Agenda February 19, 2008 Page 4 E.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Lower Colorado River Authority for the acquisition of 69kV and 138kV circuit breakers for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3623–Interlocal Agreement for the Purchase of Circuit Breakers for Denton Municipal Electric awarded to Siemens Power Transmission and Distribution in the amount of $166,104). The Public Utilities Board recommends approval (7-0). F.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston- Galveston Area Council (H-GAC), Buy Board Cooperative Purchasing Network, Tarrant County, and the Texas Multiple Award Schedule (TXMAS) program for the acquisition of twenty-two vehicles and four heavy equipment items for the City of Denton Utility Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3974–Interlocal Agreement for the purchase of Utility Fund Vehicles and Equipment awarded to multiple vendors as listed on Exhibit A in the amount of $1,359,545.02). The Public Utilities Board recommends approval (5-0). G.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for roof work at nine City of Denton facilities; providing for the expenditure of funds therefor; and providing an effective date (Bid 3915– Roof Work at Multiple Locations awarded to the lowest responsive bidder meeting specification for each section for a total award amount of $424,715.) H.Consider adoption of an ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association; determining a sole source andapproving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 3967– Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $65,000). I.Consider adoption of an ordinance of the City of Denton, Texas accepting competitive sealed proposals and awarding a contract for the purchase of an Outage Management System for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date (RFSP 3881– Outage Management System for Denton Municipal Electric awarded to Milsoft Utility Solutions). The Public Utilities Board recommends approval (7-0). J.Consider adoption an ordinance creating a Capital Improvements Advisory Committee pursuant to Texas Local Government Code §395.058 as a requirement before authorizing Impact Fees; appointing the Planning and Zoning Commission’s members as members of the Capital Improvements Advisory Committee; providing for the appointment of one additional Ad Hoc Member to the Capital Improvements Advisory Committee from the extraterritorial City of Denton City Council Agenda February 19, 2008 Page 5 jurisdiction of the City of Denton, Texas; providing for the adoption of procedural rules for the Capital Improvements Advisory Committee to follow in performing its duties; and providing for an effective date. K.Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from DSC Development, L.P., from the Downtown Incentive Reimbursement Grant Program not to exceed $25,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (6-0). L.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Parks Foundation to assist with preparation for the 2008 Cinco de Mayo Celebration; providing for the expenditure of funds therefor; and providing for an effective date. ($800) M.Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with HillCo Partners for consulting services relating to legislative representation at the Texas State government level and to assist the City in advancing its state legislative program and interests with key legislators and policy administrators (in an amount not-to-exceed $81,000); authorizing the expenditure of funds therefor; and providing an effective date. 4.PUBLIC HEARINGS A.Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 54.25 acres of land from Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The subject property is located on the west side of Teasley Lane north of Ryan Road.(Z07-0025, Denton West) The Planning and Zoning Commission recommends approval (6-0). B.Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 26.12 acres of land from a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is generally located on the south side of McKinney Street, east of Mack Park.(Z07-0018, Cypress Campus Apartments) The Planning and Zoning Commission recommends approval (6-0). C.Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit to allow a multifamily development on approximately 26.12 acres of land. The property is generally located on the south side of McKinney Street, east of Mack Park, and is within a Neighborhood Residential Mixed Use 12 (NRMU- 12) zoning district.(S07-0010, Cypress Campus Apartments) The Planning and Zoning Commission recommends approval with conditions (6-0). City of Denton City Council Agenda February 19, 2008 Page 6 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 18 of the Code of Ordinances by amending Section 18-73 to establish speed zones on FM 1515/Airport Road, FM 1830/Country Club Road, and US 380/University Drive; altering the prima facie speed limits established for vehicles under the provision of Transportation Code, Section 545.356 upon these streets, within the incorporate limits of the city of Denton; providing a penalty not to exceed $200.00 unless the violation occurs in a work zone and then the penalty shall not exceed $400.00; providing a severability clause; providing a repealing clause; providing for publication; and declaring an effective date. B.Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Jostens, Inc. regarding the expansion of an approximate 13,000 square feet to the existing building located at 3500 I-35E in the City of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0). C.Consider adoption of an ordinance on second and final reading, annexing an approximate 2,376 acre portion of approximately 5,800 acres of land contiguous and adjacent to the City of Denton, Texas, located in the northeastern area of the City of Denton’s Extraterritorial Jurisdiction; generally located between the City’s current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road; such annexation area being located in the V. Gailer Survey, Abstract Number 452, J. Clark Survey, Abstract Number 247, J. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract Number 1417, J. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859, D. Ground Survey, Abstract Number 489, J. Petty Survey, Abstract Number 1027, P. O’Leary Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761, J. Thomas Survey, Abstract Number 1240, W. Thompson Survey, Abstract Number 1238, A. Patton Survey, Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract Number 932, and the E. Myers Survey, Abstract Number 933, Denton County, Texas. This is the completion of the annexation of the remaining portion of the approximate 5800 acres lying north of Shepard Road that was excluded from annexation ordinance No. 2005-379 due to a court injunction enjoining the annexation of such property; approving a service plan for the annexed property; providing a severability clause; and providing an effective date. (A05-0002) 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 City of Denton City Council Agenda February 19, 2008 Page 7 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. 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 ___________________, 2008 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: February 19, 2008 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/Lumacorp DCAD Supplemental Change 2005 $ 5,629.17 2. Columbia Medical Center of Denton DCAD Supplemental Change 2006 $ 3,258.02 3. Columbia Medical Center of Denton DCAD Supplemental Change 2005 $ 3,162.50 4. Columbia Medical Center of Denton DCAD Supplemental Change 2004 $ 3,110.50 5. Columbia Medical Center of Denton DCAD Supplemental Change 2003 $ 2,850.49 6. GE Capital Information Tech DCAD Supplemental Change 2002 $ 1,932.80 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. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $19,943.48. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE : February 19, 2008 DEPARTMENT : Finance ACM : Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the expenditure of funds to pay the Denton Central Appraisal District (DCAD) the City of 74,255.24; and providing an effective date. BACKGROUND May 15, 2007, in the amount of $345,529 total preliminary tax levy for all entities within Denton County. Once the tax levies were finalized, the allocations were amended and invoices for the first quarterly installment were sent to taxing agencies in December. The revised City of Denton annual allocation is $374,255.24, an increase of $28,726.24 over the preliminary amount of $345,529. Although the Council approved the DCAD budget, they have not approved the expenditure of funds. The attached ordinance provides authorization to pay the annual allocation to DCAD. In the future, staff will include the authorization to expend the funds with the budget approval. PRIOR ACTION/REVIEW The Council approved the DCAD budget on May 15, 2007. FISCAL INFORMATION An additional $28,726.24 will be paid to DCAD per the final allocation of $374,255.24. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008 DEPARTMENT: Police Department ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, amending the provisions of Chapter 18 relating to motor vehicles and traffic by amending Section 18-141 to allow for the impoundment or immobilization of vehicles parked on public or private property to which the public has access if the vehicles meet the criteria of Section 18-140; providing for a severability clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; and providing for an effective date. BACKGROUND This Ordinance allows for the impoundment or immobilization of vehicles meeting the criteria established in Section 18-140 on private property which the public has access to or on public property. Section 18-141 previously only allowed for the impoundment or immobilization of vehicles meeting the criteria of Section 18-140 if the vehicle was found parked on public property. Section 431.001 of the Texas Local Government Code authorizes the impoundment of offending vehicles from private property to which the public has access as well as public property OPTIONS Approve the Ordinance as proposed, not approve the Ordinance, or make modifications. Respectfully submitted, Roy W. Minter, Jr. Chief of Police S:\Our Documents\Ordinances\08\ParkingEnforcementAmendment.doc ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PROVISIONS OF CHAPTER 18 RELATING TO MOTOR VEHICLES AND TRAFFIC BY AMENDING SECTION 18-141 TO ALLOW FOR THE IMPOUNDMENT OR IMMOBILIZATION OF VEHICLES PARKED ON PUBLIC OR PRIVATE PROPERTY TO WHICH THE PUBLIC HAS ACCESS IF THE VEHICLES MEET THE CRITERIA OF SECTION 18-140; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 18 Motor Vehicles and Traffic18-141 Procedures for immobilization and/or impoundmentadd private property to the areas where vehicles may be immobilized in or impounded from if the criteria in Section 18-140 are met. Section 18-141 shall read as follows: Sec. 18-141. Procedures for immobilization and/or impoundment. (a) When a vehicle is found parked, whether legally or illegally, at any time upon a public street, public property or upon any private property to which the public has access and such vehicle has met the criteria for immobilization or impoundment as provided in section 18-140, any authorized parking enforcement agent of the city may immobilize the vehicle by the installation on or attachment to the vehicle of a device, or boot, designed to prohibit the movement of the vehicle. In the alternative, such vehicle may be towed and impounded, provided that the towing and impoundment is authorized at the direction of a peace officer. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 3. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed two hundred dollars ($200) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. S:\Our Documents\Ordinances\08\ParkingEnforcementAmendment.doc SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _________ day of ___________________, 2008. __________________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 3942- Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $1,069,200). The Public Utilities Board recommends approval (5-0). BID INFORMATION This bid is for the annual contract to supply water treatment chemicals for the water production and wastewater treatment process. The chemicals are delivered in bulk quantities to on-site storage facilities. RECOMMENDATION Award to the lowest responsible bidder for each item as listed below: Item Description Price Vendor DPC INDUSTIRES LIQUID CHLORINE, NSF 60 CERTIFIED $0.2690/LB 1 (ONE TON) INC. DPC INDUSTRIES LIQUID CHLORINE, NSF 60 CERTIFIED $0.3555/LB 2 (BULK) INC. DPC INDUSTRIES CHLORINE 150# CYLINDER $0.8530/LB 3 NSF 60 CERTIFIED INC. $0.0707/LB PETRA CHEMICAL 4 SODIUM HYPOCHLORITE COMPANY $0.0441/LB 5 PRAXAIR LIQUID OXYGEN NSF 60 CERTIFIED FLUROSILICIC ACID, $0.2675/LB 6 PENNCO INC. NSF 60 CERTIFIED LIQUID CAUSTIC SODA $0.2675/LB 7 FSTI INC. NSF 60 CERTIFIED $2.4410/LB 8 UNIVAR USA POTASSIUM PERMANGANATE TANNER ANHYDROUS AMMONIA, $0.5100/LB 9 NSF 60 CERTIFIED INDUSTRIES INC. $0.5350/LB 10 POLYDYNE INC CATIONIC POLYMER, NSF 60 CERTIFIED GENERAL $0.0850/LB 11 LIQUID FERRIC SULFATE CHEMICAL Agenda Information Sheet February 19, 2008 Page 2 RECOMMENDATION (CONTINUED) The low bid for Item 7, Brenntag Southwest, had a firm price for only three months which is not acceptable so the item will be awarded to the next low bidder, FSTI. The low bid for Item 9, SW Chemical Services, Inc., was only a six month firm price which is not acceptable, so the item will be awarded to the next low bidder, Tanner Industries. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board will consider this item at its February 11, 2008 meeting. PRINCIPAL PLACE OF BUSINESS DPC Industries Inc. Univar Praxair Cleburne, TX Dallas, TX Burr Ridge, IL Petra Chemical Co. Pennco Inc. Polydyne, Inc. Dallas, TX San Felipe, TX Riceboro, GA General Chemical Performance Products, LLC Tanner Industries Parsippany, NJ Southampton, PA FSTI Austin, TX ESTIMATED SCHEDULE OF PROJECT This is an annual contract with the option to renew for additional one-year periods contingent upon all prices, terms, and conditions remaining the same. Delivery of individual chemicals varies from three days to two weeks and will be ordered as needed. FISCAL INFORMATION Funding for these water treatment chemicals will come from account 630100.6334. Individual purchase orders will be issued as needed. EXHIBITS 1. Bid Tabulation Respectfully submitted: _________________________________ Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS FOR THE CITY OF DENTON WATER TREATMENT PLANTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3942-ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE ANNUAL ESTIMATED AMOUNT OF $1,069,200). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3942 1-3 DPC Industries, Inc. Exhibit A 3942 4 Petra Chemical Exhibit A 3942 5 Praxair Exhibit A 3942 6 Pennco Inc. Exhibit A 3942 7 FSTI Inc. Exhibit A 3942 8 Univar USA Exhibit A 3942 9 Tanner Industries Inc. Exhibit A 3942 10 Polydyne Inc. Exhibit A 3942 11 General Chemical Performance Exhibit A Products, LLC SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2008. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-BID 3942 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 February 11, 2008 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 thereafter convened into an Open Meeting on 7 Monday, February 11, 2008 at 9:01 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10 Chair Charldean Newell, Phil Gallivan, John Baines, Randy Robinson and Bill 11 Grubbs 12 : 13 Ex Officio Members 14 Howard Martin, ACM Utilities 15 Absent 16 : Dick Smith and Bill Cheek, excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 1) Consider recommending approval of competitive bids and awarding an annual contract for 25 the purchase of water treatment chemicals (Bid 3942Water Treatment Chemicals awarded 26 to the lowest responsible bidder in the total estimated amount of $1,069,200). 27 28 2) Consider recommending approval of the purchase of twenty-two vehicles and four heavy 29 equipment items for the City of Denton Utility Fund Departments regarding individual motor 30 pool items approved in the 2007-2008 budget process. These units will be acquired utilizing 31 various cooperative purchasing agreements (File 3974 Interlocal Agreement for the 32 Purchase of Utility Fund Vehicles and Equipment in the amount of $1,359,545.02). 33 Board Member Phil Gallivan moved to approve Items 1 and 2 with a second from Board 34 Member Randy Robinson. The motion was approved by a 5-0 vote. 35 36 37 The meeting was adjourned by consensus at 10:10 a.m. 38 AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8459 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Lower Colorado River Authority for the acquisition of 69kV and 138kV circuit breakers for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3623- Interlocal Agreement for the Purchase of Circuit Breakers for Denton Municipal Electric awarded to Siemens Power Transmission and Distribution in the amount of $166,104). The Public Utilities Board recommends approval (7-0). FILE INFORMATION This item is for the purchase of two 138kVcircuit breakers and two 69kV circuit breakers for Denton Municipal Electric (DME) through an interlocal agreement with the Lower Colorado River Authority. A complete description of the use of these circuit breakers is included in the attached Public Utilities Board (PUB) agenda information sheet (Exhibit 1). The price quotation from Seimens Power Transmission and Distribution is included as Exhibit 2. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its January 28, 2008 meeting. City Council approved an interlocal agreement with the Lower Colorado River Authority on December 12, 2006 (Ordinance 2006-134). RECOMMENDATION Award to Siemens Power Transmission and Distribution in the amount of $98,234 for two 138 kV breakers and $67,870 for two 69kV breakers for a total award of $166,104. PRINCIPAL PLACE OF BUSINESS Siemens Power Transmission and Distribution Owasso, OK Agenda Information Sheet February 19, 2008 Page 2 ESTIMATED SCHEDULE OF PROJECT The circuit breakers will be ordered upon Council approval. Estimated delivery is 16 weeks from receipt of an order. FISCAL INFORMATION The purchase of the circuit breakers will be funded from the following accounts: 602099494.1350.3530 $ 67,870 602153494.1350.3530 $ 98,234 $166,104 Requisition number 85918 has been entered in the purchasing software system. EXHIBITS 1. Public Utilities Board Agenda Information Sheet 2. Price Quotation from Siemens Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3623 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #2 AGENDA INFORMATION SHEET AGENDA DATE : January 28, 2008 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________________ SUBJECT: Consider recommendation of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the Lower Colorado River purchase of 138kV and 69kV circuit breakers; and providing for the expenditure of funds therefor (File 3623-Interlocal Agreement for the purchase of circuit breakers with LCRA awarded to Siemens Power Transmission & Distribution, Inc. $166,104). BACKGROUND: On December 10, 2007, the Public Utilities Board recommended approval for purchase of five 138kV and three 69kV circuit breakers through an Interlocal Cooperation Agreement with LCRA. On January 8, 2008, the City Council approved the purchase. The January purchase included the following circuit breakers: Jim Christal Substation: 3 - 138kV Circuit Breakers RD Wells Interchange: 1 - 138kV Circuit Breaker Spare: 1 - 138kV Circuit Breaker Bonnie Brae Substation: 1 - 69kV Circuit Breaker Hickory Substation: 2 - 69kV Circuit Breakers As the designs for the Jim Christal Substation 138kV Addition and for the new Bonnie Brae Substation have progressed since early December, the needs for two additional 138kV and two additional 69kV circuit breakers have been identified. Siemens has agreed to provide the additional breakers at the same prices as for the earlier purchase. The additional breakers will be installed as the protective device for the high voltage side of the transformers in the two stations. This is a change from the early concept designs and will make it possible to avoid having to interrupt the transmission line for a fault in a transformer or distribution bus. This allows the transmission line to remain intact for a non-transmission fault. Exhibit 2 is a one-line drawing for the Bonnie Brae Substation showing where circuit breakers are being added. Exhibit 3 is a one-line drawing for the Jim Christal Substation showing where circuit breakers are being added in that station. Exhibit 1 AIS PUB Agenda Item #2 January 28, 2008 Page 2 of 3 Bushing Current Operating Mechanism and Control 69kV Circuit Breaker 138kV Circuit Breaker The City Council approved an Interlocal Cooperation Agreement with the Lower Colorado River Authority on December 12, 2006 (Ordinance 2006-334). The Interlocal Cooperation Agreement agreements for purchase of electrical and other products. LCRA has an existing purchase agreement in place with Siemens for 69kV and 138kV circuit breakers. DME proposes to obtain the needed circuit breakers through this interlocal agreement. The interlocal agreement stipulates that each participating agency arrange the specific purchases and issue purchase orders directly to vendors. Because of the volatility in the market, the LCRA agreement contains a mechanism whereby prices may be adjusted periodically. The Siemens pricing to LCRA is due to be reviewed in February with the likely result that the prices will increase by some amount. DME obtained the LCRA prices and the technical information for the circuit breakers and evaluated their suitability for application in local projects. Only minor adaptations in the control and indication features will be necessary to make the circuit breakers compatible with the protection, control, and indication schemes that DME uses. The 138kV circuit breakers will require the addition of lights, switches, and wiring in the control cabinet at a cost of $2,422 per breaker. The 69kV breaker adaptation will require the addition of lights, switches, and wiring in the control cabinet and removal of six bushing current transformers. The effect of these changes is to lower the price of the 69kV breakers unit price for 138kV breakers will be $49,117, and the unit price for 69kV breakers will be $33,935 based Siemens showing the LCRA price and the cost adjustments for the control and CT changes is attached as Exhibit 1. The cost for two 138kV breakers will be a total of $98,234. The cost for two 69kV breakers will be a total of $67,870. The total cost for all four breakers will be $166,104. Exhibit 1 AIS PUB Agenda Item #4 January 28, 2008 Page 3 of 3 By way of clarification, the quotation references 145kV and 72kV circuit breakers. The nominal voltages for the transmission systems around Denton are 138kV and 69kV. There are national industry standards for maximum voltages that manufacturers must comply with for equipment that will operated at these system voltages. For 138kV, the maximum voltage rating must be 145kV and for 69kV, the maximum voltage rating must be 72kV. Since 2001, DME has purchased Siemens breakers of this type and wishes to maintain this as a standard. OPTIONS: Recommend approval Not recommend approval RECOMMENDATION: DME recommends approval of the unit prices for purchase of circuit breakers from Siemens through the existing interagency agreement with LCRA. ESTIMATED SCHEDULE: The circuit breakers for Jim Christal and Bonnie Brae substations will be ordered upon approval by the City Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions): None by the PUB for this purchase. City Council approved the Interlocal Cooperation Agreement with LCRA on December 12, 2006 (Ordinance 2006-334). FISCAL INFORMATION: The circuit breakers will be purchased using budgeted funds for specific projects. BID INFORMATION: The bids were administered by LCRA. DATE SCHEDULED FOR COUNCIL APPROVAL: February 19, 2008 EXHIBITS: 1. Quotation from Siemens with follow-up confirmation that the prices will be honored. 2. One-Line Drawing for Bonnie Brae Substation 3. One-Line Drawing for Jim Christal Substation Respectfully submitted, Phillip Williams, Acting General Manager, DME Prepared by: Exhibit 1 Chuck Sears, Engineering Division Manager, DME Exhibit 2 December 3, 2007 Karen Smith, Sr. Buyer City of Denton 901-B Texas Street Denton, TX 76209 RE: SPS Circuit Breaker pricing via LCRA Agreement Ms. Smith Per our previous communication the Lower Colorado River Authority currently has an ongoing agreement with Siemens to purchase our SPS circuit breakers. This agreement is changed as negotiated based upon the current needs of either party, and as you know, part of this agreement allows other entities such as the City of Denton to purchase at the LCRA pricing. From past purchases, and communication with your Engineering staff, we know the exact design changes necessary to match your technical preferences. We have determined the costs to slightly modify the LCRA design that you plan to purchase to meet Denton requirements. These costs are listed in the table below. Ý·¬§ ±º Ü»²¬±² ÍÐÍ Ý·®½«·¬ Þ®»¿µ»® Ð®·½» ¾¿»¼ «°±² ÔÝÎß ß¹®»»³»²¬ ÔÝÎß °®·½» Ü»·¹² ½¸¿²¹» ¬± ³¿¬½¸ Ü»²¬±² °»½ò Ü»²¬±² Ð®·½» °»® ÔÝÎß Ü»·¹² ©ñ Ý¸¿²¹» 145 KV $ 46,695.00 $ 2,422.00 $ 49,117.00 72 KV $ 37,460.00 $ (3,525.00) $ 33,935.00 This offer is valid to you through January 31, 2008. Please feel free to contact me if you have any questions. We look forward to working with you. Trey Little, Sales Agent for Siemens / Len T. Deloney LLC Cc: Ed Carter, Siemens Application Engineer ORDINANCE NO. 2008-______ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE LOWER COLORADO RIVER AUTHORITY FOR THE ACQUISITION OF 69KV AND 138KV CIRCUIT BREAKERS FOR DENTON MUNICIPAL ELECTRIC BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3623-INTERLOCAL AGREEMENT FOR THE PURCHASE OF CIRCUIT BREAKERS FOR DENTON MUNICIPAL ELECTRIC AWARDED TO SIEMENS POWER TRANSMISSION AND DISTRIBUTION IN THE AMOUNT OF $166,104). th WHEREAS, on the 12 day of December, 2006, the City Council considered and approved an Interlocal Cooperation Agreement with the Lower Colorado , pursuant to the provisions of Texas Local Government Code, Section 271.102, by Ordinance No. 2006-334, that provided for the cooperative purchase of goods and services; and WHEREAS, pursuant to said Interlocal Cooperation Agreement, the City desires to make purchases of 138kV and 69 kV electric circuit breakers; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to purchase two (2) 138 kV circuit breakers for the unit price of $49,117 each; and two (2) 69 kV circuit breakers for the unit price of $33,935 each, totaling $166,104 from Siemens Power Transmission and Distribution, Inc., the successful bidder pursuant to competitive bids received by the Lower Colorado River Authority in accordance with an Interlocal Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Texas Local Government Code; which Agreement is on file in the office of the City of Denton Purchasing Agent. SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2008. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-File 3623 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 January 28, 2008 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 January 28, 2008 at 9:00 a.m. in the Service Center Training Room. 8 Present: 9 Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, John Baines, 10 Randy Robinson and Bill Grubbs. 11 12 Ex Officio Members: 13 George C. Campbell, City Manager 14 Howard Martin, ACM Utilities 15 OPEN MEETING: 16 17 CONSENT AGENDA: 18 19 20 has had an opportunity to raise questions regarding these items prior to consideration. 21 Board Member Phil Gallivan pulled Item 1 for Individual Consideration. 22 23 24 2) Consider recommendation of an ordinance accepting competitive bids by way of an 25 Interlocal Cooperative Purchasing Program Participation Agreement with the Lower 26 xas Local Government 27 Code, for the purchase of 138kV and 69kV circuit breakers; and providing for the 28 expenditure of funds therefor (File 3623-Interlocal Agreement for the purchase of circuit 29 breakers with LCRA awarded to Siemens Power Transmission & Distribution, Inc. 30 166,104). 31 Board Member John Baines moved to approve with a second from Board Member Dick 32 Smith. The motion was approved by a 7-0 vote. 33 34 35 The meeting was adjourned by consensus at 10:17 a.m. 36 AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC), Buy Board Cooperative Purchasing Network, Tarrant County, and the Texas Multiple Award Schedule (TXMAS) program for the acquisition of twenty-two vehicles and four heavy equipment items for the City of Denton Utility Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3974-Interlocal Agreement for the purchase of Utility Fund Vehicles and Equipment awarded to multiple vendors as listed on Exhibit A in the amount of $1,359,545.02 ). The Public Utilities Board recommends approval (5-0). FILE INFORMATION These twenty-six units are utility related acquisitions. A list and description of the vehicles/equipment is shown below. FA indicates a fleet addition. Item Description Quant. Price (Ea) Department Co-op* 1 ½ Ton Ext Cab 1 $17,015.00 Water Mtr H-GAC 1 ½ Ton Ext Cab 1 $17,015.00 Electric Op H-GAC ½ Ton Ext Cab 1 $17,015.00 Solid Waste H-GAC (FA) 2 ½ Ton Reg Cab 1 $14,303.00 Water Adm H-GAC 2 ½ Ton Reg Cab 1 $14,303.00 Electric Op H-GAC (FA) 3 ¾ Ton Reg Cab 1 $14,939.00 Electric Mtr H-GAC (FA) 4 ¾ Ton Crew Cab 1 $27,331.00 Water Prod H-GAC 5 Mid Size SUV Hybrid 1 $26,269.00 Electric Adm H-GAC (FA) 5 Mid Size SUV Hybrid 1 $26,269.00 Solid Waste H-GAC (FA) 5 Mid Size SUV Hybrid 1 $26,269.00 Solid Waste H-GAC (FA) 6 ¾ Ton Ext Cab 1 $25,635.00 Solid Waste H-GAC 7A 1½ Ton Chassis w/Service Body 1 $49,899.00 Electric Dist H-GAC 7B 1½ Ton Chassis w/Service Body 1 $44,510.00 Electric Dist H-GAC 7C 1½ Ton Chassis w/Service Body 1 $41,608.00 Water Mtr H-GAC 7D 1½ Ton Chassis w/Service Body 1 $31,940.00 Solid Waste H-GAC 8 1½ Ton Reg Cab w/Service Body 1 $34,035.00 Electric Dist H-GAC (FA) 8 1½ Ton Reg Cab w/Service Body 1 $34,035.00 Electric Dist H-GAC (FA) Agenda Information Sheet February 19, 2008 Page 2 FILE INFORMATION (CONTINUED) 9 Expedition XLS SUV 1 $21,823.00 Water Eng H-GAC 10 Sewer Cleaning Truck 1 $110,220.02 W/W Coll H-GAC 11 Track Hoe Kobelco 1 $202,543.00 Drainage H-GAC 12 Backhoe w/Ext 1 $73,305.00 Electric Dist Tarrant Co 12 Backhoe W/Ext 1 $73,305.00 Electric Dist Tarrant Co 13 Pole Setting Machine 1 $92,495.00 Electric Dist TXMAS 14 1 $141,585.00 Electric Dist TXMAS 15 1 $134,882.00 Electric Dist TXMAS 16 Pull Truck for Pole Trailer 1 $ 46,997.00 Electric Dist Buy Board 26 $1,359,545.02 *Cooperative agreement handling fees and service manuals are estimated at $6000 and may vary depending upon the number of purchase orders issued and service manuals required. All units are powered by gasoline or diesel engines with LEV ratings that meet or exceed EPA standards. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its February 11, 2008 meeting. All listed items were approved in the 2007-2008 budget process. RECOMMENDATION Award the purchase of Utility Fund vehicles and equipment through interlocal agreement contracts to the vendors listed below for a total award amount of $1,359,545.02. ITEM NUMBER VENDOR AMOUNT 1-9 H-GAC/Philpott Ford $484,213.00 10 H-GAC/ Rush Truck Centers of Texas $110,220.02 11 H-GAC/Bane Machinery $202,543.00 12 Tarrant Co./Continental Equipment $146,610.00 13-14 TXMAS/Altec Industries $234,080.00 15 TXMAS/Grande Truck Center $134,882.00 16 Buy Board/Philpott Ford $ 46,997.00 Agenda Information Sheet February 19, 2008 Page 3 PRINCIPAL PLACE OF BUSINESS Philpott Ford Continental Equipment Co. Rush Truck Centers of Texas Nederland, TX Dallas, TX Houston, TX Bane Machinery Altec Industries Grande Truck Center Ft. Worth TX Saint Jo, MO San Antonio, TX ESTIMATED SCHEDULE OF PROJECT The delivery schedule for this list of equipment varies from 10 to 220 days after receipt of an order. FISCAL INFORMATION These vehicles will be funded from the following sources: Department Account Number Dollar Amount Electric 602251605-602267605.1355.3920 $797,574.00 Water 635001635-635002635.1355.30100 $122,080.00 Wastewater 645001645-645002645.1355.30100 $110,220.02 Solid Waste 660200.7847-660400.7847 $127,128.00 Drainage 655003645.1355.30100 $202,543.00 $1,359,545.02 EXHIBITS Exhibit 1: Vehicle and Equipment Pricing Sheets Exhibit 2: Itemized List of Vehicle Funding Accounts Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit 1-Item 1 Item 2 Item 3 Item 4 Item 5 Item 6 Item 7A Item 7B Item 7C Item 7D Item 8 Item 9 Item 10 Item 10 Item 11 Item 12 Item 13 Item14 Item 15 Item 16 Exhibit 2 FUNDING 2007-2008 UTILITY FUND VEHICLES/EQUIPMENT Item Description Quant. Price (Ea) Dept. Acct# 1 ½ Ton Ext Cab 1 $17,015.00 Solid Waste 660200.7847* 1 ½ Ton Ext Cab 1 $17,015.00 Water Mtr 635004635.1355.30100 1 ½ Ton Ext Cab 1 $17,015.00 Electric Op 602251605.1355.3920 2 ½ Ton Reg Cab 1 $14,303.00 Water Adm 635001635.1355.30100 2 ½ Ton Reg Cab 1 $14,303.00 Electric Op 602265605.1355.3920 3 ¾ Ton Reg Cab 1 $14,939.00 Electric Mtr 602266605.1355.3920 4 ¾ Ton Crew Cab 1 $27,331.00 Water Prod 635002635.1355.30100 5 SUV Hybrid 1 $26,269.00 Electric Adm 602261605.1355.3920 5 SUV Hybrid 1 $26,269.00 Solid Waste 660400.7847* 5 SUV Hybrid 1 $26,269.00 Solid Waste 660300.7847* 6 ¾ Ton Ext Cab 1 $25,635.00 Solid Waste 660300.7847* 7A 1½ Ton Chassis 1 $49,899.00 Electric Dist 602252605.1355.3920 7B 1½ Ton Chassis 1 $44,510.00 Electric Dist 602253605.1355.3920 7C 1½ Ton Chassis 1 $41,608.00 Water Mtr 635005635.1355.30100 7D 1½ Ton Chassis 1 $31,940.00 Solid Waste 660300.7847* 8 1½ Ton Reg Cab 1 $34,035.00 Electric Dist 602262605.1355.3920 8 1½ Ton Reg Cab 1 $34,035.00 Electric Dist 602263605.1355.3920 9 Expedition XLS 1 $21,823.00 Water Eng 635006635.1355.30100 10 Sewer Clning Trk 1 $110,220.02 W/Water Coll 645002645.1355.30100 11 Track Hoe 1 $202,543.00 Drainage 655003645.1355.30101 12 Backhoe w/Ext 1 $73,305.00 Electric Dist 602255605.1355.3920 12 Backhoe W/Ext 1 $73,305.00 Electric Dist 602256605.1355.3920 13 Pole Setting Machine 1 $92,495.00 Electric Dist 602257605.1355.3920 14 Aerial Bkt Trk 1 $141,585.00 Electric Dist 602258605.1355.3920 15 Aerial B1 $134,882.00 Electric Dist 602267605.1355.3920 16 Pull Trk/Pole Trailer 1 $46,997.00 Electric Dist 602268605.1355.3920 26 $1,359,545.02 rd *The five Solid Waste items will be funded from 3 Party Lease accounts 660200.7847, 660300.7847, and 660400.7847. ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE HOUSTON- GALVESTON AREA COUNCIL (H-GAC), BUY BOARD COOPERATIVE PURCHASING NETWORK, TARRANT COUNTY, AND THE TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) PROGRAM FOR THE ACQUISITION OF TWENTY-TWO VEHICLES AND FOUR HEAVY EQUIPMENT ITEMS FOR THE CITY OF DENTON UTILITY FUND DEPARTMENTS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3974-INTERLOCAL AGREEMENT FOR THE PURCHASE OF UTILITY FUND VEHICLES AND EQUIPMENT AWARDED TO MULTIPLE VENDORS AS LISTED ON EXHIBIT A IN THE AMOUNT OF $1,359,545.02 ). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission Texas Multiple Award Schedule (TXMAS) Program has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, pursuant to Ordinance 95-175, Tarrant County, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC), Buy Board Cooperative Purchasing Network, Texas Multiple Award Schedule (TXMAS), and Tarrant County programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. ITEM NUMBER VENDOR AMOUNT 1-9 H-GAC/Philpott Ford $484,213.00 10 H-GAC/ Rush Truck Centers of Texas $110,220.02 11 H-GAC/Bane Machinery $202,543.00 12 Tarrant Co./Continental Equipment $146,610.00 13-14 TXMAS/Altec Industries $276,467.00 15 TXMAS/Grande Truck Center $134,882.00 16 Buy Board/Philpott Ford $ 46,997.00 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC, Tarrant County, TXMAS or Buy Board for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the above listed agencies, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of -GAC, Tarrant County, TXMAS or Buy Board, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC, Tarrant County, TXMAS or Buy Board, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2008. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-File 3974 EXHIBIT A 2007-2008 UTILITY FUND VEHICLES Item Description Quant. Price (Ea) Vendor 1 ½ Ton Ext Cab 1 $17,015.00 Philpott Ford 1 ½ Ton Ext Cab 1 $17,015.00 Philpott Ford ½ Ton Ext Cab 1 $17,015.00 Philpott Ford 2 ½ Ton Reg Cab 1 $14,303.00 Philpott Ford 2 ½ Ton Reg Cab 1 $14,303.00 Philpott Ford 3 ¾ Ton Reg Cab 1 $14,939.00 Philpott Ford 4 ¾ Ton Crew Cab 1 $27,331.00 Philpott Ford 5 Mid Size SUV Hybrid 1 $26,269.00 Philpott Ford 5 Mid Size SUV Hybrid 1 $26,269.00 Philpott Ford 5 Mid Size SUV Hybrid 1 $26,269.00 Philpott Ford 6 ¾ Ton Ext Cab 1 $25,635.00 Philpott Ford 7A 1½ Ton Chassis w/Service Body 1 $49,899.00 Philpott Ford 7B 1½ Ton Chassis w/Service Body 1 $44,510.00 Philpott Ford 7C 1½ Ton Chassis w/Service Body 1 $41,608.00 Philpott Ford 7D 1½ Ton Chassis w/Service Body 1 $31,940.00 Philpott Ford 8 1½ Ton Reg Cab w/Service Body 1 $34,035.00 Philpott Ford 8 1½ Ton Reg Cab w/Service Body 1 $34,035.00 Philpott Ford 9 Expedition XLS SUV 1 $21,823.00 Philpott Ford 10 Sewer Cleaning Truck 1 $110,220.02 Rush Truck Centers of Texas 11 Track Hoe Kobelco 1 $202,543.00 Bane Machinery 12 Backhoe w/Ext 1 $73,305.00 Continental Equipment 12 Backhoe W/Ext 1 $73,305.00 Continental Equipment 13 Pole Setting Machine 1 $92,495.00 Altec 14 1 $141,585.00 Altec 15 Aerial B 1 $134,882.00 Grande Truck Center 16 Pull Truck for Pole Trailer 1 $ 46,997.00 Philpott Ford 26 $1,359,545.02 AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Bruce Henington 349-8134 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for roof work at nine City of Denton facilities; providing for the expenditure of funds therefore; and providing an effective date (Bid 3915-Roof Work at Multiple Locations awarded to the lowest responsive bidder meeting specification for each section for a total award amount of $424,715. BID INFORMATION This bid is for various levels of roof repair and renovation for the following locations: Chill Water Tower City Hall Main Area B Martin Luther King, Jr. Recreation Center Area A Civic Center Area B Senior Center Visual Arts Center Fire Station 3 Fire Station 5 Fire Station 6 The types of repairs and extent of work to be done are a result of a 15-year roof replacement/repair program. Roofs at the various facilities are reviewed and prioritized every year. Once they meet the criteria they are replaced or repaired as needed. RECOMMENDATION Award to the lowest responsive bidder meeting specification for each section as listed below: Item Number Vendor Amount 1 Progressive Roofing $ 7,900 2,3,5,6,9 Weatherproofing Services $144,338 4,7A BRI Roofing $130,700 8 Roof Management Services $141,777 Total $424,715 Agenda Information Sheet February 19, 2008 Page 2 PRINCIPAL PLACE OF BUSINESS BRI Roofing Roof Management Services Progressive Roofing Haslet, TX Garland, TX Balch Springs, TX Weatherproofing Services Cross Roads, TX ESTIMATED SCHEDULE OF PROJECT The individual projects are estimated to take from 30-90 days after notice to proceed. FISCAL INFORMATION The roof work will be funded from account number 100106454.1365.40100. Requisition numbers 85877, 85879, 85881, and 85882 have been entered in the purchasing software system. EXHIBITS 1. Tabulation Sheet Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 3915 ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR ROOF WORK AT NINE CITY OF DENTON FACILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3915-ROOF WORK AT MULTIPLE LOCATIONS AWARDED TO THE LOWEST RESPONSIVE BIDDER MEETING SPECIFICATION FOR EACH SECTION FOR A TOTAL AWARD AMOUNT OF $424,715. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: ITEM NUMBER CONTRACTOR AMOUNT 1 Progressive Roofing $ 7,900 2,3,5,6,9 Weatherproofing Services $144,338 4,7A BRI Roofing $130,700 8 Roof Management Services $141,777 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2008. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 3915 AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Emerson Vorel 349-8271 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association; determining a sole source and approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 3967- Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $65,000). FILE INFORMATION The Agreement between the City of Denton and the North Texas Umpire Association is to co-, the Parks and Recreation Department contacts the ASA Distri Association that would be available to umpire adult softball league games in Denton. This year and in previous years, the North Texas Umpire Association has been the only association (sole source) available for officiating sanctioned adult softball league play in Denton. 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. The North Texas Umpire Association will officiate approximately 1,100 softball games for the Parks and Recreation Department during the 2007-08 fiscal year. The Association will provide two ASA umpires and one scorekeeper per game. RECOMMENDATION Award to North Texas Umpire Association in the amount per game specified in the Agreement on file in the office of the Purchasing Agent for an estimated total amount of $65,000. PRINCIPAL PLACE OF BUSINESS North Texas Umpire Association Denton, TX Agenda Information Sheet February 19, 2008 Page 2 ESTIMATED SCHEDULE OF PROJECT This Agreement will remain in effect through December 15, 2008. FISCAL INFORMATION This Agreement will be funded from Parks and Recreation account 411170.7868. Requisition number 85710 has been entered in the purchasing software system. EXHIBITS 1: Sole Source Letter from North Texas Umpire Assoc. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3967 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION; DETERMINING A SOLE SOURCE AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF THE STATE LAW EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3967- AGREEMENT WITH NORTH TEXAS UMPIRE ASSOCIATION IN THE AMOUNT PER GAME AS SPECIFIED IN THE AGREEMENT FOR AN ESTIMATED AWARD OF $65,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3967 North Texas Umpire Association $65,000 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2008. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-File 3967 AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Willliams 349-8549 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas accepting competitive sealed proposals and awarding a contract for the purchase of an Outage Management System for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date (RFSP 3881-Outage Management System for Denton Municipal Electric awarded to Milsoft Utility Solutions). The Public Utilities Board recommends approval (7-0). RFP INFORMATION This RFP is for an Outage Management System to be used by Denton Municipal Electric to assist in the restoration of power, to record maintenance actions and statistics and to enhance communication. A complete description of this item is included in the attached Public Utilities Board agenda sheet (Exhibit 1). A committee made up of five representatives from various Electric Utility divisions evaluated proposals submitted by the respondents. The selection criteria were as follows: 1. Compliance with RFP specifications 30 points 2. requirements of the City of Denton 3. Ability to interact with existing DME technology 15 points 4. Experience with similar equipment 10 points 5. Pricing 25 points Four respondents were ranked and Milsoft Utility Solutions scored the highest based on the above criteria. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its January 28, 2008 meeting. RECOMMENDATION Award a contract for the purchase of an Outage Management System to Milsoft Utility Solutions in the amount of $127,383.26. Agenda Information Sheet February 19, 2008 Page 2 PRINCIPAL PLACE OF BUSINESS Milsoft Utility Solutions Abilene, TX ESTIMATED SCHEDULE OF PROJECT Installation of the Outage Management System shall be completed within 180 days from notice to proceed. FISCAL INFORMATION account numbers: 602029493.1360.3610-$101,905.00 602029493.1360.3520-$ 25,478.26 EXHIBITS 1. Public Utilities Board Agenda Sheet 2. Committee Evaluation Rankings Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-3881 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM # AGENDA INFORMATION SHEET AGENDA DATE: January 28, 2008 DEPARTMENT: Electric Utility ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider recommending approval of an ordinance accepting sealed proposals and awarding a contract for the purchase of an Outage Management System for Denton Municipal Electric (RFSP 3881-Outage Management System awarded to Milsoft Utility Solutions). BACKGROUND Today, DME manages its response to the service needs of its customers through a manual process that centers on one or two dispatchers, depending on the day of the week and the time of the day. These dispatchers take information from customer phone calls, voice mail messages left by customers, or service turn-on or turn-off requests submitted by the Customer Service Department. The dispatchers then dispatch DME crews to address the issues identified and manually record their actions in DME developed data bases. Information recorded in those data bases provides the only organized source of statistics for review and analysis of the DME smaller, but is no longer adequate. The problem becomes particularly obvious during a major outage, such as, what is experienced during a large storm or major equipment failure. Today, in those situations, DME technical staff must try to determine the sources of problems by looking at the outages being reported to dispatchers and visually comparing the locations of the reported outages to diagrams of the electric system. The most sophisticated tools available today to aid in this process are white boards, notepads and maps. Additionally, as orders to change the configuration of the electric system to isolate a problem and restore as many customers as possible are given, there is no way to maintain an accurate set of system diagrams that show the e their hand written records of switching orders in order to determine the current system configuration at that point in time. This situation is not acceptable as the safety of the employees and the general public is at risk and system restoration cannot be performed within an optimal time. Standard industry practice for dealing with the issues listed above is the use of an Outage Management System (OMS). An Outage Management System (OMS) is a software program used by operators of electric utilities to assist in restoration of power, record maintenance actions and statistics, and enhance communication. An OMS receives outage information from either a phone call, received through an Interactive Voice Response (IVR) system, or a manual entry by a dispatcher. The OMS is interfaced with the Customer Information System (CIS); the electric utility Geographical Information System (GIS) based system diagrams, and the electric utility Supervisory Control and Data Acquisition (SCADA) system. Exhibit 1 AIS PUB Agenda Item # January 28, 2008 Page 2 of 3 It uses customer address information from the CIS to locate the customer on its GIS based system diagrams and uses that information to predict the most likely source of the problem. That information can be used to dispatch personnel directly to the most likely cause of the problem, rather than having personnel driving around an area trying to locate the source of the problem. For instance, all calls in a particular area downstream of a fuse would be predicted to be caused by that single fuse upstream of the calls, and personnel would be dispatched directly to that fuse. An OMS also maintains an up to date set of system diagrams by combining real time equipment status information from the SCADA system combined with switching order information manually entered by dispatchers. An OMS tracks outages and prioritizes them according to any criteria the dispatcher chooses, for example, as first caller, life support customers, emergency services, and hospitals, etc. It can make best use of restoration crews by assisting the dispatcher in sending the closest crew to an outage. An OMS also automatically maintains records of all actions taken, crews dispatched, outage durations, outage causes, etc. that can be used in analyzing electric system performance. OMS benefits include: Reduced outage durations due to faster restoration, based upon outage location predictions. Reduced outage duration averages due to prioritizing and dispatching the closest crew. Improved customer satisfaction due to the ability to generate automatic messages that allow the IVR to provide customers information on outage restoration progress and estimated restoration times Improved media relations by providing accurate outage and restoration information. The ability to prioritize restoration of emergency facilities and other critical customers. Reduced outage frequency due to availability of outage statistics that can be analyzed to determine common modes of failure for and designing system improvement programs that provide the largest improvements of system reliability for the lowest cost. Repeat outages can be monitored and reports generated at set time intervals to alert system operations of DME system areas needing attention. DME staff members have spent the past year reviewing all available OMS packages with vendors, speaking and visiting other utilities with operating OMS software from each vendor. That effort was followed with the issue of a comprehensive Request for Proposal (RFP) to Vendors. After evaluation of the four RFP responses by a team of DME personnel from Operations, Engineering, and the General Manager, Milsoft Utility Solutions was selected as the vendor with the best overall proposal. Full optimization of the OMS software will require the installation of additional phone equipment and an IVR which is being coordinated with the Technology Services Department. The development of an RFP for that equipment cannot be completed until an OMS vendor is selected. Following approval of an OMS purchase, the phone system RFP will be issued and the results of that RFP brought to the PUB and City Council for approval. Once the OMS and the associated phone system upgrades are i having communicating with DME during outages should be minimized. This process should be completed in the spring of 2008. OPTIONS 1. Award a contract for purchase of OMS software to Milsoft Utility Solutions. 2. Do not purchase an OMS system. Exhibit 1 AIS PUB Agenda Item # January 28, 2008 Page 3 of 3 RECOMMENDATION DME recommends awarding the contract for purchase of an OMS to Milsoft Utility Solutions as the vendor with the highest evaluated score. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None DATE SCHEDULED FOR COUNCIL APPROVAL February 19, 2008 FISCAL INFORMATION The cost of the Milsoft Utility Solutions OMS software is $127,383.26. The associated hardware required for installation was quoted by the Vendor at $39,695.40. The Technology Services Department worked with DME during this RFP process, and was able to secure the hardware through their contract with Dell for $17,430.11, enabling a savings of over $20,000.00. This approved FY08 CIP budget under the following codes: 602029493.1360.3520 602029493.1360.3610 BID INFORMATION Responding Vendors: Milsoft Utility Solutions Telvent Miner & Miner Advanced Control Systems (ACS) Asea Brown Boveri (ABB) EXHIBITS 1. Committee evaluation Respectfully submitted, Phil Williams, Interim General Manager Denton Municipal Electric Prepared by: Jeff Morris DME Operations Division Manager Exhibit 2 Committee evaluation: ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF AN OUTAGE MANAGEMENT SYSTEM FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFSP 3881-OUTAGE MANAGEMENT SYSTEM FOR DENTON MUNICIPAL ELECTRIC AWARDED TO MILSOFT UTILITY SOLUTIONS). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of an Outage Management System in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipm Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFSP NUMBER CONTRACTOR AMOUNT 3881 Milsoft Utility Solutions $127,383.26 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2008. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 4-ORD-RFP 3881 1MINUTES 2PUBLIC UTILITIES BOARD 3January 28, 2008 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, 7January 28, 2008 at 9:00 a.m. in the Service Center Training Room. 8 Present: 9 Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, John Baines, 10Randy Robinson and Bill Grubbs. 11 12 Ex Officio Members: 13 George C. Campbell, City Manager 14 Howard Martin, ACM Utilities 15 Chair Chaldean Newell announced that a quorum was present and convened into a closed 16 meeting at 9:00 a.m. to consider the following under the provision of §551.08 of the Texas 17 Government Code. 18 19 CLOSED MEETING 20: 21 22 [**Before the Public Utilities Board (“PUB”) may discuss, deliberate, vote, or take final 23action on each of the agenda items posted as a “competitive matter” in a Closed Meeting 24under the provisions of Texas Government Code §551.086(c) relating to “Public Power 25Utility” items, the Chair of the PUB shall first announce the time, and then the PUB must 26then vote and make a good faith determination, by a majority vote of its members, that if any 27particular agenda item listed under the “Closed Meeting” section is an electrical “competitive 28matter” that satisfies the requirements of §551.086(b)(3). If there is more than one 29“competitive matter” item on the PUB agenda, then a separate vote must be taken for each 30item. The vote shall be taken during the Closed Meeting and shall be included in the 31certified agenda or tape recording of the Closed Meeting. If the PUB fails to determine by a 32majority vote of its members that the particular agenda item satisfies the requirements of 33§551.086(b)(3), then the PUB may not discuss, deliberate or take any further action on that 34 Agenda item in its Closed Meeting. For any agenda item listed under any other section of 35the Texas Government Code, other than §551.086, consideration in the Closed Meeting is 36permitted without the necessity of a preliminary motion and a vote of the Board being taken.] 37 A. CONSULTATION WITH ATTORNEYS --- Under Texas Government Code 38 §551.071. 39 40 411. Receive further legal advice from the City’s Attorneys regarding the issue of 42discounted electric service rates for state universities; legal issues and remedies 43thereon; and discuss and deliberate the City’s legal posture regarding same. A 44public discussion of these legal matters would conflict with the duty of the City’s 45Attorneys to the Public Utilities Board under the Texas Disciplinary Rules of 46Professional Conduct of the State Bar of Texas. 47 Minutes - Public Utilities Board January 28, 2008 2 of 5 At 9:11 a.m. Chair Newell declared the closed meeting ended and announced that the 1 Public Utilities Board was thereafter in open session. 2 3 OPEN MEETING: 4 5 CONSENT AGENDA: 6 7The Public Utilities Board has received background information, staff’s recommendations, and 8has had an opportunity to raise questions regarding these items prior to consideration. 9 Board Member Phil Gallivan pulled Item 1 for Individual Consideration. 10 11 122)Consider recommendation of an ordinance accepting competitive bids by way of an 13Interlocal Cooperative Purchasing Program Participation Agreement with the Lower 14Colorado River Authority (“LCRA”) under Section 271.102 of the Texas Local Government 15Code, for the purchase of 138kV and 69kV circuit breakers; and providing for the 16expenditure of funds therefor (File 3623-Interlocal Agreement for the purchase of circuit 17breakers with LCRA awarded to Siemens Power Transmission & Distribution, Inc. 18(“Siemens”), in the amount of $166,104). 19 Board Member John Baines moved to approve the item with a second from Board Member 20 Dick Smith. The motion was approved by a 7-0 vote. 21 22 ITEMS FOR INDIVIDUAL CONSIDERATION 23: 24 251)Consider recommendation of an ordinance accepting sealed proposals and awarding a 26contract for the purchase of an Outage Management System for Denton Municipal Electric 27(RFSP 3881-Outage Management System awarded to Milsoft Utility Solutions) in an amount 28not to exceed $325,000. 29 30Board Member Gallivan inquired as to what the on-going cost of maintenance would be on an 31annual basis. Phil Williams, Interim General Manager, DME, replied it would be about eighteen 32(18%) percent which would amount to about $19,000 a year. Gallivan asked if the installation of 33the Interactive Voice Response (IVR) system and the equipment purchased to be linked with the 34Outage Management System (OMS) would be completed prior to the purchase of the OMS. 35Williams replied that was correct. Jeff Morris, Operations Division Manager, added that 36installation of the OMS would begin now as it is quite a process. The IVR should be submitted 37within the next six (6) weeks for approval. Gallivan asked for an estimate of cost for that 38equipment. Morris replied the cost would be $150,000. 39 Board Member Gallivan moved to approve the item with a second from Board Member 40 John Baines. The motion was approved by a 7-0 vote. 41 42 433)Consider recommending approval of the Public Utilities Board meeting minutes of: 44a.January 14, 2008 45 The minutes were approved as circulated. 46 47 Minutes - Public Utilities Board January 28, 2008 3 of 5 14)Consider recommendation of an ordinance providing for an Amended and Restated Landfill 2and Digester Gas Rights and Collection Facility Lease between DTE Biomass Energy and 3the City of Denton, Texas for the extraction, collection, processing, use, selling, and delivery 4of all Landfill Gas from the City’s Landfill and Digester Gas from the City's Wastewater 5Treatment Plant, except that Landfill Gas which is required for the Biodiesel Production 6Facility. 7 8Howard Martin, ACM Utilities, called on Vance Kemler, Director of Solid Waste to present this 9item. Kemler stated that Item 4 discusses changes staff would like to make in the DTE Biomass 10contract. He began with a review of the present contract with Biomass and indicated that one 11reason for the amendment pertains to the Environmental Protection Agency (EPA) rules about 12the collection and treatment of landfill gas. The City is not yet required by EPA regulation to 13capture landfill gas, but the requirement will be imposed as the city grows in size. The primary 14item that spurred a revised agreement was the definition of ‘Gross Revenues’. The original 15agreement defined gross revenues as the ‘total receipts of the sales of landfill and digester gas to 16the customer.’ This definition only stated gas sales, and if electrical power is sold, which may 17occur, the definition needed to be broadened to include all energy, including electrical power 18sales. 19 20Kemler also stated that if Biomass is able to claim IRS Section 45 Production Tax Credits, 21Biomass would pay an additional Lease payment equal to twenty (20%) percent of the value of 22those new tax credits or benefits. 23 24Board Member Smith requested that in the future a redlined copy of all changes be provided to 25the Board. 26 27Board Member Baines asked how much gas was being produced. Kemler replied a significant 28amount. 29 30Board Member Grubbs asked if the contract contained default provisions. Kemler replied it did, 31but only under certain circumstances. 32 Board Member Cheek moved to approve the item with a second from Board Member 33 Smith. The motion was approved by a 7-0 vote. 34 35 365)Consider recommending for approval a contract between the City of Denton and Duncan & 37Associates for the 5-year impact fee update not to exceed $55,000. 38 39Martin called on Tim Fisher, Assistant Director of Water Utilities, to present this item. Fisher 40stated that to comply with the five-year impact fee update requirements of the state law, staff has 41approached Duncan & Associates to prepare the updated study. Duncan prepared the original 42study in 1998 and the update in 2003. Fisher stated staff is confident in the work performed by 43Duncan and Associates as they are seen as a leader in the industry in the area of impact fee 44analysis. Fisher also stated that staff does not envision the study will create the need for much 45change. 46 Minutes - Public Utilities Board January 28, 2008 4 of 5 1Chair Newell asked if Duncan & Associates believed the study could be delivered by the project 2schedule deadline. Fisher replied that, while there is a tight timeline, he was confident Duncan 3would meet the timeline. He expects a written report within the next six to eight weeks with an 4ordinance to be adopted in May. 5 Board Member Smith moved to approve the item with a second from Board Member 6 Robinson. The motion was approved by a 7-0 vote. 7 8 9Martin stated he thought it was important to point out that a key issue of the study will be to look 10at zone impact fees very similar to what was done with wastewater in the last update. This key 11consideration will produce a lot of discussion and analysis of such a zone. 12 136)ACM Update: st 14a)1 Quarter Water, Wastewater and Solid Waste CIP report. 15b)Recycling Resolution 16 17Martin stated this is an item that will go to the City Council and originated out of the 18Committee on the Environment to address recycling at special events. Council is looking at 19mandatory recycling for events held on city property. 20 21Board Member Smith asked if there would be a fee. Martin replied only if the recycling 22facilities currently being provided are inadequate. Staff believes that containers currently 23provided will be adequate for 99 percent of the special events. If the event is larger than 24Parks’ ability to provide that level of service, then Solid Waste will be involved in providing 25those additional services. It has not been determined whether; if the City supports the event, 26there will be a fee for those additional services. 27 28c)Dallas Morning News article: “Is electricity deregulation a raw deal for Texas?” 29 307)New Business – This item provides an opportunity for Public Utilities Board members to 31suggest items for future agendas or to request information from the Assistant City Manager 32for future meetings. 33 341.Board Member Baines asked if electrical surges were an issue that the City experiences 35and needs to address. Martin replied he did not think so, although they do occur 36infrequently. Board Member Baines stated he was experiencing surges at his office. 37Martin indicated that the City works with individuals experiencing such problems and 38volunteered to assist with determining the cause for the surges. 39 402.Baines asked about the potential benefit of gas generation to the electrical utility and 41whether staff needs to get hard statistics. Martin replied staff could gather statistics, but 42one of the big benefits of a gas collection system is the reduction of the overall 43greenhouse emissions, and, thus, regulatory compliance associated with air quality 44control even in advance of the City’s being subject to EPA regulations. 453.Board Member Grubbs asked if the city’s Community Development Office could couple 46energy audits with homeowners when assisting with emergency repairs. 47 Minutes - Public Utilities Board January 28, 2008 5 of 5 14.Board Member Smith called attention to a letter to the editor in the Denton Record 2Chronicle regarding deregulation and why the city opted out. Smith had a chart from the 3Public Utility Commission showing that the City of Denton is the lowest in the entire 4group in electric charges and asked that this information be made available to the general 5public in Denton. 6 7Board Member Cheek suggested an agenda item in the future to discuss market strategy 8to educate the citizens. 9 108)Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the 11Texas Government Code, as amended. 12 13There was no continuation of a closed meeting item. 14 15The meeting was adjourned by consensus at 10:17 a.m. 16 17 18 Howard Martin, ACM Utilities 19 20 21Ann Forsythe, Coordinator, Boards and Committees AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas creating a Capital Improvements Advisory Committee pursuant to Texas Local Government Code §395.058 as a requirement before authorizing impact fees; appointing the planning and zoning commission’s members as members of the capital improvements advisory committee; providing for the appointment of and appointing one additional ad hoc member to the capital improvements advisory committee from the extraterritorial jurisdiction of the City of Denton, Texas; providing for the adoption of procedural rules for the capital improvements advisory committee to follow in performing its duties; and providing for a effective date. BACKGROUND In Texas, impact fees are governed by Chapter 395 of the Local Government Code (the Impact Fee Act). Under this statute impact fees are regulated for the water and wastewater utilities. Impact fees provide the means for recovering the cost of adding capacity to the water/wastewater system to provide service to any new growth that creates a new demand/impact on the water system. The last impact fee study was completed and the ordinance approved in May 2003. To comply with the 5 year impact fee update requirements of the state law, staff has approached Duncan & Associates to prepare the updated study. As part of the update, state law requires that a Capital Improvements Advisory Committee be appointed to review the projected 10-year CIP. Section 395.058 of the Local Government Code allows for the Planning & Zoning Commission along with a representative of the ETJ (Extra Territorial Jurisdiction) to serve in this capacity. Staff recommends that the Council appoint the Planning and Zoning Commission plus one additional member to represent the City of Denton ETJ interests. Staff further recommends that Ken Dickson be appointed to serve as the ETJ member on the Advisory Committee. Dr. Dickson is a retired professor from the University of North Texas and has been active in the environmental sciences for many years. 1n 1998 he created the Elm Fork Education Center at UNT and still serves as the Director. His knowledge of the environment and the effects of growth on the environment, as well as, his understanding of the issues facing Denton will bring valuable insight to the impact fee process. The role of the Advisory Committee will be to review the 10-year CIP that will be used in the Impact Fee update. Once complete, the update and related impact fees, will be presented to the Public Utilities Board, who in turn will make a recommendation regarding the actual impact fee to be levied to the City Council. RECOMMENDATION Staff recommends approval of an ordinance creating a Capital Improvements Advisory Committee consisting of the Planning and Zoning Commission and one ad hoc member from the water/wastewater extra territorial jurisdiction (ETJ). FISCAL SUMMARY Council previously approved a professional services contract for the impact fee study update. EXHIBITS 1. Ordinance Respectfully submitted: Howard Martin ACM Utilities EXHIBIT 1 ORDINANCE NO. 2008-_______ AN ORDINANCE CREATING A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §395.058 AS A REQUIREMENT BEFORE AUTHORIZING IMPACT FEES; APPOINTING THE PLANNING AND ZONING COMMISSION’S MEMBERS AS MEMBERS OF THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE; PROVIDING FOR THE APPOINTMENT OF ONE ADDITIONAL AD HOC MEMBER TO THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS; PROVIDING FOR THE ADOPTION OF PROCEDURAL RULES FOR THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE TO FOLLOW IN PERFORMING OUT ITS DUTIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas desires to authorize impact fees pursuant to Chapter 395 of the Texas Local Government Code; and WHEREAS, on the 23rd day of May, 2003, the City Council considered, approved, and authorized impact fees as provided in Ordinance No. 2003-137; now five (5) years has passed, and the City Council, in accordance with the applicable Texas law, must conduct appropriate activities regarding the imposition of impact fees for an additional five (5) year period; and WHEREAS, a Capital Improvements Advisory Committee is required to be created before any impact fees can be authorized in accordance with §395.058 of the Texas Local Government Code; and WHEREAS, such Capital Improvements Advisory Committee is to serve in an advisory capacity and is established to: (1)advise and assist the City Council in adopting land use assumptions; (2)review the capital improvements plans and file written comments; (3)monitor and evaluate implementation of the capital improvements plan; (4)file semiannual reports with respect to the progress of the capital improvements plan and report to the political subdivision any perceived inequities in implementing the plan or imposing the impact fee; and (5)advise the City Council of the need to update or revise the land use assumptions, capital improvements plan, and impact fee. WHEREAS, the City Council desires that the Planning and Zoning Commission of the City of Denton, Texas, consisting of seven (7) members, with membership of not less than forty (40%) percent of the Commission members are representatives of the real estate, development, or building industries who are not employees or officials of a political subdivision or governmental entity; constitute portion of the membership of the Capital Improvements Advisory Committee as provided by law; and WHEREAS, the City Council desires that any authorized impact fees be applied in the extraterritorial jurisdiction of the City of Denton, Texas; therefore one (1) additional ad hoc voting member of the Capital Improvements Advisory Committee must be selected from the extraterritorial jurisdiction of the City of Denton; and NOW THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby establishes the Denton Capital Improvements Advisory Committee pursuant to Texas Local Government Code §395.058 as a prerequisite of authorizing impact fees. SECTION 2. The Denton Capital Improvements Advisory Committee sometimes referred to as the “Advisory Committee” shall consist of eight members; seven shall consist of the members of the City of Denton Planning and Zoning Commission and one shall be appointed ad hoc from the extraterritorial jurisdiction of the City of Denton, Texas. All eight (8) members of the Advisory Committee shall be voting members thereof. The terms of the members shall parallel those terms of the City of Denton Planning and Zoning Commission, except that the ad hoc member from the extraterritorial jurisdiction of the City of Denton shall serve a term of two (2) years and shall be appointed in even-numbered years. The Advisory Committee shall always contain no less than forty (40%) percent of members from the real estate, development or building industries. , SECTION 3: Ken Dicksonas a person residing in the extraterritorial jurisdiction of the City of Denton, Texas, is well-qualified to serve, and is hereby accordingly appointed as an ad hoc voting member of the Advisory Committee. SECTION 4. It is understood that the ad hoc member from the extraterritorial jurisdiction of this city, appointed in Section 3 above, shall have no authority to serve or deliberate as a member of the Planning and Zoning Commission of the City of Denton, and shall serve only as a member of the Advisory Committee. SECTION 5. The duties of the Advisory Committee shall consist of the requirements listed in Texas Local Government Code §395.058(c) and (d) as currently written, and any other duties as may be required by amendment of that statute. SECTION 6. The City Council hereby designates procedural rules for the Advisory Committee to follow in carrying out its duties by requiring the Capital Improvements Advisory Committee to follow the City Council Rules of Procedure as set forth in Ordinance No. 2001- 193, as amended by Ordinance No. 2001-204, as amended by Ordinance No. 2002-018, and as amended in the future, hereby adopting those procedural rules as the rules of the Advisory Committee. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _____ day of February, 2008. 2 __________________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: _________________________________ 3 AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008 DEPARTMENT: Economic Development/Downtown Development ICM/DCM/ACM: George Campbell, City Manager SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from DSC Development LP from the Downtown Incentive Grant Program not to exceed $25,000; and providing for an effective date. (The Economic Development Partnership Board recommends approval 6-0) BACKGROUND Applicant: Kelly Jay Thomas, DSC Development, LP Denton, Texas City Council approved the Downtown Incentive Reimbursement Grant Program on April 3, 2007, and allocated $50,000 to fund the program for 2007-2008 fiscal year. Key elements of the policy are: Grant funds are a 50:50 match and are reimbursed upon receiving proof of expenditure and completion of work. Certain redevelopment activities are eligible for grant funds. Façade Rehabilitation o New Awnings and Signs o Impact Fee Reimbursement o Utility Upgrades o An applicant is defined as an eligible property within the Downtown Central Business District. A single owner of multiple properties may apply for grant funds for each property but may not receive more than $50,000 per property. Projects are considered based on: Compliance with current building standards o Perceived need for proposed renovations and historical accuracy o Design quality o Compatibility of design in relation to other buildings o Project compatibility with streetscape objectives o Project compatibility in relation to Downtown Development goals o Proximity to Courthouse-on-the-Square o A process for project review, recommendation and approval are defined. City staff review o Downtown Task Force review and recommendation o 1 Economic Development Partnership Board review and recommendation o City Council review and approval o THE PROJECT This 14 unit project will be the first townhome development in the downtown area. According to the Downtown Master Plan, this type of development is desirable for the area. The builder, DSC Development, estimates that the units will be sold for total of $2.6 million. At the current tax rate, the project would generate $17,330 in City ad valorem tax revenue. An additional $43,400 would be paid annually to the County and DISD. The timing of the project would place the new valuation on the 2009 tax rolls. Should City Council approve the proposed downtown Tax Increment Finance (TIF) district, the new valuation, or a portion thereof, would be allocated to the TIF district funds. PRIOR ACTION/REVIEW This project is eligible under the following criteria: Utility Upgrades Compliance with current building standards Design quality Compatibility of design in relation to other buildings Project compatibility with streetscape objectives Project compatibility in relation to Downtown Development goals Proximity to Courthouse-on-the-Square RECOMMENDATION The Downtown Development Task Force recommended approval 7-0 at their December 12, 2006 meeting. The Economic Development Partnership Board recommended approval 6-0 at their January 14, 2008 meeting. FISCAL IMPACT If approved, this grant will be awarded in the amount of $25,000; DCS is investing $2.6 million in the project. The FY 07-08 budget has funds in the amount of $50,000. At the current tax rate, the project would generate $17,330 in City ad valorem tax revenue. An additional $43,400 would be paid annually to the County and DISD. If approved, this would be the second grant awarded through the Downtown Incentive Reimbursement Grant Program, leaving a balance of $15,000 for Fiscal Year 07-08. 2 EXHIBITS 1.Ordinance 2.Grant agreement 3.Excerpt of minutes from Downtown Task Force 10-10-07 meeting 4.Excerpt of minutes from Economic Development Partnership Board 11-19-07 meeting Prepared by: ___________________ Julie Glover Economic Development Program Administrator Respectfully submitted: __________________________ Linda Ratliff Director of Economic Development 3 Downtown Task Force 8:30 A.M. – December 12, 2007 City Council Work Session Room 215 E. McKinney EXCERPT OF MINUTES 1.Reviewed a Downtown Incentive Reimbursement Grant Program Application for 215 E. Mulberry Oak Street and made a recommendation to the Economic Development Partnership Board Ratliff reviewed the grant application and gave a brief history on the project. The applicant addressed the group explaining why they had applied for the grant and about their project. The request is for about 20% of the project costs. To date everything has been approved by the City and the City has completed the sewer and water taps. With the utilities being installed when the weather is agreeable. Plans for the buildings are in plan review and expected to be approved by weeks’ end. The townhomes are two and three story ranging from 1,600 to 1,900 sq ft in size. The price and location of these homes have attracted a demographic of 40-55 year olds with higher education. There are six units with lease options at this time. Rivers lead the discussion on the application. This is the exact type of project that is needed as it captures the ideal concept of the vision for the downtown area. The tax revenue will repay the incentive request in approximately two years. Hall made the motion to recommend to the Economic Development Partnership Board that the application for 215 E. Mulberry Oak Street be awarded a Downtown Incentive Reimbursement Grant of $25,000. The motion was seconded by Moses and carried unanimously (7-0). EXCERPT OF MINUTES CITY OF DENTON ECONOMIC DEVELOPMENT PARTNERSHIP BOARD January 14, 2008 After determining that a quorum was present, the Economic Development Partnership Board convened on Monday, January 14, 2008 at 11:45 a.m. in the Chamber of Commerce board room, 414 Parkway, Denton, Texas. PRESENT: Perry McNeill, Marty Rivers, Euline Brock, Denny Aldridge, Stan Morton, Jerry Mohelnitzky, George Campbell and Chuck Carpenter STAFF PRESENT: Jon Fortune, Linda Ratliff, Brian Langley, Julie Glover, Michelle Cunningham, Christina Davis, Karen Dickson, and Patti Temple, ABSENT: Gretchen Bataille GUESTS: Jay Thomas – Thomas Heritage Homes, Rodney Buckwalter and John Bibeault – Josten’s 1. Received a report, held a discussion and made a recommendation to the City Council regarding a Downtown Incentive Reimbursement Grant Application for 215 E. Mulberry Street Glover gave a brief history on the project and the Downtown Incentive Reimbursement Grant program. Rivers stated that as a 2.6 million dollar project, reimbursement is a very small portion of the cost. This is a really great project which fits perfectly into the downtown master plan. Morton motioned that the Board recommend to the City Council approval of the application for 215 E Mulberry Street, in the amount of $25,000 to help defray infrastructure costs for electric, water and sewer. The motion was seconded by Aldridge and carried unanimously (6-0). AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008 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 Parks Foundation to assist with preparation for the 2008 Cinco de Mayo Celebration; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $800 ( Mayor Perry McNeill, $200; Mayor Pro Tem Pete Kamp, $100; Deputy Mayor Pro Tem Mulroy, $200; Council Member Heggins, $100; Council ) from Council Contingency Member Jack Thomson, $100; Council Member Chris Watts, $100 Funds. Key provisions of the agreement include: Funds shall be used by the Denton Parks Foundation to assist with the costs of entertainment, decorations, promotions and/or children’s activities for the Cinco de Mayo Celebration. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008 DEPARTMENT: General Government CM/DCM/ACM: George Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Hillco Partners for consulting services relating to legislative representation at the Texas State government level and to assist the City in advancing its state legislative program and interests with key legislators and policy administrators; authorizing the expenditure of funds not exceeding eighty-one thousand dollars ($81,000) annually; and providing an effective date. BACKGROUND: On October 3, 2006, City Council adopted a resolution approving the City of Denton’s 2007 State Legislative Program. The City Council directed staff to seek proposals from qualified providers of professional services to assist the City in advancing its State Legislative Program, assist council and staff in addressing proposed legislation, and make the City aware of any legislative or administrative initiatives believed to be detrimental to the interests of the City. On February 6, 2007, The City Council adopted an ordinance authorizing the City Manager to enter into an agreement for professional services to assist the City of Denton in advancing its State Legislative Program. On February 22, 2007, the City entered into a professional services agreement with Hillco partners for legislative representation at the Texas State Government level, to assist the City in advancing its State Legislative Program, assist council and staff in addressing proposed legislation, make the City aware of any legislative or administrative initiatives believed to be detrimental to the interests of the City, augment the City’s existing relationship with key legislators and policy administrators, and maintain a high level of effective advocacy with the legislative and executive branches of the state government. The agreement was for $78,000 annually, with option to renew the same terms and fee structure for a second year. The agreement stated that the City was not be responsible for any additional expenses incurred by HillCo Partners, with the exception of travel costs requested and authorized by the City. Staff has estimated that those expenses should not exceed $3,000, thus the total agreement is not to exceed $81,000. th During the 80 Session of the Texas Legislature, Hillco Partners assisted on a variety of legislative issues that would have directly impacted the City of Denton. A number of the items were of a general municipal nature and would have had a statewide impact on all cities. The general issues included vigorous opposition to proposals that would have eroded local control over the City of Denton’s budgeting process. These proposals included numerous variations of appraisal and revenue caps that would have had a tremendous negative impact on the City of Denton’s budget. ADA/EOE/ADEA www.cityofdenton.com (TDD 800-735-2989) Feb. 19, 2008 Professional Services Agreement for Hillco Partners Page 2 of 3 In addition to the host of general city issues that Hillco Partners assisted the City of Denton on, they also worked on a number of Denton specific issues. Probably the most notable from last session was their efforts to ensure that transit projects, such as the SH 121 CDA, were protected and exempted from any CDA moratorium legislation. During the later part of the legislative session Hillco Partners was called upon by the City to work closely with the Denton County Transportation Authority (DCTA) to ensure that provisions contained in HB 1892 did not have a negative impact on Denton. Hillco Partners also worked on the City’s behalf to attempt to seek passage of the Regional Transit Initiative (RTI) proposal, an exemption of a locally authorized portion of the state sales tax cap that could be dedicated to public transit. Despite the fact that this proposal was not passed into law, significant gains were made and a stronger recognition of the importance of the issue was gained by the legislature. Hillco Partners also assisted the City in opposing a number of measures that would have had a direct fiscal impact on the City of Denton. For example, Hillco Partners helped coordinate opposition to the sales tax holiday for textbooks bills that could have cost approximately $1,620,000 in annual sales tax revenue loss for the City. Their targeted opposition was important because the issue did not have a significant direct impact on many cities, therefore the City of Denton’s opposition was key in defeating the measure. Another key example of Hillco Partners efforts was the successful opposition to HB 3779 that could have had an approximately $1,912,000 negative impact to our beneficial reuse (Dyno Products) operations. The City of Denton at the guidance of Hillco Partners defeated this measure even though it was authored by the Chairman of the committee to which the bill was referred. Hillco Partners also engaged on several other issues on behalf of the City of Denton including: land use bills affecting our authority to annex or to control development in our ETJ, Billboards, Eminent Domain, Drainage Fees, Parks Funding, Public Safety and Personnel issues. st The House and Senate have both recently released their interim study charges for the 81 Session and some of their study topics directly impact cities including the City of Denton. As part of their efforts on behalf of the City of Denton, Hillco Partners will actively engage and monitor the proceedings of the interim study hearings process. Hillco Partners goal with this process will be to position the City of Denton to be successful in implementing our adopted legislative agenda and defeating any detrimental proposals that may arise from the interim committees’ efforts. During the course of 2008, Hillco Partners will assist the City in formulating and drafting the st City’s State Legislative Program that will be implemented during the 81 Legislative Session, which convenes in January 2009. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commission): August 7, 2006, City Council Special Called Work Session September 26, 2006, City Council Special Called Work Session October 3, 2006, City Council Regular Meeting (TDD 800-735-2989) ADA/EOE/ADEA www.cityofdenton.com Feb. 19, 2008 Professional Services Agreement for Hillco Partners Page 3 of 3 February 6, 2007, City Council Work Session February 6, 2007, City Council Regular Meeting FISCAL INFORMATION: Contracted Respectfully submitted: George Campbell City Manager Prepared by: John Cabrales Jr. Public Information/Intergovernmental Relations Officer (TDD 800-735-2989) ADA/EOE/ADEA www.cityofdenton.com AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008 DEPARTMENT: Planning and Development ACM: Fred Greene, 349-8351 SUBJECT - Z07-0025 (Denton West) Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 54.25 acres of land from Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The subject property is located on the west side of Teasley Lane north of Ryan Road. The Planning and Zoning Commission recommends approval of this rezoning request 6-0. BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX The purpose of the rezoning request is to allow for greater density of uses than what is allowed by the existing zoning. The overlay is to delineate the proper land uses to the appropriate locations within the site. Currently the property commonly known as Denton West Manufactured Home Community, consist of approximately 307 mobile home lots, a ranch house, an office building, a laundry facility and two pools. The proposed rezoning includes an overlay district containing the following restrictions and conditions: Only 50 percent of the property will be developed as commercial retail; and No multi-family dwellings are permitted along the front portion of the property along Teasley Lane as shown in Exhibit B of the Ordinance. According to the applicant, the property operated as a mobile home community in the City of -territorial Jurisdiction (ETJ). It was eventually annexed into the City in 1975 and zoned Agricultural. Following the annexation the applicant was approved a Specific Use Permit (SUP) to allow a mobile home community. If rezoned, the property owner will commence the removal of the manufactured homes from the property starting with lots located along Teasley Lane. It is most likely that the front portion of the property will be developed first in concert with the widening of Teasley Lane. According to TxDOT, the Teasley Lane widening project is scheduled to start in 2012 and is scheduled to be completed in 2015. According to the property owner, the existing manufactured home owners of Denton West will be given the opportunity to relocate to Lakeview Estates across Teasley Lane, a manufactured home community owned by the property owner. On January 17, 2008, the applicant met with nearby property owners at Sam Houston Elementary. There were approximately 30 property owners that attended the meeting. Some of the main concerns expressed by some of the property owners were; increase traffic on Teasley Lane, the potential for multi-family, the potential for drive-through facilities, and increase crime. Public notification information is provided in Exhibit 6. As of this writing, staff has received three responses from property owners within 200 feet of the subject property. Two of the property owners are in opposition and one is in favor of the rezoning request. PRIOR ACTION/REVIEW No prior action/review. 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 rezoning request 6-0. EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Land Use Map 6. Notification Information 7. Site Photographs 8. Letter From Applicant 9. Responses to Public Hearing Notice 10. Ordinance 11. Planning and Zoning Commission Public Hearing Minutes Prepared by: Ron Menguita Planner III Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: Z07-0025 DATE TO BE CONSIDERED: February 19, 2008 LOCATION: West of Teasley Lane and north of Ryan Road APPLICANT: Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 OWNER: Lakewood West Joint Venture 73939 Teasley Lane Denton, TX 76210 REQUEST: Consider adoption of an ordinance regarding the rezoning of approximately 54.25 acres of land from Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of this rezoning request 6-0. Existing Land Use/Infill COMPREHENSIVE The subject site is located within an Compatibility PLAN DESIGNATION: future land use designation. Within established residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. SITE AND The property is currently developed with approximately 307 mobile SURROUNDINGS: home lots (approximately 200 lots are occupied by manufactured homes), a ranch house, an office building, a laundry facility and two pools. North: Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12) Agricultural use South: Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) Hickory Creek Heights subdivision and Agricultural use East: Neighborhood Residential 4 (NR-4) and Neighborhood Residential Mixed Use 12 (NRMU-12) Summit Oaks residential subdivision West: Neighborhood Residential 2 (NR-2) Single-family residential units BACKGROUND The purpose of the rezoning request is to allow for greater density of INFORMATION: uses than what is allowed by the existing zoning. The overlay is to delineate the proper land uses to the appropriate locations within the site. On January 17, 2008, the applicant met with nearby property owners at Sam Houston Elementary. Some of the main concerns expressed by some of the property owners were; increase traffic on Teasley Lane, the potential for multi-family, the potential for drive-through facilities, and increase crime. In response to the concerns expressed by property owners the applicant is proposing an overlay district containing the following restrictions and conditions: Only 50 percent of the property will be developed as commercial retail; and No multi-family dwellings are permitted along the front portion of the property along Teasley Lane as shown in Exhibit B of the Ordinance. The subject property is generally surrounded by agricultural uses to the north, Hickory Creek Heights residential subdivision to the south, Summit Oaks residential subdivision to the east, and residential units to the west. Abutting the property on the northwest corner of Teasley Lane and Ryan Road is a gas station, see Exhibit 2. Since 2003, the Planning Department has processed 14 rezoning cases along Teasley Lane between Lillian Miller and Old Alton Road. Twelve of those cases have resulted in the rezoning of parcels to NRMU. With the increasing population density and the lack of commercial development south of I-35 the need for commercial development has increased along this corridor. Currently, located along this corridor are offices, commercial retail, banks, and drive- through facilities. With the recent rezoning of parcels to NRMU and the future widening of Teasley Lane, more commercial development along this corridor is most likely to occur. ANALYSIS: Comprehensive Plan The proposed NRMU zoning district is consistent with the Analysis: comprehensive plan designation of Existing Land Use/Infill Compatibility. Development The proposed NRMU zoning change would allow for the Code/Zoning Analysis: development of commercial retail and office use. The following table highlights the uses permitted between the NR-2 and NRMU zoning districts. Retail Sales and Services and Professional Services and Offices are not permitted uses in the NR-2, but are permitted in the NRMU with a limitation that uses are no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. Î»·¼»²¬·¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÒÎóî ÒÎÓË Single Family Dwellings P N SUP Accessory Dwelling Units N L(1) Attached Single Family Dwellings N L(40) Dwellings Above Businesses N P Live/Work Units N P Group Homes N SUP SUP Multi-Family Dwellings N L(4) Manufactured Housing Developments SUP N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Ý±³³»®½·¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÒÎóî ÒÎÓË Hotels N P Bed and Breakfast N P Retail Sales and Service N L(17) Restaurant or Private Club N L(11) Drive-through Facility N SUP Professional Services and Offices N L(17) Quick Vehicle Servicing N SUP Laundry Facilities N P Equestrian Facilities SUP N Outdoor Recreation P SUP Administrative or Research Facilities N L(14) Broadcasting of Production Studio N L(14) Temporary Uses L(38) L(38) ×²¼«¬®·¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÒÎóî ÒÎÓË N L(21) Bakeries L(37) N Kennels L(14) P Veterinary Clinics SUP Gas Wells L(27) L(27) ×²¬·¬«¬·±²¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÒÎóî ÒÎÓË Community Service N P Semi-public, Halls, Clubs, and Lodges SUP P Business / Trade School N L(14) Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P High School N SUP Elderly Housing N P Medical Centers N P Limitations: L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(4) = Multi-Family is permitted only: 1. With a Specific Use Permit: or 2. As part of a Mixed-use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi- family use within one year prior to the effective date of Ordinance No. 2005-224; or 5. If allow by a City Council approved neighborhood (small area) plan. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(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. L (40) =Limited to a maximum 12 units per acre. General regulations of the Neighborhood Residential land use zone are contained in the table below: The following limits apply to subdivision of 2 acres or less: Ù»²»®¿´ Î»¹«´¿¬·±² ÒÎóî ÒÎÓË Minimum lot area (square feet) 16,000 2,500 Minimum lot width 80 feet 20 feet Minimum lot depth 100 feet 50 feet Minimum front yard setback 20 feet None Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet None Minimum rear yard 10 feet None The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: Ù»²»®¿´ Î»¹«´¿¬·±² ÒÎóî ÒÎÓË Maximum density, dwelling units per acre 2 30 Minimum side yard for non-attached buildings 10 feet 12 feet The following limits apply to all buildings: Ù»²»®¿´ Î»¹«´¿¬·±² ÒÎóî ÒÎÓË Maximum lot coverage 30% 80% Minimum landscaped area 70% 20% Maximum building height 40 feet 65 feet 10 ft plus 1 foot for each 20 ft plus 1 foot for each Minimum yard when abutting a foot of building height foot of building height single-family use or district above 20 ft above 20 ft Landscape and Tree Canopy Requirements: Ð»®½»²¬ Ð»®½»²¬ Ì®»» Ü·¬®·½¬ Ô¿²¼½¿°» ¿®»¿ Ý¿²±°§ Ý±ª»® NR-2 Neighborhood Residential 2 70% 50% Neighborhood Residential Mixed NRMU 20% 40% Use DEPARTMENT AND The Development Review Committee reviewed the rezoning request AGENCY REVIEW: and provided comments and general information. All comments have been addressed by the applicant. FINDINGS: Pursuant to Subchapter 35.3.4.B. a zoning amendment shall be issued only when the following standards are met: 1. The proposed rezoning conforms to the Future Land Use element of the Denton Plan. The proposed NRMU zoning district is consistent with the Future Land Use element of the Denton Plan. The Existing Land Use/Infill Compatibility future land use designation is described in the Denton Plan as, within established residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards. The Denton Plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. The proposed NRMU zoning district will allow commercial retail and office use along Teasley Lane. Site design standards found in Denton Development Code, Subchapter 35.13 will ensure that this proposed development will be compatible with the surrounding area as prescribed in the . Denton Plan 2. The proposed rezoning facilitates the adequate provisions of transportation, water, sewer, schools, parks, other public requirements and public convenience. The Development Review Committee reviewed the rezoning request. The subject property has not been platted. During platting of this property, further analysis on the transportation water, sewer, other public requirements and public convenience will be conducted by the Development Review Committee. EXHIBIT 2 LOCATION MAP ~_ ~ ~ ~ _ _ _ - { - - 1 ~ - _S g F e .~ t §:~r~--. • ~ - ~ ~~~' `is ~` ': ~~,T#,~N - i F g j t s ` - ~~ ~ i - ~ -~ ~ { - {''~7 ~ ~~ ~ ~ ~~ is -~ -~~ ~ ~ `: ~~ ~' t QtiA ~ NER ORD E~ ,, ~.,.. - - :~~ ~ Gy .~Q=- . HO LOW RIDGE: _ ~ ~-` F • ~ - - z'"~ -- F '% tC <s - a la .' -g r- z .3 - IL ,__ -~ ..> N CR - z , , ~ ~ ~~ s . - OFT - - .. PROJECT BOUNDARY ~ ~~~ ~ ~ ray Fi - :i ~.~._ ~ ~ ~--.Y _ - ..'~. ~.~ #S4`fdse~~ ~' 3 ~~ ~BI j ~ ~ ~o SSONE Z~i~ - -`~"z- ~ ti ~ ~ ~ ~ _ ~ V~.. -'~ ~ ~ ~' r ` t= ~" BRIAR`FOREST ='..,..~ x ; ~, i ~ _ ~ 1 I - ~- s ~ _ ~. _ ~~~TURTLE'BEND~`~ ~ c~ . i ~~~~~.^ F . ~~~~: ~-~'~"-0~: _ -- _-_ ~ ~ ~ ~~f: ~ ~ o~- -~ s -WESTfiEIMER}-=--- 4 r: ~ 7 J _'~+ ;.i t y`CY Of`a -~t0~.€ ~ F }~)~ ~~-~ -1 ~ ~' t ^r 1~~ ~ ,d;- - y. .'~ V l ~ t '14 ~ W -~' ~t ter- ~., 'A,;~'F_OtVDREN/' _ ~z SAN M/iRINO ~~-- ~ £ = ~ _ s ~° z 3~ , }~' ~ S { •---~° --'ie--I _ - 't '. ~ ~l ~`_ -Fly '!~T^v ~ ,~ G r.~ ~•' ` fir. ~ W ~ ~# -~T -~ -mss. ~z ~ :.. IO+~: ~i - -mot _~ ~-~ f ~ ~~_ ~ MIDDLE'- -~ . E ~ 3~~ . ;~ ~ ._ , _ *- - 2. `:~ t ~'~~ `-~`1~0 p_ ~' -,'}' + ~ sRt I - .,~- :~~~ Ord ~-~ ~ ~ ~~ ~ i~;'. `{~ .3 43 :. '~ r ~t _ it ~.~'~ ~~' _ C ~ ` t~ F { 3~..,,. RYAN ~4 - -. ; _ ~~ ~ ~ ~.`~~ ~r.=~ , - ~ . `~ - <~-~~~1``,~<~ , F ff S 4 1 iT-- ~_ r~ / 4 3 T ~~ ~ _ <. ems- dii~~~ ~-_ -~ --.-~~m i -;. - .. r {- i a ~ ~ ~Y. ~ ,.~ - - - j~y~KEW .~ z~- c~ - - - _ - - _ N y- :' . _ _ a _ ~. -.-; • _ Y.i _ _ ~~ , ¢ ~ ~ 4 _ LL€ - _ - _ ~-- _ _ ~ U ~: WILD,WOOD ~ - ~ ~ °v - _. ~, _ _ #'..~- { ~ - s ~ ~ i~ { ~ i t' r ROBIIVSON~• `~ _ _ ~,~`~'MIRAND'AiPLA`CE"`L''~. ~' ~. _ ~ ~ ~f- t.`. .: _ ~ '- _ s.:- -~ - - r ;-~ f--=-- - _ - i.f - ~ .f .-~ , 3 ~ r ~ t'r ~~ _ z t :; ,;~ ~~ :- r• r- "-f- -"''- ' ~ - Lit :'~,a "• .a~7 ,_ `+r ~ I Location Map v ~ Y: ~:.L' W V EXHIBIT 3 ZONING MAP ®~5 ~~~~ ~~~~ _ P~ ~ : ~ g _2 ~ ~ ~ Zoning Map ~4~-1 }++ / /~~} ~~" SfV~i / ~ ~C•~ ~JC•~ €C•E t.. $$:~. - . ti?-a C.t,~-E ~p r ?_~_ tiR 5 r CP-1 ~~C; • fi.y,. t~ .~ ~-~ G 2fh3 ~ oip~ EXHIBIT 4 PROPOSED ZONIlVG MAP 1.l(sFiV1) F.C ~ D~?-? ~i-G ray-~ ~~~ D^~s ~T`~ ~c~ -z~~.~ PiR-L GF~ - 1'D ~- t~E?i:1E11 ~ fi~P : r iv?.i:1U RCC-Pt ~TJ Proposed Zoning Map ~ - ~$Bi 0 2~U 4~J ~~ EXHIBIT 5 FUTURE LAND USE MAP "•~4y ~ ~ ~ -~ Z ~ ' i # i s f VV .• ~. ~ '1.,~ ~ . ,},,~~,,9~ 7{,+~~:., / ~pyJ7~~ ~ Q_d~.= HEREFORD ~. - e c ~ ~ ..~ ,ff/ ~~i ` '. k~~.}~,'[{~~~y.Y~~T~ t ~Ta°'°' i 3..(1.1 { ~. ~.i t ~. - , ! ~~ _~ sr~!l/~. X-~ y~..a.~`t ~y •r ~ ,~~',i`'~"""M~ ( yit '`~ ! t t --~. ~ ~ l ~p ~ ~-~*Y Y .vim-~•,W 4'F } 7 t ~~ j f~~~•'. ~ ~~`. ~ Zjr° ` ,r,.~~~ , . f ~~ Q- _ HOLLOW"`RiDGE~ 4 Wf''~ °1~,. ,.f~ta ~~, ~'~ ~ ~. 7i~~~•s i 5 K ; ~,~Y. r `: , ~ f'= ~ -`~"' C~ ~ i s'..~`t ~ . -, WESIAYAN - _ t -_ PRO,lECT B ~ ,• ~ ~~`''` ¢ ~ -~~ `_~ `.~~H{L£ROFT` .~ -~ _ . ~ ~~~~,~ _ ~~ = t;~Ezisting;Land=Use ~ ; ; ~ } t s f - - Ez{strng :Land Use : ~ ~ `~~~„s;,BRraRFOREST ~ _ . ~ { - - . TURTLE BEND_ ~ __, _~ _ { ~ ~ ,~ ; ~ ;----'p~- ~s ~ . z z .~ ~G~•.1NESTlEIMER~' ~_-_€ - d ~ •' . 4 ~ ,r ~~ fem.:., # ' ' SAN~MA~RINO: ~---~ := ~ >- 2= - ~~ ~` ~ t 3 ~ t~~ , ~W~ .; ~ ~ FOX' - , ~ 4 F \ •'S i a t 0 ; ~ ~ _ y ., . r ,r T :. - l 1 ~- -. ns.- e- ~~w-s _ - .. _ .:•._ RYAN -- - ~ - ~ , __ ~{ ._.-- - ~ "s "'q - - ~ -` ~ _ ~- Commune M{xed Use Cenier~ _ Q.'""`€ . i *:~: ~- ~'- ~ ~ - ~Exisbn -Land~Use~ {~~ ~ ` v~ ~~ Neighborhood C-enter ~~~ ~ -3{~, ~g'~ ~ ~ ~ § ~ ~ t : 3 0 4 ~ ~~~<~~. ,~•;,~~~•1~.,~~y~ROB SON --- ~` M{RANDA PL"ACE ~.~ 3 ~ REDONDO' ~ ~..-. ~ ~ €.s,.. .~ ~ ~ - future Land Use Map Feet Q 2fr~ 4~ n40 E~~IT 6 NOTIFICATION INFORMATION ;J 5:500 FOOT BUFFER TURTLE BEND a o 0 a ' ` '°' - ~ NU~rFRS 0 -SAN MARINO --~ ORFF1{ z -r-€ --f ~ - ~ 0 I `~ ~ SATE, fin ~ .~ C ~ f~ L~ tt ~ , 4 ~ }..-~-i ,~ c I #j ~ 3 S ~ ~~f'1~o ~ t Z= - .. Ot a { s ~, f '0' _ -~HEREFORQ ~~ ~Q ~ ~ ': _~ S i 4''••f ~ { ~ ~ i '1,~' ~~ ~`a" - - HOLIOW RIDGE _ r /~ v1 t Y TES ; i Y • t i ` ~~{\ ' ' ` i ~, i ~ i ` "~`8lSSONET ---- '~~`.~` . t f z , 3RIAR=fOREST~-~- E ~ t . ~ ~ ~ 8AN`FELIPE ~~~ i ~i { t ~ i f !'~-~'~ f i v €4JYESTNEIfV1ER--~ '`~t,_~ .,~ ' } ~ ~- ~' ? ° ;i,ER - ~'~~. I -FOX pG '~- ~-{•r~,~ i ~ _~_; z~ ~~ 5 - - MIDDLE-- - = o Z a ~ 1 -a' '~ ~ - J -1 ~. I --- - RYAN - - - -- _ - - -- _. --- - - - --- -_ 3 ~~ _S ; ~ ~ ~ ~ '. .'_ ./ . . ~~ I""': a ~ ` ~ D ~ `~ s ~ ~ ~ > m O ~ - ~ i ~~' x ~ ~~KE --t ~ ~ ~~ Wi00D - ~ . -"z s - - - -- - - - - - # ~ 200 FOOT BUFFER J-~ ` :1 Q ~ ~--~ s ~ ~ O r Q - € ~- { I ;-! ~ ~i INILDW,OOD -- 1 ~~~ e~ 4 z f ~ -- 3 f S (' ~ } ! F 3 z ~ t s f a€ ., ~ s MIR_ANDA PLACE .~. ' F! .~ • r i t 1 E ~ ~ £ ~ ~- i t ~ ~ ~ ~ - ~ ! ~ ~~I • ~ S / I r •1 `~ S ~ ~ ~ ~~ s ~ x ~. Q~i f ~ r ~'~ a •• ~ • i : m-°~ '~`~~ ~` Public Notification Date: 1 /9/08 200' Legal Notices* sent via Certified Mail: 35 500' Courtesy Notices sent via Regular Mail: 79 Number of responses to 200' Legal Notice ^ In Opposition: 2 ^ In Favor: 1 ^ Neutral: 0 Percent of land within 200' in opposition: Less than 24 Notification Information ~eec o ~~ 4f.~ sr~, EXHIBIT 7 SITE PHOTOGRAPHS is shown in the background. south. background. Photograph from Teasley Lane looking north. The main entrance to the community Photograph from Teasley Lane looking Photograph from Ryan Road looking east. The vehicle service station is shown in the Photograph from Ryan Road looking west. ÛÈØ×Þ×Ì è ÛÈØ×Þ×Ì ç ¡4-442/Ëª?£ª¬? Æ?£ª?£Ék±Ãô?ÃªÐÛ£?Ã ÛÈØ×Þ×Ì ïð c /~ G ~ D +` Y ~ • ~ '{. `~ /MM W _ ~ ~ -'~ ~ ~ . W r! ~ _ \~ O t • ~ - W~ oe ~ O A ~ i j + o N rAVi ~~ 10 N W. W WLL.' ~ :_~. o ~ W Q _~ . ~: -mss ÛÈØ×Þ×Ì ïï AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008 DEPARTMENT: Planning and Development ACM: Fred Greene, 349-8354 SUBJECT- Z07-0018 (Cypress Campus Apartments) Hold a public hearing and consider the adoption of an ordinance rezoning approximately 26.12 acres from a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located on the south side of McKinney Street, east of Mack Park. The Planning and Zoning Commission recommends approval of this rezoning request (6-0). BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX The applicant is requesting a zoning change from a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district on an approximately 26.12-acre tract of land in order to allow for greater density of residential uses than what is permitted by the existing zoning. The Planning and Development Department sent notices of the public hearing (Exhibit 6) to all residents within 500 feet of the subject property; as of this writing, two responses in favor of the request, and one response in opposition to the request have been received. The applicant held a neighborhood meeting on November 15, 2007 which was attended by approximately 16 members of the public. 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 (6-0). EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Land Use Map 6. Notification Information 7. Letter From Applicant 8. Site Photographs 9. Responses to Public Notification 10. Minutes from the January 9, 2008 Planning and Zoning Commission Meeting 11. Petition regarding tree removal on this site 12. Ordinance Prepared by: Jane Gurney, Associate Planner Respectfully submitted: Mark Cunningham, AICP Director, Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: Z07-0018 DATE TO BE CONSIDERED: February 19, 2008 LOCATION: The subject property is located on the south side of McKinney Street; Mack Park is directly adjacent to the subject property on the west side. Spring Brook Planning Group APPLICANT: 2405 Mustang Drive Grapevine, TX 76051 G.R. Vela and Terrano Realty Inc. OWNERS: 729 Ridgecrest Cir. 1303 Campbell Road Denton, TX 76205 Houston, TX 77055 Rezone approximately 26.12 acres from a Neighborhood Residential REQUEST: Mixed Use 12 (NRMU-12) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The Planning and Zoning Commission recommends approval of this RECOMMENDATION: rezoning request (6-0). Neighborhood Center COMPREHENSIVE PLAN DESIGNATION: The subject property is undeveloped, and it is located on the south SITE AND SURROUNDINGS: side of McKinney Street, directly to the east of Mack Park. Fountains of Denton, Summerwind Addition; NR-4, NRMU-12, North: NRMU Undeveloped land; NR-4 South: Undeveloped land; NRMU-12, NRMU East: Undeveloped land (Apple Creek Subdivision), Mack Park; NR-2, West: CM-G A neighborhood meeting was held by the applicant on November 15, BACKGROUND INFORMATION: 2007. Approximately 16 neighbors attended the meeting, and the concerns they raised were related to increased traffic in the area, the timing of TxDOT improvements to McKinney and the timing of the construction, occupancy of the apartments, and the location of trees to be preserved. A petition was presented to City staff at a public meeting in January, 2008 regarding the tree preservation on this site. The petition is included (Exhibit 11). ANALYSIS: The property is located in an area with a future land use designation Comprehensive Plan Analysis: of Neighborhood Center. Neighborhood Centers are described by the Denton Plan as Within the undeveloped urban and urbanizing areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of neighborhood centers. These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. The center contains uses necessary to support the surrounding neighborhood. These support uses could include service-oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood greens and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. The proposed use of multifamily units, is consistent with the future land use designation of the subject property. Development Code/Zoning Analysis The requested zoning district, Neighborhood Residential Mixed Use (NRMU), is primarily a commercial zoning district which permits multifamily residential uses with an approved Specific Use Permit. Single family and duplex residential uses are not permitted uses in either the existing (NRMU-12) or proposed (NRMU) zoning districts. The existing zoning district, NRMU-12 zoning district permits multi- family residential uses, such as that proposed by the applicant; however, the maximum density allowed is 12 units per acre. The applicant is proposing to construct 14.13 units per acre. The subject property is 26.12 acres in size. The general regulations of the existing zoning district, Neighborhood Residential Mixed Use (NRMU-12), and the requested zoning district, Neighborhood Residential Mixed Use (NRMU) are presented in Table 1. The majority of uses permitted in the existing zoning district (NRMU-12) are also permitted in the requested zoning district (NRMU). Both zoning districts require a Specific Use Permit for Multi-Family Dwellings. The differences between the existing zoning district, NRMU-12, and the requested zoning district, NRMU, are summarized in Table 4. Uses that do not appear in the Table 4 are regulated in the same manner for both zoning districts. Table 1. Comparison of General Regulations of the NRMU-12 and NRMU zoning districts NRMU-12 NRMU ùª?±ÆÐk±?Ã£ª Minimum lot area (square feet) 3,500 2,500 Minimum lot width 30 feet 20 feet Minimum lot depth 80 feet 50 feet Minimum front yard setback 10 feet None Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a 10 feet None street Minimum rear yard 10 feet None Maximum lot coverage 60% 80% Minimum landscaped area 40% 20% Maximum building height 40 feet 65 feet 20 feet plus 1 15 feet plus 1 foot for each foot for each Minimum yard when abutting a foot of foot of building single-family use or district building height above height above 20 feet 20 feet Table 4. Comparison of permitted uses between NRMU-12 and NRMU Zoning Districts. Î»·¼»²¬·¿´ Ô¿²¼ Ë» ÒÎÓËóïî ÒÎÓË Ý¿¬»¹±®·» Single Family Dwellings P N Accessory Dwelling Units L(1) N Attached Single Family Dwellings P L(40) Duplexes P N SUP Multi-Family Dwellings L(4) L(4) Ý±³³»®½·¿´ Ô¿²¼ Ë» ÒÎÓËóïî ÒÎÓË Ý¿¬»¹±®·» Hotels N P Bed and Breakfast L(10) P Retail Sales and Service L(15) L(17) Restaurant or Private Club N L(11) Drive-through Facility N SUP Professional Services and Offices L(14) L(17) Quick Vehicle Servicing N SUP Administrative or Research Facilities N L(14) Broadcasting of Production Studio N L(14) ×²¼«¬®·¿´ Ô¿²¼ Ë» ÒÎÓËóïî ÒÎÓË Ý¿¬»¹±®·» Bakeries N L(21) Veterinary Clinics N P Semi-public Halls, Clubs, and Lodges L(15) P Business / Trade School N L(14) High School N SUP Elderly Housing L(13) P Medical Centers N P Table Legend: P Permitted N Not permitted SUP Specific Use Permit L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off- street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(4) = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. L(8) = s are permitted provided that: 1. The business owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. 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 4. That the number of accommodation units allowed shall be proportional to t accommodation unit shall be counted as 0.6 units for the purpose of 5. 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. 6. will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi- Public Halls, Clubs and Lodges. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L (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 (40) =Limited to a maximum 12 units per acre. 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 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. Water and wastewater service are available to the subject property. If the property is developed, the developer would be required to contribute to road and sidewalk construction along the property frontage. The applicant has also stated their intent to construct an extension of Mack Place along the western boundary of their property, adjacent to Mack Park. EXHIBIT 2 LOCATION MAP EXHIBIT 3 EXISTING ZONIlVG MAP EXHIBIT 4 PROPOSED ZONIlVG MAP EXHIBIT 5 FUTURE LAND USE MAP .: ., t t t e ~ .~ ~ ~ ` F - ~ h Jt//`~ ~;.~ i ~~- ~l `-e a Yk S s '7` • aye ~: _ ~a ~ s S }~ ~ ~ s `~-l s ~?. ~~ '(Si j ~ ~ ;mot' t,1 y ,~ ,~ -t '1 , _y \R` 1 4 y ~'S ,; S '.~~t •~_~. 9, ' ~ " , lYy~ t -~ :. / y h 'iii t;~' ~ t.. 'G ~ ; ~ ~.+• :, ~ * s..~.r : ~.. (() ..`-may ~. ~ y~ • / ~ 'q~+ } t; ~ \ ~ w fi } '~ t !~ ~ ~ i - C _ :451 \ 1 1 'L k } ~ ~ ~4 C ~ ~ } F _ `1 5`i ~ ~t "\ .~.\ SX ! i C 4 3 - y. ti- i ,4- e~ >` a * ';S __~ " •t, ~ _ _ (s 'c `-`± Yr ~ ,x 1 ''~ ~ a ~ ...,} i'7 •~' • ~'k,~~ =~ s'- _ F t i 4 \ ~'v # ~ a / 4 r ~ -v k .1 k ,. - ~ b . s ",.,~ ~T ,~'a ~ ti i ''~¢, L ~ -. - • +?`,., }' x v ~` ~~. ";, ,~ ~ s~~1 " ~ I ~ : 4 ~ ~ ~'~ 1 .. ~ ! :a ~ N~ s - ` $ t'~- \ x ~.s 3 yt ~ ,; q t''ti f t z 3 `j " z .. tii_ ti q - - ~-Y i - -• L.--~ ,~ ra\a~5 - ~ -~.J~ ~ ~ ~ :: t _ _.x s..'x ~ t•_~ ~t~y ~.~L - s,.'_ ~ 3. ~ ~ -._ ~ ~ . ~~ ~ , ~~ :x-~ s i_n = ~~ ~ LL rat ~ ~~ ~ ~3 .~ , A . - '1 S 3 ~ l ~F 1 ~ 4 _ ~'~,• 3- • 4~=2 ~ -~~ ;{~:~ 'sr x'6"x, '4yt ~4 ,` i _'~ -\'.~ a°.'•'• ti y~+e~=t ~'. ,- ~. -'~i ~ `~a yam::.. ,y ~ :: 4 y _ ~ 9 ~ } ,a x c k } as '4'q i 'l 'i. t : ~',y L ', t+ r~ ~.. v ~ ~. ~, . _ _ _ - ~~ i X11 e :,, ~: ',~-;.~s !~~ x. -*~,_ ~ ~ ~ .Y,r ~ ~ a ~;~~ ~- k ~ ~v t F~ _`-R ci ; '~ s ~, i >. '3f. ` y ~•. "'~ ~x ~-. x ,, ~, ~ ~ ~ yi ~ ~r_~ t ~y ~'~ ~, _ t ~ +~~~~ t. 3 s ~1, ~ ; S~ ~ `~~ E '~ :x ax•- ~~;.-- x _ 1-.- s ~ s •~?~. r"-. ', ~ .ti `"3 ~ ~ ~ ~ , ~x x s .~..a.:.",. ~' 3 ~ti= s r ~ ~- L 'i 'i t y. Y L~'@ • •, ~ } - 1 "''t 3 ~ ~ z' ,:, 3 s. ~ s.'; '? ~'Si ~' __ i .. x 4 y ~ - EES _ __ _ _ _ ~ - - ~ e. v , ~ ~ ~ - 3 .. x 4 r., _ i ~ i -- ~~- - - 'ice ti i, - ~ p- : t _ _ ~- _. ~. - _ - .. /' _ ~ - _ _ - - _ _ _- .:. _ _ ~, - .. _ - f .' _ _ - _ -- - - - _ _ - - - - _-- - • __ __.~_.-_ .-._ Nei _ ~ _ _ _. _ . = -- _ . - -. : - - ~ ter = -_ - _ . _ - - ..a~ : ~_: __. ~ .: - - -~ en _ _ ~._~_ __ _ w . - F g~~M~xe~~rUs~ . __ .- -_ _ ._- - -:~ - - _ ~~e=nt-e~r= -_ _ - -: - _ _- - _ _ - - -- EXHIBIT 6 NOTIFICATION INFORMATION - L fit`') f; ~ ~ ; ` ~ '~} ~ `. 4 ~F ,~~ ~ € ~ ~. .~ ~~ ~ ~ ~1 -~~ ~ ~ ~~ ~~ ` F - -. l ~ f ~ _ ~ -_ U --- - . ~~ .j~ - ~~ ~ .~, F _ t -~ ~ ~'- ~S• ~ ~{r''~' f' _r ,fit . ~ } - ~ 1. ~ ~; ~r ,~~~.~',. `~3'r - ,, %'~, ,~ t ,e f ,f f r ,i a~` ~ ~,' ~' _ - r r ~ ~ ~~ 'f fir ~ ~ s `d .~ ~ ~l E Pty l! ~ d ~` ~~~ d ~~ ~,r J~ ~ :f {'f ~ ~,~f ~ I f *t~ ~'" E Jr jtr/'~~, ~. ~ ~ ~r'~-.~ ~/ - p P_ ~~ f ~.i~ •.~ it / ~ 3 _~ f ~ v ! f Felt ~' /~J 't# ~ f ~ ~f s~/ 'F_,aais'~+ ~~sss. t~w~.x~.~tt '~1-- .~;. ~ - S `s S X00 Foot Notification tfmit ~- - ,~ .> A-~ In Favor `.; r~ - - 500 Foot Notification .limit -~ - N- in flp~osition ~ Public Notification Date: December 2, 2007 200' Legal Notices* sent via Certified Mail: 45 Number of responses to 200' Legal Notice: ^ In Opposition: 1 ^ In Favor: 2 ^ Neutral: 0 * - A copy of the notlficah'on list is available at City 8a11 West, ZZI N. Elm Street, Denton, TX EXHIBIT 7 LETTER FROM APPLICANT EXHIBIT 8 SITE PHOTOGRAPHS View of Subject Property from McKinney Street. View of neighboring properties on north side of McKinney Street. EXHIBIT 9 RESPONSE TO NOTICE OF PUBLIC HEARING ÷äôóúóè ÷äôóúóè ì÷èóèóíîê÷õûêøóîõèê÷÷ê÷ïíæûð AGENDA INFORMATION SHEET AGENDA DATE: Ú»¾®«¿®§ ïçô îððè DEPARTMENT: Ð´¿²²·²¹ ¿²¼ Ü»ª»´±°³»²¬ ACM: Ú®»¼ Ù®»»²»ô íìçóèíëì SUBJECT- S07-0010(Cypress Campus Apartments) Ø±´¼ ¿ °«¾´·½ ¸»¿®·²¹ ¿²¼ ½±²·¼»® ¬¸» ¿¼±°¬·±² ±º ¿² ±®¼·²¿²½» ®»¹¿®¼·²¹ ¿ Í°»½·º·½ Ë» Ð»®³·¬ ¬± ¿´´±© ¿ ³«´¬·º¿³·´§ ¼»ª»´±°³»²¬ ·² ¿ Ò»·¹¸¾±®¸±±¼ Î»·¼»²¬·¿´ Ó·¨»¼ Ë» øÒÎÓË÷ ¦±²·²¹ ¼·¬®·½¬ò Ì¸» ¿°°®±¨·³¿¬»´§ îêòïîó¿½®» °®±°»®¬§ · ´±½¿¬»¼ ±² ¬¸» ±«¬¸ ·¼» ±º Ó½Õ·²²»§ Í¬®»»¬ô »¿¬ ±º Ó¿½µ Ð¿®µò Ì¸» Ð´¿²²·²¹ ¿²¼ Æ±²·²¹ Ý±³³··±² ®»½±³³»²¼ ¿°°®±ª¿´ ±º ¬¸· Í°»½·º·½ Ë» Ð»®³·¬ ©·¬¸ ½±²¼·¬·±² øêóð÷ò BACKGROUND ß°°´·½¿²¬æ Í°®·²¹ Þ®±±µ Ð´¿²²·²¹ Ù®±«° Ù®¿°»ª·²»ô ÌÈ Ì¸» ¿°°´·½¿²¬ · ®»¯«»¬·²¹ ¿ Í°»½·º·½ Ë» Ð»®³·¬ ¬± ¿´´±© ¿ ³«´¬·º¿³·´§ ¼»ª»´±°³»²¬ ±² ¿² ¿°°®±¨·³¿¬»´§ îêòïîó¿½®» ¬®¿½¬ ±º ´¿²¼ ·² ¿ Ò»·¹¸¾±®¸±±¼ Î»·¼»²¬·¿´ Ó·¨»¼ Ë» øÒÎÓË÷ ¦±²·²¹ ¼·¬®·½¬ò Ì¸» «¾¶»½¬ °®±°»®¬§ · ½«®®»²¬´§ ©·¬¸·² ¿ Ò»·¹¸¾±®¸±±¼ Î»·¼»²¬·¿´ Ó·¨»¼ Ë» ïî øÒÎÓËóïî÷ ¦±²·²¹ ¼·¬®·½¬ô ¾«¬ ¿ ¦±²·²¹ ½¸¿²¹» ®»¯«»¬ · ¾»·²¹ ½±²·¼»®»¼ ·² ¿² ¿±½·¿¬»¼ ½¿» øÆðéóððïè÷ò Ì¸» Ð´¿²²·²¹ ¿²¼ Ü»ª»´±°³»²¬ Ü»°¿®¬³»²¬ »²¬ ²±¬·½» ±º ¬¸» °«¾´·½ ¸»¿®·²¹ øÛ¨¸·¾·¬ ê÷ ¬± ¿´´ ®»·¼»²¬ ©·¬¸·² ëðð º»»¬ ±º ¬¸» «¾¶»½¬ °®±°»®¬§ò ß ±º ¬¸· ©®·¬·²¹ô ¬¸®»» ®»°±²» ¬± ¬¸» ²±¬·½» ±º °«¾´·½ ¸»¿®·²¹ ¸¿ª» ¾»»² ®»½»·ª»¼å ¬©± ·² º¿ª±® ¿²¼ ±²» ±°°±»¼ò Ì¸» ¿°°´·½¿²¬ ¸»´¼ ¿ ²»·¹¸¾±®¸±±¼ ³»»¬·²¹ ±² Ò±ª»³¾»® ïëô îððé ©¸·½¸ ©¿ ¿¬¬»²¼»¼ ¾§ ¿°°®±¨·³¿¬»´§ ïê ³»³¾»® ±º ¬¸» °«¾´·½ò ß °»¬·¬·±² ¸¿ ¾»»² °®»»²¬»¼ ¬± Ý·¬§ ¬¿ºº ®»¹¿®¼·²¹ ¬¸» ®»³±ª¿´ ±º ¬®»» ±² ¬¸· °®±°»®¬§ò OPTIONS ïòß°°®±ª» ¿ «¾³·¬¬»¼ò îòß°°®±ª» ©·¬¸ Ý±²¼·¬·±²ò íòÜ»²§ò ìòÐ±¬°±²» ½±²·¼»®¿¬·±²ò ëòÌ¿¾´» ·¬»³ò RECOMMENDATION Ì¸» Ð´¿²²·²¹ ¿²¼ Æ±²·²¹ Ý±³³··±² ®»½±³³»²¼ ¿°°®±ª¿´ ±º ¬¸· Í°»½·º·½ Ë» Ð»®³·¬ øêóð÷ ©·¬¸ ¬¸» º±´´±©·²¹ ½±²¼·¬·±²æ ïò Ì¸» ¼»²·¬§ ±º ¬¸» ¼»ª»´±°³»²¬ ¸¿´´ ²±¬ »¨½»»¼ ïìòïí «²·¬ °»® ¿½®»å ¿²¼ îò Ì¸» ¼»ª»´±°³»²¬ ©·´´ ½±²º±®³ ¬± ¬¸» ¿¬¬¿½¸»¼ ·¬» °´¿²ô ·²½´«¼·²¹ ¬¸» ¿®®¿²¹»³»²¬ ±º ¾«·´¼·²¹ô °¿®µ·²¹ ¿®»¿ ¿²¼ ¬®»» °®»»®ª¿¬·±² ¿®»¿ô ¿ ©»´´ ¿ ¬¸» ¾«·´¼·²¹ »´»ª¿¬·±²ô «²·¬ ²«³¾»®ô ¿²¼ °¿®µ·²¹ °¿½»å ¿²¼ íò ß Ì®¿ºº·½ ×³°¿½¬ ß²¿´§· ¾» ½±³°´»¬»¼ ¿²¼ ¿½½»°¬»¼ ¾§ ¬¸» Ý·¬§ Û²¹·²»»®·²¹ Ü»°¿®¬³»²¬ô ¿²¼ ¬¸¿¬ ¬¸» º·²¼·²¹ ±º ¬¸· ¿²¿´§· ¾» ·³°´»³»²¬»¼ ¿²¼ ·²½±®°±®¿¬»¼ ·²¬± ¬¸» ¼»ª»´±°³»²¬ °®·±® ¬± ¿°°®±ª¿´ ±º ¬¸» º·²¿´ °´¿¬å ¿²¼ ìò ß´´ »²¹·²»»®·²¹ ®»¯«·®»³»²¬ º±® ·¬» ¼»ª»´±°³»²¬ô ·²½´«¼·²¹ ¼®¿·²¿¹»ô ¿®» ¿¬·º·»¼ò EXHIBITS ïòÍ¬¿ºº ß²¿´§· îòÔ±½¿¬·±² Ó¿° íòÛ¨·¬·²¹ Æ±²·²¹ Ó¿° ìòÐ®±°±»¼ Æ±²·²¹ Ó¿° ëòÚ«¬«®» Ô¿²¼ Ë» Ó¿° êòÒ±¬·º·½¿¬·±² ×²º±®³¿¬·±² éòÔ»¬¬»® Ú®±³ ß°°´·½¿²¬ èòÍ·¬» Ð´¿² çòÞ«·´¼·²¹ Û´»ª¿¬·±² ïðòÍ·¬» Ð¸±¬±¹®¿°¸ ïïòÎ»°±²» ¬± Ð«¾´·½ Ò±¬·º·½¿¬·±² ïîòÓ·²«¬» º®±³ ¬¸» Ð´¿²²·²¹ ¿²¼ Æ±²·²¹ Ý±³³··±² Ó»»¬·²¹ ±º Ö¿²«¿®§ çô îððèò ïíòÌ®»» Ð®»»®ª¿¬·±² Ð»¬·¬·±² ïìòÑ®¼·²¿²½» Ð®»°¿®»¼ ¾§æ Ö¿²» Ù«®²»§ô Ð´¿²²»® × Î»°»½¬º«´´§ «¾³·¬¬»¼æ Ó¿®µ Ý«²²·²¹¸¿³ô ß×ÝÐ Ü·®»½¬±®ô Ð´¿²²·²¹ ¿²¼ Ü»ª»´±°³»²¬ EXHIBIT 1 ÐÔßÒÒ×ÒÙ ú ÜÛÊÛÔÑÐÓÛÒÌ STAFF ANALYSIS CASE NO.:DATE TO BE CONSIDERED: Íðéóððïð Ú»¾®«¿®§ ïçô îððè LOCATION: Ì¸» «¾¶»½¬ °®±°»®¬§ · ´±½¿¬»¼ ±² ¬¸» ±«¬¸ ·¼» ±º Ó½Õ·²²»§ Í¬®»»¬ò Ó¿½µ Ð¿®µ · ¼·®»½¬´§ ¿¼¶¿½»²¬ ¬± ¬¸» «¾¶»½¬ °®±°»®¬§ ±² ¬¸» ©»¬ ·¼»ò APPLICANT:Í°®·²¹ Þ®±±µ Ð´¿²²·²¹ Ù®±«° îìðë Ó«¬¿²¹ Ü®·ª» Ù®¿°»ª·²»ô ÌÈ éêðëï OWNERS:ÙòÎò Ê»´¿ ¿²¼ Ì»®®¿²± Î»¿´¬§ ×²½ò éîç Î·¼¹»½®»¬ Ý·®ò ïíðí Ý¿³°¾»´´ Î±¿¼ Ü»²¬±²ô ÌÈ éêîðë Ø±«¬±²ô ÌÈ ééðëë REQUEST:ß Í°»½·º·½ Ë» Ð»®³·¬ ¬± ¿´´±© ³«´¬·º¿³·´§ ¼»ª»´±°³»²¬ ±² ¿°°®±¨·³¿¬»´§ îêòïî ¿½®» ·² ¿ Ò»·¹¸¾±®¸±±¼ Î»·¼»²¬·¿´ Ó·¨»¼ Ë» øÒÎÓË÷ ¦±²·²¹ ¼·¬®·½¬ò RECOMMENDATION:Ì¸» Ð´¿²²·²¹ ¿²¼ Æ±²·²¹ Ý±³³··±² ®»½±³³»²¼ ¿°°®±ª¿´ øêóð÷ ±º ¬¸· Í°»½·º·½ Ë» Ð»®³·¬ ®»¯«»¬ô °®±ª·¼»¼ ¬¸» º±´´±©·²¹ ½±²¼·¬·±² ¿®» ¿¬·º·»¼æ ïò Ì¸» ¼»²·¬§ ±º ¬¸» ¼»ª»´±°³»²¬ ¸¿´´ ²±¬ »¨½»»¼ ïìòïí «²·¬ °»® ¿½®»å ¿²¼ îò Ì¸» ¼»ª»´±°³»²¬ ©·´´ ½±²º±®³ ¬± ¬¸» ¿¬¬¿½¸»¼ ·¬» °´¿²ô ·²½´«¼·²¹ ¬¸» ¿®®¿²¹»³»²¬ ±º ¾«·´¼·²¹ô °¿®µ·²¹ ¿®»¿ ¿²¼ ¬®»» °®»»®ª¿¬·±² ¿®»¿ô ¿ ©»´´ ¿ ¬¸» ¾«·´¼·²¹ »´»ª¿¬·±²ô «²·¬ ²«³¾»®ô ¿²¼ °¿®µ·²¹ °¿½»å ¿²¼ íò ß Ì®¿ºº·½ ×³°¿½¬ ß²¿´§· ¾» ½±³°´»¬»¼ ¿²¼ ¿½½»°¬»¼ ¾§ ¬¸» Ý·¬§ Û²¹·²»»®·²¹ Ü»°¿®¬³»²¬ô ¿²¼ ¬¸¿¬ ¬¸» º·²¼·²¹ ±º ¬¸· ¿²¿´§· ¾» ·³°´»³»²¬»¼ ¿²¼ ·²½±®°±®¿¬»¼ ·²¬± ¬¸» ¼»ª»´±°³»²¬ °®·±® ¬± ¿°°®±ª¿´ ±º ¬¸» º·²¿´ °´¿¬å ¿²¼ ìò ß´´ »²¹·²»»®·²¹ ®»¯«·®»³»²¬ º±® ·¬» ¼»ª»´±°³»²¬ô ·²½´«¼·²¹ ¼®¿·²¿¹»ô ¿®» ¿¬·º·»¼ò COMPREHENSIVE Ò»·¹¸¾±®¸±±¼ Ý»²¬»® PLAN DESIGNATION: SITE AND Ì¸» «¾¶»½¬ °®±°»®¬§ · «²¼»ª»´±°»¼ô ¿²¼ ·¬ · ´±½¿¬»¼ ±² ¬¸» ±«¬¸ SURROUNDINGS: ·¼» ±º Ó½Õ·²²»§ Í¬®»»¬ô ¼·®»½¬´§ ¬± ¬¸» »¿¬ ±º Ó¿½µ Ð¿®µò North:Ú±«²¬¿·² ±º Ü»²¬±²ô Í«³³»®©·²¼ ß¼¼·¬·±²å ÒÎóìô ÒÎÓËóïîô ÒÎÓË South:Ë²¼»ª»´±°»¼ ´¿²¼å ÒÎóì East:Ë²¼»ª»´±°»¼ ´¿²¼å ÒÎÓËóïîô ÒÎÓË West:Ë²¼»ª»´±°»¼ ´¿²¼ øß°°´» Ý®»»µ Í«¾¼·ª··±²÷ô Ó¿½µ Ð¿®µå ÒÎóîô ÝÓóÙ BACKGROUND ß ²»·¹¸¾±®¸±±¼ ³»»¬·²¹ ©¿ ¸»´¼ ¾§ ¬¸» ¿°°´·½¿²¬ ±² Ò±ª»³¾»® ïëô INFORMATION: îððéò ß°°®±¨·³¿¬»´§ ïê ²»·¹¸¾±® ¿¬¬»²¼»¼ ¬¸» ³»»¬·²¹ô ¿²¼ ¬¸» ½±²½»®² ¬¸»§ ®¿·»¼ ©»®» ®»´¿¬»¼ ¬± ·²½®»¿»¼ ¬®¿ºº·½ ·² ¬¸» ¿®»¿ô ¬¸» ¬·³·²¹ ±º Ì¨ÜÑÌ ·³°®±ª»³»²¬ ¬± Ó½Õ·²²»§ ¿²¼ ¬¸» ¬·³·²¹ ±º ¬¸» ½±²¬®«½¬·±² ¿²¼ ±½½«°¿²½§ ±º ¬¸» ¿°¿®¬³»²¬ô ¬¸» ´±½¿¬·±² ±º ¬®»» ¬± ¾» °®»»®ª»¼ô ©¸± ©·´´ ±½½«°§ ¬¸» ¿°¿®¬³»²¬ò ß °»¬·¬·±² ®»¹¿®¼·²¹ ¬¸» ®»³±ª¿´ ±º ¬®»» ±² ¬¸· °®±°»®¬§ ©¿ «¾³·¬¬»¼ ¬± Ý·¬§ ¬¿ºº ¿¬ ¿ °«¾´·½ ³»»¬·²¹ ¸»´¼ º±® ¬¸» °®±°±»¼ Ì®»» Ð®»»®ª¿¬·±² ¿²¼ Ó·¬·¹¿¬·±² »½¬·±² ±º ¬¸» Ü»²¬±² Ü»ª»´±°³»²¬ Ý±¼» øÛ¨¸·¾·¬ ïí÷ò Ì¸» ¿°°´·½¿²¬ ¸¿ «¾³·¬¬»¼ ¿ ½±°§ ±º ¬¸» Ì®¿ºº·½ ×³°¿½¬ ß²¿´§· ¬¸»§ ¸¿ª» ½±³°´»¬»¼ º±® ¬¸· ·¬» ¿ ¿ ½±«®¬»§ ¬± ¬¸» Ð´¿²²·²¹ Ü»°¿®¬³»²¬ò Ì¸» Ì®¿ºº·½ ×³°¿½¬ ß²¿´§· ¸¿ ²±¬ ¾»»² ±ºº·½·¿´´§ «¾³·¬¬»¼ ±® ®»ª·»©»¼ò ANALYSIS: Comprehensive Plan Ì¸» °®±°»®¬§ · ´±½¿¬»¼ ·² ¿² ¿®»¿ ©·¬¸ ¿ º«¬«®» ´¿²¼ «» ¼»·¹²¿¬·±² Analysis: ±º Ò»·¹¸¾±®¸±±¼ Ý»²¬»®ò Ò»·¹¸¾±®¸±±¼ Ý»²¬»® ¿®» ¼»½®·¾»¼ ¾§ ¬¸» Ü»²¬±² Ð´¿² ¿ É·¬¸·² ¬¸» «²¼»ª»´±°»¼ «®¾¿² ¿²¼ «®¾¿²·¦·²¹ ¿®»¿ ±º ¬¸» ½·¬§ô ²»© ²»·¹¸¾±®¸±±¼ ³¿§ ¼»ª»´±° ·² ¬®¿¼·¬·±²¿´ °¿¬¬»®²ò Ó·¨»¼ó«» ¿²¼ ³·¨»¼ ¸±«·²¹ ¬§°» ©·´´ ¾» ¿´´±©»¼ ¬± ¼»ª»´±° ·² ¿ °¿¬¬»®² ±º ²»·¹¸¾±®¸±±¼ ½»²¬»®ò Ì¸»» ¿®» ±®·»²¬»¼ ·²©¿®¼´§ô º±½«·²¹ ±² ¬¸» ½»²¬»® ±º ¬¸» ²»·¹¸¾±®¸±±¼ò Ì¸»» ²»·¹¸¾±®¸±±¼ ©·´´ »¨»³°´·º§ ¬¸» ·²¬»®®»´¿¬·±²¸·° ¾»¬©»»² ¯«¿´·¬§ ±º ¼»ª»´±°³»²¬ô ¼»²·¬§ô »®ª·½» ¿²¼ °®±ª··±² º±® ¿¼»¯«¿¬» º¿½·´·¬·»ò Ì¸»» ¼»ª»´±°³»²¬ ¸±«´¼ ´±½¿¬» ¬¸» ½»²¬»® ±º ¬¸» ²»·¹¸¾±®¸±±¼ ©·¬¸·² ¿ º·ª» ¬± ¬»² ³·²«¬» ©¿´µ·²¹ ¼·¬¿²½» º®±³ ¬¸» »¼¹» ±º ¬¸» ²»·¹¸¾±®¸±±¼ò Ì¸» ½»²¬»® ½±²¬¿·² «» ²»½»¿®§ ¬± «°°±®¬ ¬¸» «®®±«²¼·²¹ ²»·¹¸¾±®¸±±¼ò Ì¸»» «°°±®¬ «» ½±«´¼ ·²½´«¼» »®ª·½»ó±®·»²¬»¼ ®»¬¿·´ «½¸ ¿ ¿ ³¿´´ ¹®±½»®§ô ¸¿·® ¿´±²ô ¼®§ ½´»¿²»® ±® ³¿´´ °®±º»·±²¿´ ±ºº·½»ò Î»·¼»²¬·¿´ «» ³¿§ ±½½«® ¿¬ ¸·¹¸»® ¼»²·¬·» ©·¬¸ ¬±©²¸±³» ±® ®»·¼»²¬·¿´ º´¿¬ ¿¾±ª» »®ª·½» ±®·»²¬»¼ «»ò Ñ°»² °¿½» ±½½«® ·² ²»·¹¸¾±®¸±±¼ ½»²¬»® ©·¬¸ °¿®µ «» ·²½´«¼·²¹ ½»²¬®¿´ ²»·¹¸¾±®¸±±¼ ¹®»»² ¿²¼ º´±±¼°´¿·² °®»»®ª¿¬·±²ò Ý·ª·½ «» «½¸ ¿ º·®» ¬¿¬·±²ô ½¸±±´ô ´·¾®¿®·»ô ¿²¼ ³¿ ¬®¿²°±®¬¿¬·±² ²±¼» ¿®» »²½±«®¿¹»¼ ¬± ¾» »»²¬·¿´ »´»³»²¬ ±º ²»·¹¸¾±®¸±±¼ ½»²¬»® ¿ ´¿²¼³¿®µ ¬¸¿¬ ¿®» ¿ º±½« ¬± ¬¸» ²»·¹¸¾±®¸±±¼ò Ô·³·¬»¼ ³«´¬·¬±®§ ¼»ª»´±°³»²¬ ·² ¬¸» ²»·¹¸¾±®¸±±¼ ³¿§ ¾» ¼»ª»´±°»¼ ¬± ·²½±®°±®¿¬» ¸±° ±² ¬¸» ¹®±«²¼ º´±±® ¿²¼ ±ºº·½» ±® ®»·¼»²½» ±² ¬¸» «°°»® º´±±®ò Ì¸» ®»¯«»¬»¼ ¦±²·²¹ ½¸¿²¹»ô ¿²¼ ¬¸» °®±°±»¼ «» ±º ³«´¬·º¿³·´§ «²·¬ô · ½±²·¬»²¬ ©·¬¸ ¬¸» º«¬«®» ´¿²¼ «» ¼»·¹²¿¬·±² ±º ¬¸» «¾¶»½¬ °®±°»®¬§ò Ø±©»ª»®ô ¬¸» Ü»²¬±² Ð´¿² »¬ ¿ ¬¿®¹»¬ ±º êðû ·²¹´» º¿³·´§ ¿²¼ ìðû ³«´¬·óº¿³·´§ ®»·¼»²¬·¿´ «»ô ¿²¼ ¬¸· ¼»ª»´±°³»²¬ ©·´´ ³±ª» ¬¸» Ý·¬§ º«®¬¸»® ¿©¿§ º®±³ ³»»¬·²¹ ¬¸· ¬¿®¹»¬ ±ª»®¿´´ò ß®»¿ ©·¬¸ º«¬«®» ´¿²¼ «» ¼»·¹²¿¬·±² ±º Ò»·¹¸¾±®¸±±¼ Ý»²¬»®ô «½¸ ¿ ¬¸· °®±°»®¬§ô ¿®» ·²¬»²¼»¼ ¬± ¼»ª»´±° ·² ¬®¿¼·¬·±²¿´ ²»·¹¸¾±®¸±±¼ °¿¬¬»®²ô ·²½±®°±®¿¬·²¹ ¿ ³«´¬·¬«¼» ±º ¸±«·²¹ ±°¬·±² ¿®®¿²¹»¼ ¿®±«²¼ ¿®»¿ °®±ª·¼·²¹ ²»·¹¸¾±®¸±±¼ »®ª·½»ò Ì¸» ½±²¬·²«»¼ ¼»ª»´±°³»²¬ ±º ³«´¬·óº¿³·´§ ®»·¼»²¬·¿´ ¼©»´´·²¹ ¿´±²¹ ¬¸· ½±®®·¼±® · ²±¬ ©»´´ «°°±®¬»¼ ¾§ ²»·¹¸¾±®¸±±¼ó»®ª·²¹ ®»¬¿·´ ±® ±ºº·½» «»ò Development Ì¸» Ü»²¬±² Ü»ª»´±°³»²¬ Ý±¼»ô Í«¾»½¬·±² íëòëòîòîô ®»¯«·®» ¿ Code/Zoning Analysis Í°»½·º·½ Ë» Ð»®³·¬ º±® Ó«´¬·óÚ¿³·´§ Ü©»´´·²¹ ·² ¾±¬¸ ¬¸» »¨·¬·²¹ ¦±²·²¹ ¼·¬®·½¬ô Ò»·¹¸¾±®¸±±¼ Î»·¼»²¬·¿´ Ó·¨»¼ Ë» ïî øÒÎÓËó ïî÷ô ¿²¼ ¬¸» °®±°±»¼ ¦±²·²¹ ¼·¬®·½¬ô Ò»·¹¸¾±®¸±±¼ Î»·¼»²¬·¿´ Ó·¨»¼ Ë» øÒÎÓË÷ò Ì¸» °®±°±»¼ ¼»ª»´±°³»²¬ ½±«´¼ ¾» ½±²¬®«½¬»¼ «²¼»® ¬¸» »¨·¬·²¹ ¦±²·²¹ °®±ª·¼»¼ ¬¸» ¿°°´·½¿²¬ ¼»½®»¿»¼ ¬¸» ±ª»®¿´´ ¼»²·¬§ò Ý®·¬»®·¿ º±® ¿°°®±ª¿´ ±º Í°»½·º·½ Ë» Ð»®³·¬ øÍËÐ÷ ¿®» °®±ª·¼»¼ ·² íëòêòì ±º ¬¸» Ü»²¬±² Ü»ª»´±°³»²¬ Ý±¼»ò Ì¸» ¿°°®±ª¿´ ½®·¬»®·¿ º±® ¿´´ ÍËÐ ¬¿¬» ¬¸¿¬ °»½·º·½ «» °»®³·¬ ¸¿´´ ¾» ·«»¼ ±²´§ ·º ¿´´ ±º ¬¸» º±´´±©·²¹ ½±²¼·¬·±² ¸¿ª» ¾»»² ³»¬æ ßò Ì¸¿¬ ¬¸» «» ©±«´¼ ¾» ·² ½±²º±®³¿²½» ©·¬¸ ¿´´ ¬¿²¼¿®¼ ©·¬¸·² ¬¸» ¦±²·²¹ ¼·¬®·½¬ ·² ©¸·½¸ ¬¸» «» · °®±°±»¼ ¬± ¾» ´±½¿¬»¼ô ¿²¼ ·² ½±²º±®³¿²½» ©·¬¸ Ì¸» Ü»²¬±² Ð´¿² ¿²¼ º»¼»®¿´ô ¬¿¬»ô ±® ´±½¿´ ´¿©ò If the companion zoning change request (Z07-0018) is granted and the property is rezoned to Neighborhood Residential Mixed Use (NRMU), the proposed use would be permitted with an SUP. The proposed use of a multifamily development isconsistent with the future land use designation of the property, Neighborhood Center, and it is permitted with an SUP under the existing and proposed zoning classifications.If the property is rezoned and an SUP is granted, the proposed use would be in conformance with the Denton Plan and the Denton Development Code. The proposed use would also be in conformance with the Denton Plan and the Denton Development Code under the existing zoning if the density was decreased by approximately2.13units per acre. Þò ß °»½·º·½ °»®³·¬ ¸¿´´ ¾» ·«»¼ ±²´§ ·º ¿´´ ±º ¬¸» º±´´±©·²¹ ½±²¼·¬·±² ¸¿ª» ¾»»² ³»¬æ ïò Ì¸¿¬ ¬¸» °»½·º·½ «» ©·´´ ¾» ½±³°¿¬·¾´» ©·¬¸ ¿²¼ ²±¬ ·²¶«®·±« ¬± ¬¸» «» ¿²¼ »²¶±§³»²¬ ±º ±¬¸»® °®±°»®¬§ ²±® ·¹²·º·½¿²¬´§ ¼·³·²·¸ ±® ·³°¿·® °®±°»®¬§ ª¿´«» ©·¬¸·² ¬¸» ·³³»¼·¿¬» ª·½·²·¬§å The proposed use of multifamilydwellingsis consistent with other developments in the area (E.g. The Fountains of Denton). As part of this development, Mack Place will be constructed along the subject property to the west of the subject property, allowing properties to the south the opportunity to develop and access McKinney Street. The Mack Place extension will also provide access to Mack Park. îò Ì¸¿¬ ¬¸» »¬¿¾´·¸³»²¬ ±º ¬¸» °»½·º·½ «» ©·´´ ²±¬ ·³°»¼» ¬¸» ²±®³¿´ ¿²¼ ±®¼»®´§ ¼»ª»´±°³»²¬ ¿²¼ ·³°®±ª»³»²¬ ±º «®®±«²¼·²¹ ª¿½¿²¬ °®±°»®¬§å By extending Mack Place to the south, the applicant is not impeding or restricting development of properties which lie to the south. íò Ì¸¿¬ ¿¼»¯«¿¬» «¬·´·¬·»ô ¿½½» ®±¿¼ô ¼®¿·²¿¹» ¿²¼ ±¬¸»® ²»½»¿®§ «°°±®¬·²¹ º¿½·´·¬·» ¸¿ª» ¾»»² ±® ©·´´ ¾» °®±ª·¼»¼å Water and wastewater are available on McKinney Street. The locations of connections and drainage infrastructure will be finalized as part of the platting process, although the applicant has purchased an additional strip of property to provide a drainage easement from their property (southeast corner of the property). ìò Ì¸» ¼»·¹²ô ´±½¿¬·±² ¿²¼ ¿®®¿²¹»³»²¬ ±º ¿´´ ¼®·ª»©¿§ ¿²¼ °¿®µ·²¹ °¿½» °®±ª·¼» º±® ¬¸» ¿º» ¿²¼ ½±²ª»²·»²¬ ³±ª»³»²¬ ±º ª»¸·½«´¿® ¿²¼ °»¼»¬®·¿² ¬®¿ºº·½ ©·¬¸±«¬ ¿¼ª»®»´§ ¿ºº»½¬·²¹ ¬¸» ¹»²»®¿´ °«¾´·½ ±® ¿¼¶¿½»²¬ ¼»ª»´±°³»²¬å McKinney Street is anticipated to be widened by TxDOT in the futureand this development will have to accommodate the required improvements along the frontage of McKinney. TxDOT permitswill be required for the proposed entrance from McKinney Street, as well as for any improvements or access taken from the intersection of Mack Place and A single point of access is being taken from McKinney Street. McKinney Street, and it will be available only to eastbound traffic. A bus stop is also being accommodated at the McKinney Street entrance. A second point of access will be taken from Mack Place, which is being constructedby the applicant. A median cut on McKinney Street will be maintained at Mack Street, ensuring that westbound traffic into the development will have a safe point of access from McKinney Street.The applicant will be required to construct sidewalks along the frontage of public roads, and the plans submitted with this application show sidewalks constructed for pedestrian traffic within the development.The applicant has prepared a Traffic Impact Analysis (TIA), and has supplied a copy to the Planning Department as an unofficial submission. The TIA has not been officially submitted or reviewed. ëò Ì¸¿¬ ¿¼»¯«¿¬» ²«·¿²½» °®»ª»²¬·±² ³»¿«®» ¸¿ª» ¾»»² ±® ©·´´ ¾» ¬¿µ»² ¬± °®»ª»²¬ ±® ½±²¬®±´ ±ºº»²·ª» ±¼±®ô º«³»ô ¼«¬ô ²±·» ¿²¼ ª·¾®¿¬·±²å Buffering, screening and setback requirements will be met by the proposed site plan. êò Ì¸¿¬ ¼·®»½¬·±²¿´ ´·¹¸¬·²¹ ©·´´ ¾» °®±ª·¼»¼ ± ¿ ²±¬ ¬± ¼·¬«®¾ ±® ¿¼ª»®»´§ ¿ºº»½¬ ²»·¹¸¾±®·²¹ °®±°»®¬·»å ¿²¼ The development will be required to meet site design standards of theDenton Development Code, including lighting regulations. éò Ì¸¿¬ ¬¸»®» · «ºº·½·»²¬ ´¿²¼½¿°·²¹ ¿²¼ ½®»»²·²¹ ¬± »²«®» ¸¿®³±²§ ¿²¼ ½±³°¿¬·¾·´·¬§ ©·¬¸ ¿¼¶¿½»²¬ °®±°»®¬§ò Trees will be planted around the periphery of the development, and a tubular steelfence is being proposed along the public right-of- way. The applicant is providing landscaping and fencing to help define the development and provide internal security. Ýò Ì¸¿¬ ¿¼»¯«¿¬» ½¿°¿½·¬§ ±º ·²º®¿¬®«½¬«®» ½¿² ¿²¼ ©·´´ ¾» °®±ª·¼»¼ ¬± ¿²¼ ¬¸®±«¹¸ ¬¸» «¾¶»½¬ °®±°»®¬§ò Adequate infrastructure and utilities exist to support the proposed use. Üò Ì¸¿¬ ¬¸» Í°»½·¿´ Ë» · ½±³°¿¬·¾´» ©·¬¸ ¿²¼ ©·´´ ²±¬ ¸¿ª» ¿² ¿¼ª»®» ·³°¿½¬ ±² ¬¸» «®®±«²¼·²¹ ¿®»¿ò É¸»² »ª¿´«¿¬·²¹ ¬¸» »ºº»½¬ ±º ¬¸» °®±°±»¼ «» ±² ¬¸» «®®±«²¼·²¹ ¿®»¿ô ¬¸» º±´´±©·²¹ º¿½¬±® ¸¿´´ ¾» ½±²·¼»®»¼ ·² ®»´¿¬·±² ¬± ¬¸» ¬¿®¹»¬ «» ±º ¬¸» ¦±²»æ ïò Í·³·´¿®·¬§ ·² ½¿´»ô ¾«´µô ¿²¼ ½±ª»®¿¹»ò The development will be similar to other apartment complexes, both in the immediate area, and the City. îò Ù»²»®¿¬·±² ±º ¬®¿ºº·½ ¿²¼ »ºº»½¬ ±² «®®±«²¼·²¹ ¬®»»¬ò ×²½®»¿» ·² °»¼»¬®·¿²ô ¾·½§½´»ô ¿²¼ ³¿ ¬®¿²·¬ «» ¿®» ½±²·¼»®»¼ ¾»²»º·½·¿´ ®»¹¿®¼´» ±º ½¿°¿½·¬§ ±º º¿½·´·¬·»ò The complete assessment of traffic impacts and effects on surrounding streetshas not yet been addressed.Although accommodation for mass transit is being made in this development, the ridership and any impacts on the immediate streets is not known. íò ß®½¸·¬»½¬«®¿´ ½±³°¿¬·¾·´·¬§ ©·¬¸ ¬¸» ·³°¿½¬ ¿®»¿ò The elevations submitted will meet the requirements of the Denton Development Code site design criteria. ìò ß·® ¯«¿´·¬§ô ·²½´«¼·²¹ ¬¸» ¹»²»®¿¬·±² ±º ¼«¬ô ±¼±®ô ±® ±¬¸»® »²ª·®±²³»²¬¿´ °±´´«¬¿²¬ò Over 1000 people can be accommodated by this development, which will add to the trafficlevels, and associated pollutants, in the area on an ongoing and regular basis. ëò Ù»²»®¿¬·±² ±º ²±·»ô ´·¹¸¬ô ¿²¼ ¹´¿®»ò If developed, the property will be required to meet Development Code requirements related to minimizing light and glare. The applicant has stated that on-site security guards are provided to ensure that there excessive noise or disturbances are addressed internally immediately. êò Ì¸» ¼»ª»´±°³»²¬ ±º ¿¼¶¿½»²¬ °®±°»®¬·» ¿ »²ª··±²»¼ ·² ¬¸» Ü»²¬±² Ð´¿²ò The proposed development will further move the housing ratio goals of the Denton Plan away from its target of 60% single family and 40% multi-family residential uses. Additionally, the areas classified as Neighborhood Centers, such as this property, are intended to develop in traditional neighborhood patterns, incorporating a multitude of housing options arranged around areas providing neighborhood services. The continued development of multi-family residential dwellings along this corridor is not well supported by neighborhood-serving retail or office uses. éò Ñ¬¸»® º¿½¬±® º±«²¼ ¬± ¾» ®»´»ª¿²¬ ¬± ¿¬·º§ ¬¸» ®»¯«·®»³»²¬ ±º ¬¸· Ý¸¿°¬»®ò The applicant has provided elevations and site plans for the subject property (Exhibit 6), and has requested an Alternative Development Plan in order to permit additional parkingon site and avoid impacting on-street parking(ADP07-0019).This development will impact the traffic on McKinney Street, although the applicant has indicated they anticipate a large number of residents will use public transit. DEPARTMENT AND Ì¸» Ð´¿²²·²¹ ¿²¼ Æ±²·²¹ Ý±³³··±² ®»½±³³»²¼ ¿°°®±ª¿´ ±º ¬¸· AGENCY REVIEW: Í°»½·º·½ Ë» Ð»®³·¬ øêóð÷ ©·¬¸ ¬¸» ½±²¼·¬·±² ¬¸¿¬æ ïò Ì¸» ¼»²·¬§ ±º ¬¸» ¼»ª»´±°³»²¬ ¸¿´´ ²±¬ »¨½»»¼ ïìòïí «²·¬ °»® ¿½®»å ¿²¼ îò Ì¸» ¼»ª»´±°³»²¬ ©·´´ ½±²º±®³ ¬± ¬¸» ¿¬¬¿½¸»¼ ·¬» °´¿²ô ·²½´«¼·²¹ ¬¸» ¿®®¿²¹»³»²¬ ±º ¾«·´¼·²¹ô °¿®µ·²¹ ¿®»¿ ¿²¼ ¬®»» °®»»®ª¿¬·±² ¿®»¿ô ¿ ©»´´ ¿ ¬¸» ¾«·´¼·²¹ »´»ª¿¬·±²ô «²·¬ ²«³¾»®ô ¿²¼ °¿®µ·²¹ °¿½»å ¿²¼ íò ß Ì®¿ºº·½ ×³°¿½¬ ß²¿´§· ¾» ½±³°´»¬»¼ ¿²¼ ¿½½»°¬»¼ ¾§ ¬¸» Ý·¬§ Û²¹·²»»®·²¹ Ü»°¿®¬³»²¬ô ¿²¼ ¬¸¿¬ ¬¸» º·²¼·²¹ ±º ¬¸· ¿²¿´§· ¾» ·³°´»³»²¬»¼ ¿²¼ ·²½±®°±®¿¬»¼ ·²¬± ¬¸» ¼»ª»´±°³»²¬ °®·±® ¬± ¿°°®±ª¿´ ±º ¬¸» º·²¿´ °´¿¬å ¿²¼ ìò ß´´ »²¹·²»»®·²¹ ®»¯«·®»³»²¬ º±® ·¬» ¼»ª»´±°³»²¬ô ·²½´«¼·²¹ ¼®¿·²¿¹»ô ¿®» ¿¬·º·»¼ò EXHIBIT 2 LOCATION MAP EXHIBIT 3 EXISTING ZONING MAP EXHIBIT 4 PROPOSED ZONING MAP EXHIBIT 5 LAND USE MAP f ti i~ ! t ~ii ` c ': ~ L` f ~~ ~ ; .ice 1 -_ ; j 1 ~~ t Y t ! ' S ~~ tom' 4 ~ f ~ ~ '~ki .• t ~ ~ a` ly// _ - i {, a ~ ~ :~ A '.~ S ~f .~ 1 ~~ - j; i ._ 4 , }~l t t ~.: - 7 ,' ~~ ` ~~: S _ ~..' t ii ht L ~Ji{ y~ ,y~ r+.l j•s~ i •4* ,~ e ~•. {~ r- ~ t +. '.i i. J ti t L ~ ~~ _ 1 `P'1~_i ~ ~ _A yy r c ~ 'a ~. '+ 'L ~,~ r t "i ~ ~ ~ ' tit t~ ~ ~.~, '4. s~ . ~! 1 ~ ~.'~ ~'} Y ~ ~ -' ~ ° ~ _ ~ r ;~ ! ~-. - i. AF / 4 5 ~~ ~ 34` ".~ Z ~b~}~ \ ~c .y T - ~ ~ 1. ~ '.~ a `.. T ~ ~ - ~Y ~.. 'i:~ '!. _ ~` `.C S; 4 '~ S _. v i -'gam Z ~-?. \t l 4 L • } _ _ _ 4 ~ c rot _ _. \ ~ __ ~ i < 1 L ` _+ ~ l A ~ v ` -3. ~,•. t ti 1..y Y_~~ ~ ~ Li` c - 1 4 ~ ~ T H L ~ i ,` k t 4 _ r. r t. ~ ~ z 4 ut ~, a ~: ~. ' _ ` _ _ t ~. __ -~ t T a ~ .t # ,x" -r .tea a .~_ t- ~ #~ i Y s s _._ "~ __ _ 4 _ _ ~ `. ,. ~ t a. ~~ . ~. _ EXHIBIT 6 NOTIFICATION INFORMATION -- { l s ~f .Y~ ~ ~ f! z '{ r ~ SS ~~s t ~% ~ s _ t ~~ ~~ ~ . ~~ Q 4'f J s --~ ii Ras~s1'C~ Z`4T ~^°4_ _ ~. :~~ ~- ~~ ~ ;p ~ , m t - ~~ In Favor In Opposition -~ ~'~~.~ rP : .F ~ ~: f ~ ~,,~ rte/ ~.rr~ ~~' {~~r # ~f f j ; ~ ~'--. Ff r /rr S ~b er~~#~1fS~~-~r ~:--~ ~~ ~ ~ ~ ~ r {~~~-{~ ~~ ~. ,,' Y r ' ~r~ ~: try ~-~r .,- t,. ~ } ,f f ~.~, .~ ,~,~`i ' ,f~,~~'-' ~f ``~~i~~ .rte / 7 _~ l ) ~. - ti'`•. , - -- 200 Foot Notification:~Llmit } ~~ ~~~ _500. Foot Natification llrnit N ~ Public Notification Date: December 2, 2007 200' Legal Notices* sent via Certified Mail: 45 Number of responses to 200 Legal Nonce: ^ In Opposition: 1 ^ In Favor: 2 ~ ^ Neutral: 0 * - A copy of the nod: fica~ion list is available at City Hall West, 221 N. Elm Street Denton, fiX EXHIBIT 7 LETTER FROM APPLICANT EXHIBIT 8 SITE PLAN EXHIBIT 9 BUIIIDING ELEVATIONS 1t J ''y ': c? ~' i _~~'~' -- :.~~- -; •-~., .{ ~--s ~~- ; `\ 1 . 1S~F ,f~ S i J3;1 a !~'-j !. 4 f`t . :.i-` . ~'..:5 ~_:- -t -'_ - ^ -~ 1-_, _ . ;:`~~ ~_j' -~ ~ :~ ~.: } --- ~7. , _' :; .-;~ '.',i - i{{ s•r_ae..~._-+..ou~...~.~ _ .: ~...~,.-... .~.~..,e ...~... - ~r..o--'- r.. .s,e... .~.... ..e ~~....a.~.+e.. ... e.~, -. m. .._ ...._+~...dd_. . c ~ t ` r ~. .~:: ;, C ~t y s ~ s; r. ?3< S O ae P _i ~~ ~~ W. v _~ ~~ ~ ~1~ 7 r ~ y GQ~ cY ~ ....t.:..-b.~..,.-.«v...,...-. e~.re-±...~...:_ ....w~.....r...:...,~.,v.e.... Ica.ss=.~e.~v~.....~...~-~+,...r~i,..~:~,: s-+., _.. ` n ~- ~}'- . e..:w...}a q. r. a- •~+s+ . ,,.~ra.. ~, ~.. sa-st....i a;: c~ ~x ~., 4 w _ .~ s /~ /. ~ .. s ? ~ - - i /_ ~ . 2 3, r~ :%, _ a,$ 8~ 3 ~ - ' ~f~ :# ~7 •. /! 4. t ~`$~ ~ ~.~ r - is 5i}i i }.~'i ii .,~,~ t ' f ~ .1~ ( ~ .J . %I .' f .. ~_ r - //F. '; 1 ;'_ ' 2 ` t k.. ' `+, ~~ , z _ _ S •~ ;it4\ _ l`_` •~ .. ._ C ._ `'.. 2 ~ ' •5\ ~ ': } ~~ ~- • y: _f. f~ ::~ - - . 1 •-1 ,- :f 7 ., 7 },:~. l; i `- f '-' 1 Rz _~: i i+Y f L~ 1 '_ `_ 1 - _ __ f --;!. ^•`j ~- •~1 }' • jT '~ 1 #. -~._~ TTC :_. Y . `~ y , } ;'i } ~'r ':', ? • F ~. _ • 1 = --~~ i ~_' t ' ~' F" :~ ~i~: . 1f _- _ _~ . - ~: _. f"~." :,_~y. f ~ ~ _~ T ~~ .~~' EXHIBIT 10 SITE PHOTOGRAPHS View of Subject Property from McKinney Street. View of neighboring properties on north side of McKinney Street. EXHIBIT 11 RESPONSE TO NOTICE OF PUBLIC HEARING ÷äôóúóè ÷äôóúóè ì÷èóèóíîê÷õûêøóîõèê÷÷ê÷ïíæûð ÷äôóúóè íêøóîûîù÷ AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008 DEPARTMENT: Utility and CIP Engineering ACM: Howard Martin, 349-8232 __________________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 18 of the Code of Ordinances by adding Section 18-73; altering the prima facie speed limits established for vehicles under the provision of Transportation Code, Section 545.356, upon the following roadways or parts thereof within the incorporated limits of the City of Denton; providing a penalty not to exceed $200.00 unless the violation occurs in a work zone and then the penalty shall not exceed $400.00; providing a severability clause; providing a repealing clause; providing for publication; and declaring an effective date. BACKGROUND The Texas Department of Transportation (TxDOT) periodically performs speed limit studies on all of its highways, including those in the City of Denton. Because it had been several years since the last speed survey within the City, in the mid 1990’s TxDOT resurveyed all of the TxDOT roadways in the City and provided City staff with updated speed zone recommendations for consideration and approval. The City staff and TxDOT have not always agreed about the proposed speed limits on various portions of roadways. In 2001, because of the prolonged negotiations with City staff without resolution, TxDOT considered having the Texas Transportation Commission pass a Minute Order as the means to establish the speed limits without City involvement. Because of the possibility of a Minute Order by the Texas Transportation Commission (approving what City staff believed were unacceptable speed limits), the City renewed its efforts to resolve this issue in conjunction with TxDOT. Beginning in the winter of 2002 and continuing for approximately four and one-half (4½) years, TxDOT resurveyed a number of the affected locations at the request of City staff. These additional surveys resulted in TxDOT recommending lower speeds in some cases than those originally proposed for various portions of different highways. As TxDOT and the City came to agreement on different roads, these speed limits were provided for consideration at the Traffic Safety Commission for its advisory recommendations to Council. It should be noted that, based upon new conditions in the future (completion of schools, commercial or industrial areas, residential subdivisions, new City street connections, increased driveway connections and the like), the City can request a new survey to be done at any time. Therefore, the speed limits being recommended herein for the affected stretches of roadway are for the conditions as they are today and not for any future situation. The State’s Transportation Commission can establish a Minute Order (a state law) that would invalidate any City ordinance of a speed limit posting that is contrary to those proposed by TxDOT. The State can remove the City’s posting and install signs reflecting the Minute Order. Speed zones are typically established based on engineering investigations. The primary criterion used in establishing a speed limit is the eighty-fifth percentile (85%) speed. This speed is established by performing a speed study and calculating the speed at which the 85% vehicle is traveling. The 85% speed is the speed at which a prudent driver, given the type of street, will drive that street under normal driving conditions. The courts have determined that the 85% is the primary criterion by which a reasonable speed limit should be established. The speed limit is usually rounded to the 5MPH increment that is just higher or lower than the 85% (unless the 85% calculated is at a 5MPH increment). Other factors that can be considered in lowering a speed limit are: 1.Roadway pavement width of 20ft or less, 2.Horizontal and vertical curves, 3.Hidden driveways and other roadside developments, 4.High driveway density, 5.A high crash history, 6.Substantial pedestrian activity, PAGE 1 M:\CC 2008\February 19, 2008\Speed Limit Ordinance\AIS US 380 Speed Limits February 19 2008.doc 7.Rural residential or development area and 8.Lack of striped, improved shoulders. The State of Texas considers the above list of factors as the means of establishing a speed limit up to 10MPH (12MPH for locations with a crash rate higher than the statewide average) lower than the 85%. Speed limit studies are typically done when there are moderate volumes that are under generally free- flow conditions. Accordingly, speed limit studies typically do not include the AM or PM peak periods, industrial plant let-out times, school hour drop-off/pick-up times or other such short-term, potentially congested times. Speeds are generally lower during these events because of the corresponding congestion; therefore, they do not reflect the less restricted conditions the driver is under during most of the day. The proposed ordinance will adopt speed limits on US380 (University Drive) from the westerly City limits to the Burlington/Santa Fe Railroad tracks which is a State highway in the City of Denton. Resurveyed Sections At a work session in late 2006, the City Council requested staff to remove the portion of University Drive/US380 (from the westerly City limits to the Burlington/Santa Fe Railroad tracks) from the proposed speed limit ordinance being brought forward for approval at that time and asked staff to work with TxDOT to get a number of portions of this roadway resurveyed. City Council passed an ordinance on December 12, 2006 that added US380/University Driver (from the Burlington/Santa Fe Railroad tracks to the easterly City limits), FM 1515/Airport Road, and FM 1830/Country Club Road to the other TxDOT highways previously approved. TxDOT initiated another speed study and has provided the City with the updated Speed Map in a letter dated March 5, 2007, for the following portions of University Drive/US380: A.From the westerly City limits to 900 feet west of Cindy Lane. Previous recommendation Current recommendation 60 mph 60MPH B.From 900 feet west of Cindy Lane to 500 feet east of Marshall Road Previous recommendation Current recommendation 55 mph 50MPH C.From 500 feet east of Marshall Road to the Burlington/Santa Fe Railroad tracks (note: this includes the school zone for the Selwyn School) Previous recommendation Current recommendation 55 mph 45MPH The currently approved speed limit immediately east of the Burlington/Santa Fe Railroad tracks is 45MPH This report and the attached ordinance respond to the requests by City Council and recommendations by TxDOT. OPTIONS 1.Approve the ordinance 2.Approve the ordinance with conditions 3.Deny approval of the ordinance RECOMMENDATION Staff has worked with TXDOT over a period of many years. The passage of this ordinance will complete all of the TxDOT highway speed limits that have been studied to date within the corporate limits of the City of Denton. Staff recommends that in order to resolve any potential timing/delay issues causing unwanted action by TxDOT and the State of Texas, that the ordinance for the remaining speed limits for University Drive/US380 resulting from the TxDOT restudy and as discussed herein be established. PRIOR ACTION/REVIEW December 12, 2006 – City Council Work Session FISCAL INFORMATION TxDOT will install or replace the necessary signing and posts at its expense. PAGE 2 M:\CC 2008\February 19, 2008\Speed Limit Ordinance\AIS US 380 Speed Limits February 19 2008.doc EXHIBITS 1.TxDOT letter US380/University Drive restudy 2. Location Map 3. Ordinance Respectfully submitted: Frank G. Payne, P.E. City Engineer PAGE 3 M:\CC 2008\February 19, 2008\Speed Limit Ordinance\AIS US 380 Speed Limits February 19 2008.doc TxDOT's LETTER FOR RESTUDY OF US380 ATTACHMENT A EXHIBIT 1 1 Texas Department of Transportation P.O. BOX 133067 • DALLAS, TEXAS 75313-3Q67 • (214) 320-6100 March 5, 2007 Control: 0134-09 Highway: US 380 County: Denton Bernard Vokoun, P.E. Traffic Engineer City of Denton b01 E. Hickory, Suite B Denton, Texas 76201 Subject: Speed Zones Dear Mr. Vokoun: Attached for your information and further handling is a computer printout of the speed zone study. on US 380 in the City of Denton. We believe .the=recommended speeds will correspond closely to the speeds at which the normal and_ prudent~driver will~drive under the existing conditions. Attached for-your information is a sample speed-.zone ord~nance~~tnat might serve as a guide in the .preparation of your speed zone ordinance. 1hle ~uil.l ~also'~furnish and -install the necessary signs at the proper locations upon receipt .of ahesigned ordinance from the City of Denton establishing the new speed limits. If we fiave not .received written correspondence from your office within 90 days concerning tliis~ peed zone study, we will assume concurrence and begin proceedings ~to have the zoning adopted by CommissionMinute. We appreciate the .interest you have shown and the cooperation you have.given. If we may be of further assistance, please feel free to contact :Mr. Linden Burgess at the above address or by telephone at 214!320-6237. Sincerely, V ~v r ~ ~ James K. Selman, P.E.. Director of TransportationOperations Attachments A» Equal Opportunity Employer M:1CC 20081February 19, 20081Speed Limit OrdinancelAIS US 380 Speed Limits February 19 2008.doc PAGE 4 LOCATION MAP ATTACHMENT B EXIT 2 M:1CC 20081February 19, 20081Speed Limit OrdinancelAIS US 380 Speed Limits February 19 2008.doc PAGE 5 s:\our documents\ordinances\08\speedingordinance.doc EXHIBIT 3 ORDINANCE NO._________________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES BY AMENDING SECTION 18-73 TO ESTABLISH SPEED ZONES ON FM 1515/AIRPORT ROAD, FM 1830/COUNTRY CLUB ROAD, AND US 380/UNIVERSITY DRIVE; ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISION OF TRANSPORTATION CODE, SECTION 545.356 UPON THESE STREETS, WITHIN THE INCORPORATE LIMITS OF THE CITY OF DENTON; PROVIDING A PENALTY NOT TO EXCEED $200.00 UNLESS THE VIOLATION OCCURS IN A WORK ZONE AND THEN THE PENALTY SHALL NOT EXCEED $400.00; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 Denton, Texas is hereby amended by adding speed regulations to Section 18-73 regulating the speed of vehicles on FM 1515/Airport Road, FM 1830/Country Club Road, and US 380/University Drive. Section 18-73 shall read as follows: Sec. 18-73. Speed limits on certain roads and highways. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Transportation Code, Section 545.356, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: s:\our documents\ordinances\08\speedingordinance.doc Speed Extent Limit I. FM 426/McKinney Avenue From Locust Street/US 77 to Mack Drive. 30 mph From Mack Drive to Glengary Drive. 45 mph From Glengary Drive to the south/easterly city limits. 55 mph II. FM 428/Sherman Drive From Elm Street/US 77 to Monterrey Drive. 35 mph From Monterrey Drive to Long Road. 45 mph From Long Road to the north/easterly city limits. 55 mph III. FM 1173 From the IH-35 southbound frontage road to the westerly city 60 mph limits. IV. FM 1515/Airport Road From IH-35E northbound frontage road to Corbin Road. 45 mph From Corbin Road to Masch Branch Road. 55 mph V. FM 1830/Country Club Road From Ft. Worth Drive/US 377 to Sanders Road. 45 mph From Sanders Road to the southerly city limits. 55 mph VI. FM 2164/N. Locust From N. Locust Street/US 77 to Loop 288. 45 mph From Loop 288 to the northerly city limits. 60 mph VII. FM 2181/Teasley Lane From Dallas Drive/US 77 to Savannah Trail. 35 mph From Savannah Trail to 500 feet west of Pennsylvania Drive. 45 mph From 500 feet west of Pennsylvania Drive to Lillian Miller 40 mph Parkway. From Wind River Lane to the south/easterly city limits. 50 mph VIII. IH-35E Frontage Road Northbound From the southerly city limits to Loop 288. 50 mph Page 2 s:\our documents\ordinances\08\speedingordinance.doc From Loop 288 to Oak Street. 45 mph IX. IH-35E Frontage Road Southbound From Oak Street to Lillian Miller Parkway. 45 mph From Lillian Miller Parkway to the southerly city limits. 50 mph X. IH-35 Frontage Road Northbound From Oak Street to Elm Street/US 77. 50 mph From Elm Street/US 77 to the northerly city limits. 55 mph XI. IH-35 Frontage Road Southbound From the northerly city limits to Elm Street/US 77. 55 mph From Elm Street/US 77 to Oak Street. 50 mph XII. Loop 288 From IH-35E southbound main lanes to Morse Street. 35 mph From Morse Street to University Drive/US 380. 50 mph From University Drive/US 380 to IH-35. 60 mph XIII. US 77/Dallas Drive From IH-35E southbound main-lanes entrance ramp to Teasley 45 mph Lane/FM 2181. From Teasley Lane/FM 2181 to Smith Street. 35 mph From Smith Street to Eagle Drive/US 77/Bell Avenue. 30 mph XIV. US 77/Eagle Drive From Dallas Drive/US 77/Bell Avenue to Elm Street/US 77. 30 mph XV. US 77/Elm Street From the IH-35N southbound frontage road to Donna Road. 55 mph From Donna Road to FM 2164. 45 mph From FM 2164 to Sherman Drive/FM 428. 35 mph From Sherman Drive/FM 428 to Eagle Drive/US 77. 30 mph XVI. US 77/Locust Street From Eagle Drive/US 77 to Sherman Drive/FM 428. 30 mph From Sherman Drive/FM 428 to Elm Street. 35 mph XVII. US 377/Ft. Worth Drive From Eagle Drive/US77 to Lindsey Street. 35 mph Page 3 s:\our documents\ordinances\08\speedingordinance.doc From Lindsey Street to 200 feet south of the T&P Railroad 45 mph overpass. From 200 feet south of the T&P Railroad overpass to Country 50 mph Club Drive/FM 1830. From Country Club Drive/FM 1830 to the south/westerly city 60 mph limits. XVIII. US 380/University Drive From the westerly city limits to 900 feet west of Cindy Lane 60 mph From 900 feet west of Cindy Lane to 500 feet east of Marshall 50 mph Road From 500 feet east of Marshall Road to the Burlington/Santa Fe 45 mph Railroad Tracks From the Burlington/Santa Fe Railroad tracks to Bonnie Brae. 45 mph From Bonnie Brae to Locust Street/US 77. 35 mph From Locust Street/US 77 to Bell Avenue. 40 mph From Bell Avenue to Loop 288 northbound ramp. 45 mph From Loop 288 northbound ramp to Riverside Drive. 55 mph From Riverside Drive to the easterly city limits. 60 mph SECTION 2. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed Two Hundred Dollars ($200.00), unless the violation occurs in a work zone and then the penalty shall not exceed Four Hundred Dollars ($400.00). SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Denton, Texas, hereby declares that they would have enacted such remaining portions despite any such invalidity. SECTION 4. All provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage or the date that speed limit signs are posted giving notice of the speed limit whichever is later, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. Page 4 s:\our documents\ordinances\08\speedingordinance.doc PASSED AND APPROVED this the _______ day of _______________________, 2008. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ________________ BY: _________________ Page 5 AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2008 DEPARTMENT: Economic Development CM: George C. Campbell, City Manager SUBJECT Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Jostens, Inc. regarding the expansion of an approximate 13,000 square feet to the existing building located at 3500 I-35E in the City of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (Economic Development Partnership Board recommends approval 6-0) BACKGROUND Jostens, Inc. was incorporated in 1897 and has been providing products, services and programs that help people celebrate important moments, recognize achievements and build affiliations for over 100 years. The company’s products include yearbooks, class rings, graduation products, and products for athletic champions and their fans. Jostens has operated its jewelry manufacturing operations out of two locations, Denton, Texas and Attleboro, Massachusetts. The Denton facility opened in 1970 with 40,000 square feet and 180 employees (full time and seasonal). Over the years, it has grown to a 56,000 square feet facility and 283 full time and 185 seasonal employees. With the proposed 13,000 square feet, additional employment is expected to increase to 413 full time and 100 seasonal employees. By closing the Attleboro plant and moving those operations to Denton, the Denton plant will be able to convert a significant number of their seasonal positions to full time positions. Jostens advised the Mayor and Economic Development Department of their plans and began researching the best option for their expansion. Jostens arrived at two choices: They could move their operations to a large vacant facility outside of Denton’s city limits but close enough for employees to commute, or expand on site. The company estimates they will invest $2.2 million on the building expansion and add an additional $2.1 million of new or relocated equipment for a total of an estimated $4.3 million. Jostens approached the Economic Development Partnership (EDP) Board with a request for a tax abatement or rebate on the new valuation to be created by the expansion. They also indicated that if business proceeds as planned, a larger expansion may occur in the future. The EDP Board recommends approval of a Chapter 380 agreement that will grant annual payments equal to 75% of the increase in assessed valuation on building and - 1 - equipment (land and inventory not included) for a period of seven years, or a maximum grant of $151,000, whichever comes first. In other words, it is intended that the grant be limited to the valuation generated by the expansion. It is not intended to provide an incentive for increases in valuation on the existing property. ESTIMATED SCHEDULE OF PROJECT The company has already begun talking to City development departments and would like to begin immediately. PRIOR ACTION/REVIEW The Economic Development Partnership Board discussed the Jostens project at their December 2007 and January 2008 meetings. The Board recommends approval 6-0. FISCAL INFORMATION The following represents the estimated fiscal impact of the project: Estimated City Property Jostens Grant Net City Revenue Investment Valuation Tax Revenue 75%25% Building $2,226,000$14,837$11,128$3,709 Equipment $2,068,000$13,784$10,338$3,446 Annual Totals $4,294,000$28,621$21,466$7,155 Seven Year Totals $150,262$50,085 In addition to the impact on property tax revenue, the project will generate an additional 130 new jobs with an annual wage increase of $4.5 million. A conservative model that looks at wage impact on sales tax revenues indicates that an additional $16,000 would be generated in Denton sales tax. The current valuation of the existing property is approximately $8.5 million, generating revenue to the City of approximately $56,687 annually. Under this agreement, the company would not receive an incentive on the existing valuation. EXHIBITS Ordinance Chapter 380 Agreement Respectfully submitted: _______________________________ Linda Ratliff, Director Economic Development Department - 2 - use; and population density. Thus, na construction of public i.provements is contemplated as a result of t.s ar~ne~ation that would ~~ v~rithin two and a half {~ ~I~} years after the effective date of the anne~atiori. The .pity sha11 consider construction of other public in~provcmcnts as the needs dictate on the same basis as such public in~provcn~ents are considered throughout the pity far areas having similar characteristics of topography, land use, and population density. . vII. UNIF~I~ I1~yEL ~F ~~yIE iVIAY NAT BE l~~D Nothing this plan shall require the pity to provide a un~.for~. level of full n7u~i.cipal services to each area of the pity, includ~.g the annexed area, if different characteristics of topography, land u.se, and population density are considered a sufficient basis far providing different levels of service. VIII. Tali This service plan shall be valid for a term often {~~}~ years, renewal of the service plan shall be at the discrtivrr of pity council. ~~. AMENDIV~~~T The service plan nay be mended if the pity council determines at a public hcarir~g that changed conditions or subsequent occurrences make this service plan unworkably or obsolete. The pity council may. amend the service plan to conform to the charmed conditions or subsequent occurrences pursuant to Teas Local ovenent bode, section 4~.a5~ {Vernon upp. ~~~~~. ~~