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Home My WebLink AboutApril 1, 2008 Agenda AGENDA CITY OF DENTON CITY COUNCIL April 1, 2008 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 1, 2008 at 4:30 p.m.in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.Requests for clarification of agenda items listed on the agenda for April 1, 2008. 2.Receive a briefing, hold a discussion, and give staff direction regarding relief from the Tree Preservation/Mitigation requirements per Subchapter 35.13.7.A.4.h on a 17.89 acre property located on the southeast corner of Teasley Lane and the future alignment of Hickory Creek Road. The subject property is located within a Neighborhood Residential Mixed Use (NRMU) zoning district. 3.Receive a briefing, hold a discussion and give staff direction regarding an application for relief from tree preservation/mitigation standards under sections 35.13.7.A.4.h. and 35.3.11 of the Denton Development Code. The approximately 1.862 acre property is located at the southwest corner of Hickory Creek Road and Teasley Lane (F.M. 2181), and is part of a larger 16.422 acre commercial development. The property is within a Neighborhood Residential Mixed Use (NRMU) zoning district, and a pharmacy is proposed on the subject site. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1.Closed Meeting: A.Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Discuss legal issues relating to City oil and gas leases, including discussion of legal remedies, and including matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the chapter. 2. Receive, consider and hold a discussion related to a briefing from City’s Attorneys, relating to claims, potential claims, and settlement thereof for matters pertaining to JNC Partners Denton, LLC v. City of Denton, including legal advice related to future annexation, zoning, subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, water rights, permitting and other legal issues related to the future development of land, as proposed by JNC Partners Denton, LLC. City of Denton City Council Agenda April 1, 2008 Page 2 3. Consider and discuss litigation styled Tower v. City of Denton, Civil Action No. 4:05cv302, currently pending in the U.S. District Court, Eastern District, Sherman Division. 4. Consult with the City's attorneys regarding attorney/client privilege related to prior legal opinions concerning interpretation of council term limits charter provisions. B. Deliberations regarding Real Property – Under Texas Government Code Section 551.072 and; Consultation with the City’s Attorneys – Under Texas Government Code Section 551.071. 1. Discuss, deliberate, consider, receive information from Staff, and provide Staff with direction pertaining to the possible terms of purchase of and valuation issues respecting the possible acquisition of an approximate 2.834 acre tract of real property for street right-of-way and the possible acquisition of an approximate 0.393 temporary construction, grading and access easement, all for public purpose; which real property lies within the Mary Austin Survey, Abstract No. 4, City of Denton, Denton County, Texas, and is located north of intersection of Brinker Road and Spencer Road, and receipt of legal advice for legal issues related thereto. C. Deliberations regarding consultation with the City Attorney – Under TEXAS GOVERNMENT CODE Section 551.071 and Section 551.087 – Deliberations regarding Economic Development Negotiations. 1. Discuss or deliberate regarding commercial or financial information that the City Council has received from business prospects that the City Council seeks to have locate, stay or expand in or near the territory of the City of Denton and with which the City Council is conducting economic development negotiations relating to a conference center. 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, April 1, 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: City of Denton City Council Agenda April 1, 2008 Page 3 1.PLEDGE OF ALLEGIANCE A. U.S. Flag/Texas Flag “Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – 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 adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a one-year extension to the depository services contract with Wachovia Bank, N.A.; and providing an effective date. The Investment Committee recommends approval (5-0). B.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2008 Summer Food Service Program; if such funding is granted, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Department of Human Services and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. C.Consider approval of a resolution of the City Council of the City of Denton, Texas, setting a maximum expenditure limit of $720,814 for the Police City Hall East Expansion Project; requiring monthly reporting to the City Council of those funds; and providing an effective date. City of Denton City Council Agenda April 1, 2008 Page 4 D.Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of overhead primary and secondary electric distribution conductors for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3958–Annual Contract for the Purchase of Electric Distribution Conductors awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $705,000). The Public Utilities Board recommends approval (5-0). E.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a third amendment to professional and personal services agreement relating to engineering services performed by Intera, Inc. for the City of Denton, Texas (in the additional amount of $40,682.40, for a grand total of $138,524.40 for the original, first and second addendums thereto); authorizing the expenditure of funds therefor; and providing an effective date. (File 3736– awarded to Intera in an amount not to exceed $138,524.40). The Public Utilities Board recommends approval (7-0). F.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a scale house at the City of Denton Landfill; providing for the expenditure of funds therefore; and providing an effective date (Bid 3948–Landfill Scale House Construction awarded to the lowest responsive bidder meeting specification Caliber Construction, Inc. in the amount of $349,570). The Public Utilities Board recommends approval (7-0). G.Consider adoption of an ordinance accepting sealed proposals and awarding a contract for the services of a management consultant for Denton Municipal Electric; providing for the expenditure of funds therefor and providing an effective date (RFSP 3930–Management Study of Electric Utility and Support Services awarded to Navigant Consulting, Inc. in the amount of $259,750). The Public Utilities Board recommends approval (6-0). H.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Cem- Lime from TXI, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3991–Purchase of Cem-Lime for Street Department in the unit price amount of $140/dry ton for an annual estimated amount of $150,000). I.Consider a request for an exception to the Noise Ordinance for the purpose of a music festival, the 1st Annual BeanStock, sponsored by Cool Bean’s Bar and Grill. The event is to be held on Saturday, April 19, 2008, beginning at 11:00 a.m. and concluding at 11:00 p.m. The exception is specifically requested for extension of the hours of operation for amplified sound. City of Denton City Council Agenda April 1, 2008 Page 5 J.Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a third amendment to an agreement with Terry D. Morgan & Associates, P.C. for professional legal services relating to claims, potential claims, and settlement thereof for matters pertaining to JNC Partners Denton, LLC v. City of Denton; authorizing the increase in expenditure to an amount not to exceed $200,000; and providing an effective date. K.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to certain improvements at the Denton Municipal Airport; authorizing and directing the City Manager or his designee to expend funds as provided for in said agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. The Mobility Committee recommends approval (3-0). L.Consider adoption of an ordinance of the City Council of the City of Denton, Texas, pertaining to the City’s approval of development plan line assistance for the extension of sewer lines for the construction of a new divisional office and distribution center as requested by Aldi, Inc. in the amount of $80,000, representing the cost of the planning level construction cost of the proposed grinder pump sewer system; authorizing the City Manager to expend funds therefor; and providing an effective date. The Public Utilities Board recommends approval (4-0). M.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a first amendment to the Dark Fiber Lease Agreement by and between the City of Denton, Texas and the University of North Texas; authorizing the expenditure of funds therefor; providing for retroactive approval of the agreement, and providing an effective date. The Public Utilities Board recommends approval (5-0). 4.PUBLIC HEARINGS A. Hold the first of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the voluntary annexation and service plan for approximately 484.84 acres of land located west of Locust Street (FM 2164) and south of Milam Road, see Exhibit 1. (A07-0006, Hills of Denton North Annexation) The Planning and Zoning Commission recommends approval (7-0). B.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change on two tracts of land comprising approximately 6.813 acres of land, from Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classifications and use designations to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, with an overlay City of Denton City Council Agenda April 1, 2008 Page 6 district, both tracts of land being located along the east side of 1-35 and south of Windsor Drive; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z07-0027, Windsor Farms Partners LP). The Planning and Zoning Commission recommends approval (6-0). C.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from an Employment Center Industrial (EC-I) zoning district classification and use designation to an Employment Center Commercial (EC-C) zoning district classification and use designation comprising 23.551 acres of land located at the southeast corner of Morse Street and Loop 288, and legally described as Lot 1, Phase 1, and Lots 2 and 3, Block 2, Phase 5 of the Golden Triangle Industrial Park, in the city of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z08-0003, County Administrative Complex A) The Planning and Zoning Commission recommends approval (6-0). D.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from an Employment Center Industrial (EC-I) zoning district classification and use designation to an Employment Center Commercial (EC-C) zoning district classification and use designation comprising 18.113 acres of land located at the northeast corner of Karina Street and Kimberley Street, and legally described as Lots 2, 3, and 4, Phase 5 of the Golden Triangle Industrial Park, in the city of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z08-0004, County Administrative Complex B) The Planning and Zoning Commission recommends approval (6-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider an application for relief from tree preservation/mitigation standards under sections 35.13.7.A.4.h. and 35.3.11 of the Denton Development Code. The approximately 1.862 acre property is located at the southwest corner of Hickory Creek Road and Teasley Lane (F.M. 2181), and is part of a larger 16.422 acre commercial development. The property is within a Neighborhood Residential Mixed Use (NRMU) zoning district, and a pharmacy is proposed on the subject site. B. Consider nominations/appointments to the City’s Boards and Commissions. C. Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: A. Bob Clifton regarding more legal matters. B. David Smith regarding freeway traffic flow on I-35. C. Gerard Cannon regarding Code Enforcement. D. Ken Walbridge regarding Property Tax Code 33.06. City of Denton City Council Agenda April 1, 2008 Page 7 D. New Business and Announcements This item provides a section for Council Members to suggest items for future agendas, request information from the City Manager, and/or make announcements of public interest. E. City Manager’s Report F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. 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 April 1, 2008 AGENDA DATE: Planning and Development DEPARTMENT: Fred Greene, 349-8354 ACM: SUBJECT - Hickory Creek Plaza (Kroger Site) Receive a briefing, hold a discussion, and give staff direction regarding relief from the Tree Preservation/Mitigation requirements per Subchapter 35.13.7.A.4.h on a 17.89 acre property located on the southeast corner of Teasley Lane and the future alignment of Hickory Creek Road. The subject property is located within a Neighborhood Residential Mixed Use (NRMU) zoning district. BACKGROUND The purpose of this session is to seek direction and get clarification from City Council regarding relief from the Tree Preservation/Mitigation requirements per Subchapter 35.13.7.A.4.h. Pursuant to Subchapter 35.13.A.4.h. of the Denton Development Code (DDC). The applicant may file an application for relief from the Tree Preservation/Mitigation requirements in this Subsection pursuant to Subsection 35.3.11 on grounds therein specified to the City Council within ten (10) calendar days of the posting of the decision by the DRC. The Council shall decide the petition based upon the criteria in Subsection 35.3.11. Sometime between the issuance of a Clearing and Grading permit in November 2007 and February 2008 a total of nine existing trees were removed from the subject property. According to the applicant, the tree removal was required as part of the redesign of the Hickory Creek Road alignment and the grading necessary to develop the land. The realignment and the grading of the development would have impacted the subject trees and would eventually cause the trees to die, the applicant stated. Staff discussed this reason for the tree removal with the Engineering Department and verified that four of the nine existing trees would have been in conflict with the realignment. An exhibit from the applicant shown in Exhibit 2, illustrates how the realignment would have impacted the existing trees. The remaining five existing trees require further clarification by the applicant to determine if the trees should have been removed. By removing all of the trees the applicant inadvertently clear cut the site and violated the provision of the DDC. Staff does not have the authority to approve the removal of all existing trees. The process for an applicant to request relief from the Tree Preservation/Mitigation requirements under Subchapter 35.13 of the Denton Development Code, is that the applicant must first apply for relief under Subchapter 35.3.11 Tree Preservation Relief Provision. Staff is currently reviewing the process for relief from the Tree Preservation/Mitigation requirements pursuant to Subsection 35.3.11. Any future application for relief will be brought forward to City Council as an Item for Individual Consideration. Pursuant to Subchapter 35.3.11.A. The purpose of this provision allows a determination of whether the application of the Denton Development Code as applied to a Tree Removal Application and related development applications, would if not modified or other relief granted, unreasonably burden the development of the property. After learning of the removal of the existing trees, staff contacted the applicant and informed them of the situation. Staff informed the applicant that a mitigation fee for the nine existing trees removed would be required. On March 10, 2008, the applicant submitted a check to the City of Denton in the amount of $20,500 for the mitigation of the trees removed. Staff has also cited the applicant for the 5 trees removed that were not verified by the Engineering Department. The following items summarize the proposed development and important actions taken: On January 9, 2007, the proposed development was granted four Specific Use Permits (SUPs). The SUPs were to allow the following: a grocery store to exceed a maximum of 25,000 square feet of gross floor area and to allow a drive-through facility associated with a pharmacy; a drive-through facility associated with a bank for Lot 4; a drive- through facility associated with a fueling station for Lot 6; and to allow a drive-through facility associated with a bank for Lot 5. On January 10, 2007, the proposed development received an Alternative Development Plan (ADP) approval to deviate from the requirements of Subchapter 13 and 14 of the Denton Development Code. The ADP deviated from Subchapters 13 and 14 concerning number of parking spaces, orientation of building, pad site location, interior planting islands, and maximum setback for two rows of parking. On August 3, 2007, staff received an application for a Clearing and Grading Permit. On October 10, 2007, the Planning and Zoning Commission approved the Final Plat for the proposed development with a condition that the Final Plat will not be filed until TxDOT approves permits required for the improvements along Teasley Lane. On November 29, 2007, staff received revised landscape plans that showed all existing trees to be removed. On February 26, 2008, staff reviewed a revised tree inventory that showed all existing trees to be removed. On February 27, 2008, staff verified that all existing trees were removed on site. On March 3, 2008, staff met with the applicant to discuss the tree removal and the required mitigations. On March 10, 2008, the applicant submitted a check to the City of Denton in the amount of $20,500 for the mitigation of the existing trees removed. On March 11, 2008, staff received an application for a Building Permit (slab only). On March 12, 2008, staff issued the Building Permit (slab only). OPTIONS 1. Direct staff to proceed with mitigation 2. Direct staff to take another action 2 EXHIBITS 1. Letter from the applicant. 2. Proposed Landscape Plan 3. Tree Preservation Plan Prepared by: Ron Menguita Planning Supervisor Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development 3 EXHIBIT 1 2 EXHIBIT 3 BITIEXH AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 DEPARTMENT: Planning and Development ACM: Fred Greene, (940) 349-8354 SUBJECT- Salvo Center Application for relief from tree preservation/mitigation standards Receive a briefing, hold a discussion and give staff direction regarding an application for relief from tree preservation/mitigation standards under sections 35.13.7.A.4.h. and 35.3.11 of the Denton Development Code. The approximately 1.862 acre property is located at the southwest corner of Hickory Creek Road and Teasley Lane (F.M. 2181), and is part of a larger 16.422 acre commercial development. The property is within a Neighborhood Residential Mixed Use (NRMU) zoning district, and a pharmacy is proposed on the subject site. BACKGROUND Applicant: Salvo Real Estate Dallas, TX Salvo Real Estate Solutions is developing 16.422 acres at the southwest corner Hickory Creek Road and Teasley Lane (F.M. 2181) with a commercial development. Public improvements including the widening of Hickory Creek Road, and the upgrading of a regional drainage pond are currently under way on this property. The first lot proposed to be developed is a 1.862 acre property at the corner of the intersection of Teasley Lane and Hickory Creek Road, which is proposed to be a Walgreen’s store. The final plat for this property was approved in December 2007, however, it has not yet been filed pending the issuance of TxDOT permits for improvements on Teasley Lane. These improvements include a new signal light at the intersection of Teasley Lane and Hickory Creek Road, a driveway from Teasley Lane, and the crossing of the TxDOT right-of-way for utilities related to wastewater from the east side of Teasley Lane. After plat approval, staff issued a permit for the removal of 5 of the 18 trees on the 1.862 acre lot in order to accommodate the work on-site, while meeting the minimum preservation requirements through the preservation of thirteen trees along Hickory Creek Road. The preserved trees are fence row trees, however, which may not be able to be preserved due to their proximity to the ROW on Hickory Creek, and in order to permit development of the site, the applicant is requesting permission to remove the remaining trees. The applicant will not be able to meet the mitigation requirements of the Denton Development Code due to planting restrictions in easements on the site. Due to these circumstances, the applicant is requesting a waiver from the tree preservation/mitigation regulations under 35.13.7.A.4.h. of the Denton Development Code, which states: The applicant may file an application for relief from the Tree Preservation/Mitigation requirements in this Subsection pursuant to Subsection 35.3.11 on grounds therein specified to the City Council within ten (10) calendar days of the posting of the decision by the DRC. The Council shall decide the petition based upon the criteria in Subsection 35.3.11, which are as follows: Criteria for Approval. In deciding whether to grant relief to the applicant, the City Council shall consider whether there is any evidence from which it can reasonably conclude that the application of all or a part of the provisions of the Denton Development Code that apply to tree preservation may deprive the applicant of all economically viable use of the property, based on the following factors: 1.Whether there is a unique physical circumstance on the property. 2.Whether the proposed design has minimized the loss of trees to the extent possible. 3.Whether preservation and/or mitigation unduly burdens the development of the property. No previous cases have appealed to Council under this provision. As such, there is not a clear method or process in place for assessing and presenting these appeals, and no fees are in place for such appeals. This case is being presented to not only provide a briefing on this appeal, but to seek direction from Council on the processing of appeals under this provision in future and on any fees that should be imposed for these items. Prepared by: Jane Gurney, Planner I Respectfully submitted: Mark Cunningham, AICP Director, Planning and Development 2 AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a one-year extension to the depository services contract with Wachovia Bank, N.A.; and providing an effective date. The Investment Committee recommends approval (5-0). BACKGROUND On June 6, 2006, the City of Denton entered into a Depository Services Contract with Wachovia Bank, N.A. The contract terms allow for three additional one-year extensions after the period ending on May 31, 2008. The current one-year extension, under review, is for the period beginning June 1, 2008, and ending May 31, 2009. Wachovia Bank, N.A. is the primary depository for operations and payroll accounts, banking, depository, lockbox, merchant and internet credit card payment services. The Bank has formed third Account Analysis fees for the fiscal period ending September 30, 2007, were bank balances. Thus, net fees incurred were $100,909.27. The fee structure for the proposed contract amendment will remain unchanged. survey to gauge depository services provided to individual City divisions and departments. Survey results reflected that 78% of respondents were satisfied with depository services, 22% of respondents indicated they were extremely satisfied, and there were no respondents in the unsatisfied or extremely unsatisfied categories. RECOMMENDATIONS Staff is satisfied with the current banking relationship and recommends approval of a one- PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 19, 2006, the Investment Committee reviewed depository bids and unanimously re for City funds. Agenda Information Sheet April 1, 2008 Page 2 On June 6, 2006, City Council approved an ordinance designating Wachovia Bank, N.A. On February 19, 2008, Investment Committee unanimously recommended approval of a one-year extension to the depository services contract with Wachovia Bank, N.A. Exhibits 1. Depository Services Diagram 2. Ordinance Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2008 Summer Food Service Program; if such funding is granted, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Department of Human Services and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. BACKGROUND This free lunch program is designed to serve children in areas of low-income populations during the summer months when traditional school lunch programs are not in effect. This program is sponsored and funded by the United States Department of Agriculture, Food and Nutrition Service. This Summer Food Service Program is a continuation of the free lunch program that is offered during the school year. The Texas Department of Agriculture has made an effort through outreach to increase the number of cities participating in the program. Cold sack lunches will be prepared by the Denton Independent School District and served at the Park, 4) Quakertown Park, 5) Owsley Neighborhood, 6) Fairways at University Apartments, 7) Village East Apartments, 8) Fred Moore Park, 9) Borman Elementary Summer School, 10) Hodge Elementary Summer School, 11) Lee Elementary Summer School, 12) McMath Middle School, 13) Mack Park Apartments, 14) Rosemont Apartments, 15) VFP (Clayton Estates), and 16) Civic Center in Quakertown Park; other DISD and City sites may be implemented based on need. The total estimated cost for this program is approximately $98,500, which is reimbursed by the Texas Department of Agriculture. The Parks and Recreation Department first offered the Summer Food Service Program in 1992 at Denia Park, Phoenix Park, Fred Moore Park, Civic Center Park, and two summer school locations. At these six locations, a total of 14,776 lunches were served to children 1 through 18 years of age. The Summer Food Service Program has now expanded to 16 locations and, in 2007, 31,564 lunches were served at a cost of $90,456.66. OPTIONS Council may approve the contracts with the Texas Department of Agriculture and Special Nutrition Programs and Denton Independent School District in its entirety, deny the request, or ask staff to make modifications. - 1 - RECOMMENDATION Staff recommends approval of the proposed ordinance. ESTIMATED SCHEDULE OF PROJECT Summer lunches will be served from June 9, 2008 through August 15, 2008. No lunches will be served on Friday, July 4, 2008, in observance of the Independence Day Holiday. PRIOR ACTION/REVIEW The Denton Independent School District recommended approval to contract the preparation of cold sack lunches for this program when the issue was presented to their board on February 26, 2008. The program is scheduled for implementation on June 9, 2008. FISCAL INFORMATION Texas Department of Agriculture, which administers this grant, will reimburse all costs associated with the program. BID INFORMATION Not applicable. EXHIBITS Exhibits: 1. Ordinance 2. DISD Agreement 3. Exhibit A - Texas Department of Agriculture Food Nutrition Division Agreement Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Kathy Schaeffer, Kathy Schaeffer, Program Area Manager Parks and Recreation Department - 2 - AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 DEPARTMENT: Facilities Management ACM: Jon Fortune SUBJECT Consider adoption of a resolution of the City Council of the City of Denton, Texas, setting a maximum expenditure limit of $720,814 for the Police City Hall East expansion project; requiring monthly reporting to the City Council of those funds; and providing an effective date. BACKGROUND On February 12, 2008, Chief Minter described to the City Council the details regarding the proposed renovation/expansion of the Police Department offices. On March 4, the City Council approved a reimbursement ordinance of $500,000 so that the renovation/expansion project could begin. Included with the agenda information for the reimbursement resolution was a memo (attached) outlining the total estimated project costs and the method for construction management and status reporting. During the March 4 meeting, City Council requested that staff prepare a resolution to memorialize the total estimated project costs and the method and frequency of status reports. The attached resolution will establish the project budget at $700,814 for construction and $20,000 for construction management for a total of $720,814. ESTIMATED SCHEDULE OF PROJECT The project will start in April 2008 and end approximately July/August 2008. PRIOR ACTION/REVIEW (Council, Boards, Commissions) February 12, 2008 Presentation by Chief Minter. Reimbursement Ordinance # 2008-052 was passed on March 4, 2008. This allowed staff to sell bonds early in the amount of $500,000 to complete the design and begin construction in order to finish the project by August of 2008. FISCAL INFORMATION 2008 Bonds $500,000 2007 Bonds $ 36,946 2000 Bonds $163,868 Facilities Mgmt 2007-08 Budget $ 20,000 Agenda Information Sheet April 2, 2008 Page 2 EXHIBITS March 4, 2008 Memo Reimbursement Ordinance/Police 2008 Renovation Resolution Exhibit A-Budget Exhibit B-Report Respectfully submitted: Bruce Henington, Executive Director of Facilities Management & Fleet Services 604 E. Hickory*Denton, Texas 76205* (940) 349-7200 * Fax (940) 381-5313 D Bruce Henington, Executive Director Facilities Management & Fleet Services MEMORANDUM DATE: March 4, 2008 TO: Honorable Mayor and Members of the City Council FROM: Bruce Henington, Executive Director of Facilities and Fleet Services SUBJECT: Reimbursement Ordinance/ Police 2008 Renovation Facilities Management wanted to take this opportunity to provide more information on the proposed Reimbursement Ordinance and Police Expansion project and explain the need to start the project earlier than the annual summer bond sale. The following information will describe the components of the building expansion, the anticipated budget, and the management of the project. The 2007-08 Budget includes the issuance of $500,000 in Certificates of Obligation bonds to be sold this summer for City Hall East renovations (Police Dept. Expansion). At the February 12, 2008 City Council Planning Session, Police Chief Roy Minter described the Police Department Operations and the need for more space as soon as possible. The proposed Reimbursement Ordinance will allow staff to begin the design and construction of this project in March of this year rather than wait until later in the summer. The expansion includes the renovation of approximately 1,400 square-feet of existing space and approximately 7,600 square-feet of new space located on the east end of City Hall East in the area recently vacated by Morrison Milling. The renovation should accomplish the following: a. A new Traffic Section office for 10 people for use during all shifts b. A new larger Report Room for use by all shifts c. An office for the Traffic Sergeant d. Offices for the Investigators now housed in rental space e. Six new offices shared by 12 Patrol Sergeants f. A new office for the Operations Captain g. Three new offices for Operations Lieutenants h. A radio storage and battery charging room i. A Squad Room used by all shifts j. One office for the Reserves k. One office and store room for the Environmental Enforcement Officer l. A new Weight Training Room www.cityofdenton.com Reimbursement Ordinance/Police 2008 Renovation March 4, 2008 Page 2 The total construction cost of the project is estimated at approximately $700,000, excluding Facilities Management staff time for construction management, which is estimated to be approximately $20,000. Construction management is already a component and function of the Facilities Management annual operating budget and no additional resources are required. The $500,000 in COs sold this year will provide partial funding for construction of this project. Savings from other available CO from previously completed facility projects that came in under budget will be used for the balance of the $700,000. Facilities Management will be the general contractor on the project and will subcontract to local vendors as much as possible. It is not uncommon for Facilities to be the general contractor on small jobs or non complex jobs like the Police expansion. The advantages of this approach for this project include the following: 1. The expansion and renovations are in a sensitive and secure area which will need constant attention. 2. Serving as in-house general contractor will allow for an early project completion and possibly save money. 3. The project is not complex and will require minimal professional disciplines. An architect will be required (state law) to draw and stamp the wall structure, the electrical, and data systems. In this process, the architect will only have to hire one engineer. An electrical engineer will be needed to draw the service from an existing electrical panel located in the sally port of the Police Department to the new sub-panel that will be serving the added space. There are no structural changes, civil requirements, nor any water or waste water in the project. The air conditioning and heating system will be purchased with the board agreement. This agreement provides design and quoting documents so local vendors can quote on the installation. The architect will not oversee the construction since Facilities is overseeing the project daily. This process will save money on an fee. 4. Staff will follow all purchasing laws and procedures regarding quotes and bidding. The only discipline anticipated to be bid is the electrical portion and possibly the wall construction. When bids are not required, staff will obtain competitive quotes. Due to the expenditure authority of the City Manager, currently $100,000, it is likely that the majority of these expenditures will not require official action from the City Council. Upon approval of the Reimbursement Ordinance this project can begin immediately. Staff wanted to provide this additional detail since individual expenditure amounts for components of this project will be below the $100,000 approval limit requiring City Council approval. Total construction costs are estimated to at approximately $700,000. Construction management expenses are included as part of the Facilities Management annual operating budget. In the event of major project changes, changes in the scope of the project, or total project costs appear to exceed estimates as provided to City Council, further direction will be sought. Periodic process reports will be made to the City Manager and passed along to the City Council. AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of overhead primary and secondary electric distribution conductors for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3958-Annual Contract for the Purchase of Electric Distribution Conductors awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $705,000). The Public Utilities Board recommends approval (5-0). BID INFORMATION This bid is to supply un-insulated primary 15kV wire and insulated secondary 600V electric distribution conductors that Denton Municipal Electric (DME) uses to distribute primary and secondary overhead service. The electric conductor types covered by this bid are both bare and insulated electric conductors that are used in overhead electrical applications. Primary and secondary conductors are necessary to provide electric service. If a conductor is not available when existing overhead conductors fail, service restoration cannot occur and overhead service cannot be extended to new residential and commercial customers. Volatility in copper, aluminum, and steel prices has made it mandatory that a purchasing method be crafted that recognizes the reality of conditions in the marketplace. The attached Public Utility Board Agenda Information Sheet (Exhibit 1) provides a more detailed description of the bid process for this item. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its March 24, 2008 meeting. RECOMMENDATION Award to the lowest responsible bidder meeting specification for each item as listed below: ITEM NUMBER VENDOR AMOUNT 1, 4, 5, 7-10, 13, 14, 16 Wesco Distribution Exhibit A 2, 3, 11, 12,15,17,18 Stuart C. Irby Company Exhibit A Agenda Information Sheet April 1, 2008 Page 2 RECOMMENDATION(CONTINUED) Item 6 will not be awarded due to all bidders specifying a larger minimum quantity per order than Denton Municipal Electric requires. PRINCIPAL PLACE OF BUSINESS Wesco Distribution Stuart C. Irby Company Fort Worth, TX Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT Estimated delivery is six to ten weeks from date of order. FISCAL INFORMATION The items in this bid will be funded out of the Warehouse working capital account and charged back to the using department. EXHIBITS Exhibit 1: Public Utility Board Agenda Information Sheet (Without Exhibits) Exhibit 2: Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 3958 Exhibit 1 PUB AGENDA ITEM # PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET AGENDA DATE: March 24, 2008 DEPARTMENT: Utilities UTILITIES ACM: Howard Martin, 349-8232 ________________________________________________________________________ SUBJECT: Consider recommending approval of the line item unit prices in Bid #3958 and awarding an annual contract for the purchase for overhead primary and secondary electric distribution conductors to the two lowest bidders (Wesco Distribution and Stuart C. Irby both based in Fort Worth, Texas) in the estimated expenditure amount of $705,000. BACKGROUND: Bid #3958 is to supply un-insulated primary 15kV wire and insulated secondary 600V electric distribution conductors that Denton Municipal Electric (DME) uses to distribute primary and secondary overhead electrical service. The electric conductor types covered by this bid are both bare and insulated electric conductors that are used in overhead electrical applications. Primary and secondary conductors are necessary to provide electric service. If conductor is unavailable when existing overhead conductors fail, then restoration of service cannot occur, and overhead electric service cannot be extended to new residential and commercial customers. Volatility in copper, aluminum, and steel prices has made it mandatory that a purchasing method be crafted that recognizes the reality of conditions in the marketplace. On our previous bid #3941 for underground electric cables ten bids were received. Only one bidder provided pricing that met the requirements within the specification. Other bids either contained clerical errors, or bids were withdrawn because of sharply rising metal prices. The majority of bidders would not hold their quoted price long enough to allow for the C th completed. Council approved the purchase on March 4. That same week, the awarded manufacturer notified Purchasing that they could not honor their price due to a 20% increase in copper prices from the time they quoted to when final approval occurred. The process of requesting PUB and Council to approve a change order in the cable material prices was initiated thst immediately and is scheduled for the March 24 PUB and April 1 Council meetings. Because of the volatile market, a base price and escalation / de-escalation method was written into the specification for bare and insulated conductors. A base price was specified to establish a common point for evaluation of bids and to define the point where escalation / de-escalation would be applied. For escalation / de-escalation, a formula is utilized to adjust the price at the time an order is placed that will adjust the price based on the percent change in the cost of aluminum or copper using the specified base price as the starting point. 1 Exhibit 1 The metal base prices shown below were given in the specification as the reference metal price. Aluminum base: $115.82 per CWT (CWT = 100#) Copper base: $322.46 per CWT The indexes that will be used are: Aluminum Base = London Metal Exchange (LME) with Midwest Adder Copper Base = COMEX The price of each product will be increased or decreased at the time of order according to the following formulas: Aluminum Conductor or Cable: Unit price adjustment = (%Aluminum content) x (Amount of increase or decrease of the Aluminum Metal Base / CWT) Copper Conductor or Cable: Unit price adjustment = (% of Copper Content) x (Amount of increase or decrease of the Copper Metal Base / CWT) Amount of increase or decrease = Average price during the month prior to order / Specification base price Should the change increase or decrease more than 1%, then the price shall be adjusted in to request a price adjustment at the time of each order in writing. If no request is made, then it will be assumed that the original bid price will be in effect. Quantities for this purchase were based on review of planned projects for the next year and took into account historical conductor usage, existing warehouse inventory and approximately 8 miles of new planned transmission line construction projects from the Denton West Interchange to the RD Wells Interchange to the Hickory substation and to the Bonnie Brae Substation. Standard City of Denton purchasing procedures were followed, and 12 notices were provided to prospective bidders. Seven bids were received. The bid evaluations are summarized in Exhibit 1. OPTIONS: 1. Recommend approval of the unit pricing in Bid #3958 2. Do not recommend approval of the unit pricing in Bid #3958 RECOMMENDATION: DME recommends approval of the unit pricing in Bid #3958 and award line items 1, 4, 5, 7-10, 13,14, and 16 to Wesco Distribution and award line items 2, 3, 11,12, 15, 17 and 18 to Stuart C. Irby. Line item #6 will NOT be awarded since the bidders, which met the bid specifications for that particular conductor, required the City of Denton to purchase significantly larger quantities as a minimum order amount than required by DME to complete planned projects. 2 Exhibit 1 ESTIMATED SCHEDULE: A Purchase Order will be issued immediately after City Council approval with the conductors having an estimated delivery time of six to ten weeks. PRIOR ACTION/REVIEW (Council, Boards, Commissions): None FISCAL INFORMATION: Electric distribution conductors purchased under this agreement will be used for capital projects and funded from bonds once issued from City of Denton Warehouse stock. BID INFORMATION: Exhibit 1 is a summary of the bids. DATE SCHEDULED FOR COUNCIL APPROVAL: April 1, 2008 EXHIBITS: 1. Bid Evaluation Respectfully submitted, Phil Williams General Manager of Electric Utilities Denton Municipal Electric Prepared by: Chuck Sears Engineering Division Manager Denton Municipal Electric 3 ORDINANCE NO. ________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF OVERHEAD PRIMARY AND SECONDARY ELECTRIC DISTRIBUTION CONDUCTORS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3958-ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC DISTRIBUTION CONDUCTORS AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION FOR EACH ITEM IN THE ANNUAL ESTIMATED AMOUNT OF $705,000). 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 3958 1,4,5,7-10,13,14,16 Wesco Distribution Exhibit A 3958 2,3,11,12,15,17,18 Stuart C. Irby Company Exhibit A 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. 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¾®»¿µ·²¹ ¬®»²¹¬¸ ïèÒñßçèôðððÚÌ èíòêðû ßÔ ïèôïðð ´¾ò øÝ±¼» ²¿³» þÕ»¬¬´»þ ±² ëôððð ¬¿²¼¿®¼ ®»¬«®²¿¾´» ¬»»´ ®»»´ò÷ ß¼¼»²¼«³ ýïÒ±Ò± ß¼¼»²¼«³ ýîÇ»Ç» Ü»´·ª»®§ ½¿² ¾» ³¿¼» ©·¬¸·² ÁÁÁÁÁÁ ©»»µ ±º ®»½»·°¬ ±º ïðÍ»» ¾·¼ º±® ²±¬» ±®¼»®ò ß«¬¸±®·¦»¼ ¼·¬®·¾«¬±® ¾§ ¬¸» ³¿²«º¿½¬«®»®áÇ»Ç» Í»» ¾·¼ º±® Í»» ¾·¼ º±® ²±¬» Þ·¼¼»®ù Ý±³³»²¬ »¨½»°¬·±²òú »¨½»°¬·±²ò öÐ®·½» ¸¿´´ ¾» ¾·¼ ÚòÑòÞò Ü»²¬±² ö×¬»³ ï ¬± ê ¿®» ßßÝô é ¬± ç ¿®» ßÝÍÎô ïð ¬± ïê ¿®» ßÝÍÎ »®ª·½»ô ¿²¼ ïé ú ïè ßÝÍÍò 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 March 24, 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, March 24, 2008 at 9:00 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, Dick Smith, Phil Gallivan, Randy Robinson, Bill 11 Grubbs, Bill Cheek (arrived at 9:03 a.m.), and John Baines (arrived at 9:08 a.m.) 12 : 13 Ex Officio Members 14 Howard Martin, ACM Utilities 15 Absent 16 : George C. Campbell, City Manager, excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 Board Member Bill Grubbs pulled Item 3 for individual consideration. 24 25 26 2) Consider recommending approval of the line item unit prices in Bid #3958 and awarding an 27 annual contract for the purchase for overhead primary and secondary electric distribution 28 conductors to the two lowest bidders (Wesco Distribution and Stuart C. Irby both based in 29 Fort Worth, Texas) in the estimated expenditure amount of $705,000. 30 Board Member Randy Robinson moved to approve Item 2 with a second from Board 31 Member Dick Smith. The motion was approved by a 5-0 vote. 32 33 ITEMS FOR INDIVIDUAL CONSIDERATION: 34 35 36 3) Consider recommending approval of an Ordinance authorizing the City Manager to execute 37 change order number one to the contract between the City of Denton and Techline, Inc.; 38 providing for the expenditure of funds therefore; and providing an effective date (Bid 3941- 39 Single Purchase of Electric Distribution Cables Change Order Number One as reflected in 40 Exhibit 2 in the estimated amount of $245,000). 41 42 Board Member Grubbs questioned the option of installing overhead lines in a designated 43 underground utility area and what would be the impact. Chuck Sears, Engineering Division 44 Manager, stated that at this time staff is trying not to install overhead lines; however, there is one 45 area in the north side of the Razor Ranch project where Rayzor Ranch has asked DME to install 46 an overhead due to uncertainties as to where buildings are going to be. It is less than ½ mile in 47 total length. Phil Williams, General Manager DME, stated that lines would be installed behind 48 the big boxes, not on the street or behind the stores. Board Member Grubbs moved to approve with a second from Board Member Phil 49 Gallivan. The motion was approved by a 6-0 vote. 50 Draft Minutes of the Public Utilities Board meeting March 24, 2008 2 of 3 1 2 6) Consider recommending approval of awarding a Management Study of Electric Utility and 3 Support Services to Navigant Consulting, Inc., based on proposal evaluation criteria, as 4 provided for in the Request for Sealed Proposal #3930 in the amount of $259,750. 5 6 Howard Martin, ACM Utilities, called on Phil Williams to present. Williams stated that all city 7 utilities are required by the City Charter to conduct a management study every ten years. Staff 8 prepared an RFSP and had three groups respond with very detailed proposals. Based on 9 proposed evaluation criteria city staff reviewed the proposals, had the two finalists make 10 presentations and determined that Navigant, with more Texas based people, had a better 11 understanding of the Texas market and would therefore provide a good study. 12 13 Williams at the request of Martin reviewed the components of the study which are: 1) DME 14 Operation and Management Review, 2) DME Power Supply Review, 3) NERC Compliance 15 Requirements, 4) Establishment of Special Purchasing Guidelines for DME, and; 5) Additional 16 Areas of Study which will include a review of the DME warehouse support services. 17 18 Chair Newell reminded the Board that it had an opportunity for input on the components of the 19 study back in November 2007 and had agreed that these were the items to be included in the 20 study. 21 22 Gallivan stated that to him the most important is Task 2 DME Power Supply Review. 23 24 Board Member Robinson asked what the time frame was. Williams replied Council approval is 25 scheduled for April 1 with the study beginning in May with an estimated completion in 12 26 weeks. 27 Board Member Smith moved to approve with a second from Board Member Gallivan. The 28 motion was approved by a 6-0 vote. 29 30 31 7) Consider recommending approval of awarding a Management Study for Water and 32 Wastewater Utilities and Support Services to Matrix Consulting Group, based on proposal 33 evaluation criteria, as provided for in the Request for Sealed Proposal #3962 in an amount 34 not to exceed $59,000. 35 Chair Newell recused Board Member John Baines whose firm had submitted a proposal. 36 37 38 Martin called on Jim Coulter, Director of Water Wastewater Utilities, to present. Coulter stated 39 this study is also required and that staff received 6 proposals for this project and that the scope 40 and the process of how staff reviewed the submittals and rankings are included in the backup. 41 Additional areas of Engineering and Customer Service were included in this study. Staff noticed 42 that the Customer Service area had been included in both studies and staff has agreed to enter 43 into negotiations with the selected vendors to combine this portion and ensure criteria from both 44 requests are met. There may be some adjustment in the water wastewater dollar amount or it 45 may be applied to an increase in the Engineering analysis. 46 Board Member Grubbs asked if the budgeted amount was the same as the bid amount. Coulter 47 replied $60,000. Grubbs replied that it was pretty close. Draft Minutes of the Public Utilities Board meeting March 24, 2008 3 of 3 Board Member Smith moved to approve with a second from Board Member Gallivan. The 1 motion was approved by a 6-0 vote. 2 3 4 Chair Newell asked if the city had any experience with Matrix. Martin replied staff has had 5 some experience with Matrix and it has been positive. 6 7 The meeting was adjourned by consensus at 11:19 a.m. 8 AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-7144 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Third Amendment to Professional and Personal Services Agreement relating to engineering services performed by Intera, Inc. for the City of Denton, Texas (in the additional amount of $40,682.40, for a grand total of $138,524.40 for the original, First and Second Addendums thereto); authorizing the expenditure of funds therefor; and providing an effective date. (File 3736-awarded to Intera, Inc. in an amount not to exceed $138,524.40). The Public Utilities Board recommends approval (7-0). FILE INFORMATION This Amendment is to fund additional technical consultation and field services to be performed by Intera, Inc. to complete the investigation into PCB contamination at the Spencer Pole Yard. A complete description of the project is included in the attached Public Utility Board Agenda Information Sheet (Exhibit 1). The two proposals included in the Third Amendment are attached as Exhibit 2 ($21,066) and Exhibit 3 ($14,310). In the event that after the completion of all tasks in the proposals, additional report writing and/or additional testing is required, an additional contingency amount of $5,306.40 for report writing and further testing and boring is also included. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its March 10, 2008 meeting. RECOMMENDATION Approve the Third Amendment to a Professional Service Agreement with Intera, Inc. in the amount of $40,682.40 for a total expenditure amount not to exceed $138,524.40. PRINCIPAL PLACE OF BUSINESS Intera, Inc. Austin, TX Agenda Information Sheet April 1, 2008 Page 2 ESTIMATED SCHEDULE OF PROJECT The termination date of this Agreement shall be upon the earliest to occur of the following events: completion of the work described in the Third Amendment and in the attached Exhibits 2 and 3; or upon the depletion and exhaustion of the $40,682.40 amount provided for in this Third Amendment; FISCAL INFORMATION This Amendment will be funded from account 600001.7855.9300. EXHIBITS Exhibit 1: Public Utilities Board Agenda Sheet (Without Exhibits) Exhibit 2: Proposal dated January 28, 2008 Exhibit 3: Proposal dated January 31, 2008 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3736 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #3 AGENDA INFORMATION SHEET AGENDA DATE: March 10, 2008 DEPARTMENT: Electric Utility ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider recommending approval of additional expenditures to complete the investigation into PCB contamination in the Spencer Pole Yard site in the amount of $40,682.40 which brings the total expenditures to Intera, Inc. (Intera) to $138,524.40 in the last 12 months. BACKGROUND On August 24, 2006, the Texas Commission on Environmental Quality (TCEQ) opened an DME pole yard at 1701C Spencer Rd. and improper removal and disposal of an oil storage tank from the Hickory sub-station at 101 N. Bonnie Brae St. in Denton. An investigator visited the sites and following a lengthy review of documentation, the TCEQ recommended in December of 2006 that additional sampling be conducted at the Spencer site to determine the extent of subsurface and near surface contamination under the provisions of 30 TAC Chapter 350 the Texas Risk Reduction Program (TRRP). Under TRRP, the Residential Protective Concentration Limit (PCL) is 1.1 mg/kg. The US EPA assessment level for soil is the Toxic Substances Control Act (TSCA) is 1.0 mg/kg and comes into play whenever concentrations over 50 mg/kg have ever been detected. If no concentrations exceed 50 mg/kg the PCL is then 7.7 mg/kg for removal. Additionally, given the plans to complete the paving of the Spencer site, concentrations of 25 100 mg/kg can be left in place if capped. There are currently three locations with concentrations above 7.7 mg/kg, the highest of which is 13.49 mg/kg. Cirrus Associates, LLC (Cirrus) was contracted with for the initial sampling and testing. Following the initial sampling, testing, and reporting of the results, DME Staff was concerned that Cirrus lacked the expertise in this instance to complete the process and develop the reports needed for closure. Following a search for firms with the requisite depth of expertise and with a recommendation from outside environmental counsel, a new agreement was entered into with Intera, Inc. To date, three sets of soil samples from what has become an expanding area of the Spencer site have been analyzed. A diagram of the sample locations and the results is attached with the proposed sampling sites annotated in blue. The area of concern has been delineated on three sides, but one sample showing contamination of 1.5 mg/kg remains on the periphery which gives cause for further sampling and testing. Additionally, a test well was sunk on the site to sample Exhibit 1 AIS PUB Agenda Item #3 March 10, 2008 Page 2 of 2 groundwater as an added assurance that this mild contamination was indeed stationary on the site and had not affected the groundwater, as the test results confirmed. This well will be pulled and capped during this round of sampling. Once sufficient sampling is conducted to fully delineate the extent of the contaminated soil, Intera will compile an Affected Property Assessment Report (APAR) for submittal to the TCEQ. Additionally, Intera will compile and submit a Response Action Plan (RAP) which will spell out for TCEQ our remediation plan. OPTIONS 1. Recommend the approval of the additional funds for Intera to complete the sampling and testing, write APAR, and the RAP. 2. Seek out and contract with another environmental firm to complete the testing and sampling, write the RAP while Intera continues and writes the APAR. 3. Seek out and contract with another environmental firm to complete the testing and sampling, write the APAR and RAP. RECOMMENDATION DME recommends option 1. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council action was not previously required. FISCAL INFORMATION Account 600001.7855.9300 BID INFORMATION Not Applicable DATE SCHEDULED FOR COUNCIL APPROVAL April 1, 2008 EXHIBITS 1. Intera proposal for additional sampling and testing. 2. Diagram of previous sampling, test results, and proposed sampling locations. 3. Intera proposal for Response Action Plan. Respectfully submitted, Phil Williams, Electric General Manager Prepared by Phil Rennaker, Purchase Power Specialist Exhibit 2 Intera Incorporated 1812 Centre Creek Drive Suite 300 Austin, Texas 78754 Telephone: 512 425 2000 Fax: 512 425 2099 28 January 2008 Mr. Phil Rennaker Privileged and Confidential Denton Municipal Electric External Affairs 901A Texas St. Denton, TX 76209 Subject: Proposal for Additional Soil Sampling at Spencer Road Pole Yard Dear Phil: INTERA Inc. (INTERA) is pleased to provide this proposal to continue providing technical consultation and field services to Denton Municipal Electric (DME). The proposed work is to follow up on the results from the previous sampling efforts to delineate the extent of polychlorinated biphenyls (PCBs) in soil at selected locations. The selected locations are areas in which previous samples have had reported analytical results indicating the presence of PCBs. The additional characterization sampling at these locations is intended to establish the horizontal and vertical limits of these affected areas. The specific scope of work and proposed budget is presented below. SCOPE OF WORK The scope of work for this assignment is to implement the necessary steps to collect soil samples, have the samples analyzed by our subcontracted laboratory, and evaluate the reported results. The results and our evaluation will be presented initially in a figure and an email for communication and discussion purposes. We plan to prepare an Affected Property Assessment Report (APAR) after the affected areas are fully delineated as this is required by the Texas Commission on Environmental Quality (TCEQ) and the data will be incorporated in the APAR. The scope of work and budget for an APAR has been previously budgeted and approved. The overall project proposed herein can be separated into the following components: Pre-mobilization planning and coordination Modify the subcontract and coordinate with a drilling company Obtain sample containers from analytical laboratory Fieldwork Establish sampling locations Prepare equipment decontamination and waste management areas Collect soil samples, package and ship to laboratory EXHIBIT 1 Privileged and Confidential Mr. Phil Rennaker 28 January 2008 Page 2 Prepare boring logs for subsurface samples Coordinate analyses with laboratory Evaluate reported analytical results Summarize results The proposed sampling locations are based on the results from delineation sampling performed initially at the historical locations identified as B-2. Additional sampling in this area (sample B-122 on Figure 1 attached) has indicated a sample at a depth of four feet with a PCB concentration of 2.388 mg/kg-dry. Additionally, surface soil sample results at sample B-133 indicate PCBs at a concentration of 1.499 mg/kg. Additional soil delineation at depth in the area of B-122 and south of B-133 is necessary to determine the horizontal and vertical extent of the affected soil. INTERA recommends collecting the samples at B-122 and the 8 sample locations surrounding it at depths of 6 and 8 deep. Samples south of B-133 will be collected using the current grid design for three additional rows at the surface, 2, 4, 6, and 8 feet deep. This plan results is a total of 145 individual samples with an additional 8 QA/QC samples. INTERA will stage the analyses of the samples starting at the previous sample location and only analyze the necessary samples to achieve delineation to 1 ppm. The holding of some samples and subsequent analyses will be performed within the constraints of the 14-day hold time for Method 8082, the PCB analytical method. INTERA has planned for the driller to provide a clean 55-gallon drum for collection of Investigation Derived Waste (IDW) such as soil boring debris. We have budgeted for waste characterization sampling of the IDW and will provide that information to DME. We anticipate that DME will arrange for the ultimate disposal of the IDW in coordination with your other waste shipments. As mentioned above, INTERA will summarize the results of the additional soil sampling in an email to DME. The summary will include tabulation of the data, a figure indicating the sampling locations, and a comparison to the applicable standards. The summary will also include recommendations for the next step in the process of addressing the site. SUBCONTRACTOR PARTICIPATION As with the previous sampling events, INTERA will subcontract with DHL Analytical Lab for sample analyses and Magna Core Drilling and Environmental Services to provide the direct push drill rig. Privileged and Confidential Mr. Phil Rennaker 28 January 2008 Page 3 BUDGET We have developed a budget estimate for this scope of work based on the terms and conditions of the existing contract between DME and INTERA. We propose to perform this work on a time and materials basis. DME will be invoiced only for actual labor and expenses incurred plus markup on subcontractors. As indicated in the attached table, the total estimated budget is $21,066. The budget table presents a breakdown of the estimated hours and expenses. The budget estimate is based on 1 day of fieldwork to collect the recommended samples and travel and preparation time before and after mobilizing to the field. SCHEDULE The project team is prepared to begin work on this assignment at the time of DME authorization. The initial effort will include coordination with the lab and driller and assigning staff. The timetable for performing the field work will be dependent on the availability of the driller. SUMMARY INTERA is very pleased to have the opportunity to assist DME by providing technical assistance for environmental investigation and closure activities at the Spencer Road Pole Yard. Please let me know if you have any questions or comments about this proposal. Sincerely, Richard A. Scadden, P.E. Sr. Engineer Attachment ×ÒÌÛÎß Þ«¼¹»¬ Û¬·³¿¬» Ü»²¬±² Ó«²·½·°¿´ Û´»½¬®·½ Í°»²½»® Î±¿¼ Ð±´» Ç¿®¼ Í±·´ Í¿³°´·²¹ Ì¿µ ïëÌ¿µ ïêÌ¿µ ïéÌ¿µÌÑÌßÔ Ð®»óÓ±¾Í±·´ Ô¿¾ Ý±±®¼ÌÝÛÏ ¿²¼ Í¿³°´·²¹¿²¼ Ý±±®¼ò Ð®±¶»½¬ Í»¬«°Ü¿¬¿ Ûª¿´ò ¸±«®½±¬¸±«®½±¬¸±«®½±¬ Ô¿¾±®Î¿¬» Ð®·²½·¿´üîððòððüðüðüðüððüð ° ïëëòððîüíïðïüïëëîüíïðüðëüééë Sr. Engineer/Scientist II (Scadden) ïïëòððüðüðüðüððüð Sr. Engineer/Scientist IV èëòððîüïéðîðüïôéððîðüïôéððüðìîüíôëéð Engineer/Scientist II éëòððîüïëðîðüïôëððüðüðîîüïôêëð Engineer/Scientist III êëòððüðüðüðüððüð Engineer/Scientist IV Ù®¿¸·½ñÙ×ÍñÝßÜÜêëòððüðüðèüëîðüðèüëîð ° ß¼³·² Í«±®¬ëðòððüðüðüðüððüð °° ÍËÞÌÑÌßÔüêíðüíôíëëüîôëíðüðüêôëïë Û¨°»²» Ì®«½µ Î»²¬¿´üïððòððíüíððíüíðð Ù¿ º±® ¬®«½µ ø«²·¬÷üëðòððîüïððîüïðð ÙÐÍ «²·¬ ø¼¿·´§ ó ðòë ³ ®»±´«¬·±²ñ¾¿½µ¿½µ ó É»¬»®² Ü¿¬¿÷üçëòðððüððüð ° Ð»®·¬¿´¬·½ Ð«³ ©ñ ±©»® ±«®½» øÓ¿¬»®º´»¨ ó Ú¿®® É»¬÷üíëòðððüððüð °° Ø±®·¾¿ Ó«´¬·³»¬»® ©ñ Ú´±©ó¬¸®±«¹¸ Ý»´´ øÚ¿®® É»¬÷üèëòðððüððüð Ì«¾·²¹ º±® «³üîïòðððüððüð °° Ð«³ ¿²¼ Ó«´¬·³»¬»® Í¸··²¹üîðòðððüððüð °°° Ü·±¿¾´» Ý¿³»®¿ ¿²¼ ®±½»·²¹üìðòððïüìðïüìð °° Ó·½ò «´·» ø¹´±ª»ô Ü× ©¿¬»®ô ¿»® ¬±©»´ô ·½»ô ¦·´±½÷üïððòððïüïððïüïðð °°°°° Ü»½±²¬¿³·²¿¬·±² «´·» ø¾«½µ»¬ñ¾®«¸»ñ¿´½±²±¨÷ ø»® ¼¿§÷üîðòððïüîðïüîð °°° Ô±¼¹·²¹ øüñ¼¿§÷üïîðîüîìðîüîìð Ó»¿´ øüñ¼¿§÷üìíìüïéîìüïéî Ú»¼Û¨ ø¿³´» ¸··²¹÷üéëðüððüð °°° Þ·²¼»®ñÒ±¬»¾±±µ øüîð »¿½¸÷üîðüððüð ÍËÞÌÑÌßÔüçéîüçéî Í«¾½±²¬®¿½¬±® ÜØÔ ß²¿´§¬·½¿´ ÐÝÞ ·² ±·´ øëó¼¿§ ²±®³¿´ ÌßÌ÷üéëïìëüïðôèéëïìëüïðôèéë ÎÝÎß Ó»¬¿´ ·² ±·´ ø×ÜÉ ½¸¿®¿½¬»®·¦¿¬·±²÷ üïððüððüð ÊÑÝ ·² ±·´ ø×ÜÉ ½¸¿®¿½¬»®·¦¿¬·±²÷üïîðüððüð ÍÊÑÝ ó ±·´ ø×ÜÉ ½¸¿®¿½¬»®·¦¿¬·±²÷üîððüððüð ÌÐØ ÌÈïððë ó ±·´ ø×ÜÉ ½¸¿®¿½¬»®·¦¿¬·±²÷üëëüððüð ÌÐØ ÌÈïððê ó ±·´ô ·º ²»»¼»¼ º±® ×ÜÉüîîëüððüð Øüïëðüððüð ° Ì±¬¿´ ±®¹¿²·½ ½¿®¾±²ó ±·´üëðüððüð üïðôèéëüïðôèéë Ô¿¾ Í«®½¸¿®¹» º±® ÌÎÎÐ Î»±®¬·²¹ øëû÷ëûüëìüëì ° üïðôçîçüïðôçîç Ü®·´´·²¹´«³üïôìïëüïôìïë ° Ì±¬¿´ Ý±¬ º±® «¾½±²¬®¿½¬±®üïîôíììüïîôíìì ×ÒÌÛÎß Ó¿®µ« ±² «¾½±²¬®¿½¬±®ïðûüïôîíìüïôîíì ° ÌÑÌßÔ üêíðüïéôçðêüîôëíðüðüîïôðêê ½¸»½µæüîïôðêê EXHIBIT 2 Exhibit3 ORDINANCE NO. 2008-_________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO PROFESSIONAL AND PERSONAL SERVICES AGREEMENT RELATING TO ENGINEERING SERVICES PERFORMED BY INTERA, INC. FOR THE CITY OF DENTON, TEXAS (IN THE ADDITIONAL AMOUNT OF $40,682.40, FOR A GRAND TOTAL OF $138,524.40 FOR THE ORIGINAL AGREEMENT, FIRST AND SECOND ADDENDUMS THERETO); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to continue to engage the engineering firm, Intera, Inc., a Corporation, of Austin, Texas (hereafter “Intera”), to provide additional services respecting the alleged trace amounts of polychlorinated biphenyls (“PCB”) located near the Spencer Plant location; and the City Council is of the opinion that Intera is performing professional services that benefit the city; and that the city has been satisfied as to both the quality and the price of Intera’s work regarding this engagement; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-referenced professional engineering services, and that limited City staff cannot adequately perform the highly specialized services and tasks with its own personnel and that the retaining of an licensed Texas engineer who is experienced in this area is in the city’s best interests; and WHEREAS, the Public Utilities Board of the City of Denton has considered this Third Amendment to Professional and Personal Services Agreement (hereafter the “Third Amendment”) and has recommended approval thereof by a vote of 7 to 0 at its regularly scheduled meeting of March 10, 2008: and WHEREAS, Chapter 2254 of the Texas Government Code, known as the “Professional Services Procurement Act,” generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations in the preamble are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2: The City Manager is hereby authorized to execute a “Third Amendment to Professional and Personal Services Agreement” (hereafter the “Third Amendment”) with Intera, Inc., a Texas Corporation of Austin, Texas for an additional amount not-to-exceed $40,682.40 for further professional services (resulting in a total expenditure authority of not to exceed $138,524.40 including the Original Agreement, the 1 First Addendum, and the Second Addendum); in substantially the form of the Third Amendment attached hereto as Exhibit “A” and incorporated herewith by reference. SECTION 3: The award of this Agreement by the City is on the basis of the continued demonstrated competence, knowledge, and qualifications of Intera and the continued demonstrated ability of Intera to perform the services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided in the attached Third Amendment is hereby authorized. SECTION 5: This ordinance shall be effective from and after the date of 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: __________________________________ 2 PUBLIC UTILITIES BOARD AGENDA ITEM # 5 1 2 3 DRAFT MINUTES 4 PUBLIC UTILITIES BOARD 5 March 10, 2008 6 7 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 8 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 9 Monday, March 10, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton 10 Service Center, 901-A Texas Street, Denton, Texas. 11 Present: 12 Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, John Baines, 13 Randy Robinson and Bill Grubbs 14 15 Ex Officio Member: 16 Howard Martin, ACM Utilities 17 Absent: 18 Ex Officio Member: 19 George Campbell, excused 20 OPEN MEETING: 21 22 CONSENT AGENDA: 23 24 25 has had an opportunity to raise questions regarding this item prior to consideration. 26 Board Member Bill Cheek pulled Item 1 for individual consideration. 27 28 ITEMS FOR INDIVIDUAL CONSIDERATION: 29 30 31 1) Consider the approval of Bid No. 3948, submitted by Caliber Construction, Inc., Denton, 32 Texas, for the construction of the landfill scale house, located at the City of Denton Landfill, 33 in the amount of $349,570. 34 35 Cheek asked if this item would exceed the initial budgeted amount, and if so, how much. Vance 36 Kemler, Director of Solid Waste, replied he did not think that it would go over budget. Cheek 37 asked how much Jamail received in payment. Kemler replied Jamail received approximately 38 $90,000 for surveying, engineering and related matters that were all preliminary. Cheek asked if 39 the budget amount was $450,000 or $350,000 including that dollar amount. Kemler replied the 40 budgeted amount would be closer to $450,000. Cheek asked if the entire budgeted amount 41 would be spent. Kemler replied that it would. 42 43 Chair Charldean Newell suggested that, for future agenda items, it would be useful for staff to 44 present the running total of construction items; what the original budget was; and what the 45 amounts were with change orders or other additional expenses. 46 47 Board Member John Baines asked what a landfill scale house is. Kemler replied it is a term used 48 in the solid waste industry for buildings that are used to handle customers coming in for 49 composting, recyclables, etc. Baines asked what staff is using now. Kemler replied the existing Draft Minutes of the Public Utilities Board meeting March 10, 2008 2 of 5 1 facility was a temporary manufactured building that has exceeded its useful life and must be 2 replaced. 3 4 Board Member Dick Smith asked that the Board receive a report of any overruns on this project. 5 Board Member Baines moved to approve the item, with a second from Board Member Phil 6 Gallivan. The motion was approved by a 7-0 vote. 7 8 9 2) Consider recommending approval of the Public Utilities Board meeting minutes of: 10 a. February 25, 2008 11 The minutes were approved as circulated. 12 13 14 3) Consider recommending approval of additional expenditures to complete the investigation 15 into PCB contamination in the Spencer Pole Yard site in the amount of $40,682.40, which 16 brings the total expenditures to Intera, Inc. (Intera) to $138,524.40 in the last 12 months. 17 18 Howard Martin, ACM, called on Phil Williams, General Manager, DME, to present this item. 19 Williams stated these expenditures are part of a continuation of a TCEQ investigation. Samples 20 have been taken from around the site, and no contamination was found, with the exception of the 21 very back of the property along the fence line. Chair Newell asked where the original site was 22 located. Phil Rennaker, Purchase Power Specialist, replied it was in the middle of the property 23 several hundred feet away from this area. This is the last site on the property and is probably 24 where soil has washed for years. Offering a perspective, Williams stated the contamination is 1 th 25 milligram per kilogram. A kilogram is 2.2 pounds so the contamination is equal to 1,000 of a 26 Sweet and Low packet, which is 13.5 milligrams per kilogram. 27 28 Smith asked if staff was changing firms. Rennaker replied in the beginning staff used Cirrus 29 and became concerned that Cirrus lacked the expertise to complete the process and develop the 30 reports needed for closure. Smith asked if staff was confident in selecting Intera. Rennaker 31 replied absolutely. The project keeps growing, but given all the sampling previously done, staff 32 did not think an enormous contaminated area would be found. Contamination is at a low level, 33 but testing needs to be continued until staff can properly delineate where the contamination is 34 and clean it up. Also, there are two very detailed reports that must be prepared once the site is 35 delineated; Intera will prepare those reports. One of those reports will be an action plan 36 submitted to the TCEQ. Intera does not necessarily have to be part of the cleanup. The concern 37 was to have the best and most knowledgeable people helping do the assessment correctly. 38 39 Grubbs asked at what point the contamination becomes hazardous to employees. Williams 40 replied when investigations first started , the contamination level was 50mg per kg. 41 Rennaker stated if contamination was found in a residential area, cleanup would be to 1.1 42 milligram per kg. Grubbs asked if capping would be accomplished with concrete. Williams 43 replied that is a possibility, but a determination has not yet been made. Grubbs asked if it can be 44 assumed that if the soil samples come back clean, the contamination is contained to that low 45 area. Williams replied yes. 46 Draft Minutes of the Public Utilities Board meeting March 10, 2008 3 of 5 Board Member Cheek moved to approve the item, with a second from Board Member Bill 1 Grubbs. The motion was approved by a 7-0 vote. 2 3 4 4) Receive a report and hold a discussion regarding the Water and Wastewater Forecasts. 5 6 Howard Martin called on Tim Fisher, Assistant Director of Water Utilities, to make the 7 presentation. Fisher stated it had been interesting trying to forecast the last couple of years as 8 staff have encountered variability in weather and population projections. 9 10 Chair Newell reminded the Board that it will notice that there are different population figures 11 having to do with services. Board Grubbs asked if that has to do with some customers having 12 water, but no electric or sewer, or no electric but water, etc. Newell replied yes, the service 13 areas vary. 14 15 Fisher pointed out that water service areas are very similar to the wastewater service areas with 16 the exception of the area that was single certified with Argyle and the Bolivar decertification 17 issue from over a decade ago. 18 19 Fisher stated that population estimates received from the Planning Department tended to show a 20 higher growth rate over the last few years than what was actually correct. These data are 21 adjusted annually to reflect any changes that may affect the population estimates. The major 22 changes to the forecasts this year are based on revised population growth assumptions. The 23 annual population growth percentage estimates over the next 20 years have been reduced and 24 now vary from 3.2% to 4.2% compared to previous rates of 3.7% to 5.0%. A slower population 25 growth delays the need for major plant additions/expansions and some other major capital 26 requirements. 27 28 Additional treatment plant capacity will be needed prior to the summer of 2017 when previously 29 the expansion was projected for the year 2014. The current plan now is to expand the Lake Ray 30 Roberts treatment plant from 20 to 50 MGD. 31 32 Martin asked the Board to remember that during the budget process last year, in the fifth year of 33 the CIP, staff was seeing rather large numbers related to the expansion of our treatment facilities. 34 What Fisher is was telling the Board is that, because of revised population figures, the expansion 35 projects will not be included in the CIP. 36 37 Fisher stated there are needed capital improvements that staff is trying to move forward. The 38 largest is the rehabilitation of the water plant, a project that means, in the short term, revenue 39 projections will be down. Another item that drives the budget is the timing of when the city will 40 need to buy additional surplus water supplies through its Dallas contract. I, 41 staff projected that there may be the need to begin purchases of raw water from Dallas as early as 42 2013 that number is moving out to 2015. 43 44 Chair Newell asked about 45 entered into a 30-year contact with Dallas in 1985 and it will need to be renewed in 2015. Draft Minutes of the Public Utilities Board meeting March 10, 2008 4 of 5 1 Fisher asked the Board to keep in mind that the large capitalized items have been pushed out 2 further, but that the revenue generated short term will also be a little bit tighter. Staff will be 3 proposing a 3 percent rate increase for a successive series of years. 4 5 Martin stated that the Planning Department is currently reviewing the process used to project 6 population and determine if it can be improved; Martin noted that he would not be surprised to 7 see projected growth figures drop even further. Staff will need to take any changes into account 8 in future budget years. 9 Martin then called on P.S. Arora, Assistant Director of Wastewater Services, to present the 10 Wastewater forecast. 11 12 Chair Newell stated that Arora may want to remind the Board why the governmental category no 13 longer exists. Arora stated that about 9 years ago the government was combined with the 14 commercial customers. Those customers were Krum, Corinth, Argyle and a small subset, which 15 is a small development in Shady Shores. Martin stated that the governmental class for many 16 years was segregated. Around 2000 staff took a look at all of the governmental water usage, 17 consumption figures, time of day usage, and found there really was not any difference between 18 the two classes and it was decided at that point to collapse the two into a commercial rate. 19 20 Arora stated that projected wastewater treatment volumes indicate that additional treatment 21 capacity in the Hickory/Pecan/Cooper Creek Basins will be needed by approximately 2025, a 22 delay of 7 years compared to the previous forecast. However, peak wet weather flows reaching 23 the plant will exceed the raw influent wastewater pumping capacity and additional pumping 24 capacity will be required at the Pecan Creek plant to control wet weather induced overflows in 25 the collection system. Construction of two wet weather pump stations, two wet weather peak 26 flow storage ponds, and the 48-inch State School interceptor sewer will be included in the 27 updated 5-year CIP. 28 29 The collection system computer model indicates the Hickory Creek Pump Station will not be 30 adequate for the upcoming 5-year CIP. The Graveyard Branch lift station and force main will be 31 included in the updated 5-year CIP. 32 33 Arora stated that options for wastewater service in the Clear Creek/Milam Creek Basin have 34 been developed and the recommended option of constructing an interim lift station will provide 35 wastewater service in this basin and move back the construction of the Clear Creek Water 36 Reclamation Plant by 6 to 10 years. Arora noted that resolution of Craver Ranch issues may 37 affect the Clear Creek Plant schedule. 38 39 Martin asked Arora to speak to the Clear Creek Wastewater Treatment Plant and the timing 40 associated with that. Arora stated that last year the city entered into an agreement with the Hills 41 of Denton to take over the construction of Phase I of the wastewater system, which includes a 42 section of the receptor which comes off of its property at Locust Street. The sewer line and a lift 43 station, which is a temporary station, will have a capacity of 1.8 million gallons per day that will 44 serve about 1700 homes. Discussions with the developer indicate that there will be not be any 45 houses coming in until 2009 at the earliest. Using that time frame, staff estimates it could be 6 to 46 10 years before construction of Phase II, which, at that time, would include the continuation of Draft Minutes of the Public Utilities Board meeting March 10, 2008 5 of 5 1 the sewer line from the lift station taking it all the way beyond Sherman Drive and continuing 2 east to a designed wastewater plant. That plant is permitted for 950,000 gallons per day. 3 Smith asked whether he was hearing that Phase I will be installed as agreed upon and in the same 4 time frame. Arora replied it would be based on the agreement, and that after 2009 it will be up to 5 the City and the developer to extend that agreement. 6 7 5) ACM Update: 8 9 There were no updates. 10 11 6) New Business This item provides an opportunity for Public Utilities Board members to 12 suggest items for future agendas or to request information from the Assistant City Manager 13 for future meetings. 14 15 There was no new business. 16 17 7) Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the 18 Texas Government Code, as amended. 19 20 There was no continuation of a closed meeting item. 21 22 The meeting was adjourned by consensus at 10:04 a.m. AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler 349-8044 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of a Scale House at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (Bid 3948-Landfill Scale House Construction awarded to the lowest responsive bidder meeting specification Caliber Construction, Inc. in the amount of $349,570). The Public Utilities Board recommends approval (7-0). BID INFORMATION This bid is for the construction of a Scale House building at the City of Denton Landfill located at 1100 Mayhill Road. The Scale H inbound and outbound scales located at the entrance road to the Landfill. All Solid Waste customers entering the Landfill must pass by the Scale House for processing. The building exterior walls will be constructed of CMU block. The building will be staffed by two attendants- one to service in bound customers and one to service the outbound customers. Scale attendant Scale House software, handling and safeguarding all monies received, and directing Landfill customers to the appropriate service areas. Two bids were received for this project, with Caliber Construction, Inc. submitting the low bid. The consulting engineering firm of Chiang, Patel, and Yerby recommend Caliber Construction, Inc. as the low bidder meeting specification. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at is March 10, 2008 meeting. RECOMMENDATION Award to Caliber Construction, Inc. in the amount of $349,570. PRINCIPAL PLACE OF BUSINESS Caliber Construction, Inc. Denton, TX Agenda Information Sheet April 1, 2008 Page 2 ESTIMATED SCHEDULE OF PROJECT This projected is estimated to be completed within 154 calendar days from Notice to Proceed. FISCAL INFORMATION This item will be funded from the following Solid Waste Accounts: 660519583.1360.40100 $239,269.54 660519588.1360.40100 $ 39,187.95 660519589.1360.40100 $ 70,965.82 660519587.1360.40100 $ 146.69 $349,570.00 Requisition number 86628 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 3948 Exhibit 1 Þ×Ü ý íçìè ÜßÌÛæ Ú»¾®«¿®§ ïìô îððè Ô¿²¼º·´´ Í½¿´» Ø±«» Ý±²¬®«½¬·±² ×ÌÛÓÜÛÍÝÎ×ÐÌ×ÑÒÊÛÒÜÑÎÊÛÒÜÑÎ Í¬±«¬ Ý±²¬®«½¬·±² Ý¿´·¾»® ¼ò¾ò¿ò Þ»²½¸³¿®µ Ý±²¬®«½¬·±² Ý±²¬®«½¬·±² Ð®·²½·°´» Ð´¿½» ±º Þ«·²»æ Ü»²¬±²ô ÌÈÎ±¿²±µ»ô ÌÈ ïÌ±¬¿´ Þ¿» Þ·¼üíìçôëéðòððüíëïôéðèòðð îÞ·¼ Þ±²¼Ç»Ç» íß¼¼»²¼«³ ýïÇ»Ç» ìß¼¼»²¼«³ ýîÇ»Ç» ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A SCALE HOUSE AT THE CITY OF DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3948-LANDFILL SCALE HOUSE CONSTRUCTION AWARDED TO THE LOWEST RESPONSIVE BIDDER MEETING SPECIFICATION CALIBER CONSTRUCTION, INC. IN THE AMOUNT OF $349,570). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3948 Caliber Construction, Inc. $349,570 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 3948 PUBLIC UTILITIES BOARD AGENDA ITEM # 5 1 2 3 DRAFT MINUTES 4 PUBLIC UTILITIES BOARD 5 March 10, 2008 6 7 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 8 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 9 Monday, March 10, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton 10 Service Center, 901-A Texas Street, Denton, Texas. 11 Present: 12 Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, John Baines, 13 Randy Robinson and Bill Grubbs 14 15 Ex Officio Member: 16 Howard Martin, ACM Utilities 17 Absent: 18 Ex Officio Member: 19 George Campbell, excused 20 OPEN MEETING: 21 22 CONSENT AGENDA: 23 24 25 has had an opportunity to raise questions regarding this item prior to consideration. 26 Board Member Bill Cheek pulled Item 1 for individual consideration. 27 28 ITEMS FOR INDIVIDUAL CONSIDERATION: 29 30 31 1) Consider the approval of Bid No. 3948, submitted by Caliber Construction, Inc., Denton, 32 Texas, for the construction of the landfill scale house, located at the City of Denton Landfill, 33 in the amount of $349,570. 34 35 Cheek asked if this item would exceed the initial budgeted amount, and if so, how much. Vance 36 Kemler, Director of Solid Waste, replied he did not think that it would go over budget. Cheek 37 asked how much Jamail received in payment. Kemler replied Jamail received approximately 38 $90,000 for surveying, engineering and related matters that were all preliminary. Cheek asked if 39 the budget amount was $450,000 or $350,000 including that dollar amount. Kemler replied the 40 budgeted amount would be closer to $450,000. Cheek asked if the entire budgeted amount 41 would be spent. Kemler replied that it would. 42 43 Chair Charldean Newell suggested that, for future agenda items, it would be useful for staff to 44 present the running total of construction items; what the original budget was; and what the 45 amounts were with change orders or other additional expenses. 46 47 Board Member John Baines asked what a landfill scale house is. Kemler replied it is a term used 48 in the solid waste industry for buildings that are used to handle customers coming in for 49 composting, recyclables, etc. Baines asked what staff is using now. Kemler replied the existing Draft Minutes of the Public Utilities Board meeting March 10, 2008 2 of 5 1 facility was a temporary manufactured building that has exceeded its useful life and must be 2 replaced. 3 4 Board Member Dick Smith asked that the Board receive a report of any overruns on this project. 5 Board Member Baines moved to approve the item, with a second from Board Member Phil 6 Gallivan. The motion was approved by a 7-0 vote. 7 8 9 2) Consider recommending approval of the Public Utilities Board meeting minutes of: 10 a. February 25, 2008 11 The minutes were approved as circulated. 12 13 14 3) Consider recommending approval of additional expenditures to complete the investigation 15 into PCB contamination in the Spencer Pole Yard site in the amount of $40,682.40, which 16 brings the total expenditures to Intera, Inc. (Intera) to $138,524.40 in the last 12 months. 17 18 Howard Martin, ACM, called on Phil Williams, General Manager, DME, to present this item. 19 Williams stated these expenditures are part of a continuation of a TCEQ investigation. Samples 20 have been taken from around the site, and no contamination was found, with the exception of the 21 very back of the property along the fence line. Chair Newell asked where the original site was 22 located. Phil Rennaker, Purchase Power Specialist, replied it was in the middle of the property 23 several hundred feet away from this area. This is the last site on the property and is probably 24 where soil has washed for years. Offering a perspective, Williams stated the contamination is 1 th 25 milligram per kilogram. A kilogram is 2.2 pounds so the contamination is equal to 1,000 of a 26 Sweet and Low packet, which is 13.5 milligrams per kilogram. 27 28 Smith asked if staff was changing firms. Rennaker replied in the beginning staff used Cirrus 29 and became concerned that Cirrus lacked the expertise to complete the process and develop the 30 reports needed for closure. Smith asked if staff was confident in selecting Intera. Rennaker 31 replied absolutely. The project keeps growing, but given all the sampling previously done, staff 32 did not think an enormous contaminated area would be found. Contamination is at a low level, 33 but testing needs to be continued until staff can properly delineate where the contamination is 34 and clean it up. Also, there are two very detailed reports that must be prepared once the site is 35 delineated; Intera will prepare those reports. One of those reports will be an action plan 36 submitted to the TCEQ. Intera does not necessarily have to be part of the cleanup. The concern 37 was to have the best and most knowledgeable people helping do the assessment correctly. 38 39 Grubbs asked at what point the contamination becomes hazardous to employees. Williams 40 replied when investigations first started , the contamination level was 50mg per kg. 41 Rennaker stated if contamination was found in a residential area, cleanup would be to 1.1 42 milligram per kg. Grubbs asked if capping would be accomplished with concrete. Williams 43 replied that is a possibility, but a determination has not yet been made. Grubbs asked if it can be 44 assumed that if the soil samples come back clean, the contamination is contained to that low 45 area. Williams replied yes. 46 Draft Minutes of the Public Utilities Board meeting March 10, 2008 3 of 5 Board Member Cheek moved to approve the item, with a second from Board Member Bill 1 Grubbs. The motion was approved by a 7-0 vote. 2 3 4 4) Receive a report and hold a discussion regarding the Water and Wastewater Forecasts. 5 6 Howard Martin called on Tim Fisher, Assistant Director of Water Utilities, to make the 7 presentation. Fisher stated it had been interesting trying to forecast the last couple of years as 8 staff have encountered variability in weather and population projections. 9 10 Chair Newell reminded the Board that it will notice that there are different population figures 11 having to do with services. Board Grubbs asked if that has to do with some customers having 12 water, but no electric or sewer, or no electric but water, etc. Newell replied yes, the service 13 areas vary. 14 15 Fisher pointed out that water service areas are very similar to the wastewater service areas with 16 the exception of the area that was single certified with Argyle and the Bolivar decertification 17 issue from over a decade ago. 18 19 Fisher stated that population estimates received from the Planning Department tended to show a 20 higher growth rate over the last few years than what was actually correct. These data are 21 adjusted annually to reflect any changes that may affect the population estimates. The major 22 changes to the forecasts this year are based on revised population growth assumptions. The 23 annual population growth percentage estimates over the next 20 years have been reduced and 24 now vary from 3.2% to 4.2% compared to previous rates of 3.7% to 5.0%. A slower population 25 growth delays the need for major plant additions/expansions and some other major capital 26 requirements. 27 28 Additional treatment plant capacity will be needed prior to the summer of 2017 when previously 29 the expansion was projected for the year 2014. The current plan now is to expand the Lake Ray 30 Roberts treatment plant from 20 to 50 MGD. 31 32 Martin asked the Board to remember that during the budget process last year, in the fifth year of 33 the CIP, staff was seeing rather large numbers related to the expansion of our treatment facilities. 34 What Fisher is was telling the Board is that, because of revised population figures, the expansion 35 projects will not be included in the CIP. 36 37 Fisher stated there are needed capital improvements that staff is trying to move forward. The 38 largest is the rehabilitation of the water plant, a project that means, in the short term, revenue 39 projections will be down. Another item that drives the budget is the timing of when the city will 40 need to buy additional surplus water supplies through its Dallas contract. I, 41 staff projected that there may be the need to begin purchases of raw water from Dallas as early as 42 2013 that number is moving out to 2015. 43 44 Chair Newell asked about 45 entered into a 30-year contact with Dallas in 1985 and it will need to be renewed in 2015. Draft Minutes of the Public Utilities Board meeting March 10, 2008 4 of 5 1 Fisher asked the Board to keep in mind that the large capitalized items have been pushed out 2 further, but that the revenue generated short term will also be a little bit tighter. Staff will be 3 proposing a 3 percent rate increase for a successive series of years. 4 5 Martin stated that the Planning Department is currently reviewing the process used to project 6 population and determine if it can be improved; Martin noted that he would not be surprised to 7 see projected growth figures drop even further. Staff will need to take any changes into account 8 in future budget years. 9 Martin then called on P.S. Arora, Assistant Director of Wastewater Services, to present the 10 Wastewater forecast. 11 12 Chair Newell stated that Arora may want to remind the Board why the governmental category no 13 longer exists. Arora stated that about 9 years ago the government was combined with the 14 commercial customers. Those customers were Krum, Corinth, Argyle and a small subset, which 15 is a small development in Shady Shores. Martin stated that the governmental class for many 16 years was segregated. Around 2000 staff took a look at all of the governmental water usage, 17 consumption figures, time of day usage, and found there really was not any difference between 18 the two classes and it was decided at that point to collapse the two into a commercial rate. 19 20 Arora stated that projected wastewater treatment volumes indicate that additional treatment 21 capacity in the Hickory/Pecan/Cooper Creek Basins will be needed by approximately 2025, a 22 delay of 7 years compared to the previous forecast. However, peak wet weather flows reaching 23 the plant will exceed the raw influent wastewater pumping capacity and additional pumping 24 capacity will be required at the Pecan Creek plant to control wet weather induced overflows in 25 the collection system. Construction of two wet weather pump stations, two wet weather peak 26 flow storage ponds, and the 48-inch State School interceptor sewer will be included in the 27 updated 5-year CIP. 28 29 The collection system computer model indicates the Hickory Creek Pump Station will not be 30 adequate for the upcoming 5-year CIP. The Graveyard Branch lift station and force main will be 31 included in the updated 5-year CIP. 32 33 Arora stated that options for wastewater service in the Clear Creek/Milam Creek Basin have 34 been developed and the recommended option of constructing an interim lift station will provide 35 wastewater service in this basin and move back the construction of the Clear Creek Water 36 Reclamation Plant by 6 to 10 years. Arora noted that resolution of Craver Ranch issues may 37 affect the Clear Creek Plant schedule. 38 39 Martin asked Arora to speak to the Clear Creek Wastewater Treatment Plant and the timing 40 associated with that. Arora stated that last year the city entered into an agreement with the Hills 41 of Denton to take over the construction of Phase I of the wastewater system, which includes a 42 section of the receptor which comes off of its property at Locust Street. The sewer line and a lift 43 station, which is a temporary station, will have a capacity of 1.8 million gallons per day that will 44 serve about 1700 homes. Discussions with the developer indicate that there will be not be any 45 houses coming in until 2009 at the earliest. Using that time frame, staff estimates it could be 6 to 46 10 years before construction of Phase II, which, at that time, would include the continuation of Draft Minutes of the Public Utilities Board meeting March 10, 2008 5 of 5 1 the sewer line from the lift station taking it all the way beyond Sherman Drive and continuing 2 east to a designed wastewater plant. That plant is permitted for 950,000 gallons per day. 3 Smith asked whether he was hearing that Phase I will be installed as agreed upon and in the same 4 time frame. Arora replied it would be based on the agreement, and that after 2009 it will be up to 5 the City and the developer to extend that agreement. 6 7 5) ACM Update: 8 9 There were no updates. 10 11 6) New Business This item provides an opportunity for Public Utilities Board members to 12 suggest items for future agendas or to request information from the Assistant City Manager 13 for future meetings. 14 15 There was no new business. 16 17 7) Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the 18 Texas Government Code, as amended. 19 20 There was no continuation of a closed meeting item. 21 22 The meeting was adjourned by consensus at 10:04 a.m. AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-7144 ACM: Jon Fortune SUBJECT Consider approval of an ordinance accepting sealed proposals and awarding a contract for the services of a management consultant for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFSP 3930- Management Study of Electric Utility and Support Services awarded to Navigant Consulting, Inc. in the amount of $259,750). The Public Utilities Board recommends approval (6-0). RFSP INFORMATION Denton Municipal Electric (DME) solicited proposals from qualified firms to perform a review of the operation and management of DME and a limited number of support services. A complete description of the scope of services to be provided as part of the study is included in the attached Public Utilities Board Agenda Information sheet (Exhibit 1). A committee consisting of employees from Finance, Purchasing, Electric, and Utility Administration ranked the proposals based on the criteria listed below. Criteria Weight Factor Proposed project scope and content 40% Cost 30% Information obtained from references 15% Proposed project schedule 15% Three proposals were submitted and Navigant Consulting, Inc. received the highest ranking. s evaluation ranking totals for each vendor. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its March 24, 2008, meeting. RECOMMENDATION Award a contract with Navigant Consulting, Inc. in the amount of $259,750 for a Management SElectric Utility and Support Services. Agenda Information Sheet April 1, 2008 Page 2 PRINCIPAL PLACE OF BUSINESS Navigant Consulting, Inc. Austin, TX ESTIMATED SCHEDULE OF PROJECT This project is estimated to be completed within twelve weeks from Notice to Proceed. FISCAL INFORMATION The study will be funded from account 600001.7854.9300A. Requisition number 86660 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Public Utility Board Agenda Information Sheet Exhibit 2: Evaluation Ranking Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-RFSP 3930 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #6 AGENDA INFORMATION SHEET AGENDA DATE: March 24, 2008 DEPARTMENT: Electric Utility ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider recommending approval of awarding a Management Study of Electric Utility and Support Services to Navigant Consulting, Inc., based on proposal evaluation criteria, as provided for in the Request for Sealed Proposal #3930 in the amount of $259,750. BACKGROUND All city utilities are required by the City Charter to conduct a management study every 10 years. This was discussed with the Public Utility Board on November 12, 2007, and based on that discussion a RFSP was issued for a firm, or combination of firms the following areas: Task 1 DME Operation and Management Review A) Identify and discuss the strengths, weaknesses, and major risks associated with the staffing, management, and operation of DME. B) ration practices with best electric utility practices. C) utility practices. D) and GIS to best electric utility practices in use of technology. E) Review a storage yard, to: Support the existing DME organization Support growth of DME F) Provide benchmark comparisons, if available, for: Service Levels 1) ASAI 2) CAIDI 3) SAIDI 4) SAIFI (long) 5) SAIFI (short) Staffing 1) Employees per customer (a) Overall By function Equipment 1) Age 2) Technology 3) Maintenance Exhibit 1 AIS PUB Agenda Item #6 March 24, 2008 Page 2 of 4 Electric Industry Specific Software Applications 1) Use of available software applications 2) Age 3) Technology Vegetation Management 1) Financial commitment 2) Effectiveness Meter Reading 1) Reading cost per meter for: (a) Water meters (b) Electric meters 2) Overhead/administration cost 3) Reading time per meter for: (a) Water meters (b) Electric Meters 4) Reading accuracy 5) Application of automation Exclusions 1) DME recently completed a salary survey and development of a new compensation plan. Therefore salary level benchmarking data will not be a part of this study. 2) DME is undertaking a separate study to address the adequacy of its electric system protection scheme. Therefore relay equipment will not be a part of this study. G) Provide options/recommendations for addressing the weaknesses and risks identified and for Task 2 DME Power Supply Review Review term resource mix. Discuss the menu of resource acquisition and energy conservation strategies DME should consider in the development of a formal long term resource plan, including legal requirements and best industry practices for incorporation of renewable/carbon neutral resources. This Task is not intended to provide a long term resource plan for DME or specific recommendations regarding the selection of any options discussed. Its purpose is to provide policy makers with an understanding of the risks, options, and challenges DME faces in its future of this task must include a review and discussion of: 1) Gibbons Creek a) approaches to hedging that risk. b) The environmental risks associated with a coal fired generating unit in light of present and potential changes in environmental regulations. c) A comparison of the TMPA contract with best practice contracts for operation of jointly owned generating units. d) Recommended changes needed in the terms and conditions of the TMPA contract related to plant operation and retirement. Exhibit 1 AIS PUB Agenda Item #6 March 24, 2008 Page 3 of 4 2) options for acquiring the additional power supply resources it will need including: a) The role of hedging in the Texas nodal market, best practices related to the use of hedging tools, and which hedging options DME should consider using. b) All options/approaches available for DME to acquire additional power supplies in the Texas nodal market. i) Identification of the strengths, weaknesses and risks associated with each option/approach. ii) How well each option/approach will perform should Texas decide in the future to eliminate the nodal market design? c) Risks, benefits, and cost of DME developing its own Qualifying Scheduling Entity (QSE) function. i) Discuss the changes in/additions to DME staffing, communications equipment, building infrastructure, computer hardware and software, etc. that would be required for DME to serve as its own QSE, including shadow settlement. ii) Provide cost estimate and timeline for required changes/additions including: (1) One time costs (2) Annual operating costs including the salaries and bonus programs commonly provided to employees operating QSEs in ERCOT. iii) Provide a discussion of the risks associated with running a QSE operation 3) Renewable/carbon neutral power supplies a) All federal and Texas legislative requirements for incorporation in DME resource portfolio b) Voluntary targets set by municipal electric utilities in Texas and the US. c) Methods available for DME to acquire/support the development of such resources 4) Energy Conservation a) b) existing programs with these practices Task 3 NERC Compliance Requirements 1) Determine all changes DME must make to become NERC compliant as a Transmission Operator in 2008, when DME plans to add a 138 KV line to its system. 2) Provide analysis of changes in/additions to DME staffing, communications equipment, building infrastructure, computer hardware and software, etc. that will be required for DME to become NERC compliant as a Transmission Operator and a schedule for completing that work. 3) Provide a cost estimate for the required changes. Task 4 Establishment of Special Purchasing Guidelines for DME Municipal governments in Texas are required to follow purchasing guidelines defined in Chapter 252 of the Texas Local Government Code. By law, as a municipal electric utility that is part of a municipal government, DME is required to follow the Chapter 252 guidelines unless the City Council adopts different guidelines. In order to adopt different guidelines, the City Council must determine that the changes made are for the public good. The study should: Exhibit 1 AIS PUB Agenda Item #6 March 24, 2008 Page 4 of 4 Review and discuss procurement inefficiencies, risks, and additional cost to DME resulting from application of Chapter 252 guidelines and recommend changes to those guidelines the Council should consider for DME. Additional Areas of Study The study will also include a review of the DME warehouse support services with emphasis on determining the best future course for providing warehouse support as DME continues to grow. A comprehensive review of all aspects of the utility Customer Service billing function will also be included. Proposals were reviewed by the following committee; Susan Croff Mary Dickerson Bryan Langley Karen Smith Phil Williams OPTIONS 1) ecommendation to award the contract to Navigant Consulting, Inc., based on the selection criteria. 2) Request additional proposals. RECOMMENDATION Consulting, Inc. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Study outline was reviewed with the Public Utility Board on November 12, 2007. DATE SCHEDULED FOR COUNCIL APPROVAL April 1, 2008 FISCAL INFORMATION This study was budgeted for in the DME budget EXHIBITS 1. Proposal evaluation worksheet Respectfully submitted, Phil Williams, General Manager Denton Municipal Electric ORDINANCE NO. _________ AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR THE SERVICES OF A MANAGEMENT CONSULTANT FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFSP 3930- MANAGEMENT STUDY OF ELECTRIC UTILITY AND SUPPORT SERVICES AWARDED TO NAVIGANT CONSULTING, INC. IN THE AMOUNT OF $259,750). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of Insurance Consultant Services 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, equipment, supplie 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 3930 Navigant Consulting, Inc. $259,750 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-RFSP 3930 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 March 24, 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, March 24, 2008 at 9:00 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, Dick Smith, Phil Gallivan, Randy Robinson, Bill 11 Grubbs, Bill Cheek (arrived at 9:03 a.m.), and John Baines (arrived at 9:08 a.m.) 12 : 13 Ex Officio Members 14 Howard Martin, ACM Utilities 15 Absent 16 : George C. Campbell, City Manager, excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 Board Member Bill Grubbs pulled Item 3 for individual consideration. 24 25 26 2) Consider recommending approval of the line item unit prices in Bid #3958 and awarding an 27 annual contract for the purchase for overhead primary and secondary electric distribution 28 conductors to the two lowest bidders (Wesco Distribution and Stuart C. Irby both based in 29 Fort Worth, Texas) in the estimated expenditure amount of $705,000. 30 Board Member Randy Robinson moved to approve Item 2 with a second from Board 31 Member Dick Smith. The motion was approved by a 5-0 vote. 32 33 ITEMS FOR INDIVIDUAL CONSIDERATION: 34 35 36 3) Consider recommending approval of an Ordinance authorizing the City Manager to execute 37 change order number one to the contract between the City of Denton and Techline, Inc.; 38 providing for the expenditure of funds therefore; and providing an effective date (Bid 3941- 39 Single Purchase of Electric Distribution Cables Change Order Number One as reflected in 40 Exhibit 2 in the estimated amount of $245,000). 41 42 Board Member Grubbs questioned the option of installing overhead lines in a designated 43 underground utility area and what would be the impact. Chuck Sears, Engineering Division 44 Manager, stated that at this time staff is trying not to install overhead lines; however, there is one 45 area in the north side of the Razor Ranch project where Rayzor Ranch has asked DME to install 46 an overhead due to uncertainties as to where buildings are going to be. It is less than ½ mile in 47 total length. Phil Williams, General Manager DME, stated that lines would be installed behind 48 the big boxes, not on the street or behind the stores. Board Member Grubbs moved to approve with a second from Board Member Phil 49 Gallivan. The motion was approved by a 6-0 vote. 50 Draft Minutes of the Public Utilities Board meeting March 24, 2008 2 of 3 1 2 6) Consider recommending approval of awarding a Management Study of Electric Utility and 3 Support Services to Navigant Consulting, Inc., based on proposal evaluation criteria, as 4 provided for in the Request for Sealed Proposal #3930 in the amount of $259,750. 5 6 Howard Martin, ACM Utilities, called on Phil Williams to present. Williams stated that all city 7 utilities are required by the City Charter to conduct a management study every ten years. Staff 8 prepared an RFSP and had three groups respond with very detailed proposals. Based on 9 proposed evaluation criteria city staff reviewed the proposals, had the two finalists make 10 presentations and determined that Navigant, with more Texas based people, had a better 11 understanding of the Texas market and would therefore provide a good study. 12 13 Williams at the request of Martin reviewed the components of the study which are: 1) DME 14 Operation and Management Review, 2) DME Power Supply Review, 3) NERC Compliance 15 Requirements, 4) Establishment of Special Purchasing Guidelines for DME, and; 5) Additional 16 Areas of Study which will include a review of the DME warehouse support services. 17 18 Chair Newell reminded the Board that it had an opportunity for input on the components of the 19 study back in November 2007 and had agreed that these were the items to be included in the 20 study. 21 22 Gallivan stated that to him the most important is Task 2 DME Power Supply Review. 23 24 Board Member Robinson asked what the time frame was. Williams replied Council approval is 25 scheduled for April 1 with the study beginning in May with an estimated completion in 12 26 weeks. 27 Board Member Smith moved to approve with a second from Board Member Gallivan. The 28 motion was approved by a 6-0 vote. 29 30 31 7) Consider recommending approval of awarding a Management Study for Water and 32 Wastewater Utilities and Support Services to Matrix Consulting Group, based on proposal 33 evaluation criteria, as provided for in the Request for Sealed Proposal #3962 in an amount 34 not to exceed $59,000. 35 Chair Newell recused Board Member John Baines whose firm had submitted a proposal. 36 37 38 Martin called on Jim Coulter, Director of Water Wastewater Utilities, to present. Coulter stated 39 this study is also required and that staff received 6 proposals for this project and that the scope 40 and the process of how staff reviewed the submittals and rankings are included in the backup. 41 Additional areas of Engineering and Customer Service were included in this study. Staff noticed 42 that the Customer Service area had been included in both studies and staff has agreed to enter 43 into negotiations with the selected vendors to combine this portion and ensure criteria from both 44 requests are met. There may be some adjustment in the water wastewater dollar amount or it 45 may be applied to an increase in the Engineering analysis. 46 Board Member Grubbs asked if the budgeted amount was the same as the bid amount. Coulter 47 replied $60,000. Grubbs replied that it was pretty close. Draft Minutes of the Public Utilities Board meeting March 24, 2008 3 of 3 Board Member Smith moved to approve with a second from Board Member Gallivan. The 1 motion was approved by a 6-0 vote. 2 3 4 Chair Newell asked if the city had any experience with Matrix. Martin replied staff has had 5 some experience with Matrix and it has been positive. 6 7 The meeting was adjourned by consensus at 11:19 a.m. 8 AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Keith Gabbard 349-7144 ACM: Jon Fortune SUBJECT Consider approval of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Cem-Lime from TXI, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3991-Purchase of Cem-Lime for Street Department in the unit price amount of $140/dry ton for an annual estimated amount of $150,000). FILE INFORMATION This item will be used by the Street Department to modify or stabilize the subgrade of streets to improve constructability. Cem-Lime, a product combination of lime and cement, provides strength, durability, and more resistance to water when compared to typical hydrated lime. Lime works well to bring the plasticity index (PI) of the soil to workable levels. The cement produces the strength necessary to bind particles together to provide a stronger sub-base with better waterproofing characteristics. This product is more suitable for soil types found in the Denton area. This additional lime content adds calcium hydroxide, the primary compound responsible for lowering the plasticity index of clay soils found in North Texas. Chapter 252 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. TXI is the only known source of this product and therefore this is considered a sole source acquisition. RECOMMENDATION Award to TXI in the unit price amount of $140/dry ton for an annual estimated amount of $150,000. PRINCIPAL PLACE OF BUSINESS TXI Dallas, TX Agenda Information Sheet April 1, 2008 Page 2 ESTIMATED SCHEDULE OF PROJECT This item can be delivered and installed within two days of receipt of an order. FISCAL INFORMATION This item will be charged to the individual project account as street surfacing projects are scheduled. EXHIBITS Exhibit 1: Quote/Sole Source Letter from TXI Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3991 Exhibit 1 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CEM-LIME FROM TXI, WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3991-PURCHASE OF CEM-LIME FOR STREET DEPARTMENT IN THE UNIT PRICE AMOUNT OF $140/DRY TON FOR AN ANNUAL ESTIMATED AMOUNT OF $150,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3991 TXI $140/dry ton 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 3991 AGENDA INFORMATION SHEET AGENDA DATE: April1, 2008 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of a music festival, st the 1 Annual BeanStock, sponsored by Cool The event is to be held on Saturday, April 19, 2008, beginning at 11:00 a.m. and concluding at 11:00 p.m. The exception is specifically requested for extension of the hours of operation for amplified sound. BACKGROUND Jacklyn Graham, , has submitted a request for an extension in the hours of operation. This first time event will feature live music provided by 14-16 local . PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None EXHIBITS 1. Letter of Request Respectfully submitted by: Emerson Vorel, Director Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 DEPARTMENT: Transportation Operations ACM: Howard Martin 349-8232 SUBJECT Consider the adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to certain improvements at the Denton Municipal Airport; authorizing and directing the City Manager or his designee to expend funds as provided for in said agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. (Mobility Committee recommends (3-0). BACKGROUND In 1997 the Texas Department of Transportation, Aviation Division (TxDOT) was given authority to administer federal and state funds for capital improvement projects for all reliever and general aviation airports statewide. This was done to assist TxDOT in facilitating the Texas Airport System Plan. In addition to the authority to administer federal grant funds, TxDOT was also provided the ability to act as the local sponsor’s agent, if desired, for the purposes of applying for, receiving and disbursing all funds for approved projects and administration of contracts necessary for the implementation and construction of airport improvements. As part of continued airport development and following recommendations outlined in the 2003 Airport Master Plan, Texas Department of Transportation, Aviation Division (TxDOT) is offering an opportunity to receive grant funds to be applied to the design phase of the South East Taxiway Extension Project. The Denton Airport was scheduled in the TxDOT FY 2008 CIP for a grant project relating to extend a taxiway in the south east development area of the airport approximately 1,500 feet and to widen and reconstruct Lockheed Lane. The project will provide taxiway access to approximately 18 acres as well as improve access and capacity to existing hangar developments along the Lockheed Lane corridor in the south east development area of the airport. Exhibit 1 demonstrates project scope outlining taxiway improvements in green. Similar to past grant agreements, TxDOT is offering the grant as part of a two phase project. The first phase of the project, design phase, is funded by separate grant agreement or Airport Project Participation Agreement (APPA) and is estimated by TxDOT at $150,000. The Phase II, construction phase, will require a second APPA and project cost is currently estimated by TxDOT staff at $1,480,000. TxDOT requires local sponsors that accept an APPA providing financial assistance for design services for a specific project to be prepared to fund the construction component of the project within two years of completing the design phase. PRIOR ACTION/REVIEW The Mobility Committee recommends approval of the proposed ordinance accepting the grant (3-0). The Airport Advisory Board recommends approval of the proposed ordinance accepting the grant (4-0) ESTIMATED SCHEDULE OF PROJECT The TxDOT Commission approved the grant offer on February 28, 2008. Upon City Council approval of the APPA, TxDOT will execute the grant agreement. Upon execution of the grant, TxDOT will facilitate a request for proposal (RFP) for design services. It is the desire of airport staff to have the engineering consulting firm under contract no later than June 2008. Upon entering into a professional services agreement, a nine-month design phase will be initiated. The construction phase will be initiated in FY 2009 after a final design is completed and will require a separate grant. FISCAL INFORMATION This project will be funded through a 90:10 matching grant project where the local sponsor, City of Denton, will fund 10 percent of the project design costs. The total design cost for this project, as estimated by TxDOT, will be $150,000; $135,000 state share and $15,000 local share. The total estimated design and construction cost for this project is $1,630,000. Local funding for the design phase of this project was included in the FY 2008 Airport budget. EXHIBITS 1. Ordinance 2. Airport Project Participation Agreement 3. Exhibit 1 4. Mobility Committee Draft Minutes, March 25, 2008 5. Airport Board Draft Minutes, March 12, 2008 Respectfully submitted: ______________________________ Mark Nelson Transportation Director EXHIBIT 1 EXHIBIT 2 EXHIBIT 4 DRAFT MINUTES 1 City Council Mobility Committee 2 Tuesday, March 25, 2008 3 4 5 After determining that a quorum of the Mobility Committee of the Denton City Council was 6 present, the Chair of the Committee on the Mobility convened into an open meeting on Tuesday, 7 March 25, 2008 at 2:03 p.m. in the City Council work session room, 215 E. McKinney Street, 8 Denton, Texas. 9 10 Present: Chair Pete Kamp, Mayor Perry McNeill and Council Member Bob Montgomery 11 12 Also Present: Howard Martin, ACM Utilities 13 Jim Coulter, Director Water Wastewater Utilities 14 Mark Nelson, Transportation Director 15 John Knight, Assistant City Attorney 16 John Polster, Consultant ITS 17 Ann Forsythe, Boards and Committees Coordinator 18 Damon Ward, Business Air Center 19 20 OPEN MEETING 21 22 4)Receive a report, hold a discussion and give staff direction regarding a TxDOT Grant. 23 24 Mark Nelson presented this item stating that TxDOT has approved a $150,000 grant to be 25 applied to the engineering phase of a taxiway extension and widening project on the south end of 26 the airfield. Of the $150,000 total amount, the city will be responsible for $15,000 or ten per 27 cent. Staff believes this is a very good deal for the city and allows the city to initiate an 28 expansion of the southeast area of the airport. 29 30 Chair Kamp stated that the Committee is voting to recommend approval by the City Council to 31 accept the $150,000 grant with the city being responsible for $15,000 of that amount. 32 33 Mayor McNeill raised a procedural questions concerning whether contracts, including grant 34 agreements, under $100,000 require Council approval since the City Manager has authority to 35 sign agreements up to $100,000. Nelson replied he would work with the City Attorney’s office 36 to make that determination. 37 38 Council Member Bob Montgomery moved to approve Item 4 with a second from Mayor 39 McNeill. The motion was approved by a 3-0 vote. 40 EXHIBIT 5 DRAFT MINUTES 1 AIRPORT ADVISORY BOARD 2 March 12, 2008 3 4 5After determining that a quorum was present, the Airport Advisory Board convened for a Regular 6Meeting on Wednesday, March 12, 2008 at 5:35 p.m. in the Denton Airport Terminal Building at the 7Denton Airport at 5000 Airport Road, Denton, Texas. 8 BOARD MEMBERS PRESENT 9: Vice Chairman, Dr. Smith, Jim Clark, Mr. Brown, Mr. Eames, and 10Dr. Kristoferson. 11 BOARD MEMBERS ABSENT 12: Excused Absent Chairman Woolfolk and Mr. Brewer 13 STAFF MEMBERS PRESENT 14: Mark Nelson, Director of Transportation, 15 Julie Mullins, Administrative Assistant 16 PUBLIC PRESENT: 17 Jeff Soules, US Aviation Group, Mark Taylor, US Aviation Group, Bill 18Lindsey, FBO Supervisory, Jay Anderson. 19 ITEMS FOR INDIVIDUAL CONSIDERATION 20 21 22V. Consider the recommendation of an ordinance of the City of Denton, Texas authorizing the 23City Manager to execute on behalf of the City of Denton an Airport Project Participation 24Agreement with the Texas Department of Transportation relating to certain improvements at 25the Denton Municipal Airport; authorizing and directing the City Manager or his designee to 26expend funds as provided for in said agreement and to execute documents on behalf of the 27City of Denton in order to implement the project; and providing an effective date. 28 Mr. Nelson gave a report on the Design component of the South East Taxiway Extension 29 Development Project. Mr. Nelson called attention to an updated draft ordinance for the 30 proposed grant agreement indicating the ordinance on the pink copy is in final form. 31 Mr. Nelson called the Board’s attention to Exhibit 3 explaining the diagram 32 demonstrates the taxiway project in green and indicates the project will be on the south 33 end of the airfield. The project will provide additional development capacity and widen 34 Lockheed as well as upgrade the weight capacity. This will enhance safety, mobility and 35 development opportunities in the south east development of the airport. 36 37 The grant indicates total project costs for the design phase will be $150,000 and $15,000 38 is the 10% city match. It was noted that the construction phase, phase II, the project is 39 currently estimated by TxDOT at $1.48 million. 40 41 Mr. Kristoferson made a motion to approve the grant. Jim Clark seconded the motion. 42 43 Motion carried 4-0 44 45 AGENDA INFORMATION SHEET AGENDA DATE : April 1, 2008 DEPARTMENT : Utility Administration ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, pertaining to the City’s approval of development plan line assistance for the extension of sewer lines for the construction of a new divisional office and distribution center as requested by Aldi, Inc. in the amount of $80,000, representing the cost of the planning level construction cost of the proposed grinder pump sewer system; authorizing the City Manager to expend funds therefor; and providing an effective date.(The Public Utilities Board recommends approval (4-0). BACKGROUND Through Resolution Infrastructure Financing, Resolution No. R91-008 (Exhibit 2), the Water/ Wastewater Utilities Department is obligated to develop cost/benefit analysis for businesses seeking assistance for extension of water/sewer lines to their property. Aldi Inc. (Aldi), a regional grocery store chain is proposing to build a Divisional Office and Distribution Center on a tract located in the Cole property in proximity of the Denton Municipal Airport (Exhibit 1- Map). In addition to the estimated construction value of $35 to $45 million, Aldi by submitting the “Application for Infrastructure Assistance” has provided the financial information necessary to analyze the cost/benefit of the proposed project (Exhibit 3). Exhibit 1 shows the location of the existing water and sewer lines in the proximity of the proposed project. A 12-inch water line is adjacent to the proposed project and will not require any off-site extension by the City. Therefore, no assistance for extension of water lines is needed for the project. The closest sewer line is an 8-inch line located off of Sky Lane. This sewer line is uphill from the project and will require construction of a Grinder Pump Station. The proposed sewer project is shown in Exhibit 1. It includes a Grinder Pump station, and a pressure main to discharge to the 8-inch sewer line. The planning level construction cost of the proposed Grinder Pump sewer system is estimated at $80,000. With the data included in the application submitted by Aldi, staff has conducted the cost/benefit analysis per the requirements of the Resolution No. R91-008. This analysis is done thru a spreadsheet based model set up per the resolution guidelines. The model results show the City will receive a benefit of $446,818 over a five year period by construction of the proposed facility by Aldi (Exhibit 4). The net benefit after subtracting the off-site sewer project costs over five years is estimated at $360,818. OPTIONS 1.PUB can agree with the cost/benefit analysis and recommend it for approval by the City Council. 2.PUB can deny the application from Aldi Inc. 3.Aldi Inc. has the option to locate the proposed facility in another City. RECOMMENDATION Staff recommends approval of the application for infrastructure assistance by Aldi, Inc. to extend off-site sewer line to the proposed development. PRIOR ACTION/REVIEW (Council, Boards, Commissions) th This item was presented to the Public Utilities Board at their February 25 regular meeting. The Public Utilities Board recommends approval (4-0). th This item was presented to the Planning and Zoning Commission at their March 12, regular meeting. The Planning & Zoning Commission recommends approval (7-0). FISCAL INFORMATION $250,000 in bond funds is included in FY2008 for Development Plan Lines assistance (Exhibit 5). EXHIBITS 1.Map 2.Resolution Infrastructure Financing, Resolution No. R91-008 3.Application For Infrastructure Assistance 4.Cost/Benefit Analysis 5.FY2008 CIP Detail Sheet 6.Ordinance 7.Public Utilities Board Meeting Minutes Respectfully submitted: Jim Coulter Director of Water/Wastewater Utilities Prepared by: P. S. Arora, P.E. Assistant Director of Wastewater Utilities EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 EXHIBIT 3 EXHIBIT 5 EXHIBIT 6 ÑÎÜ×ÒßÒÝÛ ÒÑò îððèóÁÁÁÁÁÁÁÁ ANORDINANCEOFTHECITYCOUNCILOFTHECITYOFDENTON,TEXAS, PERTAININGTOTHEAPPROVALOFDEVELOPMENTPLANLINE ASSISTANCEFORTHEEXTENSIONOFSEWERLINESFORTHECONSTRUCTIONOFA NEWDIVISIONALOFFICEANDDISTRIBUTIONCENTERASREQUESTEDBYALDI, INC.INTHEAMOUNTOF$80,000,REPRESENTINGTHECOSTOFTHEPLANNING LEVELCONSTRUCTIONCOSTOFTHEPROPOSEDGRINDERPUMPSEWERSYSTEM; AUTHORIZINGTHECITYMANAGERTOEXPENDFUNDSTHEREFOR;AND PROVIDINGANEFFECTIVEDATE. WHEREAS,the City Council of the City of Denton, Texas, through Resolution Infrastructure Financing, as set forth in Resolution No. R91-008 th passed and approved by the City Council on the 19day of February, 1991, desires to create the proper economic environment to induce the investment of private resources in productive business enterprises located in severely distressed areas of the city and to provide employment to residents of such area; and WHEREAS,Aldi, Inc. has applied for Development Plan Line assistance, for its new and has submitted the required financial information and other data as required by theResolution;no assistance is necessary in the area of extension of water lines to the Facility. However, the sewer line is an 8 inch line located off of Sky Lane. This sewer line is uphill from the Facility and will require construction of a Grinder Pump Station and a pressure main to discharge into the 8 inch sewer line. The planning level construction cost of the proposed Grinder Pump sewer system is $80,000; and WHEREAS, city staff has performed the cost/benefit analysis that is required by the Resolution and has concluded that the estimated economic net benefit to the city, by construction of the proposed facility by Aldi, Inc., is $446,818 over a five-year period, with the net benefit, after subtracting the off-site sewer project costs of $80,000, is $360,818; and WHEREAS,the Public Utilities Boardconsidered this item at its meeting of February 25, 2008, and recommended approval of this item by a vote of 4-0 (4 members present); and WHEREAS, the Planning & Zoning Commission considered this item at its meeting of March 12, 2008, and recommended approval by a vote of 7-0; and WHEREAS, the City Council finds that the application of Aldi, Inc. for Development Plan Line assistance should be granted; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.The recitations and findings stated in the preamble hereinabove shall be incorporated by reference and shall be a part of this ordinance. SECTION 2.The application to the city by Aldi, Inc. for Development Plan Line assistance pursuant to Resolution No. R91-008, in the amount of $80,000 for the above- described off-site sewer line construction expenses to the proposed Facility, has been duly considered and is hereby approved by the City Council. SECTION 3.The City Manager is hereby authorized to expend thefunds that are authorized by this ordinance. SECTION4. This ordinance shall take effect from and after the date of 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: _________________________________ Page 2 EXHIBIT 7 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3February 25, 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 thereafter convened into an Open Meeting on 7Monday, February 25, 2008 at 9:03 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10 Chair Charldean Newell, Bill Cheek, Phil Gallivan, John Baines, and Randy 11Robinson 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities, excused 16 Absent: 17Dick Smith and Bill Grubbs, excused 18 ITEMS FOR INDIVIDUAL CONSIDERATION 19: 20 218) Consider recommending approval of the Development Plan Line assistance for extension of 22sewer lines for the construction of a new Divisional Office and Distribution Center as 23requested by Aldi, Inc. 24 25Coulter called on P.S. Arora, Assistant Director of Wastewater Utilities, to present. Arora 26referred to Resolution R-91-008 which allows a developer, proposing a project in the City of 27Denton, to ask for assistance for extension of water/sewer lines to the property. Aldi is 28proposing to build a Divisional Office and Distribution center on the north side of town just 29south of the airport. It is a proposed $35 to $45 million dollar project with substantial 30employment opportunities for the city. Currently there are existing water and sewer lines in the 31proximity of the proposed project. A 12-inch water is adjacent to the proposed project and will 32not require any off-site extension by the City; therefore no assistance for extension of water lines 33is needed. However, the closest sewer line is located off of Sky Lane, is uphill from the project, 34and will require a Grinder Pump station and a pressure main to discharge to the 8-inch sewer 35line. 36 37 Aldi has submitted an application for infrastructure assistance and staff has conducted the 38cost/benefit analysis requirement and results indicate that the City will receive a benefit of 39$446,818 over a five-year period. The net benefit, after subtracting the off-site sewer project 40cost over five years, is estimated at $360,818. 41 42Arora stated that staff recommends approval of the request. 43 Board Member Gallivan left the meeting at 10:46 a.m. 44 45 Board Member Robinson moved to approve with a second from Board Member Cheek. 46 The motion was approved by a 4-0 vote. 47 48 49The meeting was adjourned by consensus at 10:54 a.m. 50 AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 DEPARTMENT: Electric Utility ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to the Dark Fiber Lease Agreement by and between the City of Denton, Texas and the University of North Texas; authorizing the expenditure of funds therefor; providing for retroactive approval of the agreement; and providing an effective date. The Public Utilities Board recommends approval (5-0). BACKGROUND The University of North Texas has been a Denton Municipal Electric (DME) dark fiber customer since 2003. The University of North Texas is a valued DME customer and would like to renew its lease agreement for an additional five (5) years. The rates for dark fiber rental are in accordance with the applicable tariff. The tariff is established by the annual Electric Rate Ordinance, Schedule DFR. The rates stated in the First Amendment are in accordance with that tariff. The term of renewal is also in accordance with that tariff. The renewal of this dark-fiber lease is a win-win for both entities. OPTIONS 1.Approve the attached First Amendment to Dark Fiber Lease, which involves the renewal of the fiber connection between Mathews Hall, 1300 West Highland Street, Denton, Texas 76201 to UNT Research Park, Second Floor, Main Distribution Frame, located at 3940 Elm Street, Denton, Texas 76207. 2.Do not approve the attached Agreement. RECOMMENDATION DME recommends approval of the First Amendment to Dark Fiber Lease. ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council approved the initial University of North Texas dark fiber lease agreement in 2003. The University of North Texas has duly approved the attached First Amendment to Dark Fiber Lease. th This item was presented to the Public Utilities Board at their March 24 regular meeting. The Public Utilities Board recommends approval (5-0). FISCAL INFORMATION The total revenue DME will receive under this Agreement is $128,400. BID INFORMATION Not applicable EXHIBITS 1.Ordinance 2.First Amendment to Dark Fiber Lease Agreement Respectfully submitted: Phil Williams General Manager of Electric Utilities Denton Municipal Electric Prepared by: Harry F. Hettinger Jr. Communications Superintendent Denton Municipal Electric EXHIBIT 1 ORDINANCE NO. 2008-________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO DARK FIBER LEASE AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE UNIVERSITY OF NORTH TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (hereafter the “City”) has previously leased dark fiber facilities to the University of North Texas (hereafter the “University”), from the University Main Campus to the University Research Park, for a term of five (5) years, by a Dark Fiber Lease Agreement (hereafter the “Agreement”), effective January 1, 2003, as approved by ordinance of the City Council; and WHEREAS, the provisions of State law (Texas Utilities Code §54.2025, as amended) permit the City to lease the excess capacity of its fiber optic cable system; the City finds that it has excess capacity in its fiber optic system, and desires to lease the same, in a non- discriminatory manner, in accordance with its published tariff, to the University of North Texas for its public purposes; and WHEREAS, the City Council deems it necessary and appropriate and in the public interest to enter into the First Amendment to Dark Fiber Lease Agreement (hereafter the “First Amendment”) with the University for a term of an additional five (5) years; and WHEREAS, negotiations for renewal of this First Amendment began in late 2007, by and between the City and the University; and the First Amendment which is being considered on this date was circulated, approved and executed by the University in February 2008; and WHEREAS, the matter of this First Amendment was presented in an open meeting of the th Public Utilities Board (hereafter the “Board”) on the 24 day of March, 2008, and the Board recommended approval to the City Council by a vote of 7-0; and WHEREAS, the City and the University have stipulated and agreed that the First Amendment shall be in all things effective from and after January 1, 2008, which shall be the commencement date of the said First Amendment; in order to make the University’s five (5) year renewal lease term continuous with the previous Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations stated in the preamble to this ordinance are true and correct and are incorporated herewith as a part of this ordinance. SECTION 2: The City Manager is hereby authorized to execute a First Amendment to Dark Fiber Lease Agreement by and between the City of Denton, Texas and the University of North Texas for the lease of dark fiber optics pertaining to the matters hereinabove described, in 1 substantially the form of the First Amendment to Dark Fiber Lease Agreement attached hereto and incorporated herewith by reference. SECTION 3: The expenditure of funds, if any, as provided for in the attached First Amendment to Dark Fiber Lease Agreement, is hereby authorized. SECTION 4 The First Amendment is hereby ratified and retroactively approved and confirmed, and shall be effective from and after January 1, 2008. SECTION 5: Except as provided in Section 4 hereinabove, 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: __________________________________ 2 EXHIBIT 2 EXHIBIT 3 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3March 24, 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 thereafter convened into an Open Meeting on 7Monday, March 24, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10 Chair Charldean Newell, Dick Smith, Phil Gallivan, Randy Robinson, Bill 11Grubbs, Bill Cheek (arrived at 9:03 a.m.), and John Baines (arrived at 9:08 a.m.) 12 : 13 Ex Officio Members 14 Howard Martin, ACM Utilities 15 Absent 16: George C. Campbell, City Manager, excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21The Public Utilities Board has received background information, staff’s recommendations, and 22has had an opportunity to raise questions regarding these items prior to consideration. 23 241)Consider recommending approval of the First Amendment to Dark Fiber Lease Agreement 25by and between the City of Denton, as Lessor and the University of North Texas, as Lessee; 26wherein the City will receive $128,400 in rental pursuant to the City's Electric Rate 27Ordinance over a five year renewal term. 28 Board Member Randy Robinson moved to approve Items 1 with a second from board 29 Member Dick Smith. The motion was approved by a 5-0 vote. 30 31 Draft Minutes of the Public Utilities Board meeting March 24, 2008 2 of 5 1 ITEMS FOR INDIVIDUAL CONSIDERATION: 2 3 43)Consider recommending approval of an Ordinance authorizing the City Manager to execute 5change order number one to the contract between the City of Denton and Techline, Inc.; 6providing for the expenditure of funds therefore; and providing an effective date (Bid 3941- 7Single Purchase of Electric Distribution Cables Change Order Number One as reflected in 8Exhibit 2 in the estimated amount of $245,000). 9 10Board Member Grubbs questioned the option of installing overhead lines in a designated 11underground utility area and what would be the impact. Chuck Sears, stated that at this time 12staff is trying not to do install overhead lines; however, there is one area in the north side of the 13Razor Ranch project where Rayzor Ranch asked DME to install an overhead less due to 14uncertainties as to where buildings are going to be. It is less than ½ mile in total length. Phil 15Williams, General Manager DME, stated that lines would be installed behind the big boxes, not 16on the street or behind the stores. 17 Board Member Grubbs moved to approve with a second from Board Member Phil 18 Gallivan. The motion was approved by a 6-0 vote. 19 20 215)Consider recommending approval of the Public Utilities Board meeting minutes of: 22a.March 10, 2008 23 The minutes were approved as circulated. 24 25 266)Consider recommending approval of awarding a Management Study of Electric Utility and 27Support Services to Navigant Consulting, Inc., based on proposal evaluation criteria, as 28provided for in the Request for Sealed Proposal #3930 in the amount of $259,750. 29 30Howard Martin, ACM Utilities, called on Phil Williams to present. Williams stated that all city 31utilities are required by the City Charter to conduct a management study every ten years. Staff 32prepared an RFSP and had three groups respond with very detailed proposals. Based on 33proposed evaluation criteria city staff reviewed the proposals, had the two finalists make 34presentations and from that determined that Navigant had more Texas based people who 35understood the Texas market and would therefore provide a good study. 36 37Williams at the request of Martin reviewed the components of the study which will be 1) DME 38Operation and Management Review, 2) DME Power Supply Review, 3) NERC Compliance 39Requirements, 4) Establishment of Special Purchasing Guidelines for DME, and; 5) Additional 40Areas of Study which will include a review of the DEM warehouse support services. 41 42Chair Newell reminded the Board that it had an opportunity for input on the components of the 43study back in November 2007 and agreed that these were the items to be included in the study. 44Gallivan stated that to him the most important is Task 2 – DME Power Supply Review. 45 Draft Minutes of the Public Utilities Board meeting March 24, 2008 3 of 5 1Board Member Robinson asked what the time frame was. Williams replied Council approval is 2scheduled for April 1 with the study beginning in May with an estimated 12 weeks for 3completion. 4 Board Member Smith moved to approve with a second from Board Member Gallivan. The 5 motion was approved by a 6-0 vote. 6 7 87)Consider recommending approval of awarding a Management Study for Water and 9Wastewater Utilities and Support Services to Matrix Consulting Group, based on proposal 10evaluation criteria, as provided for in the Request for Sealed Proposal #3962 in an amount 11not to exceed $59,000. 12 Chair Newell recused Board Member John Baines whose firm had submitted a proposal. 13 14 15Martin called on Jim Coulter, Director of Water Wastewater Utilities, to present. Coulter stated 16this study is also required and that staff received 6 proposals for this project and that the scope 17and the process of how staff reviewed the submittals and rankings are included in the backup. 18Additional areas of Engineering and Customer Service were included in this study. Staff noticed 19that the Customer Service area had been included in both studies and staff has agreed to enter 20into negotiations with the selected vendors to combine this portion and ensure criteria from both 21requests are met. There may be some adjustment in the water wastewater dollar amount or it 22may be applied to an increase in the Engineering analysis. 23 24Board Member Grubbs asked if the budgeted amount was the same as the bid amount. Coulter 25replied $60,000. Grubbs replied that it was pretty close. 26 Board Member Smith moved to approve with a second from Board Member Gallivan. The 27 motion was approved by a 6-0 vote. 28 29 30Chair Newell asked if the city had any experience with Matrix. Martin replied staff has had 31some experience with Matrix and it has been positive. 32 338)Receive a report, hold a discussion and give staff direction regarding impact fee zones and 34varying impact fees associated with respective zones, in conjunction with the 2008 impact 35fee study. 36 379)Receive a report and hold a discussion regarding the Quarterly Financial Report. 38 3910)ACM Update: 40 4111)New Business – This item provides an opportunity for Public Utilities Board members to 42suggest items for future agendas or to request information from the Assistant City 43Manager for future meetings. 44 Chair Charldean Newell announced that a quorum was present and convened into a closed 45 meeting at 10:57 a.m. to consider the following under the provisions of §551.086 of the 46 Texas Government Code. 47 Draft Minutes of the Public Utilities Board meeting March 24, 2008 4 of 5 1 CLOSED MEETING 2: 3 4 [**Before the Public Utilities Board (“PUB”) may discuss, deliberate, vote, or take final 5action on each of the agenda items posted as a “competitive matter” in a Closed Meeting 6under the provisions of Texas Government Code §551.086(c) relating to “Public Power 7Utility” items, the Chair of the PUB shall first announce the time, and then the PUB must 8then vote and make a good faith determination, by a majority vote of its members, that if any 9particular agenda item listed under the “Closed Meeting” section is an electrical “competitive 10matter” that satisfies the requirements of §551.086(b)(3). If there is more than one 11“competitive matter” item on the PUB agenda, then a separate vote must be taken for each 12item. The vote shall be taken during the Closed Meeting and shall be included in the 13certified agenda or tape recording of the Closed Meeting. If the PUB fails to determine by a 14majority vote of its members that the particular agenda item satisfies the requirements of 15§551.086(b)(3), then the PUB may not discuss, deliberate or take any further action on that 16 Agenda item in its Closed Meeting. For any agenda item listed under any other section of 17the Texas Government Code, other than §551.086, consideration in the Closed Meeting is 18permitted without the necessity of a preliminary motion and a vote of the Board being taken.] 19 ADELIBERATIONS REGARDING CERTAIN PUBLIC POWER UTILITIES: 20. COMPETITIVE MATTERS --- Under Texas Government Code §551.086. 21 22 231.Receive competitive electric information, including financial information from staff 24pertaining to Denton Municipal Electric (“DME”) electric service rate issues and 25strategies, including without limitation, the Third Quarter FY 2008 Energy Cost 26Adjustment (“ECA”) and Renewable Cost Adjustment (“RCA”) rates and other 27related matters; and discuss, deliberate, consider, determine policy, and provide 28Staff with direction regarding such matters. 29 302.Receive competitive public power information and financial documentation from 31Staff in the form of the Denton Municipal Electric (“DME”) Executive Summary 32together with the January 2008 DME Budget versus Actual Revenues, Expenses, and 33Commodity Volumes; and discuss, deliberate, consider, and provide Staff with 34direction regarding such matters. 35 363.Receive a report and presentation from staff regarding the electric customer and 37megawatt-hour forecasts of Denton Municipal Electric; discuss, deliberate and 38provide staff with direction regarding such matters. 39 4012)Official Action, if necessary, on Closed Meeting item(s) under §§551.071- 41551.088 of the Texas Government Code, as amended. 42 4313) Adjournment 44 Draft Minutes of the Public Utilities Board meeting March 24, 2008 5 of 5 CERTIFICATE 1 2 3I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the st 4City of Denton, Texas, on the 21 of March 2008 at ________o’clock A.M. 5 6 7______________________________________ 8 CITY SECRETARY 9 10 NOTE: The Service Center Training Room, City of Denton Service Center is handicap-accessible in 11 accordance with the Americans with Disabilities Act. The City will provide sign language interpreters for 12 the hearing impaired if requested at least 48 hours in advance of the scheduled meeting. Please call the 13 City Secretary’s office at (940) 349-8309 or use telecommunications devices for the deaf (TDD) by 14 calling 1-800-RELAY-TX so that a sign language interpreter can be scheduled through the City 15 Secretary’s Office. AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 DEPARTMENT: Planning and Development ACM:Fred Greene, 349-8351 ______________________________________________________________________________ SUBJECT- A07-0006(Hills of Denton NorthAnnexation) Hold the first of two public hearings to consider,under the annexation procedures for areas exempted from the municipal annexation plan, thevoluntaryannexation and service plan for approximately 484.84acres of land located west of Locust Street (FM2164) and south of Milam Road, see Exhibit 1.The Planning and Zoning Commission recommends 7-0 that the annexation for A07-0006proceedsas scheduled. BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX Anannexation proceeding is being considered by the City of Denton for approximately 484.84 acres of land located west of Locust Street (FM2164) and south of Milam Road. The subject annexation areacontains 26 parcels and iscurrently developed as Agriculture and Rural Residential. On April 3, 2007, the City annexed approximately 1,198 acres of land which is now part of the Hills of Denton,located south of the subject annexation area. Following the annexation, on July 17, 2007, City Council approved the Hills of Denton Master Plan Community (MPC). The applicant of the Hills of Denton MPC is the same as the applicant for the subject annexation. The intent of the applicant is to annex the property into the City and then process an application fora new MPC called Hills of Denton North. The following items summarize the proposed annexation and important actions taken: On March 12, 2008, Planning and Zoning Commission held a public hearing regarding the proposed annexation. The subject property pr- territorial Jurisdiction (ETJ) and is not zoned. The Comprehensive Plan identifies this area to be within a Rural Areasand Neighborhood Centers land use designation. The annexation is scheduled for completion on June 17, 2008,see Exhibit 2. developments are proposed. within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of- way within a platted lot; any subdivision or reconfiguration of the subject property will be subject to additional properties. Public notification information is provided in Exhibit 4. As of this writing, staff has received one responsefrom property owners within 200 feet of the subject site.The property owner is neutral to the annexation petition. OPTIONS 1.Proceed with the annexation. 2.Amend the land area proposed for annexation. 3.Amend the Service Plan. 4.Discontinue annexation. RECOMMENDATION The Planning and Zoning Commission recommends 7-0 that the annexationfor A07-0006 proceedsas scheduled. Staff recommends that the public hearings proceed as scheduled, finding that the need to manage and coordinate development in an orderly manner is a significant city objective that the City of Denton will pursue. PRIOR ACTION/REVIEW (Council, Boards, Commissions) March 12, 2008Planning and Zoning Commission Public Hearing FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. EXHIBITS 1.Location Map 2.Annexation Summary Schedule 3.Service Plan 4.Service Area Analysis 5.Notification Information 6.March 12, 2008 P&Z Minutes Prepared by:Respectfully submitted: Ron MenguitaMark Cunningham, AICP Planning SupervisorDirector of Planning and Development EXHIBIT 1 LOCATION MAP EXHIBIT 2 ßÒÒÛÈßÌ×ÑÒ ÍËÓÓßÎÇ ÍÝØÛÜËÔÛ Ø·´´ ±º Ü»²¬±² Ò±®¬¸ ß²²»¨¿¬·±² Notices to Intent to Annex will be sent on February 8, 2008. Tuesday, 4/1/08 City Council conducts first public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Annexation Study prepared and available for public review. Service Plan prepared and available for public review. Tuesday, 4/15/08City Council conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, 3/12/08 Planning and Zoning Commission public hearings –make a recommendation to City Council regarding the proposed annexation. Tuesday, 5/6/08 City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, 5/11/08Ordinance published The ordinance cannot be acted upon until at least 30 days after publication. Tuesday, 6/17/08 City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes st annexation proceedings (adopts ordinance on 1 reading). The second reading of the ordinance could be held any time between June 10, 2008 and August 9, 2008. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local st Government Code requires that City Council institute annexation proceedings (1 Reading of the 20 days after the second City Council public hearing but less than 40 Ordinance) more than days from the first City Council public hearing. EXHIBIT 3 CITY OF DENTON SERVICE PLAN FOR A07-0006 Hills of Denton North Annexation I.AREA ANNEXED The annexation area is located west of Locust Street (FM 2164) and south of Milam Road. II.INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract(s) the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III.AD VALOREM (PROPERTY OWNER) TAX SERVICES A.Police Protection, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B.Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 6 to 9 minutes from Station #4 located at 2110 E. Sherman and Station #5 located at 2230 W. Windsor. The City of Denton will provide emergency C.Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County, shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. D.Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are not within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. E.Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. This annexation will impact the current level of library services provided at the North Branch Library as it is in proximity to the service plan request. F.Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. G.Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Denton Development Code, concerning subdivision and land development regulations. -2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tract is within the Rural Areas land use designation. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. IV.UTILITY (RATEPAYER) SERVICES A.Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. City Ordinance requires Solid Waste services for all residences and commercial businesses located within the city limits. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit a request/application for service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be provided a wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly bulky item collection service is provided. Weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling information. bulky item collection service, and yard waste service will occur the same day of each week. Please telephone Customer Service, 940-349-8787, to answer any remaining questions, and sign up for service. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B.Water/Wastewater Facilities There are no water and wastewater facilities in the area to be annexed. The City will provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. C.Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City will provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D.Electrical Services CoServ Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. V.OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI.CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation. No construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ½) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VII.UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII.TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. IX.AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). ÛÈØ×Þ×Ì ì ÍÛÎÊ×ÝÛ ßÎÛß ßÒßÔÇÍ×Í ßðéóðððê Ø·´´ ±º Ü»²¬±² Ò±®¬¸ ß²²»¨¿¬·±² The Planning and Development Department has received a request for annexation of approximately 484.84 acres of land located west of Locust Street (FM 2164) and south of Milam Road. Size: 484.84 acres Location: West of Locust Street (FM 2164) and south of Milam Road Proposed use: Single Family Dwellings and Commercial Retail Proposed zoning: Master Plan Community (MPC) The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please ability to provide services to the proposed area it is necessary to document: proposed area; additional personnel and capital equipment/facilities necessary to provide an adequate level of service to the proposed area; and cost of providing additional service. Û¨·¬·²¹ Ý±²¼·¬·±²æ Proximity to existing arterial and collector roads. This site is located on the southwest corner of Locust Street (FM 2164) and Milam Road. The Mobility Plan designates Locust Street as a Primary Major Arterial and Milam Road as a Secondary Major Arterial. There is a Secondary Major Arterial that runs east-west along the southern boundary of the site. Future Land Uses. The proposed annexation area is within the Rural Areas and Neighborhood Centers land use designations. Existing land uses: The majority of the subject site is currently undeveloped. There are approximately 9 existing structures located on the site. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that this property contains ESA Undeveloped Floodplain and Riparian Buffers. This site contains 100- year floodplain. Proximity to other service providers: This property is along the northern border of the City of Denton. Based on the current data, there is no water line or sewer line in close proximity to the subject site. The closest water line is located south along Loop 288. Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Ron Menguita in the Ó¿®½¸ ëô îððè Planning and Development Department by , and call (940) 349-8328 if there are any questions. ÍÛÎÊ×ÝÛ ßÎÛß ßÒßÔÇÍ×Í ßðéóðððê Ø·´´ ±º Ü»²¬±² Ò±®¬¸ß²²»¨¿¬·±² Ú·®» 1. Fire and Emergency Medical Services can be provided to the area from station(s) ý ì ´±½¿¬»¼ ¿¬ îïïð Ûò Í¸»®³¿² ¿²¼ ýë ´±½¿¬»¼ ¿¬ îîíð Éò É·²¼±® . êóç ³·²«¬» 2. Estimated response time. ë ³·²«¬» 3. Appropriate response time in the City. Ò± 4. Is a new fire station approved in the CIP that could serve this area? If yes, what is the CIP program year? Ç» 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? îðïî If yes, when should this station be operational? 6. Total estimated funding for equipment, employees and/or facilities needed to serve this ÌÞÜ area strictly based on annexation and proposed development. 7. Please comment on the cumulative impact of annexation and development. Òñß At what population level would another fire station facility be required? Is there an accepted facility/equipment to population ratio that can be used for planning Ò± purposes? Is there an accepted fire fighter to population ratio that can be used for planning Ò± purposes? Additional Comments: Î± Ý¸¿¼©·½µô Ú·®» Ý¸·»º Ó¿®½¸ ìô îððè _______________________________ _______________ Person to contact if there are questions Date ÍÛÎÊ×ÝÛ ßÎÛß ßÒßÔÇÍ×Í ßðéóðððê Ø·´´ ±º Ü»²¬±² Ò±®¬¸ß²²»¨¿¬·±² Ð¿®µ ¿²¼ Î»½®»¿¬·±² 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? Ò±²» ¿®» ©·¬¸·² ¬¸» °®±°±»¼ ¿²²»¨¿¬·±²ò Ì¸» ½´±»¬ Ü»²¬±² Ð¿®µ °®±°»®¬·» ¬± ¬¸» °®±°±»¼ ¿²²»¨¿¬·±² ¿®»¿ ¿®» Ò±®¬¸ Ô¿µ» Ð¿®µ íòî ³·´» ¬± ¬¸» ±«¬¸ô Ûª»® Ð¿®µô íòë ³·´» ¬± ¬¸» ±«¬¸ ¿²¼ É¿¬»® É±®µ Ð¿®µô í ³·´» ¬± ¬¸» »¿¬ò Ý«®®»²¬ ®»·¼»²¬ ©·´´ ¾» ¿¾´» ¬± «» »¨·¬·²¹ Ý·¬§ ±º Ü»²¬±² °¿®µô º¿½·´·¬·» ¿²¼ °®±¹®¿³ò 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar Ì¸» îððð Ü»²¬±² Ð¿®µ ¿²¼ Î»½®»¿¬·±² Ó¿¬»® Ð´¿² ¼±» »¨¬»²¼ ¬± ¬¸» standards? ¹»²»®¿´ ¿®»¿ ±º ¬¸» °®±°±»¼ ¿²²»¨¿¬·±²ò ß ²»·¹¸¾±®¸±±¼ «¾¼·ª··±² ¼»ª»´±°³»²¬ ±½½«®ô ²»·¹¸¾±®¸±±¼ °¿®µ ¿²¼ ½±³³«²·¬§ °¿®µ ©·¬¸ ¿¬¸´»¬·½ º¿½·´·¬·» ©·´´ ¾» ²»½»¿®§ò Ì¸· ©·´´ ¾» ¿½½±³°´·¸»¼ ¾§ ¬¸» «» ±º ¬¸» Ý·¬§ ±º Ü»²¬±² Ð¿®µ Ô¿²¼ Ü»¼·½¿¬·±² Ñ®¼·²¿²½» ©¸·½¸ ½¿´½«´¿¬» ¬¸» ®»¯«·®»¼ ¿½®»¿¹» ¿ ®»·¼»²¬·¿´ ¿®»¿ ¿®» º·²¿´ °´¿¬¬»¼ò îòë ¿½®» °»® ïôððð °±°«´¿¬·±² ø¬± ¾» ¼»¼·½¿¬»¼ ¿¬ ¬·³» ±º Neighborhood Parks: ¼»ª»´±°³»²¬÷ ë ¿½®» ³·²·³«³ ·¦»ò Ò»·¹¸¾±®¸±±¼ Ð¿®µ Ü»ª»´±°³»²¬ ½±¬ °»® ¿½®» · ¿°°®±¨·³¿¬»´§ üêðôðððñ¿½®»ò í ¿½®» °»® ïôððð °±°«´¿¬·±² Community Parks: íð ¿½®» ³·²·³«³ _____ cost per acre. Recreation Center: _____square feet per 1,000 population. _____square feet minimum size. _____cost per square foot. Other facilities Community Parks: _____ square feet per 1,000 population. _____ square feet minimum size. _____ cost per square foot. 3. How much additional funding will be needed for maintenance if additional park facilities Ò±²» ®»¯«·®»¼ º±® Ð¿®µ ¿¬ ¬¸· ¬·³»ò Ø±©»ª»® are developed to serve this area? ¿¼¼·¬·±² ³±©·²¹ º±® ¬®»»¬ ®·¹¸¬ ±º ©¿§ ©·´´ ¾» ²»»¼»¼ò ß²²«¿´ Ý±¬ º±® ²»© ¬®»»¬ ®·¹¸¬ ±º ©¿§ ³±©·²¹ º±® ë ½§½´» · »¬·³¿¬»¼ ¿¬ üïððòðð °»® ½§½´» °»® ³·´» ±º ²»© ®·¹¸¬ ±º ©¿§ ³±©·²¹ ¿®»¿ ¬± ½±³» ·²¬± ¬¸» ½·¬§ò Þ¿»¼ ±² üìïòðð °»® ¿½®» °»® ³±©·²¹ ½§½´»ò Service Standard: 4. How many additional personnel would be needed to properly serve this area if annexed Ò± ¿¼¼·¬·±²¿´ °»®±²²»´ º±® Ð¿®µ ³¿·²¬»²¿²½» ®»¯«·®»¼ ¿¬ ¬¸· and developed? ¬·³»ò Ø±©»ª»® ¿¼¼·¬·±²¿´ ®»±«®½» ©·´´ ¾» ®»¯«·®»¼ º±® ®±¿¼ ®·¹¸¬ ±º ©¿§ ³±©·²¹ ¿´±²¹ ®±¿¼©¿§ ¬¸¿¬ ¾»½±³» ½·¬§ ¬®»»¬ò _____ additional personnel per 1,000 population; _____ additional personnel per 1,000 square feet of facility; or _____ additional personnel per acre of park. 5. Service Standards: _____ additional personnel per 1,000 population _____ cost per additional personnel Additional Comments: Ü»²¬±² Ð¿®µ ¿²¼ Î»½®»¿¬·±² Ü»°¿®¬³»²¬ ©·´´ ¿¬¬»³°¬ ¬± ½±±®¼·²¿¬» °´¿½»³»²¬ ±º °¿®µ º¿½·´·¬·» °®±°±»¼ º±® ¼»ª»´±°³»²¬ ¾§ ¬¸» ¼»ª»´±°»® ±® «» º«²¼ º®±³ ¬¸» Ð¿®µ Ô¿²¼ Ü»¼·½¿¬·±² ®»¯«·®»³»²¬ ¬± °«®½¸¿» ±® »¨°¿²¼ »¨·¬·²¹ °¿®µ ©·¬¸·² ¬¸» »®ª·½» ¿®»¿ ±º ¬¸· ¼»ª»´±°³»²¬ò Þ±¾ Ì·½µ²»®ô Í«°»®·²¬»²¼»²¬ ±º Ð¿®µ Ð´¿²²·²¹ ¿²¼ Ü»ª»´±°³»²¬ Ó¿®½¸ îìô îððè _______________________________ ___________ Person to contact if there are questions Date ÍÛÎÊ×ÝÛ ßÎÛß ßÒßÔÇÍ×Í ßðéóðððê Ø·´´ ±º Ü»²¬±² Ò±®¬¸ß²²»¨¿¬·±² Ð±´·½» 1. Estimated average response time for this area based on current department conditions: ç ³·²«¬» Priority îð ³·²«¬» Non-priority ïì ³·²«¬» Average 2. Appropriate average response time in the city based on current department conditions: ç ³·²«¬» Priority îð ³·²«¬» Non-priority ïì ³·²«¬» Average 3. If annexed and developed as proposed will additional personnel be needed as a specific Ò± result of this proposal? . If yes, how many? _____ What type? _____ Ò± 4. Will additional equipment and funding be needed to serve this area? . If yes, what type? _____ 5. Will a police substation or other facility be needed to serve this area as a result of Ò± annexation and development? . If yes, when should the new facilities be operational? _____ 6. Please comment on the cumulative impact of annexation and development. Òñß At what population level would another police facility be required? Is there an accepted facility/equipment to population ratio that can be used for planning Ò± purposes? Is there an accepted officer to population ratio that can be used for planning purposes? Ò± Additional Comments: Ý¿°¬¿·² Í½±¬¬ Ô¿²¹º±®¼ Ó¿®½¸ îìô îððè ________________________________ _____________ Person to contact if there are questions Date ÍÛÎÊ×ÝÛ ßÎÛß ßÒßÔÇÍ×Í ßðéóðððê Ø·´´ ±º Ü»²¬±² Ò±®¬¸ß²²»¨¿¬·±² Ô·¾®¿®§ 1. Estimated additional funding needed strictly based on proposed annexation and üìðôëðð development. Í·²½» ¬¸» 2. Please comment on the cumulative impact of annexation and development. °®±°±»¼ ¿²²»¨¿¬·±² ¿®»¿ ¸±© ¿ ³¿¨·³«³ ±º ïôêèì ·²¹´» º¿³·´§ «²·¬ô ¬¸» ¿²²»¨¿¬·±² ¿²¼ ¼»ª»´±°³»²¬ ±º ¬¸» Ø·´´ ±º Ü»²¬±² Ò±®¬¸ ©·´´ ¸¿ª» ¿ ²»¹¿¬·ª» ·³°¿½¬ ±² ´·¾®¿®§ »®ª·½» ¿¬ ±«® Ò±®¬¸ Þ®¿²½¸ º¿½·´·¬§ò ïíïôéíè 3. At what population level would another library facility be required? 4. Is there an accepted circulation to population ratio that can be used for planning Ç»ò éòìé · ¬¸» ²¿¬·±²¿´ îððé ¿²²«¿´ ½·®½«´¿¬·±² °»® ½¿°·¬¿ ¿ª»®¿¹» º±® purposes? ¬¸» »®ª·½» ¿®»¿ °±°«´¿¬·±² »®ª»¼ ¾§ ¬¸» Ü»²¬±² Ð«¾´·½ Ô·¾®¿®§ò 5. Is there an accepted employee to population ratio that can be used for planning Ç»ò ß½½±®¼·²¹ ¬± ¬¸» Ì»¨¿ Ð«¾´·½ Ô·¾®¿®§ Í¬¿²¼¿®¼ ·¬ · ±²» øï÷ purposes? ÚÌÛ °»® ïôððð °±°«´¿¬·±² ¿²¼ ±²» øï÷ °®±º»·±²¿´ ´·¾®¿®·¿² °»® èôððð °±°«´¿¬·±²ò 6. If annexed, can anticipated service demands be met using existing materials, facilities, Ò±ò Ì¸» °®±°±»¼ ¿²²»¨¿¬·±² ¿®»¿ °±°«´¿¬·±² ©·´´ ·²½®»¿» and personnel? »®ª·½» ¼»³¿²¼ ¿¬ ±«® Ò±®¬¸ Þ®¿²½¸ ©¸·½¸ · ¿´®»¿¼§ ±°»®¿¬·²¹ ¿¬ ®»¼«½»¼ ¬¿ºº·²¹ ´»ª»´ò 7. If not, how many additional employees and what type of facilities and materials will be Ì¸®»» øí÷ ¿¼¼·¬·±²¿´ »³°´±§»» ¿®» ²»»¼»¼ ¬± °®±ª·¼» needed to provide services? ¿¼»¯«¿¬» ¬¿ºº·²¹ ©¸»² ¬¸» ²«³¾»® ±º ³¿¨·³«³ ·²¹´» º¿³·´§ «²·¬ · ¾«·´¬ ±«¬ò Additional Comments: Ì¸· ¿²²»¨¿¬·±² ©·´´ ·³°¿½¬ ¬¸» ½«®®»²¬ ´»ª»´ ±º ´·¾®¿®§ »®ª·½» °®±ª·¼»¼ ¿¬ ±«® Ò±®¬¸ Þ®¿²½¸ ¿ ·¬ · ·² °®±¨·³·¬§ ¬± ¬¸» »®ª·½» °´¿² ®»¯«»¬ò Ûª¿ Ð±±´» Ó¿®½¸ ëô îððè ________________________________ ____________ Person to contact if there are questions Date ÍÛÎÊ×ÝÛ ßÎÛß ßÒßÔÇÍ×Í ßðéóðððê Ø·´´ ±º Ü»²¬±² Ò±®¬¸ß²²»¨¿¬·±² Í±´·¼ É¿¬» Ç» 1. Is residential solid waste service available to the proposed area for annexation? 2. Is commercial solid waste service available to the proposed area for annexation? Ç» 3. What is the estimated cost to provide this area with solid waste service? Î»·¼»²¬·¿´æ Ô¿®¹» Î»º«» Ý¿®¬ ó üïéòéë ñ ³±²¬¸ Ó»¼·«³ Î»º«» Ý¿®¬ ó üïêòêð ñ ³±²¬¸ Í³¿´´ Î»º«» Ý¿®¬ ó üïëòðð ñ ³±²¬¸ Î»½§½´·²¹ Ý¿®¬ ó üíòëð ñ ³±²¬¸ Ý±³³»®½·¿´æ Þ¿»¼ ±² ½±²¬¿·²»® ·¦»ô ¿²¼ º®»¯«»²½§ ±º »®ª·½»ò 4. What is the typical revenue collected per: Ø±«»¸±´¼ò Þ¿»¼ ±² Î»º«» Ý¿®¬ ·¦» »´»½¬»¼ò Ý±³³»®½·¿´ Þ«·²» Þ¿»¼ ±² ½±²¬¿·²»® ·¦»ô ¿²¼ »®ª·½» º®»¯«»²½§ò Ò± 5. Will additional equipment be needed to serve this area if annexed or developed? Ò±²» Type of Equipment. Òñß Cost of Equipment. Ò± 6. Will additional employees be needed to serve this area if annexed or developed? Ò±²» Type of Employees. Ò±²» Number of Employees. 7. Please comment on the cumulative impact of annexation and development. Òñß At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning Ò± purposes? Is there an accepted employee to population ratio that can be used for planning Ò± purposes? Additional Comments: Íò Ô»¾¿½µô ÍÉ ß¼³·²·¬®¿¬·±² Ó¿²¿¹»® Ó¿®½¸ ìô îððè ________________________________ ____________ Person to contact if there are questions Date ÍÛÎÊ×ÝÛ ßÎÛß ßÒßÔÇÍ×Í ßðéóðððê Ø·´´ ±º Ü»²¬±² Ò±®¬¸ß²²»¨¿¬·±² Û´»½¬®·½ Ë¬·´·¬·» 1. What is the distance to, location of, and size of the nearest CoServ electric line? _____ 2. What type of lines and facilities would be required to serve this area? _____ 3. Are any new lines or facilities proposed for construction to serve this area? _____ 4. Are there any potential responsibilities if this area is annexed? _____ 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? _____ Is there an accepted equipment to population ratio that can be used for planning purposes? _____ Is there an accepted employee to population ratio that can be used for planning purposes? _____ Additional Comments: Ý±Í»®ª Û´»½¬®·½ ¸¿ ·² °´¿½» ±² ±® ²»¿® ¬¸» ®»º»®»²½»¼ °®±°»®¬§ ¿² ¿¼»¯«¿¬» ¿²¼ ¼»°»²¼¿¾´» ±«®½» ±º »´»½¬®·½ °±©»® ¿²¼ »²»®¹§ ½¿°¿¾´» ±º «°°´§·²¹ »´»½¬®·½ »®ª·½» ¬± ¬¸» °®±°±»¼ ¼»ª»´±°³»²¬ ´±½¿¬·±²ò Í»®ª·½» ½¿² ¾» »¨¬»²¼»¼ ¬± ¬¸» ¼»ª»´±°»¼ ¬®¿½¬ «°±² ®»¯«»¬ ¿½½±®¼·²¹ ¬± ±«® ¿°°®±ª»¼ Ì¿®·ººò Ô±®»² Í³·¬¸ô Ð®±¶»½¬ Ó¿²¿¹»³»²¬ Ý±±®¼·²¿¬±® Ý±Í»®ª Ó¿®½¸ ïéô îððè ________________________________ ____________ Person to contact if there are questions Date ÍÛÎÊ×ÝÛ ßÎÛß ßÒßÔÇÍ×Í ßðéóðððê Ø·´´ ±º Ü»²¬±² Ò±®¬¸ß²²»¨¿¬·±² É¿¬»®ñÉ¿¬»©¿¬»® 1. What is the nearest City of Denton water line? íê ·²½¸ Size of water line. Ò±®¬¸ ·¼» ±º Ô±±° îèè ©»¬ ±º Ô±½«¬ Location of water line. Í¬®»»¬ Distance from proposed annexation. _____ 2. What is the nearest City of Denton sewer line? ïè ·²½¸ Size of sewer line. Ñ² Ò·½±·¿ Í¬®»»¬ ±«¬¸ ±º Ô±±° îèè Location of sewer line. íëðð º»»¬ Distance from proposed annexation. 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Ô·²» »¨¬»²·±² ®»¯«·®»³»²¬ ¿²¼ ´·²» ·¦» ©·´´ ¾» ¼»¬»®³·²»¼ Water lines ¼«®·²¹ ¬¸» °®»´·³·²¿®§ °´¿¬¬·²¹ °¸¿» ±º ¬¸» °®±¶»½¬ò íð ô íê ¿²¼ ìî ·²½¸ò Ý±²¬®«½¬·±² ±º »©»® ´·²» ©·´´ ½±·²½·¼» Sewer lines ©·¬¸ ¬¸» ¼»ª»´±°³»²¬ ±º Ø·´´ ±º Ü»²¬±² °®±°»®¬§ò Ì¸» »©»® ´·²» ©·´´ ¾»¹·² ¿¬ ¬¸» Ø·´´ ±º Ü»²¬±² °®±°»®¬§ ¿²¼ ¬®¿ª»´ »¿¬ ¿´±²¹ ¬¸» Ó·´¿³ñÝ´»¿® Ý®»»µ ¬± ¬¸» º«¬«®» °®±°±»¼ Ý·¬§ ±º Ü»²¬±² Ý´»¿® Ý®»»µ É¿¬»® Î»½´¿³¿¬·±² Ð´¿²¬ò ÒÑò 4. Are there any City of Denton lines included in the proposed annexation? 5. Please comment on the cumulative impact of annexation and development êôîëð At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning êôîëð purposes? Is there an accepted employee to population ratio that can be used for planning êôîëð purposes? Additional Comments: Ì¸» °®±°±»¼ ¿²²»¨¿¬·±² ¿®»¿ ©·´´ ¾» »®ª»¼ ¾§ ¬¸» ½±²¬®«½¬·±² ±º ¿ ²»© ·²¬»®½»°¬±® »©»® ´·²» ø»» óïîëô Ü¿¬»¼ Ö«²» ëô îððéô º±® ¿¹®»»³»²¬ ¾»¬©»»² Ý·¬§ ±º Ü»²¬±² ¿²¼ Ü»²¬±² îèè ÔÐô º±® Ð®±ª··±² ±º Í¿²·¬¿®§ Í»©»® ú É¿¬»® Ú¿½·´·¬·» °»®¬¿·²·²¹ ¬± Ø·´´ ±º Ü»²¬±² ©·´´ ¼·½¬¿¬» ¬¸» ®»°±²·¾·´·¬·» ±º ¬¸» Ý·¬§ ¿²¼ ¬¸» Ü»ª»´±°»® ±º Ø·´´ ±º Ü»²¬±² ¬± °®±ª·¼» ©¿¬»©¿¬»® ¿²¼ ©¿¬»® »®ª·½» ¬± ¬¸» °®±°±»¼ ¿²²»¨¿¬·±² ¿®»¿ò Ðò Íò ß®±®¿ô ß·¬¿²¬ Ü·®»½¬±® º±® É¿¬»©¿¬»®Ó¿®½¸ ìô îððè Ì·³ Ú·¸»®ô ß·¬¿²¬ Ü·®»½¬±® º±® É¿¬»® Ó¿®½¸ îëô îððè _____________________________ ____________ Person to contact if there are questions Date ÍÛÎÊ×ÝÛ ßÎÛß ßÒßÔÇÍ×Í ßðéóðððê Ø·´´ ±º Ü»²¬±² Ò±®¬¸ß²²»¨¿¬·±² Û²¹·²»»®·²¹ ¿²¼ Ì®¿²°±®¬¿¬·±² 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Type of Improvement Approximate Cost Í»» ½±³³»²¬ ¾»´±© 2. Are any of these improvements presently scheduled to be done at state or federal ÒÑ expense? . If yes, please identify facility and anticipated date improvements will begin. _____ 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). Í¬±®³ ©¿¬»® º®±³ ¬¸· °®±°»®¬§ ¼®¿·² ±«¬¸ ¿²¼ »¿¬ ¬± ¬¸» º´±±¼°´¿·² ±º Ó·´¿³ Ý®»»µ ¿²¼ Ó·´¿³ Ý®»»µ Ì®·¾«¬¿®§ ïðò ß¬ ¬¸· ¬·³»ô ²± °»½·º·½ ¼®¿·²¿¹» ·³°®±ª»³»²¬ ¿®» »²ª··±²»¼ ¬± ¾» ²»»¼»¼ ¿ ¿ ¼·®»½¬ ®»«´¬ ±º ¬¸· ¿²²»¨¿¬·±²å ¸±©»ª»®ô ¿ ¬¸· ´¿²¼ ¼»ª»´±°ô ¼®¿·²¿¹» ·³°®±ª»³»²¬ ©·´´ ¾» ®»¯«·®»¼ ·² ¿½½±®¼¿²½» ©·¬¸ ¬¸» Ý·¬§ ±º Ü»²¬±² Ü»ª»´±°³»²¬ Ý±¼»ô Ü®¿·²¿¹» Ý®·¬»®·¿ Ó¿²«¿´ ¿²¼ ±¬¸»® ¿°°´·½¿¾´» ±®¼·²¿²½»ò 4. Will additional equipment and facilities be needed as a specific result of this annexation ÒÑ and development? . If yes, what type of equipment or facility? _____ 5. Please comment on the cumulative impact of annexation and development. Òñß At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning Òñß purposes? Is there an accepted employee to population ratio that can be used for planning Òñß purposes? Additional Comments: ß Ì®¿ºº·½ ×³°¿½¬ ß²¿´§· ©·´´ ¾» ®»¯«·®»¼ ¬¸¿¬ ¿» ¬¸» »ºº»½¬ ¬± ¬¸» »¨·¬·²¹ ®±¿¼©¿§ ¿ ©»´´ ¿ ¬¸±» ®»¯«·®»¼ ±º ¬¸» Ü»²¬±² Ó±¾·´·¬§ Ð´¿²ò ß¼¼·¬·±²¿´ ®±¿¼©¿§ ³¿§ ¾» ®»¯«·®»¼ ¼»°»²¼·²¹ ±² ¬¸» ®»«´¬·²¹ ÔÑÍ ½¿°¿½·¬·» ¼»¬»®³·²»¼ò Ì¸» °®±°»®¬§ ±©²»® ¸±«´¼ ¾» ¿©¿®» ¬¸¿¬ ¬¸»®» · ¿ °®±°±»¼ ÛñÉ Ì±´´©¿§ º±® ¬¸· ¿®»¿ ¿²¼ ¸±«´¼ ½±²¬¿½¬ ¬¸» °®±°»® ¿«¬¸±®·¬·» º±® ¼·®»½¬·±²ò Þ»®²¿®¼ Ê±µ±«² Ó¿®½¸ ïìô îððè Ý¸¿¼ ß´´»² Ó¿®½¸ ïéô îððè ________________________________ ____________ Person to contact if there are questions Date ÍÛÎÊ×ÝÛ ßÎÛß ßÒßÔÇÍ×Í ßðéóðððê Ø·´´ ±º Ü»²¬±² Ò±®¬¸ß²²»¨¿¬·±² Ü»²¬±² ×²¼»°»²¼»²¬ Í½¸±±´ Ü·¬®·½¬ 1. Education services are currently provided by: Ü»²¬±² ×²¼»°»²¼»²¬ Í½¸±±´ Ü·¬®·½¬ 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? Ò± Ý«®®»²¬ Ü×ÍÜ º¿½·´·¬·» ¿²¼ ¬¿ºº ´»ª»´ ©·´´ ²±¬ »®ª·½» ¬¸» ¬«¼»²¬ °±°«´¿¬·±² ®»«´¬·²¹ º®±³ ¬¸» Ø·´´ ±º Ü»²¬±² Ò±®¬¸ ß²²»¨¿¬·±² ¿²¬·½·°¿¬»¼ ïôêèì ·²¹´»º¿³·´§ «²·¬ò 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? Í¬«¼»²¬ Ç·»´¼ øòéë ãÍñÚ òîðãÓñÚ÷ Û´»³»²¬¿®§ Ó·¼¼´» Ø·¹¸ Ì±¬¿´ Ð±°ò êéì îèê íðí ïîêí Ý¿³°« Î»¯«·®»³»²¬ Û´»³»²¬¿®§ Ó·¼¼´» Ø·¹¸ Ì±¬¿´ ï c ¬± ï c ¬± ï îóí Í¬¿ºº·²¹ Û´»³»²¬¿®§ Ó·¼¼´» Ø·¹¸ Ì±¬¿´ êë ëë óïïð ïððóîðð îîðóíéë Ý±²·¼»®·²¹ ¬¸» »²¬·®» Ø·´´ ±º Ü»²¬±² Ü»ª»´±°³»²¬ ¬¸» ¼·¬®·½¬ ©±«´¼ ®»¯«·®» ï c ³·¼¼´» ¿²¼ ¸·¹¸ ½¸±±´ º¿½·´·¬·»ò Ì¸» ¿¼¼·¬·±²¿´ ¬«¼»²¬ °±°«´¿¬·±² ½±«´¼ °±·¾´§ ¿¬¬»²¼ ¿² »¨·¬·²¹ ³·¼¼´» ±® ¸·¹¸ ½¸±±´ º¿½·´·¬§ ±® ¿ ½±³°´»¬»´§ ²»© ³·¼¼´» ±® ¸·¹¸ ½¸±±´ ½±«´¼ ¾» ½±²¬®«½¬»¼ò Í¬«¼»²¬ ¼»²·¬·» ©·´´ ¼·½¬¿¬» »¨¿½¬ ²«³¾»® ±º º¿½·´·¬·» ®»¯«·®»¼ò 4. Estimate additional funding needed strictly based on proposed annexation and development. Ò»© Ú¿½·´·¬·» ó Û´»³»²¬¿®§ Ó·¼¼´» Ø·¹¸ Ì±¬¿´ üîð Ó·´´·±² üìí Ó·´´·±² üïîð Ó·´´·±² üïèí Ó·´´·±² Í¬¿ºº·²¹ Í¿´¿®§ ó Û´»³»²¬¿®§ Ó·¼¼´» Ø·¹¸ Ì±¬¿´ üïòì Ó·´´·±² üîòè Ó·´´·±² üì Ó·´´·±² ü èòî Ó·´´·±² 5. Will projected school taxes from this development provide that additional funding? Ì± ¾» ¼»¬»®³·²»¼ò 6. Please comment on the cumulative impact of annexation and development. Ì¸· °®±°±»¼ ¿²²»¨¿¬·±² ©·´´ °®±ª·¼» ½·¬§ »®ª·½» ¬± Ü×ÍÜ º¿½·´·¬§ò Ì¸» °®±°±»¼ ¿²²»¨¿¬·±² ©±«´¼ ®»¯«·®» Ü×ÍÜ ¬± °¿ ¿¼¼·¬·±²¿´ ½¸±±´ ¾±²¼ °®±¹®¿³ ¬± º·²¿²½» ½±²¬®«½¬·±² ±º ²»© º¿½·´·¬·»ò 7. At what population level would other school facilities be required for the City of Denton? Ò»© º¿½·´·¬·» ¿®» ¼»·¹²»¼ ¬± ¿½½±³³±¼¿¬» ¬¸» º±´´±©·²¹æ Û´»³»²¬¿®§ ó êëð ó éðð ¬«¼»²¬ Ó·¼¼´» Í½¸±±´ ó çðð óïððð ¬«¼»²¬ Ø·¹¸ Í½¸±±´ ó ïèðð óîððð ¬«¼»²¬ 8. Is there an acceptable employee to population ratio that can be used for planning purposes? Û´»³»²¬¿®§ ó îî ¬«¼»²¬ °»® ¬»¿½¸»® Ó·¼¼´» Í½¸±±´ ó îè ¬«¼»²¬ °»® ¬»¿½¸»® Ø·¹¸ Í½¸±±´ ó îè ¬«¼»²¬ °»® ¬»¿½¸»® Additional Comments: Î±¼ Î»»ª» øçìð÷ íêçóðîëð Ý±±®¼·²¿¬±® ±º Ú¿½·´·¬·»ô Ü×ÍÜ Ó¿®½¸ îëô îððè ___________________________ ____________ Person to contact if there are questions Date EXHIBIT 5 NOTIFICATION INFORMATION íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØ ôÏîÍÍÎÊÔÉÔÎÏ ôÏ÷ÜÇÎË ïØÈÉËÜÑ EXHIBIT 6 AGENDA INFORMATION SHEET AGENDA DATE:April 1, 2008 DEPARTMENT:Planning and Development ACM:Fred Greene, 349-8351 SUBJECT -Z07-0027(Windsor Farms Partners LP) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change on two tracts of land comprising approximately 6.813 acres of land, from Neighborhood Residential 6 (NR-6)and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classifications and use designations to a Neighborhood Residential Mixed Use (NRMU)zoningdistrictclassification and use designation, with an overlay district, both tracts of land being located along the east side of I-35 and south of Windsor Drive; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z07-0027). The Planning and Zoning Commission recommends approval of this rezoning request6-0. BACKGROUND Applicant: Windsor Farms Partners LPDenton, TX The purpose of the rezoning request is to rezone two tracts totaling approximately 6.813 acres of landto allow commercial development along the I-35 frontage road. The subject tracts are the undeveloped remainder of the 30.17 acre tract that includes the Windsor Farm Phase 1 Subdivision. This is the second reviewby the Planning and Zoning Commission on this rezoning request. On May 25, 2005, the Commission considered this rezoning request (Z05-0006) and recommended denial. The main reason for denial givenby some of the Commissioners was they did not want to see astrip shopping center along the freeway. Prior to the case being considered by City Council, the applicant withdrew the rezoning request. On January 3, 2008, the applicant met with nearby property ownersat the North Lakes Recreation Center. The property owners that attended the meeting had concerns about the possibility of high-density residential, lack of buffer between theproposed uses and theexisting residential neighborhood and increase drainage runoff as a result of future development. To address concerns expressed by property owners the applicant is proposing to include an overlay district containing the following restrictions and conditions: Multi-family dwellings, hotels and drive-through facilities are not permitteduses. The minimum landscape area for all developments shall be 30 percent. Public notification information is provided in Exhibit 6. As of this writing, staff has received tworesponsesfrom property owners within 200 feet of the subject property.One property owner is in favor and the other is in opposition. During the February 6, 2008 Planning and Zoning Commission Public Hearing the Commission postponed consideration of the zoning change request in order to givethe applicant the ineering Department to addressthe drainage issue brought forward by residents of Greenway Club Estates. On Thursday, February 7, 2008, the applicant met with the Engineering Department and it was concluded at that meeting that drainage flow from thetwosubjecttracts should not negatively impact current residents to the southeast of the two subject tracts;see Exhibit 10 - Exhibit 11 -letter from the Engineering Department. PRIOR ACTION/REVIEW May 25, 2005Planning and Zoning Commission Public Hearing February 6, 2008 Planning and Zoning Commission Public Hearing OPTIONS 1.Recommend approval as submitted. 2.Recommend approval subject to conditions. 3.Recommend denial. 4.Postpone consideration. 5.Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this rezoning request6-0. 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 from Public Hearing Notice 10.Applicant letter to the City 11.Letter from Engineering Department 12.Planning and Zoning Commission Public Hearing MinutesFebruary 6, 2008 13.Planning and Zoning Commission Public Hearing Minutes February 20, 2008 14.Ordinance Prepared by: Ron Menguita Planner III Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: Z07-0027 DATE TO BE CONSIDERED: April 1, 2008 LOCATION: East side of I-35 and south of Windsor Drive APPLICANT: Windsor Farms Partners LP 1112 Dallas Drive, Suite 402 Denton, TX 76205 OWNER: Windsor Farms Partners LP 1112 Dallas Drive, Suite 402 Denton, TX 76205 REQUEST: Hold a public hearing and consider adoption of an ordinance regarding the rezoning of two tracts totaling approximately 6.813 acres of land. The first tract of land is approximately 3.229 acres and is proposed to be rezoned from a Neighborhood Residential 6 (NR-6) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The second tract of land is approximately 3.584 acres and is proposed to be rezoned from a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district to a NRMU zoning district with an overlay district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of this rezoning request 6-0. Neighborhood Centers COMPREHENSIVE The subject site is located within a future PLAN DESIGNATION: land use designation. Areas within a Neighborhood Centers future land use designation may develop in conventional patterns or may be developed in a ood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. SITE AND The property is currently undeveloped. SURROUNDINGS: North: Neighborhood Residential Mixed Use (NRMU) - Windsor Drive and undeveloped land South: Neighborhood Residential 2 (NR-2) undeveloped land East: Neighborhood Residential 6 (NR-6) Windsor Farms Estates residential subdivision West: Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) Interstate 35 BACKGROUND The purpose of the rezoning request is to rezone two tracts totaling INFORMATION: approximately 6.813 acres of land to allow commercial development along the I-35 frontage road. The subject tracts are the undeveloped remainder of the 30.17 acre tract that includes the Windsor Farm Phase 1 Subdivision. To address concerns expressed by property owners at a neighborhood meeting the applicant is proposing to include an overlay district containing the following restrictions and conditions: Multi-family dwellings, hotels and drive-through facilities are not permitted uses. The minimum landscape area for all developments shall be 30 percent. ANALYSIS: Comprehensive Plan The proposed NRMU zoning district is consistent with the Analysis: comprehensive plan designation of Neighborhood Centers. Development The proposed NRMU zoning change would allow for the Code/Zoning Analysis: development of commercial uses and would allow for a greater amount of building square footage than what is presently permitted. The following table highlights the uses permitted between the NR-6, NRMU-12 and NRMU zoning districts. Retail Sales and Services and Professional Services and Offices are not permitted uses in the NR-6 zoning district (southern tract), but are permitted in the NRMU zoning district with a limitation. The limitation is uses shall be no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. Retail Sales and Services and Professional Services and Offices are permitted in the NRMU-12 zoning district (northern tract) with limitations. Retail Sales and Services uses are limited to no more than 5,000 square feet of gross floor area per lot and Professional Services and Offices uses are limited to no more than 10,000 square feet of gross floor area. If rezoned to an NRMU district, proposed uses would be allowed up to 25,000 square feet of gross floor area per use. The difference between NRMU-12 and NRMU is an increase of 20,000 square feet for Retail Sales and Services uses per lot and an increase of 15,000 square feet for Professional Services and Offices. ÒÎÓËó Î»·¼»²¬·¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÒÎóê ÒÎÓË ïî Agriculture P P P Livestock L(7) L(7) L(7) Single Family Dwellings P P N SUP Accessory Dwelling Units L(1) N L(1) Attached Single Family Dwellings P P L(40) Dwellings Above Businesses N P P Live/Work Units L(16) P P Duplexes P P N Community Homes for the Disabled P P P Group Homes N SUP SUP SUP Multi-Family Dwellings N L(4) L(4) Manufactured Housing Developments SUP N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 ÒÎÓËó Ý±³³»®½·¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÒÎóê ÒÎÓË ïî Home Occupation P P P Hotels N N P Bed and Breakfast N L(10) P Retail Sales and Service N L(15) L(17) Restaurant or Private Club N N L(11) Drive-through Facility N N SUP Professional Services and Offices N L(14) L(17) Quick Vehicle Servicing N N SUP Laundry Facilities N P P Outdoor Recreation P SUP SUP Administrative or Research Facilities N N L(14) Broadcasting of Production Studio N N L(14) Temporary Uses L(38) L(38) L(38) ÒÎÓËó ×²¼«¬®·¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÒÎóê ÒÎÓË ïî N N L(21) Bakeries N N P Veterinary Clinics SUP SUP SUP Gas Wells L(27) L(27)L(27) ÒÎÓËó ×²¬·¬«¬·±²¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÒÎóê ÒÎÓË ïî L(25) L(25) L(25) Basic Utility N P P Community Service P P P Parks and Open Space P P P Churches SUP L(15) P Semi-public, Halls, Clubs, and Lodges N N L(14) Business / Trade School SUP P P Adult or Child Day Care SUP P P Kindergarten, Elementary School N P P Middle School N N SUP High School SUP L(13) P Elderly Housing N N P Medical Centers 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(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. 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(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L (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 ÒÎóê ÒÎÓËóïî ÒÎÓË 6,000 3,500 2,500 Minimum lot area (square feet) 50 feet 30 feet 20 feet Minimum lot width 80 feet 80 feet 50 feet Minimum lot depth 10 feet 10 feet None Minimum front yard setback 6 feet 6 feet 6 feet Minimum side yard 10 feet 10 feet None Minimum side yard adjacent to a street 10 feet 10 feet None Minimum rear yard 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 ÒÎóê ÒÎÓËóïî ÒÎÓË 6 12 30 Maximum density, dwelling units per acre 4 feet 10 feet 12 feet Minimum side yard for non-attached buildings The following limits apply to all buildings: ÒÎÓËóïî Ù»²»®¿´ Î»¹«´¿¬·±² ÒÎóê ÒÎÓË Maximum lot coverage 60% 60% 80% Minimum landscaped area 40% 40% 20% Maximum building height 40 feet 40 feet 65 feet 10 ft plus 1 foot for 15 ft plus 1 foot for 20 ft plus 1 foot Minimum yard when abutting a each foot of each foot of for each foot of single-family use or district building height building height building height above 20 ft 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-6 Neighborhood Residential 2 40% 50% NRMUNeighborhood Residential Mixed 40% 45% -12 Use - 12 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. 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 proposed zoning district will allow commercial development along the I-35 frontage road. Site design standards found in Denton Development Code, Subchapter 35.13 will ensure that this proposed development will be compatible with the . Denton Plan The proposed commercial development is compatible with land uses and development patterns in the area. An existing garden office complex zoned NRMU-12 is located approximately 600 feet south of the subject property. The closest commercial node, encompassing a gas station, restaurants, and hotels, is located at the northeast corner of I-35 and University Drive. 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 EXHIBIT 3 EXISTING ZONING MAP EXHIBIT 4 PROPOSED ZONING MAP EXHIBIT 5 FUTURE LAND USE MAP EXHIBIT 6 NOTIFICATION INFORMATION íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØ ÔÜúØËÉÔ×ÔØÙðÜÔÑ ôÏîÍÍÎÊÔÉÔÎÏ ôÏ÷ÜÇÎË ïØÈÉËÜÑ ñØÊÊÉÕÜÏ EXHIBIT 7 SITE PHOTOGRAPHS Photograph from I-35 North looking east. The existing Windsor Farms Phase 1 residential subdivision is in the background. Photograph from Savill Garden looking west towards I-35. Photograph from Windsor Drive looking south. ÛÈØ×Þ×Ì è ÛÈØ×Þ×Ì ç ¡4-442-Ë¬Ãª£?ú?«É??ª?âÉ Æ?£ª?£Ék±Ãô?ÃªÐÛ£?Ã ÛÈØ×Þ×Ì ïð Windsor Farms Partners, L.P. 2908 Pennsylvania Drive, Denton, Texas 76205 940-595-0291 chasvbrown@aol.com February 7, 2008 Mr. Ron Menguita City of Denton Planning and Zoning Department 221 N. Elm Street Denton, TX 76201 Re: Z07-0027 (Windsor Farms Partners, LP) Dear Mr. Menguita, I met this morning with Chad Allen, Senior Engineer of Utility & CIP Engineering, Clark Rosendahl, Manager Water Utilities Field Service Drainage Division, and Fred Torres, also with the Water Utilities Field Service Drainage Division, to discuss potential drainage problems with the two tracts being proposed for rezoning. I joined a meeting in progress between these three gentlemen who were discussing drainage concerns affecting the residents to the south of the residential development at Windsor Farms. We reviewed drainage area maps indicating drainage flows for the two tracts proposed for rezoning. Mr. Rosendahl and Mr. Allen stated that the maps indicate that current drainage from the two tracts generally flows in a west-southwest direction onto the I-35 frontage road and away from the current residents to the east-southeast. The direction of flow should continue regardless of zoning. Drainage flow from these two tracts should not negatively impact current residents to the southeast of the two tracts. Mr. Allen stated that he would write a letter to you confirming this. Mr. Rosendahl stated that specific drainage issues are usually discussed between the City and a builder when a building application is made on any specific property. Mr. Rosendahl requested that Windsor Farms perform drainage work at the southern property line of Block G, Lot 11, in the Windsor Farms residential development. This work should direct some drainage to the southwest of Glen Garden Drive and away from existing housing outside of and to the south of the Windsor Farms residential development. I asked Mr. Rosendahl for a recommendation of someone capable of performing this work and he started that Don Vickery could do this work. I have contacted Bill Cheek, President of Jagoe Public Company, to engage Don Vickery and have asked that this work commence sometime next week. The work should not take more than one day so should be complete before the next P & Z Meeting on February 20. I hope this makes clear that drainage from the two tracts proposed for rezoning should not negatively affect current residents near Windsor Farms. Please let me know if I can do anything else to further a positive response to the rezoning proposal. Yours truly, Charles Brown President CC: Chad Allen ÛÈØ×Þ×Ì ïï Utility and CIP Engineering 901-A Texas Street Denton, Texas 76209 (940) 349-8910 fax (940) 349-8951 901- A Texas Street Denton, Texas 76209 (940) 349-8910 fax (940) 349-8951 To : Ron Menguita Planning Supervisor From : Chad Allen, P.E., C.F.M. Senior Engineer Date : February 15, 2008 Re: Proposed Rezoning Case No. Z07-0027 for Project Site Located East Side of I-35 and South of Windsor Drive At the request of Mr. Charles Brown, President of Windsor Farms Partners, L.P., I am sending this memorandum to describe the storm water flow direction from the properties just south of the intersection of I-35E and Windsor Drive. These properties are also located just west of the Windsor Farms addition and northwest of Greenway Club Estates. I have performed a brief review of the City of Denton aerial topographic elevation contour information showing the area around the project site. I have also conducted a site visit to this location. Based upon this brief review and site visit, it appears that storm water contributing to the northern portion of the project site generally flows northeast toward Bray Village Drive and Windsor Drive and is intended to be captured in a storm drain system in those streets. A portion of this northern part of the project site also currently flows across five existing residential lots that are part of Windsor Farms Phase 1. These five residential lots are adjacent to Bray Village Drive and are currently not developed. According to the drainage area map for Windsor Farms Phase 1, a drainage swale is supposed to be constructed behind these lots to prevent runoff from the project site from flowing across them. I dont recall seeing this drainage swale during my site visit and believe it may not yet exist at this time. Storm water contributing to the southern portion of the project site generally flows south and southwest toward I-35E and toward the property located just south of the project site owned by South Stemmons Property Group, LTD according to the Denton Central Appraisal District. The right-of-way of I-35E and the property owned by South Stemmons Property Group currently receive runoff from the project site. Storm water runoff from the southern portion of the project site generally flows away from the residential subdivision to the southeast of the project site which is Greenway Club Estates. Based upon my brief review and site visit, it appears it would be possible for future development on the project site to provide lot grading and storm drain improvements in a way so that the development would have little or no impact regarding storm water drainage onto Greenway Club Estates. Please contact me if you have questions about this memorandum. ÛÈØ×Þ×Ì ïî ÷äôóúóè ÷äôóúóè ÛÈØ×Þ×Ì þßþ AGENDA INFORMATION SHEET AGENDA DATE:April 1, 2008 DEPARTMENT:Planning and Development ACM:Fred Greene, 349-8354 SUBJECT- Z08-0003(County Administrative ComplexA) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from an Employment Center Industrial (EC-I) zoning district classification and use designation to an Employment Center Commercial (EC-C)zoning district classification and use designation; comprising 23.551 acres of land located at the southeast corner of Morse Street and Loop 288, and legally described as Lot 1, Phase 1, and Lots 2 and 3, Block 2, Phase 5 of the Golden Triangle Industrial Park, in the City of Denton, Denton County, Texas; Providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z08-0003) The Planning and Zoning Commission recommends approval of this rezoning request (6-0). BACKGROUND Applicant:HDR Architecture Dallas, TX The applicant is requesting a zoning change from an Employment Center Industrial (EC-I) to an Employment Center Commercial (EC-C) zoning district for approximately 23.551acres of property. The subject property represents one of two tracts of landthat is part ofa larger 41.664 acre project being developed as the Denton County Administrative Complex.Arezoning request has been filed for the second tract of land, and a public hearing is scheduled for the same meeting as the subject case (Z08-0004). 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 neutral responses, and two responsesin favor of the requested zoning change havebeen received. OPTIONS 1.Approveas submitted. 2.Approve with conditions. 3.Deny. 4.Postpone consideration. 5.Tableitem. RECOMMENDATION The Planning and Zoning Commission recommends approval of this 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.SitePhotograph 9.Responsesto Public Notification 10.Planning and Zoning Minutes from February 20, 2008 11.Ordinance Prepared by: Jane Gurney Associate Planner Respectfully submitted: Mark Cunningham, AICP Director, Planning and Development 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: Z08-0003 DATE TO BE CONSIDERED: April 1, 2008 LOCATION: The subject property is located on the east side of Loop 288, north of Karina Street, and west of Kimberley Street. HDR Architecture APPLICANT: 1711 Preston Road, Suite 300 Dallas, TX 75248 Denton County OWNER: 110 W. Hickory Street Denton, TX 76201 Rezone approximately 23.551 acres of property from Employment REQUEST: Center Industrial (EC-I) zoning district to an Employment Center Commercial (EC-C) zoning district. The Planning and Zoning Commission recommends approval of this RECOMMENDATION: rezoning request (6-0). COMPREHENSIVE PLAN DESIGNATION: Comprehensive Plan. The subject property is currently undeveloped, and it is within an EC- SITE AND SURROUNDINGS: I zoning district. Golden Triangle Industrial Park; EC-I North: Lowes; EC-C South: Sally Beauty, Proposed County Complex (Tract B), residential uses; East: EC-I, IC-G, ETJ Loop 288, Undeveloped Land; EC-C West: BACKGROUND Denton County has contracted with HDR Architecture (applicant) to INFORMATION: facilitate the development of a County Administrative Complex on the subject property, and the adjacent property (Z08-0004). Although these cases are associated (Z08-0003 and Z08-0004), they are being processed as separate zoning requests due to the public right-of-way separating the two tracts of land. The proposed use of community services is permitted in both the proposed and existing zoning districts, however, the requested zoning district (Employment Center Commercial (EC-C)), is more appropriate for the uses proposed of offices and community services, than the existing zoning district 3 (Employment Center Industrial (EC-I)), which is intended to accommodate more light industrial type uses. ANALYSIS: According to the Denton Plan, areas with the future land use Comprehensive Plan Analysis: designation of Employment Centers ended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such as hotels, restaurants, convenience shopping, and child-care. The proposed rezoning and development are consistent with the Denton Plan, as they will be providing a variety of workplaces as well as secondary uses. The proposed use of Community Services including offices and Development Code/Zoning Analysis secondary uses complementing the main administrative offices are permitted in both the existing and proposed zoning districts. The Denton County Administrative Complex will provide a central location for many of the County services, which will be housed in four different buildings. The buildings will provide a central location for services such as the Health Department, Child Protective Ser Attorney, and many of the other County operations that are currently spread throughout many different areas. The Denton Development Code defines Community Services as and/or recreational activities. Community Service facilities include If the zoning change is granted, the development of the project will be subject to the general regulations of the Employment Center Commercial (EC-C) zoning district, as well as the site design standards of the Denton Development Code. The proposed zoning district, Employment Center Commercial (EC-C) permits taller buildings (100 feet) than the existing zoning district (EC-I, maximum 65 foot tall buildings), which would better accommodate the office buildings proposed for this site. The maximum lot coverage for the EC-C zoning district is 80%, and the minimum landscaped area required is 20%. The existing zoning, EC-I, has a maximum permitted lot coverage of 85%, and a minimum landscaped area requirement of 15%. The differences between the existing zoning district (EC-I) and the 4 requested zoning district (EC-C) are summarized in the following table. Uses that do not appear in the table below are regulated in the same manner for both zoning district. Ý±³³»®½·¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÛÝóÝ ÛÝó× Motels P N Retail Sales and Service P L(18) Outdoor Recreation P N ×²¼«¬®·¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÛÝóÝ ÛÝó× Wholesale Nurseries N L(32) Distribution Center N P Wholesale Storage and Distribution N L(34) Construction Materials Sales N P ×²¬·¬«¬·±²¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÛÝóÝ ÛÝó× Hospital P N Elderly Housing P N Medical Centers P N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in below Limitations The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area. L (32) = Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L (34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. The Development Review Committee has reviewed this application. DEPARTMENT AND 5 No issues pertinent to the requested zoning change were identified. AGENCY REVIEW: The Planning and Zoning Commission heard this request on February 20, 2008, and recommends approval (6-0). 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 proposed rezoning conforms to the Future Land Use element of the Denton Plan, maintaining a zoning district and proposed uses that are compatible with the Employment Center Future Land Use designation of the property. 2. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. Public improvements will be made as part of this development, and the Administrative Complex will serve public purposes and contribute to public convenience. 6 EXHIBIT 2 LOCATION MAP Ð®±°±»¼ Ý±«²¬§ Ý±³°´»¨ô Ì®¿½¬ Þ øÆðèóðððì÷ 7 EXHIBIT 3 EXISTING ZONING MAP Ð®±°±»¼ Ý±«²¬§ Ý±³°´»¨ô Ì®¿½¬ Þ 8 EXHIBIT 4 PROPOSED ZONING MAP Ð®±°±»¼ Ý±«²¬§ Ý±³°´»¨ô Ì®¿½¬ Þ 9 EXHIBIT 5 FUTURE LAND USE MAP Ð®±°±»¼ Ý±«²¬§ Ý±³°´»¨ô Ì®¿½¬ Þ 10 EXHIBIT 6 NOTIFICATION INFORMATION Public Notification Date: February 10, 2008 * sent via Certified Mail: 19 In Opposition: 0 In Favor: 2 Neutral: 2 * - A copy of the notification list is available at City Hall West, 221 N. Elm Street, Denton, TX 11 EXHIBIT 7 LETTER FROM APPLICANT 12 13 EXHIBIT 8 SITE PHOTOGRAPH View of property looking west toward Loop 288. 14 EXHIBIT 9 RESPONSES TO PUBLIC NOTIFICATION 15 16 17 18 ÷äôóúóè ÷äôóúóè AGENDA INFORMATION SHEET AGENDA DATE:April 1, 2008 DEPARTMENT:Planning and Development ACM:Fred Greene, 349-8354 SUBJECT- Z08-0004(County Administrative ComplexB) Hold a public hearing and consider adoption of an ordinanceof the City of Denton, Texas providing for a zoning change from an Employment Center Industrial (EC-I) zoning district classification and use designation to an Employment Center Commercial (EC-C)zoning district classification and use designation comprising 18.113 acres of land located at the northeast corner of Karina Street and Kimberley Street, and legally described as Lots 2,3, and 4, Phase 5 of the Golden Triangle Industrial Park, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z08-0004) The Planning and Zoning Commission recommends approval of the rezoning request (6-0). BACKGROUND Applicant: HDR Architecture Dallas, TX The applicant is requesting a zoning change from an Employment Center Industrial (EC-I) to an Employment Center Commercial (EC-C) zoning district for approximately 18.113acres of property. The subject property represents one of two tracts of land of a larger 41.664acre project that is being developed as the Denton County Administrative Complex. A rezoning request hasbeen filed for the second tract of land, and a public hearing is scheduled for the same meeting (Z08-0003). The Planning and Development Department sent notices of the public hearing (Exhibit 6) to all residents within 500 feet of the subject property; asof this writing, two neutral responses, and two responses in favor of this rezoning requesthavebeen received. OPTIONS 1.Approveas submitted. 2.Approve with conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the 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 Planning and Zoning Commission meeting of February 20, 2008 11.Ordinance Prepared by: Jane Gurney Associate Planner Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: Z08-0004 DATE TO BE CONSIDERED: April 1, 2008 LOCATION: The subject property is located on the west side of Mayhill Road, north of Karina Street, and east of Kimberley Street. HDR Architecture APPLICANT: 1711 Preston Road, Suite 300 Dallas, TX 75248 Denton County OWNER: 110 W. Hickory Street Denton, TX 76201 Rezone approximately 18.113 acres of property from Employment REQUEST: Center Industrial (EC-I) zoning district to an Employment Center Commercial (EC-C) zoning district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the rezoning request (6-0). COMPREHENSIVE PLAN DESIGNATION: hensive Plan. SITE AND The subject property is currently undeveloped, and it is within an EC-I SURROUNDINGS: zoning district. Sally Beauty, Golden Triangle Industrial Park; EC-I North: Lowes, Undeveloped Land; EC-C, EC-I South: Mayhill Road; EC-I, IC-G, ETJ East: Proposed County Complex (Tract A); EC-C, EC-I West: BACKGROUND Denton County has contracted with HDR Architecture (applicant) to INFORMATION: facilitate the development of a County Administrative Complex on the subject property, and the adjacent property (Z08-0004). Although these cases are associated (Z08-0003 and Z08-0004), they are being processed as separate zoning requests due to the public right-of-way separating the two tracts of land. The proposed use of community services is permitted in both the proposed and existing zoning districts, however, the requested zoning district (Employment Center Commercial (EC-C)), is more appropriate for the uses proposed of offices and community services, than the existing zoning district (Employment Center Industrial (EC-I)), which is intended to 3 accommodate more light industrial type uses. ANALYSIS: According to the Denton Plan, areas with the future land use Comprehensive Plan Analysis: designation of Employment Centers ovide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such as hotels, restaurants, convenience shopping, and child-care. The proposed rezoning and development are consistent with the Denton Plan, as they will be providing a variety of workplaces as well as secondary uses. The proposed use of Community Services including offices and Development Code/Zoning Analysis secondary uses complementing the main administrative offices are permitted in both the existing and proposed zoning districts. The Denton County Administrative Complex will provide a central location for many of the County services, which will be housed in four different buildings. The buildings will provide a central location for services such as the Health Department, Child Protective Services, Comm Attorney, and many of the other County operations that are currently spread throughout many different areas. The Denton Development structures and/or recreational activities. Community Service facilities include If the zoning change is granted, the development of the project will be subject to the general regulations of the Employment Center Commercial (EC-C) zoning district, as well as the site design standards of the Denton Development Code. The proposed zoning district, Employment Center Commercial (EC-C) permits taller buildings (100 feet) than the existing zoning district (EC-I, 65 feet), which would better accommodate the office buildings proposed for this site. The maximum lot coverage for the EC-C zoning district is 80%, and the minimum landscaped area required is 20%. The existing zoning, EC-I, has a maximum permitted lot coverage of 85%, and a minimum landscaped area requirement of 15%. 4 The differences between the existing zoning district (EC-I) and the requested zoning district (EC-C) are summarized in the following table. Uses that do not appear in the table below are regulated in the same manner for both zoning district. Ý±³³»®½·¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÛÝóÝ ÛÝó× Motels P N Retail Sales and Service P L(18) Outdoor Recreation P N ×²¼«¬®·¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÛÝóÝ ÛÝó× Wholesale Nurseries N L(32) Distribution Center N P Wholesale Storage and Distribution N L(34) Construction Materials Sales N P ×²¬·¬«¬·±²¿´ Ô¿²¼ Ë» Ý¿¬»¹±®·» ÛÝóÝ ÛÝó× Hospital P N Elderly Housing P N Medical Centers P N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in below Limitations The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area. L (32) = Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L (34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. 5 The Development Review Committee has reviewed this application. DEPARTMENT AND AGENCY REVIEW: No issues pertinent to the requested zoning change were identified. The Planning and Zoning Commission heard this request on February 20, 2008, and recommends approval (6-0). 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 proposed rezoning conforms to the Future Land Use element of the Denton Plan, maintaining a zoning district and proposed uses that are compatible with the Employment Center Future Land Use designation of the property. 2. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. Public improvements will be made as part of this development, and the Administrative Complex will serve public purposes and contribute to public convenience. 6 EXHIBIT 2 LOCATION MAP Ð®±°±»¼ Ý±«²¬§ Ý±³°´»¨ô Ì®¿½¬ ß øÆðèóðððí÷ 7 EXHIBIT 3 EXISTING ZONING MAP Ð®±°±»¼ Ý±«²¬§ Ý±³°´»¨ô Ì®¿½¬ ß øÆðèóðððí÷ 8 EXHIBIT 4 PROPOSED ZONING MAP Ð®±°±»¼ Ý±«²¬§ Ý±³°´»¨ô Ì®¿½¬ ß øÆðèóðððí÷ 9 EXHIBIT 5 FUTURE LAND USE MAP Ð®±°±»¼ Ý±«²¬§ Ý±³°´»¨ô Ì®¿½¬ ß øÆðèóðððí÷ 10 EXHIBIT 6 NOTIFICATION INFORMATION Public Notification Date: February 10, 2008 * sent via Certified Mail: 19 In Opposition: 0 In Favor: 2 Neutral: 2 * - A copy of the notification list is available at City Hall West, 221 N. Elm Street, Denton, TX 11 EXHIBIT 7 LETTER FROM APPLICANT 12 13 EXHIBIT 8 SITE PHOTOGRAPHS Looking north on Karina Looking west from Karina, towards Mayhill 14 EXHIBIT 9 RESPONSES TO PUBLIC NOTIFICATION 15 16 17 18 ÷äôóúóè ÷äôóúóè AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 DEPARTMENT: Planning and Development ACM: Fred Greene, (940) 349-8354 SUBJECT- Salvo Center Application for relief from tree preservation/mitigation standards Consider an application for relief from tree preservation/mitigation standards under sections 35.13.7.A.4.h. and 35.3.11 of the Denton Development Code. The approximately 1.862 acre property is located at the southwest corner of Hickory Creek Road and Teasley Lane (F.M. 2181), and is part of a larger 16.422 acre commercial development. The property is within a Neighborhood Residential Mixed Use (NRMU) zoning district, and a pharmacy is proposed on the subject site. BACKGROUND Applicant: Salvo Real Estate Dallas, TX Salvo Real Estate Solutions is developing 16.422 acres at the southwest corner Hickory Creek Road and Teasley Lane (F.M. 2181) with a commercial development. Public improvements including the widening of Hickory Creek Road, and the upgrading of a regional drainage pond are currently under way on this property. The first lot proposed to be developed is a 1.862 acre property at the corner of the intersection of Teasley Lane and Hickory Creek Road, which is proposed to be a Walgreen’s store. The final plat for this property was approved in December 2007, however, it has not yet been filed pending the issuance of TxDOT permits for improvements on Teasley Lane. These improvements include a new signal light at the intersection of Teasley Lane and Hickory Creek Road, a driveway from Teasley Lane, and the crossing of the TxDOT right-of-way for utilities related to wastewater from the east side of Teasley Lane. After plat approval, staff issued a permit for the removal of 5 of the 18 trees on the 1.862 acre lot in order to accommodate the work on-site, while meeting the minimum preservation requirements through the preservation of thirteen trees along Hickory Creek Road. The preserved trees are fence row trees, however, which may not be able to be preserved due to their proximity to the ROW on Hickory Creek, and in order to permit development of the site, the applicant is requesting permission to remove the remaining trees. The applicant will not be able to meet the mitigation requirements of the Denton Development Code due to planting restrictions in easements on the site. Due to these circumstances, the applicant is requesting a waiver from the tree preservation/mitigation regulations under 35.13.7.A.4.h. of the Denton Development Code, which states: The applicant may file an application for relief from the Tree Preservation/Mitigation requirements in this Subsection pursuant to Subsection 35.3.11 on grounds therein specified to the City Council within ten (10) calendar days of the posting of the decision by the DRC. The Council shall decide the petition based upon the criteria in Subsection 35.3.11, which are as follows: Criteria for Approval. In deciding whether to grant relief to the applicant, the City Council shall consider whether there is any evidence from which it can reasonably conclude that the application of all or a part of the provisions of the Denton Development Code that apply to tree preservation may deprive the applicant of all economically viable use of the property, based on the following factors: 1.Whether there is a unique physical circumstance on the property. 2.Whether the proposed design has minimized the loss of trees to the extent possible. 3.Whether preservation and/or mitigation unduly burdens the development of the property. OPTIONS 1.Approve as submitted. 2.Approve with conditions. 3.Issue fines and/or application fees. 4.Deny request. 5.Postpone consideration. 6.Table item. EXHIBITS 1.Staff Analysis 2.Letter to Applicant 3.Letter from Applicant 4.Location Map 5.Aerial Photograph of Walgreen’s Lot 6.Proposed Site Plan 7.Site Photographs Prepared by: Jane Gurney, Planner I Respectfully submitted: Mark Cunningham, AICP Director, Planning and Development 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: DATE TO BE CONSIDERED: April 1, 2008 LOCATION: The subject property is located at the southwest corner of Hickory Creek Road and Teasley Lane. APPLICANT/OWNER: Salvo Real Estate Solutions 5005 LBJ Freeway, Suite 840 Dallas, TX 75224 REQUEST: Consider an application for relief from tree preservation/mitigation standards under sections 35.13.7.A.4.h. and 35.3.11 of the Denton Development Code. The approximately 1.862 acre property is located at the southwest corner of Hickory Creek Road and Teasley Lane (F.M. 2181), and is part of a larger 16.422 acre commercial development. The property is within a Neighborhood Residential Mixed Use (NRMU) zoning district, and a pharmacy is proposed on the subject site. COMPREHENSIVE Neighborhood Center PLAN DESIGNATION: SITE AND The property is located at the southwest corner of Hickory Creek SURROUNDINGS: Road and Teasley Lane North:Neighborhood Residential 2 and 4 (NR-2, NR-4); Residential uses, Hickory Creek Road and Lexington Park Subdivision, undeveloped land South:Neighborhood Residential 4 and 6 (NR-4, NR-6); Residential uses, Hickory Creek Ranch Subdivision, Phase 1 East:Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential (NR-4); Residential uses, Hickory Creek Plaza (New Kroger site), Wheeler Ridge, Teasley Harbor West: Neighborhood Residential 2 and 6 (NR-2, NR-6); Residential uses, Hickory Creek Ranch Subdivision, Phase 2, Single Family uses, Denton Municipal Electric Substation BACKGROUND Salvo Real Estate Solutions is developing 16.422 acres at the INFORMATION: southwest corner Hickory Creek Road and Teasley Lane (F.M. 2181) with a commercial development. Public improvements including the widening of Hickory Creek Road in this area and the upgrading of a 3 regional drainage pond are currently under way on this property. The first lot proposed to be developed is a 1.862 acre property at the corner of the intersection of Teasley Lane and Hickory Creek Road, which is proposed to be a Walgreen’s store. The final plat for this property was approved in December 2007, however, it has not yet been filed pending the issuance of TxDOT permits for improvements on Teasley Lane including a new signal light at the intersection, a driveway entrance on Teasley Lane, and the crossing of the TxDOT right-of-way for utilities related to wastewater from the east side of Teasley Lane. A hold harmless agreement has been executed in order to allow the applicant to move forward with the requisite public improvements pending the issuance of the TxDOT permits. After plat approval, removal of 5 of the 18 trees on the 1.862 acre lot were approved as part of the pre-construction process in order to accommodate work on-site, while meeting the minimum preservation requirements through the preservation of thirteen trees along Hickory Creek Road. The preserved trees are fence row trees, however, which may not be able to be effectively preserved due to their proximity to the right of way on Hickory Creek Road, where much of the road construction will be occurring. Additionally, there is a parking area proposed on the Walgreen’s lot which will also be in close proximity to the preserved trees. Due to the construction activity which will occur in close proximity to the trees scheduled for preservation, staff is concerned that the trees will be impacted and as such, the minimum preservation requirements will not be met. Due to constraints on the site in the form of overhead utility easements and restrictions regarding material that can be planted in these easements, the applicant will not be able to plant enough large trees on site to meet the mitigation requirements. The applicant is proposing to plant low growing trees and vegetation, such as Hollies, Plums and Crepe Myrtles, but the proposed plantings will not offer canopies large enough to meet the mitigation requirements of the Denton Development Code (refer to Table 3 for more information). In order to permit development of the site and address any impacts to the preserved trees proactively, the applicant is requesting permission to remove the remaining trees as well as permission to deviate from the minimum mitigation requirements of the Denton Development Code. The applicant is requesting a waiver from the tree preservation/mitigation regulations under 35.13.A.4.h. of the Denton Development Code. ANALYSIS: Development The Denton Development Code defines the Purpose and Intent of the Code/Zoning Analysis: Tree Preservation Code (35.13.7) as follows: The purpose of these regulations is to promote the preservation of 4 trees, tree stands, including but not limited to remnants of the Cross Timbers Forest and existing tree canopy, to protect trees during construction, to facilitate site design and construction that contribute to the long term viability of existing trees which improves environmental conditions, specifically to comply with air and water quality regulations, to increase property values and to develop a process to control the removal of trees. It is the further purpose of this ordinance to achieve the following broader objectives: a.Prevent untimely and indiscriminate removal or destruction of trees. b.Maintain and enhance a positive image of the City. c.Protect trees and promote the ecological, environmental and aesthetic values of the City. d.Preserve historic trees. e.Provide for a permitting and enforcement procedure. In an attempt to meet the intent of the Development Code, the applicant designed the 1.862-acre property at the corner of Hickory Creek Road and Teasley Lane to accommodate the tree preservation and mitigation requirements of Subchapter 13. However, due to site constraints in the form of overhead easements, it has become apparent that the mitigation requirements may not be easily met on site. Additionally, the potential impact to the trees along Hickory Creek Road which have been preserved to meet the preservation requirements may be impacted and lost due to construction activities on and around the subject property. As such, the applicant is requesting relief from the tree preservation and mitigation requirements (Exhibit 3, Letter From Applicant). The applicant is proposing to provide landscaping in the form of low growing plants (Exhibit 7) due to the overhead lines on the site and the restrictions related to planting near these lines, the planting of large canopied trees will not be possible. The Denton Development Code provides values for minimum tree preservation and mitigation for removed trees that must be met. If an applicant cannot meet the tree preservation and mitigation requirements, the only option offered to them is an appeal to City Council under 35.13.7.A.4.h. of the Denton Development Code, which states: The applicant may file an application for relief from the Tree Preservation/Mitigation requirements in this Subsection pursuant to Subsection 35.3.11 on grounds therein specified to the City Council within ten (10) calendar days of the posting of the decision by the DRC. The Council shall decide the petition based upon the criteria in Subsection 35.3.11. 5 The tree preservation and mitigation values are determined by the size of the property being developed, and the property’s status as either an infill or non-infill lot. The subject site is 1.862-acres in size, and it is considered a non-infill lot. Based on the site specifications, the developer is required to preserve a minimum of 12.5% of the Quality Trees on the site, and a minimum of 6.25% of the Secondary Trees on the site. Protected Trees can be removed if they are mitigated, or replaced, at a ratio of 1.5 times the size of trees removed, and Large Secondary Trees can be removed if they are mitigated at a ratio of 0.75 times the size of trees removed. Table 1 provides a summary of the definitions of each of the tree designations outlined above. Table 1. Definitions of Tree Classifications Classification Definition Protected Trees Any healthy tree with an 18” or greater dbh that is not a Mesquite, Bois D’Arc, Locust, Hackberry or Cottonwood Quality Trees All healthy trees with a dbh between 6” and 18” and not within a Quality Tree Stand. Large Secondary All healthy Mesquite, Bois D’Arc, Locust, Trees Hackberry or Cottonwood trees with a dbh of 18” or greater Secondary Trees All healthy Mesquite, Bois D’Arc, Locust, Hackberry or Cottonwood trees a dbh between 6” and 18”. Table 2 identifies the trees that were present on the lot prior to platting, as well as those trees that have been removed. The trees are measured in inches at dbh (diameter at breast height) which is defined as the outside diameter of the trunk of a tree as measured four and one half (4 ½) feet above ground level. Table 2. Summary of the trees on-site and their status Species Number TotalTotalTotal of trees diameterPreserved to removed to (inches)date (dbh) date (dbh) Hackberry 8 83 75 8 Cedar 1 12 12 0 Post Oak 3 35 20 15 Live Oak 1 16 0 16 Elm 3 46 28 18 Pecan 1 8 8 0 Mesquite 1 21 0 21 6 The required mitigation values, based on the number of inches of trees removed and the classification of these trees are presented in Table 3. The current preservation and proposed mitigation plans meet the minimum preservation and mitigation requirements. However, the corresponding mitigation requirements for the removed trees and the remaining site trees, cannot be met on this site in the available planting areas. Table 3. Mitigation and Preservation Requirements based on the ratios provided in Table 35.13.7.B of the Denton Development Code Mitigation Minimum Mitigation Mitigation Tree Ratio Preservation for trees for all trees, classification Required removed to if removed date Protected1:1.5 none 27” 27” Trees Quality1:1 50% (met) 31” 109” Trees Large1:0.75 none 15.75” 15.75” Secondary Trees Secondary1:0.5 50% (met) 4” 41.5” Trees Details of the trees that were present on site prior to tree removal, as well as the trees still existing on site, are provided in Table 4, based on the classification of the trees. This information is based on an approved tree survey completed on June 18, 2007 for the subject site. Table 4. Summary of site trees by classification Classification Trees preserved to Trees removed to datedate Protected Trees Elm (1-18” dbh) Quality Trees Cedar (1-12”) Post Oaks (1-15”) Post Oaks (2-10”) Elm (2-14”) Pecan (1-8”) Live Oak (1-16”) Large Secondary Mesquite (1-21” Trees multi-trunk) Secondary Trees Hackberry (2-6”, 1-7”, Hackberry (1-8”) 1-10”, 1-14”, 2-16”) 7 EXHIBIT 2 LETTER TO APPLICANT 8 EXHIBIT 3 LETTER FROM APPLICANT 9 EXHIBIT 4 LOCATION MAP 10 EXHIBIT 5 AERIAL PHOTOGRAPH OF WALGREEN’S SITE 11 EXHIBIT 6 PROPOSED SITE PLAN 12 EXHIBIT 7 SITE PHOTOGRAPHS View of property from Hickory Creek Road, View of property from Teasley Lane, looking toward the west; June 2007. looking toward the south; June 2007. View of property along Hickory Creek Road, looking toward the west from the intersection of Hickory Creek Road and Teasley Lane; March 2008. 13 AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2008 DEPARTMENT: City Manager’s Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City’s Boards and Commissions. BACKGROUND The following boards/commissions require nominations: Historic Landmark Commission – This is Darlene Mulenweg’s position. This is a nomination for Mayor McNeill. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\Boards & Comm\Agenda Info Sheet for Vacancies 04.01.08.docx March 10, 2008 Julie Glover, CMSI~ Economic Developmen# Program Administrator 215 E. McKinney Denton, Texas 76201 Dear Mrs. Glover and HLG Board Members, Please accept this letter as formal notification that I am resigning firom the City of Denton Historic Landmark Commission effective immediately. 1 am fulfilling alife-long dream and relocating this summer to my #arm x.20 miles west of Denton. 1 am honored to have been appointed by pas# Mayar Euline Brock and reappointed by Mayor Perry McNeill. tt has been my great pleasure to serve this board with such a cohesive and dedicated group and I take with me many fond memories. Denton is a wonderful, unique city and 1 extend my best wishes for her continued success and prosperity while maintaining the integrity and preservation of a rich and flourishing history. Thaflk you #or allowing me to be a part of that process. Sin rely, Darlene Muilenweg Cc: Euline Brock Cc: Perry NcNeiil