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June 18, 2013 Agenda
AGENDA CITY OF DENTON CITY COUNCIL June 18, 2013 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, June 18, 2013 at 3:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for June 18, 2013. 3. Receive a report, hold a discussion, and give staff direction regarding the acceptance of competitive proposals and awarding a public works contract for the construction of the Linda McNatt Animal Care and Adoption Center. 4. Receive a report, hold a discussion and give staff direction regarding City Council committee nominations. 5. Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2013-14 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. 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. 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, or as otherwise allowed by law. CLOSED MEETING 1.Closed Meeting: A.Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorneys – Under Texas Government Code Section 551.071. 1.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M. Yoachum Survey, Abstract No. 1442, City of Denton, Denton County, Texas (located generally along the 200 block of Mockingbird Lane). Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would City of Denton City Council Agenda June 18, 2013 Page 2 conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council 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: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 3. CITIZEN REPORTS 4. 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. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – L). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – L below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. City of Denton City Council Agenda June 18, 2013 Page 3 A.Consider approval of the minutes of: May 6, 2013 May 7, 2013 May 14, 2013 May 21, 2013 B.Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton a First Amendment to an Airport Lease Agreement as approved by Ordinance 2012-236 on September 18, 2012 between the City of Denton, Texas and HTA Aviation for the property located at 4910 Lockheed, Denton Enterprise Airport; and, providing an effective date. C.Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton a Three-Way Agreement between the City of Denton, Atmos Energy Corporation and DCG Construction, LLC for the installation of a natural gas distribution line at Denton Enterprise Airport, said gas line to be owned, operated and maintained by Atmos Energy Corporation; and providing an effective date. D.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network (Contract #416-12) for Uniform Purchase or Rental for City employees; and providing an effective date (File 4584–Employee Uniform Purchase or Rental awarded to G&K Services in the annual estimated amount of $400,000 for a three (3) year not-to-exceed amount of $1,200,000). E.Consider adoption of an ordinance to the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement between the City of Denton and Weaver and Tidwell, L.L.P. for Independent Audits; authorizing the expenditure of funds; and providing an effective date (File 5259–Audit Services awarded to Weaver and Tidwell, L.L.P. in the not-to-exceed amount of $140,000 for 2013, $142,500 for 2014 and $145,000 for 2015 for a total award not-to- exceed $427,500). F.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Sawko & Burroughs, LLP, for professional services related to collection of delinquent taxes on behalf of the City of Denton; and establishing an effective date. G.Consider adoption of an ordinance by the City of Denton, Texas, authorizing the City Manager to execute a First Amendment to the Utility Bill Printing and Mailing Services contract with Ancor Information Management LLC, dba Utilitec, providing for a one (1) year contract extension with two (2) one-year optional extensions in the not-to-exceed amount of $350,000/year; providing for the expenditure of funds therefor and providing an effective date (Bid 4246–First Amendment to Contract for Utility Bill Printing and Mailing Services in the annual amount not-to-exceed $350,000 for a three (3) year not-to-exceed total of $1,050,000). The Public Utilities Board recommends approval (6-0). City of Denton City Council Agenda June 18, 2013 Page 4 H.Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the Purchase of Twelve (12) Vehicles for the City of Denton Water, Wastewater and Electric Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 5183–awarded to James Wood Auto Park in the amount of $324,701.55). The Public Utilities Board recommends approval (6-0). I.Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the Design and Installation of Structured Communications Cabling for various City of Denton Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 5217–awarded to T-Datacom, Inc. in the annual estimated amount of $84,000 for a three (3) year total not-to-exceed $252,000). J.Consider adoption of an ordinance amending Ordinance No. 2006-331 to decrease the adoption fees for dogs and cats and to allow for adoption subsidy donations to reduce the adoption fees in special circumstances for specific animals at the discretion of the Animal Services Supervisor pursuant to Chapter 6 of the Code of Ordinances of the City of Denton, Texas; providing that a schedule of fees shall be maintained on file in the office of the City Secretary; a severability clause; providing a savings clause; and providing an effective date. K.Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Arlington, Texas under Section 271.102 of the Local Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5282– Interlocal Agreement with the City of Arlington). L.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving a one (1) year contract with two (2) one-year options to renew, for the Legislative Management Suite Agenda Workflow Solution for the City of Denton in addition to the Government Transparency Solution and the Meeting Efficiency Suite, which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5277 awarded to Granicus, Inc. in the not to exceed amount of $171,081). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.Consider appointments to Council committees. B.Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of the Linda McNatt Animal Care and Adoption Center; providing for the expenditure of funds therefor; and providing an effective date (RFP 5253–awarded to Schmoldt Construction, Inc. in the amount of $4,280,072). City of Denton City Council Agenda June 18, 2013 Page 5 6.PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a Comprehensive Plan Amendment from Existing Land Use Future Land Use Designation to Community Mixed Use Centers Future Land Use Designation on approximately 42.611 acres of land. The subject property is generally located west of Nottingham Drive, north of Mingo Road, and south of University Drive (US 380) within 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. (CA13-0001; Denton Bible Church) The Planning and Zoning Commission recommends approval (5-0). B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation on approximately 58.289 acres. The subject property is generally located east and west of Nottingham Drive, north of Mingo Road, and south of University Drive (US 380); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z13-0001, Denton Bible Church) The Planning and Zoning Commission recommends approval (5-0). 7. CITIZEN REPORTS 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda June 18, 2013 Page 6 CERTIFICATE 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 ___________________, 2013 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING. PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY- TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE CITYSECRETARY’SOFFICE. WorkSession3 AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013 DEPARTMENT: Materials Management ACM: Bryan Langley SUBJECT Receive a report, hold a discussion, and give staff direction regarding the acceptance of competitive proposals and awarding a public works contract the construction of the Linda McNatt Animal Care and Adoption Center. BACKGROUND The Linda McNatt Animal Care and Adoption Center is designed as an 18,156 square foot animal shelter that will be located at 3717 North Elm Street. The facility, a result of the unique public-private partnership between the City of Denton and the Denton Animal Shelter Foundation, will provide a substantial increase in both the holding capacity and the available services that can be offered to stray and abandoned animals in the City of Denton. As a LEED certified building, the McNatt facility also stands as the newest example of commitment to energy efficiency and sustainability. On May 9, 2013 the City issued a request for proposal (RFP 5253) soliciting proposals for general contracting services for the facility. Submissions under this RFP were due no later than June 6, 2013. Evaluation of individual submissions was based on the following scoring criteria: a)Project Schedule (10%) Ability to timely start and complete project. This includes the schedule to complete project and may include ability to meet required milestones of completion. b)Experience with LEED Certified Facilities (10%) c)Indicators of Probable Performance under contract (20%) Indicators of probable performance under contract to include: past vendor performance, financial resources and ability to perform, experience or demonstrated capability and agreements and support. d)Price, Total Cost of Ownership (60%) The price of the items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions. Agenda Information Sheet June 18, 2013 Page 2 A selection committee was established to evaluate submitted proposals using the stated criteria. The committee consisted of three (3) voting members and two (2) ex-officio members: 1.Project Coordinator Herman Lawson Facilities Management 2.Captain Scott Fletcher Denton Police Department 3.Larry Connolly Connolly Architects and Consultants 4.Chief Lee Howell Denton Police Department (ex-officio) 5.Mr. Wayne Friesner (ex-officio) The committee reviewed the submitted proposals and held an initial evaluation meeting on June 10, 2013. During this meeting, each submitted proposal was scored using the selection criteria. The evaluation scores, ranking, and price tabulation are shown in Exhibit 1. The proposals were ranked, as indicated below, and the top two (2) respondents were selected for an interview with the committee. 1.Schmoldt Construction Celina, TX 2.Mart Inc. Irving, TX 3.Imperial Construction Weatherford, TX 4.JC Commercial Lewisville, TX 5.Lemco Construction Addison, TX 6.Journeyman Construction Dallas, TX 7.Ratliff Construction Addison, TX 8.UCS Group LLC Dallas, TX 9.MDI Coppell, TX 10.Mega Contractors Austin, TX Secondary interviews were conducted on June 12, 2013. Prior to the interviews, each respondent was provided a list of questions from the committee to prepare in advance. Both respondents were scored again by the committee following the interviews. The evaluation scores, ranking, and price tabulation are shown in Exhibit 2. The final rankings are summarized in the chart below. Vendor Price Price Project LEED Indicators of Total Score Schedule Experience Performance Score (60%)(10%)(10%)(20%) Schmoldt $4,322,270 58.60 10 10 20 98.60 Mart $4,179,500 60.00 8.3 6.6 20 94.90 (Schmoldt) as the best value respondent, the City requested a Best and Final Offer (BAFO) from Schmoldt for the McNatt project. Schmoldt offered a final construction price of $4,280,072 for the project Agenda Information Sheet June 18, 2013 Page 3 (Exhibit 3). In addition, Schmoldt has offered an additional one percent (1%) discount for payment of invoices within 20 days. This potential reduction could lower the construction contract cost to $4,237,271. While Schmoldt did not offer the lowest overall price, the selection committee felt that the price difference was sufficiently offset by their construction delivery schedule and their experience with LEED projects. The 285 calendar day delivery schedule proposed by Schmoldt was 40 days better than Mart, and offered a projected facility opening of mid April 2014. During the interviews, Schmoldt provided good examples of their experience with specific LEED projects and demonstrated a superior ability to manage the LEED components of this project. The evaluation committee felt that submission from Schmoldt offered the best overall value for the construction of the Linda McNatt Animal Care and Adoption Facility OPTIONS 1.Council can direct staff to proceed with the awarding of a public works contract as recommended. 2.Council can direct staff to reject the competitive proposals. RECOMMENDATION Staff recommends the selection of Schmoldt Construction for the Linda McNatt Animal Care and Adoption Center (RFP- 5253) PRIOR ACTION/REVIEW 12/13/05 Council Work Session on Animal Shelter Feasibility Study. 02/14/06 Council Work Session on Denton Animal Shelter Foundation. 08/07/07 Council Work Session on Denton Animal Shelter Foundation Agreement. 12/01/08 Council Work Session on Animal Care and Adoption Center Master Plan. 11/02/10 Council Work Session on Animal Care and Adoption Center Master Plan Revisions. 07/12/11 Council Work Session on Animal Shelter Construction Planning Process. 01/10/12 Council Meeting on Professional Services Agreement with Connolly Architects. 11/05/12 Council Committee on the Environment Meeting on LEED Certification. 11/13/12 Council Meeting on LEED Amendment to Architect Contract. 04/02/13 Council Work Session on Funding Options for the Linda McNatt ACAC. PRINCIPAL PLACE OF BUSINESS Schmoldt Construction Celina, TX 75009 Agenda Information Sheet June 18, 2013 Page 4 ESTIMATED SCHEDULE OF PROJECT July 1, 2013 April 15, 2014 FISCAL IMPACT Funding for the construction of this project includes 2013 Certificates of Obligation and $1,271,200 in funds donated through the Denton Animal Shelter Foundation (DASF). DASF will present a check in this amount to the City during the June 18, 2013 Work Session meeting. Additional funds for the furniture, fixtures and equipment may be forthcoming from DASF. During the April 2, 2013 Work Session on funding issues for the McNatt project, staff presented an estimated construction cost of $5,048,980 for the facility. The recommended bid from Schmoldt is $4,280,072 and that translates to a project cost reduction of $768,908 when compared to the original construction estimates. EXHIBITS Exhibit 1: Initial Ranking Initial Evaluation Scores Initial Price Tabulation Exhibit 2: Finalists Ranking Finalists Evaluation Scores Finalists Price Tabulation Exhibit 3: Respectfully submitted: Chuck Springer, 349-8260 Director of Finance Exhibit 2 RFP 5253 - Evaluation Linda McNatt Animal Shelter June 10th, 2013 Initial Ranking/Score 94.902nd Mart Inc. - Irving, Texas 98.601st Schmoldt Construction - Celina, Texas In accordance with Texas Local Government Code 2267.155, the City will first attempt to negotitate with the highest ranked offerer, which may include scope, time modifications, or any price changes. If unable to negotiate a satisfactory contract with the highest ranked offeror, the City shall formally end negotiations with that offeror, and proceed to the next highest ranked offeror, until a contract is reached or all proposals are rejected. Exhibit 3 - Best and Final Offer Pricing RFP 5253 - The Linda McNatt Animal Care & Adoption Center Constr * Each respondent must state its proposed costs under the contra w; ©;¦7;· w -¦;·; ·w; EÞzm ;-·zr Þwz-w 7z©;- -©©;¦7 · {;-·z LLL {-¦; E {;©Ýz-;r 7 {;-·z Lr t ä;· 7 t;©E© -; w;¨Òz©;;·u w; -·© -·© w · ; -w m; · ·wz E© ·u DESCRIPTIONOriginal SubmissionRevised Pricing 6.12.13Best and Final Offer TOTAL PRICE FOR THE CONSTRUCTION OF THE LINDA $4,100,000.00 $4,277,000.00 $4,234,230.00 McNATT ANIMAL CARE AND ADOPTION CENTER: TOTAL PRICE FOR THE PERFORMANCE AND PAYMENT $35,700.00 $45,270.00 $45,842.00 BONDS: TOTAL PRICE FOR CONSTRUCTION AND BONDING $4,135,700.00 $4,322,270.00 $4,280,072.00 REQUIREMENTS CONSTRUCTION OF THE FACILITY IS EXPECTED TO BE COMPLETED ON OR BEFORE December 31, 2013. If this date 260 days or 285 days or 285 days or cannot be met, please insert the date that your firm can _April_,_1__,2014_April_,_15__,2014_April_,_15__,2014 complete the project. ARE THERE ANY EXCEPTIONS TO THE SPECIFICATIONS?NoneNoneNone IF THERE ARE EXCEPTIONS TO THE SPECIFICATIONS, EXPLAIN ALL SUCH EXCEPTIONS (ATTACH ADDITIONAL PAGES IF NECESSARY). N/AN/AN/A Payment Term Discounts Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice Payment Terms 1%1%1% Invoice Paid in 20 days Invoice Paid in 15 days 1%1%1% Invoice Paid in 10 days 1%1%1% ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LINDA MCNATT ANIMAL CARE AND ADOPTION CENTER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5253-AWARDED TO SCHMOLDT CONSTRUCTION, INC. IN THE AMOUNT OF $4,280,072). 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 proposals for the construction of public works or improvements, as described in the "Request for 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: RFP NUMBER CONTRACTOR AMOUNT 5253 Schmoldt Construction, Inc. $4,280,072 SECTION 2. The acceptance and approval of the above competitive proposals shall not constitute a contract between the City and the person submitting the proposal 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 Request for Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 5253 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, and upon receipt of full funding, 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 5-ORD-RFP 5253 WorkSession4 WorkSession5 AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013 DEPARTMENT: Finance ACM: Bryan Langley ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2013-14 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. BACKGROUND The purpose of this Work Session item is to provide the City Council with some preliminary information regarding the FY 2013-14 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. The financial planning process is still in the early stages and, as a result, the forecast should not be considered complete. Over the next several weeks, staff will work to finalize the FY 2013-14 Proposed Budget and Five Year Financial Forecast recommendations. The final version of the financial plan will be submitted to the City Council get at the end of July 2013. In addition to the General Fund, the attached presentation details the preliminary budget information for a number of other key funds in the City. In particular, various rate adjustments are proposed for the Electric, Water, Wastewater and Solid Waste funds. The Public Utilities Board (PUB) is nearing completion of their budget recommendations for the Utility funds. These recommendations will be included in the City Managers recommended budget. I want to again emphasize that the information discussed above is preliminary. Staff will be working over the next several weeks to finalize our projections and, as we obtain more data, we will keep the City Council fully informed. I look forward to discussing this information in detail with you. If you have any questions, or need additional information, please let me know. EXHIBITS PowerPoint presentation Respectfully Submitted By: Chuck Springer Director of Finance ConsentAgendaA CITY OF DENTON CITY COUNCIL MINUTES May 6, 2013 After determining that a quorum was present, the City Council convened in a Work Session on Monday, May 6, 2013 at 11:30 a.m. in the Council Work Session Room, 215 E. McKinney Street, Denton, Texas. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs ABSENT: Council Member Roden 1. Receive a report, hold a discussion and give staff direction regarding an update on the City of Denton Strategic Plan and Preliminary Budget priority items for FY 2013-14. Bryan Langley, Assistant City Manager, presented the details regarding the overview and purpose of the discussion. He stated that the Overview and Purpose would be to (1) review goal and history of the City's strategic planning process, (2) provide an overview of key focus areas and goals outlined in the Strategic Plan, (3) review Strategic Plan Performance Metrics, (4) discuss upcoming budget priorities identified, Council requests, and linkage to the Strategic Plan goals, and (5) discuss the next steps in the budget process. He reviewed the goals of the Strategic Plan and the history of the Strategic Planning Process. The Vision, Mission and Value Statements were presented for review. The Vision statement was "Destination Denton”, the Mission statement was "Dedicated to Quality Service” and the Values statement was "We Care". The Plan was divided into Key Focus Areas of (1) organizational excellence, (2) public infrastructure, (3) sustainable economic development and environmental stewardship, (4) safe, livable, and family friendly community and (5) partnerships and regional leadership. Potential changes to the Strategic Plan. The Plan was approved in April 2011. It was recommended that strategic plans be reviewed at least annually to determine if any modifications were necessary. The Leadership Team had reviewed the Plan and did not recommend any changes at this time. The next major update for the Plan would most likely occur once the Comprehensive Plan update was completed. Staff was asking if Council had any items for modification. Mayor Burroughs asked where the customer satisfaction area was located and indicated that this was different from customer service. Customer satisfaction could be added to that area. Strategic Plan Performance Metrics – the areas tracked included number of measures on or above target, the number of measures below target, and the number of measures significantly below target. 78% of the measures were on or above target. City Manager Campbell stated that staff was trying to make a realistic goal but also one which would stretch the organization and continue to improve. The rankings were a good visualization of the progress that had been made in the focus areas. This was a good internal tool to use on the management level for progress. Council Member Engelbrecht stated that the electronic billing goal was 6% and questioned if that was that in line with other cities with electronic billing in the private and public sector. City of Denton City Council Minutes May 6, 2013 Page 2 Langley stated that the industry benchmark was 5%. Staff was trying to stretch the goal and ultimately get to 10% or more. Council Gregory questioned what happened if there was a yellow or red measure. Langley stated that red was not a punitive measure but an opportunity to see if the performance was being measured properly and what was driving the performance. There was a need to look at the measures on an annual basis as each quarter the figures might change and go up or down per quarter. Performance Metrics included (1) identify target levels of performance was critical but difficult; (2) some performance measures were difficult to assign to specific goals, (3) city staff and departments were still learning from performance metrics, and (4) budget priorities should be based, at least in part, on performance indicator information. Mayor Burroughs asked if Code Enforcement had set goals indicating a number of citations to issue. Langley stated no. Council Member Roden joined the meeting. Council Member Gregory stated that some goals did not lend to some kind of measurement. He felt it would be ok to have those types of goals as not everything was measurable. He did not want to take one out just because it was hard to measure. City Manager Campbell stated that some goals might not be measurable but that did not mean that there was not support for that goal. There was a need to determine what was measurable and what was not and how far down to go with the measures. Upcoming Budget priorities Langley indicated that this discussion was on a high level regarding strategic, budget, and policy priorities and was not intended to be focused on specific financial information. Detailed financial information would be presented in June and at subsequent meetings during the budget process. Priorities should reflect key elements of the Strategic Plan and City Council policies. Budget priorities by Key Focus Area #1 - Organizational Excellence included maintain reserves in accordance with financial policies, propose rate structures that achieved financial self-sufficiency for enterprise funds, utilized fee structures that recovered the costs associated with services that were provided, enhanced citizen engagement efforts, continued to promote a high performance work force, and utilized technology to improve customer service, efficiency, and productivity. #2 - Public Infrastructure included implement first year of voter approved Street Bond Program, continue to manage street funding based on Overall Condition Index methodology, develop City of Denton City Council Minutes May 6, 2013 Page 3 financial plan to provide required level of funding to maintain OCI rating, utilities revenue funded capital when possible, and develop upcoming bond program that was based on community needs. #3 - Sustainable economic development and environmental stewardship included complete update of comprehensive plan, develop financial strategy to implement the DTIP, pursue economic development incentive projects that offered substantial return on investment for the community, attempt to further refine and improve the development review process, and promote environmental sustainability. Council Member Roden asked about a plan to guide economic development. Langley stated that there were guidelines for incentive agreements. Aimee Bissett, Director of Economic Development, stated that Denton had a unique setup as most cities the size of Denton were 4A and 4B sales tax cities. Jon Fortune, Assistant City Manager, stated that a study was done to identify relationships in those areas such as TIP strategies. Mayor Burroughs stated that incentive provisions had very specific employment goals and sales per year to look at for economic development. Council Member Roden stated that as the study was 10 years old it might be time to think about another study. Council Member Gregory stated that last year staff was working on a new set of goals for the Economic Development Partnership Board and the Board gave suggestions on how to update those. Fortune stated that those were more on a departmental level but one could be done for more city- wide goals. #4 - Safe, livable and family friendly community – priorities included evaluate staffing needs in the police department, complete the design and begin construction of a new fire station, complete construction of the new animal adoption center, continue proactive code enforcement program to meet community expectations, enhance program and technology offerings in libraries, and evaluate potential parks/recreation facility improvements to be recommended for inclusion in upcoming bond program. #5 - Partnerships and regional leadership - continue to maintain active dialogue with state and federal elected leaders and agencies, build relationships with officials in other Denton County municipalities, continue working with UNT and a private developer to build a convention center, and enhance partnerships with social service agencies in the community. Council budget priorities – budget priorities that had been suggested by Council included (1) Downtown shuttle service, (2) supplemental bicycle lane funding, (3) Downtown reinvestment grant program, (4) community market enhancements, (5) restore Council contingency funds, (6) City of Denton City Council Minutes May 6, 2013 Page 4 staff dedicated for development projects, and (7) additional funds for Human Services Advisory Committee. Langley asked if Council had any other suggestions to include. Council Member Roden suggested exploring the cost for an economic development study in a broad sense. Council Member Engelbrecht stated that he would like to look at an incubator project as a base line on what were the resources the City had for those types of projects. Mayor Burroughs stated that Denton was characterized as the greenest city in the U.S. but that required time and attention with resources to get to that level. He stated that if and when the southern part of Rayzor Ranch was developed, there was a museum project associated with the development and he wanted to make sure the City shepherded that facility. It should be a priority once definite plans were known. The City would need to at least think about some kind of resource allocation to shepherd that project. Council Member Gregory noted that United Copper bragged that their facility was operated 40% through wind energy. He would appreciate a staff report as a follow up to the Mayor’s comments. Council Member Engelbrecht suggested considering funding for an art master plan. He noted that some Council contingency funds went to the fire fighter museum and he requested staff review with the Chief what funding the museum might need going forward. He asked how it was funded and what might need to be done. The Fire Department had a large antique toy collection but could not display it because there was no space for it. He questioned what other possible goals the museum might have. Council Member Gregory suggested finding out if any person at UNT in the public administration program would be available for internship programs for research. He suggested amending the last bullet point in Key Focus Area #3 to refer to the city-wide sustainability plan which provided those details. He also suggested that Key Focus Area #4 have a reference point added for a bike and pedestrian mobility plan. Mayor Burroughs stated that in his view, the proactive nature of Code Enforcement for non- safety related items needed to be reviewed and the number of write ups that had increased. He felt there was a point at which it became more trivial in nature when it was proactive. A proactive approach for non-health related issues was something Council needed to think about and was not comfortable that it was a high priority. City Manager Campbell stated that staff had heard that message at the Council retreat and that there were not enough resources in Code Enforcement for petty issuances. Mayor Pro Tem Kamp suggested looking into a dedicated administrative person for Council and the Mayor. Council discussed the possibility of adding a staff person to assist the Mayor and/or Council. Langley reviewed the next step in the proposed budget calendar from May to October. City of Denton City Council Minutes May 6, 2013 Page 5 With no further business, the meeting was adjourned at 1:05 p.m. _____________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 14, 2013 After determining that a quorum was present, the City Council convened in 2nd Tuesday Session on Tuesday, May 14, 2013 at 4:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden ABSENT: None 1. Receive a report, hold a discussion, and give staff direction concerning ground water sampling for gas well drilling activities. Ken Banks, Director of Environmental Services and Sustainability, presented information regarding ground water sampling for gas wells. He stated that the discussion needed to start with some basic questions concerning sampling such as where, what, and when. He presented examples of what other cities in the area were doing regarding water well setbacks, types of sampling and specified parameters. Types of sampling included pre and post drilling sampling that included some with time frames and some testing done beyond the setbacks. The specified parameters included the types of chemicals that were tested for in the water sampling. One of the policy issues to consider was where the sampling would occur. Issues connected with where the sampling would occur included (1) should the sampling involve those wells in proximity to existing gas wells or only those wells in proximity to new gas well; (2) if existing wells, how would overlapping setbacks and notification to well owners be handled; (3) what setback distance would be used for sampling; (4) should monitoring be conducted only for freshwater wells that were closer than the current 1200 foot setback; (6) should monitoring be conducted for both irrigation and drinking water wells or only for drinking water wells. Mayor Burroughs asked who would pay for the sampling. Banks stated that in other cities, the operators of the gas well paid for the testing of the water well on someone else's property. Mayor Burroughs stated that in the other cities, if the water well owner said no to the testing that would end the procedure. Banks replied correct. Mayor Burroughs asked if these would be operating wells or non- operating wells. Banks stated that would be included in the definition of the procedures. Typically there would be an element of use associated with the well. Council Member Roden asked for an explanation of the underground water science. Banks stated that before drilling was done, information would have to be submitted to the Railroad Commission describing the underlying aquifer with a prescribed distance below the City of Denton City Council Minutes May 14, 2013 Page 2 aquifer. When a well drilled into the aquifer, it would go through the aquifer and the requirements for casing would be put in place in the area of the aquifer. Council Member Roden asked if leakage affected the water, what distance would do in terms of getting rid of pollution. Banks stated that the directionality of water in the aquifer would have to be taken into consideration. There could also be pressures associated with them. Leakage events would be the result of a failure of some type such as casing. Council discussed the drilling process and the effect on the underlying aquifer. In the absence of pre-drilling samples would it be beneficial to have post drilling samples. Council Member Gregory asked if there was some type of notification of water wells required so there was a listing of where they were located. Banks stated that a permit was required for drilling in the City and drillers had to register with the Water Development Board. However, the records might not be complete especially with older wells. Council Member Gregory asked how it would be verified that an operator made contact with a landowner and the result of that contact when dealing with a new well. Banks stated that process would have to be developed. Mayor Burroughs asked if the results of the test would be public or private. Banks stated that was a policy issue that needed to be addressed. Richard Casner, Deputy City Attorney, stated that the documents would be subject to an open records request. Banks continued with another issue to consider – what would be tested. He reviewed the common chemicals that were tested in other cities. There were also concerns with naturally occurring compounds. Aquifers may have naturally occurring compounds in excess of drinking standards. Evaluations of the two aquifers in this area indicated health based standard exceedences for some parameters were likely. He reviewed naturally occurring groundwater contamination in Texas. When would sampling be done was another issue to consider. For Denton, pre-drilling sampling was not possible for water wells in proximity to existing gas wells. Local examples from other municipalities tend to have pre and post drilling with one municipality also specifying post fracturing. Council Member Roden asked about procedures in other cities once a problem was discovered with post drilling. City of Denton City Council Minutes May 14, 2013 Page 3 Banks stated he did not know that answer and that he was not aware of a program where it came back and was actually documented Additional issues to consider included (1) wells will be on private property so a process for obtaining access agreements would need to be developed, (2) a process was needed to document situations where the well owner did not wish to have testing, (3) how would data be reported to owners of freshwater wells in terms of just data, data with comparisons to appropriate standards, etc., (4) sampling should be done under a full quality assurance/quality control plan and field sampling plan, and (5) collecting representative samples from water wells required specialized techniques and training, A summary of the issues/concerns included: #1 – Where to sample whether in setback, previously drilled or new. #2 – when would wells be sampled such a pre-drill only or pre and post drilling. #3 – What would be tested with a consideration for volatiles and semi-volatiles. #4 – Reporting results with a suggestion for comparisons with the Safe Drinking Water Act and the Texas Risk Reduction Program. Mayor Burroughs questioned if an inspection was done on a well and the results were reported publically and if the results exceeded the Sate criteria for drinking water, what would happen. Banks replied nothing would happen. Mayor Burroughs stated that the State provided guidelines but didn't say that the water could not be used. He questioned if the testing did not exceed the State levels in pre-testing but did in post-testing, would nothing happen again from the State. Banks stated that would depend on what and the amount of concentrations. Council Member Watts stated that the purpose of the information would be to provide some type of evidence for someone to take a course of action. On the State level this would not be a criminal act, but more of a private party act. Richard Casner, Deputy City Attorney, stated that it could be a criminal act if it were an environmental issue or it could be a civil matter by the landowner. Mayor Burroughs stated that the process was a voluntary one from the water well owner. The results of the test could be harmful to a property owner such as in the sale of the property. He favored the third policy with a list of items to be tested but be done by an approved consultant but have an obligation of the driller and to the water well owner the results of the test and to maintain those results. The same procedure would be done with post drilling results. That would allow the voluntary well owner to make the call. He questioned whether the results would be confidential to the water well owner only as the City was only a bridge between the property owner and the well operator. City of Denton City Council Minutes May 14, 2013 Page 4 Mayor Pro Tem Kamp felt that if the information did not have to be public knowledge there might be more volunteers for testing. Council Member Roden assumed the Mayor's scenarios would be for new wells. One of the reasons for considering this was not from the well owners but from others who had the perception of contamination. It was a benefit from the public perception to have the data open. It would prescribe a track record that was not polluting or was polluting. That data was helpful moving forward. The concern from citizens would not go away. Council discussed parameters of reworking a well, notifications of a reworking of the well and whether water testing could be done in the time frame for notification of reworking procedures for reworking a well. Consensus of the Council was to discuss some of the issues in a future Closed Session and following that work on developing a policy. Council Member King left the meeting. Following the completion of the 2nd Tuesday Session, the Council convened in a Closed Meeting at 5:23 p.m. to consider the item listed below. 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with City's attorneys with regard to Item #1 on the May 14, 2013 Special Called Meeting Agenda, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Following the completion of the Closed Session at 5:50 p.m., the Council convened in a Special Called Meeting to consider the following: 1.Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Rural Residential (RD-5) zoning district classification and use designation to an Employment Center Industrial (EC-I) zoning district classification and use designation for approximately 27.76 acres of land, generally located north of University Drive and west of Masch Branch Road and legally described as Lot 2, Block 1 of the Marriott Gardens Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (7-0). (Z12-0014, Masch Branch Rezoning) The City Council postponed this item to the May 14, 2013 Council meeting (7-0). Brian Lockley, Director of Planning and Development, provided the details of the proposal. The request was for a zoning change from Rural Residential to Employment Center Industrial. th Council postponed this item at their May 7 meeting to allow staff and the applicant to meet to City of Denton City Council Minutes May 14, 2013 Page 5 discuss public safety issues and infrastructure improvements. The Employment Center Industrial zoning district would bring existing uses into conformance (including existing light manufacturing) and allow for new permitted uses. A review of the development chronology pre 2001 development and post 2001 development activity was presented. In terms of building permit review and inspections, the Fire Department performed annual review/inspections with operational permits, hazardous permits, and flammable/combustible material permits. The Building Division performed inspections only during Certificate of Occupancy applications. Code Enforcement performed pro-active enforcement and inspections during Certificate of Occupancy applications and as part of their routine inspections program. If the property were developed today, the following comments would apply: (1) Masch Branch Road was classified as a Commercial Mixed-Use Collection street. Appropriate dedication of right-of-way was made during the approval of the final plat; (2) Masch Branch Road was classified as an unimproved perimeter street with requirements for construction of 25-feet wide concrete pavement, 8-foot wide sidewalk, curb and gutter, and required drainage improvements; (3) based on the size of the proposed development, a Traffic Impact Analysis would be required; (4) the Traffic Impact Analysis would determine if Signal Cost Participation was required for the intersection of Masch Branch Road and University Drive; and (5) the Traffic Impact Analysis would analyze the condition of the existing Masch Branch Road pavement up to University Drive to determine if offsite improvements to Masch Branch Road were required. Council Member Roden questioned if the mentioned infrastructure improvements would be what would be required if the proposal came to Council today. Lockley replied correct. Council Member Roden asked if at the time of the annexation in 2006 if Masch Branch Road was a county road. Lockley stated at the time of the annexation it became part of the city. Mayor Burroughs asked about the uses of the property at the time of the annexation. Lockley stated that the uses were office/warehouse. The most appropriate zoning district would have been Employment Center which was the lowest of the industrial classifications. The following individuals submitted speaker cards: Patricia Adams, representing the property owner, spoke in favor. Don Fraizer, 1740 Westminster, Denton, 76205 – spoke in favor. Council Member Watts asked if the property was rezoned from RD-5 did that eliminate the legal non-conforming status that existed at the time of rezoning. Richard Casner, Deputy City Attorney, stated it would make the uses at the time of zoning legal and others would be legal non-conforming. Council Member Roden questioned what other avenues would trigger improvements on the road. City of Denton City Council Minutes May 14, 2013 Page 6 Lockley stated that future developments would have to be several pieces in the area. Some would have to be annexed first. Mayor Pro Tem Kamp stated that due to the Development Review Committee and Planning and Zoning Commission recommendations for approval, she motioned to approve the request. Motion died due to the lack of a second. Council Member Gregory motioned to deny due to the insufficient structural integrity of the road and the width of the road for the zoning designation. Motion died due to the lack of a second. Council Member Roden felt the issue of concern was the road and questioned if at any point was the road mentioned to the property owner. Casner stated that it was unlikely that public improvements were discussed. Council Member Watts stated that two motions had been made with no second. If no further motions were made or if a motion was made again with no second, what would happen to the proposal. Casner stated that the zoning request would fail due to the fact that it was not passed. Council Member Watts stated that a zoning request that failed at the Council level had to wait a year to be resubmitted. He questioned if this would be the case in his example of motions. Casner stated he was not sure at this point. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to postpone the item to the th June 4 City Council meeting. Council Member Gregory felt that if the motion to approve had no second and the motion to deny had no second then there was no denial. If there was no denial of the proposal there would not be a time set for reapplication. Council Member Roden asked if Council could go into Closed Session to get these points clarified. Casner stated that he would need time to research the questions asked by Council. On roll call vote to postpone the item to a date certain of June 4th: Council Member Gregory, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Council Member Watts and Council Member Engelbrecht – “nay”. Motion carried with a 4-2 vote. City of Denton City Council Minutes May 14, 2013 Page 7 Ordinance No. 2013-00000 2.Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ("City") to execute, for and on behalf of the City, an Easement Grant and Abandonment agreement ("Agreement"), by and between the City and 52241, L.P., a Texas limited partnership ("Owner"), providing for (a) the granting to the City of (i) a public utility easement (herein so called) for public utility purposes, encumbering a 0.786 Acre tract, being more particularly described in the public utility easement, being attached to and made a part of the Agreement; and (ii) a Temporary Construction, Grading and Access Easement ("Temporary Easement"), encumbering 0.488 Acre of land, being more particularly described in the Temporary Easement, being attached to and made a part of the Agreement; and (b) the partial abandonment and release ("Release") by the City of (i) that certain Sanitary Sewer Easement, dated on or about January 1, 1961, from Walter M. Lea and wife, Jane C. Lea to the City, recorded in Volume 464, Page 188, Deed Records, Denton County, Texas; (ii) that certain Public Utility Easement, dated on or about August 7, 1980, from Calusa Development, Inc. to the City, recorded at Volume 1029, Page 480, Deed Records, Denton County, Texas; (iii) that certain All Purposes Public Utility Easement, dated on or about May 14, 1982, from RepublicBank Dallas, National Association to the City, recorded in Volume 1143, Page 125, Deed Records, Denton County, Texas; and (iv) that All Purpose Public Utility Easement, dated on or about October 6, 1981, from Leon McNatt Motor Co. to the City, recorded in Volume 1106, Page 73, Deed Records, Denton County, Texas (collectively, the "Affected Easements"), insofar and only insofar as the Affected Easements encumber a 0.095 Acre tract and a 0.489 acre tract, both tracts being more particularly described in the Release, attached to and made a part of the Agreement, all tracts of real property being located in the M.E.P. & P.R.R. Company Survey, Abstract No. 950, and the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas and being generally located at the 4000 Block, South Interstate Highway 35 East; providing a savings clause; and providing an effective date. (State School Sanitary Sewer Interceptor - Phase II) Paul Williamson, Real Estate Manager, presented the details on the property which involved the trading of easements. The route would follow a new line around the property and abandon the easements and line going through the center of the tract. Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote: Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. 3.Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored City of Denton City Council Minutes May 14, 2013 Page 8 by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Watts mentioned an upcoming event at TWU for the opening of a dorm. With no further business, the meeting was adjourned at 6:25 p.m. _____________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 21, 2013 The City of Denton City Council convened in the Work Session Room on Tuesday, May 21, 2013 at 5:30 p.m. to attend a reception honoring City Council. After determining that a quorum was present, the City Council convened in a Regular Meeting on Tuesday, May 21, 2013 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden ABSENT: Mayor Burroughs; Council Member Gregory 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. Consider adoption of an ordinance canvassing the returns and declaring the results of the Regular Municipal Election to elect four City Council Members to Districts 1, 2, 3, and 4 of the City Council of the City of Denton, Texas held in the city of Denton on May 11, 2013; and providing an effective date. City Secretary Jennifer Walters read the final vote total for each candidate in each district and the winning candidates. The following ordinance was considered: Ordinance No. 2013-122 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION TO ELECT FOUR CITY COUNCIL MEMBERS TO DISTRICTS 1, 2, 3, AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE CITY OF DENTON ON MAY 11, 2013; AND PROVIDING AN EFFECTIVE DATE. Council Member King motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion carried unanimously. 3. Consider adoption of an ordinance canvassing the returns and declaring the results of an election held in the city of Denton on May 11, 2013 allowing the City of Denton to own, acquire, construct, maintain, and operate a gas utility in order to provide gas utility services to non-residential customers in that area of the City near the Airport Industrial Park and bounded by the embracement of C. Wolfe Road, Jim Christal Road, Thomas J. Egan Road, U. S. Highway 380, Interstate Highway 35, Interstate Highway 35 West, John Paine Road, F.M. Highway 2449, and Tom Cole Road, and providing an effective date. City Secretary Jennifer Walters read the final vote total for and against the proposition. City of Denton City Council Agenda May 21, 2013 Page 2 The following ordinance was considered: Ordinance No. 2013-133 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF DENTON ON MAY 11, 2013 ALLOWING THE CITY OF DENTON TO OWN, ACQUIRE, CONSTRUCT, MAINTAIN, AND OPERATE A GAS UTILITY IN ORDER TO PROVIDE GAS UTILITY SERVICES TO NON-RESIDENTIAL CUSTOMERS IN THAT AREA OF THE CITY NEAR THE AIRPORT INDUSTRIAL PARK AND BOUNDED BY THE EMBRACEMENT OF C. WOLFE ROAD, JIM CHRISTAL ROAD, THOMAS J. EGAN ROAD, U. S. HIGHWAY 380, INTERSTATE HIGHWAY 35, INTERSTATE HIGHWAY 35 WEST, JOHN PAINE ROAD, F.M. HIGHWAY 2449, AND TOM COLE ROAD, AND PROVIDING AN EFFECTIVE DATE. Council Member Engelbrecht motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion carried unanimously. 4. Oath of Office administered to newly elected Council Members. City Secretary Jennifer Walters administered the Oath of Office to the following: District 1 – Kevin Roden; District 3 – Jim Engelbrecht; District 4 – Joey Hawkins. 5. Resolution of Appreciation for Chris Watts. Mayor Pro Tem Kamp read the Resolution of Appreciation for Chris Watts. Council Member King motioned, Council Member Roden seconded to approve the resolution. On roll call vote: Council Member King, Council Member Hawkins, Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 6:47 p.m. _________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ConsentAgendaB AGENDA INFORMATION SHEET AGENDA DATE : June 18, 2013 DEPARTMENT : Airport ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton a First Amendment to an Airport Lease Agreement as approved by Ordinance 2012-236 on September 18, 2012 between the City of Denton, Texas and HTA Aviation for the property located at 4910 Lockheed, Denton Enterprise Airport; and providing an effective date. Council Airport Committee recommends approval 2-0. BACKGROUND HTA Aviation entered into a ground lease at Denton Enterprise Airport as approved by the City Council on September 18, 2012. The original lot area was 26,055 square feet (0.598 acres) and the annual lease amount was $7,034.85. In order to accommodate the construction of a 10,400 square foot hangar without the requirement to include a two-hour fire wall on the south end of the hangar, it is necessary to maintain a thirty (30) foot setback from the leased lot line. This requires an amendment to the original lease to add another 2,575 square feet to the lot on the south side of the lease. The proposed First Amendment to the HTA Aviation lease will add the required square footage as shown in the attachment to the lease amendment. The additional lease payment will be $695.25 annually, for a total annual lease of $7,730.10. HTA Aviation was presented a Mayor and Council Business Award at the Mayor/Council Breakfast on May 30, 2013. HTA Aviation was featured in a Denton Record Chronicle front- page article in early June and recognized as a growing business tenant at Denton Enterprise Airport. HTA Aviation has contracted with CareFlight to establish a new base of operations in their hangar under construction at the Airport. PRIOR ACTION/REVIEW At their June 11, 2013 meeting, the Council Airport Committee recommended approval 2-0. Respectfully submitted: Quentin Hix Director of Aviation ConsentAgendaC AGENDA INFORMATION SHEET AGENDA DATE : June 18, 2013 DEPARTMENT : Airport ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton a Three-Way Agreement between the City of Denton, Atmos Energy Corporation and DCG Construction, LLC for the installation of a natural gas distribution line at Denton Enterprise Airport, said gas line to be owned, operated and maintained by Atmos Energy Corporation; and, providing an effective date. (Council Airport Committee recommends approval 2-0.) BACKGROUND Denton Enterprise Airport is implementing a utility service plan to accommodate hangar development in the open taxilane access area in the southeast portion of the Airport property. In order to provide natural gas service to the anchor tenant at 4910 Lockheed Lane and to provide for prospective hangar development in the adjacent acreage, Atmos Energy has been requested to extend a new distribution line from Skylane Street west parallel to Lockheed Lane. This 730 foot extension of a two (2) inch distribution line will be performed by a contractor approved by Atmos Energy and selected by the City through a competitive quote procedure. The Airport Fund will pay for the construction and Atmos Energy will assume ownership and responsibility for operation and future maintenance. The routine construction of new utility service lines in City rights-of-way or easements in a private development is funded by a developer and then the pipeline ownership is conveyed to the utility company by a Three-Way Agreement signed by the City, utility company and developer. The natural gas line on the Airport is unique because the City is both owner of the easement and the developer. The proposed Work Assignment Supplement will convey ownership of the natural gas pipeline only to Atmos Energy. The City ownership of the Airport property in which the pipeline is installed will not be affected. The agreement is necessary because Atmos Energy is not funding construction, however, they are assuming ownership and subsequent operation responsibility once the line is installed. The actual location of the natural gas distribution line to be installed is shown in an exhibit which is a part of the Work Assignment Supplement attached to the proposed ordinance. FISCAL IMPACT The construction cost for the 730 foot, two-inch natural gas distribution line is $13,490. City Purchase Order #160348 has been issued to DCG Construction, LLC to perform the installation following approval of the Work Assignment Supplement. Agenda Information Sheet June 18, 2013 Page 2 PRIOR ACTION/REVIEW At their June 11, 2013 meeting, the Council Airport Committee recommended approval by vote of 2-0. Respectfully submitted: Quentin Hix Director of Aviation ConsentAgendaD AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Karen Smith 349-8436 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network (Contract #416-12) for Uniform Purchase or Rental for City employees; and providing an effective date (File 4584-Employee Uniform Purchase or Rental awarded to G&K Services in the annual estimated amount of $400,000 for a three (3) year not-to-exceed amount of $1,200,000). FILE INFORMATION This item is for the annual rental or purchase of uniforms for City employees that are required to wear uniforms in performance of their job duties. departments should obtain uniforms for employees by renting or purchasing the uniforms from a vendor approved by the Materials Management Department. This includes field personnel for departments such as Solid Waste, Water, Wastewater, Parks, Denton Municipal Electric, Code Enforcement, Animal Services, Streets, Traffic, Facilities Management, Fleet Services and the City of Denton Distribution Center, but it does not include Police or Fire Department personnel. The Materials Managment Department has designated the Buy Board Contract vendor, G&K Services, as the approved uniform vendor per City policy. This allows the City to ensure that pricing is consistent and reasonable for all using departments. The Buy Board contract is all inclusive including some items currently not used by the City of Denton but that could be added at any time. Floor mats utilized by various departments in the entry ways of City buildings are also rented through this contract. RECOMMENDATION Award to G&K Services in the annual estimated amount of $400,000 for a three (3) year not-to- exceed amount of $1,200,000. PRINCIPAL PLACE OF BUSINESS G&K Services Coppell, TX Agenda Information Sheet June 18, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT Uniforms and mats are delivered on a weekly basis to numerous drop-off points at City facilities. The Buy Board contract awarded to G&K Services will expire on May 31, 2016. FISCAL INFORMATION The cost of uniform and mat rental is paid basis. EXHIBITS Exhibit 1: G&K Services Buy Board Contract Pricing Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 4584 Exhibit 1 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK (CONTRACT #416-12) FOR UNIFORM PURCHASE OR RENTAL FOR CITY EMPLOYEES; AND PROVIDING AN EFFECTIVE DATE (FILE 4584-EMPLOYEE UNIFORM PURCHASE OR RENTAL AWARDED TO G&K SERVICES IN THE ANNUAL ESTIMATED AMOUNT OF $400,000 FOR A THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $1,200,000). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 4584 G&K Services $1,200,000 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 4584 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 3-ORD-File 4584 ConsentAgendaE AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Chuck Springer 349-8260 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement between the City of Denton and Weaver and Tidwell, L.L.P. for independent audits; authorizing the expenditure of funds; and providing an effective date (File 5259Audit Services awarded to Weaver and Tidwell, L.L.P. in the not-to-exceed amount of $140,000 for 2013, $142,500 for 2014 and $145,000 for 2015 for a total award not-to- exceed $427,500). BACKGROUND The City engaged Weaver and Tidwell L.L.P. in 2008 to provide external auditing services. The contract with Weaver and Tidwell L.L.P. was for an initial three-year period followed by two options for one-year extensions. The term of the contract and extensions with Weaver and Tidwell L.L.P. expired with the completion of the audit for Fiscal Year 2012. For each of the final three years of the contract, the City paid $151,500 for these external auditing services. The City has received a proposal from Weaver and Tidwell, L.L.P. to provide external auditing services for the City for the next three (3) years. Weaver and Tidwell, L.L.P. has proposed reduced fees of $140,000, $142,500, and $145,000, respectively for the next three (3) years. City staff has been very pleased with the professionalism and capabilities of the auditing staff of Weaver and Tidwell, L.L.P. Another factor impacting external auditor services are changes to audit standards. When an audit firm begins an engagement with a new client, new audit standards require that the new firm the beginning balances the client is using in the fiscal year under audit examination. These standards provide increased costs when engaging a new audit firm to perform these services, which is then passed on to the client. Based on the reduced cost proposal and history of service, it is recommended that City Council approve a new three (3) year agreement for external auditing services with Weaver and Tidwell, L.L.P. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) An Informal Staff Report was presented to the Mayor and City Council (Report Number 2013-049) on May 10, 2013. Agenda Information Sheet June 18, 2013 Page 2 RECOMMENDATION Award a contract for Professional Auditing Services to Weaver and Tidwell, L.L.P. in the not to exceed amount of $140,000 for 2013, $142,500 for 2014 and $145,000 for 2015 for a total award not-to-exceed $427,500. PRINCIPAL PLACE OF BUSINESS Weaver and Tidwell, L.L.P. Dallas, TX ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract with the option to renew for two (2) additional one (1) year periods. FISCAL INFORMATION This item will be funded from account 160099.7852. No monies will be expended this fiscal year since the audit has already been completed for 2012. EXHIBIT Exhibit: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-PSA 5259 ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND WEAVER AND TIDWELL, L.L.P. FOR INDEPENDENT AUDITS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE (FILE 5259AUDIT SERVICES AWARDED TO WEAVER AND TIDWELL, L.L.P. IN THE NOT-TO-EXCEED AMOUNT OF $140,000 FOR 2013, $142,500 FOR 2014 AND $145,000 FOR 2015 FOR A TOTAL AWARD NOT-TO-EXCEED $427,500). WHEREAS, the Weaver and Tidwell, L.L.P. expires after it services for the fiscal year ending September 30, 2012; 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 of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council hereby finds and concludes that Weaver and Tidwell, L.L.P. is appropriately qualified under the provisions of the law to be retained to provide auditing services and has been selected on the basis of demonstrated competence, knowledge, and qualifications, and the compensation paid is fair and reasonable; and WHEREAS, the City Manager recommends and the City Council deems it in the public interest that the City enter into a professional services agreement for independent auditing services with Weaver and Tidwell, L.L.P. for the fiscal years ending September 30, 2013, September 30, 2014, and September 30, 2015, additional years ending September 30, 2016, and September 30, 2017; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute on behalf of the City, a professional services agreement for auditing services between the City and Weaver and Tidwell, L.L.P. for the independent auditing services, in substantially the form of the agreement which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 2-ORD-5259 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: __________________________________ ConsentAgendaF AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013 DEPARTMENT: Finance ACM: Bryan Langley ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Professional Services Agreement with Sawko & Burroughs, LLP, for Professional Services related to collection of delinquent taxes on behalf of the City of Denton; and establishing an effective date. BACKGROUND The awarded to the law firm of Sawko & Burroughs, LLP, on July 1, 2005. The City of Denton approved a new contract for delinquent tax collection services with Sawko & Burroughs on November 4, 2008, following an extensive Request for Proposal (RFP) process. This contract stipulated an initial term beginning December 1, 2008, and ending June 30, 2011. The contract also allowed for two additional one-year extensions through June 2013. On May 3, 2011, the City Council approved a one-year extension to the contract with Sawko & Burroughs which expired on June 30, 2012. In accordance with contract terms, the agreement was extended on a month-to-month basis until the final one-year renewal was approved on August 7, 2012. The final contract renewal term expires on June 30, 2013. According to the contract, collections are required to be at least 60% of current year delinquencies, and 30% of all prior year delinquent amounts. Through March 31, 2013 (partial contract year), Sawko and Burroughs has collected over 63% of the delinquent taxes for the current year, and over 35% of the delinquent taxes for prior years. Over the past three full contract years, Sawko and Burroughs has collected an average of approximately 65% of current year and 40% of prior year delinquencies. Consequently, staff has been satisfied with the performance of the firm. According to state statute, law firms receive a 20% fee for services associated with the collection of delinquent property taxes. These fees are in addition to the actual amount of delinquent taxes owed and are paid by the delinquent taxpayers, not the City of Denton. Since collection fees are established by statute, an evaluation of potential services is limited to a review of a particular law Agenda Information Sheet June 18, 2013 Page 2 These type of rankings are inherently subjective in nature, and the differences in collection performance and procedures is minimal between delinquent property tax collection law firms. Further, after reviewing the performance of Sawko & Burroughs, staff is of the opinion that the firm has performed more than satisfactorily. As such, staff is recommending that a new three year contract be awarded to the Sawko & Burroughs law firm for delinquent property tax collection services. PRIOR ACTION/REVIEW (Council, Boards, Commission) On November 8, 2008, the City of Denton entered into a contract with Sawko and Burroughs, LLP, for delinquent tax collection services. On May 3, 2011, the City Council approved a one-year contract extension with Sawko and Burroughs, LLP. On August 7, 2012, the City Council approved a separate agreement with Sawko and Burroughs, LLP, which expires on June 30, 2013. On April 5, 2013, the City Council received an Informal Staff Report regarding the upcoming the services of Sawko and Burroughs through June 30, 2016. RECOMMENDATION with Sawko and Burroughs, LLP, be awarded for a period of July 1, 2013, to June 30, 2016. Additionally, the proposed contract will provide the City Council with the ability to renew the contract for two (2) additional one-year terms. EXHIBITS Ordinance Respectfully Submitted By: Bryan Langley Assistant City Manager ConsentAgendaG AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ethan Cox 349-7421 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a First Amendment to the Utility Bill Printing and Mailing Services contract with Ancor Information Management LLC, dba Utilitec, providing for a one (1) year contract extension with two (2) one-year optional extensions in the not-to-exceed amount of $350,000/year; providing for the expenditure of funds therefor and providing an effective date (Bid 4246First Amendment to Contract for Utility Bill Printing and Mailing Services in the annual amount not- to-exceed $350,000 for a three (3) year not-to-exceed total of $1,050,000). The Public Utilities Board approved this item by a vote of (6-0). BID INFORMATION On July 21, 2009, the City Council approved the adoption of an ordinance authorizing Ancor Information Management, LLC, dba Utilitec, to provide bill printing and mailing services for the City of Denton and its utilities customers. To date, this agreement has led to a number of Department. The efficiency and cost effectiveness of the billing process has improved as City staff is no longer required to prepare and inspect more than 600,000 utility bills each year. The reduction in bill preparation time has allowed staff to shift their focus to quality control. In addition, the etrieve their utility bills on the Internet instead of relying on traditional paper bills. This option is not only environmentally friendly, but it also reduces postage costs for both the City and its customers. During the 2009 evaluation process for Bid 4246, Ancor Information Management, LLC dba Utilitec, presented the best value bid based on the cost of service as well as their ability to requirements. Staff contends that Utilitec continues to provide excellent value, and by exercising the renewal option(s) included in the original contract, City staff will continue to meet customer expectations and strategic objectives. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The City Council approved a three (3) year contract with Ancor Information Management, LLC, dba Utilitec in an amount not to exceed $1,050,000 at its July 21, 2009 meeting (Ordinance 2009-159). On June 10, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. Agenda Information Sheet June 18, 2013 Page 2 RECOMMENDATION Approve an extension to the agreement with Ancor Information Management, LLC, dba Utilitec in the annual amount not-to-exceed $350,000 for a three (3) year not-to-exceed total of $1,050,000). PRINCIPAL PLACE OF BUSINESS Ancor Information Management, LLC, dba Utilitec Troy, MI ESTIMATED SCHEDULE OF PROJECT The First Amendment will extend the contract through July 21, 2015. FISCAL INFORMATION This item will be funded from operating account 630800.6386. EXHIBITS Exhibit 1: Original Approved Contract Exhibit 2: Public Utilities Board Draft Minutes Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-Bid 4246 Exhibit 1 Exhibit 2 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 June 10, 2013 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, June 10, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901A Texas Street, Denton, Texas. 9 10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy 11 Robinson, Leonard Herring, Barbara Russell and Lilia Bynum 12 13 Absent: Phil Gallivan 14 15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM 16 OPEN MEETING: 17 18 CONSENT: 19 20 21 3) Consider recommending adoption of an ordinance by the City of Denton, Texas, authorizing 22 the City Manager to execute a First Amendment to the Utility Bill Printing and Mailing 23 Services contract with Ancor Information Management, LLC, dba Utilitec, providing for a 24 three (3) year contract extension in the not-to-exceed amount of $1,050,000; providing for 25 the expenditure of funds therefor and providing an effective date (Bid 4246First 26 Amendment to Contract for Utility Bill Printing and Mailing Services in the annual amount 27 not-to-exceed $350,000 for a three (3) year not-to-exceed amount of $1,050,000). 28 Board Member Herring pulled this item. Herring stated it seems that this bid for over a 29 million dollars for printing is an extension of a prior contract that has expired. Do we not 30 have to go out to bid again after a contract has expired 31 . Martin answered the contract that 32 was approved has in it terms and conditions that would allow staff to reestablish the bid. 33 Robinson stated he believes there was an option on it to extend it. Martin agreed. Depending on 34 how it was bid the first time you do not necessary have to rebid at the end of three years. If the 35 terms and conditions are such that you can extend up to a certain period of time without 36 rebidding it is optimal. Martin added the experience with this company has been very good and 37 staff is pleased with the level of service. Herring then asked if it is at the same rate. Martin 38 answered it is. 39 Robinson asked what the percentage of utility bills are e-bills 40 . Bryan Langley answered 41 about seven percent. 42 Board Member Robinson motioned to approve item 3 with a second from Board Member 43 Bynum. The vote was 6-0 approved. 44 45 46 Adjournment 11:07 a.m. ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE UTILITY BILL PRINTING AND MAILING SERVICES CONTRACT WITH ANCOR INFORMATION MANAGEMENT, LLC, DBA UTILITEC; PROVIDING FOR A ONE (1) YEAR CONTRACT EXTENSION WITH TWO (2) ONE-YEAR OPTIONAL EXTENSIONS IN THE NOT-TO-EXCEED AMOUNT OF $350,000/YEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (BID 4246FIRST AMENDMENT TO CONTRACT FOR UTILITY BILL PRINTING AND MAILING SERVICES IN THE ANNUAL AMOUNT NOT-TO- EXCEED $350,000 FOR A THREE (3) YEAR NOT-TO-EXCEED TOTAL OF $1,050,000). WHEREAS, on July 21, 2009 by Ordinance No. 2009-159, the City awarded a contract for Utility Bill Printing and Mailing Services to Ancor Information Management, LLC dba Utilitec, in the amount of $1,050,000; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council this First Amendment be authorized to amend such contract agreement with respect to renewing the agreement through July 21, 2015 and an increase in the payment amount; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment increasing the amount of the services agreement between the City and Ancor Information Management, LLC dba Utilitec, which is on file in the office of the Purchasing Agent, in an amount not-to-exceed One Million Fifty Thousand and 0/100 ($1,050,000) Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said amendment. The total contract amount increases to $2,100,000. SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 4246 to the City Manager of the City of Denton, Texas, or his designee. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013 ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 3-ORD-Bid 4246 THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT FOR UTILITY BILL PRINTING AND MAILING SERVICES (BID # 4246) by and between the City of Denton, Texas and Ancor Information Management LLC, dba st Utilitec Bid #4246 21 day of July, 2009, by Ancor Information Management LLC, dba Utilitec acting by and through its duly authorized officer or representative, and the City of Denton, approved by the City Manager, within his delegated signature authority on behalf of the City; said Agreement provided for Utility Bill Printing and Mailing Services for the City of Denton Customer Service Department; and both CONTRACTOR and the CITY have each resolved that the Agreement should be continued and amended as to certain provisions, to wit: NOW, THEREFORE, in consideration of the covenants and agreements herein Amendment to Contract for Utility Bill Printing and Mailing Services due to the fact that the CITY needs the further services of CONTRACTOR to perform the tasks described in Article I (a) of the Contract which tasks have increased in scope and volume; and CONTRACTOR and the CITY hereby amend the Sections of the original Contract as follows; and SECTION III. TERM OF CONTRACT Section III of the Contract shall instead read: for one (1) additional year from the original termination date of July 21, 2012 with the option to renew for two (2) additional one (1) year periods. SECTION IV. PAYMENT In the first paragraph of Section V. of the Contract shall instead read: 1 ConsentAgendaH AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Terry Kader at 349-8729 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of twelve (12) vehicles for the City of Denton Water, Wastewater and Electric Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 5183-awarded to James Wood Auto Park in the amount of $324,701.55). The Public Utilities Board approved this item by a vote of (6-0). FILE INFORMATION This item is for the purchase of four (4) vehicle replacements and two (2) vehicle additions for Water/Wastewater, and five (5) vehicle replacements and one (1) vehicle addition for Denton Municipal Electric. The nine (9) vehicle replacements were approved in the Fiscal Year 2012- 2013 Vehicle Replacement Plan and Annual Operating Budget, and have met the City of Denton Fleet Replacement Criteria. The three (3) fleet additions were approved in the Fiscal Year 2012- 2013 Annual Operating Budget.All of the engines meet or exceed current Environmental Protection Agency emission standards, and the gasoline engines are flex-fuel Ethanol-85 compatible. The vehicles that are being replaced will be auctioned at a later date. Requests for proposals were sent to seven (7) prospective suppliers. In addition, specifications were placed on the Material Management website for prospective suppliers to download, and the notice to prospective suppliers was advertised in the local newspaper. Four (4) proposals were received, including one (1) from the local Chevrolet vendor, James Wood Auto Park (Exhibit 1). Proposals were evaluated based upon the published criteria listed below: Price-Total Cost of Ownership 60% Includes total cost of ownership, installation costs, life cycle costs, and warranty Delivery Time Frame25% Preference given to vehicles in stock Compliance With Specifications, Quality, Reliability 15% Characteristics of the product that bear on its ability to meet stated or implied needs Agenda Information Sheet June 18, 2013 Page 2 FILE INFORMATION (CONTINUED) An evaluation committee consisting of City staff reviewed and rank ordered the proposals based on the established criteria. The City has been in the process of standardizing its fleet to Chevrolet trucks in order to create a more efficient maintenance schedule, thereby reducing the training cost for mechanics and increasing the compatibility of replacement parts. Therefore, the committee scored the responses to the evaluation factor relating to compliance with specifications, quality, and reliability, based on this standardization. Staff also considered the delivery time frame evaluation factor as to whether the vehicle was currently in stock at the dealership or not, and appropriately scored the proposal(s) that met the requirements. The proposal submitted by James Wood Auto Park received the highest evaluated score and provides the best value for the City (Exhibit 2). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 10, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award the purchase of twelve (12) vehicles to James Wood Auto Park for a total award amount of $324,701.55. PRINCIPAL PLACE OF BUSINESS James Wood Auto Park Denton, TX ESTIMATED SCHEDULE OF PROJECT The purchase and delivery of vehicles and equipment will occur within 30-60 days of purchase order issuance. FISCAL INFORMATION These items will be funded from Fiscal Year 2012-2013 operating accounts for Water, Wastewater, and Electric Departments. Exhibit 3 shows the vehicle description, purchase amount, funding account and requisition number that has been entered into the Purchasing software system. Agenda Information Sheet June 18, 2013 Page 3 EXHIBITS Exhibit 1: Pricing Sheet Exhibit 2: Evaluation/Ranking Sheet Exhibit 3: Vehicle Replacement List Exhibit 4: Public Utilities Board Draft Minutes Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5183 Utility Vehicles EXHIBIT 2 RFP 5183 - Evaluation Tuesday, April 30, 2013 Overall Average Ranking Score 97.33%1st James Wood 93.00%2nd Caldwell Country Chevrolet 83.33%3rd Caldwell Country Ford 79.00%4th Reliable Chevrolet Team:Fleet Superintendent Fleet Services Budget Administrator Streets Supervisor Exhibit 4 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 June 10, 2013 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, June 10, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901A Texas Street, Denton, Texas. 9 10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy 11 Robinson, Leonard Herring, Barbara Russell and Lilia Bynum 12 13 Absent: Phil Gallivan 14 15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM 16 OPEN MEETING: 17 18 CONSENT: 19 20 21 1)Consider recommending an adoption of an ordinance accepting competitive bids by under 22 Section 271.102 of the Local Government Code for the purchase of twelve General Motors 23 Trucks for the City of Denton Water, Wastewater and Electric departments; providing for the 24 expenditure of funds therefor; and providing an effective date (File 5183-awarded to James 25 Wood Auto Park in the amount of $324,701.60). 26 Board Members and Russell and Herring pulled this item. Russell asked if the work trucks 27 could be purchased without electric door locks and windows. Russell knows all these 28 things cost and it does add up. Also why would we need extended cab trucks 29 . Martin 30 answered that generally speaking we are looking at trucks with certain packages. If you get a 31 particular package it comes with items that were not requested but comes with the package. It 32 generally cost more to exclude items that were not requested. As far as extended cabs, those 33 trucks will carry a crew not just two people. Fleet also looks at the resale value of items when 34 they are put in the auction. It is a combination of things that makes the packages that we 35 purchase. This is the first time in a long time that they are local vendors. Russell was happy 36 about local vendors. 37 Herring asked if the Denton Bill Utter Ford dealership was invited to bid on the trucks 38 . 39 Martin stated they were but declined to bid. Not all dealerships carry fleet type vehicles. 40 Board Member Herring motioned to approve item 1 with a second from Board Member 41 Russell. The vote was 6-0 approved. 42 43 44 45 Adjournment 11:07 a.m. ORDINANCE NO. ____________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF TWELVE (12) VEHICLES FOR THE CITY OF DENTON WATER, WASTEWATER AND ELECTRIC DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5183-AWARDED TO JAMES WOOD AUTO PARK IN THE AMOUNT OF $324,701.55.) WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for fleet vehicles for various City of Denton departments 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, supplies or services, shown ifor 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. RFP NUMBER CONTRACTOR AMOUNT 5183 James Wood Auto Park $324,701.55 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. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the RFP 5183 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 6-ORD-RFP 5183 Utility Vehicles ConsentAgendaI AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kevin Gunn 940-349-8595 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the design and installation of structured communications cabling for various City of Denton Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 5217-awarded to T-Datacom, Inc. in the annual estimated amount of $84,000 for a three (3) year total not-to-exceed $252,000). RFP INFORMATION The City of Denton will need structured communications cabling services for five (5) impending construction/renovation projects and miscellaneous individual cabling projects within existing facilities. These buildings will require data cabling for voice and data communications network connectivity to various City Services supporting daily operations, such as email, financial systems, Geographic Information Systems (GIS), and telephones. Standard purchasing procedures were followed to solicit proposals for the design and installation services for the structured communications cabling. Request for Proposals (RFP) were sent to twenty five (25) prospective suppliers, including four Denton firms. In addition, notice was advertised in the local newspaper, and the specifications were placed on the City of Denton Materials Management website for prospective suppliers to download. Two (2) responses were received meeting the minimum qualifications. Representatives from Facilities Management and Technology Services evaluated the two submissions based on the criteria set forth in the RFP. A Best and Final Offer (BAFO) opportunity was sent to both respondents, along with clarification questions regarding the respondents calculation of the average delivery days for the projects. Both respondents continued to offer the same pricing as their original proposal. The average delivery days were recalculated or clarified by the respondents, after receiving further clarification communications from City staff. T-Datacom was ranked the highest in this category at 20 points. Technology Resource Center of America, LLC (TRCA) is a Denton firm and they proposed to partner with Banning I.T. Solutions, LLC (Banning) of Tulsa, Oklahoma to perform the installation of the structured communications cable. Banning was established in 2011 and would actually perform all of the communications cabling. TRCA and Banning have primarily provided cabling services to the Federal Government over the past two (2) years. T-Datacom was established in 2008 and has provided excellent service to the City for various cabling projects Agenda Information Sheet June 18, 2013 Page 2 RFP INFORMATION (CONTINUED) over the past several years. They are located in Sanger, Texas. T-Datacom ranked higher than TRCA in the indicators of probable performance category at 20 points and in the delivery category at 20 pointsn the proposal from T-Datacom, the evaluation team ranked T-Datacom, Inc. as the respondent who offered the best overall value for the cabling services based on the criteria listed in the RFP. The evaluation scoring and ranking results are shown as Exhibit 1. In order to determine an annual estimated amount for this contract, staff from the Technology Services and Purchasing Departments evaluated the spend history for structured communications cabling services for the past three (3) years. The quantities shown for each line item on Exhibit 1 are only estimates, and the actual cost for each project will be determined at the time that the work is performed. RECOMMENDATION Approve a contract with T-Datacom, Inc. in the annual estimated amount of $84,000 for a three (3) year total not-to-exceed $252,000. PRINCIPAL PLACE OF BUSINESS T-Datacom, Inc. Sanger, Texas ESTIMATED SCHEDULE OF PROJECT The initial term of this contract is for one (1) year ending June 18, 2014. The City and T-Datacom, Inc. shall have the option to renew this contract for two (2) additional one year periods. FISCAL INFORMATION The cabling services will be funded on an as needed basis and will be funded from various operating and job cost accounts provided to Technology Services. EXHIBITS Exhibit 1: RFP #5217 Evaluation/Ranking Sheet Agenda Information Sheet June 18, 2013 Page 3 Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-RFP 5217 Exhibit 1 RFP 5217 - Evaluation Structured Communications Cabling May 29, 2013 Final Ranking/Score 98.911st T-Datacom, Inc. - Sanger, Texas 92.572nd TRCA - Denton, Texas The top two (2) finalists received and responded to the BAFO letter to determine the overall best value to the city. ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE DESIGN AND INSTALLATION OF STRUCTURED COMMUNICATIONS CABLING FOR VARIOUS CITY OF DENTON DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5217-AWARDED TO T-DATACOM, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $84,000 FOR A THREE (3) YEAR TOTAL NOT-TO-EXCEED $252,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the design and installation of structured communications cabling for various City departments 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, for 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. RFP NUMBER CONTRACTOR AMOUNT 5217 T-Datacom, Inc. $252,000 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 attached hereto; 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. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the RFP 5217 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 5-ORD-RFP 5217 ConsentAgendaJ AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013 DEPARTMENT: Police ACM: Jon Fortune SUBJECT Consider adoption of an ordinance amending Ordinance No. 2006-331 to decrease the adoption fees for dogs and cats and to allow for adoption subsidy donations to reduce the adoption fees in special circumstances for specific animals at the discretion of the Animal Services Supervisor pursuant to Chapter 6 of the Code of Ordinances of the City of Denton, Texas; providing that a schedule of fees shall be maintained on file in the office of the City Secretary; a severability clause; providing a savings clause; and providing an effective date. BACKGROUND The Denton Animal Shelter provides temporary housing for lost, abandoned, and surrendered animals from within the city limits as well as unincorporated Denton County and the City of Corinth. Unless claimed by their owner within 96 hours, these animals are potentially available for adoption to the general public. Beginning in 2005, the Animal Shelter moved to a one-stop adoption process where adopted animals are spayed/neutered, vaccinated, examined, and microchipped by a veterinarian under contract with the City. Subsequently, the fees for adopting an animal from the shelter were increased to cover the added expense of these medical procedures. The adoption fees were established at $110 for cats and $120 for dogs. Setting the adoption so high that it discourages individuals from selecting animals from the shelter. As the last stop for most of these animals, the shelter must do what it can to market them and make them readily available. Conversely, the adoption also needs to require some sort of financial stake from the adopter. Taking on an animal carries a financial obligation for food and medical care, at a interested in getting an animal for free instead of selecting a suitable animal for their family and living arrangements. A free animal is also much easier to walk away from than one that required an investment. The shelter staff recommended the current adoption price based on the cost for the medical services being performed for the adopted animals. This followed the previous adoption process where adopters paid their veterinarian in advance for the state-required medical work. Staff reasoned that the new fee was a fair trade-off versus the average fees being paid by adopters to individual veterinary practices. Agenda Information Sheet June 18, 2013 Page 2 Based on the 2006 cost analysis study, the adoption fee covered the medical expenses, but did not cover the incurred boarding costs for the animals, which were held an average of 7.6 days at the shelter. Use of Subsidy Funding In the years following the increase in adoption fees, animal adoptions were steady but not significantly high. The shelter relied on area rescue groups to take in a number of animals from the shelter. During busier times, the overcrowded shelter saw animals euthanized due to a lack of space. Concurrent with the emergence of the Denton Animal Shelter Foundation (DASF), the shelter saw an increase in the number of private citizens who offered financial donations to help pay for adoptions. Several programs were established that sponsored discounted adoptions at specific events during the year. In 2012, the Denton Animal Shelter and DASF entered the ASPCA/Rachel Ray Adoption Challenge. This nation-wide adoption competition was intended to promote animal adoptions from local shelters. During the three-month challenge, DASF and private citizens provided thousands of dollars in donations to subsidize the adoption rates for animals at the shelter. The results were astonishing, as the shelter experienced a 53% increase in adoptions over the same timeframe from the previous year. In the months following the challenge, DASF and private individuals continued to provide adoption subsidy funding to encourage adoptions. From January through March of this year, 735 animals were adopted from the shelter. Just over 71% of those adoptions were subsidized by private donations through individual citizens or DASF. While there is no way to accurately determine how many subsidized animals would have still been adopted at full price, there is no doubt that the adoption subsidies are very effective. While these funds are donated willingly, the monthly financial strain is considerable and likely not sustainable. While the subsidies are quite effective, staff has noted two developing trends related to the practice. First and foremost, the subsidies are currently being provided on specific days of the week and/or for specific categories of animals (two-tone coats, all black, etc). Under this arrangement, all animals that qualify are subsidized. There is no way to establish or limit the number of subsidized adoptions on those days. Therefore, those individuals or groups offering the subsidies typically have no way to pre-plan the financial impact of the subsidies until after the adoptions have occurred. There is a significant possibility that the adoptions could exceed the financial expectations of the donors. The second developing trend noted by staff is the impact of the subsidies on adoption practices. Because the subsidies are done on specific days, some adopters will choose to wait for a subsidized day to adopt an animal. With the exception of some of the very popular animals, such as pure breeds, puppies, and kittens, adopters appear to be willing to wait for the lower fee days to make a selection. This is an unintended consequence of the subsidy program. The results are longer hold times for animals that are readily adoptable and an increasing number of requests to offer the subsidies on other days for the convenience of the adopter. Agenda Information Sheet June 18, 2013 Page 3 Recommended Changes Staff examined the adoption fees (and included services) for 23 area animal shelters (attachment A). The results show that the current adoption fees are the second highest for both dogs and cats. While the adoption fee includes a significantly more services than the average shelter in the survey, the costs are still quite high. When combined with the evidence of the effectiveness of the private adoption subsidies, it is clear that a reduction in the adoption fee could make a significant impact on both the number of adoptions and on the ability of the private donors to help even more animals. Adoption Fees Staff proposes that the adoption fees be reduced from the current $120/dogs and $110/cats to a flat $60 for both dogs and cats. This change would place the shelter at the third lowest adoption fee for cats and second lowest for dogs among the surveyed shelters that provide full veterinary services. The change should serve to further encourage adoptions and help to foster the image of the shelter as a place to find quality companions at an affordable price. Barn Cat Program Among the many cats that come into the animal shelter are some that are not socialized (feral) or are otherwise determined to not be a good fit as an in-house companion. For the past few years, private individuals and DASF have been subsidizing the full adoption cost of these cats as a means to get them out to appropriate locations instead of having them euthanized. In 2012, the shelter adopted out an average of 19 barn cats a month. There are a number of barn cat programs -Neuter-Release (TNR) program. Staff recommends eliminating the adoption fee for these animals and providing them to qualified adopters free of charge. Adoption Subsidy Program In addition to the adoption fee reduction, staff would like to formalize the adoption subsidy program. With the adoption fee set at $60, staff would like to establish a set adoption subsidy of $30 per animal. Further, staff would like to replace the use of subsidies for specific days of the week or categories of animals with subsidies for specifically identified animals at the shelter. In doing this, staff would select animals that are typically more difficult to adopt (medical condition, breed type, age, etc) and make them available at the subsidized rate of $30 while they are at the shelter. The combination of the set subsidy amounts and the individual selection of animals will streamline the adoption subsidy process, allow donors to pre-plan and budget for subsidies in advance, and eliminate confusion among adopters, staff, and volunteers as to the cost of adoption on any given day at the shelter. Finally, staff recommends that the adoption fee ordinance include language that allows the Animal Services Supervisor, with the approval of the City Manager (or designee) the flexibility to further reduce the adoption fees for specific animals due to special circumstances when it is determined to be in the best interest of the animal and the shelter. Examples of this would be an animal with a serious medical condition that requires considerable continuing treatment, or an overcrowding of the shelter that would result in unanticipated euthanasia of animals deemed otherwise adoptable. Agenda Information Sheet June 18, 2013 Page 4 May 16, 2013. The Advisory Committee was supportive of the planned changes to the fees and the subsidy program. The committee unanimously recommended that these changes be brought forward to the Council for consideration. OPTIONS 1.Council can approve the Animal Fee Ordinance. 2.Council can reject the ordinance and direct staff to make additional changes. RECOMMENDATION Staff recommends approval of the Animal Fee Ordinance. PRIOR ACTION/REVIEW 02/22/05 Council Work Session on Animal Services Strategic Plan. 11/01/05 Council Work Session on One Stop Adoption. 11/15/05 Council Meeting to approve Adoption Fee Ordinance. 05/16/06 Council Work Session on Animal Shelter Cost Recovery Assessment. 10/10/06 Council Work Session on Animal Services Fee Revisions. 12/06/06 Council Meeting to approve Fee Revisions. 05/09/13 Informal Staff Report on Adoption Fees and Subsidies. 05/16/13 Animal Shelter Advisory Committee Adoption Fee Recommendations 06/04/13 Council Work Session on Adoption Fees and Subsidies. FISCAL IMPACT The reduction of the fees as outlined above will result in a net reduction of projected revenue of $48 per cat adoption, $108 per barn cat adoption, and $59 per dog adoption. Based on 2012 adoption figures, this would total to a reduction of projected revenue in $151,884. Because budgeted revenue projections are based on adopters paying the standard adoption fee, adoption subsidy donations are already impacting revenue projections. Subsidy donations are tracked through a specific adoption donation account, and are not included in general fund revenue. Given the fact that 71% of the animals adopted in the first three months of 2013 were subsidized by at least $60 each, this projected decrease in revenue is, in essence, already being reflected in the FY 12-13 budget. As stated previously, the ability of these individuals and groups to maintain this level of financial support is questionable. A reduction in subsidy funding would very likely have a negative impact on adoptions, which would lead to an inevitable increase in euthanasia at the shelter. This would translate to increased financial costs (euthanasia, cremation) and a damaging cost to the image of the shelter and the city in general. It should be noted that the cost for euthanasia and cremation is estimated to be $45 per animal. In comparison to the reduction in revenue per adopted animal, the net loss of the fee reduction is minimal. Finally, staff anticipates that the cost for adoption veterinary services will decrease with the opening of the Linda McNatt Animal Care and Adoption Ce fully calculated at this point, any decrease in adoption veterinary costs will offset the negative financial impact of these proposed adoption fees. Agenda Information Sheet June 18, 2013 Page 5 Respectfully submitted, Lee Howell Chief of Police Prepared by: Scott Fletcher, Captain O:\Agendas\FORTUNE AGENDA ITEMS\2013\June 2013\June 18 - 2013\Animal Adoption Fees\AnimalFeeOrdinance.doc ORDINANCE NO._______________ AN ORDINANCE AMENDING ORDINANCE NO. 2006-331 TO DECREASE THE ADOPTION FEES FOR DOGS AND CATS AND TO ALLOW FOR ADOPTION SUBSIDY DONATIONS TO REDUCE THE ADOPTION FEES IN SPECIAL CIRCUMSTANCES FOR SPECIFIC ANIMALS AT THE DISCRETION OF THE ANIMAL SERVICES SUPERVISOR PURSUANT TO CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT A SCHEDULE OF FEES SHALL BE MAINTAINED ON FILE IN THE OFFICE OF THE CITY SECRETARY; A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to reduce the adoption fees for dogs and cats; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following fees in the Schedule of Fees established by Ordinance No. 2006-331 are hereby amended to be collected pursuant to the specified provisions of Chapter 6 of the Code of Ordinances: SCHEDULE OF FEES Sec. 6-14Dog and Cat Registration Fee $ 25.00 annually $ 4.00 annually if unable to procreate The registration fee shall be waived for all sterilized and microchipped animals if the owner provides proof of sterilization and microchipping to the Animal Services Unit. Sec. 6-17Animal Impound Fees (1) Class A Animals (dogs, cats, fowl, each animal) First Impoundment $ 20.00 Second Impoundment $ 30.00 Third Impoundment $ 45.00 Fourth Impoundment $ 70.00 (2) Class B Animals (goats, sheep, lambs, pigs, sows, shoats, calves, foals, and animals of the same approximate size and weight, each animal) First Impoundment $ 30.00 O:\Agendas\FORTUNE AGENDA ITEMS\2013\June 2013\June 18 - 2013\Animal Adoption Fees\AnimalFeeOrdinance.doc Second Impoundment $ 40.00 Third Impoundment $ 75.00 Fourth Impoundment $113.00 (3) Class C Animals (cattle, mules, horses, ponies, and animals of the same approximate size and weight, each animal) First Impoundment $ 35.00 Second Impoundment $ 50.00 Third Impoundment $ 75.00 Fourth Impoundment $115.00 (4) Class D Animal (prohibited, exotic, or wild animals requiring capture by center personnel [provided, if the Class D animal is already contained by the owner, then Class B fee schedule shall apply]) First Impoundment $ 34.00 Second Impoundment $ 50.00 Third Impoundment $ 75.00 Fourth Impoundment $115.00 Sec. 6-17 Daily Handling Fee First Day or part of Day $ 8.00 Each Subsequent Day $ 8.00 Sec. 6-18 Adoption Fees Dogs $ 60.00 Cats $ 60.00 Ferrets $ 10.00 Animal Services may utilize adoption subsidy donations to reduce the adoption fee of specific animals to thirty dollars ($30.00) at the discretion of the Animal Services Supervisor. The Animal Services Supervisor, with the approval of the City Manager (or his designee), may further reduce the adoption fee of any animal based on special circumstances where it is determined to be in the best interest of the animal(s) and the shelter. Sec. 6-21 Carcass Handling/Dead Animal Disposal Fee Drop-off/Animal Brought to Animal Control Center $ 15.00 per animal City Pick-up of Animal $ 35.00 per animal Page 2 of 4 O:\Agendas\FORTUNE AGENDA ITEMS\2013\June 2013\June 18 - 2013\Animal Adoption Fees\AnimalFeeOrdinance.doc Sec. 6-22 Animal Euthanasia Fees (including cremation) $ 30.00 per animal Sec. 6-24 Quarantine Fees First Day or part of Day $ 8.00 Each Subsequent Day $ 8.00 Rabies Diagnostic Testing $ 70.00 Sec. 6-30 Prohibited Animal Permit Fee $ 50.00 per animal Sec. 6-38 Dangerous Animal Fee $200.00 per animal SECTION 2. The above-mentioned fees as established by the City Council shall be placed on file in the office of the City Secretary and made available to any member of the public who wishes to see a copy of the fees as established by this ordinance. The City Secretary is directed to or as in the future may be established by the City Council. All fees shall be paid to the City at the Animal Control Center in accordance with Article III of Chapter 6 of the Code of Ordinances of the City of Denton. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 4. Save and except as amended hereby, all the provisions, sections, subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage. PASSED AND APPROVED this the _______ day of _______________________, 2013. ______________________________________ MARK A. BURROUGHS, MAYOR Page 3 of 4 O:\Agendas\FORTUNE AGENDA ITEMS\2013\June 2013\June 18 - 2013\Animal Adoption Fees\AnimalFeeOrdinance.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _________________________________ Page 4 of 4 ConsentAgendaK AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Elton Brock at 349-7133 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Arlington, Texas under Section 271.102 of the Local Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5282-Interlocal Agreement with the City of Arlington). FILE INFORMATION Section 271.102 of the Texas Local Government Code, authorizes respective participating governments to enter into agreements for the purchase of goods and services. The attached Agreement is an authorization for the City of Arlington to participate in contracts awarded by the City of Denton. The contract will remain in effect until terminated by either party. This Agreement will allow the City of Arlington to utilize contracts for goods and services competitively solicited by the City of Denton. The procurement process followed by the City of Denton meets all statutory procurement requirements. Upon approval of the Agreement, the City of Arlington contract for Microsoft Products and Services available through SHI Government Solutions/Austin, Texas. RECOMMENDATION Approve an Interlocal Cooperative Purchasing Program Agreement with the City of Arlington. PRINCIPAL PLACE OF BUSINESS City of Arlington Arlington, TX ESTIMATED SCHEDULE OF PROJECT This Agreement is effective upon approval by the City of Denton and will remain in effect until terminated by either party. Agenda Information Sheet June 18, 2013 Page 2 FISCAL INFORMATION This agreement allows the City of Denton to recoup procurement costs associated with the contract acquisition and contract management equal to 0.5% from participating government entities. The estimated fee to the City of Denton for this purchase is $11,125. EXHIBIT Exhibit: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5282 ORDINANCE NO. ___________ CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF ARLINGTON, TEXAS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 5282-INTERLOCAL AGREEMENT WITH THE CITY OF ARLINGTON). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the City of Arlington under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5282 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 2-ORD-File 5282 ConsentAgendaL AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Betty Williams 349-8302 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving a one (1) year contract with two (2) one-year options to renew, for the Legislative Management Suite Agenda Workflow Solution for the City of Denton in addition to the Government Transparency Solution and the Meeting Efficiency Suite, which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5277 awarded to Granicus, Inc. in the not to exceed amount of $171,081). FILE INFORMATION The current, semi-automated agenda preparation process is cumbersome, lacks timeliness, and is not conducive to inter-departmental collaboration. Because the collating and annotating of the agenda is a manual process that cannot be completed until all the agenda material is received, deadlines for submission of information are set for a week prior to the date the agenda must be disseminated. Many of the items and issues that staff deals with create difficulty in meeting these deadlines. An automated process will provide accountability as to the status of the item and a history of the actions taken on the item at any given time. This will greatly assist with communication flow and create a more efficient use of staff time and resources. The City currently has two Granicus software solutions to provide accessibility to public meeting proceedings. The City of Denton utilizes the Granicus Government Transparency Solution which gives citizens convenient access to live and archived streaming through ; allows the City Council and Planning and Zoning Commission agendas to be searchable on-line; and allows imported agendas and indexed videos which eliminate hours of work after a meeting. Along with the Government Transparency Solution, the City also integrated the Granicus Meeting Efficiency Suite which records motions, votes and notes; automates roll call; and captures notes and other data to create the minutes. These solutions have provided 24/7 accessibility to City Council meeting video, minutes, and back up on website and has assisted in automating the collection of data needed to create the official minutes of the meeting. The Granicus system is currently utilized by both the City Council and the Planning and Zoning Commission. Agenda Information Sheet June 18, 2013 Page 2 FILE INFORMATION In order to ensure compatibility with the existing Granicus public meeting software, the City of Denton is now recommending the purchase of the Granicus Legislative Management Suite software solution for agenda preparation. The Legislative Management Suite was demonstrated to and reviewed by staff members who provide input to the agenda process on a regular basis. The entire review group overwhelmingly endorsed the use of the product and encouraged the implementation of the software that would work seamlessly with the Solutions already in place. Chapter 252.022 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 (Exhibit 1). The Legislative Management Solution will integrate agenda item management, meeting agendas, and meeting minutes. The Solution will provide a legislative portal for our citizens along with a sophisticated search function and a valuable document management tool. The Solution also allows for unlimited users and records which will allow the City to utilize the preparation tool for all of its Boards, Commissions, and Committees in the future. Because of the success of the Granicus Government Transparency and Meeting Efficiency Solutions and the complexity of the agenda preparation process, the use of the Granicus Legislative Management tool provides the best solution and most viable option for the City. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The City Council approved the integration of the Granicus Government Transparency Solution software and the Granicus Meeting Efficiency Suite on June 16, 2009 as part of the electronic upgrade to the City Council Chamber and Council Work Session Room. RECOMMENDATION Staff recommends the award of a one (1) year contract with two (2) one-year options to renew, for the Legislative Management Suite Agenda Workflow Solution for the City of Denton in addition to the Government Transparency Solution and the Meeting Efficiency Suite in the not- to-exceed amount of $171,081. This amount includes the integration of the Legislative Management Suite and also the estimated three year cost for the two existing Granicus Solutions (Exhibit 2). PRINCIPAL PLACE OF BUSINESS Granicus, Inc. San Francisco, CA Agenda Information Sheet June 18, 2013 Page 3 ESTIMATED SCHEDULE OF PROJECT The Legislative Management Suite contract will be for one (1) year with two (2) one-year options to renew. FISCAL INFORMATION The Granicus Meeting Efficiency Suite at a cost of $29,127 annually ($87,381 for three years) will be funded from Public Communications Office operating account 106001.6332. The Granicus Government Transparency Solution at a cost of $5,400 annually ($16,200 for three years) will be funded from the Public Access, Education and Government (PEG) account 212002.6506. The Granicus Legislative Management one-time cost of $31,500 will be funded account number 103001.8545. The annual cost of $14,400 ($32,000 for three years with a 50% discount for Year One Office operating account 103001.8545. Requisition#113495 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Sole Source Letter/Proposal Exhibit 2: Itemization of Granicus Software Solutions Costs Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5277 Exhibit 2 D© z-Ò [;mz ·zÝ; a m;;· {E·Þ ©; One Time Cost $31,500 Monthly cost/$1,200 Year One* $ 7,200 Year Two $14,400 Year Three $14,400 Total $67,500 *50% per month reduction if purchased prior to June 30, 2013 D© z-Ò DÝ;©;· © ¦ ©;-ä {Ò·z (Implemented 2009) Annual Cost/$5,400** Year One $ 5,400 Year Two $ 5,400 Year Three $ 5,400 Total $16,200 **3% discount if paid in lump sum D© z-Ò a;;·zm 9EEz-z;-ä {Òz·; (Implemented 2009) Annual Cost/$29,127*** Year One $29,127 Year Two $29,127 Year Three $29,127 Total $87,381 ***3% discount if paid in lump sum /,z;7 · D© z-Ò Year One $73,227 Year Two $48,927 Year Three $48,927 Total $171,081 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING A ONE (1) YEAR CONTRACT WITH TWO (2) ONE- YEAR OPTIONS TO RENEW, FOR THE LEGISLATIVE MANAGEMENT SUITE AGENDA WORKFLOW SOLUTION FOR THE CITY OF DENTON IN ADDITION TO THE GOVERNMENT TRANSPARENCY SOLUTION AND THE MEETING EFFICIENCY SUITE, WHICH ARE AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5277 AWARDED TO GRANICUS, INC. IN THE NOT TO EXCEED AMOUNT OF $171,081). 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; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 5277 Granicus, Inc. $171,081 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only 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; and need not be submitted to competitive bids. SECTION 3. 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 4. 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 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5277 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _______________ 4-ORD-File 5277 IndividualItemA IndividualItemB AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013 Questions concerning this acquisition may be directed to DEPARTMENT: Materials Management Captain Scott Fletcher 349-7939 or Herman Lawson 349-7755 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of the Linda McNatt Animal Care and Adoption Center; providing for the expenditure of funds therefor; and providing an effective date (RFP 5253-awarded to Schmoldt Construction, Inc. in the amount of $4,280,072). BACKGROUND The Linda McNatt Animal Care and Adoption Center is designed as an 18,156 square foot animal shelter that will be located at 3717 North Elm Street. The facility, a result of the unique public-private partnership between the City of Denton and the Denton Animal Shelter Foundation, will provide a substantial increase in both the holding capacity and the available services that can be offered to stray and abandoned animals in the City of Denton. As a LEED commitment to energy efficiency and sustainability. On May 9, 2013 the City issued a request for proposal (RFP 5253) soliciting proposals for general contracting services for the facility. Submissions under this RFP were due no later than June 6, 2013. Evaluation of individual submissions was based on the following scoring criteria: a)Project Schedule (10%) Ability to timely start and complete project. This includes the schedule to complete project and may include ability to meet required milestones of completion. b)Experience with LEED Certified Facilities (10%) c)Indicators of Probable Performance under contract (20%) Indicators of probable performance under contract to include: past vendor performance, financial resources and ability to perform, experience or demonstrated capability and maintenance agreements and support. d)Price, Total Cost of Ownership (60%) The price of the items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions. Agenda Information Sheet June 18, 2013 Page 2 A selection committee was established to evaluate submitted proposals using the stated criteria. The committee consisted of three (3) voting members and two (2) ex-officio members: 1.Project Coordinator Herman Lawson Facilities Management 2.Captain Scott Fletcher Denton Police Department 3.Larry Connolly Connolly Architects and Consultants 4.Chief Lee Howell Denton Police Department (ex-officio) 5.Mr. Wayne Friesner (ex-officio) The committee reviewed the submitted proposals and held an initial evaluation meeting on June 10, 2013. During this meeting, each submitted proposal was scored using the selection criteria. The evaluation scores, ranking, and price tabulation are shown in Exhibit 1. The proposals were ranked, as indicated below, and the top two (2) respondents were selected for an interview with the committee. 1.Schmoldt Construction Celina, TX 2.Mart Inc. Irving, TX 3.Imperial Construction Weatherford, TX 4.JC Commercial Lewisville, TX 5.Lemco Construction Addison, TX 6.Journeyman Construction Dallas, TX 7.Ratliff Construction Addison, TX 8.UCS Group LLC Dallas, TX 9.MDI Coppell, TX 10.Mega Contractors Austin, TX Secondary interviews were conducted on June 12, 2013. Prior to the interviews, each respondent was provided a list of questions from the committee to prepare in advance. Both respondents were scored again by the committee following the interviews. The evaluation scores, ranking, and price tabulation are shown in Exhibit 2. The final rankings are summarized in the chart below. Vendor Price Price Project LEED Indicators of Total Score Schedule Experience Performance Score (60%)(10%)(10%)(20%) Schmoldt $4,322,270 58.60 10 10 20 98.60 Mart $4,179,500 60.00 8.3 6.6 20 94.90 Construction (Schmoldt) as the best value respondent, the City requested a Best and Final Offer (BAFO) from Schmoldt for the McNatt project. Schmoldt offered a final construction price of $4,280,072 for the project Agenda Information Sheet June 18, 2013 Page 3 (Exhibit 3). In addition, Schmoldt has offered an additional one percent (1%) discount for payment of invoices within 20 days. This potential reduction could lower the construction contract cost to $4,237,271. While Schmoldt did not offer the lowest overall price, the selection committee felt that the price difference was sufficiently offset by their construction delivery schedule and their experience with LEED projects. The 285 calendar day delivery schedule proposed by Schmoldt was 40 days better than Mart, and offered a projected facility opening of mid April 2014. During the interviews, Schmoldt provided good examples of their experience with specific LEED projects and demonstrated a superior ability to manage the LEED components of this project. The evaluation committee felt that submission from Schmoldt offered the best overall value for the construction of the Linda McNatt Animal Care and Adoption Facility OPTIONS 1.Council can direct staff to proceed with the awarding of a public works contract as recommended. 2.Council can direct staff to reject the competitive proposals. RECOMMENDATION Staff recommends the selection of Schmoldt Construction for the Linda McNatt Animal Care and Adoption Center (RFP- 5253) PRIOR ACTION/REVIEW 12/13/05 Council Work Session on Animal Shelter Feasibility Study. 02/14/06 Council Work Session on Denton Animal Shelter Foundation. 08/07/07 Council Work Session on Denton Animal Shelter Foundation Agreement. 12/01/08 Council Work Session on Animal Care and Adoption Center Master Plan. 11/02/10 Council Work Session on Animal Care and Adoption Center Master Plan Revisions. 07/12/11 Council Work Session on Animal Shelter Construction Planning Process. 01/10/12 Council Meeting on Professional Services Agreement with Connolly Architects. 11/05/12 Council Committee on the Environment Meeting on LEED Certification. 11/13/12 Council Meeting on LEED Amendment to Architect Contract. 04/02/13 Council Work Session on Funding Options for the Linda McNatt ACAC. PRINCIPAL PLACE OF BUSINESS Schmoldt Construction Celina, TX 75009 Agenda Information Sheet June 18, 2013 Page 4 ESTIMATED SCHEDULE OF PROJECT July 1, 2013 April 15, 2014 FISCAL IMPACT Funding for the construction of this project includes 2013 Certificates of Obligation and $1,271,200 in funds donated through the Denton Animal Shelter Foundation (DASF). DASF will present a check in this amount to the City during the June 18, 2013 Work Session meeting. Additional funds for the furniture, fixtures and equipment may be forthcoming from DASF. During the April 2, 2013 Work Session on funding issues for the McNatt project, staff presented an estimated construction cost of $5,048,980 for the facility. The recommended bid from Schmoldt is $4,280,072 and that translates to a project cost reduction of $768,908 when compared to the original construction estimates. EXHIBITS Exhibit 1: Initial Ranking Initial Evaluation Scores Initial Price Tabulation Exhibit 2: Finalists Ranking Finalists Evaluation Scores Finalists Price Tabulation Exhibit 3: Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-RFP 5253 Linda McNatt Animal Care and Adoption Center Exhibit 2 RFP 5253 - Evaluation Linda McNatt Animal Shelter June 10th, 2013 Initial Ranking/Score 94.902nd Mart Inc. - Irving, Texas 98.601st Schmoldt Construction - Celina, Texas In accordance with Texas Local Government Code 2267.155, the City will first attempt to negotitate with the highest ranked offerer, which may include scope, time modifications, or any price changes. If unable to negotiate a satisfactory contract with the highest ranked offeror, the City shall formally end negotiations with that offeror, and proceed to the next highest ranked offeror, until a contract is reached or all proposals are rejected. Exhibit 3 - Best and Final Offer Pricing RFP 5253 - The Linda McNatt Animal Care & Adoption Center Constr * Each respondent must state its proposed costs under the contra w; ©;¦7;· w -¦;·; ·w; EÞzm ;-·zr Þwz-w 7z©;- -©©;¦7 · {;-·z LLL {-¦; E {;©Ýz-;r 7 {;-·z Lr t ä;· 7 t;©E© -; w;¨Òz©;;·u w; -·© -·© w · ; -w m; · ·wz E© ·u DESCRIPTIONOriginal SubmissionRevised Pricing 6.12.13Best and Final Offer TOTAL PRICE FOR THE CONSTRUCTION OF THE LINDA $4,100,000.00 $4,277,000.00 $4,234,230.00 McNATT ANIMAL CARE AND ADOPTION CENTER: TOTAL PRICE FOR THE PERFORMANCE AND PAYMENT $35,700.00 $45,270.00 $45,842.00 BONDS: TOTAL PRICE FOR CONSTRUCTION AND BONDING $4,135,700.00 $4,322,270.00 $4,280,072.00 REQUIREMENTS CONSTRUCTION OF THE FACILITY IS EXPECTED TO BE COMPLETED ON OR BEFORE December 31, 2013. If this date 260 days or 285 days or 285 days or cannot be met, please insert the date that your firm can _April_,_1__,2014_April_,_15__,2014_April_,_15__,2014 complete the project. ARE THERE ANY EXCEPTIONS TO THE SPECIFICATIONS?NoneNoneNone IF THERE ARE EXCEPTIONS TO THE SPECIFICATIONS, EXPLAIN ALL SUCH EXCEPTIONS (ATTACH ADDITIONAL PAGES IF NECESSARY). N/AN/AN/A Payment Term Discounts Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice Payment Terms 1%1%1% Invoice Paid in 20 days Invoice Paid in 15 days 1%1%1% Invoice Paid in 10 days 1%1%1% ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LINDA MCNATT ANIMAL CARE AND ADOPTION CENTER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5253-AWARDED TO SCHMOLDT CONSTRUCTION, INC. IN THE AMOUNT OF $4,280,072). 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 proposals for the construction of public works or improvements, as described in the "Request for 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: RFP NUMBER CONTRACTOR AMOUNT 5253 Schmoldt Construction, Inc. $4,280,072 SECTION 2. The acceptance and approval of the above competitive proposals shall not constitute a contract between the City and the person submitting the proposal 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 Request for Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 5253 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, and upon receipt of full funding, 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 5-ORD-RFP 5253 PublicHearingA AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECTDenton Bible (CA13-0001) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a Comprehensive Plan Amendment from Existing Land Use Future Land Use Designation to Community Mixed Future Land Use Designation on approximately 42.611 acres of land. The subject property is generally located west of Nottingham Drive, north of Mingo Road, and south of University Drive (US 380); within 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. (CA13-0001) The Planning and Zoning Commission recommended approval of this request (5-0). BACKGROUND Denton Bible Church is proposing a Comprehensive Plan amendment on the East Campus site to facilitate rezoning of the property from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 3 (NR-3) to Community Mixed Use General (CM-G). One of the criteria for approval of a rezoning request is that the new zoning district shall be consistent with its underlying future land use designation in the adopted Comprehensive Plan (the Denton Plan). Currently, the per the Denton Plan, encompasses the Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 3 (NR-3) zoning district. However, the Community Mixed Use General (CM-G) zoning district is in the Community Mixed Use Centers future land use category. Therefore, a change in the future land use designation from Existing future land use to Community Mixed Use Centers future land use is required. In conjunction with this application, the applicant is proposing to rezone the western portion (See Exhibit 9) of the site from Neighborhood Residential 3 (NR-3) to Neighborhood Residential Mixed Use (NRMU) zoning district. However, rezoning from NR-3 to NRMU does not require an amendment to the Comprehensive Plan and Future Land Use Map. Both the NR-3 and NRMU zoning districts are in the same future land use category, which is Neighborhood Centers. According to the applicant, the purpose of the proposed rezoning is to facilitate both present and future use of the property for church and other accessory uses. Information provided by the applicant on the list of existing use and proposed future use of the property is shown in Exhibit 9 and 10 of this report. Per Section 35.23.2 of the Denton Development Code (DDC), most of the listed uses of the property can be categorized as part of a church but any planned or proposed use must be in accordance with the DDC. Agenda Information Sheet June 18, 2013 Page 2 The applicant is requesting this rezoning to offer flexibility to the organization in situations where the Church may allow another entity, unrelated to Denton Bible Church, to conduct activities on the site. The applicant maintains that it is the goal of Denton Bible Church to be of assistance to nongovernmental organizations in the community in the use of the Church facilities and campus when the need arises. Therefore, to avoid ambiguity and discretionary interpretation of classification of functions of a church, it is imperative they rezone the property to a zoning district that allows the lists of uses shown in Exhibit 10, even if, uses conducted on site is managed by another organization and unassociated with the Church. According to the applicant, the Denton Bible Church does not intend to sell any of the property to another organization. Section 35.23.2 of the DDC, permits operation of accessory uses to a church regardless of whether such activities is owned, operated, managed, supported, or endorsed by, or otherwise affiliated with, any religious organization, mission or belief, and regardless of whether any religious message, teachings, celebrations, ceremonies, rituals, rites, worship or content are provided in conjunction with such uses. Although this Section of the DDC broadly allows accessory uses with a church, as stated, it is the goal of the applicant to avoid any future misunderstanding that could arise due to functions that may be indirectly related to activities of the church. To avoid such situation, the applicant is requesting this comprehensive plan amendment to facilitate rezoning of the property to a zoning district that allows current and proposed uses of the property by-right even if any future use of the property is not directly managed by the church. Designation of the property from Existing Land Use to Community Mixed Use Centers to conduct functions associated with a church complies with intent of the Denton Plan. Per the Plan, Community Mixed-Use Centers are to provide places for institutional uses such as large places of worship. In this case, the population of the church, based on church attendance of over four thousand residents during Sunday services alone (See Exhibit 11), conforms to the intent of Community Mixed Use Centers. The subject area (the portion east of Nottingham Drive-See Exhibit 5) was rezoned in 2002 from Neighborhood Residential 3 (NR-3) to Neighborhood Residential Mixed Use (NRMU) zoning district. Prior to this rezoning, the property was designated as multi-family dwelling district 2 (MF-2). Per the DDC and the 1991 City of Denton Zoning Ordinance, church uses were permitted by-right in both NR-3 and MF-2 zoning district. The western portion of the site is currently zoned Neighborhood Residential 3 (NR-3). This portion was rezoned from One Family Dwelling District (SF-7) to NR-3 during the city-wide rezoning in 2002. The applicant held one neighborhood meeting on March 7, 2013, to discuss this comprehensive plan amendment request with property owners and residents of the surrounding property. Only four residents attended this meeting. These residents expressed interest to work with Denton Bible to ensure safety of their neighborhood as some functions of the Denton Bible Church may involve people recovering from substance abuse. Overall, there were no major concerns expressed with this comprehensive plan amendment request. In addition to the neighborhood meetings, fourteen (14) public notices were sent to residents within 200 feet and one hundred and fifty- three (153) to those within 500 feet of the site (Exhibit 7). Agenda Information Sheet June 18, 2013 Page 3 As of this writing, staff has received one (1) response in favor to the Notice of Public Hearing from property owners within 200 feet boundary area. In addition, staff has received two (2) responses in favor, and two (2) neutral to the Notice of Public Hearing from property owners within 500 feet of the site (See Exhibit 7). PRIOR ACTION/REVIEW At the May 22, 2013 meeting, the Planning and Zoning Commission recommended approval (5-0). OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Denial. 4.Postpone consideration. 5.Table item. RECOMMENDATION APPROVAL The Planning and Zoning Commission recommends of this Comprehensive Plan amendment request (5-0). APPROVAL The Development Review Committee recommends of this Comprehensive plan amendment request. EXHIBITS 1. 2.Site Location/Aerial Map 3.Existing Future Land Use Map 4.Proposed Future Land Use Map 5.Zoning Map 6.Survey 7.Notification Map 8.Notice of Public Hearing Responses Letter From Applicant 9. 10.List of Existing and Proposed Future Uses Agenda Information Sheet June 18, 2013 Page 4 11.Information on Serving Population 12.Site Photos 13.Planning and Zoning Commission, May 22, 2013 Meeting Minutes 14.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development Division Director Prepared by: Nana Appiah, AICP Senior Planner Exhibit 1-Staff’s Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: May 22, 2013 TYPE: Comprehensive Plan Amend. CC Date: June 18, 2013 PROJECT #:CA13-0001 Project Number: CA13-0001 Request: Comprehensive Plan Amendment from Existing Land Use to Community Mixed Use Centers Future Land Use on approximately 42.611 acres of land. Applicant: Allison Engineering Group 4401 North I-35, Suite 102 Denton, TX 76208 Property Owner: Denton Bible Church 2300 East University Drive Denton, TX 76209 Location: The subject property is generally located east of Nottingham Drive, north of Mingo Road, and south of University Drive (US 380). Size: 42.611 acres Zoning Designation: Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 3 (NR-3) Future Land Use: Existing Land Use Case Planner: Nana Appiah, AICP DRC Recommendation: APPROVAL The Development Review Committee recommends of this request. Summary of Analysis: This request is a Comprehensive Plan amendment to change 42.611-acre property from “Existing” future land use to Community Mixed Use Centers. Currently, the property is developed as a church. No proposed changes of uses are anticipated with this request. However, the applicant has plans to include other accessories uses that are permitted with a church. Per the Denton Plan, focus areas of a “Community Mixed Use Centers” future land use areas contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Community Activity Center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high-to moderate density housing, and perhaps an elementary or middle school. Community Mixed Use Center includes vertically integrated uses where different uses may occur on each of the building. Current use of the property conforms with the intent of Community Mixed Use Centers. Beside large volume of attendance during Sunday services of residents both from Denton and the surrounding community, the church also provides various community activities and functions to residents of Denton and surrounding communities. Services provided by the church support institutional needs of the community such as place of worship and institutional activities. Such provision of services conforms to the purpose of the Community Mixed Use Centers. Designation of the property to Community Mixed Use Centers will not create an isolated future land use district. Besides community and regional nature of services already provided by the church on site, the property located north of the subject site is designated as Community Mixed Use Centers. The proposed request will be an extension of Community Mixed Use Centers future land use of the property to north. The property to the immediate east is designated as “Existing” future land use and is used for multi-family dwellings. Property located farther east of the site is designated as Employment Centers. The property to the south is designated as “Existing’ land use and it is undeveloped. A rail track separates the southern property from this subject property. The property to the west is also designated as “Existing’ future land use. However, the Denton Bible Church owns this property and already conducts various institutional functions on the site. Water, sewer, and transportation demands have been evaluated by the Development Review Committee and determined available services to the site to be adequate. Fire Protection Service to the site has also been evaluated, the City of Denton Fire Station #4 services this area. Findings of Fact 1.The request is for a Comprehensive Plan Amendment from Existing Future Land Use to Community Mixed Use Center Land Use on approximate 42.611 acres. 2.The Future Land Use Designation on the property was adopted during the 2002 City wide Designation. 3.The property is currently developed as a church. According to information provided by the applicant, there are multiple accessory uses associated with the church and related activities currently conducted on the site. This request for Comprehensive Plan Amendment is to maintain the existing uses and allow future expansion of uses on the site. 4. Per the Denton Plan, the focus area of “Community Mixed Use Centers” Future Land Use areas contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. A community Activity Center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high-to moderate density housing, and perhaps an elementary or middle school. 5.The request for Community Mixed Use Center Future Land Use designation conforms to the current and the lists of anticipated future uses of the property provided in Exhibit 9 of this staff report. 6.According to the City’s Geographic information system, the site is not located in any Environmentally Sensitive Area (ESA). 7.Surrounding Future Land Use areas include Community Mixed Use Centers to the north, Neighborhood Centers to the south, Employment Centers to the east, and Existing land Use to the west. 8.The subject site is not located within any special overlay districts or areas. 9.There are no planned public improvements for potable water, sanitary sewer, and drainage or transportation facilities serving the subject site beyond existing facilities. 10.There is not sufficient available capacity in the water and sewer systems to accommodate the projected demands associated with “highest and best use” for this zoning designation. However, there is sufficient capacity to serve the proposed land use associated with this project. 11.Water is available to the portion of the site west of the main Sanctuary Building by extending an 8-inch main from the existing 16-inch main along University Drive southward along Nottingham Drive approximately 700 feet to the existing 8-inch main. Water is available to the remainder of the site from the existing 8-inch loop within the site. 12.Sewer is available to the portion of the site west of the existing Sanctuary Building via existing 10-inch gravity main that passes beside the Calvary Preparatory Academy west of Nottingham Drive. Applicant may use a low pressure collection system consisting of grinder pumps and a force main to connect to this gravity main. Sewer is available to the remainder of the site via the existing 8-inch gravity mains south of the existing building. 13.Anticipated storm water demand is approximately 328 cubic feet per second (CFS). On- site detention is required upon development. 14.The site has access onto Nottingham and University Drive (US Hwy 380). University Drive is classified as primary major arterial. Nottingham Drive is classified as secondary major arterial street. . 15.Anticipated transportation demand is 2,617 vehicle trips per day 16.According to the City of Denton Fire Department, this property is served by the City’s Fire Station #4, located at 2110 E. Sherman Drive. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development IS CONSISTENT Review Committee finds that the request with the existing land uses and IS CONSISTENTIS CONSISTENT general character of the area, with the Denton Plan, and with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL ofthis comprehensive plan amendment request. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Section 35.3.3.B.2, Approval Criteria: The application shall address the impact of the proposed change on the following: a. The Goals and Objectives of the Denton Plan; Per the Denton Plan Community Mixed Use Centers future land use are to provide shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high-to moderate density housing, and perhaps an elementary or middle school. The subject site is an existing church with multiple uses such as a school, meeting facilities, offices, and place of worship. Use of this property as a large place of worship and its associated auxiliary uses fulfill the intent of the Community Mixed Use Centers future land use district. b. The Future Land Use element of the Denton Plan; The land use designation amendment does not have an adverse impact on the Future Land Use Element of the Denton Plan. Designating the property as Community Mixed Use Center Future Land Use is consistent with the existing development of the site. c. The balance of land uses in the City; Currently there is a total of 1,674.818 acres of “Community Mixed Use Centers” in the City. Although the request will increase this future land use designation, majority of the property is already developed and is being used for community activities. This proposed comprehensive plan amendment will not adversely affect designations of land uses in the city. d. Adequate Public Facility elements of the Denton Plan and how the proposed change will affect the provision of the services anticipated in the Denton Plan; The applicant has indicated intention to expand development on the site. The DRC has evaluated the request and determined that existing infrastructure facilities are able to support the use of the property. In addition, each proposed future expansion shall be evaluated by the DRC during site plan and plat review. Section 35.3.3.B.3, Further Approval Criteria: a. The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations; The property to the north of the subject site is designated as Community Mixed Use Centers. The southern property is designated as Neighborhood Centers. The eastern property to the site is designated as Employment Centers. Western property to the site is designated as Existing future land use. Use of the property will not substantially change from its current use; and therefore, will not impact surrounding property beyond current activities conducted on the site. In addition, the property to the south is vacant and is unlikely to be affected by uses that may be developed by the church. b. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed land use district will be an extension of Community Mixed Use Centers located north of the property. Although the property to the east and south are designated as “Existing” future land use and Neighborhood Centers respectively, the current use of the property inhibits all the characteristics of a Community Mixed Use Centers. Therefore, the proposed district will not create an isolated district that could promote development of incompatible uses in the surrounding community. c. The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience and other public requirements; The map amendment may cause an increase in non residential uses on the property. However, most of the property is currently being use for institutional uses. According to the list of possible future uses provided by the applicant to staff, Denton Bible intends to expand use of the facilities. Although the map amendment may provide options for other non residential development, the Development Review Committee shall evaluate each proposed development during site planning review stage to ensure there are adequate public facilities to support the development. d. The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures; It is indicated through the information provided by staff that the existing public facilities servicing the subject site are adequate. The proposed comprehensive plan amendment will not impact schools related to generating school age children or other public safety measures beyond current demand. In addition, there is an elementary school located on the western portion of the property that does not require a map amendment because of its current land use designation (NR-3). e. The possible impact on the environment, including but not limited to drainage, soil erosion and sedimentation, flooding, air quality and water quantity; Again, majority of the site is developed. Any future development or redevelopment of the site shall be required to conform to all City of Denton regulations. f. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Map; and The subject site has a future land use designation of “Existing” land use and a zoning designation of Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed Use (NRMU). The property is currently developed as a church. Per Section 35.5.2.1 of the DDC, churches are permitted in both the NR-3 and NRMU zoning district. This request is not influenced by inability to use the property with its existing zoning or future land use map. However, the applicant has indicated intention to expand on-site services to the community. Some of the proposed future operations may not directly be managed by the church. Therefore, to avoid any ambiguity of the use of the property as a church and related functions, a rezoning of the property to a district that allow the “possible” future uses by-right is necessary. Hence, this request to rezone the property and amendment to the future land use map. g. The action shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. Granting this request will not alter the character of the district and surrounding property. The property is currently being used as a church with multiple auxiliary activities associated with operations of a large church. The use of the property for support functions will continue. According to the applicant, the church has no intentions of selling or using the property for any activity beyond a place of worship and other accessory services associated with a large church. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: NR-3; Institutional/Residential CM-G; Vacant/Commercial CM-G; Vacant West:Subject Property: East: NR-3; Institutional NRMU; Institutional NRMU; Residential (Multi-family) Southwest: South: Southeast: NR-2 and NRMU; Vacant NR-2; Vacant NRMU-12; Vacant Source: City of Denton Geographical Information System and site visit by City staff Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies The subject site is within the “Existing” Land Use future land use category which includes existing residential uses and new infill compatibility. New development should respond to existing development with compatible land uses patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service and commercial land uses is allowed. “ The purpose of the Community Mixed Use Centers is to provide the necessary shopping, services, recreation, employment and institutional facilities that are required and .” supported by the surrounding communityCommunity Mixed-Use Activity Centers are proposed to accommodate shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. A community activity center could contain uses such as a supermarket, drug store, specialty shop, service stations, one or more large places of worship, community park, midsize offices, high to moderate density housing and even elementary and middle schools. The property is currently utilized as a large place of worship. In addition, there property is used to provide community services to residents both within and outside the community. The use of the property conforms to the intent of Community Mixed Use Centers. Thus, the property aligns with the goals and objective of the Denton Plan for Community Mixed Use Centers future land use. B.Land use analysis The NRMU zoning district is within the Neighborhood Residential group of zoning districts whose intent is to preserve and protect existing neighborhoods to ensure that any new development is compatible with the existing land uses, patterns and design standards. This district has seven zoning districts within its land use category. These include Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12) and Neighborhood Residential Mixed Use (NRMU). If a comprehensive plan amendment were approved for the subject site, a rezoning to a compatible zoning district would also be required. The applicant has already applied to rezone the subject property to Community Mixed Use General (CM-G). The purpose of this comprehensive plan amendment is to allow rezoning of the property from NRMU to CM-G. Community Mixed Use General (CM-G) is one of the zoning districts allowed within Neighborhood Mixed Use Centers. Per the DDC, the purpose of Neighborhood Centers is to provide the necessary shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Per the information provided by the applicant showing Sunday church attendance, the surrounding community adequately supports the use of the property. C.Future Land Use Allocation/Current Zoning District Allocation Subject Property Future land Use/Zoning allocation Change Based Upon 42.611 ± acres Current Allocation in the City Proposed Allocation Request Existing Land Use 11,513.40 11,470.78 42.61 Community Mixed 1,674.818 1717.428 42.61 Use Center Source: City of Denton Nearest Fire, and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMS Fire Station #4 >2 miles Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 42.6110 ± acres Proposed Demand or No) Maximum FAR (CM- (1.5)(1.5) G) Potable Water 539 (peak)Yes Consumption (GPM) Wastewater Generation 458 (peak)Yes (GPM) B. Available Capacity: There is not sufficient available capacity in the water and sewer systems to accommodate the projected demands associated with “highest and best use” for this zoning designation. However, there is sufficient capacity to serve the proposed land use associated with this project. Water is available to the portion of the site west of the existing main Sanctuary Building by extending an 8-inch main from the existing 16-inch main along University Drive southward along Nottingham Drive approximately 700 feet to the existing 8-inch main. Water is available to the remainder of the site from the existing 8-inch loop within the site. Sewer is available to the portion of the site west of the existing main Sanctuary Building via the existing 10-inch gravity main that passes beside the Calvary Preparatory Academy west of Nottingham Drive. Applicant may use a low pressure collection system consisting of grinder pumps and a force main to connect to this gravity main. Sewer is available to the remainder of the site via the existing 8-inch gravity mains south of the existing building. C. CIP Planned Improvements: There are no planned public improvements for portable water, sanitary sewer, and drainage or transportation facilities serving the subject site beyond existing facilities. Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 42.611 ± acres Proposed Demand or No) Maximum FAR 1.5 Yes (CM-G) Average Annual 2,617 Yes Daily Trips (AADT) PM Peak Hour Trips 262 Yes B. Available Capacity: Nottingham Drive is a City of Denton roadway and has the capacity to accommodate this development. University Drive is a TXDOT roadway and has the capacity to accommodate this existing development. C. Roadway Conditions: Both Nottingham Drive and University Drive are classified as improved streets and are able to accommodate the existing development. D. CIP Planned Improvements: There are no CIP improvements planned. University Drive is a TXDOT right-of-way. Environmental Conditions: A. Surface Water: There is no surface water on site. B. Environmentally Sensitive Areas: The property is not in an Environmentally Sensitive Area. Wells (Public/Private): There are no wells, public or private on site. Any future development would be served by City potable water. Airports: The subject site is not located within the Denton Municipal Airport’s ACLUD zones. Electric: No comment. Comments from other Departments: None. Exhibit 2 Site Location/Aerial Map Site N Exhibit 3 Existing Future Land Use Map Subject Site N Exhibit 4 Proposed Future Land Use Map Subject Site Subject Site N Exhibit 5 Zoning Map Subject Site N Exhibit 6 Survey Exhibit 7 Notification Map Public Notification Date: 4/24/13 200’ Legal Notices sent: 14 500’ Courtesy Notices sent: 153 Number of responses to 200’ Legal Notice, and 500’ Courtesy Notices: In Opposition: 0 In Favor: 3 Neutral: 2 Exhibit 8 Notice of Public Hearing Responses Exhibit 9 Letter from Applicant Exhibit 10 List of Existing and Proposed Future Uses Exhibit 11 Information on Serving Population Exhibit 12 Site Photos Looking north from property Looking south toward Property Looking South From Property Looking south from subject property Looking east from subject property Exhibit13 PlanningandZoningCommission,May22,2013MeetingMinutes B.Hold a public hearing and consider making a recommendation to City Council regarding a Comprehensive Plan Amendment from Existing Land Use to Community Mixed Use Centers Future Land Use on approximately 42.611 acres of land. The subject property is generally located west of Nottingham Drive, north of Mingo Road, and south of University Drive (US 380). (CA13-0001, Denton Bible, Nana Appiah) This item was continued from the May 8, 2013 Planning and Zoning Commission meeting. 1 th 2Lockley introduced this item; this item was originally scheduled for the May 8 meeting. Appiah 3stated this request is for a Comprehensive Plan Amendment from Existing Land Use to 4Community Mixed Use Centers on approximately 41.4112 acres of land. The property is 5currently zoned at Neighborhood Residential Mixed Use and Neighborhood Residential-3. Staff 6sent 14 Public Hearing notices to property owners within 200 feet of the subject site and 153 7courtesy notices to property owners within 500 feet of the subject site. At this time staff has 8received one response in favor of this request. Appiah stated staff recommends approval of this 9request. 10 11Taylor stated there is inconsistency on the agenda and staff backup; one stated 42.6 acres of land 12and the other stated 41.1. Leal stated staff needs to confirm which one is accurate. Appiah stated 13it is actually 41.4112; what was advertised was higher than what is listed. Leal stated as long as 14what is on the provided map indicates what is proposed and what isn’t than it is okay. Taylor 15questioned if the northern corner lot is already owned by Denton Bible Church. Reece opened 16the Public Hearing. 17 18Lee Allison, Allison Engineering Group, 4401 North I-35, Denton, Texas 19 20Allison stated the green region on the map is under contract with Denton Bible Church pending 21approval of the contracts. Allison stated the northwest corner of the West Campus the existing 22building is over 30,000 square feet; with the current zoning the building cannot exceed 25,000 23square feet. Allison stated the structure will not be used for office space to serve Denton; it 24would be office space for church use; there is no intent to build buildings over the 25,000 square 25feet restriction. There was no further discussion; Reece closed the Public Hearing. 26 27Commissioner Frank Conner motioned, Commissioner Devin Taylor seconded to approve this 28item. Motion approved (5-0). 29 C.Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 3 (NR-3) to Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use (NRMU) zoning districts on approximately 58.289 acres. The subject property is generally located east and west of Nottingham Drive, north of Mingo Road, and south of University Drive (US 380). (Z13-0001, Denton Bible Church, Nana Appiah) This item was continued from the May 8, 2013 Planning and Zoning Commission meeting. 30 31Lockley introduced this item; Appiah stated this is the zoning follow up to the Comprehensive 32Plan Amendment that was just heard. Appiah stated this request is to rezone the subject site from 4 Exhibit14 Ordinance PublicHearingB AGENDA INFORMATION SHEET AGENDA DATE: June 18, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECTDenton Bible Church (Z13-0001) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation on approximately 58.289 acres. The subject property is generally located east and west of Nottingham Drive, north of Mingo Road, and south of ; University Drive (US 380)and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (Z13-0001) The Planning and Zoning Commission recommended approval of this request (5-0). BACKGROUND The applicant (Denton Bible Church) is requesting to rezone their 42.611-acre East Campus from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential (NR-3) to Community Mixed Use General (CM-G). The request also includes rezoning of 15.7-acres of their West campus designated as Neighborhood Residential 3 (NR-3) to Neighborhood Residential Mixed Use (NRMU) zoning district. The purpose of this proposed rezoning is to facilitate both present and future use of the property for church and accessory uses. The applicant has provided information on the list of existing and proposed future uses of the property. This information is shown in Exhibit 10 of this report. Per Section 35.23.2 of the Denton Development Code (DDC), most of the uses of the property can be categorized as a church but any planned or proposed use must be in accordance with the DDC. However, the applicant is requesting this rezoning to offer flexibility to the organization in situations where the church may allow another entity unrelated to Denton Bible Church to conduct activities on the site. Denton Fire Department, University of North Texas (UNT), Denton and Master Gardeners, are some of the organizations that conduct events on the property. These events are not managed by the church. However purpose of the church to allow its facility to be used to serve residents of Denton and surrounding neighborhood. According to the applicant, it is the goal of Denton Bible Church and its organization to assist nongovernmental organizations in the community to use their facilities and campus when the need arises. Therefore, to avoid ambiguity and discretionary interpretation of classification of functions of a church, it is imperative they rezone the property to a zoning district that allows the list of uses even if the use is not managed directly by the church. According to the applicant, the church does not intend to sell any of the property to another organization. Agenda Information Sheet June 18, 2013 Page 2 Section 35.23.2 of the DDC, permits operation of accessory activities associated with a church regardless of whether such activities is owned, operated, managed, supported, or endorsed by, or otherwise affiliated with, any religious organization, mission or belief, and regardless of whether any religious message, teachings, celebrations, ceremonies, rituals, rites, worship or content are provided in conjunction with such uses. Although this Section of the DDC broadly allows accessory uses with a church, as stated, it is the goal of the applicant to avoid any future misunderstanding that could arise due to functions that may be indirectly related to activities of the church. To avoid such a situation, the applicant is requesting to rezone the western property to CM-G, and the eastern property to NRMU zoning district. These zoning districts allow the existing and proposed uses of the property by-right even if they are not directly managed by Denton Bible Church. The church also intends to develop a funeral home on the site. This facility is unlikely to be managed directly by Denton Bible Church. Community Mixed Use General is one of the two zoning districts within Community Mixed Use Centers future land use designation. Per the Denton Plan, future land use areas contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Community Activity Centers could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high-to moderate density housing, and perhaps an elementary or middle school. Community Mixed Use Center includes vertically integrated uses where different uses may occur on each of the building. Current use of the property conforms to the intent of Community Mixed Use Centers. Beside large volume of worship service attendance, the church also provides various community activities and functions to residents of Denton and surrounding areas. Services provided by the church support institutional needs of the community such as place of worship and a learning center. Such provision of services conforms to the purpose of the Community Mixed Use Centers. Therefore, rezoning the East Campus property from NRMU and NR-3 to CM-G conforms to the Denton Plan and Denton Development Code. In addition, part of this request entails rezoning West Campus consisting of 15.7- acres from Neighborhood Residential 3 (NR-3) to Neighborhood Residential Mixed Use (NRMU). The applicant initially requested this western area to be rezoned from NR-3 to CM-G as well. However, after staff evaluation of the request, staff recommended to the applicant a request to rezone this property to a less intense zoning district because of its proximity to established residential neighborhood located west of the site. Staff recommendation was based on the list of uses allowed in the CM-G zoning district that may be incompatible to the existing residential neighborhood. Although the applicant has provided a list of current and proposed future uses for the West Campus site (See Exhibit 10), the CM-G zoning district has land uses such as auto repair that are permitted by-right that is incompatible to residential zoning districts. Even though the applicant has indicated the church has no intention of selling the property or allowing incompatible uses to the adjacent residence, staff has to analyze and evaluate land uses for the possible changes in the future. Agenda Information Sheet June 18, 2013 Page 3 There is a building on this West Campus currently used as an office facility. The applicant has indicated an intention to expand the total square footage of this building. This office use is associated with operation of the church. Section 35.5.2.2. of the DDC limits office use to no more than 25,000 gross floor area. Use of a property as an accessory use to a church is not limited to this Section of the DDC. However, it is the request of the applicant to insert an advisory note in this report affirming that this limitation will not be applicable to expansion of the subject building, so long as its use is associated with the church. The proposed note is stated this report. Neighborhood Residential Mixed Use (NRMU) is one of the seven districts within Neighborhood Residential group of zoning districts. The intent of the Neighborhood Residential zoning district category is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. It is staff determination that rezoning of the West Campus (21.867-acres) property from NR-3 to NRMU will not change the character of the neighborhood or introduce uses incompatible with the surrounding neighborhood. Majority of the site is currently used for church functions and will continue to be used to offer accessory services to operation of this large church. The applicant held one neighborhood meetings on March 7, 2013, to discuss this rezoning request with property owners and residents of the surrounding property. Only four residents attended this meeting. These residents expressed interest in working with Denton Bible Church to ensure safety of their neighborhood as some functions of the church may involve people recovering from substance abuse. Overall, there were no major concerns expressed with this zoning request. In addition to the neighborhood meetings, fifty seven (57) public notices were sent to residents within 200 feet and one hundred and fifty- three (153) to those within 500 feet of the site (See Exhibit 7). As of this writing, staff has received one (1) response in favor to the Notice of Public Hearing from property owners within 200 feet boundary area. In addition, staff has received two (2) responses in opposition to the request from property owners within 500 feet of the site (See Exhibit 7 and 8). PRIOR ACTION/REVIEW May 22, 2013 - The Planning and Zoning Commission recommended approval (5-0). OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Denial. 4.Postpone consideration. 5.Table item. Agenda Information Sheet June 18, 2013 Page 4 RECOMMENDATION APPROVAL The Planning and Zoning Commission recommends of this rezoning request (5-0). APPROVAL The Development Review Committee recommends of this rezoning request. EXHIBITS 1.Analysis 2.Site Location/Aerial Map 3.Existing Land Use Map 4.Zoning Map 5.Proposed Zoning Map 6.Survey 7.Notification Map 8.Notice of Public Hearing Responses 9.Letter from Applicant 10.List of Existing and Proposed Uses 11.Information on Serving Population 12.Site Photos 13.Planning and Zoning Commission, May 22, 2013 Meeting Minutes 14.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development Division Director Prepared by: Nana Appiah, AICP Senior Planner Exhibit 1 Staff’s Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: May 18, 2013 TYPE: Rezoning CC Date: June 18, 2013 PROJECT #:Z13-0001 Project Number: Z13-0001 Request: Rezone approximately 35.222 acres from Neighborhood Residential Mixed Use (NRMU) to Community Mixed Use General (CM-G). The request also include rezoning of 7.1862-acre of land from Neighborhood Residential 3 (NR-3) to Community Mixed Use General (CM-G), and 15.7-acre of land from Neighborhood Residential 3 (NR-3) to Neighborhood Residential Mixed Use (NRMU) zoning district. Applicant: Denton Bible Church 2300 East University Drive Denton, TX 76209 Property Owner: Denton Bible Church 2300 East University Drive Denton, TX 76209 Location: The subject property is generally located east of Nottingham Drive, north of Mingo Road, and south of University Drive. Size: 58.289 acres. Zoning Designation: Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 3 (NR-3) Future Land Use: Existing Land Use Case Planner: Nana Appiah, AICP DRC Recommendation: APPROVAL The Development Review Committee recommends of this rezoning request. Summary of Analysis: This request is to rezone the East Campus consisting of 35.222-acre property from Neighborhood Residential Mixed Use (NRMU) and 7.1892-acre from Neighborhood Residential 3 (NR-3) zoning districts to Community Mixed Use General (CM-G) zoning district. Currently, the property is developed as a church. No proposed changes of uses are anticipated with this request. However, the applicant has plans to include other accessories uses that are permitted with a church. Community Mixed Use General is one of the two zoning districts within Community Mixed Use Centers zoning category. Per Section 35.5.4.1 of the DDC, the purpose of Community Mixed Use Centers is to provide the necessary shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. According to the applicant, the property is currently used as a church to provide worship services to the community. The church facility is also used as a place of meeting and conferences for nonprofit organizations such as the City of Denton Fire Service and other social organizations in the City and surrounding areas. Thus, this request to rezone the property to a Community Mixed Use General is in conformance with the purpose of the Community Mixed Use Centers future land use and zoning district. The request includes rezoning of 15.7-acres of land from Neighborhood Residential 3 (NR-3) to Neighborhood Residential Mixed Use (NRMU) zoning district. Neighborhood Residential Mixed Use (NRMU) zoning district is one of the seven zoning districts within Neighborhood Residential zoning category. Per Section 35.5.2.1 of the DDC, the purpose of Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that new development is compatible with existing land uses, and design standards. As stated, staff recommended this NRMU as an alternative to the applicant’s initial request to rezone the property from NR-3 to CM-G. The recommendation was premised on the intention to protect the existing neighborhood located west of the subject project from any incompatible uses. Although the applicant does not intent to change use of the property, it was staff determination that the CM-G zoning district has land uses that are permitted by-right in the district that is incompatible to residential uses and staff has to analyze and evaluate land uses for the possible changes in the future. It is staff determination that this rezoning request and use of the site for a church and accessory uses associated with it conform to the purpose of the Community Mixed Use General (CM-G) zoning district. The request to rezone a 15.7-acre of land from Neighborhood Residential 3 (NR- 3) to Neighborhood Residential Mixed Use (NRMU) also conforms to the intent and purpose of Neighborhood Residential Mixed Use (NRMU) zoning district. Water, sewer, and transportation demands have been evaluated by the Development Review Committee (DRC) and deem adequate to facilitate development of the site. Fire Protection Service to the site has also been evaluated, the City of Denton Fire Station #4 services this area. Findings-of-Fact 1.This request is to rezone the East Campus and West Campus properties from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 3 (NR-3) to Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use (NRMU) zoning district respectively on approximately 58.289. 2.The subject site is within the Existing Land Use future land use category which includes existing residential uses and new infill compatibility. New development should respond to existing development with compatible land uses patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service and commercial land uses is allowed. 1.The NRMU zoning district is within the Neighborhood Residential group of zoning districts whose intent is to preserve and protect existing neighborhoods to ensure that a new development is compatible with the existing land uses, patterns and design standards. This district has seven zoning districts within its land use category. These include Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12) and Neighborhood Residential Mixed Use (NRMU.) 3.Per the Denton Development Code and Plan, a Comprehensive Plan amendment is required prior to rezoning the property from NRMU to CM-G. No Comprehensive Plan amendment is required for the portion of the property to be rezone from NR-3 to NRMU. 4.Per the Denton Plan “Community Mixed Use Centers” future land use areas contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Community Activity Center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high-to moderate density housing, and perhaps an elementary or middle school. Community Mixed Use Center includes vertically integrated uses where different uses may occur on each of the building. 5.The subject property is currently developed as a church. There are multiple accessory uses conducted on the site. These uses are associated with the use of the property as a church. 6.Section 35.23.2 of the Denton Development Code (DDC), permit operation of other activities to a church regardless of whether such activities is owned, operated, managed, supported, or endorsed by, or otherwise affiliated with, any religious organization, mission or belief, and regardless of whether any religious message, teachings, celebrations, ceremonies, rituals, rites, worship or content are provided in conjunction with such uses. 7.The request for Community Mixed Use General (CM-G) zoning district designation conforms to the existing uses of the property. In addition, the applicant intent to expand uses on the property. However, the property shall continue to be owned by the church. All future expansions will be accessory uses and services associated with the church. 8.According to the applicant, the intent of this rezoning request is to reduce any ambiguity in the determination of the allowed uses on the property due to multi-complex nature of operations and services conducted on the site. 9.Adjacent zoning district include Community Mixed Use General (CM-G) to the north, Neighborhood Residential 2 (NR-2) to the south, Neighborhood Residential Mixed Use (NRMU) to the east, and Neighborhood Residential 2 (NR-2) to the west of subject site. 10.The subject site is not located within any special overlay districts or areas. 11.There are no planned public improvements for potable water, sanitary sewer, and drainage or transportation facilities serving the subject site beyond existing facilities. 12.There is not sufficient available capacity in the water and sewer systems to accommodate the projected demands associated with “highest and best use” for this zoning designation. However, there is sufficient capacity to serve the proposed land use associated with this project. 13.Water is available to the portion of the site west of the existing main Sanctuary Building by extending an 8-inch main from the existing 16-inch main along University Drive southward along Nottingham Drive approximately 700 feet to the existing 8-inch main. Water is available to the remainder of the site from the existing 8-inch loop within the site. 14.Sewer is available to the portion of the site west of the existing main Sanctuary Building via the existing 10-inch gravity main that passes beside the Calvary Preparatory Academy west of Nottingham Drive. Applicant may use a low pressure collection system consisting of grinder pumps and a force main to connect to this gravity main. Sewer is available to the remainder of the site via the existing 8-inch gravity mains south of the existing building. . 15.Anticipated storm water demand is approximately 328 cubic feet per second (CFS). On- site detention is required upon development. 16.The site has access onto Nottingham and University Drive (US Hwy 380). University Drive is classified as primary major arterial. Nottingham Drive is classified as secondary major arterial street. 17.Anticipated transportation demand is 2,617 vehicle trips per day 18.According to the City of Denton Fire Department, this property is served by the City’s Fire Station #4, located at 2110 E. Sherman Drive. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development IS CONSISTENT Review Committee finds that the request with the existing land uses and IS CONSISTENTIS CONSISTENT general character of the area, with the Denton Plan, and with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVALadvisory note ofthis rezoning request with an : 1.Limitation of maximum of 25,000 square feet of gross floor area per use for office development within the NRMU zoning district defined in Section 35.5.2.2 of the DDC shall not be applicable to development of offices on this property so long as the office use is accessory to a church. 2.Definition of accessory uses to a church shall be the same as defined in Section 35.23.2 of the Denton Development Code (DDC). GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: NR-3; Institutional/Residential CM-G; Vacant/Commercial CM-G; Vacant West:Subject Property: East: NR-3; Institutional NRMU/NR-3; Institutional NRMU; Residential (Multi-family) Southwest: South: Southeast: NR-2 and NRMU; Vacant NR-2; Vacant NRMU-12; Vacant Source: City of Denton Geographical Information System and site visit by City staff Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies The subject site is within the “Existing” Land Use future land use category which includes existing residential uses and new infill compatibility. New development should respond to existing development with compatible land uses patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service and commercial land uses is allowed. “ The purpose of the Community Mixed Use Centers is to provide the necessary shopping, services, recreation, employment, and institutional facilities that are required and supported by .” the surrounding communityCommunity Mixed-Use Activity Centers are supposed to accommodate shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. A community activity center could contain uses such as a supermarket, drug store, specialty shop, service stations, one or more large places of worship, community park, midsize offices, high to moderate density housing and even elementary and middle schools. The property is currently being used as a large place of worship. In addition, there property is used to provide community services to residents both within and outside the City. The use of the property conforms to the intent of Community Mixed Use Centers. Thus, the property aligns with the goals and objective of the Denton Plan for Community Mixed Use Centers future land use; therefore rezoning of the property from NRMU to CM-G conform to the goals of the Denton Plan. Zoning Allocation: The east campus site encompasses approximately 34.222 acres of land zoned NRMU, and 7.1892 acres of land zoned NR-3. The west campus encompasses approximately 15.7 acre of land zoned NR-3. This rezoning request would affect the zoning allocation of the NRMU, NR-3 and CM-G zoning districts within the City. Currently, there is approximately 1,154.27 of land zoned NRMU, 3,802.175 of land zoned NR-3, and 1,088.95 of land zoned CM-G. If the applicant’s proposal is approved, the NRMU allocation within the city will decrease to 1,120.048 acres. The NR-3 zoning allocation will decrease to 3,779.295; and the CM-G allocation will increase to 1,130.3612 acres. Zoning Allocation Current Allocation Proposed Allocation Zoning District (acres) (acres) CM-G 1,088.95 1,130.3612 NRMU 1,154.27 1’120.048 NR-3 3,802.175 3,779.295 Nearest Elementary, Middle, and High School: This is a non residential rezoning request. Staff does not anticipate generation of students to impact existing school facilities. Nearest Fire, and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMSFire Station #4 >2 miles Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 58.289 ± acres Proposed Demand or No) Permitted Density for NRMU (15.678 acres)Office (generally)Yes Maximum FAR (CM-G) (42.611 Office (generally) Yes acres) Potable Water Consumption 738 (peak) Yes (GPM) Wastewater 627 (peak) Yes Generation (GPM) B. Available Capacity: There is not sufficient available capacity in the water and sewer systems to accommodate the projected demands associated with “highest and best use” for this zoning designation. However, there is sufficient capacity to serve the proposed land use associated with this project. Water is available to the portion of the site west of the existing Sanctuary Building by extending an 8-inch main from the existing 16-inch main along University Drive southward along Nottingham Drive approximately 700 feet to the existing 8-inch main. Water is available to the remainder of the site from the existing 8-inch loop within the site. Sewer is available to the portion of the site west of the existing Sanctuary Building via the existing 10-inch gravity main that passes beside the Calvary Preparatory Academy west of Nottingham Drive. Applicant may use a low pressure collection system consisting of grinder pumps and a force main to connect to this gravity main. Sewer is available to the remainder of the site via the existing 8-inch gravity mains south of the existing building. C. CIP Planned Improvements: There are no planned CIP improvements for potable water or sanitary sewer facilities serving the subject site. Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes Proposed Demand 58.289 acres or No) Permitted Density for NRMU (15.678 (470 units in NRMU) Yes acres) Maximum FAR (CM-G) (42.611 Floor Area Ratio of 1.5 Yes acres) Average Annual 2617 Yes Daily Trips (AADT) PM Peak Hour Trips 262 Yes B. Available Capacity: Nottingham Drive is a City of Denton roadway and has the capacity to accommodate this development. University Drive is a TXDOT roadway and has the capacity to accommodate this existing development. C. Roadway Conditions: Both Nottingham Drive and University Drive are classified as improved streets and are able to accommodate the existing development. D. CIP Planned Improvements: There are no CIP improvements planned. University Drive is a TXDOT right-of-way. Environmental Conditions: A. Surface Water: There is no surface water on site. B. Environmentally Sensitive Areas: The property is not in an Environmentally Sensitive Area. Airports: The subject site is not located within the Denton Municipal Airport’s ACLUD zones. Electric: No comment. Comments from other Departments: None. Exhibit 2 Site Location/Aerial Map Site Site N Exhibit 3 Existing Land Use Map Site Site N Exhibit 4 Zoning Map Site Site N Exhibit 5 Proposed Zoning Map Site Site Site N Exhibit 6 Survey Exhibit 7 Notification Map Public Notification Date: 4/24/13 200’ Legal Notices sent: 57 500’ Courtesy Notices sent: 153 Number of responses to 200’ Legal Notice, and 500’ Courtesy Notices: In Opposition: 2 In Favor: 1 Neutral: 0 Exhibit 8 Notice of Public Hearing Responses Exhibit 9 Letter from Applicant Exhibit 10 List of Existing and Proposed Future Uses Exhibit 11 Information of Serving Population Exhibit 12 Site Photos Looking north from property Looking south toward Property Looking South From Property Looking south from subject property Looking east from subject property Exhibit13 PlanningandZoningCommission,May22,2013MeetingMinutes B.Hold a public hearing and consider making a recommendation to City Council regarding a Comprehensive Plan Amendment from Existing Land Use to Community Mixed Use Centers Future Land Use on approximately 42.611 acres of land. The subject property is generally located west of Nottingham Drive, north of Mingo Road, and south of University Drive (US 380). (CA13-0001, Denton Bible, Nana Appiah) This item was continued from the May 8, 2013 Planning and Zoning Commission meeting. 1 th 2Lockley introduced this item; this item was originally scheduled for the May 8 meeting. Appiah 3stated this request is for a Comprehensive Plan Amendment from Existing Land Use to 4Community Mixed Use Centers on approximately 41.4112 acres of land. The property is 5currently zoned at Neighborhood Residential Mixed Use and Neighborhood Residential-3. Staff 6sent 14 Public Hearing notices to property owners within 200 feet of the subject site and 153 7courtesy notices to property owners within 500 feet of the subject site. At this time staff has 8received one response in favor of this request. Appiah stated staff recommends approval of this 9request. 10 11Taylor stated there is inconsistency on the agenda and staff backup; one stated 42.6 acres of land 12and the other stated 41.1. Leal stated staff needs to confirm which one is accurate. Appiah stated 13it is actually 41.4112; what was advertised was higher than what is listed. Leal stated as long as 14what is on the provided map indicates what is proposed and what isn’t than it is okay. Taylor 15questioned if the northern corner lot is already owned by Denton Bible Church. Reece opened 16the Public Hearing. 17 18Lee Allison, Allison Engineering Group, 4401 North I-35, Denton, Texas 19 20Allison stated the green region on the map is under contract with Denton Bible Church pending 21approval of the contracts. Allison stated the northwest corner of the West Campus the existing 22building is over 30,000 square feet; with the current zoning the building cannot exceed 25,000 23square feet. Allison stated the structure will not be used for office space to serve Denton; it 24would be office space for church use; there is no intent to build buildings over the 25,000 square 25feet restriction. There was no further discussion; Reece closed the Public Hearing. 26 27Commissioner Frank Conner motioned, Commissioner Devin Taylor seconded to approve this 28item. Motion approved (5-0). 29 C.Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 3 (NR-3) to Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use (NRMU) zoning districts on approximately 58.289 acres. The subject property is generally located east and west of Nottingham Drive, north of Mingo Road, and south of University Drive (US 380). (Z13-0001, Denton Bible Church, Nana Appiah) This item was continued from the May 8, 2013 Planning and Zoning Commission meeting. 30 31Lockley introduced this item; Appiah stated this is the zoning follow up to the Comprehensive 32Plan Amendment that was just heard. Appiah stated this request is to rezone the subject site from 4 1Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 3 (NR-3) to 2Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use (NRMU) 3zoning district on approximately 58.289 acres. Appiah stated staff sent 57 Public Hearing notices 4to property owners within 200 feet of the subject site and 153 courtesy notices to property 5owners within 500 feet of the subject site. At this time staff has received one response in favor of 6this request. Staff recommends approval of this zoning request based on the two Advisory Notes 7provided in the staff backup. There was no further discussion; Reece opened and closed the 8Public Hearing. 9 10Commissioner Frank Conner motioned, Commissioner Devin Taylor seconded to approve this 11item. Motion approved (5-0). 12 5.FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. 13 14Lockley stated he is working with the Legal Department on some of the Commissioners th 15requested items; those items will be presented at the upcoming June 12 meeting. There was no 16further discussion. Reece adjourned the meeting at 6:57 p.m. 17 5 Exhibit14 Ordinance s:llegallnur documentslordinances1131x13-0001 denton bible reaoning.dac � �{— � a ! �_ _ _� ����,��� �� �.�_. :� � � � I � rAS� � ..n n,. 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