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January 6, 2009 Agenda
AGENDA CITY OF DENTON CITY COUNCIL January 6, 2009 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, January 6, 2009 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.Requests for clarification of agenda items listed on the agenda for January 6, 2009. 2.Receive a report, hold a discussion, and give staff direction regarding adding a section to Chapter 18 of the Code of Ordinances – “Use of Hand Held Mobile Telephones Prohibited in School Zones”. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1.Closed Meeting: A. Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Consider and discuss status of litigation styled David Johnson v. City of Denton, Cause No. 4:07cv449, currently pending in the U.S. District Court, Eastern District, Sherman Division. 2. Receive legal advice and information from the City’s attorneys pertaining to the lawsuit that is currently pending involving Russell Pettway d/b/a Maaco Collision Repair and Auto Painting, Plaintiff v. the City, Defendant in Cause No. 2008-10344-16 pending in the 16th Judicial District Court in and for Denton County, Texas; discuss, deliberate, and provide the City’s attorneys with direction and any recommendations regarding such legal matter. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 3. Receive legal advice and information from the City’s attorneys pertaining to the lawsuits that are currently pending involving the Texas Municipal Power Agency (“TMPA”) and its member cities, in Cause No. 28169 pending in the 506th Judicial District Court in and for Grimes County, Texas; Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; and Cause No. D-1-GN- st 08-003693, pending in the 261 Judicial District in and for Travis County, Texas, discuss, deliberate, and provide the City’s attorneys with direction and any recommendations regarding such legal matters. A public discussion of these legal matters would conflict with the duty of the City’s City of Denton City Council Agenda January 6, 2009 Page 2 attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. 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 acquisition or the condemnation of several street right-of-way tracts and several temporary construction, grading and access easement tracts for Westcourt Road improvements, the limits of which being from F.M. 1515 (Airport Road) to Springside Road, in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, January 6, 2009 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: ïòÐÔÛÜÙÛ ÑÚ ßÔÔÛÙ×ßÒÝÛ A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” îòÐÎÑÝÔßÓßÌ×ÑÒÍñÐÎÛÍÛÒÌßÌ×ÑÒÍ A. Proclamations/Awards 1. The Denton Lions Club Day 2. Presentation of the Achievement of Excellence in Procurement Award from the National Purchasing Institute City of Denton City Council Agenda January 6, 2009 Page 3 íò ÝÑÒÍÛÒÌ ßÙÛÒÜß Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – Q). 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 – Q below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to an Agreement for Professional Legal Services with Ford & Harrison, LLP for professional legal services relating to litigation styled David Johnson, individually and as class representative v. City of Denton Fire Department and City of Denton, Cause No. 4:07cv449, currently pending in the U.S. District Court, Eastern District, Sherman Division; authorizing the expenditure of funds therefor; and providing an effective date. B. Consider approval of the minutes of: December 1, 2008 December 2, 2008 December 9, 2008 C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving the third amendment to that agreement between the City of Denton and the Denton Affordable Housing Corporation; authorizing the City Manager to execute the third amendment that will increase the current program budget by $78,684 and revise the requirements regarding program proceeds allowing DAHC to use funding for housing and administrative activities that may not fall within current HOME program regulations; and providing for an effective date. D. Consider approval of a resolution of the City of Denton suspending the effective date of CoServ Gas Ltd.'s requested rate changes to permit the City time to study the request and to establish reasonable rates; approving cooperation with other cities within the CoServ system to hire legal and consulting services and to negotiate with the company and direct any necessary litigation; requiring reimbursement of cities’ rate case expenses; authorizing intervention in the proceeding at the Railroad Commission; requiring notice of this resolution to the company; and establishing an effective date. City of Denton City Council Agenda January 6, 2009 Page 4 E. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. F. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. G. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the expenditure of funds to pay the Denton Central Appraisal District (DCAD) the City of Denton’s portion of the budget allocation in an amount not to exceed $359,551.59; and providing an effective date. H. Consider adoption of an ordinance of the City of Denton authorizing an Agreement between the City of Denton, Texas and Opening Doors Immigration Services for provision of assistance to victims of domestic violence; providing for the expenditure of funds; and providing for an effective date. ($1500) st I. Consider approval of a resolution supporting a legislative position during the 81 Texas Legislature on the discontinuation of diverting transportation user revenues to non-transportation uses and the appropriation of all revenue generated from highway user fees and taxes to fund transportation projects. The Mobility Committee recommends approval (3-0). J. Consider adoption of an ordinance providing for in-house engineering review by City staff development review engineers for those development review tasks that were performed by the outside consulting firm Freese & Nichols, Inc.; and these tasks were then deleted from the new contract with Freese & Nichols, Inc. dated November 4, 2008; establishing engineering review fees that are payable by developers to the City of Denton for variances, alternative development plans, general development plans, planned development district detailed site plans, comprehensive plan amendments; building permit site plan review; clearing/grading permit review; engineering preliminary plat and final plat review for one and two lot residential subdivisions; providing for a repealer; providing for a severability clause; providing an effective date. K. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Three to the contract between the City of Denton and JRJ Paving LP.; providing for the expenditure of funds therefor; and providing an effective date (Bid 3897–Shady Oaks and Brinker Paving and Drainage Improvements Change Order Number Three in the amount of $32,474.60 for additional repairs to Shady Oaks outside of the original contract including the installation of handrails over four box culverts and a decrease to reflect actual work performed versus original estimates for paving, curb/gutter and storm drains). . City of Denton City Council Agenda January 6, 2009 Page 5 L. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Four to the contract between the City of Denton and Ed Bell Construction; providing for the expenditure of funds therefor; and providing an effective date (Bid 3929–Western Blvd. Paving and Drainage Improvements Change Order Number Four in the amount of $89,895.60 60 to raise the level of Cindy Lane for drainage improvements and to reflect the actual work done versus original contract estimates for fencing and junction boxes). M. Consider adoption of an ordinance extending a contract awarded by Council on September 22, 2005 for one additional year by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the Dallas Independent School District under Section 271.102 of the Local Government Code, for the purchase of products and services for an onsite vehicle parts facility; providing for the expenditure of funds therefor; and providing an effective date (File 3405– Interlocal Agreement for the Purchase of Products and Services for an Onsite Vehicle Parts Facility with the Dallas Independent School District, contract awarded to Genuine Parts Company in the estimated amount of $1,344,000). N. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of curb, gutter, and driveway structures and radiuses on Headlee Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516–awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $217,060.34). O. Consider adoption of an ordinance of the City of Denton, Texas accepting competitive sealed proposals and awarding a best value contract for the renovation and expansion of the City of Denton Senior Center; authorizing the expenditure of funds therefor; and providing an effective date (RFSP 4206– Denton Senior Center Renovations and Addition awarded to H.C.I. General Contractors, Inc. in the amount of $1,184,300). P. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Elk River Investments, Inc. from the Downtown Incentive Grant Program not to exceed $15,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (4-0). Q. Consider adoption of an ordinance finding that a necessity exists to acquire street right-of-way and temporary construction, grading and access easements and authorizing the acquisition thereof through agreement or eminent domain on various hereinafter described parcels of real property for paving and drainage enhancements related to the “Westcourt Road Improvements Project”; providing a severability clause; providing an effective date. City of Denton City Council Agenda January 6, 2009 Page 6 ìòÐËÞÔ×Ý ØÛßÎ×ÒÙÍ A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for an amendment to the Comprehensive Plan for the City of Denton, Texas, for approximately 4.23 acres of land, located on the northwest corner of Loop 288 and Sherman Drive, from an “Existing Land Use/Infill Compatibility” land use designation to a “Community Mixed Use Centers” land use designation; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause; and providing an effective date.(CA08-0001) The Planning and Zoning Commission recommends approval (6-0). B. Hold a public hearing and consider adoption of an ordinance providing for the rezoning of approximately 4.23 acres of land, located on the northwest corner of Loop 288 and Sherman Drive, from a Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a Community Mixed Use General (CM-G) zoning district classification and use designation; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause; and providing an effective date. (Z08-0002) The Planning and Zoning Commission recommends approval (6-0). C. Hold a public hearing and consider adoption of an ordinance amending Subchapters 3 and 16 of the Denton Development Code conforming procedures to statutory provisions relating to proportionality of development exactions; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA08-0011) The Planning and Zoning Commission recommends approval (6-0). (Payne) ëò×ÌÛÓÍ ÚÑÎ ×ÒÜ×Ê×ÜËßÔ ÝÑÒÍ×ÜÛÎßÌ×ÑÒ A. Consider adoption of an ordinance of the City of Denton, Texas, on first reading, annexing by consent two tracts of land consisting of approximately 865.92 acres, contiguous and adjacent to the city of Denton, generally located in two distinct areas, the first area (annexation area #1) being approximately 24.94.23 acres in size and is generally located between the City’s current northern city limits and Lake Ray Roberts, south of FM 2153, and the second area (annexation area #2) is approximately 843.35 acres and is generally located east of FM 2164 and north of Shepard Road; approving a service plan for the annexed property; providing a severability clause and an effective date (A08-0001). The Planning and Zoning Commission recommends approval (5-0). B. Consider adoption of an ordinance approving the termination of that certain lease of Airport Property between the City of Denton, Texas and Sykes-Vaughan Investments (US Aviation Group); authorizing the City Manager to execute a Fixed Base Operator Airport Lease Agreement between the City of Denton, Texas, and US Aviation Groupwhich includes among other provisions the right to sell aviation fuel to the public for a five-percent fuel flow fee, provide commercial hangar and tie-down service and the expansion of the US Aviation Group leasehold by approximately 168,000 square feet; and providing an effective date. City of Denton City Council Agenda January 6, 2009 Page 7 C. Consider adoption of an ordinance authorizing an agreement between the City of Denton and Aldi (Texas), L.LC. providing for reimbursement for the acquisition through purchase or condemnation of certain street right of way tracts and temporary construction, grading and access easements located in the W. Neill Survey, Abstract No. 970 and the J. Hardin Survey, Abstract No. 1656, City of Denton, Denton County, Texas; and providing an effective date. (Westcourt Road Improvements) D. Consider nominations/appointments to the City’s Boards and Commissions (Human Services Advisory Committee and Traffic Safety Commission). E. 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. F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2009 at ________o'clock (a.m.) (p.m.) __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE. éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 6, 2009 DEPARTMENT: Police Department ACM: Fred Greene SUBJECT Receive a report, hold a discussion, and give staff direction regarding adding a section to Chapter 18 of the Code of BACKGROUND This Ordinance prohibits a driver or operator of a motor vehicle from the use of hand held mobile telephones in school zones during designated school zone hours. The ordinance prohibits drivers from using hand held mobile phones to engage in calls or to create, send, or read messages while driving or operating a motor vehicle in any school zone on official school days during the hours when school zones are in effect and when school zone signs and signs prohibiting hand held mobile telephone use are in place. The ordinance does not prohibit the use of hands free mobile telephones in school zones. PRIOR ACTION/REVIEW Staff made a presentation to Council at the April 15, 2008 Work Session. This Ordinance was sent to the Traffic Safety Commission on September 8, 2008 at the request of the City Council. The Traffic Safety Commission approved the Ordinance on September 8, 2008 by a 9-0 vote. FISCAL INFORMATION This Ordinance will require two signs to be posted at each of the thirty-one Denton school zones at a cost of $25 per sign for a total cost of $1,550. Funding for these signs will come out of either the Red Light Camera funds or through the City of Denton Street Department budget. Respectfully submitted, Roy W. Minter, Jr. Chief of Police éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ CITY OF DENTON CITY COUNCIL MINUTES December 1, 2008 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Monday, December 1, 2008 at 11:30 a.m. in the Council Work Session Room. PRESENT: Mayor Pro Tem Kamp; Council Members Heggins, Mulroy, Thomson, and Watts. ABSENT: Mayor Burroughs; Council Member Moreno 1.The Council received a report, held a discussion, and gave staff direction on the proposed Master Plan for the new Animal Care and Adoption Center. Scott Fletcher, Captain-Denton Police Department, presented an update on the proposed Master Plan for the new Animal Care and Adoption Center. New shelter goals were to change the focus from a “dog pound” to an adoption center and to provide improved services for animals and citizens. Exterior design of the facility would have a modern professional appearance, an open and inviting atmosphere, a low maintenance hardscape, and xeriscape plantings. Interior design would have an open and inviting atmosphere, would maximize safe public interaction with animals, and minimize a need for staff. Specific room/area descriptions were presented based on function, location, description, finish and typical furnishings. Information on area shelter costs was presented which ranged from $171-$328 per square foot. There might be a need to set a definite price and build what could be done with that amount of money. Projected budget costs were presented with a total estimate of $8.052 million to $9.259 million. The Master Plan provided an avenue for a new image for the shelter; improved services for citizens and animals; increased “front door” exits in terms of adoption, returns and rescue; provided the potential to phase in building over time; and a potential for growth. Council Discussion – The City currently was taking in animals from other entities. Fletcher replied correct that right now the City took in all animals from contracted entities. With the new facility, the City would be moving toward taking in animals from other entities if space were available. The projection in the Master Plan was for City of Denton animals only which would provide flexibility in the beginning phase of the facility. Projections for operations & maintenance were not done at this time. Fletcher replied correct that the operations and maintenance costs would depend on what was finally approved for the design of the facility. The Shelter Foundation would continue to help with costs after completion of the construction. The cost per square footage number did not include land acquisition. Fletcher replied correct that the land was not included. Dr. Peter Lane read a statement from Betty Sherman, Chair of Shelter Foundation. Ms. Sherman thanked the Council for early funding for the facility. The role of the Foundation would not be City of Denton City Council Minutes December 1, 2008 Page 2 administration of the facility but was for animal care and adoption. The Foundation would be a supportive arm for the facility and help find dollars to support the facility. Consensus of Council was to proceed with the Master Plan. 2.The Council held a discussion with Keep Denton Beautiful regarding, but not limited to department history, functions, programs, and major accomplishments. Aimee Dennis, Keep Denton Beautiful Manager, presented information on the department which included the history and formation of the department, organizational structure, budget and funding, major accomplishments and vision for the future. The department was started as a Blue Ribbon Citizens’ Task Force in 1987, changed to the Beautification Advisory Committee in 1991 and in 1996 developed into a standalone 501 (c) 3 organization. The mission of Keep Denton Beautiful was to inspire individuals to take greater responsibility for a clean and beautiful city thorough litter prevention, reduction of waste and community beautification. 2007-09 Strategic Plan was to evaluate and improve KDB programs and outcomes, expand the volunteer development program, influence public policy on issues that were directly related to mission/vision; and implement a comprehensive fundraising and marketing strategy. Keep Denton Beautiful received the Governor’s Community Achievement Award in 2007 and was given $155,000 for community beautification. One major area of service was litter prevention and reduction. Activities included in this area were the Great American Cleanup Day, the City’s tree program and Arbor Day. Businesses and families also benefited from these programs. Vision for the future was a city where people lived in vibrant neighborhoods, worked in a thriving economy and played in a healthy environment. With no further business, meeting was adjourned at 12:35 p.m. ___________________________________ PETE KAMP MAYOR PRO TEM CITY OF DENTON, TEXAS _____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 2, 2008 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 2, 2008 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem Kamp; Council Members Heggins, Moreno, Mulroy, Thomson, and Watts. ABSENT: Mayor Burroughs 1.The Staff responded to requests for clarification of agenda items listed on the agenda for December 2, 2008. Council Member Mulroy asked if the signed consent forms for the noise exception for Consent Agenda 3L were available. Janie McLeod, Special Events Coordinator, stated that the applicant was requested to get written permission from the residents but she did not have those documents. Council Member Mulroy asked for a staff recommendation. McLeod stated that the family had indicated that this had been a hard year for the family and they wanted the exception in order to wish their father both a happy birthday and happy anniversary. Council Member Mulroy asked if the staff could recommend the exception without the documents from the neighboring residents. Emerson Vorel, Director of Parks and Recreation, stated that staff was in favor of the exception. There were only two private residences within 500 feet of the home. Even with the exception the Police Department had several options to enforce excessive noise. Council Member Moreno asked if there would be any music amplification devices. McLeod replied no, that the music would be facing away from the direction of the residences. Council Member Mulroy asked why the sewer line was not done at the same time the water line was done during platting for Consent Agenda 3H. Jim Coulter, Director of Water/Wastewater, stated that the wastewater line came from the west while the water line came from the east. Tim Fisher, Water Division Manager, stated that the original proposal from the DISD had an interior lift station. Staff indicated that the line had to come out to the road but not across both frontages. Council Member Mulroy requested a follow-up memo on the history of the two lines. Council Member Mulroy asked how the rates for the self-insurance compared to the existing contract for Consent Agenda 3O. City of Denton City Council Minutes December 2, 2008 Page 2 Scott Payne, Risk Manager, stated that the company was willing to hold the fee the same as this year. Council Member Mulroy requested Legal comment on the green cement resolution proposed in Individual Items 5C. City Attorney Burgess stated that there had been a new development about the proposed resolution. A lawsuit had been filed in the Dallas Division of District Court by Ash Grove regarding various resolutions passed by Dallas, Plano, Fort Worth and others in the area. Ash Grove had noted several allegations in the lawsuit: (1) competition and government contracting, (2) violation of local preference provisions, (3) the Texas legislature required the TCEQ to regulate air quality and the resolutions improperly punished Ash Grove, (4) arbitrary provisions, (5) the resolutions stood without standards, (6) the resolutions were unconstitutional takings and resulted in taking of property interests; (7) the resolutions were a violation of the equal protection clause because they distinguished between wet and dry cement by eliminating wet from contracts, and (8) the resolutions were a violation of constitutional rights. She indicated that the area resolutions were not all the same and staff needed to look carefully before taking action. Mayor Pro Tem Kamp indicated that the Council Committee on the Environment was supportive of the initiative recommendation and asked about taking more time to consider it based on the lawsuit. Burgess felt it would be prudent to take a good look at the allegations before taking action. Denton could be included in the lawsuit if a resolution were passed at this time and felt that Council and staff needed to take a good look at the lawsuit before passing anything. Mayor Pro Tem Kamp felt that timing was an issue because the current contract expired in February of 2009. It would be good to include the provisions of the proposed resolution in that requirement when going out for bids. City Attorney Burgess stated that Section 271 of the Local Government Code could be used to give preference to a company that met or exceeded air quality standards as long as the cost did not exceed 105% of the goods or services of the vendor who did not meet the standards. That provision would not require a resolution by Council. Council Member Thomson asked if Council could approve the proposed resolution upon affirmative solution of lawsuit. City Attorney Burgess stated that she had not seen such an item passed conditionally. It could be an issue with improper delegation of authority. Council Member Mulroy asked about a time frame required for a legal analysis/financial exposure on the issue. He suggested that in the interim, an ordinance be prepared that would exercise the right of Section 271 until another resolution was ready. City Attorney Burgess stated that Council would not have to pass an ordinance to implement Section 271. It could be used on a case by case basis as Council deemed appropriate. City of Denton City Council Minutes December 2, 2008 Page 3 Council Member Mulroy stated that the purpose of the ordinance would be to set that in writing pending further analysis. City Attorney Burgess stated that staff could draft a resolution to express intent and use that provision in the Local Government Code. It would not take long to draft. City Manager Campbell asked if an ordinance should be done which would be statutory or do a resolution stating intent. City Attorney Burgess stated that a conservative approach would be a resolution. 2.The Council received a presentation and held a discussion with members of the University of North Texas Political Science 4500 Leadership Seminar class concerning bottled water use and bottled water policies. Benjamin Vale, UNT Leadership Class, stated that the class proposal was for the City to pass a resolution ending the use of any municipal funds in the purchase of disposable water and promote the use of municipal water in all municipal activities and in all agencies. Another facet of the program would be to engage in an educational campaign in partnership with the community. Instead of using disposable water, use reusable sports bottles that both promote tap water and avoid the use of disposable water. A logo for the campaign could be “Tap In”. There currently was a movement throughout the nation against bottled water. He presented information on the cost of bottled water, why Denton water was better, and asked for a resolution to end the purchase of bottled water for city offices, employees and for public events sponsored by the City. Tap water should be made readily available in all locations. The city needed to support the purchase and distribution of reusable sports bottles in lieu of disposable water bottles. Funds saved through the educational campaign could be used to purchase new sports bottles which would eventually reduce the carbon footprint and divert tons of waste from the landfill. He also presented options on the “Tap In” educational campaign. Council thanked the class for the report. 3.The Council received a report, held a discussion and gave staff direction regarding the City of Denton Parks, Recreation, and Trails System Master Plan. Emerson Vorel stated that this was the final draft for review and comments and would be brought back to Council at a future meeting for consideration. Britt Flaten, Jacobs Carter Burgess, reviewed the purpose of the plan which was to provide a framework for orderly and consistent planning and development, provide detailed research and facts concerning the community and the roles of parks and recreation, establish priorities and statements of direction based on researched and documented facts and a community based needs analysis, provide direction in the area of acquisition and development of park land to meet future needs, and conform to the preparation suggestions and/or guidelines for local Parks, Recreation and Open Space Master Plans, prepared by the Texas Parks and Wildlife Department for Texas Recreation and Parks Account local park grant program. Phase I dealt with an inventory and needs assessment which included a base map preparation, inventory/supply analysis, population data and benchmark comparisons, customized standards for Denton, and a needs assessment to City of Denton City Council Minutes December 2, 2008 Page 4 help establish citizen priorities. Phase II dealt with priority ranking analysis, action plan, expenditure analysis, preliminary master plan and a final report. Phillip Neeley, Jacobs Carter Burgess, presented information on Phase III. The factors and weighted values used included citizen input/survey results (40%), Parks and Recreation staff input (20%), Parks, Recreation and Beautification Board input (10%), Parks Foundation input (10%), City Council (10%), and consultant evaluation (10%). High priority ranking items were hike/bike/jog running & nature trails, additional recreation center space, indoor gymnasium space; nature trails/greenway corridors; larger Senior Center, open space/nature areas, and additional soccer fields. He reviewed a ten year action plan proposal and an expenditure analysis for various options for funding. The final master plan would be submitted to the Texas Parks and Wildlife Department with color copies available for public display. Council discussed rerunning the calculations from the citizen survey results with alternate weighing factors such as citizen input at 50-60% to see if priorities might change. Flaten indicated that it would not be hard to rework the calculations and that some of the top priorities might change. Council Member Thomson stated that he would like to see more permeable parking in parks wherever possible. Vorel replied that other construction techniques would have to be explored. He was not opposed to them but such surfaces did have maintenance issues. Mayor Pro Tem Kamp announced that Work Session Item #5 would not be considered at this meeting. 4.The Council received a briefing, held a discussion and gave staff direction on the proposed amendments to Subchapter 18 “Land Disturbing Activities” of the Denton Development Code (DDC). The Planning and Zoning Commission recommended approval of the proposed amendments (7-0). (DCA06-0010) Mark Cunningham, Director of Planning and Development, stated that the purpose of the amendments was to streamline the review and approval process for clearing and grading permits; address procedural changes in the review and permitting process; remove components of Subchapter 18 that were already regulated under other subchapters and address TCEQ and Federal storm water permitting requirements. The State permit required that the city adopt an ordinance for both erosion and sediment control, conduct reviews of site management plans, establish a mechanism to receive information provided by the public, perform regular, documented site inspections, and establish a mechanism to assess and levy penalties for non-compliance. Options for related permits showed that in addition to being able to obtain a clearing and grading permit, applicants may now also apply for a grubbing permit and a stockpiling and excavation permit. City of Denton City Council Minutes December 2, 2008 Page 5 The proposed amendments would provide definitions for clearing, grading, grubbing, imported fill, excavation and stockpiling. Cunningham detailed the amendments proposed for Subchapter 18 as noted in the agenda backup materials. Council Member Mulroy stated that no clearing and grading permit would be issued without final plat approval by the Planning and Zoning Commission. Cunningham replied correct but that staff would revisit the issue due to varying circumstances that might arise. Council Member Watts asked if the property was platted but kept the same configuration, would this still apply. Cunningham felt it would not. Council Member Mulroy suggested keeping the 100 cubic yards for non-residential exemptions. Cunningham stated that they had received input from stakeholders, etc. for the reduction for non- residential. He also indicated that oversight responsibility would be moved to the Building Official rather than the Planning and Development Director to create a consistency with other provisions. Council Member Mulroy suggested a further definition for the temporary stabilization measures for enforcement measures. Cunningham stated that he would take Council comments into consideration for the next draft. 5.Receive a briefing, hold a discussion and give staff direction on the proposed amendments to Subchapters 6, 12 and 13 of the Denton Development Code. The amendments included are to clarify standards and regulations regarding SUP revocation, yard measurements, accessory buildings and structures general regulations, expansion applicability, preservation and mitigation requirements for infill lots, light and glare performance requirements, and site development requirements for residential buildings. The Planning and Zoning Commission recommended approval of the proposed amendments (6-0). (DCA08-0002) This item was not considered. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:50 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A.Consultation with Attorney – Under Texas Government Code §551.071; and Deliberations Regarding Real Property – Under Texas Government Code §551.072. City of Denton City Council Minutes December 2, 2008 Page 6 1.Discussed, deliberated, and received information from Staff and provided Staff with direction regarding the valuation and possible acquisition of permanent utility easement of approximate 0.3792 acre and temporary construction easements of approximately 0.3504 acre, 0.1836 acre, 0.0873 acre, and 0.1138 acre, all situated in the Robert Beaumont Survey, Abstract Number 31, City of Denton, Denton County, Texas located at the northeast corner of Bonnie Brae Street and West University Drive, said easement tracts to be acquired for utility and temporary utility construction purposes. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of said easement tracts, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Public Utility Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. 2.Discussed, deliberated, and received information from Staff and provided Staff with direction regarding the valuation and possible acquisition of permanent utility easement of approximately 1.4098 acre and temporary construction easement of approximately 0.9397 acre, both being situated in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas approximately located 200 feet north of Windsor Drive, 600 feet east of Bonnie Brae Street, said easement tracts to be acquired for utility and temporary utility construction purposes. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of said easement tracts, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Public Utility Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. 3. Discussed, deliberated, and received information from Staff and provided Staff with direction regarding the valuation and possible acquisition of a street right-of-way tract of approximately 1.2065 acre, being situated in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas, approximately located at the northeast corner of North Lakes Park, south side of U.S. Highway 77, approximately 400 feet south of the Riney Road intersection, said street right-of-way tract to be acquired for street, utility and drainage purposes. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of said easement tracts, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Public Utility Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. City of Denton City Council Minutes December 2, 2008 Page 7 4. Discussed, deliberated, and received information from Staff and provided Staff with direction regarding the valuation and possible acquisition of fee title to a 2.5367 acre tract of land situated in the Asa Hickman Survey, Abstract No. 521, City of Denton, Denton County, Texas, said tract to be acquired for municipal utility purposes. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of fee title to the 2.5367 acre tract, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Public Utility Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. 5. Discussed, deliberated, and received information from Staff and provided Staff with direction regarding the valuation and possible acquisition of fee title to a 20.5961 acre tract of land situated in the N.H. Meisenhiemer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being located along U.S. 77 and Old Riney Road, said tract to be acquired for municipal purposes and public park purposes. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of fee title to the 20.5961 acre tract, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. B.Consultation with Attorney – Under Texas Government Code §551.071. 1.Considered and discussed status, including potential settlement, of litigation styled Collegiate Community Outreach d/b/a UNT Chi Alpha v. City of Denton, Cause No. 4:07cv564, currently pending in the U.S. District Court, Eastern District, Sherman Division. Regular Meeting of the City of Denton City Council on Tuesday, December 2, 2008 at 7:00 p.m. in the Council Chambers at City Hall. ïòÐÔÛÜÙÛ ÑÚ ßÔÔÛÙ×ßÒÝÛ The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. îòÐÎÑÝÔßÓßÌ×ÑÒÍñÐÎÛÍÛÒÌßÌ×ÑÒÍ A. Proclamations/Awards 1. Police Appreciation Day Mayor Pro Tem Kamp presented a proclamation for Police Appreciation Day. City of Denton City Council Minutes December 2, 2008 Page 8 íò ÝÑÒÍÛÒÌ ßÙÛÒÜß Mayor Pro Tem Kamp indicated that Speaker Cards had been submitted for Consent Agenda items. Robert Donnelly, 3900 Quail Creek Road, Denton, 76208, spoke on Consent Agenda Item 3F. He questioned the purchase of the property for the street right-of-way use for the water line. Frank Payne, City Engineer, stated that the property was not being purchased because of the proposed use for the animal adoption center. This proposal was for an alternative access for North Lakes Park before the existence of the proposed animal adoption center. Mr. Donnelly questioned Consent Agenda Item 3G. It appeared that the City was purchasing land through the Water Department for an animal shelter. He felt the purchase should have been more transparent than through the Water Department/Street Department. Paul Williamson, Real Estate Manager, stated that the funding was from various funds in connection with the various uses such as Parks for the soccer fields and approved Certificates of Obligation. Roger Wilkinson, 2201 North Lake Trail, Denton, 76201, spoke on Consent Agenda Item 3G indicating that people in the area were not aware of the moving of the facility to the proposed site. Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. A. 2008-287 - An ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4199– Electrical Energy Transmission Fees for Lower Colorado River Authority in the amount of $588,500). The Public Utilities Board recommended approval (4-0). B. 2008-288 - An ordinance accepting competitive bids and awarding a public works contract for the reconstruction of Old North Road; providing for the expenditure of funds therefor; and providing an effective date (Bid 4184–Old North Road Reconstruction awarded to Jagoe-Public Company in the amount of $836,909). C. 2008-289 - An ordinance accepting competitive proposals and awarding a contract for the purchase of a Supervisory Control and Data Acquisition (SCADA) system for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4074–SCADA/DMS System for DME Municipal Electric awarded to Open Systems International (OSI) in the amount of $203,419). The Public Utilities Board recommended approval (4-0). City of Denton City Council Minutes December 2, 2008 Page 9 D. 2008-290 - An ordinance authorizing the City Manager or his designee to execute an easement purchase agreement by and between the City of Denton, Texas and David R. Fulton, Trustee, and any other documents and conveyances that are necessary to acquire an approximate 0.3792 acre utility easement, and temporary construction easements of approximately 0.3504 acre, 0.1836 acre, 0.0873 acre, and 0.1138 acre, all being located in the Robert Beaumont Survey, Abstract Number 31, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (North-South 42-inch Water Line Project and U.S. Highway 380 Utility Relocation Project). The Public Utilities Board recommended approval (4-0). E. 2008-291 - An ordinance authorizing the City Manager or his designee to execute an easement purchase agreement by and between the City of Denton, Texas and Rayzor Investments, Ltd., and any other documents and conveyances that are necessary to acquire an approximate 1.4098 acre utility easement, and a temporary construction easement of approximately 0.9397 acre, both being located in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (North-South 42-inch Water Line Project) The Public Utilities Board recommended approval (4-0). F. 2008-292 - An ordinance authorizing the City Manager or his designee to execute a Street Right-of-Way Purchase Agreement by and between the City of Denton, Texas and Rayzor Investments, Ltd., and any other documents and conveyances that are necessary to acquire an approximate 1.2065 acre street right-of-way tract, being located in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (North-South 42-inch Water Line Project) The Public Utilities Board recommended approval (4-0). G. 2008-293 - An ordinance authorizing the City Manager or his designee to execute an agreement for purchase and sale entered into by and between the City of Denton, Texas and Rayzor Investments, Ltd., together with any other documents and conveyances that are necessary to acquire an approximate 20.5961 acre tract of real property in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (Municipal Services and Northlakes Park Expansion - $1,345,761) H. 2008-294 - An ordinance of the City Council of Denton, Texas authorizing the City Manager to execute a Water Main and Sewer Main Pro-Rata Reimbursement Agreement between the City of Denton, Texas and KLR Development LLC. for reimbursement of the costs of building a water main and sewer main, through pro- rata charges paid to the City; authorizing the transfer of funds pursuant to the agreement; and providing an effective date. The Public Utilities Board recommended approval (4-0). City of Denton City Council Minutes December 2, 2008 Page 10 I.2008-295 - An ordinance authorizing the City Manager to execute a Water Main Cost Participation Agreement between the City of Denton, Texas and KLR Development LLC, for the City’s participation in the oversizing of water mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. (in the not-to- exceed amount of $17,115.48) The Public Utilities Board recommended approval (4-0). J.Approved the minutes of: October 14, 2008 October 20, 2008 October 21, 2008 November 3, 2008 K.Approved tax refunds for the following property taxes: Ò¿³» λ¿±² Ì¿¨ Ç»¿® ß³±«²¬ 1. Columbia Medical Center DCAD Supplemental Change2003-2006 $12,381.51 2. First Denton LTD DCAD Supplemental Change2005 $ 5,629.17 L.Approved a request for an exception to the Noise Ordinance for the purpose of a mariachi band to play music during the anniversary/birthday party for the parents of Jesus and Miriam Contreras family. The event will be held at 3880 Cobb Dr. on December 31, 2008, from 12:00 midnight until 3:00 a.m. The Noise Ordinance Chapter 20 -1 (3) states that noise must end by 10:00 p.m. M.2008-296 - An ordinance of the City of Denton, Texas amending the Schedule of Fees contained in Ordinance 2004-060 by adopting a new Planning and Development Department Review Fee Schedule as authorized by the Denton Development Code for the City of Denton, Texas, for filing applications for review, approval, and issuance of Municipal Setting Designations (MSDs); providing a severability clause; providing for publication; and providing for an effective date. N.2008-297 - An ordinance of the City of Denton Council requesting the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program (RAMP); authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. TxDOT Project No. AM 2009DNTON and TxDOT CSJ No. M918DNTON). The Airport Advisory Board recommended approval (6-0). O.2008-298 - An ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute an Administrative Services Agreement for self-funded employee benefit plans with United Healthcare Insurance Company; authorizing the expenditure of funds therefor; and providing an effective date (in the estimated annual amount of $356,000). City of Denton City Council Minutes December 2, 2008 Page 11 ìòÐËÞÔ×Ý ØÛßÎ×ÒÙÍ A. The Council held the first of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the voluntary annexation and service plan for approximately 868.29 acres, located in the City’s Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of two distinct areas, as presented in Exhibit 1. The first area (annexation area #1) is approximately 24.94 acres in size and is generally located between the City’s current northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) is approximately 843.35 acres and is generally located east of FM 2164 and north of Shepard Road. Mark Cunningham, Director of Planning and Development, stated that this was the first of two public hearings and consisted of two separate areas. The purpose of the annexation was to implement a settlement agreement between the City and the applicants of the annexation petition. Staff recommended the public hearing proceed as scheduled and was consistent with the City’s annexation policy. The Mayor Pro Tem opened the public hearing. The following individuals spoke during the public hearing: Glenn Hacker, 904 Hoss Road, Sanger, 76266 - opposed Danny Bays, 882 Hoss Road, Sanger, 76266 – opposed Doug Waring, 722 Doc Holiday Road, Sanger, 76266 - undecided favor or opposed The Mayor Pro Tem closed the public hearing. No action was needed on this item at this time. B. The Council continued a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for a Specific Use Permit to allow a basic utility on approximately 2.5367 acres of land within a Neighborhood Residential 4 (NR-4) zoning district classification and use designation, generally located on the north side of Roselawn Circle, 440 feet north of Roselawn Drive, and legally described as Lot 1, Block A of the Roselawn Elevated Storage Tank Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommended approval (7-0). Mark Cunningham, Director of Planning and Development, stated that this request was for a specific use permit to allow a basic utility (elevated potable water storage tank) on property in a NR-4 zoning district. This was a continuation of a previous public hearing. Council responded to a request from the neighborhood for a neighborhood meeting. Meeting notices were mailed to 1,500 area residents with 14 people attending the meeting on November 13, 2008. The Mayor Pro Tem opened the public hearing. The following individuals spoke during the public hearing: City of Denton City Council Minutes December 2, 2008 Page 12 Alice Gore, 2215 Westwood, Denton, 76205 - spoke in opposition A Comment Card was submitted by Linnie McAdams, 1120 Kendolph, Denton, 76205 in opposition. The Mayor Pro Tem closed the public hearing. Mayor Pro Tem Kamp stated that there had been questions about alternate sites. Frank Payne, City Engineer, stated that a great number of alternate sites had been explored over the past several years. Recently staff had looked at three sites with the current site being the least expensive to develop and was preferred by the property owner. Council Member Thomson felt that there would be a considerable increase in costs with the other sites. Payne replied that he did not have an exact dollar amount for the other sites but projected structural costs could be $500,000 and stranded costs for developing the preferred site would also have to be included. The following ordinance was considered: NO. 2008-299 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A SPECIFIC USE PERMIT TO ALLOW A BASIC UTILITY ON APPROXIMATELY 2.5367 ACRES OF LAND WITHIN A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, GENERALLY LOCATED ON THE NORTH SIDE OF ROSELAWN CIRCLE, 440 FEET NORTH OF ROSELAWN DRIVE, AND LEGALLY DESCRIBED AS LOT 1, BLOCK A OF THE ROSELAWN ELEVATED STORAGE TANK ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. Watts motioned, Moreno seconded to adopt the ordinance with the conditions recommended by the Planning and Zoning Commission. On roll vote, Heggins “nay”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried with a 5-1 vote. ëò×ÌÛÓÍ ÚÑÎ ×ÒÜ×Ê×ÜËßÔ ÝÑÒÍ×ÜÛÎßÌ×ÑÒ A. The Council considered adoption of an ordinance authorizing the City Manager or his designee to execute a real estate contract by and between the City of Denton, Texas and Rayzor Investments, Ltd., and any other documents and conveyances that are necessary to acquire an approximate 2.5367 acre tract of real property in the Asa Hickman Survey, Abstract Number 521, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (Roselawn Area Water Tank) The Public Utilities Board recommended approval (4-0). City of Denton City Council Minutes December 2, 2008 Page 13 The following ordinance was considered: NO. 2008-300 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A REAL ESTATE CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND RAYZOR INVESTMENTS, LTD., AND ANY OTHER DOCUMENTS AND CONVEYANCES THAT ARE NECESSARY TO ACQUIRE AN APPROXIMATE 2.5367 ACRE TRACT OF REAL PROPERTY IN THE ASA HICKMAN SURVEY, ABSTRACT NUMBER 521, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. B. The Council considered adoption of an ordinance of the Council of the City of Denton, Texas approving and adopting the “Greensense Energy Efficiency Rebate Program” (Schedule GRP), which replaces and cancels in its entirety the “Energy Save Program” (Schedule EP); and which “Greensense Energy Efficiency Rebate Program” also amends and revises the provisions of the “Distributed Generation for Renewable Sources” Rider (Schedule DGR) regarding the rates that were previously contained in Ordinance No. 2008-211 which became effective on October 1, 2008; all rates contained in that ordinance otherwise shall remain in full force and effect; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (5-0). Bill Bunselmeyer, Key Accounts Executive, stated that staff had reviewed the existing demand management rate and made revisions to reflect modern technology and made it more comparable with similar incentives provided by other electric providers in Texas. By making this new rebate program available to new construction as well as Denton Municipal Electric’s (DME) existing customers, the GreenSense Energy Efficiency Rebate Program would increase the reduction of future capacity requirements of Denton, heighten awareness of energy conservation, and encourage better use by ratepayers of generating capacity during peak periods. Guidance from the Committee on the Environment included helping to stimulate the growth of photovoltaic applications in Denton. He presented the proposed rates and indicated that currently there was $180,000 for the program. When those funds were gone, there were three alternatives for the program - ask for more money from Council, not have any more rebates until the next year or find other sources for funding. Ed Soph, 1620 Victoria Drive, Denton, 76209 spoke in favor of the proposal. The following ordinance was considered: NO. 2008-301 AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AND ADOPTING THE “GREENSENSE ENERGY EFFICIENCY City of Denton City Council Minutes December 2, 2008 Page 14 REBATE PROGRAM” (SCHEDULE GRP), WHICH REPLACES AND CANCELS IN ITS ENTIRETY THE “ENERGY SAVE PROGRAM” (SCHEDULE EP); AND WHICH “GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM” ALSO AMENDS AND REVISES THE PROVISIONS OF THE “DISTRIBUTED GENERATION FOR RENEWABLE SOURCES” RIDER (SCHEDULE DGR) REGARDING THE RATES THAT WERE PREVIOUSLY CONTAINED IN ORDINANCE NO. 2008-211 WHICH BECAME EFFECTIVE ON OCTOBER 1, 2008; ALL RATES CONTAINED IN THAT ORDINANCE OTHERWISE SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. C. The Council considered approval of a resolution of the City Council of the City of Denton, Texas, authorizing the purchase of dry kiln cement as the base bid; assigning preferential purchase priority for cement produced with emission rates of 1.7 pounds of nitrogen oxides NOx) per ton of clinker or less; requesting the City Manager to provide a report on the results of these bid specifications in approximately 12 months from the effective date of this resolution; and providing an effective date. The Committee on the Environment recommended approval (2-0). Kenny Banks, Environmental Quality Manager, stated that green cement was manufactured using processes that minimized nitrogen oxide emissions. Council had received a briefing in June and staff compiled additional background information on green cement policies and how these policies interact with the ozone non-attainment concerns of the Dallas-Fort Worth Metroplex and surrounding areas. The issues associated with ozone non-attainment included impacts to human health and the potential loss of federal highway dollars. The Committee on the Environment had considered this item in September and recommended staff conduct additional research, including discussions with vendors, contractors, and staff involved in cement purchases, as well as obtaining information from other municipalities, in order to better understand the issues associated with adopting a green cement purchasing policy. Since Wednesday there had been a change in the situation associated with this item. Ash Grove Texas had filed a lawsuit involving cities that had passed similar resolutions. The City Attorney would address issues regarding the litigation. Speaker Cards were received from the following: Peggy LaPoint, 1900 Highland Park Circle, Denton, 87205 - in favor of the resolution Ed Soph, 1620 Victoria Drive, Denton, 76209 - in favor of the resolution John Rath, 1537 Country Forest Court, Grapevine, 76251 - in favor of the resolution Jim Schermbeck, 112 W. Garza, Slaton, 79364 - in favor of the resolution Comment cards in support of the resolution were submitted by: Vivian Casper, P.O. Box 50272, Denton, 76206 Mike Mizel, 800 Edgewood Place, Denton, 76209 City of Denton City Council Minutes December 2, 2008 Page 15 Linnie McAdams, 1120 Kendolph Drive, Denton, 76205 Vicki Oppenheim, 600 Windfields, Denton, 76209 Bruce Berg, 1202 Oakwood, Denton, 76205 City Attorney Burgess stated that litigation was filed in Dallas Federal Court regarding similar resolutions passed by other entities. Staff had not had an opportunity to look closely at the litigation. She was recommending that Council not pass the resolution this evening to give staff time to look at the litigation. Council Member Heggins stated that she was in agreement with the resolution but must follow the legal advice to study the issue before approval. Council Member Watts asked for a date when staff might have a comment on the issue. This was an important situation and Council needed to have a response as soon as possible. City Attorney Burgess stated that it could be on the Council’s closed session on the next agenda. th Council Member Mulroy motioned to defer the item to the December 9 Closed Session. The goal was to formulate a resolution that supported the issue but with language that was prudent in legal terms. The resolution would be for the purchasing of cement as discussed in the Work Session. City Attorney Burgess stated that the provision in the Local Government Code would be incorporated. City Manager Campbell stated that the item would be posted for a discussion in closed session. Council could then review the legal implication and take action, if desired, under the agenda item for official action on executive session items. As this was already Tuesday, the next agenda would be completed in three days and he wanted to give staff and council enough time to complete the issue. Mayor Pro Tem Kamp felt that Council was comfortable with amount of information received for a resolution. Mulroy motioned, Watts seconded to remove Item 5C as written from consideration and direct Legal to take the first step towards an alternate resolution by posting a closed session item on the next agenda with an open meeting item for possible consideration using the 5% preference provision. Then take the next exploratory steps for circumstances beyond that. Council Member Watts questioned what would have to be done if Council wanted to move forward with a resolution beyond the 5%. City Attorney Burgess stated that the issue would be the posting requirement. Council might want to consider a discussion in closed session and then give staff an opportunity to draft a resolution based on that discussion. Council Member Watts indicated that he wanted the flexibility to move forward if desired once they completed the closed session discussion. City of Denton City Council Minutes December 2, 2008 Page 16 City Attorney Burgess stated that public notice had to be given on any action the Council was going to consider. Staff would post the item to allow Council the greatest flexibility. Council Member Mulroy indicated that his motion was for the minimal that Council could consider and not be challenged. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. D. The Council considered adoption of an ordinance creating Article XI of Chapter 28 of the Code of Ordinances of the City of Denton, Texas; in order to establish the minimum standards for installation of irrigation systems within the corporate limits of the City and the extraterritorial jurisdiction; providing for a severability clause; repealing all ordinances in conflict therewith; providing for a criminal penalty, Class C misdemeanor not to exceed two thousand dollars ($2,000.00) for violation of the code; and providing for an effective date. Mark Cunningham, Director of Planning and Development, stated that House Bill 1556 required municipalities with a population of 20,000 or more to adopt a landscape irrigation ordinance with requirements at least as stringent as TCEQ rules. The proposed ordinance intended to meet those requirements. Council Member Watts asked for clarification that a property owner could do work on his own residence but if it were rental property, he could not do repairs without a license. Kurt Hanson, Building Official, stated that a full-time maintenance person could do repairs without a license. The following ordinance was considered: NO. 2008-302 AN ORDINANCE CREATING ARTICLE XI OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; IN ORDER TO ESTABLISH THE MINIMUM STANDARDS FOR INSTALLATION OF IRRIGATION SYSTEMS WITHIN THE CORPORATE LIMITS OF THE CITY AND THE EXTRATERRITORIAL JURISDICTION; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR A CRIMINAL PENALTY, CLASS C MISDEMEANOR NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR VIOLATION OF THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. E. Citizen Reports 1.Council had a review of procedures for addressing the City Council. City of Denton City Council Minutes December 2, 2008 Page 17 2.Council received citizen reports from the following: A.Bob Clifton regarding the Legal Department. Mr. Clifton spoke regarding a citizen committee to consider Charter revisions. He also spoke about the ethics of the Legal Department. He noted that Sawko and Burroughs had sent him a delinquent tax notice. F. 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. There were no items presented. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action taken on Closed Session items. With no further business, the meeting was adjourned at 8:53 p.m. ________________________________ PETE KAMP MAYOR PRO TEM CITY OF DENTON, TEXAS _________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 9, 2008 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 9, 2008 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem Kamp; Council Members Moreno, Mulroy, Thomson, and Watts. ABSENT: Mayor Burroughs and Council Member Heggins 1.Staff responded to requests for clarification of agenda items listed on the agenda for December 9, 2008. Council Member Mulroy questioned if Item 3K relative to the sidewalks near Guyer High School was coordinated with the DISD. Howard Martin, Assistant City Manager, stated yes that the staff had been meeting with the DISD and developing priorities and construction activities at Guyer. They had not reviewed these specific plans but they knew that the City was moving forward with the temporary sidewalks. Council Member Mulroy requested amendments to the November 4, 2008 minutes. Page 32, fourth paragraph from the bottom stated that “the overpass was sufficient. It should state it was “insufficient”. Page 34, second paragraph from the bottom spoke regarding staff not being in support of a variance in the future. The minutes showed a response by staff but he would like an amendment that Council requested affirmation that staff would not support a variance. Council Member Watts requested that his response during the regular session on Item 3R be included verbatim in the minutes. This was located on page 11 of the minutes. 2.Council received a report, held a discussion, and gave staff direction regarding projects to th be included in Denton’s 111 Congress, 1st Session Congressional Priority Project requests, and st the 2009 State Legislative Program of the City of Denton, for the 81 Texas Legislature. John Cabrales, Public Information/Intergovernmental Relations, presented information on key legislative issues for the 2009 State and Federal Legislative Program. The proposed congressional priorities were the same as the three from last year dealing with the Municipal Airport, the Downtown development and the Public Safety Training Facility. The state legislative program included Denton’s key issues as identified by council and staff. Adoption of this program would allow city representatives to work with state legislators on supporting and opposing legislation that would accomplish the city’s goals. It also gave city representatives the ability to react quickly to proposed legislation and authority to enter testimony on these issues on behalf of the city. The proposed document had been slightly modified since the agenda backup to include Denton’s highest legislative priorities. Council Member Mulroy questioned how the city would fund some of the proposed legislative if it were outside the city limits. City Manager Campbell stated that there were no budgetary considerations with these proposals. They were statements of philosophy on what to oppose or support and did not address budget. Cabrales indicated that another issue to address was air quality issues in Denton. A section would be added to the legislation packet related to environmental quality and public health. This would go in the body of the legislation but not on the list of high priorities. City of Denton City Council Minutes December 9, 2008 Page 2 Council Member Moreno asked how the documents were developed. Cabrales stated that staff used issues from past sessions but also discussed pressing issues and how they affected operations with the city’s Leadership Team, worked with TML and other cities for areas of concern plus identified issues with Hillco, the city’s lobbyist group. City Manager Campbell stated that staff was trying to identify issues that might come up before the legislature and during that time when it might be difficult to get back to Council with the items. They were trying to cover all issues that might come up and get prior direction from Council on how to respond. Cabrales added that there were times when the legislature might challenge a speaker whether he was there personally or representing a city and passage of the resolution would show that the individual was representing the City and Council. Council Member Mulroy questioned what was Senate Bill 5. Cabrales replied that it was the telecom bill. th Council Member Mulroy stated that the 5 bullet point on page 6 talked about auditing taxpayer’s records. He indicated that he would not support legislation for the city to be another layer of government and have to start a sales tax regiment throughout the community. He felt there should be a just cause for the city to do an audit. Brian Langley, Director of Finance, stated that this audit piece looked at local businesses if they relocated sales tax. Council Member Mulroy replied that there would not be a separate level to that audit. Langley replied correct. An audit would be done only when there were questions on a specific business. Council Member Mulroy received clarification of several other points included in the State legislative program. Consensus of the Council was to proceed with the proposed programs. 3.The Council received a report, held a discussion and gave staff direction to evaluate continued collection of fees for engineering review of development projects by staff development review engineers; for those development review tasks that were performed by Freese & Nichols, Inc. prior to the approval of the new contract on November 4, 2008. PS Arora, Assistant Director of Wastewater Utilities, stated that in 2005 the engineering firm Freese and Nichols was retained to provide development review engineering services. In 2008 the contract went out for another request for proposal and the outcome of the selection process was to again award the contract to Freese and Nichols. The current engineering tasks included review of preliminary plats, final plats, traffic impact analysis, Conditional Letters of Map Revision, and Letters of Map Revision. Several of those tasks were eliminated in the 2008 contract. Prior to staff engaging the consultant in fee negotiations, Council had approved a new Senior Engineer position for development review in the FY 09 budget. The existing City of Denton City Council Minutes December 9, 2008 Page 3 Development Review Administrator position that was occupied by an engineer was converted to a Senior Engineer position which resulted in two Senior Engineer positions that were available for development review. Scope negotiations with Freese and Nichols were conducted to bring some of the engineering tasks in-house for development review and tasks were deleted from the Freese and Nichols contract. Those were tasks that the two Senior Engineers would now do. If those tasks stayed with Freese and Nichols, the cost would be $211, 899; however, the proposed fees would be $156,000. The new fees would come back to the City. Staff was not asking to change any fees just to continue to charge the fees. Council Member Watts asked how the $156,000 compared to what the two positions were costing. Arora stated that the developers were paying the fee anyway except that now the fee would come to the City instead of Freese and Nichols. Council Member Mulroy stated that the City would be taking over tasks in-house at a 2005 rate which would save developers money. He asked if those fees were adequate. Arora stated that staff would need more time to study the fees to make sure they were adequate. Staff was recommending forwarding this item to Council in January for approval. Consensus of the Council was to proceed with the staff recommendation. 4.The Council received a briefing, held a discussion and gave staff direction regarding proposed amendments applicable to the Rayzor Ranch Overlay District on approximately 410 acres of land, generally located on both sides of West University Drive / U.S. Highway 380, and being generally located between IH-35 and Bonnie Brae Street. The briefing would focus on the subject of Trade Dress as it applies to this Overlay District. (Z06-0029 and Z06-0030, Rayzor Ranch) Chuck Russell, Planning Supervisor, stated that the briefing would focus on Trade Dress as it applied to the Rayzor Ranch overlay district. Staff had been working with the applicant and among themselves but at this time there was no definite resolution ready for Council consideration. Staff was comfortable keeping the current structure for next several months. He indicated that the issue also involved the sign district with the focus currently on the north side of Highway 380. The provisions would deal with the design of inline development and outparcels. He reviewed the definition of trade dress which included letters, background color and structural provisions. The approved national trade dress criteria included (1) tenant identification signage, materials, entry treatments and architectural features and must be part of a national identity; (2) tenant’s logo and identifying colors that did not have to match architectural color palette for Rayzor Ranch; (3) could not extend beyond the façade of the building; (4) could not exceed 25% of the total area of the façade for each tenant; (5) wall signage must be incorporated into the Trade Dress and could not exceed 20% of the total area of the façade; and (6) corner and freestanding buildings would be allowed to have trade dress on all facades. He reviewed the approved color palette for Rayzor Ranch which did not include some of the colors of the national trade dress. New topics staff and the applicant were considering included (1) whether to regulate trade dress through an overlay district or a sign district; (2) should trade dress include signs; (3) was 25% non-palette approved color too much; (4) should trade dress be limited to the main entrance area; City of Denton City Council Minutes December 9, 2008 Page 4 (5) should buildings less than 8,000 square feet be exempt; (6) should structural trade dress elements be approved at the building permit; and (7) should corner and freestanding buildings be allowed to have 25% trade dress on all facades. Council Member Watts asked if staff was comfortable with the current conditions in the ordinance. Russell replied yes that the applicant was committed to bringing forward all elevations for staff to review. Mayor Pro Tem Kamp asked if the new topics of discussion would be considered at the standing Rayzor Ranch meetings. Russell replied yes. Council Member Moreno asked why an overlay district could not be used to enforce regulations. Russell replied that it might be headed back to an overlay district for enforcement. Trade dress included signs, architecture and color. It may be that signage should be separate from trade dress but the biggest hang up was procedures versus standards. 5.The Council received a briefing, held a discussion and gave staff direction on the proposed amendments to Subchapter 18 “Land Disturbing Activities” of the Denton Development Code (DDC). The Planning and Zoning Commission recommended approval (7- 0). Mark Cunningham. Director of Planning and Development, stated that this issue was discussed last week with Council and would provide answers to Council’s questions from the prior presentation. #1 - Would un-platted lots or lots that had been in the same configuration since 1960 and considered “lots-of-record” need to be platted before obtaining a land disturbing permit to address drainage issues. Wording was added that the City’s Drainage Engineer could issue a land disturbance permit for un-platted parcels to improve drainage and promote compliance with standards relating to flood prevention and erosion control. #2 – Provide a history of the public input received by stakeholders regarding this proposed amendment. Staff met with developers, builders and an environmental leader to gather insight on how to proceed with the land disturbing code revisions. Council Member Watts asked if the stakeholders group had seen this information presented to Council as they had not met since May of 2007. Cunningham stated that what was initially forwarded to the Planning and Zoning Commission had been agreed to by the stakeholders group. #3 – The decrease from 100 cubic yards for non-residential to 25 cubic yards was significant. Provide an explanation of why 25 cubic yards was proposed for non-residential developments. 25 cubic yards was equal to two dump loads of dirt and that amount of dirt might possibly impact City of Denton City Council Minutes December 9, 2008 Page 5 a residential development. The proposed wording was changed to 50 cubic yards for non- residential projects. #4 – Who and how the temporary stabilization measures would be enforced. Wording was added to the proposal stating that the Director of Water/Wastewater would ensure that temporary stabilization measures were appropriately established. #5 – Provide a definition of geotextile. Geotextile was a synthetic permeable fabric that provided filtration, separation, and stabilization properties when applied to soil surfaces, and had the ability to reduce erosion and sedimentation due to rain or a storm event. Cunningham stated that the public hearing would have the noted changes incorporated into the proposed ordinance. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:30 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A.Consultation with Attorneys – Under Texas Government Code Section 551.071. 1.Received legal advice and information from the City's attorneys pertaining toAsh Grove Texas, L.P. v. City of Dallas, City of Forth Worth, City of Arlington, City of Plano, Dallas County Schools, and Tarrant County, Case 3:08-CV-02114-O, and matters related thereto, wherein litigation against the City of Denton is contemplated and threatened. Discuss, deliberate, and provide the City's attorneys with direction and any recommendations regarding such legal matters. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Regular Meeting of the City of Denton City Council on Tuesday, December 9, 2008 at 6:30 p.m. in the Council Chambers at City Hall. ïòÐÔÛÜÙÛ ÑÚ ßÔÔÛÙ×ßÒÝÛ The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. îòÐÎÑÝÔßÓßÌ×ÑÒÍñÐÎÛÍÛÒÌßÌ×ÑÒÍ A. Proclamations/Awards 1. Presentation of Life Saving Award to Officer Jared Stevenson. Mayor Pro Tem Kamp and Police Chief Minter presented a Life Saving Award to Officer Jared Stevenson for his saving the life of a car accident victim. City of Denton City Council Minutes December 9, 2008 Page 6 íò ÝÑÒÍÛÒÌ ßÙÛÒÜß Council Member Mulroy asked that Item 3G be pulled for separate consideration. Bob Clifton submitted Speaker Cards for Item 3I, J, K, L, M and N. He felt that too much money was being spent for these items. Watts motioned, Thomson seconded to adopt the Consent Agenda and accompanying ordinances and resolutions with the exception of Item 3G. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. Item 3G was considered. Frank Payne, City Engineer, stated that the agreement had been modified to include the project name. Mulroy motioned, Watts seconded to approve Item 3G. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. A. R2008-040 - A resolution of the City of Denton, Texas, adopting the City of th Denton’s 111 Congress, 1st Session Congressional Priority Projects; providing a repealer; and providing an effective date. B.R2008-041 - A resolution of the City of Denton, Texas, adopting the City of st Denton's 2009 State Legislative Program for the 81 Texas Legislature; providing a repealer; and providing an effective date. C.2008-303 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Tomas Rivera Elementary School for the purpose of assisting with school supplies; providing for the expenditure of funds; and providing for an effective date. ($500) D.2008-304 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Festival Foundation for Supplemental Funding for the Arts and Jazz Committee for the 2009 Denton Arts and Jazz Festival; providing for the expenditure of funds therefor; and providing for an effective date. ($1,850) E.2008-305 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Historical Park Foundation for the purpose of installing a steel door in the Welcome Center in the Historical Park; providing for the expenditure of funds; and providing for an effective date. ($1,100) F.2008-306 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Police Officers Association the purpose contributing to their non-profit charitable organization called “Shop with A Cop” which helps needy children shop for things they need and want for Christmas; providing for the expenditure of funds; and providing for an effective date. ($700) City of Denton City Council Minutes December 9, 2008 Page 7 G.2008-307 - An ordinance approving an Interlocal Cooperation Agreement (ICA) in the amount of $750,000.00 between the City of Denton and Denton County for the construction of intersection improvements and the installation of a traffic signal at the intersection of FM 2181 and Old Alton Road within the municipal limits of the City and Denton County Commissioner Precinct #1, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. H.2008-308 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network, Texas Multiple Award Schedule (TXMAS) Program as awarded by the State of Texas Building and Procurement Commission and US Communities Purchasing Alliance for the acquisition of new and refurbished furniture for the City of Denton South Branch Library by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4157– Interlocal Agreement for the purchase of furniture for the South Branch Library in the amount of $ 282,005.60). I.2008-309 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Bomb Squad Response Truck for the City of Denton Fire Department by way of an interlocal agreement with the City of Denton; and providing an effective date (File 4219–Bomb Squad Response Truck for City of Denton Fire Department awarded to Grande Truck Center in the amount of $162,640). J.2008-310 - An ordinance amending Ordinance 2008-091 approved on May 6, 2008, so as to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Petteril 320 chassis with tandem axles by way of an interlocal agreement with the City of Denton; and providing an effective date (File 4220–Side Load Refuse Truck Chassis for Solid Waste Department awarded to Rush Truck Centers of Texas LP in the amount of $129,300). The Public Utilities Board considered this item on December 8, 2008. K.2008-311 - An ordinance accepting competitive bids and awarding a public works contract for the construction of pedestrian path on Teasley Lane/FM 2181; providing for the expenditure of funds therefor; and providing an effective date (Bid 3966–Teasley Lane/FM 2181 Pedestrian Way awarded to Lands Construction in the amount of $226,988). L.2008-312 - An ordinance accepting competitive bids and awarding a public works contract for the construction of landscape and sidewalk improvements for the Unicorn Lake project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4177–Unicorn Lake Landscape and Pedestrian Improvements Project awarded to Calvert Paving Corporation in the amount of $654,538). City of Denton City Council Minutes December 9, 2008 Page 8 M.2008-313 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of software and services for the deployment of an electronic citation package from Brazos Technology Corporation, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4084–Purchase of Electronic Citation Package for Police Department in the amount of $127,500). N.2008-314 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the repair of a Caterpillar Model DOT Dozer for the City of Denton Landfill from Holt CAT, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4221–Dozer Repair for City of Denton Solid Waste Department in the amount of $92,705.82). The Public Utilities Board considered this item on December 8, 2008. O. 2008-315 - An ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of Ponder Veterinary Hospital to provide sterilization and rabies vaccination services for the City of Denton Animal Services Center; authorizing the collection of funds therefor as reflected in the fee ordinance; and providing an effective date. P. Approved an exception to the Noise Ordinance for the purpose of amplified sound for a Christmas celebration program held on the Downtown Courthouse lawn. The event will be on Saturday, December 20, 2008, from 1:00 p.m. until 5:00 p.m. The exception is specifically requested for an increase of decibels for amplified sound from 65 to 70 decibels. Q. 2008-316 - An ordinance of the City of Denton, Texas, correcting, nunc pro tunc, an inadvertent mistake in Ordinance No. 2008-134, specifically its amendment of Subchapter 35.15.10.6 of the Denton Development Code. R. Approved the minutes of November 4, 2008. Mayor Pro Tem Kamp stated that staff had requested that Item 4F be removed from consideration. If no one was present for the item, it would not be considered. She noted that no one indicated an interest in the item so that it would be removed from the agenda and brought back when additional information was collected and the item re-advertised. Thomson motioned, Mulroy seconded to remove Item 4F from the agenda. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. City of Denton City Council Minutes December 9, 2008 Page 9 ìòÐËÞÔ×Ý ØÛßÎ×ÒÙÍ A. The Council held a public hearing and considered adoption of an ordinance granting approval of the use of a portion of the North Lakes Park for the purpose of water line improvement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for an easement; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (7-0). Bob Tickner, Parks Planning Manager, stated that this public hearing was required when park land would be used for non-park uses. The non-park use would be for a water line improvement along the edge of the park. The Parks, Recreation and Beautification Board had recommend approval. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2008-317 AN ORDINANCE GRANTING APPROVAL OF THE USE OF A PORTION OF THE NORTH LAKES PARK FOR THE PURPOSE OF WATER LINE IMPROVEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR AN EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Watts seconded to adopt the ordinance as presented. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. B. The Council held the second of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the voluntary annexation and service plan for approximately 868.29 acres, located in the City’s Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation was in multiple ownerships, and consisted of two distinct areas, as presented in Exhibit 1. The first area (annexation area #1) was approximately 24.94 acres in size and was generally located between the City’s current northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) was approximately 843.35 acres and was generally located east of FM 2164 and north of Shepard Road.(A08-0001, JNC Properties Annexation) Mark Cunningham, Director of Planning and Development, stated that this was the second of two City Council public hearings. This was a voluntary annexation of approximately 868.29 acres consisting of various ownerships and two separate areas. The purpose of the annexation was to annex the properties to eventually develop them along with the other JNC properties to the east as a Master Planned Community. The site contained approximately 24 parcels being City of Denton City Council Minutes December 9, 2008 Page 10 used for agricultural and rural residential. Three letters of opposition were received with this proposal; two were received in favor and one neutral response. Staff found the request to be consistent with the city’s annexation policy and recommended that the public hearing proceed as scheduled. The Mayor Pro Tem opened the public hearing No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. No action was required on this item at this time. Mayor Pro Tem Kamp stated that a clarification was needed on the Consent Agenda Items. The motion to approve should have included the revisions to the minutes as noted in the Work Session and the change in Item 3G contract wording. A motion was needed for reconsideration. Mulroy motioned, Watts seconded to reconsider the Consent Agenda. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. Thomson motioned, Watts seconded to approve the Consent Agenda and accompanying ordinances and resolutions plus the amendments to the minutes and Item 3G contract. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending Subchapters 5 and 23 of the Denton Development Code; revising the definitions of Elementary, Middle and High School; Defining Charter School; Deleting a definition for School, Public or Private; Permitting Elementary, Middle and High Schools within the Community Mixed Use General (CM-G) and Community Mixed Use Employment (CM-E) zoning districts; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (DCA08-0007) The Planning and Zoning Commission recommended approval (6-0). Mark Cunningham, Director of Planning and Development, stated that this was a staff initiated wording amendment. The purpose was to revise existing definitions for elementary, middle and high schools to include a reference to public and charter schools, reference the Texas statute requirements for public schools, delete the current definition “Schools, Public or Private”, create a definition for Charter Schools, and amend the use table of Subchapter 5 to allow elementary, middle and high schools within the CM-G and CM-E zoning districts. This amendment was a result of a request by University Behavioral Health and Legends Academy for a charter school. The Planning and Zoning Commission had asked staff to work with the applicant for consideration of a restrictive overlay. Through discussions with the applicant, staff determined that a Denton Development Code text amendment was appropriate and would eliminate confusion with implementation. The Development Review Committee and Planning and Zoning Commission recommended approval of the proposed changes. The Mayor Pro Tem opened public hearing. City of Denton City Council Minutes December 9, 2008 Page 11 Larry Reichhart, representing UBH and Legends Charter School, spoke in support of proposal. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2008-318 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 5 AND 23 OF THE DENTON DEVELOPMENT CODE; REVISING THE DEFINITIONS OF ELEMENTARY, MIDDLE AND HIGH SCHOOL; DEFINING CHARTER SCHOOL; DELETING A DEFINITION FOR SCHOOL, PUBLIC OR PRIVATE; PERMITTING ELEMENTARY, MIDDLE AND HIGH SCHOOLS WITHIN THE COMMUNITY MIXED USE GENERAL (CM-G) AND COMMUNITY MIXED USE EMPLOYMENT (CM-E) ZONING DISTRICTS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS, THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. D. The Council held a public hearing and considered the adoption of an ordinance of the City of Denton, Texas regarding amendments to the Rayzor Ranch Special Purpose Sign District encompassing approximately 410 acres of land located generally on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street; providing a severability clause; providing a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clause and an effective date. (SD07-0001) The Planning and Zoning Commission recommended approval (7-0). Chuck Russell, Planning Supervisor, presented information on the special sign district changes. The proposal would affect the pylon sign plan for the area north of Highway 380. Four signs were included in the plan located at the main entrances of the development. Staff reviewed the proposal against the architectural standards of Rayzor Ranch and found them to be compatible with those standards and the standards with the special sign districts. The Mayor Pro Tem opened public hearing. Rob Baldwin, representing Rayzor Ranch, spoke in favor. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2008-319 AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING AMENDMENTS TO THE RAYZOR RANCH SPECIAL PURPOSE SIGN DISTRICT ENCOMPASSING APPROXIMATELY 410 ACRES OF LAND LOCATED City of Denton City Council Minutes December 9, 2008 Page 12 GENERALLY ON BOTH SIDES OF U.S. HIGHWAY 380 (WEST UNIVERSITY DRIVE), BETWEEN INTERSTATE HIGHWAY 35 AND BONNIE BRAE STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, regarding amendments to Subchapter 18 “Land Disturbing Activities” of the Denton Development Code (DDC); providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA06-0010) The Planning and Zoning Commission recommended approval (7-0). Mark Cunningham, Director of Planning and Development, stated that the purpose of the proposed ordinance was to streamline the review and approval process for land disturbing permits. The proposal had been discussed in the Council Work Session on December 2 with a follow-up earlier in the meeting. Staff and the Planning and Zoning Commission recommended approval. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2008-320 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING AMENDMENTS TO SUBCHAPTER 18 “LAND DISTURBING ACTIVITIES” OF THE DENTON DEVELOPMENT CODE (DDC); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. Watts motioned, Mulroy seconded to adopt the ordinance as presented. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. F. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amendments to Subchapters 6, 12 and 13 of the Denton Development Code. The amendments included are to clarify standards and regulations regarding SUP revocation, yard measurements, accessory buildings and structures general regulations, expansion applicability, preservation and mitigation requirements for infill lots, light and glare performance requirements, and site development requirements for residential buildings; providing for a City of Denton City Council Minutes December 9, 2008 Page 13 penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA08-0002) The Planning and Zoning Commission recommends approval (6-0). This item was not considered. ëò×ÌÛÓÍ ÚÑÎ ×ÒÜ×Ê×ÜËßÔ ÝÑÒÍ×ÜÛÎßÌ×ÑÒ A. The Council considered approval of a resolution authorizing the giving of a preference to goods and services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality or requiring that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality if otherwise meeting the requirements of TEX. LOC. GOV'T CODE Section 271.907; and providing for an effective date. Ken Banks, Environmental Quality Manager, stated that this item was a continuation from the prior week relating to the purchase of green cement. Speaker cards were submitted by: Ed Soph, 1620 Victoria Drive, Denton, 76209 – opposed as written and suggested a compromise. Jim Schermbeck, 112 W. Garza, Slaton, 79364 – in favor and continue on course A Comment card was submitted from Peggy LaPoint in support of the resolution. The following resolution was considered: R2008-042 A RESOLUTION AUTHORIZING THE GIVING OF A PREFERENCE TO GOODS AND SERVICES OF A VENDOR THAT DEMONSTRATES THAT THE VENDOR MEETS OR EXCEEDS ANY STATE OR FEDERAL ENVIRONMENTAL STANDARDS, INCLUDING VOLUNTARY STANDARDS, RELATING TO AIR QUALITY OR REQUIRING THAT A VENDOR DEMONSTRATE THAT THE VENDOR MEETS OR EXCEEDS ANY STATE OR FEDERAL ENVIRONMENTAL STANDARDS, INCLUDING VOLUNTARY STANDARDS, RELATING TO AIR QUALITY IF OTHERWISE MEETING THE REQUIREMENTS OF TEX. LOC. GOV'T CODE SECTION 271.907; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. B. Citizen Reports 1.The Council held a Review of procedures for addressing the City Council. City of Denton City Council Minutes December 9, 2008 Page 14 2.The Council received citizen reports from the following: A.Chris Wall regarding proposal for Denton Skate Park. Mr. Wall presented a proposal for a free public skate park in Denton. The current park was too small and unidirectional, had an admission fee and limited hours of operation and was costly to maintain. He showed examples of parks in other cities that were more versatile and had flexible hours. A proposed solution was a new concrete skate park, no admission fee, and full access in the day time and lights at night. Such a proposed park would better serve the community and be an attraction for Denton. It should also be designed by a company that knows about skateboarding. B.Heidi Marshall-Greene regarding Alliance for Children & Families of Denton County. Ms. Marshall-Greene, Project Director for Alliance for Children & Family of Denton County, presented information on her agency. C.Bob Clifton regarding the interactive spatial relationship between the citizens of Denton and the Denton ISD; the irrelevancy of the municipal airport; the subtle influence of economic development; the lack of animal services; the overreach of Code Enforcement and its logical removal to the Police Department; community development in relation to the economic development agenda; outsourced engineering; ineffectual customer service online; diversion of funds from Charter Cable's payments to the general fund instead of to DTV Broadcasting, emasculation of the city's Boards and Committees; Dyno Products being sold in unauthorized zoning areas; environmental quality issues without actual confrontation with polluters; the junking of the Development Code; the probable restructuring of building inspections; laughable garbage collection; a dearth of health and safety programs; inconsequential and bloated libraries with overpaid librarians; crazy-quilted neighborhood services; the waste of taxpayer money spent on an annual Citizen Update; the illegal subsidization of the Chamber of Commerce; dissolution of internal audit; outrageous expenditures in the Parks & Recreation Department; the tampering with the City Charter along with useless and unenforceable Code of Ordinances; incompetent planning for the city; the out of control property taxes; the necessity for the abolition of the City Auditor's office; inferior public transportation controlled by the two universities and DCTA; the archaic Development Code in coordination with the comprehensive plan; non-serious recycling policies; the City Council; street bond money disappearing; utilities stroking the general fund; fire department hiring policies; oversight (or lack of) in purchasing; the City Manager's office; erratic historic preservation; a self-supporting municipal court; reorganization of the Police Department. Conversely, the intensely and closely-monitored integer of the above. City of Denton City Council Minutes December 9, 2008 Page 15 Mr. Clifton spoke regarding Loop 288 construction, the Denton Municipal Electric new building, Fry Street Development, the Hickory Substation, dumpsters, the electronic sign at the Civic Center, code enforcement, the Rayzor Ranch development, and erosion control with drainage fees. C. 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. There were no items for consideration. D. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. E. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action taken on Closed Meeting items. With no further business, the meeting was adjourned at 8:04 p.m. _______________________________ PETE KAMP MAYOR PRO TEM CITY OF DENTON, TEXAS _______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: January 6, 2009 DEPARTMENT: Community Development ACM: Fred Greene SUBJECT Consider approval of an ordinance of the City Council of the City of Denton, Texas, approving the third amendment to that agreement between the City of Denton and the Denton Affordable Housing Corporation; authorizing the City Manager to execute the third amendment; and providing for an effective date. BACKGROUND Last June, the City Council approved the 2008 Action Plan for the use of Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funding. The Action Plan included the allocation of $78,684 to the Denton Affordable Housing Corporation (DAHC) for the Affordable Housing Opportunity Program. Under this program, DAHC purchases housing units that are in need of repair. The units are renovated and sold to low and moderate-income households. Down payment and closing cost assistance is available under the program. The amendment also updates the requirements regarding program proceeds. Currently, HOME proceeds generated from the sale of assisted housing, must continue to be tracked and used for HOME-eligible activities upon each subsequent use. This is not required under the HOME Program regulations. The amendment will continue to require the tracking of program proceeds upon their initial use. The initial use of program proceeds must support a HOME-eligible activity. However, after the initial use, the funds will no longer be tracked and DAHC may choose to use the funds for housing programs and/or salaries, operating costs, etc. PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee recommended approval of the 2008 Action Plan which included provision of the additional $78,684 in funding. On June 3, 2008, City Council approved a resolution authorizing the City Manager to sign and submit the 2008 Action Plan to the U.S. Department of Housing & Urban Development. FISCAL INFORMATION The additional $78,684 that will be allocated to DAHC is 2008 HOME funding. OPTIONS 1. Approve as submitted. 2. Deny and request revisions to the amendment. RECOMMENDATION Staff recommends approval of the Third Amendment to the DAHC Agreement. EXHIBITS 1. Ordinance 2. Third Amendment Respectfully submitted: Mark Cunningham, AICP, CPM Director of Planning and Development Prepared by: Barbara Ross Community Development Administrator AGENDA INFORMATION SHEET AGENDA DATE: January 6, 2009 DEPARTMENT: Fire ACM: Fred Greene SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. BACKGROUND The Interlocal Agreement for ambulance service between the City of Denton and Denton County began in 1980 and provides for emergency medical service to Denton County within the designated area (see map in Agreement). Each year a new agreement and ordinance is presented to the Denton City Council for the next fiscal year approving the fee the County will pay to the City of Denton for service using a County-wide funding formula based on population served, number of ambulance calls in the County area and the rural square miles in the County. The population and mileage figures used are based on numbers obtained from the North Central Texas Council of Governments. This ongoing Interlocal Agreement which also includes review by the Denton County Fire Chiefs Association as well as approval by the Commissioners Court as part of their budget process. After the City of Denton signs the Agreement, the County Commissioners take their official action. Even though the contract is approved after its starting date, the Agreement still remains effective from October 1, 2008 with no reductions in revenues. The total estimated fee of $120,798.92 as the City of formula of 33% for readiness; 33% for number of runs; and 33% for rural square miles with the following estimated ratios: 1. A fixed readiness sum based on $0.6242 per capita for an estimated maximum amount of $69,257.33. 2. A fixed sum of $296.5328 per ambulance run estimated to be 125 runs for an estimated maximum amount of $37,066.61. This sum is based upon the number of runs made in the County areas for fiscal year 2008. 3. A fixed sum based on 22.40 rural miles in the agreed operating territory for an estimated maximum amount of $14,474.89. Agenda Information Sheet January 6, 2009 Page 2 The City of Denton lost the Small City Ambulance contract with Krum in 2005/2006 and lost the contract with Sanger beginning October 1, 2006. The City also lost some rural square miles when the Argyle Fire Department formed an Emergency Services District (ESD) in 2007. This resulted in a loss of population, calls and rural square miles compared to 2006 and 2007 as indicated in Table 1. Ü»²¬±² ݱ«²¬§ ß³¾«´¿²½» Ú«²¼·²¹ ó îððë ¬± îððç îððë îððê îððé îððè îððç ÎÛßÜ×ÒÛÍÍó ÐÑÐËÔßÌ×ÑÒæ ݱ«²¬§ б°«´¿¬·±² ëðïôçéë ëêíôðìð ëíçôèêí ìéïôëëè ìêìôëéç Ü»²¬±² б°«´¿¬·±² ïðçôïêî ïîìôçëé ïððôçëð ïïðôçëí ïïðôçëð îïòéû îîòïû ïèòéû îíòëû îíòçû ݱ«²¬§ Ú«²¼·²¹ Ú±®³«´¿ כּ ðòìèìè ðòìéíê ðòëìðí ðòêïèë ðòëìðð ݱ«²¬§ λ¿¼·²» Ú«²¼·²¹ ̱¬¿´ üîìíôííí üîêêôêêê üîçïôêêê üîçïôêêê üîçðôððð λ¿¼·²» Ú«²¼·²¹ ¬± Ü»²¬±² üëîôçïê üëçôïèïòçï üëìôëíçòïè üêèôêîìòíï üêçôîëéòíí ÛÓÍ ßÓÞËÔßÒÝÛ ÎËÒÍæ ̱¬¿´ ݱ«²¬§ ß³¾«´¿²½» Ϋ² êðç éðè éìë çëê ïôðçê Ü»²¬±² Ϋ² ¬± ݱ«²¬§ ïðì îíë ïïé ïðê ïîë ïéòïû ííòîû ïëòéû ïïòðçû ïïòìû ݱ«²¬§ Ú«²¼·²¹ Ú±®³«´¿ כּ üíççòëê üíéêòêìêç üíçïòìçèð üíðëòðç üîçêòëíîè ݱ«²¬§ Ϋ² Ú«²¼·²¹ ̱¬¿´ üîìíôííí üîêêôêêê üîçïôêêê üîçïôêêê üíîëôððð Ϋ² Ú«²¼·²¹ ¬± Ü»²¬±² üìïôëëìòìð üèèôëïîòðî üìëôèðëòîê üíîôííçòëì üíéôðêêòêï ÎËÎßÔ ÍÏËßÎÛ Ó×ÔÛÍæ ˲·²½±®°±®¿¬»¼ ͯ«¿®» Ó·´» ëëðòéç ëéðòéç ëíéòëê ëðíòïî ëðîòçì Ü»² îïïòèí ïëéòéé íîòðî îîòìð îîòìð íèòëû íèòëû êòïû ìòëû ìòëû ݱ«²¬§ Ú«²¼·²¹ Ú±®³«´¿ כּ üììïòéç üìçðòíéçê üëìîòëéìç üëéçòéïìê üêìêòîððí Ϋ² Ú«²¼·²¹ ̱¬¿´ üîìíôííí üîêêôêêê üîçïôêêê üîçïôêêê üíîëôððð Ϋ®¿´ ͯò Ó·´» Ú«²¼·²¹ ̱¬¿´ üçíôëèìòïè üéíôéðèòïè üïéôíéíòîë üïîôçèëòêï üïìôìéìòèç ÌÑÌßÔ ÝÑËÒÌÇ ÛÓÍ ÚËÒÜ×ÒÙ üéíðôððð üèððôððð üèéìôççè üèéìôççè üçìðôððð ÝÑËÒÌÇ ÚËÒÜ×ÒÙ ÌÑ ÜÛÒÌÑÒ üïèèôðëìòëè üîîïôìðîòïî üïïéôéïéòêç üïïíôçìçòìé üïîðôéçèòçî É?ª? Ð £ø ¼£? ± úkªÃªÐ 2/È,ç 2-È-ç 31È/ç 31È4ç 32È+ç ¼ ± 3 OPTIONS Approve Ordinance amendment or deny Ordinance amendment. RECOMMENDATION Staff recommends the adoption of the proposed Ordinance and Agreement. Agenda Information Sheet January 6, 2009 Page 3 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On December 6, 2005, the City Council discussed the EMS/Ambulance Service Agreement with Denton County and gave Staff direction to continue the funding Agreement with the County with annual discussion during the budget process. City staff presented a breakdown of the actual costs to provide fire services in the County and the City Council indicated its desire to continue to provide services. Staff presented a review of ongoing actual costs to deliver fire services to the County in its budget process for FY2008/2009. Currently, there are no negotiations between the annual contract amount. The previous County fire protection contract was approved by the City Council on January 8, 2008. FISCAL INFORMATION The estimated ambulance fee for 2009 from the County is $120,798.92 which is a 6% increase from the last contract amount of $113,949.47 in fiscal year 2008. EXHIBITS Ordinance Agreement District Map Respectfully submitted: ____________________ Ross Chadwick Fire Chief AGENDA INFORMATION SHEET AGENDA DATE: January 6, 2009 DEPARTMENT: Fire ACM: Fred Greene SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. BACKGROUND The Interlocal Agreement for fire service between the City of Denton and Denton County provides fire protection services by the Denton Fire Department to the County areas previously served by the Mayhill-Cooper Creek Volunteer Fire Department and a small portion of the Lake Cities Fire District now adjacent to the newly annexed City property in the southwest portion of Teasely (FM 2181). In 2003, Denton County requested that the City of Denton provide fire protection to the designated area due to Mayhill- a proper response to fire calls. The County also requested in 2004 that the City respond to a small area next to the new DISD high school on FM 2181 and Old Alton Road since the City of was much quicker than Lake Cities Fire Department. This ongoing Interlocal Agreement is ofte which also includes review by the Denton County Fire Chiefs Association as well as approval by the Commissioners Court as part of their budget process. After the City of Denton signs the Agreement, the County Commissioners take their official action.Even though the contract is usually approved after its starting date, the Agreement still remains effective from October 1, 2008 with no reductions in revenues. appropriation to pay for fire protection in the unincorporated County area each year and divides that amount by an estimated number of fire calls to arrive at a per fire reimbursement. Table 1 shows the five-year history of fire funding. ª?£ª £kª?Y úÃ? É?£??㪠úkªÃªÐ ® 2440 ?£ 244, 244/ 244. 244- 244, 244+ £kª?Y úkªÃªÐ x34Ë444È44 x34Ë444È44 x34Ë444È44 x34Ë444È44 x34Ë444È44 É? úÃ? ±± x1.,È34 ?? ±±x1.,È34 ?? ±±x1.,È34 ?? ±±x1+4È44 ?? ±±x044È44 ?? ±± ª?£ª úÃ? ±± ,2 30- -/ -, -, úÃ? ±± úkªÃªÐ x14Ë3,0È24 x/0Ë334È-4 x2-Ë.4-È/4 x14Ë024È44 x13Ë244È44 ¼£? ± ª?£ª x04Ë3,0È24 x.0Ë334È-4 x1-Ë.4-È/4 x04Ë024È44 x03Ë244È44 úkªÃªÐ ¼ ± 3 Agenda Information Sheet January 6, 2009 Page 2 OPTIONS Approve proposed Ordinance or deny proposed Ordinance. RECOMMENDATION Staff recommends the adoption of the proposed Ordinance and Agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On December 6, 2005, the City Council discussed the Fire Protection Agreement with Denton County and gave Staff direction to continue the funding agreement with the County with annual discussion during the budget process. City staff presented a breakdown of the actual costs to provide fire services in the County and the City Council indicated its desire to continue to provide services. Staff presented a review of ongoing actual costs to deliver fire services to the County in its budget process for FY2008/2009. Currently, there are no negotiations between the Court determines the annual contract amount. The previous County fire protection contract was approved by the City Council on January 8, 2008. FISCAL INFORMATION Denton County will pay the City $10,000 upon execution of the proposed Agreement and reimburse the City for each fire call at the rate of $400.00 per fire call which is an increase from the $390.00 per call reimbursement used in the 2008 Agreement. The annual estimate for the reimbursement of fire calls is $31,200.00 based on an estimated 78 fire calls in the unincorporated County area. The total Fire Protection contract with the County is estimated to be $41,2040,420.00 contracted amount. EXHIBITS Ordinance Agreement District Map Respectfully submitted: ______________________ Ross Chadwick Fire Chief AGENDA INFORMATION SHEET AGENDA DATE : January 6, 2009 DEPARTMENT : Finance ACM : Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the expenditure of funds to pay the Denton Central Appra budget allocation in an amount not to exceed $359,551.59; and providing an effective date. BACKGROUND June 3, 2008, in the amount of $376,237.50 preliminary tax levy for all entities within Denton County. Once the tax levies were finalized, the allocations were amended and invoices for the first quarterly installment were sent to taxing agencies in December. The revised City of Denton annual allocation is $359,551.59, a decrease of $16,685.91 in the preliminary amount of $376,237.50. Although the Council approved the DCAD budget, they have not approved the expenditure of funds. The attached ordinance provides authorization to pay the annual allocation to DCAD. PRIOR ACTION/REVIEW The Council approved the DCAD budget on June 3, 2008. Respectfully submitted: Bryan Langley Director of Finance ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ January 6, 2009 ÜÛÐßÎÌÓÛÒÌæ City Manager’s Office ÝÓñÜÝÓñßÝÓæ George C. Campbell, City Manager ÍËÞÖÛÝÌæ Consider adoption of an ordinance of the City of Denton authorizing an Agreement between the City of Denton, Texas and Opening Doors Immigration Services for provision of assistance to victims of domestic violence; providing for the expenditure of funds; and providing for an effective date. ÞßÝÕÙÎÑËÒÜæ This agreement allows for the total expenditure of $1,500 ( Council Member Jack Thomson, $500; Council Member Charlye Heggins, $300; Council Member Rudy Moreno, $500; and Council Member from Council Contingency Funds. Key provisions of the agreement include: Joe Mulroy, $200) Funds shall be used by Opening Doors Immigration Services to assist immigrant households where one or more of the household members have been the victim(s) of domestic violence. Use of funds may include operating costs of the program and training. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. Ú×ÍÝßÔ ×ÒÚÑÎÓßÌ×ÑÒ Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ January 6, 2009 ÜÛÐßÎÌÓÛÒÌæ Transportation Operations ßÝÓæ Howard Martin, 349-8232 ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÍËÞÖÛÝÌ st Consider the approval of a resolution supporting a legislative position during the 81 Texas Legislature on the discontinuation of diverting transportation user revenues to non-transportation uses and the appropriation of all revenue generated from highway user fees and taxes to fund transportation projects. (Mobility Committee recommended approval 3-0 on October 21, 2008.) ÞßÝÕÙÎÑËÒÜ The primary theme of Regional Transportation Council (RTC) discussions at several meetings during 2008 has been the need to communicate to the State Legislature that a transportation funding crisis exists in Texas and that initiatives must be implemented to protect and enhance transportation revenues. On November 6, 2008 the RTC approved a legislative program for the st 81 Texas Legislature, attached as Exhibit 2, which included language to support efforts to discontinue diversions from the State Highway Fund, Fund 006. It is estimated that over 14 billion dollars have been diverted from Fund 006 since 1986 while inadequate and undersized infrastructure contributes to congestion and lost productivity nationwide for many Americans. st A primary focus of the RTC legislative program for the 81 Legislature is supporting initiatives to expedite backlogged roadway projects, more specifically creation of a constitutional amendment to protect the Transportation Fund revenues. On October 21, 2008, the Denton City Council Mobility Committee recommended the adoption of a resolution, promulgated by the Mayor of Melissa, Texas and supported by more than 100 local governments in Texas, calling for the discontinuation of the diversion of transportation user revenues to non-transportation uses and to appropriate all revenues from highway user fees and taxes to fund transportation projects. Elements of this initiative were included as part of the City of Denton 2009 State Legislative Program approved by the Denton City Council on December 9, 2009. RTC staff has requested individual resolutions from local governments supporting this initiative be submitted to st NCTCOG to support the RTC Legislative Program for the 81 Texas Legislature. ÐÎ×ÑÎ ßÝÌ×ÑÒ This initiative was included as part of the Denton City Council 2009 Legislative Program approved on December 9, 2008. Mobility Committee recommended approval 3-0 on October 21, 2008. ÛÈØ×Þ×ÌÍ 1.Draft Resolution – Fund 6 Diversion st 2.RTC Legislative Program, 81 Texas Legislature 3.October 21, 2008 Mobility Committee Minutes Respectfully Submitted: Mark Nelson Transportation Director Ó×ÒËÌÛÍ 1 City Council Mobility Committee 2 Tuesday, October 21, 2008 3 4 After determining that a quorum of the Mobility Committee of the Denton City Council was 5 present, the Chair of the Committee on the Mobility thereafter convened into an open meeting on 6 Tuesday, October 21, 2008 at 1:30 p.m. in the City Council work session room, 215 E. 7 McKinney Street, Denton, Texas. 8 9 Ю»»²¬æ Chair Pete Kamp, Mayor Mark Burroughs and Council Member Chris Watts 10 11 ͬ¿ºº Ю»»²¬æ George C. Campbell, City Manager, Howard Martin, ACM, Mark Nelson, 12 Transportation Director, Frank Payne, City Engineer, Bud Vokoun, Traffic 13 Engineer, John Knight, Assistant City Attorney, Emerson Vorel, Director of 14 Parks and Recreation, John Cabrales, Legislative Affairs Officer, Ann Forsythe, 15 Boards and Committees Coordinator, John Polster, ITS 16 17 ß´± Ю»»²¬ : Rick Woolfolk, Airport Advisory Board Chairman, Scott Neeley, Executive 18 Vice President, DCTA, Dee Leggett, Vice President of Communications and 19 Planning, DCTA, Mike Sykes, Jeff Soules, Mark Taylor, Phil Jordan, Damon 20 Ward, Wayne Cecil and Trey Bryson, Chad Gardiner, Project Manager, Halff 21 Associates, Inc., Matt Craig, Halff Engineering, Nasser Askari and Bob Brown, 22 TxDOT 23 24 ÑÐÛÒ ÓÛÛÌ×ÒÙ 25 26 4)Receive a report; hold a discussion and make a recommendation on transportation related 27 st legislative priorities for the 81 Legislative Session. 28 29 Mark Nelson, Director of Transportation, presented this item stating there had been a discussion 30 during the Mobility meeting in August 2008. On August 21, 2008 and on October 9, 2008 the 31 st Regional Transportation Council (RTC) considered a legislative program for the 81 Texas 32 Legislature. The primary theme of those discussions has been the need to communicate to the 33 State Legislature that a transportation funding crisis exists in Texas and those initiatives must be 34 implemented to protect and enhance transportation revenues. 35 36 The Rail North Texas initiative (regional rail) was elevated as the primary focus of the RTC 37 st legislative program for the 81 Legislature. The supporting initiatives were to expedite 38 backlogged roadway projects as the second priority of the RTC Legislative program to more 39 specifically create a constitutional amendment to protect the Transportation Fund (Fund 006) 40 revenues. The effort to finance the proposed grade separation of Tower 55 in Fort Worth (rail 41 lines) was elevated from the fourth priority to the third priority in the draft RTC legislative 42 st program for the 81 Legislature. It is important to note that the revision or repeal of SB 792, 43 relating to the toll road market valuation process and primacy, has been temporarily suspended 44 from the RTC legislative program until final agreement between the North Texas Toll Authority 45 and the RTC can be reached. Nelson understands that once consensus is reached on the issue, 46 the RTC will consider an amendment to their proposed legislative program. 47 48 Minutes of the City Council Mobility Committee 1 October 21, 2008 2 Page 2 of 10 3 4 5 Staff recommends the top three RTC legislative items be recommended to Council for inclusion 6 st in the City of Denton’s 81 Texas Legislature transportation program. John Cabrales is currently 7 developing a comprehensive city-wide legislative agenda for Council consideration prior to 8 January 2008. John will also be working with representatives from the Texas Municipal League 9 th (TML) at the TML conference the week of October 28 to identify legislative priorities for the 10 City of Denton. 11 12 Finally, a draft resolution, calling for the Legislature to discontinue revenue diversions from 13 Fund 006 to non-transportation related activities. This resolution was initiated by the City of 14 Melissa and to date has been approved by several Texas counties and municipalities. This 15 resolution is consistent with the position taken in the RTC draft legislative agenda. 16 17 Kamp stated her recommendation as far as SB 792 is concerned it that it is a whole different 18 subject and we do not want to get bogged down. The two big items for Denton is on the Rail 19 North Texas Initiative and stopping the diversion of Fund 006 process. RTC did vote on this 20 issue and approved support on this issue at the last meeting. Chair Kamp stated that she is in 21 agreement and supports the RTC position. 22 23 Reviewing the draft resolution, Mayor Burroughs recommended changes to the paragraph 24 regarding TX-21 stating it seems misplaced and recommending removing that language from the 25 resolution stating that the City of Denton stands for mobility and transportation. The third 26 section should be amended to read “the additional 38 hours in congestion equates to almost five 27 lost work or vacation days” and to strike “that would better spent with friends and family.” 28 29 Mayor Burroughs asked how much of the money goes to the schools. Polster replied twenty-five 30 percent. 31 32 Ó¿§±® Ó¿®µ Þ«®®±«¹¸ ³±ª»¼ ¬± ¿°°®±ª» ¬¸» ®»±´«¬·±² ©·¬¸ ³±¼·º·½¿¬·±² ©·¬¸ ¿ »½±²¼ 33 º®±³ ݱ«²½·´ Ó»³¾»® ݸ®· É¿¬¬ò ̸» ³±¬·±² ©¿ ¿°°®±ª»¼ ¾§ ¿ íó𠪱¬» . 34 35 The meeting was adjourned by consensus at 3:40 a.m. 36 37 38 éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ January 6, 2009 ÜÛÐßÎÌÓÛÒÌæ City Manager-Administration ßÝÓæ Howard Martin, 349-8232 ______________________________________________________________________________ ÍËÞÖÛÝÌ Consider adoption of an ordinance providing for in-house engineering review by city staff development review engineers for those development review tasks that were performed by the outside consulting firm Freese & Nichols, Inc.; and these tasks were then deleted from the new contract with Freese & Nichols, Inc. dated November 4, 2008; establishing engineering review fees that are payable by developers to the City of Denton for variances, alternative development plans, general development plans, planned development district detailed site plans, comprehensive plan amendments; building permit site plan review; clearing/grading permit review; engineering preliminary plat and final plat review for one and two lot residential subdivisions; providing for a repealer; providing for a severability clause; providing an effective date. ÞßÝÕÙÎÑËÒÜ The City Council approved a new contract with the consulting firm Freese & Nichols, Inc. on November 4, 2008 for engineering review of development projects. The following development review engineering services were included in the 2008 contract: Prior to staff engaging the consultant in fee negotiations, the City Council had approved a new Senior Engineer position for development review in the FY09 budget. In addition, the existing Development Review Administrator position that was occupied by an engineer was converted to a Senior Engineer position. This resulted in two Senior Engineer positions that were available and dedicated to engineering review of development projects. In light of availability of this engineering capability inhouse, scope negotiations with Freese & Nichols were conducted to bring some of the engineering tasks inhouse for development review. The tasks that were deleted from the Freese & Nichols contract, and the associated engineering fees charged to the applicants are listed below. The tasks that were deleted except for the building permit site plan review do not require detailed review of final plans. However, these tasks do require a greater degree of review and input from city staff from water, wastewater, drainage and traffic operations. So taking away these tasks from the Freese & Nichols contract provides the best value for the use of the staff Development Review Engineer’s time. The Freese & Nichols fees in column 2 below are from the year 2005 contract. Û²¹·²»»®·²¹ λª·»© ±º Ì¿µ Ü»´»¬»¼ Ú®±³ ÚúÒ Ð®±°±»¼ F&NF&N îððè ݱ²¬®¿½¬ Ú»» 20052008 FeesFees üîëð Variances $250 $616 üëðð Replats without public improvements $500 $585 üëðð Alternative Development Plans (includes Alternative $500 $928 Landscape Plans) üëðð General Development Plan $500 $590 üëðð Planned Development District: Detailed Site Plan $500 $590 üëðð Comprehensive Plan Amendment $500 $590 üïôíðð Building Permit Site Plan Review $1,300 $1,691 üíëð Clearing/Grading Permit Review $350 $630 üëðð Engineering Preliminary Plat and Final Plat review $500 $590 for one and two lot residential subdivision ̱¬¿´ ß²²«¿´ Ú»» üïëêôððð (based on past 3 year average) $211,899 Using the current salaries, overhead, and the actual manhours used, the Freese & Nichols fees for the same tasks if included in the 2008 contract are shown in column 3 above. Staff is proposing to maintain the same fee structure that was used to compensate Freese & Nichols under the 2005 contract as shown in column 4 above. ÑÐÌ×ÑÒÍ 1.Continue to charge the engineering review fees to compensate in-house engineering time 2.Discontinue engineering fees for tasks deleted from Freese & Nichols 2008 contract ÎÛÝÑÓÓÛÒÜßÌ×ÑÒ At the December 9, 2008 City Council Work Session Meeting, Council directed staff to submit for approval the Ordinance related to continuation of charges for engineering review fees deleted from the Freese & Nichols 2008 contract. ÐÎ×ÑÎ ßßÝÌ×ÑÒñÎÎÛÊ×ÛÉ øÝݱ«²½·´ô Þ±¿¿®¼ô ݱ³³³··±²÷ City Couuncil Work SSession, December 9, 2008: Council directed staff to bring thhis item for approvalin the Januaary 6, 2009 mmeeting. ÛÈØ×Þ××Ì 1.In-hoouse Engineeering Task 2.Ordinnance Respeectfully submmitted, Jim CCoulter Direcctor of Wateer/Wastewateer Utilities Preparedd by P. S. Aroora, P.E. DRC Enngineering AAdministratorr Assistantt Director WWastewater ×ÒóØÑËÍÛ ÛÒÙ×ÒÛÛÎ×ÒÙ ÌßÍÕ For the City Council’s information, in addition to the tasks deleted from the 2008 Freese & Nichols contract, in-house engineers were reviewing the following tasks for which city has never charged separate engineering fees to the applicants. The fees for these tasks for the engineering effort are currently not segregated from the Planning Department fees. Engineering fees are shown as a reference, if these tasks were included in the Freese & Nichols 2008 contract: Û²¹·²»»®·²¹ Ì¿µ ÚúÒ îððè כּ TxDot Coordination Meeting $694 Amending Final Plat $610 Conveyance Plat $590 Gas Well Plat $706 Pre-Application $600 Plat Extension $630 Vacating Plat $504 Request for Abandonment $504 ROW Use Agreement $606 Specific Use Permit $716 TxDot Permit $716 Zoning $716 Zoning Board of Adjustment $590 ̱¬¿´ ß²²«¿´ ݱ¬ üîîïôéëï (based on past 3 year average) Staff is currently not recommending implementation of any additional engineering fees for the tasks in the second table. EXHIBIT 2 ORDINANCE NO. 2009- ________ AN ORDINANCE PROVIDING FOR IN-HOUSE ENGINEERING REVIEW BY CITY STAFF DEVELOPMENT REVIEW ENGINEERS FOR THOSE DEVELOPMENT REVIEW TASKS THAT WERE PERFORMED BY THE OUTSIDE CONSULTING FIRM FREESE & NICHOLS, INC.; AND THESE TASKS WERE THEN DELETED FROM THE NEW CONTRACT WITH FREESE & NICHOLS, INC. DATED NOVEMBER 4, 2008; ESTABLISHING ENGINEERING REVIEW FEES THAT ARE PAYABLE BY DEVELOPERS TO THE CITY OF DENTON FOR VARIANCES, ALTERNATIVE DEVELOPMENT PLANS, GENERAL DEVELOPMENT PLANS, PLANNED DEVELOPMENT DISTRICT DETAILED SITE PLANS, COMPREHENSIVE PLAN AMENDMENTS; BUILDING PERMIT SITE PLAN REVIEW; CLEARING/GRADING PERMIT REVIEW; ENGINEERING PRELIMINARY PLAT AND FINAL PLAT REVIEW FOR ONE AND TWO LOT RESIDENTIAL SUBDIVISIONS; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas incurs administrative expenses in providing the necessary engineering services related to development review tasks for public improvements which are constructed by developers, and should be properly borne as fees by developers; and WHEREAS, prior to November 4, 2008 the City had engaged the firm of Freese & Nichols, Inc. as its outside consultant to perform the necessary engineering services related to development review tasks; however the City, after analyzing the costs of an outside engineering firm and the processing of its development review cases, has staffed accordingly to bring additional engineering positions in-house, which tasks the City can now do itself, and which development review tasks should be properly paid as fees to the City by developer or other entity requesting services; and WHEREAS, the City Council finds that such fees as are recited herein bear a reasonable relationship to the actual administrative costs and expenses incurred by the City of Denton to conduct such development review engineering activities, and that the following ordinance should be enacted; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. 1 SECTION 2. That the following development review engineering fees shall be payable to the City by the developer and/or the entity seeking services at the time of their Application submission to the City for: Variances $250 Replats without public improvements $500 Alternate Development Plans $500 (includes Alternative Landscape Plans) General Development Plans $500 Planned Development District: $500 Detailed Site Plan Comprehensive Plan Amendment $500 Building Permit Site Plan Review $1,300 Clearing/Grading Permit Review $350 Engineering Preliminary Plat and Final Plat $500 Review for One and Two Lot Residential Subdivision SECTION 3: All ordinances or parts of ordinances in force when the provisions of this ordinance becomes effective which are inconsistent or in conflict with the terms or provisions contained in the amended schedule of rates hereby enacted by this ordinance, are hereby repealed to the extent of any such conflict. SECTION 4: 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 affect 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 such invalidity. SECTION 5: The Schedule of Rates herein adopted shall be effective, charged, and applied to all development engineering services occurring on and after January 6, 2009; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED AND APPROVED this the _______ day of _________________, 2009. 2 ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By:____________________________ 3 éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 6, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank G. Payne, P.E. 349-8946 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance authorizing the City Manager to execute Change Order Number Three to the contract between the City of Denton and JRJ Paving LP.; providing for the expenditure of funds therefor; and providing an effective date (Bid 3897-Shady Oaks and Brinker Paving and Drainage Improvements Change Order Number Three in the amount of $32,474.60). CHANGE ORDER INFORMATION The Shady Oaks Drive and Brinker Road projects were approved as part of the 2005 Blue Ribbon Bond Election package. The purpose of the Shady Oaks Drive project was to provide access between existing Shady Oaks Drive extending east from Woodrow Lane to Loop 288 at Morse Street. The purpose of the Brinker Road project was to extend existing Brinker Road north from its intersection with Spencer Road to tie in with the new section of Shady Oaks Drive. The Brinker Road project was also intended to provide some relief for traffic along Loop 288 during the construction of that project. Although these two roadways were approved as separate projects in the Bond Election, for the purposes of design and bidding, they were treated as a single job. The City received bids on the referenced project on October 11, 2007. City Council approved award of the low bid to JRJ Paving, L.P. in the amount of $2,884,059.98 for construction of a four-lane divided roadway with asphalt paving and concrete curb and gutter. The scope of the awarded project consisted primarily of the construction of the new extents of Shady Oaks Drive, along with some rehabilitation of the existing portions of this roadway. The City was unable to acquire the right-of-way (ROW) in order to move forward with the Brinker Road section of the project; therefore, this portion of the job was not awarded. Change Order Number One to the project consisted of modifications to the drainage tie-ins on the east end of the project at Loop 288 in response to changed site conditions and to coordinate project drainage with Loop 288 drainage. In addition to these items, a tie-in was added to an existing storm line that was not shown on the project construction drawings. The total amount of this change order was $16,245.30, resulting in a modified contract amount of $2,900,305.28 (refer to Exhibit 1). Change Order Number One was approved administratively by staff because of its low amount (less than $25,000). Agenda Information Sheet January 6, 2009 Page 2 CHANGE ORDER INFORMATION (CONTINUED) Change Order Number Two to the project consisted of the removal of trees and undergrowth at the intersection of Loop 288 and Shady Oaks Drive which were not a part of the original project scope. Removal of this vegetation was deemed necessary to improve sight distance at the intersection for public safety reasons. The total amount of this change order was $3,850.00, resulting in a modified contract amount of $2,904,155.28 (refer to Exhibit 2). Change Order Number Two was approved administratively by staff because of its low amount (less than $25,000). Change Order Number Three consists of the following: 1. Repair of two large sections of the existing portion of Shady Oaks Drive that have failed (items A through F on the change order), both of which pond water during a rainfall event. The total cost for this additional work is $35,900.70. 2. x at approximately STA 24+50 on Shady Oaks Drive (item G on the change order). This handrail was requested by staff in the interests of added public safety. The sidewalk along Shady Oaks Drive is only about five feet north of the headwall, and the headwall provides a sheer 10-foot drop to the channel invert. Staff felt that the additional measure was worthwhile to prevent an accident involving a pedestrian at this drainage feature. The total cost for this additional work is $25,740.00. 3. Adjustment of the bid quantities to reflect the actual work performed (items H through OO on the change order). This adjustment is typical on any construction project, and consists of modifying the final contract amount to reflect items that have run over or under the estimated amounts in the bid documents. The total net adjustment to the contract for these modifications is a $29,166.10 decrease in the contract. The total net change order amount of these three items is an additional $32,474.60, resulting in a modified contract amount of $2,936,629.88 (refer to Exhibit 3). In the event that Change Order Number Three is approved, the total change order percentage for all three change orders to the project is approximately a positive 1.8%. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council approved Bid 3897 in the amount of $2,884,059.98 on January 8, 2008. Agenda Information Sheet January 6, 2009 Page 3 RECOMMENDATION Approve Change Order Number Three in the amount of $32,474.60 for a total bid award of $2,936,629.88. The overall change order percentage on the project is very low, and the negotiated amounts for t PRINCIPAL PLACE OF BUSINESS JRJ Paving LP Dallas, Texas ESTIMATED SCHEDULE OF PROJECT It is anticipated that the construction of the additional work on the Shady Oaks project can be completed by February 2009. FISCAL INFORMATION Funding for this project will come from account 350150453.1360.40100. EXHIBITS Exhibit 1: Change Order Number One Exhibit 2: Change Order Number Two Exhibit 3: Change Order Number Three Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 3897 Change Order Three Exhibit 1 Exhibit 2 Exhibit 3 ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER THREE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND JRJ PAVING LP.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3897-SHADY OAKS AND BRINKER PAVING AND DRAINAGE IMPROVEMENTS CHANGE ORDER NUMBER THREE IN THE AMOUNT OF $32,474.60). WHEREAS, on January 8, 2008 by Ordinance No. 2008-011, the City awarded a public works contract to JRJ Paving LP, in the amount of $2,884,059.98 for the Shady Oaks and Brinker Paving and Drainage Improvements project; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order Number Three, increasing the amount of the contract between the City and JRJ Paving LP, which is on file in the office of the Purchasing Agent, in the amount of Thirty Two Thousand Four Hundred Seventy Four and 60/100 ($32,474.60) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $2,936,629.88. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of, 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ Bid 3-ORD Bid 3897 éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 6, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank G. Payne, P.E. 349-8946 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance authorizing the City Manager to execute Change Order Number Four to the contract between the City of Denton and Ed Bell Construction; providing for the expenditure of funds therefor; and providing an effective date (Bid 3929-Western Blvd. Paving and Drainage Improvements Change Order Number Four in the amount of $89,895.60). CHANGE ORDER INFORMATION The Western Blvd. Phase 1 Paving and Drainage Improvement project was approved as part of the 2005 Blue Ribbon Bond Election package. The purpose of the Western Blvd. Phase 1 project was to provide access between US 380 and Airport Road. It will also serve as the main route to the Airport from the north when Masch Branch Road is permanently closed south of Jim Christal. This project was also intended to provide some relief for traffic along US 380 and to provide an alternate route to the southern section of the city. The City received bids on the referenced project on October 11, 2007. City Council approved award of the low bid to Ed Bell Construction Company in the amount of $4,699,337.85 for the construction of two lanes of the ultimate six lane divided roadway with concrete paving. The scope of the awarded project consisted primarily of the construction of the two outside northbound lanes. It also includes the storm drain system on the northbound side, the ultimate cross drainage system, and the construction of three new outfall channels to Dry Fork Creek. Change Order Number One to the project consisted of to be placed in Channel D. This addition was necessary to reestablish access to an existing gas well on the Davis property that was severed by the construction of the Channel. The total amount of this Change Order was $24,904.40, resulting in a modified contract amount of $4,724,242.25 (refer to Exhibit 1). Change Order Number One was approved administratively by staff because of its low amount (less than $25,000). Change Order Number Two to the project consisted of the removal of the proposed Ultraflo concrete lined corrugated metal pipe (CMP) that collapsed under Jim Christal Road. This Change Order was necessary to compensate the contractor for removal of the CMP pipe and to replace it with reinforced concrete pipe (RCP). The total amount of this Change Order was $8,402.70, resulting in a modified contract amount of $4,732,644.95 (refer to Exhibit 2). Change Order Number Two was approved administratively by staff because of its low amount (less than $25,000). Agenda Information Sheet January 6, 2009 Page 2 CHANGE ORDER INFORMATION (CONTINUED) Change Order Number Three to the project consisted of the RCP and safety end treatments (SETs) or headwalls. Driveway #1 located off of Airport Road was shown in the plans to be removed in order to construct the right turn lane onto Western Blvd. but a replacement driveway was not shown in the plans. Driveway #2 located at the corner of US 380 and Cindy Lane needs to be replaced in order to grade the existing roadway ditch along US 380 to accommodate the flow lines of the cross drainage structure under the relocated Cindy Lane. This Change Order was necessary to compensate the contractor for the additional bid items. The total amount of this Change Order was $11,458.30, resulting in a modified contract amount of $4,744,103.25 (refer to Exhibit 3). Change Order Number Three was approved administratively by staff because of its low amount (less than $25,000). Change Order Number Four consists of the following: Raising the elevation of the proposed Cindy Lane (Items A to G) to an elevation that will 3È accommodate roadway ditches along the newly aligned segment of Cindy Lane. Since the natural topography is flat, there are segments that can only achieve a grade of 0.3%. Concrete flumes need to be added to the ditches to reduce the chance of future ponding, which is typical of earthen channels with less than a 0.5% slope. The total cost for this additional work is $77,211.01 2. Adjustment of the bid quantities to reflect the actual work performed (items H through R on the change order). This adjustment is typical on any construction project, and consists of modifying the final contract amount to reflect items that have run over or under the estimated amounts in the bid documents. The total net adjustment to the contract for these modifications is a $12,684.59increase in the contract. The total net Change Order amount of these two items is an additional $89,895.60, resulting in a modified contract amount of $4,833,998.85 (refer to Exhibit 4). In the event that Change Order Number Four is approved, the total Change Order percentage for all four Change Orders to the project is approximately a positive 2.87%. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council approved Bid 3929 in the amount of $4,699,337.85 on January 8, 2008. Agenda Information Sheet January 6, 2009 Page 3 RECOMMENDATION Approve Change Order Number Four in the amount of $89,895.60. The overall Change Order percentage on the project is very low, and the negotiated amounts for the requested additional PRINCIPAL PLACE OF BUSINESS Ed Bell Construction Dallas, Texas ESTIMATED SCHEDULE OF PROJECT It is anticipated that the construction of the additional work on the Western Blvd. Phase 1 project can be completed by February 2009. FISCAL INFORMATION Funding for this project will come from account 350150453.1360.40100. EXHIBITS Exhibit 1: Change Order Number One Exhibit 2: Change Order Number Two Exhibit 3: Change Order Number Three Exhibit 4: Change Order Number Four Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-3929 Change Order Four Exhibit 1 Exhibit 3 Exhibit 4 ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER FOUR TO THE CONTRACT BETWEEN THE CITY OF DENTON AND ED BELL CONSTRUCTION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3929-WESTERN BLVD. PAVING AND DRAINAGE IMPROVEMENTS CHANGE ORDER NUMBER FOUR IN THE AMOUNT OF $89,895.60). WHEREAS, on January 8, 2008 by Ordinance No. 2008-013, the City awarded a public works contract to Ed Bell Construction, in the amount of $4,699,337.85 for the Western Blvd. Paving and Drainage Improvements project; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order Number Four, increasing the amount of the contract between the City and Ed Bell Construction, which is on file in the office of the Purchasing Agent, in the amount of Eighty Nine Thousand Eight Hundred Ninety Five and 60/100 ($89,895.60) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $4,833,998.85. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 6-ORD Bid 3929 AGENDA INFORMATION SHEET AGENDA DATE: January 6, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance extending a contract awarded by Council on September 22, 2005 for one additional year by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the Dallas Independent School District under Section 271.102 of the Local Government Code, for the purchase of products and services for an onsite vehicle parts facility; providing for the expenditure of funds therefor; and providing an effective date (File 3405-Interlocal Agreement for the Purchase of Products and Services for an Onsite Vehicle Parts Facility with the Dallas Independent School District, contract awarded to Genuine Parts Company in the estimated amount of $1,344,000). FILE INFORMATION On September 20, 2005, Council awarded a contract to Genuine Auto Parts for a term of three years through an Interlocal Cooperative Purchasing Participation Agreement with the Dallas Independent School District under Section 271.102 of the Local Government Code, for the purchase of products and services for an onsite vehicle parts facility. This contract agreement allows for two one-year extensions. The contract was previously extended from September 20, 2008 through January 9, 2009. The contract for automotive/vehicle parts facility operation is included in the budget process. The request for a contract extension is based upon four successful years of operation with the City of Denton. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 20, 2005, Council awarded a contract to Genuine Auto Parts for a term of three years through an Interlocal Cooperative Purchasing Participation Agreement with the Dallas Independent School District RECOMMENDATION Award a one year extension of the contract agreement with Genuine Auto Parts in the estimated amount of $1,344,000. Agenda Information Sheet January 6, 2009 Page 2 PRINCIPAL PLACE OF BUSINESS Genuine Auto Parts dba NAPA Mesquite, TX ESTIMATED SCHEDULE OF PROJECT The contract extension will be effective January 9, 2009 through January 9, 2010. FISCAL INFORMATION Funding for this item will be provided from Parts Inventory account 820100.7899. The using department will be charged back for the cost of the item. EXHIBITS Exhibit 1: Contract Extension Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3405 Exhibit 1 ORDINANCE NO. __________ AN ORDINANCE EXTENDING A CONTRACT AWARDED BY COUNCIL ON SEPTEMBER 22, 2005 FOR ONE ADDITIONAL YEAR BY WAY OF AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE DALLAS INDEPENDENT SCHOOL DISTRICT UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, FOR THE PURCHASE OF PRODUCTS AND SERVICES FOR AN ONSITE VEHICLE PARTS FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3405- INTERLOCAL AGREEMENT FOR THE PURCHASE OF PRODUCTS AND SERVICES FOR AN ONSITE VEHICLE PARTS FACILITY WITH THE DALLAS INDEPENDENT SCHOOL DISTRICT, CONTRACT AWARDED TO GENUINE PARTS COMPANY IN THE ESTIMATED AMOUNT OF $1,344,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to purchase vehicle parts and services in the estimated amount of $1,344,000 from Genuine Parts Company under competitive bids received by the Dallas Independent School District in accordance with an Interlocal Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Local Government Code which is on file in the office of the Purchasing Agent. SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant to the agreement for the purchase of various goods and services. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-File 3405 AGENDA INFORMATION SHEET AGENDA DATE: January 6, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Keith Gabbard 349-7144 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of curb, gutter, and driveway structures and radiuses on Headlee Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $217,060.34). BID INFORMATION This item is for the construction of concrete pavement for the Headlee Street Capital Improvements Project. A line item description of the project cost is included in the attached Project Estimate Information Sheet (Exhibit 1). Bid 3516 is an annual contract to provide miscellaneous concrete related repair and for small construction projects. Council stipulated that any projects costing $100,000 or more that are quoted through this bid must obtain separate Council approval. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Bid 3516 was originally awarded by Council on June 25, 2006 and has been renewed through June 25, 2009. RECOMMENDATION Approve the award of a contract with Floyd Smith Concrete, Inc. in the amount of $217,060.34. PRINCIPAL PLACE OF BUSINESS Floyd Smith Concrete, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This project will begin upon Council approval and is estimated to be completed within 60 days. Agenda Information Sheet January 6, 2009 Page 2 FISCAL INFORMATION This item will be funded from accounts 350191457.1360.40100. Requisition 90624 has been entered into the Purchasing software system. EXHIBITS Exhibit 1: Project Estimate Information Sheet Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 3516 ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF CURB, GUTTER, AND DRIVEWAY STRUCTURES AND RADIUSES ON HEADLEE STREET; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3516-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, FLOYD SMITH CONCRETE, INC. IN THE AMOUNT OF $217,060.34). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3516 Floyd Smith Concrete, Inc. $217,060.34 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 3516 éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 9, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Emerson Vorel 349-7460 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas accepting competitive sealed proposals and awarding a best value contract for the renovation and expansion of the City of Denton Senior Center; authorizing the expenditure of funds therefor; and providing an effective date (RFSP 4206-Denton Senior Center Renovations and Addition awarded to H.C.I. General Contractors, Inc. in the amount of $1,184,300). BID INFORMATION This bid is for the construction of a 3,000 square-foot addition and renovation at the Denton Senior Center. The project will include construction of three new multi-purpose rooms and additional storage. Renovation of the existing building will create a new fitness area, craft store, and an ADA accessible restroom. The renovation also includes an upgrade of wall and floor treatments and repaving of part of the parking lot. Twelve proposals were submitted for this project. Proposals from the top four firms were evaluated on the criteria listed below. Criteria Percentage 1. Construction Contract Amount 50% 2. Previous Related Experience 20% 3. Staff Experience and Qualifications 20% 4. Project Schedule 5% 5. 5% A summary of the evaluation rankings is listed as Exhibit 2. H.C.I. General Contractors, Inc. was ranked the highest and is being recommended as the contractor for this project. RECOMMENDATION Award to H.C.I. General Contractors, Inc. in the amount of $1,184,300. Agenda Information Sheet January 6, 2009 Page 2 PRINCIPAL PLACE OF BUSINESS H.C.I. General Contractors, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT This project is estimated to be completed within 290 days of the Notice to Proceed. FISCAL INFORMATION This project will be funded from account 400090457.1360.40100. Requisition 91274 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Vendor Tabulation Exhibit 2: Vendor Evaluation Ranking Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-RFSP 4206 Firm's Financial Stability (5%)5. Project Schedule (5%)4. Staff Experience & Qualifications (20%)3. Previous Related Experience (20%)2. Construction Contract Amoun (50%)1. ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A BEST VALUE CONTRACT FOR THE RENOVATION AND EXPANSION OF THE CITY OF DENTON SENIOR CENTER; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFSP 4206-DENTON SENIOR CENTER RENOVATIONS AND ADDITION AWARDED TO H.C.I. GENERAL CONTRACTORS, INC. IN THE AMOUNT OF $1,184,300). WHEREAS, the City has solicited, received, and tabulated competitive best value bids, for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances based on the best value as determined by using the selection criteria set forth in the request for bids; and described bids are the best value based on the selection criteria for the materials, equipment, WHER provides the best value to the City for this procurement; 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 findings and conclusions set forth in the preamble of this ordinance are incorporated within the body of the ordinance. SECTION 2. The options in the following numbered bids for materials, equipment, Agent, is hereby accepted and approved as being the best value based on the selection criteria contained in the request for bids for such items: RFSP NUMBER DESCRIPTION VENDOR AMOUNT 4206 Denton Senior Center H.C.I. General Contractors, Inc. $1,184,300 Renovation and Addition SECTION 3. By the acceptance and approval of the above items of the submitted bids, the City accepts the offer of the persons submitting the bids 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 Bid Invitations, Bid Proposals, and related documents. SECTION 4. The City Manager is hereby authorized to execute any and all necessary written contracts for the performance of the services in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with and relating to the items specified in Section 1, which written contract(s) shall be attached hereto; provided that the written contract is in accordance with the above Request to Submit Bids, Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. 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_______day of ______________________________,2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-RFSP 4206 ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ January 6, 2009 ÜÛÐßÎÌÓÛÒÌæ Economic Development/Downtown Development ÝÓæ George C. Campbell ÍËÞÖÛÝÌ Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Elk River Investments, Inc. from the Downtown Incentive Grant Program not to exceed $15,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (4-0). ÞßÝÕÙÎÑËÒÜ Applicant: Elk River Investments, Inc. (Ralph Ramsey) Denton, Texas City Council approved the Downtown Incentive Reimbursement Grant Program on April 3, 2007, and allocated $50,000 to fund the program for 2008-2009 fiscal year. Key elements of the policy are: Grant funds are a 50:50 match and are reimbursed upon receiving proof of expenditure and completion of work. Certain redevelopment activities are eligible for grant funds. Façade Rehabilitation o New Awnings and Signs o Impact Fee Reimbursement o Utility Upgrades o An applicant is defined as an eligible property within the Downtown Central Business District. A single owner of multiple properties may apply for grant funds for each property but may not receive more than $50,000 per property. Projects are considered based on: Compliance with current building standards o Perceived need for proposed renovations and historical accuracy o Design quality o Compatibility of design in relation to other buildings o Project compatibility with streetscape objectives o Project compatibility in relation to Downtown Development goals o Proximity to Courthouse-on-the-Square o A process for project review, recommendation and approval are defined. City staff review o Downtown Task Force review and recommendation o Economic Development Partnership Board review and recommendation o City Council review and approval o ÐÎÑÖÛÝÌ 1 This rehabilitation project entails façade repair, painting, installing windows and exterior doors, roof repair, ADA ramps and signage. ÎÛÏËÛÍÌ The applicant requested $50,000. The Downtown Task Force and Economic Development Partnership Board recommended a grant of $15,000 to City Council; the total project is approximately $241,000. ÛÔ×Ù×Þ×ÔÌÇ This project is eligible under the following criteria: Project compliance with all current building standards Design quality Compatibility of design in relation to other buildings Project compatibility with streetscape objectives Project compatibility in relation to Downtown Development goals Proximity to Courthouse-on-the-Square ÐÎ×ÑÎ ßÝÌ×ÑÒ The Downtown Development Task Force reviewed the application on November 19, 2008 and recommended a grant in the amount of $15,000 to the Economic Development Partnership Board. The Economic Development Partnership Board reviewed the application on November 24, 2008 and recommends approval 4-0. ÛÈØ×Þ×ÌÍ 1.Ordinance 2.Grant agreement 3.Exhibit A – Legal Description 4.Exhibit B – Grant Application 5.Ariel map of property Prepared by: ___________________ Julie Glover Economic Development Program Administrator Respectfully submitted: __________________________ Linda Ratliff Director of Economic Development 2 ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ January 6, 2009 ÜÛÐßÎÌÓÛÒÌæ Water ßÝÓæ Howard Martin, Utilities 349-8232 _________________________________________________________________________ ÍËÞÖÛÝÌ Consider adoption of an ordinance finding that a necessity exists to acquire street right-of-way and temporary construction, grading and access easements and authorizing the acquisition thereof through agreement or eminent domain on various hereinafter described parcels of real property for paving and drainage enhancements related to the “Westcourt Road Improvements Project”; providing a severability clause; providing an effective date. ÞßÝÕÙÎÑËÒÜ Aldi (Texas) L.L.C. is undertaking the off-site road improvements required by their development: being a distribution center located southwest of the intersection of Westcourt Road and Springside Road, currently under construction. Aldi officials have engaged all of the owners whose land will be impacted by the Project, in an effort to purchase the necessary land rights. Over the course of the last quarter of 2008, negotiation with the affected property owners has yielded little success. Aldi has requested that the City initiate condemnation proceedings to acquire the necessary land rights on those tracts in which negotiations for settlement have proved unsuccessful. ÎÛÝÑÓÓÛÒÜßÌ×ÑÒ Staff recommends adoption of the ordinance. ÐÎ×ÑÎ ßÝÌ×ÑÒñÎÛÊ×ÛÉ øݱ«²½·´ô Þ±¿®¼ô ݱ³³··±²÷ None Ú×ÍÝßÔ ×ÒÚÑÎÓßÌ×ÑÒ Aldi to pay for litigation costs by Reimbursement Agreement with City of Denton. ÛÈØ×Þ×ÌÍ 1.Location Map Respectfully submitted, 2.Ordinance Howard Martin Assistant City Manager Prepared by Utility Administration Paul Williamson, Real Estate Manager AGENDA INFORMATION SHEET AGENDA DATE: January 6, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - CA08-0001 (Sherman Shops) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for an amendment to the Comprehensive Plan for the City of Denton, Texas, for approximately 4.23 acres of land, located on the northwest corner of Loop 288 and Sherman Drive, from an ; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause; and providing an effective date. (CA08-0001) The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Elk River Investments Denton, TX Elk River Investment, the Applicant, is requesting an amendment to the Future Land Use Map for approximately 4.23 acres of land land use designation Community Mixed Use Centers. Applicant is also requesting a rezoning of the same property from a Neighborhood Residential (NR-4) zoning district to a Community Mixed Use General (CM-G). The Applicant is proposing general retail uses for the property. However, general retail uses are not permitted in the current NR-4 zoning district. Rezoning this property to CM-G will allow retail uses. A proposed non- binding site plan submitted by the Applicant is presented in Exhibit 8. On November 17, 2008, the Applicant facilitated a neighborhood meeting that was attended by two property owners. The main issues discussed at the meeting were traffic safety (specifically as vehicles exit onto Sherman Drive); potential tenants of the proposed retail use buildings; and access to and from the water park located north of the subject site. Both property owners were in favor of the proposed Comprehensive Plan amendment. On November 19, 2008, the Planning and Zoning Commission conducted a public hearing and, after hearing and reviewing all materials presented, recommended approval of the proposed Comprehensive Plan amendment by a 6-0 vote. Public notification information is provided in Exhibit 7. As of this writing, staff has not received any responses from property owners within 200 feet of the subject site. PRIOR ACTION/REVIEW November 19, 2008 Planning and Zoning Commission Public Hearing OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission reviewed the proposed Comprehensive Plan amendment approval and all relative material on November 19, 2008 and recommends by a 6-0 vote. approval The Development Review Committee recommends of this Comprehensive Plan amendment request based on the following findings: 1. The proposed amendment is consistent with the Denton Plan land use goals and objectives. 2. The subject property is located in a prominent intersection making it suitable for a development of retail uses. EXHIBITS 1. Staff Analysis 2. Location Map 3. Future Land Use Map 4. Proposed Future Land Use Map 5. Community Mixed Use Activity Centers Map 6. Existing Zoning Map 7. Notification Information 8. Proposed Site Plan 9. Letter from Applicant 10. November 19, 2008 Planning and Zoning Commission Minutes 11. Ordinance Prepared by: Respectfully submitted: Ron Menguita, AICP Mark Cunningham, AICP Planning Supervisor Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: CA08-0001 DATE TO BE CONSIDERED: January 6, 2009 LOCATION: Northwest corner of Loop 288 and Sherman Drive APPLICANT: Elk River Investments 3311 North I-35, Suite 140 Denton, TX 76207 OWNER: Elk River Investments 3311 North I-35, Suite 140 Denton, TX 76207 REQUEST: Consider adoption of an ordinance of the City of Denton, Texas, providing for an amendment to the future land use map for Community Mixed Use Centers RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed Comprehensive Plan amendment and all relative material on approval November 19, 2008 and recommends by a 6-0 vote. Existing Land Use/Infill COMPREHENSIVE The subject site is located within an Compatibility PLAN DESIGNATION: future land use designation. Existing Land Use/Infill Compatibility is described in the Denton Plan as the following: Within established residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. SITE AND The site is currently vacant and unplatted. SURROUNDINGS: North: Neighborhood Residential 4 (NR-4) City of Denton Water Park and Denton ISD, Athletic Complex South: Community Mixed Use General (CM-G) - vacant East: Community Mixed Use General (CM-G) vacant house, unplatted West: Neighborhood Residential 4 (NR-4) - vacant BACKGROUND Elk River Investment, the applicant, is requesting an amendment to INFORMATION: the future land use map for approximately 4.23 acres of land from an land use designation to a Community Mixed Use CentersIn conjunction with this request, the applicant is also requesting a rezoning of the same property from a Neighborhood Residential (NR- 4) zoning district to a Community Mixed Use General (CM-G) zoning district. The applicant is proposing general retail uses for the property. General retail uses are not permitted in the current NR-4 zoning district. Rezoning this property to CM-G will allow the applicant to develop the property with retail uses. A proposed, non-binding, site plan submitted by the applicant is presented in Exhibit 8. ANALYSIS: Comprehensive Plan The subject property is located adjacent to multiple parcels that are Analysis: currently designated as Community Mixed Use Centers, consisting of approximately 86.12 acres, see Exhibit 3. These parcels are mainly vacant and unplatted. An amendment of the future land use map (4.23 acres) to a Community Mixed Use Centers land use designation will increase this Community Mixed Use Center area to a total of approximately 90.35 acres. The Denton Plan describes Community Mixed Use Activity Centers as: 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. It includes vertically integrated uses where different uses may occur on The following are characteristics of Community Mixed Use Activity Centers: Purpose: To provide convenience and comparative shopping for goods & services to an individual neighborhood as well as a number of nearby neighborhoods. Typical Land Area: Up to 30 acres Typical Service Area and Population: Up to 8 square miles and 40,000 people. Typical Retail Tenant: Specialty stores, grocery, drug, hardware Typical Store Size: Less than 100,000 square feet Some of the Commercial Goals described in the Denton Plan include the following: 1. To provide for reasonable amounts and distribution of various types of commercial land use in attractive and well-located settings. (page 45) 2. To provide for commercial activities in planned activity or neighborhood centers, rather than on scattered sites or highway strips. (page 45) 3. To develop activity centers where commercial uses, professional offices, and public facilities are located near residential development, while providing safe and convenient pedestrian access. (page 45) 4. To provide for convenient, aesthetically pleasing, and environmentally sound commercial opportunities that, are easily accessible to the existing transportation network. (page 46) Other Community Mixed Use Centers exist within close proximity to the subject property, see Exhibit 5. Within one mile of the subject property at the Loop 288 and Locust intersection and the Loop 288 and Kings Row intersection are parcels designated as Community Mixed Use Centers. The number of parcels within the one mile buffer boundary as presented in Exhibit 5 is approximately 3,247. Many of the parcels are located south of Loop 288 and are developed with single-family homes. With the expected future growth north of Loop 288, the number of single- population. Development In conjunction with this request, the applicant is also requesting a Code/Zoning Analysis rezoning of the same property from a NR-4 zoning district to a CM-G zoning district. The applicant is proposing general retail uses for the property. General retail uses are not permitted in the current NR-4 zoning district. Rezoning this property to CM-G will allow the applicant to develop the property with retail uses. An analysis of permitted uses in the NR-4 and CM-G zoning districts is presented in the associated rezoning request Staff Analysis. DEPARTMENT AND The Development Review Committee reviewed the Comprehensive AGENCY REVIEW: Plan amendment request and provided comments and general information. The applicant has addressed all comments provided by the Development Review Committee. FINDINGS: According to the Denton Development Code Section 35.3.3.B(2), the application shall address the impact of the proposed change on the following: a. The Goals and Objectives of The Denton Plan. The proposed project will promote the goals and objectives of the Denton Plan by providing for retail uses in a well-located setting and in a planned activity or neighborhood centers, rather than on scattered sites or highway strips. b. The Future Land Use element of the Denton Plan. The land use designation change will not have an adverse impact on the Future Land Use element of the Denton Plan. The proposed Comprehensive Plan amendment is consistent with the goals and objectives of the Land Use element of the Denton Plan. c. The balance of land uses in the City. Amending the Comprehensive Plan for approximately 4.23 acres designation designation will not impact the balance of land uses in the City. The amount of area associated with the proposed Comprehensive Plan amendment is will not create an unbalance of land uses. The area under consideration is less than 0.01 percent. 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. Sherman Drive Mobility Plan. The applicant will be required to dedicate and construct the necessary infrastructure within the rights-of-way. In addition, the applicant will be required to obtain all TxDOT permits for all improvements located on Sherman Drive. Such improvements may include driveway improvements and construction of right-turn lanes. The subject property will utilize existing, adequate facilities to service the proposed development. Water service is available north of the subject property along Sherman Drive. Sewer service is located at two locations, one is located next to the drainage pond, north of Loop 288 and the other location is located on the east side of Sherman Drive, south of Loop 288. In addition, according to Denton Development Code Section 35.3.3.B (3), the actions in Section 35.3.3.A shall be further evaluated under the following factors to balance the interest in promoting the public health, safety, morals, or general welfare against the right to the use of the property in issue: 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 existing uses surrounding the subject property are compatible with the proposed use on the subject property. The proposed development will not impede the orderly development of the surrounding properties. b. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed development does not create an isolated district. The subject property is located adjacent to land that are currently zoned Community Mixed Use General (CM-G). c. The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience, and other public requirements. The proposed project will not increase the population density. 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 anticipated that the existing public utilities and roads are adequate to serve the subject site. Any improvements, such as extensions of public utilities and road improvements will be at the e. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity. The subject property is not within a designated Environmentally Sensitive Area (ESA) nor is it within a FEMA designated floodplain. Prior to any clearing and grading activity the developer will conduct a drainage study in order to assess necessary drainage facilities and minimize soil erosion, sedimentation, and localized flooding. 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. General retail uses are not permitted in the current NR-4 zoning district. Rezoning this property to CM-G will allow the applicant to develop the property with general retail uses. 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. The properties adjacent to the east and south are zoned CM-G and to the west and north are zoned NR-4. The surrounding properties, with the exception of the City Water Park and Denton ISD Athletic Complex to the north are currently vacant, see Exhibit 2. The proposed development and the future development of the surrounding properties will be required to comply with the general regulations identified in Subchapter 5 and site design standards identified in Subchapter 13 of the Denton Development Code. approval The Development Review Committee recommends of this Comprehensive Plan amendment request based on the following findings: 1. The proposed amendment is consistent with the Denton Plan land use goals and objectives. 2. The subject property is located in a prominent intersection making it suitable for a development of retail uses. EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 EXHIBIT 5 EXHIBIT 6 EXHIBIT 7 íÈÛÑÔÚ ïÎÉÔ×ÔÚÜÉÔÎÏ ùÜÉØ ïÎÉÔÚØ ôÏ îÍÍÎÊÔÉÔÎÏ ôÏ ÷ÜÇÎË ïØÈÉËÜÑ ñØÊÊ ÉÕÜÏ EXHIBIT 8 PROPOSED SITE PLAN AGENDA INFORMATION SHEET AGENDA DATE: January 6, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - Z08-0002 (Sherman Shops) Hold a public hearing and consider adoption of an ordinance providing for the rezoning of approximately 4.23 acres of land, located on the northwest corner of Loop 288 and Sherman Drive, from a Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a Community Mixed Use General (CM-G) zoning district classification and use designation; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause; and providing an effective date. (Z08-0002) The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Elk River Investments Denton, TX Elk River Investments, the Applicant, is requesting a rezoning for a 4.23-acre property from Neighborhood Residential (NR-4) to Community Mixed Use General (CM-G). The purpose of the rezoning request is to allow general retail uses on the subject property. General retail uses are not permitted in the current NR-4 zoning district. Rezoning the subject property to CM-G will allow general retail uses. A proposed non-binding site plan submitted by the Applicant is presented in Exhibit 7. In conjunction with this rezoning request, the Applicant is requesting an amendment to the Future Land Use Map for the same property land use designation Community Mixed Use Centers. One of the criteria for a rezoning approval is that the proposed zoning district must conform to the Future Land Use Map of the Denton Plan. The Comprehensive Plan amendment must first be approved by City Council before the proposed rezoning request can be considered. On November 17, 2008, the Applicant facilitated a neighborhood meeting that was attended by two property owners. The main issues discussed at the meeting were traffic safety (specifically as vehicles exit onto Sherman Drive); potential tenants of the proposed retail use buildings; and access to and from the water park located north of the subject site. Both property owners were in favor of the proposed Comprehensive Plan amendment. On November 19, 2008, the Planning and Zoning Commission conducted a public hearing and after hearing and reviewing all materials presented recommended approval of the proposed Comprehensive Plan amendment by a 6-0 vote. Public notification information is provided in Exhibit 6. As of this writing, staff has not received any responses from property owners within 200 feet of the subject site. PRIOR ACTION/REVIEW November 19, 2008 Planning and Zoning Commission Public Hearing OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission reviewed the proposed Comprehensive Plan amendment approval and all relative material on November 19, 2008 and recommends by a 6-0 vote. approval The Development Review Committee recommends of this rezoning request, contingent upon the approval of the Comprehensive Plan amendment. EXHIBITS 1. Staff Analysis 2. Location Map 3. Future Land Use Map 4. Existing Zoning Map 5. Proposed Zoning Map 6. Notification Information 7. Proposed Site Plan 8. Letter From Applicant 9. November 19, 2008 Planning and Zoning Commission Minutes 10. Ordinance Prepared by: Respectfully submitted: Ron Menguita, AICP Mark Cunningham, AICP Planning Supervisor Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: Z08-0002 DATE TO BE CONSIDERED: January 6, 2009 LOCATION: Northwest corner of Loop 288 and Sherman Drive APPLICANT: Elk River Investments 3311 North I-35, Suite 140 Denton, TX 76207 OWNER: Elk River Investments 3311 North I-35, Suite 140 Denton, TX 76207 REQUEST: Consider adoption of an ordinance of the City of Denton, Texas, providing for the rezoning of approximately 4.23 acres of land from a Neighborhood Residential 4 (NR-4) zoning district to a Community Mixed Use General (CM-G) zoning district. RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed Comprehensive Plan amendment and all relative material on approval November 19, 2008 and recommends by a 6-0 vote. Existing Land Use/Infill COMPREHENSIVE The subject site is located within an Compatibility PLAN DESIGNATION: future land use designation. Existing Land Use/Infill Compatibility is described in the Denton Plan as the following: Within established residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. SITE AND The site is currently vacant and unplatted. SURROUNDINGS: North: Neighborhood Residential 4 (NR-4) City of Denton Water Park and Denton ISD, Athletic Complex South: Community Mixed Use General (CM-G) - vacant East: Community Mixed Use General (CM-G) vacant house, unplatted West: Neighborhood Residential 4 (NR-4) - vacant BACKGROUND The applicant is requesting a rezoning from a NR-4 zoning district to INFORMATION: a CM-G zoning district to allow general retail uses on the subject property. General retail uses are not permitted in the current NR-4 zoning district. Rezoning this property to CM-G will allow the applicant to develop the property with general retail uses. A proposed, non-binding, site plan submitted by the applicant is presented in Exhibit 7. ANALYSIS: Comprehensive Plan In conjunction with this rezoning request, the applicant is requesting Analysis: an amendment to the future land use map for the same property from Community Mixed Use Centers criteria for a rezoning approval is that the proposed zoning district must conform to the future land use map of the Denton Plan. The Comprehensive Plan amendment must first be approved by City Council before the proposed rezoning request can be considered. Development The applicant is requesting a rezoning from a NR-4 zoning district to Code/Zoning Analysis a CM-G zoning district to allow retail uses on the subject site. General retail uses are not permitted in the current NR-4 zoning district. The following tables identify the permitted uses in the NR-4 and CM- G zoning districts: Residential Land Use NR-4 CM-G Categories Agricultural P P Live Stock L(7) L(7) Single Family Dwellings P N SUP Accessory Dwelling Units N L(1) Attached Single Family Dwelling SUP N Dwellings Above Business N P Live/Work Units N P Duplexes L(3) N Community Homes for the P P Disabled L(6) & Multi-family Dwellings N L(4) P= Permitted, N= Not Permitted, S= Specific Use Permit Commercial Land Use NR-4 CM-G Categories Home Occupation P N Hotels N P Motels N P Bed and Breakfast N P Retail Sales and Service N P Movie Theaters N SUP Restaurant or Private Club N P Drive-through Facility N P Professional Services and Offices N P Quick Vehicle Servicing N P Vehicle Repair N P Auto and RV Sales N P Laundry Facilities N P Outdoor Recreation P P Indoor Recreation N P Major Event Entertainment N SUP Commercial Parking Lots N P Administrative or Research N P Facilities Broadcasting of Production N P Studio Temporary Uses L(38) L(38) P= Permitted, N= Not Permitted, S= Specific Use Permit Industrial Land Use Categories NR-4 CM-G Printing / Publishing N P Bakeries N P Veterinary Clinics N P Gas Wells L(27) L(27) P= Permitted, N= Not Permitted, S= Specific Use Permit Institutional Land Use NR-4 CM-G Categories Basic Utilities L(25) SUP Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and SUP P Lodges Business / Trade School N P Adult or Child Day Care SUP N Kindergarten, Elementary School SUP N Colleges N P Medical Centers N P Mortuaries N P P= Permitted, N= Not Permitted, S= Specific Use Permit The following are general regulations for NR-4 and CM-G: General Regulations NR-4 CM-G Minimum lot area (square feet) 7,000* 2,500 Minimum lot width 50 feet * 50 feet Minimum lot depth 80 feet * 50 feet 20 feet * Minimum front yard setback None L(2) Minimum side yard 6 feet * None Minimum side yard adjacent to a street 10 feet * None Minimum rear yard 10 feet * None Minimum density, dwelling units per acre 4** N/A Minimum side yard for non-attached 5 feet** N/A building Maximum FAR N/A 1.5 Minimum residential unit size N/A 500 SF Maximum lot coverage 60% 80% Minimum landscaped area 40% 20% Maximum building height 40 feet 65 feet Minimum yard when abutting a N/A 20 feet residential use or district 10 feet plus 1 foot for each Minimum yard when abutting a single- foot of N/A family use or district building height above 20 feet * The following limits apply to subdivision of 2 acres or. ** The following limits apply to subdivisions of more than 2 acres in lieu of minimum lot size and dimension requirements. L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off- street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. L(4) = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. nd L(6) = Permitted only on 2 story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) = Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. L (38) = Must meet the requirements of Section 35.12.9. Rezoning this property to CM-G will allow the applicant to develop the property with general retail uses. Retail Sales and Service and Professional Services and Offices are not permitted in NR-4, but are permitted in CM-G. The general regulations for CM-G compared to NR-4 are more intense. The maximum lot coverage for CM-G is 80 percent compared to 60 percent for NR-4. In addition, the maximum building height for CM-G is 65 feet compared to 40 feet for NR-4. Future development for both CM-G and NR-4 are subject to the site design and landscaping standards per Subchapter 13 of the Denton Development Code. The minimum landscape area for CM-G is 20 percent while the minimum landscape area for NR-4 is 40 percent. The minimum tree canopy coverage for CM-G is 30 percent while the minimum tree canopy coverage for NR-4 is 50 percent. DEPARTMENT AND The Development Review Committee reviewed the rezoning request AGENCY REVIEW: and provided comments and general information. The applicant has addressed all comments provided by the Development Review Committee. FINDINGS: Pursuant to subsection 35.3.4.B. a zoning amendment shall be issued only when the following standards are met: 1.The following rezoning conforms to the Future Land Use element of The Denton Plan. In conjunction with this rezoning request, the applicant is requesting an amendment to the future land use map for the same use designation. The Comprehensive Plan amendment must first be approved by City Council before the proposed rezoning request can be considered. If the City Council approves the Comprehensive Plan amendment, the proposed zoning of CM-G will conform to the future land use of the Denton Plan. 2.The proposed rezoning facilitates the adequate provisions of transportation, water, sewers, schools, parks, other public requirements and public convenience. Sherman Drive Mobility Plan. The applicant will be required to dedicate and construct the necessary infrastructure within the rights-of-way. In addition, the applicant will be required to obtain all TxDOT permits for all improvements located on Sherman Drive. Such improvements may include driveway improvements and construction of right-turn lanes. The subject property will utilize existing, adequate facilities to service the proposed development. Water service is available north of the subject property along Sherman Drive. Sewer service is located at two locations, one is located next to the drainage pond, north of Loop 288 and the other location is located on the east side of Sherman Drive, south of Loop 288. EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 EXHIBIT 5 EXHIBIT 6 íÈÛÑÔÚ ïÎÉÔ×ÔÚÜÉÔÎÏ ùÜÉØ ïÈÐÛØË Î× ËØÊÍÎÏÊØÊ ÉÎ ôÏ îÍÍÎÊÔÉÔÎÏ ôÏ ÷ÜÇÎË ïØÈÉËÜÑ ñØÊÊ ÉÕÜÏ EXHIBIT 7 PROPOSED SITE PLAN ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ January 6, 2009 ÜÛÐßÎÌÓÛÒÌæ Utility and CIP Engineering ßÝÓæ Howard Martin, 349-8232 ________________________________________________________________________ ÍËÞÖÛÝÌ Hold a public hearing and consider adoption of an ordinance amending Subchapters 3 and 16 of the Denton Development Code conforming procedures to statutory provisions relating to proportionality of development exactions; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA08-0011) The Planning and Zoning Commission recommended approval on May 7, 2008 (6-0). ÞßÝÕÙÎÑËÒÜ Modifications have been made to the Texas Local Government Code (TXLGC) by the Legislature with regard to local permitting processes and their attendant exactions. The Denton Development Code (DDC) does not follow these revised procedures. The Legal Department has provided the following information with regard to this matter: 1.The Legislature has statutorily set forth procedures for dealing with local permitting and exactions through the adoption of Chapter 245 (“Issuance of Local Permits”) and Section 212.904 (“Apportionment of Municipal Infrastructure Costs”) of the Local Government Code. These provisions are “largely inconsistent with the existing provisions of the Denton Development Code.” Staff has been following the statutory requirements; however, the inconsistencies between the TXLGC and the DDC are “causing misunderstandings and confusion among developers and staff members alike.” 2.The changes to the TXLGC require that any hearings for appeal of these exactions shall take place before the City Council, and there is no ability to delegate this to the Planning and Zoning Commission (P&Z). “The statute really contemplates having the Council serve in a quasi-judicial role, acting only upon the evidence presented at the exaction appeal hearing.” The specific affected sections of the DDC by these changes to the Local Government Code are under Section 35.3.4 “Zoning Amendment Procedure.” Section 35.3.4.A.4 which states “Consider an application for an Exaction Variance from the Subdivision Regulations.” and Section 35.3.4.B.2.d which states “The proposed Exaction Variance is appropriate based on a finding that the imposition of the regulation(s) exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted.” are to be deleted in their entirety. These provisions of the DDC are to be supplanted with the newly created Section 35.3.12 “Exaction Proportionality Determination and Appeal Procedure.” This new section of the DDC will state as follows: “35.3.12Exaction Proportionality Determination and Appeal Procedure. A. Definitions. For purposes of this section: 1.Permit shall carry the meaning defined for that term by Chapter 245 of the Texas Local Government Code, as amended. 2.Public facilities system means the collection of public infrastructure facilities owned or operated by or in behalf of the City for the purpose of providing services to the public, including existing and new developments. 3.Public infrastructure improvement means an improvement to a component part of the above-defined public facilities system, required in whole or in part as a consequence of development, excluding those public infrastructure improvements funded by development impact fees under procedures authorized by Chapter 395 of the Texas Local Government Code B. Purpose, Applicability & Effect 1. Purpose. The purpose of a proportionality appeal is to assure that a requirement to dedicate, construct or pay a fee for a public infrastructure improvement imposed on a proposed plat or development permit as a condition of approval does not result in a disproportionate cost burden on the property owner, taking into consideration the nature and extent of the demands created by the proposed development on the City's public facilities systems. 2. Applicability. An appeal under this section may be filed by a property owner to contest any requirement to dedicate land, to construct improvements or to pay development fees, other than impact fees, for a public infrastructure improvement, which requirement is imposed under the City’s Subdivision Regulations to a plat application pursuant to this Code, whether the requirement is applicable under uniform standards, or is imposed pursuant to an individual evaluation of the proposed subdivision. 3. Designation.The City Manager may designate and retain another licensed professional engineer to perform the duties assigned to the City Engineer by this section, as needed to adjust workflow or to provide specific expertise. C Proportionality determination by City Engineer. Prior to consideration and approval of a final plat application or other requested permit requiring dedication or construction or a public infrastructure improvement, and upon receipt of a written request by applicant or platting entity, the City Engineer shall prepare a report affirming that each public infrastructure improvement to be imposed as a condition of plat or permit approval is roughly proportionate to the demand created by the development on the City’s public facilities systems, taking into consideration the nature and extent of the development proposed. 1. In making his proportionality determination, the City Engineer may rely upon data submitted by the developer in satisfaction of Section 35.16.8.I, as well as: findings pertaining to on-site improvements; the proposed or potential use of the land; the timing and sequence of development in relation to availability of adequate levels of public facilities; impact fee studies or other studies that measure the demand for services created by the development and the impact on the City’s public facilities systems; the function of the public infrastructure improvements in serving the proposed development; the degree to which public infrastructure improvements to serve the subdivision are supplied by other developments; the anticipated participation by the City in the costs of such improvements; any reimbursements for the costs of public infrastructure improvements for which the proposed development is eligible; or any other information relating to the mitigating effects of the public infrastructure improvements on the impacts created by the development on the City’s public facilities systems. 2. Based upon his proportionality determination, the City Engineer shall affirm that the public infrastructure improvement requirements of the Subdivision Regulations do not impose costs on the developer for such improvements that exceed those roughly proportionate to those incurred by the City in providing public facilities to serve the development. 3. The City Engineer may promulgate any application requirements that may assist in making the proportionality determination required by this subsection. D. Commission Determination. The City Planning and Zoning Commission or other permitting authority shall take into account the City Engineer’s report concerning the proportionality of public infrastructure improvement requirements to be applied to a proposed final plat application or permit approval, as the case may be, in making its decision on the plat application or permit approval, and shall identify any variation to the requirements that are to be included as conditions to plat or permit approval. E. Appeals. 1. Who May Appeal. An appeal to the City Council under this section may be filed by a property owner or the applicant for a final plat or permit, in which a requirement to dedicate land for, construct or pay a fee (other than an impact fee) for a public infrastructure improvement has been applied or attached as a condition of approval by the Development Review Committee, or as grounds for recommending denial of the pending plat application. 2. Time for Filing and Request for Extension of Time. The appeal shall be filed in writing within ten (10) days of the date the applicant receives the City Engineer’s proportionality determination. The appeal shall be filed with the City Engineer, who shall place the item for consideration at an upcoming meeting of the City Council. Upon filing an appeal, the applicant is thereby requesting the postponement of consideration of a pending plat application by the Planning and Zoning Commission, or permit, as discussed under Subsection 35.3.12.C, pending preparation of the study required by subsection (4) below, and completion of the appeal process, in which case the applicant shall also waive the statutory period for deciding plats for the time needed to decide the appeal by the City Council. 3. Form of Appeal. An appeal under this section shall allege that application of the standard or the imposition of conditions relating to the dedication, construction or fee requirement is not roughly proportional to the nature and extent of the impacts created by the proposed development on the City's public facilities systems, or does not reasonably benefit the proposed development. 4. Study Required. The appellant shall provide a study in support of the appeal that includes the following information, within 30 days of the date of appeal, unless a longer time is requested in writing, not to exceed 60 days total: a. Total capacity of the City's roadway, drainage or park system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed. b. Total capacity to be supplied to the City's roadway, drainage or park facilities system by the dedication of an interest in land, construction of improvements or fee contribution. If the plat application is proposed as a phased development, the information shall include any capacity supplied by prior dedication, construction or fee payments. c. Comparison of the capacity of the City's public facilities system(s) to be consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land, construction of improvements, or fee payment. In making this comparison, the impacts on the City's public facilities system(s) from the entire development shall be considered. d. The amount of any City participation in the costs of oversizing the public infrastructure improvement to be constructed in accordance with the City's requirements. e. Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the dedication, construction or fee requirement imposed by the City. F. Processing Application. 1. Responsible Official. The City Engineer is the responsible official for evaluation and processing of an appeal under this section. 2. Evaluation, Recommendation. The City Engineer shall evaluate the appeal and supporting study and shall make a recommendation to the City Council based upon the information contained in the study, and the City Engineer's analysis based upon the same factors considered in making his original proportionality determination. G. Decision. The City Council shall decide the appeal based on the criteria listed in subsection 35.3.12.H, and may take one of the following actions. 1. Deny the appeal, and impose the standard or condition on the plat or permit application in accordance with the City Engineer’s recommendation or the Planning and Zoning Commission’s decision on the plat; or 2. Deny the appeal, upon finding that the proposed dedication, construction or fee requirements are inadequate to offset the impacts of the subdivision on the public facilities system for water, wastewater, roadway, drainage or park improvements, and either deny the plat or permit application, or require that additional public infrastructure improvements be made as a condition of approval of the application; or 3. Grant the appeal, and waive in whole or in part any dedication, construction or fee requirement for public infrastructure improvements to the extent necessary to achieve proportionality; or 4. Grant the appeal, and direct that the City participate in the costs of acquiring land for or constructing the public infrastructure improvement under standard participation policies. H. Criteria for Approval. In deciding an appeal under this section, the City Council shall determine whether the application of the standard or condition requiring dedication of an interest in land for, construction of, or payment of a fee for public infrastructure improvements is roughly proportional to the nature and extent of the impacts created by the proposed subdivision on the City’s public facilities systems for water, wastewater, roadway, drainage or park facilities, and reasonably benefits the development. In making such determination, the Council shall consider the evidence submitted by the appellant, the City Engineer's report and recommendation, considering in particular the factors identified in Subsection 35.3.12.C. I. Action Following Decision. If the relief requested under the proportionality appeal is granted in whole or in part by the City Council, the dedication, construction or fee requirement initially recommended by the development review committee as a condition of plat or permit approval shall be modified accordingly, and the standards applied or the conditions attached to approval of the plat or permit application shall be conformed to the relief granted. J. If the plat or permit application is modified to increase the number of residential units or the intensity of non-residential uses, the responsible official may require a new study to validate the relief granted by the City Council. K. Expiration of Relief. If an applicant for plat or permit approval prevails on a proportionality appeal, but fails to conform the plat or permit application to the relief granted by the City Council within the ninety-day period provided, the relief granted by the City Council on the appeal shall expire. 1. The Council may extend the time for filing the revised plat or permit application for good cause shown, but in any event, the expiration date for the relief granted shall not be extended beyond one year from the date relief was granted on the appeal. 2. If the plat application for which relief was granted is denied on other grounds, a new petition for relief shall be required on any subsequent application.” In addition to these recommended modifications to Subchapter 3 of the DDC, revisions are also necessary to Subchapter 16. Section 35.16.4.B “Expiration of Dormant Projects” is to be replaced in its entirety with the following: “B.Expiration of Dormant Projects. 1.ANY GENERAL DEVELOPMENT PLAN, PRELIMINARY PLATS, FINAL PLATS, REPLATS, AMENDING PLATS, CONVEYANCE PLATS OR DEVELOPMENT PLATS THAT ARE DORMANT ACCORDING TO THE PROVISIONS OF TEX. LOC. GOV’T. CODE §245.005, AS AMENDED, SHALL EXPIRE ON MAY 11, 2004. 2.For the purposes of this subsection, the terms “permit” and “project” shall carry the meaning defined for those terms in Chapter 245 of the Texas Local Government Code, as amended. a.Unless otherwise specifically provided in this subchapter, any permit associated with a development project shall automatically expire within two years of its approval, if: No progress has been made towards completion of the Ô project, as defined by Tex. Loc. Gov’t Code §245.005(c); and At least five years have elapsed since the first permit for the ÔÔ project was filed. b.Any application for a new development permit, or application to modify an existing development permit, shall be deemed to commence a new development project, as of the date it was filed, if the new or modified permit application is incompatible with the permits preceding it.” The following subsection is to be added to Section 35.16.8 “Application and Fees”: “35.16.8.I. Exaction Proportionality Data. Every Application submitted under this Section shall include data requested by the DRC chair or City Engineer to permit apportionment of costs of required public infrastructure improvements, pursuant to section 35.3.12.C.” Section 35.16.20.D “Cost of Improvements and City Participation” is to be replaced in its entirety with the following: “D. Cost of Improvements and City Participation. The applicant shall make all required improvements, at his expense, according to City regulations, without reimbursement by the City, except for certain reimbursable costs as provided in Subsections 35.21.9 and 35.21.10, or as determined as a result of an Exaction Proportionality Determination and Appeal under Subsection 35.3.12.” These revisions provide the necessary consistency between the TXLGC provisions and the DDC. ÑÐÌ×ÑÒÍ 1.Recommend approval of the attached amendments to Subchapters 35.3 and 35.16. 2.Recommend approval of the attached amendments to Subchapters 35.3 and 35.16.with modifications. 3.Recommend denial. 4.Table. ÎÛÝÑÓÓÛÒÜßÌ×ÑÒ Staff recommends approval of the attached amendments to Subchapters 35.3 and 35.16.. ÐÎ×ÑÎ ßÝÌ×ÑÒñÎÛÊ×ÛÉ øݱ«²½·´ô Þ±¿®¼ô ݱ³³··±²÷ 1.April 23, 2008 Planning and Zoning Commission work session. 2.May 7, 2008 Planning and Zoning Commission public hearing. ÛÈØ×Þ×ÌÍ 1.Ordinance. 2.Planning and Zoning Commission Minutes, May 7, 2008 Respectfully submitted, Frank G. Payne, P.E. City Engineer éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 6, 2009 DEPARTMENT: Planning ACM: Fred Greene ______________________________________________________________________________ SUBJECT- A08-0001 (JNC Properties Annexation) Consider adoption of an ordinance of the City of Denton, Texas, annexing by consent two tracts of land consisting of approximately 865.92 acres, contiguous and adjacent to the city of Denton, generally located in two distinct areas, the first area (annexation area #1) being approximately 24.94.23 ity limits and Lake Ray Roberts, south of FM 2153, and the second area (annexation area #2) is approximately 843.35 acres and is generally located east of FM 2164 and north of Shepard Road; approving a service plan for the annexed property; providing a severability clause and an effective date (A08- 0001). The Planning and Zoning Commission recommends the annexation proceed as presented 5-0. BACKGROUND Applicants: JNC Partners Denton, LLC, White Cake Denton, L.P., and John Lau An annexation proceeding is being considered by the City of Denton for approximately 865.92 acres consisting of two separate and non-contiguous areas, as presented in Exhibit 1. The first area (annexation area #1) is approximately 23.23 acres and is generally located between the ity limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) is approximately 842.69 acres and is generally located east of FM 2164 and north of Shepard Road. The purpose of the proposed annexation is to annex the properties into the City and to eventually develop them along with the other JNC properties to the east as a Master Planned Community. The following items summarize the important actions taken: On December 10, 2008, Planning and Zoning Commission held a public hearing regarding the proposed annexation. On December 9, 2008, City Council held the second of two public hearings. On December 2, 2008, City Council held the first of two public hearings. - territorial Jurisdiction (ETJ) and is not zoned. The Comprehensive Plan identifies this area to be within a Rural Areas land use designation. The annexation is scheduled for completion on February 17, 2009, see Exhibit 5. nnexation policy plan, approved in June 1993, the City will within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of- ubject to within a platted lot; any subdivision or reconfiguration of the subject property will be subject to of this site into the City would not require additional properties. Public notification information is provided in Exhibit 4. As of this writing, staff has received nine (9) responses from property owners within 200 feet of the subject site. One property owner is neutral to the proposed annexation, two are in favor, and six are in opposition. In addition to the nine (9) responses, staff received one response from a property owner outside 200 feet of the subject site. The property owner is in opposition of the annexation petition. The property OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION At the December 10, 2008 Planning and Zoning Commission recommended the annexation proceed as presented 5-0. Staff recommends that the public hearings proceed as scheduled, finding that the need to manage and coordinate development in an orderly manner is a significant City objective that the City of Denton will pursue. PRIOR ACTION/REVIEW (Council, Boards, Commissions) December 2, 2008 First City Council Public Hearing December 9, 2008 Second City Council Public Hearing December 10, 2008 Planning and Zoning Commission Public Hearing FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. EXHIBITS 1. Location Map 2. Future Land Use Map 3. Proposed Plan for Development 4. Notification Information 5. Annexation Summary Schedule 6. Service Plan 7. Service Area Analysis 8. Responses to public hearing notice 9. December 10, 2008 Planning and Zoning Commission Minutes 10. Ordinance Prepared by: Respectfully submitted: Ron Menguita, AICP Mark Cunningham, AICP Planning Supervisor Director of Planning and Development EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 PROPOSED PLAN FOR DEVELOPMENT EXHIBIT 4 íÈÛÑÔÚ ïÎÉÔ×ÔÚÜÉÔÎÏ ùÜÉØ ôÏ îÍÍÎÊÔÉÔÎÏ ôÏ ÷ÜÇÎË ïØÈÉËÜÑ EXHIBIT 5 ANNEXATION SUMMARY SCHEDULE A08-0001 JNC Properties Annexation Tuesday, 12/2/08 City Council conducts first public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Annexation Study prepared and available for public review. Service Plan prepared and available for public review. Tuesday, 12/09/08City Council conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, 12/10/08 Planning and Zoning Commission public hearings make a recommendation to City Council regarding the proposed annexation. Tuesday, 1/06/09 City Council by a four-fifths vote institutes annexation proceedings First reading of annexation ordinance. Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, 1/18/09Ordinance published The ordinance cannot be acted upon until at least 30 days after publication. Tuesday, 2/17/09 City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes st annexation proceedings (adopts ordinance on 1 reading). The second reading of the ordinance could be held any time between 2/17/09 and 4/06/09. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local st Government Code requires that City Council institute annexation proceedings (1 Reading of the 20 days after the second City Council public hearing but less than 40 Ordinance) more than days from the first City Council public hearing. EXHIBIT 6 CITY OF DENTON SERVICE PLAN FOR A08-0001 JNC Properties Annexation I.AREA ANNEXED The area to be annexed comprises approximately 865.92 acres of land adjacent to the City of Denton, Texas, Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of two distinct areas, as shown on the attached location map. The first area (annexation area #1) is approximately 23.23 acres in size and is generall northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) is approximately 842.69 acres and is generally located east of FM 2164 and north of Shepard Road. II.INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.056(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III.AD VALOREM (PROPERTY OWNER) TAX SERVICES A.Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. Additional personnel and equipment will be needed to serve the area, if developed as proposed. B.Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 10 minutes, which is similar to responses for surrounding properties within the city limits. The City of D. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County, shall be maintained by the City of Denton on the effective date of the annexation. Maintenance of street signs, street lighting and traffic control devices will commence by the City of Denton on the effective date of the annexation. E.Parks and Recreation Facilities There are few residents in the area to be annexed, and no parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within four miles of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. As the land develops, the City will evaluate the need for park and recreational facilities in accordance with the 2000 Parks and Recreation Master Plan and applicable city ordinances. F.Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. G.Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a ed. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. H.Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Development Code, concerning subdivision and land development regulations. IV.UTILITY (RATEPAYER) SERVICES A.Solid Waste Collection The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. All residential homeowners and commercial businesses should telephone the City of Denton Solid Waste Customer Service Department at 940-349-8787 to initiate service. Residential Solid Waste Services Each residential customer will be provided a 60-gallon wheeled, green refuse cart, which will be serviced one time per week. Upon request, a smaller or larger refuse cart can be provided. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly curbside recycling services with each residential customer being provided a 60 gallon wheeled blue recycling cart. Collection is provided by Allied Waste Services. Household Chemical Collection provided once per week upon request. use cart service, curbside-recycling service, yard waste collection service, and household chemical collections will occur on the same day each week. Please telephone Solid Waste Field Support Operations, 940-349-8080 to obtain information or find out which day your refuse, yard waste, recyclables, and household chemicals will be collected. Commercial and Industrial Refuse and Recycling Services Each commercial and/or Industrial business will be provided with a commercial container(s). They are available in a variety of sizes and frequencies of collection, based on the waste materials types and volumes generated. All refuse placed in a commercial refuse container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed (front load containers only) will not be collected. All refuse placed outside any container is subject to code enforcement regulations, including potential fines. For placement of a commercial recycling container, please contact Solid Waste Field Support Operations, 940-349-8080, to have a recycling coordinator visit your site to perform a recycling materials audit in order to determine the various materials available for recycling at your site. All recyclables shall be placed in recycling containers without being bagged. Landfill Services The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding landfill disposal charges or other services, call the Landfill Office at 940-349-8041. B.Water/Wastewater Facilities The annexation area is along the northeastern border of the City of Denton. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be the retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Currently, the area to be annexed is provided water service by Bolivar Water Supply Corporation, Greens Springs Water Supply Corporation or private water wells. Wastewater service is currently provided by individual private onsite wastewater systems (septic tanks and aerobic spray irrigation systems). There is a 54-inch waterline along FM 2153 and FM 428 in immediate proximity to the area to be annexed. Water service is available from this transmission pipeline to provide both potable water and fire-flow at designated connection points that were designed into the pipeline upon acquisition of the right to serve. The City of Denton has plans to construct a new wastewater treatment plant in the Clear Creek watershed to provide wastewater service to this portion of their wastewater CCN. The City has obtained a wastewater discharge permit from the TCEQ for this facility. Construction of this facility however is currently not included in the 5-year capital improvement plan. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density based on current land use. The service plan shall be amended to provide for extension of water mains (upon acquisition of the right to serve) from existing and planned facilities as development occurs within the area in conformance with standard extension regulations and rules, which require extension at the initial expense of the property owners, subject to and consistent with the City's participation policies, Tex. Loc. Gov't Code ch. 395, and the City's impact fee regulations. C.Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density based on current land use. The plan may be amended, however, as development occurs. D.Electrical Services CoServ is certified by the State to provide electric utility service to the annexation area. V.OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI.CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ½) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VII.UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII.TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. IX.AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). EXHIBIT 7 SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation The Planning and Development Department has received a request for annexation of approximately 865.92 acres of land adjacent to the City of Denton, Texas, located in the northeastern ar, Division 1. The proposed annexation is in multiple ownerships, and consists of two distinct areas, as shown on the attached location map. The first area (annexation area #1) is approximately 23.23 acres in Roberts, south of FM 2153. The second area (annexation area #2) is approximately 842.69 acres and is generally located east of FM 2164 and north of Shepard Road. Size: 865.92 acre Location: Proposed use: Residential and Retail Development Proposed zoning: Multiple zoning districts The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please ability to provide services to the proposed area it is necessary to document: proposed area; additional personnel and capital equipment/facilities necessary to provide an adequate level of service to the proposed area; and cost of providing additional service. Existing Conditions: Proximity to existing arterial and collector roads. The first area approximately 23.23 acres is , south of FM 2153. The Mobility Plan designates FM 2153 as a Secondary Major Arterial. The second area approximately 842.69 acres is generally located east of FM 2164 and north of Shepard Road. The Mobility Plan designates FM 2164 as a Primary Major Arterial and Shepard Road as a Secondary Major Arterial. Future Land Uses. The proposed annexation areas are within the Rural Areas future land use designations. Existing land uses: The first area approximately 23.23 acres is developed with rural residential developments. The second area approximately 842.69 acres is developed with some rural residential developments with the majority of the area undeveloped/pasture land. Prominent natural features: Environmental Sensitive Areas (ESAs), including floodplain and stream buffers are located within the proposed annexation areas. Proximity to other service providers: The annexation area is along the northeastern border of the City of Denton. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be the retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Ron Menguita in the October 31, 2008 Planning and Development Department by , and call 349-8328 if there are any questions. SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Fire # 4 1. Fire and Emergency Medical Services can be provided to the area from fire station (2110 E. Sherman) and fire station #5 (2230 W. Windsor) . 7-10 2. Estimated response time. minutes 5 3. Appropriate response time in the City. minutes No 4. Is a new fire station approved in the CIP that could serve this area? If yes, what is the CIP program year? Yes 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? 2014 If yes, when should this station be operational? 6. Total estimated funding for equipment, employees and/or facilities needed to serve this To be determined. area strictly based on annexation and proposed development. 7. Please comment on the cumulative impact of annexation and development. N/A At what population level would another fire station facility be required? Is there an accepted facility/equipment to population ratio that can be used for planning No purposes? Is there an accepted fire fighter to population ratio that can be used for planning No purposes? Additional Comments: Ross Chadwick, Fire Chief October 30, 2008 _______________________________ _______________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Parks and Recreation 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are, Water Works Park and Natatorium Pool complex 4 miles to the south, and the Greenbelt Trail and Clear Creek Nature Center approximately 4 mile to the east. The Lake Ray Roberts State Park areas are to the north and east approximately 1 to 5 miles. Current residents will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan does not extend to the general area of the proposed annexation. Existing open space land at Clear Creek Nature Center and the Greenbelt trail along with facilities of Lake Ray Roberts will provide regional park needs. As neighborhood subdivision development occur neighborhood parks and community parks with athletic facilities will be necessary. 2.5 (to be dedicated at time of Neighborhood Parks: ____ per 1,000 population. development) 5 ____ acres minimum size. (by developer) _____ cost per acre. Recreation Center: _____square feet per 1,000 population. _____square feet minimum size. _____cost per square foot. Other facilities 3 Community Parks: ____ per 1,000 population. 30 acres ____ minimum size. _____ cost per square foot. 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? None required for Parks at this time. However addition mowing for street right of ways will be needed. Annual Cost for street right of way mowing is estimated at $1,600.00 for the 5 miles or 14.6 acres of new right of way mowing areas to come into the city. _____ cost per acre. _____ cost per square foot. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? No additional personnel for Parks maintenance required at this time. However additional resources will be required for road right of way mowing along, FM2153, Shepard, Gribble Springs and Indian Wells and county roads in the area. _____ additional personnel per 1,000 population; _____ additional personnel per 1,000 square feet of facility; or _____ additional personnel per acre of park. 5. Service Standards: Based on $41.00 per acre per mowing cycle. Additional Comments: Denton Parks and Recreation Department will attempt to coordinate placement of park facilities proposed for development by the developer or use funds from the Park Land Dedication requirements to purchase or expand existing parks within the service area of this development Bob Tickner, Superintendent of Park Planning October 31, 2008 _______________________________ ___________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Police 1. Estimated average response time for this area based on current department conditions: 12 Priority ____ minutes 20 Non-priority ____ minutes 15 Average ____ minutes 2. Appropriate average response time in the city based on current department conditions: 7 Priority _____ minutes 12 Non-priority ____ minutes 10 Average ____ minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific Yes4Police Officers result of this proposal? If yes, how many? What type? Yes 4. Will additional equipment and funding be needed to serve this area? If yes, what 2 Equipped Police Vehicles type? 5. Will a police substation or other facility be needed to serve this area as a result of No annexation and development? If yes, when should the new facilities be operational? _____ 6. Please comment on the cumulative impact of annexation and development. 150,000 At what population level would another police facility be required? Is there an accepted facility/equipment to population ratio that can be used for planning No purposes? Is there an accepted officer to population ratio that can be used for planning purposes? The national average for cities in our population range is 1.9 officers per 1000 population. Additional Comments: Animal Services will require an additional field officer and a vehicle to service this area as proposed. Roy Minter, Chief of Police October 31, 2008 ________________________________ _____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Library 1. Estimated additional funding needed strictly based on proposed annexation and $0.00 development. 2. Please comment on the cumulative impact of annexation and development. Since the proposed annexation area is comprised of land adjacent to the City of it will not have a negative impact on library services. 131,738 3. At what population level would another library facility be required? 4. Is there an accepted circulation to population ratio that can be used for planning Yes, The annual circulation per capita average for the legal service purposes? area population served by the Denton Public Library is 7.47. 5. Is there an accepted employee to population ratio that can be used for planning Yes, 1 full-time equivalent staff per 1,000 population and 1 purposes? professional librarian (M.L.S.) per 8,000 population. 6. If annexed, can anticipated service demands be met using existing materials, facilities, Yes and personnel? 7. If not, how many additional employees and what type of facilities and materials will be N/A needed to provide services? Additional Comments: This annexation will not impact the current level of library services. Eva Poole, Director of Libraries October 30, 2008 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Solid Waste Yes 1. Is residential solid waste service available to the proposed area for annexation? Yes 2. Is commercial solid waste service available to the proposed area for annexation? 3. What is the estimated cost to provide this area with solid waste service? The incremental cost to add the additional customers desiring service. Equipment and Maintenance. _____ Personnel. _____ 4. What is the typical revenue collected per: $15.50, $17.35, or $18.75 per refuse cart Household. $4.30 for residential recycling Charges are based on the container size and Commercial Business frequency of service 5. Will additional equipment be needed to serve this area if annexed or developed? No additional equipment is required. NA Type of Equipment. NA Cost of Equipment. 6. Will additional employees be needed to serve this area if annexed or developed? No additional employees are required. NA Type of Employees. NA Number of Employees. 7. Please comment on the cumulative impact of annexation and development. N/A At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning No purposes? Is there an accepted employee to population ratio that can be used for planning No purposes? Additional Comments: Scott Lebsack, SW Administration ManagerOctober 27, 2008 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? _____ 2. What type of lines and facilities would be required to serve this area? _____ 3. Are any new lines or facilities proposed for construction to serve this area? _____ 4. Are there any potential responsibilities if this area is annexed? _____ 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? _____ Is there an accepted equipment to population ratio that can be used for planning purposes? _____ Is there an accepted employee to population ratio that can be used for planning purposes? _____ Additional Comments: CoServ Electric has in place on or near the referenced properties an adequate and dependable source of electric power and energy capable of supplying electric service to the proposed development locations. Service can be extended to the developed tracts upon request according to our approved Tariffs. Jim Shannon, Business Development Representative CoServ Electric November 20, 2008 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Water/Wastewater 1. What is the nearest City of Denton water line? 54 inch Transmission Pipeline Size of water line. West side of FM 2153 from FM428 to Burger Location of water line. Road Varies from 6,000 to 20,000 feet Distance from proposed annexation. See comments below regarding 2. What is the nearest City of Denton sewer line? sewer lines. Size of sewer line. _____ Location of sewer line. _____ Distance from proposed annexation. _____ 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location 54 inch2017-2032FM2153 and 2164 Water lines See comments below regarding sewer lines. Sewer lines No, 4. Are there any City of Denton lines included in the proposed annexation? wastewater lines are included in the proposed annexation. 5. Please comment on the cumulative impact of annexation and development 6,250 At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning 6,250 purposes? Is there an accepted employee to population ratio that can be used for planning 625 purposes? Additional Comments: Texas Commission on Environmental Quality (TCEQ) has issued the permit to City of Denton for construction of the Clear Creek Water Reclamation Plant (CCWRP) on City owned property. This plant will provide wastewater treatment service for development in the Clear Creek/Milam Creek/Culp Branch sewersheds. The proposed Craver Ranch development lies within the City of Denton Wastewater CCN. All wastewater flows from this development shall be conveyed to the proposed CCWRP. The Craver Ranch Developer shall develop a wastewater master plan and determine the quantity of wastewater flows to be generated from the development. The Developer shall design and construct the sewer line sized to convey all wastewater flows from the development in accordance with the wastewater master plan, to the CCWRP. The sewer line extension shall be designed under current City subdivision and development code and water/wastewater design criteria manual requirements. The analysis and review of the wastewater master plan will be required during the general development and the preliminary plat process. The major trunk sewers within the development and the off-site sewer line extension will be subject to consideration for oversize participation agreements by the City in accordance with current City subdivision and development code requirements. Oversize participation agreements are subject, however, to approval by the Denton City Council after receiving a recommendation from the City of Denton Public Utilities Board. The Developer may elect to request a pro-rata agreement from the City for any off-site sewer improvements in accordance with current City subdivision and development code requirements. Pro-rata agreements are subject to approval by the Denton City Council after receiving a recommendation from the City of Denton Public Utilities Board. Developer understands that the City charges impact fees for all new or expanded water of the off-site sewer line to convey wastewater flows from the development to the CCWRP does not represent any credit against impact fees due the City. Impact fees are assessed for all connections to the City water/wastewater system based on the rate schedule that is in effect at the time of platting. Impact fees will be collected at the time a building permit is obtained; or if a building permit is not required, it is collected at the system. P. S. Arora, Assistant Director WastewaterNovember 19, 2008 Tim Fisher, Assistant Director Water Utilities December 1, 2008 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Engineering and Transportation 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Type of Improvement Approximate Cost No CIP roadway improvements are scheduled, see comments below 2. Are any of these improvements presently scheduled to be done at state or federal NO expense? If yes, please identify facility and anticipated date improvements will begin. _____ 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). City of Denton is not aware of any drainage improvements that have been targeted for the annexation areas that would require city funding. However, any drainage structures within the annexation areas and perimeter road in the area may require improvements during future development if any drainage structure does not handle a 100-year storm event. 4. Will additional equipment and facilities be needed as a specific result of this annexation NO and development? If yes, what type of equipment or facility? _____ 5. Please comment on the cumulative impact of annexation and development. N/A At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning N/A purposes? Is there an accepted employee to population ratio that can be used for planning N/A purposes? Additional Comments: A Traffic Impact Analysis (TIA) will be required that assess the effects to the existing roadways as well as those required of the Denton Mobility Plan. Additional roadways The property owner should be aware that there is a proposed E/W Tollway for this area that may align with a part of the southern boundary of the larger tact and should contact the proper authority(ies) for more information. Dale Hoelting October 31, 2008 Bud Vokoun December 1, 2008 _______________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Denton Independent School District 1. Education services are currently provided by: Denton Independent School District 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? Current DISD facilities and staff levels will not service the student population based on planned residential/commercial development of the 865.92 acres. 3. How many additional employees and what type of facilities and materials will be needed to provide services? ±«ª? ?Y Üñ ÂÆ££± ôÃÐÆ ÂÆ££± ¼£? ± É£?È Â?kª? É£?k± ?㪠740 321 337 1398 «?k ú ñÃ?Y Æ?kÃ?«ª? 3È/ 4 4 Â? øøêР344 32 32 320 DISD student yield per residential unit: Single family yield factor of .75 students per unit: (.40 = Elementary, .17 = Middle School, .18 = High School) Non-subsidized Multi-family yield factor of .12: (.06 = Elementary, .03 = Middle School, .03 = High School) Subsidized Multi-family yield factor of .53: (.30 = Elementary, .12 = Middle School, .11 = High School Calculations based on City of Denton Residential Data (402 acres S/F x 4 units per acre = 1608 S/F units) - (113 acres M/F x 14 units per acre = 1582 M/F units) 4. Estimate additional funding needed strictly based on proposed annexation and development. ±«ª? ?Y Üñ ÂÆ££± ôÃÐÆ ÂÆ££± New Facilities Cost $21 Million $49 Million $100 Million x1È/Üñ±Ã£ª x0.2Ë444 x0.2Ë444 Staffing Salary 5. Will projected school taxes from this development provide that additional funding? To be determined. 6. Please comment on the cumulative impact of annexation and development DISD will require additional school bond programs to finance construction of new facilities. 7. At what population level would other school facilities be required for the City of Denton? New facilities are designed to accommodate the following: Elementary - 550 - 650 students Middle School - 900 - 1000 students High School - 1800 - 2000 students 8. Is there an acceptable employee to population ratio that can be used for planning purposes? Elementary - 22 students per teacher Middle School - 28 students per teacher High School - 28 students per teacher Rod Reeves, Facilities Coordinator December 3, 2008 _______________________________ ____________ Person to contact if there are questions Date Responses to Public Hearing Notice éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛ : January 6, 2009 ÜÛÐßÎÌÓÛÒÌ : Transportation Operations ßÝÓ : Howard Martin, 349-8230 ÍËÞÖÛÝÌ Consider the approval of an ordinance approving the termination of that certain lease of Airport Property between the City of Denton, Texas and Sykes-Vaughan Investments (US Aviation Group); authorizing the City Manager to execute a Fixed Base Operator Airport Lease Agreement Between the City of Denton, Texas, and US Aviation Group which includes among other provisions the right to sell aviation fuel to the public for a five-percent fuel flow fee, provide commercial hangar and tie-down service and the expansion of the US Aviation Group leasehold by approximately 168,000 square feet; and providing and effective date. ÞßÝÕÙÎÑËÒÜ US Aviation Group currently holds a commercial airport lease for the purpose of providing flight instruction, aircraft maintenance and other aviation related services on the Denton Airport. The current lease agreement held by US Aviation Group is an agreement assigned to US Aviation Group in January 2006. Originated in February 2002, the original agreement is scheduled to expire in February 2032. In the past three years US Aviation Group has made significant investments in their airport leasehold including expansion and development of another leasehold to include the construction of two 14,000 square foot facilities on an approximate 1.5 acre tract. Furthermore, they have greatly expanded their fleet of training aircraft to 23 total aircraft and employ of 50 full-time and part-time employees. This lessee and their associated developments have assisted in the provision of expanded services to the aviation community in North Texas. US Aviation Group has requested the City to consider a renegotiated lease that would allow for a longer term to the existing lease and allow their organization to expand the level of aviation services they can provide to the public to include Fixed Base Operation (FBO) services. The proposed extended lease, seven years, would enable US Aviation Group the ability to capitalize on recent investments and proposed leasehold enhancements on the Denton Airport. The lease extension will also provide better financing options for the proposed $1 million for the proposed FBO expansion plan. US Aviation Group is a quality corporate partner demonstrating their commitment to Denton Airport by marketing the Denton Airport through existing services, by following through on past development proposals, assisting with special events on the airfield and working with the University of North Texas on creating a four-year comprehensive aviation program. Terms and conditions in the proposed FBO lease agreement with US Aviation Group are based on the existing FBO lease agreement in effect with Business Air Center, however, land lease rates reflect different market conditions with each lease; date negotiated, location on airfield and quality of existing infrastructure. The proposed lease agreement includes financial participation 1 by the City of Denton to enhance the drainage infrastructure near the south aircraft apron. With Airport Board recommendation, airport staff is proposing that gas well royalties be utilized to enhance the drainage infrastructure immediately east and south of the existing south public apron to better facilitate the expansion of the south public apron by the tenant. The proposed drainage enhancements include the realignment of an existing ditch line and the installation of approximately 160 linear feet of reinforced concrete pipe. The proposed apron expansion is consistent with the 2003 Airport Master Plan recommendations (see Exhibit 3). The terms of the lease agreement will permit the tenant to take over management of the south public apron and will require the tenant to assume pavement maintenance responsibility for the apron ensuring that the existing 60,000 pound weight bearing capacity be maintained. ÎÛÝÑÓÓÛÒÜßÌ×ÑÒ Airport Advisory Board recommends approval of proposed lease 4-1. Airport staff recommends approval of lease. ÛÍÌ×ÓßÌÛÜ ÍÝØÛÜËÔÛ ÑÚ ÐÎÑÖÛÝÌ The lease would become effective March 1, 2009 and continue through the last day of February 2039 (30 years). The lease also provides for one 10-year option to extend. Lease obligations will require the tenant to initiate construction on the FBO expansion within nine months and complete said improvements within two years of the effective date of the proposed lease. Tenant will also be required to start apron expansion within two years of the effective date. ÐÎ×ÑÎ ßÝÌ×ÑÒñÎÛÊ×ÛÉ The Airport Board reviewed the lease at previous meetings on October 8, 2008 and October 13, 2008 and recommended approval at the December 22, 2008 special called meeting, 4-1. The Mobility Committee reviewed a previous proposal at their October 21, 2008 meeting providing staff direction that they were agreeable to the land lease terms, but expressed concerns relating to the previous fuel flowage fee provisions. Ú×ÍÝßÔ ×ÒÚÑÎÓßÌ×ÑÒ The lease rate for the proposed lease is $0.17 per square foot per year for non-aircraft movement area parcels (Parcel A, B, C and F) and $0.13 per square foot per year for aircraft apron areas (Parcels D and E) as identified on Attachment A, attached to this document as Exhibit 3. A 10% tie-down and hangar commission will be in effect the first year of the lease and will be adjusted to 11% in December 2009 and adjusted to 12% in December 2019. The lease rate for the first year will be approximately $27,894 per year, not including fuel and hangar commissions. The lease provides for a fuel flow rate of five-percent of wholesale cost of fuel until December 2009 and the opportunity to renegotiate the fuel flow fee in December 2019. The lease agreement provides for rate adjustments, based on the Consumer Price Index, every other year for the term of the lease as per FAA requirement beginning February 2011. The proposed lease will require the City of Denton to participate with drainage improvements for the proposed the apron expansion as outlined in Exhibit 4 to this report. Drainage enhancements by the City are estimated at less than $100,000 and could be completed by City staff. 2 ÛÈØ×Þ×ÌÍ 1.Draft Ordinance 2.Proposed Lease Agreement 3.Attachment A to Lease 4.Exhibit 3 to the Lease 5.Draft Minutes, December 22, 2008 Airport Advisory Board Respectfully submitted: Mark Nelson Transportation Director 3 ÜÎßÚÌ Ó×ÒËÌÛÍ 1 ß×ÎÐÑÎÌ ßÜÊ×ÍÑÎÇ ÞÑßÎÜ 2 ÜÛÝÛÓÞÛÎ îîô îððè 3 4 5After determining that a quorum was present, the Airport Advisory Board convened for a Special Called 6Meeting on Monday, December 22, 2008 at 12:15 p.m. in the Denton Airport Terminal Building at the Denton 7Airport at 5000 Airport Road, Denton, Texas. 8 ÞÑßÎÜ ÓÛÓÞÛÎÍ ÐÎÛÍÛÒÌ 9: Chairman Mr. Woolfolk, Vice Chairman, Dr. Smith, Mr. Brewer, Mr. 10Brown, and Mr. Eames. 11 ÞÑßÎÜ ÓÛÓÞÛÎÍ ßÞÍÛÒÌ 12: Absent Mr. Clark and John Kristoferson 13 ÍÌßÚÚ ÓÛÓÞÛÎÍ ÐÎÛÍÛÒÌ 14: Mark Nelson, Director of Transportation 15 Julie Mullins, Administrative Assistant, and Andrea Bax, Operations Coordinator. 16 ÐËÞÔ×Ý ÐÎÛÍÛÒÌæ 17 Jeff Soules, US Aviation Group, Mark Taylor, US Aviation Group, Roper Vaughn, US 18Aviation Group, Mike Sykes, US Aviation Group, and George Campbell, City Manager for the City of Denton. 19 ×ÌÛÓÍ ÚÑÎ ×ÒÜ×Ê×ÜËßÔ ÝÑÒÍ×ÜÛÎßÌ×ÑÒ 20 21 22IV.Receive a report, hold a discussion and provide a recommendation on an ordinance approving a Fixed 23Base Operation Commercial Lease agreement between the City of Denton, Texas and US Aviation 24Group; and providing an effective date. Deliberations regarding Real Property – Under TEXAS 25GOVERNMENT CODE Section 551.072. 26 27Conduct a closed meeting to deliberate the lease or value of real property where deliberation in an open 28meeting would have a detrimental effect on the position of the City in negotiations with a third person. 29 30Mr. Nelson gave a summary on the proposed leasehold in discussion; indicating minor changes in the 31lease from previous discussions with the Board, specifically with the fuel flowage fee and dates. 32 33Staff is recommending a 1% discounted rate on the established fuel flowage fee on both grades of fuel 34for the next 10 years for US Aviation Group (1% less than the existing fixed base operator lease). 35 36Currently Business Air Center’s (existing FBO) flowage fee is 6% and will increase to 7% in 2009. 37 38The tenant is requesting a 5% rate, 2% less established rate, on both grades of fuel, a 5% fixed fuel flow 39rate for the duration of the 30-year lease. 40 41Mr. Brown wanted to know when the tenant will regain their $350,000 dollars plus interest. Mr. Soules 42said with the 1% rate it will take 30 years. 43 44Mr. Nelson handed out a worksheet demonstrating the proposed fuel volumes by US Aviation Group 45showing revenue and discounts with the fuel flow rate at a 1 % discount for 10 years and a half percent 46after that for the duration of the lease. 47 48Mr. Brewer asked if staff’s recommendation was to give a 1% discount from the existing FBO. Mr. 49Nelson agreed, and stated for a ten-year period. 50 AIRPORT ADVISORY BOARD MINUTES DECEMBER 22, 2008 PAGE 2 1Chairman Woolfolk commented that if there is no agreement with the tenant on the lease term on this 2today, then staff will not take the lease to Council and may need to go into a work session with Council. 3 4Mr. Campbell commented to the Board, he would not recommend taking the lease to Council if the 5tenant does not agree with the proposed lease. They will not recover all their costs through the end of 6lease. Mr. Campbell has concerns that if you give a discount on fuel fees when the current FBO is 7giving the city 6% and the new FBO will be at 5%, the City will be losing 1% fuel flowage fee revenue 8from the existing FBO if customers switch from the current FBO. If the Board and staff agree with the 9lease and the tenant is not in agreement with the lease, then the lease would not go to Council. 10 11The Chairman asked staff how much fuel volume US Aviation Group would transfer from the existing 12FBO. Mr. Nelson reported roughly 100,000 gallons of 100 LL, approximately half of the existing 13FBO’s 100 LL volume. Mr. Soules agreed with the 100,000 gallon amount. 14 15Chairman Woolfolk and Mr. Brown discussed property taxes on the fuel farm. Mr. Woolfolk stated he 16visited with representatives at the Appraisal District and he understood there should be some abatement. 17 18Dr. Smith made a motion to approve adopting the lease as presented with a fixed 5% rate on the 19wholesale on both fuels until 2019, with the rate being adjusted to market in 2019. Mr. Brown seconded 20the motion with an amendment to ensure that a legal survey be attached to the lease to clarify ownership 21of improvements in Attachment A of the lease. 22 23Mr. Brown indicated he had concerns on extension of the lease but was ok if the rest of the Board was 24ok with the extension. 25 26Mr. Nelson reminded the Board that the proposed lease includes commitment of Gas Well funds to 27address drainage issues next to the proposed US Aviation Group expanded ramp. Mr. Nelson stated 28these infrastructure improvements are consistent with the master plan. 29 Ó±¬·±² ½¿®®·»¼ ìóïò 30 31 32Chairman Woolfolk voted against the motion. 33 ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ January 6, 2009 ÜÛÐßÎÌÓÛÒÌæ Water ßÝÓæ Howard Martin, Utilities 349-8232 ______________________________________________________________________________ ÍËÞÖÛÝÌ Consider adoption of an ordinance authorizing an agreement between the City of Denton and Aldi (Texas), L.L.C. providing for reimbursement for the acquisition through purchase or condemnation of certain street right of way tracts and temporary construction, grading and access easements located in the W. Neill survey, Abstract No. 970 and the J. Hardin Survey, Abstract No. 1656, City of Denton, Denton County, Texas; and providing and effective date. (Westcourt Road Improvements) ÞßÝÕÙÎÑËÒÜ The City entered into a Tax Abatement Agreement with Aldi (Texas) L.L.C. in August 2007. One of the provisions in that agreement stipulates that Aldi shall construct Westcourt Road, from Airport Road, south to Springside Road. The Tax Abatement Agreement has had two st amendments to date. The 1 Amendment - January 2008, generally provided for the allowance of Aldi to continue their distribution center site development prior to the effectuation of the nd contemplated Westcourt Road Improvements. The 2 Amendment – March 2008, generally provided for the extension of the term of the Tax Abatement from 5 years to 7 years, to give Aldi a mechanism to recoup the construction costs anticipated by the increased scope of the road 95 improvement undertaking. Aldi has since elected to and did deposit $2,512,936. with the City (Deposit Agreement Ord. 2008-086) as an element to secure design and construction of Westcourt Road. Upon final approval of the construction plans for the Westcourt Road Improvements Project, Aldi officials began engaging all of the owners whose land will be impacted by the Project, in an effort to purchase the necessary land rights. Over the course of the last quarter of 2008, negotiation with the affected property owners has yielded little success. It is the typical policy that land developers procure any off-site street right-of-ways or easements precipitated by their development with their own initiatives and resources. There are instances in which the development of a particular site generates a regional need to support the public health, safety and welfare beyond the limits of the proposed development. Staff believes this is one of those instances, as Westcourt Road provides regional connectivity, as identified in the Denton Mobility Plan. The subject Agreement will bind the developer to reimburse the City for the litigation costs of the street right-of-way and easement acquisitions necessitated by the road project. ÎÛÝÑÓÓÛÒÜßÌ×ÑÒ Staff recommends adoption of the ordinance. ÐÎ×ÑÎ ßÝÌ×ÑÒñÎÛÊ×ÛÉ øݱ«²½·´ô Þ±¿®¼ô ݱ³³··±²÷ Aldi – Westcourt Road related: -Ordinance 2007-176 – Tax Abatement Agreement st -Ordinance 2008-006 – Tax Abatement Agreement – 1 Amendment nd -Ordinance 2008-066 – Tax Abatement Agreement – 2 Amendment -Ordinance 2008-086 – Westcourt Road Deposit Agreement Ú×ÍÝßÔ ×ÒÚÑÎÓßÌ×ÑÒ $100,000 escrow deposit by Aldi to City as security for payment of litigation costs incurred. ÛÈØ×Þ×ÌÍ 1.Location Map 2.Ordinance Respectfully submitted, Howard Martin Assistant City Manager Utility Administration Prepared by Paul Williamson Real Estate Manager This page left blank intentionally AGENDA INFORMATION SHEET AGENDA DATE: January 6, 2009 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager ~TIR.TF,CT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND The following boards/commissions require nominations: Human Services Advisory Committee -Everette Newland has resigned. This is a nomination for Mayor Burroughs. Traffic Safety Commission -Charles Guarnaccia has resigned. This is a nomination for Mayor Burroughs. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:1Boards & CommlAgenda Info Sheet for Vacancies.doc 121112008 Jennifer Walters - RE: Human Services Adviso Committee HSAC :First Meetin Pa e 1 From: "Everette Newland" yew@northtexasrealestate.com> To: "'Rachel Ingram"' Rachel.Ingram@cityofdenton.com> Date: 111181200810:51 AM Subject: RE: Human Services Advisory Committee HSAC}: First Meeting Rachel, I will not be on the HSAC this year. My plate is over loaded and I am not spending enough time at home with my Kidos. Thanks -----Griginal Message--__. From: Rachel Ingram [mailto:Rachel.ingram@cityofdenton.comj Sent: Friday, November 14, 2008 4:43 PM To: Jodi Vicars-Nance; Dalton Gregory; Mari Metzgar; Dr. Richard Stream; Mary Ann McDuff; Everette Newland; Jan Hillman; Jan Hillman; Lorn Bortnem; Steve Pogue; Vanessa Sims; Kami Fletcher Subject: Human Services Advisory Committee HSAC}: First Meeting Greetings ail, It seems just like yesterday when you were making your 2008 funding recommendations. Well, it is that time of the year again...where we get ready for the 2009 recommendations. The first meeting may be held on one of the following days based on the availabili#y of the majority: Wednesday,12110l08 at fi PM, or Monday,12115108 at fi PM. Please let meknow by a-mail or phone your preference for the meeting date before or on Fri., 11121. An agenda and location will follow your responses. I look forward to seeing you soon! Best Regards, Rachel W. Ingram City of Denton Human Services CoordinatorlHSAC Staff Liaison ~P} 940-349-1234 ~F} 940-349-1753 Rachel.ingram@CityofDenton.com 12!'112005 Jennifer Walters -Fwd; Guarnaccia is resi nin from Traffic Safe Gommission ~ Pa e 1 From: Ann Forsythe To: Walters, Jennifer Date: 1 ~~24~200810:31 AM Subject: Fwd: Guarnaccia is resigning from Traffic Safety Commission Jennifer, FYI, I guess you will notify the Council Member for a new appointment? Ann »> "Guarnaccia, Charles" <Charles,Guarnaccia unt.edu> 11~22J2008 7:04 PM »> Dear Bud~Ann~John jMichael: As I mentioned at the Traffic Safety Commission election meeting, my work schedule and demands have significantly increased. It is now the case that this will continue into the foreseeable future. Thus, I must thus resign my position on the City of Denton Traffic Safety Commission effectively immediately, I enjoyed being of service to the people of Denton and look forward to a time in the future when I can again be involved in civic affairs, If I have any Traffic Safety Commission material in my position I will give them to Pat Cheek so that she might return them at the next Traffic Safety Commission meeting Charles Guarnaccia HANDOUT TO COUNCIL S:IOur ~1o~ume~~sl0rdina~ceSlDSIAOS-ooo~a.doc 01/06/09 Item #5A ~ ORDINANCE NO: AN ORDINANCE OF THE CITY OF DENTON, TEAS, ANNE~INCr BY CONSENT TwO TRACTS OF LAND CONS~STIN~ OF APPRO~III~IATELY 55.92 ACRES, CONTIO A~TD ADJACENT T~ ~~'I-~E CITY OF DENTIN, GENERALLY LOCATED IN Two DISTIl~CT AREAS, THE FIl~T AREA. ~ANNE~A.TION AREA # 1 } FEIN AP PRO~I~IATELY ~ . ~ 3 ACRE . ~ S ICE, AND OENERALL~ LOCATED BETWEEN THE CITY'S CURRENT NORTHERN CITE LiIT AND LASE RAY ROBERTS, SOUTH OF F 2I ~~, AND THE SECOND AREA ~ANNEATION AREA #~} BEING APPROIlVIATELY 542.9 ACRES, AND GENERALLY LOCATED EAST OF FII~ 2IG4 AND NORTH OF SHEPA.R.D ROAD} APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A. SEVERABILITY CLAUSE AND AN EFFECTIVE DATE {A~ S ~~~01 }. WHEREAS, Pursuant to Section 43.~G1 ofthe Texas Local overn~nent Code, harrie rule cities are authorized to annex areas that are not required to be in an annexatia~. plan; and WHEREAS, on ar about December 10, 208, the Planning and honing Co~ssxan reeo~ended approval of the anneation legally described 1n Ex.bxt "A", attached hereto and ~ncorparted herein by reference the "Property'}; and wHEREA.S, this annexat~an is authorized under. the annexation. procedures for areas exempted from the municipal anneat~on plan; and . wHEREA.S, the City Council finds that any areas caused to be entirely surrounded by, but not included within, the City of Denton, Texas as a. result of this annexation, are so surrounded in the public interest; and WHEREAS, the City Council finds that ail required notices were given in, the tine and ~nan~aer required by law; and WHEREAS, public hearings before the C1ty Counc1l were held ~n the Council Chambers on December 2, ~~~~, and Dece.ber 9, 2~DS both days being on or aver the 2~th day but before the 4th day of the date of the 1nstltution of the proceedings~, to allow all interested per~ans to state their dews and present evidence bearing upon this annexation} and WHEREAS, annexation proceedings were i~astituted for the property described herein by the lntroduct~on of this ordnance at a .eet~n of the C1ty Counc~i on January ~, ~~9; and WHEREAS, this ordinance has been published in full one tzn~.e in the official newspaper of the City of Denton on January I ~, 209, aver annexation proceedings were instituted and 0 days prior to C1ty Council taking final action, as required by City Charier; anal 5=1Qur U4CUmenE5lQrdiodfl~C51081A08A0Dlh.dac HEREA, the pity council finds that the annexation gill allow the city to ensure ~evelopm.ent consistent v~ith The Denton Plan; N~', THEREFORE, THE OL~N~1L OF THE CITY ~F DENTON HEREBY ORDAIN. E~TI~N 1. The ~zndin and recitations c~ntined in the preamble of this ordinance are incorporated herein by reference. ~ . ETION ~. The Property is hereby annexed to the pity of Denton, Texas. SECTION 3. The service plan, a copy of ~rhich is attached hereto and rriade part hereof by reference as Exhibit "B" the {{ervice~ Plan"}, ~vh~ch provrdes for the extension of n~unlc~pal services to the Property, is approved as part of this ordinance. The service Plan was made available for public. inspection and explanation to the inhabitants of the area being annexed at the above described public-hearings. ECT~ON 4. Should any part of this ordinance be held it-legal for y reason, the holding shah not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the Czty of Denton all portions of the Property lawfully annexed regardless of whether any other part of the Property is declared not to be lawfully annexed into the pity. If any part of the Property is already included v~ithin the city limits of the City of D~nto~ or within the limits of any other city, tov~n. or village, or is not within the pity of Denton's j uridietion to annex, the same is hereby excluded firom the territory annexed as fully as if the excluded area were expressly described, in this ordinance. SECTION 5: This ordinance shall become effective immediately upon its passage and approva~. PAED AND APPR~~TED this the day of ~ 0~~. ~VIARI~ A. BURRO~HS, MAYOR ATTEST: ,TENNIFER SALTERS, CITY SECRETARY ~~: 5~1Dur Doc~meatsl0rdii~anc~slDSL448-004ib.doc ~PPRVED A T~ LEAS F~~M: . ~ ~~~+wrRr.~ ..,~.s~r~~ ~w~~*ww.~~ww~*~~rI~~N ~fi'~I~r~#~liii~lr+er~ 4 F Tar ~~' 1~'~l~,~I tsdd *1~ ,. .. pae - ~~' ' * ~a~ 7~ qtr/+ ~ ~'i~ ~ ~d~ #~~ae ,. ,. ~t~a~o4~8tocJE3~ "~~~~~ ~~~ , ..,... ~~fdL~d~a Gta~ ~i~t~t ~ ~ 1 ~ F F• $C~~~ - . ,.. ., . , ... _ _ --..,.._.,... .. ~IOt ~ IDpI .~~ , ~.oarnes bs~a~o~a~a~r~a~mata new,tngm~nsu,~,aaeaa-~,ro,~ Orion Cash, rn~s sd baY~aa1 d h c~a 10.000 ~e aad mw~ted a~ tla end rron wrap c. &ndemm~b0enislee3pakstlmtreaoa~nYo1~9QPys~ltd~D~adAeabraFlk~iea' ' c~'~Te~ ~raa~4e~adacapie~m~eAsx~ed~xtpd~ym~aeep~ip~ij daaeedsfatl~q BH~IN(+ brNo Natl~at cane d 6e treat he6yp oe~bed 1~eN ffi a K' Yar and laid br tl~e . 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' ,~ • ,.. . a - + + ~ _ i • - ~ ~ ~ ~ - - ' , ' ~ ~ + ~ ~ t ~ m~ ~~~ r~a~ ~ ~ ~ . ~~ Din, ~..~. t~ ~ t T~~~~ ~'~" , ~h ~# l~r~e ~ ~ Q, ~ acre ~ ~ ~~ ~f x ~~~~~ ~ °~'~` VIA' ~ ~~ ~~~8 ~f ~ ~~ '~ ~~ ~ ~$ ~ ~~ ~ ~~~8~ ~ f ~ ~ ! • .`~El~~~, N ~°~' ~ ~~~~ ~n~~~~ ~ ~ lire ~ ~ said ~ D.~ ~~ ~ , ~r s~a '~ D~n~~~, L~~~ '~a~ ~~~ a r~ st~r[~ ~~~ ~~~ ~# ~ . ~ ~ ~ ~. ~ acs ~ n~ Ord ~N P~ , L~ b d ~ ~n ~~r~ ~. ~~ ~4~, ~ ~~d~ D~n# ~u~, Terms; • i . ~E, ~~~'~~' ~ ~i~~e r~~~.~ ~~ ~~ ~ irk f~ ~ ~~~~~ s~i~ ~ ~ei~g e ~~~~ per ~ c~~ ,~ .~ ~~nd ~on~a~ ~~ ~ fir. lei . .. ' ~~ in ~ ~~ Fib ~~ ~~~~ ~ ~ ~t~n art ~~~ end ~~ rrt~~ ~ :said ~~ ~~r~ey; w ~ i . .. . . ' ~~~ ~ '~~'0" ~ nth one ~ #e sad ~n , ~~~ the ~h~as~ ~. rd i~ ~u ie ~i~ ~~f ~~~~~f ~~~ Reels n~a~ n~ Y~s~ ~ ~ ~ .. .. ... . ~HIW ~°'~~~ , ~ d'~ i~#.~~ ~ ~ ~ p~i~~ r ~ mgr, .. .. ... . .# ~ i . .. •i • .~ i.. ~ ~ ~ ~ + , ' y • •~ ^ r E~TT B CITY OF DENTON SERVICE PLAN FOR A08-0001 JNC Properties Annexation x. ~~-. ~~ Thy area to be annexed can~prises appro~i~nate~y 5~5.9~ acres of Iand adjacent t~ the pity of . ~: Dentin, Teas, located ~ the northeastern area ~f the qty's E~traterr~itar~al Jurisdi~t~o~ T~}, D~v~s~an 1. The proposed anneat~on ~ ~ multiple ownerships, and consists of two ~ ~~ distinct areas a shoes on ~e attached location map. The first area annexation area #~} is appra~imately ~~.2~ acres i.~. size and ~~ generally located betv~een the ity' ~ current northern pity limits and Lade ~.ay r~ober~s, south of FM 2 ~ S . The second area ~annex~ation area ~~} ~~ approximately S4~,9 acres and ~~ gen.era~ly located east of F~VI 2I ~4 and north of Shepard load. ~. T~T~~JCT~~ This service plan has been prepared accordance with the Texas Focal Cxovern~nent Code,. ,._. ection.s 4~.a~T, 43.0, and 43.a5~{b}-~Q} ~vernon ~~9~, as a~en~ed}. ur~ie~pai ~ac~lities . and services to the a~ne~ed area described shave will be provided ar rna~e available on behalf of the pity in accordance v~ith the fo~la~ing plan. The City shall provide the annexed tract the levels of service, i'rastructure, and infrastructure maintenance that are comparable to the levels of service, infirafcture, and infrastructure n~a.tenance ava~iable in other parts of the city nth similar t~paraphy, land use, and population density. III. ] yAL~I1V~ f ~~tO~~RT~ ~l~ x~ ~ ,~ -~ A. police ~roteetio~, Code ~nforceme~t, end Anial Con#rol Police service, including patra~~ing, response to calls, and other routine functions; vll be provided to the property upon the effective date of the annexation using existing personnel and equiprr~ent. bode enforcement and animal control services ~vih also be provided to the propy upon the effective date ofthe a~c~nexation. ~~ Additional personnel and equipment mill be needed to serge the area., ~~ developed as proposed, B, dare ~rotectiou Fire protection ~v~ithin the limits of eistg hydrants} and emergency medical services i11 be provided to the praPe' upon the effective date of the annexation, The estimated emergency response tune in this area is l ~ mutes, rhich is . , similar to responses for surrounding properties Within the city limits. The City ~~ ±~ Benton mill provide emergency m,e.cal services ~"~"}. Page ~ d ~. Roads and greets ... cads and txeets, which have been properly platted, duly dedicated, and accepted by ~e City of Denton and~ar Denton au~.ty, shall be maintained by the City of ~entan on a effective date of ~e annexation. a~nteuauce o~f street signs, street lighting and traffic control devices wig co~xunence ~~ the qty of Denton on the effetxve date of the annexation. ~. Parks and Recreaon Facilities There are few residents the area. to be anne~~d, and no -pars are currently - lacatedwithin the prapased annexation area. ~]enton ~.eihborhood park facilities ~ located within fear miles of the prapased a~nexa~tion axes. residents of the proposed a~ne~ativn area wig. be able to use existing City of Denton pad and recreation facili~es and programs. ~s the land deve~as, the pity ~~ evaluate the need fax park and recreational facilities in accordance with the ~aa~ Parrs and ecrcatian astir Ptah and applicable city ordinances. F. Library erv'~ces - Libry services ~. be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are n~a~ntained raughout the city. f . ~~i~ding ~n.spections anal consumer health services , wilding ir~sectxons and consu.er health services will be made available on the effective date af~he annexation en the same basis and at the same level as similar facilities are maintained thxa~rhont the pity. both services are provided on a "cast recover' basis, and permit fees offset the costs of services delivered. ~n~compiete canstxuctiar~ must obtaba building permits Pram the Building inspections Depax~rnent of the pity of Denton. ~. Planner and Development services Planning and developn~.a~t seces wilt be made available on the effective date a#` the annexation. The Pla~.nin and Development ~eparent currently services this property by way of admi~,stration of the l]evelapn~ent bode, concerning ~:~ - - subdivisianand land development regulations. ~a~e ~1 ~r. ~~ ~~~~~~~~ ~~v~c~_ At odd Waste CoIlec~ion The City of Benton Ys e eclus~ve res~denttax and commercial solid haste serdce prodder ~dthha. ~enton's c~ ~.ts. ~.'he City ~rdinar~ce requires slid waste serdces far all residences and can~mercia~ businesses Xacted the pity. ~e its of Denton solid waste ~epartent is fully funded through the serge fees charged, and receives no funding from. city tax revenues. solid waste refuse collection serdces i11 be provided to the newly annexed prop~'Y ~ediately upon the effective date of the annexation. All residen~a~ homeo~ers ar~d connnercra~ businesses should telephone the pity of Denton solid haste ~ustoaer erdce Deparent at ~40,4R~7S7 to it~ate . sece. residential o1id waste erdces . Each residen~al custarner ~vil1 bo provided a ~a-gallon wheeled, green refuse cart, which mill be serviced one time per wee1~. `pan request, ~ smaller ar larger refuse cart can be provided. residents are required to place their refuse carts} at the curb prior to 7:4~ a., on them collection day darts should be paced at the curb far collection na ear~.er than ~: ~~ ~ p.n~. the evening ~pr~ar to they collection day. Carts are to be removed from the ourb na later than ~:OO a,~n. on the day fallowing their collection day. All refuse placed in the card for collection must be bagged to eliminate wind blown. debris and littering. defuse that is not placed ~ the cart v~th the lid closed X11 not be collected. Additional carts may be prodded for are additional rnanthly charge. Meekly yard waste serdce is provided. meekly curbside recycling services v~ith each residential customer being prodded ~ ~~ gaJ~on wheeled blue recycling cart. ollec~on is provided by Allied waste erces. Household Chemical collection provided once per week upon request Each residential customer' refuse cart service, curbside-recycling serdce, yard waste collection serdce, and household chemical collections vll occur on the same day each weed. ~lea~e telephone o1id waste Meld uppar~ operations, ~4~-34~~~a~~ to obtain information or end out which day your refuse, yard waste, recyclable, and household chemicals ~vi11 be collected. Commercial an~_l~duetrial defuse ahd Re~yclin erd.ces Each camn~.ercial andlor Industrial business ~dll be prodded ~dth a conln~.ercia~ container{}, xhey are available, a variety of sizes and frequencies of collection, Page ~ with similar topography, land use, and population density based on current land .. use. The service plan snail be arnended to provide far extension of water mains upon acquisition of the right to serve} from existi~.g and punned facilities as development occurs with. the area ~n conformance with standard extension regulations and r~l.es, which require extension t the initial expense of the property owners, subject to and consistent with the City's participation policies, Tex. ~,ac. Gov't bode ch~ ~5, and the pity's ~npact fee regulations. . ~~age er~~es ~ra~inage rna~ntenance wi.h be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure and infrastructure maintenance that is comparable to the level of services, inlras#ructure~ and infrastructure maintenance available in other parts of the city with topography, land use, and population density based on current land use. The plan gay be amended, however, a development occurs. ~. ~l~ctr~c erv%ces oerv is certi~.ed by the Mate to provide electric utility service to the annexation area. ~'. ~TH~~ ERVI~ ether services .that may be pro~rided by e City,.. such as municipal and genera administration will be ~.ade available on the effective date of the annexation. The pity h.I prav~de a level of services, infrastructure, and infrastruetiue n~a~ntenance that is comparable to the level of ~ services, ~niratructure, a~.d infrastructure maintenanceavailable in other parts of the Cif with topography, land use, and pnpultlon density sa,ilar to those reasonably contemplated or prod ected in the area. ; ~I. .P~TA~ ~~~E~NT PR~RAIV~..~~P~„ o new construction of additional water, sewer, street, and drainage facilities ~s contemplated with the annexed area as result of this annexation because the annexed area an the date of annexation will have a level of full municipal services equal to other areas v~ithin the City hav~g similar characteristics of topography, land use, and population density. Thus, no construction of public i~npro~emen#s is contemplated as a result of this annexation that would begin within two and a half ~~ 'l~} years after the effective date of the annexation. The City shall consider construction of other public in~provcment as the needs dictate an the same basis as such public inlprove.ents are considered throughout the City for areas having sailor characteristics aftapography, land use, and population density. P~~~ ~4 nothing in this plan shall require the it to provide a uniform level of full municipal ser~iees to each area of the ~t~, ~naluding ~e anneed area, if different charaoteris~.c of taporph, land use, and papu~atian dens~t~ are considered a suf.cient basis far prading different levels of spree. Vim. T~~VI This sarvlce plan shall be ~ra~id for ~ farm of ten Ala} dears. Renewal of the ser~ee plan shall be at a d~scretian of i ouucil. ~ ~ - I~. ~-.IUIEIIT~I~IENT T'he serviee pian mad be mended if the City auncil determines at a pu~~ic hewing that changed condi~ons ar subse~ent oecurrences make this serve plan unarkable ar. obsalete. The pity aunci~ n~a~ amend the serve plan to ca~ar~n tQ the. ch.ged . ` canditio~ or subsequent occurrences pursuant to Texas focal evernm.ent bode, . . Section 4.a5~ -ernv~ Cupp. 4~a~, . Pa~~ 1~