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HomeMy WebLinkAboutSeptember 15, 2009 Agenda AGENDA CITY OF DENTON CITY COUNCIL September 15, 2009 After determining that a quorum is present, the City Council of the City of Denton, Texas will 4:00 p.m. convene in a Work Session on Tuesday, September 15, 2009 at in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1.Requests for clarification of agenda items listed on the agenda for September 15, 2009. 2.Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapter 13 of the Denton Development Code regarding tree preservation and mitigation. The discussion will include proposed tree fund expenditures for eCognition and CITYgreen software as well as the possible formation of a Tree Committee including the duties and responsibilities of the committee. (DCA08-0006, Tree Code Amendments) 3.Receive a report, hold a discussion and give staff direction on the City of Denton’s property tax exemption for designated historic sites. 4.Receive a report, hold a discussion, and give staff direction on the 2009-10 City Manager’s Proposed Budget, Capital Improvement Program, and Five-year Financial Forecast. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. 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. CLOSED MEETING 1.Closed Meeting: A.Deliberations regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code, Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (“DME”) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. B. Deliberations regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code, Section 551.086; Consultation with Attorneys – Under Texas Government Code, Section 551.071. City of Denton City Council Agenda September 15, 2009 Page 2 1. Discuss and deliberate the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled Ex Parte Texas Municipal Power th Agency,Cause No. D-1-GN-08-003426, pending in the 126 Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas st Municipal Power Agency – II, Cause No.D-1-GN-08-003693, in the 261 Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency,Plaintiff v. City of Bryan, Texas,Defendant, Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now th pending in the 506 Judicial District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. 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. C. Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said property above described where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. D.Consultation with Attorneys – Under Texas Government Code Section 551.071. 1.Receive a legal briefing from the City’s attorneys and discuss legal issues regarding the request for a Specific Use Permit to allow for gas well drilling and production on property located within Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site located on the west side of Bonnie Brae Street, north of Scripture Street. City of Denton City Council Agenda September 15, 2009 Page 3 2.Discuss and consider strategy, status, and possible approval of a change in the tariffs of CoServ Gas Ltd. A public discussion of these legal matters would conflict with the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. E. Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations – Under Texas Government Code Section 551.087. 1.Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the construction of needed infrastructure in the industrially zoned area along Airport Road, west of Interstate 35 in support of Project Teacup. 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, September 15, 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: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards City of Denton City Council Agenda September 15, 2009 Page 4 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – K). 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 – K 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 authorizing the City Manager to execute a professional services agreement (PSA) with Jacobs Engineering Group, Inc. to provide planning, architectural design, and engineering services in association with the development of the Downtown Implementation Plan for the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4237 in an amount not to exceed $224,995). B.Consider adoption of an ordinance of the City of Denton, Texas, finding that the current rates of CoServ Gas Ltd are unreasonable; approving CoServ Gas Ltd.’s revised and uncontested tariffs; setting the effective date of new tariffs as October 1, 2009; finding rate case expenses reasonable; finding that any relief requested by CoServ Gas Ltd not specifically granted herein is denied; finding that the meeting at which this Ordinance is passed is open to the public as required by law; providing for notice of this Ordinance to CoServ Gas Ltd.; and providing an effective date. C.Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Euless, Texas under Section 271.102 of the Local Government Code, to authorize participation in various City of Euless contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4393–Interlocal Agreement with the City of Euless, Texas). D.Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Euless under Section 271.102 of the Local Government Code for the purchase of street slurry seal services; providing for the expenditure of funds therefor; and providing an effective date (File 4395–Interlocal Agreement for Street Slurry Seal Services with the City of Euless, contract awarded to Viking Construction, Inc. in the estimated amount of $150,000). City of Denton City Council Agenda September 15, 2009 Page 5 E.Consider adoption of an ordinance authorizing the City Manager or his designee to execute Change Order One to the contract between the City of Denton and H.C.I. General Contractors Inc., providing for the expenditure of funds therefor; and providing an effective date (RFSP 4206–Denton Senior Center Renovations- Change Order One in the amount of $38,919). F.Consider adoption of an ordinance terminating that certain airport lease dated June 21, 2005 by and between the City of Denton, Texas and NTDenton Leasing, Inc for the property known as 4600 Spartan Drive; authorizing the City Attorney or her designee to take appropriate action to effectuate the termination; and, providing an effective date. The Airport Advisory Board recommends approval (6-0). G. Consider adoption of an ordinance of the City of Denton, Texas, amending the fiscal year 2008-09 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Risk Retention Fund of four hundred thousand ($400,000) to provide for additional appropriations related to litigation; declaring a municipal purpose, providing a severability clause; providing for an open meetings clause; and providing an effective date. H. Consider adoption of an ordinance approving a “Fifth Amended Agreement” to the agreement originally entered into by and between the City of Denton, Texas and the Greater Denton Arts Council, dated October 15, 1990; authorizing the City Manager to execute the fifth amended agreement; approving the expenditure of funds therefor; and providing for an effective date (authorized annual expenditure of $93,000). I. Consider adoption of an ordinance approving an agreement by and between the City of Denton, Texas and the Denton Community Theatre; a Texas non-profit corporation; authorizing the City Manager to execute the agreement; approving the expenditure of funds therefor; and providing for an effective date (authorized annual expenditure of $8,000 for FY 2009-2010). J. Consider adoption of an ordinance of the City of Denton, Texas, adopting a City logo, to be used as the official logo of the City of Denton, prohibiting the use of the official City logo by any person, firm, corporation, or organization, other than the City of Denton without written approval of the City Manager or his designee, providing for a penalty not to exceed five hundred dollars for each day of violation, providing for a repealer clause, providing for a severability clause, and providing for an effective date. K. Consider approval of the minutes of: August 3, 2009 August 4, 2009 August 6, 2009 August 7 & 8, 2009 City of Denton City Council Agenda September 15, 2009 Page 6 4. ITEMS FOR INDIVIDUAL CONSIDERATION Tabled A. – Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee (Tabled from March 3, 2009) recommends approval (3-0). Tabled B. - Consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow forty-six (46) attached and fifty-four (54) detached single family dwelling units on approximately 30.7 acres located within a Neighborhood Residential 3 (NR-3) zoning district on the southwest corner of Hinkle Drive and Windsor Street; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.(S09-0002) The Planning and Zoning Commission recommends AC denial (5-0). SUPERMAJORITY VOTE BY OUNCIL IS REQUIRED FOR (Tabled from July 21, 2009) . APPROVAL Tabled C. - Consider adoption of an ordinance of the City of Denton, Texas approving a Specific Use Permit to allow for gas well drilling and production on property on a three (3) acre site on the west side of Bonnie Brae Street, north of Scripture Street, within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (S09-0006) The Planning and Zoning (Tabled from July 21, 2009) Commission recommends approval (4-0). D.Consider adoption of an ordinance of the City of Denton, Texas, authorizing and directing the City Manager to execute an amendment to expand the scope of activities and extend the term of a right of entry and possession, dated March 3, 2009, and extended on May 5, 2009, and extended on June 23, 2009, and subsequently extended on September 1, 2009 in favor of the Denton County Transportation Authority (DCTA) and authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing activity as described in Attachment “A” hereto; and providing an effective date. E.Consider nominations/appointments to: 1. Construction Advisory and Appeals Board 2. Historic Landmark Commission 3. Zoning Board of Adjustment F.Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: a.Rudy Rivas regarding abuse of authority–impersonating a civil servant. b.Gilmore Morris regarding driving safety on the Square. City of Denton City Council Agenda September 15, 2009 Page 7 G. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2009 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING. PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY- TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE CITYSECRETARY’SOFFICE.                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECTDCA08-0006 (Tree Code Amendments) Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapter 13 of the Denton Development Code regarding tree preservation and mitigation. The discussion will include proposed tree fund expenditures for eCognition and CITYgreen software as well as the possible formation of a Tree Committee including the duties and responsibilities of the committee. (DCA08-0006, Tree Code Amendments, Chuck Russell) BACKGROUND City staff have been working with the public, the Council Committee on the Environment, the Planning and Zoning Commission and a consultant on tree protection and mitigation amendments to the Denton Development Code. As a part of their services, Burditt Consultants facilitated three meetings on January 7, February 4, and April 3, 2008 to solicit input from the general public regarding the amendments. A summary of Burditt Consultants preliminary findings indicated a need for the City to establish a predictable process that provides for flexibility in site design criteria to encourage tree preservation. The consultant’s meetings with City staff revealed a desire to eliminate ambiguity and internal conflicts within the existing regulations. Street tree issues were the most common concern among all the departments interviewed and street tree/utility conflicts will come forward as a recommended DDC amendment in the near future. A majority of comments from the public meetings can be summarized into 4 areas of interest: 1.Tree species, tree size, and quantity of trees to be saved on site; 2.Enforcement to ensure code compliance; 3.Flexibility in design guidelines for tree preservation, and; 4.Developer incentives to make tree preservation more viable. The issues discussed at multiple Planning and Zoning Commission Work Sessions include: 1.Preservation requirements based on tree classification, lot size and infill/non-infill status; 2.Classification of trees; 3.Tree survey requirements; 4.Tree mitigation and new tree planting requirements; 5.Enforcement procedures; 6.Utilization of a caliper inch protection method as opposed to tree canopy calculations; 7.Allowing larger trees to count (more than 2”) towards mitigation; 8.Incentives for developers to preserve existing trees, including the use of new landscaping (parking lot trees, street trees, site trees) to count toward overall mitigation; 9.Adding flexibility to the administrative process; 10.Discussion of the merits of establishing a separate tree mitigation committee; 11.Typical exemptions from tree preservation codes; 12.History of earlier tree preservation committees in Denton; 13.Need to focus on tree preservation incentives first prior to tree preservation penalties; 14.Discuss concept of preventing secondary trees to be counted towards preservation requirements (if they are not quality or protected trees, they can be removed at any time); 15.Verifying what constitutes a secondary tree; 16.Verifying that staff is using adequate comparison or index cities; 17.Methods of identifying and obtaining tracts of treed land utilizing tree fund money (keeping in mind the practical issues of access and security); 18.Utilizing more graphics in the ordinance; 19.Status of the tree fund; 20.Uses of tree fund money including criteria for purchases, and; 21.Incentives and credits for tree preservation including revisiting the incentives already in the DDC. Staff plans to take the latest tree code draft back to the Planning and Zoning Commission for discussion at their September 23, 2009, Work Session. One of the major components of the tree protection and mitigation Code amendment process has been the need to establish an accurate city-wide tree canopy data base. Sufficient tree canopy can slow storm water runoff, improve air and water quality and absorb atmospheric carbon through sequestration. Maintaining a robust tree cover to function as green infrastructure reduces the need and expense of building grey infrastructure to manage air and water resources. Part of the discussion at the September 15, 2009 City Council Work Session will focus on a proposal to spend approximately $30,000 of tree fund money to purchase the tools needed to complete the tree canopy survey (see Exhibits 1 and 2 for more details). The tree fund currently maintains a balance in excess of $600,000. Subchapter 13 of the Denton Development Code specifies that the “tree funds shall be used to purchase, plant and maintain trees on public property, to preserve wooded property that remains in a naturalistic state in perpetuity, to perform and maintain a city-wide tree inventory and to educate citizens and developers on the benefits and value of trees”. Staff is planning to use this tree fund purchase to use software called eCognition and CITYgreen that will result in reports, hard copy printouts, and a GIS layer product that will show the complete overall tree canopy assessment. The City can utilize the eCognition assessment within our existing GIS system as well as within the companion CITYgreen software. eCognition utilizes satellite imagery to classify the vegetation types and pervious/impervious surfaces and CITYgreen utilizes the data generated through eCognition to analyze the ecological and economic benefits of tree canopy and other landscape features. Staff is planning to work with the University of North Texas on this project and the final cost will include two “flyovers” where satellite imagery is collected when trees are with and without leaves. The cost will also include UNT student and staff time to assist with the analysis of the data. (Exhibits 1 and 2 provide more detail). In October of 2004, the current tree regulations in the DDC were adopted by the City Council along with a recommendation to establish a citizen’s advisory committee to evaluate the new tree regulations for 6 months. The Citizens Tree Committee met from January through June of 2005 to review the implementation and effectiveness of the new regulations. The Citizens Tree Committee reconvened in 2006 for a period of 90 days to critique development’s impact on tree removal projects under construction. In November of 2006, the City Council Committee on the Environment directed staff to move forward with the Citizens Tree Committee recommendations which included the hiring of a new Urban Forester in the Planning Department, training of staff to enforce the tree regulations and establishing a citizens committee to identify stands of trees that needed to be saved. The first two of these three recommendations have been implemented. The third recommendation of the Citizen’s Tree Committee will be discussed at the September 15, 2009 Work Session. Staff is recommending the City Council consider appointing seven members to the new committee. They could meet on an as needed basis, but staff recommends they meet monthly for the first three months after being established. The mission and clear objectives for this committee should be established by Council, and staff recommends they consider treed parcels of land for purchase using tree fund money. Staff will identify suitable parcels for the committee’s consideration based on objective criteria. The criteria will include parcel location, size, types of soil, topography, types of trees and cost. The specifics of the committee will be discussed in more detail at the Council Work Session. OPTIONS : 1.Direct staff to move forward with tree fund expenditures and formation of new committee. 2.Direct staff to take another direction. EXHIBITS: 1.Tree Canopy Memo 6.26.09 2.Tree Canopy Inventory Supporting Information Prepared by: Chuck Russell, AICP Planning Supervisor Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development Exhibit 1   îîï Òò ÛÔÓ ÜÛÒÌÑÒô ÌÛÈßÍ éêîðï çìðòíìçòèíëð ÚßÈ çìðòíìðòééðé ÐÔßÒÒ×ÒÙ ßÒÜ ÜÛÊÛÔÑÐÓÛÒÌ ÜÛÐßÎÌÓÛÒÌ To: Mark Cunningham, AICP, Director, Planning and Development From: Chuck Russell, Planning Supervisor Date: June 26, 2009 Subject: Proposed City/UNT Joint Venture Regarding Tree Canopy City staff have been working with Bruce Hunter, PhD regarding the costs and benefits of utilizing current technology to provide current information on Denton’s existing tree canopy and related data for undeveloped/developed areas. Dr. Hunter is the Director of the Center for Spatial Analysis and Mapping within the Department of Geography and Institute of Applied Sciences at the University of North Texas.It is staff’s opinion that this effort would support the City’s ongoing process of updating its tree preservation and mitigation regulations in the Denton Development Code (DDC) as well as create an accurate baseline measurement that can be used to provide variety of valuable information for the City (benefits are described in more detail below). Staff is proposing to use software called eCognition to classify the vegetation types and pervious/impervious surfaces in Denton and software called CITYgreen to utilize the data generated through eCognition analyze the ecological and economic benefits of tree canopy and other landscape features (see details below). The City is estimating that the direct cost to complete this project will be $25,000. The current DDC tree regulations allow the City Tree Fund to be used to perform and maintain a city-wide tree inventory and to educate citizens and developers on the benefits and value of trees. The total Tree Fund balance was $629,698.85 ($51,997.90 being interest income) as of April 30, 2009. Staff is proposing to use the City Fund to pay for the cost of this project. Importance of Tree Canopy An important first step in incorporating green infrastructure into a community’s planning framework is to measure urban forest canopy and evaluate management goals. Tree canopy is a significant indicator of environmental quality. Sufficient tree canopy can slow storm water runoff, improve air and water quality, and absorb atmospheric carbon through sequestration. Maintaining a robust tree cover to function as green infrastructure reduces the need and expense of building gray infrastructure to manage air and water resources. mùØÙÔÚÜÉØÙÉÎìÈÜÑÔÉÄêØËÇÔÚØl ©©©ò½·¬§±º¼»²¬±²ò½±³  Studies conducted by American Forests (a large nonprofit citizens’ conservation organization) and the U.S. Department of Agriculture Forest Service estimate that tree canopy in urban areas have declined about 20-30% over the last 20 years while the footprint of urban areas increases every year. This decline in tree cover is associated with changing land use and the fragmentation of natural systems. Increasing urbanization, and the associated increases in impervious surfaces, has resulted in significant increases in energy consumption and air and water management costs. American Forests, the U.S. Conference of Mayors, the Arbor Day Foundation, and many other organizations support climate mitigation strategies that call for planting more trees. These groups all recommend every city set a tree canopy goal as an important step in ensuring this part of its valuable green infrastructure is maintained at minimum thresholds, as the community continues to develop. American Forests offers some general guidelines for canopy goals based on climate conditions and zoning categories. Average tree cover counting all zones 25% Suburban residential zones 35% Urban residential zones 18% Central business districts 9% American Forests and other environmental organizations stress that each community must first inventory its existing tree canopy cover and then set specific goals based on its unique combination of climate, geography, land use, and political conditions. Once a specific goal is determined, the local government can pursue that goal using policies, procedures, and budget. It is critical with environmental issues like urban and community forestry to document the community’s past and existing conditions in order to better inform public discussion in the visioning and goal-setting process. Staff will work together to document the local urban forest as an ecosystem, rather than just a collection of trees. This effort will advance public understanding of the relationship between the natural environment and the built environment. In recent years, master plans for urban forests have begun with detailed historical and quantitative assessments. All urban forestry master plan manuals advise that conducting an inventory of trees in the community is the first step in creating attainable goals. The green infrastructure within the City offers a unique opportunity to provide benefits – environmental, aesthetic, and fiscal – with minimal expense to the City. Incorporating green infrastructure into the built city infrastructure inventory will result in a more   comprehensive management program for all environmentally-related issues. The existing and future green infrastructure offers a means to mitigate grey infrastructure issues with relatively minimal expense or maintenance by the City; for example, retrofitting drainage systems into built areas of the City is an expensive, involved process, often necessitating the expenditure of Capital Improvement funds. By contrast, incorporating green infrastructure into the city’s infrastructure inventory can benefit the City through the decreased need for projects such as this, or decrease the required scope of these projects. eCognition eCognition software is a specialized tool for the highly detailed analysis of images using remote sensing capabilities. Through a combination of the analysis of high resolution aerial photographs and field verification, the software is able to define different types of vegetation and categorize pervious and impervious surface types in order to provide data for planning and management purposes. The Department of Geography Remote Sensing Laboratory at the University of North Texas has personnel that are proficient in the use of this software and the associated analyses. The Remote Sensing Laboratory is currently using the eCognition software to evaluate various aspects of the Dallas Fort Worth Airport area for the Trinity River Authority. More information about this software is available from the eCognition vendor’s website: http://www.definiens.com/definiens-ecognition-server_6_7_8.html CITYgreen CITYgreen is a GIS-based software tool that analyzes the ecological and economic benefits of tree canopy and other landscape features. The software calculates dollar benefits for ecosystem services including storm water runoff, air and water pollution removal, carbon sequestration and storage, provided by land cover within a specific geographic area. CITYgreen, developed by American Forests, is an extension to ESRI’s (Environmental Systems Research Institute) ArcGIS and works with Windows-based PCs that have ArcGIS.. Most of the City Departments involved in planning and infrastructure management currently have access to the ArcGIS software. The ecological and economic benefit analyses are based on a land cover dataset derived from either aerial photography or satellite imagery and data specific to the area such as soil type, climate, and rainfall. The dataset is first classified into various land cover features, such as tree canopy, open space, impervious surfaces, water, etc.   before CITYgreen can analyze the data. eCognition software can assist in performing these classifications. The analysis findings are summarized into easy-to-read reports that stratify each land cover feature (impervious surface, tree canopy coverage, open space, etc.) in acres and as a percentage of the total area. This information is very useful when communities are establishing tree canopy goals or managing their land use. One of the most powerful features of CITYgreen is the ability to analyze alternate land cover scenarios. Starting with a current land cover map, users can calculate the effects of future land cover change before those changes are made. With land cover maps for earlier time periods, users can also compare how land cover has changed over time and how these changes affect the land’s ecosystem services. This becomes an important decision making tool. Communities can see how historic land cover change trends affected air and water quality and use and in turn, use this information to guide land use planning decisions in the future. More information about this software is available from the vendor’s website: http://www.americanforest.org/productsandpubs/citygreen/ Attached is a list of supporting questions and answers.  Exhibit 2 Tree Canopy Inventory Supporting Information June 26, 2009 1)Why do we need to purchase specialized aerial data? Doesn’t the City already have aerial photograph data? We are proposing to use eCognition software (see cover memo). The data used by the eCognition software are specialized, high resolution aerial digital data that eCognition software is able to read. The aerial data that the City of Denton has through the North Central Texas Council of Governments (NCTCOG) are simply photographs which are flown in a “back and forth” pattern, which are designed for viewing purposes only, and are not compatible with the eCognition software. There is no software currently available in the City that allows for analysis that is detailed enough to inform management decisions. 2)Why doesn’t the City use National Agriculture Imagery Program NAIP) data for $50? ( What can the new aerials tell us that existing NAIP data cannot? NAIP data are “leaf on” data, and are created at a much lower resolution than the aerial digital data. “Leaf off” assessments would not be able to be processed with NAIP data. 3)Why does the cost include money for “ground truthing”? Do we really need someone to go into the field and confirm the type of trees?Ground truthing is a sampling process that “teaches” the eCognition software what type of vegetation it is “seeing” during the processing scan. The eCognition software translates data into grid patterns, and will categorize differences between grid cells in the digital aerial, but ground truthing is needed to accurately show and confirm what type of vegetation category the cell groupings fall into (for example, trees vs. shrubs). ). Ground truthing is done on a subsample of the city, so that only some areas are verified, it does not involve on the ground verification of every portion of the data. 4)Why does the City need to use the eCognition software through UNT? Doesn’t the City already have GIS software? The GIS software used by the City is ArcGIS software, which differs greatly from the eCognition software. ArcGIS, while capable of many types of assessments and analyses, is not a specialized remote sensing assessment software. eCognition, however, was created specifically for detailed remote sensing assessments such as vegetation categorization by digital aerials. 5)Can the eCognition software tell us the exact type of tree? No, but it will categorize different types of vegetation and non-vegetation coverage into 8 categories: bare/transitional buildings, manicured (golf courses, etc.) herbaceous/shrubland mowed and/or grazed transportation water wooded 6)What does it matter if the areas are categorized into grassland vs. manicured? Are we paying for these specialized categories? Herbaceous cover, mowed or grazed areas, and shrubland may have the potential for future development, whereas manicured areas are most likely already part of development, and will not be developed in the future (for example, golf courses, landscaping in retail areas, etc.) 7)Why does the City need to purchase “leaf on” and “leaf off” aerial data? Won’t one version be acceptable? “Leaf on” aerial data are utilized for canopy cover assessment; “leaf off” aerial data are used to assess pervious/impervious surfaces and evergreen tree canopy. The leaf-off data allows for the analysis of space available for the planting of trees and other vegetation. 8)What are some projects that the pervious/impervious data assessment can be used for? Gathering data that provides the pervious/impervious amounts and areas within the City offers the opportunity to use the information to inform decisions and practices not only related to land use, but also to drainage effectiveness and fee assessments, amount of impervious surface that contributes to the urban “heat island” effect, potential areas for future plantings and preservation based on the lot coverage permitted based on zoning districts. 9)Why will processing the data by the eCoginition software take 6 months? Aren’t the data just fed into the computer? Obtaining the digital aerial data is the first step in a process that involves obtaining data, categorizing it and translating it into useable information. The process of translating and analyzing the data after the aerial digital data are imported into the server requires additional work by the eCognition operator to effectively categorize the resulting areas that eCognition will “group” into common distributions. AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009 DEPARTMENT: Finance ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion and give staff direction on the exemption for designated historic sites. BACKGROUND In 1987, the City Council approved an ordinance (No. 87-189) providing for a partial tax exemption for designated historic sites. The ordinance specified that any property which was a designated historic site on the first day of January for any year beginning with 1989 and extending to and including 1998, would receive an exemption of fifty percent (50%) of the assessed value from the City of Denton. The exemption was applicable for a maximum of ten (10) successive years, beginning with the first year the property is entitled to the exemption. In 1998, the City Council approved an ordinance (No. 98-110) providing for a continuation of the qualification period for partial tax exemptions to the year 2008 and providing owners that qualify for a designated historic site fifteen (15) years of partial tax exemption. The ordinance specified that any property which is a designated historic site on the first day of January for any year beginning 1989 and extending to and including 2008, would receive an exemption of fifty percent (50%) of the assessed value from the City of Denton. The exemption was applicable for a maximum of fifteen (15) successive years, beginning with the first year the property is entitled to the exemption. The Texas Tax Code (Ch. 11, Sec. 11.24) enables the City the assessed value of a structure or archeological site and the land necessary for access to and use s a historical site by either the Texas Historic Landmark Commission under applicable State law or pursuant to an ordinance or other law adopted by the governing body of a taxing unit. Neither the Texas Tax Code nor other State law imposes a specific time limit on the exemption for historical sites. This determination is made by the governing body of each taxing unit. The City has adopted a 15 year exemption period, and the City currently has 28 properties that are receiving an exemption as a historical site. The Historic Landmark Commission has recommended that the designation and exemption period be extended for 15 years. On September 1, 2009, staff discussed this recommendation with the City Council. The City Council requested that staff prepare various options for consideration. These options are presented below: Agenda Information Sheet September 15, 2009 Page 2 Option 1. Allow current ordinance to expire. In other words, no new properties will be eligible for new exemptions, and current exemptions will expire after the initial 15 year period. Option 2: Approve 15 year 50% exemption for newly designated properties, a 25% exemption for previously designated properties with no expiration date, and establish an open designation period. Option 3: Approve recommendations from the Historic Landmark Commission. Option 4: Approve another exemption based on methods used by other cities. In addition, the City Council requested a summary of the historic landmark exemptions offered by area communities. This summary is included as an attachment. HISTORICAL LANDMARK COMMISSION (HLC) RECOMMENDATIONS On August 10, 2009, the HLC recommended the following: 1. Extend the designation period for exemptions for 15 years beyond 2008 to 2023. 2. Keep exemption period at 15 years a. New properties receive a 15 year exemption beginning with the year after their date of designation, b. Properties with a current exemption will get an additional 15 year exemption when the current exemption expires, and c. Properties no longer eligible for an exemption under the current ordinance will get a new 15 year exemption the year after the effective date of a new ordinance. 3. Keep exemption at 50% of assessed value. STAFF RECOMMENDATIONS Staff recommends the following: 1. Per 1998 ordinance, no new properties may be identified for exemption after 2008. 2. Properties which have previously received an exemption should no longer be eligible for additional exemptions. 3. Exemption should continue for properties that have not been exempt for 15 years. 4. Remove exemptions from properties that are no longer eligible. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 20, 1987, the City Council approved an ordinance (No. 87-189) providing for a partial tax exemption for designated historic sites for a period of ten (10) years. On April 21, 1998, the City Council approved an ordinance (No. 98-110) providing for a continuation of the qualification period for seeking partial tax exemptions for designated historic sites to the year 2008 and providing owners that qualify for a designated historic site fifteen (15) years of partial tax exemption. Agenda Information Sheet September 15, 2009 Page 3 On April 28, 1998, the City Council approved an ordinance (No. 98-116) providing for an abatement of the increase in the assessed value of historically significant sites for tax purposes which result from appropriate repairs and renovation to historic buildings in the Downtown commercial district of the City. On February 9, 2009, and March 9, 2009, the Historical Landmark Commission discussed and recommended that the partial tax exemption for designated historic sites be extended. On June 8, 2009, the Historical Landmark Commission discussed the partial tax exemption for designated historic sites and requested that the Legal Department provide clarification at a future commission meeting. On August 10, 2009, the Historic Landmark Commission discussed the partial tax exemption for designated historic sites and voted to recommend that the City Council extend the partial tax exemption for designated historic sites. On September 1, 2009, the City Council discussed the partial tax exemption for designated historic sites and directed staff to provide additional information and a menu of options in a future work session. FISCAL INFORMATION According to twenty-eight (28) properties receive a historic site exemption. The total exempted value is $3,478,599. This represents approximately $23,186 in foregone revenue to the City. EXHIBITS 1. Summary by City 2. PowerPoint Presentation Respectfully submitted, Bryan Langley Director of Finance Prepared By: Antonio Puente, Jr. Revenue & Treasury Analyst AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009 DEPARTMENT: Finance ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion, and give staff direction on the 2009-10 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. BACKGROUND st The FY 2009-10 City Manager’s Proposed Budget was submitted to the Council on July 31. Staff provided the City Council with a comprehensive overview of the Proposed Budget at a Budget Work Session on August 6, 2009. We discussed the Proposed Budget again during a th Work Session on August 18, and we also conducted a public hearing on the budget on st September 1. nd On September 2, we conducted an additional Work Session on the City Manager’s Proposed Budget. During this meeting, the City Council directed staff to incorporate the following nd adjustments into the budget that will be presented for approval on September 22. Phase in the Jazz Fest permit fees over the next three fiscal years ($12,000 impact in FY 2009-10). Restore the funding for the Kiwanis fireworks show ($20,000). Restore the funding for the overtime reduction in the Fire Department ($184,163). Reduce the Fire Department budget according to the revised recommendations ($54,150). Restore the funding related to City Council contingencies ($10,500). In the Airport Gas Well Fund, reduce the funding for the Airport Entrance Project from the proposed amount of $455,000 to $50,000. In addition, the following changes are also being incorporated as a result of prior discussions and further review of the Proposed Budget. Eliminate $55,267 in funding to the Police Department related to new grant funded positions. This funding was contingent upon the City receiving a federal grant. Since the grant was not awarded to the City, this funding needs to be removed. Incorporate $206,446 in funding related to proposed Meet and Confer agreements for the Police and Fire Departments if ratified by the Police and Fire Associations and approved by the City Council. This funding request will be more fully discussed with the Council nd during the September 22 meeting. Agenda Information Sheet September 15, 2009 Page 2 Reduce the sales tax estimate to $21,262,423 for FY 2008-09, and $21,475,047 for FY 2009-10 (1% increase above current year estimate), as a result of continued decline in collections for FY 2008-09. In summary, the General Fund expenditure budget for FY 2009-10 will increase from the proposed amount of $90,965,063 to $91,279,170. The below table indicates the changes that are being incorporated. FY 2009-10 Proposed Budget $90,965,063 Fire Reduction ($54,150) Police Reduction ($55,267) Restoration of Fire Overtime $184,163 Restoration of Fireworks Funding $20,000 Restoration of Council Contingency Funding $10,500 Meet and Confer Funding $206,446 Miscellaneous Changes $2,415 Total Revised FY 2009-10 Proposed Budget $91,279,170 These changes are reflected in the attached Budget Resource and Expenditure Summary and Position Summary. The General Fund Five Year Financial Forecast has also been revised to incorporate the above changes and to correct an error in the expenditure projections for the 4th th and 5 years of the Five Year Financial Forecast. The revised budget and tax rate will be nd presented for adoption to the City Council on September 22. nd During the Budget Work Session on September 2, the City Council requested a copy of the funding application that was provided to the Hotel Occupancy Tax Committee for the Denton Festival Foundation. The application includes some additional details regarding the impact of the Jazz Festival to Denton and is attached for your review. Finally, the City Council asked a question about the elimination of the Emily Fowler Library Fund in 2006. Specifically, the Council asked whether moving the revenue and expenses from Emily Fowler Fund into the General Fund supplanted existing Library expenditures. After researching this issue, staff has confirmed that the budget did increase for the Library Department and no expenditures were supplanted in accordance with the elimination of that fund. I look forward to discussing the budget materials in detail with you. If you have any questions, or need additional information, please let me know. Agenda Information Sheet September 15, 2009 Page 3 EXHIBITS 1.Budget Resource and Expenditure Summary 2.Position Summary 3.General Fund Five Year Financial Forecast 4.Hotel Occupancy Tax Committee Funding Application from Denton Festival Foundation Respectfully submitted: Bryan Langley Director of Finance BUDGET RESOURCE & EXPENDITURE SUMMARY 2009-10 2007-082008-092008-092009-10 RESOURCES ACTUALBUDGETESTIMATE * PROPOSED General Fund 83,548,657$ 89,325,746$ 87,745,777$ $ 91,279,170 General Debt Service Fund 17,943,860 18,632,641 18,632,641 18,401,932 Electric Fund137,888,911 219,443,847 136,225,488 151,152,370 Water Fund37,692,584 41,502,268 38,103,581 46,096,185 Wastewater Fund23,615,583 25,680,538 24,001,892 24,553,693 Solid Waste Fund17,993,633 21,746,804 18,468,951 19,538,374 Technology Services Fund 7,003,748 7,489,823 7,664,823 7,216,749 Materials Management Fund6,034,740 9,163,909 7,840,241 6,978,929 Fleet Management Fund 7,769,289 11,231,471 7,510,889 10,478,650 Risk Retention Fund2,784,332 2,599,061 2,583,963 2,837,706 Health Insurance Fund 14,168,46514,849,067 15,183,756 18,377,480 Recreation Fund 1,234,243 1,509,541 1,458,165 1,425,702 Tourist & Convention Fund 1,408,2191,401,515 1,408,219 1,382,665 Police Confiscation Fund 125,223 168,622 143,100 178,875 Traffic Safety Fund 384,845 394,000 168,000 181,000 Non-Airport Gas Well Fund1,689,718 1,368,431 989,076 1,958,992 Airport Gas Well Fund1,222,070 1,742,799 1,742,799 2,897,072 Parks Gas Well Fund- - - 1,450,992 Tree Mitigation Fund 214,842 - 22,000 100,000 PEG Fund176,918 200,000 211,432 205,500 McKenna Trust Fund 5,724 - 3,500 40,175 $ 467,776,185363,579,502$ 370,108,293$ TOTAL OPERATING RESOURCES $ 406,732,211 1 () Grant Program -- - 3,070,070 1 () Capital Improvements Program -- - 162,756,344 $ 467,776,185363,579,502$ 370,108,293$ TOTAL RESOURCES $ 572,558,625 2007-082008-092008-092009-10 EXPENDITURESACTUALBUDGETESTIMATE * PROPOSED General Fund 80,730,974$ 89,325,746$ 87,745,777$ $ 91,279,170 General Debt Service Fund17,166,902 18,632,641 18,632,641 17,985,687 Electric Fund140,631,829 219,443,847 132,107,307 147,128,591 Water Fund37,692,584 41,149,645 38,010,475 46,096,185 Wastewater Fund22,609,215 25,252,402 24,001,892 24,553,693 Solid Waste Fund17,993,633 21,413,391 18,468,951 19,538,374 Technology Services Fund 6,598,426 7,489,823 7,664,823 7,216,749 Materials Management Fund5,811,323 9,163,909 7,840,241 6,978,929 Fleet Management Fund 7,710,652 11,231,471 7,510,889 10,478,650 Risk Retention Fund 2,784,332 2,279,822 2,583,963 2,450,692 Health Insurance Fund 14,168,46513,402,199 14,025,586 16,114,970 Recreation Fund1,234,243 1,509,541 1,458,165 1,330,157 Tourist & Convention Fund 1,401,515 1,408,219 1,408,219 1,382,665 Police Confiscation Fund 125,223 168,622 107,116 161,000 Traffic Safety Fund384,845 394,000 168,000 181,000 Non-Airport Gas Wells Fund - - - 1,958,992 Airport Gas Wells Fund246,442 1,742,799 1,742,799 1,427,888 Parks Gas Well Fund- - - 1,350,000 Tree Mitigation Fund - - - 100,000 PEG Fund130,245 200,000 200,000 118,222 McKenna Trust Fund - - - 40,175 $ 464,974,343356,654,582$ 363,676,844$ TOTAL OPERATING EXPENDITURES $ 397,871,789 1 () Grant Program -- - 3,070,070 1 () Capital Improvements Program -- - 162,756,344 $ 464,974,343356,654,582$ 363,676,844$ TOTAL EXPENDITURES $ 563,698,203 1 () Capital Improvements Progarm and Grant Program budgets were not previous included in this summary. * Estimate as of May 2009 POSITION SUMMARY 2009-10 PERSONNEL 2007-082008-092008-092009-10 Full-Time Equivalents (FTE)ACTUALBUDGETESTIMATE *PROPOSED Neighborhood Services220.81 230.81 226.81 226.81 Public Safety Programs404.23 410.23 405.23 405.23 Transportation Programs43.00 45.00 43.00 43.00 Economic Programs5.00 5.00 5.00 5.00 Administrative Programs73.13 78.13 78.13 80.88 769.17746.17 758.17 760.92 TOTAL GENERAL FUND PERSONNEL 2007-082008-092008-092009-10 Full-Time Equivalents (FTE)ACTUALBUDGETESTIMATE *PROPOSED Electric Fund117.50 125.00 125.00 129.50 Water Fund163.00 160.50 160.50 158.00 Wastewater Fund82.87 84.87 84.87 86.37 Solid Waste Fund88.00 93.75 93.50 93.50 Technology Services Fund25.00 25.00 25.00 25.00 Materials Management Fund12.50 13.50 13.50 13.50 Fleet Managment Fund19.00 21.00 21.00 21.00 Risk Retention 5.00 5.00 5.00 5.00 Recreation Fund21.84 21.84 21.84 21.77 534.71550.46550.21553.64 TOTAL OTHER FUNDS 1,319.631,280.88 1,308.38 1,314.56 TOTAL ALL FUNDS * Estimate as of May 2009                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Planning & Development to Brian Lockley 349-8378 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement (PSA) with Jacobs Engineering Group, Inc. to provide planning, architectural design, and engineering services in association with the development of the Downtown Implementation Plan for the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4237 in an amount not to exceed $224,995). RFSP INFORMATION In 2002, the City Council adopted the Denton Downtown Master Plan to convert the vision of a vital downtown into reality. The plan established goals that would define the downtown and provide a balance between development and proper planning and design. The plan is divided into sub areas to address the different circumstances, needs, policies, and investment opportunities that are distinct to each area. Overall, the plan evaluates issues that are inter- related. These issues should be addressed holistically such as parking, thoroughfares, transit center opportunities and long term investment strategies. The Plan will consist of the following elements: Parking; Architectural Design; Open Space and Linkages; and Land Use Analysis with each component containing recommendations for specific action items to implement: (1) A readily actuated and incremental comprehensive vision for the area; (2) Land development regulations and a regulatory framework to facilitate economic development in the area; (3) Establish and recognize an innovative and distinct downtown environment and experience; and (4) Provide recommendations to existing policies, regulations, and code provisions to implement the proposed Plan. The Denton Downtown Master Plan, the Denton Plan, and the Denton Development Code will be used as the basis for all Plan element recommendations. The plan will include the following elements: Downtown Parking Plan; Architectural Design Guidelines; Land Use Analysis; and Parks Recreation and Open Space. In January, the City issued a Request for Sealed Proposals (RFSP) and received twelve (12) proposals from highly qualified firms, and from this twelve the City created a short list of four (4) candidates to interview. A selection team made up of City staff and members of the business community evaluated all of the applications and conducted interviews. After completion of the interviews the selection team made their recommendation, based on the criteria outlined in the RFSP. Agenda Information Sheet September 15, 2009 Page 2 RFSP INFORMATION The City has selected and negotiated with Jacobs Engineering Group, Inc. for the development and completion of the Downtown Implementation Plan. Jacobs has extensive experience in this area and has completed similar projects for the cities of: Carrollton, Texas; Nampa, Idaho; and McKinney, Texas. Jacobs Engineering Group, Inc. will also provide some continuity between the downtown transit center as they are the consultant developing that project. Jacobs Engineering Group, Inc. has prepared a scope of services based on several meetings with City staff. City staff has also requested that a Bicycle Trail that will connect the University of North Texas and Transit Center be added as an addendum to the Plan. The Professional Services Agreement is included as an attachment to the ordinance. The planning process for this project will include significant public and community involvement including a newsletter, facebook page, and public meetings that will coincide with the regularly scheduled Downtown Task Force meetings. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Planning & Zoning Commission received a briefing on this item at their meeting on July 22, 2009. The City Council received a briefing on this item during the work session on August 4, 2009. RECOMMENDATION Approve a Professional Services Agreement with Jacobs Engineering Group, Inc., to provide planning, architectural design, and engineering services in association with the development of the Downtown Implementation Plan in an amount not to exceed $224,995. PRINCIPAL PLACE OF BUSINESS Jacobs Engineering Group, Inc. Dallas, TX 75247 ESTIMATED SCHEDULE OF PROJECT The estimated schedule for the completion of the Downtown Implementation Plan is mid April 2010. Agenda Information Sheet September 15, 2009 Page 3 FISCAL INFORMATION This project will be funded from account 300003458.1365.10100. Requisition 95233 has been entered into the purchasing software system. EXHIBITS Exhibit 1: RFSP #4237 Downtown Implementation Plan Exhibit 2: Scope of Services Exhibit 3: Project Schedule Exhibit 4: Downtown Task Force Membership Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-RFP 4237 CITY OF DENTON, TEXAS RFSP # 4237 DOWNTOWN IMPLEMENTATION PLAN City of Denton Planning Department 221 N. Elm Street Denton, Texas 76201 DUE DATE: FEBRUARY 24, 2009 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN I.INTRODUCTION The City of Denton (City), through the Planning & Development Division, is interested in receiving proposals to contract with a qualified planning, research, and design consulting firm (Firm) with considerable experience in citizen involvement/participation, planning, architectural design, market analysis, and sustainability, to develop a Downtown Implementation Plan (Plan). The Plan will be the catalyst to achieve the goals that define the vision for downtown Denton and will be focused according to the boundaries in the attached Downtown Business Districts Map. The Plan will consist of the following elements: Parking; Architectural Design; Open Space and Linkages; and Land Use Analysis with each component containing recommendations for specific action items to implement: (1) A readily actuated and incremental comprehensive vision for the area; (2) Land development regulations and a regulatory framework to facilitate economic development in the area; (3) Establish and recognize an innovative and distinct downtown environment and experience; and (4). Provide recommendations to existing policies, regulations, and code provisions to implement the proposed Plan. The Denton Downtown Master Plan, the Denton Plan, and the Denton Development Code will be used as the basis for all Plan element recommendations. II.BACKGROUND Denton, Texas is a Main Street City that tops a triangle formed by itself, Ft. Worth and Dallas. Established in 1857, Denton is the county seat of Denton County and was named for John B. Denton. The Denton Downtown square is the heart of the city and has been a focal point for commerce. The center-piece of the downtown square is the old Denton County Courthouse which was erected in 1896 and restored in 1987. In 2002, the City adopted the Denton Downtown Master PlanThe primary focus of the plan is the balance . between encouraging development and exploring partnership opportunities with private investors, while at the same time ensuring that proper design practices are employed. Denton is a virtual orchestra of small town charm and big city arts, culture, education and entertainment. Arts & Jazz Festival; Arts, Antiques & Autos; Denton Blues Fest; Concerts on the Square; Holiday Lighting Festival.  In 2011, Denton will serve as the terminus for the Denton County Transportation Authority (DCTA) transit rail line. The rail line will provide passenger rail service from Denton to the City of Carrollton, where riders may transfer to the Dallas Area Rapid Transit (DART) system and continue into the Dallas/Fort Worth Metroplex. Two transit stations will be built in the City of Denton. The Downtown transit station will be less than one-half mile from the historic Downtown Square. The City is currently planning an A Page 2 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN be pleasant and enjoyable. The firm selected will coordinate this effort with the consultant developing the DCTA Downtown Transit Station Plan. III.SCOPE OF WORK A. EFFORT REQUIRED 1. Downtown Parking Plan a. Review and become familiar with 2002 Downtown Master Plan, the Denton Plan, and the Denton Development Code and any other plan documents to gain insight into development issues within the study area. This will also require meetings with appropriated departments b. Conduct an on-site examinations of designated downtown parking areas both on-street and off-street and perform parking counts and determine peak times and usage requirements. c. Consider planned transit station location and identify parking requirements for bus, and passenger rail in the overall parking plan for downtown. d. Assess parking supply and demand and identify specific locations for additional parking, shared parking, and new public facilities. e. Perform an economic feasibility study of financing options (i.e., Tax Increment Financing) for the provision of required parking spaces with recommendations, as a funding mechanism for infrastructure improvements. Deliverable A parking plan prepared on a block-by-block-basis that details the overall parking supply and demand for on-street and off-street parking and identify specific locations for additional parking, shared parking, and new public facilities with recommendations for funding mechanisms over a specified time period. Plan shall also include recommendations for amendments to existing codes, planning policy decisions and regulations that would impede implementation of the parking plan. Page 3 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN Architectural Design Guidelines a. Assist in the assembling of the downtown architectural design committee consisting of membership approved by the City. b. Facilitate a design and data gathering charrette with the committee to obtain input on desired architectural character of downtown including lighting, signage, setbacks, storefront details, landscaping, screening, and streetscape elements. c. Develop architectural elevations in support of the design guidelines that detail the characteristics and elements of the overall design theme for the project area and other features reflective of the history and culture of downtown Denton, while also allowing for useful and respectful innovations, such as design features that reflect the Leadership in Energy and Environmental Design as well as Crime Prevention Through Environmental Design guidelines. Become familiar with the Historic resources survey as part of this effort. d. Develop a solid waste plan as part of the guidelines to consolidate trash revetments on downtown streets and screen and buffer areas. This will include access issues and dumpster locations. f. Regulating Plan (a schematic representation of the Downtown Master Plan) illustrating the location of streets, blocks, public spaces, and other special features. Deliverable Architectural Design Standards to be implemented for new construction for all land uses in the project area and/or modifications, alterations, or façade changes to existing structures, and recommendations for how plans should be implemented. Land Use Analysis a. Analyze and review and the current zoning of the project area and recommend zoning and code changes to facilitate the Plan goals of the Downtown Master Plan. b. Prepare matrix of land uses that support downtown Development/Redevelopment with underlying zoning classifications by percentage for project area. Matrix shall include density for residential development. Page 4 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN c. Plan shall include vertical and horizontal mixed-use design standards for integration into downtown land uses along with an efficient process for review and/or approval by the City. d. Facilitate a data gathering charrette with the members of the Architectural Design Committee, Planning and Zoning Commission and City Council to obtain input on land use classifications and appropriate zoning to facilitate implementation of the Plan. Deliverable A plan for facilitation of zoning amendments to existing codes and land use regulations and/or creation of new land use districts within the study area with recommended guidelines and standards. Parks, Recreation, and Open Space a. Facilitate a data gathering charrette with the members of the Architectural Design Committee, Planning and Zoning Commission, the Parks, Recreation and Beautification Board, and City Council to obtain input on existing open space and opportunities for open space including streetscape nodes, plaza design integration into building facade and parks. The consultant will also include potential locations for two dimensional and three dimensional pieces of public art throughout the plan area. b. Prepare guidelines and standards for the development of downtown open space and greenway linkages that includes design elements for open space by type of facility (i.e., plaza design v. traditional open space). c. Review and become fa Master Plan, Downtown Master Plan, the Denton Plan, the 2009 Parks, Recreation and Trail System Master Plan, the Denton Development Code and any other plan documents to gain insight into development issues within Quakertown Park. This will also require meetings with & Development and on-site evaluations of the park and City facilities. d. Perform an economic feasibility study of financing options (i.e., Tax Increment Financing) for the provision of required parking spaces with recommendations, as a funding mechanism for infrastructure improvements. Deliverables a. A plan for improving and increasing existing open space and greenway in the study area to support the planned increase in Page 5 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN downtown residential development with recommendations for funding, and; b. An updated Master Plan for Quakertown Park that also addresses future use of existing buildings, use of the park for large special events and festivals, parking, and connectivity to the downtown area and universities. Linkages a. Public Space/Street Standards defining design attributes and geometries for streets that balance the needs of motorists, pedestrians, bicyclists, and transit riders while promoting a vital public realm. These standards should include design specifications for pedestrian friendly sidewalks, travel lane widths, on-and-off street parking, and bicyclists Deliverable A plan for improving and increasing linkages in the study area to support the planned increase in downtown residential development with recommendations for funding. General a. Prior to commencement of Downtown Implementation Plan, the City and selected consultant will conduct an initial meeting to review project scope, project schedule, deliverables and planning process. b. Selected consultant will facilitate all stakeholder meetings and make all needed presentations to Planning & Zoning Commission and City Council and any other Council subcommittee necessary for review prior to adoption of the Plan. c. Prior to finalization of all documents the selected consultant shall submit for review and comment a draft document to City representatives. B. FIRM REQUIREMENTS The Firm must demonstrate compliance with the following requirements: 1. Firm will not perform any work for private clients on projects that may be Review or Permitting Process for the downtown area. This does not preclude the Firm from other private work not meeting this criterion. 2. Firm must have in its employment a multi-disciplinary staff of a size sufficient to perform the services. These disciplines must include Page 6 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN Planning, Architecture, and Civil Engineering. The project manager must be a Professional Architect, or Engineer licensed in the State of Texas, or a Professional Planner holding an AICP designation with at least ten years of development design and/or project management experience in Texas. 3. City desires contin or frequent changes in staffing for this Plan may result in termination of the contract. 4. Firm will provide customer service to the City in accordance with the . 5. Provide comments and feedback in a timely manner in accordance with C. PROJECT IMPLEMENTATION SCHEDULE 1. The City has developed the following project implementation schedule: Distribution of RFP: February 3, 2009 Proposal Submittal Deadline: February 24, 2009 Firm Selection: March 6, 2009 Firm Contract Negotiation: March 9 20, 2009 Firm Contract Award: March 27, 2009 Firm Starts Work: April 8, 2009 IV.SELECTION PROCESS The responses should address each of the following areas in the same order in which they are set forth below. A.STATEMENT OF INTEREST Provide a statement of interest relative to this specific project, including a statement of availability to undertake this project, personnel proposed for the project team, information on similar or relevant projects which the firm has executed and describe the firm's approach and understanding of the project. Page 7 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN B.FIRMS ORGANIZATION 1. Name and Address of the Firm 2. General overview of the Firm 3. Firm Profile, including: a. Type of firm (limited partnership, corporation, etc.) b. Firm History and Age c. Firm Size (including number in each required discipline) d. Areas of special concentration: particular attention should be paid to identifying work in downtown development, specifically with parking plans, open space, economic feasibility studies, downtown architectural design guidelines, and land development code and zoning analysis, and the preparation of land development code amendments e. Telephone number and fax number 4. Description of the Team: a. Identification of the proposed Project Manager b. Identification of key review personnel c. Organization Chart d. Resumes for each key individual on the team and definition of that 5. How the firm will be organized in order to provide continuity of project review over time and on any individual development application 6. Awards Page 8 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN C. REVELANT EXPERIENCE AND CAPABILITIES R whole will be rated by the City by a review of both completed and on-going assignments, years of relevant experience, credentials; greater weight will be given to project experience within the past five (5) years containing the team members proposed: 1. Relevant project experience information to include: a. Entity Name and Location. b. Project description with specific descriptions of responsibilities, successes and failures related to project scope. c. Nature of professional services delivered by Firm on each of these relevant projects, including identification of the responsibility and scope of the team member proposed for participation on the City project. d. List of municipal and private developer client references for relevant projects with contact names and telephone numbers e. Past experience on similar and relevant projects. 2. Project Understanding: a. Briefly describe your understanding of the project scope, important issues, and City requirements. 3. Project Approach: a. considerations and challenges that must be addressed in this project, and how the firm intends to overcome them. Specifically address consensus building and economic feasibility of implementation plan. 4. Team Organization: a. methods. Be specific with regard to internal and external communications, quality control, electronic capabilities, and individual responsibilities. 5. Relevant Experience: a. Include three (3) examples of past work that has been adopted by a local jurisdiction that demonstrates plans for downtown development. Page 9 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN V.SELECTION PROCEDURES / DESCRIPTION OF PROCESS All submissions of proposals must be received by 2:00 p.m. (Central Time) on February 24, 2009 to be considered. A. SUBMITTAL OF PROPOSALS 1. One original copy signed by an officer authorized to bind the company, and nine (9) copies of your completed proposal must be submitted in a sealed envelope by 2:00 p.m. on February 24, 2009. Proposals may be mailed or hand delivered. However, if sent by mail, the proposer is responsible for the timely delivery of the proposal. thirty 2. Proposals shall be no more than (30) 8- cover sheet. An additional 1-page cover letter is also allowed. 3. #4237 Downtown Implementation Plan written on the outside of the package and delivered to: City of Denton Materials Management/Purchasing 901-B Texas Street Denton, TX. 76209 Attn: Tom Shaw not 4. Proposals received after 2:00 p.m. on February 24, 2009 will be considered, and any proposal received after the schedule closing time will be returned to the proposer unopened. 5. Questions concerning technical issues related to this proposal should be directed Brian Lockley at 940-349-8378. 6. Questions concerning procurement issues related to this proposal shall be directed to Tom Shaw at 940-349-7133. B. PROPOSAL WITHDRAWAL No proposal may be withdrawn after having been formally opened by the City. C. LEGAL DISPUTES Proposer agrees and stipulates that in the event any litigation should occur concerning or arising out of any proposals submitted in response to a Request for Proposal, the sole venue of any such legal action shall be in Denton County Texas. Page 10 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN D. CITY AND LICENSES The Proposing Firm must be registered by the State of Texas to provide engineering in the State and have a Texas registered professional engineer or any other professional licensure required by the State to complete this project. Any and all fees and taxes are the responsibility of the proposer. E. REJECTION OF PROPOSALS The City reserves the right to: 1. Reject any and all proposals, and 2. Issue subsequent Requests for Proposals F. PROPOSER RESPONSIBILITY PROPOSAL COSTS Proposer understands and agrees that this Request for Proposals does not obligate the City to pay any costs incurred by the proposer in the preparation and submission of a proposal, or oral interview. G. PROPOSALS PUBLIC INFORMATION After evaluation and award by the City, the unsuccessful proposer may request a debriefing regarding their proposal. Please contact Tom Shaw at 940-349-7133. H. PROPOSAL FORMAT Telecopy (facsimile) proposals will not be accepted by the City. I. EQUAL OPPORTUNITY/AFFIRMATIVE ACTION All Equal Employment Opportunity laws apply to this project. J. STANDARD REQUIREMENTS Any resulting contract will be subject to the standard requirements, terms and conditions of the City covering such contracts. An Official and signed copy of the contract requirements (Agreement) will be furnished to the firm awarded this modifications to the Agreement, other than the information needed to consummate it, need to be addressed in the proposal. The City reserves the right to consider these objections or modifications. Page 11 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN CANCELLATION K. The City reserves the right to cancel the contract if the services provided are not by the City. Payment will only be provided on those services that are performed prior to possible cancellation of the contract. VI.EVALUATION AND SELECTION PROCESS A. PROPOSAL REVIEW A Selection Team will review the proposals. This Selection Team will include members of the staff of the City and others familiar with this proposed project. Selection for the professional services in this request will be made on the basis of demonstrated competence and qualifications to perform the services required. need may be invited for an oral interview, if necessary. Once this selection has been made, the City will attempt to negotiate a contract with the selected firm at a fair and reasonable price. Evaluation of proposals will be based on the following: 1. for this project; this includes an understanding of the codes, processes, and overall goals that define the vision for Downtown Denton: FACTOR 40% ence on projects of this magnitude and complexity: FACTOR 30% 15% 4. Experience and qualifications of key personnel available for this project: FACTOR 15% B. FURTHER INFORMATION The City has the option to request that a firm provide further information in order to complete the evaluation. C. CONTRACTING The selected firm will be offered a contract to perform these services. D. NOTIFICATION All proposers will be notified of the firm selected to perform the requested work, upon final determination by the City. Page 12 of 12 Downtown Implementation Plan Denton, Texas City of Denton, Texas D o w n t o w n I m p l e m e n t a t i o n P l a n Scope of Services Attachment A 15 September 2009 The following scope of services has been specifically written for the City of Denton (client) regarding the completion of their Downtown Implementation Plan (DIP). Jacobs and their team (planning & design consultant) will develop a set of plans and detailed recommendations that result from a series of planning and design tasks. The following defines the approach and tasks to establish a Downtown Implementation Plan. Phase 1 Data Assembly & Establish Goals 1.1 Kick-off Meeting Meet with City staff and appropriate department heads to discuss existing data sources, maps, reports and other potential data sources for this comprehensive downtown study. The City will compile existing downtown historic data, studies; - Population data, - Maps on existing land use, - Existing zoning, - Environmental systems, - Recent developments, - Transportation systems, - CIP projects (planned or funded) and provide to the Jacobs team. The team will review and analyze relevant background materials, particularly with respect to downtown development issues and scope items. 1.2 Project Management Notebook The team will use a project management notebook for all materials supplied during the course of the project. A notebook will be created for three (3) City staff & Steering Committee members --- and will be updated with copies of graphics, powerpoints, etc. The notebook will include; project schedule, contact information and divided into phases. 1.3 Downtown Implementation Plan Steering Committee Meetings The team will meet with the Steering Committee (Downtown Task Force) monthly at regularly scheduled dates to solicit input, review plans & graphics, and provide a project overview. Members of this committee will be notified and scheduled by the City. Team 1 Downtown Implementation Plan Denton, Texas 1.4 Consensus Building Plan and City staff to define a detailed plan for communication. The total consensus building plan will include the following elements: - Press release (2) - Project Logo (1) - Articles for current downtown newsletter (2) The team will provide text, graphics, and content for the items above. The City will handle the delivery and printing of the communication elements. 1.5 Downtown Base Map Obtain existing digital files from the City, to develop a base map of the entire Downtown study area. The large DIP base map will generally include the area bounded by: Carroll Boulevard to the west, Congress Street to the north, Bradshaw Street to the east and Sycamore Street to the south. Their will be some smaller study areas within this large area for specific downtown elements. The transit oriented development (TOD) plan study area, adjacent to the proposed DCTA transit center, will be included in the DIP study area. Files need to include: - Existing road plans, profiles and sections - Land use, - Buildings, - Utilities, - Recent aerials (high resolution), - Natural features, - Downtown land ownership 1.6 Site Reconnaissance Detailed Site Reconnaissance reviewing existing conditions including; parking, transportation linkages, urban design system, parks and public realm environment. The team will walk and photograph the study area defining issues and opportunities for increased economic development. 1.7 Stakeholder Interviews Questionnaire The team will develop a set of questions that will result in scalable answers targeting such topics; downtown investment, opportunities for growth, issues in downtown, financing, future land uses, parking, transportation, public space and others. The questionnaire will be approved by City prior to interviews. 1.8 Stakeholder Interviews (up to 60 interviews) Conduct sixty interviews for a thirty (30) minute period with key individuals and small groups concerning Downtown. Interviews will be conducted in Downtown Denton at a venue provided by the City. The venue needs to have three (3) adjacent conference rooms where interviews can be scheduled to run concurrently. All individual & small group interview answers are private; answers are only presented in a group set of percentages and trends. Individual interviews are contacted and scheduled by City staff. Team 2 Downtown Implementation Plan Denton, Texas Interviews are to include: developers, downtown Denton land owners, City leadership and senior City staff to understand their concerns and objectives with regard to new s with regard to investment in Downtown Denton, financial or otherwise. Identify goals and concerns for downtown redevelopment. The following is a list of potential stakeholders to be interviewed by the team: Mayor City Council Members Planning and Zoning Commission Members Economic Development Representatives City Manager City Staff Members Downtown Business Leaders UNT and TWU Representatives Large Property Owners Phase 1 Deliverables: 1a - Kick off meeting (1) 1b - Steering committee meetings (1 per month) - Power point presentation - Handouts 1c - Project management notebooks 1d - Consensus building plan - Press release (1) - Project Logo (1) - Newsletter (1) 1e - Downtown base map 1f - Site reconnaissance digital photographs (copy) 1g - Stakeholder interview questionnaire 1h - Stakeholder interviews (60 interviews) Phase 2 Assessments & Analysis 2.1 Downtown Implementation Plan Steering Committee Meetings The team will meet with the Steering Committee monthly at regularly scheduled dates to solicit input, review plans & graphics, and provide a project overview. Members of this committee will be notified and scheduled by the City. Establish Goals and Objectives for the Downtown Implementation Plan (DIP) the team will establish a draft set of goals and objectives from input during Steering Committee meetings and stakeholder interview responses. 2.2 Analysis of Physical Systems Team 3 Downtown Implementation Plan Denton, Texas Analysis graphics developed for the following systems including, urban patterns, existing land uses, transportation network & parking areas, parks and pedestrian linkages, etc. Graphics of existing systems will include: - Land use (density by residential type will be determined) - Transportation, parking & transit - Park & open space network - Existing street sections - Pedestrian network - Architectural façade (photo boards and analysis) - Additional items as deemed necessary Through the use of maps, graphics summarize existing conditions in the study area including existing land uses, area development patterns, urban design and supporting elements. 2.3 Assessments The following downtown elements will have individual assessments conducted related to the Downtown Implementation Plan and its goals. 2.3.1 Land Use Assessment A. Analyze and review and the current zoning of the project area and recommend zoning and code changes to facilitate the goals of the Downtown Master Plan. B. Prepare matrix of land uses that support downtown Create a matrix for existing/proposed land uses that relate to the goals developed for the Downtown Implementation Plan. Also, define percentage of zoning categories within downtown study area and what currently can include residential development. 2.3.2 Parking Assessment A the Denton Plan, and the Denton Development Code and any other plan documents to gain insight into development issues within the study area. This will also require meetings with appropriated departments coordinated by the B. Conduct an on-site examinations of designated downtown parking areas both on-street and off-street and perform parking counts and determine peak times and usage requirements. C. Consider planned DCTA transit station location and identify parking requirements for bus, and passenger rail in the overall parking plan for downtown. D. Assess parking supply and demand and identify specific locations for additional parking, shared parking, and new public facilities. 2.3.3 Parks, Recreation, and Open Space Assessment Team 4 Downtown Implementation Plan Denton, Texas A. Facilitate a data gathering meeting with the members of the Architectural Design Committee, Planning and Zoning Commission, the Parks, Recreation and Beautification Board, and City Council to obtain input on existing open space and opportunities for open space including streetscape nodes, plaza design integration into building facade and parks. B. In steering committee meeting and (1) other present analysis of physical systems park & open space and pedestrian network. 2.3.4 Architectural Design Guidelines Assessment A. Facilitate a design and data gathering meeting with the steering committee to obtain input on desired architectural character of downtown including lighting, signage, setbacks, storefront details, landscaping, screening, and streetscape elements. Streetscape elements include: recommendations for trash receptacles, newspaper vending machines, benches, bicycle racks, etc. Recommendations will also include locational criteria, enclosure fencing and door access for B. In meeting present analysis of physical systems Architectural façade and streetscape (photo boards and analysis). 2.3.5 Linkages/Street ROW Assessment A. Analyze and review the current public space/street ROW cross-sections for the safe movement of pedestrians, bicycles, transit and motorist. The standards streets that equally allow safe and pleasant movement of all modes. B. In meeting, present analysis of physical systems linkages/street ROW (photo boards and analysis). 2.4 City Presentations The team will conduct a briefing of the project to date defining current assessment findings. The four (4) presentations will allow for public comment in the following meetings: - Denton City Council (work session & final) - Planning & Zoning (two presentations) These presentations include a verbal presentation with an associated powerpoint presentation. Handouts for City and staff will be provided. 2.5 Public Meeting #1 The team will conduct a public meeting to solicit input from community and downtown stakeholders on the project findings to date. The City will assist the event by having staff work sign-in table, advertise for meeting and secure meeting venue. The team will develop a powerpoint presentation and have wall graphics for the meeting. Phase 2 Deliverables: 2a - Steering committee meetings (1 per month) 5 Team Downtown Implementation Plan Denton, Texas - Power point presentation - Handouts - Draft DIP goals and objectives 2b - Physical systems (existing) analysis graphics displayed in color (maps) - Land use - Transportation, parking & transit - Park & open space network - Existing street sections - Pedestrian network - Architectural façade & streetscape (photo boards and analysis) 2c - Land Use Assessment - Analysis and matrix of existing downtown uses 2d - Parking Assessment - Review documents - On site review - Review DCTA system - Assess parking supply and demand 2e - Parks, Recreation, and Open Space Assessment - Input on open space opportunities for downtown - Review physical system park & os 2f - Architectural Design Guidelines Assessment - Input on desired architectural character for downtown - Input on desired streetscape elements and locational criteria - Review physical system architectural facade 2g - Linkages/Street ROW Assessment - Input on desired complete street concept - Review physical system linkages/street ROW 2h - City Presentations (2) - Denton City Council - Planning & Zoning 2i - Public Meeting #1 - Powerpoint & handouts - Wall graphics Phase 3 Comprehensive Vision & Recommendations 3.1 Downtown Implementation Plan Steering Committee Meetings The team will meet with the Steering Committee monthly at regularly scheduled dates to solicit input, review plans & graphics, and provide a project overview. Members of this committee will be notified and scheduled by the City. 3.2 Comprehensive Vision The team will establish a comprehensive vision for downtown which relates to all the following individual elements. This vision will facilitate economic development in Downtown which is innovative and distinct to Denton while working with the existing assets. 6 Team Downtown Implementation Plan Denton, Texas 3.2.1 Land Use Draft Form Based Code (FBC) A. Draft FBC text reflecting the goals of Downtown, and shall include vertical and horizontal development standards, land uses, and an efficient process for review by the City that will attract quality developers. Mixed-use design standards will be included in this FBC. B. Regulating Plan create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of development patterns, blocks, public spaces, and other special features which will serve as the basis for the FBC. 3.2.2 Parking A. Downtown Parking Plan develop a conceptual Parking Plan prepared on a block-by-block-basis that details: - Overall parking supply - Demand for on-street - Off-street parking - Identifies specific locations for additional parking, shared parking, and (general location) for new public facilities and garage. B. Parking perform an economic feasibility study of financing options (i.e., Tax Increment Financing and other potential real mechanisms) for the provision of required parking spaces with recommendations, as a funding mechanism for infrastructure improvements. C. Regulating Plan create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of parking linked to the FBC. 3.2.3 Parks, Recreation, and Open Space A. Prepare conceptual guidelines for a system of open space and greenway elements by type (plaza, traditional, environmental, etc.). The plan will also include potential locations for two dimensional and three dimensional pieces of public art throughout the plan area. B. Parks perform an economic feasibility study of financing options (i.e., Tax Increment Financing and other potential real mechanisms) for the provision of park improvements and recommendations, as a funding mechanism for implementation. C. Regulating Plan create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of parks, public spaces, and other special features linked to the FBC. 3.2.4 Architectural Design Guidelines A. Develop architectural elevations in support of the design guidelines that detail the characteristics and elements of the overall design theme for the project area and other features reflective of the history and culture of downtown Denton, while also allowing for useful and respectful innovations, such as design features that reflect the Leadership in Energy and 7 Team Downtown Implementation Plan Denton, Texas Environmental Design as well as Crime Prevention Through Environmental Design guidelines. Become familiar with the existing Historic resources survey (provided by City) as part of this effort. B. Regulating Plan create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of façade preference, streets, blocks, and other special features linked to the FBC. 3.2.5 Linkages / Street ROW A. Recommendations for Public Space/Street Standards defining design attributes and geometries for streets that balance the needs of motorists, pedestrians, bicyclists, and transit riders while promoting a vital public realm. These standards should include design specifications for pedestrian friendly sidewalks, travel lane widths, on-and-off street parking, and bicyclists B. Regulating Plan create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of streets, blocks, and other special features linked to the FBC. 3.3 Economics & Implementation Strategy Public Investment Strategy - Develop a coordinated public investment strategy for Denton by identifying mechanisms for intergovernmental and public-private cooperation and public financing for further study. Evaluate current incentive programs in place that are targeted towards increased investment in Downtown Denton. We will address the following questions during this evaluation process: a) Who is using these incentives? b) How successful have they been in attracting development / investment? c) How have other downtowns, similarly situated to Denton, been able to utilize such incentives? Recommend any adjustments to existing incentive programs or recommend new development incentives financial and other to encourage investments that will support, enhance, or build off of new or proposed projects, and will address funding strategies for the provision of required parking spaces. Measures analyzed will include business improvement districts, tax abatement strategies, TIFs, other public-private partnership initiatives. 3.4 Downtown Supporting Components Components that assist economic development and create a better urban design environment in Downtown, such as the following will include recommendations: 3.4.1 Solid Waste Plan Develop a solid waste plan as part of the guidelines to consolidate trash revetments on downtown streets and screen and buffer areas. This will include access, screening and dumpster locations issues. 3.4.2 Revised Master Plan for Quakertown Park 8 Team Downtown Implementation Plan Denton, Texas An updated Master Plan for Quakertown Park will redefine future use of existing buildings, use of the park areas for large special events and festivals, parking location, and connectivity to the downtown area and local universities. Sub-tasks to include: - Define new program elements (by client) - Create a site analysis - Review session with City - Create master plan concept Plan will be provided in an illustrative master plan (sketch) in color with conceptual improvement costs. 3.4.3 Catalyst Projects Will be defined for near term implementation that jumpstart additional private economic development in Downtown. These projects will be described in detail with; specific locations, cost sharing, funding strategies, urban design role and definition of cost and benefits. 3.5 Public Meeting #2 The team will conduct a public meeting to solicit input from community and downtown stakeholders on the project findings to date. The City will assist the event by having staff work sign-in table, advertise for meeting and secure meeting venue. The team will develop a powerpoint presentation and have wall graphics for the meeting. Phase 3 Deliverables: 3a - Steering committee meetings (1 per month) - Power point presentation - Handouts 3b - Land Use - Draft Form Based Code (FBC) - Regulating plan 3c - Parking - Downtown parking plan - Economic feasibility study of financing options - Regulating plan linked to FBC 3d - Parks, Recreation, and Open Space - Conceptual guidelines for system - Economic feasibility study of financing options - Regulating plan linked to FBC 3e - Architectural Design Guidelines - Architectural elevations in support of the design guidelines that defines the characteristics and elements of the overall theme - Regulating plan linked to FBC 3f - Linkages / Street ROW - Recommendations for public space/street standards - Regulating plan linked to FBC 3g - Economics & Implementation Strategy - Coordinated public investment strategy - Evaluate current incentive programs 9 Team Downtown Implementation Plan Denton, Texas 3h - Solid Waste Plan 3i - Revised Master Plan for Quakertown Park - Define new program elements (by client) - Create a site analysis - Review session - Create master plan concept 3j - Catalyst Projects 3k - Public Meeting #2 - Powerpoint & handouts - Wall graphics Phase 4 Implementation 4.1 Downtown Implementation Plan Steering Committee Meetings The team will meet with the Steering Committee monthly at regularly scheduled dates to solicit input, review plans & graphics, and provide a project overview. Members of this committee will be notified and scheduled by the City. 4.2 Draft Downtown Implementation Plan Report and FBC The team will develop a report document at 8-1/2 x 11 that describes the content of the planning process and recommendations. These are specific to DIP and the desired recommendations. Details include; text, charts, matrixes, graphics, photographs and more defining the detailed recommendations. An outline will be agreed upon with City prior to final report production. The Jacobs team will deliver 3 hard copies and 1 CD of the Draft DIP and FBC at a 95% level of completion. 4.3 Review Meeting on Draft Downtown Implementation Plan Report and FBC The team will conduct a meeting (1) with senior staff on the recommendations and layout of the final Downtown Implementation Plan report and FBC. Comments by the City will be received in one document for delivery to Jacobs Team within 2 weeks. 4.4 Final Draft Downtown Implementation Plan Report and FBC The team will develop a report document at 8-1/2 x 11 that describes the content of the planning process and recommendations. Comments from the City staff review will be included. The Jacobs team will deliver 3 hard copies and 1 CD of the Final Draft DIP and FBC at a 100% level of completion. 4.5 City Presentations 10 Team Downtown Implementation Plan Denton, Texas The team will conduct a briefing of the project defining recommendations. The four (4) presentations will allow for public comment toward adoption proceedings in the following meetings: - Denton City Council (2 workshop & public hearing) - Planning and Zoning (2) 4.6 Final Downtown Implementation Plan Report Final report including specifics of Downtown Implementation Plan. Elements within this document include concepts, final plans and implementation actions for the following: - Downtown Parking Plan - Linkages & Urban Design Plan - Architectural Design Guidelines - Parks Recreation & Open Space - Implementation Strategies - Solid Waste Plan - Catalyst Projects definition - Public Investment Strategy - Parks, Recreation, and Open Space economic feasibility study of financing options - Revised Master Plan for Quakertown Park The Jacobs team will deliver 10 bound color copies of the final Denton Downtown Implementation Plan (DIP) and a digital copy (CD) for printing by City 4.7 Final Downtown Form Based Code (FBC) Form Based Code (FBC) for the agreed upon Downtown area that include text, charts, tables, and graphics to regulate new development in Downtown consistent with the goals established for the Downtown Implementation Plan. The Jacobs team will deliver 10 bound color copies of the final Denton Downtown Form Based Code (FBC) and a digital copy (CD) for printing by City Phase 4 Deliverables: 4a - Steering committee meetings (1 per month) - Power point presentation - Handouts 4b - Consensus building plan - Press release (1) - Newsletter (1) 4c - Draft Downtown Implementation Plan Report and FBC - 3 hard copies and 1 CD of Draft DIP at 95% - 3 hard copies and 1 CD of Draft FBC at 95% 4d - Review Meeting on Draft Downtown Implementation Plan Report and FBC 4e - Final Draft Downtown Implementation Plan Report and FBC - 3 hard copies and 1 CD of Final Draft DIP at 100% - 3 hard copies and 1 CD of Final Draft FBC at 100% 4f - City Presentations (4 total 2 each) - Denton City Council 11 Team Downtown Implementation Plan Denton, Texas - Planning and Zoning 4g - Final Downtown Implementation Plan Report - 10 bound color copies of the final Denton Downtown Implementation Plan (DIP) and a digital copy (CD) 4h - Final Downtown Form Based Code (FBC) - 10 bound color copies of the final Denton Downtown Form Based Code (FBC) and a digital copy (CD) Assumptions: 1. City staff will provide prompt and accurate information as may be needed for the project. 2. City staff will provide meeting venues, notice of meetings and will circulate information to committee members and interested parties. End of Scope of Services D e n t o n I m p l e m e n t a t i o n P l a n 12 Team CITY OF DENTON, TEXAS RFSP # 4237 DOWNTOWN IMPLEMENTATION PLAN City of Denton Planning Department 221 N. Elm Street Denton, Texas 76201 DUE DATE: FEBRUARY 24, 2009 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN I.INTRODUCTION The City of Denton (City), through the Planning & Development Division, is interested in receiving proposals to contract with a qualified planning, research, and design consulting firm (Firm) with considerable experience in citizen involvement/participation, planning, architectural design, market analysis, and sustainability, to develop a Downtown Implementation Plan (Plan). The Plan will be the catalyst to achieve the goals that define the vision for downtown Denton and will be focused according to the boundaries in the attached Downtown Business Districts Map. The Plan will consist of the following elements: Parking; Architectural Design; Open Space and Linkages; and Land Use Analysis with each component containing recommendations for specific action items to implement: (1) A readily actuated and incremental comprehensive vision for the area; (2) Land development regulations and a regulatory framework to facilitate economic development in the area; (3) Establish and recognize an innovative and distinct downtown environment and experience; and (4). Provide recommendations to existing policies, regulations, and code provisions to implement the proposed Plan. The Denton Downtown Master Plan, the Denton Plan, and the Denton Development Code will be used as the basis for all Plan element recommendations. II.BACKGROUND Denton, Texas is a Main Street City that tops a triangle formed by itself, Ft. Worth and Dallas. Established in 1857, Denton is the county seat of Denton County and was named for John B. Denton. The Denton Downtown square is the heart of the city and has been a focal point for commerce. The center-piece of the downtown square is the old Denton County Courthouse which was erected in 1896 and restored in 1987. In 2002, the City adopted the Denton Downtown Master PlanThe primary focus of the plan is the balance . between encouraging development and exploring partnership opportunities with private investors, while at the same time ensuring that proper design practices are employed. Denton is a virtual orchestra of small town charm and big city arts, culture, education and entertainment. Arts & Jazz Festival; Arts, Antiques & Autos; Denton Blues Fest; Concerts on the Square; Holiday Lighting Festival.  In 2011, Denton will serve as the terminus for the Denton County Transportation Authority (DCTA) transit rail line. The rail line will provide passenger rail service from Denton to the City of Carrollton, where riders may transfer to the Dallas Area Rapid Transit (DART) system and continue into the Dallas/Fort Worth Metroplex. Two transit stations will be built in the City of Denton. The Downtown transit station will be less than one-half mile from the historic Downtown Square. The City is currently planning an A Page 2 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN be pleasant and enjoyable. The firm selected will coordinate this effort with the consultant developing the DCTA Downtown Transit Station Plan. III.SCOPE OF WORK A. EFFORT REQUIRED 1. Downtown Parking Plan a. Review and become familiar with 2002 Downtown Master Plan, the Denton Plan, and the Denton Development Code and any other plan documents to gain insight into development issues within the study area. This will also require meetings with appropriated departments b. Conduct an on-site examinations of designated downtown parking areas both on-street and off-street and perform parking counts and determine peak times and usage requirements. c. Consider planned transit station location and identify parking requirements for bus, and passenger rail in the overall parking plan for downtown. d. Assess parking supply and demand and identify specific locations for additional parking, shared parking, and new public facilities. e. Perform an economic feasibility study of financing options (i.e., Tax Increment Financing) for the provision of required parking spaces with recommendations, as a funding mechanism for infrastructure improvements. Deliverable A parking plan prepared on a block-by-block-basis that details the overall parking supply and demand for on-street and off-street parking and identify specific locations for additional parking, shared parking, and new public facilities with recommendations for funding mechanisms over a specified time period. Plan shall also include recommendations for amendments to existing codes, planning policy decisions and regulations that would impede implementation of the parking plan. Page 3 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN Architectural Design Guidelines a. Assist in the assembling of the downtown architectural design committee consisting of membership approved by the City. b. Facilitate a design and data gathering charrette with the committee to obtain input on desired architectural character of downtown including lighting, signage, setbacks, storefront details, landscaping, screening, and streetscape elements. c. Develop architectural elevations in support of the design guidelines that detail the characteristics and elements of the overall design theme for the project area and other features reflective of the history and culture of downtown Denton, while also allowing for useful and respectful innovations, such as design features that reflect the Leadership in Energy and Environmental Design as well as Crime Prevention Through Environmental Design guidelines. Become familiar with the Historic resources survey as part of this effort. d. Develop a solid waste plan as part of the guidelines to consolidate trash revetments on downtown streets and screen and buffer areas. This will include access issues and dumpster locations. f. Regulating Plan (a schematic representation of the Downtown Master Plan) illustrating the location of streets, blocks, public spaces, and other special features. Deliverable Architectural Design Standards to be implemented for new construction for all land uses in the project area and/or modifications, alterations, or façade changes to existing structures, and recommendations for how plans should be implemented. Land Use Analysis a. Analyze and review and the current zoning of the project area and recommend zoning and code changes to facilitate the Plan goals of the Downtown Master Plan. b. Prepare matrix of land uses that support downtown Development/Redevelopment with underlying zoning classifications by percentage for project area. Matrix shall include density for residential development. Page 4 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN c. Plan shall include vertical and horizontal mixed-use design standards for integration into downtown land uses along with an efficient process for review and/or approval by the City. d. Facilitate a data gathering charrette with the members of the Architectural Design Committee, Planning and Zoning Commission and City Council to obtain input on land use classifications and appropriate zoning to facilitate implementation of the Plan. Deliverable A plan for facilitation of zoning amendments to existing codes and land use regulations and/or creation of new land use districts within the study area with recommended guidelines and standards. Parks, Recreation, and Open Space a. Facilitate a data gathering charrette with the members of the Architectural Design Committee, Planning and Zoning Commission, the Parks, Recreation and Beautification Board, and City Council to obtain input on existing open space and opportunities for open space including streetscape nodes, plaza design integration into building facade and parks. The consultant will also include potential locations for two dimensional and three dimensional pieces of public art throughout the plan area. b. Prepare guidelines and standards for the development of downtown open space and greenway linkages that includes design elements for open space by type of facility (i.e., plaza design v. traditional open space). c. Review and become fa Master Plan, Downtown Master Plan, the Denton Plan, the 2009 Parks, Recreation and Trail System Master Plan, the Denton Development Code and any other plan documents to gain insight into development issues within Quakertown Park. This will also require meetings with & Development and on-site evaluations of the park and City facilities. d. Perform an economic feasibility study of financing options (i.e., Tax Increment Financing) for the provision of required parking spaces with recommendations, as a funding mechanism for infrastructure improvements. Deliverables a. A plan for improving and increasing existing open space and greenway in the study area to support the planned increase in Page 5 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN downtown residential development with recommendations for funding, and; b. An updated Master Plan for Quakertown Park that also addresses future use of existing buildings, use of the park for large special events and festivals, parking, and connectivity to the downtown area and universities. Linkages a. Public Space/Street Standards defining design attributes and geometries for streets that balance the needs of motorists, pedestrians, bicyclists, and transit riders while promoting a vital public realm. These standards should include design specifications for pedestrian friendly sidewalks, travel lane widths, on-and-off street parking, and bicyclists Deliverable A plan for improving and increasing linkages in the study area to support the planned increase in downtown residential development with recommendations for funding. General a. Prior to commencement of Downtown Implementation Plan, the City and selected consultant will conduct an initial meeting to review project scope, project schedule, deliverables and planning process. b. Selected consultant will facilitate all stakeholder meetings and make all needed presentations to Planning & Zoning Commission and City Council and any other Council subcommittee necessary for review prior to adoption of the Plan. c. Prior to finalization of all documents the selected consultant shall submit for review and comment a draft document to City representatives. B. FIRM REQUIREMENTS The Firm must demonstrate compliance with the following requirements: 1. Firm will not perform any work for private clients on projects that may be Review or Permitting Process for the downtown area. This does not preclude the Firm from other private work not meeting this criterion. 2. Firm must have in its employment a multi-disciplinary staff of a size sufficient to perform the services. These disciplines must include Page 6 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN Planning, Architecture, and Civil Engineering. The project manager must be a Professional Architect, or Engineer licensed in the State of Texas, or a Professional Planner holding an AICP designation with at least ten years of development design and/or project management experience in Texas. 3. City desires contin or frequent changes in staffing for this Plan may result in termination of the contract. 4. Firm will provide customer service to the City in accordance with the . 5. Provide comments and feedback in a timely manner in accordance with C. PROJECT IMPLEMENTATION SCHEDULE 1. The City has developed the following project implementation schedule: Distribution of RFP: February 3, 2009 Proposal Submittal Deadline: February 24, 2009 Firm Selection: March 6, 2009 Firm Contract Negotiation: March 9 20, 2009 Firm Contract Award: March 27, 2009 Firm Starts Work: April 8, 2009 IV.SELECTION PROCESS The responses should address each of the following areas in the same order in which they are set forth below. A.STATEMENT OF INTEREST Provide a statement of interest relative to this specific project, including a statement of availability to undertake this project, personnel proposed for the project team, information on similar or relevant projects which the firm has executed and describe the firm's approach and understanding of the project. Page 7 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN B.FIRMS ORGANIZATION 1. Name and Address of the Firm 2. General overview of the Firm 3. Firm Profile, including: a. Type of firm (limited partnership, corporation, etc.) b. Firm History and Age c. Firm Size (including number in each required discipline) d. Areas of special concentration: particular attention should be paid to identifying work in downtown development, specifically with parking plans, open space, economic feasibility studies, downtown architectural design guidelines, and land development code and zoning analysis, and the preparation of land development code amendments e. Telephone number and fax number 4. Description of the Team: a. Identification of the proposed Project Manager b. Identification of key review personnel c. Organization Chart d. Resumes for each key individual on the team and definition of that 5. How the firm will be organized in order to provide continuity of project review over time and on any individual development application 6. Awards Page 8 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN C. REVELANT EXPERIENCE AND CAPABILITIES R whole will be rated by the City by a review of both completed and on-going assignments, years of relevant experience, credentials; greater weight will be given to project experience within the past five (5) years containing the team members proposed: 1. Relevant project experience information to include: a. Entity Name and Location. b. Project description with specific descriptions of responsibilities, successes and failures related to project scope. c. Nature of professional services delivered by Firm on each of these relevant projects, including identification of the responsibility and scope of the team member proposed for participation on the City project. d. List of municipal and private developer client references for relevant projects with contact names and telephone numbers e. Past experience on similar and relevant projects. 2. Project Understanding: a. Briefly describe your understanding of the project scope, important issues, and City requirements. 3. Project Approach: a. considerations and challenges that must be addressed in this project, and how the firm intends to overcome them. Specifically address consensus building and economic feasibility of implementation plan. 4. Team Organization: a. methods. Be specific with regard to internal and external communications, quality control, electronic capabilities, and individual responsibilities. 5. Relevant Experience: a. Include three (3) examples of past work that has been adopted by a local jurisdiction that demonstrates plans for downtown development. Page 9 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN V.SELECTION PROCEDURES / DESCRIPTION OF PROCESS All submissions of proposals must be received by 2:00 p.m. (Central Time) on February 24, 2009 to be considered. A. SUBMITTAL OF PROPOSALS 1. One original copy signed by an officer authorized to bind the company, and nine (9) copies of your completed proposal must be submitted in a sealed envelope by 2:00 p.m. on February 24, 2009. Proposals may be mailed or hand delivered. However, if sent by mail, the proposer is responsible for the timely delivery of the proposal. thirty 2. Proposals shall be no more than (30) 8- cover sheet. An additional 1-page cover letter is also allowed. 3. #4237 Downtown Implementation Plan written on the outside of the package and delivered to: City of Denton Materials Management/Purchasing 901-B Texas Street Denton, TX. 76209 Attn: Tom Shaw not 4. Proposals received after 2:00 p.m. on February 24, 2009 will be considered, and any proposal received after the schedule closing time will be returned to the proposer unopened. 5. Questions concerning technical issues related to this proposal should be directed Brian Lockley at 940-349-8378. 6. Questions concerning procurement issues related to this proposal shall be directed to Tom Shaw at 940-349-7133. B. PROPOSAL WITHDRAWAL No proposal may be withdrawn after having been formally opened by the City. C. LEGAL DISPUTES Proposer agrees and stipulates that in the event any litigation should occur concerning or arising out of any proposals submitted in response to a Request for Proposal, the sole venue of any such legal action shall be in Denton County Texas. Page 10 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN D. CITY AND LICENSES The Proposing Firm must be registered by the State of Texas to provide engineering in the State and have a Texas registered professional engineer or any other professional licensure required by the State to complete this project. Any and all fees and taxes are the responsibility of the proposer. E. REJECTION OF PROPOSALS The City reserves the right to: 1. Reject any and all proposals, and 2. Issue subsequent Requests for Proposals F. PROPOSER RESPONSIBILITY PROPOSAL COSTS Proposer understands and agrees that this Request for Proposals does not obligate the City to pay any costs incurred by the proposer in the preparation and submission of a proposal, or oral interview. G. PROPOSALS PUBLIC INFORMATION After evaluation and award by the City, the unsuccessful proposer may request a debriefing regarding their proposal. Please contact Tom Shaw at 940-349-7133. H. PROPOSAL FORMAT Telecopy (facsimile) proposals will not be accepted by the City. I. EQUAL OPPORTUNITY/AFFIRMATIVE ACTION All Equal Employment Opportunity laws apply to this project. J. STANDARD REQUIREMENTS Any resulting contract will be subject to the standard requirements, terms and conditions of the City covering such contracts. An Official and signed copy of the contract requirements (Agreement) will be furnished to the firm awarded this modifications to the Agreement, other than the information needed to consummate it, need to be addressed in the proposal. The City reserves the right to consider these objections or modifications. Page 11 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN CANCELLATION K. The City reserves the right to cancel the contract if the services provided are not by the City. Payment will only be provided on those services that are performed prior to possible cancellation of the contract. VI.EVALUATION AND SELECTION PROCESS A. PROPOSAL REVIEW A Selection Team will review the proposals. This Selection Team will include members of the staff of the City and others familiar with this proposed project. Selection for the professional services in this request will be made on the basis of demonstrated competence and qualifications to perform the services required. need may be invited for an oral interview, if necessary. Once this selection has been made, the City will attempt to negotiate a contract with the selected firm at a fair and reasonable price. Evaluation of proposals will be based on the following: 1. for this project; this includes an understanding of the codes, processes, and overall goals that define the vision for Downtown Denton: FACTOR 40% ence on projects of this magnitude and complexity: FACTOR 30% 15% 4. Experience and qualifications of key personnel available for this project: FACTOR 15% B. FURTHER INFORMATION The City has the option to request that a firm provide further information in order to complete the evaluation. C. CONTRACTING The selected firm will be offered a contract to perform these services. D. NOTIFICATION All proposers will be notified of the firm selected to perform the requested work, upon final determination by the City. Page 12 of 12 Downtown Implementation Plan Denton, Texas City of Denton, Texas D o w n t o w n I m p l e m e n t a t i o n P l a n Scope of Services Exhibit B 15 September 2009 The following scope of services has been specifically written for the City of Denton (client) regarding the completion of their Downtown Implementation Plan (DIP). Jacobs and their team (planning & design consultant) will develop a set of plans and detailed recommendations that result from a series of planning and design tasks. The following defines the approach and tasks to establish a Downtown Implementation Plan. Phase 1 Data Assembly & Establish Goals 1.1 Kick-off Meeting Meet with City staff and appropriate department heads to discuss existing data sources, maps, reports and other potential data sources for this comprehensive downtown study. The City will compile existing downtown historic data, studies; - Population data, - Maps on existing land use, - Existing zoning, - Environmental systems, - Recent developments, - Transportation systems, - CIP projects (planned or funded) and provide to the Jacobs team. The team will review and analyze relevant background materials, particularly with respect to downtown development issues and scope items. 1.2 Project Management Notebook The team will use a project management notebook for all materials supplied during the course of the project. A notebook will be created for three (3) City staff & Steering Committee members --- and will be updated with copies of graphics, powerpoints, etc. The notebook will include; project schedule, contact information and divided into phases. 1.3 Downtown Implementation Plan Steering Committee Meetings The team will meet with the Steering Committee (Downtown Task Force) monthly at regularly scheduled dates to solicit input, review plans & graphics, and provide a project overview. Members of this committee will be notified and scheduled by the City. Team 1 Downtown Implementation Plan Denton, Texas 1.4 Consensus Building Plan and City staff to define a detailed plan for communication. The total consensus building plan will include the following elements: - Press release (2) - Project Logo (1) - Articles for current downtown newsletter (2) The team will provide text, graphics, and content for the items above. The City will handle the delivery and printing of the communication elements. 1.5 Downtown Base Map Obtain existing digital files from the City, to develop a base map of the entire Downtown study area. The large DIP base map will generally include the area bounded by: Carroll Boulevard to the west, Congress Street to the north, Bradshaw Street to the east and Sycamore Street to the south. Their will be some smaller study areas within this large area for specific downtown elements. The transit oriented development (TOD) plan study area, adjacent to the proposed DCTA transit center, will be included in the DIP study area. Files need to include: - Existing road plans, profiles and sections - Land use, - Buildings, - Utilities, - Recent aerials (high resolution), - Natural features, - Downtown land ownership 1.6 Site Reconnaissance Detailed Site Reconnaissance reviewing existing conditions including; parking, transportation linkages, urban design system, parks and public realm environment. The team will walk and photograph the study area defining issues and opportunities for increased economic development. 1.7 Stakeholder Interviews Questionnaire The team will develop a set of questions that will result in scalable answers targeting such topics; downtown investment, opportunities for growth, issues in downtown, financing, future land uses, parking, transportation, public space and others. The questionnaire will be approved by City prior to interviews. 1.8 Stakeholder Interviews (up to 60 interviews) Conduct sixty interviews for a thirty (30) minute period with key individuals and small groups concerning Downtown. Interviews will be conducted in Downtown Denton at a venue provided by the City. The venue needs to have three (3) adjacent conference rooms where interviews can be scheduled to run concurrently. All individual & small group interview answers are private; answers are only presented in a group set of percentages and trends. Individual interviews are contacted and scheduled by City staff. Team 2 Downtown Implementation Plan Denton, Texas Interviews are to include: developers, downtown Denton land owners, City leadership and senior City staff to understand their concerns and objectives with regard to new s with regard to investment in Ds obstacles, goals and concerns for downtown redevelopment. The following is a list of potential stakeholders to be interviewed by the team: Mayor City Council Members Planning and Zoning Commission Members Economic Development Representatives City Manager City Staff Members Downtown Business Leaders UNT and TWU Representatives Large Property Owners Phase 1 Deliverables: 1a - Kick off meeting (1) 1b - Steering committee meetings (1 per month) - Power point presentation - Handouts 1c - Project management notebooks 1d - Consensus building plan - Press release (1) - Project Logo (1) - Newsletter (1) 1e - Downtown base map 1f - Site reconnaissance digital photographs (copy) 1g - Stakeholder interview questionnaire 1h - Stakeholder interviews (60 interviews) Phase 2 Assessments & Analysis 2.1 Downtown Implementation Plan Steering Committee Meetings The team will meet with the Steering Committee monthly at regularly scheduled dates to solicit input, review plans & graphics, and provide a project overview. Members of this committee will be notified and scheduled by the City. Establish Goals and Objectives for the Downtown Implementation Plan (DIP) the team will establish a draft set of goals and objectives from input during Steering Committee meetings and stakeholder interview responses. 2.2 Analysis of Physical Systems Team 3 Downtown Implementation Plan Denton, Texas Analysis graphics developed for the following systems including, urban patterns, existing land uses, transportation network & parking areas, parks and pedestrian linkages, etc. Graphics of existing systems will include: - Land use (density by residential type will be determined) - Transportation, parking & transit - Park & open space network - Existing street sections - Pedestrian network - Architectural façade (photo boards and analysis) - Additional items as deemed necessary Through the use of maps, graphics summarize existing conditions in the study area including existing land uses, area development patterns, urban design and supporting elements. 2.3 Assessments The following downtown elements will have individual assessments conducted related to the Downtown Implementation Plan and its goals. 2.3.1 Land Use Assessment A. Analyze and review and the current zoning of the project area and recommend zoning and code changes to facilitate the goals of the Downtown Master Plan. B. Prepare matrix of land uses that support downtown Create a matrix for existing/proposed land uses that relate to the goals developed for the Downtown Implementation Plan. Also, define percentage of zoning categories within downtown study area and what currently can include residential development. 2.3.2 Parking Assessment A the Denton Plan, and the Denton Development Code and any other plan documents to gain insight into development issues within the study area. This will also require meetings with appropriated departments coordinated by the B. Conduct an on-site examinations of designated downtown parking areas both on-street and off-street and perform parking counts and determine peak times and usage requirements. C. Consider planned DCTA transit station location and identify parking requirements for bus, and passenger rail in the overall parking plan for downtown. D. Assess parking supply and demand and identify specific locations for additional parking, shared parking, and new public facilities. 2.3.3 Parks, Recreation, and Open Space Assessment Team 4 Downtown Implementation Plan Denton, Texas A. Facilitate a data gathering meeting with the members of the Architectural Design Committee, Planning and Zoning Commission, the Parks, Recreation and Beautification Board, and City Council to obtain input on existing open space and opportunities for open space including streetscape nodes, plaza design integration into building facade and parks. B. In steering committee meeting and (1) other present analysis of physical systems park & open space and pedestrian network. 2.3.4 Architectural Design Guidelines Assessment A. Facilitate a design and data gathering meeting with the steering committee to obtain input on desired architectural character of downtown including lighting, signage, setbacks, storefront details, landscaping, screening, and streetscape elements. Streetscape elements include: recommendations for trash receptacles, newspaper vending machines, benches, bicycle racks, etc. Recommendations will also include locational criteria, enclosure fencing and door access for B. In meeting present analysis of physical systems Architectural façade and streetscape (photo boards and analysis). 2.3.5 Linkages/Street ROW Assessment A. Analyze and review the current public space/street ROW cross-sections for the safe movement of pedestrians, bicycles, transit and motorist. The standards streets that equally allow safe and pleasant movement of all modes. B. In meeting, present analysis of physical systems linkages/street ROW (photo boards and analysis). 2.4 City Presentations The team will conduct a briefing of the project to date defining current assessment findings. The four (4) presentations will allow for public comment in the following meetings: - Denton City Council (work session & final) - Planning & Zoning (two presentations) These presentations include a verbal presentation with an associated powerpoint presentation. Handouts for City and staff will be provided. 2.5 Public Meeting #1 The team will conduct a public meeting to solicit input from community and downtown stakeholders on the project findings to date. The City will assist the event by having staff work sign-in table, advertise for meeting and secure meeting venue. The team will develop a powerpoint presentation and have wall graphics for the meeting. Phase 2 Deliverables: 2a - Steering committee meetings (1 per month) 5 Team Downtown Implementation Plan Denton, Texas - Power point presentation - Handouts - Draft DIP goals and objectives 2b - Physical systems (existing) analysis graphics displayed in color (maps) - Land use - Transportation, parking & transit - Park & open space network - Existing street sections - Pedestrian network - Architectural façade & streetscape (photo boards and analysis) 2c - Land Use Assessment - Analysis and matrix of existing downtown uses 2d - Parking Assessment - Review documents - On site review - Review DCTA system - Assess parking supply and demand 2e - Parks, Recreation, and Open Space Assessment - Input on open space opportunities for downtown - Review physical system park & os 2f - Architectural Design Guidelines Assessment - Input on desired architectural character for downtown - Input on desired streetscape elements and locational criteria - Review physical system architectural facade 2g - Linkages/Street ROW Assessment - Input on desired complete street concept - Review physical system linkages/street ROW 2h - City Presentations (2) - Denton City Council - Planning & Zoning 2i - Public Meeting #1 - Powerpoint & handouts - Wall graphics Phase 3 Comprehensive Vision & Recommendations 3.1 Downtown Implementation Plan Steering Committee Meetings The team will meet with the Steering Committee monthly at regularly scheduled dates to solicit input, review plans & graphics, and provide a project overview. Members of this committee will be notified and scheduled by the City. 3.2 Comprehensive Vision The team will establish a comprehensive vision for downtown which relates to all the following individual elements. This vision will facilitate economic development in Downtown which is innovative and distinct to Denton while working with the existing assets. 6 Team Downtown Implementation Plan Denton, Texas 3.2.1 Land Use Draft Form Based Code (FBC) A. Draft FBC text reflecting the goals of Downtown, and shall include vertical and horizontal development standards, land uses, and an efficient process for review by the City that will attract quality developers. Mixed-use design standards will be included in this FBC. B. Regulating Plan create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of development patterns, blocks, public spaces, and other special features which will serve as the basis for the FBC. 3.2.2 Parking A. Downtown Parking Plan develop a conceptual Parking Plan prepared on a block-by-block-basis that details: - Overall parking supply - Demand for on-street - Off-street parking - Identifies specific locations for additional parking, shared parking, and (general location) for new public facilities and garage. B. Parking perform an economic feasibility study of financing options (i.e., Tax Increment Financing and other potential real mechanisms) for the provision of required parking spaces with recommendations, as a funding mechanism for infrastructure improvements. C. Regulating Plan create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of parking linked to the FBC. 3.2.3 Parks, Recreation, and Open Space A. Prepare conceptual guidelines for a system of open space and greenway elements by type (plaza, traditional, environmental, etc.). The plan will also include potential locations for two dimensional and three dimensional pieces of public art throughout the plan area. B. Parks perform an economic feasibility study of financing options (i.e., Tax Increment Financing and other potential real mechanisms) for the provision of park improvements and recommendations, as a funding mechanism for implementation. C. Regulating Plan create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of parks, public spaces, and other special features linked to the FBC. 3.2.4 Architectural Design Guidelines A. Develop architectural elevations in support of the design guidelines that detail the characteristics and elements of the overall design theme for the project area and other features reflective of the history and culture of downtown Denton, while also allowing for useful and respectful innovations, such as design features that reflect the Leadership in Energy and 7 Team Downtown Implementation Plan Denton, Texas Environmental Design as well as Crime Prevention Through Environmental Design guidelines. Become familiar with the existing Historic resources survey (provided by City) as part of this effort. B. Regulating Plan create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of façade preference, streets, blocks, and other special features linked to the FBC. 3.2.5 Linkages / Street ROW A. Recommendations for Public Space/Street Standards defining design attributes and geometries for streets that balance the needs of motorists, pedestrians, bicyclists, and transit riders while promoting a vital public realm. These standards should include design specifications for pedestrian friendly sidewalks, travel lane widths, on-and-off street parking, and bicyclists B. Regulating Plan create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of streets, blocks, and other special features linked to the FBC. 3.3 Economics & Implementation Strategy Public Investment Strategy - Develop a coordinated public investment strategy for Denton by identifying mechanisms for intergovernmental and public-private cooperation and public financing for further study. Evaluate current incentive programs in place that are targeted towards increased investment in Downtown Denton. We will address the following questions during this evaluation process: a) Who is using these incentives? b) How successful have they been in attracting development / investment? c) How have other downtowns, similarly situated to Denton, been able to utilize such incentives? Recommend any adjustments to existing incentive programs or recommend new development incentives financial and other to encourage investments that will support, enhance, or build off of new or proposed projects, and will address funding strategies for the provision of required parking spaces. Measures analyzed will include business improvement districts, tax abatement strategies, TIFs, other public-private partnership initiatives. 3.4 Downtown Supporting Components Components that assist economic development and create a better urban design environment in Downtown, such as the following will include recommendations: 3.4.1 Solid Waste Plan Develop a solid waste plan as part of the guidelines to consolidate trash revetments on downtown streets and screen and buffer areas. This will include access, screening and dumpster locations issues. 3.4.2 Revised Master Plan for Quakertown Park 8 Team Downtown Implementation Plan Denton, Texas An updated Master Plan for Quakertown Park will redefine future use of existing buildings, use of the park areas for large special events and festivals, parking location, and connectivity to the downtown area and local universities. Sub-tasks to include: - Define new program elements (by client) - Create a site analysis - Review session with City - Create master plan concept Plan will be provided in an illustrative master plan (sketch) in color with conceptual improvement costs. 3.4.3 Catalyst Projects Will be defined for near term implementation that jumpstart additional private economic development in Downtown. These projects will be described in detail with; specific locations, cost sharing, funding strategies, urban design role and definition of cost and benefits. 3.5 Public Meeting #2 The team will conduct a public meeting to solicit input from community and downtown stakeholders on the project findings to date. The City will assist the event by having staff work sign-in table, advertise for meeting and secure meeting venue. The team will develop a powerpoint presentation and have wall graphics for the meeting. Phase 3 Deliverables: 3a - Steering committee meetings (1 per month) - Power point presentation - Handouts 3b - Land Use - Draft Form Based Code (FBC) - Regulating plan 3c - Parking - Downtown parking plan - Economic feasibility study of financing options - Regulating plan linked to FBC 3d - Parks, Recreation, and Open Space - Conceptual guidelines for system - Economic feasibility study of financing options - Regulating plan linked to FBC 3e - Architectural Design Guidelines - Architectural elevations in support of the design guidelines that defines the characteristics and elements of the overall theme - Regulating plan linked to FBC 3f - Linkages / Street ROW - Recommendations for public space/street standards - Regulating plan linked to FBC 3g - Economics & Implementation Strategy - Coordinated public investment strategy - Evaluate current incentive programs 9 Team Downtown Implementation Plan Denton, Texas 3h - Solid Waste Plan 3i - Revised Master Plan for Quakertown Park - Define new program elements (by client) - Create a site analysis - Review session - Create master plan concept 3j - Catalyst Projects 3k - Public Meeting #2 - Powerpoint & handouts - Wall graphics Phase 4 Implementation 4.1 Downtown Implementation Plan Steering Committee Meetings The team will meet with the Steering Committee monthly at regularly scheduled dates to solicit input, review plans & graphics, and provide a project overview. Members of this committee will be notified and scheduled by the City. 4.2 Draft Downtown Implementation Plan Report and FBC The team will develop a report document at 8-1/2 x 11 that describes the content of the planning process and recommendations. These are specific to DIP and the desired recommendations. Details include; text, charts, matrixes, graphics, photographs and more defining the detailed recommendations. An outline will be agreed upon with City prior to final report production. The Jacobs team will deliver 3 hard copies and 1 CD of the Draft DIP and FBC at a 95% level of completion. 4.3 Review Meeting on Draft Downtown Implementation Plan Report and FBC The team will conduct a meeting (1) with senior staff on the recommendations and layout of the final Downtown Implementation Plan report and FBC. Comments by the City will be received in one document for delivery to Jacobs Team within 2 weeks. 4.4 Final Draft Downtown Implementation Plan Report and FBC The team will develop a report document at 8-1/2 x 11 that describes the content of the planning process and recommendations. Comments from the City staff review will be included. The Jacobs team will deliver 3 hard copies and 1 CD of the Final Draft DIP and FBC at a 100% level of completion. 4.5 City Presentations 10 Team Downtown Implementation Plan Denton, Texas The team will conduct a briefing of the project defining recommendations. The four (4) presentations will allow for public comment toward adoption proceedings in the following meetings: - Denton City Council (2 workshop & public hearing) - Planning and Zoning (2) 4.6 Final Downtown Implementation Plan Report Final report including specifics of Downtown Implementation Plan. Elements within this document include concepts, final plans and implementation actions for the following: - Downtown Parking Plan - Linkages & Urban Design Plan - Architectural Design Guidelines - Parks Recreation & Open Space - Implementation Strategies - Solid Waste Plan - Catalyst Projects definition - Public Investment Strategy - Parks, Recreation, and Open Space economic feasibility study of financing options - Revised Master Plan for Quakertown Park The Jacobs team will deliver 10 bound color copies of the final Denton Downtown Implementation Plan (DIP) and a digital copy (CD) for printing by City 4.7 Final Downtown Form Based Code (FBC) Form Based Code (FBC) for the agreed upon Downtown area that include text, charts, tables, and graphics to regulate new development in Downtown consistent with the goals established for the Downtown Implementation Plan. The Jacobs team will deliver 10 bound color copies of the final Denton Downtown Form Based Code (FBC) and a digital copy (CD) for printing by City Phase 4 Deliverables: 4a - Steering committee meetings (1 per month) - Power point presentation - Handouts 4b - Consensus building plan - Press release (1) - Newsletter (1) 4c - Draft Downtown Implementation Plan Report and FBC - 3 hard copies and 1 CD of Draft DIP at 95% - 3 hard copies and 1 CD of Draft FBC at 95% 4d - Review Meeting on Draft Downtown Implementation Plan Report and FBC 4e - Final Draft Downtown Implementation Plan Report and FBC - 3 hard copies and 1 CD of Final Draft DIP at 100% - 3 hard copies and 1 CD of Final Draft FBC at 100% 4f - City Presentations (4 total 2 each) - Denton City Council 11 Team Downtown Implementation Plan Denton, Texas - Planning and Zoning 4g - Final Downtown Implementation Plan Report - 10 bound color copies of the final Denton Downtown Implementation Plan (DIP) and a digital copy (CD) 4h - Final Downtown Form Based Code (FBC) - 10 bound color copies of the final Denton Downtown Form Based Code (FBC) and a digital copy (CD) Assumptions: 1. City staff will provide prompt and accurate information as may be needed for the project. 2. City staff will provide meeting venues, notice of meetings and will circulate information to committee members and interested parties. End of Scope of Services D e n t o n I m p l e m e n t a t i o n P l a n 12 Team D e n t o n D o w n t o w n I m p l e m e n t a t i o n P l a n PROJECT COST SUMMARY - EXHIBIT C 15-Sep-09 Percentage of Project Subtotal Project Total Labor LaborLaborExpensesby Firm PhaseTeam Phase 1 Data Assembly & Establish Goals Jacobs$ 19,792 Townscape$ 11,510 RCLCO$ - sub totals14.7%$31,302belowbelow Phase 2 Assessments & Analysis Jacobs$ 37,110 Townscape$ 19,184 RCLCO$ 1,935 sub totals27.3%$58,229belowbelow Phase 3 Comp Vision & Recommendations Jacobs$ 43,295 Townscape$ 30,694 RCLCO$ 9,675 sub totals39.2%$83,664belowbelow Phase 4 Implementation Jacobs$ 25,503 Townscape$ 15,347 RCLCO$ 1,290 sub totals18.8%$40,140belowbelow Total Project Expenses Jacobs$ 7,395 Townscape$ 765 RCLCO$ 1,500 Professional Fee Jacobs$ 125,700 Townscape$ 76,735 RCLCO$ 12,900 100%$215,335$9,660 totals Total Labor Cost$215,335 Estimated Direct Costs (Expenses, Travel, etc)$9,660 Total Project Cost$224,995 Additional Services Hourly Rates: Additional services will occur upon a written document defining tasks and associated costs and/or hours by noted professionals below agreed by both parties. Role/TitleHourly Billing Rate per Person Dave Retzsch (PIC)$219.24/hr Allan Zreet$195.55/hr Rick Leisner (PM)$156.91/hr Doug Tennant$156.00/hr Alexis Massaro$71.76/hr Randy Phillips$102.59/hr Noelle Flocke$69.40/hr Brad Moulton$65.99/hr April Sawin$54.60/hr Team Dennis Wilson$210.00/hr Todd LaRue$250.00/hr Annie Melton$155.00/hr Bud Melton$140.00/hr Public Meetings* $1,900.00 each * (Public meetings are broad community based meetings designed to solicit public input; the term does not include Council or P&Z meetings. Fixed price includes participation by a core team of Jacobs employees, whose hourly rates will not be billed, unless the City requests additional staff participation.) Jacobs TeamPage 1 of 1                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Euless, Texas under Section 271.102 of the Local Government Code, to authorize participation in various City of Euless contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4393-Interlocal Agreement with the City of Euless, Texas). INTERLOCAL AGREEMENT INFORMATION Section 271.102 of the Local Government Code, authorizes respective participating governments to enter into joint contracts and agreements for the purchase of necessary materials, supplies, and services. Over the past several years, the City of Denton and other entities have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayers through anticipated savings. The attached Agreement is an authorization to participate in contracts awarded by the City of Euless and will remain in effect until terminated by either party. Any acquisition exceeding $100,000 will be presented to Council for approval, prior to issuing a purchase order. This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and services competitively bid by the City of Euless, Texas. In the past, we have purchased such items as police sedans, tires, corrugated metal pipe, lubricants, oils, road materials, and other supplies from similar agreements. The bid process followed by the City of Euless, Texas meets all State bidding requirements and bid opportunities are extended to all local suppliers. RECOMMENDATION Approve an Interlocal Agreement between the City of Denton and the City of Euless, Texas. PRINCIPAL PLACE OF BUSINESS City of Euless Euless, TX Agenda Information Sheet September 15, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT This Agreement is effective upon approval by the City of Denton and will remain in effect until terminated by either party. FISCAL INFORMATION Each acquisition, based on this Agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4393 ORDINANCE NO. ___________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF EULESS, TEXAS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE PARTICIPATION IN VARIOUS CITY OF EULESS CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 4393-INTERLOCAL AGREEMENT WITH THE CITY OF EULESS, TEXAS). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the City of Euless under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. 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: _________________________________ 2-ORD-Interlocal Agreement With Euless AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Keith Gabbard 349-7116 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Euless under Section 271.102 of the Local Government Code for the purchase of street slurry seal services; providing for the expenditure of funds therefor; and providing an effective date (File 4395-Interlocal Agreement for Street Slurry Seal Services with the City of Euless, contract awarded to Viking Construction, Inc. in the estimated amount of $150,000). FILE INFORMATION On April 28, 2009, the City of Euless awarded a contract for street slurry seal microsurfacing to Viking Construction, Inc. The bid was awarded as an annual contract with four, one-year renewal options. Approval of this item would allow the City of Denton to accept the City of Euless bids and award a contract to Viking Construction Inc., for street slurry seal services. The prices received are very competitive and the services bid match our existing needs. Section 791.025 of the Texas General Code provides that Local Governments may agree to purchase goods and services through Interlocal Agreements. RECOMMENDATION Award a contract to Viking Construction, Inc. in the estimated amount of $150,000 based upon the square yard prices listed on Exhibit A of the attached ordinance. PRINCIPAL PLACE OF BUSINESS Viking Construction, Inc. Georgetown, TX ESTIMATED SCHEDULE OF PROJECT This contract will be used for various projects as needed by the Street Department. The initial contract period will expire December 31, 2009, with provisions for four (4) one year renewal options beginning January 1, 2010. Agenda Information Sheet September 15, 2009 Page 2 FISCAL INFORMATION charged to the account number for the specific project. EXHIBITS Exhibit 1: Council Communication and Tabulation Sheet from City of Euless Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4395 Exhibit 1 CITY COUNCIL COMMUNICATION April 28, 2009 SUBJECT: Consider Authorization to Purchase Asphalt Slurry Seal and Micro Surfacing SUBMITTED BY: Ron Young, Director of Public Works REFERENCE NO: Bid No. 006-09 _____________________________________________________________________ ACTION REQUESTED: Consider award of Bid No. 006-09 to Viking Construction, Inc., 2592 Shell Road, Georgetown, Texas 78628 for the purchase of asphalt slurry seal and microsurfacing for a term ending December 31, 2009 with four (4) one (1) year renewal options and authorize the City Manager to enter into a contract with Viking Construction Inc. not to exceed $95,088.00. ALTERNATIVES: Approve Deny Re-bid SUMMARY OF SUBJECT: The City of Euless Public Works Department previously utilized the option of piggy backing with the City of Hurst for asphalt slurry seal and micro surfacing from Viking Construction, Inc. for preventative street maintenance. Due to the expiration of this contract the City of Euless solicited bids for this product/service. The City of Euless Purchasing Department advertised for sealed bids by posting on Onvia/Demand Star and contacting eightpotential biddersfor the purchase of asphalt slurry seal and micro surfacing. One response, from Viking Construction, Inc. was received. Viking has a large local presence in this area and has special equipment to handle residential areas. Slurry seal and micro surfacing is a homogeneously blended asphalt product which consists of up to a 3/8” surface coat of aggregate, liquid asphalt and finely graded manufactured sand. Slurry Seal and micro surfacing cost considerably less than asphalt overlay and will prolong street life an average of an additional five to seven years. Slurry seal and micro surfacing can only be used on streets in fair condition and greatly helps to restore a uniform surface texture and driving course. The quantities represented in the bid were estimations based on prior history. The City of Euless will only purchase material as needed and will be billed only for the actual material purchased. The initial contract period will expire December 31, 2009 with provisions for four (4), one (1) year renewal options beginning January 1. Viking Construction’s bid is based on unit cost. It is requested that this authorization to purchase from Viking Construction, Inc. in the estimated amount of $95,088.00 be approved. FINANCIAL CONSIDERATIONS: Revenue Sources: Expenditure Accounts:101-9060-590.74-99 Budgeted Fiscal Year(s): $95,088 Estimated Expenditure: $95,088 Over/Under Projection By: $ 0 Other Comments: SUPPORTING DOCUMENTS: Bid Tabulation Letter: Viking Construction, Inc. APPROVED BY: ___________LG__________ City Manager’s Office ___________SC__________ City Secretary’s Office ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE CITY OF EULESS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE FOR THE PURCHASE OF STREET SLURRY SEAL SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4395-INTERLOCAL AGREEMENT FOR STREET SLURRY SEAL SERVICES WITH THE CITY OF EULESS, CONTRACT AWARDED TO VIKING CONSTRUCTION, INC. IN THE ESTIMATED AMOUNT OF $150,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to purchase street slurry seal services from Viking Construction, Inc. in the unit price amounts shown on Exhibit A under competitive bids received by the City of Euless 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 4395  Exhibit A Unit Pricing for Street Slurry Seal Services City of Euless Bid 006-09 Line Item Description Unit Price 1 Furnish and Install Asphalt Slurry Seal $2.38/SY 2 Furnish and install Microsurfacing $3.50/SY                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009Questions concerning this project may be directed DEPARTMENT: Materials Management to Emerson Vorel 349-7460 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to execute Change Order One to the contract between the City of Denton and H.C.I. General Contractors Inc., providing for the expenditure of funds therefor; and providing an effective date (RFSP 4206-Denton Senior Center Renovations-Change Order One in the amount of $38,919). BID INFORMATION This Change Order request is for the removal and replacement of parking lot pavement material in the Senior Center parking lot on Bell Street. Currently, renovation is taking place inside the Senior Center and part of the parking lot is being repaved. Since the bid prices received for the renovation were lower than anticipated and unit prices reflected in this change order are lower than the unit prices contained in the original bid, funds are available to repave additional areas in the parking lot. Work to be performed includes the removal of two inches of asphalt, the repair of base failures, and repaving and restriping of the parking lot. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The City Council approved RFSP 4206-Denton Senior Center Renovations and Addition (Ordinance 2009-012) on January 9, 2009 in the amount of $1,184,300. RECOMMENDATION Approve RFSP 4206 Change Order One in the amount of $38,919 for a total bid award of $1,223,219. PRINCIPAL PLACE OF BUSINESS H.C.I. General Contractors, Inc. Dallas, Texas ESTIMATED SCHEDULE OF PROJECT Phase One of the parking lot renovation took place during August 2009. The additional renovation will take place during October 2009. The contractor has requested a seven day extension due to the parking lot paving included in this Change Order. Agenda Information Sheet September 15, 2009 Page 2 FISCAL INFORMATION This change order will be funded from account 400090457.1360.40100 in the amount of $38,919. EXHIBITS Exhibit 1: Change Order One Itemization from H.C.I. General Contractors, Inc. Exhibit 2: Map of additional work Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-RFSP 4206 Change Order One Exhibit 1 ORDINANCE NO. __________  AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE CHANGE ORDER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND H.C.I. GENERAL CONTRACTORS INC., PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFSP 4206-DENTON SENIOR CENTER RENOVATIONS-CHANGE ORDER ONE IN THE AMOUNT OF $38,919). WHEREAS, on January 9, 2009 by Ordinance No. 2009-012, the City awarded a public works contract to HCI General Contractors Inc., in the amount of $1,184,300 for renovations to the City of Denton Senior Center; and 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 profes 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 No. One, increasing the amount of the contract between the City and HCI General Contractors, Inc., which is on file in the office of the Purchasing Agent, in the amount of Thirty Eight Thousand Nine Hundred Nineteen and 0/100 ($38,919) 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 $1,223,219. 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: _________________________________ AGENDA INFORMATION SHEET AGENDA DATE : September 15, 2009 DEPARTMENT : Transportation Operations ACM : Howard Martin, 349-8232 SUBJECT Consider an ordinance of the City of Denton, Texas terminating that certain Airport Lease dated June 21, 2005 between the City of Denton, Texas and NTDenton Leasing, Inc. authorizing the City Attorney or her designee to take appropriate legal action to effectuate the termination; and providing an effective date. (Airport Advisory Board recommends termination 6-0). BACKGROUND On June 21, 2005, the City Council passed ordinance 2005-169 which approved a ground lease for the Denton Airport lot at 4600 Spartan Drive with NTDenton Leasing, Inc. (NTDenton). The lease required construction of an airplane hangar on a specific schedule. Construction was to commence within 270 days, which date was March 28, 2006. Construction of the approved facility was to be completed within 720 days, which date was June 11, 2007. Over the period of two years and three months since construction was to be completed, NTDenton has sought numerous extensions and variances from City staff to the originally approved construction specifications and completion deadlines. A copy of the development history is attached as Exhibit 4 to this Information Summary. In February 2009, NTDenton committed to a construction schedule with specific milestones that would result in completion of the hangar at 4600 Spartan Drive on the Airport by August 25, 2009 (Exhibit 2). As of September 3, 2009, no additional construction has been performed. On June 18, 2009, NTDenton appealed to City Staff to withdraw the termination notice and committed to provide proof of financing and a revised construction schedule within one week. As of September 3, 2009, no proof of financing has been provided. On June 26, 2009, Airport Staff sent a certified letter to NTDenton indicating the lease would be terminated as of July 31, 2009 because of failure to perform as indicated on the termination suspension granted in February, 2009 (attached to Exhibit 1). City policy requires any real estate action to be specifically presented to the City Council for consideration of official action. On July 29, 2009, Airport Staff sent a certified letter to NTDenton to inform them the termination effective July 31, 2009 would be suspended until the City Council considers an ordinance to accept the action (Exhibit 3). Upon final termination of the NTDenton lease for failure to perform the required hangar construction, any improvements that have been made on the lot will immediately become the property of the City of Denton. These improvements consist of a concrete foundation, with plumbing that was installed in June 2008. RECOMMENDATION The Airport Advisory Board recommended termination of the NTDenton ground lease for failure to perform according to terms and conditions of their lease that require construction of a hangar at 4600 Spartan Drive. (6-0 Vote; Exhibit 5) EXHIBITS 1.Ordinance to accept termination of NTDenton Leasing lease of property at 4600 Spartan Drive, Denton Airport (with attached termination letter dated June 26, 2009); 2.Certified letter dated March 2, 2009 sent to NTDenton Leasing to suspend termination of lease pending performance of construction (construction schedule attached); 3.Certified letter dated July 29, 2009 4.NTDenton Leasing correspondence summary; 5.Excerpt from DRAFT minutes of Airport Advisory Board consideration of termination recommendation. Respectfully submitted: Quentin Hix Airport Manager Exhibit 1 EXHIBIT A Exhibit 2 Ó¿®½¸îôîððç ݸ¿®´»­Ö±²»­ ÒÌÜ»²¬±²Ô»¿­·²¹ôײ½ò êçðïλ¼¾«¼Ü®·ª» Certified Letter No. 7005 1820 0005 5052 5821 Ú´±©»®Ó±«²¼ôÌ»¨¿­éëðîî RETURN RECEIPT REQUESTED λæÞ«·´¼·²¹Ý±²­¬®«½¬·±²Í½¸»¼«´» Ü»¿®Ó®òÖ±²»­ô ̸·­´»¬¬»®©·´´½±²º·®³¿²»¨¬»²­·±²±º¬¸»´»¿­»¼»º¿«´¬²±¬·½»®»½»·ª»¼¾§ÒÌÜ»²¬±²Ô»¿­·²¹ô ײ½ò±²Ú»¾®«¿®§ëôîðð窷¿®»¹·­¬»®»¼´»¬¬»®ýéððëíïïððððíðëïêïçéïò̸»¬»®³·²¿¬·±² ¼¿¬»º±®¬¸»Ý±³³»®½·¿´ß·®°±®¬Ñ°»®¿¬±®Ô»¿­»ß¹®»»³»²¬¾»¬©»»²ÒÌÜ»²¬±²Ô»¿­·²¹ôײ½ò ¿²¼¬¸»Ý·¬§±ºÜ»²¬±²¼¿¬»¼Ö«²»îïôîððë·­»¨¬»²¼»¼¬±ß«¹«­¬îëôîððçòÛ¿½¸³·´»­¬±²» ·¼»²¬·º·»¼·²¬¸»¿¬¬¿½¸»¼­½¸»¼«´»³«­¬¾»¿½¸·»ª»¼«²´»­­­°»½·º·½½¸¿²¹»­¿®»¿°°®±ª»¼¾§ ¬¸»ß·®°±®¬òͬ¿ºº©·´´·²·¬·¿¬»¬»®³·²¿¬·±²°®±½»¼«®»­·³³»¼·¿¬»´§«°±²º¿·´«®»¬±¿½¸·»ª»»¿½¸ ³·´»­¬±²»±²¬¸»¿°°®±ª»¼­½¸»¼«´»«²´»­­¬¸»³·´»­¬±²»¼¿¬»¸¿­¾»»²°®»ª·±«­´§»¨¬»²¼»¼ ¾§¬¸»¿º±®»³»²¬·±²»¼¿½¬·±²ò DZ«³¿§½±²¬¿½¬¬¸»Ü»²¬±²ß·®°±®¬Ó¿²¿¹»®·º§±«²»»¼¿¼¼·¬·±²¿´·²º±®³¿¬·±²®»¹¿®¼·²¹¬¸·­ ´»¿­»¬»®³·²¿¬·±²»¨¬»²­·±²ò Í·²½»®»´§ô Ï«»²¬·²Ø·¨ ß·®°±®¬Ó¿²¿¹»® ݽæÓ¿®µÒ»´­±²ôÜ·®»½¬±®±ºÌ®¿²­°±®¬¿¬·±² Ù»±®¹»Ý¿³°¾»´´ôÝ·¬§Ó¿²¿¹»® ß²·¬¿Þ«®¹»­­ôÝ·¬§ß¬¬±®²»§ ß²¼®»¿Í«³²»®ôß·®°±®¬Ñ°»®¿¬·±²­Ý±±®¼·²¿¬±® ÛÈØ×Þ×Ìî Exhibit 3 5000 AIRPORT RD •DENTON, TEXAS 76207 •(940)349-773 •FAX (940) 349-7289 DENTON MUNICIPAL AIRPORT July 29, 2009 Charles Jones NTDenton Leasing, Inc. 6901 Redbud Drive Flower Mound, Texas 75022 Re: Lease Termination Extension CERTIFIED LETTER NUMBER-7002 0860 0008 6128 1298 RETURN RECEIPT REQUESTED Dear Mr. Jones: This letter will confirm an extension of the lease termination notice received by NTDenton Leasing, Inc. on July 1, 2009 via registered letter #7005 3110 0003 0516 1988. Termination of the Commercial Airport Operator Lease Agreement between NTDenton Leasing, Inc. and the City of Denton dated June 21, 2005 is extended until the City Council acts to accept the termination. The City Council meeting at which this action will be considered is scheduled for September 1, 2009 at 7:00 PM. You may contact the Denton Airport Manager if you need additional information regarding this lease termination extension. Sincerely, Quentin Hix Airport Manager cc: Mark Nelson, Director of Transportation George Campbell, City Manager Anita Burgess, City Attorney Andrea Sumner, Airport Operations Coordinator EXHIBIT 3 “Dedicated to Quality Service” www.cityofdenton.com Exhibit 4 ÒÌÜ»²¬±²Ô»¿­·²¹Ü»ª»´±°³»²¬Ý±®®»­°±²¼»²½»ñØ·­¬±® § Í»°¬»³¾»®íôîððç Ü¿¬»Ú®±³Ì±Ð«®°±­»Ý±³³»²¬­ Ö«²»îïôîððë²ñ¿²ñ¿Ý±«²½·´¿°°®±ª»¼Ñ®¼·²¿²½»îððëïêç¹®¿²¬·²¹Ð®·±®¬±¿°°®±ª¿´±º¬¸·­´»¿­»¿¹®»»³»²¬ô¬»²¿²¬ ¿´»¿­»¿¬ìêððÍ°¿®¬¿²Ü®·ª»¬±ÒÌÜ»²¬±²´»¿­·²¹å®»¯«»­¬»¼¬¸»Ý·¬§¬±´»¿­»¿´¿®¹»¬®¿½¬¿¬¿ Ô»¿­»¬»®³­®»¯«·®»½±³³»²½»³»²¬±º®»¼«½»¼®¿¬»±®´»¿­»½®»¼·¬ò̸»´»¿­»½®»¼·¬©¿­ ½±²­¬®«½¬·±²©·¬¸·²îé𼿧­øÓ¿®½¸îèôîððê÷¿²¼®»¯«»­¬»¼¬±±ºº­»¬¬»²¿²¬ù­½±­¬¬±»¨¬»²¼ ½±³°´»¬·±²±º½±²­¬®«½¬·±²©·¬¸·²éî𼿧­·²º®¿­¬®«½¬«®»òß·®°±®¬¼·­½±²¬·²«»¼¬¸¿¬°®¿½¬·½» øÖ«²»ïïôîððé÷ò°®·±®¬±îððëò Ö«´§îëôîððêÌ·³É¸·¬³¿²Ý¸«½µÖ±²»­Ý»®¬·º·»¼´»¬¬»®²±¬·º§·²¹ÒÌÜ»²¬±²´»¿­·²¹¬±Ð«´´·²¹¿°»®³·¬·²¼·½¿¬»­­¬¿®¬±º½±²­¬®«½¬·±²ò ¾»¹·²½±²­¬®«½¬·±²©·¬¸·²í𼿧­øß«¹«­¬îìôîððê÷ ±®´»¿­»¬»®³·²¿¬·±²©±«´¼½±³³»²½»ò 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°®±±º±ºº«²¼·²¹ò¼·­½«­­¬¸»­¬¿¬«­±º¸·­´»¿­»òß­±ºçñíñðçô²±½±²¬¿½¬ ¸¿­¾»»²³¿¼»©·¬¸Ö±¸²Õ²·¹¸¬¿²¼²±°®±±º±º º«²¼·²¹¸¿­¾»»²°®±ª·¼»¼¬±¬¸»Ý·¬§ò Exhibit 5 DRAFT MINUTES 1 AIRPORT ADVISORY BOARD 2 September 8, 2009 3 4 5After determining that a quorum was present, the Airport Advisory Board convened for a 6Regular Meeting on Tuesday, September 8, 2009 at 12:14 p.m. in the Denton Airport Terminal 7Building at the Denton Airport at 5000 Airport Road, Denton, Texas. 8 BOARD MEMBERS PRESENT 9: Chairman, Dr. Smith, Mr. Brewer, Mr. Brown, Mr. Clark, 10Mr. Fykes and Mr. Scholfield. 11 BOARD MEMBERS ABSENT 12:Mr. Pugh excused absent. 13 STAFF MEMBERS PRESENT 14: Andrea Sumner, Operations Coordinator. 15 PUBLIC PRESENT: 16 Jeff Soules, USAG. 17 18I.Pledge of Allegiance to the US Flag 19 20II.Public Meeting 21 22 No public comments were made at this time. 23 24III.Receive a report hold a discussion and consider an ordinance terminating an Airport 25lease dated June 21, 2005 between the City of Denton, Texas and NTDenton Leasing, 26Inc. 27 28Mrs. Sumner presented the information regarding the termination of the lease with 29NTDenton Leasing, Inc. The lease went into effect on June 21, 2005 and the 30construction for the hangar was required to be finished on June 11, 2007. 31 32Over the course of this lease, City staff has given multiple extensions and variances. 33NTDenton Leasing previously supplied a construction schedule to complete the 34hangar by August 25, 2009. During the course of this schedule, NTDenton Leasing 35has not completed the stated milestones and has not completed the hangar. They also 36have not provided the requested information on financial support. 37 38On June 26, 2009 Airport Staff sent a certified letter to NTDenton Leasing, Inc. 39indicating the lease would be terminated. Mr. Jones received this letter on July 1, 402009. 41 42City staff has notified NTDenton Leasing multiple times that they need to provide 43proof of financing and an updated schedule to prevent the termination of this lease. As 44of September 8, 2009, they have not provided financial documentation and the 45construction is not complete. 46 Airport Advisory Board Draft Minutes September 8, 2009 PAGE 2 1 Board members asked a few questions about what happens after the termination goes 2 into effect. After termination, the leased property reverts back to the City. 3 4 Mr. Brewer made a motion to recommend the termination of the lease with NTDenton 5 Leasing, Inc. Mr. Fykes seconded the motion. 6 7 Mr. Schofield stated that Mr. Jones is aware of the termination proceedings and is not 8 present today to sway the Board against termination. After several requests for 9 financial documentation, Mr. Jones has repeatedly not complied. 10 Motion carried 6-0 11 . 12 13 IV. Adjournment 14 15 12:31 p.m.                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of an ordinance of the City of Denton, Texas, amending the Fiscal Year 2008- 2009 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Risk Retention Fund of four hundred thousand dollars ($400,000) to provide for additional appropriations related to litigation; declaring a municipal purpose, providing a severability clause; providing for an open meetings clause; and providing an effective date. BACKGROUND Two expenditure components within the Risk Retention Fund budget include costs for paying liability claims against the City and attorney fees associated with litigation. In Fiscal Year (FY) 2008-09, the City budgeted $150,000 in liability claims and $175,000 for attorney fees for litigation in the Risk Retention Fund. These budgeted amounts were established from anticipated levels of activity within the litigation and claims categories. In FY 2008-09, two significant claims against the City with a combined total of $254,994, has caused this expenditure line item to reach the budgeted capacity. A detailed list of claims paid through the Risk Retention Fund is provided in Attachment A. In addition to the unanticipated increase in expenditures for liability claims, attorney expenses are also anticipated to exceed the budgeted amount. A large portion of the attorney expenses are related to the Johnson vs. City of Denton claim ($116,166) where the City is being sued by a Fire Department applicant who alleges he was not hired because of his race. In addition, $33,505 has been spent in defense of the Chi Alpha vs. City of Denton claim and $41,978 was spent in defense of the Clifton vs. City of Denton claim. A detailed list of litigation expenses paid through the Risk Retention Fund is provided in Attachment B. This budget amendment will allow the Risk Retention Fund additional expenditure appropriations to provide for these costs. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) None Agenda Information Sheet September 15, 2009 Page 2 FISCAL INFORMATION The Risk Retention Fund expenditure appropriations will be increased by $400,000. EXHIBITS 1. Attachments of Expenditures 2. Ordinance Respectfully submitted: Bryan Langley Director of Finance                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009 DEPARTMENT: Finance Department ACM: Jon Fortune SUBJECT Consider adoption of an ordinance approving a Fifth Amended Agreement Greater Denton Arts Council to the Agreement originally entered into by and between the City of Denton, Texas and the Greater Denton Arts Council, dated October 15, 1990; authorizing the City Manager to execute the Fifth Amended Agreement-Greater Denton Arts Council; approving the expenditure of funds therefor; and providing for an effective date (authorized annual expenditure of $93,000 for FY 2009-2010). BACKGROUND The City of Denton was informed that the Campus Theater is expanding its operations to include an estimated 3,800 square foot space in the Denton Record Chronicle (DRC) building, while continuing to occupy the estimated 12,000 square foot Campus Theatre facility on Hickory Street. Denton Community Theatre representatives approached the City of Denton and requested that the City extend the utilities and maintenance funding to the new facility. On June 16, 2009, staff received direction from City Council to proceed and provide funding for utilities to the newly leased Campus Theatre facility in the DRC building. As part of this discussion, staff also received direction to amend the separate existing contracts, and to streamline the administration of the current agreements with the Greater Denton Arts Council (GDAC) regarding the Campus Theatre (located at 214 W. Hickory) and the Center for Visual Arts (CVA). As such, staff is proposing 1) a mutually agreed upon fixed annual funding amount for the stated facilities, and 2) amendments to the previous contracts to improve the administration of funds and to reduce both City and GDAC staff time devoted to reconciling the GDAC accounts. Proposed Terms of Agreement City of Denton staff and GDAC representatives met on August 11, 2009, and August 31, 2009, to discuss the format and terms of an amended agreement. 1) Condense the two (2) separate contracts and associated amendments with GDAC governing the Campus Theatre and CVA properties to one (1) contract. 2) The City of Denton will provide a sum of $75,000 to be paid to GDAC, which will be used by the Campus Theatre and CVA for drainage, electric, gas, solid waste, water, and wastewater. The amount is determined based on the previous five- Agenda Information Sheet September 15, 2009 Page 2 3) The City of Denton will provide an additional sum of $15,000 to be paid to GDAC, which will be used by Campus Theatre and CVA for maintenance and janitorial services. The City will pay GDAC the maintenance/janitorial on October 1, at the beginning of the fiscal year. The City will continue to provide maintenance services to the CVA facility, as provided for in previous agreements. 4) The City of Denton will provide an additional sum of $3,000 to be paid to GDAC, which will be used by the Campus Theatre for payment of its gas utilities at the 214 E. Hickory facility. Gas utilities are to be directly paid by GDAC to the vendor, Atmos Energy. 5) Any utilities amount unused by the Campus Theatre and/or CVA will be reimbursed to the respective entities at the end of the fiscal year. 6) Remove requirements for maximum annual usage (e.g. kilowatt hours, gallons of water, etc.). 7) Change the payment method. The City will create an account from which to draw down payment of the CVA and Campus Theatre utilities (excluding gas) on a monthly basis. 8) Utility bills will be sent to the City of Denton. The City will then send a mont 9) This proposed agreement expires on September 30, 2015. The first year annual authorized amount is proposed to be $93,000. There are three triggers contained in the agreement that permit Council reconsideration. One, if City utilities are higher than two percent (2%) use any of its facilities for the purposes provided in the previous agreements, or if some of the premises are vacant, or if GDAC divests itself of ownership. If none of these three events occurs between the present and September 30, 2015, then the annual authorized amount remains at $93,000 per fiscal year until termination of the agreement. The proposed terms outlined above have been agreed to in principle by GDAC representatives. However, the amended contract has not yet been approved by the GDAC Board of Directors since they meet only once per month. It is anticipated that the GDAC Board will approve the contract at their meeting in late September. PRIOR ACTION/REVIEW Regarding agreements with GDAC, governing the Campus Theatre facility and Center for the Visual Arts: September 1, 1981 Original CVA lease agreement between City of Denton and GDAC. October 2, 1990 Ordinance 90-151 Original Campus Theatre agreement between City of Denton and GDAC. August 2, 1991 Ordinance 91-134 First Amendment approved by City Council, amended units of measure and annual consumption of gas. January 21, 1997 Ordinance 97-023 Second Amendment approved by City Council, amended maximum units to reflect actual usage. Agenda Information Sheet September 15, 2009 Page 3 September 5, 2000 Ordinance 2000-285 Third Amendment approved by City Council, added the requirements of annual review and reconciliation, three-year updates to the maximum units, efficiency audits, and modified calculation criteria. July 19, 2005 Ordinance 2005-190 Fourth Amendment approved by City Council, updated annual consumption projections. September 1, 2006 Extension of CVA lease agreement between the City of Denton and GDAC. June 16, 2009 City Council received a presentation on the agreement history between GDAC and the City. Council directed staff to proceed with amending the contract regarding the Campus Theatre and CVA. FISCAL INFORMATION Total annual contract recommendation for FY 2009-2010 is $93,000. This amount is based upon the median costs to the City of Denton over the last five fiscal years. 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AGENDA DATE: September 15, 2009 DEPARTMENT: Finance Department CM/ ACM: Jon Fortune SUBJECT Consider adoption of an ordinance approving an Agreement-Denton Community Theatre by and between the City of Denton, Texas and the Denton Community Theatre, a Texas non-profit corporation; authorizing the City Manager to execute the Agreement – Denton Community Theatre; approving the expenditure of funds therefor; and providing for an effective date (authorized expenditure of $8,000 for FY 2009-2010). BACKGROUND The City of Denton has been informed that the Campus Theater is expanding its operations to include an estimated 3,800 square foot space in the Denton Record Chronicle (DRC) Building, through a lease contract between the Denton Community Theatre (DCT) and the DRC, while continuing to occupy the estimated 12,000 square foot Campus Theater facility on Hickory Street. Denton Community Theatre representatives approached the City of Denton and requested that the City extend the utilities and maintenance funding to the new facility. On June 16, 2009, staff received direction from City Council to proceed and provide funding for utilities to the newly leased Campus Theatre facility in the DRC building. City of Denton staff is proposing to extend funding to the Denton Community Theatre to provide for the new facility, in the amount of $8,000. This amount comprises $7,000 for utilities, and $1,000 for janitorial services. The amount proposed is a mutually agreed upon fixed annual funding amount for the new facility, which will be paid to the DCT on October 1 of the fiscal year. The term of the agreement is October 1, 2009, through September 30, 2015. Proposed Terms of Agreement City of Denton staff and DCT representatives met on August 11, 2009, to discuss the format and terms of an agreement. The proposed terms outlined below have been agreed to by the involved parties. 1)The City of Denton will provide a sum of $8,000 to be paid to DCT, which will be used by the Campus Theatre for utilities, including drainage, electric, gas, solid waste, water, and wastewater, and janitorial service at the DRC facility. The City will pay DCT this amount on October 1, at the beginning of the fiscal year. 2)This proposed agreement expires on September 30, 2015. The first year annual authorized amount is proposed to be $8,000. Agenda Information Sheet September 15, 2009 Page 2 3)If the Campus Theatre ceases to use the DRC facility for the purposes provided in the previous agreements, or if the premises become vacant, or if DCT divests itself of ownership, the City Council can reconsider the agreement. PRIOR ACTION/REVIEW On June 16, 2009, City Council received a presentation on this issue. Council directed staff to proceed with providing funding to the Campus Theatre/Denton Community Theatre for the new DRC facility. FISCAL INFORMATION Total annual contract recommendation for FY 2009-2010 is $8,000. This amount is based upon the median cost per square foot that has been paid by the DRC over the past five fiscal years. Respectfully submitted: Bryan Langley Director of Finance Prepared by: Lindsey Baker Assistant to the City Manager AGENDA INFORMATION SHEET AGENDA DATE: September 9, 2009 DEPARTMENT: City Manager’s Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas, adopting a City logo to be used as the official logo of the City of Denton; prohibiting the use of the official City logo by any person, firm, corporation, or organization, other than the City of Denton, without written approval of the City Manager or his designee; providing for a penalty not to exceed five hundred dollars for each day of violation; providing for a repealer clause; providing for a severability clause. BACKGROUND: We have been using the current version of our City logo since 1999. When the logo was designed, it was designed with visual esthetics in mind and not reproduction or print capabilities. Certain elements of the design complicate reproduction, making it expensive and the end product inconsistent. By implementing this “simplified” version of the logo, we will be able to standardize the use of the logo and maintain a consistent brand. This will also help the organization save money in printing costs. RECOMMENDATIONS: We recommend that the City Council pass this ordinance adopting the “simplified” version of the City of Denton logo. PRIOR ACTION/REVIEW (Council, Boards, Commission): On April 19, 1994, the City Council enacted Ordinance No. 94-074, which adopted an official Logo to be used on all official City of Denton materials, equipment, and supplies; and thereafter, on January 9, 1996 the City Council enacted Ordinance No 96-011 amending Ordinance No 94- 074 and on November 16, 1999, enacted Ordinance No 99-425 amending Ordinance No 94-425 in several respects. The current proposed revision of the ordinance, which features the “simplified” version of the logo, has been presented to Leadership team and has been approved by the City of Denton’s Legal Department. The “simplified” version of the City of Denton logo has gone through peer review and Leadership Team review to everyone’s satisfaction. FISCAL INFORMATION: The ordinance will have no immediate fiscal impact as materials and supplies with the old logo will be used before items with the new, revised logo will be purchased. Respectfully submitted: Betty Williams Director of Management & Public Prepared by: ________________________________ Kiersten Dieterle Public Communications Manager                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ CITY OF DENTON CITY COUNCIL MINUTES August 3, 2009 After determining that a quorum was present, the City Council convened in a Joint Work Session of the City of Denton City Council and the Planning and Zoning Commission on Monday, August 3, 2009 at 11:30 a.m. in the Facilities Management Training Room, 869 S. Woodrow Lane, Denton, Texas. COUNCIL PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Gregory, Heggins, Mulroy, and Watts. COUNCIL ABSENT: Council Member Engelbrecht P & Z PRESENT: Commissioners Lyke, King, Ryan and Schaake. P &Z ABSENT: Commissioners Eagleton, Thomas and Watkins 1.The Council and Commissioners received a report and held a discussion regarding a variety of topics including but not limited to a status report of the November 3, 2008 joint meeting, Planning & Development Department accomplishments, revisions to development review process, Planning & Development Department programs, project updates including but not limited to infill, certificate of occupancy process, proportionality assessment process, and tree preservation and mitigation code update Mark Cunningham, Director of Planning and Development, stated that the meeting agenda would consider a status report of the November 3, 2008 joint meeting, Planning and Development Department accomplishments, revisions to Development Review process, Planning and Development Department programs, project updates and future projects. Status Report of November 3, 2008 joint meeting Process Improvements - Reduction of the project intake processing time, the creation of a customer service area, applicant/owner attendance at the DRC meetings, relocation of the DRC meetings, the creation of an ombudsman position, the creation of a development review engineering administrator and the reorganization of duties and responsibilities. The Developer’s luncheons were still on-going with monthly meetings. Code Enforcement Division Accomplishments - Passage of the Property Maintenance Code was a major accomplishment for the Code Enforcement Division. In terms of departmental reorganization, three code enforcement positions were added; a standardized staff orientation and in-depth officer training program for code enforcement officers was established; a Substandard Structures Program was created; a demolition contractor and trash and debris contractor were hired; a policy and procedures manual was developed and regularly updated; smaller specialized programs such as a Home Daycare Education and Enforcement Program, Mobile Home Park Enforcement Program, and ROW signage removal programs were created; the TrakIT software program was improved; electronic notices and citations were developed; and new performance measures were developed. Community Development Division Accomplishments - administered the HOME funds awarded to the Denton Affordable Housing Corporation; provided assistance to 34 very-low income households under the Minor Repair Program; provided down payment, closing costs and/or gap assistance to 18 households under the Homebuyer Assistance Program; assisted three households City of Denton City Council Minutes August 3, 2009 Page 2 with the rehabilitation or reconstruction of their homes under the Home improvement Program; worked with Engineering to complete various street and sewer improvements; assisted various agencies with public improvements; and administered the CDBG and General Funds awarded to 16 social service agencies. Building Inspections Division Accomplishments - installed computers in the building inspector trucks; organized a central plan storage area; created a central file room; adopted the 2006 International Building Codes; had two additional Certified Building Official Certifications; two new Master Code Professional Certifications; and 44 FEMA Incident Command System Courses. Planning Division Accomplishments- Accomplishments for this division included a departmental re-organization creating a development review administrator/development review committee ombudsman position; a restructure of the development review process; hiring a neighborhood planner; initiated several development code amendments to create a more effective document; formalized the development review process; accept new project submissions daily versus bi- weekly; established mandatory pre-applications for all submissions to walk developers through the stages of the development review process; and council approval of the Master Planned Communities. Revisions to Development Review Process included the pre-application process and the submission dates. The pre-application process allowed developers to discuss a potential project and receive feedback from the Development Review Committee. The fee paid for the pre- application process was applied to the project once the development was started. This was a mandatory process for new developments. The developer received a pre-application process time line and schedules. Minutes were taken at these meetings and included in the files of the development. A sample time line for a development, showing the dates/times a developer would follow with a project was reviewed. Mayor Burroughs questioned re-submittals and the time to process them. At times it seemed that minor changes took a long time to get approved. Brian Lockley, Development Review Committee Administrator, stated that staff now contacted the developer to work through those issues and worked with the developer to get those completed in a more timely manner. He stated that staff wanted to give the developer as much flexibility as possible but there was a need to balance the process with what was supplied by the developer. Council Member Gregory asked how Denton compared with other cities in terms of development process time. Cunningham stated that the best practice was 120 days but the Denton’s process was less than 120 days. Staff wanted efficiency and effectiveness at the same time. They wanted it done quickly but wanted it done right. City of Denton City Council Minutes August 3, 2009 Page 3 Mayor Burroughs felt that the pre-application process could easily be shifted into a prescreening process. The current pre-application process could be seen as a road block process rather than a speed up process. He was uncertain if this was a help or a hindrance to developers. He questioned if seasoned developers needed to go through the pre-application process and why the City would want to force assistance on someone who might not need it and would not cut short the process time. Cunningham stated that the mandatory process was a result of a directive from the prior joint meeting. It was correct that some developers going through the process might be held back but others found it very helpful in terms of avoiding obstacles they otherwise might have encountered. Council Member Mulroy stated that prior applicants had a problem with not knowing what was expected of them. There also was no internal process at that time assist with the development process. Council Member Watts stated that a developer who went through the pre-application process with no problems did not necessarily shorten the application time but the City’s codes were always changing. Going through this process took care of problems in the beginning rather than having to find out at the re-submittal phase. Commissioner Lyke felt that part of the process might be economy driven. She stated that it was a unanimous decision at the prior joint meeting to make the pre-application process mandatory as a way for a developer to find out what was needed before getting too far into a project. Mayor Burroughs felt that the process was efficient as an alternative but he was not sure about making it mandatory. He suggested considering an alternative track; one without the mandatory process. Council Member Mulroy asked if the 10 day time line could be shorter. Lockley stated that staff needed to have time to review the entire project to be sure nothing would slip in at the last minute. Council Member Mulroy asked if the 10 days in the front end of the process was effective. Cunningham felt it was very worthwhile but that it did add to the time of the development process. Mayor Burroughs suggested staff might develop some type of fast track alternatives for the developers. Council Member Mulroy asked about developer’s comments on the pre-application experience. Lockley stated that the overall feedback was positive and that it brought to light some issues to the developers that they did not know about. Staff would look at further at the process with the developer’s committee. City of Denton City Council Minutes August 3, 2009 Page 4 Council Member Mulroy suggested working with the developers committee to suggest some criteria to waive the pre-application process. Those suggestions would then be brought back to Planning &Zoning Commission and Council for consideration. Neighborhood Planning – Katia Boykin, Senior Planner, stated that neighborhood planning was a collaboration effort between community residents, businesses, and local government acting cohesively for the well-being and sustainability of its foundation - the neighborhood. It was planning from the foundation outward. Guiding principles included (1) understand that people were the most valuable resource, (2) achieve community cohesiveness and consensus, (3) identify neighborhood priorities, (4) establish short and long term goals, (5) create asset building initiatives, (6) assist neighborhoods in the governmental processes, (7) attract investments to targeted neighborhoods, (8) coordinate efforts between the community, government, non-profit, and private partners. Essential elements for healthy neighborhoods included civic empowerment, physical aesthetics, social stability and economic vitality. Program initiatives involved a demonstrative initiative, engagement initiative, and community planning initiative. Neighborhood goals for 2009-2011 included community development leadership and quality of life strategies. Mayor Burroughs noted that small area plans were not mentioned. Boykin stated that the new terminology was now quality of life plans instead of small area plans. Staff was working on a neighborhood registry program to help with neighborhood issues. Commissioner Lyke asked for a time line for revisiting small area plans as a fresh start was needed. Boykin stated that she was talking with city staff to see what had been done with the plans already completed. Chuck Russell, Planning Supervisor, presented updates on the tree code amendments, tree fund, eCognition, and CITYgreen. The current tree code was adopted in 2004. At the time it was adopted, Council directed staff to develop a citizen’s advisory committee to see how the code was working. Staff was going to start a comprehensive rewrite on the ordinance. A key question was if the city was promoting a tree canopy percentage. The current tree fund balance was $634,000. eCognition and CITYgreen were programs staff was looking at for future use. Staff was recommending that the Planning and Zoning Commission act as the recommended tree committee. The City also needed to consider the purchase of treed areas in order to protect them. Mayor Burroughs stated that key elements from the citizen’s tree committee was to hire an arborist, training of Code Enforcement officers on the issues and establishing a citizens committee to identify stands of trees that needed to be saved. That committee could advise the Environmental Committee regarding saving those tree standards. Commissioner Schaake felt that the Council needed to initiate such a committee and tie it in with neighborhood groups. Council Member Mulroy asked that a work session be scheduled in the near future on this issue. City of Denton City Council Minutes August 3, 2009 Page 5 PS Arora, Division Manager, presented an overview of the proportionality assessment process. This applied to perimeter street improvements, right-of-way dedication, easements, sidewalks, water and wastewater line extensions, drainage facilities, and development fees. Proportionality involved what type of impact a new development would have on the existing infrastructure. Commissioners Schaake and James left the meeting. Cunningham stated that future planning projects included (1) a planned development process, (2) parking, (3) in-fill/minor development, (4) signage, (5) certificate of occupancy and (6) the Downtown Implementation plan, With no further business, the meeting was adjourned at 1:45 p.m. ___________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 4, 2009 After determining that a quorum was present, the City Council convened in a Work Session on . Tuesday, August 4, 2009 at 4:00 p.m in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Council Members Engelbrecht, Gregory, Heggins, Mulroy, and Watts. ABSENT: Mayor Pro Tem Kamp 1.Staff responded to requests for clarification of agenda items listed on the agenda for August 4, 2009. Council Member Watts asked about a procedural question. Individual Items B and C were considered at the last council meeting under public hearings and those hearings were closed. Both items were tabled during discussion. He questioned why the items were not continued under public hearings rather than individual items. City Attorney Burgess stated that during a public hearing Council had the discretion with regards to leaving it open or closing the public hearing. In both cases the public hearings were closed. It was within the council procedures to allow further comment. Mayor Burroughs asked if the public hearings were left open, would they have to be re- advertised. City Attorney Burgess replied not if the public hearings were continued. Council Member Watts stated that the difference in whether the agenda item was under Public Hearings or Individual Items was whether the public hearing had or had not been closed or remained open. If closed, it could not be put under public hearings. City Attorney Burgess replied correct. Mayor Burroughs stated that a speaker at a public hearing could speak again under Individual Items. City Attorney Burgess replied correct. 2.Council received a briefing, held a discussion and gave staff direction on the proposed amendment to 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 (DDC) for the City of Denton, Texas, for filing applications for review, approval, and issuance of Specific Use Permits (SUPs) for home occupations that require the approval of a SUP, adult day care, in-home child day care as a commercial use, group homes, accessory dwelling units, and any development within the In-fill Special Purpose District that require the approval of a SUP; providing a severability clause; providing for publication; and providing for an effective date. Mark Cunningham, Director of Planning and Development, stated that staff was proposing an amendment to the fee schedule relative to specific use permits. The City currently charged one fee for a specific use permit regardless of the size or complexity of the project. Staff felt that there were some specific use permits that would benefit from a lower fee such as home City of Denton City Council Minutes August 4, 2009 Page 2 occupations, adult day care, childcare, group homes, accessory dwelling units and any in-fill special purpose district. A flat fee of $500 for the uses mentioned was proposed. The fee would be adequate for review and public notification for the uses recommended. This reduction in the fee would not have a fiscal impact if Council decided to grant the reduction of the fee. Consensus of the Council was to proceed with the proposed fee. 3.The Council received a briefing, held a discussion, and gave staff direction on a proposed professional services agreement with the firm Jacobs, Inc. to provide planning, architectural design, and engineering services in association with the development of the Downtown Implementation Plan. Brian Lockley, Development Review Committee Administrator, stated that the City was negotiating with Jacobs, Inc. to provide the implementation plan for the downtown area. Council Member Mulroy stated that part of the overall plan was to encourage high density downtown development plus transportation. If higher density was going to be considered, Quakertown Park should be included as an amenity to the residents of downtown. That should be included in the evaluation. Lockley stated that elements of open spaces and linkages would be included in the planning. Council Member Engelbrecht suggested including TWU in addition to UNT in the discussion about bicycles and bike lanes. Mayor Pro Tem Kamp joined the meeting. Mayor Burroughs stated that the arts and entertainment district would be an important facet of the study and recommendations. Lockley stated that it would serve as a link between the rail station and the downtown area. Where the transit planning ended, the downtown implementation plan would pick up. Staff was currently working on the bid and time frame to bring the contract back within the next several council meetings so the project could move forward. The Downtown Task Force proposed to serve as the steering committee for the project. Once the contract was finalized more sharing of the public participation process would take place. Rick Leisner, Jacobs, Inc., presented the details of the proposal. He stated that the project approach included a wide set of events for community input. The Project Team met monthly with the Downtown Task Force which would become the Downtown Implementation Plan Steering Committee. Community input included stakeholder interviews, Downtown Implementation Plan Steering Committee meetings, City Council presentations, Planning and Zoning Commission presentation and public hearings. The project schedule involved four stages and the project approach was a series of steps to establish core goals. Phase One involved mapping and understanding of the area, stakeholder interviews and draft goals and objectives statement. Phase Two involved assessment and analysis of physical conditions plus fiscal conditions for the area. Phase Three involved vision and recommendation - downtown elements and metrics involving future land use, parking regulations, street cross sections, parks and open City of Denton City Council Minutes August 4, 2009 Page 3 spaces, architectural design guidelines and draft implementation strategy. Phase Four involved final comprehensive recommendations, a draft report, a set of public presentations and final report and implementation strategy. Issues/Opportunities/Challenges - the downtown implementation plan needed to be based on assets in the area, parking strategy with an assessment of needs with transit, shared parking strategy, surface and structured parking, economic feasibility options and strategy. Future land uses and development typologies - residential housing needs, mixed use, creative class, knowledge-based businesses, arts and entertainment community. Streets and linkages - built as much for pedestrians as well as vehicles. This went hand in hand with the parking strategy. Placemaking - incorporation of public art, pedestrian friendly streetscape, mixture of activities, parks and plazas, need for shade. Architectural guidelines - building facades, massing, windows at ground floor, articulations of building entries, and more. Parks and open space - Courthouse Square, downtown parks, rail connection and greenway standards. Codes and policy - form based code, pattern book, design guidelines, and implementation strategy. Economic Implementation strategy- there were four big trends impacting future development that were both urban and suburban and included (1) demographic shifts, (2) changing consumer preferences (3) smaller, denser, greener, and (4) most desirable locations would be close to jobs, walkable and transit accessible. An issue to overcome was the perception of living and building downtown. Council Member Watts asked about a timeline for the plan. Leisner stated that it would take 7-71/2 months to develop the plan. Consensus of the Council was to proceed with the plan as presented. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:00 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A. Deliberations regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code, Section 551.086; Consultation with Attorneys – Under Texas Government Code, Section 551.071. 1. Discussed and deliberated the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled Ex Parte Texas Municipal Power th Agency,Cause No. D-1-GN-08-003426, pending in the 126 Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas st Municipal Power Agency – II, Cause No.D-1-GN-08-003693, in the 261 Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency,Plaintiff v. City of Bryan, Texas,Defendant, City of Denton City Council Minutes August 4, 2009 Page 4 Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now th pending in the 506 Judicial District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. 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. Kamp motioned, Heggins seconded to consider this item as a public power exception. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. B. Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Discussed, deliberated and received information from staff and provided staff with direction pertaining to the grant of an easement for the construction, maintenance and operation of a rail line within the Denton Rail Corridor to the Denton County Transportation Authority (DCTA), the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said easement above described where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. C. Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Considered and discussed status, including potential settlement, 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. Received a legal briefing from the City’s attorneys and discussed legal issues regarding the request for a Specific Use Permit to allow for gas well drilling and production on property located within Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood City of Denton City Council Minutes August 4, 2009 Page 5 Residential Mixed Use (NRMU), the approximately 3 acre site located on the west side of Bonnie Brae Street, north of Scripture Street. Regular Meeting of the City of Denton City Council on Tuesday, August 4, 2009 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/AWARDS 1.Texas Public Power Association’s presentation of the System Achievement Award to DME and Industry Achievement Award. This item was not considered. 2.Texas Municipal Library Directors Association Achievement in Excellence Award. Steve Brown, TML, presented the Texas Municipal Library Directors Association Achievement in Excellence Award to the City of Denton and its libraries. 3. CONSENT AGENDA Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. A.R2009-019 - A resolution of the City of Denton, Texas approving a revised city policy regulating Equal Employment Opportunities for the City of Denton employees; and declaring an effective date. B.R2009-020 - A resolution of the City of Denton, Texas approving a revised city policy regulating Disciplinary Actions for the City of Denton employees; and declaring an effective date. C.R2009-021 - A resolution of the City of Denton, Texas approving a revised city policy regulating Disciplinary Appeals for the City of Denton employees; and declaring an effective date. D.R2009-022 - A resolution of the City of Denton, Texas approving a revised city policy regulating the Introductory Period for the City of Denton employees; and declaring an effective date. E.2009-170 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Supplemental Engagement Letter City of Denton City Council Minutes August 4, 2009 Page 6 Agreement with Burford & Ryburn, LLP for professional legal services relating to the eminent domain assignments for West 380 (University Drive) Project; authorizing the expenditure of funds therefor; and providing an effective date. F.Approved a request for an exception to the noise ordinance for the purpose of the Denton Celtic Festival, sponsored by the Celtic Cultural Association of Texas. The event will be held at the North Texas State Fairgrounds located at 2217 N. Carroll Blvd. The Denton Celtic Festival begins Saturday, September 12, 2009, at 10:00 a.m. and concludes at 11:00 p.m. The exception is specifically requested for extension of the hours of operation for amplified sound and for an increase in decibels for an outdoor concert from 70 to 75. G.Approved a request for an exception to the noise ordinance for the purpose of performing live music during the Glory of Zion International Ministries conference and celebration. The four day Head of the Year Conference will be held from Thursday, September 17, 2009, through Sunday, September 20, 2009, on the church property located at the corner of Windsor Drive and I-35N. The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 dBs and for amplified sound on Sunday from 8:00 a.m. – 1:00 p.m. H.2009-171 - An ordinance accepting competitive bids and awarding a three year contract for directional boring services for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4266– Three Year Contract for Directional Boring awarded to the lowest responsible bidder Gardner Telecommunications, Inc. in the annual estimated amount of $350,000). The Public Utilities Board recommended approval (4-0). I.2009-172 - An ordinance accepting competitive bids and awarding a public works contract for the construction of Briercliff Park improvements; providing for the expenditure of funds therefor; and providing an effective date (Bid 4311–awarded to the lowest responsible bidder meeting specification, Jones and Jeffery Construction Company, Inc. in the amount of $431,058.85). J.2009-173 - An ordinance approving an easement for pipeline right-of-way by and between the City of Denton, as a grantee and the Department of the Army (Corps of Engineers), as grantor relating to location of a city sanitary sewer line within lands of the United States of America, Outgrant No. DACW63-2-09-0655, Lewisville Lake, Texas, being situated in the Gideon Walker Survey, Abstract Number 1330, Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (Pecan Park Addition off-site sanitary sewer easement – 7300 block East McKinney Street) The Public Utilities Board recommended approval (4-0). K.2009-174 - An ordinance repealing Ordinance No. 2008-159 and amending Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas. City of Denton City Council Minutes August 4, 2009 Page 7 L.2009-175 - An ordinance partially abandoning and vacating a public access and fire lane easement from SR Denton 2181 LLC. to the City of Denton, recorded by County Clerk File Number 2008-72572 of the Real Property Records of Denton County, Texas; and declaring an effective date. M.2009-176 - An ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for the reconstruction of C. Wolfe Road from Highway 2449 North to the intersection with Tom Cole Road; and providing an effective date. The Airport Advisory Board recommended approval (7-0). The Mobility Committee recommended approval (3-0). N.2009-177 - An ordinance authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation Aviation Division to fund the $90,000 local share of a $1,800,000 grant project to construct a 1,500 ft extension of a taxiway in the southeast development area of Denton Airport. The Airport Advisory Board recommended approval (5-0). O.2009-178 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a second amendment to an Agreement for Professional Legal Services with Ford & Harrison, LLP for professional legal services relating to the plaintiff’s appeal of the final judgment issued in litigation styled David Johnson, individually and as class representative v. City of Denton Fire Department and City of Denton, Cause No. 4:07cv449, filed in the U.S. District Court, Eastern District, Sherman Division; authorizing the expenditure of funds therefor; and providing an effective date. 4. ITEMS FOR INDIVIDUAL CONSIDERATION Tabled A. – Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee (Tabled from March 3, 2009) recommends approval (3-0). This item remained on the table. Tabled B. - Consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow forty-six (46) attached and fifty-four (54) detached single family dwelling units on property located within a Neighborhood Residential 3 (NR-3) zoning district, the approximately 30.7 acres site being located at the southwest corner of Hinkle Drive and Windsor Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and effective date. (S09-0002) The Planning and Zoning AC Commission recommends denial (5-0). SUPERMAJORITY VOTE BY OUNCIL IS (Tabled from July 21, 2009) . REQUIRED FOR APPROVAL This item remained on the table. City of Denton City Council Minutes August 4, 2009 Page 8 Tabled C. - Consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow for gas well drilling and production on property located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site being located on the west side of Bonnie Brae Street, north of Scripture Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (S09-0006) (Tabled The Planning and Zoning Commission recommends approval (4-0). from July 21, 2009) Kamp motioned, Watts seconded to remove the item from the table. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Mayor Burroughs asked the applicant to come forward. David Poole, Range Production, stated that Range was very aware of the concerns expressed by the citizens in response to their proposed well site and respected their right to bring concerns before the Council. Range was proud of their track record for being a qualified oil and gas operator. They had a quality management team and he was here to tell the Council that they would live up to the letter and spirit of their obligations to City of Denton and citizens. From what he heard from the last meeting, the controversy centered on the location to drill the wells. Range was legally limited to this one location and did not have rights to use any other location. This site was contractually and legally limited. The surface estate dominated the mineral rights. The proposed site was a viable site and technically a good site for the gas company. Range had met all the requirements for a special use permit for wells on this site. Mayor Burroughs stated that originally there were four sites; the two southern sites were approved in the concept plan but not the northern sites. The southeastern site was a contractual site for Range and they were limited to that one site. He asked from Range’s point of view, could they access a southwest location and drill from there to accomplish their objectives. Poole replied that they could drill from further west including that southwest corner. It would be more difficult, but they could operate from that area of the surface. However, they did not have the right to do that and would require consent and approval of the surface owners. They currently were in litigation with the owner over the use of the southeast site. They were agreeable to move to the southwest corner but to do so they must have the cooperation from Allegiance. Mayor Burroughs asked if Range were granted additional time to allow for discussion with the surface owner, facilitated by the city, would they work on the possibility of moving the drill site. He questioned if that would affect Range’s ability to move forward or have other consequences. Poole replied that because they were in litigation over that site, he felt it would be necessary to have the SUP approved in order to have any type of meaningful dialog. He was willing to address the concerns expressed by the residents and by Council. City of Denton City Council Minutes August 4, 2009 Page 9 Mayor Burroughs asked if tabling the proposal to allow for vetting of another location would be harmful for Range. Poole replied that he believed because of the issue of whether or not the surface use agreement had expired, that without the SUP, the surface owners would be unwilling to deal with them Mayor Burroughs stated that looking at the amended surface use agreement, there was a provision of Force Majeure that if the City’s action delayed the agreement, it could not be used against their rights. Poole replied that he agreed but noted that was the subject of the litigation. Allegiance’s position was that the delay did not constitute a Force Majeure. Mayor Burroughs asked if the action to delay would make any difference. Poole replied that he was not sure but Allegiance had rejected the reasoning from the meeting two weeks ago. Council Member Watts asked if the Allegiance surface owner was the same as the Rayzor Ranch development. Poole replied that Allegiance Hillview LP was the surface owner. Council Member Watts stated that Section 4 of the original surface use agreement had not been amended. There was a clause in that agreement that stated in the event Rayzor Hillview was unable to obtain proper permits that Allegiance agreed to fully cooperate to relocate and reconfigure. It was his understanding that the southwest corner might be contracted out in the southern portion of the Rayzor development. It was also his understanding that the time line for development of property was not as definitive as the time line for the northern section. Poole replied Council Member Watts was correct that Paragraph 4 was not amended. The ability to specifically enforce that provision would be absent without the cooperation with the surface owner. All surface rights for mineral exploration were given up except for a time limited use to that one site. Typically the mineral state dominated but in this case the surface rights were dominating. Council Member Mulroy stated that the use agreement was amended about a year ago and questioned if Range was involved in that amendment. Poole stated that he joined Range in June of last year but assumed that Range was involved in discussions with the mineral owner and in negotiations with the amended agreement. Council Member Mulroy felt it was obvious with the path of the proposed pipeline. Poole stated that he believed that deadline was coming up for extension and motivated parties to the agreement. City of Denton City Council Minutes August 4, 2009 Page 10 Council Member Mulroy stated that he did not know why the southwest location was no longer an option. Under the amended agreement, Paragraph 6b, the Force Majeure amended the contract that “litigation, court order or City of Denton’s failure to issue permits (provided that the Permit Seeker had timely submitted permit applications and thoroughly prosecuted such applications to attempted completion)”. Range was contending that they had done that. It appeared to him from the reading that the amended agreement extended that Force Majeure to the permitting process with City of Denton. Poole stated that he agreed with that. Council Member Mulroy felt that Ranger would like to get the SUP tonight and then trade locations. Section 35.6.4 stated that a specific use permit may be granted if the proposed use conformed to the standards established. The criteria did not say “will” or “shall” but “may” be granted. Council had to undertake an analysis of the proposal, such as safety concerns, and granting the SUP was not automatic. He felt it was important to final an alternate location such as the southwest corner of the property. He would encourage Ranger to negotiate with the surface owner for a new site. Poole stated that he was in total agreement to trying to renegotiate a site. Council Member Watts stated that the best strategic scenario for Ranger would be to approve the SUP and then negotiate with Allegiance. Based on paragraph 4, his opinion was that the language seemed strong, but really was fluff. If Range was unable to obtain necessary approval, they needed to make a request for some kind of dialog. Poole believed that it was strategically important to have the SUP permit before going to the table to negotiate another site. Another choice was to table the item and have the City try to persuade Allegiance to move the site. He was not optimistic about that but would personally commit to that meeting and try to make it happen. City Attorney Burgess offered to facilitate that meeting to see if they could have a good discussion and bring the parties closer to some type of arrangement. Council Member Gregory thought he was hearing Range say that they wanted to be a good neighbor to the people in Denton. Poole replied absolutely. Council Member Gregory felt that working with Allegiance for another site could help the interest of others like neighbors to the east, users of the park and hospital users. Poole stated that the senior management team of Range lived up to that thought. They were part of the community and not just here to drill wells. Council Member Gregory stated that he would appreciate a complete list of Range’s drilling sites that they were most proud of and a listing of the types of safety precautions they used. City of Denton City Council Minutes August 4, 2009 Page 11 Poole stated that he could provide a list of drilling properties and noted that they were the company drilling at the Denton airport. Mulroy motioned, Engelbrecht seconded to table the item with instructions to Legal to facilitate a meeting with the surface owner and mineral owner incorporating all appropriate departments to vet the issue as thoroughly as possible with a more acceptable result. The purpose of the discussion would be to try and relocate the drill site to the southwest corner of the property. The item would be brought back as soon as possible. Mayor Burroughs suggested that the discussion, in addition to the relocation of the well, also include elements such as sound detail, a closed loop system and other concerns of the drilling process. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. D.Council considered appointments to the following boards and commissions: 1. Construction Advisory and Appeals Board 2. Historic Landmark Commission 3. Planning and Zoning Commission 4. Traffic Safety Commission 5. Zoning Board of Adjustment Mulroy motioned, Kamp seconded to approve the nominations as presented. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. E.Citizen Reports 1.Review of procedures for addressing the City Council. 2.Council received citizen reports from the following: a.Sonya Hill regarding garbage pickup in alleys. Ms. Hill stated that she was once again asking the City reconsider the policy of not picking up garbage in alleyways. Her situation had not changed from her prior request. She has a terraced lot and was originally concerned about garbage pickup in the alleys. When she moved into her home, her garbage was picked up in the alley and was even provided a flier about picking up garbage in the alley. That practice was discontinued and she was now required to get her garbage down her terrace to the street for pickup. She asked the City to reconsider the policy one more time. b.Nathaniel Johnson regarding curfew for teenagers. Mr. Johnson asked for a curfew for teenagers. There was a large altercation several weeks ago with gun fire near the MLK Center. Kids came from surrounding cities that had a curfew to Denton which did not. He asked Council to consider a curfew for the summer months that would City of Denton City Council Minutes August 4, 2009 Page 12 carry over to school days especially when the train station was completed as more young people would have easier access to Denton. 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. Council Member Watts asked for a briefing about trash collection in alleyways. He requested a work session on curfews such as who had one, had it worked and statistics about curfews. Mayor Pro Tem Kamp and Council Member Heggins asked for information on the same issues. Council Member Engelbrecht asked for information on how to inform residents about items tabled on the Council’s agenda and when they will be reconsidered. Council Member Watts asked for an explanation regarding the status of surface rights on the warranty deed for Rayzor Ranch. th Mayor Burroughs announced that Council would be holding a budget workshop on August 6 which would be open to the public. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting Items. With no further business, the meeting was adjourned at 7:50 p.m. ___________________________ MARK A BURROUGHS MAYOR CITY OF DENTON, TEXAS ___________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 6, 2009 After determining that a quorum was present, the City Council convened in a Special Called . Work Session on Thursday, August 6, 2009 at 9:00 a.m in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Engelbrecht, Gregory, Mulroy, and Watts. ABSENT: Council Member Heggins 1.The Council received a report, held a discussion and gave staff direction on the 2009-10 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. City Manager Campbell stated that the presentation today would be a planned detail discussion about the operating and capital budget for 2009-2010. In terms of the background and strategy for the proposed budget, the process done this year showed how fortunate the City of Denton was. Denton was not laying employees off, not closing facilities, not abandoning commitments to employees, and not ignoring partners in providing social services to citizens. Denton was making choices and setting priorities. Staff took as much input as possible, evaluated the citizen’s survey, mixed in state mandates and tried to strike a balance which would result in a document that everyone would love and would hate at the same time. Bryan Langley, Director of Finance, presented the proposed budget. Overview and Purpose - (1) discuss key assumptions for the general fund; (2) discuss budget reductions recommended in the General Fund; (3) present General Fund supplemental packages recommended for approval by the City Manager; (4) review proposed FY 2009-10 five year- financial forecast; (5) discuss 5 year CIP plan and future GO/CO bond issuances; (6) provide key budget information for other funds; (7) discuss budget recommendations for Utility funds; and (8) next budget steps. Property Tax Rate - no tax rate increase was proposed. The proposed tax rate would be $.66652 with a 2.5 cent operations and maintenance tax rate increase planned for FY 2010-2011. Appraised Value Changes - values were discussed for the past 5 years. The figures included $4.8 million in exemptions related to historical landmark designations. Council Member Mulroy stated that the Manager’s Message indicated that the appraised value changes were 1.7% off due to the loss of Presbyterian Hospital from the tax rolls. During construction that organization received a sizeable tax abatement. He asked if there were any qualifiers that the organization had to remain on the tax rolls. Langley stated that he was not aware of anything. Council Member Mulroy stated that Presbyterian received a tax abatement on sales tax. He questioned if there were any qualifiers to connect such agreements to have to stay on the tax rolls. He asked what was the agreement, what was the amount and felt that there was a need to look at future agreements to include such a clause. City of Denton City Council Minutes August 6, 2009 Page 2 Certified Appraised Value- the certified appraised values totaled $6.328 billion. The 2009 certified value increased by $37 million. $279 million related to new construction; $242 million related to decreased appraisals for existing property. Council Member Mulroy asked for a breakdown of the $279 million and $242 million in terms of categories of residential, multi-family and commercial. Truth in Taxation Information - the Property Tax Code mandated the calculation and publication of the effective and rollback rates. The Tax Code also mandated various hearings and publications related to these rates. The effective tax rate was estimated to be $0.710766 and the rollback tax rate was estimated to be $0.749135. Since the proposed tax rate did not exceed the effective rate a vote to consider the tax increase and a public hearing on the tax rate would not be necessary. If Council recommended a tax rate greater than the effective tax rate, these items would be required. Fund Balance - the Fund Balance was expected to remain above the target level. The long term financial plan recommended reducing reserves to the target level over the next few years. Council Member Mulroy asked for a report going forward on the resources of the ad valorem taxes and sales tax. Langley stated that to date the sales tax had not reached the projected budget level. Next year’s proposed sales tax was a 2% increase above that estimate. General Fund Expenditure Reductions Due to economic concerns, management requested 5% reduction options from each department. The proposed budget recommended $2.2 million in reductions for 2009-10 compared to previous forecasts. No layoffs or programs were eliminated and reductions were intended to promote efficiency while maintaining current level of services. Reductions were in addition to the 12 positions that were eliminated from the 2008-09 adopted budget. Fuel was also reduced by approximately $500,000. Mayor Pro Tem Kamp asked about the difference between travel and schools/seminars. Langley stated that travel was for out-of-town conferences or events. Schools and seminars involved more local events such as COG or something in the area. Mayor Pro Tem Kamp asked if there was enough left in the budget so that people would be able to attend some seminars. Langley felt there was enough left to be able to have people attend key meetings. City Manager Campbell stated that the intent was to make reductions but not affect services. Council Member Gregory asked about employees who had to maintain training or certification and would they have to pay that cost themselves. City of Denton City Council Minutes August 6, 2009 Page 3 Campbell stated that it currently was not required of employees and no one intend for that to happen. General Fund Expenditure Reductions – Building Inspections and Code Enforcement were proposing a reduction in travel and schools/seminars. The Library was recommending a $120,000 reduction in the purchase of materials. Council Member Mulroy asked about the per capita ratios for the nation and state in terms of materials volume. Eva Poole, Director of Libraries, stated that the libraries were expecting a great increase in use because of the economic downturn. A $120,000 reduction of the purchase of materials would have a direct and immediate impact on the libraries. It would mean less money for books and materials. Patrons would have to wait longer for fewer newer materials. Interlibrary loan costs would increase as Denton would have to borrow more rather than purchasing new materials. If older materials were not taken out of the equation, Denton would maintain a 2:1 capita per citizen. Council Member Mulroy stated that in the past, Council went through great pains to get caught up with the per capita formula and he wanted to maintain that. He hoped Council could find a way to reallocated resources to prevent the City in getting behind in the libraries. Langley continued that Parks would be reducing their budget by about $37,000. $20,000 of that amount was the elimination of the Kiwanis fireworks funding. Council Member Watts asked for the rational for that reduction and was it all or just part of the funding. Langley stated that the event used to be funded by HOT funds but a State ruling indicated that it could no longer be funded in that manner. The funding for the project had been in the Parks budget for several years. The elimination was the entire City funding to the Kiwanis. Council Member Watts stated that he would have a problem with the elimination of all of the funding at one time. That organization provided much support for the city and the services it offered the city. The event was a major fundraiser for other services the Kiwanis provided in the city. Mayor Burroughs suggested a matching funding situation such as a 50/50 deal. Langley stated that would be doable. Mayor Burroughs suggested that the Kiwanis might be able to get underwriting for fireworks from other organizations. Council Member Engelbrecht felt this was a major community event including surrounding areas. City of Denton City Council Minutes August 6, 2009 Page 4 Langley noted that Parks was also recommending revenue increases. They included various rental fee and program pricing changes, an increase in the athletic fee by $5 per player, providing additional space at the IOOF cemetery, collecting vendor permit fees from Jazz Fest and new fees for park rentals and special event applications. Council Member Watts asked what the vendor permit fees would generate. Langley replied about $18,000. Council Member Watts asked why the fee was not currently charged. Emerson Vorel, Director of Parks and Recreation, stated that as part of the City sponsorship, the fee had not been charged. The proposed fee would be $75 per vendor for the three days. Mayor Burroughs asked if there had been any public discussion with impacted people. Vorel stated that they had spoken to the youth sports and Jazz Fest. Mayor Burroughs questioned the impact of charging the fee. He asked if this fee would be competitive with other cities and not on the high end. Vorel stated that the fees were not at the top of the list and were in line with a majority of cities. Mayor Pro Tem Kamp stated that she had conversations with people on the committee and asked if there was a way to do the increase over a number of years. Mayor Burroughs asked about establishing a fund to go towards vendor fees to help. Council Member Mulroy asked if there had been any council action to not the collect fees. Vorel stated that there had been no prior council action; it was part of the city’s sponsorship. Council Member Mulroy suggested a total analysis of costs such as landscaping, trash collection, including hotels and how they increased in room rentals. This would help the Council decide if this was an equitable tradeoff. Council Member Watts asked if the vendor fees were being charged for other festivals. Vorel replied correct. Council Member Watts stated that Jazz Fest was the only festival not being charged the fees. Vorel replied correct. Council Member Gregory asked how the space was being increased at the IOOF cemetery. Vorel stated that there was an old building on the property which was removed which would provide additional space. City of Denton City Council Minutes August 6, 2009 Page 5 Langley continued with the Planning Department’s reductions. The major reduction was the elimination of the court reporter. Council Member Mulroy asked what would be done in place of the court reporter. Langley stated that new equipment was being installed in the Chambers. Mark Cunningham, Director of Planning and Development, stated that abbreviated minutes would be done and the video recording would be available if Council needed to review the meeting. Council Member Mulroy stated that Council read the minutes of the Planning and Zoning Commission meetings to get a flavor of the meeting which was very helpful when considering items. Betty Williams, Director of Administrative Services, stated that new software would web stream the meetings and the meetings would be time stamped so that someone would be able to go to each item on the agenda for review. Once the minutes were approved, an individual could pull up the agenda, the agenda item and the minutes together. Currently they planned to maintain meetings for a year at a time and would reevaluate after a year. Langley reviewed the proposed Police Department reductions. Council Member Mulroy asked about the reduction in community services. Roy Minter, Police Chief, stated that those were community related meetings and services provided. Council Member Mulroy asked if the reduction would affect the Department’s ability to interface with the community. Minter replied many meetings were now being sponsored by various groups instead of by the Police Department. Council Member Engelbrecht asked about reductions in contract service and medical services. Langley replied that the reduction dealt with contract services such as a racial profiling report and investigative analysis reports. There would still be money in that account, just not as much. Medical services dealt with sexual assault exams which most were repaid through the state but again, there would still be money in that account. Langley stated that the Fire Department’s recommended reductions dealt with a reduction in overtime. Council Member Mulroy stated that the Manager’s Message referenced overtime savings as it related to modifications to staffing. City of Denton City Council Minutes August 6, 2009 Page 6 Ross Chadwick, Fire Chief, stated that the recommendation, after a discussion with staff and a survey of staff on how to reduce overtime, was to have a reduction in the number of personnel on the engine at Station 7 when additional staff was needed at other stations. This would not affect the level of service or safety of citizens. Council Member Mulroy felt this was a step backwards on the goal of four man engine companies. Mayor Burroughs asked why the calls at Station 7 were so low. Chadwick stated that development was planned around the Station but had not happened yet. Council Member Mulroy asked why the national standard was a four man engine if there were not safety ramifications with a three man engine. Chadwick stated that the policy could be argued back and forth for both cases. City Manager Campbell stated that over the years that requirement had been debated and sometimes there was a failure to look at all the circumstances and type of equipment for the calls. It might not be more efficient and safe with 4 men as opposed to 3 men. Mayor Pro Tem asked if this was going to be just at Station 7. Chadwick replied correct and would not be all the time. Council Member Watts asked about the dollar amount with reduction of overtime. Chadwick replied $100,000. City Manager Campbell stated that part of the reduction was associated with the battalion chief and part with overtime. He would provide Council with the figures associated with each type of category. Council Member Gregory stated that as the staff was working on an overview of Arts and Jazz, they should include how big the city’s partnership was in terms of police, fire, and sanitation. That put the vendor fee in a different light. Council Member Mulroy suggested considering a centralized fund for promotional activities and then pay the department for the services provided instead of every director having money in the budget for these services. Langley continued with the Municipal Court, Municipal Judge, Airport, Streets, and Street Lighting reduction recommendations. Mayor Burroughs indicated that he would like to see the line item for street maintenance funding. City of Denton City Council Minutes August 6, 2009 Page 7 Jim Coulter, General Manager-Water Administration, stated that they would be contracting with a company to do anther street assessment to determine changes in the past five years. Mayor Burroughs requested that they show time lines where gaps were as was as done in the past. Langley reviewed Traffic reductions, Transportation reductions, Economic Development reductions, Cable TV reductions, City Manager’s Office reductions, and City Council reductions. Mayor Burroughs questioned the reduction of the council contingency fund. Council used that item because of an inability to fully fund organizations. This provided a relief value and provided a significant impact on these projects and programs. It was one of the few flexible options available to council and he would oppose that reduction. Council Member Watts asked what part of the travel budget was going down. Langley replied that the reduction was both the CMO and Council. Langley presented the proposed reductions for Facilities, Finance, Human Resources, Internal Audit, Public Communications, Non-departmental areas and Legal. Council Member Watts asked about the proposed consultant fee reduction in the Legal Department. Anita Burgess, City Attorney, stated that this would be an off-set for another municipal court prosecutor. Currently the Department was spending $45,000 for 160 hours for a contract prosecutor to act in absence of the existing prosecutor or when there were multiple dockets. Staff was proposing to hire another prosecutor and reduce consultant fees by that amount. Langley stated the General Fund reductions he detailed totaled approximately $1.3 million. An “efficiency team” would be formed to achieve additional savings over the next 12-18 months. In recognition of this approach an additional $500,000 in savings was projected. General Fund Recommended Supplemental Packages Langley stated that the following items were the supplemental packages recommended by the City Manager. (1) Building Inspections - add a health inspector and Laserfiche; (2) Code Enforcement – mowing services, public relations campaign and substandard structures program; (3) Planning – Laserfiche, neighborhood outreach program, Historic Landmark Commission funding and Projectdox. $507,250 in funding was recommended from the Non-Airport Gas Well fund. Council Member Mulroy questioned the use of non-airport gas money for these projects. In the past, these funds were used for one-time only expenses which might not be appropriate for Planning. City of Denton City Council Minutes August 6, 2009 Page 8 Mayor Burroughs felt that the non-airport gas well money usage needed to be included in the budget due to policy issues. He felt there were other potential policy issues on what the funds could be used for instead of the recommended usage. Langley stated that the budget document projected revenue and expenses at end of this year showed $3.9 million in non-airport gas well funds that could be used for any purpose. The policy was to use these funds for non-reoccurring and development services. Using these funds as proposed would leave $2.6 million in the fund. Mayor Burroughs felt there were significant policy issues associated with the usage of these funds because of usage allowed. City Manager Campbell felt this might be a subject for the next work session or a special work session. Council Member Watts asked for more information on what Laserfiche would accomplish for the Planning Department. Langley continued with the supplemental packages for Parks. The majority of the funding for these packages was coming from the Parks Gas Well funds. Gas wells on park property allowed for the money to only be used for parks activities. Council Member Engelbrecht requested more information on the parks grant and proportion of how money was allocated to airport, non-airport and parks gas money. He also requested more information on the parks soccer fields. Vorel stated that federal dollars were used to purchase North Lakes Park. There were two wells off of park property but were drilling horizontally into the parks. There were very tight restrictions on revenues from minerals on property purchased with federal park grants. It was not relative to the size of the grant. Any minerals gotten out of park property had to be used in the parks. Council Member Gregory requested a summary of money for mandatory park dedication and whether it could be used for the Senior Center. Vorel stated that it could not be used for the Senior Center but could be used for park development. Council Member Watts asked about the water slide replacement. Vorel stated that staff was recommending not to repair the existing slide but replace it. Council Member Engelbrecht requested information on revenues generated by the softball fields in conjunction with the maintenance of those fields. Langley reviewed the Animal Services recommended package which included intranasal bordetella at $10,432. City of Denton City Council Minutes August 6, 2009 Page 9 Mayor Pro Tem Kamp stated that Animal Services had requested FTs that were not recommended. She understood that the current shelter would be in operation for another one or two years, but to keep in mind that once the new shelter was opened, there would be a need for more personnel. Langley continued with the supplemental packages for Fire, Municipal Court, Police, Streets, Transportation and Legal. The City Manager’s proposed budget included $517,100 and 8 FTEs in approved supplementary packages for the General Fund. Compensation – The 2009-10 budget included a lump sum increase of 2% which would not be added to the base pay. The five year forecast included an average 2% in base pay increases each year beginning in 2010-11. The budget also included step increases for police/fire and assumed a Meet and Confer agreement would have the same compensation terms as civilian employees. Council Member Mulroy asked for a comparison of TMRS and other cities. He asked if the increases were still merit based. He questioned if the lump sum was covered as the direct hire contracts were on a contingency basis and had a percentage covered. Langley reviewed the proposed 2009-10 General Fund long term plan. General Obligation Debt Service fund - no tax rate increase for the GO debt service fund was recommended. A 2.5 cent tax increase was planned for the general fund in 2010-11. Lower property tax growth assumptions had a significant impact on debt service capacity. Appraisal growth assumptions mirrored those in the General Fund with a 0.6% growth in 209-10, a 0% growth in 2010-11 and a 4% growth in 2012-14. Future size and timing of a GO bond election would be dependent on economic factors with a 2012 election most likely. An additional $10- $15 million in debt may be needed in the near future for the City’s local match on TxDOT projects. These projects had potential of providing tremendous leverage for the City’s investment. The GO debt service fund proposed long term plan was also reviewed by Langley. Other Key Funds included health insurance, Non-Airport Gas Well fund, Airport Gas Well fund, Parks Gas Well fund and other fund information. Health Insurance fund - health insurance was expected to increase at a rate of approximately 10% per year with only 6% cost increases included in the long term financial plans. 9% was included in the 2009-10 budget. Staff recommended absorbing the additional costs by pursuing an employee health services clinic to provide employees and the City an opportunity to lower costs while maintaining quality services. Increases in insurance co-pay costs for employees related to specialists/ER visits were also recommended. Employee insurance premiums would be increase by an average of 8.5%. The rate structure would be aligned with the cost to the plan. The exact cost to employee costs would range from $28-$32 per month with additional increases likely in future years. The Audit/Finance Committee recommended a target reserve balance of approximately $1.4 million. GASB 45 funds were recommended to be included in the Health Insurance Fund balance to effectively manage costs and quality. Mayor Burroughs stated that there had been no increases in the past several years. City of Denton City Council Minutes August 6, 2009 Page 10 Langley stated that the because of the new self-insured plan and because of new plan, the city absorbed the rates for good public relations. Council Member Mulroy asked how involved was the Employee Health Insurance Committee in this process. Langley stated that they appeared to be on board with the process. Mayor Burroughs asked about potential partners with a health clinic such as the County, DISD or the universities. Langley stated that there was some possibility but the question was how much control the City would have because if the City partnered with a larger entity it might become their plan instead of the City’s plan. Non-Airport Gas Well funds – this fund was expected to end 2008-09 with $3.9 million in unrestricted fund balance. Of that, $1.2 million needed to be transferred to the Parks Gas well fund in 2009-10. Council previously directed staff to only use these funds for non-recurring items that aided development activities. However, the funds could be spent for any Council authorized purpose. The 2009-10 budget included $539,250 in funding for Building Inspection and Planning software systems which would aid in future development activities. Airport Gas Well Funds – the Airport Gas Well fund was expected to end 2008-09 with $2.5 million in the fund balance with funds only spent on Airport activities. The 2009-10 budget included $1.465 million in funds for airport projects. Parks Gas Well funds - $1.2 million needed to be transferred to the Parks Gas Well fund from the non-airport gas well fund. Funds could only be spent on park activities. The 2009-10 budget included $1.25 million in funds for water works slide replacement, soccer field improvements and Senior Center land acquisition. Other Funds - Tourist and Convention Fund - the HOT committee recommended a 2% decrease for all organizations and no new organizations would receive funding. Other newly budgeted funds for 09-10 included the public education grant and the McKenna Trust Fund with other funds possibly to be recommended in the future. Utility Fund Recommendations – the Public Utilities Board reviewed the financial plans for all utility funds. Staff recommendations did not include any utility rate increases for 2009-10 but did include an increase in the franchise fee from 4% to 5%. A proposed 2% lump sum compensation increase was uniform across all funds. Electric Fund – there was no base rate increase proposed for electric utility customers. FTEs would be increased by 4.5. Expenditures were reduced in response to slower growth and revenue projections with only a portion of reserves appropriated for 2009-10. CIP projects included the construction of a new covered parking building and renovations of the communications area. City of Denton City Council Minutes August 6, 2009 Page 11 Water Fund - no retail rate increases were proposed for 2009-10; however, various fees and wholesale rates may be modified. Due to slower growth, revenues projections had been lowered and expenditures were reduced to recognize lower revenues. There was a proposed net reduction of 2.5 FTEs. The proposed budget included $27 million in funding for the Lake Lewisville Water Treatment Plant rehabilitation. Other CIP projects were delayed due to lower expected growth and revenue. Wastewater Fund - no wastewater rate increase was proposed. Due to slower growth, revenues projections had been lowered. There was a net addition of 1.5 FTEs. Major CIP projects included Pecan Creek Interceptor I, Pecan Creek Interceptor II, Service Center renovation and sewer line replacements. Solid Waste Fund – there were no proposed residential, commercial or landfill rate increases for 2009-10. Various fees might be modified with the Public Utilities Board recommending any adjustment to Council in August. No new FTEs were proposed. Slower growth and economic challenges had impacted revenues with expenditures significantly reduced. All budget categories were reduced with the exception of insurance. Six replacement trucks were included in the proposed budget which was half of the normal replacement rate. Six replacement trucks would be delayed at least one year. Langley reviewed the next steps in the budget process noting that there would be a budget th discussion on August 18 with no meeting scheduled for August 11th. 2. Closed Session A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (“DME”) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. Council did not meet in Closed Session. With no further business, the meeting was adjourned at 1:30 p.m. _________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS __________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ANNUAL PLANNING SESSION MINUTES CITY OF DENTON CITY COUNCIL August 7 & 8, 2009 Annual Planning Session of the City of Denton City Council on Friday, August 7, 2009 from 8:00 a.m. to 9:00 p.m. and Saturday, August 8, 2009, from 8:30 a.m. to 1:00 p.m. at the Marriott Solana, 5 Village Circle, Westlake, TX 76262. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Engelbrecht, Gregory, Heggins, Mulroy, and Watts. 1.The Council discussed and gave direction concerning the long, mid, and short term accomplishments, goals, objectives, plans, vision, missions, and values of the City of Denton as it relates to city services and infrastructure, streets, parks, finances, budget, planning, zoning and development, environmental issues, technology, public utilities, taxes, engineering, economic development, codes enforcement, transportation, purchasing, management, intergovernmental relations, boards, commissions and committees, meetings, and, without limitation, any and all operations of the City of Denton city government. City Manager Campbell stated that this was an important meeting from a staff perspective. The Leadership Team felt there needed to be a strategic plan for the city and needed some input from the city council on programs that reflected the priorities of the Council. Karen Walz, facilitator, stated that the retreat objectives would be to review past successes, focus on future goal-setting for the community and provide direction to city staff so they could prepare a strategic plan for the organization. Friday’s discussion would center on where the Council had been, where they were now, what was facing them as they looked ahead and a vision of the future. Saturday’s discussion would center on an agreement on future direction, discussion/agreement on priorities and next steps and responsibilities. Discussion #1 – Council discussed experiences that affected the way the members handled their role with the City of Denton. Council discussed what assets this particular group of Council members brought to its responsibilities for Denton and what aspects of the Council members’ past experiences and skills could create challenges for communication, collaboration and policy- setting. Additional questions included assets the City’s professional staff members brought to their responsibilities for Denton and what aspects of the staff’s past experiences and skills might create challenges for communication, collaboration and implementation of Council policy. Additionally, what skills and practices could be enhanced to further improve the communications and working relationships among Council and senior staff. It was suggested to prepare an informal staff report on issues of council concerns which would tell the Council how staff was going to proceed with an issue unless directed otherwise from Council. This would not be a public discussion but rather a synopsis of the issue and how staff would propose to proceed. Discussion #2 - Uniquely Denton Topics for discussion included key features, recent accomplishments, recent challenges, factors that had shaped the Denton that existed today, what made it unique, what was notable about the way the government functions or was organized. Recent accomplishments were discussed in terms of key accomplishments in the past 3-5 years for the Denton community and for the City City of Denton City Council Minutes August 7 & 8, 2009 Page 2 of Denton government. Recent challenges discussed included the most difficult challenges the Denton community and the City of Denton had faced in the past 3-5 years. The most notable characteristics that would help Denton city government successfully deal with whatever the future brought was also a topic of discussion. Which strengths were the most important for the City’s success in the future were discussed. Current characteristics of Denton city government that might make it harder to deal with whatever the future brought were also included. Factors to consider included technology, globalization, demographics, growth, economic transformation, disparity, land and water resources, energy, climate and climate change, financial markets, infrastructure, and sustainability. Discussion #3 - Denton’s role in the Region - characteristics of the North Texas area and North Texans living in the area in the next 20-30 years were discussed. What were the choices and could it be done better than business as usual. Scenarios that provided a range of possibilities for the region’s future included business as usual, connected centers, return on investment, diverse and distinct communities and green region. Health and transportation were two areas that could be included in the above scenarios. Discussion questions included what phrases best described the role Denton had played in the North Texas region in the past and how had Denton’s role been different from the roles of other communities in the region. Stakeholders and leaders included community members, elected officials, and appointed professional staff. There were different communication aspects for each level. Who spoke for the community, what were their perspectives. Questions for group discussion included who were the stakeholders that comprised Denton, which areas for action enjoyed good stakeholder understanding and support, which areas for action needed better communication and education of stakeholders, which areas for action needed more stakeholder engagement and which strategies were most important to strengthen stakeholder support. Council discussed different ways to communicate with residents concerning specific issues concerning neighborhoods. City Manager Campbell stated that such communication would have to be consistent so all were treated the same. Assistant City Manager Greene felt that an additional concern was the tabling of items and how to get the word out whether or not the item was going to be considered. Council rated various scenarios concerning leadership and communication: How important was collective council leadership to a successful future for Denton = very important. How important was staff expertise to a successful future for Denton = very important. How important was effective communication with citizens = very important. How important was a solution to infill to a successful future for Denton = 50-50. How important was public support of an infill solution to a successful future = somewhat important. City of Denton City Council Minutes August 7 & 8, 2009 Page 3 How important was city government’s credibility to a successful future for Denton = very important. How important was securing adequate financial resources = very important. How important was a partnership with other entities = somewhat important. How important was action to address infrastructure = very important. How important was the Downtown vitality = somewhat important. How important was bringing along future leaders = somewhat important. How significant was the effect of growth on Denton’s future = very. How important was the effect of economic change = very. How important was the effect of technology = somewhat. How important was the effect of globalization = not and neutral. How important was the effect of demographics = very. How important was the effect of disparity = somewhat. How important was the effect of limited resources = very. How important was the effect of energy = very. How important was the effect of climate = neutral to somewhat. How important was the effect of financial markets = very. How important was the effect on infrastructure = very. How important was the effect of sustainability = very and somewhat. The discussion reflected my sense of the community’s perspectives = agree. Discussion #6 - Denton 2019 Council considered the issues discussed during the day in a global and regional context, imagined the Denton of the future and created a road map to a desirable future and the tasks necessary to get there. Saturday, August 8, 2009 PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Engelbrecht, Gregory, Heggins, Mulroy, and Watts. Karen Walz reviewed potential areas for action which the Council had noted in the Friday session. Discussion #7 - Future Denton - Denton in 2019 Destination Denton (entertainment- music- medical - companies/families-shopping from north and west) Council Member Heggins and Mayor Burroughs left the meeting. Identifiable destination Family Safe/Family Friendly Sustainability leader Cultural Heritage/History/authentic (retain character, growth that fits-celebrate history and look forward) City of Denton City Council Minutes August 7 & 8, 2009 Page 4 Walz stated that a Vision Statement should indicate where the Council wanted to go. Council suggested incorporating the destination concept and technology as it related to service expectations and communications. A Mission Statement should indicate who the City was or what it did. Council felt it should include Destination Denton, collaboration with stakeholders/citizens and not just service delivery but foster and sponsor these results. Council worked on a revised Mission Statement – The City of Denton will foster and promote an environment that will deliver extraordinary quality services and products through stakeholder and peer group collaboration, leadership innovation and sustainable and efficient use of resources. Walz stated that a Values Statement told how to operate. It currently stated “to serve with character”. Other considerations included: (1) destination of choice, (2) excellence for education, entertainment and employment, (3) neighborhood vitality and sustainability, (4) top quality of life, (5) opportunity for personal involvement and fulfillment, and (6) notoriety for environmental stewardship. Council reviewed strategic issues to achieve desired future goals. Council considered “How important was it that the City’s strategic plan address these process objectives”: Improved the effective allocation of resources = very. Set priorities for allocation of limited resources = very. Led to a more cost-effective operation = very. Improved coordination across departments = very-somewhat-neutral Improved coordination between the City and other organizations = somewhat. Built the organization’s capacity to respond to future challenges = somewhat. Made the organization more resilient in responding to change = somewhat. Promoted sustainability = very. Improved the organization’s ability to respond to changing community needs = somewhat. Supported more communication with the community = somewhat. Positioned Denton for new economic growth = very. Made decision-making more predictable – somewhat. Provided better indicators for measuring accomplishment = somewhat. Supported innovation in city operations and programs - somewhat Discussion #9 - Action Items for Council consideration: Review and update Denton plan Expand community involvement using key facilitators - new blood-broad dialogue; old with new; open forums to ask for involvement in DP; need wide range, not small group only; listen even if disagree Recognize the need for continuity of the vision (and term limits of election officials). Mayor Burroughs returned to the meeting. City of Denton City Council Minutes August 7 & 8, 2009 Page 5 Discussion #10 - Who Does What Roles and responsibilities for city council, boards and commissions, leadership team of city staff, other members of city staff, stakeholders and partner organizations were discussed. What the Council would do in the next six months or so: Update of Denton plan - deliberate on committee formation; thoughtful for outcome and process; includes education to build support; community/neighborhood meetings by council districts. Tree ordinance Downtown Implementation - maintain focus Property Maintenance Code issues still outstanding; consider forming on-going committee (meet quarterly to address continuing issues); don’t let it falter Economic Development - need to develop marketing effort to build on assets city has Evaluation of aging infrastructure - long term action plan; roads, sewer, water, drainage, electric; know what’s out there; impeding gaps; examine financing choices Update gas well drilling/transmission ordinances especially inside city limits Boards and commissions pre-work session Council discussed boards and commissions: Comment and discussion of metrics for balancing development (Planning and Zoning) Review of sign ordinance (Planning and Zoning) Traffic Safety Commission - need to clarify roles by Council; ask for feedback from them; get information from Legal Council discussed the Leadership Team of City Staff: Work on strategic plan; continue research; have good direction from this session; need continuing review with Council (early in year to accommodate budget considerations) Continue providing strong qualitative information (potential for new research after census) Strategy to engage outside agencies such as Leadership Denton Mayor Pro Tem Kamp left the meeting. Council discussed roles of other members of city staff: Identify productive ways for Council to be engaged with organizational involvement Council discussed stakeholders and partner organizations: Engage universities more - TWU on community-wide issues; nursing/medical activities; facilities people, TWU representation leadership permitting NCTC engagement Denton County Legislators (steps to improve effective representation -meet with Fred Hill) Other ideas/activities considered by Council included: Government development track City of Denton City Council Minutes August 7 & 8, 2009 Page 6 Infill 3-1-1 Methane Wastewater Treatment plant Tree conservation strategy Volunteer /other apartment maintenance strategy Council ranked a recap of the discussion: How well do action items reflect my own ideas of what we should do = very. How well do the roles and responsibilities reflect on my own ideas = very. With no further business, the meeting was adjourned at 12:40 p.m. ____________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - S09-0002 (Villas at North Lakes) Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, approving a Specific Use Permit (SUP) for forty-six (46) attached and fifty-four (54) detached single family dwelling units on approximately 30.7 acres located within a Neighborhood Residential 3 (NR-3) zoning district on the southwest corner of Hinkle Drive and Windsor Street; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (S09-0002) The Planning and Zoning Commission recommended denial of this request (5-0). BACKGROUND: In accordance with Section 35.5.2.2 of the Denton Development Code (DDC), single-family detached dwelling units are permitted by-right within the NR-3 zoning district. However, an attached SUP is required for single-family dwelling units within the NR-3 zoning district. The proposed development consists of both single-family attached and detached units as shown on the attached site plan (See Exhibit 6). Per Section 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms, or can be made to conform through the use of conditions to meet the standards established in the NR-3 zoning district. This proposed development will have an average lot size of 10,000 square feet for the detached units and 4,856 square feet for the attached units. The average lot size of 10,000 square feet proposed for the detached units is similar to the existing residential developments within the immediate area. To the west of the subject property is a Neighborhood Residential 6 (NR-6) zoning district developed with minimum lots sizes of approximately 10,200 square feet. The proposed average lot size for the attached single-family units is smaller than the existing surrounding residential development. However, the overall development as conditioned by a previously approved Overlay District and the proposed site plan will create a diverse housing opportunity for the area and is compatible with the surrounding developments. The conditions as proposed will also ensure that this development conforms to the standards established within the NR-3 zoning district. As of this writing, staff has received six (6) responses from property owners within 200 feet of the subject property in opposition to the request. Public notification information is provided in Exhibit 5. PRIOR ACTION/REVIEW: On February 6, 2007, the City Council approved an ordinance (Ord. No.2007-032) for a zoning change from a Neighborhood Residential 2 (NR-2) district to a Neighborhood Residential 3 (NR- 3) district with overlay conditions as follows: a. The woods along the south and east boundary of the site will be preserved. b. decorative finial at the corner of each lot will be installed along the perimeter of the site. Rows of shrubbery between the fence and sidewalk will be installed to obtain privacy. The distance from the fence and back of sidewalk will be a minimum of 12 feet. The developer, and later an H.O.A, will take responsibility for maintenance and irrigation of the approximately 3- acre perimeter landscape area. c. Except for glazing, doors, and trim, the exterior of the homes shall be vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. d. The following restrictions and conditions shall apply to single-family detached homes: Street right-of-way shall be a minimum of 56 feet. Î Parkway width shall be a minimum of 9 feet Î Sidewalk width shall be a minimum of 5 feet. Î Front yard setback shall be a minimum of 15 feet. Î Side yard setback shall be a minimum of 6 feet. Î Rear yard setback shall be a minimum of 10 feet, except for Rear Entry Garages. Î Rear yard setback shall be a minimum of 20 feet if garages are accessed through Î the rear of the property. Front Entry Garages shall be setback 12 feet from the front most wall of that unit. Î Three car Garages shall not face the street. Î May 20, 2009 Planning and Zoning Commission public hearing. This item was tabled from the September 1, 2009 City Council meeting. OPTIONS: 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION: denial The Planning and Zoning Commission recommends of this Specific Use Permit request (5-0). approval The Development Review Committee (DRC) recommends of this Specific Use Permit request subject to the following conditions: 1. The approval of this Specific Use Permit shall not grant any waiver to the Overlay conditions approved with Ordinance number 2007-032. 2. The site plan as shall be binding and guide the development of this Specific Use Permit. 3. All single family attached development shall conform to the requirements of the site plan attached hereto and incorporated by reference as Exhibit B; however, any other use permitted by right under the NR-3 zoning classification and use designation, including the single family detached uses shown therein, are not subject to any restrictions imposed or implied by the attached site plan, and are subject only to the general zoning restrictions imposed for the NR-3 zoning district classification and use designation by the Denton Development Code. 4. The applicant shall provide a minimum 50 foot landscape buffer along Windsor Street and Hinkle Drive and a minimum 30 foot landscape buffer along the southern property boundary as shown on the site plan. The landscape buffer shall contain a thirty (30) foot planted strip that includes a combination of 8 evergreen and deciduous trees, as well as 20 shrubs per 100 linear feet. 5. The applicant shall preserve all trees currently existing on the western property boundaries or the trees can be removed through sufficient mitigation methods approved by the C 6. The design of the attached single-family homes shall be similar to the elevations shown in Exhibit and shall be constructed utilizing at least five of the following design features: a. Dormers; b. Gables; c. d. Covered front porches; e. Cupolas; f. Architectural pillars or posts; g. Bay Window, a minimum of 24 feet projection; h. Clay tile, slate, copper, or high definition composition roofing materials; i. Fireplace chimneys matchingthe exterior finish of the home; j. Windows and doors made of wood, metal clad or metal with bronze anodized finish; k. Decorative wrought iron, wood, stucco, or masonry railings as extensions of the architecture of home; or l. Exterior finishes consisting ofbrick, stone or stucco, similar to the elevations depicted in Exhibit C, attached hereto, and incorporated herein by reference; 7. All single-family attached homes shall have rear vehicle entry with access provided through the alley system shown on the site plan. The alley shall be constructed and paved to standards defined by the City of Denton Transportation Criteria Manual, and such other design standards that may apply, and shall be privately owned and maintained, pursuant to deed restrictions recorded against all lots jointly and severally at the time of platting. The alley shall not be used to satisfy access requirements for utilities or City services, including fire access or solid waste, and shall not have direct access to Hinkle Drive or Windsor Street. 8. The minimum heated floor area for the attached single-family homes shall be 1,620 square feet per unit. EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Future Land Use Map 5. Notification Information 6. Proposed Site/Landscape Plan 7. Site Photographs 8. Letter From Applicant 9. Letters in Opposition 10. May 20, 2009 Planning and Zoning Commission Minutes 11. Ordinance 12. Attached Single- Family Elevations Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development Prepared by: Nana Appiah, AICP Senior Planner EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: S09-0002 DATE TO BE CONSIDERED: September 15, 2009 LOCATION: Southwest corner of Hinkle Drive and Windsor Street APPLICANT: Wade Trim 920 S. Main, Suite 170 Grapevine, TX 76051 OWNER: The Rayzor Company 400 W. Oak Street, Suite 200 Denton, TX 76201 ZONING DISTRICT: The subject property is located in the Neighborhood Residential 3 (NR-3) zoning district. Existing Land Use COMPREHENSIVE The subject site is located within the future land PLAN DESIGNATION: use designation. SITE AND The site is currently undeveloped. SURROUNDINGS: North: Neighborhood Residential 2 (NR-2) North Lakes Park South: Neighborhood Residential 2 (NR-2) Senior Living Facility. East: Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed Use 12 (NRMU-12) Single family developments and Senior Living facility. West: Neighborhood Residential 2 (NR-2) and Neighborhood Residential 6 (NR-6) North Lakes Park and Single family developments. BACKGROUND The existing zoning designation (NR-3) on the property allows the INFORMATION: development of single family detached units by right and single family attached units through approval of an SUP. The purpose of this request is to develop 46 single family attached and 56 single family detached units. ANALYSIS: Existing Land Use Comprehensive Plan The subject site is located in the designation Analysis: within the Denton Future Land Use Plan. Per the Denton Plan, new developments within an existing residential land use category should be developed to be compatible with patterns and designs to the standards established within the neighborhood. In addition, The Plan recommends that the existing residential development within the neighborhood be vigorously protected and preserved. This development is for single family attached and detached units. The approval of this request will not alter the patterns and design standards within the established neighborhood. s Park. This area of the park is mainly used as open space for passive recreation such as walking and running. To the south is a senior living facility. To the east are single family residential developments. The proposed single family development of two housing types will not be detrimental to preserving the existing neighborhood. The development will enhance the general character of the neighborhood by providing opportunities for diverse housing types increasing the sustainability of the community. Development The property is located in the Neighborhood Residential 3 (NR-3) Code/Zoning Analysis zoning district. The NR-3 zoning district is a subcategory of the Neighborhood Residential Land Use. Per Subchapter 35.5.2.1 of the DDC, the purpose of the Neighborhood Residential Land Use is to protect existing neighborhoods and ensure that any new development is compatible with existing land uses, patterns, and designs. Approval of this development will not alter the character or design patterns of the existing residential developments. In addition, there is an overlay restriction which will further restrict the development of this property to ensure that the development is compatible with the surrounding neighborhood. Per Subchapter 35.5.2.2 of the DDC, single family attached dwellings are permitted with approval of an SUP. The criterion with which approval of an SUP is evaluated are set forth in Subchapter 35.6.4 of the DDC. An analysis of the approval criteria is presented under the Findings below. DEPARTMENT AND The Development Review Committee (DRC) has reviewed this AGENCY REVIEW: request for an SUP and provided the following relevant comments. All the DRC comments were addressed by the applicant. FINDINGS: Pursuant to subsection 35.6.4.B. a specific use permit shall be issued only if all of the following conditions have been met: 1.That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; Granting the SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. The proposed request is for a single family development which includes detached and attached units. The average lot size for the detached units is 10,000 square feet. This lot size is not out of character with the surrounding residential developments. To the west of the property is a Neighborhood Residential 6 (NR-6) developed with an average lot size of 10,200 square feet. The minimum lot size for the attached units is 4,856 square feet. This average lot size is smaller than the surrounding residential development. However, the overall development as conditioned by a previously approved Overlay District and the proposed site plan will create a diverse housing opportunity for the area and is compatible with the surrounding developments. 2.That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not impede the normal and orderly development of the surrounding vacant property. The proposed single family development with attached units is surrounded by a Neighborhood Residential 3 (NR -3) zoning to the east and Neighborhood Residential 2 (NR-2) to the south. A Neighborhood Residential 6 (NR-6) district is located approximately 470 feet to the west of the subject site. Both the NR-6 and NR-3 districts are already developed with single family homes. South of the property is also developed as a senior living Lakes Park. 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Adequate utilities, access roads, drainage and other necessary supporting facilities have been evaluated by the DRC and have been deemed adequate to support this use. 4.The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The DRC has reviewed the proposed vehicular and pedestrian traffic. The proposed development will not have an adverse affect on the general public or adjacent developments. According to the Engineering Department, a traffic study may be required during platting of this property if it is determined that the daily trip generation for this development exceeds 1,000 or 100 PM Peak Hour trips. The applicant has met the required parking standards as outlined in Subchapter 35.14.4 Parking Standards. Based on the 8) and shown on the site plan, the proposed development will require 200 parking spaces. The site plan submitted shows two means of ingress and egress to the development. One access is on Windsor Street and the other on Hinkle Drive. According to the applicant, the main access to the site will be through Hinkle Drive, Windsor Street will be utilized for right-in/right-out emergency access only. 5.That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Dust, noise and vibration will occur during the construction of the proposed development. However, dust, noise and any vibration associated with the construction of the proposed development will stop once the proposed development is constructed. Section 20 of and odor control during construction. 6.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and All new lighting will comply with the standards and regulations under Subchapter 13 in the Denton Development Code. This requirement will be met during the platting, construction plan, and building permit approval process. 7.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed development will meet all landscaping and tree preservation regulations under Subchapter 35.13.7, Tree Preservation and Landscape Requirements Standards, in the Denton Development Code. In addition, the applicant proposes to provide a 50 foot landscape buffer along Windsor Street and Hinkle Drive and a 30 foot landscape buffer along the southern property boundary as shown on the site plan. EXHIBIT 2 Location Map Site EXHIBIT 3 Existing Zoning Map Site EXHIBIT 4 Future Land Use Map Site EXHIBIT 5 Notification Map íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØ      ôÏîÍÍÎÊÔÉÔÎÏ EXHIBIT 6 ôÏ÷ÜÇÎË  ïØÈÉËÜÑ  EXHIBIT 7 Site Photographs Photograph looking north from the subject property Photograph looking south from the subject property Photograph looking east from the subject property EXHIBIT 8 Letter From Applicant EXHIBIT 9 Letters in Opposition Exhibit A (Legal Description) Page 4 Page 5 Exhibit B (Site Plan) Page 6 EXHIBIT C Attached Single Family Elevations 3 4 5 6 EXHIBIT 12 Attached Single -Family Elevations                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT S09-0006 (Rayzor Gas Wells): Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, approving a Specific Use Permit to allow for gas well drilling and production on property located on a three (3) acre site on the west side of Bonnie Brae Street, north of Scripture Street, within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (S09-0006) The Planning and Zoning Commission recommends approval of this request (4-0). BACKGROUND: In accordance with Subsection 35.5.2.2 and 35.22.3 of the Denton Development Code (DDC), gas wells are permitted with an SUP within the NRMU zoning district. The Rayzor Ranch Town Center Overlay District, Ordinance Number 2008-284 also requires an SUP for gas well drilling and production. Per Subsection 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms (or can be made to conform through the use of conditions) to the standards established in the NRMU zoning district. It has been determined that the proposed use will conform to the NRMU district subject to recommended conditions of approval and the Rayzor Ranch Town Center Overlay District restrictions. The property is currently undeveloped. The site plan submitted shows one access to the site which aligns with the future location of Panhandle Street. According to the applicant, the proposed access will be utilized temporarily until the portion of Panhandle which abuts the northern portion of the site is constructed. The Planning Department sent certified notices of the public hearing to five (5) property owners within 200 feet and twenty two (22) courtesy notices to residents within 500 feet of the subject property. As of this writing, staff received two (2) responses from property owners within 200 feet of the subject property in favor of the request. Public notification information is provided in Exhibit 5. PRIOR ACTION/REVIEW: On November 4, 2008, the City Council approved an Ordinance (Ord No 2008-284) amending the development standards for the Rayzor Ranch Overlay District to allow gas well drilling and production through the approval of a Specific Use Permit. June 17, 2009 Planning and Zoning Commission public hearing. This item was tabled from the September 1, 2009 City Council meeting. OPTIONS: 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION: approval The Planning and Zoning Commission recommends of this Specific Use Permit subject to the following conditions: 1. The approval of this Specific Use Permit shall not grant any waiver to the overlay conditions approved with Ordinance No. 2008-284. 2. The applicant shall install a screening fence along the northern, southern and western boundaries of the site and buffer on the portion of the site along Bonnie Brae Road. 3. , as conditioned, shall be constructed within 30 days after drilling operations are complete or planted during the first dormant season after drilling, if approved by the City Landscape Administrator. 4. If screening or landscaping is damaged or removed during fracturing or refracturing operations, the operator of the gas well shall be responsible for replacing the damaged or removed portions of the landscaping. 5. The site plan as submitted and shown in Exhibit 6 shall guide the development of gas wells on the subject site. 6. Prior to the issuance of a gas well permit and the commencement of operations, the operator shall submit a noise management plan to the Development Review Committee for review and approval, detailing how the equipment used in the drilling, completion, transportation, or production of the wells complies with the maximum permissible ambient noise levels. The maximum permissible ambient noise level shall not exceed ninety (90) decibels as measured three hundred (300) feet from the boundary of the drill site. 7. Prior to the issuance of a gas well permit, the operator shall be responsible for establishing and reporting to the City a continuous seventy-two (72) hour pre-drilling ambient noise level. The seventy-two (72) hour study shall include at least one twenty- four hour reading during a Saturday or Sunday. The operator shall use the prior established ambient noise level for the installation of any new noise generation equipment unless the operator can demonstrate that the increase in the ambient noise level is not associated with drilling and production activities located either on or off-site. 8. The sound level meter used in conducting noise evaluations shall meet the American associated recording and analyzing equipment which will provide equivalent data. 9. A citation may be immediately issued for failure to comply with these conditions. However, if the operator is in compliance with the approved noise management plan, and a violation still occurs, the operator will be given twenty-four (24) hours from notice of non-compliance to correct the violation from an identified source before a citation is issued. Additional extensions of the twenty-four (24) hour period may be granted in the event that the source of the violations cannot be indentified after reasonable diligence by the operator. 10. The operator of the gas well shall instruct and ensure that employees involve in the operation of the gas wells park vehicles on-site only. approval The Development Review Committee recommends of this Specific Use Permit as conditioned. EXHIBITS: 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Future Land Use Map 5. Notification Information 6. Proposed Site Plan 7. Rayzor Ranch Overlay District Concept Plan 8. Rayzor Ranch Overlay District Master Site Plan 9. Site Photographs 10. Letter from Applicant 11. Letters of Consent from Property Owners 12. June 17, 2009 Planning and Zoning Commission Minutes 13. Ordinance Prepared by: Nana Appiah, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: S09-0006 DATE TO BE CONSIDERED: September 1, 2009 LOCATION: West side of Bonnie Brae, north of Scripture Street. APPLICANT: Range Production Company 100 Throckmorton, Suite 1200 Forth Worth, TX 76102 OWNER: Allegiance Hillview, L.P 14881 Quorum Drive, Suite 950 Dallas, TX 75254 ZONING DISTRICT: The subject property is located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU). COMPREHENSIVE The subject site is located within the Neighborhood Centers future PLAN DESIGNATION: land use designation. SITE AND The site is currently undeveloped. SURROUNDINGS: North: Neighborhood Residential Mixed Use (NRMU), Rayzor Ranch Overlay District Undeveloped land South: Regional Center Commercial Downtown (RCC-D), Rayzor Ranch Overlay District Undeveloped Land. East: Neighborhood Residential 3 (NR-3) City of Denton McKenna Recreation Park/Single family homes. West: Regional Center Commercial Downtown (RCC-D), Rayzor Ranch Overlay District Undeveloped Land. BACKGROUND The property is located in the NRMU District and the Town Centers INFORMATION: of the Rayzor Ranch Overlay District. As a requirement of the Overlay District, gas well drilling and production are permitted with an SUP. ANALYSIS: Neighborhood Centers Comprehensive Plan The subject site is located in the Future Land Analysis: Use designation. Per the Denton Plan, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a p In addition, Mixed-uses are recommended to be oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. The plan also recommends that areas designated as Neighborhood Centers should contain uses necessary to support the surrounding neighborhood. The uses could include service-oriented retail such as small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats located above service oriented uses. This request is for gas well drilling and production on approximately three acres. According to the applicant, the site will be reduced to two acres after drilling operations are complete. The remaining one acre will be reclaimed. According to the concept plan for the Rayzor Town Center Overlay District, single family attached units are proposed to the north and offices to the west and south of the subject site. The development of the site for gas well drilling and production will not impede the general purpose of the Neighborhood Centers. Development The property is located in the Neighborhood Residential Mixed Use Code/Zoning Analysis (NRMU) zoning district. The NRMU district is a subcategory of the Neighborhood Residential Land Use. Per Subsection 35.5.2.1 of the DDC, the purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. The property is also located within the Town Center of the Rayzor Ranch Overlay District. Per Subsection 35.7.13.8 of Ordinance Number 2008-284 of the Rayzor Ranch Overlay District, the NRMU regulations shall guide the development of the Town Centers within the Rayzor Ranch Overlay district. The property to the north, south and west are undeveloped. Approval of this request, subject to conditions, will not be detrimental to any existing residential development to the east. Per Section 3406 of the any residential development approved after the drilling and production of gas wells on the subject site shall be required to be set back a minimum of 300 feet from the wellheads to protect the development from any adverse affects of this request. The properties located to the east of the subject site, across Bonnie Brae Street include thark and a single family home. The active recreation area of the park is located approximately four hundred and fifty (450) feet and the single family home is located approximately two hundred and eighty four (284) feet from the proposed wellheads. Per Section 35.22.3.B of the DDC, written consent is required from property owners for the location of gas wellheads within two hundred and fifty (250) feet to five hundred (500) feet of a residential structure. The applicant has provided two signed consent agreement documents from residential structure property owners within 500 feet of the proposed gas wellhead sites (See Exhibit 11). DEPARTMENT AND The DRC reviewed this request for an SUP and provided relevant AGENCY REVIEW: comments to the applicant. All the DRC comments were addressed by the applicant. FINDINGS: Pursuant to Section 35.6.4.B of the DDC, a specific use permit shall be issued only if all of the following conditions have been met: 1.That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; Granting the SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. The proposed gas well drilling and production is part of the Rayzor Ranch Town Center Overlay district. Currently, the surrounding properties in the immediate vicinity to the north, south, and west are undeveloped. The current concept plan for the vicinity of the subject site of the Rayzor Ranch Overlay district shows proposed offices to the south and west and single family residential to the north. development shall be required to be set back a minimum of 300 feet from the gas wellheads. In addition, the current concept plan for the Rayzor Ranch Overlay designates the subject site for gas well development with an SUP. family home. According to the applicant waivers have been acquired from property owners located within 500 feet of the gas wellheads. 2.That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not impede the normal and orderly development of the surrounding undeveloped property. There are proposed developments in the vicinity of the subject site. These developments shall be required to be set back a minimum of 300 feet from the gas wellheads. In addition, staff is recommending a Brae. This condition will reduce any negative impact this development may have on the surrounding properties. 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Adequate utilities, access roads, drainage and other necessary supporting facilities have been assessed by the DRC and have been deemed adequate to support this use. 4.The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The proposed gas well development will have one access onto Bonnie Brae Street. The DRC has reviewed the proposed vehicular access to the site and have determined that the proposed driveway to the site has been designed for the safe and convenient movement of vehicular traffic. 5.That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Dust, noise and vibration will occur for a short period during the construction of the driveway, drilling, and completion of the gas wells. However, dust, noise and any vibration associated with the development of the site and drilling of the wells will be limited once the proposed development is completed. In addition, inance requires dust, noise, and odor control during construction. 6.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and All new lighting will comply with the standards and regulations of Subchapter 13 in the Denton Development Code. This requirement will be met during the gas well plat approval review process. 7.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed gas well development will meet all landscaping and tree preservation regulations in Section 35.13.7 of the DDC, Tree Preservation and Landscape Requirements Standards as modified by the Overlay District. In addition, staff is recommending a type along Bonnie Brae and a fence around the entire subject site. EXHIBIT 2 Location Map Site EXHIBIT 3 Existing Zoning Map NRMU NR-3 Site RCC-D EXHIBIT 4 Future Land Use Map Site EXHIBIT 5 Notification Map íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØ       ôÏîÍÍÎÊÔÉÔÎÏ ôÏ÷ÜÇÎË   ïØÈÉËÜÑ EXHIBIT 7 Rayzor Ranch Overlay District Concept Plan EXHIBIT 8 Rayzor Ranch Overlay District Master Site Plan EXHIBIT 9 Site Photographs Looking north towards subject property Looking south towards subject property EXHIBIT 10 Letter From Applicant EXHIBIT 11 Letters of Consent from Property Owners AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009 DEPARTMENT: Transportation Operations ACM: Howard Martin, Utilities, 349-8232 ______________________________________________________________________________ SUBJECT Consider the adoption of an ordinance of the City of Denton, Texas, authorizing and directing the City Manager to execute an amendment to expand the scope of activities and extend the term of a right of entry and possession, dated March 3, 2009, as extended on May 5, 2009, as extended and expanded on June 23, 2009, and as extended and expanded on September 1, 2009 in favor of the Denton County Transportation Authority (DCTA) authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing activity as providing and effective date. BACKGROUND The City of Denton (Parks and Recreation) has ownership rights to approximately eight miles of the former Missouri Kansas Texas rail right of way (ROW) as part of the Rail Banking program. The Parks and Recreation Department currently utilizes and maintains this ROW for the Denton Branch Rail Trail and the Water Department has an easement along the eastern boundary of the corridor for a 30-inch raw water line. Additional City of Denton utilities also occupy easements in this corridor. Denton County Transportation Authority (DCTA) is requesting the City of Denton to provide a perpetual easement in the corridor to allow for the construction of the proposed regional rail line between Denton, Highland Village, Lewisville and Carrollton. DCTA, City of Denton and representatives with Dallas Area Rapid Transit (DART) continue to negotiate terms and conditions of the proposed agreement that would establish operating rights of each entity accessing the corridor as well as preserve existing uses by the City of Denton relating to various utility and non-utility infrastructure. DCTA remains committed to initiating rail service between Denton and Carrollton by December 2010, necessitating construction activities begin as soon as possible along the corridor. City of Denton staff is recommending consideration of Amendment 4 to the initial 90-day Right of Entry and Possession (ROE) granted by Ordinance 2009-059 on March 3, 2009. A 30-day extension of the March 2009 ROE was extended by Ordinance 2009-118 on May 5, 2009. The ROE was amended by Ordinance 2009-149 on June 23, 2009 to expand the scope of construction to include construction activities permitted in Phase I of the corridor and extend the ROE for 70 days, terminating Tuesday, September 8, 2009. The ROE was once again amended on September 1, 2009 by Ordinance 2009-195 expanding the scope of construction activities to include both Phase I and Phase II and extending the term until September 15, 2009. The proposed fourth amendment calls for an expansion of the existing ROE scope of activities to permit general construction activities in the corridor within Phase I, Hickory Street to Shady Oaks and Phase II, Shady Oaks to Brinker, and Phase III, Brinker to Shady Shores Road. Initiation of construction activities will be contingent upon DCTA satisfying remaining Development Review Committee comments relating to construction plans recently submitted to the City of Denton. Amendment 4 proposes to extend the term of the ROE to 5:00 p.m. on November 6, 2009, 52 days, to coincide with the Letter of Assurance from DART dated August 28, 2009, attached as Exhibit 2 to this document. The September 15, 2009 City Council Agenda posting for this item provides the Council full latitude to either expand, contract or otherwise amend the terms and conditions of the existing DCTA ROE. At the time this document was prepared for distribution to Council, DCTA had not provided the Development Agreement, the 2.5-percent Inspection Fee, the Performance Bonds and responses to Development Review Comments outlined in the September 1, 2009 ROE. It is important to note, that DCTA remains committed to providing this information to advance the project. The attached Exhibit 3, letter dated September 9, 2009, and Exhibit 4, email dated September 8, 2009, communicates this commitment and City staff anticipates this documentation, as well as proof of requisite insurance, to be provided as part of a scheduled meeting set for September 14, 2009 with representatives of Denton, DCTA and DART. The draft ROE requires proof of such insurance prior to work be performed. Furthermore, City of Denton staff developed and delivered the proposed concept points of the corridor agreement to DART and DCTA, Exhibit 5 However staff does not expect a response until the September 15, 2009 meeting referenced earlier. As part of the Council presentation on this item, staff will address the status of each of the items referenced above. PRIOR ACTION/REVIEW Ordinance 2009-195 dated September 1, 2009 expanding scope of activities to include Phase I and Phase II and extending the ROE by 14 days. Ordinance 2009-149, dated June 23, 2009, extended the ROE by 70 days to September 8, 2009 and expanded the scope of permitted construction activities to include Phase I of the corridor. Ordinance 2009-118 was adopted on May 5, 2009 extending the original 90-day ROE entry by 30 days. Ordinance 2009-059 was adopted on March 3, 2009 providing DCTA a 90-day Right of Entry and Possession to conduct limited pre-construction activities. Staff briefed the City Council on the proposed perpetual easement for the corridor during Closed Session Meetings on February 17, 2009, March 3, 2009, April 7, 2009, April 21, 2009, May 5, 2009, June 16, 2009, June 23, 2009, August 4, 2009 and September 1, 2009. OPTIONS 1. Do not extend or expand the existing ROE. 2. Extend the existing ROE permitting construction activities only in Phase I or Phase II. 3. Approve the proposed extension and expansion of the ROE as presented by staff, to include Phase I, Phase II and Phase III. 4. Provide staff with additional direction. Page 2 FINANCIAL The proposed agreement will require DCTA to submit a sum of $10.00 to the City of Denton in consideration for the right of entry and possession. EXHIBITS 1. Draft Ordinance and ROE 2. DART Letter of Assurance, August 28, 2009 3. DCTA Commitment Letter, September 9, 2009 4. DCTA Commitment email, September 8, 2009 5. Letter dated September 4, 2009 from City Manager 6. Ordinance 2009-195 Respectfully Submitted: Mark Nelson Transportation Director Page 3 AGENDA INFORMATION SHEET AGENDA DATE: September 15, 2009 DEPARTMENT: City Manager’s Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City’s Boards and Commissions. BACKGROUND The following boards/commissions require nominations: Construction Appeals and Advisory Board – a nomination from Council Member Engelbrecht. Historic Landmark Commission – a nomination from Council Member Watts and an “All” position for the entire Council. Zoning Board of Adjustment – one “All” alternate position for the entire Council. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\City Secretary\Boards & Comm\Agenda Info Sheet for Vacancies 9-1-09.doc