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Home My WebLink AboutNovember 17, 2009 Agenda AGENDA CITY OF DENTON CITY COUNCIL November 17, 2009 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, November 17, 2009 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1.Requests for clarification of agenda items listed on the agenda for November 17, 2009. 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. Consultation with Attorneys – Under Texas Government Code, Section 551.071. 1. Discuss and deliberate the status of mediation efforts regarding several issues involved with the Range Resources/Range Operating/Stroud Energy/Dan Hughes 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 City of Denton, Texas, Plaintiff v. Range Resources Corporation, Range Operating Texas, LLC, Stroud Energy, Ltd., and Dan A. Hughes Co, Cause No. 2008-19218-16, th Defendants, pending in the 16 Judicial District Court in and for Denton 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. B. Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorneys – Under Texas Government Code Section 551.071. 1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of fee simple tracts, permanent drainage easement tracts and temporary construction easement tracts for Eagle Drive Drainage Improvements – Phase I, the limits of which being along the existing branch between South Elm Street and South Locust Street, south of Maple Street, in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal City of Denton City Council Agenda November 17, 2009 Page 2 matters would conflict with the duty of the City’s attorneys to the Denton Public Utilities Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. C. 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. 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. D. 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. City of Denton City Council Agenda November 17, 2009 Page 3 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 3. 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 – L). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – L below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. City of Denton City Council Agenda November 17, 2009 Page 4 A.Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing one member and two alternates to the Board of Directors or Executive Committee of the Denton County Transportation Authority; providing a repealer and providing an effective date. The Mobility Committee recommends approval (2-0). B.Consider adoption of an ordinance authorizing the concession to Metzler’s Food and Beverage, Inc to sell alcoholic beverages at designated locations during the 2010 Air Fair events, upon certain conditions; and providing an effective date. The Airport Advisory Board recommends approval (6-0). C.Consider adoption of an ordinance finding that a necessity exists to acquire fee simple tracts, drainage easements and temporary construction easements and authorizing the acquisition thereof through agreement or eminent domain on various hereinafter described parcels of real property for drainage enhancements related to the “Eagle Drive Drainage Improvements Project – Phase I”; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (6-0). D.Consider adoption of an ordinance amending Sections 10-127 and 10-128 of Article VI of Chapter 10 of the Code of Ordinances of The City of Denton, Texas, to provide for qualification periods for seeking partial tax exemptions for certain designated historic sites; providing a partial tax exemption for certain designated historic sites; providing property that qualifies as a designated historic site a ten (10) year partial tax exemption; providing for a severability clause, providing for a savings clause; and providing for an effective date. E.Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Solutient GeoSciences, Inc. for performing professional hydrogeological consulting and analytical services regarding the City of Denton, Texas Municipal Landfill (MSW Permit No. 1590-A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date (not to exceed $112,490.65). The Public Utilities Board recommends approval (4-0). F.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a concrete lined channel next to Duncan Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516–awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $187,497.97). G.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of infrastructure including a wheel and chassis undercarriage wash facility with associated storm water treatment facility to be located at the City of Denton Landfill access road; providing for the expenditure of funds therefor; and providing an effective date (Bid 4377–awarded to the lowest responsible bidder meeting specification, Caliber Construction, Inc. in the amount of $423,462). The Public Utilities Board recommends approval (6-0). City of Denton City Council Agenda November 17, 2009 Page 5 H.Consider approval of a resolution of the City of Denton, Texas adopting the City of Denton Handbook for Boards, Commissions, and Council Committees; and declaring an effective date. I.Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. J.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Holiday Lighting Association to assist with the cost of the Holiday Lighting Festival and the maintenance and replacement of holiday lights; providing for the expenditure of funds therefore; and providing for an effective date. ($700) K.Consider approval of the minutes of: October 6, 2009 October 20, 2009 November 2, 2009 November 3, 2009 L.Consider a request for an exception to the Noise Ordinance to extend working hours for the purpose of Hodges and Associates, P.L.L.C. to pour concrete paving for the Rayzor Ranch Market Place construction on US 380. The contractors, Mario Sinacola and Sons, need to operate between the hours of 7:00 a.m. and 5:00 p.m. on Sundays for the duration of the Hwy 380 widening project. 4.PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance changing the Future Land Use designation of approximately 16.422 acres of property from a “Neighborhood Center” land use designation to a “Community Mixed Use Center” land use designation. The property is located at the southwest corner of Teasley Lane (F.M. 2181) and Hickory Creek Road. (CA09-0001) The Planning and Zoning Commission recommends approval (6-0). B.Hold a public hearing and consider adoption of an ordinance rezoning approximately 16.422 acres of land from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Community Mixed Use General (CM-G) zoning district. The property is located at the southwest corner of Teasley Lane (FM 2181) and Hickory Creek Road. (Z09-0006) The Planning and Zoning Commission recommends approval (6-0). 5. 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). City of Denton City Council Agenda November 17, 2009 Page 6 B.Consider nominations/appointments to: 1. Historic Landmark Commission C.Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: a.Bob Clifton regarding the November City Charter Amendment Election. b.Robert Donnelly regarding drainage issues. D. 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. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. 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.THECITYWILLPROVIDE SIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIFREQUESTEDATLEAST 48HOURSINADVANCEOFTHESCHEDULEDMEETING.PLEASECALLTHECITY SECRETARY'SOFFICEAT349-8309ORUSETELECOMMUNICATIONSDEVICESFORTHE DEAF(TDD)BYCALLING1-800-RELAY-TXSOTHATASIGNLANGUAGEINTERPRETERCAN BESCHEDULEDTHROUGHTHECITYSECRETARY’SOFFICE. AGENDA INFORMATION SHEET AGENDA DATE: November 17, 2009 DEPARTMENT: Transportation ACM: Howard Martin, Utilities, 349-8232 SUBJECT Consider the approval of a resolution to the City Council of the City of Denton, Texas, appointing one member and two alternates to the Board of Directors or Executive Committee of the Denton County Transportation Authority; providing a repealer and providing an effective date. (Mobility Committee recommends approval 2-0) BACKGROUND On August 5, 2008 Guy McElroy was appointed as the City of Denton representative to the Denton County Transportation Authority (DCTA) Board of Directors through the approval of Resolution R2008-028. Mr. McElroy was appointed to fill the unexpired two-year term after Mayor Burroughs resigned his appointment to the DCTA Board due to his election to the Office of Mayor. The current two-year term expires on November 12, 2009. The attached draft resolution will reappoint Mr. McElroy as the City of Denton Representative to the DCTA Board of Directors and will reappoint Mark Nelson as the First Alternate and Howard Martin as the Second Alternate. This will be the first full two-year term for Mr. Elroy. OPTIONS 1.Reappoint Guy McElroy as the representative on the DCTA Board of Directors for the City of Denton, Mark Nelson as First Alternate and Howard Martin as Second Alternate. 2.Consider a different DCTA Representative and/or First and Second Alternates. PRIOR ACTION/REVIEW The Mobility Committee recommended consideration of this resolution 2-0 at the October 27, 2009 monthly meeting. The City Attorney’s Office has reviewed and prepared the Resolution. FISCAL INFORMATION There will be no fiscal impact. SCHEDULE If approved, the proposed appointments will be effective immediately and continue through November 12, 2011. EXHIBITS 1.Resolution 2.DCTA Notification 3.Draft Mobility Committee Minutes, October 27, 2009 Respectfully submitted: Mark Nelson Transportation Director ÛÈØ×Þ×Ì ï EXHIBIT 2 ÛÈØ×Þ×Ì í DRAFT MINUTES 1 City Council Mobility Committee 2 Tuesday, October 27, 2009 3 4 After determining that a quorum of the Mobility Committee of the Denton City Council was 5 present, the Vice Chair of the Committee on the Mobility thereafter convened into an open 6 meeting on Tuesday, October 27, 2009 at 2:05 p.m. in the City Council work session room, 215 7 E. McKinney Street, Denton, Texas, 8 9 Present: Mayor Mark Burroughs, Council Member Dalton Gregory 10 11 Absent: Chair Pete Kamp, excused 12 13 Also Present : George Campbell, City Manager, Howard Martin, ACM Utilities, Jim Coulter, 14 General Manager Water Utilities; Mark Nelson, Transportation Director, Frank 15 Payne, City Engineer; Bob Ticker, Parks Superintendent; John Polster, ITS 16 Consulting; Jim Witt, Executive Director DCTA; and Dee Leggett, Vice President 17 Communications & Planning 18 19 OPEN MEETING 20 21 3)Consider the recommendation of a resolution to the City Council of the City of Denton, 22 Texas, appointing one member and two alternates to the Board of Directors or Executive 23 Committee of the Denton County Transportation Authority; providing a repealer; and 24 providing an effective date. 25 26 Mark Nelson, Transportation Director, stated that Guy McElroy, currently serving on the Board 27 of Directors of the Denton County Transportation Authority, has confirmed that he is interested 28 in reappointment. Nelson then stated the he and Howard Martin, ACM/Utilities, would continue 29 serve as first and second alternates respectively. 30 31 Council Member Dalton Gregory recommended that the appointments move forward to 32 the City Council for consideration with a second from Chair Mark Burroughs. The 33 recommendation was approved by acclamation. 34 35 The meeting was adjourned by consensus at 3:43 p.m. 36 37 EXHIBIT 3 AGENDA INFORMATION SHEET AGENDA DATE : November 17, 2009 DEPARTMENT : Transportation Operations ACM : Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the concession to Metzler’s Food and Beverage, Inc to sell alcoholic beverages at designated locations during the 2010 Air Fair, INC. Airshow events, upon certain conditions; and providing an effective date. (The Airport Advisory Board recommends approval 6-0). BACKGROUND The Denton Air Fair, Inc Air Show Committee has secured a national beer distributor to provide a substantial donation to support the 2010 Denton Air Show on June 19, 2010 and to provide the exclusive sale of alcoholic beverages at the event. The Alcoholic Beverage license is proposed to be held by Metzler’s Food and Beverage, Inc., which is an experienced vendor for local events such as past Air Shows and the annual Jazz Fest. Denton Air Fair, Inc will follow the state, local and federal law as required for any public event being held on City of Denton property and will secure proof of the required insurance policy, with a specific liquor liability clause to address the sale of alcohol and to indemnify the City of Denton. Metzler’s Food and Beverage shall ensure that each server has received the required training for serving alcoholic beverages through the Texas Alcoholic Beverage Commission (TACB). The Air Show Committee shall ensure that one additional police officer shall be present to provide security for each point of sale. The Air Show Committee will limit the sale of alcoholic beverages from 11:00 a.m. to 3:30 p.m. on the day of the event and shall be restricted to a specific location identified for open containers. The Air Show Committee will identify a limited access location inside the Air Show vending area where security personnel and event staff will monitor alcohol sales and prevent alcoholic beverages from being introduced to other locations on the airfield. The proposed ordinance will authorize the City Manager to allow Denton Air Fair, Inc. to grant Metzler’s Food and Beverage, Inc. the exclusive right to sell alcoholic beverages at the Denton Airport on the June 19, 2010, the date of the 2010 Denton Air Show. RECOMMENDATION The Airport Advisory Board voted 6-0 on October 14, 2009 to recommend approval by the City Council of the attached Ordinance authorizing the concession to Metzler’s Food and Beverage, Inc. to sell alcoholic beverages under specific terms and conditions at the Denton Airport during the Denton Air Show on June 19, 2010. PRIOR ACTION/REVIEW (Council, Boards, Commissions) October 14, 2009 - The Airport Advisory Board recommends approval (6-0). EXHIBITS 1. Ordinance authorizing the concession to Metzler’s Food and Beverage, Inc. to sell alcoholic beverages under specific terms and conditions at the Denton Airport during the 2010 Denton Air Show. Respectfully submitted: Quentin Hix Airport Manager 1 ÛÈØ×Þ×Ì ï éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: November 17, 2009 DEPARTMENT: Drainage ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a necessity exists to acquire fee simple tracts, drainage easements and temporary construction easements and authorizing the acquisition thereof through agreement or eminent domain on various hereinafter described parcels of real property for drainage enhancements related to the “Eagle Drive Drainage Improvements Project – Phase I”; providing a severability clause; providing an effective date. (The Public Utilities Board recommends approval (6-0). BACKGROUND The Eagle Drive Drainage Project – Phase I consists of the expansion and improvement of the existing storm water channel that was initially enhanced in the 1930’s. The proposed improvement is to be a section of underground concrete box designed to convey the waters of a 100-year storm event. In this first segment (Phase I) the drainage box channel will be constructed from South Elm Street eastward, along the existing channel alignment, across South Locust Street, continuing east and connecting to the concrete drainage structure, on the west side of Wainwright Street. The Wainwright Street channel and drainage box system was constructed a few years ago and sized for the purposes of the subject upstream Project. The second section of the subject Project (Phase II) shall consist of an underground concrete box from the Eagle Drive Quik Trip convenience store, within Eagle Drive eastward then southward along the east side of Myrtle Street, then eastward following along the existing channel alignment to the South Locust Street tie-in point (Phase I). The Eagle Drive Drainage Project – Phase II will be forthcoming upon future funding initiatives. There are four property owners (transactions) affected within the scope of Phase I, some of whom own several discrete land tracts to be encumbered by the Project. Staff is presently endeavoring to obtain property appraisals to base purchase offers for the necessary easements and fee-simple purchase tracts. Staff is hopeful to be able to successfully negotiate the four transactions; however, given the complexity associated with commercial land tracts, in conjunction with the anticipated Project letting schedule, it may become necessary to acquire the needed land rights for the Project by eminent domain proceedings, should negotiations reach an impasse. OPTIONS 1. Recommend that the City Council approve the proposed Ordinance. 2. Not recommend that the City Council approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 9, 2009 - The Public Utilities Board recommends approval (6-0). FISCAL INFORMATION Project being funded with a combination of Revenue and General Obligation bonds. BID INFORMATION The Eagle Drive Drainage project will be bid February 2010. Construction for the project is estimated to begin shortly thereafter. EXHIBITS 1. Ordinance 2. Location map 3. PUB Minutes Respectfully submitted, Jimmy D. Coulter Director of Water/Wastewater Prepared by Water Administration Paul Williamson, Real Estate Manager ÛÈØ×Þ×Ì ï ORDINANCE NO. 2009-_______ AN ORDINANCE FINDING THAT A NECESSITY EXISTS TO ACQUIRE FEE SIMPLE TITLE TO TRACTS, DRAINAGE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS AND AUTHORIZING THE ACQUISITION THEREOF THROUGH AGREEMENT OR BY EMINENT DOMAIN ON VARIOUS HEREINAFTER DESCRIBED PARCELS OF REAL PROPERTY FOR DRAINAGE ENHANCEMENTS RELATED TO THE “EAGLE DRIVE DRAINAGE IMPROVEMENTS PROJECT – PHASE I”; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and the use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Council finds that a public necessity exists, and that the public welfare and convenience require, and the City of Denton, Texas does hereby exercise its home- rule and statutory authority to acquire by agreement or through eminent domain, the fee simple estate of tracts described in Attachment “1” and permanent drainage easements and temporary construction easements, over, under, and across the subject tracts described in Attachment “2”, attached hereto and made a part hereof by reference (hereinafter collectively described as the “Tracts”). The project is referred to as the “Eagle Drive Drainage Improvements Project – Phase I”. The City Council hereby finds and determines that the acquisition of the Tracts through agreement or eminent domain is for a public purpose to provide drainage facilities, to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Attorney, or her designee, shall have the authority to do all things necessary and appropriate to acquire the Tracts through agreement or BY eminent domain. The City Council delegates to the City Attorney, or her designee, the details of accomplishing this objective including, but not limited to, obtaining final surveys, title insurance, engineering matters, title search, formulating and presenting offers, proper documentation, and filing and prosecuting eminent domain proceedings. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ______ day of _______________, 2009. ______________________________________ MARK A. BURROUGHS, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________________ Page 2 ÛÈØ×Þ×Ì î ïûìð÷ ïûìð÷éèê÷÷è øÊÛÓÎÛÕ×óÏÌÊÍÆ×Ï×ÎÈ êÍÇÈ×ìÔÛÉ×ó ÷ûõð÷øêóæ÷ ÷ÛÕÐ×øÊÓÆ×øÊÛÓÎÛÕ×ðÍÙÛÈÓÍÎïÛÌ ùÓÈÃÍÖø×ÎÈÍÎè×ÄÛÉíÙÈÍÚ×Ê ÛÈØ×Þ×Ì í 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3November 9, 2009 4 5 6After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 7present, the Chair of the Public Utilities Board thereafter convened into a Closed Meeting on 8Monday, November 9, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 9Service Center, 901-A Texas Street, Denton, Texas. 10 Present: 11 Chair Dick Smith, Bill Cheek, Phil Gallivan, Bill Grubbs, Barbara Russell, and 12John Baines (arrived at 9:04 a.m.) 13 14Ex Officio Members: 15 George C. Campbell, City Manager 16 Howard Martin, ACM Utilities 17 Absent: 18Randy Robinson, excused 19 OPEN MEETING: 20 21 CONSENT AGENDA: 22 23The Public Utilities Board has received background information, staff’s recommendations, and 24has had an opportunity to raise questions regarding these items prior to consideration. 25 261)Consider a recommendation for City Council to adopt an ordinance finding that a necessity 27exists to acquire fee simple tracts, drainage easements and temporary construction easements 28and authorizing the acquisition thereof through agreement or eminent domain on various 29hereinafter described parcels of real property for drainage enhancements related to the “Eagle 30Drive Drainage Improvements Project – Phase I”; providing a severability clause; providing 31an effective date. 32 Board Member John Baines moved to approve Item 1 with a second from Board Member 33 Phil Gallivan. The motion was approved by a 6-0 vote. 34 35 36The meeting was adjourned by consensus at 10:38 a.m. 37 éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: November 17, 2009 DEPARTMENT: Finance ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance amending Sections 10-127 and 10-128 of Article VI of Chapter 10 of the Code of Ordinances of the City of Denton, Texas, to provide for qualification periods for seeking partial tax exemptions for certain designated historic sites; providing a partial tax exemption for certain designated historic sites; providing property that qualifies as a designated historic site a ten (10) year partial tax exemption; providing for a severability clause; providing for a savings clause; and providing for an effective date. 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 assessed value of a structure or archeological site and the land necessary for access to and use e requires that the site be designated as 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. Agenda Information Sheet November 17, 2009 Page 2 The Historical Landmark Commission (HLC) discussed this issue on August 10, 2009, and 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. On September 1, 2009, staff discussed this recommendation with the City Council. Based on the discussion, the City Council requested that staff prepare various options for consideration at the next available meeting. The following options were presented to the City Council on September 15th: 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. On September 15, 2009, the City Council reviewed the above options and indicated they were in favor of option 2 provided that a minimum expenditure requirement is established to verify eligibility for the exemption. As such, the City Council directed staff to consult with the HLC regarding an appropriate minimum expenditure amount. On October 12, 2009, staff recommended the following option to the HLC: 1.Open designation period with no sunset provision. 2.Newly designated properties will be eligible for a 15 year tax exemption of 50% of the assessed taxable value if a minimum investment of $10,000 is demonstrated to the City. Expenditures must be for the purpose of improving or restoring the property. 3.Properties which have previously received a tax exemption will be eligible for a 15 year tax exemption of 25% of the assessed taxable value if a minimum annual investment of Agenda Information Sheet November 17, 2009 Page 3 4.$5,000 is demonstrated to the City. Expenditures must be for the purpose of improving or restoring the property. Staff met with the HLC on October 12, 2009 and they recommended a different approach than the option presented by staff. The HLC discussed the possibility of reducing the expenditure threshold and exemption after the initial 15 year period, but the Commission felt this would be problematic from an administrative and policy standpoint. Instead, the HLC has recommended that a more stringent investment of $10,000 be required for continuing exemptions every 10 years. The HLC reasoned that this would more appropriately provide an incentive to maintain the historic properties. On October 20, 2009, the City Council reviewed the and indicated they were in favor of the proposed changes. The Council directed staff to allow for additional exemptions if qualifying expenses are made beyond those demonstrated for the initial exemption period. During the discussion, the Council asked staff to develop some proposed language that would determine what constitutes a qualifying expense. After considering the multitude of expense possibilities, staff has concluded that it is more appropriate to have the HLC determine eligibility on a case by case basis instead of attempting to detail this information in an ordinance. As such, the Historic Landmark Commission must determine whether the qualifying expenses result in a permanent improvement and/or restoration of said property as a condition of receiving the exemption. STAFF RECOMMENDATION Staff recommends approval of the proposed ordinance. 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. 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. Agenda Information Sheet November 17, 2009 Page 4 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 Historical 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. On September 15, 2009, the City Council discussed the partial tax exemption for designated historic sites and directed staff to review the proposals with the Historical Landmark Commission for consideration. On October 12, 2009, the Historical 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 October 20, 2009, the City Council discussed the partial tax exemption for designated historic sites and directed staff to prepare an ordinance for consideration at a future meeting of the City Council. 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. Respectfully submitted, Bryan Langley Director of Finance Prepared By: Antonio Puente, Jr. Revenue & Treasury Analyst éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: November 17, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler 349-8044 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Solutient Geosciences, Inc. for performing Professional Hydrogeological Consulting and Analytical Services regarding the City of Denton, Texas Municipal Landfill (MSW Permit No. 1590-A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date (not-to-exceed $112,490.65). (The Public Utilities Board recommends approval (4-0). FILE INFORMATION The Landfill is required to perform a variety of groundwater sampling events and submit ground water monitoring results of the L on a semi-annual basis to the Texas Commission on Environmental Quality (TCEQ). possesses staff cap groundwater monitoring service requirements performed by Solutient GeoSciences, Inc. include well sampling, data review, statistical analyses, consultation, regulatory reporting, and general geological and hydrogeological services performed at the Landfill site. Services to be provided in FY 2010 include plugging and abandoning nine piezometers and one well. The piezometers and the well were a component of the original Permit #1590 site. A permit modification has been issued by TCEQ to plug and abandon the well and piezometers. The current Permit #1590A groundwater monitoring system was installed in 1998, which replaced the old system used for monitoring the Permit # 1590 site. Additionally, Solutient GeoSciences, Inc. will provide coordination, site selection, oversight, sampling, analyses, monitoring, and reporting services for other wells placed on the property. Upon completion of these work efforts, Solutient GeoSciences, Inc. will submit the necessary reports of these activities to the TCEQ. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its September 28, 2009 meeting. Agenda Information Sheet November 17, 2009 Page 2 RECOMMENDATION Award to Solutient GeoSciences, Inc. in the amount of $112,490.65. PRINCIPAL PLACE OF BUSINESS Solutient GeoSciences, Inc. Tyler, TX ESTIMATED SCHEDULE OF PROJECT This is an annual Agreement that will be in effect beginning October 1, 2009. FISCAL INFORMATION This contract will be funded from account 660300.7855. Requisition# 95550 has been entered in the Purchasing software system. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4416 ORDINANCE NO. 2009-_______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SOLUTIENT GEOSCIENCES, INC. FOR PERFORMING PROFESSIONAL HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES REGARDING THE CITY OF DENTON, TEXAS MUNICIPAL LANDFILL (MSW PERMIT NO. 1590-A); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE RATIFICATION AND APPROVAL THEREOF; AND PROVIDING AN EFFECTIVE DATE (NOT-TO-EXCEED $112,490.65). WHEREAS, the City Council deems that it is in the public interest to continue to engage hydrogeological consulting and analytical services for the City pertaining to the City of Denton Landfill (MSW Permit No. 1590A); the City Council has engaged SGI for a number of consecutive years to perform these professional services, and has been satisfied as to the quality and reasonable price of their work; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-referenced professional consulting and hydrogeological services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and WHEREAS, it is necessary for the professional services provided by SGI to begin on October 1, 2009, and the timing involved in the contract approval process dictates that this ordinance be ratified and approved effective as of October 1, 2009, which continues the professional services contracted by the City with SGI without interruption; and Services Procurement Ac professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The City Manager is hereby authorized to execute a Professional Services Agreement with Solutient Geosciences, Inc., a Corporation, of Tyler, Texas, in an amount not-to- exceed $112,490.65 for hydrogeological and analytical professional services, pertaining to the City of Denton Landfill (MSW Permit No. 1590A); in substantially the form of the Professional which is incorporated herewith by reference. 1 SECTION 2: The award of this Agreement by the City is on the basis of the continued demonstrated competence, knowledge, and qualifications of SGI and the continued demonstrated ability of SGI to perform the services needed by the City for a fair and reasonable price. SECTION 3: The expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: The effective date of the Professional Services Agreement approved st hereby, is hereby ratified, confirmed, and made effective as of the 1 day of October, 2009. SECTION 5: Otherwise, except as stated in Section 4 hereinabove, 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 Û¨¸·¾·¬ ß 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 September 28, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, September 28, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10 Chair Dick Smith, Bill Cheek, Randy Robinson, Barbara Russell and John Baines 11 (arrived at 9:04 a.m.) 12 13 Ex Officio Members: 14 Howard Martin, ACM Utilities 15 Absent: 16 Phil Gallivan (not excused) and Bill Grubbs (not excused) 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 T 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 3)Consider approval of a Professional Services Agreement with Solutient GeoSciences, Inc., of 25 Tyler, Texas, for hydro geological and analytical services regarding the City's landfill in an 26 amount not to exceed $161,681.90. 27 Board Member Randy Robinson moved to approve Item 3 with a second from Board 28 Member Barbara Russell. The motion was approved by a 4-0 vote. 29 30 31 The meeting was adjourned by consensus at 11:10 a.m. AGENDA INFORMATION SHEET AGENDA DATE: November 17, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne 349-8946 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of a concrete lined channel next to Duncan Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $187,497.97). BID INFORMATION This item is for the construction of a concrete lined drainage channel approximately 530 feet in length. The proposed channel is located west of Duncan Street between Smith Street and Teasley Lane. The proposed channel will connect to the culvert boxes which were recently built under Duncan Street as part of the improvements for that street. A line item description of the project cost is included in the Project Estimate Information Sheet (Exhibit 1). Bid 3516 is an annual contract to provide miscellaneous concrete related repair and for small construction projects. Council has stipulated that any projects costing $100,000 or more that are quoted through this bid must obtain separate Council approval. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Bid 3516 was originally awarded by Council on June 25, 2006 and has been renewed through June 25, 2010. RECOMMENDATION Approve the award of a contract with Floyd Smith Concrete, Inc. in the amount of $ 187,497.97. PRINCIPAL PLACE OF BUSINESS Floyd Smith Concrete, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This project will begin upon Council approval and is estimated to be completed within 60 days. Agenda Information Sheet November 17, 2009 Page 2 FISCAL INFORMATION This item will be funded from accounts 650037561.1360.40100. Requisition 96037 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Project Estimate Information Sheet Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 3516 Û¨¸·¾·¬ ï ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A CONCRETE LINED CHANNEL NEXT TO DUNCAN STREET; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3516-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, FLOYD SMITH CONCRETE, INC. IN THE AMOUNT OF $187,497.97). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3516 Floyd Smith Concrete, Inc. $187,497.97 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 3516 éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: November 17, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler 349-8044 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of infrastructure including a wheel and chassis undercarriage wash facility with associated storm water treatment facility to be located at the northeast corner of the City of Denton Landfill access road; providing for the expenditure of funds therefor; and providing an effective date (Bid 4377-awarded to the lowest responsible bidder meeting specification, Caliber Construction, Inc. in the amount of $423,462). (The Public Utilities Board recommends approval (6-0). BID INFORMATION The Landfill permit (Part IV, section 20.2) requires that the City mud onto Mayhill Road or Spencer Road. The City will remove mud from the paved on-site haul road and public roadways daily on days that mud is being tracked off site to prevent accumulation of mud and slippery condi For several years, Solid Waste Services has been using a water truck and manual labor to clean the roadways of mud and debris during inclement weather. This method is inefficient, time consuming, not cost effective, contaminates the on-site storm water, increases the cost of storm water detention pond and collection system cleanout and maintenance and contributes to pollution of Lake Lewisville. Therefore, staff developed a capital improvement project that included improvements to the Lstorm water management system with the addition of a storm water treatment unit incorporated into the design of the new wheel and chassis undercarriage wash system. It also included a water recycling process into the system to reduce the operating cost of the system. This multi-function system will provide heavy duty wheel and chassis undercarriage cleaning for on-road and off-road vehicles and heavy equipment as they leave the Landfill perimeter storm water management area. This cleaning system will remove the accumulation of mud and debris that adheres to the undercarriage, wheels and tires of vehicles and equipment during inclement reduce the build-up of silt and other pollutants in the on-site storm water collection system and detention ponds to reduce the frequency and cost of pond clean-outs. The water recycling portion of the system will reduce the use and cost of water used in the system. Trucks will drive through this system before going to the on-site truck wash to pre-clean the undercarriage and running gear of the heavy build-up of mud or dirt which will lessen the cost of grit trap clean out at the vehicle wash. Agenda Information Sheet November 17, 2009 Page 2 BID INFORMATION (CONTINUED) This capital project is separate from the heavy truck wash and car wash that will be located at the proposed new fuel station. The Purchasing Department mailed sixteen notices to vendors and six vendors picked up packets. A pre-bid meeting was held with two vendors in attendance. Only one bid was received. However, Caliber Construction, Inc. is a local vendor and a registered Historically Underutilized Business (HUB) registered with the State for Denton County. This contractor has been the primary contractor on a number of projects for the City. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its November 9, 2009 meeting. RECOMMENDATION Award to Caliber Construction, Inc. in the amount of $423,462. PRINCIPAL PLACE OF BUSINESS Caliber Construction Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This project will commence with a Notice to Proceed upon completion of the execution of contractual documents and delivery of completed bond documents with construction estimated to begin in December 2009. The construction is estimated to be completed within six months of Council approval. FISCAL INFORMATION The proforma included in Exhibit 4 shows operational costs, current annual road washing costs, reduced storm water system maintenance costs and reuse water savings. This project will be funded from account 660520592.1355.30100. Requisition 96348 has been entered in the Purchasing software system. Agenda Information Sheet November 17, 2009 Page 3 EXHIBITS Exhibit 1: Photos of Equipment Exhibit 2: Bid Tabulation Exhibit 3: Site Plan Exhibit 4: Pro forma Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit 1, page 1 Typical mud accumulation on rain days, even with water truck in operation Exhibit 1, page 2 Water truck, supplemented with manual labor to handle cleanup on days with heavy accumulation Exhibit 1, page 3 Vertical and horizontal cleaning nozzles to clean both the wheels and chassis undercarriage Exhibit 1, page 4 Low Pressure, High Volume Wheel Wash Exhibit1, page 5 Concentrates cleaning on both wheels and chassis undercarriage Exhibit 1, page 6 Typical site installation Exhibit 1, page 7 Pumps with special impellers, vibration reduction and guide rails for increased life, reduced lifecycle cost and ease of service Exhibit 2 BID # 4377 DATE: OCTOBER 8, 2009 WHEEL WASH SYSTEM EST. No.UOMDESCRIPTIONVENDOR QTY. CALIBER CONSTRUCTION Principle Place of Business:DENTON, TX 1Mobilization$13,326.00 1L.S. General Excavation, Hauling and 2300C.Y.$15,033.00 Stockpiling Supply and Install Wheel Wash 31L.S.$224,670.00 System and all Accessories Construct Reinforced Concrete Water Recycle Tank and 41L.S.$101,819.00 Reinforced Concrete Wheel Wash Base Construct 10" Reinforced 52,400S.F.$36,949.00 Concrete Paving 61L.S.Install Reuse Water Line$30,990.00 71L.S.Temporary Erosion Control$675.00 Total Base Bid $423,462.00 8 Bid Bond 9YES YES 10 Addendum #1 YES 11 Addendum #2 Û¨¸·¾·¬ í Exhibit 4, page 1 Wheel Wash Proforma Þ«¼¹»¬»¼ Ð®·½» üêìðôððð Þ·¼ Ð®·½» üìîíôìêî Û¯«·°³»²¬ Ð®·½» üîîìôêéð Í¬®«½¬«®» Ý±¬ üïçèôéçî É¿¬»® Ë»¼ °»® É¿¸ ø·² ¹¿´´±²÷ îë Î»«» É¿¬»® ø°®·½» °»® ¹¿´´±²÷ ü ðòððïíë ß²²«¿´ Û½¿´¿¬±® íû Cost per Wash 2011 2012 2013 2014 2015 Ì±¬¿´ Ó±²¬¸´§ É¿¸» ïôéìð ïôéçð ïôèìð ïôèçð ïôçìð Ì±¬¿´ ß²²«¿´ É¿¸» îðôèèð îïôìèð îîôðèð îîôêèð îíôîèð Ð®·½» °»® É¿¸ üîòçï üîòèì üîòéè üîòéî üîòêé Operating Revenues Î¿¬» Î»ª»²«» Ý±³°±²»²¬ üêðôêëçòïì üêïôïðèòéì üêïôìíêòìí üêïôééðòïê üêîôïïðòïî Î¿¬» Î»ª»²«» Ý±³°±²»²¬ üêðôêëçòïì üêïôïðèòéì üêïôìíêòìí üêïôééðòïê üêîôïïðòïî Operating Expenses Û¯«·°³»²¬ Ý±¬ øè Ç® à ëòððû÷ üíìôïíïòêë üíìôïíïòêë üíìôïíïòêë üíìôïíïòêë üíìôïíïòêë Í¬®«½¬«®» Ý±¬ øîð Ç® à ëòððû÷ üïëôéìíòîé üïëôéìíòîé üïëôéìíòîé üïëôéìíòîé üïëôéìíòîé ×²«®¿²½» üêððòðð üêïèòðð üêíêòëì üêëëòêì üêéëòíï Û´»½¬®·½·¬§üðòïë üíôïíîòðð üíôîîëòçê üíôíîîòéì üíôìîîòìî üíôëîëòðç Î»«» É¿¬»®üðòðí üéðìòéð üéîëòèì üéìéòêî üééðòðì üéçíòïë Ý¸»³·½¿´üðòïð üîôðèèòðð üîôïëðòêì üîôîïëòïê üîôîèïòêï üîôíëðòðê Ó¿·²¬»²¿²½» ¿²¼ Í»®ª·½» üðòîð üìôîëçòëî üìôëïíòíè üìôêíçòìë üìôéêëòëî üìôèçïòëç Ì±¬¿´ Ñ°»®¿¬·²¹ Û¨°»²» üêðôêëçòïì üêïôïðèòéì üêïôìíêòìí üêïôééðòïê üêîôïïðòïî Net Income ó ó ó ó ó Exhibit 4, page 2 Current Road Washing Costs Ì®«½µ ñ ¸±«® ü íîòðë Ú«»´ Ý±¬ ñ ¸±«® ü ïëòðð Ñª»®¸»¿¼ ú Ú®¿² Ú»» à îîû ü ïðòíë Þ¿»¼ ±² ¬®«½µ «¿¹» ±º Ì±¬¿´ Ì®«½µ Ý±¬ ñ ¸® ü ëéòìð ïëêð ¸® ñ §® Ú«´´§ ¾«®¼»²»¼ ¸±«®´§ Ø»¿ª§ Û¯«·° Ñ°»® ×× ñ Ø±«® ü íëòðð ®¿¬» Ú«´´§ ¾«®¼»²»¼ ¸±«®´§ Ú·»´¼ Íª½ É±®µ»® ñ Ø±«® ü îëòðð ®¿¬» Î±¿¼ É¿¸·²¹ ñ Ø±«® ü ïïéòìð Þ¿»¼ ±² ëîð ¸±«® ñ §»¿® º±® Î±¿¼ É¿¸·²¹ ñ Ç»¿® üêïôðìèòëî ®±¿¼ ©¿¸·²¹ Î»«» É¿¬»® Í¿ª·²¹ üîôïððòðð øÎ¿²¹»æ üïêðð ¬± üîëððñ§®÷ Í¬±®³©¿¬»® Í§¬»³ Ó¿·²¬»²¿²½» Ý±¬ üïìôìððòðð øÜ·¬½¸ ¿²¼ °±²¼ ½´»¿²±«¬÷ íðû ±º ¿²²«¿´ ½±¬ · ¿´´±½¿¬»¼ ¬± ¬¸· º«²½¬·±² ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ Ì±¬¿´ ß²²«¿´ ½±¬æ üééôëìèòëî Exhibit 4, page 3 Caliber Construction, Inc. Bid # 4377 Infrastructure & Wheel Wash System COST Total Ó±¾·´·¦¿¬·±² üïíôíîê Ù»²»®¿´ Û¨½¿ª¿¬·±² üïëôðíí Û¯«·°³»²¬ ¿²¼ ×²¬¿´´¿¬·±² ü îîìôêéð Ý±²½®»¬» É¿¬»® Ì¿²µ ú É¿¸ Þ¿» üïðïôèïç Ý±²½®»¬» Ð¿ª·²¹ üíêôçìç ×²¬¿´´ Î»«» Ô·²» ü íðôççð Û®±·±² Ý±²¬®±´ ü êéë Í§¬»³ Ì±¬¿´ üìîíôìêî Û¯«·°³»²¬ Ý±¬ üîîìôêéð Í¬®«½¬«®» Ý±¬ üïçèôéçî ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF INFRASTRUCTURE INCLUDING A WHEEL AND CHASSIS UNDERCARRIAGE WASH FACILITY WITH ASSOCIATED STORM WATER TREATMENT FACILITY TO BE LOCATED AT THE NORTHEAST CORNER OF THE CITY OF DENTON LANDFILL ACCESS ROAD; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4377-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, CALIBER CONSTRUCTION, INC. IN THE AMOUNT OF $423,462). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4377 Caliber Construction, Inc. $423,462 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 4377 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 November 9, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into a Closed Meeting on 7 Monday, November 9, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10 Chair Dick Smith, Bill Cheek, Phil Gallivan, Bill Grubbs, Barbara Russell, and 11 John Baines (arrived at 9:04 a.m.) 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent: 17 Randy Robinson, excused 18 OPEN MEETING: 19 20 ITEMS FOR INDIVIDUAL CONSIDERATION 21 : 22 23 5)Consider recommending approval of Bid #4377 for the construction of a wheel wash facility 24 to be located at the northeast corner of the landfill access road in the amount of $423,462, by 25 Caliber Construction, Inc., of Denton, Texas. 26 27 ACM Howard Martin called on Vance Kemler, General Manager, Solid Waste Services, to 28 present this item. Kemler stated that the facility is a capital improvement project and that Texas 29 Committee on Environmental Quality (TCEQ) permit modifications in 2009 requires the city to 30 control the tracking of dirt, mud and associated materials to prevent them from leaving the 31 facility. For several years Solid Waste Services has been using a water truck to clean the 32 roadways of mud and debris during inclement weather. Kemler stated that this method is 33 inefficient, time consuming, not cost effective, contaminates the storm water and contributes to 34 pollution of the watershed. Kemler then stated that staff developed a capital improvement 35 36 construction of a wheel wash wastewater treatment and recycling process and the construction of 37 a specialized, heavy duty wheel wash for on-road and off-road vehicles that leave the landfill. 38 This cleaning system will remove the accumulated mud and debris that adheres to the 39 undercarriage of vehicles and equipment during inclement weather in a more cost effective 40 -up of silt in the 41 on-site storm water detention ponds to reduce the frequency of pond clean-outs. The water 42 recycling portion of the system will reduce the use and cost of water. Trucks will drive through 43 this system before going to the on-site truck wash to pre-clean the undercarriage and running 44 gear of the heavy build-up of mud or dirt which will lessen the cost of grit trap clean out at the 45 vehicle wash. Kemler stated the wash is a high volume, low pressure wheel and under carriage 46 wash which is different from what is seen at car washes which is a high pressure, low volume 47 wash system. 48 Draft Minutes of the Public Utilities Board meeting November 9, 2009 Page 2 of 2 1 Board Member John Baines asked where the facility will be located. Kemler replied it will be 2 located across in the middle of the storm water perimeter ditch where one enters into the landfill 3 area. Baines then asked how long it is anticipated this wash to operate. Kemler replied in this 4 location approximately ten to fifteen years but that he expects it to last longer than that. 5 However, if the entrance to the scale house should be relocated there is the chance that it might 6 need to be moved. 7 8 Chair Dick Smith stated he is curious why high volume, low pressure works better. Kemler 9 replied the high pressure is more expensive in the way of equipment and operating cost and that 10 most of the accumulation on vehicles is liquid and if it were hard caked the high pressure low 11 volume system would not work. Chair Smith then asked about the timing of the project. Kemler 12 replied work would begin the first part of January 2010. Chair Smith then asked how long it 13 would take for construction of the facility. Kemler replied no more than forty-five days weather 14 permitting. 15 16 Board Member Bill Cheek asked what the initial cost estimated was. Kemler replied it was just 17 shy of $500,000. Chair Dick Smith asked if a fee would be charged. Kemler replied there will 18 be no fee because this is a state permit related item and charging a fee would incur expenses to 19 keep the road clean when drivers, not wanting to pay the fee, would bypass the wash which 20 would then create the opportunity for violations against the city. The wheel wash is a required 21 component when leaving the landfill site. Smith then asked would it not make sense to recover 22 some of the cost that way. Kemler replied staff would recover some costs through an operating 23 fee. 24 Board Member Barbara Russell moved to approve Item 5 with a second from Board 25 Member John Baines. The motion was approved by a 6-0 vote. 26 27 28 The meeting was adjourned by consensus at 10:38 a.m. 29 éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: November 17, 2009 DEPARTMENT: City Manager’s Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider approval of a resolution of the City of Denton, Texas adopting the City of Denton Handbook for Boards, Commissions, and Council Committees; and declaring an effective date. BACKGROUND: Prior to November 2006, the City Council had requested that staff prepare ordinances to formalize policies and procedures for each committee of the Council in order to provide consistency of practices throughout the council’s committee structure. At that time the staff was drafting individual ordinances for each committee. The City Manager requested that the Council allow him to delay the drafting of such ordinances in favor of addressing the practices in the form of a single, more comprehensive document that could be applied to all current and future City Council committees. The new document was also envisioned as compiling, again in one place, the Council’s expectations and procedural guidelines for Council appointed advisory boards and commissions. The purpose of the Handbook for Boards, Commissions and Council Committees is to consolidate basic information regarding boards, commissions, and council committees into one easy and convenient manual that will be provided to current appointees and used as a training tool for future appointees. Most of the material, policies and procedures in the handbook are taken from current code, ordinances, resolutions, administrative policy or the City Charter of which Council Members and Board, Commission and Committee members are already familiar. In the development of the handbook, some inconsistencies/conflicts between various codes, resolutions etc. were found that needed Council direction. In January 2008, the first draft of the handbook was shared with the City Council. Council was asked to provide direction regarding the conflicts and any additional comment and input that they may have. The direction and input resulted in several changes and modifications that have been incorporated into the handbook. A major objective of the effort has been to create a standard format for the creation of Council Committees because inconsistencies were found in the method of creation of the committees. Some committees were formed by resolution, some by ordinance and others by minute order. Duties and responsibilities of the committees, Council representation on the committees, and selection of committee chairs also varied in the creation documents. On June 16, 2009, the City Council approved Resolution No. R2009-015 re-establishing all Council committees with the exception of the Agenda Committee which will remain as a creation of the Rules of Procedure adopted by ordinance, and the Investment Committee, the duties of which were consolidated into the Audit/Finance Committee. The resolution accomplished the following: re-established all existing City Council Committees (except the two mentioned above) to include three (3) members outlined the duties and purpose for each committee established membership and chairmanship selection of each committee provided for ex-officio members effectively repealed previous resolutions establishing City Council Committees On July 21, 2009, City Council held a Work Session discussion regarding Ordinance No. 2008- 159 amending Section 2-29 of the City Code relating to Rules of Procedure for the City Council. As a result of Council’s prior review of the draft handbook and the changes approved as to the formation of Council Committees, the Council Rules of Procedure required updating to accurately reflect current Council procedure. Initially, staff focused on Section 8. Creation of Committees, Boards and Commissions to make certain that the manual accurately reflected Council’s approved procedures. During the review, other areas of the ordinance were found to be too specific as to time and order of business or in need of clarification or updating due to legislation changes. On August 4, 2009, the City Council adopted Ordinance No. 2009-174 amending Section 2-29 of the City Code relating to Rules of Procedure for the City Council. The draft handbook was reviewed by City Council at their Work Session of November 3, 2009. A chart of the Recommended Changes is attached (Attachment A). All recommended changes have been incorporated in the draft handbook. The Legal Department has reviewed the handbook. RECOMMENDATIONS: Staff recommends approval of the resolution adopting the handbook incorporating the suggested changes. PRIOR ACTION/REVIEW (Council, Boards, Commission): City Council reviewed the draft handbook in January 2008, approved Resolution No. R2009-015 re-establishing all of the Council Committees except for the Agenda Committee which is a part of the Council Rules of Procedure and the Investment Committee whose duties have been incorporated into the Audit/Finance Committee, and adopted Ordinance No. 2009-174 amending Section 2-29 of the City Code relating to Rules of Procedure for the City Council. Council reviewed the entire draft handbook at their meeting of November 3, 2009. 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XVI, §1(b), amended 2001) I, _____________________, do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. __________________________________________________ Affiant's Signature ___________________________ Denton, Texas Position to Which Elected/Appointed City and/or County SWORN TO and subscribed before me by affiant on thisday of _________ _____________________, __________. _______________________________________________________ Signature of Person Authorized to Administer Oaths/Affidavits ______________________________________ _________________________________________ Printed Name Title Form No. 2201 (Seal) ïë Ì¸» Ý·¬§ ±º Ü»²¬±²ô Ì»¨¿ ÑßÌØ ÑÚ ÑÚÚ×ÝÛ 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¿°°±·²¬»¼ ¾§ ¬¸» Ü»²¬±² Ý·¬§ Ý±«²½·´ò Ý·¬§ Ó»³¾»®¸·° Ì©± ®»°®»»²¬¿¬·ª» ¿°°®±ª»¼ ¾§ ¬¸» ½·¬§ ½±«²½·´ ©¸± ³¿§ô ¾«¬ ²»»¼ ²±¬ ²»½»¿®·´§ ¾»ô ³»³¾»® ±º ¬¸» ½·¬§ ½±«²½·´ ¿²¼ñ±® ¬¸» Ð«¾´·½ Ë¬·´·¬·» Þ±¿®¼ Ð«®°±» ß·¬ ·² »¬¿¾´·¸·²¹ °±´·½·»ô »¬¬·²¹ ®»¹«´¿¬·±²ô ¿²¼ ±ª»®»»·²¹ ¬¸» ¿¼³·²·¬®¿¬·±² ¿²¼ ³¿²¿¹»³»²¬ ±º ¬¸» ¿¹»²½§ ¿ ©»´´ ¿ ¿°°®±ª·²¹ ¿²¼ ¿«¼·¬·²¹ ¬¸» ¾«¼¹»¬ò ëí ëì ëë ëê ëé ëè ëç êð êï êî êí êì êë êê êé êè êç éð éï éî éí éì éë éê éé éè éç èð èï èî èí èì èë AGENDA INFORMATION SHEET AGENDA DATE: November 17, 2009 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. BACKGROUND On September 1, 2009, the Denton Central Appraisal District (DCAD) requested nominations to their Board of Directors from taxing jurisdictions in the district. The current DCAD Board Members include Rick Woolfolk (Denton), Lee Baker (Flower Mound), Pearl Ford (Roanoke), Doug Killough (Lewisville), and Charles Stafford (Denton). The number of votes a taxing unit has is determined by their proportional share of the total levy in the district from the prior tax year. There are a total of 5,000 votes throughout the district. One thousand votes are the maximum number needed to elect a local representative/nominee to the Board of Directors. This year, the City has 190 votes and DISD has 620 votes. On October 6, 2009, the City Council of the City of Denton, Texas, nominated Rick Woolfolk and Charles Stafford to serve on the DCAD Board of Directors. These two individuals were also nominated by the Denton Independent School District (DISD). On October 26, 2009, DCAD sent a memo (attached) to the City listing the candidates nominated by the taxing jurisdictions and nominee information. Votes must be reported to DCAD by December 15, 2009. In prior years, DISD and the City have spread their votes between nominees. As such, the proposed resolution allocates 95 votes each to Rick Woolfolk and Charles Stafford. The Council however, can cast their votes for any candidate of their choosing. SCHEDULE Applies only to every other year: Prior to Oct. 1 - DCAD notifies taxing entities of the number of votes they are entitled to cast for appropriating board members. Prior to Oct. 15 - Nominations for DCAD Board of Directors are submitted to DCAD by each jurisdiction (via resolution). Prior to Oct. 30 - DCAD compiles comprehensive list of nominees and forwards list to each taxing unit in ballot forms. Agenda Information Sheet November 17, 2009 ovem Page 2 th Prior to Dec. 15 - Taxing units choose by written resolution a candidate(s). Name(s) of candidate(s) are submitted to DCAD along with the number of votes for each candidate. st Prior to Dec. 31 - DCAD tabulates votes and forwards results to taxing units. The five (5) candidates with the most votes become the Board of Directors as of January 1. Eligibility Guidelines: The selection process is set forth in Section 6.03 of the Property Tax Code. This process unique to the property tax system. An appraisal district director must reside in the appraisal district for at least two (2) years immediately preceding the date he or she takes office. Most residents are eligible to serve as a director. Most residents are eligible to serve as a director. An individual that is serving on the governing body of a city, county, or school district is eligible to serve as An employee of a taxing unit served by the appraisal district is not eligible to serve as a director. However, if the employee is an elected official, he or she is eligible to serve. A statute relevant to the Board selection process prohibits nepotism and conflict of interest for appraisal district directors and chief appraisers. In summary, the law states that: rson may not serve as director if closely related to anyone in the appraisal district or if related to anyone who represents owners in the district, or if the person has an interest in a business that contracts with the district or a taxing unit. A chief appraiser may not employ someone closely related to a member of the b EXPERIENCE In considering individuals to serve as directors, taxing units should look for expertise in such areas as accounting, finance, management, personnel administration, contracts, computers, real estate or taxation. Historical involvement in local government activities also indicates that someone should make an excellent Board member. Agenda Information Sheet November 17, 2009 Page 3 FREQUENCY OF MEETINGS The applicable statutes require the board of directors to meet not less often than once each calendar quarter. The DCAD Board meets more often than is required by law. FISCAL INFORMATION There is no fiscal impact to the City of Denton. EXHIBITS DCAD Memo Resolution Respectfully submitted: Bryan Langley Director of Finance éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: November 17, 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 authorizing an agreement between the City of Denton, Texas and Denton Holiday Lighting Association to assist with the cost of the Holiday Lighting Festival and the maintenance and replacement of holiday lights; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $700 ( Mayor Mark Burroughs, $100; Mayor Pro Tem Pete Kamp, $100; Council Member Charlye Heggins, $100;Council Member Dalton Gregory, $100; Council Member Chris Watts, $100; Council Member Jim Engelbrecht, $100 and Council Member Joe ) from Council Contingency Funds. Key provisions of the agreement include: Mulroy, $100 Funds shall be used by the Denton Holiday Lighting Association to assist with the cost of the Holiday Lighting Festival and the maintenance and replacement of holiday lights. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ CITY OF DENTON CITY COUNCIL MINUTES October 6, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 6, 2009 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Heggins, Council Member Mulroy, and Council Member Watts. ABSENT: None. 1. Receive training on the Granicus voting system in the City Council Chambers. Council and staff moved to the Council Chambers at 4:05 p.m.to receive training on the Granicus voting system and returned to the Work Session at 4:50 p.m. 2.Requests for clarification of agenda items listed on the agenda for October 6, 2009. Mayor Burroughs stated that Consent Agenda Item 3C dealt with an annual bid award for heavy equipment. He asked about how the bids were awarded in terms of lowest bidder and the 5% local preference. Tom Shaw, Purchasing Agent, stated that the 5% local preference was arbitrary if awarded and was based on economic contributions. The bid specification indicated that if a bidder wanted to be considered for the 5% preference, he needed to supply the requested information. In this case, the bidder that received the award, provided that information while the other bidders did not. Those that did not supply that information did not give a justification. Mayor Burroughs stated that at some point he would like review the criteria for economic contributions. Shaw stated that a past council had requested that whenever the local preference applied, staff was to bring that item to Council with an ordinance showing the preference. Mayor Burroughs stated that a second issue dealt with an award not going to the lowest bidder. Shaw stated in that award, the bidder did not meet the specifications and quoted different specifications for the items. Staff reviewed the items side by side and determined that the bidder had failed to meet the required specifications. 3.Receive a report, hold a discussion and give staff direction regarding the 2010 City Council meeting schedule. City Secretary Walters presented the draft schedule to the Council. Consensus of the Council was to proceed with the schedule as presented. City of Denton City Council Minutes October 6, 2009 Page 2 4.Receive a briefing and hold a discussion regarding Texas annexation procedures in accordance with Texas Local Government Code. The briefing and discussion will include the requirements of (1) a 3-year Annexation Plan; (2) an Inventory of Services and Facilities; (3) a 2½-year Service Plan; and (4) Development Agreement for land appraised for agricultural land use. Mark Cunningham, Director of Planning and Development, stated that on September 1, 2009 Council directed staff to proceed with the process of annexing 18 areas totaling approximately 9,035 acres of land. The 18 areas were identified as PAA1, PAA2S, PAA3, PAA4, and DH1-14. DH7 and 12 contain 348 and 382 separate tracts of land with one or more residential dwellings while DH9 contained 99 such tracts. These tracts would need to be included in a 3-year Annexation Plan. The purpose of the Plan would be to clearly state the City's intent with respect to future involuntary annexations. These annexations may not occur before the 3rd anniversary of the date the Annexation Plan was adopted. Written notice within 90 days after the date the Annexation Plan was adopted must be given to each property owner in the affected area, each public entity or private entity that provided services in the area, each railroad company that served the municipality and the DISD. The Annexation Plan must be posted and maintained on the City’s Internet website until the date the areas were annexed. The annexation of DH7, 9, and strd 12 must be completed before the 31 day after the 3 anniversary of the date the area was included in the Annexation Plan. City Manager Campbell stated that once an area was in the Plan for 3 years, it had to be annexed within 30 days after the 3 years or lose the opportunity for annexation for 5 years. Cunningham stated that some procedures would stay the time during the annexation period such as legal action. This only applied to the areas in the annexation plan. Mayor Pro Tem Kamp stated that assuming everything would be in place, could the public hearings be done during the three year period. Cunningham replied that all that would have to be done after the 3 year period would be the actual annexation in that 30 day period. Areas outside the annexation plan would have to be annexed within 90 days after the first reading. Mayor Burroughs asked if the first reading were completed but nothing more in the process, what would happen. Cunningham stated that the annexation process would have to be started over but there would be not delays such as the five year delay. As part of the process, the City would have to compile a comprehensive inventory of services and facilities provided by public or private entities in area proposed for annexation. This would be done after adoption of the Annexation Plan. A written request would also have to be sent to all public and private service providers indicating a list of services provided and the method of service delivery. The inventory had to address utilities, roads, engineering reports, a summary of capital, operational and maintenance expenditures for that infrastructure. Police, fire and emergency medical services must provide an average dispatch and delivery time, a schedule of equipment including vehicles, a staffing schedule that disclosed certification and training levels of personnel. Public or private entities must provide City of Denton City Council Minutes October 6, 2009 Page 3 the information no later than 90 days after the date of the request. The City must complete the inventory within 60 days. The City could monitor the services provided in an area proposed for annexation and verify that the services were being provided. Service Plan - by the end of the 9th month the City must have completed a service plan which would address how to provide full municipal services to the annexed areas. Services must be provided within 2 1/2 years after the effective date of the annexation. The service plan may not required the creation of another political subdivision, require a landowner in the area to fund the capital improvement, provide services in the area in an manner that would have the effect of reducing by more than a negligible amount the level of fire, police protection or EMS provided within the city municipality before annexation. If the area annexed had a level of service lower than that which was provided within the city boundaries before annexation, the Service Plan must provide a comparable level of services. If the annexed area had a level of services, infrastructure, and infrastructure maintenance that was equal to that which was provided within the city boundaries before annexation, the Service Plan must maintain that same level of services. Council Member Engelbrecht asked who determined the area for comparison in the city. Cunningham stated that the Local Government Code did not specifically say but staff felt it would be best to use land use, topography, and population. If the annexed area were a rural area it would be treated the same as another rural area. The Service Plan was a contract and not subject to amendment or repeal except if done through a public hearing. The Plan could be amended but the standards could not be lowered. An amended service plan must provide for services that would be comparable to or better than those established in the Service Plan before amendment. If something changed in the 3 year process the Service Plan could be upgraded but the standards could not be lowered. Immediate Services – police, fire, EMS, solid waste collection and the operation and maintenance of water and wastewater facilities, operation and maintenance of roads and streets, operation and maintenance of parks, playgrounds, and swimming pools were services which had to be provided on the effective date of the annexation. Required Negotiations – The city had to negotiate with the property owners of the area included in a 3-year Annexation Plan for the provision of services. If the residents did not agree with the service plan, the Denton County Commissioners Court would select 5 representatives to negotiate with the City for the provision of services. If no agreement could be reached through negotiations, the issue would go before an arbitrator. If the City did not agree with the decision of the arbitrator, it would have to wait 5 years from date of the decision before annexing the area. Development Agreement - if areas proposed to be annexed were assessed as agricultural use, wildlife or timberland harvest, the City would have to offer an agreement before annexing. The agreement could not extend beyond 15 years and allowed for extensions but not longer than 45 years. Mayor Burroughs stated that the City did those types of agreements long before the legislature provided for them. City of Denton City Council Minutes October 6, 2009 Page 4 Cunningham continued that once an agreement was reached, if the property owner filed any type of subdivision plan or development agreement, the agreement would be void and the City could proceed with a voluntary annexation. The development agreement was not a permit under the Vested Rights Act. The upcoming 2010 census plus the proposed annexations will likely cause the redrawing of the council districts. It will be necessary to get the annexations completed so the new city boundaries would be established before the next city council election. He noted that a family farm meant areas assessed by the Appraisal District for tax purposes as agricultural land use. Council Member Gregory requested information on determining all the costs for the City to fulfill the requirements for the proposed annexations. Cunningham noted that there would be a meeting later in the month with various departments to determine those costs. Council Member Engelbrecht stated that a careful analysis would have to be done of personnel needed for police and fire. Cunningham stated that all the research and ground work would be done up front and staff would bring back from a budgetary prospective a realistic picture of the challenges for the annexations. 5.Receive a report, hold a discussion and give staff direction regarding the release of the City of Denton Extra Territorial Jurisdiction (ETJ) to the City of Pilot Point. Howard Martin, Assistant City Manager, stated that the City Manager of Pilot Point had requested a meeting to discuss potential overlapping of existing City of Denton ETJ with Pilot Point’s ETJ now that Pilot Point was transitioning to a home rule city. Pilot Point was interested in Denton releasing ETJ in areas around Pilot Point based on Denton’s intent to provide services to the area. This area was generally north of FM 455 and east of Lake Ray Roberts. Points to consider with the request included: (1) a general policy of “no net loss of ETJ”, (2) the area was beyond the current water and wastewater service boundaries for Denton, (3) the area was outside any meaningful planning boundary in the Denton Comprehensive Plan, (4) the City owned park property and recreational facilities in the area of Lake Ray Roberts, (5) in some areas, Pilot Point was already providing water service to areas outside the existing city limits, and (6) existing Denton boundaries in this area were difficult to identify. Staff was recommending releasing a portion of Denton’s ETJ area north of FM 455 and east of Lake Ray Roberts. If Council agreed with that proposal, staff would move forward to work with Pilot Point and develop a mutual agreement for Council to consider. Mayor Pro Tem Kamp questioned what would be the net loss. Martin replied that there would be about 1000 acres of overlap but the key consideration was the park facility outside Denton's ETJ. Staff would work with Pilot Point so that the boundaries around the park area would be in Denton’s ETJ. Mayor Pro Tem Kamp stated that there were no future plans for water/wastewater in that area. City of Denton City Council Minutes October 6, 2009 Page 5 Martin stated that there were no plans to go outside the City’s established CCN. Consensus of the Council was to proceed as recommended by staff. 6.Receive a briefing and hold a discussion regarding the purpose and goals of the Neighborhood Empowerment Summit to be held Saturday, October 24, 2009 at the Civic Center, 321 E. McKinney. Katia Boykin, Senior Planner, stated that a neighborhood empowerment summit was a first initiative in community planning. The purpose of a summit was to provide education, leadership development and civic empowerment to community leaders, grassroots organizers, and the citizens at large. The summit was designed to equip residents in performing the tasks necessary to be their own agent to effect positive change in their respective neighborhoods. Overall CDNPP issues included (1) neighborhood organizations could have a lack of purpose, vision, mission and leadership; (2) the City could lack credibility with neighborhood organizations, (3) new employees might have inadequate knowledge of city functions, and (4) budgetary limitations. The workshop would assist in recruiting and maintaining members; community building; planning neighborhood projects; provide nuts and bolts of an effective neighborhood watch program; assist with neighborhoods influencing decision-making; help provide for grants and grassroots fundraising; and show that youth and seniors were assets in community building. Some expected outcomes of the summit included develop neighborhood partnerships and/or collaborations; cultivate city credibility; and assist in assembling a complete neighborhood association, Homeowner’s Association and Tenant Association database. Post summit activities and future expectations were also discussed. The Council went into Closed Session at 6:10 p.m. 1.Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071; and Deliberations regarding Real Property - Under Texas Government Code Section 551.072. 1. Discuss, deliberate, and receive information from staff and provide staff with direction regarding the valuation and possible acquisition of fee title to a 15.85 acre tract of land situated in the T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, said tract to be acquired for municipal purposes. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of fee title to the 15.85 acre tract, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. B. 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 Minutes October 6, 2009 Page 6 Council Member Gregory motioned, Council Member Mulroy seconded that it was appropriate for Council to meet in Closed Session under the Public Power Competitive Exception. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. 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 Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261st 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 pending in the 506th 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. 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. D. 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 City of Denton City Council Minutes October 6, 2009 Page 7 Disciplinary Rules of Professional Conduct of the State Bar of Texas. Regular meeting of the Denton City Council on October 6, 2009 in the City Council Chambers. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Heggins, Council Member Mulroy, and Council Member Watts. ABSENT: None. 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." The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 1.Fire Prevention Week 2.National Arts and Humanities Month Mayor Burroughs presented proclamations for Fire Prevention Week and National Arts and Humanities Month. 3.CONSENT AGENDA Mayor Burroughs indicated that Speaker Cards were submitted for the Consent Agenda. Bob Clifton spoke in opposition to Items E, K, and O. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. Approved the Parks, Recreation and Beautification Board’s recommendation. A. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to select artist George Cadell’s sculpture Harmony as public art for the City of Denton. The City of Denton City Council Minutes October 6, 2009 Page 8 sculpture will cost $27,900 and will be paid from the 2010 Hotel/Motel Occupancy Tax (HOT) funds. The Parks, Recreation and Beautification Board recommends approval (4-0). Approved the Parks, Recreation and Beautification Board's recommendation. B. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to select two black and white Flowing Light Images by artist Carlotta Corpron as public art for the City of Denton. The photographs will be funded from a preexisting trust account designated for art in the Denton Municipal Complex (DMC), which is currently named City Hall East. The Parks, Recreation and Beautification Board recommends approval (4-0). Ordinance 2009-242 C. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4373-Annual Contract for Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $750,000). Ordinance 2009-243 D. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, aggregate and lime for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4375- Annual Contract for Soil, Sand, Aggregate and Lime awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $2,000,000). Ordinance 2009-244 E. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the installation of roadway pavement markings for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4383-Annual Contract for Installation Roadway Pavement Markings awarded to Striping Plus, Inc. in the annual estimated amount of $204,450). Ordinance 2009-245 F. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board contract #281-07 for the acquisition of a bucket truck with aerial device for the City of Denton Electric Substation department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4413-Purchase of Bucket Truck With Aerial Device awarded to Southwest International Trucks in the amount of $134,503). The Public Utilities Board recommends approval (4-0). Ordinance 2009-246 G. Consider adoption of an ordinance of the City of Denton, Texas approving change order seven and amendment to a professional service agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002, extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City of Denton City Council Minutes October 6, 2009 Page 9 City and expend funds authorized by the change order; and providing for an effective date. (File 4155-in an amount not to exceed $126,000). The Mobility Committee recommends approval (2-0). Ordinance 2009-247 H. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of a second Analog SMARTNET Simulcast System from Motorola, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas local government code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4404-Purchase of Motorola Two Site Simulcast System for Denton Municipal Electric in the amount of $2,615,550). Ordinance 2009-248 I. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Fort Worth Drive Substation for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4356-awarded to the lowest responsible bidder meeting specification, MasTec North America, Inc. in the amount of $872,000). The Public Utilities Board recommends approval (5-0). Ordinance 2009-249 J. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of tire repair and tire changing services for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4385-Contract for Tire Repair and Tire Changing awarded to Briscoe Tire Inc. in the annual estimated amount of $200,000). Ordinance 2009-250 K. Consider an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with certificates of obligation with an aggregate maximum principal amount equal to $1,579,614 so that General Fund vehicles and equipment may be purchased, and providing an effective date Ordinance 2009-251 L. Consider adoption of an ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the possession and consumption of alcohol in Quakertown Park and buildings situated therein; providing a severability clause, a penalty clause and an effective date. The Parks, Recreation and Beautification recommends approval (4-0). Ordinance 2009-252 M. Consider adoption of an ordinance approving the "Amendment to Municipal Maintenance Agreement for the furnishing, installing, operation and maintenance of cameras on state highway rights-of-way to monitor compliance with traffic control signals" entered into by and between the City of Denton, Texas and the State of Texas, acting by and through its City of Denton City Council Minutes October 6, 2009 Page 10 Texas Department of Transportation; providing the City Manager with authority to execute said agreement and to carry out the rights and duties of the City regarding said agreement; and providing an effective date. Ordinance 2009-253 N. Consider adoption of an ordinance approving the Municipal Maintenance Agreement regarding the Assistance of the State of Texas in the maintenance and operation of state highways within the city limits of the City of Denton, Texas by and between the City of Denton, Texas and the State of Texas, acting by and through its Texas Department of Transportation; providing the City Manager authority to carry out the rights and duties of the City regarding said agreement; and providing an effective date. (traffic control maintenance) Ordinance 2009-254 O. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a third amendment to agreement for professional legal services with the law firm of Walker Sewell, LLC for professional legal services relating to litigation styled: ex parte Texas Municipal Power Agency, Cause No. D-1-GN- 08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; ex parte Texas Municipal Power Agency - II, Cause No. D-1-GN-08-3693, pending in the 261st Judicial District Court in and for Travis County; and the litigation styled Texas Municipal Power Agency, Plaintiff vs. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff; vs. City of Denton, Texas and the City of Garland, Texas, Third- Party Defendants, Cause No. 28169, pending in the 506th Judicial District Court in and for Grimes County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (5-0). Ordinance 2009-255 P. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional and personal services agreement with KEMA, Inc., a corporation for examining for TRE/NERC regulatory compliance of the Denton Municipal Electric System; authorizing the expenditure of funds therefor in the amount not to exceed $169,580; and providing an effective date (File No. 4412). The Public Utilities Board recommends approval (5-0). Approved the minutes noted. Q. Consider approval of the minutes of: August 18, 2009 September 1, 2009 September 2, 2009 September 15, 2009 Resolution 2009-036 R. Consider approval of a resolution approving the recommendation (2-0) of the Mobility Committee appointing Council Member Gregory as the City’s representative to the Tarrant Regional Transportation Coalition (TRTC); and providing for an effective date. City of Denton City Council Minutes October 6, 2009 Page 11 4.PUBLIC HEARINGS A.Hold a public hearing and consider adoption of an ordinance granting approval of the use of a portion of Carl Young, Sr. Park and Woodrow Lane Park for the purpose of an underground public utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a public utility easement; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (4-0.) Bob Tickner, Parks Plan Administrator, stated Denton Municipal Utilities had requested use of a portion of parkland in the Carl Young, Sr. Park and Woodrow Lane Park to replace an aging existing sewer line. Under Chapter 26 of the Texas Parks and Wildlife Code, a public hearing must be held to determine that there was no feasible and prudent alternative to the use or taking of the land. Staff plus the Parks Board had recommended approval. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed public hearing. The following ordinance was considered: NO. 2009-256 AN ORDINANCE GRANTING APPROVAL OF THE USE OF A PORTION OF CARL YOUNG, SR. PARK AND WOODROW LANE PARK FOR THE PURPOSE OF AN UNDERGROUND PUBLIC UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE Council Member Mulroy motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. 5.ITEMS FOR INDIVIDUAL CONSIDERATION A.Tabled - 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 recommends approval (3-0). (Tabled from March 3, 2009) This item remained on the table. City of Denton City Council Minutes October 6, 2009 Page 12 B.Tabled - 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 Commission recommends approval (4-0). (Tabled from July 21, 2009) Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to remove the item from the table. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. Mark Cunningham, Director of Planning and Development, stated that this request was for a specific use permit for gas well drilling in the proposed Town Center of Rayzor Ranch. The current zoning was NRMU and gas wells were permitted in the zoning category with a specific use permit. The proposal had been reviewed by the Development Review Committee and the Planning and Zoning Commission with recommendations for approval subject to conditions. The conditions had changed since the printing of the agenda materials. The current conditions were developed by staff after reviewing the noise level study and management plan recently submitted by the applicant. The conditions included (1) approval of the SUP would not grant any waiver to the overlay conditions approved with Ordinance No. 2008-284; (2) the operator of the gas wells shall install a limestone screening and security fence around the site with an access gate on the northern wall, as well as a type “D” vegetative buffer on the portion of the site along Bonnie Brae Road, (3) the screening fence and type “D” buffer shall be constructed within 30 days after drilling operations were complete or planted during the first dormant season after drilling if approved by the City Landscape Administrator, (4) if screening or landscaping was damaged or removed during fracturing or refracturing operations, the operator of the gas well would be responsible for replacing the damaged or removed portions of the landscaping, (5) the site plan submitted shall guide development of gas wells on the site, (6) the maximum permissible ambient noise level shall not exceed 79 db as measured 300 feet from the drill site, (7) if the operator was in compliance with the approve noise plan and a violation occurred, a 24 hour of notice to correct would be issued before a citation was issued with additional extensions granted if the source could not be identified, (8) the operator shall instruct and ensure that employees involved in the operation of the gas wells park on site only, (9) prior to drilling, a sound barrier would be installed along the perimeter of the 3-acre site at a minimum of 14 feet high except for a 30' security gate and fence, (10) the operator would monitor the site daily to ensure noise levels did not exceed 79 db as measured 300 feet from the boundary of the drill site, (11) the operator shall install and utilize an atmosphere monitor during drilling to detect the accumulation of any hydrocarbon gases at or above the lower explosive limit, (12) ingress/egress in and out of the gas well site would be restricted to the hours of 8:00 am to 5:00 p.m. Monday through Friday and 11:00 am to 5:00 p.m. on Saturdays and Sundays, (13) drilling, fracturing of all the five gas wells will be completed within two years from the date actual drilling was started on the first well, (14) gas well operations will incorporate the best practices recommended in the letter dated July 8, 2009, (15) violation of above conditions will be cause for revocation of the SUP, (16) the operator shall use a closed loop mud system during drilling operations, (17) City of Denton City Council Minutes October 6, 2009 Page 13 directional lights shall be optimized to minimize disturbance of residential neighbors to the east of the site, and (18) flaring will be done 8:00 am-5:00 pm Monday through Friday and 11:00 am to 5:00 pm on Saturdays and Sundays. Jerry Drake, Deputy City Attorney, stated that an additional condition was that the operator would utilize best efforts to obtain access to and from the gas well site from the west, through the Allegiance property, to the proximity of IH-35 and Scripture Road and the operator would promptly notify the city of its inability to obtain such access. Council Member Gregory asked that the condition regarding the air quality monitoring be read again. He asked if some type of notification was required if the level went above the acceptable limit. Cunningham stated that the operator would have to cease operation until the reading went below that level. Council Member Gregory asked if a condition could be added to specify some type of notification. Drake stated that language could be added to cease operations or notify the City when that limit was reached. Council Member Gregory felt that such language was needed but he wanted to discuss with Range if the technology was available for continuous testing and notification. Mayor Burroughs asked if the term should be “accumulation of hydrocarbon gases” or the “emission of hydrocarbon gases”. Drake replied that Mr. Poole from Range would be better equipped to answer that question. Council Member Watts questioned the condition dealing with a violation of the noise management plan in conjunction with the last condition dealing with violation of any of the conditions would be cause for revocation of the SUP. He felt those two conditions might be in conflict because one issued a citation and the other was cause for revocation. He questioned what kind of monitoring mechanism would be in place such as a complaint driven procedure and who would determine whether the SUP was to be revoked. There seemed to be an inconsistency in the violation procedures. Cunningham stated if there was a violation, the City would act in good faith to try to render the violation. The SUP could be revoked but it was not the first option or first action. The operator would be given a chance to correct the violation. Council Member Watts questioned if the flaring noise would automatically exceed the noise limitations and if, so, how that would be rectified. Mayor Pro Tem Kamp asked for the hours for the flaring. City of Denton City Council Minutes October 6, 2009 Page 14 Cunningham stated that the flaring hours would be 8:00 a.m.-5:00 p. Monday through Friday and 11:00 a.m.-5:00 p.m. Saturday and Sunday. Mayor Pro Tem Kamp asked about the surface use road through the property. Drake stated that the operators would use their best efforts to obtain access to and from the gas well site from the west, through the Allegiance property, to the proximity of IH-35 and Scripture Road. He noted that the wording of the violation could be changed to read “violation could be cause for prosecution or revocation of the SUP”. In terms reaching the lower limit of the hydrocarbons, he noted that Council could add “operator shall _________ within ____ hours of receiving such detection”. Mayor Burroughs requested an addition to Condition (19) indicating that failure to obtain the access shall be reported promptly to the City prior to the institution of drilling operations. Council Member Mulroy suggested using the proximity of IH-35 and Scripture Road instead of just IH-35. He also suggested changing the wording regarding the hydrocarbons reaching the unacceptable limit to notify the Fire Department to abate the condition within 48 hours or cease operation. Council Member Watts requested that during the public comments staff prepare the conditions for Council. Council Member Engelbrecht requested that the height specification of the screening fence be set at a minimum of 8'. He did not like the idea of waiting 24 hours to abate the condition of being over the limit for hydrocarbons. He suggested that the Fire Department be notified and drilling be shut down immediately if over the limit. Council Member Mulroy stated that during drilling there might be ancillary emissions and collection of fumes and suggested that the operator be given time to abate it otherwise there might be a disincentive to accurate reporting. Not have an immediate shut down unless there was a major threat. Council Member Gregory expressed a concern that Council did not know enough technical knowledge on the subject to craft wording that was appropriate. City Attorney Burgess stated that staff was taking the concerns expressed by Council and crafting language that was enforceable but language that did not create a situation where it would be impossible for the operator to operate his business. On the operational side it might be necessary to have help to craft language that would be appropriate and legitimate and be in good business practices in this industry. Mayor Pro Tem Kamp stated that the special use permit would be in addition to the Texas Railroad Commission and TCEQ requirements. Council Member Mulroy suggested simplifying the language to trigger notification of the Fire Marshal and the corrective action should be defined by the Fire Marshal’s office. Third party input could then be obtained if necessary. City of Denton City Council Minutes October 6, 2009 Page 15 David Poole, Range Production Company, stated that they were disappointed that they were not able to secure an alternate site from Allegiance. They were aware of the conditions imposed and felt that they could conform to those conditions. Mayor Burroughs asked if the accumulation of explosive levels of gases was regulated by the State. Poole replied not at the level of concern as he understood from the Council. There were some instances during drilling when there may be some gas levels but it was the accumulations at the lower level that would prompt action to remedy the situation. Mayor Burroughs stated that in the drawing of the well sites, it appeared that the wells were towards the center of the site. He questioned if the wells could be moved to the western most edge of the site. Poole felt that the wells would be located in center of site and that they would give up part of the site during the drilling which was on the western side. Mayor Burroughs felt that the more favorable side to push the physical locations of the wells would be to the west. Giving up land on the west would be no good. He suggested within the 3 acre site to move the wells towards the western edge. Mary Patton, Regulatory Manager for Range, stated that the pad site was 3 acres and they were giving up the western one acre back to Allegiance so there would be no room to move the wells to the west. Poole stated that they needed room around the well heads for equipment but would try to move some to the west. Mayor Burroughs stated that even a 50 or 100 foot move would make a difference. Council Member Mulroy requested a scaled site plan to review prior to a vote on the issue. Council Member Heggins asked if there were known health risks for living too close to a drill site. Poole replied that he was not aware of any known health risks. Mayor Pro Tem Kamp stated that Exhibit 6 in the backup materials was the site plan and it showed the wells closer to eastern side than on center. Poole stated that they would try to flip the site but he was not sure how the other areas of Rayzor Ranch would be developed. Council Member Watts asked if Poole knew the decibels of the flaring. City of Denton City Council Minutes October 6, 2009 Page 16 Poole stated that he did not know but it was their expectation to comply with the noise limitation to all of the operations inclusive of flaring. They would look for equipment to minimize the noise of the flaring and other options to reduce noise. Council Member Gregory stated that he had previously asked for information from Poole regarding air monitoring but did not recall getting any of that information. He wanted to be sure to follow up on that information and asked for a time line for a follow-up. Poole apologized to the oversight and stated that he would be glad to commit to a time line to respond and should be able to follow up with the Planning staff within two weeks from today. Council Member Mulroy stated that it was difficult to see the dimensions shown on the site plan. He offered an additional condition that the well bores be located within the western most north south configuration allowable by the permitting process and Railroad Commission. Poole stated that he felt the condition would be to optimize the well heads as far to the west as possible. Council Member Engelbrecht asked about the maximum number of storage tanks with each well and where they would be located. Poole stated that there would be one storage tank per well located that the southwestern corner of the site. Council Member Engelbrecht suggested a condition be added to limit five storage tanks on the site. Additional speakers included: Jake Hendricks, 1014 Hillcrest, Denton, 76201 – opposed Charles Wahlert, 803 Thomas, Denton, 76201 – opposed Andrew Teeter, 1108 Panhandle, Denton, 76201 – opposed David Williams, 819 Stanley, Denton, 76201 – opposed Dean Wynn, 818 N. Bonnie Brae, Denton, 76201 – did not speak but was opposed Davlin Kerekes, 536 Alegre Vista Drive, Denton, 76205 – opposed Elizabeth Clinton, 412 ½ Fry Street, Denton, 76201 – opposed Charles Grand, 1710 Sam Bass Blvd, Denton, 76205 – opposed Stewart Minor, 907 Avenue A, Denton, 76201 – opposed Jason Netek, 1203 Avenue A, Denton, 76201 – opposed Will Wooten, 980 Ranch Road, Denton, 76201 – opposed Jake McClendon, 1006 Alice Street, Denton, 76201 – opposed Katie Trice, 921 N. Carroll Blvd., Denton, 76210 – opposed Bob McFarling, 915 Stanley, Denton – opposed Sammie Haren, 804 Hillcrest, Denton, 76201 – opposed Comment cards were received in opposition from: Steve Friedson and Elise Ridenour, 2044 W. Oak, Denton, 76201 City of Denton City Council Minutes October 6, 2009 Page 17 David Wright, 1819 W. Oak, Denton, 76201 Brad Mezei, 1016 Stanley, Denton, 76201 Gena Williams, 819 Stanley, Denton, 76201 Marsha Keffer, 815 Ector, Denton, 767201 Cooper Barner, 1919 Houston, Denton, 76201 Joseph and Heidi Klein, 621 Hillcrest, Denton, 76201 Mayor Burroughs stated that the applicant was allowed a five minute rebuttal. Poole stated that he would address any issue the Council might have. Council Member Engelbrecht asked what other equipment would be on the site when finished. Poole stated that there would be separators to separate the gas from the water, the tanks that were already mentioned and later in the life of the wells there might be a need for a compressor to put the gas into the pipeline. Mayor Burroughs asked about insurance requirements. Poole stated that they had a bonding requirement with the Railroad Commission to ensure their compliance with all of the Commission’s requirements. They were not required to carry general liability insurance but they did in the area of $50 million Mayor Burroughs asked about the possibility of having a third party monitoring of the downstream water quality. Poole stated that they did not have the right to drill a monitoring water well on someone else’s property. In terms of ground water protection they were under very strict regulations by the TCEQ and had restrictions to cement from the bottom of the well to the top of the pipe to protect ground water. Mayor Burroughs asked what kind of diesel engines would be operating after the wells were drilled. Poole stated that the only diesel engines used would be during the drilling because the rig had diesel engines to operate the drilling rigs. That would be for about 20 days per well. Trucks were also operated by diesel engines during fracking. Council Member Engelbrecht stated that in the event compressors were needed, he would propose that they be operated by electric motors because by that the time sound walls would be gone. Patton stated that this same type of discussion had taken place in Keller and Encana showed that the electric compressor was just as loud as a gas driven engine. Their application did show sound mitigation for a compressor. City of Denton City Council Minutes October 6, 2009 Page 18 Council Member Gregory stated that reading the conditions supplied by staff, he noted that #2 would have a minimum 8 foot tall fence, Condition #5 seemed to contradict #19 so it might be best to indicate that Condition #5 followed the layout but with the provision of Condition #19. Council Member Engelbrecht stated that the eight feet provision was attached to Condition #20 and he was not sure that was correct. Council Member Watts questioned that at the time the overlay was submitted there were four gas well sites labeled on that original plan. Cunningham replied correct. Council Member Watts asked if this particular site was one of the original sites. Cunningham replied correct. Council Member Watts stated that the City had not removed the three other sites from the plan or rejected any of the three other sites. Cunningham replied correct. Council Member Watts stated that they were still viable sites. Cunningham stated that from the staff perspective that was correct. Council Member Watts asked if at the time the plan was submitted, was there a requirement to specify how many well heads on a potential site or just a place holder in the plan for the drill sites. Cunningham stated that there was no specification of well heads. Council Member Mulroy questioned that prior to submission and accepting of the concept plan with the four sites identified, where on the property would the applicant have been allowed to drill by right. Cunningham stated that the overlay was approved in November of 2008 which applied the NRMU zoning. Prior to November 2008 the site was zoned regional center commercial downtown which allowed gas well drilling by right. Council Member Mulroy stated that in the process there were many areas by right in the whole southern section and staff reduced those areas to four locations in the Development Review Committee process. Cunningham replied correct that with the adoption of the Rayzor Ranch concept plan, rather than gas well being allowed anywhere, it was restricted to the four locations noted. City of Denton City Council Minutes October 6, 2009 Page 19 Council Member Mulroy stated that the effect of staff's action was to reduce the geographical discretion that the mineral rights owner and developer had to four specific areas and by adding the specific use permit enabled Council to revisit and add on additional conditions. Cunningham stated that the previous zoning district of RCCD would allow for a permit and as long as the developer was in compliance, would have received that permit. The overlay district and specific use permit added two additional layers of review. Council Member Mulroy stated that there would be a higher standard of operation with the specific use permit as opposed to the RCCD zoning. Cunningham replied correct that with the previous zoning there would be no conditions such as the ones suggested at this meeting. Council Member Mulroy stated that in the development process when Allegiance came into the process with the concept plan, they were agreeable to reduce the well sites to the four locations and the specific use permit requirements. Cunningham replied that was correct as noted in Ordinance 2008-248. Council Member Mulroy stated that Council was not advocating the denial of the right when the reconfiguration was done. Cunningham stated that even though the geographical area was reduced, there were opportunities to obtain drilling rights in the overlay district via the specific use permit. Mayor Burroughs indicated that there was a long term history and a short term history with this property. The short term history dealt with the tabling of the proposal in order to try and accommodate current disapproval of the surrounding neighbors to the location of the site. During the last several weeks the staff, driller and mineral rights owner had been working on trying to find another location on the site which was the reason the item remained on the table for so long. The long term history was that the property was zoned prior to Rayzor Ranch and the current ownership. That zoning allowed wells to be placed anywhere on site without approval, as long as the basics of the Development Code were met. Nothing could have been done about that as it was a matter of right. When the current ownership and the mineral rights owner came before Council with the concept of the Razor Ranch development, they agreed to limit that right to drill anywhere to four sites. Through agreements with the driller, the mineral rights owner and the property owner, not through the city, the site was limited to one. Instead of four drilling sites there was now only one. The City now had one location to consider with the power of a specific use permit. The specific use permit allowed reasonable actions to protect citizens. Council had now added 22 conditions over what was already negotiated. The concerns of the citizens generally centered on safety, traffic, the environment and noise. Council had been addressing each concern. Council would have liked to have the site moved to a better location but could not force them to move it. Barring the movement of well, the Council had the ability to try and put in as many protections as possible on the site. There currently there was a lawsuit between the surface owner and the driller which the City was not involved in but which might have a large impact on the outcome of the issue. The surface owner would like to not have any drilling on the site. Some specific concerns raised included a fear of a lawsuit. That was not the case but the City of Denton City Council Minutes October 6, 2009 Page 20 City had to have a legal basis to deny the request. The history of the State of Texas was to favor mineral right owners over surface owners. The conditions suggested addressed as best as possible the noise issue. The traffic issue was constrained but there was the hope to build a gravel road to keep the heavy trucks off the city streets. The closed loop system would eliminate many of the environmental concerns. Air quality, visual barriers and safety had also been addressed as best as possible with the conditions suggested. Council was trying to come to the best conclusion possible. Council Member Gregory stated that when this first came up for a vote, he had voted against tabling the proposal because he was ready to vote against it. As Council worked through the process he found out how diligently all the council members had worked to mitigate concerns. Council was trying to mitigate the proposal and was not trying to regulate it away as that would be illegal. Council was putting appropriate regulations on the proposal to protect the neighborhood as much as possible. The laws of the State did not work in the City’s favor and Council had to make a decision in the long run that would be in the best interest of the city. Council Member Heggins stated that in order for her to sleep at night, she would be voting her conviction. She would be voting no because the neighbors did not want it. Two of her doctors had signed a petition in opposition and she believed in her doctors. The hospital was in the path of the gas well with sick people there and babies being born there. It had been proven that drilling did cause and produce earthquakes. Council Member Engelbrecht stated that Council was being asked to approve a specific use permit on an industrial use in a residential area. The difficulty for him was that to deny the proposal under the current state law put the city at a tremendous risk. The Flower Mound case referenced was different than this case. It disturbed him greatly that what began as a State law that would allow drilling in fields would now be interpreted to allow drilling in residential neighborhoods. There would be a cost either way to the citizens on the outcome. Council Member Watts stated that this was one of the most difficult decisions he had to make. He really wanted people to come before Council with integrity and did not want them to lay their problems at the Council’s feet. He felt that was what had happened in this situation. There was a right drill when the zoning was RCCD but operator at that time and surface owner came to Council and asked for something to maximize their business potential on this site. In exchange for that, they agreed to limit the drill sites to four sites and Council approved the overlay district with four sites. This site was one of them but it did not mean that this particular site was the only site. Now they say that they want to drill but that they have entered into an agreement to limit the drilling to only this one site. He did not like the way that was done. He understood the law of the mineral state. The driller and the property owner were in a fight because of limiting the drilling to one site. Now he was forced to do something against his conviction because of some other risk. Mayor Pro Tem Kamp stated that she did not want to vote for the proposal even with all the concessions because they had been trying to get everything for the neighborhood. She asked the young people to get in touch with the local State representative and get her attention on the issue and the Council would back them. They had an obligation to uphold what choices they had been given by state law but they did not have a choice. City of Denton City Council Minutes October 6, 2009 Page 21 Council Member Mulroy stated that he had retraced the issue and the mineral owner had by rights, access to drilling on the site. Everything downstream from that had been raising the restrictions. As of this evening, 21 restrictions above what the normal permitting process would require had been added to the proposal. There was no latitude on denial since approval of the concept plan. The mineral owner had this by right as far back as could be researched. The end product was a highly restricted drilling proposal. Council was going to implement all restrictions as practical. But the ultimate duty was stewardship and when Council had to weigh the financial risk versus compliance with the law, he had to do that judgment. The following ordinance was considered: NO. 2009-257 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. Council Member Mulroy motioned to approve the specific use permit with the 21 conditions listed plus an additional comment that the fence in Item #3 would be 8' tall and would include all recommendations including the Planning and Zoning Commission recommendations. City Attorney Burgess asked for a clarification on the third condition with regard to the eight foot fence and felt it should be with the Condition #2 instead. Council Member Mulroy said that was correct. City Attorney Burgess stated that Condition #5 would be redrafted and tied back into Condition #19. Council Member Gregory seconded the motion. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "nay", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried with a 6-1 vote. Resolution R2009-027 C.Consider approval of a resolution nominating members to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Bryan Langley, Director of Finance, stated that the terms for the members on the current Board of Directors would expire on December 31, 2009. The District was seeking nominations from the taxing jurisdictions in the district. The City could make up to five nominations. Once the District received get all the nominations a ballot would be sent to the City for a vote. The City City of Denton City Council Minutes October 6, 2009 Page 22 and Denton Independent School District collectively voted and elected Rick Woolfolk and Charles Stafford to the Board. Both members were eligible and willing to serve another term. Mayor Burroughs stated that historically the Council had nominated people from Denton. He had received call from Steve Mossman who indicated that he was seeking to be nominated. Mr. Mossman already had a seat by the statute that created the Board but it was an ex-officio seat. He was trying to get a voting seat. Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to nominate Charles Stafford and Rick Woolfolk. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. D.Consider an appeal of the denial of a Certificate of Appropriateness by the Historic Landmark Commission (6-0) for new development located at the northeast corner of N. Bell Avenue and E. University Drive (S.H. 380). The site is located within the Neighborhood Residential 3 and Neighborhood Residential 4 (NR-3 and NR-4) zoning districts; and is within the Bell Avenue Historic Conservation District. (COA09-0002, Lux at Bell Avenue) Mark Cunningham, Director of Planning and Development, stated that this was an appeal for denial of a Certificate of Appropriateness for a residential development at Bell Avenue and University Drive. The property was located within the Bell Avenue Historical Conservation District. The Historic Landmark Commission had denied the request. Proposed architectural features, brick color and color palates were presented. Council Member Watts questioned if the development consisted of 36 units. Cunningham stated that each unit had 3 bedrooms. Council Member Watts stated that it looked like three lots on the subject site and questioned if they were platted as one or if they were three individual lots. Cunningham stated that they were three individual lots and would have to go through the full development review process. Council Member Watts questioned how the boundary of the historic conservation district was developed. Cindy Jackson, Preservation Officer, stated that the neighborhood itself worked on the boundaries. Council Member Watts commented that it looked like the district was made up of homes mainly on the east or west side of Bell Avenue. Mayor Burroughs stated that he had not seen an undeveloped property zoning request at the same time as a certificate of appropriateness. He felt the certificate of appropriateness would come City of Denton City Council Minutes October 6, 2009 Page 23 after the zoning. The property would be zoned for a particular use and then the certificate of appropriateness would be considered for elevations. Cunningham stated that the use was already permitted. The zoning was to increase the density of the use. The duplexes were an approved use in the current zoning district but at a lower density. Mayor Burroughs stated that the certificate of appropriateness and the elevations were being considered at this meeting. Cunningham stated that this was an appeal of the denial of a certificate of appropriateness. This specific proposal was governed by Section 35.7.10.5 of the Development Code which dealt with architectural preservations. There were eight conditions governed this development. Mayor Burroughs stated that he read and understood those conditions but that they presupposed that the Historic Landmark Commission had renderings of elevations to rule upon. In an appeal it was presupposed that the elevations were binding. His basic question was what made the elevations binding because this was not a zoning case with elevations attached. Cunningham stated that included in the presentation were elevations of the proposed duplexes. If the Historic Landmark Commission had approved the certificate of appropriateness, then the elevations shown would have been binding. Mayor Burroughs stated that because the proposal was in a historical conservation district, the developer could not build before receiving the certificate of appropriateness. Cunningham replied correct. Council Member Watts stated that Council had received a packet of information during the Work Session and questioned where it came from. Cunningham stated that it had been submitted by members of the neighborhood. Council Member Watts stated that the packet made references to new homes on Roberts and Saul Street and questioned that those homes were not in the district. Cunningham replied correct. Mayor Burroughs noted that Speaker Cards had been submitted. Rod Taylor, 1300 Apache Trail, Corinth, 76210, was the applicant. He stated that the reason for the appeal was that the hearing was unfair. The significant portion of the discussion related to planning and zoning issues which came after this process. He felt the proposed design made a good transition from TWU to the homes on Bell Avenue. Another reason he felt the hearing was unfair was that Subchapter 7.35.7.7.9, Step 3 of the Certificate of Appropriateness guidelines was disregarded in the due process. That step stated that if the Commission felt that the proposal did not meet the guidelines for the certificate, the Commission was to make recommendations that would bring the proposal into compliance with the guidelines. There were no recommendations made by the Commission for approval. There was a strong denial and the City of Denton City Council Minutes October 6, 2009 Page 24 Commission voted on something that had nothing to do with certificate of appropriateness. The Chair of the Historic Landmark Commission did not like scale of buildings and had made some very pointed comments during the meeting. Council Member Watts stated that the zoning request was to change to NRMU-12 to increase the density. If the proposal went to the Planning and Zoning Commission and received either approval or denial of the zoning request, the proposal could proceed from that point. He felt that the procedure was backwards. Taylor stated that if the NRMU-12 zoning was not allowed and they had to do the smaller units, the economics would not support a bank funding. He had already checked into that and needed the larger number of units for economics. Council Member Watts stated that he knew of some areas that had a series of duplexes by UNT and that area was a disaster with parking on the lawns and he could understand the concerns of the neighbors for the renting of duplexes. Council Member Gregory stated that he couldn’t tell from the site plan if the developer had been asked to make any modifications to the corner of Bell and University such as widening the street. Cunningham displayed a sketch of how the property would be developed. If and when the certificate of appropriateness was acquired and rezoning was acquired, the site plan would be reviewed to make sure all standards were being adhered to. Council Member Gregory felt that based on comments the problem might not be the scale of one of the duplexes but the number of duplexes and parking. One concern he heard was adequate parking on the site as there was no parking on Bell or University. He asked for the parking space to bedroom ratio. Cunningham stated that 32 parking spaces were proposed over the 12 structures. The current code provided for two spaces per unit and this proposal was meeting that minimum requirement. Council Member Gregory stated that parking spaces were designated per unit and not per bedroom. Cunningham replied correct. Multifamily parking was based on bedrooms but duplexes were considered single family so the parking was based on units as opposed to bedrooms. Taylor stated that initially they had presented 32 parking spaces but could work with his engineers to increase the number of spaces if needed. Council Member Engelbrecht stated that student housing apartments constructed had parking established by the bedroom. Cunningham stated that duplexes were considered single family while apartments were multifamily and done by bedroom for parking spaces. Council Member Heggins asked if the proposal was within code for signage. City of Denton City Council Minutes October 6, 2009 Page 25 Taylor replied correct that the proposal was within the requirements. Council Member Heggins stated that she had read all the staff analysis and felt the developer had done everything he had been asked to do. Taylor stated that they had tried to comply with all regulations and had three meetings with the neighborhood. Additional speaker cards were received from: Rick Baria, 5138 Edwards Road, Denton, 76208 – favor Theresa Prosperon, 8220 Greenwood, Plano – favor Dusty Broadway, 1888 Sinclair, Lewisville, 75067 – favor DeCarlo Noble, 3400 Mustang Drive, Denton, 76210 – favor Donna Morris, 913 West Oak, Denton, 76201 – opposed Mayor Burroughs asked Ms. Morris if the Commission had considered recommendations on how to make the proposal appropriate for the certificate of appropriateness. Morris stated that no recommendations were suggested because the proposal was inappropriate for a historic conservation district. Mayor Burroughs asked if there had been any discussion or suggestions made. Morris stated no. Council Member Watts asked if her objection was to the individual design in the way the buildings looked or the close proximity to one another. What about the proposal was inappropriate to her – the density or the elevations? Morris replied that it was the density. Another developer put homes in the district that were much like the homes already there. This development did not look like the homes already there. The Historic Landmark Commission worked to keep the flavor of the area and this proposal did not do that. Speaker cards continued with: Gary Hayden, 2105 North Bell Avenue, Denton, 76209 – opposed Ernie and Angela Stripling, 1815 N. Bell, Denton, 76209 – opposed Brandt Davis, 1902 N. Bell, Denton, 76209 – opposed Deb Conte, 2106 North Bell Ave, Denton, 76209 - opposed Mayor Burroughs stated that density was a zoning issue, traffic was a zoning issue and felt that a number of the issues raised in the discussion of the Historic Landmark Commission were inappropriate for that Commission to discuss. There were a number of issues that he did not get a good sense on how they were addressed. He wanted to go through those issues with the developer for a sense of how the issues were addressed. The first was the issue of dumpster orientation. City of Denton City Council Minutes October 6, 2009 Page 26 Taylor stated that in the first submittal of the proposal, the dumpsters were shown but he had since learned that there would be no need for dumpsters. Mayor Burroughs stated that his second question dealt with the orientation of the driveways. He questioned what faced into the district. He knew the facades of the buildings would face University Drive and questioned what was oriented to Bell Avenue. Taylor stated that the façade that faced Bell Avenue was the side of one of the buildings. The Code stated that the façade must match the other buildings but did not address what must face Bell Avenue. Mayor Burroughs asked about the driveways and parking that would be off Bell. Taylor stated that there would be a single driveway on Bell. Mayor Burroughs stated that his third question dealt with preserving the existing trees. Taylor stated that there was an existing hackberry that would be removed. There were two very old oak trees that would remain and one on the corner that would remain. Two trees would have to be removed. Mayor Burroughs stated this fourth question dealt with the sign ordinance and how it went with a certificate of appropriateness for the Historic Landmark Commission to review signage. Jackson stated that a sign plan had not been presented to the City but before any signs could be approved, there would have to be a certificate of appropriateness. Mayor Burroughs questioned the discussion of a four foot chair link fence separating the property. Taylor stated that a fence would be installed between his property and an adjoining property owner. He planned to install an eight foot wooden fence but the neighbor did not want him to touch her fence so his fence would come off from her fence and then be installed. Mayor Burroughs questioned at what point was the fence an issue for the Historic Landmark Commission or an issue for another process for the city. Cunningham stated that Chapter 7 addressed fencing; windows, parking and whatever might be germane to the development fell into the provisions of Chapter 7. Mayor Burroughs asked if the fence issue had been before the Historic Landmark Commission. Jackson stated that the fence was included in the staff report and was noted to the Historic Landmark Commission that an eight foot wooden fence would be located and the remainder would be landscaping. City of Denton City Council Minutes October 6, 2009 Page 27 Mayor Burroughs stated that the fence issue did not come before the Historic Landmark Commission. Jackson replied correct. Mayor Burroughs stated that the parking space issue was questionable as to whether it would be under zoning and a density issue and not a Historic Landmark Commission issue. Jackson stated because this proposal would not require a site plan review until the building permit stage, parking was pointed out in the staff report. The site did meet the requirements for parking spaces. Mayor Burroughs questioned under what circumstances the Historic Landmark Commission made a determination on how the spaces would look, how they would be oriented, how they would be screened. Jackson stated that was not addressed in the ordinance. Council Member Mulroy stated that the requirements of the historical conservation district stated that new construction should promote the existing spatial and visual quality of the district. There were some elements that were listed dealing with lot coverage and visually how it would look with existing housing. Council Member Gregory felt that part of the issue of scale dealt with permeable and non- permeable surfaces as compared with all of the other lots. One of the three lots would be for parking which would be out of character, out of scale, with the rest of the neighborhood. Duplexes were in character with the neighborhood but six duplexes were out of scale with the neighborhood. Mayor Burroughs stated that the Historic Landmark Commission did not comment on the parking spaces in terms of permeable versus non-permeable. That was a different issue. The Historic Landmark Commission’s concern was that there was not enough parking and it would spill over onto adjoining streets. Council Member Mulroy felt that it was a matter of coverage with so many structures it would be out of character for the neighborhood. There was a need to have the spatial and visual elements retained. This would not be a problem if there was a smaller scale. Mayor Burroughs asked again about the orientation of the buildings to Bell versus University. He had read in the backup that it was a staff driven request to have the buildings oriented to University. Taylor stated that it was his interpretation on what was more acceptable. Taylor was allowed a rebuttal. He stated that his proposal was for duplexes and not apartments. In terms of the number of parking spaces, he could increase the number of spaces as there was room to do so. He could increase the number of parking spaces to match the number of bedrooms if necessary. He would have asked the Historic Landmark Commission for that type City of Denton City Council Minutes October 6, 2009 Page 28 of information had he been able to do so. He was willing to meet with the neighborhood to make the design more appropriate and wanted the development to blend in with the conservation district. He was open to shape the development to make it more acceptable. He was trying to take infill lots to make something better. Council Member Watts stated that recommendations were not made at the Historic Landmark Commission hearing per the ordinance to try and reach a compromise on the proposal. He suggested remanding the proposal back to the Historic Landmark Commission for recommendations on how to comply with the ordinance. Council was being asked to override the Historic Landmark Commission but he wanted to make sure all procedures were complied with before a decision was made. City Attorney Burgess stated that Council could remand the matter back to the Historic Landmark Commission for further consideration with conditions, could approve the appeal or deny the appeal. Mayor Burroughs stated that the orientation of lighting was another issue and felt that Council needed to give some direction to the Historic Landmark Commission if it were remanded back to them. Council Member Mulroy asked if the appeal were denied, would there be a waiting period before the proposal could come back for consideration. City Attorney Burgess indicated that she would check into that provision. Council Member Mulroy stated that the way the proposal was packaged, if the Council approved the appeal, it would then go to the Planning and Zoning Commission for the zoning. It might be a better choice to remand it to the Historic Landmark Commission for a second look. Mayor Burroughs stated that if the density was not approved, many problems would go away. It appeared that many of the difficulties dealt with a number of the structures in the space and the spatial element. If the proposal did not have the same number of units, it might not be a problem. He still felt consideration of the issue was out of sequence. He felt it might be better to remand and wait to see if the density was approved or not. If it were turned down, it would be a very different proposal. Council Member Engelbrecht stated that he was uncomfortable with the parking and if the units were rented out by the bedroom, there would be no green space in the parking lot. That was not in character with the neighborhood. Council Member Watts felt that the issue seemed to be one of scale and the number of units. Orientation was another problem. If the proposal were remanded back to the Historic Landmark Commission, discussions were needed on what kinds of modifications would be acceptable. City Attorney Burgess stated that in answer to Council Member Mulroy’s question, there was a one year bar from the time of final decision if denied at this meeting. City of Denton City Council Minutes October 6, 2009 Page 29 Council Member Gregory motioned, Council Member Heggins seconded to refer the proposal back to the Historic Landmark Commission for reconsideration. Mayor Burroughs stated that the Council’s thoughts should be communicated to the Historic Landmark Commission and to be aware that there was another process for Planning and Zoning Commission consideration. Mayor Pro Tem Kamp felt that something transitional was needed in the neighborhood which would be compatible with the existing neighborhood. On roll vote to remand back to the Historic Landmark Commission, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. E.Consider nominations/appointments to: 1. Historic Landmark Commission There were no nominations/appointments made at this meeting. F.Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a.Dawn Paradise regarding urban chickens. Ms. Paradise requested a change in the city ordinance to allow chickens closer to residences. She presented the advantages for urban chickens and requested that the ordinance be changed to allow for eight domestic fowls per house, that the animals would not be allowed to run free, no roosters would be permitted and incorporate an annual permit. b.Robert Donnelly regarding large phased in developments and DCTA. Mr. Donnelly stated that he was in favor of the train coming to Denton but was concerned about the comments made at the last meeting in regards to the DCTA project. He felt it would open the door to allow them to start the project without having everything in place. He felt DCTA could start the Denton project at the south end to get Medpark done first. The City would have the train a long time and he didn’t want them to get started until everything was in order. 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 City of Denton City Council Minutes October 6, 2009 Page 30 Council Member Gregory requested staff work on revising the drilling ordinance to include such items as setbacks, noise abatement, fencing, light control, and air quality monitoring. H.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. I.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 12:41 a.m. __________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ___________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES October 20, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 20, 2009 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, and Council Member Mulroy. ABSENT: Council Member Heggins and Council Member Watts. 1. Requests for clarification of agenda items listed on the agenda for October 20, 2009. Council Member Gregory stated that consent item 3B was a purchase order through the H-GAC and Buy Board Cooperative Purchasing Network. He asked whether the dealers in the Denton area were given the opportunity to bid on these. Karen Smith, Senior Buyer, stated that Denton dealers were given the opportunity to bid but there was not a great response from the local dealers. Council Member Mulroy had a question about consent item 3D. He stated it was a professional services agreement for hydrogeological consulting and analytical services, which was appropriate for a professional services agreement. He stated that paragraph 4 expanded the scope to install five gas extraction wells for the generation project. The expanded scope did not seem to be consulting or analytical services and Mulroy questioned whether the gas well drilling was really part of the professional services agreement. He stated that he could not vote with the language presented. He requested that the item be pulled from consent and be brought back at another Council meeting. Mayor Burroughs had a question about consent item 3E – electrical energy transmission fees. He wanted to know what it was actually paying for. Phil Williams, General Manager of Electric, explained that the transmission charges were divided over all load-serving entities (ERCOT) and this was the City’s share of the costs and was paid directly to the entities that provided the transmission service. 2. Receive a report, hold a discussion and give staff direction on the City of Denton’s property tax exemption for designated historic sites. Bryan Langley, Director Finance, stated that at the September 15th council meeting, the Council discussed the partial tax exemption for designated historic sites and directed staff to review the proposals with the Historic Landmark Commission for consideration. The Council also directed staff to consult with the HLC regarding an appropriate minimum investment amount. The HLC recommended the following: 1) Open designation period. 2) Exemption of 50% of assessed value for a period of 10 years for all properties – (a) newly designated properties must City of Denton City Council Minutes October 20, 2009 Page 2 demonstrate a minimum investment of $10,000 for two years prior to designation as a historic site in order to qualify for the exemptions. (b) Previously designated properties must demonstrate additional minimum investments of $10,000 before being granted additional 10 year exemptions. 3) The Commission would define qualifying minimum investments, which must be for permanent improvements or restoration projects. General consensus of the Council was to proceed with the HLC’s recommendation. Council went into Closed Meeting at 4:31 p.m. : 1. Closed Meeting Council Member Mulroy motioned, Council Member Engelbrecht seconded that it was appropriate for Council to meet in Closed Session under the Public Power Competitive Exception. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", and Council Member Mulroy "aye". Motion carried unanimously. A. Deliberations regarding Real Property -Under Texas Government Code Section 551.072 and; Consultation with the City’s Attorneys - Under Texas Government Code Section 551.071. 1. Discuss, deliberate, consider, receive information from Staff, and provide Staff with direction pertaining to the possible valuation issues respecting the possible sale and disposal of real property tracts within the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas, and receipt of legal advice for legal issues related thereto. (Facilities Management) 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. 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 Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261st 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 pending in the 506th Judicial District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. c 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. City of Denton City Council Minutes October 20, 2009 Page 3 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 ith 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 Attorney - Under Texas Government Code Section 551.071. 1. Consult with the City’s attorneys to discuss status and possible settlement of pending litigation styled City of Denton v. Reichmann Petroleum Corporation, Case No. 06-20804, currently pending in the United States Bankruptcy Court, Southern District of Texas, Corpus Christi Division. Regular meeting of the Denton City Council on October 20, 2009 in the City Council Chambers. 1.PLEDGE OF ALLEGIANCE Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS There were no proclamations/presentations for this meeting. 3.CONSENT AGENDA Council Member Mulroy motioned, Mayor Pro Temp Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with a correction to the October 5 minutes and removing Item D from the Consent Agenda. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", and Council Member Mulroy "aye". Motion carried unanimously. City of Denton City Council Minutes October 20, 2009 Page 4 Ordinance No. 2009-258 A. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of RCP Pipe and Concrete Box Culverts for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4384-Annual Contract for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder meeting specification for each section in the annual estimated amount of $125,000). The Public Utilities Board recommends approval (4-0). Ordinance No. 2009-259 B. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston-Galveston Area Council (H- GAC) and Buy Board Cooperative Purchasing Network, for the acquisition of twelve vehicle and equipment items for the City of Denton General Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4422-Interlocal Agreement for the purchase of General Fund Vehicles and Equipment awarded to multiple vendors as listed on Exhibit A in the amount of $628,651). Ordinance No. 2009-260 C. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston-Galveston Area Council (H- GAC) and Buy Board Cooperative Purchasing Network for the acquisition of ten vehicle and equipment items for the City of Denton Utility Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4423- Interlocal Agreement for the purchase of Utility Fund Vehicles and Equipment awarded to multiple vendors as listed on Exhibit A in the amount of $366,628). The Public Utilities Board recommends approval (4-0). This item was not considered. D. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Solutient Geosciences, Inc. for performing Professional Hydrogeological Consulting and Analytical Services regarding the City of Denton, Texas Municipal Landfill (MSW Permit No. 1590-A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date (File 4416 in an amount not to exceed $161,681.90). The Public Utilities Board recommends approval (4-0). Ordinance No. 2009-261 E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4424-2009 Electrical Energy Transmission fees in the total amount of $1,283,904.97). The Public Utilities Board recommends approval (4-0). City of Denton City Council Minutes October 20, 2009 Page 5 Approved the minutes. F. Consider approval of the minutes of: September 22, 2009 October 5, 2009 October 6, 2009- Leadership Team Ordinance No. 2009-262 G. Consider adoption of an ordinance approving a Notice of Site Restriction upon a 13.12 acre tract located within a portion of Lot 2, Block 2, Municipal Utility Addition, an addition to the City of Denton, recorded as a plat under Document Number 2009-139, Real Property Records, Denton County, Texas; and providing an effective date. (Denton Municipal Electric - Spencer Road Site) Approved the Parks, Recreation and Beautification Board's recommendation. H. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to accept the public art donation by the Denton Festival Foundation, Inc. of two bronze sculptures titled Oh, Be Joyful. The Parks, Recreation and Beautification Board recommends approval (4-0). Approved the Parks, Recreation and Beautification Board's recommendation. I. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to accept the donation of two black and white photographs from Burt and Missy Finger, owners of the Photographs Do Not Bend Gallery. The Parks, Recreation and Beautification Board recommends approval (4-0). Approved the Parks, Recreation and Beautification Board's recommendation. J. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to accept Ms. Millie Giles’ donation of two watercolor paintings by Rob Erdle. The Parks, Recreation and Beautification Board recommends approval (4-0). 4.ITEMS FOR INDIVIDUAL CONSIDERATION A. Tabled - 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 recommends approval (3-0). (Tabled from March 3, 2009) This item remained on the table. Ordinance No. 2009-263 B. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Real Estate Contract by and between the City of Denton Texas and CAPFinancial Properties CV1, LLC a Delaware Limited Liability Company, and any other documents and conveyances that are necessary to acquire an approximate 15.85 acre tract of real property City of Denton City Council Minutes October 20, 2009 Page 6 in the T.M. Downing Survey, Abstract Number 346, Denton County, Texas, being located approximately 1,700 feet north of McKinney Street on the east side of Audra Lane, and being the lands conveyed to CAPFinancial Properties CV1, LLC, by deed recorded in County Clerk’s File Number 2009-13562, Real Property Records, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (Municipal Purposes) Emerson Vorel, Director of Parks and Recreation, stated that the City had the opportunity to purchase this property at a good price and some of the funding would come out of park gas well funds. He stated this property was adjacent to Mack Park, and it would be used to further enhance City programs and services. Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to approve the ordinance. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", and Council Member Mulroy "aye". Motion carried unanimously. C. Consider the appointment of a voting and alternate voting delegate to the National League of Cities Annual Business Meeting. Council Member Mulroy motioned, Council Member Gregory seconded to appoint Mayor Burroughs voting delegate and Council Member Heggins alternate voting delegate. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", and Council Member Mulroy "aye". Motion carried unanimously. D. Consider nominations/appointments to: 1. Historic Landmark Commission Mayor Pro Tem Kamp nominated Murray Ricks to an All position on the Historic Landmark Commission. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", and Council Member Mulroy "aye". Motion carried unanimously. E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Christine Elling regarding the condition of Buena Vista Street. City of Denton City Council Minutes October 20, 2009 Page 7 Ms. Elling briefed the City Council on the condition of Buena Vista Street and the need for repairs and asked the City Council to see if they could do something about it. b. Sara Marotto with the Oaks of Montecito regarding their easement, flooding, drainage, dead trees and investment properties. Ms. Marotto stated she would have to re-schedule her report. c. Richard Gonzalez regarding permit prices of advertisement signs and banners. Mr. Gonzalez was not present at the meeting. d. Sarah Richey regarding the bicycle/pedestrian lane on Pennsylvania Drive. Ms. Richey stated that she would like the City to look into installing a bicycle/pedestrian lane on Pennsylvania Drive. 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 AND Council Member Mulroy requested the City Manager follow-up on the first citizen report and look into what the City could do to expedite the repairs. Mayor Burroughs requested the City Manager follow-up on the first citizen report and look into who built the street and if the specifications were met. Mayor Pro Tem Kamp requested that the City Manager follow-up on the bicycle/pedestrian lane on Pennsylvania Drive. Mayor Pro Tem Kamp stated that new council members might benefit from a visit to a transit- oriented development that’s already been established. Council Member Engelbrecht stated that some time ago he had requested a definition of a sidewalk and a hike/bike trail. He wanted to add to that request a definition for a bicycle/pedestrian lane. 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. City of Denton City Council Minutes October 20, 2009 Page 8 There was no official action taken on Closed Meeting items. With no further business, the meeting was adjourned at 6:54 p.m. ________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ________________________________ JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES NOVEMBER 2, 2009 Joint Meeting of the City of Denton City Council and the Public Art Committee on Monday, November 2, 2009 at 11:30 a.m. in the City Council Work Session Room, 215 E. McKinney, Denton, Texas. PRESENT: Mayor Burroughs, Council Member Engelbrecht, Council Member Heggins, Council Member Mulroy, and Council Member Watts. ABSENT: Mayor Pro Tem Kamp, Council Member Gregory Emerson Vorel, Director of Parks and Recreation, presented background information on the establishment, members, purpose, and history of the Committee. He also reviewed the intent and purpose plus the approval process for public art. Council Member Watts asked if it had been the policy since the start of the committee to allocate funds from the CIP. Vorel replied that the CIP funding was intended for future CIPs. Council Member Mulroy stated that originally in 1996, the funding had been 2% of building projects. Now the funding read from the CIP program. He asked if it was 2% of the total package or 2% of buildings or 2% of the parks projects. Vorel replied that the policy indicated 2% from all future CIP programs. There was no further clarification on which portion of the program. He continued that there would be no impact on the current CIP program with total funding for public art spread over the life of the bond program. The Public Art Committee would make recommendations on the projects. Maintenance and management costs would also have to be considered. The Tax Abatement Policy had a section on funding which indicated 50% of tax abatement savings from the 5% to art. The public art component existed in the current tax abatement policy which encouraged private investment in public art. Jo Williams, Chair-Pubic Art Committee, presented pictures of public art. Those included “Historic Quakertown” located in Civic Center, “Man of Integrity” located in front of City Hall East, “November Devil” located on the Downtown Square, “Summer Haze” which would be located in the South Branch Library, and a painting by Rob Erdle donated to the City of Denton which would be located at South Branch Library. “Book a Day” was scheduled to be located at the South Branch Library. “Oh, Be Joyful” was donated to the City by the Denton Arts and Jazz Foundation. “Untitled-Flowing Light Variation” would be located at City Hall East. Recent additions included “Witchcraft”, “Fluid Light Design” and “Untitled” photographs which were also donated to the City and were to be placed at City Hall East. Mayor Burroughs asked about the decision making process of the Committee whether to get the piece of art on commission and have it created versus existing art. Williams stated that it depended on the project, the piece and whether it was historic art from Denton. City of Denton City Council Minutes November 2, 2009 Page 2 Jack Davis, Public Art Committee, noted that Denton had a rich artistic heritage which had impacted the Denton community. Margaret Chalfant, Greater Denton Arts Council, discussed the current inventory of Denton’s outdoor pieces. Those pieces included “For the Mayor Three Graces, Faith, Hope and Charity” located at City Hall, “Divers” located at the Water Park, “The Mill” located outside City Hall, “Festival in Motion” outside City Hall, “Denton South Rotary Club City Hall Memorial Renovation” outside City Hall, “Yellow Baugh Flower” located at the Water Park, “Woman of Justice” located at City Hall East, “Urban Composition” outside the Central Fire Department, and “Children’s Play Wall Sculpture” outside Civic Center Pool. Vorel stated that future plans included an inventory of all public art and the development of a catalog. Possible future locations for public art included the Municipal Airport or a mural on a downtown building of the Butterfield Stage Coach. More public involvement was always welcome to express ideas of locations and pieces. Future plans also included the development of a master plan, a website for public art, and development of a maintenance plan for public art plus a poet laureate for a book of poems and artworks. Chalfant stated that the poet laureate program was a two year project that would include poems and art work relative to Denton. Any revenue from the sale of the book of poems would go back to the city. Council Member Engelbrecht recommended an informational plaque with each of the works describing the work, etc. He asked if there was a policy for the location for the artwork. Mayor Burroughs suggested that if the Committee was having difficulty paying for a piece of art that the Council be alerted so they could get the word out and work for possible donors. Council Member Engelbrecht asked about the possibility of expanding the scope of the directory to include pieces outside of the City’s pieces to include possibly the DISD, etc. Chalfant stated that they were working with the Convention and Visitors Bureau to inventory non-public art such as pieces at UNT and TWU. Jack Davis, Pubic Art Committee, felt that at some point the Committee might have to take the role of protecting and preserving public art in addition to acquiring new art. Council Member Mulroy asked if the maintenance would be part of the Public Art Committee or would other means be necessary. Chalfant felt that in the long term there would be the need to build in maintenance of public art in the Park budget. With no further business, the meeting was adjourned at 12:40 p.m. City of Denton City Council Minutes November 2, 2009 Page 3 ______________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 3, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 3, 2009 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Heggins, Council Member Mulroy, and Council Member Watts. ABSENT: None. 1.Requests for clarification of agenda items listed on the agenda for November 3, 2009. Mayor Burroughs questioned if Consent Agenda Item 3A needed to have a more public airing and perhaps be considered as an Item for Individual Consideration. Ross Chadwick, Fire Chief, stated that the proposal would formalize the mutual aid agreement that has been in effect for a number of years. It would provide better management for the Super Bowl event. Mayor Burroughs felt that this item could remain on the Consent Agenda but asked for a future discussion on how bomb squad worked, etc. Council Member Engelbrecht noted that many of the southern cities were not listed. Chadwick indicated that the jurisdictions listed were the only ones in the metroplex with bomb squad units. Mayor Burroughs asked about Consent Agenda Item 3R and the functionality of the Buy Board. He questioned whether the items were bid and how it functioned for the lowest price. Karen Smith, Senior Buyer, stated that the Buy Board was competitively bid but for longer periods such as 3-4 years and included a percentage off the list price. Mike Ellis, Fleet Manager, stated that like units from various organizations were placed on the Buy Board, bids were then set and the Buy Board was used to look for the best price. The items were then purchased off the cooperative board. Council discussion the mechanics of purchasing from the Buy Board, the method of determining the percentage off the price, and the checking of prices listed on the Buy Board. Mayor Burroughs noted that the local preference should be used whenever possible as they didn’t want to lose that opportunity. Council Member Mulroy suggested a work session on purchasing procedures. Council Member Engelbrecht requested a copy of the new investment policy once it was approved. City of Denton City Council Minutes November 3, 2009 Page 2 2.Receive a report, hold a discussion and give staff direction regarding the draft Handbook for Boards, Commissions, and Council Committees. Betty Williams, Director of Administrative Services, explained purpose of the manual and the history of the manual. Council provided suggestions for changes to various sections of the manual. Williams indicated that she would make the suggested changes and have the manual on the next agenda for formal approval. 3.Receive a report, hold a discussion and give staff direction on Redistricting due to the upcoming census and annexation of additional areas into the City of Denton. Anita Burgess, City Attorney, stated that the upcoming census would impact the council districts and possibly require a redrawing of the district lines. Procedures for redistricting were controlled by federal and state laws which indicated that council districts must have relatively equal population with no more than a 10% deviation. Council Member Mulroy questioned how the 10% deviation was calculated. Burgess replied that it was 10% of the total of population of the heaviest and least populated districts. The census may not impact Denton but the city should be prepared to look at the figures. Another issue that might trigger redistricting was the proposed annexations. She reviewed the legal requirements involving the time frame for a redistricting plan and suggested that the Council consider hiring a consultant to help the city work through all of the legal issues involved. Council discussed the time frame involved in a possible redistricting and various scenarios of when redistricting might have to be done. 1. Closed Meeting: Council Member Mulroy motioned, Council Member Engelbrecht seconded that it was appropriate for Council to go into a Closed Meeting to consider Item A.1. under the Public Power Utilities exception. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. 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. 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 City of Denton City Council Minutes November 3, 2009 Page 3 briefing and status report from the City’s attorneys regarding the litigation entitled Ex Parte Texas Municipal Power Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261st 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 pending in the 506th 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. B. 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. 1.PLEDGE OF ALLEGIANCE Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS There were no proclamations/presentations for this meeting. 3.CONSENT AGENDA Ordinance No. 2009-264 A. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Assistance Agreement between the City of City of Denton City Council Minutes November 3, 2009 Page 4 Denton, City of Arlington, City of Dallas, City of Fort Worth, City of Garland, City of Irving, City of Mesquite, City of Plano, the Northeast Fire Department Association, and the Dallas/Fort Worth Airport for explosive render safe operations and explosion investigation; and declaring an effective date. Ordinance No. 2009-265 B. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Central Business District Association of Denton, Texas, d/b/a Denton Main Street Association for the payment and use of Hotel Tax Revenue; and providing an effective date. ($24,500) The Hotel Occupancy Tax Committee recommends approval (2-0). Ordinance No. 2009-266 C. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of Hotel Tax Revenue; and providing an effective date. ($10,900) The Hotel Occupancy Tax Committee recommends approval (2-0). Ordinance No. 2009-267 D. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of Hotel Tax Revenue; and providing an effective date. ($692,380) The Hotel Occupancy Tax Committee recommends approval (2-0). Ordinance No. 2009-268 E. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of Hotel Tax Revenue; and providing an effective date. ($24,500) The Hotel Occupancy Tax Committee recommends approval (2-0). Ordinance No. 2009-269 F. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement between the City of Denton and Denton County for the payment and use of Hotel Tax Revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House, African American Museum, Old No. 14 Fire House, Elm Ridge Church, Welcome Center and Outhouse Museums; and providing an effective date. ($104,420) The Hotel Occupancy Tax Committee recommends approval (2-0). Ordinance No. 2009-270 G. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Denton Festival Foundation for the payment and use of Hotel Tax Revenue; and providing an effective date. ($88,200) The Hotel Occupancy Tax Committee recommends approval (2-0). City of Denton City Council Minutes November 3, 2009 Page 5 Ordinance No. 2009-271 H. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of Hotel Tax Revenue; and provide an effective date. ($8,135) The Hotel Occupancy Tax Committee recommends approval (2-0). Ordinance No. 2009-272 I. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of Hotel Tax Revenue to promote tourism and the convention and hotel industry; and providing an effective date. ($125,440) The Hotel Occupancy Tax Committee recommends approval (2-0). Ordinance No. 2009-273 J. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of Hotel Tax Revenue, and providing an effective date. ($15,535) The Hotel Occupancy Tax Committee recommends approval (2-0). Ordinance No. 2009-274 K. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the North Texas State Fair Association for the payment and use of Hotel Tax Revenue; and providing an effective date. ($78,400) The Hotel Occupancy Tax Committee recommends approval (2-0). Ordinance No. 2009-275 L. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of Hotel Tax Revenue; and providing an effective date. ($53,900) The Hotel Occupancy Tax Committee recommends approval (2-0). Ordinance No. 2009-276 M. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of Hotel Tax Revenue; and providing an effective date. ($17,650) The Hotel Occupancy Tax Committee recommends approval (2-0). Resolution No. R2009-028 N. Consider approval of a resolution reviewing and adopting revisions to the Investment Policy regarding funds for the City of Denton; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). Resolution No. R2009-029 O. Consider approval of a resolution of the City Council of the City of Denton authorizing the investment of public funds in the Texas Short Term Asset Reserve Program ("TexSTAR"), a Texas Local Government Investment Pool; Delegating authority to invest funds and act as City of Denton City Council Minutes November 3, 2009 Page 6 custodian of investments purchased with local investment funds to TexSTAR; providing for the investment of public funds consistent with the Public Funds Investment Act and the City’s Investment Policy; designating authorized representatives; authorizing the Mayor to execute the participation agreement; and providing for an effective date. (The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2009-277 P. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the Electric Fund with Utility Bonds with an aggregate maximum principal amount equal to $6,803,292 to facilitate Denton Municipal Electric funding of ongoing capital expenditures for expansion of the distribution and transmission electric facilities. Resolution No. 2009-030 Q. Consider approval of a resolution allowing the Denton Community Theatre to be the sole participant allowed to sell alcoholic beverages at the Beaujolais on November 19, 2009, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Ordinance No. 2009-278 R. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Texas Association of School Boards (TASB) and Buy Board Cooperative Purchasing Network for the acquisition of eight vehicles for the City of Denton Utility Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4460-Interlocal Agreement for the purchase of Utility Fund Vehicles and Equipment awarded to multiple vendors as listed on Exhibit A in the amount of $318,475). The Public Utilities Board recommends approval (7-0). Ordinance No. 2009-279 S. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of curb, gutter, and driveway structures and radiuses on Mulkey Lane; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $209,925.45). Ordinance No. 2009-280 T. Consider adoption of an ordinance approving the expenditure of funds for the purchase of disk storage to expand the Compellant Storage Area Network (SAN) available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4426-Purchase of Disk Storage for Compellant Storage Area Network awarded to EST Group in the amount of $96,362). City of Denton City Council Minutes November 3, 2009 Page 7 Ordinance No. 2009-281 U. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Home Improvement Program and eligibility criteria; authorizing expenditures in excess of $50,000 for projects meeting program guidelines and criteria; and providing for an effective date. Ordinance No. 2009-282 V. Consider adoption of an ordinance of the City of Denton, Texas amending Section 15-36 of the Code of Ordinances of the City of Denton, clarifying provisions relating to the enforcement of Fair Housing complaints, providing for severability and an effective date. Ordinance No. 2009-283 W. Consider adoption of an ordinance approving an Interlocal Participation Agreement between the City of Denton and Public Employee Benefits Alliance for the provision of employee benefits; and declaring an effective date. Ordinance No. 2009-284 X. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, changing Railroad Avenue to a one-way street heading south between McKinney Street/FM 426 and Hickory Street; providing for thirty-degree angle parking on the east and parallel parking on the west side of Railroad and providing a savings clause, providing a severability clause, providing a penalty not to exceed five hundred dollars; and declaring an effective date. The Mobility Committee recommends approval (3-0). Ordinance No. 2009-285 Y. Consider adoption of an ordinance authorizing the City Manager to execute a First Amendment to Professional Services Agreement for engineering development review services by and between the City of Denton, Texas and Freese and Nichols, Inc.; providing for the expenditure of funds therefor; and providing an effective date ($100,000 further professional engineering services; totaling $387,518 of professional engineering services). Ordinance No. 2009-286 Z. Consider the adoption of an ordinance of the City of Denton, Texas, extending 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, as extended and expanded on September 1, 2009, as extended on September 15, 2009, and as extended and expanded on September 22, 2009 (as amended and extended, the "Right of Entry") 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 the Right of Entry; and providing and effective date. Mayor Burroughs stated that Speaker Cards were submitted for the Consent Agenda items. Bob Clifton spoke in opposition to Item B-M, Item R and Items X and Z. Robert Donnelly spoke in opposition to Item Z. City of Denton City Council Minutes November 3, 2009 Page 8 Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 4.ITEMS FOR INDIVIDUAL CONSIDERATION A.Tabled - 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 recommends approval (3-0). (Tabled from March 3, 2009) This item remained on the table. B.Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Bryan Langley, Director of Finance, stated that nominations to this Board were provided by the taxing jurisdictions and appointed by the Denton Central Appraisal District Board of Directors by a majority vote. There were eight members whose terms would expire in December 2009. These members were eligible for re-appointment and had expressed a willingness to serve another term. The following resolution was considered: NO. R2009-31 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Council Member Watts motioned, Council Member Heggins seconded to nominate the eight members whose terms would be expiring in December 2009. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. C.Citizen Reports 1.Review of procedures for addressing the City Council. The procedures for addressing the Council were reviewed. City of Denton City Council Minutes November 3, 2009 Page 9 2. Receive citizen reports from the following: a.Karl Klement regarding the impact of the day labor site on his laundry business. Mr. Klement stated that he had three laundry stores in Denton. The site across from the day labor site was suffering in business with a noticeable decline starting about 5-6 months ago. He felt this was due to the day laborers in the location. He had an instance where he pulled into the parking lot of his business and men jump into the back of his truck and tried to open doors of his vehicle. In the past this had only been a minor problem with the police department helping with any problems. He knew the day labor site was there when he built the store but there had not been many problems until recently. In the mornings he had 100-150 people on his property. He had been working with the police department and for a while, the problem was under control. However, now it was getting out of hand. He asked the city to help mitigate the problem. He felt his customers were gone due to the activities of the people on the site and the city should either move the site or control it. Mayor Burroughs asked if Mr. Klement had signage indicating no trespassing as a notice to keep people off the property. Mr. Klement stated that he would do whatever necessary to control the situation and asked Council for help. Council Member Heggins asked about the police department patrolling the area and if it helped with the problems. Mr. Klement felt that if the police department was there full time it would still take six months for this business to come back. Mayor Burroughs asked if Mr. Klement thought of planting some type of bushes to keep people out of the direct area. Klement stated he would do anything Council felt that would help. D.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 Council Member Mulroy requested the City Manager to follow up on Mr. Klement’s citizen report with a memo from the Chief of Police assessing the situation and recommendations from the Assistant City Manager on going forward with what remedies could be done. Council Member Watts requested a follow-up on the information Mr. Donnelly provided regarding the detention pond. Mayor Burroughs asked staff to research possibilities for a downtown grant to help Mr. Klement with his property such as money to help plant bushes, etc. City of Denton City Council Minutes November 3, 2009 Page 10 Council Member Watts asked for a report on the election for sales tax for DCTA and the amount of payments made. E.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. F.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action taken on Closed Meeting items. With no further business, the meeting was adjourned at 7:23 p.m. __________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGGENDA INFFORMATIOON SHEET AGEENDA DATEE: Novemmber 17, 20009 DEPAARTMENTT: Utilityy Administraation ACMM: Howarrd Martin SUBJJECT Consider a requeest for an exception to thhe Noise Orrdinance to eextend workking hours foor the purpose of HHodges and AAssociates,PP.L.L.C. to pour concreete paving foor the Rayzoor Ranch Market Pllace construcction on US 380. The contractors,MMario Sinacoola and Sons, needto operate bbetween the hhours of 7:00 a.m. and 55:00 p.m. onSundays forr the duratioon of thee Hwy 380 wwidening prooject. BACCKGROUNDD Marioo Sinacola aand Sons are the contracttors for the UUS Hwy 3800 constructioon from I-35E to Boonnie Brae SStreet. Due too the near record amounts of rain in the month oof October thhe contrractor is seeking permisssion to worrk on Sundaays from 7 am to 5 pmm through thhe durattion of the HHwy 380 widdening projeect to meet tthe project ccompletion ddeadline. Thhe develloper, RRMPP Developmment LP, hass agreed to ppay the inspections feess necessary tto alloww any requireed Saturday or Sunday iinspectionsbby the City oof Denton annd the testinng laborratory. Theeexception is requested iin accordancce to Ordinaance No. 20009-62, Sectiion 17-20, ##f, Geneeral Noise VViolations: ““The erectioon, excavation, demolittion, alteratiion, or repaa workk on any buillding at anyttime other thhan between the hours off 6:00 a.m. aand 8:30 p.mm. Mondday through Friday fromm June 1 to September330; betweenn 7:00 a.m. aand 8:30 p.mm. Mondday through Friday fromm October 1 to May 31; between 8:000 a.m. and 8:30 p.m. oon Saturrday; and beetween 1:00 p.m. and 8:30 p.m. on Sunday; proovided, howwever, that thhe city ccouncil mayy issue special permits for such woork at otherr hours in caase of urgennt necesssity and in tthe interest oof public safety and confvvenience.” RECCOMMENDDATION Stafffrecommendds approvingg the noise exxception reqquest. EXHHIBITS 1.Letter of RRequest fromm C. Hodgess Developmeent Services, L.P. RRespectfullyy Submitted . S. Arora, .E. PPPP RC Enginering Administrato DDeer 1 ùôøéðì íøõ÷é÷æ÷ðíìï÷îè÷êæóù÷é ûÐÌÔÛøÊ øÛÐÐÛÉè×ÄÛÉ öÛÄ ÅÅÅÔÍØÕ×ÉÇÉÛÙÍÏ îÍÆ×ÏÚ×Ê èÍìéûÊÍÊÛ ùÓÈÃÍÖø×ÎÈÍÎ éÇÚÒ×ÙÈçé óÏÌÊÍÆ×Ï×ÎÈÉÊ×ËÇ×ÉÈÈÍÙÍÎÉÈÊÇÙÈÍÎéÇÎØÛÃÉ ø×ÛÊïÊûÊÍÊÛ å×ÛÊ×Ê×ËÇ×ÉÈÓÎÕÛÆÛÊÓÛÎÙ×ÈÍÈÔ×ùÓÈÃíÊØÓÎÛÎÙ×ûêèóùð÷óîõ÷î÷êûðé×ÙÈÓÍÎ îÍÓÉ× øÇ×ÈÍÎ×ÛÊÊ×ÙÍÊØÛÏÍÇÎÈÉÍÖÊÛÓÎÖÛÐÐØÇÊÓÎÕÈÔ×ÏÍÎÈÔÍÖíÙÈÍÚ×ÊÈÔ×ÙÍÎÈÊÛÙÈÍÊïÛÊÓÍ éÓÎÛÙÍÐÛÛÎØéÍÎÉÔÛÉÛÉÑ×ØÌ×ÊÏÓÉÉÓÍÎÈÍÅÍÊÑÍÎéÇÎØÛÃÉÈÍÏÛÑ×ÇÌÈÓÏ×ÍÎÈÔ× ÉÙÔ×ØÇÐ×èÔ×Ø×Æ×ÐÍÌ×Êêêïìø×Æ×ÐÍÌÏ×ÎÈðìÔÛÉÛÕÊ××ØÈÍÌÛÃÈÔ×ÓÎÉÌ×ÙÈÓÍÎÉÖ××É Î×Ù×ÉÉÛÊÃÈÍÛÐÐÍÅÛÎÃÊ×ËÇÓÊ×ØéÛÈÇÊØÛÃÍÊéÇÎØÛÃÓÎÉÌ×ÙÈÓÍÎÉÚÃÈÔ×ùÓÈÃÍÖø×ÎÈÍÎÛÎØ ÈÔ×È×ÉÈÓÎÕÐÛÚ éÌ×ÙÓÖÓÙÛÐÐÃÅ×ÛÊ×Ê×ËÇ×ÉÈÓÎÕÈÔÛÈÈÔ×ÙÍÎÈÊÛÙÈÍÊÚ×ÕÊÛÎÈ×ØÛÆÛÊÓÛÎÙ×ÈÍÛÐÐÍÅÅÍÊÑÍÎ éÇÎØÛÃÉÚ×ÈÅ××ÎÈÔ×ÔÍÇÊÉÍÖÛÏÛÎØÌÏÖÍÊÈÔ×ØÇÊÛÈÓÍÎÍÖÈÔ×ÊÍÛØÙÍÎÉÈÊÇÙÈÓÍÎ ÌÊÍÒ×ÙÈ éÓÎÙ×Ê×ÐÃ õÛÊÃø×æÐ××ÊÛÉÛÕ×ÎÈÖÍÊêêïìõÛøøø×æÐ× ø ÊÃø×ÊÛÉ AGENDA INFORMATION SHEET AGENDA DATE: November 17, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT- CA09-0001 (Salvo Center) Hold a public hearing and consider adoption of an ordinance changing the Future Land Use designation of approximately 16.422 acres of property from a Neighborhood Center land use designation to a Community Mixed Use Center land use designation. The property is located at the southwest corner of Hickory Creek Road and Teasley Lane (F.M. 2181). The Planning and Zoning Commission recommends approval of this request (6-0). BACKGROUND The applicant is requesting an amendment to the Comprehensive Plan of the City of Denton in support of an associated zoning change (Z09-0006) to develop the property with uses that are not permitted under the current zoning district (Neighborhood Residential Mixed Use) or Future Land Use designation (Neighborhood Center). The accompanying request is to rezone the property to a Community Mixed Use General (CM-G) zoning district. Although the requested zoning designation (CM-G) permits very similar uses to the existing zoning (NRMU), some uses such as drive through restaurants, large restaurants and retail, and quick vehicle servicing are not permitted under the current zoning (please refer to the staff report for Z09-0006 for more information). The Planning and Development Department sent legal notices of the public hearing to all owners of property within 200 feet of the subject property, and courtesy notices to all residents within 500 feet of the subject property; as of this writing, no responses have been received (Exhibit 7). PRIOR ACTION/REVIEW August 7, 2007 Property rezoned from NR-6 to NRMU April 10, 2008 Alternative Development Plan approved for Walgreens (ADP08-0005) May 7, 2008 Alternative Tree Preservation Plan approved for entire site (ATP09-0001) June 3, 2008 Specific Use Permit for drive through associated with Walgreens (S07- 0016) April 22, 2009 Alternative Development Plan approved for AutoZone (ADP09-0002) September 23, 2009 Planning and Zoning Commission held a public hearing for this request, and recommended approval (6-0) OPTIONS 1.Approve as submitted. 2.Deny. 3.Postpone consideration. 4.Table item. RECOMMENDATION approval The Planning and Zoning Commission recommends of this Comprehensive Plan Amendment request. approval The Development Review Committee recommends of this Comprehensive Plan Amendment request. EXHIBITS 1.Staff Analysis 2.Location Map 3.Existing Zoning Map 4.Existing Future Land Use Map 5.Proposed Future Land Use Map 6.Future Land Use Map 7.Notification Information 8.Letter From Applicant 9.Site Photographs 10.Planning and Zoning Commission Minutes from September 23, 2009 11.Ordinance Prepared by: Jane Gurney Associate Planner Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: CA09-0001 DATE TO BE CONSIDERED: November 17, 2009 LOCATION: The subject property is located at the southwest corner of Hickory Creek Road and Teasley Lane. APPLICANT: Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 OWNER: Salvo Real Estate Solutions 5005 LBJ Freeway, Suite 840 Dallas, TX 75224 REQUEST: Amend the Future Land Use designation of approximately 16.422 acres from a Neighborhood Center designation to a Community Mixed Use Center designation. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the requested Comprehensive Plan Amendment (6-0). The Development Review Committee recommends approval of the requested Comprehensive Plan Amendment. COMPREHENSIVE Neighborhood Center PLAN DESIGNATION: SITE AND The property is located at the southwest corner of Hickory Creek SURROUNDINGS: Road and Teasley Lane (F.M. 2181) North: Neighborhood Residential 2 and 4 (NR-2, NR-4); Residential uses, Hickory Creek Road and Lexington Park Subdivision, undeveloped land South: Neighborhood Residential 4 and 6 (NR-4, NR-6); Residential uses, Hickory Creek Ranch Subdivision, Phase 1 East: Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential (NR-4); Residential uses, Hickory Creek Plaza (Kroger plaza), Wheeler Ridge, Teasley Harbor West: Neighborhood Residential 2 and 6 (NR-2, NR-6); Residential uses, Hickory Creek Ranch Subdivision, Phase 2, Single Family uses, Denton Municipal Electric Substation 3 BACKGROUND The subject property was rezoned to a Neighborhood Residential INFORMATION: Mixed Use (NRMU) district in 2007, and the site has been under development since platting occurred in 2008. Public improvements have been completed, and one of the lots has been developed with a Walgreens store. A permit is pending for an additional lot which is to be developed with an AutoZone retail store. ANALYSIS: Comprehensive Plan The property is currently located in an area with a future land use Analysis: designation of Neighborhood Center. Neighborhood Centers are described by the Denton Plan as Within the undeveloped urban and urbanizing areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of neighborhood centers. These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. The center contains uses necessary to support the surrounding neighborhood. These support uses could include service-oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood greens and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. As reflected in the above excerpt, the Neighborhood Center designation is intended to identify areas providing local-scale services to the immediate neighborhoods, with a service area of approximately 5-10 minutes walking distance. The subject property is located at the corner of Hickory Creek Road and Teasley Lane (F.M. 2181), two primary arterials, and is surrounded by residential subdivisions. Although the subject property, and the property to the 4 east (Kroger Plaza), are both serving the immediate neighborhood, they are also providing services to a larger area. Within a one-half mile of the subject property, there are approximately 1,396 platted lots and 58 unplatted tracts of land. Within one mile radius of the subject site, there are over 3,200 platted lots and 708 unplatted tracts of land. The majority of the platted lots represent single family residential dwellings. The majority of the property in these areas is also zoned to permit various densities of single family residential uses. There are limited retail and service locations serving the southern residential subdivisions of Denton (west of I-35, south of Teasley Lane), with no commercial centers identified in the Comprehensive Plan for the area between I-35E and I-35W with the exception of a small pocket on Fort Worth Drive, which is currently developed with agricultural and single family residential uses as well as a small area at the southeast corner of Teasley Lane and Ryan Road (Exhibit 6). The addition of a Community Mixed Use Center in this area would provide an opportunity to provide more service and retail options to the residents of the subdivisions of the area bounded by I-35E and I-35W. Services similar to those provided at the corner of Hickory Creek Road and Teasley Lane (FM 2181) are at least 2 miles away (driving route distance): CVS Pharmacy, approximately 2 miles north Unicorn Lake Mixed Use Development, approximately 2.5 miles north -35 & Lillian Miller), approximately 2.8 miles north -Mart Plazas, approximately 4.5 miles south Community Mixed-Use Activity Centers, the requested Future Land Use designation, is described in the Denton Plan: The focus area of a community activity center contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high- to moderate density housing, and perhaps an elementary or middle school. It includes vertically integrated uses where different uses may occur on each floor of the building. The Denton Plan states that the role of commercial activity within the 5 City is to provide convenient and available retail, service and office opportunities to the residents of the Denton market area, and provide activities which generally support community residential activity. The Denton Plan provides strategies and principles by which commercial development should be guided and assessed, and the proposed Comprehensive Plan Amendment meets these criteria in several ways. Several of the key Commercial Land Use Principles and Strategies identified in the Denton Plan are outlined below, along with information about how the proposal currently under consideration furthers these goals. Primary Commercial Land-Use Principles Maintaining Balance. It is the desire of the residents of Denton to maintain and enhance the balance between residential and commercial land uses and assessed values in Denton. Limiting Strip Development. One of the overall goals of the land use plan is to limit the amount of strip commercial development Demanding Quality. The quality of development, particularly commercial development along the citys corridors, is a significant factor in the quality of neighborhoods, the urban environment, and the sustainability of structures. Adequate public facilities shall be a criterion by which zoning is granted. Introducing a Community Mixed Use Center land use designation on the subject property will set up a focal point for commercial uses serving the residential subdivisions of the southwest Denton. The subject property is located at the intersection of two heavily travelled primary arterials, both of which are anticipated to be developed in the future. This property makes an ideal candidate for a Community Mixed Use Center given its location, the adjacent uses on the Kroger site, which are compatible with a Community Mixed Use Center, and the residential base that has been developed to service the area. Focusing commercial development at the hard corner of this intersection should help dissuade strip development along the frontage of Teasley Lane, and provide a balance of service opportunities for the area. DEPARTMENT AND The Development Review Committee has reviewed this application. AGENCY REVIEW: No issues directly related to the request were identified during the review; however, the applicant has been advised that the introduction of any uses not contemplated during the preliminary platting of the subject property may trigger additional infrastructure assessments or requirements for improvement. FINDINGS: The criteria for approval of a Denton Plan Amendment are provided 6 in the Denton Development Code (35.3.3.B). The criteria and the assessment of the application and how it meets each of the criteria follow. a. The Goals and Objectives of The Denton Plan, The proposed amendment will meet many of the Goals and Objectives of the Denton Plan, as explained in the Background and Findings section of this report. b. The Future Land Use element of The Denton Plan, The requested Future Land Use designation, Community Mixed Use Center, is an appropriate designation for an area such as the subject site which is located at the intersection of two primary arterial roadways, including a TxDOT road, and surrounded by existing residential areas. c. The balance of land uses in the City; There are no similar Future Land Use designations in the immediate area, and the change in the Future Land Use of the subject property to a Community Mixed Use Center would provide a center of commercial opportunity within an approximately 9 square mile area that lies within the Neighborhood Center/Existing Land Use area. d. Adequate Public Facility elements of the Denton Plan, and how the proposed change will affect the provision of the services anticipated in The Denton Plan. The assessment of public facilities and infrastructure for the site has been made during the platting of the property in anticipation of uses compatible with the current zoning designation (Neighborhood Residential Mixed Use, NRMU). The public improvements made to date are adequate to serve retail and professional service uses that are on a neighborhood scale. If a use not contemplated during the platting of the property (e.g. large- scale retail or restaurant) is proposed for the site, or any amendment of the plat is required, further assessment of the infrastructure and public improvements required to serve the site will need to be made at that time. In addition to the Criteria for approval, the Denton Development Code also provides additional factors under which Denton Plan Amendments are to be evaluated in order to ensure balancing public health, safety, morals, or general welfare promotion against the right to the use of the property. a. The existing land use pattern surrounding the property and the 7 possible impact on existing or future development or uses that are in accordance with existing regulations; The proposed amendment will assist in establishing the area as a commercial center serving the surrounding developments. It can also serve to mitigate some of the impacts of development that are likely to be associated with the continued residential development, the improvement of Teasley Lane (FM 2181) and the extension of FM 2499 by focusing more intense commercial development rather than allowing commercial development to develop in a sprawling pattern along Teasley Lane and FM 2499. The area is highly traveled, and in combination with the developed site to the east (Kroger Plaza), and the DME substation to the west, it will offer a transition between the busier roads and possible future residential development. b. The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject property is over 16 acres in size. Although there will not be any similar zoning or property with the same Future Land Use adjacent to it, the size exceeds that anticipated for the existing Future Land Use designation, Neighborhood Centers (maximum 10 acres), and meets the expectation for the Community Mixed Use Centers (up to 30 acres). The property to the east (Kroger Plaza) ses that are compatible with the zoning districts in the Community Mixed Use Centers. c. The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience, and other public requirements; The massing of residential subdivisions along the Teasley corridor have provided the population density to support larger-scale commercial development in this area, and the development pattern to date on the subject property has been able to provide adequate transportation and facilities. As mentioned previously, the introduction of uses not anticipated in the previous platting activity of the subject property may require additional assessments of infrastructure capacity, including, but not limited to roadways, sanitary sewer, drainage, and water. d. The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures; Any public improvements triggered by the development of the subject property shall be made by the applicant. The property fronts Teasley Lane (F.M. 2181), and all improvements related to 8 this roadway will be the responsibility of TxDOT. There should not be any direct cost to the City as a result of the requested Comprehensive Plan Amendment. e. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity; Improvements to the drainage system on the site have been required as part of the first developed lot on the property (Walgreens). Additional improvement requirements may be required based on the subsequent platting of the property. The site was evaluated for Environmentally Sensitive Areas previously, and it was determined that none exist on the site. f. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Map; and There are no substantial reasons why the property cannot be used in accordance with the existing zoning or the existing Future Land Use Map. The property was initially purchased and development initiated under the existing zoning, Neighborhood Residential Mixed Use (NRMU). The applicant could continue to develop the property under this zoning. Although the requested zoning designation (CM-G) permits very similar uses to the existing zoning (NRMU), some uses such as drive through restaurants, large restaurants and retail, and quick vehicle servicing are not permitted under the existing zoning (please refer to the staff report for Z09- 0006, Item 4B, for more information). g. The action shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. The recommendation to amend the Future Land Use component of the Comprehensive Plan is being made based on the principles and objectives of the Denton Plan, the existing use of the subject property and adjacent properties, and the surrounding uses. 9 EXHIBIT 2 LOCATION MAP 10 EXHIBIT 3 EXISTING ZONING MAP 11 EXHIBIT 4 EXISTING FUTURE LAND USE MAP 12 EXHIBIT 5 PROPOSED FUTURE LAND USE MAP 13 EXHIBIT 6 FUTURE LAND USE MAP 14 EXHIBIT 7 NOTIFICATION INFORMATION Public Notification Date: September 13, 2009 * sent via Certified Mail: 13 In Opposition: 0 In Favor: Neutral: * - A copy of the notification list is available at City Hall West, 221 N. Elm Street, Denton, TX 15 EXHIBIT 8 LETTER FROM APPLICANT 16 17 18 19 20 21 EXHIBIT 9 SITE PHOTOGRAPHS View of property from Hickory Creek Road, View of property from Teasley Lane, looking looking toward the south. toward the west. Looking north along Teasley Lane toward the Looking east along Hickory Creek Road toward the intersection of Hickory Creek Road and Teasley intersection of Hickory Creek Road and Teasley Lane. Lane. 22 ÷äôóúóè ÷äôóúóè AGENDA INFORMATION SHEET AGENDA DATE: November 17, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT- Z09-0006 (Salvo Center) Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 16.422 acres of land from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Community Mixed Use General (CM-G) zoning district. The property is located at the southwest corner of Teasley Lane (FM 2181) and Hickory Creek Road. The Planning and Zoning Commission recommends approval of this request (6-0). BACKGROUND The applicant is requesting an amendment to the zoning designation of the subject property in order to develop it with uses not permitted under the current zoning. Although the requested zoning designation (CM-G) permits very similar uses to the existing zoning (NRMU), some uses such as drive through restaurants, large restaurants and retail, and quick vehicle servicing are not permitted under the existing zoning. In order for this request to be approved, the associated Comprehensive Plan Amendment request (CA09-0001), must first be approved by City Council. The Planning and Development Department sent legal notices of the public hearing (Exhibit 7) to all owners of property within 200 feet of the subject property, and courtesy notices to all residents within 500 feet of the subject property; as of this writing, no responses have been received. PRIOR ACTION/REVIEW August 7, 2007 Property rezoned from NR-6 to NRMU April 10, 2008 Alternative Development Plan approved for Walgreens (ADP08-0005) May 7, 2008 Alternative Tree Preservation Plan approved for entire site (ATP09-0001) June 3, 2008 Specific Use Permit for drive through associated with Walgreens (S07- 0016) April 22, 2009 Alternative Development Plan approved for AutoZone (ADP09-0002) September 23, 2009 Planning and Zoning Commission held a public hearing and recommended approval of the request. OPTIONS 1.Approve as submitted. 2.Deny. 3.Postpone consideration. 4.Table item. RECOMMENDATION approval The Planning and Zoning Commission recommends of this zoning amendment request (6-0). approval The Development Review Committee recommends of this zoning amendment request. EXHIBITS 1.Staff Analysis 2.Location Map 3.Existing Zoning Map 4.Proposed Zoning Map 5.Existing Future Land Use Map 6.Proposed Future Land Use Map 7.Notification Information 8.Letter From Applicant 9.Site Photographs 10.Planning and Zoning Commission Minutes from September 23, 2009 11.Ordinance Prepared by: Jane Gurney Associate Planner Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development 2 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: Z09-0006 DATE TO BE CONSIDERED: November 17, 2009 LOCATION: The subject property is located at the southwest corner of Hickory Creek Road and Teasley Lane. APPLICANT: Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 OWNER: Salvo Real Estate Solutions 5005 LBJ Freeway, Suite 840 Dallas, TX 75224 REQUEST: Amend the zoning designation of approximately 16.422 acres from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Community Mixed Use General (CM-G) zoning district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the requested zoning change (6-0). The Development Review Committee recommends approval of the requested zoning change. COMPREHENSIVE The property is currently in an area with a Neighborhood Center PLAN DESIGNATION: Future Land Use Designation. A request is being made to amend this designation to a Community Mixed Use Center Future Land Use designation in an associated case (CA09-0001) being considered at this hearing, SITE AND The property is located at the southwest corner of Hickory Creek SURROUNDINGS: Road and Teasley Lane (F.M. 2181) North: Neighborhood Residential 2 and 4 (NR-2, NR-4); Residential uses, Hickory Creek Road and Lexington Park Subdivision, undeveloped land South: Neighborhood Residential 4 and 6 (NR-4, NR-6); Residential uses, Hickory Creek Ranch Subdivision, Phase 1 East: Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential (NR-4); Residential uses, Hickory Creek Plaza (Kroger plaza), Wheeler Ridge, Teasley Harbor West: Neighborhood Residential 2 and 6 (NR-2, NR-6); Residential uses, Hickory Creek Ranch Subdivision, Phase 2, Single Family uses, 3 Denton Municipal Electric Substation BACKGROUND INFORMATION: The subject property was rezoned to Neighborhood Residential Mixed Use (NRMU) in 2007, and the site has been under development since platting occurred in 2008. Public improvements have been completed, and one of the lots has been developed with a Walgreens store. A permit is pending for an additional lot which is to be developed with an AutoZone retail store. ANALYSIS: Comprehensive Plan The property currently has a Future Land Use designation of Analysis: Neighborhood Center. A request is under consideration to change the Future Land Use designation to Community Mixed Use Center. Please refer to the staff report for CA09-0001 for more detailed information for the Comprehensive Plan Analysis. Development Code/Zoning Analysis The requested zoning district, Community Mixed Use General (CM- G), and the existing zoning district Neighborhood Residential Mixed Use (NRMU), permit very similar uses (refer to Table 1), and the maximum lot coverage and minimum landscaping percentages are the same in both zoning districts (Table 2). Although the uses permitted within each of these zoning districts are similar, there are differences most notably in the size limitations and the requirements for Specific Use Permits. The current zoning, NRMU, restricts general retail and office uses to 25,000 square feet, but the requested zoning, CM-G, has no such limitation on the size of these uses. Restaurants are limited to a maximum of 4,000 square feet and restricted to sit-down service only and (i.e. no drive throughs) in the NRMU zoning district, but there are no such limitations in the CM-G zoning district. Additionally, Specific Use Permits (SUPs) are required in the NRMU zoning district for drive-through uses, for grocery stores larger than 25,000 square feet, but these are not required in the CM-G zoning district. In order for the zoning change to be permitted, the requested Comprehensive Plan Amendment (CA09-0001) must first be approved which will make the zoning compatible with the Future Land Use designation of the property. 4 Table 1. Comparison of General Regulations of the NRMU and CM- G zoning districts (categories not included are regulated in the same manner for both zoning districts). Land Use Category NRMU CM-G Attached Single Family Dwellings P N Group Homes SUP N Multi-Family Dwellings SUP/L(4) SUP/L(6) and L(4) Home Occupation P N Motels N P Bed and Breakfast P P Retail Sales and Service L(17) P Movie Theaters N SUP Restaurant or Private Club L(11) P Drive-through Facility SUP P Professional Services and Offices L(17) P Quick Vehicle Servicing SUP P Vehicle Repair N P Auto and RV Sales N P Outdoor Recreation SUP P Indoor Recreation N P Major Event Entertainment N SUP Commercial Parking Lots N P Administrative or Research Facilities L(14) P Broadcasting of Production Studio L(14) P Printing / Publishing N P Bakeries L(21) P Business / Trade School L(14) P High School SUP P Colleges N P Elderly Housing P N Mortuaries N P Table Legend: SUP = Specific Use Permit is required P = Permitted Use N = Use is Not Permitted The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(4) = Multi-family is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or If allowed by a City Council approved neighborhood (small area) plan. 5 L(6)nd = Permitted only on 2 story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. Table 2. A comparison of the General Regulations between the NRMU and CM-G zoning districts. General Regulation NRMU CM-G Minimum lot area (sq ft) 2,500 2,500 Minimum lot width 30 feet 50 feet Minimum lot depth 80 feet 50 feet Minimum front yard setback 10 feet 10 feet Minimum side yard 6 feet None Maximum lot coverage 80% 80% Minimum landscaped area 20% 20% Maximum building height 65 feet 65 feet DEPARTMENT AND The Development Review Committee has reviewed this application. AGENCY REVIEW: No issues directly related to the request were identified during the review, however, the applicant has been advised that the introduction of any uses not contemplated during the preliminary platting of the subject property may trigger additional infrastructure assessments or requirements for improvement. FINDINGS: The criteria for approval of Zoning Amendments, per 35.3.4.B.2 of the Denton Development Code require that: 1. The proposed rezoning conforms to the Future Land Use element of the Denton Plan, and If the associated Comprehensive Plan Amendment request (CA09- 0001) is granted, the proposed rezoning will conform to the Future Land Use element of the Denton Plan. Amending the Future Land Use designation of the subject property to a Community Mixed Use Center, as requested in the associated case, would provide a Future Land Use category compatible with the requested zoning, Community Mixed Use General (CM-G). 2. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public 6 requirements and public convenience. Adequate water and wastewater service are available to the subject property, based on the current platting of the property. If any uses are introduced to the site that were not anticipated under the Neighborhood Residential Mixed Use (NRMU) zoning district, then additional assessments or analyses may be requested of the applicant to ensure that adequate infrastructure exists to support the use. 7 EXHIBIT 2 LOCATION MAP 8 EXHIBIT 3 EXISTING ZONING MAP 9 EXHIBIT 4 PROPOSED ZONING MAP 10 EXHIBIT 5 EXISTING FUTURE LAND USE MAP 11 EXHIBIT 6 PROPOSED FUTURE LAND USE MAP 12 EXHIBIT 7 NOTIFICATION INFORMATION Public Notification Date: September 13, 2009 * sent via Certified Mail: 13 In Opposition: 0 In Favor: 0 Neutral: 0 * - A copy of the notification list is available at City Hall West, 221 N. Elm Street, Denton, TX 13 EXHIBIT 8 LETTER FROM APPLICANT 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT 9 SITE PHOTOGRAPHS View of property from Hickory Creek Road, View of property from Teasley Lane, looking looking toward the south. toward the west. Looking north along Teasley Lane toward the Looking east along Hickory Creek Road toward the intersection of Hickory Creek Road and Teasley intersection of Hickory Creek Road and Teasley Lane. Lane. 26 ÷äôóúóè ÷äôóúóè éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: November 17, 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: Historic Landmark Commission – a nomination from Council Member Watts is needed. 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 10-6-09.doc