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HomeMy WebLinkAboutMarch 9, 2010 Agenda AGENDA CITY OF DENTON CITY COUNCIL March 9, 2010 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Closed Session on Tuesday, March 9, 2010 at 4:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following item will be considered: 1. Closed Meeting: A. 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 conflicting legal claims regarding a certain 3.814 acre tract of land situated at the northeast corner of Loop 288 and Spencer Road, in the City of Denton, Denton County, Texas and lying in the Mary L. Austin Survey, Abstract No. 4 and in the M.E.P. and P.R.R. Survey, Abstract No. 927, in the City of Denton, Denton County, Texas. Consultation with the city's attorneys regarding legal issues associated with a compromise of conflicting claims regarding said land, where such discussion and deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations regarding a settlement of such claim and 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. Following the completion of the Closed Session the Council will convene in a Work Session to consider the following: 1. Receive a report, hold a discussion and give staff direction regarding the proposed development for the Fry Street area. 2. Receive a report and hold a discussion regarding the status of various drainage projects associated with the sale and delivery of $7,065,000 in certificates of obligation as approved by City Council on October 2, 2007 and supported in the FY2007-FY2008 budget by a one cent tax increase per $100 of property valuation. 3. Receive a report, hold a discussion and give staff direction regarding a Best Practices for Pipeline and Municipality Relations Resolution. Following the completion of the Work Session the Council will convene in a Special Called Meeting to consider the following: A. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Compromise, Settlement and Release of All Claims by and between the City of Denton, Texas and DBT Porcupine, L1, a Delaware Business Trust; authorizing the City Manager and City Attorney to act on the City's behalf in executing any and all conveyances and other supporting documents pertaining thereto; and to take such other City of Denton City Council Agenda March 9, 2010 Page 2 actions as are necessary to effectuate and finalize the settlement; authorizing the City Manager to receive an easement on behalf of the City of Denton, Texas; authorizing the expenditure of any funds for incidental expenses; and declaring an effective date. B. Consider approval of a resolution by the City Council of the City of Denton, Texas regarding the Best Practices for Pipeline and Municipality Relations Resolution; and providing an effective date. NOTE: 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, including without limitation, 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 2010 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: March 9, 2010 DIVISION: Planning r ACM: Fred Greene SUBJECT Receive a report, hold a discussion, and give staff direction regarding the proposed development for the Fry Street area. BACKGROUND On December 21, 2009, Dinerstein Companies submitted a pre-application (PAC09-0122) for a proposed student housing development in the Fry Street area. The proposal included a four (4) story apartment complex with a total of 586 beds distributed among 1-, 2-, and 4-bedroom units. The pre-application was reviewed by the Development Review Committee (DRC) and comments were returned to the applicant on December 31, 2009. The applicant held a neighborhood meeting to solicit input on the proposal on January 27, 2010, and modified the site plan based on the DRC comments and the public input they received. On February 17, 2010, a second public meeting was held to present a modified site plan to the public and to solicit feedback. Approximately 70 people attended the first meeting, and 50 people attended the second meeting (based on sign in sheet information). The subject property, as shown in Exhibit 1, includes the majority of the property in the block bound by Oak Street, Fry Street, Hickory Street and Welch Street. The property is within a Downtown Commercial General (DC-G) zoning district; however, it is also within the Fry Street Overlay District, and as such, is subject to the regulations of the Overlay District. The Fry Street Overlay District was adopted in 2000 (Ordinance 2000-044; Exhibit 2), and created a special district that was intended to recognize the important role the area plays in the community and in the lives of many college students. This Overlay also provides regulations to aid in redevelopment and revitalization in the area with developments compatible with, and serving to preserve the unique character of the Fry Street Area. In addition, the Overlay District addresses issues related to parking, area and height requirements, and solid waste containers. During the review of the pre-application, a number of aspects of the proposal were identified as being in conflict with the Fry Street Overlay District regulations, including height limitations that would not allow the proposed residential or parking strictures, and required minimum land areas for each unit in multi-family unit. The Fry Street Overlay District restricts strictures to no more than three (3) stories, and the overall building height to a maximum of 45 feet, including any rooftop equipment. A second Pre-Application was submitted on March 1, 2010 to receive feedback on a modified site plan assessed against the Denton Development Code (DDC) and an amendment to the Fry Street Overlay District which will be proposed by the applicant, Dinerstein Companies. The modified site plan (Exhibit 3) includes a mixed-use development with approximately 10,000 square feet of retail uses on the first floor, a mixture of 1-, 2-, 3-, and 4-bedroom apartments (a total of 618 beds), and it incorporates architectural features and an open area plaza not previously included. The new proposal will not meet the current regulations of the Fry Street Overlay District, mainly due to height restrictions. The DRC has not completed the review of the revised site plan, and as such, other areas that do not comply with the DDC or the Fry Street Overlay District may be identified during the review process. The applicant has not yet submitted their request for an amendment to the Fry Street Overlay District, and the site plan being presented by the applicant during this work session has not been reviewed by all members of the Development Review Committee for compliance with the DDC. EXHIBITS 1. Project Boundary 2. Fry Street Overlay District Ordinance 3. Proposed Site Plan 4. Building Elevations on Hickory Street for Proposed Plan 5. Artist's Renderings of Proposed Plan from corner of Fry and Hickory Streets 6. Meeting Minutes from January 27, 2010 Public Meeting Prepared by: ~t Jane Gurney Senior Planner Respectfully submitted by: ~ivt Fred Greene Assistant City Manager, Neighborhood Services EXHIBIT 1 PROJECT BOUNDARY n , OAK air i HICKORY l{ , I EXHIBIT 2 FRY STREET OVERLAY DISTRICT ORDINANCE ORDINANCE NO X'90 -V O~ AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO ADD ARTICLE XI "FRY STREET OVERLAY ZONING DISTRICT" AND AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO 69-1, AS AMENDED SAID MAP APPLYING TO 12 42 ACRES OF LAND AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR THE CREATION OF A SPECIAL ZONING OVERLAY DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF THE CODE OF ORDINANCES, SAID DISTRICT TO BE KNOWN AS THE FRY STREET DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 00 FOR VIOLATION THEREOF, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on January 12, 2000, the Planning and Zoning Commission, after review of the Fry Street Small Area Plan, held a public hearing thereon, and recommended the creation of an overlay zoning district to be called the Fry Street District, and WHEREAS, on February 1, 2000, the City Council, after reviewing the Fry Street Small Area Plan, and recommendation thereof by the Planning and Zoning Commission, held a public hearing on the creation of the proposed Fry Street District, and WHEREAS, the City of Denton recognizes the important role that the Fry Street Area plays in the community as well as in the lives of many college students, and WHEREAS, the overlay zoning district for the Fry Street District and the regulations contained herein are designed to aid in redevelopment and revitalization that is compatible with and will serve to preserve the unique character in the Fry Street Area, and WHEREAS, the City Council of the City of Denton hereby finds that the creation of an overlay zoning district for the Fry Street District as provided herein is in the public interest, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS E I Chapter 35 of the Code of Ordinances of the City of Denton is hereby amended to add Article XI so as to read in its entirety as follows ARTICLE XI. FRY STREET ZONING OVERLAY DISTRICT Sec. 35411 Fry Street District Established. There is hereby established a special zoning overlay district to be known as the Fry Street District The Fry Street District is defined as that area approximately 12 42 acres in size which is bounded by Welch Street to the east, Oak Street to the North, Ave B to the northwest, Ave A to the southwest, Mulberry Street to the south, and Hickory to the southwest The Fry Street District is also depicted on Exhibit "A", attached hereto and incorporated herein by reference The zoning map of the City of Denton, Texas, adopted on the 14th day of January 1969, as an appendix to the Code of Ordinances of the City of Denton, Texas, under ordinance 69-1, as amended, is hereby further amended to show the property herein described as the Fry Street District to be a special or small area district, by showing thereon the suffix "FS" for such district designation, which designation shall be in addition to any other zoning classification designated for said property as shown thereon All buildings, structures, sites, and properties within the designated district shall be subject to the restrictions, limitations, and provisions of the Fry Street District regulations as provided for in this article Sec. 35-412. Purpose and Intent. The purpose and intent of this article is to ensure public peace, safety, cleanliness, and general welfare for community members and patrons of the Fry Street District, by providing for regulations on off-street and remote parking, the location of solid waste containers, and the regulation of signs, setbacks, and residential & commercial density See. 35-413. Short Title. This article may be cited as the Fry Street District Regulations Sec 35-414. Off-Street Parking. The provisions of section 35-301 of the Code of Ordinances of the City of Denton shall apply to the Fry Street District, except as modified as follows a Remote parking Remote off-street parking to serve a building or use within the Fry Street District may be provided on a tract or parcel of land other than on which the building or use being served is located, provided that the required off- street parking space shall be within one thousand (1,000) feet of the building or use being served and shall provide convenient pedestrian access to the building or use being served b Non-residential, including restaurant, retail, private club, on premises sale of beer and/or wine One space for each four hundred (400) square feet of floor area or one (1) space for each six (6) seats under maximum seating arrangements, whichever is greater c Multi -family residential Multi-family residential development shall be required to provide parking according to the following schedule 1 Efficiency units one and one-fourth (125) space 2 Units with 1 bedroom one and one-half (150) space 3 Units with 2 or more bedrooms one space for each bedroom Page 2 of 6 d Fraternities, Sororities, Boarding and Lodging Houses One (1) space for each bedroom See. 35-415. Area and Height Requirements. The provisions of section 35-91 of the Code of Ordinances of the City of Denton shall apply to the Fry Street Distract, except as modified as follows a Minimum lot area 1 Residential uses 6,000 square feet 2 Non-residential uses No minimum lot area 3 Mixed uses, including residential No minimum lot area b Minimum lot depth 1 Residential uses 100 feet c Minimum lot width 1 Residential uses 60 feet d Maximum building coverage 1 Residential uses 50% 2 Non-residential uses 100% 3 Mixed-uses that include residences 80% e Floor /Area Ratio 1 Residential uses 3 1 2 Non-Residential uses 2 1 3 Mixed-uses that include residential 3 1, provided that residential comprise the top story of any structure f Required Yards 1 Residential uses Front Minimum of 30 feet from centerline of street Side No required yard Rear Minimum of 10 feet 1 Non-Residential uses Front Minimum of 30 feet from centerline of street Side No required yard Rear No required yard 1 Mixed-uses that include residential Page 3 of 6 Front Minimum of 30 feet from centerline of street Side No required yard Rear Minimum of 10 feet for any floor that includes residences g Height Regulations No structure may exceed 3 stones Overall building height, including HVAC equipment, roof systems, vent stacks, chimneys, etc, may not exceed 45 feet in height h Residential densities The maximum number of apartment units that can be constructed on a site, while observing regulations including floor area ratio, building coverage, parking, height and setbacks, shall require a minimum land area in accordance with the following schedule 1 Efficiency 1,000 square feet 2 One bedroom apartment 1,200 square feet 3 Each additional bedroom per apartment 300 square feet Sec 35-416. Multi-Family Uses Multi-family residential uses shall be allowed within any zoning district within the Fry Street District Sec. 35-417. Solid Waste Containers. a) Location Solid waste containers in the Fry Street District shall be located off the street in a centralized location, to the rear of a building served by the container, and shall be screened with devices made of masonry or wood b) Consolidation Consolidation of containers is required of every owner, occupant, tenant, or lessee of any business, commercial, or institutional property, or other property not entitled to residential solid waste collection service Each owner, occupant, tenant, or lessee of any business, commercial, or institutional property shall arrange, by contract with the city, commercial solid waste collection and disposal services from the city's solid waste division, except as otherwise specified in Chapter 24 of the Code of Ordinances of the City of Denton, Texas C) Other provisions All service charges and container regulations shall comply with Chapter 24 of the Code of Ordinances of the City of Denton Sec 35418 Sign Regulations. The provisions of Chapter 33 of the Code of Ordinances of the City of Denton, shall apply, except as follows Page 4 of 6 a Prohibited signs Ground and monument signs shall not be permitted within the District b Allowed signs 1 Non-Residential All non-residential signs in the Fry Street District shall be wall signs, mounted parallel with, not perpendicular to, the face of the wall upon which the sign is secured 2 Residential All residential signs in the Fry Street District shall be wall mounted signs, mounted parallel with, not perpendicular to, the face of the wall upon which the sign is secured Signs shall be limited to the purpose of indicating the name of the residential development (apartment, condominium, etc ) or for informational or regulatory purposes 3 Mixed-uses that include residential Wall signs shall be allowed only on those stories of a building that include non-residential uses See. 35-419. Conflict with Other Regulations. To the extent the provisions of this article conflict with any other ordinances of the City of Denton, the provisions of this article shall control All provisions of other City of Denton ordinances not in conflict with this article shall remain in full force and effect S ACTION 2 if any provisions of any section of this ordinance shall be held to he void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect SECT ION 3 Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION 4 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage PASSED AND APPROVED this the St day of , 2000 JAC LLER, MAYOR Page 5 of 6 ATTEST JENNIFER WALTERS, CITY SECRETARY t By 01 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By Page 6 of 6 EXHIBIT A LLP, El U ❑ ❑ ❑ ❑ u~ 6 HQl3M....ww.~g - - - ~ ❑ ; El 77 I: © I m LL 03 ::FEE AMA © 0 EI fl DL c ❑ I ❑ ;I was ° © L. I 3 I J - - 9 3I~V - ' 9 3AV - - - L J_~❑T❑~ _.J L❑ ❑J © ~ ~ ~LLI EXHIBIT 3 PROPOSED SITE PLAN FRY STRFFT j _n mI I F,,,._Fl l z r !`t l~. p kr l ~vA I ~ _ _ 5h'F I~,-E IIIII~g I~g d pfh}}}~I1~NINRVI.... m49111~44....16~RlllAlllftttA\fF m In t )NELCHPSTREET a t-ra c3 rya EXHIBIT 4 BUILDING ELEVATIONS ON HICKORY STREET FOR PROPOSED PLAN ~h 1 i EXHIBIT 5 ARTIST'S RENDERING OF PROPOSED PLAN FROM CORNER OF FRY AND HICKORY STREETS r 'a R a _t eq, a ~~1~ 1 EXHIBIT 6 MEETING MINUTES FROM JANUARY 27, 2010 PUBLIC MEETING City of Denton Fry Street Neighborhood Meetink Minutes City Council Chamber January 27, 2010 1.Ca11 to order Assistant City Manager, Fred Greene called to order the meeting at 6:30 on January 27, 2010 in City Council Chamber at 215 E. McKinney Street. 2.Roll call The following persons were present: Fred Greene, Assistant City Manager Jim Engelbrecht, Council Member Mark Cunningham, Director, Planning & Development Department Brian Locldey, DRC Administrator Katia Boykin, Neighborhood Planner Jane Gurney, Project Manager 3 .Introduction Fred Greene introduced the staff members that were present. He stated that this type of meeting between the developer and the neighborhoods is something new the city is trying to implement. This will allow the neighborhoods to have more input into potential developments in their areas. This meeting will allow the developer to receive input, prior to designing the proposed project. Mr. Josh Vasbinder representing the Dinerstein Company will conduct the meeting. Brian Locldey, DRC Administrator, will walk through the aisle with the microphone for the audiences use. 4.Developer's Presentation 1. Mr. Vasbinder introduced himself and thanked city staff for setting up this meeting with the neighborhood. 2. Dinerstein Company is based out of Houston, Texas. They have been in business for about 57 years. Dinerstein is a privately owned organization. Their address is 3411 Richmond Avenue, Houston, Texas. 3. They are proposing a development at 1231 W Oak in the Fry Street area. 4. Dinerstein Company has built at least 40 different student housing projects. They submitted a Pre-Application in December to the Planning Division to get the ball rolling and to receive input into the requirements, challenges, and to surmise the impact of this type of development. They received their city comments on December 31, 2009. 5. They have not purchased the property as of yet. It is under contract. They are not obligated to purchase this property. 6. This will be a LEED Silver project. All of their projects follow the green standard. This is not a required standard that they have to follow. 5.Public Input (Question & Answer) 1. Anita Brno asked that Mr. Vasbinder elaborate on the type of project that they are proposing. Mr. Vasbinder stated that they are proposing a student housing project on this location. How big or how small this project will be has not been determined. They are proposing multi-family student housing and retail. They did not originally submit a mixed used project, but they are open to having a mixed use component. They are doing pre- due diligence meeting with people in the community. They will have to ask for a 12-15 ft height amendment to the Fry Street Overlay to add a fourth floor to their proposed project in order to accommodate mixed use. Retail will be on the bottom with 3 floors of residential above. It would be located at the intersection of Fry and Hickory. 2. Cecil Harwell asked about the residential (4 story) being located on the Oak and Welch and retail on Fry Street and Hickory along the bottom. Mr. Vasbinder responded that he could not speak on what happened in the past. The goal is to move forward. This is the opportunity to develop this vacant dirt lot into something positive for the community. This is an A plus location. This can be a catalyst to future growth and opportunities in Denton. The Fry/Hickory intersection makes sense to utilize for retail, but that is the side that will be transitioned due to the height and zoning. The transition will take place between Oak and Hickory. If the community thinks that a two-story transition would work better, they will look into it. They are not proposing any retail on Welch. To clarify and make it clear, they are definitely open to the mixed use concept. Cecil asked another question(unclear-not on the microphone) Mr. Vasbinder responded stated that they are open to incorporating local businesses into the project. He referenced an example called Fuzzy Taco. As a family organization, they are open to incorporating the local businesses that will succeed and thrive in this type of environment. This is a long term investment for Dinerstein. 3. Lauren Womack asked about the variance of three-stories to four. She asked for an approximation of the total height. Mr. Vasbinder responded that the approximate height would be 55 to 60 ft on the Fry/Hickory side and 50 to 55 ft on the Welch side. Lauren asked about the compromise between the retail and residential. She asked if the retail would compensate for what they might lose in lack of beds. Mr. Vasbinder responded that it really would not compensate. Due to additional parking requirements and other improvements. Lauren stated that she is all about this being retail. Suggested that there be retail all along the bottom. 4. Elise Ridenour stated that she went on their website and noticed that some of their developments are SRO Student housing with single room occupancy. Are you willing to negotiate the necessity of not renting by the bed vs. by the unit? Mr. Vasbinder responded that Dinerstein is not a SRO. They are open to renting by the unit and not just the bed. Elise asked if they could be something in writing. She believes that this is a big concern for this community. Mr. Vasbinder stated that they are open to making it a condition. 5. Heather Abbott asked if Dinerstein was open to community based amenities like parks, small green areas, benches, pedestrian oriented things, etc. Mr. Vasbinder responded that they are open to developing a sense of place, but there are limits like the cell tower. As part of their retail they are looking at a courtyard open spaces with tables and outdoor seating. They are open to this idea. 6. Jesse (Last name not given) just wanted to thank Mr. Vasbinder for being here. Jesse and his friends are looking forward to this development. Mr. Vasbinder thanked him. 7. Kevin Roden asked about the 5 story parking stricture in the original plan. Mr. Vasbinder responded that this was preliminary. Their goal is to try to keep the height to a minimum. Their hope is to keep the parking stricture at or near the 45 ft limit. It will not be as high as what was proposed on the original plan. 8. Lauren asked another question about the parking and traffic issues. Mr. Vasbinder stated that they understand that parking is a concern. They anticipate that there will be a surplus of parking. They are hoping to lower the impact to traffic. They are willing to do creative things for energy, parking, and traffic. 9. Patrice Lyke stated that she is happy with the suggestion of mixed use. She believes that the new proposed development will be used. Mr. Vasbinder thanked her for her kind words. 10. Erin O'Toole asked what is the longest the company has been running a development? The second question is what is done to make sure that the apartment complex remains attractive and a vital place where students would want to live? Mr. Vasbinder stated that they are very proactive in their management style. Their company is family owned. Along with a full time staff, they have Community Assistants (CA's) that help manage the facility. By using full-time students as CA's, they feel that it helps to control the normal rowdiness that is associated with student housing. Their facilities are managed very similar to hotels. It is built with the highest standards and it will be managed with high standards. 11. No name given. He referenced a movie called "Up" and asked if everyone was familiar with the development project in Seattle that the movie was based on. Within the movie, a residential home was surrounded by concrete walls. He wanted to know how they would integrate with the existing businesses, like Cool Beans, that are presently in this location. Mr. Vasbinder responded that they have the majority of the property under contract with the previous developer, United Equities. They have not talked with the owners of Cool Beans, so possibly, they will build around it. Their objective is to integrate their development into what is pre-existing at this location. 12. Kati Trice stated that she is happy about the mixed use, but what about the other dynamics in the area? She felt that they are targeting just one group and that is the student population. There more facets to this community. Mr. Vasbinder stated that they hope to bring all of the groups together. Fair Housing does not allow for that type of marketing; they will market and rent to whoever is qualified and whoever wants to rent an apartment. They plan to offer a range of 1 to 4 bedroom apartments. They are hoping to offer a variety to the community. Kati's second question. A need that she sees is more community areas, mini conference space, meeting space, open space, and natural environments. Mr. Vasbinder stated that those are things that we will consider. 13. Devin Taylor has lived in Denton about 17 years and he is telling a story about UNT facing Fry Street and some of the history. His question is about the parking. Can the parking be decreased? Mr. Vasbinder stated that he agrees, but that is not his call. The answer would have to come from the city. Brian Locldey, DRC Administrator, responded stating that the city would be open to evaluating the numerous parking opportunities that are available. The city would have to wait until Dinerstein submits in order for us to make a decision pertaining to the parking requirements. It would have to be based on what is best for the city and the community. Mr. Vasbinder stated that this is kind of a delicate balance. They want to provide enough parking, but not too much. By not providing enough parking, it could cause a problem with the other businesses in the area. 14. Howard Draper asked about the bike parking availability and how much the project would provide. Presently, UNT has about 3,000 bike rack spots. Mr. Vasbinder responded they do not currently have bike parking, but they are open to providing bike racks and incentives to the residents. They are willing to meet offline about the bike space. Howard asked about bringing cultural maturity to the environment. Opening the area up to other citizens that are not students. Possibly patio restaurants. Mr. Vasbinder responded okay. 15. Tammy Bassham asked how they propose to attract the local businesses to their project and are there any ways to protect the option for the local businesses vs. the big chains? Mr. Vasbinder responded that their effort to reach the local business owner's is through the Chamber of Commerce. They are open to working with the local business owners just as much as the big chains. 16. Phil Kregel asked a several questions. He asked what type of communication is going on with UNT. He asked about the requirements of working with the city concerning the traffic issue in relation to retail. Mr. Vasbinder responded that they are communicating with UNT just like they are communicating with the city. As of yet, they have not done a traffic analysis. They are willing to create and promote a walkable community/pedestrian friendly area. The retail component will be based on the demand of the area. The purpose of this meeting with the neighborhood is to determine the needs of the area. 17. Darlene Mullenweg is happy about the retail component of this project. She thinks that they are limiting themselves by calling it a student housing development. She believes that this is a good model. Mr. Vasbinder responded that it not just for students. It is open to whoever would like to rent there. They are not necessarily limiting the project to just a student facility. 18. Taylor Saperito considers this area sacred. He asked if they are open to facilitating the growth of the arts. He suggested a type of venue that would allow the local musicians and artists to be seen. Mr. Vasbinder responded that they would be open to this suggestion and that they would look into trying to incorporate this into their project. He offered his email and phone for this discussion to continue offline. 19. Jake Haygood asked about noise codes and the requirements and limitations. Brian Locldey responded that there are limitations within the code and this will be considered with Dinerstein's submittal to the city. 20. Nancy Viens asked what is going to happen to the remaining buildings on the block. Mr. Vasbinder responded that the barber shop and one other owner is not in-line with this project. They are talking with the owners trying to get them on board with this project. We feel that it would be beneficial for all if everyone is on board. The property along Oak is under contract. Brian Locldey spoke of the Downtown Implementation Plan and how the music and arts could possibly be incorporated into that project. He also invited the citizens to participate in the upcoming meetings. 21. Pati Haworth believes that local businesses could be successful in this area. The opportunity should be offered to the other businesses that have been displaced from the previous proposed project. The rents will have to be affordable if you are interested in having a local business within your project. Also, Pati asked who are the investor's for this Fry Street Project. Mr. Vasbinder responded that the equity is provided by the Dinerstein family. They are always looking for investors. Mostly it is banks funding the development. If there are people that are interested in investing, please contact him. 22. Salty Rishel stated that he wanted them to be aware of the historical nature of the area and the adjacent, Oak- Hickory Historic District. It is important that the architecture is visually compatible with the historical nature of the area. Salty asked about the excess parking. He is curious as to how with the mixed use, people are coming and going to the retail portion and not feel that your parking will be taken up by students. Mr. Vasbinder stated that the parking will be segregated. There will be different entrances. They are open to any suggestions. Upon their return, they should have something a little more specific. He will be back on February 17tH Salty stated he is concerned about the contradictions that he is hearing. Salty stated that the property owners on Welch and Hickory owned by Joe Normile have not been contacted as of yesterday. Mr. Vasbinder responded that he had met with the owner this afternoon. They go into these projects as build and hold developers. Their plan is to keep their assets. They have sold some assets in the past. That is not the situation here unless someone just came and offered them a whole lot of money to get out of the business. They plan to be around. 23. David Wright asked about the preliminary plans that can be viewed. He also asked about the parking component. Mr. Vasbinder stated that they had a site plan that was submitted with their pre- application, but after this meeting that will probably be trashed and they will start over. He is hoping to have something for review prior to the February 17th meeting at 6:30 p.m. They will evaluate the pedestrian component of this project. 24. Vicki Oppenheim stated that she is pleased with the mixed use concept and LEED standards. She is hoping that they can find a way to incorporate community space, maybe an art space for local artist and musician, or maybe even a gallery. Mr. Vasbinder responded asking for clarification-something like a gallery space, public space where you can show art work. He is open to that. 25. Charles Stafford asked about the appraised value that will be added to the tax rolls. Mr. Vasbinder stated that it would be about $600,000 in paid taxes. Charles asked what is the appraised value, not what is paid in taxes. He approximated about $20 million. Mr. Vasbinder agreed that it would be about $20 million. 26. Mary Anderson has concerns about traffic, parking, nice pretty windows to look in, single unit rental, wanting more walking space. She would like to stay in this development, but she is not a student. She feels that she is discriminated against because she is not a student. Mary feels that 586 bedrooms is a lot for such a small space. Mr. Vasbinder responded that this is not only for students. If you are a qualified renter, Fair Housing states that we have to rent to you. 27. Peggy Capps stated that he is saying all the right things, but how much clout do you have in the company and can you back what you are saying up? Mr. Vasbinder responded that he has the power to make decisions. He is the only owner that is not a Dinerstein. He is a development partner. He can't promise everything, but he will take this back to the other partners and figure out the best way to tackle this. Peggy asked if they would consider lowering the height of what they are proposing down to the code requirement of 45ft on the Welch. Mr. Vasbinder stated that they are open to the suggestion. Peggy stated that they would be willing to work with them and support them, if they were willing to lower the height on the Welch side which is across from the historic area. Mr. Vasbinder stated that they will show a simulation of what they are proposing. There will be no retail on Welch and that it will be no higher than the Evers house. Peggy asked if this development will be architecturally compatible with the area. Mr. Vasbinder agreed that there will be no retail on Welch and it really should be on the Fry side. Their hope is that the development will be architecturally compatible with the existing area. 28. Donna Morris asked about the change in traffic in their previous developments before and after, and directed to the city, what is the change in traffic before and after. She is wondering if they will be able to get out of their drive ways. Mr. Vasbinder stated that her question is valid, but he is not prepared to answer that question. He would be happy to get that information and get it to her. Brian Locldey apologized to Mrs. Morris, that he was unable to answer her question as well, but that he could get her information and pass it along to the right department to get the answer and forward that information on to you. 29. John Morris asked what is the 1 year, 3 year, and 5 year occupancy and what does it run for something like this? Did you do your homework about doing business here? Mr. Vasbinder responded that they believe there is a need for this type of project with this city. The rents will not be any higher than what is already in the area. He will provide the proposed rents next time. They are looking at this as a long term project. 30. Question from the audience. If you did due diligence, why did you not come with mixed use in the beginning? Mr. Vasbinder responded that they made a mistake initially and they are trying to fix the issue. 31. David Wright wanted to make sure that they knew about the other historic district on Jagoe Street. He just wanted to make sure that he was aware of the facade requirements by the city and the Historic Landmark Commission. Mr. Vasbinder thanked him for the information and they will look into it. 32. Audience question-Citizen did not use microphone. Mr. Vasbinder responded that he did not have the unit mix, but he will have it on the 17th 33. Question from the audience. Citizen did not use microphone. Mr. Vasbinder responded that typically no. They generally use a model to determine the number of bedrooms per unit; however, they do not have renderings at this time. 34. Kati Trice asked about the need of a caf6 and grocery in the area. She wanted to encourage green roof or community gardens, and asked if they and done this before. Mr. Vasbinder responded that they have not done green roof or community gardens before. It was not used for credit in their LEED point system previously, but this is a good suggestion. 35. No name provided. He wanted to stress the necessity of pedestrian areas and gave two examples of other developments; one in Dallas and one in Addison. Mr. Vasbinder responded thank you. 36. Bob Clifton stated that has been around for about 65 years and that he can speak with some authority. He said that he will probably be his nemesis. He stated that he has not heard anything about open space. He asked if they would be willing to do a joint venture with the city. He asked if they would share their investments and would you be willing to be bought out. He expressed concerns about site contamination, cookie cutter development from community to community; He has concerns about the traffic issues in that area. He has petition circulating for the city to purchase the property. Mr. Vasbinder responded that he appreciates the feedback. If you have knowledge of any type of contamination, he would be happy to talk with you about it. 37. Discussion pursued regarding the cell tower and Inland Developers. 38. No name provided. She stated that this is the most important endeavor. She did not want to threaten Mr. Vasbinder, but expressed how important this area is to the people here. Mr. Vasbinder responded that he can hear that in the comments that have been expressed tonight throughout the audience. This is going to be as transparent as possible and we will have as many meetings as necessary. Mr. Josh Vasbinder provided his contact information to the audience. josh.vasbinder2dmcdomcdevelopers.com 858-337-1618 cell phone 6. Adj ournment Fred Greene thanked everyone for coming out tonight. He adjourned the meeting around 8:15 p.m. AGENDA INFORMATION SHEET AGENDA DATE: March 9, 2010 DEPARTMENT: Utility and CIP Engineering ACM: Howard Martin, 349-8232 SUBJECT Receive a report and hold a discussion regarding the status of various drainage projects associated with the sale and delivery of $7,065,000 in certificates of obligation as approved by City Council on October 2, 2007 and supported in the FY2007-FY2008 budget by a one cent tax increase per $100 of property valuation. BACKGROUND On October 2, 2007, City Council approved the sale and delivery of $7,065,000 in certificates of obligation (COs) for the constriction of various drainage improvements throughout Denton (the total listed includes projected issuance costs for the bonds). The FY2007 - FY2008 budget included a one cent tax increase per $100 of property valuation to support the issuance of the COs. Closing of the funds was received on November 6, 2007, and a total of $7,025,276.00 was made available for use on the identified projects (final amount after handling fees, etc. associated with the bond sales). Although the issuance of this additional debt was handled on an expedited basis and immediate constriction activity associated with the projects identified along with this debt was desired, staff with the Utility and CIP Engineering and Drainage departments were continuing to process existing bond projects and attempting to address citizen complaints and immediate needs associated with localized flooding incidents (a summary of this activity is included later in this AIS), while at the same time pursuing contract negotiations, permitting and preliminary engineering on the various projects prior to being able to expend significant amounts of the newly acquired bond funding. It is believed that the majority of the remaining funding will be encumbered in the next calendar year. Proiects Associated with the One Cent Tax Increase This following listing is intended to provide a bullet-point update on the progress and status of the identified drainage projects: 1. Mingo Road and Paisley Box and Channel ($450,000) -This project was broken into three phases that have been under design with an outside consultant: a. Phase 1 (west of the intersection of Nottingham and Mingo - refer to Exhibit 1): This phase consisted of removing an existing 41 linear foot (LF) long 30" reinforced concrete pipe (RCP) culvert and replacing it with a 36 LF long 8'x4' reinforced concrete box (RCB) culvert, headwalls, and 120 LF of metal beam guardrail fence (MBGF). This project was completed by in-house staff in August 2008. b. Phase 2 (east of the intersection of Schmitz and Mingo - refer to Exhibit 2): This phase consisted of replacing the existing 7'x3' and 5'x2' RCB culverts with four 39 LF long 10'x5' RCB culverts, headwalls, and 300 LF of MBGF. This project was completed by in-house staff in October 2008. c. Phase 3 (south of Paisley and west of Bradshaw - refer to Exhibit 2): This phase is under design (95% complete) and consists of replacing two 30 LF long 48" RCP culverts under Paisley with three 37 LF long 10'x6' RCB culverts and making channel improvements (clearing and grading a trapezoidal channel with a 10' bottom) from Paisley to Lehrman. There are a total of eighteen lots affected by the channel improvements between Paisley and Lehrman. Three of these lots already have 40' wide drainage easements along their back halves abutting the creek, and staff has received the legal descriptions for the remaining fifteen proposed drainage easements. At the present time, staff is focusing its efforts on the acquisition of easements on the four parcels nearest Paisley in order to make the installation of the boxes in Paisley possible. An 8" sewer line along Paisley needed to be relocated in order to accommodate the new RCB culverts, and this work was completed by in-house staff in January 2010. Phase 3 will include the removal of the box culverts on Lehrman (subjected to extensive damage as a result of erosion and scour), permanently closing the road. Of the total original amount allocated for this project ($450,000), $282,959.16 remains unencumbered. An additional $85,56738 was transferred into the project budget from other existing bond and revenue funds ($39,44935 of this money remains unencumbered), deriving an initial overall available budget of $535,56738. Total overall remaining funds in the project budget are $322,408.51. It is estimated that this remaining funding will be depleted after the 5 parcels (4 easements near Paisley and 1 lot at Lehrman) are acquired, the RCB culverts are installed at Paisley, approximately 150 LF of channel is cleaned out and the existing culverts are removed at Lehrman. An additional $100,000 to $200,000 is projected to be needed to purchase the remaining easements needed and to complete the channel work between Paisley and Lehrman. 2. Ector Street Storm Drain ($900,000) - This project was designed by in-house personnel and included the constriction of a storm drain system on Ector Street (refer to Exhibit 3). The project scope was later expanded to include the constriction of a parallel 8" sanitary sewer line along Ector (service lines from the houses on the west side of Ector were in conflict with the new storm line). The final project scope included the installation of 647 LF of 18" RCP, 1094 LF of 24" RCP, 535 LF of 42" RCP, 1,561 LF of 48" RCP, twenty (20) inlets, nine (9) manholes and 2,188 linear feet of 8" sanitary sewer pipe as well as other miscellaneous bid items. This project required considerable coordination between staff, the neighborhood and the Texas Department of Transportation (TxDOT), inasmuch as the discharge ties into the expanded drainage system for the recently designed widening of U.S. Hwy. 380. Although staff initially anticipated the constriction work on the project being performed by in-house crews, the project complexity and recent favorable bidding environment led staff to seek out competitive bids. The bid opening for this project was held on December 17, 2009. The engineer's opinion of probable constriction cost was $775,272.00. The low bid for the project was Omega Contracting Inc. out of Dallas, TX for an amount not to exceed $619,882.00. The project was submitted to the Public Utility Board (PUB) for approval on January 11, 2012 and then approved at City Council on February 2, 2010. Constriction will begin following execution of contract documents. Of the total original amount allocated for this project ($900,000), $767,352.54 remains unencumbered. An additional $20,805.04 was transferred into the project budget from other existing bond and revenue funds (virtually all of this money has been expended), deriving an initial overall available budget of $920,805.04. Total overall remaining funds in the project budget after the constriction dollars are subtracted out are approximately $147,470.09. This funding should be preserved in the account to allow for possible change order contingency, staff charges, material testing and inspection fees. 3. Kings Row at Cooper Branch ($350,000) - This project is located immediately upstream of the area of the Cooper Creek Basin recently analyzed by an outside consultant (see update on Cooper Creek Detention Basin below). Refer to Exhibit 4. The project included the installation of 320 LF of 18" RCP, 440 LF of 24" RCP, and five (5) inlets on Kings Row, as well as new pavement and the re-grading and concrete lining of 765 LF of the existing earthen channel south of Kings Row. The project was designed and constricted by in-house personnel and was completed in September 2009. Of the total original amount allocated for this project ($350,000), $79,336.26 remains unencumbered. An additional $48,681.87 was transferred into the project budget from other existing bond and revenue funds ($51,813.27 of this money has been expended), deriving an initial overall available budget of $398,681.87. Total overall remaining funds in the project budget after project completion are $76,204.86. This funding is available for transfer to another project number where needed to assist in project completion. 4. Magnolia Street Drainage ($650,000) - This project consists of improvements and additions to the existing storm drain system in the Headlee Addition and Good Samaritan Village area upstream of North Pecan Creek near Magnolia Street and Hinkle Drive (refer to Exhibit 5). The City retained an outside consultant in February 2008 to provide preliminary design services and analyze alternative improvement options for this project and received the consultant's final report in January 2009. The project was broken into two phases: a. Phase 1 includes the constriction of a detention pond north of Windsor Street and the McKenna Park Congregation of Jehovah's Witnesses and channel modifications (within the existing drainage easement) from the pond south to Windsor Street (projected to cost approximately $500,000 to $600,000). Detailed design services for Phase 41 are underway by in-house personnel and are approximately 95% complete. A boundary survey has been completed and the City's Right of Way Staff is proceeding with acquisition of the necessary easements. Constriction of the Phase 41 Detention Pond by in-house staff is anticipated in spring 2010. Of the total original amount allocated for this project ($650,000), $602,974.26 remains unencumbered. An additional $10,000.00 was transferred into the project budget from other existing bond and revenue funds ($35,368.49 of this money has been expended), deriving an initial overall available budget of $660,000.00. Total overall remaining funds in the project budget are $577,605.77. It is estimated that this remaining funding will be depleted after the constriction of Phase 1. b. Phase 2 will consist of improving the drainage system from the Phase 1 channel north of Windsor Street to Northridge Road and then, bypassing the existing system, heading west on Northridge and south on Hinkle until it discharges into the existing channel south of the Good Samaritan Village (projected to cost $1.1 to $1.2 million dollars). This bypass will capture the discharge from US 77 and the area north of Windsor, hopefully allowing the remaining system within the Magnolia neighborhood to handle the 100 year storm event without any further modifications or constriction intrusion into the neighborhood. The design and constriction of Phase 2 will be completed as additional funding becomes available. 5. Cooper Creek Detention ($1,215,000) and Cooper Creek Channel Improvement (Mingo Rd Area) ($850,000) - The scopes of these projects included the analysis of possible overall flood mitigation activities in the Cooper Creek basin, including the constriction of detention ponds and channel improvements at various locations to reduce flooding potential along Cooper Creek. A contract with an outside consulting firm was executed in September 2007 in the amount of $72,110.00 (actual project startup occurred after funding availability) with services that included updating the hydrologic and hydraulic models to compute flows for various storm events and map the 100-year ultimate floodplain, establishing a benefit analysis of various basin improvements upstream of Sherman Drive and Mingo Road, evaluating various regional detention pond options upstream of Sherman Drive and Mingo Road, evaluating downstream capacity improvement options including bridge modifications at Sherman Drive and Mingo Road, preparing preliminary opinions of probable costs for each option and preparing the preliminary engineering report. Staff received the final preliminary design report in July 2009. Out of all of the various options analyzed and presented in the report, the constriction of a regional detention pond located on the Strickland Junior High School campus (for the detention pond project refer to Exhibit 6) and the constriction of culvert and channel improvements to Mingo Road (for the channel improvement project refer to Exhibit 7) presented the City with the most tangible benefits at the lowest projected costs of any of the improvements recommended. Both of these projects are moving forward with detailed design: a. Detention Pond: Discussions with the Denton Independent School District (DISD) are ongoing. It appears that DISD is willing to work with the City on the granting of the necessary drainage easements. Detailed design will be completed by in-house personnel once negotiations with DISD have been completed. Of the total original amount allocated for this project ($1,215,000), $1,112,890.64 remains unencumbered. An additional $72,000.00 was transferred into the project budget from other existing bond and revenue funds ($21,292.93 of this money has been expended), deriving an initial overall available budget of $1,287,000.00. Total overall remaining funds in the project budget are $1,163,597.71. It is estimated that this remaining funding will be depleted after the constriction of the detention facility. Pending DISD approval of the easement and design of the facility, constriction should be able to commence on the pond in summer 2010. b. Mingo Road: The preliminary design calls for two 30' span drainage strictures in Mingo Road, four 60" RCP bypass culverts across the Union Pacific Railroad (UPRR) right-of-way (ROW) and grading of a bypass channel for high flows. The bypass culverts will be jacked and bored under the UPRR rail line. A proposal for detailed design services from a consulting firm has been requested, and communications with the railroad have been positive. Progress has slowed somewhat as staff explores the possibility of using available funding to assist UPRR in the upgrade of their bridge stricture rather than the installation of the bypass culverts and channel. Of the total original amount allocated for this project ($850,000), $850,000.00 remains unencumbered. An additional $10,000.00 was transferred into the project budget from other existing bond and revenue funds ($552.72 of this money has been expended), deriving an initial overall available budget of $860,000.00. Total overall remaining funds in the project budget are $859,447.28. The bulk of the expenditures to date have been charged to the detention pond project. It is estimated that the remaining funding will be depleted after the constriction of the Mingo Road and bypass channel improvements. Pending UPRR approval of the City's participation in the upgrade of their railroad bridge stricture to pass the 100-year flow, sufficient funding would be reserved in the project fund to cover the improvements to Mingo Road, which should be able to commence in summer 2010. 6. Pecan Creek Improvements ($2,610,276) - Anticipated improvements to the Pecan Creek tributary (PEC-4) included channel modeling and improvements from the existing improved channel at Bell and Wainwright north and west all the way to intersect with the existing channel at Mulberry to the west of Carroll Boulevard. The City retained an outside consultant in August 2007 to perform the modeling analyses and preliminary designs associated with these projects at a total cost of $114,700. A Project Summary Report was received from the consultant in August 2008, and the CLOMR submittal to FEMA was made on July 7, 2009. FEMA must approve the CLOMR prior to any constriction activities being conducted. A design contract for the first two phases of the contract was approved at City Council on June 16, 2009 in the amount of $301,545.00. Staff received the 50% submittal for Phase 1 and 2 from the consultant the week of February 8, 2010. Phase 1 of these improvements includes the constriction of new RCB culverts to replace the existing channel along a new alignment from the existing channel at Bell and Wainwright to intersect with the existing channel just to the west of South Locust Street. Phase 2 of these improvements includes the constriction of new RCB culverts to replace the existing open channel from the upstream end of Phase 1 north and west to a point on the north side of East Prairie Street about half a block west of South Elm Street. Refer to Exhibit 8. The environmental permit (Individual Permit for Upper Pecan Creek Tributary 4 Drainage Improvements - 404 permit) was submitted to the U.S. Army Corps of Engineers (COE) at the beginning of December 2009. Of the total original amount allocated for this project ($2,610,276), $2,143,546.87 remains unencumbered. An additional $126,427.66 was transferred into the project budget from other existing bond and revenue funds (all of this money has been expended), deriving an initial overall available budget of $2,736,703.66. Total overall remaining funds in the project budget are $2,1431,546.87. Staff has performed a financial analysis on the projected costs of acquiring the necessary drainage easements to build Phases 1 and 2 and, utilizing this information along with updated preliminary opinions of probable costs from the design consultant, has determined that the remaining funding will be depleted after the constriction of Phase 1. Pending easement negotiations, constriction on Phase 1 is anticipated to begin in late 2010. Existing and Emergency Proiects As discussed earlier in this AIS, staff with the Utility and CIP Engineering and Drainage departments have continued to process existing bond projects and to address citizen complaints and immediate needs associated with localized flooding incidents after the intense rains and flooding associated with the storm event that occurred in April 2007. The following projects illustrate some of the ongoing activities of these personnel: 1. Morse Street Channel Improvements - This project included the constriction of approximately 1,600 LF of concrete lined channel located to the south of Tomas Rivera Elementary School between Baldwin and Scott Drive. The project also included removal of the existing culverts at Morse Street and constriction of a new 40'x6.5' pre-cast culvert bridge span. The widening of the channel and the replacement of the Morse Street Bridge was intended to accommodate the 100 year flood and stabilize the banks for several homeowners that were experiencing erosion problems. This project was designed by in-house personnel and was completed with an outside contractor in July 2009. The total cost for the project was approximately $1,440,000. 2. Old North Road Storm Drain Improvements -This project consisted of the design and constriction of approximately 154 LF of 18" RCP, 20 LF of 24" RCP, 128 LF of 30" RCP, 458 LF of 48" RCP, 654 LF of 54" RCP, seven inlets, 3 junction boxes, and a headwall as well as other miscellaneous bid items from south of Foxcroft Circle to Cooper Creek. The constriction plans for this project were designed by in-house staff, and bids were received for the project on July 17, 2008. Constriction of this project was completed and accepted in March 2009 with a final cost of approximately $566,300.00. 3. Duncan Street Drainage Improvements - This project consists of two separate phases. Phase 1 was designed by an outside consultant and completed in July 2009 by in-house constriction staff. Phase 1 consisted of the installation of three 7'x4' precast concrete box culverts underneath Duncan Street between Dallas Drive and Smith Street. Phase 2 consists of the constriction of approximately 650 linear feet of concrete lined channel and 335 linear feet of 48" RCP. The final design of Phase 2 revealed that constriction of the entire project could not be completed without additional easements. At this time, one property owner has not granted the City an easement required to finish the upstream portion of the drainage improvements. Negotiations with the property owner have not been fruitful, and staff does not believe any additional easements can be obtained without eminent domain. Therefore, the City will only be able to install approximately 550 linear feet of concrete lined channel and none of the 48" drainage pipe. It is projected that the total cost for both phases will be approximately $800,000. 4. Eagle Drive Drainage Improvements - This project consists of the design and constriction of approximately 1,500 LF of new box culvert improvements from the intersection of Eagle Drive and Myrtle Street to the northeast across Elm Street and Locust Street, ending at an existing box culvert at Wainwright Street. The final "Improvement Analysis and Preliminary Design" report for this project was completed by an outside consultant in February 2008. The project was broken into two phases: Phase 1 of these improvements includes the constriction of new RCB culverts to replace the existing channel from the existing improved channel at Bell and Wainwright west to Elm Street, and Phase 2 continues these improvements west and south to the intersection of Eagle Drive and Myrtle Street. It is estimated that the overall cost for this project will be approximately $4.1 million. A professional services agreement for the project's final design was approved by City Council in May 2009. Staff is proceeding with acquisition of the necessary easements and parcels for Phase 1 as discussed at Council on November 17, 2009. One parcel is currently undergoing a Phase II Environmental investigation. Staff has received the 90% submittal for Phase 1 and is in the process of reviewing the plans. Staff expects to receive the 90% submittal for Phase 2 by March 2010. Staff has performed a financial analysis on the projected costs of acquiring the necessary drainage easements to build Phases 1 and 2 and, utilizing this information along with updated preliminary opinions of probable costs from the design consultant, has determined that the remaining funding will be depleted after the constriction of Phase 1. Pending easement negotiations, constriction on Phase 1 is anticipated to begin as early as summer 2010. Phase 2 easement acquisitions and constriction will proceed as funding becomes available. 5. Post Oak Boulevard Phase 1 - This project was designed in-house and constricted by in-house Street and Drainage Department personnel in response to repeated complaints on traffic issues by area citizens. The limits of the project are from existing Lakeview Boulevard to Pockris Page Road. The project consisted of constricting a new "temporary" asphalt roadway (designed to serve as the base of the future ultimate concrete roadway when/if it is eventually funded), extending concrete sidewalks, extending the existing 60" RCP drainage pipe, drainage ditches, concrete flumes, safety end treatments, and MBGF. The project was completed in February 2009 and cost approximately $538,000 overall. 6. Pockris Page Road, Sidewalk and Drainage Improvements - This project was designed in- house and constricted by in-house constriction personnel to help alleviate flooding in the neighborhood south of Pockris Page Road, to reconstruct a section of the roadway, and to install new sidewalks from Post Oak Boulevard east to the Pecan Creek Elementary School. The drainage improvements on this project included the installation of 110 LF of 18" RCP drainage pipe, 35 LF of 30" RCP drainage pipe, three (3) inlets, and a headwall. This project also included realigning the street vertically and horizontally, installing concrete sidewalk, and installing new concrete pavement. This project was completed in August 2009 and cost approximately $160,000. 7. Gayla and Mayhill Street Paving and Drainage Improvements - This project consisted of the constriction of a new storm drain system along Gayla Street that extends from Bridges Street to its outfall into an existing yard inlet on Mingo Road. The project also included a realignment of Gayla Street and the addition of curb and gutter. It was constricted by in-house Street and Drainage Department staff and was completed in May 2009. The final cost was approximately $217,000.00. 8. Ranch Estates - This project was designed and constricted by in-house staff to help with neighborhood flooding. It consisted of installing 100 LF of 8'x4' RCB culverts and constricting 900 LF of 15' trapezoidal channel and 250 LF of v-ditch. This project was complete in August 2008 and cost approximately $309,000.00. 9. Thunderbird and Cactus Street - These two projects consisted of constricting concrete flumes to improve neighborhood drainage in response to localized flooding complaints. The work was completed by in-house personnel at a cost of approximately $23,000.00 each. 10. Police Training Ground on Airport Road - During the constriction of Western Boulevard, drainage issues at the existing Police shooting range became apparent. This work was not included in the original constriction plans. The consultant for Western Boulevard (Teague, Nall, and Perkins) designed a drainage ditch and culverts in order to convey the runoff from Western Boulevard across the Police Department property to discharge in the creek. The work was completed by in-house constriction personnel in December 2008, and the final cost was approximately $35,000.00. 11. Appaloosa Court Ditch - This project consisted of obtaining drainage easements, constricting a drainage ditch around the cul-de-sac, and re-grading the channel to the nearby creek. This project was designed and constricted by in-house personnel. It was completed in February 2009 with a final cost of approximately $7,000.00. 12. State School Road at Unicorn Lake Ditch Improvements - This project was constricted in response to localized flooding complaints by in-house staff in order to alleviate flooding in the nearby neighborhood. It consisted of re-grading the existing roadway ditch. It was completed in July 2009 and cost approximately $9,000.00. 13. City of Denton Service Center - This project was constricted by in-house staff to address localized flooding issues on City property. It consisted of re-grading the channel that runs through the Service Center, adding grouted rock rip rap where necessary. This channel connects the Mingo at Schmitz project and the Paisley Road Project (see Exhibit 2). The project was completed in July 2009 with a final cost of approximately $46,500.00. 14. In-house constriction crews have also completed approximately $80,000 worth of concrete channel and roadway ditch cleanup at various locations. OPTIONS Not applicable. RECOMMENDATION Not applicable. PRIOR ACTION/REVIEW Not applicable. FISCAL INFORMATION Attached Exhibit 9 shows the amount available per project (the blue highlighted lines are what were sold as part of the one cent tax increase and the total shown adjacent to the yellow highlighted project names and numbers shows the actual amounts in each project's budget). A total of $7,398,758.31 was allocated to these projects, $1,488,594.72 has been expended and $5,910,163.59 remains unencumbered. Out of the original authorization of $7,025,276.00, $1,186,216.27 has been expended (does not include the awarded amount on Ector Street) and $5,839,059.73 remains unencumbered. Once the Ector Street project contracts are executed, the unencumbered amount from the original authorization will be reduced to $5,219,177.73. Over the course of the coming fiscal year it is anticipated that all of the remaining Mingo/Schmitz/Paisley money ($322,408.51), Magnolia money ($577,605.77), and possibly the Cooper Creek Detention Pond money ($1,163,597.71) will be expended, reducing the unencumbered amount to approximately $3,156,000. It is anticipated that all of the remaining unencumbered funds will be expended in FY2011 (Mingo Road drainage improvements and the PEC-4 channel improvements). Any funds remaining on completed projects will be transferred to other ongoing projects approved as part of the tax increase to supplement their funding. EXHIBITS 1. Mingo Road at Nottingham. 2. Mingo Road at Schmitz and Paisley to Lehrman. 3. Ector Street. 4. Kings Row at Cooper Creek. 5. Magnolia Street 6. Cooper Creek Detention Pond at Strickland Middle School. 7. Mingo Road Improvements and Bypass Channel. 8. PEC-4 Channel Improvements. 9. Job Cost Summary. 10. Presentation Respectfully submitted: Frank G. Payne, P.E. City Engineer 4~ L _ j i- Y I ' I 1 {I I 1. - - - - i I bf to . 1 . r y. 13 I 1 . i 1\ 1 " y . ~i • EXHIBIT I MINGO RD. AT NOTTINGHAM n S I H C i, 1 { M' ""nn u TP_11T~ Lj~ x IOW l I' f1` 11 . ~ m I MUNN III pj' . I v ob I, ~0,' - h I f 1 v 1 I NEW r r t- i -I r7 7, ~ULVEF T { o 1 , r I L r I[ r 1 ' iT r r~-- \-mom fir-- . EXHIBIT 2 MINGO RD. AT SCHMITZ AND PAISLEY TO LEHRMAN --Tr rr Y I L I L x?`T'~ I S yyam~,, I ~ ` r T-iT LIMITS OF SANITARY SEWER IMPROVEMENTS .r W 41- Ilk, _ 1 - _ I # tt 4v- 1- 77- P I„' - a _ - yf EXHIBIT 3 ECTOR ST. 1t rr I I' i a ~ i . rte, I r i r. Nk, n,- , , I i EXHIBIT 4 KINGS ROW AT COOPER CREEK k H' ? it Fl-T u - :f , r✓ p r. N TFIE~ 1 J-t i PH E IE.EFT" ire r~ JJ// H I1 t yr, 1~ I - r ;f L 1 LtZu ~TLIU.~ r~~ r`-,,,; J i , EXHIBIT 5 MAGNOLIA: PHASE I & PHASE 2 i r r r Y t F an- - r€ to III a , STRICKI " ~R Hl , p mom. k 4• n~ k ! e 'a - it it, l r I _ fn _ 'i eu r W i y i EXHIBIT 6 1 COOPER CREEK AT STRICKLAND JR. HIGH 1 "Ilk J i j h, .nor 1 It .1. ~ko i. 03 CQ J :=T' ,t D ri. a, CULVERT P.IPROVEMENT F ' 1 _ 5'~ I ltl ,ia l r a= , 1 u low, , I EXHIBIT 7 COOPER CREEK IMPROVEMENTS: MINGO RD. f 'l;l ly I F„ ~ F ~ Ic Y r- I u.wa„ y~ X14 _ r _ I 41 I -1j t Y ~ x k. 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O i , N U Q Q- U aA C aA U N } 0- aA}' N N cn 0 0 0 0 0 - N .cn U cn 7-- 0- U rl N M AGENDA INFORMATION SHEET AGENDA DATE: March 9, 2010 DEPARTMENT: General Government CM/DCM/ACM: Geor e Cam bell Cit Mana er~ g p ~ y g SUBJECT: Receive a report, hold a discussion and give staff direction regarding the Best Practices for Pipeline and Municipality Relations Resolution. BACKGROUND: A group of public officials and members of the Texas Pipeline Association (TPA) have been working in a collaborative manner to improve communications between the pipeline industry and local municipal governments located in the Barnett Shale production area. This group met on a number of occasions to discuss the issues that surround pipeline routing through municipal jurisdictions. Mayor Mark Burroughs attended these meetings as Denton's representative. The following municipalities participated in the workgroup: Argyle, Arlington, Cleburne, Copper Canyon, Denton, DISH, Flower Mound, Fort Worth, Lewisville, Mansfield, Northlake, and Southlake. Company officials from the following companies also participated: Atmos, Chesapeake Energy, Crosstex, Devon, Enbridge Inc., Energy Transfer, Epco, Quicksilver, Williams E & P, and the Texas Pipeline Association. State and national public officials also participated or sent staff members to participate: State Representatives Tan Parker and Lon Burnham attended personally, and State Senators Davis, Nelson, and Harris sent representatives, and US Congressman Michael Burgess also sent a member of his staff. The results of this collaborate effort was the Best Practices for Pipeline and 1~lunicipality Relations. This document is designed to enhance the routing process, through communication and mutual respect. The pipeline industry also adopted a document called General Guidelines for Right Away Acquisition, Construction and Operations. These two documents are attached for your review. Mayor Burroughs j oined several other mayors in sending out a letter asking towns and cities to support the passage of this resolution and commitment to adhere to these best practices when dealing with pipeline companies. The letter is attached for your review. RECOMMENDATION Staff encourages thorough discussion on the Best Practices for Pipeline and Municipality Relations proposal, as we continue to evaluate certain elements of the proposed document. PRIOR ACTION/REVIEW (Council, Boards, Commission): None ADA/EOE/AREA www.cityofdenton.com (TDD 800-735-2989) 3/S/10 Best Practices for Pipeline and Municipality Relations Resolution Page 2 of 2 FISCAL INFORMATION: None Respectfully submitted: John Cabrales Jr. Public Information/Intergovernmental Relations Officer Attachments: Pipeline Proposed Resolution. Best Practices for Pipeline and Municipality Relations. General Guidelines for Right Away Acquisition, Construction and Operations. Pipeline Proposal Cover Letter. Pipeline Proposal Letter. ADA/EOE/AREA www.cityofdenton.com (TDD 800-735-2989) s;lottr documentslres~iu~i~ns~l0l~i~e~ine resoiution.doc RESGLI~TIGN ND, A RES~L~JTIDN THE CITY GF DENTIN, TEXAS, ENDORSING REGIGNAL "BEST PRATIES" STANDARDS ALULATED AT FESTERING IMPROVED INTRASTATE GAS UTILITY-MUNICIPAL RELATYON WITH REGARD TO THE A~JISITI~N AND ROUTING OF PIPELINE RIGHTS~OF-WAY THROUGH IN~GRPORATED A1~EAS ~ AND PROVIDING AN EFFEOTfVE DATE WHEREAS, the pity of Denton, Texas is a duly incorporated municipality located in Denton County, and created in accordance with the prvvisivns of chapter ~ of the Local Government Code and operating puxsuant to the enabling legislation of the State of Texas; and WHEREAS, the development of the Baaett Shale has necessitated the installation of a comprehensive infra-state pipeline network though which produced hydrocarbons are carried from gas well operators to the public utility system; anal WHEREAS, this plpellne network frequently conflicts with the fang range corr~prehenive planning goals of north Texas municipalities and creates hardship for individual property owners affected by pipeline routing; and WHEREAS, in an effort to miti ate the conflict and hardship posed by pipeline right-of- ay acquisition and routing the Teas Pipeline Association, a private trade association representing the interests of the intrastate p~pel~nes ~n Texas, has endorsed the concept of a reglonal abet practices" policy; and WHEREAS, through the collaborative efforts of many north Texas municipalities and the Teas Pipeline Association and its n~ernbers, the parties have developed the attached guidelines entitled "hest Practices for Pipeline and 1Vlunic~pallty Relations" thereinafter referred tv as "Best Practices Guidelines"}; and ~REA.S, the non-banding Best Practices Guidelines constitute a series of non- leg~slat~ve standards setting forth the parties' expectations with respect to pipeline pre-routing, right-of-way acquisition and construction; and WHEREAS, the City Council of the Oity of Denton, Texas has determined that it is in the best interest of the public. health, safety and general welfare to endorse the Best Practices Guidelines attached hereto; and ~LIHEREAS, the City Council of the City of Denton, Texas would further encourage intrastate gas utilities to endorse and commit to the standards set forth in the Best Practices Guidelines, with respect to pipeline operations in incorporate areas, NOW, THEREFORE, THE COI~NCIL GF THE CITE' OF DENTON HEREBY RESOLVES; SECTION 1, The City Council ofthe City of Denton, Texas, does hereby endorse the ;`Best Practices for Pipeline and Municipality Relations" attached hereto as Exhibit ``A"~ The  i s:lour d~ct~mentslresa~u~i~~sll0l~ipeline resolutton.doc Best Practices guidelines are not intended to serge as legislation of the pity of Denton, Texas, and instead are calculated at fostering improved intrastate gas utility.municipal relations with regard to the acquisition and routing of p~pel~~e r~gh~s~nf~~va~ through the pity. SET~gN This resolution shall be effeeti~e ~rorn its date of adoption PAS SEI~ AND APP~gVEI3 this the day of , 20 l A4 ~ V ATTEST: JE~IN~FER SALTERS, CITY EI~ETA BY: APPROVED AS T~ LEGAL FgR~I~ AIT BURgE~S, CITY ATTgR~E~Y ~ ~ BY: ~ a Page ~ of ~  I Best Practices for Pipeline and Municipality Relations Pre-Routing: 1. Municipality will designate the department or person with whom pipeline operators should meet prior to obtaining easements and planning of final pipeline route. a. Municipality will provide a packet of information which includes all ordinances and other planning documents which are applicable to pipelines. Pipeline operators will read all ordinances in advance. b. Pipeline operators will present municipality with preliminary route(s) from origin to terminus within the municipality's corporate boundaries together with fixed routing issues (e.g. known well locations that must be connected, existing right of way considered, required and anticipated issues along the preliminary route known by the pipeline operators to affect the routing). c. Municipalities will provide comments on preliminary route within a reasonable amount of time. Reasonable time is defined as not longer than two (2) weeks for gathering lines and not longer than four (4) weeks for transmission lines. Pipeline operators will respond to municipalities' comments. 2. The following language is from Section 181.005(c) of the Texas Utilities Code, and pipeline operators will comply with its requirements in determining routes within a municipality: In determining the route of a pipeline within a municipality, a gas corporation shall consider using existing easements and public rights-of way, including streets, roads, highways, and utility rights-of way. In deciding whether to use a public easement or right-of way, the gas corporation shall consider whether: (1) the use is economically practicable; (2) adequate space exists; and (3) the use will violate, or cause the violation of any pipeline safety regulations. a. Route will be as consistent as practical with existing municipal planning documents for existing and future municipal land uses while respecting private property rights. b. Both parties will strive for the most direct, cost effective, and time efficient route for the pipeline company. 3. Pipeline operators will actively participate in planning of preferred pipeline routes with contiguous municipalities on a proj ect by proj ect basis. Right-of way Acquisition: 1. Pipeline operators will require right-of way agents to be registered with the Texas Real Estate Commission (TREC). 2. Pipeline operators commit to negotiate in good faith with property owners before resorting to eminent domain. 3. A current copy of the GENERAL GUIDELINES FOR RIGHT OF WAY ACQUISTION, CONSTRUCTION AND OPERATIONS is attached to this document as Attachment A. Construction Phase: 1. Municipalities commit, when practical, to grant temporary working easements within public rights of way during construction. 2. Pipeline operators will promptly respond to complaints and will provide to the city contact information fora 24-hour representative who can be reached at all stages of construction. 3. Pipeline operators will commit to avoid removing trees unless necessary for safety and/or regulatory compliance. 4. Pipeline operators will provide copies of plans and final pipeline route within the municipality in a format acceptable to the Municipality. 5. Municipalities and their contractors will commit to use the State's One-Call system when undertaking any excavations in order to avoid damaging pipelines. Desirable: 1. Pipeline operators will work with municipalities to employ principles to reduce noise impact on neighboring residents and businesses. 2. when the pipeline operator has the right to do so and it is reasonable to do so, and when it would not unreasonably interfere with pipeline operations, the pipeline operator may grant municipalities above ground uses in easements. TEXAS PIPELINE ASSOCIATION GENERAL GUIDELINES FOR RIGHT OF WAY ACQUISTION, CONSTRUCTION AND OPERATIONS While building and operating the necessary infrastructure to transport natural gas and liquid hydrocarbon products which provide for the critical energy needs of Texas and beyond, member companies of the Texas Pipeline Association, and their representatives, commit to maintain safe operations, respect landowners and communities, and be responsible stewards of the environment. Texas Pipeline Association member companies and their representatives also commit to conduct their business in accordance with the following guidelines: Communication • Establish and maintain communication with landowners and communities. • Provide landowners with appropriate company contact information during right of way acquisition, construction, and operations. Right of Way Acquisition • Communicate to landowners and to public officials, as appropriate, the scope and purpose of proposed projects, and the processes involved in construction, operation and maintenance of facilities. • Strive to reach right of way acquisition agreements with landowners by negotiating in good faith with honesty and fairness. • Respect landowners' property. • Assure company employed and contract right of way agents hold a current certificate of registration from the Texas Real Estate Commission. Construction • Be respectful of construction impact on community activities and attempt to minimize construction effects on community activities. • Practice good housekeeping on landowners' property, including protection of livestock and wildlife • Timely restore construction site incompliance with contractual obligations. Operations • Conduct operations in accordance with state and federal regulations. • Strive to communicate with landowners prior to any significant maintenance operations on their property. • Train personnel in safe operation practices and conduct emergency planning when appropriate. • Apply appropriate engineering standards for our facilities and operations. Finally, the member companies will provide these guidelines to all employees and representatives involved in Right of Way Acquisition, Construction and Operations to promote commitment and compliance with these guidelines. a ~ 215 E. McKINNEY DENTON, TEXAS 76201 • (944) 349-7717 • FAX (940) 349-823fi _ ~ - - February 26, 2010 RE: Request for Adoption of Best Practices for Pipeline and Municipality Relations Resolution Dear Mayor: Enclosed is a proposed Municipal Resolution (with its own attachments} for you and your City to consider, plus a cover letter of endorsement signed by several Mayors of cities in the northern part of the Barnett Shale region of Texas. Please consider the Mayors' endorsement and have your city/town councils consider supporting the Best Practices for Pipeline and Municipality Relations. All of our cities and towns face difficult interactions with gas transmission companies and their placement decisions. The enclosed Resolution should help to avoid adverse consequences ofnon-cooperation between municipalities impacted by the Barnett Shale and those gas transmission entities by setting out preferred course of conduct for gas line routing decision making. Thank you for your time and thoughtful consideration of our work product. Please call me or any of the Mayors signing the endorsement letter. Sincerely, ~s , Mark Burroughs Mayor "Dedicate to ualit Service" . itf entn. c i ~ . F w, a . . 1 les m ac e e acne a e February 26, 2010 To: Barnett Shale Cities RE: Request for Adoption of Best Practices for Pipeline and Municipality Relations Resolution Dear Mayor: A group of public officials and members of the Texas Pipeline Association (TPA} have been working in a collaborative manner to improve communications between the pipeline industry and local municipal governments located in the Barnett Shale. This group met on a number of occasions to discuss the issues that surround pipeline routing through municipal jurisdictions. The following municipalities participated in the workgroup: Argyle, Arlington, Cleburne, Copper Canyon, Denton, DISH, Flower Mound, Fort Worth, Lewisville, Mansfield, Northlake, and Southlake. Company officials from the following companies also participated: Atmos, Chesapeake Energy, Crosstex, Devon, Enbridge Inc., Energy Transfer, Epco, Quicksilver, Williams E & P, and the Texas Pipeline Association. State and national public officials also participated or sent staff members to participate: State Representatives Tan Parker and Lon Burnham attended personally, and State Senators Davis, Nelson, and Harris sent representatives, and US Congressman Michael Burgess also sent a member of his staff. The results of this collaborate effort was the Best Practices fog Pipeline and ~Vlunlclpality l~elatlons. This document is designed to enhance the routing process, through communication and mutual respect. The pipeline industry also adopted a document called General Guidelines for Right Away Acquisition, Construction and Operations. These two documents are attached for your review. We are asking you to adopt a resolution showing your town's/city's support and commitment to adhere to these best practices when dealing with pipeline companies. For your convenience attached is Resolution 09-06, adopted by the town of DISH, Texas. You may also contact the town of DISH for an electronic copy of this resolution. The following public officials are in support of this document: Calvin Tillman, Mark Burroughs, Mayor, DISH, TX Mayor, Denton, TX Cities Impacted by the Barnett Shale Letter Page 2 of 3 ; ~t r~, cm..m ~ 't ~ i pp °r y yQA I /iJ i x Sue Tj eml, Pete Dewing, Mayor, Copper Canyon, TX Mayor, Northlake, TX ~ ~ rk M ~ r ,v ,fr 4r. r' ,F p ~ { ~ ~ Erich Ransleben Connie White Mayor, Krugerville, TX Mayor, Trophy Club, TX ~ ~ _ Carl "Scooter" Gierish Terri Wilson Mayor, Roanoke, TX Mayor, Krum, TX ,SID G ~ ~;w~~ a s ti: ~ ~ t .f . ~ ~ - : Jody Smith Mike Donnelly Mayor, Flower Mound, TX Mayor, Double yak, TX ~ y. . v .»P e ~ , r ._a.,.. ~ tl _u..._vw,..~.. ~i r Joe Higgs Paul Ruggiere Mayor, Sanger, TX Mayor, Corinth, TX a o - ~ - tr e _..,..o a 1 Harv Kitchens Greg Landrum Mayor, Cross Roads, TX Mayor, Argyle, TX a ~ ~ Gary Hammett Ron Branson Mayor, Aubrey, TX Mayor, Carrollton, TX Cities Impacted by the Barnett Shale Letter Page 3 of 3 m~_._. ~ _ ~ n Mike Schnittker Olive Stephens Mayor, Lakewood Village, TX Mayor, Shady Shores, TX (Signature not available Ron Robertson Mayor, Bartonville, TX AGENDA INFORMATION SHEET AGENDA DATE: March 9, 2010 DEPARTMENT: Electric Department ACM: Howard Martin, 349-823 SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas authorizing the Compromise, Settlement and Release of Claims by and between the City of Denton, Texas and DBT Porcupine, L 1, a Delaware Business Trust; authorizing the City Manager and City Attorney to act on the City's behalf in executing any and all conveyances and other documents pertaining thereto, and to take such other actions that are necessary to effectuate and finalize the settlement; authorizing the City Manager to receive an easement on behalf of the City of Denton, Texas; authorizing the expenditure of any funds therefor; and declaring an effective date. BACKGROUND: This is a matter in which the City and DBT Porcupine L 1, a Delaware Real Estate Trust have conflicting claims regarding the affected real property. A settlement has been reached and awaits Council approval. Background regarding this matter has been provided in the Council's closed meeting held on December 15, 2009, and has been mentioned in the February 19 and February 26 Council status reports. OPTIONS: Approve, modify, deny or take no action on the proposed ordinance. RECOMMENDATION: Staff recommends approval. CITY COUNCIL: Set for the March 9, 2010 Closed Meeting and the Consent Agenda for this Council Meeting. PRIOR ACTION: Presented and negotiation authority contained at the Public Utilities Board Meeting of December 7, 2009. Presented to Council at its Closed Meeting on December 15, 2009. FISCAL INFORMATION: No financial impact upon the City. EXHIBITS: 1. Ordinance Respectfully submitted, . v ~ ~ ~ '~1 7 PA ~1~' ~ .emu ~xr oe Michael S. Copeland Utility Attorney EXHIBIT 1 ORDINANCE N0.2010- AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE COMPROMISE, SETTLEMENT AND RELEASE OF ALL CLAIMS BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DBT PORCUPINE, Ll, A DELAWARE BUSINESS TRUST; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL CONVEYANCES AND OTHER SUPPORTING DOCUMENTS PERTAINING THERETO, AND TO TAKE SUCH OTHER ACTIONS AS ARE NECESSARY TO EFFECTUATE AND FINALIZE THE SETTLEMENT; AUTHORIZING THE CITY MANAGER TO RECEIVE AN EASEMENT ON BEHALF OF THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF ANY FUNDS FOR INCIDENTAL EXPENSES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas and DBT Porcupine, L 1, a Delaware Business Trust ("DBT") have each advanced their claims of ownership regarding a certain tract of realty upon which the City wishes to construct electric transmission line facilities in the future; negotiations have occurred and the parties are now ready to consummate their settlement; and WHEREAS, the City of Denton, Texas will acquire an easement of the necessary tract of land for its electric easement from DBT Porcupine, L 1; the City will execute a Quit Claim Deed to extinguish its claim and clear title to DBT Porcupine, L 1; and the City shall obtain the easement at no charge from DBT; and WHEREAS, on December 7, 2009 this matter was presented to the Public Utilities Board, and Staff received direction that so long as the electric transmission line easement could be obtained for no monetary consideration that the authority to negotiate was granted to Staff; WHEREAS, the City Council, having considered the transaction is of the opinion that this compromise, settlement and release of all claims is well-taken and is the best interests of the citizens of the City, NOW THEREFOR THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the "Compromise, Settlement and Release of All Claims" (the "Agreement") attached hereto as Exhibit "A" and made a part hereof by reference; and authorizes the City Manager to execute said Agreement on behalf of the City of Denton, Texas. SECTION 2. The City Manager and City Attorneys are hereby authorized to act on the city's behalf in approving, executing and receiving any and all documents, and to take other actions as are necessary or appropriate, to finalize the Agreement. SECTION 3. The City Manager is hereby authorized to expend funds, if any, which might be necessary or incidental, in accordance with the Agreement. 1 SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 2 AGENDA INFORMATION SHEET AGENDA DATE: March 9, 2010 DEPARTMENT: General Government CM/DCM/ACM: Geor e Cam bell Cit Mana er~ g p ~ y g SUBJECT: Consider approval of a resolution by the City Council of the City of Denton, Texas regarding the Best Practices for Pipeline and Municipality Relations Resolution; and providing an effective date. BACKGROUND: A group of public officials and members of the Texas Pipeline Association (TPA) have been working in a collaborative manner to improve communications between the pipeline industry and local municipal governments located in the Barnett Shale production area. This group met on a number of occasions to discuss the issues that surround pipeline routing through municipal jurisdictions. Mayor Mark Burroughs attended these meetings as Denton's representative. The following municipalities participated in the workgroup: Argyle, Arlington, Cleburne, Copper Canyon, Denton, DISH, Flower Mound, Fort Worth, Lewisville, Mansfield, Northlake, and Southlake. Company officials from the following companies also participated: Atmos, Chesapeake Energy, Crosstex, Devon, Enbridge Inc., Energy Transfer, Epco, Quicksilver, Williams E & P, and the Texas Pipeline Association. State and national public officials also participated or sent staff members to participate: State Representatives Tan Parker and Lon Burnham attended personally, and State Senators Davis, Nelson, and Harris sent representatives, and US Congressman Michael Burgess also sent a member of his staff. The results of this collaborate effort was the Best Practices for Pipeline and 1~lunicipality Relations. This document is designed to enhance the routing process, through communication and mutual respect. The pipeline industry also adopted a document called General Guidelines for Right Away Acquisition, Construction and Operations. These two documents are attached for your review. Mayor Burroughs j oined several other mayors in sending out a letter asking towns and cities to support the passage of this resolution and commitment to adhere to these best practices when dealing with pipeline companies. The letter is attached for your review. RECOMMENDATION Staff encourages thorough discussion on the Best Practices for Pipeline and Municipality Relations proposal, as we continue to evaluate certain elements of the proposed document. PRIOR ACTION/REVIEW (Council, Boards, Commission): None ADA/EOE/AREA www.cityofdenton.com (TDD 800-735-2989) 3/S/10 Best Practices for Pipeline and Municipality Relations Resolution Page 2 of 2 FISCAL INFORMATION: None Respectfully submitted: John Cabrales Jr. Public Information/Intergovernmental Relations Officer Attachments: Best Practices for Pipeline and Municipality Relations. General Guidelines for Right Away Acquisition, Construction and Operations. Pipeline Proposal Cover Letter Pipeline Proposal Letter Pipeline Proposed Resolution ADA/EOE/AREA www.cityofdenton.com (TDD 800-735-2989) Best Practices for Pipeline and Municipality Relations Pre-Routing: 1. Municipality will designate the department or person with whom pipeline operators should meet prior to obtaining easements and planning of final pipeline route. a. Municipality will provide a packet of information which includes all ordinances and other planning documents which are applicable to pipelines. Pipeline operators will read all ordinances in advance. b. Pipeline operators will present municipality with preliminary route(s) from origin to terminus within the municipality's corporate boundaries together with fixed routing issues (e.g. known well locations that must be connected, existing right of way considered, required and anticipated issues along the preliminary route known by the pipeline operators to affect the routing). c. Municipalities will provide comments on preliminary route within a reasonable amount of time. Reasonable time is defined as not longer than two (2) weeks for gathering lines and not longer than four (4) weeks for transmission lines. Pipeline operators will respond to municipalities' comments. 2. The following language is from Section 181.005(c) of the Texas Utilities Code, and pipeline operators will comply with its requirements in determining routes within a municipality: In determining the route of a pipeline within a municipality, a gas corporation shall consider using existing easements and public rights-of way, including streets, roads, highways, and utility rights-of way. In deciding whether to use a public easement or right-of way, the gas corporation shall consider whether: (1) the use is economically practicable; (2) adequate space exists; and (3) the use will violate, or cause the violation of any pipeline safety regulations. a. Route will be as consistent as practical with existing municipal planning documents for existing and future municipal land uses while respecting private property rights. b. Both parties will strive for the most direct, cost effective, and time efficient route for the pipeline company. 3. Pipeline operators will actively participate in planning of preferred pipeline routes with contiguous municipalities on a proj ect by proj ect basis. Right-of way Acquisition: 1. Pipeline operators will require right-of way agents to be registered with the Texas Real Estate Commission (TREC). 2. Pipeline operators commit to negotiate in good faith with property owners before resorting to eminent domain. 3. A current copy of the GENERAL GUIDELINES FOR RIGHT OF WAY ACQUISTION, CONSTRUCTION AND OPERATIONS is attached to this document as Attachment A. Construction Phase: 1. Municipalities commit, when practical, to grant temporary working easements within public rights of way during construction. 2. Pipeline operators will promptly respond to complaints and will provide to the city contact information fora 24-hour representative who can be reached at all stages of construction. 3. Pipeline operators will commit to avoid removing trees unless necessary for safety and/or regulatory compliance. 4. Pipeline operators will provide copies of plans and final pipeline route within the municipality in a format acceptable to the Municipality. 5. Municipalities and their contractors will commit to use the State's One-Call system when undertaking any excavations in order to avoid damaging pipelines. Desirable: 1. Pipeline operators will work with municipalities to employ principles to reduce noise impact on neighboring residents and businesses. 2. when the pipeline operator has the right to do so and it is reasonable to do so, and when it would not unreasonably interfere with pipeline operations, the pipeline operator may grant municipalities above ground uses in easements. TEXAS PIPELINE ASSOCIATION GENERAL GUIDELINES FOR RIGHT OF WAY ACQUISTION, CONSTRUCTION AND OPERATIONS While building and operating the necessary infrastructure to transport natural gas and liquid hydrocarbon products which provide for the critical energy needs of Texas and beyond, member companies of the Texas Pipeline Association, and their representatives, commit to maintain safe operations, respect landowners and communities, and be responsible stewards of the environment. Texas Pipeline Association member companies and their representatives also commit to conduct their business in accordance with the following guidelines: Communication • Establish and maintain communication with landowners and communities. • Provide landowners with appropriate company contact information during right of way acquisition, construction, and operations. Right of Way Acquisition • Communicate to landowners and to public officials, as appropriate, the scope and purpose of proposed projects, and the processes involved in construction, operation and maintenance of facilities. • Strive to reach right of way acquisition agreements with landowners by negotiating in good faith with honesty and fairness. • Respect landowners' property. • Assure company employed and contract right of way agents hold a current certificate of registration from the Texas Real Estate Commission. Construction • Be respectful of construction impact on community activities and attempt to minimize construction effects on community activities. • Practice good housekeeping on landowners' property, including protection of livestock and wildlife • Timely restore construction site incompliance with contractual obligations. Operations • Conduct operations in accordance with state and federal regulations. • Strive to communicate with landowners prior to any significant maintenance operations on their property. • Train personnel in safe operation practices and conduct emergency planning when appropriate. • Apply appropriate engineering standards for our facilities and operations. Finally, the member companies will provide these guidelines to all employees and representatives involved in Right of Way Acquisition, Construction and Operations to promote commitment and compliance with these guidelines. a ~ 215 E. McKINNEY DENTON, TEXAS 76201 • (944) 349-7717 • FAX (940) 349-823fi _ ~ - - February 26, 2010 RE: Request for Adoption of Best Practices for Pipeline and Municipality Relations Resolution Dear Mayor: Enclosed is a proposed Municipal Resolution (with its own attachments} for you and your City to consider, plus a cover letter of endorsement signed by several Mayors of cities in the northern part of the Barnett Shale region of Texas. Please consider the Mayors' endorsement and have your city/town councils consider supporting the Best Practices for Pipeline and Municipality Relations. All of our cities and towns face difficult interactions with gas transmission companies and their placement decisions. The enclosed Resolution should help to avoid adverse consequences ofnon-cooperation between municipalities impacted by the Barnett Shale and those gas transmission entities by setting out preferred course of conduct for gas line routing decision making. Thank you for your time and thoughtful consideration of our work product. Please call me or any of the Mayors signing the endorsement letter. Sincerely, ~s , Mark Burroughs Mayor "Dedicate to ualit Service" . itf entn. c i ~ . F w, a . . 1 les m ac e e acne a e February 26, 2010 To: Barnett Shale Cities RE: Request for Adoption of Best Practices for Pipeline and Municipality Relations Resolution Dear Mayor: A group of public officials and members of the Texas Pipeline Association (TPA} have been working in a collaborative manner to improve communications between the pipeline industry and local municipal governments located in the Barnett Shale. This group met on a number of occasions to discuss the issues that surround pipeline routing through municipal jurisdictions. The following municipalities participated in the workgroup: Argyle, Arlington, Cleburne, Copper Canyon, Denton, DISH, Flower Mound, Fort Worth, Lewisville, Mansfield, Northlake, and Southlake. Company officials from the following companies also participated: Atmos, Chesapeake Energy, Crosstex, Devon, Enbridge Inc., Energy Transfer, Epco, Quicksilver, Williams E & P, and the Texas Pipeline Association. State and national public officials also participated or sent staff members to participate: State Representatives Tan Parker and Lon Burnham attended personally, and State Senators Davis, Nelson, and Harris sent representatives, and US Congressman Michael Burgess also sent a member of his staff. The results of this collaborate effort was the Best Practices fog Pipeline and ~Vlunlclpality l~elatlons. This document is designed to enhance the routing process, through communication and mutual respect. The pipeline industry also adopted a document called General Guidelines for Right Away Acquisition, Construction and Operations. These two documents are attached for your review. We are asking you to adopt a resolution showing your town's/city's support and commitment to adhere to these best practices when dealing with pipeline companies. For your convenience attached is Resolution 09-06, adopted by the town of DISH, Texas. You may also contact the town of DISH for an electronic copy of this resolution. The following public officials are in support of this document: Calvin Tillman, Mark Burroughs, Mayor, DISH, TX Mayor, Denton, TX Cities Impacted by the Barnett Shale Letter Page 2 of 3 ; ~t r~, cm..m ~ 't ~ i pp °r y yQA I /iJ i x Sue Tj eml, Pete Dewing, Mayor, Copper Canyon, TX Mayor, Northlake, TX ~ ~ rk M ~ r ,v ,fr 4r. r' ,F p ~ { ~ ~ Erich Ransleben Connie White Mayor, Krugerville, TX Mayor, Trophy Club, TX ~ ~ _ Carl "Scooter" Gierish Terri Wilson Mayor, Roanoke, TX Mayor, Krum, TX ,SID G ~ ~;w~~ a s ti: ~ ~ t .f . ~ ~ - : Jody Smith Mike Donnelly Mayor, Flower Mound, TX Mayor, Double yak, TX ~ y. . v .»P e ~ , r ._a.,.. ~ tl _u..._vw,..~.. ~i r Joe Higgs Paul Ruggiere Mayor, Sanger, TX Mayor, Corinth, TX a o - ~ - tr e _..,..o a 1 Harv Kitchens Greg Landrum Mayor, Cross Roads, TX Mayor, Argyle, TX a ~ ~ Gary Hammett Ron Branson Mayor, Aubrey, TX Mayor, Carrollton, TX Cities Impacted by the Barnett Shale Letter Page 3 of 3 m~_._. ~ _ ~ n Mike Schnittker Olive Stephens Mayor, Lakewood Village, TX Mayor, Shady Shores, TX (Signature not available Ron Robertson Mayor, Bartonville, TX s;lottr documentslres~iu~i~ns~l0l~i~e~ine resoiution.doc RESGLI~TIGN ND, A RES~L~JTIDN THE CITY GF DENTIN, TEXAS, ENDORSING REGIGNAL "BEST PRATIES" STANDARDS ALULATED AT FESTERING IMPROVED INTRASTATE GAS UTILITY-MUNICIPAL RELATYON WITH REGARD TO THE A~JISITI~N AND ROUTING OF PIPELINE RIGHTS~OF-WAY THROUGH IN~GRPORATED A1~EAS ~ AND PROVIDING AN EFFEOTfVE DATE WHEREAS, the pity of Denton, Texas is a duly incorporated municipality located in Denton County, and created in accordance with the prvvisivns of chapter ~ of the Local Government Code and operating puxsuant to the enabling legislation of the State of Texas; and WHEREAS, the development of the Baaett Shale has necessitated the installation of a comprehensive infra-state pipeline network though which produced hydrocarbons are carried from gas well operators to the public utility system; anal WHEREAS, this plpellne network frequently conflicts with the fang range corr~prehenive planning goals of north Texas municipalities and creates hardship for individual property owners affected by pipeline routing; and WHEREAS, in an effort to miti ate the conflict and hardship posed by pipeline right-of- ay acquisition and routing the Teas Pipeline Association, a private trade association representing the interests of the intrastate p~pel~nes ~n Texas, has endorsed the concept of a reglonal abet practices" policy; and WHEREAS, through the collaborative efforts of many north Texas municipalities and the Teas Pipeline Association and its n~ernbers, the parties have developed the attached guidelines entitled "hest Practices for Pipeline and 1Vlunic~pallty Relations" thereinafter referred tv as "Best Practices Guidelines"}; and ~REA.S, the non-banding Best Practices Guidelines constitute a series of non- leg~slat~ve standards setting forth the parties' expectations with respect to pipeline pre-routing, right-of-way acquisition and construction; and WHEREAS, the City Council of the Oity of Denton, Texas has determined that it is in the best interest of the public. health, safety and general welfare to endorse the Best Practices Guidelines attached hereto; and ~LIHEREAS, the City Council of the City of Denton, Texas would further encourage intrastate gas utilities to endorse and commit to the standards set forth in the Best Practices Guidelines, with respect to pipeline operations in incorporate areas, NOW, THEREFORE, THE COI~NCIL GF THE CITE' OF DENTON HEREBY RESOLVES; SECTION 1, The City Council ofthe City of Denton, Texas, does hereby endorse the ;`Best Practices for Pipeline and Municipality Relations" attached hereto as Exhibit ``A"~ The  i s:lour d~ct~mentslresa~u~i~~sll0l~ipeline resolutton.doc Best Practices guidelines are not intended to serge as legislation of the pity of Denton, Texas, and instead are calculated at fostering improved intrastate gas utility.municipal relations with regard to the acquisition and routing of p~pel~~e r~gh~s~nf~~va~ through the pity. 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