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061623 Friday Staff Report
City Manager's Office "F 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 DENTON MEMORANDUM DATE: June 16, 2023 TO: The Honorable Mayor Hudspeth and Council Members FROM: Sara Hensley, City Manager SUBJECT: Friday Staff Report Upcoming Meetings A. Juneteenth Holiday—Monday, June 19, 2023 B. Community Partnership Committee on Wednesday, June 21, 2023, at 2:00 p.m. in the City Council Work Session Room. C. Board of Ethics on Thursday, June 22, 2023, at 5:30 p.m. in the City Council Work Session Room. D. Sustainability Framework Advisory Committee on Friday,June 23, 2023, at 1:00 p.m. in the City Council Work Session Room. E. Southeast Denton Area Plan Steering Committee on Friday, June 23, 2023, at 1:30 p.m. at the Development Service Center. F. Council Retreat Day 1 on Friday,June 23, 2023, at 5:00 p.m. at the Development Service Center. G. Council Retreat Day 2 on Saturday, June 24, 2023, at 9:00 a.m. at the Development Service Center. Please check the City of Denton website for final meeting days and times,as information is subject to change after the Friday Report is published. OUR CORE VALUES Inclusion • Collaboration • Quality Service • Strategic Focus • Fiscal Responsibility General Information & Status Updates A. Scheduled Closure of Home Chemical Collection Reuse Store —Roof replacement of the Home Chemical Collections (HCC) building, which houses the Reuse Store, is scheduled to begin on June 26 and end on July 21,weather permitting. To ensure the public's safety, the building will be closed during this time. The building closure will be communicated via social media,updated website messaging, and physical postings at the Reuse Store. All other HCC collection and drop-off operations will continue as usual during this construction. The drop-off and processing operations will be relocated in the interim to the tent building located next to the HCC building. Signage will be posted both on the HCC building and on-site, directing customers to the new location. Staff contact: J.J. Tips, Solid Waste and Recycling B. Natatorium Closed Pending_Repairs —Beginning Monday, June 12, the natatorium closed due to failures within the natatorium's ventilation systems. Replacement fans are on order; however, delivery of the proprietary units was delayed by the manufacturer due to limited availability. The Facilities Department worked with the manufacturer to direct a shipment of six fans to the natatorium so that repairs can be completed immediately. Staff is working to have the fans installed and repairs completed and anticipate reopening the week of June 19. Due to the closure, the following operational changes have been made: • Learn to swim classes were moved to Water Works Park or the Civic Center Pool. • Denton Physical Therapy moved patients to the Civic Center Pool. • DISD Water Polo canceled activities for the week. • Aquatic camps transitioned to events within the Nat classroom and Water Works Park. • The natatorium front desk will remain open to provide passes, answer guest questions, and meet other customer service needs. The general public will remain informed through signage at the facility and social media messaging. Staff contact: Monica Martin, Parks and Recreation C. Letter from Senator Springer Regarding Proposition B — The City received the attached letter, dated June 5, from State Senator Drew Springer regarding Proposition B. Staff contact: Ryan Adams, City Manager's Office D. Security Improvements for Council Meetings — On June 24, 2022, the City Council conducted safety training and held a discussion regarding safety during City Council meetings. During that discussion, staff advised the Council that safety protocols for Council meetings would continue to be monitored considering increases in mass shooting events across the nation and the ongoing desire to provide the safest environment possible for the public during City Council meetings. In an effort to enhance safety at Council meetings, on June 27, 2023, Council will consider a resolution that, through the posting of additional and conspicuous signage, a person may not carry a handgun, concealed or openly carried in a shoulder or belt holster,into a council meeting or meeting of any other city board or commission that is open to the public and is subject to the Texas Open Meetings Act, even if that person is licensed by the State of Texas to carry a handgun. This prohibition does not apply to licensed peace officers acting in the performance of their official duties. This resolution would support, reaffirm, and 2 enhance the City's existing practice regarding handguns and meetings. Additionally, staff intends to make the following changes to promote City Council meeting safety beginning with the July 18, 2023, meeting: • Staffing of two Denton PD officers for each meeting; and • Use of a handheld and/or walk-through magnetometer that would further deter prohibited items from being carried into the Council Chamber. These measures are not in response to a specific threat or incident,but a desire to maintain a safe environment for all involved. Staff wishes to ensure Council, staff, and most importantly, the public, are confident that they can attend and participate in meetings knowing their safety is our chief concern. Staff contact: Frank Dixon, City Manager's Office E. City of Denton Capacity Building Grant—The Capacity Building Grant for nonprofits is a one-time funding opportunity made available by the City of Denton through American Rescue Plan(ARP) State and Local Fiscal Recovery Funding(SLFRF)to allow nonprofits to scale up their efforts and enhance services to support local economic recovery. During their March and April meetings, the Community Services Advisory Committee (CSAC) directed staff to prioritize applications from organizations serving Black, Indigenous and People of Color (BIPOC), and very low- to low-income households. The committee also supported a staff recommendation to make a maximum of five (5) awards ranging from $100,000 to $245,000. The committee reviewed and approved a draft application in their April meeting. The funding application for the Capacity Building Grant opened Friday, April 28, and closed Sunday, May 28. Applicants were required to attend a virtual application training. A notice of funding opportunity was distributed via Community Services' Constant Contact email list, the City's social media accounts, and in the Friday Report to City Council. Twenty-five (25) applications were received totaling $4,722,974 — $3,571,863 more than the $1,151,111 of funding available for this grant. Applicants were invited to make a brief presentation to the CSAC during the June 9 meeting and were requested to stay for the entirety of the meeting if additional questions arose from the committee. Staff reviewed applications for completeness and clarity and provided scores based on the scoring rubric included in the application. Staff scoring was shared with applicants and included in the CSAC June 9 agenda. As with other grants administered through Community Services, staff scores do not determine final recommendations from the Committee, and the Committee has the final say regarding funding recommendations to Council. The scoring rubric and subsequent scores were not designed to provide information on the quality of the proposed project, but to inform the Committee on what applications had the most detailed and salient plans. During the June 9 meeting,the CSAC made funding recommendations based on their review of applications and applicant presentations. The Committee discussed providing funding to applicants who were not able to achieve a high score and might benefit most from capacity-building funds. Staff contact: Courtney Douangdara, Community Services F. Texas Association of Municipal Information Officers Awards Reco nig tion - The Marketing & Communications and Parks & Recreation Departments received recognition from their peers last week in the annual TAMI Awards competition at the Texas 3 Association of Municipal Information Officers (TAMIO) conference in 3 I Arlington, Texas. The City of Denton was a finalist in three categories, bringing home first place in the Innovation category for the Triple Play Collaboration, and second place in both the E-Newsletter (population over 75,000) and Special Publication (population over 75,000) categories for the Senior Center E-Newsletter and Post-COVID Denton Senior Recreation magazine, respectively. Congratulations to both departments for their award-winning collaborations! Staff contact: Justin Harmon, Marketing and Communications G. New StoaWalk® at Fred Moore Park—Denton Public Library's newest StoryWalk®is at Fred Moore Park. It currently displays Angela Johnson's book All Different Now: Juneteenth, the First Day of Freedom. A StoryWalk® is a fun way for children and families to enjoy reading, exercise, and the outdoors at the same time. Laminated picture book pages are inserted into signposts which are then installed along a walking path. As readers stroll down the path they are directed to the next page in the story. Denton's first StoryWalk®, StoryWalk® on the Square, began in 2021 and features book pages posted in the windows of businesses around the Denton Square. Denton Public Library is excited to bring a new StoryWalk®to the Fred Moore Park neighborhood. The first book featured in the Fred Moore Park StoryWalk® is All Different Now: Juneteenth, The First Day of Freedom by Angela Johnson which tells the story of a little girl in Galveston, Texas who experiences the joy of freedom when the news of emancipation is delivered to Texas in 1865. Books in the StoryWalk® at Fred Moore Park will be changed seasonally and new reading material will be • available throughout the year. presents This project is funded by a grant StoryWalk from the U.S. Institute of in the Park ! r Museum and Library Services to the Texas State Library and Archives Commission(TSLAC) under the provisions of the FNTON PUBLIC I�BRARY PRESE . today Library Services and _ Technology Act. Denton Public ;� • Library applied for and was • • awarded funding underPark TSLAC's Texas Reads category. The agency's Texas Reads Grant program supports projects that promote reading 4 and literacy within local communities. The City of Denton Parks and Recreation Department installed the signposts along the Fred Moore Park walking path. Staff contact: Jennifer Bekker, Libraries H. Gibbons Creek Mining Cleanup Award—On June 13,the Texas Municipal Power Agency (TMPA), a wholesale generation and transmission municipal power agency serving the electric systems of the Member Cities, including Denton, was presented with a Reclamation Award by the Railroad Commission of Texas,at an Open Conference of the Commissioners.The award recognizes the successful reclamation of waste piles at the Pond SP- 50 Islands Project TMPA's Gibbons Creek lignite Mine • t.�, (pictured). The Gibbons Creek Steam Electric Station (GCSES), a coal-fired generating plant located east of Bryan/College Station, Texas, in Grimes County was in operation by TMPA for 35 years until September 2018. TMPA sold the plant in 2021 and the majority of the mine site in 2022, and now only retains a small amount of the mine property. Pond SP-50 was built in 1994 for sediment control of a new area where mining was to start in 1995. In that year, the Agency decided to _ bring in better-quality coal from Wyoming. As a result, TMPA closed Gibbons Creek Lignite Mine and no mining occurred in the watershed of Pond SP-50. In 2016, the Agency discussed the remaining reclamation options of the mine with Railroad Commission Staff. The solution was to convert the waste piles into islands with wetland wildlife enhancement features. Channels were excavated to separate the waste piles from the banks of Pond SP- 50 leaving them as islands. The soils of the waste piles were improved to create suitable plant growth material by liming, fertilizing, and deep aeration. In 2018, TMPA planted grass and woody vegetation and used sprinklers to help the vegetation become established. The Commission conducted comprehensive inspections in November 2021 and May 2022 and granted the bond release in September 2022. Staff contact: Tony Puente, DME I. Internal Audit Releases Fleet Services Operations: Vehicle Management Independent Agreed-Upon Procedures — The Internal Audit Department has released a new report outlining the results of a vehicle inventory and vehicle replacement best practice research for the City's vehicle fleet. These procedures were agreed upon by the Fleet Services Division and the Internal Audit Department, and their sufficiency is solely the responsibility of Fleet Services management. This report is solely for the information and use of the City Council of the City of Denton, the City Auditor, City management, and the Fleet Services Division and is not intended to be used and should be not used by anyone other than those specified parties. Detailed findings can be seen in the Audit of Fleet 5 Services Operations: Vehicle Management Independent A reed-Upon Procedures Engagement. Staff contact: Madison Rorschach, Internal Audit J. Chairy Orchard Public Input —Parks and Recreation staff is seeking public input on how best to honor the Chairy Orchard and make use of the various elements of the Chairy Orchard installation that Parks staff was able to secure during its closing. Staff has several prominent elements of this installation, including the "very big chair," a sculptural chair archway,a love lock display,and other miscellaneous chairs.Public input about the Chairy Orchard can be submitted at the July Jubilee event on July 3 at the Courthouse-on-the- Square and at a public meeting on July 13. Additionally, Denton residents can provide ideas and feedback on the Discuss Denton Chairy Orchard Project webpage. Staff contact: Omar Siddiqi, Parks and Recreation K. "Serve" Sculpture at Denton Tennis Center — Parks and Recreation is excited to announce the upcoming installation of Christine Sanders' sculpture "Serve" at the Denton Tennis Center (1117 Riney Rd.). Staff is working with the artist and her manufacturing counterparts at 23 Design Co., and once complete, the sculpture will be installed on a concrete plinth located at the front of the facility. The artwork is scheduled for installation this month. Staff f contact: Omar Siddigi, Parks and Recreation l Iil IS l Int A GAM[ Of 1E.-S L. Denton Municipal Electric Provides Aid Following Storms —On Thursday, June 15, the North Texas area experienced severe thunderstorms including high winds and hail that brought down trees and power lines which has caused power outages in Greenville,Texas. As part of the Mutual Aid Agreement between the City of Denton and the City of Greenville, DME responded to Greenville Electric's request to help with the restoration efforts on Friday, June 16. DME is sending a crew of nine linemen to Greenville, and the crews will use supplies provided by Greenville. DME will be reimbursed for all expenses incurred during the aid response per the mutual aid agreement. As needs arise, the Denton community and Denton's public power mutual aid partners can rely on DME field crews to lend a hand during challenging times. Staff contact: Chris Lutrick, DME Responses to Council Member Requests for Information A. TIRZ BoundaaInqui1y - On June 6, Council Member Byrd asked staff to assist a new business owner after it was discovered that their property is located outside of the City's Tax Increment Reinvestment Zone (TIRZ). Because of this, they are not currently eligible for the existing program, which utilizes TIRZ funding to assist with infrastructure improvements. Following the previous TIRZ boundary expansion Work Session, staff was directed to bring the item back after the Downtown Master Plan is complete and specific projects have been identified. Staff anticipates bringing the item back to Council in the Fall of 2024 unless directed otherwise. Staff contact: Christine Taylor, City Manager's Office B. Unpermitted Structure on Wisteria Street—On June 6, a resident contacted members of the Council regarding the construction of an unpermitted structure on Wisteria Street. Staff performed an inspection on June 7, notified the homeowners that proper permitting is required,and issued a stop work order. Staff is currently navigating the homeowner through 6 the permitting process and will re-inspect to ensure no work is being completed while the stop work order is in place. Staff contact: Emily Loiselle, Development Services C. Group Home on Kayewood Drive—On June 8,Mayor Pro Tern Beck and Council Member Watts forwarded a resident's email regarding the Oxford House on Kayewood Drive. In October 2022, Development Services staff received a request for a reasonable accommodation under the Federal Fair Housing Act for the property located on Kayewood Drive. In response to the request received, staff worked with the Development Code Review Committee regarding code amendments to the reasonable accommodation process; however, those amendments will not be proceeding to public hearings at the Planning and Zoning Commission until later this summer after the proposed process changes are first reviewed with, and feedback is received from,the Committee on Persons with Disabilities, and to make them aware of the proposed changes since they oversee a similar process related to the Code of Ordinances. The accommodation request related to the Oxford House on Kayewood Drive is being presented as an item for individual consideration during the July 18 City Council meeting. During the meeting, residents will have the opportunity to voice any concerns. Additionally, residents may contact the Denton Police Department with any public safety concerns regarding the Oxford House and/or the City's Code Enforcement Division if property maintenance code violations are observed. Staff contact: Hayley Zagurski, Development Services D. Elm Street Construction-Related Concerns — On June 9, Mayor Hudspeth requested an update on the Elm/Locust Streets project and asked staff to contact a business owner negatively impacted by the ongoing construction. Staff received a similar request that was answered in the May 12 Friday Report.On Elm Street and Locust Street north of the square, the City of Denton utility and roadway improvements are a joint project between the City of Denton and Denton County with an estimated construction start of Summer 2024. On Elm Street and Locust Street south of the square, the City of Denton utility improvements are complete and pavement improvements have an estimated construction start of Summer 2024. Staff is working with TxDOT on an agreement that includes the eventual"turn back" of the roadway to the City once construction is complete. Staff continues to engage with TxDOT on an ongoing basis and will communicate any updates to the City Council and community as more information becomes available. Concerned community members can reach out to Trevor Crain with the City of Denton at Trevor.Crain(c-r�,cityofdenton.com or Amanda Miller, PE with TxDOT at Amanda.Miller(abtxdot.gov. Staff contact: Trevor Crain, Capital Projects E. Improved Pedestrian Safety at Oak and Welch Streets — On June 9, Council Member Meltzer asked a follow-up question regarding options for improving pedestrian safety at the intersection of Oak and Welch Streets. Oak Street currently has a speed limit of 25 mph due to the character of the roadway, and Welch Street is identified as a University Campus Street with a 20 mph speed limit. Staff will install a traffic camera near the intersection to monitor pedestrian movements during the fall semester to determine if other possible solutions exist to improve pedestrian safety. Staff contact: Brett Bourgeois, Engineering F. Tall Grass on Nicosia Street—On June 9, a resident contacted the City Manager and Mayor Pro Tem Beck regarding tall grass/weeds along the walking path on Nicosia St. Staff followed up on June 12, notifying the resident that the University of North Texas (UNT) would have their contractor mow the UNT-owned area. Staff contact: Gary Packan, Parks and Recreation G. Construction at Bradshaw and Prairie Streets—On June 10,Council Member Byrd inquired about the paving completion on Bradshaw Street and Prairie Street in Southeast Denton ahead of the Juneteenth activities, scheduled for June 16. Capital Projects staff coordinated with the contractor and the Parks and Recreation Department to ensure the job site is cleaned up and available for parking. Prairie Street from Bradshaw to Lakey will remain closed and secured through the weekend. Staff will inspect the roadway on the morning of June 16 to ensure the roadway and park area are suitable for use. The attached map has been created and distributed via social media and to the event team for their use. Staff contact: Seth Garcia, Capital Projects H. Engage Denton App Unavailable for Download — On June 9, Council Member Meltzer notified staff that the Engage Denton app is unavailable for download in the Android store. The Technology Services Department is currently working with Apple to update the City's multifactor authentication (MFA) settings on the account. Multifactor authentication is a security technology that requires multiple methods of authentication from independent categories of credentials to verify a user's identity for a login or other transaction. Once the updates have been completed, the app will once again be available for download. While the app is unavailable for new downloads, current Engage Denton users are not affected by this issue. Alternatively, requests can be entered via the Engage Denton website, or by calling the City's Customer Service Department at (940) 349-8700. Staff contact: Monica Benavides, City Manager's Office I. Traffic Signal Ambiguity at Locust Street and Hickory Street — On June 10, Council Member Meltzer shared a resident's concerns regarding traffic signals at the intersection of Locust Street and Hickory Street. The resident indicated that the current signal configuration creates confusion as to which driver has the right of way between eastbound and westbound traffic on Hickory Street. Engineering and Traffic Operations staff evaluated the signal configuration, as well as signage at the intersection, and will be resequencing the signals to provide protected movements for eastbound and westbound lanes. Staff will replace the signs to provide adequate direction to drivers at the intersection. These changes will be implemented by June 23, weather permitting. Staff contact: Ethan Cox, Public Works J. Streetlight Brightness Inquiry— On June 11, Council Member Meltzer inquired about the brightness of a streetlight in the vicinity of Stonegate and Southridge Drive,concerned that it may be too dim. Staff assessed the light at the intersection and determined that the brightness was set to 60%, which is the standard setting for roadways with traffic speeds of 30 mph or less. The brightness was increased to 100% and will be adjusted based on feedback. Staff also repaired a non-functioning streetlight near this location. Staff contact: Tony Puente, DME K. Request for a Traffic Light Evaluation — On June 11, Council Member Meltzer inquired about the potential installation of traffic signals at the intersections of Teasley Lane/Pennsylvania Drive and Teasley Lane/Longridge Drive. Teasley Lane is a Texas Department of Transportation (TxDOT) owned roadway; therefore, any improvements or changes to that roadway must be completed by TxDOT. Staff previously completed a signal warrant analysis for a pedestrian hybrid beacon (also known as a HAWK Beacon) 8 at the intersection of Teasley Lane/Longridge Drive; however, the analysis did not meet TxDOT requirements for signal warrants for installation. Staff continues to communicate with TxDOT about the installation of a pedestrian hybrid beacon at Teasley Lane/Longridge Drive and has requested a new pedestrian signal warrant analysis be completed. Traffic signal warrants will need to be completed for both the Teasley Lane/Longridge Drive and Teasley Lane/Pennsylvania Drive intersections to determine whether minimum requirements are met. Staff will coordinate with TxDOT regarding the necessary warrant studies. Staff contact: Brett Bourgeois, Engineering L. Request for Speeding/Traffic Calming Solutions — On June 11, Council Member Meltzer inquired about speeding issues and potential traffic calming solutions along Southridge Drive, Longridge Drive, and Lynhurst Lane. Staff completed speed data collection along Southridge Drive in September of 2021, where data showed speeding was not a concern. Staff will schedule new speed data collection along Southridge Drive, Longridge Drive, and Lynhurst Lane to determine if a speeding issue exists before possible traffic calming solutions are developed. Staff contact: Brett Bourgeois, Engineering M. Internet Outages Brooklake Street — On June 11, Mayor Hudspeth and Council Member Meltzer shared concerns expressed by several residents regarding continuous internet outages on Brooklake Street due to construction. On June 2, a construction contractor hit a fiber optic line while conducting road reconstruction at the intersection of Thunderbird Drive and Carriage Hill. While the line was not fully broken, enough damage occurred to degrade the quality of the line and disrupt services. The line was repaired on June 12 and service was restored to residents on Brooklake. Staff will continue to monitor internet service to ensure no other lines were damaged. Staff contact: Cole Tankersley, Capital Projects N. Road Condition Concerns on Hollyhill Lane — On June 11, Council Member Meltzer requested staff evaluate road conditions on Hollyhill Lane between Southridge Drive and Tennyson Trail, as well as Skylark Drive. The overall condition index(OCI)and staff field evaluations indicate that these roadway segments will require reconstruction. Skylark Drive is scheduled to be reconstructed as part of the 2019 bond package. For Hollyhill Drive, staff is coordinating with internal and external utilities to determine if subsurface utility work is required. Once that evaluation is complete, staff will submit the required work for consideration in a future capital improvement plan (CIP). While onsite, Streets staff performed pothole patching as temporary repairs to improve the driving surface until the roadways can be reconstructed. Staff contact: Ethan Cox, Public Works O. Safety & Code Enforcement Concerns on Anysa Lane—On June 11, a resident contacted Council Members regarding ongoing safety concerns and code violations at a single-family residence on Anysa Lane. Community Improvement Services (CIS) and Denton Police Department(DPD)worked with the property owner to address code violations and activity at the home. CIS previously opened two cases in May 2023 to address stagnant water and trash and debris on the property. As of June 14,the stagnant water issue was resolved, and trash and debris are 90% clear. CIS staff will follow up on June 16 to confirm cleanup has been completed. Since August 2022,DPD responded to 18 calls for service at the property, four of which occurred since June 11. DPD spoke with five temporary occupants who vacated the property on June 13.As of June 14,the owner and one confirmed tenant occupy the home. Staff are working with the property owner to address utility connection issues and to bring the home into compliance with building codes. An update and contact 9 information were provided to the resident who submitted the original request should future needs arise. Staff contact: Courtney Douangdara, Community Services P. 18-Wheelers Parked on the Buccee's Access Road- On June 11, Council Member Meltzer requested staff investigate 18-wheelers parking on the access road to Buccee's. Staff passed along the concern to TxDOT and was informed that this portion of the roadway will become the service road during the I-35 expansion project. Staff contact: Rebecca Diviney, Capital Projects, Engineering, Public Works Q. Joe Skiles Park Inquiries—On June 11, Council Member Meltzer inquired about Joe Skiles Park, including the status of park modifications, irrigation, walking trails, and the replacement of grass due to stickers. Parks and Recreation held a community meeting this spring for the renovation and improvement of Joe Skiles Park.With the assistance of ARPA funding, Joe Skiles Park will incorporate a loop trail, pavilion, tennis court renovations, trees, irrigation, and new grass. The installation of irrigation and seed/sod will help eliminate the sticker issue that has been present for years. Without irrigation,the turf is not healthy enough to eliminate stickers and reduce the opportunity for them to thrive. Following the community meeting, design began on the trail and the project and staff anticipate construction to begin in late summer or early fall. For additional information on the Joe Skiles Park project, visit the Discuss Denton page. Staff contact: Gary Packan, Parks and Recreation R. Grant Application Statistics—On June 13,Mayor Pro Tern Beck requested statistics related to grants applied for and received by the City, over a one-year period. Attached is a summary of the information. Additional grant information can be found in the Fiscal Year 22-23 Adopted Annual Program of Services. Staff contact: Daniel Jones, Finance S. Inclement Weather Cooling Stations Inquiry — On June 13, Council Member Meltzer inquired about potential expanded hours at summer cooling stations due to unavailability after 5 p.m. on Sundays. Staff provided a link to the City's Ready Denton — Extreme Temperatures webpage, which lists locations with extended hours. Other inclement weather resources were included in the May 19 Friday Report. Additionally, Council Member Meltzer and Mayor Pro Tern Beck asked whether there was a possibility of providing transportation from cooling facilities to the shelters once those facilities closed for the evening. While staff does not have the capacity to conduct courtesy transports after normal business hours, the DCTA GoZone and the Connect Bus, specifically Route 3, remain available as resources. Route 3 (attached) includes stops at the Salvation Army and Community Shelter. Staff will continue to explore potential options for providing transportation resources to the community. Staff contact: Frank Dixon, City Manager's Office T. Trash and Debris at I-35 and University Drive — On June 13, Council Member McGee shared a resident inquiry about individuals who may be experiencing homelessness, trash, and overgrown grass near the intersection at North I-35 E and University Drive. The Police Department's Homeless Outreach Team (H.O.T.) and Community Improvement Services (CIS) inspected the property and found trash and debris but no other activity. CIS and Community Services staff will work with the Texas Department of Transportation to abate the trash and overgrown grass. Staff contact: Megan Ball, Community Services Information from the City Manager 10 A. Communications Staffing Changes — Beginning this week, the City implemented some changes in its communications-related staffing. Starting Wednesday, June 14, Stuart Birdseye is serving as the Public Information Officer for Denton Municipal Electric (DME). Having a communications professional dedicated to DME will greatly assist in its efforts to provide more effective and responsive information to its customers and the community. As we look to the future of our communications in a growing and ever- changing community,the City intends to recruit and hire a Chief Communications Officer to lead and coordinate citywide communications,marketing,branding,and public relations efforts. The initial steps in this recruitment are underway and we expect to have this position filled in the fall. Justin Harmon and Ryan Adams will provide leadership for the Marketing and Communications Department until the hire is made. Upcoming Community Events and Public Meetings A. Free Fan Giveaway— Free fans are still available! Denton Municipal Electric (DME) and the Sustainability Office, through the GreenSense Energy Efficiency Program, are providing more than 1,000 20" air circulator floor fans, free to DME customers. Fans will be available for pickup Saturday, June 17 from 10:30 a.m. to 1 p.m. at the Martin Luther King Jr. Recreation Center(1300 Wilson St.)A pre-registration form is available using this link. Fans may also be picked up at the City of Denton Sustainability Office (1001 S. Mayhill Rd), Monday through Friday, from 8 a.m. to 5 p.m. DME customers are asked to provide their billing account number, or id with name and service address to verify customer accounts. Staff contact: Katherine Barnett, Environmental Services & Sustainability. B. Golf Scramble— Parks and Recreation will host its monthly golf scramble at Wildhorse Golf Club in Robson Ranch (9400 Ed Robson Blvd) Tuesday, June 20 from 5 to 8 p.m. Tee off with staff and enjoy the chance to win some great prizes. A golf scramble is one of the most common formats for a golf tournament. The game is played by a team of two players and each member hits their ball throughout the match. The team chooses the best shot from the first stroke and uses the same spot for each player. After completing one round,the team engages in another stroke where they select one location and play the balls from there. The process continues until all holes are completed. There is a $30 for a team and an additional $14 per person green fee paid to Wildhorse Golf Club. Registration is available at this link. Staff contact: Kelsey Stuart, Parks and Recreation C. Bilingual Story Time at North Branch Library/ Hora de Cuentos Bilinu�Join us with teachers from TWU for interactive classes that use stories, songs and puppets in English and Spanish to prepare children to learn to read! For children ages 1-5 and their caregivers. iAcompananos con maestros de TWU para clases interactivas donde se usan cuentos, canciones, y marionetas en ingles y espanol para apoyar a los ninos a aprender a leer! Para ninos entre las edades de 1 a 5 y sus cuidadores. Tuesday, June 20, from 11 a.m. to 11:30 a.m. at the North Branch Library. Staff contact: Jennifer Bekker, Libraries D. Internet & Email Basics at South Branch Library - Specialists from Goodwill's Digital Career Accelerator program will be at the library to help you sharpen your computer skills and advance your career! Limited tickets will be given out at the reference desk 30 minutes before. Ages 18+ Wednesday, June 21, from 2 p.m. to 3:30 p.m. at the South Branch Library. Staff contact: Jennifer Bekker, Libraries 11 E. Fun with Recycling at Emily Fowler Central Library - Do we trash it, reuse it, or recycle these materials in Denton? Kids will learn all about recycling in a fun and interactive way that encourages personal accountability. We'll even play some recycling games with a giant parachute. This program is in partnership with Sustainable Denton. Ages 5-10. Thursday, June 22 from 4 p.m. to 4:45 p.m. at the Emily Fowler Library. Staff contact: Jennifer Bekker, Libraries F. Awesome Afternoon: High School Musical Dance Party at South Branch Library - We're All In This Together! All together now, we will learn choreography to High School Musical's "We're All in This Together". We will also design our own jerseys or cheerleading uniforms. Let's get groovy and have an awesome time jamming out. Ages 6- 10.Thursday,June 22,from 4 to 5 p.m. at the South Branch Library. Staff contact: Jennifer Bekker, Libraries G. World's Largest Swim Lesson—Join Denton Parks and Recreation's Aquatics division at the Civic Center Pool in Quakertown Park on June 22 from 10 a.m. to 10:45 a.m. to participate in the World's Largest Swim Lesson (WLSL) — a global drowning prevention event launched by the World Waterpark Association in 2010. The event will offer life- saving swimming instruction for children ages seven and older. The event is free to attend but registration is required, using this link. Staff contact: Omar Siddiqi, Parks and Recreation H. Adapted Rec Social Connections—Join Adapted Rec at Andy B's (2600 Panhandle St.)on Friday, June 23 from 11 a.m. to 1 p.m. for some friendly bowling fun! The event is for individuals 14 and older with disabilities. The event is $10 to attend and registration is available online. Staff contact: Mia Macy, Parks and Recreation I. Emily Fowler Central Library Presents the IfCM Collective: Invitation to Jazz and Creative Music - The Institute for Creative Music Collective will perform music from their three albums of jazz arrangements of contemporary artists like Prince, Bj6rk, and St. Vincent as well as original compositions, blues, and freely improvised music. The IfCM Collective invites the audience in on the creative process—be ready to experience jazz as an insider! http://www.ifcmusic.org// Saturday, June 24, from 2:30 p.m. to 3:30 p.m. at the Emily Fowler Library. Staff contact: Jennifer Bekker, Libraries J. Family Fishing Day—Join Pond Hopper Nation and 4 To 4 Ever,Inc. as they host a family- friendly fishing event at South Lakes Park(556 Hobson Ln.) on Saturday, June 24 from 9 a.m. to 3 p.m. This event is free for members of the Denton community and surrounding areas. The first 50 children who register on the Pond Hopper Nation website with an"Early Registration Ticket" and attend the event between 9:00 a.m. and 9:30 a.m. will receive a free fishing rod and reel.After 9:30 a.m.rods will be distributed on a first come,first served basis. Pond Hopper Nation volunteers will be on hand for anyone needing a little help fishing. Please check the event schedule at the Pond Hopper Nation website to see all the fun fishing activities for children,and to get your tickets. The website also has sponsorship, volunteer, and host information for future events. Staff contact: Carin Zeman, Parks and Recreation K. National Bingo Day—Join active adults ages 50 and up at the Denton Senior Center (509 N. Bell Ave.) to celebrate National Bingo Day on June 27 from 11 a.m. to 1 p.m. Meet 12 friends or make new ones while enjoying several games of Bingo. The event is free to attend, and registration is not required. Staff contact:Nicole Brasher,Parks and Recreation L. Splish Splash Story Time—Everyone's favorite story time by the pool is back this summer! Join Denton Public Library for a special Story Time in the children's play pool at Water Works Park. Splish Splash Story Time events are from 10 a.m to 10:45 a.m.every Thursday from June 1 through July 20 at Water Works Park. Park admission is waived, but participants must stay at the Children's Play Pool and exit the park by 10:45 a.m. For ages 1-5 and their caregiver. This program is co-sponsored by Denton Parks and Recreation Aquatics. Staff contact: Jennifer Bekker, Libraries Attachments A. Letter from Senator Springer Regarding Proposition B ....................................................14 B. 2023 Juneteenth Parade Route Map...................................................................................15 C. Grant Application Statistics...............................................................................................16 D. DCTA Route 3 Map and Schedule ....................................................................................17 Informal Staff Reports A. 2023-043 Current and Future Home Chemical Collection(HCC) Initiatives ..................19 B. 2023-044 Solid Waste Code of Ordinances Chapter 24 Revision.....................................21 Council Information A. Council Requests for Information......................................................................................96 B. Public Meeting Calendar....................................................................................................99 C. June 23, 2023, Council Retreat Day 1 Draft Agenda ......................................................103 D. June 24, 2023, Council Retreat Day 2 Draft Agenda ......................................................104 E. June 27, 2023, Council Meeting Draft Agenda...............................................................105 F. Future Work Session Items..............................................................................................116 G. Street Closure Report.......................................................................................................118 13 COMMITTEE ON.ADMINISTRATION, DICE-CHAIR OAh����, COMMITTEE ON NOMINATIONS COMMITTEE ON LOCAL GOVERNMENT, VICE--CHAIR COMMITTEE ON WATER,AGRICULTURE COWMITTEE ON EDUCATION AND RURAL AFEARIS COMMITTEE ON NIGHER EDUCATION, - SPECIAL COMMITTEE ON REDISTRICTING SUB COMMITTEE ' SUNSET COMMITTEE SENATOR DREW SPRINGER. DISTRICT 30 June 5, 2023 In November 2022,Proposition B was passed in the City of Denton, which prohibits police from arresting or citing for possession of four ounces or less of cannabis. However, Proposition B is in direct contradiction with Texas state law which states that possession of up to 2 ounces of marijuana is a Class B misdemeanor, 2 ounces to 4 ounces is a Class A misdemeanor, and any amount more than 4 ounces is a felony. Texas law is clear that a local municipal ordinance does not supersede state law and that a local government must enforce any and all state laws relating to drugs. Texas Local Government Code 370.003 states that, "the governing body of a municipality, the commissioners court of a county, or a sheriff,municipal police department, municipal attorney, county attorney, district attorney, or criminal district attorney may not adopt a policy under which the entity will not fully enforce laws relating to drugs, including Chapters 481 and 483, Health and Safety Code, and federal law." Therefore,the City of Denton does not have the authority to direct police officers to disregard portions of state law in order to align with an ordinance such as Proposition B. Police officers swear an oath to uphold the law and are obligated to enforce all Texas state laws even when they contradict with local ordinance. Sincerely, �fe Senator Drew Springer CAPITOL OFFICE: - A DISTRICT OFFICE: ROOM E1.706 _ DENTON SQUARE BUSINESS CENTER P.O.Box 12068 — — 725 S-I35 EAST,SUITE 222 AUSTIN,TEx9s 78711 — DENTON,TX 76205 (512)463-0130 Drew.Springer@Senate.Texas.Gov (940)323-9338 JC � Den ton juneteen t Parking available ,t 1 E Sycamore S[ ` Celebration F 1 1 1 Oakwood � I Cemetery E Prairie St pi pd � � lE11 � 111N � � i C a' ` _,zon a "> v a� x a � LA -i D LJL---I Fred Moore Park r Legend Ln NRoad Closed to Car Traffic Escorted Parade Route - - - Parade Route © Temporary Road Surface 1111 Ip DENTON 15 e S Grant Agency Grant Topic Department Status Grant Funds Requested Match Funds Application Date Award Received Award Match DCTA Street and Sidewalk projects near DCTA routes Capital Projects Awarded $3,074,578.00 $0.00 5/2/2022 $ 3,074,578.00 $ - DCTA Street and Sidewalk projects near DCTA routes Capital Projects Awarded $906,000.00 $0.00 5/2/2022 $ 906,000.00 $ - Texas Commission on the Arts vinyl wrap utility boxes Parks Awarded $12,000.00 $12,000.00 6/15/2022 $ 6,000.00 $ 6,000.00 Texas Parks&Wildlife Bowling Green Park Trail Parks Awarded $598,532.00 $598,532.00 8/1/2022 $ 598,532.00 $ - TCEQ EV chargers at Civic Center DME Not Awarded $117,842.00 $117,842.00 7/12/2022 Texas Office of the Governor Hazmat decontamination Fire Awarded $14,000.00 $0.00 1/25/2022 $ 14,000.00 $ Texas State Libraries and Archives Commision Library materials transfer Library Awarded $18,000.00 $0.00 7/15/2022 $ 18,000.00 $ Department of Justice Narcotics Detection Equipment Police Awarded $32,201.00 $0.00 8/8/2022 $ 53,999.00 $ Community Webs Local history archive Library Awarded $2,200.00 $0.00 8/31/2022 $ 2,200.00 $ - Humanities Texas Rural Texas Women at Work exhibit Library Awarded $750.00 $750.00 9/23/2022 $ 500.00 $ 500.00 Humanities Texas Eco-Poetry Library Awarded $1,500.00 1500 in-kind 9/23/2022 $ 1,500.00 $ 1,600.00 Texas Parks&Wildlife Trail Tour Program Parks Not Awarded $70,000.00 $0.00 11/1/2022 USA Swimming Foundation Reduced Swim Lessons Cost Parks Not Awarded $5,000.00 $0.00 12/15/2022 TxDOT Pecan Creek Trail construciton Parks Applied $10,789,678.00 $2,742,976.00 6/5/2023 TxDOT Police Phlebotomist Police Awarded $168,050.00 $43,050.00 1/4/2023 $168,050.00 $43,050.00 Department of Energy reduce energy use and emissions Sustainability Applied $182,710.00 $0.00 4/28/2023 City of Denton Community Services Free summer camp tuition Parks Awarded $63,871.80 $0.00 1/30/2023 $63,871.80 $ City of Denton Community Services Park shelter at Fred Moore park Parks Awarded $225,000.00 $0.00 1/30/2023 $225,000.00 $ Department of Homeland Security Fire Department training Fire Applied $50,000.00 $5,000.00 2/10/2023 Texas Office of the Governor Body Armor Police Awarded $65,000.00 $0.00 2/9/2023 $ 65,000.00 $ Department of Energy Remote Control Monitoring of System DME Applied $21,841,563.00 $10,920,782.00 3/17/2023 American Library Asociaiton Develop Gaming Programs Library Applied $500.00 $0.00 3/15/2023 Texas Offcie of the Governor Bomb detection Fire Applied $100,000.00 $0.00 2/9/2023 FEMA Fire Department Staffing Fire Applied $2,178,000.00 $0.00 3/17/2023 DCTA Street and Sidewalk projects near DCTA routes Capital Projects Applied $5,306,987.00 $0.00 5/2/2023 Texas Parks&Wildlife Dock and Kayak Launch at North Lakes and Lake Parks Applied $205,189.00 $68,396.00 5/1/2023 Texas Office of the Governor Bullet Resistent Shields Police Awarded $28,500.00 $0.00 9/19/2022 $ 28,500.00 $ - American Library Asociaiton Library Conference tuition and travel Library Awarded $991.34 $1,040.00 9/30/2023 $ 991.34 $ 1,040.00 US Homeland Security Hasmat PPE Fire Applied $73,087.86 $0.00 4/6/2023 US Homeland Security Tactical Team Equipment Fire Applied $66,115.00 $0.00 4/6/2023 Department of Energy Renewable Energy DME Applied $46,500,000.00 $23,250,000.00 5/29/2023 Humanities Texas Eco-Poetry Library Awarded $2,000.00 $2,000.00 5/20/2023 $ 2,000.00 $ 2,000.00 USDA Tree planting and invasive privet removal Parks Applied $1,735,931.24 $1,735,931.24 6/1/2023 NCTCOG Stryofoam Densifier Solid Waste Applied $70,850.00 $0.00 5/31/2023 NCTCOG Recycling bin program Sustainability Applied $120,836.00 $0.00 5/31/2023 Grant funds Match Funds Awarded $ 5,228,722.14 $ 54,190.00 Applied Grant funds Match Funds $ 89,221,447.10 $ 38,723,085.24 16 CTA .. COUNTY TRANSPORTATIONAUTHORITY connect bus Route3 Summer 2023 (Effective May 15, 2023) �U�\veCs\,�y QC a.� QNORTH W 0001 A F Audra Ln Blagg Rd owntown Denton Transit Center (DDTC) i $$ -0 3 . 6 . 7 o E Cz _ Cz cz °' Or leLn Q City E Q� Fountains Cz Hall L_ o � of Denton I = .� Market St Cz East oo v E McKinney St ■N Mills Rd Hickory 0= O Mack Ran N N T o- O Park W High E Sycamore SI CD school LJJ J O County O cocoCourthouse 31 ¢�Pebblebrook Open Space LA D E N TO N ��Morse St shady pales�r O LEGEN 1 73 a� O Timepoint p Bus Stop Transfer Point ,•z•a Connecting Routes Spencer Rd A-train Station �7 ■ Point of Interest J � Cz C L LL co _ O/0,� iE a See back for the modified schedule. Visit RideDCTA.net for more information. ❑� ❑■ To view the most up-to-date schedule and map, scan the QR code on the left using your smart phone camera (make sure your camera is close enough). Tap the pop-up notification which will send you to the website. 17 Route - . Monday A Inbound to DDTC Hacia DDTC Outbound to Morse Transfer/ Salida hacia Morse Transfer Morse McKinney McKinney Hickory DDTC Hickory McKinney Transfer at Duchess at Audra at Bradshaw (Ist Stop) at Wood at Mayhill 0 0 0 0 0 0 0 ID:770692 ID:770146 1D:770120 ID:770540 1D:770121 ID:770123 7:07 7:15 7:20 7:22 7:28 7:30 7:46 7:52 8:00 8:05 8:07 8:13 8:15 8:31 8:37 8:45 8:50 8:52 8:58 9:00 9:16 37 Q 9:22 9:30 9:35 9:37 9:43 9:45 10:01 10:07 10:15 10:20 10:22 10:28 10:30 10:46 10:52 11:00 11:05 11:07 11:13 11:15 11:31 1 1:37 1 1:45 1 1:50 1 1:52 1 1:58 12:00 12:16 12:22 12:30 1235 12:37 12:43 12:45 1:01 1:07 1:15 1:20 1:22 1:28 1:30 1:46 1:52 2:00 2:05 2:07 2:13 2:15 2:31 2:37 2AS 2:50 2:52 2:58 3:00 3:16 3:22 3:30 3:35 3:37 3:43 3:45 4:01 4:07 4:15 4:20 4:22 4:28 4:30 4:46 4:52 5:00 5:05 5:07 5:13 5:15 5:31 5:37 SAS 5:50 5:52 5:58 6:00 6:16 6:22 6:30 6:35 6:37 Route 3 Schedule: Saturday S6bado Inbound to DDTC I Hacia DDTC Outbound to Morse Transfer I Salida hacia Morse Transfer Morse McKinney McKinney Hickory DDTC Hickory McKinney at at at at at Transfer Duchess Audra Bradshaw (Ist Stop) Wood Mayhill 0 0 0 0 0 0 0 ID:770692 ID:770146 1D:770120 1D:770540 1D:770121 ID:770123 7:50 7:58 8:03 8:05 8:11 8:13 8:29 8:35 8:43 8:48 8:50 8:56 8:58 9:14 37 9:20 9:28 9:33 9:35 9:41 9:43 9:59 Qi 10:05 10:13 10:18 10:20 10:26 10:28 10:44 10:50 10:58 1 1:03 1 1:05 1 1:1 1 1 1:13 1 1:29 1 1:35 1 1:43 1 1:48 1 1:50 1 1:56 1 1:58 12:14 12:20 12:28 12:33 12:35 12:41 12:43 12:59 1:05 1:13 1:18 1:20 1:26 1:28 1:44 1:50 1:58 2:03 2:05 2:11 2:13 2:29 2:35 2:43 2:48 2:50 2:56 2:58 3:14 3:20 3:28 3:33 3:35 3:41 3:43 3:59 4:05 4:13 4:18 4:20 4:26 4:28 4:44 4:50 4:58 5:03 5:05 5:11 5:13 5:29 5:35 5:43 5:48 5:50 5:56 5:58 6:14 6:20 6:28 6:33 6:35 DCTA DENTON COUNTY TRANSPORTATION AUTHORITY RideDCTA.net 1 940.243.0077 0 !/` G 0 0 June 16,2023 Report No. 2023-043 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Current and Future Home Chemical Collection Initiatives BACKGROUND: The Home Chemical Collection (HCC) division of the Solid Waste and Recycling Department collects various household hazardous wastes from City of Denton residents. The HCC operates curbside collections as well as staffing a drop-off center and reuse store located at 1527 S. Mayhill Road. The goal of this division is to divert material from the landfill and aid in keeping our waterways free of contaminating chemicals. DISCUSSION: The HCC has instituted several changes in the last few months to enhance service offerings to the community. • Convenient Recycling Drop-Off: The recycling drop-off location at the landfill has been moved to the HCC area. This reduces the wait times that recycling customers were experiencing while in line with those dropping off brush or trash. In the busiest months, this change reduces wait time by up to 30 minutes. Locating the recycle containers at the HCC also allows staff to oversee customers recycling items further reducing contamination. • Expanded Hours: HCC drop-off hours have been updated to mirror those of the landfill, with new hours from 7 a.m. to 4 p.m. on Saturdays and 7 a.m. to noon on most holidays. These new extended hours went into effect on February 11, 2023, have resulted in the collection of over 10,000 lbs.,averaging over 580 lbs.per day,of chemicals and paints that may not have been collected otherwise. This includes the 17 Saturdays and Memorial Day holiday from February 11 to June 3. • Communication: The HCC is now grouped with the scale house and the dispatch group. This change allows for better communication and cross-training between those employees. This communication resulted in more customers being diverted to the HCC to dispose of metal items such as workout equipment, metal fencing, and barbeque grills. • Pallet Diversion: Pallets are used for shipping out chemicals and batteries from the HCC. Salvaging these pallets not only kept them out of the landfill but saves the HCC about $1,400 in pallet purchasing. • Book Diversion: The HCC has also been collecting a few other items in an effort to recycle or reuse them. In April of this year, HCC began accepting books for recycling. Books would normally be considered contamination in carts,but the vendor will accept books that have been bulked and packaged in gaylords. In just a few months,HCC received 5,577 lbs. of books to be recycled. • Bicycle Collection: The HCC also started collecting bicycles that were initially brought as trash or put into the metal bin. With 19 bicycles collected so far, staff are working on a plan to provide these to individuals in need and other potential opportunities for this diversion. 19 June 16,2023 Report No. 2023-043 The following additional plans will continue to expand the HCC's diversion abilities: • Plastic Film Diversion: A baling machine has been purchased to help combat plastic film, which is our number one contaminant in our programmatic recycling. Some examples of plastic film are garbage bags, shopping bags,plastic around water bottles, and plastic wrap used in packaging. Installation of this bailer will allow the HCC to accept drop-offs of plastic bags and film which can be baled and sold as a commodity. • Styrofoam Diversion: Staff submitted a grant application that, if successful, will provide reimbursement for the purchase of a Styrofoam densifier. This will allow for a new drop- off program at the HCC that will keep Styrofoam out of the landfill. The grant application has been approved for submission by Council but is awaiting NCTCOG approval of the application and grant issuance. • Aerosol Can Diversion Enhancement: The HCC has an aerosol can piercing machine allowing for drainage of aerosol spray paint cans,then recycling the metal from the aerosol can to reduce shipping cost on the paint extracted. The previous process shipped aerosol paint cans in complete form and were unable to recycle the scrap metal. Staff are finalizing a standard operating procedure,will seek final approval from Environmental Compliance, and can then begin utilizing this device. Along with these new enhancements, staff continue seeking more opportunities for diversion to the HCC. STAFF CONTACT: J.J. Tips Operations Manager—Weigh Station and HCC JJ.Tips@cityofdenton.com (940) 349-8042 REOUESTOR: Staff Initiated STAFF TIME TO COMPLETE REPORT: I hour PARTICIPATING DEPARTMENTS: Solid Waste and Recycling Department 20 June 16,2023 Report No. 2023-044 INFORMAL STAFF REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Rewrite of Chapter 24 — Solid Waste of the Code of Ordinances, including the addition of a Commercial Diversion Article. BACKGROUND: On July 19, 2022, the Denton City Council adopted the City of Denton's Comprehensive Solid Waste Management Strategy (CSWMS) to guide the City's future solid waste/materials management system and to develop infrastructure,programs,and policies necessary to manage the diversion of materials for ultimate disposal. Previous work session presentations on November 22, 2022, December 12, 2022, and March 27, 2023, to the Public Utilities Board (PUB) and the City Council gave support and direction for the development of a Solid Waste Ordinance (Chapter 24) update and amendment, to include the creation of a commercial diversion article. As part of the CSWMS, commercial diversion was identified as a significant opportunity to make progress toward our goal of 30% diversion by 2030, 40% diversion by 2040, and 75% diversion by 2075. Commercial diversion is the act of diverting any material that can be recycled or otherwise repurposed from the landfill by commercial businesses and multi-family entities. Including a commercial diversion article into Chapter 24 of the City of Denton Code of Ordinances will require all commercial customers of the City of Denton Solid Waste Services to implement a diversion program consisting of either or both programmatic and non-programmatic materials. Programmatic materials are materials that are accepted in the City of Denton's contract with our recycling partner which includes paper, cardboard, steel cans, aluminum cans, and plastic containers 1-7. Non-programmatic materials are all other materials that are able to be diverted from the landfill outside of the City of Denton's contract. Some examples of non-programmatic materials are used motor oil,textiles, large plastic items,plastic film, shredded paper, scrap metal, etc. DISCUSSION: The current commercial diversion rate is 3%, equating to commercial customers only recycled 2,448 tons last year. The current participation rate of commercial customers is 17% where only 483 commercial customers currently recycle with the City of Denon. These two metrics showcase a significant opportunity for improvement for commercial sector diversion and recycling. Under the proposed Commercial Division Article, commercial/multi-family customers will be required to submit an annual diversion plan, and along with third-party vendors and in house programs, submit a quarterly online report on weights of diversion. Commercial/multi-family customers can choose to recycle divertible materials through the City's curbside program,manage their divertible programmatic and/or non-programmatic materials through an independent third-party, or implement an in-house program. Additional Solid Waste Ordinance Updates In support of establishing a program that has enforceable provisions, the Solid Waste Ordinance will need to be updated and amended to better define and outline tools to promote the enforcement of Denton's sole provider of Solid Waste services, to provide more customized services to 21 June 16,2023 Report No. 2023-044 commercial/multi-family customers, compliance with Denton Development Code for container enclosures, rented container management, and management of contaminated material. The following updates have been included in the amended City of Denton Code of Ordinances Chapter 24. (Solid Waste Ordinance) • Updated and additional definitions (Section 24-2); • Inclusion of the Service Assistance (Porch Collection) Program and Valet Services (Section 24-43, 24-71); • Updated Third Party Permitting (Section 24-100 through 24-108, and 24-200 through 24- 207) and Yard Waste articles (Section 24-2, 24-10, 24-43, 24-44); • Updates that allow for enforcement of illegal containers (24-4, 24-7,24-69, 24-108), overflowing materials (24-68, 24-92), and contamination (24-2, 24-68, 24-92, 24-202, and; • The addition of the commercial diversion article (Chapter 24 Article IV). Public Enizaizement Public Engagement included two mailings to all commercial/multi-family customers with information about the commercial diversion article with a public meeting and an option for online public comment. The first letter was mailed in February to inform customers of the public meeting and the initial commercial diversion article details. The second letter was mailed on May 26,2023, to remind commercial customers of the commercial diversion article and new dates for Council discussion and approval. A public meeting was held on February 16,2023, attended by 12 business owners. Feedback from the meeting entailed concerns with legal non-conforming/grandfathered properties and/or unique layouts with limited space for multiple containers. Attendees were assured that Solid Waste would handle unique situations and layouts individually and help create a plan/solution that fit their business. Attendees at the public meeting and in the public comments wanted clarification on which materials would be acceptable in a diversion plan.Any material whether it be programmatic or non-programmatic is acceptable in any diversion plan. Online public comment was made available starting February 3, 2023, and will be available through July 17, 2023, on the Solid Waste webpage. A Discuss Denton page, www.discussdenton.com/cda,will be active from May 26,2023,through July 17,2023,to provide additional feedback opportunity. Initial redline and clean versions of the proposed revisions to the Solid Waste Ordinance (Chapter 24) were posted online on the Solid Waste webpage from February 28, 2023 through April 23, 2023. A second version was posted from April 24 through June 27 with minor grammatical and language updates. Implementation Implementation of the Commercial Diversion Article will have 5 phases in which the City's 2,803 commercial trash customers will be divided into groups for implementation across a 5-month period. Each group will be sent a letter informing them of the new ordinance and requirements along with a 6-month time frame to submit and implement a diversion plan. Commercial/multi- family customers who are already City of Denton recycling customers will receive a letter stating the new ordinance and informing the customer there is no action needed from them unless they choose to change contractors or increase their diversion opportunities. Customers will receive a 22 June 16,2023 Report No. 2023-044 confirmation letter that their diversion plan has been received and reminded of the ordinance and timeline. Solid Waste team will be reaching out directly to any customers who do not submit a diversion plan by their phase/group timeline for additional outreach, education, and assistance. ATTACHMENTS: 1. Redlined Chapter 24 2. Clean Version of Chapter 24 (rewrite) 3. Council Work Session 22-1677 presentation 4. PUB Work Session 23-038 presentation STAFF CONTACT: Tammy Clausing Assistant Director of Solid Waste & Recycling tammy.clausing@cityofdenton.com (940) 349-8056 REQUESTOR: Staff Initiated STAFF TIME TO COMPLETE REPORT: 6 hours PARTICIPATING DEPARTMENTS: Solid Waste & Recycling 23 Subpart A-CODE OF ORDINANCES Chapter 24 SOLID WASTE Chapter 24 SOLID WASTE' ARTICLE 1. IN GENERAL Sec. 24-1. Purpose. Sec. 24-2. Definitions. The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Appliance a device or pieces of equipment designed to perform a task,typically a domestic one such as an oven, refrigerator,etc. Brush shrubs,tree limbs, and branches. Bulky items any non-putrescible household item that will not fit inside a solid waste container when the lid on the solid waste container is closed. Only items consistent with residential use,such as household furniture and appliances.shall be considered bulky items.This term includes material that is part of routine household maintenance but does not include construction, demolition, or remodeling materials or debris(see Construction and demolition debris definition). means any household item that will not fit inside a solid waste container when the lid On the s0lid wast-- contamneF is closed. Only items consistent with residential use,such as household fUFnitUFe and appliances shall be bulky items. The City the City of Denton. Commercial meaRs any structure or building other than residential, including business structures, hotels, motels, rooming-houses or boardinghouses and structures containing five 5 €eur(4)or more dwelling units. 'Editor's note(s)-Ord. No. 2005-256, § 1,adopted September 20, 2005, amended chapter 24 in its entirety to read as herein set out. Former chapter 24, §§24-1-24-13, 24-41, 24-42, 24-66-24-71, 24-72-24-74, pertained to similar provisions,and derived from §§ 12-1, 12-2, 12-4-12-6, 12-8, 12-9(b), (c), 12-10, 12-12, 12-14(a)- (d), 12-15, 12-16(b), (c), 12-17(c), 12-17(e), (f), 12-18-(a), (b), 12-19-12-23 of the 1966 Code;Ord. No. 89- 032, § I,2-21-89;Ord. No.90-003, § I, 1-2-90; Ord. No 91-066, § I, III,V-VIII,4-30-91; Ord. No 98-299, § I- IV,9-15-98; Ord. No 00-042, § 1,2,2-1-00;Ord. No 00-045, §§ 1, 3, 2-1-99. Cross reference(s)-Disposal of manure, §6-15; housing generally,Ch. 15;junk dealers and dealers in secondhand merchandise, § 16-26 et seq.; automotive wrecking and salvage yards, § 16-126 et seq.;grass and weeds creating nuisances, §20-71 et seq.; littering generally, §21-5; construction and building debris on streets, § 25-8; refuse and garbage handling in mobile home or recreational vehicle parks, §32-90; insect and rodent control in mobile home and recreational vehicle parks, §32-91. Denton,Texas,Code of Ordinances Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 1 of 27 24 ...... Rneans a persen whA- A—r firm that engages in and se—lie-its the trimming,and/or Construction and Demolition Debris or C&D waste resulting from construction or demolition projects, regardless of the point of origin.This term includes all materials that are directly or indirectly by-products of construction work, including remodeling,or that result from the demolition of any structures and may include, but are not limited to, paper,cartons,gypsum board,wood,excelsior, rubber, and plastics. Container anV receptacle designed for the specific purpose to hold solid waste or recyclable materials,which can be lifted or emptied manually or by use of a special vehicle. Contamination non-program materials in any container set for recycling or diversion from ultimate disposal. Decals an adhesive permit issued by the CitV and to be affixed to a vehicle for use in special waste and recyclable materials collection and transportation services. Director The City of Denton's Solid Waste Director who is the City official responsible for managing the permitting and regulation of all waste and recycling services provided within the CitV.This definition includes the director's authorized designee(s). Excess accumulations any accumulation of MSW or recvclables or divertible material outside of the container.This does not include residential yard waste, bulky items,or other waste specifically identified for unique placement outside a traditional residential garbage or recycling container. Hazardous waste as defined in the federal Solid Waste Disposal Act 42 U.S.C.6901. means any commercial or residential garbage,tFash, rubbish OF other solid waste identified or listed as a- hazardous waste by the administrator of the U.S. Environmental Protection Agency(EPA) pursuant to the federal Solid Waste Disposal Act 42 U.S.C.6901 et seq.,as amended, transmkting disease to persons exposed to the waste, including hurnan and animal tissue, bandages and E)theF mater*a! used mn health care wNch become contam*nated by pathogenic mateFials. Municipal Solid Waste(MSW)solid waste resulting from or incidental to residential, municipal, commercial, institutional, and recreational activities, including garbage, rubbish,ashes,street cleanings,construction and demolition materials, not separated at the point of collection for delivery to another location for processing for reuse,and all other solid waste other than special wastes and recyclable materials. <<^'.- ^-+^ Fesuit;^^fr..m^r , 9theF thaR special wastes. Owner any person or entity shown as the property owner on the latest propertV tax assessment rolls or any person having any legal or equitable interest in the property, including any agent who is responsible for managing, leasing,or operating the propertV including any tenant or occupant. Pay bap a bag sold by the City or its designee to customers for additional material to be collected outside of their normal carted collection.A pre-paid additional waste solution. Private containers are containers used, or intended for use, in disposal or collection of MSW or recyclable materials and that are not issued by the CitV or permitted consistent with Section 24-72.—Annual permit required for special waste and recvclables haulers and include, but are not limited to, roll-off containers and self-contained compactors. Putrescible waste waste that is capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors,gases,or other offensive conditions,and include materials such as food wastes,offal,and dead animals. Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 2 of 27 25 Program materials recyclable materials as defined in this Chapter. Recyclable materials materials defined by the contract between the City of Denton and any contracted recycling processor that are not special waste and have been separated from other waste at the point of collection for delivery to another location for processing and reuse.These materials include paper,cardboard, plastics containers displaying a resin identification number(RIN)of 1 through 7, steel and aluminum cans,and glass bottles. Residential Fneanssa structure, house or building occupied as a dwelling only,and which contains no more than four 4 thFee(3) dwelling units. Residential garbage consists of all normal household waste that fits in the garbage containers issued to said customer. consists of all ne—rrnal he----,.;P.h.Ald waste, except plant clippings, leaves,tree trimmings, ashes, metal scraps ether than cans, large accumulations of boxes, demelitien and remodeling debris and other material that cannet be hrel(en ,-I.,wn to fit in regular garbage Mainers Solid waste consistent with 30 TAC 330.3,garbage, rubbish, refuse, sludge from a wastewater treatment plant,water supply treatment plant,or air pollution control facility,and other discarded material, including solid, liquid,semi-solid,or contained gaseous material resulting from industrial, municipal, commercial, mining,and agricultural operations and from community and institutional activities. Special waste as defined in 30 TAC 330.3. rneans any commercial or residential garbage,trash, rubbish, hazardous waste, infectious waste, or other solid waste that because of its quantity,concentration, physical or chemical characteFiAiCS or biological properties s not collectable by the city's solid waste department. Utility Rate Ordinance the ordinance adopted annually by the City Council that establishes the utility rate schedule. Unsafe materials Any material or matter deemed by the Texas Commission of Environmental Quality(TCEQ), the Environmental Protection Agency(EPA),the State Department of Health,or any other federal,state,or local governmental agency to be unsuitable or detrimental to the environment or human health when disposed of in the type of sanitary landfill operated by the City. Unauthorized container a container used or intended for use in the disposal or collection of MSW or recyclable materials that is not issued by the City of Denton Solid Waste Department or one that has not been permitted for use within the City limits. Of gaFbage,tFaSh,and E)theF FAURiGipal SE)I*d waste PeFmitted- und-eff this ehapteF,and yaFd waste that exe-eeds a pile thFee(3)feet iR height,thFee(3)feet in vVid-th @nd- to-a maxi.mHUM of fA----r foot leRgths,and heavy, bulky r..i-., I!at*OR of refuse r-A-,;*d-e of the . ntainpr Valet Service special,specific,collection service provided to areas with limited space for standard dumpster collection service as identified by the Director. Vehicle any wheeled device designed mainly for the conveyance or transportation of persons or property. This definition includes cars,trucks,tractors,and trailers. Vehicle service fee the fee associated with permitting each vehicle for use in the collection and transportation of special waste or recyclable materials. Vehicle service permit the permit required by the City for vehicles for use in special waste and recyclable materials collection and transportation services. Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 3 of 27 26 Waste manifest a document wherein the service provider must record collection points and the location of disposal of special waste, recyclable materials,and other waste as required by state and federal law and as defined by the City from time to time, such as a bill of lading. Yard waste vegetative or organic material produced from the care and maintenance of landscaped areas, gardens,and lawns.This includes weeds, leaves,grass clippings,dead flowers and plants, brush, pruned branches and stems, roots,or wood shavings that can be bagged in brown paper(kraft) bags or in a City designated yard waste container. (Ord. No. 2005-256,§ 1,9-20-05) Cross reference(s)—Definitions and rules of construction generally, § 1-2. Sec. 24-3. The City to-is the exclusive provider for municipal solid waste services. The ECity's solid waste department shall be the exclusive provider of municipal solid waste collection and disposal services for all premises within the cCity. and 'it shall be unlavifi--"^r Aany other person or entity is prohibited from#e-providinge municipal solid waste collection or disposal services to any person or entity for compensation or other benefit within the city,or to make use of the public streets for that purpose,except as expressly provided for in this chapter. No prior notice of violation shall be required for violation of this section. (Ord. No. 2005-256,§ 1,9-20-05) Sec. 24.4. —Administration and enforcement. (a) All officials duly authorized, including but not limited to peace officers of the State, and those authorized by statute to issue citations, notice of violations,or summons for Class C criminal misdemeanors, may assist the City in enforcement of this chapter. (b) Additionally,the Director,at his discretion, may designate trained personnel to issue notices of violation and to make accompanying affidavits to support prosecution as part of the City's ongoing efforts to regulate and manage wastes for the benefit of the public health,safety and welfare, in coordination with the office of the City Attorney,the municipal courts,the police department,the Texas Commission on Environmental Quality and any agencies with jurisdictional interest in solid waste regulation and management. (c) A violation of this chapter is a Class C misdemeanor. (d) Notification of violation (NOV).When the Director finds that an owner or service provider has violated, or continues to violate, any provision of this chapter,the Director may issue a written notice of violation. 1. The NOV may establish a specified number of days to respond or comply with the violations stated in the NOV. 2. Issuance of a NOV is not required prior to any legal enforcement action taken against a property, owner,or service provider. 3. Nothing in this section shall limit the authority of the Director to take action to abate a violation that poses an immediate threat to public health and safety, without first issuing a notice of violation. 4. A NOV issued under this article shall be in writing and served in person or sent out through regular mail to the address on the owner or service provider. Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 4 of 27 27 (e) Administrative Orders.When the Director finds that an owner or service provider has violated,or continues to violate, any provision of this chapter the Director may issue an Administrative Order to an owner or service provider requiring compliance within a specified time. 1. If the owner or service provider does not comply within the time provided in the Order, solid waste and recycling services may be terminated. 2. Compliance orders may include requirements imposed by other ordinances, and state or federal law,to address noncompliance, including compliance with elements of the Denton Development Code as it applies to Solid Waste. 3. A compliance order does not extend the deadline for compliance established in a NOV, nor does a compliance order relieve the owner or service provider of liability for any violation, including any continuing violation. 4. Issuance of a compliance order shall not be a bar against,or a prerequisite for,taking any other action against the owner or service provider. 5. Any Order issued under this article shall be in writing and served in person or by registered or certified mail on the owner, service provider, record user or users of the solid waste service,or other persons determined to be responsible for such violation. (f) Upon issuance of an Administrative Order to any person,the owner or service provider must: 1. Immediately comply with all requirements; and 2. Take such appropriate remedial or preventive action, including halting operations, as may be needed to properly address a violation or to prevent future violations (g) Appeals.Any person may appeal an order of the Director by filing a written notice of appeal with the City Manager or designee on forms provided by the solid waste administration office.Such notice of appeal shall be filed within fifteen (15)days of service of the order. The remedies provided for in this article are not exclusive.The Director may take any,all,or any combination of the actions described in this ordinance,or as provided for in other law, against a noncompliant owner or service provider. Can 24-4 ChaF wee, fan use of Gity landfill ...... (ept en file with the city seGFetary and te be available feF pUbliG inspeetien dUF*Ag (Ord. Pie. 2005 256T1,° Sec. 24.5. —Landfill Use Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 5 of 27 28 The amounts to be paid for the use of the City's landfill site shall be the amounts established in the Utility Rate Ordinance or a City Council approved contract. All persons using the landfill will abide by the posted landfill rules,follow any directions given by landfill staff, and conduct themselves in a safe and professional manner. (1) Rules shall be posted at the landfill as follows: "City of Denton Landfill Facility Rules All vehicles that enter the City of Denton landfill must obey the following rules and procedures. These rules are in place to provide a safe and efficient environment for our employees and our customers. 1. All individuals enter the landfill at their own risk. 2. Scavenging material is strictly prohibited. 3. No Smoking on Landfill property. 4. Customers must present a valid,government-issued ID at the weigh station. 5. The minimum charge applies to each individual load of chargeable waste material crossing the scales. 6. All loads entering landfill property, consistent with State and local laws, must be secured with a tarpaulin (tarp), net, or other means to properly secure the load and prevent litter. Unsecured or improperly secured loads will be subject to a surcharge. 7. All coverings shall remain in place and secure, including turnbuckles on commercial vehicles, until the vehicle has arrived at the unloading area. (coverings may be requested to be removed at another area for inspection). 8. Posted speed limits must be followed at all times.The Maximum Landfill Speed Limit is 15 MPH. 9. The unloading of unauthorized wastes is prohibited. Incoming loads may be inspected on a random basis. Landfill staff will determine if prohibited items or materials are present. Landfill personnel shall have the authority to reiect unauthorized loads and have unauthorized material removed by the transporter or assess appropriate surcharges. 10 Vehicles entering the landfill weighing over 14,000 lbs. must have tow hooks, cables, or an accessible fixed point available to pull the vehicle if needed. 11. All pets must remain inside the vehicle at all times. 12. Children under the age of 16 must remain inside the vehicle at all times. 13. Yield the right-of-way to all landfill equipment. 14. Users of the landfill are required to follow all directions given by landfill staff. 14. Customers must always stay within ten (10)feet of their vehicle while in the unloading zone. 15. Drivers must unload at the location identified by working face personnel and follow the posted separation distances between trucks when backing into their spot. 16. There will be no horseplay,fighting,or verbal attacks or abuse allowed at the City of Denton Landfill. Report any issues to the site management." The Director reserves the right to refuse service or revoke landfill use privileges for any person that endangers other customers or employees, engages in physical or verbal abuse, or knowingly disposes of materials in the incorrect disposal area. Sec. 24-6-5. Disposal of garbage,trash or rubbish only in authorized locations. (a) it`hall be unlawful fer aRy peFSOR*^ diSpOse of^Garbage,trash or rubbish 4,,-�must placed in they, other than as p feyo,�^4 F this chapter or as otherwise expressly authorized by the c-City. No peFSOR shall place any solid waste, bulky items OF any atheF mateFial in, 9R er next to the sE)I'd waste centawne - another, unless autherized to da so by the peFSen or persons who pay the charge for the SE)'wd w ,ii tw Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 6 of 27 29 (b) No person shall place Aany solid waste, bulky items,or any other material in,on,or next to the solid waste container of another, unless authorized to do so by the person or persons who pay the charge for the solid waste collection service.gpfrbbaagg-e--�r other solid or liquid Friatter, residential, industrial or commercial,that possesses characteristics deemed by the Texas Commission of Envirenrnental Quality(TCEQ), or the Envaronmental Protection Agency,or the State Department of Health, OF any other federal,state or loca4 disposed ef in the type of sanitary landfill operated by the eity is hereby picp-hwbetp-d—sueh Material or rna shall be disposed A-f On the Frianner preseFibed by the ageney having jUFiSGliG-#*A-.R and- at the expense ef th-e party or parties generating sLlc-.h material or matter. In no ease shall Material or matter be plaeed eellectien by the eity nor shall it-hp d.plffi�vprpd to or disposed of at the eity's sanitary land (Ord. No. 2005-256, § 1,9-20-05) State law reference(s)—Water quality standards,V.T.C.A.,Water Code§26.124. Sec. 24-67 Containers for municipal solid waste and recyclable materials. LaL4 —Every owner, manager,agent, eeewpant,tenant, r lessee f any building house,eF..+.- IGtIci .tiro the GeFp9Fate limits f the eity shall provide and rnaintaffin s ka-bl^shall obtain containers of ^^ Tof sufficient size and number to hold the municipal solid waste and recyclable materials which accumulates on the premises.. commercial accounts may retain non-City recycling oridiversion services Provided they conform to the other provisions of this chapter.The City may require certain levels of service to be provided based upon historical documentation from similar developments or on actual volumes of MSW and recyclables.Any property in the City that has any active residential utility service,or commercial utility service and issued a certificate of occupancy must also have solid waste service,as well. (b) Customers are responsible for maintaining the cleanliness of their issued containers. (c) All commercial containers and enclosures shall comply with the Denton Development Code section 7.12, as amended. All solid waste must be placed solid waste 'in,on or near a solid waste container in a manner that does not allows the lid of the solid waste or recycling container to be and remain completely closed with all the solid wastematerial contained completely within the container. (e) The contents of municipal solid waste receptacles shall be secured in a manner to prevent trash or any other material from escaping the receptacle, including by being blown or spilled due to exposure from weather elements or animals. (f) The contents of the recyclable materials container shall be secured in a manner to prevent recyclables or any other material from escaping the receptacle, including by being blown or spilled due to exposure from weather elements or animals. (g) Recyclable materials shall be placed directly in the recyclable materials container without bagging the materials when a City of Denton container is used. (h) Only program materials shall be placed in the recyclable material container when a City of Denton container is used. Ia}(i) The City may refuse to collect a container set out for collection that the City determines does not comply with this section. Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 7 of 27 30 it shall be a defense to prosecution under this section if the selid waste placed next to the container as a bulky itern as defaned an section 24 2,and if the bulky itern as placed next to the container less than forty eight(48) hours before the collectmen.The defense does not apply if the person placing the bulky item in,on or near the solid waste seatter trash Ar r-hNsh ever the pFemises er ever the rtrpets eF alleys er etheF pFepeFty within the eity. (C)r d-No. 2995256T1, Sec 24.7 Weight limitations of centainerc be fifty(50) pounds eF less (Ord. Ne. 2005 256T1, A'!solid waste and recycling storage containeFs, not meeting the requirements of this chapteF shall be removed and disposed of by the city and the city shall not be liable fOF the Femoval and disposal of the same. d N(Or o 20 05) �,�-r.��A(3S 2Sb��.�� Sec. 24-8-9. Prohibited materials and regulations. 04 (a) Unsafe material is prohibited in the City landfill. (b) Unsafe material shall be disposed of in the manner provided for by law or agency regulation. (c) The owner and the party or parties generating unsafe material are responsible, including for the costs,for the collection,transportation,and disposal of the unsafe material. (d) Unsafe material may not be placed for collection by the City. (e) Unsafe material shall not be delivered to or disposed of at the City of Denton's landfill. (f) No person shall deposit into any container serviced by the solid waste and recycling department any special waste.The solid waste and recycling department shall refuse to collect,transport or dispose of special or hazardous waste or any other garbage, rubbish,trash,or other solid waste that does not comply with this chapter. (g) Only program materials shall be deposited in containers at City recycling drop sites. (h) Special waste shall be collected, removed,and disposed of only by an authorized private hauler. (i) Municipal Solid Waste(MSW)containing putrescibles shall be collected,at^ !RIM UM^f, ^^�^ wee y-yeast once per week. (I) Any person collecting,transporting,or disposing of special or hazardous waste must obtain a permit issued pursuant to Article V of this chapter prior to such collection,transport,or disposal. The directoF of so-lid- mi-aste shall I(eep a list of speeffial waste that Or-, not acceptable fE)F eAllectieR and- disposal by the Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 8 of 27 31 garbage,and dispesal by the selid waste depaFtment ef any municipal selid waste,er ether relid� special preparation or handling te Fneet the requirements ef any state or federal law er regulation or which are otherwase necessary tO safely and properly collect,tran5pert,and provide fOF diSP05al.The last of speci* waste and the rules shall be written and kept on file by the directer of selid waste and be available for ptdak in5pectien during regular business houF5. (b) Pie persen shall depesit in any eentaineF seFV*eed by the selid waste depaFtment any special waste The selid gaFbage, F611919iSh,tFash, er ethe.r Selid that d-e-e-S met eemply with thus ehapteF 9F the Fegulatiens made (c) Each preperty owner shall be respen5able for arFanging collections vioth an ;;-itherized private ha-der fAr thp collectien, removal, and diSPE)5al of any special waste er ether trash, rubbish,hich the city'solid. rite department wall not collect., (0rd. No. 2005i56,12 05) Sec. 24-949. Municipal solid waste to be drained. All municipal solid waste mixed with water or other liquids shall be drained before being placed in the receptacle. {a4(b) The resultant liquids shall be disposed of in an acceptable manner. (Q ^'�0-2005 256T1, 9 Sec. 24-10-1. Preparation of yard waste,tree limbs and cuttings. (a) 4o —Tree limbs,shrubs and hedge cuttings shall_ not exceed four(4)feet in length fZL^ �Be stacked neatly (3) Be placed so thatwit#one(1) cut end faces toward the street at the curb line.. (4) 'fir shFubs, and hedge eutting- rhalll cellse be placed in a manner that will not block or otherwise impede the sidewalk. (b) -No eFsin�le piece shall weigh more than fifty(50) pounds. (c) Yard waste consisting of small pieces,small cuttings and small loose material she placed for collection shall be placed in approved kraft bags or City-issued container(s)- (d) The City may refuse to collect brush or yard waste not placed for collection as provided in this section. (ay(e)Charges for the collection of brush and yard waste shall be provided in the published Utility Rate Ordinance. (b) The diFeeter ef selid waste shall pFevide f9F FegulaF eelleetiens ef YaFd waste whieh has been PFepar Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 9 of 27 32 comm remal tree trimmer shall be dasposed of at the expense of the owner or person controlling the same er upon payment of the actual C05t Of SUGh removal plus an administrative and everhead charge. (Ord. No. 9_20_05) 1m ��Q�-z 2���� Sec. 24-11-2. Heavy or rexcess accumulations. Bulk or large quantities of MSW or construction and demolition debris in excess of four(4)cubic yards will not be collected via weekly curbside collection. Individuals needing collection of MSW or construction and demolition debris may contract with the City of Denton to provide a temporary container to dispose of the materials in an alternate manner, haul the material to the landfill themselves, or if the material is recyclable or divertable, contract with a third party vendor to haul the material to a recycle or re-use center.- , .destF etienshall be dir,p..r,ed of at the expense of the.. drying machines,wateF heaters,sofas,chairs,tables, mattresses and bex springs,shall be dispesed of a expense of the E)wneF OF persen contffflling same OF, upon request and payment of a fee tO FeceveF the of providing these additional services, including adminiStFative and E)veFhead costs. �rd.-No. 20OS-2 Sb,§ 1�05) � Ses. ten_,z_TM.,f+ ..f S.PFMiee .,MiMk.,d. wasteNo person shail knowingly place any solid waste, bulky items, er any other material in,en,or next to the Rt-,oReF of otheF p nt4y in the rot.,of D nt n Texas-. (Q d. .No. 2005 256, § 1,9 20 05) Secs. 244412-24-40. Reserved. ARTICLE 11. RESIDENTIAL COLLECTION SERVICE Sec. 24-41. Residential solid waste services required. (a) Any E)wneF, 066UPaRt,tPmant OF Of aRY FesideRtial pFemises*R the city shall have their Municipal s0lid (p) The=haFs==fer sa=h serviEe shall be �nd ailed en a regularly sehedaled bill. (Qr�'�e. 2005 256T1,9 20 05) Any owner of any residential premises in the City is required to sign up for and maintain bundled solid waste and recycling service from the City of Denton and must have their municipal solid waste regularly removed by the City. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 10 of 27 33 If any utility service is active at a premises,then solid waste service must also be active regardless of occupancy status. Sec. 24-42. Charges for residential service. (a) As used iR this sectien,thp tprm farndy unit" shall mean each side ef a d,iplex, each livin unit per establ4shed and as from tirne to time amended by ordinance as adopted by the Gity Council;the Ordinance and amendments thereto to be I(ept en file with the city secretary and to be available fer public inspecti during regular business hours. (e) Multiple dwelling units having either water or electricity billed through a single Fneter will be billed a single I...'aste c_-.haFge aleng with the single water Ar eleetrie.charge, FegaFdless ef the or=661paney ef .kiple dwelling if as a 6 se-Irvice.Any multiple dwelling unit vdhieh requiFes MeFe th-an the Minim-Um service described in this chapteF is subject to having the chaFges increased by the diFecter of selid waste based upon the additional required seNice. (e) Mobility or visually impaiFed custome. a y ,eceive specia collection services.Containers may be placed in shall FequiFe appFeval by the direeter of selid_ �.AV@Ste A-F designee.The Fn9Rthly Fate feF these speeial (f) All Fesidentialdwelling units shall their via-tefie-F Eellestien. The charge for collecting municipal solid waste from each residential dwelling unit shall be provided in the Utility Rate Ordinance,as amended. Sec. 24-43. Residential collection service. (a) ( All single family residents within the city shall .,Iaee their residential Fefuse-and Feeyela containers must be placed at the curbside at a time and in a manner specified by the Director.-„specified by the general manager of solid wastesewices r designee L�L�" Residential refuse garbage,arid-recyclables materials, pay bags, bulk items, brush,or yard waste shall may not be placed at the curb ne earlier than 6:00 p.m. on the day prior to the scheduled collection day. Containers must be placed ate eufbfor collection prior tom 7:00 a.m.on thre-scheduled day e#collection day. (c) Custerners whose refuse or recyclables were not collected because:they weFe not placed at the proper locatien,they contained unacceptable materials,OF they were not placed out for collection by the Fequired time,shall not be collected until the next regularly scheduled collection Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 11 of 27 34 (d) Containers shall be placed in the street with the wheels resting against the curb,or edge of the street, with the lid opening towards the street and the lid hinge facing away from the street. (f) Containers shall be placed a minimum of four(4)feet away from any mailbox,vehicle,container,or another obstacle. (g) Bulk items, kraft bags, pay bags, brush,or yard waste must also be placed at least four(4)feet away from any mailbox,vehicle, container,or another obstacle. (h) Only garbage,yard waste,or recyclable materials container(s)authorized by the City will be serviced by the City. No other containers, boxes,or bags placed at the collection site will be collected except as defined by the City. (i) All garbage,yard waste,and recyclable materials containers shall securely contain,with lids closed,all contents and must be capable of being collected without spillage. Residential garbage and recyclable materials determined by the City to not be properly contained shall not be collected. (D Customers whose garbage or recyclables were not collected due to failure to comply with this chapter shall not be collected until the next regularly scheduled collection service. (k) Solid waste and recycling storage containers and any unaccepted waste or recycla bi es,Garbage,yard waste,or recyclable materials storage containers and residential garbage,yard waste, recyclables,or any other unaccepted materials not collected shall be removed from the curb or etheF designated collection point by the customer no later than 8:00 a.m.on the day following the scheduled collection day. 04LLUpon removal from the curb, unaccepted materials,garbage, recycle,and yard waste containers shall be stored in as inconspicuous a location as possible,such as: (1) In a garage; (2) In an outdoor storage building; (3) On the side of a structure on the property;or (4) At the back of a structure on the property. At no point shall a sel garbage, recycling,or yard waste storage container or unaccepted waste or recyclables be stored in public view or remain in public view in the front yard,on the front porch,or in front of the main structure on the property,e)(Eeptasunless otherwise approved by the Director. follows: (m) Customers may submit an application for special collection services,Service Assistance Program,to have their container(s)serviced at the point of container storage if the customer is unable to place the container at the collection point as required by this section. (n) The monthly rate for special"^"^"fie 5efv -e the Service Assistance Program is the same rate charged to residential customers with similar-sized containers. (o) An application for speema'^^"^^ten s^.rvieesthe Service Assistance Program must be signed by a healthcare provider. (p) Households that receive speemal seFv*eethe Service Assistance Program cannot contain a member that is Physically able to place the containers at the collection point. (q) Applications for Re6al-�the Service Assistance Program shall be subject to renewal every two(2) years from the date of special service initiation. (r) The Director may make reasonable exceptions to the foregoing location requirements,as needed, upon request of the customer,to accommodate unique circumstances. () A townhorne with five(5)OF mere units per building. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 12 of 27 35 (e) All solid waste and Feeyeling steFage eentaffine—rs Shall seGWFely eentain all eentents,and shall be capable ef being handled without spillage. Refuse and recyclables determined by the city to not be preperly contained (f) The general manageF Of 50lid waste services or designee may make reasonable e)(Eeptions to the foregoing 1E)Eatien requirements, as needed, upon request ef the custemer,to aCEOrnmedate unique circumstances. d. No. 2005 256,1 0 20 05.Ord Ne. 2007 193 § 14 a 14 m.Ord No. 2009 08 § 2 4_7_091 (a) Carts shall be placed at er near the curb line,a Fninarn-Urn ef fn----r(4)feet frem any mailbe)E,vehicle, obstacle, A—r A-thp—r r--A-.nta.ner.The cart shall be placed in the Street viith its wheels against the curb.The directer of se-lid- waste er designee may make reasonable exceptieRS tO the feregeing location requirements,as needed, upon request of the customer,to meet unique CiFCUmstances. (Q d. Ne. 2005 256T1,9 2005) Sec. 24-44.—Weight limitations of residential containers. The contents of any residential garbage,yard waste,or recycle container shall not exceed 2S0 pounds. Secs. 24-45-24-65. Reserved. ARTICLE It/. COMMERCIAL COLLECTION SERVICE Sec. 24-66. Commercial solid waste services required. (a) Every owner, occupant,+ RaRt GIF I -sr f aRy business, any commercial, iRdUStFial, property,OF other propeft••not eligible to receive residential solid waste collection services shall aFFaRge, by,.,...+.-.,,.t with the +., f,,..-,,,..m ,- ;,Iset up service for solid waste and recycling collection ^d disposal s s from the CsityL3 solid waste dep -tmeRt, except as otherwise speeifi A-expressly provided for in this chapter. (b) Solid waste must be scheduled for collection a minimum of once weekly. (c) Recyclables must be scheduled for collection a minimum of once every two weeks provided container volume is appropriate to support this level of service (�(d) Other commercial waste collection and disposal services not provided for in this chapter shall be Provided only upon approval of the services by the Director. (QFd. No. 2005-256,1,9 20 05) Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 13 of 27 36 Sec. 24-67. Charges for commercial, *RGIUSUial, ^r OR-slit tee service. (a) The charge for , AW Mstwt,AmAM-al purpeses shall be based YpOR the size,type and Rurnbe.r ef centaine.rs in use at such estabhShmeRts and the frequency with which ;,-ch rAntROnprr ;;rp ;chpdi-lpd tA hp spn4ped bycity collection peFse ^^' Sweh ^",F^^commercial service shall be in an amount established ,^d' frem time to time amended by epd-ir-,^^^^ —adepted by the Utility Rate Ordinance.eity ^''•the erdlinanee and amendments thprp-tA-tA- be kept an file with the effity seGFetaFy and te be available f9F public;inspeetien AiFing FegulaF h p.errh. (b) The service charge for other commercial waste disposal and collection and disposal services shallaet be in the amounts established in the Utility Rate Ordinance. otherwise previded fer^ ^t to t"1<<^1-*i^^ may be provided upon approval of the directer of solid waste at a cost not to exceed the actual cest plus adMiRistrative and overhead CE)St5. (a) The director of selid waste may locate and place CORtainers for use by COmmercial, iRdUstFial, a iRstitutional facilities in aCCE)FdaRce with the waste storage needs of the individual facility.All facilities for- shall net plaee waste in aRy GE)RtaineFs exeept these deSigRated by the direeter ef Selid-;.vaste. R Shall -he (b) WheFe Mere than ene (1) eemmeFG-ial P-Stablishme-At uses;the Same eentaiRer,the ehaFges shall be pFeFated according to use, but iR no case shall be less than an amount established by the city council and on file iR the office of the city secretary. (Q d. No.2005-256,1,9 20 05) Sec. 24-68.—General solid waste and recycling service responsibilities. (a) All persons utilizing City containers at commercial facilities shall provide,at their expense, an enclosure of adequate size and materials as specified in the Denton Development Code section 7.12, as amended. (b) Any other items stored within solid waste or recycling enclosures must not obstruct, impair or otherwise interfere with the City's ability to service City-provided containers therein. (c) If a container is unable to be serviced due to being contaminated,overfilled, blocked, or otherwise obstructed,an inaccessible fee may be assessed consistent with the published Utility Rate Ordinance. (d) The customer is required to remove any and all contamination,overflowing material,or obstructing items and call to request return service,at a rate established by the Utility ate Ordinance,or wait until their next scheduled service to be emptied. If this is a municipal solid waste container the follow-up collection must occur within one(1)week. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 14 of 27 37 (a) No person shall collect or remove for cernpensatien from any property within the city any special wa4i.Ar recyclables without first ebtaining a special vd-a-ste permit frern the city. (b) The persen applying fer a special waste hauler's permit shall make application to the city on forms previded for that PUFpose,and pay the required fee.The application shall require the fellowing (1) T# name and business address Athe ate^' Ears spee h...,..Ivczvricctea- (3) A-dess,-�{^ ef the special aste and rrecycl tiles to b collected. (4) The lecatien�.Adhp.rp the special waste and recyclables will be disposed, including proof,when req-0red by the directer eef seellial vmasstpe,that the applicant is legally autherized to dispose at the specified lecat+en. (6) Any ether imfA_.rn;atie.n v0hrch i-s reasenably neeessaryte administer this sest+e;r (e) The directe-F ef Selid- m.g-m-Ae Shall i-s-sue the special waste and Feeyelables hawleF's permit te the appleeant if: (1) Proper application has been made and the paid (2) The applicant will only be collecting special waste or recyclables as defined in this chapteF. (cr) The spesfa,vdaste and-resjFela,bres -laurer s pern,� s "eyeaT (Q^'Ne200Si56T1,9 20 05) Sec. 24-69.—Containers furnished by the City for commercial use. (a) The Director may locate and place solid waste containers for use by commercial facilities in accordance with the waste storage needs of the individual facility.All facilities for which containers are so provided by the City shall place all garbage and waste materials in such container(s) and shall not place waste in any containers except those designated by the Director. It shall be unlawful for any person using such containers to leave the lid open after placing refuse material therein. (b) Where more than one(1)commercial establishment uses the same container,the charges shall be prorated according to use, but in no case shall the total be less than an amount established by the City Council and on file in the office of the City Secretary. (c) Only City issued containers will be serviced unless otherwise provided for in this chapter. Sec 24-70. —Compactor service. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 15 of 27 38 (a) Customers may provide their own compactor provided it meets the criteria set forth in the Denton Development Code and is compatible with the City's collection vehicles. (b) Customers requesting any new compactor service shall first request a site visit from the City of Denton Solid Waste and Recycling Department to verify serviceability and adherence to the design criteria set forth in the Denton Development Code section 7.12,as amended. (c) Any compactor used for municipal solid waste must be scheduled for collection at a minimum of once per week. (d) If a compactor is unable to be serviced due to being overfilled, blocked or any other obstruction,an inaccessible fee may be assessed consistent with the Utility Rate Ordinance.The customer is required to remove the excess waste or other obstructions prior to requesting return service. (e) The rate for such service in the Utility Rate Ordinance shall apply. (f) The customer may wait until the next scheduled service for collection,except the collection of a container having any municipal solid waste must occur within one(1)week of the previous collection. (g) The customer is responsible for all maintenance and repair of customer-owned compactors. Required repairs must be made in a timely manner. If the Director determines that either a compactor or its power unit are not functioning in a safe manner,the customer may be required to retain an alternate container, at the customer's expense,to handle waste material until the compactor is repaired. Sec. 24-71.—Valet service. (a) Valet service shall be provided to areas of the City as identified by the Director. Customers in designated areas may not opt out of valet service. (b) Valet service level tiers will be set by the Director. (c) The rate for valet service in the Utility Rate Ordinance shall apply. (d) Large or bulky items must be called in for collection. (e) Contaminated containers will not be collected.The contaminating items shall be removed by the owner for the container to be serviced. Sec. 24-72. —Annual permit required for special waste and recyclables haulers. No person shall collect or remove for compensation any special waste or recyclables from any property within the City without first obtaining a special waste hauler or recyclable materials hauler's permit from the City in accordance with Articles V and VI of the chapter. Secs. 24-730-24-89. Reserved. dpc. 94-90S ReGyGlable materials (a) Nothing On this chapter shall pFahibit a peFSOR 40FR eelleeting,gathering, er tranSpOking reeyelable rnateFials- ollected f.-.,.. property within the city, Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 16 of 27 39 . (c) As used an this section, "Fecyclable materials" Fneans glass,tin,al i I . . I newspaper e Athpir discarded matermals,whach are not special waste and have been separated fFeFn OtheF MuniCipal sOhd waste at the point of collection f.F delivery to another I.catien fee processing fee reuse. /n..J. N-.e § 9_20_05) Tm ��00�-z 2���.� !Wc 7n_01 Disposing of re Gyrzia ale rnntpronk it shall be unlawful for a person to place any non recyclable solid wa5te an any recycling receptacle or tG leave any nen recyclable solid waste en a recycling sate in the City of Denton,Texas. (Ord. Ne. 2005 2566,§ 1,9 20 05) S ees. 24-9'—t4-99. Rp;p;TR,. ARTrrcLE 19 120--9CdJf/lAly N OF 012CcTvlridd /GONT4I T—FR-9 IN CDV CTDCCT IIICTDIJ^T ee� �n_1nn nefi�i+ier,� The following WOFds,teFMs and phrases,when used in this aFtide,shall have the meanings aSCFibed to them ..this sect*E)n except wheFe the c ..text clea.-I.,indicates a.Jiff., ent meaning: The FFy Street DiStFiGt is geneFally beunded by Weleh StFeet te the east, Street te the NeFth,Ave. -B te-the Glass container-means any glass bottle or Feceptacle, closed op eapable of being closed. (Q;d. No.z2005256,§ Nete(s) *A copy of Exhibit A can be found in the city$'faces S26. :24-1 n1, ornhihi+ier, of apen gl-,« r.+-,ir.er&, (a) Pr-ehibitien6. Ne peFSOR shall pessess within the Fry Street DiStFiGt UPGR eF immediately adjaGent te any right of way,StFeet,sidewalk, pedestFiaR way, 9F paFl(ing aFea,aRy glass eoRtaiReF whieh is epein tw has -hp-p-.n (b) Exemptions. Notwithstanding aRy otheF pmvisien of this section, ROthiRg in this section shall pFohibit the possess on of the fGlIG.dRg glass r ntai.ere in the C.-..Wept Distric - (1) Baby battles eontaining PFEAUGtSfOrconsumption by babies; TzToiass aiaScviicaiiierS containing-p reseriptien EJrbgs; (3) Glass eentaineFS that aFe being tFaASPeFted on a tFash bag diFeetly te a trash eF Fe6yeling eentaineF ( ))Gass lined vacuum picnic centaineFS ertheFME)s bottles;and Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 17 of 27 40 (o) ru Any container ici as permitted oyri cnao ruEBhellE Beverage Code Ann. 28.197br• (Ord. Pie. 256T1,9 Ses. 24-102 n �,,o+ „� �„��,o officer vises.amen of pe"Ge . Whenever any pokee officer shall, in the exercissee A-f reasonable judgment, dec-A-e that the presence of a" he may, if he H-e-ems it necessary fer the piceseicvatien ef public;peaee and safety, erdeF that peFSen te leavp that (Ord. Ne. 2005256,1,9 20 05) ARTICLE IV- COMMERCIAL DIVERSIONARY PRACTICES Sec. 24-90.—Applicability. This article applies to all commercial properties in the City's zoning jurisdiction. Sec. 24-91. —Services required. (a) The owner of any commercial properties in the City must actively engage in on-site recycling material diversion program.Commercial properties must,at a minimum, provide availability to the residents and employees of these properties the ability to recycle paper, cardboard,glass,aluminum and steel cans,and plastics.The nature of the recycling or diversion practiced must be reported in a "Diversion Plan"as described in this chapter.Commercial recycling and organics services must be provided by a permitted hauler(see Article A of this chapter)or the City of Denton Solid Waste and Recycling Department. (b) This Article will be phased in for all commercial properties between January 1,2024 though June 1, 2024. c) The owner of apr-ern*sesof which all o part is used for office .,.local offmce .,.Jmeal f-.cili+i.,� I., or prmvat.....Jucati. nal f-.cilitmes shall ensure that employees have access to or, desermbed under thms aFtcle,for any portion of the ses that has one or more of uses descrbed n tWs . ) The E)wneF..f a pr-emmses of whmch •.II a ar+i, .,.J fer R smidlentmaI use ineludeng but not Im. .itedd+ these uses F_lp_sr=Fmbed on subsectmen (c)of thms speramen and--;;Ise mnelud*nR hetels and ledgOng,PFeceFY Ste and rAmmprrm site r ,cl0 ng serv&ces desep*be J Under th*s article effect* a I„r,r. 9 7l17A Sec. 24-92. — Reporting requirements. (a) The owner of every commercial property shall submit a Diversion Plan to the City that complies with this Section no later than the close of business of the first business day of October of each year in a form required by the City. (b) No new certificate or occupancy shall be issued without the submission of a Diversion Plan that complies with this Section. Created: 2023-02-17 10:S3:49 [EST] (Supp. No.33) Page 18 of 27 41 (c) A Diversion Plan must: i. Be in a form prescribed by the Director; ii. List materials to be diverted; iii. State the name and contact information of the individual responsible for the Diversion Plan; iv. State the name and contact information for any diversionary service(s) being utilized; v. State the size and description of the diversionary container(s); vi. State the frequency of the collection of the container(s); vii. Plans to educate tenants or employees regarding the Diversionary Plan and how to participate including the following information: a. Location of diversionary containers; b. Types of materials accepted; c. Information related to the use of proper recycling practices that will be implemented,such as emptying and rinsing plastic bottles, ensuring paper and cardboard products are not wet, and that cardboard boxes are broken down before being placed in the recycling container; d. Onsite contact information to report overflowing recycling containers or contamination; e. Provide information to individual participants such as employees or tenants on how to report waste or recycling problems to the City of Denton; viii. The owner must include additional information or documentation as required by the Director at the time of submission of the Diversion Plan to verify compliance with this Section. Sec. 24-93.— Notice of change. (a) The owner of a commercial property shall notify the Director of any change in the Diversion Plan. (b) The owner of a commercial property shall notify the Director of any change in service provider for the collection of diversionary materials. Sec. 24-94.— Education. (a) The individual named in (c)(3)of Section 24-92 of this Chapter shall provide recycling or diversion information and instructions in accordance with the rules adopted by the Director to: (1) All tenants and employees on site of the premises annually; (2) A new employee or tenant no later than the 30th day after the tenant occupies or the employee begins work at the premises;and (3) All employees or tenants within 30 days after a substantive change in the diversionary service offered at the premises. (b) All information and documentation, including signage, required to be provided to persons or posted as public information under this article shall be written in English and Spanish and include universal symbols as adopted by the Director. (c) Each container designated or used for collection or transport of recyclable or organic materials shall be affixed with a sign that includes: (2) The type of materials accepted written in English and Spanish;and (3) The term "Recycling"or"Compostables"or"Organics",as appropriate. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 19 of 27 42 Sec. 24-95.—24-99.— Reserved. Article V. —SPECIAL WASTE COLLECTION AND TRANSPORTATION SERVICES PERMIT Sec. 24-100.— Permit required. Any person engaged in the collection and transport of special waste within the City must possess a current and valid permit issued by the City prior to providing collection and transportation services for special waste. Sec. 24-101.— Exemptions. (a) The following are exempt from the permit requirements in Section 24-100. (1) Any person living within the City and hauling personal materials,wastes,or other materials from their primary residence is exempt from the permitting requirements of this section. (2) Any person who transports special waste no more than three(3)times per any year period. (3) Any Liquid Waste Transporter permitted under the City of Denton -Code of Ordinances,Chapter 26, Division 3,as amended. (b) The Director may request documentation (i.e.trip tickets, bills of lading, etc.)to ensure compliance with this section. Sec. 24-102.— Permit application. (a) Any person engaged in the collection and transportation of special waste that is required to obtain a permit per Section 24-100 shall apply for a permit from the City in a manner required by the City and pay the required fee. (b) The application will include: (2) The name and business address of the applicant; (3) The name of the owner of all collection and transportation vehicles that will be used in special waste collection services located within the City; (4) A description of the special waste that will be hauled by the applicant; (5) The location where the special waste will be disposed of, including documentation sufficient to show the applicant is legally authorized to dispose at the specified location(s); (6) A description and the license number of all vehicles to be used in collecting and transporting the special waste within the City; and (7) Any other information which is reasonably necessary to administer this section as determined by the City. (c) By acceptance of the permit,the permittee agrees to comply with all requirements of the service agreement,carry specific types and amounts of insurance,submit reports,and pay necessary fees by the specified due dates. Sec. 24-103.— Permitting fees. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 20 of 27 43 (a) Application fees shall be paid at the time the application is submitted to the City. (b) Vehicle service fees established in the Utility Rate Ordinance shall be paid no later than the due date on the invoice sent by the City. (c) Vehicle service fees are non-transferable between vehicles. (d) All fees are non-refundable, including in the event no permit is obtained. Sec. 24-104.—Granting, denial, and revocation of a permit. (a) A permit provided for in Section 24-100 shall be granted only where the applicant has completed the following: (1) A service agreement form has been completed in full; (2) The applicant has no unresolved violations of this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency. (b) The City reserves the right to revoke a granted permit at any time for failure to comply with this Chapter or to protect the health and safety of the public. (c) Any person whose permit is denied may: (1) Resubmit a fully completed service agreement; (2) Submit evidence that any violation with this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency has been resolved;or (3) Make an appeal to the Director. Sec. 24-105.—Vehicle service permit compliance requirements. (a) Special waste haulers must maintain a valid permit. (b) Permitted special waste service providers must submit quarterly reports: (1) Reports are to be submitted quarterly on the first business days of October,January,April,and July; (2) Reports should be provided by physical or electronic submission to the Director; (3) Reports shall contain: i. Hauler name,address,date, and quantity of material sent for diversion or disposal ii. Name of facility where material was sent (4) To be timely submitted,the report must be received by the City within twenty(20)calendar days of the end of the quarter. (5) Incomplete reports will not be accepted for filing and will be returned.Such reports will be considered untimely if not completed and returned within the deadline specified in subsection (c) Decals: (1) Decals issued by the City shall be placed in a visible location by the permittee(s) upon each collection and transportation vehicle operating within the City; (2) Decals shall be current pursuant to the schedule in Section 24-107 and valid in accordance with the requirements of this subsection; (3) Decals must be clearly legible. (d) Waste manifests. For permitted haulers requiring waste manifests,the maintenance of these manifests by the permittee is a condition of compliance.All records may be reviewed by the City at the request of the Director for a duration of up to three(3)years. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 21 of 27 44 Sec. 24-106.— Permitting effective date and renewal. (a) Permits are issued and renewed annually beginning December 1 preceding the next calendar year during which the permit will be effective. (b) The permit's effective period is January 1 through December 31 of the same calendar year. (c) Permit fees are not prorated. (d) All permits, regardless of the date of issuance,will expire on December 31 of the year in which the permit became effective. (e) The application process shall be initiated,and fees shall be paid by November 15 for the upcoming calendar year so that adequate time is available for review and processing of the application. (f) Permittees currently permitted and choosing to reapply for a permit shall renew permits for the upcoming calendar year by submitting a renewal application by November 15. (g) All fees shall be paid with the submission of a renewal application. (h) The timely submission of a complete renewal application and the relevant fees will suffice to authorize the continuance of operations beyond December 31 until such time that the City makes a final determination on the approval of a permit renewal application. Sec. 24-107.— Reissuance of lost and damaged decals. (a) In order to have a duplicate decal issued,the original applicant for a permit must provide all information required in Section 24-102(b). (b) Any applicant for a duplicate decal shall submit sufficient evidence of the damage to the decal. (c) No fees will be imposed for a duplicate decal. Sec. 24-108.—Violations. (a) The City may issue a "No Operations"declaration and assess all applicable permit violation fees from the service provider if a service provider: (1) Performs collections or transports special waste in a vehicle within the City which has not been permitted; (2) Performs collections or transports special waste in any vehicle with an expired permit; (3) Performs some other permit violation;or (4) Does not make payment of the appropriate fees in a timely manner. (b) Once a service provider has been issued a "No Operations"declaration from the City, all services to be provided within the City are required to cease. (c) Each day and act of illegal operations during a "No Operations" period is a separate violation;any person, entity,or business engaged in the collection and transport of waste who violates the"No Operations" requirement prior to receipt of a permit or during any suspension of a permit period may be charged by the City an amount as established in the Utility Rate Ordinance per day for each day and act of violation of this ordinance. (d) Following the receipt of a "No Operations"declaration and prior to a service provider being reinstated to legally operate within the jurisdiction of the City,the service provider must meet with the City staff to update its application and service agreement. Once updated,the status of the permit will be determined. The City may reinstate,decline to renew,or revoke the permit. If the City agrees to reinstate the permit, the service provider must make payment of all monies owed to the City before the permit will be reinstated. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 22 of 27 45 Sec. 24-109.—24-199. —Reserved. Article VI. — COMMERCIAL RECYCLABLE MATERIALS COLLECTION AND TRANSPORTATION SERVICES PERMIT Sec. 24-200.— Permit required. (a) Any service provider engaged in the collection and transport of recyclable materials from commercial entities and operating within the City must possess a current and valid permit issued by the City prior to providing waste collection and transportation services. (b) Permits for collection and transportation services are required for recyclable materials and other materials collected for purposes of recycling, including construction and demolition (C&D)debris separated at the point of collection for delivery to another location for processing for recycling. Sec. 24-201.— Exemptions. (a) Any person living within the City and hauling personal recyclable materials to a recycling facility from their primary living residence is exempt from the permitting requirements of this section. (b) Any person who collects for transportation recyclable materials no more than three(3)times per any year period is exempt from the permitting requirements of this section but must register as exempt with the permitting authority. (c) The City is exempt from these permitting requirements when engaged in hauling recyclable materials pursuant to Sec. 24-3 and 24-202. Sec. 24-202.— Reclassification and disposal of recyclable materials. (a) Recyclable materials containers containing a significant amount of contamination,as determined by the City,will be considered municipal solid waste,and its collection may be considered a violation and subject to the actions and penalties provided for in Sec. 24-209 of this chapter.The Director will make the final determination of whether stored recyclable materials contain excessive contamination,which at the City's determination,shall cause the reclassification of these materials from recyclable materials to solid waste, thereby negating the ability of a service provider to transport this material within the City's jurisdiction under its recycling vehicle service permit. (b) The City has the authority to inspect the contents of any container located within the City's jurisdiction in order to determine the material contents of the container, so as to ensure compliance with the contamination requirements. Sec. 24-203. Permit application. (a) Any person engaged in the collection and transport of recyclable material from commercial operations that is required to obtain a permit per Section 24-200 shall apply for a recyclable materials service permit from the City. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 23 of 27 46 (b) A person,entity, or business engaged in the collection and transport of recyclable material from commercial entities shall make application to the City on forms provided for that purpose and pay the fee required by Sec. 24-204.The application shall include the following information: (1) The name and address of the applicant. (2) The name of the owner of the collection and transportation vehicle for use in recyclable materials collection services located within the City. (3) A description of the recyclable material to be transported. (4) The location of the recycling facility to which the recyclable material will be transported, including proof,when required by the Director that the applicant is legally authorized to dispose of at the specified location. (S) A description and the license number of any vehicles to be used in collecting and transporting the recyclable material within the City. (6) Any other information which is reasonably necessary to administer this section as determined by the City. (c) By acceptance of the permit,the permittee agrees to execute and comply with all requirements of the vehicle service agreement,carry specific types and amounts of insurance,submit reports, and pay the necessary fees by the specified due date. Sec. 24-204.— Permitting fees. (a) Application fees and vehicle service fees shall be paid at the time of submittal of the permit application. The vehicle service fee schedule is found in the Utility Rate Ordinance. (b) Vehicle service fees are non-transferable between vehicles and containers. (c) All fees paid are non-refundable. (d) The permit applicant must pay the required fees and meet all permit requirements prior to the issuance of a permit. Sec. 24-205.—Granting of permit. (a) A permit provided for in Section 24-200 shall be granted only where the applicant has completed the following: (1) A service agreement form has been completed in full; (2) The applicant has no unresolved violations of this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency. (d) The City reserves the right to revoke a granted permit at any time for failure to comply with this Chapter or to protect the health and safety of the public. (b) Any person whose permit is denied may: (1) Resubmit a fully completed service agreement; (2) Submit evidence that any violation with this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency has been resolved;or (3) Make an appeal to the Director. Sec. 24-206.— Permit compliance requirements. (a) Recyclables service providers must maintain a valid permit. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 24 of 27 47 (b) Service providers must submit quarterly reports (1) Reports are submitted by calendar quarter. (2) Reports should be provided by physical or electronic submission to the Director. (3) Reports shall contain: i. Service provider's name,address, date,and quantity(weight or volume)of material sent for diversion or disposal ii. Name of facility where material was sent iii. Name of facility where residuals were sent (c) Incomplete reports will not be accepted for filing and will be returned.Such reports will be considered untimely if not completed and returned within the deadline specified in subsection (4). (d) Decals: 1. Decals issued by the City shall be placed in a visible location by the permittee(s) upon all collection and transportation vehicles operating within the City. 2. Decals shall be current pursuant to the schedule in Section 24-208 and valid in accordance with the requirements of this subsection. 3. Decals must be clearly legible. Sec. 24-207.— Permitting effective date and renewal. (a) Permits are issued and renewed annually beginning December 1 preceding the next calendar year during which the permit will be effective. (b) The permit's effective period is January 1 through December 31 of the same calendar year. (c) Permit fees are not prorated. (d) All permits, regardless of the date of issuance,will expire on December 31 of the year in which the permit became effective. (e) The application process shall be initiated,and fees shall be paid by November 15 for the upcoming calendar year so that adequate time is available for review and processing of the application. (f) Permittees currently permitted and choosing to reapply for a permit shall renew permits for the upcoming calendar year by submitting a renewal application by November 15. (g) All fees shall be paid with the renewal application. (h) The timely submission of a complete renewal application and the relevant fees will suffice to authorize the continuance of operations beyond December 31 until such time that the City makes a final determination on the approval of a permit renewal application. Sec. 24-208. - Reissuance of lost and damaged decals. (a) In order to have a duplicate decal issued,the original applicant for a permit must provide all information required in Section 24-203(b). (b) Any applicant seeking a duplicate decal shall submit sufficient evidence of the damage to the decal. (c) No fee will be imposed for a duplicate decal. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 25 of 27 48 Sec. 24-209.—Violations. (a) The City may issue a "No Operations"declaration and assess all applicable permit violation fees from the service provider if a service provider: (1) Operates a vehicle within the City which has not been permitted; (2) Operates any piece of equipment with an expired permit; (3) Performs some other permit violation;or (4) Does not make payment of the appropriate fees in a timely manner. (b) Once a service provider has been issued a "No Operations" declaration from the City, all services to be provided within the City are required to cease. (c) Each day and act of illegal operations during a "No Operations" period is a separate violation; any person, entity,or business engaged in the collection and transport of waste who violates the"No Operations" requirement prior to receipt of a permit or during any suspension of a permit period may be charged by the City an amount as established in the Utility Rate Ordinance per day for each day and act of violation of this ordinance. (d) Following the receipt of a "No Operations" declaration and prior to a service provider being reinstated to legally operate within the jurisdiction of the City,the service provider must meet with the City staff to update its application and service agreement. Once updated,the status of the permit will be determined. The City may reinstate,decline to renew,or revoke the permit. If the City agrees to reinstate the permit, the service provider must make payment of all monies owed to the City before the permit will be reinstated. Sec. 24-210.—24-299. —Reserved. Article VII. POSSESSION OF OPEN GLASS CONTAINERS IN FRY STREET DISTRICT Sec. 24-UW300. Definitions. The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fry Street District refers to the area as described in Zoning Ordinance No. 2000-045 as the Fry Street District. The Fry Street District is generally 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 southeast,and Hickory Street to the southwest,which is depicted in Exhibit A* attached to Ordinance No. 2005-256 and made a part hereof by reference. Glass container means any glass bottle or receptacle,closed or capable of being closed. (Ord No 205 256,5 1,9 20 nCl Nate(s) ***A cepy of Exhibit A can found in the city offices. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 26 of 27 49 Sec. 24-U4301. Prohibition of open glass containers. (a) Prohibitions. No person shall possess within the Fry Street District upon or immediately adjacent to any right- of-way,street,sidewalk, pedestrian way, or parking area, any glass container which is open or has been previously opened except for use on the premises where the glass containers are acquired. (b) Exemptions. Notwithstanding any other provision of this section, nothing in this section shall prohibit the possession of the following glass containers in the Fry Street District: (1) Baby bottles containing products for consumption by babies; (2) Glass drug containers containing prescription drugs; (3) Glass containers that are being transported in a trash bag directly to a trash or recycling container for disposal or recycling purposes; (4) Glass lined vacuum picnic containers or thermos bottles,and (S) Any container as permitted by Texas Alcoholic Beverage Code Ann.28.10(b). (Ord No. 2005 256 5 1,9 2G W Sec. 24-302. Discretion of police officer. Whenever any police officer shall, in the exercise of reasonable judgment,decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 24-101(a), he may, if he deems it necessary for the preservation of public peace and safety,order that person to leave that place and surrender the open glass container.Any person who shall refuse to leave or surrender an open glass container after being ordered to do so by a police officer shall be in violation of this section. (Ord No. 2005 256 5 1,9 20 W Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 27 of 27 50 Subpart A-CODE OF ORDINANCES Chapter 24 SOLID WASTE Chapter 24 SOLID WASTE' ARTICLE 1. IN GENERAL Sec. 24-1. Purpose. The regulations of this chapter are adopted for the purpose of preserving and protecting the public health,safety, and general welfare by requiring all persons in control of a property, including property owners,tenants, occupants,and lessees,to secure and maintain containers and receptacles of sufficient size and material for the deposit of garbage,trash, rubbish,and recyclable materials for collection and removal at regular intervals and to maintain their premises free of accumulations thereof.Additionally,this chapter refers to what individuals or entities may provide removal services in the City. (Ord. No. 2005-256,§ 1,9-20-05) Sec. 24-2. Definitions. The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Appliance a device or pieces of equipment designed to perform a task,typically a domestic one such as an oven, refrigerator,etc. Brush shrubs,tree limbs, and branches. Bulky items any non-putrescible household item that will not fit inside a solid waste container when the lid on the solid waste container is closed. Only items consistent with residential use,such as household furniture and appliances;shall be considered bulky items.This term includes material that is part of routine household maintenance but does not include construction,demolition,or remodeling materials or debris(see Construction and demolition debris definition). 'Editor's note(s)-Ord. No. 2005-256, § 1,adopted September 20, 2005, amended chapter 24 in its entirety to read as herein set out. Former chapter 24,§§24-1-24-13, 24-41, 24-42, 24-66-24-71, 24-72-24-74, pertained to similar provisions,and derived from §§ 12-1, 12-2, 12-4-12-6, 12-8, 12-9(b), (c), 12-10, 12-12, 12-14(a)- (d), 12-15, 12-16(b),(c), 12-17(c), 12-17(e), (f), 12-18-(a),(b), 12-19-12-23 of the 1966 Code; Ord. No.89- 032, § I, 2-21-89; Ord. No.90-003, § I, 1-2-90; Ord. No 91-066, § I, III,V-VIII,4-30-91; Ord. No 98-299,§ I- IV,9-15-98; Ord. No 00-042, § 1,2,2-1-00; Ord. No 00-045, §§ 1,3, 2-1-99. Cross reference(s)-Disposal of manure, §6-15; housing generally,Ch. 15;junk dealers and dealers in secondhand merchandise, § 16-26 et seq.; automotive wrecking and salvage yards, § 16-126 et seq.;grass and weeds creating nuisances,§20-71 et seq.; littering generally, § 21-5; construction and building debris on streets, § 25-8; refuse and garbage handling in mobile home or recreational vehicle parks, §32-90; insect and rodent control in mobile home and recreational vehicle parks,§32-91. Denton,Texas,Code of Ordinances Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 1 of 21 51 The City the City of Denton. Commercial any structure or building other than residential, including business structures, hotels, motels, rooming houses or boardinghouses and structures containing five(5)or more dwelling units. Construction and Demolition Debris or C&D waste resulting from construction or demolition projects, regardless of the point of origin.This term includes all materials that are directly or indirectly by-products of construction work, including remodeling,or that result from the demolition of any structures and may include, but are not limited to, paper,cartons,gypsum board,wood, excelsior, rubber, and plastics. Container any receptacle designed for the specific purpose to hold solid waste or recyclable materials,which can be lifted or emptied manually or by use of a special vehicle. Contamination non-program materials in any container set for recycling or diversion from ultimate disposal. Decals an adhesive permit issued by the City and to be affixed to a vehicle for use in special waste and recyclable materials collection and transportation services. Director The City of Denton's Solid Waste Director who is the City official responsible for managing the permitting and regulation of all waste and recycling services provided within the City.This definition includes the director's authorized designee(s). Excess accumulations any accumulation of MSW or recyclables or divertible material outside of the container.This does not include residential yard waste, bulky items,or other waste specifically identified for unique placement outside a traditional residential garbage or recycling container. Hazardous waste as defined in the federal Solid Waste Disposal Act 42 U.S.C. 6901. Municipal Solid Waste(MSW)solid waste resulting from or incidental to residential, municipal, commercial, institutional, and recreational activities, including garbage, rubbish,ashes,street cleanings,construction and demolition materials, not separated at the point of collection for delivery to another location for processing for reuse,and all other solid waste other than special wastes and recyclable materials. Owner any person or entity shown as the property owner on the latest property tax assessment rolls or any person having any legal or equitable interest in the property, including any agent who is responsible for managing, leasing,or operating the property including any tenant or occupant. Pay bag a bag sold by the City or its designee to customers for additional material to be collected outside of their normal carted collection.A pre-paid additional waste solution. Private containers are containers-used,or intended for use,in disposal or collection of MSW or recyclable materials and that are not issued by the City or permitted consistent with Section 24-72.—Annual permit required for special waste and recyclables haulers and include, but are not limited to, roll-off containers and self-contained compactors. Putrescible waste waste that is capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors,gases,or other offensive conditions,and include materials such as food wastes,offal,and dead animals. Program materials recyclable materials as defined in this Chapter. Recyclable materials materials defined by the contract between the City of Denton and any contracted recycling processor that are not special waste and have been separated from other waste at the point of collection for delivery to another location for processing and reuse.These materials include paper,cardboard, plastics containers displaying a resin identification number(RIN)of 1 through 7,steel and aluminum cans, and glass bottles. Residential a structure, house or building occupied as a dwelling only, and which contains no more than four (4)dwelling units. Created: 2023-02-17 10:53:48 [EST] (Supp.No.33) Page 2 of 21 52 Residential garbage consists of all normal household waste that fits in the garbage containers issued to said customer. Solid waste consistent with 30 TAC 330.3,garbage, rubbish, refuse, sludge from a wastewater treatment plant,water supply treatment plant,or air pollution control facility,and other discarded material, including solid, liquid,semi-solid,or contained gaseous material resulting from industrial, municipal,commercial, mining,and agricultural operations and from community and institutional activities. Special waste as defined in 30 TAC 330.3. Utility Rate Ordinance the ordinance adopted annually by the City Council that establishes the utility rate schedule. Unsafe materials Any material or matter deemed by the Texas Commission of Environmental Quality(TCEQ), the Environmental Protection Agency(EPA),the State Department of Health,or any other federal,state,or local governmental agency to be unsuitable or detrimental to the environment or human health when disposed of in the type of sanitary landfill operated by the City. Unauthorized container a container used or intended for use in the disposal or collection of MSW or recyclable materials that is not issued by the City of Denton Solid Waste Department or one that has not been permitted for use within the City limits. Valet Service special,specific,collection service provided to areas with limited space for standard dumpster collection service as identified by the Director. Vehicle any wheeled device designed mainly for the conveyance or transportation of persons or property. This definition includes cars,trucks,tractors,and trailers. Vehicle service fee the fee associated with permitting each vehicle for use in the collection and transportation of special waste or recyclable materials. Vehicle service permit the permit required by the City for vehicles for use in special waste and recyclable materials collection and transportation services. Waste manifest a document wherein the service provider must record collection points and the location of disposal of special waste, recyclable materials,and other waste as required by state and federal law and as defined by the City from time to time,such as a bill of lading. Yard waste vegetative or organic material produced from the care and maintenance of landscaped areas, gardens,and lawns.This includes weeds, leaves,grass clippings, dead flowers and plants, brush, pruned branches and stems, roots,or wood shavings that can be bagged in brown paper(kraft) bags or in a City designated yard waste container. (Ord. No. 2005-256, § 1,9-20-05) Cross reference(s)—Definitions and rules of construction generally, § 1-2. Sec. 24-3. The City is the exclusive provider for municipal solid waste services. The City's solid waste department shall be the exclusive provider of municipal solid waste collection and disposal services for all premises within the City.Any other person or entity is prohibited from providing municipal solid waste collection or disposal services to any person or entity for compensation or other benefit within the city, or to make use of the public streets for that purpose, except as expressly provided for in this chapter. No prior notice of violation shall be required for violation of this section. Created: 2023-02-17 10:53:48 [EST] (Supp.No.33) Page 3 of 21 53 (Ord. No. 2005-256, § 1,9-20-05) Sec. 24.4. —Administration and enforcement. (a) All officials duly authorized, including but not limited to peace officers of the State, and those authorized by statute to issue citations, notice of violations,or summons for Class C criminal misdemeanors, may assist the City in enforcement of this chapter. (b) Additionally,the Director, at his discretion, may designate trained personnel to issue notices of violation and to make accompanying affidavits to support prosecution as part of the City's ongoing efforts to regulate and manage wastes for the benefit of the public health,safety and welfare, in coordination with the office of the City Attorney,the municipal courts,the police department,the Texas Commission on Environmental Quality and any agencies with jurisdictional interest in solid waste regulation and management. (c) A violation of this chapter is a Class C misdemeanor. (d) Notification of violation (NOV).When the Director finds that an owner or service provider has violated,or continues to violate,any provision of this chapter,the Director may issue a written notice of violation. 1. The NOV may establish a specified number of days to respond or comply with the violations stated in the NOV. 2. Issuance of a NOV is not required prior to any legal enforcement action taken against a property, owner,or service provider. 3. Nothing in this section shall limit the authority of the Director to take action to abate a violation that poses an immediate threat to public health and safety,without first issuing a notice of violation. 4. A NOV issued under this article shall be in writing and served in person or sent out through regular mail to the address on the owner or service provider. (e) Administrative Orders.When the Director finds that an owner or service provider has violated,or continues to violate,any provision of this chapter the Director may issue an Administrative Order to an owner or service provider requiring compliance within a specified time. 1. If the owner or service provider does not comply within the time provided in the Order,solid waste and recycling services may be terminated. 2. Compliance orders may include requirements imposed by other ordinances,and state or federal law,to address noncompliance, including compliance with elements of the Denton Development Code as it applies to Solid Waste. 3. A compliance order does not extend the deadline for compliance established in a NOV, nor does a compliance order relieve the owner or service provider of liability for any violation,including any continuing violation. 4. Issuance of a compliance order shall not be a bar against,or a prerequisite for,taking any other action against the owner or service provider. 5. Any Order issued under this article shall be in writing and served in person or by registered or certified mail on the owner,service provider, record user or users of the solid waste service,or other persons determined to be responsible for such violation. (f) Upon issuance of an Administrative Order to any person,the owner or service provider must: Created: 2023-02-17 10:53:48 [EST] (Supp.No.33) Page 4 of 21 54 1. Immediately comply with all requirements; and 2. Take such appropriate remedial or preventive action, including halting operations,as may be needed to properly address a violation or to prevent future violations (g) Appeals.Any person may appeal an order of the Director by filing a written notice of appeal with the City Manager or designee on forms provided by the solid waste administration office.Such notice of appeal shall be filed within fifteen (15)days of service of the order. The remedies provided for in this article are not exclusive.The Director may take any,all,or any combination of the actions described in this ordinance,or as provided for in other law,against a noncompliant owner or service provider. Sec. 24.5. — Landfill Use The amounts to be paid for the use of the City's landfill site shall be the amounts established in the Utility Rate Ordinance or a City Council approved contract. All persons using the landfill will abide by the posted landfill rules,follow any directions given by landfill staff, and conduct themselves in a safe and professional manner. (1) Rules shall be posted at the landfill as follows: "City of Denton Landfill Facility Rules All vehicles that enter the City of Denton landfill must obey the following rules and procedures.These rules are in place to provide a safe and efficient environment for our employees and our customers. 1. All individuals enter the landfill at their own risk. 2. Scavenging material is strictly prohibited. 3. No Smoking on Landfill property. 4. Customers must present a valid,government issued ID at the weigh station. 5. The minimum charge applies to each individual load of chargeable waste material crossing the scales. 6. All loads entering landfill property, consistent with State and local laws, must be secured with a tarpaulin (tarp), net, or other means to properly secure the load and prevent litter. Unsecured or improperly secured loads will be subject to a surcharge. 7. All coverings shall remain in place and secure, including turnbuckles on commercial vehicles, until the vehicle has arrived at the unloading area. (coverings may be requested to be removed at another area for inspection). 8. Posted speed limits must be followed at all times. The Maximum Landfill Speed Limit is 15 MPH. 9. The unloading of unauthorized wastes is prohibited. Incoming loads may be inspected on a random basis. Landfill staff will determine if prohibited items or materials are present. Landfill personnel shall have the authority to reject unauthorized loads and have unauthorized material removed by the transporter or assess appropriate surcharges. 10 Vehicles entering the landfill weighing over 14,000 lbs. must have tow hooks, cables, or an accessible fixed point available to pull the vehicle if needed. 11. All pets must remain inside the vehicle at all times. 12. Children under the age of 16 must remain inside the vehicle at all times. 13. Yield the right-of-way to all landfill equipment. 14. Users of the landfill are required to follow all directions given by landfill staff. 14. Customers must always stay within ten (10)feet of their vehicle while in the unloading zone. Created: 2023-02-17 10:53:48 [EST] (Supp.No.33) Page 5 of 21 55 15. Drivers must unload at the location identified by working face personnel and follow posted separation distances between trucks when backing into their spot. 16. There will be no horseplay,fighting,or verbal attacks or abuse allowed at the City of Denton Landfill. Report any issues to the site management." The Director reserves the right to refuse service or revoke landfill use privileges for any person that endangers other customers or employees, engages in physical or verbal abuse, or knowingly disposes of materials in the incorrect disposal area. Sec. 24-6. Disposal of garbage,trash or rubbish only in authorized locations. (a) Garbage,trash or rubbish must be placed in this chapter or as otherwise expressly authorized by the City. (b) No person shall place any solid waste, bulky items,or any other material in,on, or next to the solid waste container of another, unless authorized to do so by the person or persons who pay the charge for the solid waste collection service. (Ord. No. 2005-256, § 1,9-20-05) State law reference(s)—Water quality standards,V.T.C.A.,Water Code§26.124. Sec. 24-7. Containers for municipal solid waste and recyclable materials. (a) Every owner shall obtain containers of sufficient size and number to hold the municipal solid waste and recyclable materials which accumulate on the premises,commercial accounts may retain non-City recycling or diversion services provided they conform to the other provisions of this chapter.The City may require certain levels of service to be provided based upon historical documentation from similar developments or on actual volumes of MSW and recyclables.Any property in the City that has any active residential utility service,or commercial utility service and issued a certificate of occupancy must also have solid waste service, as well. (b) Customers are responsible for maintaining the cleanliness of their issued containers. (c) All commercial containers and enclosures shall comply with the Denton Development Code section 7.12, as amended. (d) All solid waste must be placed solid waste in a manner that allows the lid of the solid waste or recycling container to be and remain closed with all the material contained completely within the container. (e) The contents of municipal solid waste receptacles shall be secured in a manner to prevent trash or any other material from escaping the receptacle, including by being blown or spilled due to exposure from weather elements or animals. (f) The contents of the recyclable materials container shall be secured in a manner to prevent recyclables or any other material from escaping the receptacle, including by being blown or spilled due to exposure from weather elements or animals. (g) Recyclable materials shall be placed directly in the recyclable materials container without bagging the materials when a City of Denton container is used. (h) Only program materials shall be placed in the recyclable material container when a City of Denton container is used. (i) The City may refuse to collect a container set out for collection that the City determines does not comply with this section. Created: 2023-02-17 10:53:48 [EST] (Supp.No.33) Page 6 of 21 56 Sec. 24-8. Prohibited materials and regulations. (a) Unsafe material is prohibited in the City landfill. (b) Unsafe material shall be disposed of in the manner provided for by law or agency regulation. (c) The owner and the party or parties generating unsafe material are responsible, including for the costs,for the collection,transportation,and disposal of the unsafe material. (d) Unsafe material may not be placed for collection by the City. (e) Unsafe material shall not be delivered to or disposed of at the City of Denton's landfill. (f) No person shall deposit into any container serviced by the solid waste and recycling department any special waste.The solid waste and recycling department shall refuse to collect,transport or dispose of special or hazardous waste or any other garbage, rubbish,trash,or other solid waste that does not comply with this chapter. (g) Only program materials shall be deposited in containers at City recycling drop sites. (h) Special waste shall be collected, removed,and disposed of only by an authorized private hauler. (i) Municipal Solid Waste(MSW)containing putrescibles shall be collected,at least once per week. (j) Any person collecting,transporting,or disposing of special or hazardous waste must obtain a permit issued pursuant to Article V of this chapter prior to such collection,transport,or disposal. Sec. 24-9. Municipal solid waste to be drained. (a) All municipal solid waste mixed with water or other liquids shall be drained before being placed in the receptacle. (b) The resultant liquids shall be disposed of in an acceptable manner. Sec. 24-10. Preparation of yard waste, tree limbs and cuttings. (a) Tree limbs,shrubs and hedge cuttings shall: (1) not exceed four(4)feet in length (2) Be stacked neatly (3) Be placed so that one(1)cut end faces toward the street at the curb line (4) be placed in a manner that will not block or otherwise impede the sidewalk. (b) No single piece shall weigh more than fifty(50) pounds. Created: 2023-02-17 10:53:48 [EST] (Supp.No.33) Page 7 of 21 57 (c) Yard waste consisting of small pieces,small cuttings and small loose material placed for collection shall be placed in approved kraft bags or City-issued container(s) (d) The City may refuse to collect brush or yard waste not placed for collection as provided in this section. (e) Charges for the collection of brush and yard waste shall be provided in the published Utility Rate Ordinance. (b) Sec. 24-11. Heavy or excess accumulations. Bulk or large quantities of MSW or construction and demolition debris in excess of four(4)cubic yards will not be collected via weekly curbside collection. Individuals needing collection of MSW or construction and demolition debris may contract with the City of Denton to provide a temporary container to dispose of the materials in an alternate manner, haul the material to the landfill themselves, or if the material is recyclable or divertible,contract with a third party vendor to haul the material to a recycle or re-use center. Secs. 24-12-24-40. Reserved. ARTICLE 11. RESIDENTIAL COLLECTION SERVICE Sec. 24-41. Residential solid waste services required. Any owner of any residential premises in the City is required to sign up for and maintain bundled solid waste and recycling service from the City of Denton and must have their municipal solid waste regularly removed by the City. If any utility service is active at a premises,then solid waste service must also be active regardless of occupancy status. Sec. 24-42. Charges for residential service. The charge for collecting municipal solid waste from each residential dwelling unit shall be provided in the Utility Rate Ordinance,as amended. Sec. 24-43. Residential collection service. (a) All residential containers must be placed at the curbside at a time and in a manner specified by the Director. (b) Residential garbage, recyclable materials, pay bags, bulk items, brush,or yard waste may not be placed at the curb earlier than 6:00 p.m. on the day prior to the scheduled collection day. (c) Containers must be placed for collection prior to 7:00 a.m.on scheduled collection day. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 8 of 21 58 (d) Containers shall be placed in the street with the wheels resting against the curb,or edge of the street, with the lid opening towards the street and the lid hinge facing away from the street. (f) Containers shall be placed a minimum of four(4)feet away from any mailbox,vehicle,container,or another obstacle. (g) Bulk items, kraft bags, pay bags, brush,or yard waste must also be placed at least four(4)feet away from any mailbox,vehicle, container,or another obstacle. (h) Only garbage,yard waste,or recyclable materials container(s) authorized by the City will be serviced by the City. No other containers, boxes,or bags placed at the collection site will be collected except as defined by the City. (i) All garbage,yard waste,and recyclable materials containers shall securely contain,with lids closed, all contents and must be capable of being collected without spillage. Residential garbage and recyclable materials determined by the City to not be properly contained shall not be collected. (j) Customers whose garbage or recyclables were not collected due to failure to comply with this chapter shall not be collected until the next regularly scheduled collection service. (k) Garbage,yard waste,or recyclable materials storage containers and residential garbage,yard waste, recyclables,or any other unaccepted materials not collected shall be removed from collection point by the customer no later than 8:00 a.m.on the day following the scheduled collection day. (1) Upon removal from the curb, unaccepted materials,garbage, recycle,and yard waste containers shall be stored in as inconspicuous a location as possible,such as: (1) In a garage; (2) In an outdoor storage building; (3) On the side of a structure on the property; or (4) At the back of a structure on the property. At no point shall a garbage, recycling, or yard waste storage container or unaccepted waste or recyclables be stored in public view or remain in public view in the front yard, on the front porch,or in front of the main structure on the property, unless otherwise approved by the Director. (m) Customers may submit an application for special collection services,Service Assistance Program,to have their container(s)serviced at the point of container storage if the customer is unable to place the container at the collection point as required by this section. (n) The monthly rate for the Service Assistance Program is the same rate charged to residential customers with similar-sized containers. (o) An application for the Service Assistance Program must be signed by a healthcare provider. (p) Households that receive the Service Assistance Program cannot contain a member that is physically able to place the containers at the collection point. (q) Applications for the Service Assistance Program shall be subject to renewal every two(2)years from the date of special service initiation. (r) The Director may make reasonable exceptions to the foregoing location requirements,as needed, upon request of the customer,to accommodate unique circumstances. Sec. 24-44. —Weight limitations of residential containers. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 9 of 21 59 The contents of any residential garbage,yard waste,or recycle container shall not exceed 250 pounds. Secs. 24-45-24-65. Reserved. ARTICLE 111. COMMERCIAL COLLECTION SERVICE Sec. 24-66. Commercial solid waste services required. (a) Every owner any commercial property not eligible to receive residential solid waste collection services shall set up service for solid waste and recycling collection from the City, except as otherwise expressly provided for in this chapter. (b) Solid waste must be scheduled for collection a minimum of once weekly. (c) Recyclables must be scheduled for collection a minimum of once every two weeks provided container volume is appropriate to support this level of service (d) Other commercial waste collection and disposal services not provided for in this chapter shall be provided only upon approval of the services by the Director. Sec. 24-67. Charges for commercial service. (a)The charge for commercial service shall be in an amount established by the Utility Rate Ordinance. (b)The service charge for other commercial waste collection and disposal services shall be in the amounts established in the Utility Rate Ordinance. Sec. 24-68. —General solid waste and recycling service responsibilities. (a) All persons utilizing City containers at commercial facilities shall provide,at their expense,an enclosure of adequate size and materials as specified in the Denton Development Code section 7.12,as amended. (b) Any other items stored within solid waste or recycling enclosures must not obstruct, impair or otherwise interfere with the City's ability to service City-provided containers therein. (c) If a container is unable to be serviced due to being contaminated,overfilled, blocked,or otherwise obstructed,an inaccessible fee may be assessed consistent with the published Utility Rate Ordinance. (d) The customer is required to remove any and all contamination,overflowing material,or obstructing items and call to request return service,at a rate established by the Utility ate Ordinance,or wait until their next scheduled service to be emptied. If this is a municipal solid waste container the follow-up collection must occur within one(1)week. Sec. 24-69. —Containers furnished by the City for commercial use. (a) The Director may locate and place solid waste containers for use by commercial facilities in accordance with the waste storage needs of the individual facility.All facilities for which containers are so provided by Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 10 of 21 60 the City shall place all garbage and waste materials in such container(s)and shall not place waste in any containers except those designated by the Director. It shall be unlawful for any person using such containers to leave the lid open after placing refuse material therein. (b) Where more than one(1)commercial establishment uses the same container,the charges shall be prorated according to use, but in no case shall the total be less than an amount established by the City Council and on file in the office of the City Secretary. (c) Only City issued containers will be serviced unless otherwise provided for in this chapter. Sec 24-70.—Compactor service. (a) Customers may provide their own compactor provided it meets the criteria set forth in the Denton Development Code and is compatible with the City's collection vehicles. (b) Customers requesting any new compactor service shall first request a site visit from the City of Denton Solid Waste and Recycling Department to verify serviceability and adherence to the design criteria set forth in the Denton Development Code section 7.12,as amended. (c) Any compactor used for municipal solid waste must be scheduled for collection at a minimum of once per week. (d) If a compactor is unable to be serviced due to being overfilled, blocked or any other obstruction,an inaccessible fee may be assessed consistent with the Utility Rate Ordinance.The customer is required to remove the excess waste or other obstructions prior to requesting return service. (e) The rate for such service in the Utility Rate Ordinance shall apply. (f) The customer may wait until the next scheduled service for collection,except the collection of a container having any municipal solid waste must occur within one(1)week of the previous collection. (g) The customer is responsible for all maintenance and repair of customer-owned compactors. Required repairs must be made in a timely manner. If the Director determines that either a compactor or its power unit are not functioning in a safe manner,the customer may be required to retain an alternate container, at the customer's expense,to handle waste material until the compactor is repaired. Sec. 24-71.—Valet service. (a) Valet service shall be provided to areas of the City as identified by the Director.Customers in designated areas may not opt out of valet service. (b) Valet service level tiers will be set by the Director. (c) The rate for valet service in the Utility Rate Ordinance shall apply. (d) Large or bulky items must be called in for collection. (e) Contaminated containers will not be collected.The contaminating items shall be removed by the owner for the container to be serviced. Sec. 24-72. —Annual permit required for special waste and recyclables haulers. No person shall collect or remove for compensation any special waste or recyclables from any property within the City without first obtaining a special waste hauler or recyclable materials hauler's permit from the City in accordance with Articles V and VI of the chapter. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 11 of 21 61 Secs. 24-73-24-89. Reserved. ARTICLE IV- COMMERCIAL DIVERSIONARY PRACTICES Sec. 24-90.—Applicability. This article applies to all commercial properties in the City's zoning jurisdiction. Sec. 24-91. —Services required. (a) The owner of any commercial properties in the City must actively engage in on-site recycling material diversion program.Commercial properties must,at a minimum, provide availability to the residents and employees of these properties the ability to recycle paper,cardboard,glass, aluminum and steel cans, and plastics.The nature of the recycling or diversion practiced must be reported in a "Diversion Plan"as described in this chapter.Commercial recycling and organics services must be provided by a permitted hauler(see Article VI of this chapter)or the City of Denton Solid Waste and Recycling Department. (b) This Article will be phased in for all commercial properties between January 1, 2024 through June 1, 2024. Sec. 24-92.— Reporting requirements. (a) The owner of every commercial property shall submit a Diversion Plan to the City that complies with this Section no later than the close of business of the first business day of October of each year in a form required by the City. (b) No new certificate or occupancy shall be issued without the submission of a Diversion Plan that complies with this Section. (c) A Diversion Plan must: i. Be in a form prescribed by the Director; ii. List materials to be diverted; iii. State the name and contact information of the individual responsible for the Diversion Plan; iv. State the name and contact information for any diversionary service(s) being utilized; v. State the size and description of the diversionary container(s); vi. State the frequency of the collection of the container(s); vii. Plans to educate tenants or employees regarding the Diversionary Plan and how to participate including the following information: a. Location of diversionary containers; b. Types of materials accepted; c. Information related to the use of proper recycling practices that will be implemented,such as emptying and rinsing plastic bottles,ensuring paper and Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 12 of 21 62 cardboard products are not wet,and that cardboard boxes are broken down before being placed in the recycling container; d. Onsite contact information to report overflowing recycling containers or contamination; e. Provide information to individual participants such as employees or tenants on how to report waste or recycling problems to the City of Denton; viii. The owner must include additional information or documentation as required by the Director at the time of submission of the Diversion Plan to verify compliance with this Section. Sec. 24-93.— Notice of change. (a) The owner of a commercial property shall notify the Director of any change in the Diversion Plan. (b) The owner of a commercial property shall notify the Director of any change in service provider for the collection of diversionary materials. Sec. 24-94.— Education. (a) The individual named in (c)(3)of Section 24-92 of this Chapter shall provide recycling or diversion information and instructions in accordance with the rules adopted by the Director to: (1) All tenants and employees on site of the premises annually; (2) A new employee or tenant no later than the 30th day after the tenant occupies or the employee begins work at the premises; and (3) All employees or tenants within 30 days after a substantive change in the diversionary service offered at the premises. (b) All information and documentation, including signage, required to be provided to persons or posted as public information under this article shall be written in English and Spanish and include universal symbols as adopted by the Director. (c) Each container designated or used for collection or transport of recyclable or organic materials shall be affixed with a sign that includes: (2) The type of materials accepted written in English and Spanish; and (3) The term "Recycling"or"Compostables"or"Organics",as appropriate. Sec. 24-95. —24-99.— Reserved. Article V. —SPECIAL WASTE COLLECTION AND TRANSPORTATION SERVICES PERMIT Sec. 24-100. — Permit required. Any person engaged in the collection and transport of special waste within the City must possess a current and valid permit issued by the City prior to providing collection and transportation services for special waste. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 13 of 21 63 Sec. 24-101. — Exemptions. (a) The following are exempt from the permit requirements in Section 24-100. (1) Any person living within the City and hauling personal materials,wastes, or other materials from their primary residence is exempt from the permitting requirements of this section. (2) Any person who transports special waste no more than three(3)times per any year period. (3) Any Liquid Waste Transporter permitted under the City of Denton -Code of Ordinances,Chapter 26, Division 3,as amended. (b) The Director may request documentation (i.e. trip tickets, bills of lading,etc.)to ensure compliance with this section. Sec. 24-102. — Permit application. (a) Any person engaged in the collection and transportation of special waste that is required to obtain a permit per Section 24-100 shall apply for a permit from the City in a manner required by the City and pay the required fee. (b) The application will include: (2) The name and business address of the applicant; (3) The name of the owner of all collection and transportation vehicles that will be used in special waste collection services located within the City; (4) A description of the special waste that will be hauled by the applicant; (5) The location where the special waste will be disposed of, including documentation sufficient to show the applicant is legally authorized to dispose at the specified location(s); (6) A description and the license number of all vehicles to be used in collecting and transporting the special waste within the City; and (7) Any other information which is reasonably necessary to administer this section as determined by the City. (c) By acceptance of the permit,the permittee agrees to comply with all requirements of the service agreement,carry specific types and amounts of insurance,submit reports,and pay necessary fees by the specified due dates. Sec. 24-103. — Permitting fees. (a) Application fees shall be paid at the time the application is submitted to the City. (b) Vehicle service fees established in the Utility Rate Ordinance shall be paid no later than the due date on the invoice sent by the City. (c) Vehicle service fees are non-transferable between vehicles. (d) All fees are non-refundable, including in the event no permit is obtained. Sec. 24-104. —Granting, denial, and revocation of a permit. (a) A permit provided for in Section 24-100 shall be granted only where the applicant has completed the following: (1) A service agreement form has been completed in full; (2) The applicant has no unresolved violations of this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 14 of 21 64 (b) The City reserves the right to revoke a granted permit at any time for failure to comply with this Chapter or to protect the health and safety of the public. (c) Any person whose permit is denied may: (1) Resubmit a fully completed service agreement; (2) Submit evidence that any violation with this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency has been resolved;or (3) Make an appeal to the Director. Sec. 24-105.—Vehicle service permit compliance requirements. (a) Special waste haulers must maintain a valid permit. (b) Permitted special waste service providers must submit quarterly reports: (1) Reports are to be submitted quarterly on the first business days of October,January,April,and July; (2) Reports should be provided by physical or electronic submission to the Director; (3) Reports shall contain: i. Hauler name,address,date,and quantity of material sent for diversion or disposal ii. Name of facility where material was sent (4) To be timely submitted,the report must be received by the City within twenty(20)calendar days of the end of the quarter. (5) Incomplete reports will not be accepted for filing and will be returned.Such reports will be considered untimely if not completed and returned within the deadline specified in subsection (4). (c) Decals: (1) Decals issued by the City shall be placed in a visible location by the permittee(s) upon each collection and transportation vehicle operating within the City; (2) Decals shall be current pursuant to the schedule in Section 24-107 and valid in accordance with the requirements of this subsection; (3) Decals must be clearly legible. (d) Waste manifests. For permitted haulers requiring waste manifests,the maintenance of these manifests by the permittee is a condition of compliance.All records may be reviewed by the City at the request of the Director for a duration of up to three(3)years. Sec. 24-106. — Permitting effective date and renewal. (a) Permits are issued and renewed annually beginning December 1 preceding the next calendar year during which the permit will be effective. (b) The permit's effective period is January 1 through December 31 of the same calendar year. (c) Permit fees are not prorated. (d) All permits, regardless of the date of issuance,will expire on December 31 of the year in which the permit became effective. (e) The application process shall be initiated, and fees shall be paid by November 15 for the upcoming calendar year so that adequate time is available for review and processing of the application. (f) Permittees currently permitted and choosing to reapply for a permit shall renew permits for the upcoming calendar year by submitting a renewal application by November 15. (g) All fees shall be paid with the submission of a renewal application. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 15 of 21 65 (h) The timely submission of a complete renewal application and the relevant fees will suffice to authorize the continuance of operations beyond December 31 until such time that the City makes a final determination on the approval of a permit renewal application. Sec. 24-107. — Reissuance of lost and damaged decals. (a) In order to have a duplicate decal issued,the original applicant for a permit must provide all information required in Section 24-102(b). (b) Any applicant for a duplicate decal shall submit sufficient evidence of the damage to the decal. (c) No fees will be imposed for a duplicate decal. Sec. 24-108. —Violations. (a) The City may issue a "No Operations"declaration and assess all applicable permit violation fees from the service provider if a service provider: (1) Performs collections or transports special waste in a vehicle within the City which has not been permitted; (2) Performs collections or transports special waste in any vehicle with an expired permit; (3) Performs some other permit violation; or (4) Does not make payment of the appropriate fees in a timely manner. (b) Once a service provider has been issued a "No Operations"declaration from the City,all services to be provided within the City are required to cease. (c) Each day and act of illegal operations during a "No Operations" period is a separate violation; any person, entity,or business engaged in the collection and transport of waste who violates the"No Operations" requirement prior to receipt of a permit or during any suspension of a permit period may be charged by the City an amount as established in the Utility Rate Ordinance per day for each day and act of violation of this ordinance. (d) Following the receipt of a "No Operations" declaration and prior to a service provider being reinstated to legally operate within the jurisdiction of the City,the service provider must meet with the City staff to update its application and service agreement. Once updated,the status of the permit will be determined. The City may reinstate, decline to renew, or revoke the permit. If the City agrees to reinstate the permit, the service provider must make payment of all monies owed to the City before the permit will be reinstated. Sec. 24-109. —24-199.— Reserved. Article VI. — COMMERCIAL RECYCLABLE MATERIALS COLLECTION AND TRANSPORTATION SERVICES PERMIT Sec. 24-200. — Permit required. (a) Any service provider engaged in the collection and transport of recyclable materials from commercial entities and operating within the City must possess a current and valid permit issued by the City prior to providing waste collection and transportation services. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 16 of 21 66 (b) Permits for collection and transportation services are required for recyclable materials and other materials collected for purposes of recycling, including construction and demolition (C&D)debris separated at the point of collection for delivery to another location for processing for recycling. Sec. 24-201. — Exemptions. (a) Any person living within the City and hauling personal recyclable materials to a recycling facility from their primary living residence is exempt from the permitting requirements of this section. (b) Any person who collects for transportation recyclable materials no more than three(3)times per any year period is exempt from the permitting requirements of this section but must register as exempt with the permitting authority. (c) The City is exempt from these permitting requirements when engaged in hauling recyclable materials pursuant to Sec. 24-3 and 24-202. Sec. 24-202. — Reclassification and disposal of recyclable materials. (a) Recyclable materials containers containing a significant amount of contamination, as determined by the City,will be considered municipal solid waste,and its collection may be considered a violation and subject to the actions and penalties provided for in Sec. 24-209 of this chapter.The Director will make the final determination of whether stored recyclable materials contain excessive contamination,which at the City's determination,shall cause the reclassification of these materials from recyclable materials to solid waste, thereby negating the ability of a service provider to transport this material within the City's jurisdiction under its recycling vehicle service permit. (b) The City has the authority to inspect the contents of any container located within the City's jurisdiction in order to determine the material contents of the container, so as to ensure compliance with the contamination requirements. Sec. 24-203. Permit application. (a) Any person engaged in the collection and transport of recyclable material from commercial operations that is required to obtain a permit per Section 24-200 shall apply for a recyclable materials service permit from the City. (b) A person, entity,or business engaged in the collection and transport of recyclable material from commercial entities shall make application to the City on forms provided for that purpose and pay the fee required by Sec.24-204.The application shall include the following information: (1) The name and address of the applicant. (2) The name of the owner of the collection and transportation vehicle for use in recyclable materials collection services located within the City. (3) A description of the recyclable material to be transported. (4) The location of the recycling facility to which the recyclable material will be transported, including proof,when required by the Director that the applicant is legally authorized to dispose of at the specified location. (5) A description and the license number of any vehicles to be used in collecting and transporting the recyclable material within the City. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 17 of 21 67 (6) Any other information which is reasonably necessary to administer this section as determined by the City. (c) By acceptance of the permit,the permittee agrees to execute and comply with all requirements of the vehicle service agreement,carry specific types and amounts of insurance,submit reports,and pay the necessary fees by the specified due date. Sec. 24-204. — Permitting fees. (a) Application fees and vehicle service fees shall be paid at the time of submittal of the permit application. The vehicle service fee schedule is found in the Utility Rate Ordinance. (b) Vehicle service fees are non-transferable between vehicles and containers. (c) All fees paid are non-refundable. (d) The permit applicant must pay the required fees and meet all permit requirements prior to the issuance of a permit. Sec. 24-205. —Granting of permit. (a) A permit provided for in Section 24-200 shall be granted only where the applicant has completed the following: (1) A service agreement form has been completed in full; (2) The applicant has no unresolved violations of this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency. (d) The City reserves the right to revoke a granted permit at any time for failure to comply with this Chapter or to protect the health and safety of the public. (b) Any person whose permit is denied may: (1) Resubmit a fully completed service agreement; (2) Submit evidence that any violation with this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency has been resolved; or (3) Make an appeal to the Director. Sec. 24-206. — Permit compliance requirements. (a) Recyclables service providers must maintain a valid permit. (b) Service providers must submit quarterly reports (1) Reports are submitted by calendar quarter. (2) Reports should be provided by physical or electronic submission to the Director. (3) Reports shall contain: i. Service provider's name, address,date, and quantity(weight or volume)of material sent for diversion or disposal ii. Name of facility where material was sent iii. Name of facility where residuals were sent (c) Incomplete reports will not be accepted for filing and will be returned.Such reports will be considered untimely if not completed and returned within the deadline specified in subsection(4). Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 18 of 21 68 (d) Decals: 1. Decals issued by the City shall be placed in a visible location by the permittee(s) upon all collection and transportation vehicles operating within the City. 2. Decals shall be current pursuant to the schedule in Section 24-208 and valid in accordance with the requirements of this subsection. 3. Decals must be clearly legible. Sec. 24-207.— Permitting effective date and renewal. (a) Permits are issued and renewed annually beginning December 1 preceding the next calendar year during which the permit will be effective. (b) The permit's effective period is January 1 through December 31 of the same calendar year. (c) Permit fees are not prorated. (d) All permits, regardless of the date of issuance,will expire on December 31 of the year in which the permit became effective. (e) The application process shall be initiated, and fees shall be paid by November 15 for the upcoming calendar year so that adequate time is available for review and processing of the application. (f) Permittees currently permitted and choosing to reapply for a permit shall renew permits for the upcoming calendar year by submitting a renewal application by November 15. (g) All fees shall be paid with the renewal application. (h) The timely submission of a complete renewal application and the relevant fees will suffice to authorize the continuance of operations beyond December 31 until such time that the City makes a final determination on the approval of a permit renewal application. Sec. 24-208. - Reissuance of lost and damaged decals. (a) In order to have a duplicate decal issued,the original applicant for a permit must provide all information required in Section 24-203(b). (b) Any applicant seeking a duplicate decal shall submit sufficient evidence of the damage to the decal. (c) No fee will be imposed for a duplicate decal. Sec. 24-209.—Violations. (a) The City may issue a "No Operations"declaration and assess all applicable permit violation fees from the service provider if a service provider: (1) Operates a vehicle within the City which has not been permitted; (2) Operates any piece of equipment with an expired permit; (3) Performs some other permit violation; or (4) Does not make payment of the appropriate fees in a timely manner. (b) Once a service provider has been issued a "No Operations"declaration from the City,all services to be provided within the City are required to cease. (c) Each day and act of illegal operations during a "No Operations" period is a separate violation;any person, entity,or business engaged in the collection and transport of waste who violates the"No Operations" requirement prior to receipt of a permit or during any suspension of a permit period may be charged by Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 19 of 21 69 the City an amount as established in the Utility Rate Ordinance per day for each day and act of violation of this ordinance. (d) Following the receipt of a "No Operations" declaration and prior to a service provider being reinstated to legally operate within the jurisdiction of the City,the service provider must meet with the City staff to update its application and service agreement. Once updated,the status of the permit will be determined. The City may reinstate, decline to renew,or revoke the permit. If the City agrees to reinstate the permit, the service provider must make payment of all monies owed to the City before the permit will be reinstated. Sec. 24-210. —24-299.— Reserved. Article VII. POSSESSION OF OPEN GLASS CONTAINERS IN FRY STREET DISTRICT Sec. 24-300. Definitions. The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Fry Street District refers to the area as described in Zoning Ordinance No.2000-045 as the Fry Street District. The Fry Street District is generally 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 southeast,and Hickory Street to the southwest,which is depicted in Exhibit A* attached to Ordinance No. 2005-256 and made a part hereof by reference. Glass container means any glass bottle or receptacle,closed or capable of being closed. Sec. 24-301. Prohibition of open glass containers. (a) Prohibitions. No person shall possess within the Fry Street District upon or immediately adjacent to any right- of-way,street,sidewalk, pedestrian way,or parking area,any glass container which is open or has been previously opened except for use on the premises where the glass containers are acquired. (b) Exemptions. Notwithstanding any other provision of this section, nothing in this section shall prohibit the possession of the following glass containers in the Fry Street District: (1) Baby bottles containing products for consumption by babies; (2) Glass drug containers containing prescription drugs; (3) Glass containers that are being transported in a trash bag directly to a trash or recycling container for disposal or recycling purposes; (4) Glass lined vacuum picnic containers or thermos bottles,and (5) Any container as permitted by Texas Alcoholic Beverage Code Ann.28.10(b). Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 20 of 21 70 Sec. 24-302. Discretion of police officer. Whenever any police officer shall, in the exercise of reasonable judgment,decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 24-101(a), he may, if he deems it necessary for the preservation of public peace and safety,order that person to leave that place and surrender the open glass container.Any person who shall refuse to leave or surrender an open glass container after being ordered to do so by a police officer shall be in violation of this section. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 21 of 21 71 K� crry 3. OF DENTON City of Denton _� t Proposed Solid Waste Ordinance Update to Include Commercial Diversion Tammy Clausing Assistant Director Solid Waste and Recycling Department April 4, 2023 72 Agenda • Background • Metrics/Trends/Problems • Components of the Commercial Diversion Article • Public Engagement Opportunities • Public Meeting Feed Back • Solid Waste Ordinance Updates • Next Steps • Request for Direction DENTON April 4, 2023 ID23-383 73 Background • July 2022 - Adopted Comprehensive Solid Waste Management Strategy • Alignment with Council's Key Focus Area of Promoting Sustainability and the Environment • November 2022 - Council Work Session on introduction Comprehensive Diversion Ordinance (CDO) DENTON April 4, 2023 ID23-383 74 Metrics/Trends/ Problems • Current Commercial Diversion Rate is 3% equaling 2,448 tons • Current Commercial Recycling Participation Rate is 17% equaling 483 customers • 2020 Waste Characterization Study showed that 42%-55% Commercial trash comprised of programmatic materials • Donation Box concerns • Northlakes Recycling Center Update • Solid Waste Ordinance inadequacies • Limited enforcement capability for illegal containers, overflowing materials, and contamination • The Service Assistance(Porch Collection) Program and Valet Services are not considered • Outdated 3rd Party Permitting and Yard Waste articles • Commercial Recycling/Diversion is not required cm or' DENTON April 4, 2023 ID23-383 75 Components of the Commercial Diversion Article • Require ALL entities to implement a diversion/recycling program • Requirements from Customers • Submit a diversion plan annually • The choices for diversion of Programmatic Materials will be contract with the City of Denton or a 3rd Party • The choices for Non-Programmatic Materials will be contract with a 3rd Party or perform in-house • Requirements from 3rd Party Diversion Vendors or In-House programs • Obtain Permit with City (currently implemented) • Send quarterly diversion tonnages to the City DENTON April 4, 2023 ID23-383 76 Public Engagement Opportunities • Mailings to commercial/multifamily customers informing them of the Commercial Diversion Article and opportunities to comment • Made online public comment available starting Feb. 3 • Held Public Meeting at the Civic Center on Feb. 16 • Posted Redline and Clean versions of revised the Solid Waste Ordinance on Feb. 28 thru April 4t" for continued public comment DENTON April 4, 2023 ID23-383 77 Public Feedback • Concerns with legal non-conform i ng/g ra ndfathered properties, unique layouts, and enough room for another container • Assured meeting attendees that we would handle unique situations and layouts individually and create a plan/solution that fit their business • Asked for clearer wording on what type of diversion would be acceptable • In our letter to commercial businesses and online Diversion Plan portal for implementation of Commercial Diversion Article we would outline acceptable diversionary materials. For example used motor oil, plastic film, textiles, scrap metal all are non-programmatic materials that are acceptable for a diversion plan. DENTON 111110 April 4, 2023 ID23-383 78 Ordinance Updates • The City will remain sole provider of residential trash and recycling of programmatic materials and commercial trash • Include Porch Collection Service, Valet Services, and Commercial Diversion • Update 3rd Party Permitting and Yard Waste articles • Updates for illegal containers, overflowing materials, and contamination • Which may lead to other ordinances updates to help with implementation DENTON April 4, 2023 ID23-383 79 Status and Next Steps Public Meeting Feb. 16 Draft Ordinance Council Work Session Completed Feb. 28 P.U.B & Council Approval Implementation Start March 2023 June 2023 June 2024 February 2023 April 2023 December 2023 P.U.B Work Session Mar. 27 Outreach Start Implementation Completion DENTON April 4, 2023 ID23-383 80 What does implementation look like? • Phases • There will be five groups made from the 2803 commercial customers • Each group will be phased by months over a five month period starting in June 2023 • Communications • A letter will be sent out as each group/phase comes online • Customers who are currently commercial recycling customers with the City of Denton will receive a letter stating the new ordinance and informing the customer that they don't need to do anything unless they change/update their diversion plan • Customers will be given a six month time frame to implement/submit their diversion plan • Feedback and reporting • SWR team will be following up with customers as needed based on their grouping and diversion plan cm � 1 DENTON April 4, 2023 ID23-383 81 Request for Direction • To move forward with rewrite of Solid Waste Ordinance and include a Commercial Diversion Article • Other Direction DENTON April 4, 2023 ID23-383 82 Discuss'ion and Q Tammy Clausing Assistant Director Solid Waste and Recycling Department DENTON April 4, 2023 ID23-383 83 K� crry 3. OF DENTON City of Denton _� t Proposed Solid Waste Ordinance Update to Include Commercial Diversion Tammy Clausing Assistant Director Solid Waste and Recycling Department March 27, 2023 84 Agenda • Background • Metrics/Trends/Problems • Components of the Commercial Diversion Article • Public Engagement Opportunities • Public Meeting Feed Back • Solid Waste Ordinance Updates • Next Steps • Request for Direction DENTON March 27, 2023 PUB 23-038 85 Background • July 2022 - Adopted Comprehensive Solid Waste Management Strategy • Alignment with Council's Key Focus Area of Promoting Sustainability and the Environment • November 2022 - Council Work Session on introduction Comprehensive Diversion Ordinance (CDO) DENTON March 27, 2023 PUB 23-038 86 Metrics/Trends/ Problems • Current Commercial Diversion Rate is 3% equaling 2,448 tons • Current Commercial Recycling Participation Rate is 17% equaling 483 customers • 2020 Waste Characterization Study showed that 42%-55% Commercial trash comprised of programmatic materials • Donation Box concerns • Northlakes Recycling Center Update • Solid Waste Ordinance inadequacies • Limited enforcement capability for illegal containers, overflowing materials, and contamination • The Service Assistance(Porch Collection) Program and Valet Services are not considered • Outdated 3rd Party Permitting and Yard Waste articles • Commercial Recycling/Diversion is not required 4.1' amm DENTON March 27, 2023 PUB 23-038 87 Components of the Commercial Diversion Article • Require ALL entities to implement a diversion/recycling program • Requirements from Customers • Submit a diversion plan annually • The choices for diversion of Programmatic Materials will be contract with the City of Denton or a 3rd Party • The choices for Non-Programmatic Materials will be contract with a 3rd Party or perform in-house • Requirements from 3rd Party Diversion Vendors or In-House programs • Obtain Permit with City (currently implemented) • Send quarterly diversion tonnages to the City DENTON March 27, 2023 PUB 23-038 88 Public Engagement Opportunities • Mailings to commercial/multifamily customers informing them of the Commercial Diversion Article and opportunities to comment • Made online public comment available starting Feb. 3 • Held Public Meeting at the Civic Center on Feb. 16 • Posted Redline and Clean versions of revised the Solid Waste Ordinance on Feb. 28 thru April 4th for continued public comment DENTON March 27, 2023 PUB 23-038 89 Public Feedback • Concerns with legal non-conform i ng/g ra ndfathered properties, unique layouts, and enough room for another container • Assured meeting attendees that we would handle unique situations and layouts individually and create a plan/solution that fit their business • Asked for clearer wording on what type of diversion would be acceptable • In our letter to commercial businesses and online Diversion Plan portal for implementation of Commercial Diversion Article we would outline acceptable diversionary materials. For example used motor oil, plastic film, textiles, scrap metal all are non-programmatic materials that are acceptable for a diversion plan. DENTON March 27, 2023 PUB 23-038 90 Ordinance Updates • The City will remain sole provider of residential trash and recycling of programmatic materials and commercial trash • Include Porch Collection Service, Valet Services, and Commercial Diversion • Update 3rd Party Permitting and Yard Waste articles • Updates for illegal containers, overflowing materials, and contamination • Which may lead to other ordinances updates to help with implementation DENTON March 27, 2023 PUB 23-038 91 Status and Next Steps Public Meeting Feb. 16 Draft Ordinance Council Work Session Completed Feb. 28 P.U.B & Council Approval Implementation Start March 2023 June 2023 June 2024 February 2023 April 2023 December 2023 P.U.B Work Session Mar. 27 Outreach Start Implementation Completion DENTON March 27, 2023 PUB 23-038 92 What does implementation look like? • Phases • There will be five groups made from the 2803 commercial customers • Each group will be phased by months over a five month period starting in June 2023 • Communications • A letter will be sent out as each group/phase comes online • Customers who are currently commercial recycling customers with the City of Denton will receive a letter stating the new ordinance and informing the customer that they don't need to do anything unless they change/update their diversion plan • Customers will be given a six month time frame to implement/submit their diversion plan • Feedback and reporting • SWR team will be following up with customers as needed based on their grouping and diversion plan 4.1' amm 1 DENTON March 27, 2023 PUB 23-038 93 Request for Direction • To move forward with rewrite of Solid Waste Ordinance and include a Commercial Diversion Article • Other Direction DENTON March 27, 2023 PUB 23-038 94 Discuss'ion and Q Tammy Clausing Assistant Director Solid Waste and Recycling Department DENTON March 27, 2023 PUB 23-038 95 Policy and Worksession Requests smartsheet Date Received Council Member Requestor Action Summary of Request Staff Assigned Department .. 1 06/02/23 Council Member Meltzer Council Member Scheduled Two Minute Pitch:Workforce Development Fee. Danielle Shaw Community Services Scheduled for the June 27 Council meeting. 06/09/23 Council Member Meltzer Council Member Scheduled Two-Minute Pitch: PEC multimodal path development. Becky Diviney, Gary Packan Capital Projects/Engineering Parks Scheduled for the July 18 Council meeting. 06/08/23 Council Member Watts Mayor Pro Resident Complete Inquiry regarding a group home on Kayewood Dr. Scott McDonald Development Services Information included in the June I Q Tern Beck 16 Friday Report. 4 06/09/23 Mayor Pro Tern Beck Resident Complete Inquiry regarding overgrown grass on Nicosia St. Gary Packan Parks Information included in the June Q 16 Friday Report. 5 06/10/23 Council Member Byrd Council Member Complete Request for a construction update on Bradshaw/Prairie. Becky Diviney,Trevor Crain Capital Projects/Engineering Information included in the June Q 16 Friday Report. 6 06/10/23 Council Member Meltzer Council Resident Complete Inquiry regarding an unpermitted structure on Wisteria Scott McDonald Development Services Information included in the June Q Member Watts in Denia neighborhood. 16 Friday Report. 7 06/10/23 Mayor Hudspeth Other Complete Request to contact individuals regarding traffic/crowd Doug Shoemaker Police Referred to the Police control. Department. 8 06/11/23 Council Member Meltzer Council Member Complete Street lights too dim on Stoneridge and Southridge. Antonio Puente Capital Projects/Engineering DME Information included in the June Q 16 Friday Report. 9 06/11/23 Council Member Meltzer Council Member Complete Grass needing to be replaced and treated for stickers Gary Packan Parks Information included in the June 0 at park. 16 Friday Report. 10 06/11/23 Council Member Meltzer Council Member Complete Report status/timing of Joe Skiles park modifications, Gary Packan Parks Information included in the June Q including irrigation/walking trail. 16 Friday Report. 11 06/11/23 Council Member Meltzer Council Member Complete Storm drain rehab. in Southridge is periodically Becky Diviney, Ethan Cox Capital Projects/Engineering Public Information included in the June 0 overwhelmed. Works 16 Friday Report. 12 06/11/23 Council Member Meltzer Mayor Resident Complete Internet concerns on Brooklake Becky Diviney Capital Projects/Engineering Public Information included in the June 0 Hudspeth Works 16 Friday Report. 13 06/11/23 Council Member McGee Council Resident Complete Inquiry regarding individuals residing in a vacant home Danielle Shaw, Doug Community Services Police Information included in the June Q Member Watts without permission on Anysa Ln. Shoemaker 16 Friday Report. 14 06/12/23 Council Member Meltzer Council Member Complete Inquiry regarding Downtown SAP(Small Area Plan) Cassey Ogden CMO Council will review at June 27 City timing. Council meeting. 15 06/12/23 Council Member Byrd Council Member Complete Inquiry regarding SED Area Plan. Scott McDonald,Tina Firgens Development Services Referred to Development Services 16�06/13/23 Council Member Meltzer Mayor Pro Council Member Complete Inquiry regarding cooling station operating hours& Frank Dixon CMO Information included in the June 0 Tern Beck transportation. 16 Friday Report. 17f 06/13/23 Mayor Pro Tern Beck Council Member Complete Request for grant application statistics. Daniel Jones Finance Information included in the June 0 16 Friday Report. 18 06/13/23 Council Member Meltzer Council Member Complete Inquiry regarding the lifespan of utility box wraps. Christine Taylor CMO Lifespan is approximately 5-7 years. 19 06/14/23 Council Member Meltzer Council Member Complete Inquiry regarding CBO Informal Staff Report. Cassey Ogden CMO Tentatively scheduled for inclusion in the June 30 Friday Report. 20 06/11/23 Council Member Meltzer Council Member Complete Update park with good pavilion and safety fence by Gary Packan Parks Information included in the June Q service road at Joe Skiles Park. 16 Friday Report. 21 06/13/23 Council Member McGee Resident Complete Request to address trash,grass,and panhandling Becky Diviney, Danielle Shaw, Capital Projects/Engineering Information included in the June Q concerns at University Dr and 1-35. Gary Packan Community Services Parks 16 Friday Report. 22 06/09/23 Council Member Meltzer Council Member Complete Inquiry regarding pedestrian safety on W.Oak/Hickory. Becky Diviney Capital Projects/Engineering Information included in the June 0 16 Friday Report. 06/09/23 Mayor Hudspeth Other Complete Request to contact business owner on Elm St. Becky Diviney,Wayne Capital Projects/Engineering Economic Information included in the June 0 23 regarding traffic related concerns and opportunities for Emerson Development 16 Friday Report. assistance. 24 06/10/23 Council Member Meltzer Resident Complete Shared email regarding traffic signal ambiguity at Becky Diviney Capital Projects/Engineering Information included in the June Locust&Hickory St. 16 Friday Report. 25 06/11/23 Council Member Meltzer Council Member Complete Request for a traffic light evaluation for Teasley at Becky Diviney Capital Projects/Engineering Information included in the June Pennsylvania&Long Ridge. 16 Friday Report. 26 06/11/23 Council Member Meltzer Council Member Complete Request for speeding/traffic calming solutions on Becky Diviney, Dwight Capital Projects/Engineering Information included in the June 0 Southridge, Longridge,and Lynnhurst. Buchanan 16 Friday Report. 27 06/11/23 Council Member Meltzer Council Member Complete Road condition concerns on Hollyhill between Becky Diviney, Ethan Cox Capital Projects/Engineering Information included in the June Q Southridge Dr.and Tennyson Trail,and on Skylark. 16 Friday Report. 28�06/11/23 Council Member Meltzer Council Member Complete 18-wheelers parking on the access road to Buccee's. Becky Diviney, Doug Capital Projects/Engineering Police Information included in the June 0 Shoemaker 16 Friday Report. 29�06/12/23 Council Member Meltzer Resident Complete Request to contact resident regarding construction Becky Diviney,Scott McDonald Capital Projects/Engineering Information included in the June 0 timeline on Corbin Rd. Development Services 16 Friday Report. 30 06/11/23 Council Member Meltzer Council Member Complete Engage Denton app out of date on Android device. Monica Benavides CMO Tech Services Information included in the June Q 16 Friday Report. Exported on June 16,2023 2:30:27 PM CDT 96 Page 1 of 4 Date Received Council Member Requestor - Summary of Request Department 10"Mm. 31 06/05/23 Council Member Byrd Other = Complete Inquiry regarding TIRZ boundaries. Wayne Emerson Economic Development Information included in the June 16 Friday Report. 32�06/08/23 Council Member Holland Council Member In Progress Inquiry regarding Civic Center pool hours. Gary Packan Parks Information will be included in a future Friday Report. 33I 06/11/23 Mayor Pro Tem Beck Council Member In Progress Inquiry regarding property acquisition near Clear Christine Taylor CMO Information will be included in a Creek. future Friday Report. Exported on June 16,2023 2:30:27 PM CDT 97 Page 2 of 4 Comments Row 1: Two Minute Pitch: Workforce Development Fee. Monica Benavides(monica.benavides@cityofdenton.com) I June 5,2023 1:56 PM From: Meltzer, Paul(Paul.Meltzer2@cityofdenton.com) Sent: Sat Jun 03, 2023 08:16 AM Let's do it. Sent from my iPhone > On Jun 2, 2023, at 5:19 PM, Taylor, Christine C. wrote: > Good Afternoon CM Meltzer, >This meets the criteria for a two-minute pitch. If you would like to proceed we can get this on the June 27th agenda. > Have a great weekend. > Christine Taylor >Assistant City Manager > 215 E. McKinney St > Denton, Texas 76201 > Office: (940) 349-7889 >www.cityofdenton.com > -----Original Message----- • From: Meltzer, Paul > Sent: Friday, June 2, 2023 8:02 AM >To: CMO Group ; Beck, Brian ; McGee, Brandon Chase > Subject: Workforce Development Fee > Group, > Sorry for the deluge. Back from vacation and clearing out my To Do inbox. > Please advise whether this request would require a two-minute pitch. > In my last term I investigated an idea to monetize the development pressure in Denton to subsidize community college (or technical school) scholarships to low income applicants in the building trades as a way to develop our local workforce to more fully participate in the benefits of growth . The approach I took at the time was to seek to set aside a portion of impact fees for this purpose. I learned at that time that impact fees must be used for the specific purposes already enumerated. > So my question is what other policy options—other than using impact fees—would be available to meet the same goal? Is it simply a matter of adding another dedicated fee? Not saying whether this is a good idea or a bad idea just want to know what other mechanisms would be options for monetizing new development pressure to fund low income applicants entering into building trades. Exported on June 16,2023 2:30:27 PM CDT 98 Page 3 of 4 >With best wishes, > Paul > Sent from my iPhone Exported on June 16,2023 2:30:27 PM CDT 99 Page 4 of 4 FY 22/23 Council Requests Number of Requests Per Quarter Total Requests Made by Council Member Requests by Department 200 123 128 159 150 Community Svcs Enviro.Svcs W 100 100 Animal Svcs 1 0 Strategic Svcs 0 Capital Projects 0122/Z3 Q2 22l23 Q3 22l23 Q4 22123 50 . ' ■ HR ■Water Utilities ■ CSO � 0 DME M CMO Library I Legal Please Note:the total number of requests per council member or department may A�.>a Grp �� QaJ` �� Fire ■ not match,as several council members and/or departments may be associated ��a ��� Police with a single request. QNo Tech Services Airport Marketing&Comms Customer Service ■ Economic Dev ■ Development Svcs Council Number of Pending Requests by Council Member Finance ■ Requests Audit Re q Municipal Court 1 40 Procurement 1 33 21 Solid Waste&Recycling ■ 20 3 3 5 3 2 1 Risk 0 Parks&Rec � �590 -1gyt6 Bedl a`NaNNs ttcGee M6vec Nopa14 Other f Ge��N �f�' � Gho won Craw Pa�1 J� 0 50 100 llh1 ,N`O Mayo Bea 100 City of Denton City Hall 215 E.McKinney St. Meeting Calendar Denton,Texas 76201 U E 1VTO N www.cityofdenton.com Criteria : Begin Date: 61112023, End Date: 813112023 Date Time Meeting Body Meeting Location June 2023 6/1/2023 8:00 AM Agenda Committee CANCELLED 6/1/2023 8:30 AM Economic Development Partnership CANCELLED Board 6/1/2023 4:00 PM Public Art Committee Civic Center Community Room 6/1/2023 6:00 PM Special Citizens Bond Advisory Development Services Center Committee 6/5/2023 5:30 PM Board of Ethics Council Work Session Room 6/5/2023 6:00 PM Parks, Recreation and Beautification Civic Center Community Room Board 6/6/2023 2:00 PM City Council Council Work Session Room Council Chambers 6/7/2023 6:00 PM Special Citizens Bond Advisory Development Services Center Committee 6/8/2023 3:00 PM Health&Building Standards Development Service Center Commission 6/9/2023 12:00 PM Community Services Advisory Development Service Center Committee 6/10/2023 8:00 AM Special Citizens Bond Advisory Development Services Center Committee 6/12/2023 9:00 AM Public Utilities Board Council Work Session Room 6/12/2023 10:00 AM Development Code Review Committee Development Service Center 6/12/2023 5:30 PM Historic Landmark Commission Council Work Session Room 6/12/2023 5:30 PM Library Board CANCELLED 6/13/2023 9:00 AM Committee on the Environment Council Work Session Room 6/14/2023 11:00 AM Economic Development Partnership Development Service Center Board Training Rooms 6/14/2023 3:00 PM Airport Advisory Board CANCELED 6/14/2023 5:30 PM Planning and Zoning Commission Council Work Session Room Council Chambers 6/15/2023 6:00 PM Special Citizens Bond Advisory Development Service Center Committee City of Denton Page 1 Printed on 6/16/2023 101 Meeting Calendar continued.. Date Time Meeting Body Meeting Location 6/21/2023 8:00 AM Community Partnership Committee Council Work Session Room 6/22/2023 5:30 PM Board of Ethics Council Work Session Room 6/23/2023 1:00 PM Sustainability Framework Advisory Council Work Session Room Committee 6/23/2023 1:30 PM Southeast Denton Area Plan Steering Development Service Center Committee 6/23/2023 5:00 PM City Council Development Service Center 6/24/2023 8:30 AM City Council Development Service Center 6/26/2023 9:00 AM Public Utilities Board Council Work Session Room 6/26/2023 10:00 AM Development Code Review Committee CANCELLED 6/26/2023 5:30 PM Zoning Board of Adjustment CANCELLED 6/26/2023 6:00 PM Special Citizens Bond Advisory Development Service Center Committee 6/27/2023 2:00 PM City Council Council Work Session Room Council Chambers 6/28/2023 10:00 AM Mobility Committee Council Work Session Room 6/28/2023 1:00 PM Civil Service Commission CANCELLED 6/28/2023 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers July 2023 7/6/2023 8:00 AM Agenda Committee Council Work Session Room 7/6/2023 8:30 AM Economic Development Partnership CANCELLED Board 7/6/2023 6:00 PM Special Citizens Bond Advisory Development Service Center Committee 7/10/2023 9:00 AM Public Utilities Board Council Work Session Room 7/10/2023 10:00 AM Development Code Review Committee CANCELLED 7/10/2023 5:30 PM Historic Landmark Commission Development Service Center 7/10/2023 5:30 PM Library Board Meeting Room at the South Branch Library, 3228 Teasley Lane, Denton, Texas 7/10/2023 6:00 PM Parks, Recreation and Beautification Civic Center Community Room Board 7/11/2023 9:00 AM Committee on the Environment Council Work Session Room 7/12/2023 11:00 AM Economic Development Partnership Development Service Center Board Training Rooms City of Denton Page 2 Printed on 6/16/2023 102 Meeting Calendar continued.. Date Time Meeting Body Meeting Location 7/12/2023 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 7/13/2023 3:00 PM Health&Building Standards Development Service Center Commission Training Rooms 1 and 2 401 N. Elm Street, Denton 7/14/2023 12:00 PM Community Services Advisory CANCELLED Committee 7/17/2023 5:30 PM Traffic Safety Commission Development Service Center 7/18/2023 2:00 PM City Council Council Work Session Room Council Chambers 7/19/2023 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers 7/20/2023 3:00 PM Committee on Persons with Disabilities Development Service Center 7/24/2023 9:00 AM Public Utilities Board Council Work Session Room 7/24/2023 10:00 AM Development Code Review Committee Development Service Center 7/25/2023 2:00 PM City Council Council Work Session Room Council Chambers 7/26/2023 10:00 AM Mobility Committee Council Work Session Room 7/26/2023 12:00 PM Downtown Denton Tax Increment Development Service Center Financing Zone No. 1 Board Training Rooms 7/28/2023 1:00 PM Sustainability Framework Advisory Council Work Session Room Committee 7/31/2023 5:30 PM Internal Audit Advisory Committee Council Work Session Room 7/31/2023 5:30 PM Zoning Board of Adjustment Development Service Center August 2023 8/1/2023 2:00 PM City Council Council Work Session Room Council Chambers 8/3/2023 8:00 AM Agenda Committee Council Work Session Room 8/3/2023 8:30 AM Economic Development Partnership Development Service Center Board Training Rooms 8/3/2023 4:00 PM Public Art Committee Civic Center Community Room 8/5/2023 9:00 AM City Council Council Work Session Room Council Chambers 8/7/2023 6:00 PM Parks, Recreation and Beautification Civic Center Community Room Board 8/8/2023 9:00 AM Committee on the Environment Council Work Session Room City of Denton Page 3 Printed on 6/16/2023 103 Meeting Calendar continued.. Date Time Meeting Body Meeting Location 8/9/2023 11:00 AM Economic Development Partnership Development Service Center Board Training Rooms 8/9/2023 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 8/9/2023 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers 8/14/2023 10:00 AM Development Code Review Committee Development Service Center 8/14/2023 5:30 PM Historic Landmark Commission Development Service Center 8/14/2023 5:30 PM Library Board Meeting Room at the Emily Fowler Central Library, 502 Oakland St., Denton, Texas 8/15/2023 2:00 PM City Council Council Work Session Room Council Chambers 8/23/2023 10:00 AM Mobility Committee Council Work Session Room 8/23/2023 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers 8/25/2023 1:00 PM Sustainability Framework Advisory Council Work Session Room Committee 8/28/2023 10:00 AM Development Code Review Committee Development Service Center 8/28/2023 5:30 PM Zoning Board of Adjustment Development Service Center City of Denton Page 4 Printed on 6/16/2023 104 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com Meeting Agenda City Council Friday,June 23, 2023 5:00 PM Development Service Center City Council Retreat - Day 1 CITY COUNCIL RETREAT BEGINS AT 5:00 P.M. IN THE DEVELOPMENT SERVICE CENTER CITY COUNCIL WILL RECESS THE RETREAT AT 7:00 P.M. CITY COUNCIL WILL RECONVENE THE RETREAT AT 8:30 A.M. ON SATURDAY, JUNE 24, 2023 IN THE DEVELOPMENT SERVICE CENTER After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Retreat on Friday, June 23, 2023, at 5:00 p.m. in the Development Service Center Training Rooms 3, 4, and 5 at 401 N Elm Street,Denton,Texas at which the following item will be considered: 1. ITEM FOR DISCUSSION ID 23-562 Hold a retreat, workshop, and discussion facilitated by Strategic Government Resources, Inc and give staff direction and priorities regarding governance challenges, policy development, and specific goals for the 2023-2024 fiscal year concerning any and all operations of the City of Denton city government. NOTE: The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda, in accordance with the Texas Open Meetings Act, 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 official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on June 20, 2023, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. OFFICE OF THE CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS 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 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page I Printed on 6/16/2023 105 City Council Meeting Agenda June 23,2023 Page 2 Printed on 611612023 106 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 ► . www.cityofdenton.com Meeting Agenda City Council Saturday,June 24,2023 8:30 AM Development Service Center City Council Retreat Continued - Day 2 CITY COUNCIL RETREAT RECONVENES AT 8:30 A.M. IN THE DEVELOPMENT SERVICE CENTER After determining that a quorum is present, the City Council of the City of Denton, Texas will reconvene in a Retreat on Saturday, June 24, 2023, at 9:00 a.m. in the Development Service Center Training Rooms 3, 4, and 5 at 401 Elm Street,Denton,Texas at which the following items will be considered: 1. ITEM FOR DISCUSSION ID 23-1223 Receive training and hold a discussion regarding the City of Denton Code of Ordinances Chapter 2,Article XI(Ethics). [Estimated Presentation/Discussion Time: 20 minutes] ID 23-562 Hold a retreat, workshop, and discussion facilitated by Strategic Government Resources, Inc and give staff direction and priorities regarding governance challenges, policy development, and specific goals for the 2023-2024 fiscal year concerning any and all operations of the City of Denton city government. NOTE: The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda, in accordance with the Texas Open Meetings Act, 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 official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on June 20, 2023, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. OFFICE OF THE CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS 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 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page I Printed on 6/16/2023 107 City Council Meeting Agenda June 24,2023 Page 2 Printed on 611612023 108 Cityof Denton City Hall 215 E. McKinney St. . Denton,Texas 76201 www.cityofdenton.com i Meeting Agenda City Council Tuesday,June 27,2023 2:00 PM Council Work Session Room Council Chambers Special Called Meeting WORK SESSION BEGINS AT 2:00 P.M.IN THE COUNCIL WORK SESSION ROOM CLOSED MEETING BEGINS IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE CLOSED MEETING IN THE COUNCIL CHAMBERS CITY COUNCIL CONSIDERATION OF THE PUBLIC HEARING ITEM(S)WILL BEGIN AT 6:30 P.M.IN THE COUNCIL CHAMBERS REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Individuals may speak during a Council meeting under one of the following categories: Open Microphone: At regular meetings only, individuals can speak on any topic that is not on the agenda for no longer than four (4) minutes per individual. This portion of the meeting occurs immediately after the start of the regular meeting session. Please note, Council members cannot engage in a discussion on topics presented during this portion and there are limited slots available for this portion of the meeting. Comments on Agenda Items: Public comments can be given for any item considered by the Council, EXCEPT work session reports or closed meetings. Individuals are only able to comment one time per agenda item and cannot use more than one method to comment on a single agenda item. Public comments are limited to three(3)minutes per citizen. Public Hearing Items: Individuals are limited to four(4)minutes per public hearing item. Individuals may participate by using one of the following methods: 1. In Person for Regular or Consent Agenda Items: City of Denton Page 1 Printed on 6/16/2023 109 City Council Meeting Agenda June 27,2023 To provide in-person comments regular or consent agenda items (excluding public hearing items), Individuals must be present at the meeting and submit a speaker card (available at the meeting location)to the City Secretary prior to the item being called. 2. In Person for Public Hearing Items: For public hearing items, speaker cards are encouraged but not required. 3. eComment: The agenda is posted online at https://tx-denton.civicplus.com/242/Public-Meetings-Agendas. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Using eComment, Individuals may indicate support or opposition and submit a brief comment about a specific agenda item. eComments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. eComments will be sent directly to members of the City Council immediately upon submission and recorded by the City Secretary into the Minutes of the Meeting. 4. By Phone: Individuals may register to provide comments by phone. Instructions and a link to register to comment by phone will be available at www.cityofdenton.com/publicmeetings until noon of the meeting date. Residents will submit contact information using the link provided and receive further instructions via email on how to join the meeting by phone and provide comments. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, June 27, 2023, at 2:00 p.m. in the Council Work Session Room at City Hall,215 E. McKinney Street,Denton,Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person who wishes to address the City Council regarding these items may do so by utilizing the "By Phone" registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call. 2. Requests for clarification of agenda items listed on this agenda. This section includes questions members of the City Council direct to staff on any item listed on this agenda. Answers are compiled in a report and provided to the City Council and members of the public by clicking on Exhibit 1 of the item below. The link found within the document will provide access to the supporting documentation. The report will be available prior to start of the meeting. Any handouts distributed at the meeting will also be uploaded to the below link by 12:00 p.m. on the business day following the meeting. A. ID 23-637 Meeting Questions,Responses&Handouts City ofDenton Page 2 Printed on 6/16/2023 110 City Council Meeting Agenda June 27, 2023 3. Work Session Reports A. ID 23-1173 Receive a report, hold a discussion, and give staff direction regarding a potential amendment to the Fiscal Year 2022-23 Annual Internal Audit Plan. [Estimated Presentation/Discussion Time: 15 minutes] B. ID 23-268 Receive a report, hold a discussion, and give staff direction regarding the FY 2023-24 Capital Budget. [Estimated Presentation/Discussion Time: 1 hour] C. ID 23-601 Receive a report and hold a discussion on the Police Department Overview. [Estimated Presentation/Discussion Time: 30 minutes] D. ID 23-383 Receive a report, hold a discussion, and give staff direction regarding the Solid Waste and Recycling Rewrite of the Solid Waste Ordinance and addition of a commercial diversion article. [Estimated Presentation/Discussion Time: 45 minutes] E. ID 23-1136 Receive a report, hold a discussion, and give staff direction regarding the nominations of Council members to standing and ad hoc boards, committees, and other internal/external groups, and the associated nomination and appointment processes. [Estimated Presentation/Discussion Time: 45 minutes] F. ID 23-217 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: (1) Request for staff to research and prepare and Informal Staff Report (ISR) on workforce development fees. [Estimated Presentation/Discussion Time: 30 minutes] Following the completion of the Work Session, the City Council will convene in a Closed Meeting in the Council Work Session Room to consider specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended,or as otherwise allowed by law. 1. Closed Meeting: A. ID 23-1182 Deliberations regarding Real Property Under Texas Government Code Section 551.072; Receive information from staff, discuss, deliberate, and provide staff with direction pertaining to the potential acquisition of certain real property interests located near Hartlee Field Road, in and around the J. Douthitt Survey, Abstract Number 329, and on Ryan Road, in and around the T. Labor Survey, Abstract Number 779; and N. Britton Survey, Abstract Number 051, each in the City of Denton, Denton County, Texas where a public deliberation of such potential acquisitions would have a detrimental effect on the City's position in negotiations with third parties. B. ID 23-1261 Consultation with Attorneys-Under Texas Government Code Section 551.071 Consult with City attorneys regarding adoption of an ordinance of the City of City of Denton Page 3 Printed on 6/16/2023 ill City Council Meeting Agenda June 27,2023 Denton, Texas regarding a reasonable accommodation in accordance with the Federal Fair Housing Act related to the maximum number of unrelated persons occupying a dwelling located at 2413 Kayewood Drive in the City of Denton, Denton County, Texas, where public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City's legal position. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. NOTE: Any item for which a formal action at the Special Called Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Following the Closed Meeting, the City Council will convene in a Special Called Meeting in the Council Chambers to consider the following items: 4. CONSENT AGENDA Each of these items is recommended by Staff or a board, commission, and committee. Approval thereof will be strictly on the basis of the those recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. For those items recommended by a specific board, commission, or committee, the agenda item will reference that recommendation. To view the video of the related board, commission, or committee meeting, as applicable, a link can be found within the applicable supporting documentation (Exhibit 1). Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — AE). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion,they may be considered as the first items following approval of the Consent Agenda. A. ID 23-032 Consider approval of the minutes of the June 6,2023 Meeting. B. ID 23-062 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Airport Advisory Board, Animal Shelter Advisory Committee, Board of Ethics, Committee on Persons with Disabilities, Community Services Advisory City of Denton Page 4 Printed on 6/16/2023 112 City Council Meeting Agenda June 27,2023 Committee, Denton Police Department Chief of Police Advisory Board, Health & Building Standards Commission, Historic Landmark Commission, Internal Audit Advisory Committee, Library Board, Parks, Recreation & Beautification Board, Planning & Zoning Commission, Public Art Committee, Public Utilities Board, Special Citizens Bond Advisory Committee, Sustainability Framework Advisory Committee,Traffic Safety Commission,and Zoning Board of Adjustment. C. ID 23-909 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute Amendment 1 to an Agreement with Denton Affordable Housing Corporation to provide HOME investment Partnership Program funds for the rehabilitation of six (6) rental units located at 710, 712, 714, 716, 718 and 720 Roberts Street, Denton, Texas; increasing the funds to an amount not to exceed $244,537.56; and providing an effective date. D. ID 23-1097 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute Amendment 1 to an agreement with Denton County Friends of the Family to provide Community Development Block Grant for pre-development costs for the construction of the Family Justice Center in Denton, Texas; extending the term of the agreement to December 31,2023; and providing an effective date. E. ID 23-1054 Consider adoption of an ordinance of the City of Denton approving an agreement between The City of Denton and Hickory & Rail Ventures, LLC, regarding an Economic Development Program for Stoke Denton, in the amount of $183,963; and providing an effective date. The Economic Development Partnership Board recommends approval(6-0). F. ID 23-1095 Consider approval of a resolution of the City of Denton ratifying a letter of support to the US Department of Transportation, Federal Highway Administration (FHWA) to designate the North Central Texas Council of Governments (NCTCOG) as the lead applicant to the FHWA's Charging and Fueling Infrastructure (CFI) Discretionary Grant Corridor Program on behalf of the Dallas-Fort Worth-Arlington Metropolitan Statistical Area (DFW MSA) and neighboring jurisdictions; and providing an effective date. G. ID 23-1096 Consider approval of a resolution of the City of Denton ratifying a letter of support to the US Environmental Protection Agency (EPA) to designate the North Central Texas Council of Governments (NCTCOG) as the lead applicant to the EPA's Climate Pollution Reduction Grants (CPRG) planning grants on behalf of the Dallas-Fort Worth-Arlington Metropolitan Statistical Area (DFW MSA) and neighboring jurisdictions; and providing an effective date. H. ID 23-1098 Consider approval of a resolution of the City of Denton ratifying the submission of an application to the North Central Texas Council of Governments (NCTCOG) FY 2024 to 2025 Solid Waste Implementation Grant Program in the amount of $129,000 for a Residential Recycling Education and Incentives program; and providing an effective date. I. ID 23-1129 Consider approval of a resolution of the City of Denton ratifying a letter of support to the US Department of Transportation, Federal Highway Administration (FHWA) for the North Central Texas Council of Governments (NCTCOG) Texas Hydrogen and Electric Freight Truck Infrastructure (TX-HEFTI) grant application under the City of Denton Page 5 Printed on 6/16/2023 113 City Council Meeting Agenda June 27, 2023 FHWA's Charging and Fueling Infrastructure (CFI) Discretionary Grant Corridor Program on behalf of the Dallas-Fort Worth-Arlington Metropolitan Statistical Area (DFW MSA)and neighboring jurisdictions; and providing an effective date. J. ID 23-1196 Consider adoption of an ordinance by the City of Denton authorizing the City Manager to execute thirty (30) agreements for funding under the Arts and Cultural Relief Grant Program funded by the American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF), providing financial support to local artists, musicians, and cultural organizations in the amount of $481,725 for the program year starting July 1,2023 and ending July 31,2024; and providing an effective date. K. ID 23-1120 Consider adoption of an ordinance of the City of Denton providing for the abandonment, relinquishment , and quitclaim of a 0.068 acre Public Access and Fire Lane easement granted to the City of Denton by Ken Newman Properties, recorded by County Clerk file number 2016-54570 378, Real Property Records, Denton County, Texas; providing for the quitclaim thereof to M/I Homes of DFW llc., a Delaware limited liability company; providing for the terms and conditions of the abandonment, relinquishment and quitclaim made herein; providing for the indemnification of the City of Denton against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Denton;providing for severability and an effective date. L. ID 23-1137 Consider adoption of an ordinance of the City of Denton approving a fourth amendment to the current compensation agreement of the Presiding Judge to authorize outside employment as an adjunct professor; and providing an effective date. M. ID 23-1012 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Patel & Patel General Partners dba Deluxe Inn, to provide accommodations for persons experiencing homelessness due to the ongoing economic impact related to COVID-19 for the Community Development Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8218 - awarded to Patel & Patel General Partners dba Deluxe Inn, in the two (2) year not-to-exceed amount of$800,000.00). N. ID 23-1047 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Kraftsman, L.P. dba Kraftsman Playgrounds & Water Parks, through the Buy Board Cooperative Purchasing Network Contract #679-22, for the construction of Phase 2 for the Carl Young Sr. Splashpad for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (File 8248 - awarded to Kraftsman, L.P. dba Kraftsman Playgrounds & Water Parks, in the not-to-exceed amount of$700,000.00). O. ID 23-1146 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the approval of a first amendment to a contract between the City of Denton and Stella-Jones Corporation, amending the contract approved by the City Council on September 18, 2018, in the not-to-exceed amount of $2,500,000.00; said first amendment for the emergency purchase of wood poles City of Denton Page 6 Printed on 6/16/2023 114 City Council Meeting Agenda June 27, 2023 for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (IFB 6813 - providing for an additional first amendment expenditure amount not-to-exceed $625,000.00, with the total contract amount not-to-exceed $3,125,000.00). The Public Utilities Board recommends approval (5-0). P. ID 23-1148 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Southern Petroleum Laboratories, Inc. dba SPL, Inc., for lab analysis for the Municipal Laboratory, Industrial Pretreatment, and Watershed Protection Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 8134- awarded to Southern Petroleum Laboratories, Inc. dba SPL, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $485,200.00). The Public Utilities Board recommends approval(5-0). Q. ID 23-1149 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive bids under IFB 8200 for AUMA Actuators Service and Equipment for the Water Production department; and providing an effective date (IFB 8200). The Public Utilities Board recommends approval(5-0). R. ID 23-1150 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 8212 for the bulk bleach tanks for the Ray Roberts Water Treatment Plant (RRWTP) Temporary Chlorine Conversion Project for the Water Production Department; and providing an effective date (RFP 8212). The Public Utilities Board recommends approval(5-0). S. ID 23-1151 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Pipeline Analysis, LLC, for the Capacity, Management, Operations, and Maintenance Plan for the sanitary sewer and water system for the Wastewater Collections Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 8217- Professional Services Agreement for professional services awarded to Pipeline Analysis, LLC, in the not-to-exceed amount of $87,167.00). The Public Utilities Board recommends approval(5-0). T. ID 23-1152 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Caterpillar Inc., through the Sourcewell Cooperative Purchasing Network Contract Number 032119-CAT, for the acquisition of one (1) Caterpillar model 627 Wheel Tractor Scraper for the Solid Waste Department; authorizing the expenditure of funds therefor; and providing an effective date (File 8266 - awarded to Caterpillar Inc., in the not-to-exceed amount of $1,389,300.00). The Public Utilities Board recommends approval(5-0). U. ID 23-1153 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with First City of Denton Page 7 Printed on 6/16/2023 115 City Council Meeting Agenda June 27,2023 Arriving, LLC, for data digital display and multimedia content display management for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 8151 - awarded to First Arriving, LLC, for three (3) years, with the option for two (2) additional one (1) year extensions,in the total five(5)year not-to-exceed amount of$550,000.00). V. ID 23-1154 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Digitech Computer LLC, for emergency medical services billing for the Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8206- awarded to Digitech Computer LLC, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of$1,000,000.00). W. ID 23-1155 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with PondMedics Divisional Holdings, LLC dba Pondmedics, LLC., for the maintenance of the City of Denton-owned retention ponds for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8223 - awarded to PondMedics Divisional Holdings, LLC dba Pondmedics, LLC., for three (3) years, with the option for two (2) additional one (1) year extensions,in the total five(5)year not-to-exceed amount of$250,000.00). X. ID 23-1200 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a professional services agreement with Berry, Dunn, McNeil & Parker, LLC., dba BerryDunn, through The Interlocal Purchasing System (TIPS) Cooperative Program Contract #200601 for the Land Management Needs Assessment for the Technology Service department; providing for the expenditure of funds therefor; and providing an effective date (File 8273 - awarded to Berry, Dunn, McNeil & Parker, LLC., dba BerryDunn in the not-to-exceed amount of $124,000.00). Y. ID 23-1201 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Mend Collaborative, Inc., for assistance in the update of the Downtown Master Plan on behalf of the City of Denton for the Planning Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 8147 - Professional Services Agreement for Planning Services awarded to Mend Collaborative,Inc. in the not-to-exceed amount of$241,340.00). Z. ID 23-1202 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for design services related to Illumination/Lighting Projects for the City of Denton Parks department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7292-009- Professional Services Agreement for design services awarded to Kimley-Horn and Associates, Inc., in a three (3) year not-to-exceed amount of$1,500,000.00). AA. ID 23-1203 Consider adoption of an ordinance of the City of Denton, a Texas home-rule City of Denton Page 8 Printed on 6/16/2023 116 City Council Meeting Agenda June 27, 2023 municipal corporation, ratifying the expenditure of funds by the City Manager with Turbo Systems US Inc., for the repair and replacement of damaged turbos for the Denton Energy Center; providing for the expenditure of funds therefor; and providing an effective date (File 8199- awarded to Turbo Systems US Inc., in the not-to-exceed amount of$1,051,444.84). AB. ID 23-1204 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, to execute an Interlocal Cooperative Purchasing Agreement with North Central Texas College, under the Texas Government Code, Section 791.001, for a Commercial Driver's License (CDL) Training Program with North Central Texas College for the City of Denton Employees; authorizing the expenditure of funds therefor; and declaring an effective date (File 8229- award an Interlocal Cooperative Purchasing Agreement with the North Central Texas College). AC. ID 23-1205 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with NaturChem, Inc. dba Opterra Solutions, Inc., to spray twenty-six electric Substations sites for weed control for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (IFB 8256 - awarded to NaturChem, Inc. dba Opterra Solutions, Inc., in the five (5) year not to exceed amount of$185,000). AD. ID 23-1206 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 7678 for the Landfill Gas to Energy (LFGE) Project; and providing an effective date (RFP 7678). AE. ID 23-1208 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with 2L Construction, L.L.C., for the Construction of the Westgate Connector Paving and Drainage project for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 8204- awarded to 2L Construction,L.L.C.,in the not-to-exceed amount of$624,926.00.) AF. ID 23-1236 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Freeport Welding & Fabricating, Inc., for three (3) 60,000 gallon tanks for the Denton Energy Center's Winterization Project; providing for the expenditure of funds therefor; and providing an effective date (RFP 8220- awarded to Freeport Welding&Fabricating,Inc.,in the not-to-exceed amount of$1,279,570.00). 5. ITEMS FOR INDIVIDUAL CONSIDERATION—CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS -- PLACEHOLDER IN THE EVENT EMINENT DOMAIN ITEMS ARE SCHEDULED; OTHERWISE,WILL BE DELETED. -- 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 23-1221 Consider adoption of an ordinance of the City of Denton amending Chapter 14, City of Denton Page 9 Printed on 6/16/2023 117 City Council Meeting Agenda June 27, 2023 Article VIII of the Code of Ordinances (Non-Discrimination in Public Accommodations, Employment Practices, and Housing), to add a fair chance hiring provision to Section 14-203-5 setting hiring standards to limit employers' consideration of the criminal history on an initial job application; providing severability; providing a savings clause; providing for publication and codification; providing for a penalty; and providing an effective date. B. DCC23-0001 Consider approval of a resolution of the City of Denton, Texas, approving a Certificate of Design Consistency for a mural entitled "Greetings from Denton" located at 215 W Oak Street, which is within The Denton Square Overlay Zoning District, in the city of Denton, Denton County, Texas; and establishing an effective date. (DCC23-0001,215 W Oak Street Mural Project,Cameron Robertson) C. ID 23-1175 Consider appointments to City Council Committees: Community Partnership Committee,Committee on the Environment and Mobility Committee. D. ID 23-1162 Consider approval of a resolution to appoint a member to the Board of Directors of the Texas Municipal Power Agency, a Texas Joint Powers Agency, to represent the City of Denton, a Texas Home-Rule Municipal Corporation; and declaring an effective date. E. ID 23-1147 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Mountain Cascade of Texas, LLC, for the construction and movement of public water/wastewater utilities in support of the Texas Department of Transportation's 1-35 widening from US-380 to Milam Road for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7968-003 - awarded to Mountain Cascade of Texas, LLC, in the not-to-exceed amount of $17,109,084.30). The Public Utilities Board recommends approval(5-0). 7. PUBLIC HEARINGS Note: Action on these items will occur on or after 6:30 p.m. in accordance with the published public notice. -- PLACEHOLDER IN THE EVENT PUBLIC HEARING ITEMS ARE SCHEDULED; OTHERWISE,WILL BE DELETED. -- 8. CONCLUDING ITEMS City of Denton Page 10 Printed on 6/16/2023 118 City Council Meeting Agenda June 27, 2023 A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics,above posted. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on June 23, 2023, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. OFFICE OF THE CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS 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 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. City of Denton Page 11 Printed on 6/16/2023 119 Tentative Work Session Topics and Meeting Information Updated: June 16, 2023 Meeting Date Item I Legistar ID Departments Involved Type Estimated Time June 20,2023 NO MEETING-Day after Juneteenth Holiday(June 19) June 23,2023 City Council Retreat-Day 1(@5:00 p.m.) City Council Retreat-Day 1 23-562 City Manager's Office City Business 2:00 At the Development Service Center ONE- June 24,2023 Ethics Training 1 23-1223 linternal Audit I City Business 0:20 City Council Retreat-Day 2(@8:30 a.m.) At the Development Service Center City Council Retreat-Day 2 23-562 City Manager's Office City Business 8:00 A. Fiscal Year 2022-23 Annual Internal Audit Plan 23-1173 Internal Audit City Business 0:15 B. Capital Improvement Program Budget 23-268 Finance City Business 1:00 June 27,2023 C. Police Department Update 23-601 Police City Business 0:30 Work Session(@2:00 p.m.) D. Comprehensive Diversion Ordinance 23-383 Solid Waste City Business 0:45 Special Called Meeting(@6:30 p.m.) E. Council Member Appointments to Boards and Committees 23-1136 City Manager's Office City Business 0:45 [Continuous Meeting] F.Two-Minute Pitch:Meltzer 23-217 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business 0:30 Total Est.Time: 4:00 Other Major Items for Meeting: July 4,2023 NO MEETING-Independence Day Holiday and Summer Break A. Audit Project 033-Pedestrian&Cyclist Safety:Infrastructure Management 23-425 Internal Audit City Business 0:30 B. Utility Budgets&Rates 23-270 Finance City Business 1:00 July 18,2023 C. Downtown Denton Ambassador Program Pilot 1 23-651 lCommunity Development City Business 0:30 Work Session(@2:00 p.m.) D. SCBAC Presentation-2023 Bond Recommendations 1 23-1233 IFinance City Business 1:00 Regular Meeting(@6:30 p.m.) E.Two-Minute Pitch: 23-218 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business 0:30 Total Est.Time: 4:00 Other Major Items for Meeting: A. Update on 88th Legislative Session 1 23-963 ICity Manager's Office I City Business 1:30 July 25,2023 B. 2023 Bond Follow-up 23-1242 IFinance I City Business 1:30 Work Session(@2:00 p.m.) C.Two-Minute Pitch: 23-219 1 City Manager's Office Icouncil Request 0:30 Special Called Meeting(@6:30 p.m.) Closed Meeting Item(s): Legal(if any) lCityBujiness 0:30 [Continuous Meeting] Total Est.Time: 4:00 Other Major Items for Meeting: MV August 1,2023 IA. Northeast Denton Area Plan 23-1193 Planning City Business 2:00 Joint Council with Planning&Zoning Commission Workshop (@ 11:00 a.m.) lClosed Meeting Item(s): Legal(if any) City Business 0:30 At the Development Service Center Total Est.Time: 2:30 A. Audit Project 004-Police Property Room:Second Follow-up 23-595 Internal Audit City Business 0:15 B. Audit Project 005-Utility Street Cuts:Second Follow-up 23-596 Internal Audit City Business 0:15 C. Bell/Eagle Intersection Traffic Analysis 23-440 Capitol Projects/Engineering City Business 0:30 August 1,2023 D. 2023 Bond Follow-up 23-1243 Finance City Business 0:45 Work Session(@2:00 p.m.) E. Construction 101-the Life Cycle of a Project 23-1124 Engineering City Business 0:45 Regular Meeting(@6:30 p.m.) F.Two-Minute Pitch: 23-220 City Manager's Office Council Request 0:30 Closed Meeting Item(s):City Manager and City Attorney Annual Reviews Legal(if any) City Business 0:30 Total Est.Time: 3:30 Other Major Items for Meeting: August 5,2022(Saturday) Budget Workshop(@9:00 a.m.) A. Budget Workshop 23-272 Finance City Business 8:00 At the Development Service Center Total Est.Time: 8:00 A. Fiscal Year 2023-24 Annual Audit Plan 23-597 Internal Audit City Business 0:30 B. Audit Project 033-Pedestrian&Cyclist Safety:Phase 2-Community Efforts 23-925 Internal Audit City Business 0:30 C. Budget Follow-up 23-273 Finance City Business 1:00 August 15,2023 Environmental Services Work Session(@2:00 p.m.) D.Wildlife Corridors 23-1057 &Sustainability City Business 0:30 Regular Meeting(@6:30 p.m.) E.Two-Minute Pitch: 23-221 City Manager's Office Council Request 0:30 Closed Meeting Item(s):Internal Auditor and Municipal Judge Annual Reviews Legal(if any) City Business 0:30 Total Est.Time: 330 Other Major Items for Meeting: September 5,2023 NO MEETING-Day after Labor Day(Sept 4) A.Budget Follow-up 23-275 Finance City Business 1:00 September 12 B. Public Health Official TBD City Manager's Office Council Request TBD Work Session(@2:00 p.m.) Beck(06/6/2023) Special Called Meeting(@6:30 p.m.) Closed Meeting Item(s): Legal(if any) City Business 0:30 If needed for Budget Total Est.Time: 1:30 Other Major Items for Meeting: A. Audit Project 034-Fire Prevention 23-593 Internal Audit City Business 0:30 B. Aquatics Master Plan 23-683 Parks&Recreation City Business 0:30 C. Election Day Holiday TBD Human Resources City Business TBD September 19 D. Stormwater Master Plan 23-1123 Engineering City Business 0:30 Work Session(@2:00 p.m.) E. Community Rating System 23-1234 Engineering City Business 0:30 Regular Meeting(@6:30 p.m.) F.Two-Minute Pitch: 23-222 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business 0:30 Total Est.Time: 3:00 Other Major Items for Meeting: A. Audit Project 035-Staff Recruitment&Hiring 23-594 Internal Audit City Business 0:30 B. Climate Action and Adaptation Plan 23-937 Env.Svcs.&Sustainability City Business 1:00 September 26 C. Roadway Impact Fees 23-1125 Engineering City Business 0:30 Work Session(@2:00 p.m.) Special Called Meeting(@6:30 p.m.) D.Two-Minute Pitch: 23-223 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business 0:30 Total Est.Time: 3:00 Other Major Items for Meeting: October 3,2023 NO MEETING-National Night Out October 17,2023 A. Northeast Denton Area Plan 23-1194 Planning City Business 2:00 Joint Council with Planning&Zoning Commission Workshop (@ 11:00 a.m.) Closed Meeting Item(s): Legal(if any) City Business 0:30 At the Development Service Center Total Est.Time: 2:30 October 17 Work Session(@2:00 p.m.) Regular Meeting(@6:30 p.m.) A.Two-Minute Pitch: 23-224 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business 0:30 Total Est.Time: 1:00 Other Major Items for Meeting: *This is for planning purposes only.Dates are subject to change. 120 Meeting Date Item Legistar ID Departments Involved Type Estimated Time— October 24 Work Session(@2:00 p.m.) A.Two-Minute Pitch: 23-225 Icity Manager's Office Council Request 0:30 Special Called Meeting(@6:30 p.m.) Closed Meeting Item(s): Legal(if any) City Business 0:30 Total Est.Time: 1:00 Other Major Items for Meeting: A. DCTA Quarterly Update 23-466 Engineering City Business 0:30 November Work Session(@2:00 p.m.) B.Two-Minute Pitch: 23-226 City Manager's Office Council Request 0:30 Regular Meeting(@6:30 p.m.) Closed Meeting Item(s): Legal(if any) City Business 0:30 Total Est.Time: 1:30 Other Major Items for Meeting: November14 Work Session(@2:00 p.m.) A.Two-Minute Pitch: 23-227 City Manager's Office Council Request 0:30 Special Called Meeting(@6:30 p.m.) Closed Meeting Item(s): Legal(if any) City Business 0:30 Total Est.Time: 1:00 Other Major Items for Meeting: November 21,2023 NO MEETING-Thanksgiving Week Item Legistar ID Departments Type Estimated Work Session Date MUD's and MMD's 23-652 Deveopment Services City Business 1:00 Work Session Items to be Determined Denton Renewable Resource Plan TBD DME City Business TBD Item Dates De artments Type Estimated Work Council Priorities and Significant Work Plan Items to be Scheduled Item Date Approved Department Estimated Hours to Complete Requestor RFP for a Downton Parking Survey 10-18-2022 Economic Development TBD CM Davis Approved Council Pitches to be Scheduled ITowing Enforcement Signage 2-7-2023 TBD CM Davis *This is for planning purposes only.Dates are subject to change. 121 1 Street Closure Report: Upcoming Closures smartsheet SCR June 19th - 25th Street/Intersection From To Department Department Contact 1 Cordell St(1229) Fulton St Crescent St 06/26/23 07/14/23 Curb and Road repair Streets Roy San Miguel 2 Green Oaks St(2300) Dunes St Cooper Branch 07/05/23 07/21/23 Valley Gutter Repair Streets Roy San Miguel 3 Industrial St Bell St Mulberry St 07/05/23 08/29/23 Utility installation Engineering Seth Garcia 4 Oak St Mounts Ave Fulton St 06/30/23 07/28/23 Wastewater Collections will be installing a new Wastewater Tiffany Sherrane sewer main lines and services. 5 Stallion St Lakeview Blvd Oak Creek Ln 07/03/23 08/11/23 Street Concrete Panel Repair Streets Roy San Miguel Exported on June 16,2023 11:26:20 AM CDT 122 2 Street Closure Report: Current Closures smartsheet Street/Intersection From r To ulosure a Description Department Ir Department Contact Date I 1 Augusta Dr Colonial Dr Augusta Dr(2900) 07/11/22 07/10/23 Utility installations and Engineering Scott Fettig pavement replacement. 2 Avenue S Prairie St Dead End South 03/06/23 07/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 3 Azalea St Parvin St Laurel St 05/30/23 08/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 4 Bailey St Willson St Dead End South 01/30/23 07/07/23 Utility installations and Engineering Scott Fettig pavement replacement. 5 Bernard St Acme St Roselawn Dr 05/30/23 09/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 6 Bonnie Brae St Riney Rd University Dr(HW 380) 04/24/23 06/30/23 (2)8x16 TSV&8"WL Private Development Public Jeremiah Tillman-David Installation Works Inspections 7 Bonnie Brae St Riney Rd Windsor Dr 03/10/23 07/31/23 Urbana at Bonnie Brae:Public Public Works Inspections Jeremiah Tillman-David Paving 8 Bradshaw St Hickory St McKinney St 03/21/22 06/30/23 Utility installations and Engineering Scott Fettig pavement replacement. 9 Bradshaw St Prairie St Sycamore St 03/13/23 07/17/23 Utility installations and Engineering Scott Fettig pavement replacement. 10 Bradshaw St Wilson St Prairie St 01/30/23 08/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 11 Brook Hollow Dr Greenway Dr Carriage Hill Rd 10/07/22 07/10/23 Utility installations and Engineering Scott Fettig pavement replacement. 12 Brookfield Ln(2603) Woodhaven St Emerson Ln 06/20/23 07/07/23 Curb an Valley Gutter repair Streets Roy San Miguel 13 Camellia St Parvin St Laurel.St 05/30/23 08/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 14 Carriage Hill Thunderbird Dr. Brookhollow Dr. 06/05/23 07/31/23 Pavement replacement. Engineering Scott Fettig 15 Carroll Blvd SB Parkway St Oak St 05/08/23 08/14/23 Concrete Panel Repair Streets Roy San Miguel Clover Ln Robinwood Ln Glenwood Ln 12/09/22 07/10/23 Water Distribution will be Water Tiffany Sherrane 16 installing a new main line and services. 17 Colonial Dr Thunderbird Dr Dead End South 07/11/22 07/10/23 Utility installations and Engineering Scott Fettig pavement replacement. 18 Crawford St Hickory St McKinney St 03/21/22 06/30/23 Utility installations and Engineering Scott Fettig pavement replacement. 19 Greenway Dr Thunderbird Dr Dead End South 07/11/22 07/10/23 Utility installations and Engineering Scott Fettig pavement replacement. 20 Greenway Or Thunderbird Dr Windsor Farms Dr 10/07/22 07/10/23 Utility installations and Engineering Scott Fettig pavement replacement. 21 Hattie St Paisley St McKinney St 03/21/22 06/30/23 Utility installations and Engineering Scott Fettig pavement replacement. 22 Hickory Creek Rd Riverpass Dr FM 1830 03/13/23 12/31/24 Bridge Installation Engineering Dustin Draper 23 Hickory St Exposition St Ruddell St 05/02/22 06/30/23 Utility installations and Engineering Scott Fettig pavement replacement. 24 Highland St Locust St Wainwright St 01/30/23 06/30/23 Utility installations and Engineering Scott Fettig pavement replacement. 25 Lakewood Dr Greenway Dr Carriage Hill Rd 10/07/22 07/10/23 Utility installations and Engineering Scott Fettig pavement replacement. 26 Locust St Hickory St Oak St 06/05/23 06/30/23 Installation of Diagonal Engineering Robin Davis Crosswalks 27 Maddox St Prairie St Dead End 03/20/23 07/10/23 Utility installations and Engineering Scott Fettig pavement replacement. 28 Mayhill Rd @ Spencer Rd 03/28/23 06/30/23 Water main tie-in and turn lane Public Works Inspections Ryan Cuba addition 29 McKinney St Crawford Rd Audra Ln 05/19/22 06/30/23 Utility installations and Engineering Scott Fettig pavement replacement. Exported on June 16,2023 11:26:33 AM CDT 123 Street/Intersection From To Description Department Department Contact 30 McKinney St Mayhill Rd Ryan Rd 05/04/23 07/31/23 Turn lane Public Works Inspections Ryan Cuba 31 Mill St Allen St Johnson St 01/17/23 07/28/23 Utility Replacement Engineering Seth Garcia 32 Mill St Allen St Robertson St 02/27/23 07/28/23 Utility installation and roadway Engineering Seth Garcia reconstruction 33 Myrtle St. Fort Worth Dr. Eagle Dr. 06/05/23 09/28/23 Utility installations and Engineering Scott Fettig pavement replacement. 34 Oak St Crawford St Wood St 04/04/22 06/30/23 Utility installations and Engineering Scott Fettig pavement replacement. 35 Oak St E Locust St Austin St 06/05/23 06/30/23 Installation of Diagonal Engineering Robin Davis Crosswalks 36 Ottawa Dr Great Bear Ln Wind River Ln 05/29/23 07/06/23 Street Panel and Sidewalk Streets Roy San Miguel Repair 37 Park Access Rd Windsor Dr Riney Rd 12/15/22 07/31/23 Urbana Bonnie Brae Project: Private Development Public Jeremiah Tillman-David Water,Sewer,Storm,Paving. Works Inspections Plum Hollow St Sagewood St Shadow Trl 05/30/23 07/15/23 This work includes road Other Taylor Holt 38 reconstruction with subgrade stabilization,asphalt paving, and concrete curb and gutter. Robinwood Ln Kayewood Dr Emerson Ln 12/09/22 07/10/23 Water Distribution will be Water Tiffany Sherrane 39 installing a new main line and services. 40 Roselawn St Bernard St Fort Worth Dr 06/20/23 06/28/23 Utility work Engineering Seth Garcia 41 Sandy Creek Dr Angelina Bend Dr Angelina Bend Dr 05/18/23 06/23/23 Street Reconstruction Engineering Dustin Draper 42 Smith St Johnson St Bell Ave 01/30/23 07/31/23 Utility installations and Engineering Scott Fettig pavement replacement. 43 Smith St Dallas Dr(Hwy 77) Hill St 03/06123 08/31/23 Utility installations and Engineering Scott Fettig pavement replacement. 44 Sycamore St Industrial St Wainwright St 04/24/23 07/11/23 Roadway&Utilities Engineering Seth Garcia 45 Sycamore St Exposition St Crawford St 03/13/23 07/17/23 Utility installations and Engineering Scott Fettig pavement replacement. 46 Thunderbird Dr. Colonial Dr. Crestmeadow St. 06/05/23 07/31/23 Utility installations and Engineering Scott Fettig pavement replacement. 47 Val Verde Ct Montecito Rd Dead End East 05/19/23 06/30/23 Mill and Overlay Streets Jeff Jones 48 Wainwright St Prairie St Sycamore St 04/24/23 07/11/23 Roadway,utilities Engineering Seth Garcia 49 Wainwright St Highland St Prairie St 03/13/23 07/14/23 Utility installations and Engineering Scott Fettig pavement replacement. Willow Stone St Pheasant Hollow St Shadow Trl 05/30/23 07/15/23 This work includes road Other Taylor Holt 50 reconstruction with subgrade stabilization,asphalt paving, and concrete curb and gutter. 51 Wisteria St Parvin St Laurel St 05/30/23 08/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 52 Wood St McKinney St Hickory St 04/11/22 06/30/23 Utility installations and Engineering Scott Fettig pavement replacement. 53 Woodrow Ln McKinney St Troy H Lagrone Dr 02/20/23 07/05/23 Water tie in Public Works Inspections Ryan Cuba Exported on June 16,2023 11:26:33 AM CDT 124 3 Street Closure Report: Completed Closures smartsheet Intersection • To Date Date Closure End Description Department Department 1 Angelina Bend Dr San Gabriel Dr Angelina Bend Dr(1416) 11117/23 05/31/23 Street Reconstruction Engineering Dustin Draper 2 Brown Dr Roberts St Woodland St 03/28/23 05/23/23 Street Reconstruction Engineering Dustin Draper 3 Churchill Dr Nottingham Dr Burning Tree Ln 05/15/23 06/16/23 Pipe bursting sewer pipe Public Works Inspections Armando Beltran Dallas Dr(Hwy 77) @ RR crossing bridge appx.300'south of Eagle Dr 05/17/23 05/17/23 Close HWY 77 to perform Joe Prado 4 maintenance to the railroad bridge 5 Fulton St Crescent St Cordell St 05/08/23 06/16/23 Replacing public utilities in Public Works Inspections Lee Thurmond roadway/intersection 6 Hickory St Elm St Austin St 03/20/23 06/06/23 Installation of Diagonal Engineering Robin Davis Crosswalks 7 Locust St Walnut St Oak St 03/20/23 06/06/23 Installation of Diagonal Engineering Robin Davis Crosswalks Mistywood Ln Robinwood Ln Sherwood Ln 12/09/22 06/15/23 Water Distribution will be Water Tiffany Sherrane 8 installing a new main line and services. 9 Myrtle St Eagle Dr Fort Worth Dr 04/05/23 06/09/23 Relocating gas main and Atmos Zabdiel Mote service lines. 10 Oak St Thomas St Bonnie Brae St 06/08/23 06/16/23 Work on the DME substation Public Works Inspections Lee Thurmond 11 Riesling Dr Rhone Dr Merlot Dr 05/01/23 06/08/23 Concrete Panel and Sidewalk Streets Roy San Miguel Repair 12 State School Rd 1-35E Bowie St 03/06/23 05/19/23 Utilities relocation along East Engineering Aaron Skinner side of State School Rd Windsor Dr Burning Tree Ln Nottingham Dr 05/15/23 06/05/23 Shoulder closure-to locate a Public Works Inspections Armando Beltran 13 waterline for pipe bursting project. 14 Woodland St Brown Dr Cherrywood Ln 03/01/23 05/23/23 Street Reconstruction Engineering Dustin Draper Exported on June 16,2023 11:26:52 AM CDT 125